Loading...
020696 Planning AGENDA PLANNING COMMISSION MEETING OF FEBRUARY 6, 1996 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. CONSENT ITEMS 3. PUBLIC HEARINGS '3.1 Case 95-31 Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. *3.2 Case 96-02 Request for Site & Building Plan Review/Approval for Building Addition, 7709 WinPark Drive, Taber Bushnell, Inc., Petitioner. 3.3 Case 95-20 Ordinance 96-2, An Ordinance Amending the New Hope Zoning Code by Defining Understory and Overstory Trees and Modifying Landscaping Regulations for Semi-Public and Income Producing Property, City of New Hope, Petitioner. 3.4 Case 95-21 Ordinance 96-04, An Ordinance Reclassifying Various Conditional Uses as Permitted Uses Within the B-l, B-2, B-3 and B-4 Zoning Districts, City of New Hope, Petitioner. 4. COMMITTEE REPORTS 4.1 Report of Design and Review.Committee - Next Meeting: February 15th at 3:30 p.m. 4.2 Report of Codes and Standards Committee - Next Meeting: To be scheduled after 2/12 Council meeting. 5. OLD BUSINESS 5.1 Miscellaneous Issues 6. NEW BUSINESS 6.1 Review of Planning Commission Minutes of danuary 2, 1996. 6.2 Review of City Council Minutes of December 11, 1995 and January 8, 1996. 6.3 Review of EDA Minutes of December 11, 1995 and January 8, 1996. 7. ANNOUNCEMENTS 8. ADJOURNMENT * Petitioners are required to be in attendance. NEW HOP~ FEBRUARY PLANING CO~ISSION MEETING PC95-31 Autohaus 7709 42nd Avenue North PC96-02 Taber Bushnell 7709 Winpark Drive GOLDEN VALLEY CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 95-31 Request: Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size Location: 7709 42nd Avenue North PID No: 17-118-1-3-0017 Zoning: B-3, Auto-Oriented Business District Petitioner: Autohaus of Minneapolis/Thomas Boettcher Report Date: February 2, 1996 Meeting Date: February 6, 1996 UPDATE 1. This request was tabled at the January 2nd Planning Commission meeting, as the Commission indicated it could not support the original request and asked the petitioner to submit revised plans with the correct size/scale shown. The Commission requested a reduction in the number of signs and the square footage of the signs to more closely comply with the Sign Code. 2. The petitioner has submitted revised plans, which are described below. 3. Ground Sign - The revised plans show one (1) 12' x 6' (72 square feet) ground sign which would be installed on the existing support structure, with radius and shrouds to be added. The total height of the sign would be 18 feet. The original proposal was for two (2) seventy-two (72) square foot ground signs being installed on the same support structure, therefore the petitioner has reduced the ground sign request by 50 percent and staff finds that the revised request is a big improvement over the original request. The colors of the smaller sign would be the same as the one originally proposed. The Sign Code states that only one 75-square foot ground sign is allowed if the building contains more than one wall sign over 10 square feet and the proposed wall signs exceed 10 square feet. This ground sign meets the Sign Code requirements if the second ground sign on the old Animal Hospital property is removed, as two ground signs are not allowed. Staff will be recommending approval of the revised ground sign on the condition that the second ground sign be removed. 4. Front Wall Signs - Autohaus is proposing the installation of three (3) walls signs on the north elevation, as follows: North (front) Elevation: (1) 2' x 8' (16 square feet) AutoBody Plus (2) 30" x 12' (30 square feet) Autohaus Sales & Leasing (3) 30" x 12' (30 square feet) Autohaus Certified Auto Service Planning Case Report 95-31 2 February 2, 1996 The number and sizes of the signs are the same as proposed in January. The Sign Code states that the total allowable sign area for a multiple occupancy structure shall not exceed 15 percent of the combined wall surfaces on walls which abut streets in Business Districts and no individual tenant identification sign may exceed one hundred (100) square feet in area. Individual tenants located within multiple occupancy structures shall be permitted to display individual identification signs, if they have separate, exterior entrances to their use, in which case, not more than one sign may be displayed. In discussing these sign requests with the Planning Consultant, if the Commission considers this as a multiple tenant building, the code is interpreted to allow one 100 square foot wall sign per tenant. Therefore, the three (3) signs proposed for the north (front) elevation meet code requirements. Staff would recommend that a condition of any approval be that the petitioner submit floor plans to the Building Official indicating what areas each tenant occupies. 5. Side Wall Signs - The petitioner is proposing the following side wall signs: East Elevation: One (1) 20" x 6' (9 square fee0 AutoBody Plus West Elevation: One (1) 20' x 6' (9 square feet) Autohaus Certified Auto Service One (1) 2' x 5' (10 square feet) Autohaus entrance One (1) 2' x 5' (10 square feet) AutoBody Plus entrance One (1) 20" x 6' (9 square feet) AutoBody Plus In the Sign Code no allowance is made for side wall signs, except that a nine (9) square foot delivery sign may be located on the side or rear wall of the structure. If it is interpreted that the proposed signs are not delivery signs, variances are required for the side wall signs under the current Sign Code. 6. Staff finds that the petitioner has significantly reduced the size of the ground sign and the side wall signs have been reduced to meet or almost meet the nine square foot requirement. The only remaining issue is the number of the side wall signs. RECOMMENDATION If the Commission proceeds with the approval of the sign plan, staff recommends the following conditions: 1. Second ground sign on former Animal Hospital property to be removed. 2. Floor plans identifying tenant spaces to be submitted justifying multiple tenants and front wall signs. Planning Case Report 95-31 3 February 2, 1996 3.Side wall signs shown at ten square feet to be reduced in size to nine square feet maximum. Attachmems: Revised Ground Sign Plans Revised North Elevation Ground Signs Revised Awning Plan Revised East Elevation Revised West Elevation 1/8 Correspondence 1/2 Planning Case Report JAN I 2 1996 16' 61' I i 2' i 8 6'* I ~6' I I 16' I J8" I 12' I I 12' I NORTH ELEVATION i/4" - I' 20"-0" 15" RED 4" RED 18" COPY AREA = 9 SQ.FT. 25" WHITE 4"' RED TEAL SIRIPES 230 246 20"-0" 15" RED 4~RED ~ 18" COPY AREA = 9 SQ.FT. 25" WHITE BAND ERADICATE .Certified Auto Bervioe* - 4" RED 6'-0" j COPY; Cardinal red 230-53 A TYPICAL AWNING 142 -- BACK UG44I£D AWN~IG RED COC~EY BI~I1E FA~I~IC NO COPY ~Ol.~ 16 .~O. FI'.- 64' 20' EASl E~EVA~K)N I/4": I' 0' f WEST [IEVATION I/4" = I'-0" ~ 4401 Xylon Avenue North CiO/Hall: 612-531-5100 C, ty ~,a/l :ax: Ne w Hope, Minnesota 55428-~898 .~otice: 612-531.5170 Po/ice Fax: 5' 2-52 Put~iic Works: 612-533-4823 Pubiic WorKs Fax: TDD: 612.531-5109 Fire Dep't. Fax: January 8, 1996 Mr. Thomas Boettcher Autohaus of Minneapolis 7709 42nd Avenue North New Hope, MN 55427 Subject: PLANNING CASE 95-31, REQUEST FOR SIGN VARIANCES/APPROVAL OF COMPREHENSIVE SIGN PLAN TO ALLOW WALL AND GROUND SIGNS THAT EXCEED SIGN CODE REQUIREMENTS IN NUMBER AND SIZE Dear Mr. Boettcher: As you are aware at the January 2nd Planning Commission meeting, the Commission tabled ~our request for sign variances/approval of Comprehensive Sign Plan to allow wall and ground signs that exceed Sign Code requirements in number and size until the February 6th meeting. The Commission has requested a reduction in the number of signs and the square footage of the signs in order to more closely comply with the Sign Code. Please submit revised plans with the correct size/scale shown by January 22nd if you want the plans to be considered at the February 6th Planning Commission meeting. If you have any questions, please feel free to contact me at 531-5119. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Property File (7709 42nd Avenue North) Planning Case File 95-31 Family Styled uny ,~!,,;i^,,, l, li,~,' For Family Living CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 95-31 Request: Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size Location: 7709 42nd Avenue North PID No: 17-118-1-3-0017 Zoning: B-3, Auto-Oriented Business District Petitioner: Autohaus of Minneapolis/Thomas Boettcher Report Date: December 29, 1995 Meeting Date: January 2, 1996 BACKGROUND 1. The petitioner is requesting sign variances/approval of a Comprehensive Sign Plan to allow wall and ground signs that exceed Sign Code requirements in number and size. 2. In 1989, the City approved the Autohaus development at 7709 42nd Avenue North. At the time of the approval, Universal Color Lab, Inc. was leasing space in front of the building, with the understanding that at some point in the future they would be moving off of the site and that Autohaus would occupy the entire site. As you are aware, Universal Color Lab purchased the Kuppenheimer building across the street this past fall and have moved into their new building and vacated the Autohaus site. Autohaus and related auto-oriented businesses are now in the process of occupying the entire building and would like to proceed with the installation of signage on the entire building now that Color Lab is no longer located on the site. 3. Some of the proposed signs exceed the size and number of signs currently allowed under the Sign Code standards, thus this application has been made for variances from certain requirements. 4. In 1991, the City executed a Development Contract and made a low interest loan to Autohaus to assist with the acquisition of the former Animal Hospital site and School District property. The Animal Hospital was demolished and all properties were combined into one plat. The loan was paid back in full this past summer. All of the site improvements have not yet been completed on the property and the City Council has granted several extensions for the improvements to be completed. This planning case application is intended to address only the signage issues. 5. The property is located in a B-3, Auto-Oriented Business, Zoning District and motor vehicle sales, service, leasing/rental and repair is allowed by conditional use permit. Surrounding land uses/zoning include B-4 Commercial Business (YMCA) to the east, B-4 Commercial Business (Country Kitchen) to the west, I-1 Limited Industrial (District #281 Bus Garage) to the south, and B-4 Commercial Business (Universal Color Lab and Car Wash) across 42nd Avenue to the north. Planning Case Report 95-31 2 January 2, 1996 6. The Autohaus property contains 2.7 acres and the building contains 17,300 square feet. 7. The property is located in Planning District #17 of the Comprehensive Plan and is part of the "City Center" area. 8. The topography of the site is nearly flat, with the exception of the southeast comer, which slopes to the wetland in the rear of the property. 9. Property owners within 350' of the request have been notified and staff have received no comments regarding this request. ANALYSIS 1. Section 3.467 of the Sign Code establishes criteria for Signs Accessory_ to Multiple Occupancy Businesses. Staff is considering this a multiple tenant building because there are three (3) separate, but inter-related, businesses on the site: AutoBody Plus Autohaus (Sales) Autohaus (Repair) The ordinance states that "when a single principal building is devoted to two or more businesses, a comprehensive sign plan for the entire building' shall be submitted. The effect of said comprehensive sign plan is to allow and require the owner of the multiple occupancy structure to determine the specific individual sign requirements for the tenants of the building. As sign locations and size, etc. may be of some significant importance in lease arrangements between owner and tenant, it is the City's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility to deal with his individual tenants on their specific sign needs." 2. Ground Simas. Multiple occupancy structures (other than shopping centers) may erect ground signs in accordance with the following provisions and may identify each separate and distinct occupancy on the ground sign: A. Not more than two (2) ground signs shall be permitted on any lot or one ground sign if the building should contain more than one (1) wall sign over ten (10) square feet, subject to the following requirements: 1. Maximum area not to exceed 75 square feet (per sign) 2. Maximum structure height not to exceed 20 feet 3. No ground sign shall be located closer than ten (10) feet to any property line 3. Wall Si__t, ns Maximum Area. The total allowable sign area for a multiple occupancy structure shall not exceed 15% of the combined wall surfaces on walls which abut streets in Business Districts and no individual tenant identification sign may exceed one hundred (100) square feet in area. Planning Case Report 95-31 3 January 2, 1996 A. Building Identification. No multiple occupancy structure may display more than two overall building identification signs. B. Tenant Identification Simas. Individual tenants located within multiple occupancy structures shall be permitted to display individual identification signs, if they have separate exterior entrances to their use, in which case, not more than one sign may be displayed. C. Delivery Signs. A delivery sign or signs not exceeding nine square feet in area may be located on the side or rear wall of the structure. GROUND SIGNS 4. Autohaus is proposing to install two (2) seventy-two (72) square foot ground signs, which would be installed on the same support structure. They are proposing to revise the existing support structure and add radius end shrouds. The total height of the sign would be 20 feet. The two signs are as follows: A. Bottom Sign: (12' x 6' = 72 square feet) "AutoBody Plus" with red lettering, a black background and blue accent lines. B. Top Sign: (12' x 6' = 72 square feet) "Autohaus Sales/Leasing" with white letters with red accents and "ASE Certified Auto Service" with blue letters. Entire sign to have black background. 5. The Sign Code states that only one 75-foot ground sign is allowed if the building contains more than one wall sign over 10 square feet. The wall signs proposed exceed 10 square feet, therefore a variance is needed for the second ground sign. 6. Also, the petitioner has indicated that the second ground sign (formerly used by the Animal Hospital) is to be removed. Any consideration of a variance should include the condition that the second free-standing ground sign be removed. 7. The two proposed ground signs would not require a variance if the building only contained one 10 square foot wall sign, as they meet the size and height criteria. 8. Any consideration of a variance should also include the condition that the 10-foot setback requirement be complied with. WALL SIGNS 9. Autohaus is proposing the installation of six (6) wall signs, as follows: North (front) Elevation: (1) 2' x 8' (16 square feet) AutoBody Plus (2) 30" x 12' (30 square feet) Autohaus Sales & Leasing (3) 30" x 12' (30 square feet) Autohaus Certified Auto Service Planning Case Report 95-31 4 January 2, 1996 East (side) Elevation: (4) 2' x 8' (16 square feet) AutoBody Plus West (side) Elevation: (5) 30" x 12' (30 square feet) Autohaus Certified Auto Service (6) 2' x 8' (16 square feet) AutoBody Plus In addition, one 2' x 2' x 5' awning stating "Autohaus Service & Parts" would be located over a service door and a 2' x 5' awning with the "AutoBody Plus" logo would be located over another service door. Most of the signs would be located on Back-Lighted Awnings with red fabric. 10. In discussing these sign requests with the Planning Consultant, the code is interpreted to allow one 100 square foot wall sign per tenant. Therefore, the three (3) signs proposed for the north (front) elevation meet code requirements. 11. No allowance is made for side wall signs, except that a nine (9) square foot delivery sign may be located on the side or rear wall of the structure. It has been interpreted that the proposed signs are not delivery signs, therefore variances are required for the side wall signs under the current sign code. 12. In addition, the Sign Code contains the following criteria for awning and canopy signage: Awning or Canopy Signs. Letters may be painted or otherwise affixed to any permissible awning or canopy as follows: (a) Location. Lettering or letterS shall not project above, below or beyond the physical dimensions of the awning or canopy. (b)Height. Lettering or letters shall not be larger from top to bottom than twelve inches. (c) Use. Lettering or letters shall not denote other than the name and address of the business conducted therein and/or a product or products produced or sold or service rendered therein. (d) Maximum Signage. Lettering or letters shall be included in calculating the maximum sign area of the permissible wall sign. 13. The New Hope Sign Code states that where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this section, the Planning Commission/City Council has the power to vary the requirements of this section in harmony with the general purpose and intent hereof, so that the public health, safety and general welfare may be secured and substantial justice done. When considering a variance, the Planning Commission/ City Council shall make a finding of fact and grant approval based upon the following conditions: A. Unique Conditions. That the conditions involved are unique to the particular parcel of land or use involved. B. Variation Purpose. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the business involved. Planning Case Report 95-31 5 Janua~ 2. 1996 C. Cause of Hardship. That the alleged difficulty or hardship is caused by this Sign Code and has not been created by any persons presently having an interest in the parcel. D. Effect of Variance. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements to the neighborhood. E. Impairment of Lit~ht and Air. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or interfere with the function of the police and fire departments of the City. 14. In preparing this report staff have discovered several inconsistencies in the Sign Code between the application to single and multi-occupancy buildings. These include: the criteria for single occupancy buildings includes sections referring to side and rear wall signs and the criteria for multiple occupancy buildings does not include these standards. the criteria for single occupancy buildings malces allowances for signage if the entrance to a particular use in the principal building opens onto a side wall - the multiple occupancy sign standards do not. the wall sign areas allowed per tenant (100 square feet) are not utilized to the full extent on the front of the building. Should the excess square footage be allowed on the side walls? RECOMMENDATION Staff is supportive of the Autohaus proposal to upgrade the signage, but requests direction from the Commission and Council as to whether these variance requests are reasonable, whether the Sign Code needs modification, or whether the petitioner should be requested to submit revised plans which more closely adhere to the Sign Code requirements. Attachments: Zoning/Address/Topo Maps Site Plans Pylon/Ground Sign Elevations Pylon/Ground Sign to be Removed (photo) North Building Elevation with Proposed Signs East Building Elevations with Proposed Signs. West Building Elevations with Proposed Signs East/West Building Elevations with Proposed Signs Building Rendering with Canopies ,1 ~.[td~rLqY ~ Nz-,/~ ~VE4-~ !'-'-:----~ ~ ~J ' -- 42 NO AVE. N. OFFICE 4~ ST av E~ ~03 ~ SC.OOL . ~' AVE. N. I ~ ~ ~ · , ~ ~;~, ~l ~, ~ I TH AVE N. 3~Z~ ~/ ~1 ~ - BETHEL I CEMETERY , ~6~ AVE N 913.3 X 922. ? X 922.7 DODO 9 1.0 9~2.8 96.0 k 903.2 COUNTY ROAD - NO. g REUSE EXISTING STRUCTURE ADD RADIUS END SHROUDS 20'-0" ll.OII CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 96-02 Request: Request for Site & Building Plan Review/Approval for Building Addition Location: 7709 Winpark Drive PID No: 20-118-21-22-0002 Zoning: I- 1, Limited Industrial Petitioner: Taber Bushnell, Inc. Report Date: February 2, 1996 Meeting Date: February 6, 1996 BACKGROUND 1. The petitioner is requesting site and building plan review/approval for a building addition, pursuant to Section 4.039A of the New Hope Code of Ordinances. 2. Taber Bushnell, Inc. is proposing to construct a 27,616 square foot warehouse addition to the south side of their existing 54,500 square foot building. The addition would bring the total building size to 82,116 square feet. 3. Taber Bushnell is the leasee of the property and produces metal stampings for the automotive, computer and electronics industries. 4. With the addition, Taber Bushnell will provide jobs for 180-190 employees working on a three- shift operation. 5. The petitioner has stated that this addition will have an impact on their ability to grow in their business as well as provide an updated structure in the New Hope community. 6. Staff considers this a routine site and building plan review, as no variances or conditional use permits are required. The existing building and the addition meet the following setback requirements: Front yard (north) 50 feet Side yard (east/west) 20 feet Rear yard (south) 35 feet 7. The property is located in an I-1, Limited Industrial, Zoning District at the southwest comer of Winpark Drive. Surrounding land uses and zoning include I-1, Limited Industrial, to the north/south/west and 1-2, General Industrial, to the east. 8. The topography of the undeveloped south portion of the lot slopes steeply downhill 27 feet towards the street on the east side of the property. 9. No public hearing notice is required for a routine site and building plan review. Planning Case Report 96-02 2 February 2, 1996 ANALYSIS 1. Special requirements for all developments in the I-l, Limited Industrial, Zoning District include the following: A. Lot Coverage. Not more than forty percent of the lot, parcel or tract of land shall be covered in a Limited Industry District. B. Lot Area. In determining the minimum lot area requirement of one acre, the contiguous dedicated streets shall be excluded. C. Green Area. At least twenty percent of the lot, parcel or tract of land shall remain as a grass plot, including shrubbery, plantings or fencing, and shall be landscaped. Required minimum green area shouM be emphasized in the front and side yards abutting streets or residential property. The work "landscaped" means a controlled surface and grade and plantings to allow a smooth surface flow and being under continual maintenance for the preservation of scenic harmony. D. Parking Lots. The minimum setback for parking lots shall be twenty feet adjacent to a residential district and ten feet adjacent to a non-residential district. E. Parking Lot Screening. The parking lot in front of the building shall be screened from the street and from adjoining property in the residential district. F. Landscaping Plans. Detailed landscaping plans shall be submitted to City Council and approved before a building permit may be obtained. G. Design Standards - Curb Cuts. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering area. 2. The project data for this site/building is listed below: Lot Area: 203,000/4.66 acres Existing Building Area: 54,500 sf Office: 3,200 sf Manufacturing: 38,640 sf Warehouse: 12,660 sf Proposed Building Addition: 27,616 sf Total Building Area: 82,116 sf Manufacturing: 15,360 sf Office: 3,200 sf Warehouse: 12,256 sf Manufacturing: 54,000 sf Construction Type: II-N Warehouse: 24,916 sf Planning Case Report 96-02 3 February 2, 1996 Building to Lot Ratio: 40% Total Parking Required: 178 spaces Parking to Lot Ratio: 38% Office: 17 spaces Green Space to Lot Ratio: 22% Manufacturing: 139 spaces Warehouse: 22 spaces Total Parking Provided: 184 spaces 3. The lot coverage and green area ratios are met, as well as the parking requirements. 4. The City Department Heads reviewed the plans and the Design & Review Committee met with the petitioner on January 22nd and the following issues were discussed: parking spaces and number of employees/shifts, truck docks/traffic circulation/maneuverability, landscaping, snow storage, grading/drainage plans and retaining wall, building addition and exterior finish, lighting, roof-top equipment and refuse containers. Revised plans were submitted as a result of the meeting. 5. The revised plans include the following details. A. A snow storage area has been added to the site plan on the south side of the property and the owner indicated at Design & Review that snow would be hauled off of the site, if necessary. B. The trash/recycling area has been identified on the northwest side of the building and the area is screened by the front building wall. C. The existing bituminous on the west side of the building will remain and the new parking lot on the south will be new bituminous with B6/12 curb. D. Two new light standards are shown on the plan in the south parking lot for exterior lighting purposes. E. Traffic circulation signage and directional arrows have been added to the revised plans, as follows: 1. A "One Way Only - Do Not Enter" sign to be placed along north end of westerly drive aisle. 2. Painted direction arrows directing traffic to the north to be painted on westerly drive aisle for one-way traffic flow. 3. A "One Way Only" sign to be placed along south end of westerly drive aisle. 4. Two "Truck Entrance - One Way Only" signs to be installed on east curb cut near loading dock. 5. "Truck Exit Only" sign to be installed on most southerly east curb cut. Planning Case Report 96-02 4 February 2, 1996 F. Existing east curb cut to be closed and two new curb cuts on east to be installed. G. Fifty-foot turning radius for trucks is shown on plan. The width of the addition was reduced to address truck maneuverability concerns and the revised plans have been approved by the Building Official. H. The landscaping plan has been revised to show existing and new landscaping and species have been identified. Plantings include the following: Quantity_ Size Description 7 21fi" Green Ash 8 21/2" Norway Maple 17 6' Colorado Spruce 1 8' Austrian Pine 10 36" Red Twig Dogwood 12 //3 Jaclcman Potentilla 2 10-12 River Birch Clump 5 Existing Ash Existing Ash are shown in front of and on the east side of the existing building. New Green Ash will be planted on the north and east sides of the property near the boulevard. New Norway Maple will also be added on the north and east boulevards. New Colorado Spruce will be added to the northeast comer of the site along with an Austrian Pine and on the east side of the site to shield the truck loading area. Red Twig Dogwoods and Potentilla will be planted along the east side of the property, also near the new dock area. New Birch will be added in front of the building. Existing shrubs are shown in front of the building. Green areas around the new south parlcing lot will be sod. I. The elevations show that the exterior of the addition will be Break-Off Block painted to match the existing building. J. A new loading dock area will be located at the southeast comer of the building and will contain four (4) overhead doors with dock bumpers. K. Wall pack lighting is included on the new addition and is shown on the new elevations. Planning Case Report 96-02 5 February 2, 1996 L. A four-foot retaining wall. will be installed on the southwest portion of the property at the west end of the parking area. 6. The petitioner inadvertently omitted a plan note indicating that roof-top units would be color-clad to match the building color, but has indicated that they will match the building. 7. The City Engineer has reviewed the plans and his comments are as follows: We have reviewed the above referenced site improvements and recommend the following: The grade of the westerly parking lot is 8%, which exceeds the recommended 5 %. The steeper grade is proposed to minimize the retaining wall height from 6', as previously proposed, to 4' and reduce the amount of excavation. It is suggested if the cost advantage is substantial for an 8 % grade versus 5 %, the 8 % be allowed. · The construction of the retaining wall adjacent to the proposed addition (west side) will encroach on the adjacent property. In addition, the driveway width is narrow to allow parallel parking against the building and one-way traffic. It is suggested the adjacent property owner be contacted to determine if private easement can be acquired to improve the amount of space in this area if the proposed addition can't be narrowed. Another option would be not to allow parallel parking and move the retaining wall away from the property line. · The storm sewer connection must be reviewed with Public Works. Due to the soil types and ground water in this area, drain tile and fabric construction may be warranted in the new parking lot and adjacent to the retaining wall. · Bassett Creek Watershed recently adopted new water quality requirements. The project shall be reviewed by Bassett Creek Watershed and comply with their requirements. · A substantial amount of excess material is being moved off the site. The owner shall be responsible for keeping adjacent public streets clean of material from this site. · Erosion control shall comply with City standards and the Hennepin Soil Conservation District. 8. The petitioner has addressed the majority of issues raised by the Design & Review Committee. Planning Case Report 96-02 6 February 2, 1996 RECOMMENDATION Staff recommends approval of the site and building plan review/approval requested by Taber Bushnell for their building addition, subject to the following conditions: 1. All roof-top mechanical units be screened or painted to match building. 2. Compliance with the recommendations of the City Engineer, including: A. Storm sewer connection reviewed with Public Works. B. Geo-grid fabric construction adjacent to retaining wall. C. Bassett Creek Watershed Commission approval. D. Owner responsible for keeping adjacent public streets clean of material being moved off the site. E. Erosion control shall comply with City standards and the Hennepin Soil Conservation District. Attachments: Zoning/Address/Topo Maps Site Plan Project Data Floor Plan Building Elevations Structural Plan Landscape Plan Plant Key Grading/Drainage Plan Survey Building Official "Attachment A" Engineer's Comments Petitioner's Correspondence I-1 x 90C). 4 _ 90~ 9~5.8 PARK DRIVE x 900.7 z 907 5 X 907.9 919.4 W~ FILE: x,C.,D$1TE ~GNS (2 THUS~ LOT AREA: 20,3,000/4.66 ACRES EXIST. BLDG AREA: 54,500 S.F. ~' OFFICE: 3,200 S.F. c_.) MANUFACTURING' 38,640 S.F. WAREHOUSE: 12,660 S.F. PROPOSED BLDG. ADDITION: 27,616 S.F. MANUFACTURING' 15,360 S.F. WAREHOUSE: 12,256 S.F. CONSTRUCTION TYPE' II-N TOTAL BLDG. AREA: 82,116 S.F. OFFICE: 5,200 S.F. MANUFACTURING: ,.54,000 S.F. WAREHOUSE: 24,916 S.F. BLDG. TO LOT RATIO' 40% PARKING TO LOT RATIO: 58% GREEN SPACE TO LOT RATIO' 22% TOTAL PARKING REQUIRED' 178 SPACES OFFICE: 17 SPACES MANUFACTURING: 159 SPACES WAREHOUSE: 22 SPACES TOTAL PARKING PROVIDED: 184 SPACES TABER/BUSHNELL, INC. 7709 WINPARK DRIVE NE~ HOPE, , t ~,, ~. / [ TABER/BUSHNELL I,VC. 7709 W[NPARK DRIVE NEW HOPE, o.~ P~EL~MONARY ' ~ ' TABER/BUSHNELL, INC. ~- ~~,--'~~~~ ~ ~ 770~ ~INPARK DRIVE NE~ HOPE, ~N, ~ '~ WINPARK DRIVE PRELIMINARY MARTIN WOODY ARCHITEL~TS Associates, luo. ~-~,r ,, WINNETKAAVENUE (COUNTY ROAD NO. 156) ·, ~ { ~ ~l [1 { MARTIN WOODY ARCHITECTS ~ I I I Associates, Inc., { /~/ I ~ot,.~,.~t~"~ ~~~ ' ~-, TE': 'ALL-" TRUCKS .. 80NES]-RO0 ASSOCIATES ~6126361311 02/01/96 14:54 [~ '03/04 N0:0891 Otto G. a~nroo. P,~. ~wa~a A. S~tora, P~. MIc~J C. Ly~, P~, gn~ K. G~e,  M~ln L Sorv~, P.~ Rlch~ta ~. FQSL~. P.~ ~att J. Ar~, P.~. Uo~ j, genof~. ~,E, ~as E. ~yes, P.E. Jerry A. ~ur~n. PE. Mar~ A. Se~. P.E. K~t j. Eo~ G. S~K~I, P.E. MMk A. H~lon, P.E. O~y ~. Mo~fl, P.E Paul G. 5~ M. ~rlfn, C.P~.' MIAMI T. R~m~n, P.E. Pa~ J. Ga~, ~I.A. J~n P. ~tder, Engineers & Architects · ~n~or c~;,~e~t T~ K, Fle~ e,e. Oamel J, e~er~, ~.E. Oa, O. T~amas ~, A~n, A,LA, A, R*C~ SC~. P,E. Jeffrey J. ~erl~r. P.E. ~n~ C. ~g~, ~. ~lllg J, CaMeIL P~, Lee M, M~. P,E. Thom~ A. Syfka, ~.E Ma~ O. ~l~ ~.E. C~e; A, Erlc~s~ Fcb~ l,1996 ~'~'~ J' S~m~ P.E. ~S B. Jean, P.[ Leo M Paweisky ~1 MenlMI, F,E, L. ~lllp Gravel P~. Harl~ M. ~J P, ff~ P~, K~en L, ~lemerL PE, A~es M. Thom~ ~. Pet~s~, P.E. G~ O. ~afltl. P.E. J~e( F ~. ~rk McDonald cat? of New ~I Xyion Ave. N. New Ho~, ~ 55428 Re: T~r~ush~ell, ~c. Our Fi~e No. 34 Gan (96-01) ~ ~rk: We have reviewed thc above referenced site improvements and recommend the following: · The grade of the westerly parking lot is 8%, which exceeds the recommended 5%. The steeper grade is proposed to minimize the retaining wall height from 6', as previously proposed, to 4' and reduce the amount of excavation, h's suggested if the cost advantage is substantial for an 8% grade versus 5%, the 8% be allowed. · The construction of the retaining wail adjacent to the propo,',~d addition (west side) will encroach on the adjacent property. In addition, the driveway width is nm'row to allow pazallel parking against the building and one-way traffic. It's suggested the adjacent property owner be contacted to determine if private easement can be acquired to improve the amount of space in this area if the proposed addition can't be narrowed. Another option would be not to allow parallel parking and move the retaining wall away from the property lane. · The storm sewer connection muat be reviewed with public works. Due to the soil types and ground water in this area, drain tile and fabric construction may be warranted in the new paddng lot and adjacent to the retaining wall. · Bas~tt Creek Watershed recently adopted new water quality requirements. The project shall be reviewed by Bassett Creek Wate~hed and comply with their requiren~ents, · A substantial amount of excess material is being moved off the site, The owner shall bc rcsponsiblc for keeping adjacent public streets clean of material from this site. · Eroaion control shall comply with City standards and the Henncpin Soil Conservation District. 2335 '~Vest Highway 36 · St. Paul, MN 55113, ~"6~2-636:4600 ~ BONESTRO0 ASSOCIATES ~6126361311 02/01/96 14:54 ~'04/04 N0:089 Mr. Kirk McDonaM February I, 1996 Ci~. of New Hope Re: Taber/Bushnell, Inc. Page -2- ff you have any questions, please contact this office. Sincerely, BONESTRO0, ROSENE, ANDERI .IK & ASSOCIATES, INC. Mark A. Hanson MAH:pr .lanuary 4, 1995 Mr. Doug Sandstad City Of New Hope 4401 Xylon Av. N. New Hope, MN. 55428 Dear Mr. Sandstad: It was a pleasure meeting with you last week and we are very excited about the addition to · Taber Bushnell, Inc. Our total number of employees will be at a maximum of 180 to 190. We will require parking spots to accommodate these employees as we have multi-shifts and will be a three shift operation. Our truck traffic will be at about 8 to. 12 trucks per day. This addition will have an impact on our ability to grow in our business as well as provide an updated structure in the New Hope community. Thank you again for the time you spent with us. Sincerely, TABER BUSHNELL, INC. Jerry Hetland ' President & CEO ~-Vdb CC: Rick Will Benson Ch'th Precision Starnpings. Tools & Dies · Spotwelding · A~embly. Contract Man~f;icturing CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 95-20 Request: Ordinance No. 96-2, An Ordinance Amending the New Hope Zoning Code by Defining Understory and Overstory Trees and Modifying Landscaping Regulations for Semi-Public and Income Producing Property Location: PID No: Zoning: All Zoning Districts Petitioner: City of New Hope Report Date: February 2, 1996 Meeting Date: February 6, 1996 BACKGROUND 1. City staff and the Codes & Standards Committee are requesting formal consideration by the Planning Commission of the enclosed Ordinance Del'ming Understory and Overstory Trees and Modifying Landscaping Regulations for Semi-Public and Income Producing Property. The Commission discussed the ordinance informally at the January Planning Commission meeting and directed staff to proceed to publish a public hearing notice for formal consideration of the ordinance at this meeting. 2. At the January meeting, the Planning Commission recommended one minor revision to the ordinance regarding the definition of understory and overstory trees. This clarification was made by the City Attorney and the definitions now read as follows: Overstory_ - A tree with a normal mature height of 25 feet or more. Understor¥ - A plant with a normal mature height of less than 25 feet. 3. The idea for this ordinance originated this past spring/summer with the Citizen Advisory Commission. At the May 15, 1995 Citizen Advisory Commission meeting, a motion was unanimously passed to recommend to Council changes in City ordinances pertaining to trees. The following were their recommendations: A. Eliminate the list of suitable plant material from the ordinance 4.033(4)(b)(iv); B. Update the current list of trees prohibited on the public right of way and include reasons why these trees are on the list of ordinance 4.033(4)(b)(iii)(bb); C. Establish a list of trees prohibited on private property, including why the trees are on the list; D. Establish an ordinance to set up a hazardous tree program; and E. Establish a boulevard street tree maintenance program. The above recommendation came about after discussions with the City Forester over a two-month period. The City Council accepted these recommendations at the June 12th Council meeting and directed that the recommendations be reviewed/acted upon by the Planning Commission. Planning Case Report 95-20 2 February 2, 1996 4. In response to the above listed issues (5), the City Forester, City Attorney, City staff and Planning Consultant made the following recommendations: A. Eliminate the list of suitable plant material from the Ordinance, Section 4.033(4)(b)(iv). The current "suitable" plant material list found in the ordinance is limited and outdated. The listing of suitable plant material puts unnecessary limits upon landscape designers. There are many species of plants that are not listed within the list that are valuable trees and shrubs in the landscape. A planting design for semi-public and all income producing property currently required City approval (4.033(4)(b)) and a one-year guarantee (4.033(4)(b)(v)(ff))which is an adequate existing control measure for planting design within the City. Another control measure within the Zoning Ordinance is the listing of prohibited trees on the public right-of-way. A preferred tree list has been prepared for the residents of New Hope. This list is to be used for informational purposes and is a substitute for the list of suitable plant material removed from the ordinance. B. Update the current list of trees prohibited on the public right-of-way and include reasons why these trees are on the list of Section 4.033(4)(b)(ill)(bb). The existing list of prohibited right-of-way trees should include trees that can be problematic because of poor resistance to disease, excessive maintenance requirements, invasive rooting habit, cleanliness or litter problems, and trees that can have negative effect on surrounding properties. C. Establish a list of trees prohibited on private property, including why the trees are on the list. D. Establish an Ordinance to set up a hazardous tree oro_gram. The City staff determined that although there are certain trees that should not be allowed within the City, the City should not prohibit the installation of these trees on private land or establish an ordinance for hazardous trees. The listing of trees in the Zoning Ordinance may force the City to become involved in liability and enforcement problems that should not be a City issue. Rather than a list of prohibited trees, the City staff has prepared a list of trees that are preferred in the City of New Hope. The list would be available to residents and could be updated and reviewed periodically. Also shown on the list are those trees that are prohibited in the right-of-way. E. Establish a boulevard street tree maintenance pro_gram. These items are not a planning issue and should be addressed within the Public Works budget. Planning Case Report 95-20 3 February 2, 1996 5. Therefore, this ordinance amendment addresses items A and B of the Forester's recommendations. Further investigation of the other remaining issues may be discussed in more detail by the City Council and staff in 1996. 6. The Codes & Standards Committee discussed this ordinance amendment at several Committee meetings and the City Attorney has prepared the enclosed ordinance in response to the Forester's, Planning Consultant's and Committee's recommendations. 7. The attached legal notice was published in the official newspaper and the ordinance, which would be applicable to all zoning districts, would be effective upon publication after consideration and approval by the Commission and Council. ANALYSIS 1. The ordinance amendment would add new definitions for Overstory and Understory Trees to Section 4.02 of the ZOning Code, as follows: Section 1. Section 4.022(129A) "Trees, Understory/Overstory" of the New Hope City Code is hereby added to read as follows: (129A) Trees, Understory/Overstory. (a) Overstow - A tree with a normal mature height of 25 feet or more. (b) Understory - A plant with a normal mature height of less than 25 feet. 2. The ordinance amendment would eliminate the list of suitable plant materials on public right-of- ways, as follows: Section 2. Section 4.033(4)(b)(iii) "Types of suitable boulevard/street trees" of the New Hope City Code is hereby amended to read as follows: (iii) n-~ ...... _~ v ........... ~: ~..:.n~.~ Prohibited boulevard/street trees ......... Planning Case Report 95-20 4 February 2, 1996 3. The ordinance amendment would add and delete specific trees on the public right-of-way, as follows: (bb) The following trees are specifically prohibited within the public right: e,f way Abies sp. Fir species Acer negundo Box elder Acer saccharinum Silver maple Ginkgo biloba (female only) Ginkgo Picea sp. Spruce species Pinus sp. Pine species Populus alba (and varieties) White poplar :~"'~:~ c,~,.~ ....... Populus deltoides Eastern cottonwood Populus nigra 'Italica' Lombardy poplar Pseudotsuga sp. Douglasfir species Robina pseudoacacia Black locust Salix ~ species Willow Tsuga sp. Hemlock species Ulmus species (non-disease Elm resistant ~ Understory deciduous and coniferous trees and shrubs The reasons for the above recommendations are listed below. The following trees should be added to the list of those prohibited from the right-of-way. Ginkeo: Ginkgo Biloba {Female only). Although the female species of this plant is unlikely available, the odor that the female seed emits is very unpleasant and could effect the surrounding area. The male species is a wonderful street tree and should be utilized more often, but only named male cultivers of the plant should be allowed. Black Locust: Robinia Pseudoeacia. This species is inappropriate as a right-of-way tree because of its tendencies to develop into thickets as it freely seeds and develops shoots from roots. The following trees should be deleted from the list of prohibited trees in the right-of-way. Red Maple: Acer Rubrum. Although this tree can be affected by City conditions, it is otherwise a very suitable tree for right-of-way use. It should not be considered prohibited. Tree of Heaven: Ailanthus Altissima. Although this tree has little to no value as a street tree, it is not available frOm nurseries and should not be considered threatening to the City. Planning Case Report 95-20 5 February 2, 1996 Northern Catalpa: Catalpa Speciosa. This species is also generally unavailable. The City of New Hope has few known examples of this tree within the City limits and the unlikely addition of this plant material would not be negative to the City. Poplar: Populus (Varieties). Although there are several varieties of poplar that should not be allowed to be planted within the right-of-way, there are varieties that are not detrimental to use. The listing should include the species that are prohibited instead of grouping all of the varieties of Poplar together. The listing of trees that should not be allowed within the right-of-way include: Non-hybrid cottonwood species: Populus deltoides White poplar: Populus alba (and varieties) Lombardy poplar: Populus nigra 'Italics' The non-hybrid Cottonwood species and the White Poplar are trees that are very messy because of their "cotton" and weak wood. The Lombardy Poplar is a species that is easily diseased and has a very short life expectancy. Elm: Ulmus Varieties. There are several cultivers of Elm that have shown a great resistance to Dutch Elm Disease. The disease is the reason that the species is found on the list. All of the varieties should not be prohibited if there are some with disease resistance. The Planning Consultant and City Forester have recommended that trees specifically prohibited within the public right-of-way should include: Abies sp. Fir species Picea sp. Spruce species Pinus sp. Pine species Pseudotsuga sp. Douglasfn' species Tsuga sp. Hemlock species Understory Deciduous and Coniferous trees and shrubs 4. The ordinance amendment would also repeal and renumber the following sections: Section 3. Sections 4.033(4)(b)(iv) "Suitable Plant Material" through 4.033(4)(b)(iv)(gg) "Ground-Cover" of the New Hope City Code is hereby repealed in its entirety. Section 4. Section 4.033(4)(b)(v) "Design" of the New Hope City Code is hereby renumbered Section 4.033(4)(b)(iv). 5. In addition to the above stated ordinance amendment, staff is recommending that the Preferred Tree List, outlined below, be adopted and made available as a handout to New Hope residents and developers (including a mailing in the spring issue of the City Report): Planning Case Report 95-20 6 February 2, '1996 PREFERRED TREE LIST The following u'ee list has been compiled by the New Hope City Forester to aid residents in the selection of trees that are acceptable in the Civy of New Hope. There are a number of important considerations when selecting trees that include: · Hardiness Cleanliness/Litter Problems · Mature Size Rooting Habit · Salt Tolerance Maintenance Requirements · Pest Disease Resistance Soil Compatibility Based upon these considerations, the following plant materials are deemed suitable for planting in New Hope. Those trees recommended for planting within the public right-of-way are indicated with an "R" (R). Those trees prohibited from the right-of-way have the post script "P" (P). The planting of understory deciduous trees and coniferous trees (overstory and understory) are prohibited within the public right-of-way unless approval is given by the City Forester. The plant materials that have been noted with an asterisk (*) are identified as undesirable species. The lists are broken down into both overstory and understory deciduous and coniferous trees and their cultivars. OVERSTORY DECIDUOUS TREES Acer x freemanii - Freeman Maple Phellodendron species - Corktree R Acer platanoides - Norway Maple Populus deltoides "Siouxland" - Siouxland Poplar Acer rubrum - Red Maple Populus deltoides "Robusta" - Robusta Poplar P* Acer saccharinum - Silver Maple P* Populus species - Columnar Poplars Acer saccharum - Sugar Maple Populus tremuloides - Quaking Aspen R Aesculus glabra - Ohio Buckeye Prunus serotina - Black Cherry R Betula nigra - River Birch R Quercus alba - White Oak Betula papyrifera - Paper Birch R Quercus bicolor - Swamp White Oak P* Catalpa speciosa - Northern Catalpa R Quercus ellipsoidalis - Northern Pin Oak R Celtis occidentalis - Common Hackberry R Quercus macrocarpa - Bur Oak Fraxinus americana - White Ash Quercus palustris - Pin Oak Fraxinus nlgra - Black Ash R Quercus rubra - Red Oak R Fraxinus pennsylvania - Green Ash P* Robinia pseudoacacia - Black Locust R Ginkgo biloba - Ginkgo (Male only) P* Salix pentandra - Laurel Willow R Gelditsia triacanthos var. inermis - P* Salix species - Weeping Willow Thornless Honeylocust R Tilia americana - American Linden Gymnocladus diocia - Kentucky Coffeetree R Tilia cordata - Littleleaf Linden Larix species - Larch Ulmus hybrids - Hydrid Elms R Ostrya virginiana - Ironwood (Hophornbeam) Planning Case Report 95-20 7 February 2, 1996 UNDERSTORY DECIDUOUS TREES Acer ginnala o Amur Maple * Prunus armeniaca var. mandshurica - Amelanchier species - Serviceberry Apricot Carpinus caroliniana - Blue Beach * Pmnus maackii - Amur Chokecherry (American Hornbeam) Pmnus nigra "Princess Kay" - Princess · Cercis canadensis - Eastern Redbud Kay Plum Comus alternofolia - Pagoda Dogwood Pmnus "North Star" & "Meteor" - Sour Cherry Comus racemosa - Gray Dogwood Pmnus sargentii - Sargeant Cherry Crataegus cms-galli - Cockspur Hawthorn * Pmnus virginana "Canada Red" - · Elaeagnus angustifolia - Russian Olive Canada Red Chokecherry Euonymus alata - Burning Bush * Salix matsudana "Tortuosa" - Corkscrew Willow Maackia amurensis - Amur Maackia * Salix discolor, S. caprea - Pussy Willow Magnolia acuminata - Cucumbertree * Sorbus alnifolia - Korean Mountain Ash Magnolia * Sorbus aucuparia - European Mountain Ash Malus species - Crabapple Syringa reticulata - Japanese Tree Lilac Pmnus americana - American Wild Plum Viburnum lantana - Wayfaring Tree Viburnum Viburnum lentago - Nannyberry Viburnu OVERSTORY CONIFEROUS TREES Abies balsamea - Balsam Fir Pinus nigra - Austrian Pine Abies concolor - White Fir Pinus ponderosa - Ponderosa Pine Picea abies - Norway Spruce Pinus resinosa - Norway Pine Picea glauca - White Spruce Pinus strobus - Eastern White Pine Picea pungens - Colorado Spruce Pinus sylvestris - Scotch Pine Pinus cembra - Swiss Stone Pine Pseudotsuga menziesii - Douglasfir Pinus koraiensis - Korean Pine Tsuga canadensis - Canadian Hemlock UNDERSTORY CONIFEROUS TREES Juniperus chinesis - Chinese Upright Juniper Juniperus scopulorum - Rocky Mountain Juniper Junipems virginiana - Eastern Red Cedar Pinus mugo - Mugo Pine Thuja occidentalis - American Arborvitae Planning Case Report 95-20 8 February 2, 1996 RECOMMENDATION Staff and the Codes & Standards Committee recommend approval of the ordinance amendment and the Preferred Tree List. Attachmems: City Attorney 1/23 Correspondence Legal Notice and Proposed Ordinance City Attorney 12/27 Correspondence Planning Consultant 11/14 Report Building Official 10/25 Memo Planning Consultant 10/19 Report 6/12 Council Request City Code Excerpts: Landscaping April/May Citizen Advisory Commission Minutes CORRICK & SONDRALL, P.A. ST;VEN A. SONDR&LL ATTORNEYS AT LAW MICHAEL R. I.~FLEUR MARTIN P. MALECHA Edinburgh Executive Office Plaza W,LLIAMC. STRAIT 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 r~LEP,ONE FAX (S~2) January 23, 1996 Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Amendment to Tree Ordinance Our File No: 99.49602 Dear Kirk: In follow up to our January 18, 1996 telephone conversation please find enclosed a revised Ordinance No. 96-2 regulating trees in the City. Section 1 of the Ordinance was changed to define a tree less than 25 feet in height an understory tree. This makes the understory definition consistent with the overstory definition as pointed out by Chairman Sonsin at one of our recent Codes and Standards meet i ng. Contact me if you have any further questions or comments. Very truly yours, Steven A. Sondral] slt Enclosure cc: Va]erie Leone, City Clerk (w/enc) ORDINANCE NO. 96-2 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY DEFINING UNDERSTORY AND OVERSTORY TREES AND MODIFYING LANDSCAPING REGULATIONS FOR SEMI-PUBLIC AND INCOME PRODUCING PROPERTY The City Council of the City of New Hope ordains: Section 1. Section 4.022 (129A)"Trees, Understory/Overstory" of the New Hope Code is hereby added to read as follows: (129A) Trees, Understory/Overstory. (a) Overstory - A tree with a normal mature height of 25 feet or more. (b) Understory - A plant with a normal mature height of less than 25 feet. Section 2. Section 4.033 (4)(b)(iii) "Types of suitable boulevard/street trees" of the New Hope City Code is hereby amended to read as follows: (iii) TTP;; ~f :'~it---b]¢ Prohibited boulevard/street tree~. ~ o FEB-01-86 THU 16:69 P, 03/03 The followina trees are specifically prohibited within the public right:_ _, ~.~S SP. Fir species Acer negundo Bo× Elder Acer Saccharinum Silver Maple Ginkgo biloba (female Ginkgo only) Pice~ s~. ~ ' ~ Pine ~pecies pl ..... Populus elba (and White Po ar varieties} ~-'' Populus deltoldes Esstern Cottonwood Populus nigre 'Italics' Lomberd¥ Poplar PS~U.~Su.~a...SP., Douglas.~j r species Robina pseudoac~cia Black Locust Salix Yc~ species Willow Ts~.g.~.~D~ Hemlock U~mus sDec~es (non? E~m disease Understory deciduous and coniferous trees end__shrubs · ~ ~--~..- alt .--~-- ~ ..... , Section 3. Sections 4.033 (4)(b)(iv) "Suitable Plant M~terial" through 4.033 (4)(b)(i¥)(gg) "Ground-Cov. e..r" of the New Hope City CoUe is hereby repealed in its entirety, Section 4. Sectton 4.033 (4)(b)(v) "~esi~n" of the New Hope C~ty Code ~s hereby renumbered Section 4.033 (4)(b)(iv]. Section 5. Effective Date, This Ordinance shall be effective upon its p~ssage and publicst{on. D~ted the day of ._, 1996. Edw. J. Eriokson, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the day of , 1996. ) 3 rUE 1~:44 NOTIC5 OF PUBLIC HEARIN~ TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY AMENDING REQUIRED LANDSCAPING REGULATIONS .~tY ~!.New. Hope, Min~esot~ Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota, will meet on the 6th day of February, 199B, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of hoiaing a public ~earJng to consider the adoption of an ordinance ~mending the New Hope Zoning Code. Sai~ ordinance wi]3 have the affect of amending the New Hope code Dy aQding §4.02Z (129A) defining understory and over,tory trees ~nd amending §4.033(4) regulating types of permissible boulevard trees and other permi~slb~e plant materi~ for use in the City on private property. All persons interested are invited to appear at said has'ring for the purpose of being heard with respect to the zoning code amendment. Auxiliary aide for persons with di~abilitles are available upon request at least 96 hours in advance. Please contact the City Clerk to make arrangements (telephone 531-5117, TDD number S31-5109). Dated the 22nd day of January, 1996. s/ Valer~e J .... L.eone Va]erie J. Leone City Clerk (Published in the New Hope..-Go~den Valley Sun-P~st on the 24th day of January, 199~,) December 28, 1995 Mr. Kirk McDonald Management ASSistant City of New Hope 4401Xylon Avenue North New Hove, MN 55428 RE= Amendment to Tree Ordinance Our File No; 99.49602 Dear Kirk: In follow up to my December Z7~ 1995 letter please find enclosed an amended Ordinance NO. 98-2. This ordinance replaces the one [ faxed to you in my December 27, 1995 corresDondence. Basically, Section 2 of the ordinance has been modified to eliminate the provls~ons dea3ing with the City Forester's ability to ~etermtne when certain ~rohibited trees and shrubs may be D3anted on the Dubllc right-o?-way, The provision was defective in that it did not contain any guide]~nes for the City Forester to follow in making his determination when to a~prove oF not to a~Drove certain trees and shrubs for planting on the public right- of-way. As you know, th~s k~nd of absolute atscretion on the Dart of a C~¥ official could ~eeult ~n a zoning challenge on the lega) theory th&t tile city Forester's decision making process was arbitrary and caDr~c~ous. The City Planner agreed with th~s interpretation. To remedy th~s e~tuatfon~ we declded to eliminate the ~rov~sion giving the C~ty Forester the right to al)ow certatn ~rohib~ted plantfngs on the public right-of-ways &nd simply include those plantings ~n the overall 11st of prohlb~ted trees for planting on the right-of-way set out {~ the o d nance, Mr. Kirk McDonald December 28, 1995 Page 2 [f you have Shy questions or comments regarding this change, please do not hesitate to oont&¢t me. Very truly your-~, Steven A. $ondrall slt2 Enclosure cc: A1 Brixius, City Planner Northwest Associ. ated Consultants, Inc COMMUNITY PLANNING OESIGN · MARKET RESEARCH MEMORANDUM TO: Kirk McDonald FROM: Dan Sjordal/Alan Brixius DATE: 14November 1995 RE: New Hope - Changes to Tree Ordinance FILE NO: 131.00 - 95.26 Northwest Associated Consultants has received Doug Sandstad's comments/suggested refinements in relation to trees in the City's right-of-way (Exhibit A). The purpose of the proposed revisions of the Zoning Ordinance was to update the requirements/restrictions of the ordinances and to give the citizens of New Hope greater flexibility in the options of choosing plant material. The proposed format and requirements were determined in meetings between the New Hope City Forester and Northwest Associated Consultants. Per Doug Sandstad's comments: "Common men and women' may have some difficulty understanding all the specific scientific names or terminology of the individual plantings. However, it has been our experience that when landscaping, zoning or building code terms are not fully understood, the "common person' seeks advice, or definition rather than assuming the issue is fully understood. VVhen drafting any regulation, we attempt to use the most specific terminology available to reduce the variable interpretations or vagueness. The scientific names and terminology for landscape materials were utilized for the following reasons: 1. There can be different 'common names', but only one scientific name. The most specific terminology is utilized to avoid discretionary decision making. 2. The use of the scientific name gives a specific point of reference that may be researched with a botanical dictionary, a professional nurseryman, landscape architect or City forester. 5775 Wayzata Blvd.. Suite 555-St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 "Named Male Cuitivars of the Ginkqo" There are several named male cultivars of the Ginkgo. They include: "Autumn Gold" Ginkgo "Fairmont" Ginkgo "Fastigiata" Ginkgo "Lakeview" Ginkgo "Mayfield' Ginkgo "Pendula" Ginkgo "Santa Cruz" Ginkgo All of these are male species. When a Ginkgo is purchased as just a "Ginkgo" there is a chance that the tree could be a female. As stated in NAC's October 19, 1995 memorandum, the Female Ginkgo is undesirable because of its odorous seed. From "Manual of Woody Landscape Plants", Michael Dirt writes: The problem in determining the sex of Ginkgo is that they do not "fruit" until they are quite old (20 to 50 years). Always be leary when buying unnamed clones for this reason alone. E.H. Wilson, the great plant explorer, observed numerous trees in China, Japan and Korea and stated that there is no difference in habit between male and female plants... Although this may be confusing to "common men and women", the ordinance has been prepared for the welfare of the citizens of New Hope, in as simple and susinct manner as possible. The Ginkgo is a stately boulevard tree that can withstand City conditions. If, however, it is decided that the information is too difficult to understand, the Ginkgo can be completely removed from the list. "AItowitl~_ Certain Poolam on the Boulevard" . It is unclear by the memorandum whether Mr. Sandstad does not want to allow any poplars on the right-of-way, or whether Latin genus and species description may be to difficult for the general public to understand.. In practical terms; the ordinance allows for the planting of seedless Eastem Cottonwood and Aspens (Quaking and Bigtooth). Although these trees are not generally viewed as specimen trees, there are situations where the use of these trees would be appropriate and should not be removed from a list (see Exhibit B). When a planting plan is being reviewed by the Building Official or Forester, the appropriateness of this location of the tree should be considered. This pertains to Oaks and Maples as well as Aspens. 2 Removal of Conifers irl the Boulevard The proposed Section 4.033 (4) (bb) has.been worded to include conifers and understory deciduous and evergreens only if approved by the City Forester. The right-of-way can be more than the boulevard and in certain instances evergreens could be used effectively as a screen that does not effect site lines. During meetings between the City Forester and NAC, safety obstructions were of primary concern. It was determined that where there are relatively few instances when conifers and understOry deciduous plant material will be allowed within the right-of-way areas, but there are enough circumstances where it would be appropriate to allow for the possibility of such planting (see Exhibit B). pc: Doug Sandstad Tom Schuster Dan Donahue 3 Date: October 25, 1995 ~ To: Kirk McDonald /~ . From: Douglas Sandstad, Building Official & Zoning Administrator Subject: NAC REPORT ON ZONING ORDINANCE (TREE) CHANGES I have read the summary of various thoughts on tree regulations and suggest two refinements: * General Comment; City codes should be understandable by "common men & women". What are "named male cultivers of the Ginkgo" ? (p.3) The idea of allowing certain poplars on the boulevard may mislead the public and presumes that they acquire new trees with a latin genus & species name, rather than "common" name. * "Overstory/Understory" (p.4) I would recommend that no conifers be added to the list of approved boulevard plantings for safety-visibility reasons, alone ! Many instances exist where views are already obstructed on PRIVATE driveways for emerging vehicles and pedestrians. Allowing safety obstructions on PUBLIC land is not acceptable. {Curiously, I would recommend more plant'ing of conifers on private lands, away from driveways and sidewalks, in our new "New Hope Preferred Tree List".] cc: 'NAC~ Schuster file EXHIBIT A APPROPRIATE USE OF POPLAR AND CONIFER WITHIN CITY R.O.W. EXHIBIT B COMMUNITY LANNING ' DESIG MAR RESEARCH MEMORANDUM TO: New Hope Citizen Advisory Commission FROM: Dan Sjordal/Tom Schuster DATE: 19 October 1995 RE: New Hope - Zoning Ordinance - Trees PLANNING CASE NO: 95-20 NAC FILE NO: 131.00- 95-26 SUMMARY At the 15 May 1995 Citizen Advisory CommissiOn, a motion was unanimously passed to recommend to Council changes in City ordinances pertaining to trees. The following are their recommendations: A. Eliminate the list of suitable plant material from the ordinance, Section 4.033(4)(b)(iv). B. Update the current list of trees prohibited on the public right-of-way and include reasons why these trees are on the list of Section 4.033(4)(b)(iii)(bb). C. Establish a list of trees prohibited on private property, including why the trees are on the list. D. Establish an ordinance to set up a hazardous tree program. E. Establish a boulevard street tree maintenance program. The above items came about after discussions with the City Forester over a two month period. The topic originated from a resident's concern over a cottonwood tree planted in her neighbor's yard from which roots were beginning to grow into her yard. As it turned out, the neighbor cut down his tree so that the situation has resolved itself. The discussion 5775 Wayzata Blvd.-Suite 555, St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 then turned to trying to prevent such a situation in the future while encouraging the planting of long-lived, hardy species. Attached for reference: Exhibit A - Draft Ordinance Exhibit B - Preferred Tree List Draft RECOMMENDATION During the September 14th staff meeting and subsequent meetings on September 20 and 27 with Northwest Associated Consultants and Tom Schuster, City Forester of the City of New Hope, a review of the Citizens Advisory Commissions recommendations per Code were made: A. Eliminate the list of suitable plant material from the Ordinance, Section 4.033 (4) (b) iv. The current "suitable" plant material list found in the ordinance is limited and outdated. The listing of suitable plant material puts unnecessary limits upon landscape designers. There are many species of plants that are not listed within the list that are valuable trees and shrubs in the landscape. A planting design for semi-public and all income producing property currently requires City approval (4.033 (4) (b)) and a one year guarantee (4.033 (4) (b) (v) (ff')) which is an adequate existing control measure for planting design within the City. Another control measure within the Zoning Ordinance is the listing of prohibited trees on the public right-of-way. A preferred tree list has been prepared for the residents of New Hope. This list is to be used for informational purposes and is a substitute for the list of suitable plant material removed from the ordinance (see Exhibit B). B. Update the current list of trees prohibited on the public right-of-way and include reasons why these trees are on the list of Section 4.033 (4) (b) (iii) (bb). The existing list of prohibited right-of-way trees should include trees that can be problematic because of poor resistance to disease, excessive maintenance requirements, invasive rooting habit, cleanliness or litter problems, and trees that can have negative effect on surrounding properties. The following trees should be added to the list of those prohibited from the right-of-way. Ginkgo: Ginkgo Biloba (Female only). Although the female species of this plant is unlikely available, the odor that the female seed emits is very unpleasant and could effect the surrounding area. The male species is a wonderful street tree and should be utilized more often, but only named male cultivers of the plant should be allowed. Black Locust: Robinia Pseudoacacia. This species is inappropriate as a right-of- way tree because of its tendencies to develop into thickets as it freely seeds and develops shoots from roots. The following trees should be deleted from the list of prohibited trees in the right-of-way. Red Maole: Acer Rubrum. Although this tree can be effected by City conditions, it is otherwise a very suitable tree for right-of-way use. It should not be considered prohibited. Tree of Heaven: Ailanthus Altissima. Although this tree has little to no value as a street tree, it is not available from nurseries and should not be considered threatening to the City. Northern Catal_Da: Catal_~a SDeciosa. This species is also generally unavailable. The City of New Hope has few known examples of this tree within the City limits and the unlikely addition of this plant material would not be negative to the City. Poplar; PoDulus (Varieties.~. Although there are several varieties of poplar that should not be allowed to be planted within the right-of-way, there are varieties that are not detrimental to use. The listing should include the species that are prohibited instead of grouping all of the varieties of Popular together. The listing of trees that should not be allowed within the right-of-way include: Non-hybrid Cottonwood Species: Populus Deltoides White PQplar: Populus Alba (and varieties) Lombardy Poplar: Populus Nigra "Italics" The non-hybrid Cottonwood species and the White Poplar are trees that are very messy because of their "cotton" and weak wood. The Lombardy Poplar is a species that is easily diseased and has a very short life expectancy. Elm: Ulmus Varieties. There are several cultivers of Elm that have shown a great resistance to Dutch Elm Disease. The disease is the reason that the species is ~'~ found on the list. All of the varieties should not be prohibited if there are some with disease resistance. C. Establish a list of trees prohibited on private property, including why the trees are on the list. D. Establish an Ordinance to set up a hazardous tree program. The City staff determined that, although there are certain trees that should not be allowed within the City, the City should not prohibit the installation of these trees on private land or establish an ordinance for hazardous trees. The listing of trees in the Zoning Ordinance may force the City to become involved in liability and enforcement problems that should not be a City issue. Rather than a list of prohibited trees, the City staff has prepared a list of trees that are preferred in the City of New Hope (see Exhibit B). The list would be available to residents and could be updated and reviewed periodically. Also shown on the list are those trees that are prohibited in the right-of-way. E. Establish a boulevard street tree maintenance program. These items are not a planning issue and should be addressed within the Public Works budget. OverstorylUnderstory. Plantinqs Site lines and pedestrian safety concerns make it advisable to allow only deciduous overstory trees in the public right-of-way. There are some right-of-way instances where overstory coniferous and understory deciduous and coniferous trees and shrubs may be appropriate. The Zoning Ordinance should allow for this possibility in Section 4.033 (4) (b) (iii) (bb-cc). The following should be added to the Ordinance: bb. Trees specifically prohibited within the public right-of-way unless approval is given by the City Forester include: Abies sp. Fir Species Picea sp. Spruce Species Pinus sp. Pine Species Pseudotsuga sp. Douglasfir Species Tsuga sp. Hemlock Species Understory Deciduous and Coniferous trees cc. Coniferous and deciduous shrubs are specifically prohibited within the public right- of-way unless approval is given by the City Forester. Overstory/Understory Definition If the revisions listed above are made to the Zoning Ordinance, new definitions would be required under Section 4.02 for Overstory and Understory Trees. The following definitions should be added under the title: Trees, Overstory/Understory:: Oversto~_ . A tree with a normal mature height of 25 feet or more. Understo~_ . A plant with a normal mature height of 25 feet or less. CONCLUSION The recommended changes to the Zoning Ordinance are consistent with the recommendations of the New Hope Citizen Advisory Commission. We would recommend that the City forward the Draft Ordinance to the City Attorney to make the final changes required. PREFERRED TREE LIST DRAFT The following tree list has been compiled by the New Hope City Forester to aid residents in the selection of trees that are acceptable in the City of New Hope. There are a number of important considerations when selecting trees that include: · Hardiness Cleanliness/Litter Problems · Mature Size Rooting Habit · Salt Tolerance Maintenance Requirements · Pest Disease Resistance Soil Compatibility Based upon these considerations, the following plant materials are deemed suitable for planting in New Hope. Those trees recommended for planting within the public right-of- way are indicated with an "R" (R). Those trees prohibited from the right-of-way have the post script "P" (P). The planting of understory deciduous trees and coniferous trees (overstory and understory) are prohibited within the public right-of-way unless approval is given by the City Forester. The plant materials that have been noted with an asterisk (*) are identified as undesirable species. The lists are broken down into both overstory and understory deciduous and coniferous trees and their cultivars. OVERSTORY DECIDUOUS TREES Acer x freemanii - Freeman Maple R Acer platanoides - Norway Maple Acer rubrum - Red Maple P* Acer saccharinum - Silver Maple Acer saccharum - Sugar Maple R Aesculus glabra - Ohio Buckeye R Betula nigra - River Birch Betula papyrifera - Paper Birch P* Catalpa speciosa -Northem Catalpa R Celtis occidentalis - Common Hackberry Fraxinus americana - White Ash Fraxinus nigra - Black Ash R Fraxinus pennsylvania - Green Ash R Ginkgo biloba - Ginkgo (Male Only) R Gleditsia triacanthos var. inermis - Thomless Honeylocust Gymnocladus diocia - Kentucky Coffeetree Larix species - Larch R Ostrya virginiana - Ironwood (Hophornbeam) Phellodendron species - Corktree EEB-~l-I996 15:57 NAC 612 5~5 98J? P.OJ/Oa Populus deltoides "Siouxland" - $iouxland Poplar Populus deltoides "Robusta" - Robusta Poplar P* Populus species - Columnar Poplars Populus tremuloides - Quaking Aspen Prunus serotina * Black Cherry R Quercus aiba -White Oak R Quercus bicolor - Swamp White Oak R Quercus ellipsoidalis - Northern Pin Oak R Quercus macrocarpa - Bur Oak Quercus palustris - Pin Oak R Quercus rubra - Red Oak P* Robinia pseudoacacia - Black Locust P* Salix pentandra - Laurel Willow P* Salix species - Weeping Willow R Tilia americana - American Linden R Tilia cordata - Littleleaf Linden Ulmus hybrids - Hydrid Elms UNDERSTORY DECIDUOUS TREES Acer ginnala - Amur Maple Amelanchier species - Serviceberry Carpinus carolinians - Blue Beach (American Hornbeam) * Cercis canadensis - Eastern Redbud Comus altemofolia - Pagoda Dogwood Comus racemosa - Gray Dogwood Crataegus crus-galli - Cockspur Hawthom * Eiaeagnus angustifolia - Russian Olive Euonymus alata- Burning Bush Maackia amurensis - Amur Masckia Magnolia acuminata - Cucumbertree Magnolia Malus species - Crabapple Prunus americana - American Wild Plum * Prunus armeniaca var. mandshurica - Apricot * Prunus maackii - Amur Choke(sherry Prunus nigra "Princess Kay' - Princess Kay Plum Prunus ~North Star' and "Meteor' - Sour Cherry Prunus sargenti[ - Sargeant Cherry * Prunus virginana "Canada Red" - Canada Red Chokecherry * Salix matsudana "Tortuosa' - Corkscrew Willow * Salix disco]or, S. caprea - Pussy Willow * Sorbus alnifolia - Korean Mountain Ash * Sorbus aucuparia - European Mountain Ash Syringa reticulata - Japanese Tree Lilac ~r~ Viburnum lantana - Wayfaring Tree Viburnum Viburnum lentago - Nannyberry Vibumu OVERSTORY CONIFEROUS TREES Abies balsamea - Balsam Fir Abies concolor- White Fir Picea abies - Norway Spruce Picea glauca - White Spruce Picea pungens - Colorado Spruce Pinus cembra - Swiss Stone Pine Pinus koraiensis - Korean Pine Pinus nigra -Austrian Pine Pinus ponderosa - Ponderosa Pine Pinus resinosa - Norway Pine Pinus strobus -Eastem White Pine Pinus sylvestris - Scotch Pine Pseudotsuga menziesii - Douglasfir Tsuga canadensis - Canadian Hemlock UNDERSTORY CONIFEROUS TREES Juniperus Chinesis - Chinese Upright Juniper Juniperus scopulorum - Rocky Mountain Juniper Juniperus virginiana -Eastem Red Cedar Pinus mugo - Mugo Pine Thuja occidentalis - American Arborvitae CORRICK & SONDRALL. P.A. s~v~ A. SONORA~L ATTORNEYS AT LAW ~c~,E~,. ~u. Edinburgh Execu~ve Office Plaza MARTIN P. MALECHA w~cux~ c. s~.~; 8525 ~d[~bgook Crossing Su~t~ ~203 Brookl~ P~k, ~[~eso~ 55443 TE~PHONE (612) 4~S~1 FAX (612) 4~5~7 January 23, 1996 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Amendment to Tree Ordinance Our File No: 99.49602 Dear Kirk: In follow up to our January 18, 1996-telephone conversation please find enclosed a revised Ordinance No. 96-2 regulating trees in the City. Section 1 of the Ordinance was changed to define a tree less than 25 feet in height an understory tree. This makes the understory definition consistent with the overstory definition as Dointed out by Chairman Sonsin at one of our recent Codes and Standards meeting. Contact me if you have any further questions or comments. Very truly yours, Steven A. Sondrall slt Enclosure cc: Valerie Leone, City Clerk (w/eric) / " ~ COUNCIL REQUF~T FOR ACTION Originating Department Approved for Agenda , ~ Agenda Section unfinished ~ Parks and Recreation /~une 12, 1995 0rg. Business Item No. By: Shari French By:. 11.1 DISCUSSION OF ORDINANCE CHANGES PERTAINING TO TREES RECOMMENDED BY CITIZEN ADVISORY COMMISSION At the May 15, 1995 Citizen Advisory Commission, a motion was unanimously passed to recommend to Council changes in city ordinances pertaining to trees. The following is their recommendation: Eliminate the list of suitable plant material from the ordinance 4.033 (4) (b) (iv); Update the current list of trees prohibited on the public right of way and include reasons why these trees are on the list of ordinance 4.033 (4) (b) (iii) (bb); Establish a list of trees prohibited on private property, including why the trees are on the list; Establish an ordinance to set up a hazardous tree program; and Establish a boulevard street tree maintenance program. The above recommendation came about after discussions with the City Forester over a two month period. The topic orginated from a resident's concern over a cottonwood tree planted in her neighbor's yard from which roots were beginning to grow into her yard. As it turned out, the neighbor cut down his tree so that situation has resolved itself. The discussion then turned to trying to prevent such a situation in the future while encouraging the planting of long-lived, hardy species. Mo'rIoN BY_ SECOND BY Review: Administration: Finance: RFA-O01 4.033 <~) (~) ReauJred L~ndac&~n~ - Gener~l ~{d~n~l. The lo~ ar~ ~m&~ntng 07268~ 4'033 (4)~)(i)- (ii)'(dd~ o: :~ a=ove us~s shall be subJe¢~ The ~oun~ary or poin:s ad~oinin building ac poin=s of its placemenc on the site~ and the public boulevard areas ac points of interface w~=~ s:reets or sidewalk areas of the city. Ail lands:aping incorporated in a Landscape Plan shall conform =o =he following standards and criteria= (Code 0728841 (i) Minimum Plant Sizes. All plants must equal not less CAen =~e following minimum sizes: Po=Ced/ Balled/ 8are Root Burla~ped Shade Trees' 1 3/4' dia. 2" Russian Olive, Hawthorn etc.) Evergreen Trees -- 3-4 f~. Tall Shrubs and Hedge 3-~ f~. 3-4 f~. ma=ariel (evergreen or deciduous) Low Shrubs - deciduous 3 gallon 3 gallom evergreen 18-24 in. 24-30 inches spreading ported 18-24 inches Type and mode are dependent upon time of plsnting season, availability, and sits conditions (soils, clime:e, ground wa=er, man-made irrigation, grading, *~11 boulevard trees must he not less ~han 2 1/2 inches in caliper. (ii) Spacinq. (aa) T~eee shall hOC be placed closer Chart five feeC fF~ln the fence line or property line an~ shall hoc be plan~ed co coflflicc wich public planting. ~ (bb) #here plant ma=erials are plan=ed £n Cwo or more ::... rows, plantings shall be staggered in rows unless o=hervise approved by the City. (cc) Oec£duous boulevard trees shall be planted more (dd)Tree-like shrubs shall be planted ten (10) feec off cen=er. 072884 4.033 (4)(~)(ii)(ee) - (ee) Large deciduous shrubs shall be planted not mote chart five (5) ~eet on center. (fl) Narrow evergreens shall be planted not more than three (3) feet on center. Mass£ng of plants where screening is intended, large deciduous shrubs shall not be planted more than four feet on center, and/or, evergreen shrubs shall no= be plan=ed more than three feet on center. 4-23A TY~e$_o~_su£:~le_boulevard/s~ree~ ~ree~. The only way s~all be as ~olIows: Fraxinus pennsylvan£ca 'Pa:more. Fraxinus pennsylvan£¢a Linden: Tilia Cordata 'Greeflspire' Talin Co:data 'Redmond. Maple: Acer platanoides 'Norway' ' Acer platanoides 'Royal Acer Sacchsrum 'Sugar' Ouercus Nlustris 'Pin' Quercus Rubra 'Northern Red' ~.~e~ Trees specifically prohibited within the public right o~ way include: Box Elder Acer neg~ndo Acer Acer Saccharifl~ Silver Maple Ulmus (varieties) Elm Popul~s (varieties) Poplar (iflcl~ing Cottonwo~) Sills (varieties willow ~ilaflthus altissiu Tree o~ Heaven C,,,lpa,p,,io., North,rnC,,,l,, ~ai:able Plant Material. The ~ollo~ing plant ~terial ffi's perai~c~ ~or plan:trig ~cept on the public right- ed-yam vhere only the trees identified in S 4.033 i4)(~)liii) ~ ~ planCedz Evergreen ~our (4) o~ Trees. heigh: as tollo~ Abica Concolor Coneolor ~ White Fir Pin~igr~ A~crl~ Pine pinus Resinosi R~ Pine Pinus S~:o~us ~hi~e Pine Pinus Sylvescris Scotch Pine Pieea Glauca white Spruce Thu~a ~cideflcalis "Pyramidalis' Pyramidal ~:~rvitie ~ieea Pungens galu~a :olot~o Blue Spruce Piece ~liuca ~flsaca Black Hills Spruce (bb} Narrov ~er~reens ~tpe:us scopulo~m ~niperus virginiana pyramiialis Hilli Dundee J~niper 4-24 072684 4.0~3 (4)(l-)(iv)(%b) - (f~ Juniperu$ Chine$i$ Blue Colu~z chinese "~yram~dali~" Juniper ( Thuxa Oc:iden=alis Columnar G~an% ~rborv~:ae Taxus Cuspidata Japanese Yew Thuja Orion%ails Orion%al (SlOerian) Arbor Thuja Occidencali$ "Techny" Techny ~rborvicae Junperu$ Chine$i$ "Sou:hotly" Southerly Juniper (¢c) Spreading Everqree.s_ Juniperus Safina Savin Juniper Juniperu$ Chine$i$ "Maneyi" Maneyi Juniper Junipe~u~ Chines[s Pfi~ze= or Blue junipe=ous Safina Savin Juniper Juniperous ~e:zi He%z~ Juniper Juniperous Virginiana Silver Spreader Juniper Juniper Juniperus Morizon=alis "plu~sa" An4o~a Juni~e~ (44) Small Trees Malus (varieties Flowering Cra~apple ~urensis Japonica) Japanese Tree ~ilac Maple (Ace= Ginnala) Ginnala Maples ~hysoca~s Opu~i~oli~s "~ureus" Go~d~ead Nine~ar~ Vi~urn~ (Varie%ie~) Vibu~n~ Sy~inga (Varieties) ~ila~ Cocoeam~ec (Var levies ) CoConeas%e~ ~iqus~tum [Varieties ) privet ~hus (Varieties) SuMC HwM%is (Varieties) Wi~ch~aze~ philadelphus (Varieties) M~orange P~n~ tis%efta Purple ~a~ Che~7 Fraxinum peflnsyivaflica "Pa~ort" Ash Tilia Cordaca "Oreenspice" Linden Tilil Cocdaca "R~ofld" LinSen Acer pla:afloides "No~ay" Nap~e ~ce~ p~a~anoides "Roya~ ~e6" Maple Acer Saccha~um "Sugar" Maple O~ercus paluscris "Pin" Oak Quo=cum ~u~ra "No~chern Red" Oa~ 4-24A 072684 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH -'~ HENNEPIN COUNTY, MINNESOTA 55428 Citizen Advisory Commission April 17, 1995 Regular Meeting City Hall, 7:00 p.m. CALL TO ORDER The meeting was called to order by Chair Rubin at 7:00 p.m. Commissioner R~bin introduced Anthony Brown, the newly appointed member of the Citizen Advisory Commission to the Commissioners. ROLL CALL Present: Commissioners Brown, Collier, Devine, Farmer, Fluke, Rubin, and Shapiro. Absent: None. Staff Present: Ms. Shari French, Staff Liaison Tom Schuster, City Forester APPROVAL OF Motion was made by Commissioner Devine, seconded by Commissioner MINUTES Farmer, to approve the Regular Meeting minutes of March 20, 1995 with minor revisions to page four. USSION OF' Ellen Carlson, a New Hope resident for 17 years, addressed the COTTONWOOD TREES/ Commission. She expressed her concerns over her neighbor's cottonwood tree, which is planted on a five or six foot strip of land adjacent to her ~ .............. ~ ..... property. She is afraid the root system will take over her yard. She also does not consider it a safe tree, and is concerned because of its proximity to her house. Mrs. Carlson added that she spoke to someone at the Robbinsdale Parks Department who informed her that Robbinsdale residents are not permitted to plant cottonwood trees because they are considered unsafe. Commissioner Shapiro questioned whether there are any ordinances in the City of New Hope against planting certain trees or whether a permit is required prior to planting. Ms. French responded no. Tom Schuster, City Forester, stated New Hope City Code includes language that prohibits planting cottonwood trees on the boulevards or other public .. right-of-ways, but does not pertain to private property. He mentioned that he discussed this issue with his peers from the Cities of Eagan, Apple Valley, Crystal, and Plymouth. He stated that two of these communities have ordinances which prohibit the planting of non-hybrid (bearing cotton) cottonwood trees within city limits. He added that there is no ordinance against planting hybrid (bearing no cotton) cottonwood trees, but noted that they are considered weak trees. New Hope Citizen Advisory Commission . April 17, 1995 Page 1 Mrs. Carlson added that if cottonwood trees cannot be banned in the City of New Hope there should be a rule against having them so close to someone's house. Commissioner Shapiro asked about controlling the growth of the tree, Mr. Schuster responded that a tree is most healthy when it's allowed to maintain its normal growth. He added that pruning a cottonwood tree would rid the tree of branches that might be affected by the wind, yet allow the remaining branches to reach their normal adult size. Mrs. Carlson questioned whether there was an ordinance regarding branches extending over the roof of her house. Mr. Schuster replied that that is a legal question that he is not prepared to answer, but noted that in other cities a City Forester can identify a tree as hazardous and mandate its removal. He added that a branch extending over a residence is not considered hazardous, and until the tree becomes a problem, there's very little a City Forester can do. Commissioner Shapiro asked Mrs. Carlson if there were any power lines near her neighbor's tree. Mrs. Carlson responded that there were not, but noted it is close to her gasline. She added that she knew of an incident in Plymouth where the roots of a tree had invaded the foundation of a house. Commissioner Farmer suggested cutting the roots of the tree to contain the spread of the root system into Mrs. Carlson's yard. Mr. Schuster added that branches can be removed from the root system of a tree without harming the tree. He noted that there is a very minor loss of stability of the tree. Commissioner Devine asked Mrs. Carlson whether her neighbor understands her concerns. Mrs. Carlson responded yes. She added that she would like to see an article in the City Newsletter about being considerate when you plant. Commissioner Collier inquired as to whether the gas company would trim the roots of a tree if they're close to a gasline, just as the power company trims branches that are close to power lines. Mr. Schuster responded that he was not aware of any root pruning that had been done to prevent a tree from becoming a problem in a utility. Regarding overhanging branches, Mr. Schuster mentioned that Mrs. Carlson may be able to remove the portion of the tree that's over her yard, provided it does not harm the health of the tree. New Hope Citizen Advisory Commission April 17, 1995 Page 2 Commissioner Rubin c~uestioned whether any of the cities Mr. Schuster hacl communicated with had ordinances regarding planting distances from a property line, Mr. Schuster responded that he was not aware of any ordinances to that effect. He added that in Eagan cottonwood trees cannot be introduced to properties where they do not already exist, Commissioner Rubin inquired whether the City of New Hope has any ordinances restricting the planting of certain types of trees. Mr. Schuster stated that there is a list of seven prohibited trees from public right-of-way. All poplar trees, including cottonwoods, are on that list. Commissioner Rubin suggested thatthe Citizen Advisory Commission assist Mr. Schuster in reviewing current ordinances and providing the City Council with suggestions for revising those ordinances. Mr. Schuster responded favorably to that suggestion. Mr. Shapiro suggested that Mrs. Carlson contact Minnegasco regarding inspecting the roots in her yard. Commissioner Fluke asked Mrs. Carlson what her neighbor's reaction has been to this situation. Mrs. Carlson stated that last summer she expressed her concerns to her neighbor, but he did not respond. She added that her neighbor's wife denies the tree produces cotton, even though Mrs. Carlson saw it hanging from the tree. Mrs. Carlson showed pictures of her neighbor's tree and its proximity to her property. Commissioner Collier asked if it would be possible to have someone from the City check with Minnegasco to see what their policy is. Mr. SchUster agreed to check with Minnegasco. Commissioner Rubin again offered the suggestion that the Citizen Advisory Commission review current ordinances with Mr. Schuster and wondered if the City Attorney should be involved. Ms. French said that she would find out at what point the City Attorney would need to get involved. Commissioner Collier asked if there was an ordinance in New Hope that states that a tree must be planted a minimum of so many feet from a neighbor's property line. New Hope Citizen Advisory Commission April 17, 1995 Page 3 Mr. Schuster responded that in reviewing the ordinance several ~mes, he did not recall seeing language to that effect. Commissioner Collier thought it was an excellent suggestion to include an article in the City Newsletter. Commissioner Shapiro asked about submitting an article to the New Hope/Golden Valley Post Newspaper. Mr. Schuster agreed that it was a good idea. He added that he and Crystal City Forester, Marcia Holmberg would like to work with Cable TV to put together a monthly program on tree care tips. Commissioner Brown asked whether there would be the same problem if the cottonwood tree is removed and replaced with another tree. Mr. Schuster responded that a characteristic of the bottomland species is a root system which grows close to the surface. He added that to avoid this problem would require avoiding eastern cottonwoods, the willow species, and silver maples. DISCUSSION OF PARK Fred Tunks, a New Hope resident, addressed the Commission. He MAINTENANCE expressed his concern over the lack of maintenance given to the plants along 42nd Avenue. He also stated that he would like to see some type of shrubbery, such as lilacs or honeysuckle, placed around the satellites at Northwood Park to make them less visible. Ha also mentioned that he had heard a rumor that the path at Northwood Park was going to be lighted. In closing, Mr. Tunks added that he would like to sea a stairway built i leading up to Winnetka Avenue from Northwood Park. Ms. French informed the Commission that the shrubbery along 42nd Avenue was planted approximately 1987, and was supposed to have been maintained by the property owners, but that did not always happen. Mr. Schuster stated that Ardel Industries, which is located on the north side of 42nd Avenue just west of the railroad tracks, had previously requested that no shrubbery be planted in front of their building. He noted that the property on the south side of 42nd Avenue between Nevada Avenue and the railroad track~ was not originally included in the project, but was later added. The landscape contractor agreed to maintain it as well. He stated that the plants there are surrounded by a bed of mulch that's full of weeds and debris. Mr. Schuster stated that the City's plan is to clean up the planting bed on the south side of 42nd Avenue. A contractor will be responsible for the maintenance on all the plantings. He added that the City hopes to do the same thing in front of Ardel Industries, but it will depend on the new occupants. Mr. Schuster stated that there are ten . planters beside the bus benches along 42nd Avenue. This spring the City plans to plant annual flowers and assign the seasonal park personnel the responsibility of maintaining those flowers. He added that the maintenance of all new plants installed last year is still the responsibility of the contractor who installed them. New Hope Citizen Advisory Commission April 17, 1995 Page 4 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 Citizen Advisory Commission May 15, 1995 Regular Meeting City Hall, 7:00 CALL TO ORDER The meeting was called to order by Chai~ Rubin at 7:02 p.m. ROLL CALL Present: Commissioners Brown, Collier, Devine, Rubin, and Shapiro. Absent: Commissioners Farmer and Fluke (both excused). Staff Present: Ms. Shari French, Staff Liaison Tom Schuster, City Forester Commissioner Rubin informed the Commissioners that Commissioner Fluke is moving to P~ymouth and is resigning from the Citizen Advisory Commission. APPROVAL OF MINUTES Motion was made by CommiSsioner Collier, seconded by Commissioner Shapiro, to approve the revised Regular Meeting minutes of March 20, 1995. Voting in favor: Commissioners Brown, Collier, Devine, Rubin, and Shapiro. Opposed: None, Motion carried. Motion was made by Commissioner Collier, seconded by Commissioner Shapiro, to approve the Regular Meeting minutes of April 17, 1995 as //"~DISC ...... "--~..~ritl:en. All present voted in favor. Motion carried. USSlON OF TREES AND Tom Schuster, City Forester, stated that ha would like to see all information %.....SHRUBS on tre/es combined into one section of the City code. He stated that he Js i. i. i. i. i. i. i. i. i. i.i.i.i.~te~sted in re-categorizing the different species of trees, but would find ...... ~ it difficult to prohibit certain trees. Commissioner Collier stated that he is concerned that there are no restrictions on planting proximity to a property line, and suggested planting shrubs, rather than trees, when planting close to a property line. Commissioner Rubin added that he would like to see some guidelines which would apply to future planting. Mr. Schuster stated that it may be a good idea to set up special parameters near property lines for trees with a wide-spreading root system. These would include silver maple, box elder, cottonwood and willow. He added that he advocates a regular tree maintenance program for trees along the boulevards. He feels that pruning should be handled contractually or with city crews to ensure uniformity. Commissioner Rubin questioned whether this issue has been addressed with city staff or the council in the past. New Hope Citizen Advisory Commission May 15, 1995 Page 1 Mr. Schuster responded that he has discussed the matter with the PutDhc Works Superintendent, but has not formally addressed the City Ccuncd or staff. Commissioner Devine asked if many cities used this type of tree maintenance program. Mr. Schuster answered that he thought so. Commissioner Rubin asked about the costs of such a project. Mr. Schuster responded that he has seen the contract the City of CrYstal sent to potential bidders. He believes they are budgeting $15,000-20,000 per year for this project. Commissioner Rubin inquired as to whether the contract included areas around sidewalks, Mr. Schuster answered that he believes it does. He reminded the Commissioners that this contract pertains to boulevard and trail trees, and does not address backyard trees (as in Mrs. Carlson's situation). Commissioner Collier added that it would be good to have these ordinances for situations in which problems cannot be resolved on a neighborly basis. Commissioner Shapiro informed the Commissioners of his situation with his neighbor's Russian olive tree, which hangs mostly over his yard. He added that sometimes a mutual agreement cannot be reached, and additional steps must be taken, including pruning or removing the tree at your own expense. Commissioner Rubin asked Mr. Schuster how the Russian olive is categorized. Mr. Schuster responded that some people consider the Russian olive a nuisance tree, while others think it's beautiful. He noted the City code doea not include language that describes a hazardous tree situation, or requires removal. If there were an ordinance, trees that are defective could be condemned. He added that the Department of Natural Resources has a booklet describing the different types of tree defects. Commissioner Collier questioned whether other cities have guidelines outlining the characteristics of a hazardous tree. Mr. Schuster informed the Commission that a well-documented procedure would be followed. He explained that in New Hope, because there is not an ordinance pertaining to hazardous trees, he would write a letter to the New Hope Citizen Advisory Commission May 15, 1995 Page 2 property owner advising them of a hazardous tree situation and recommend a plan of action to make the tree safe again (pruning/removal). He adde~ that the letter serves to notify the property owner that he/she is responsible for any damage caused by not correcting the defect. Commissioner Rubin stated that he would like to see an ordinance which includes a deadline for removal of a hazardous tree once it has been condemned by the City. Mr. Schuster replied that he thought it was a good idea. He suggested a 20-day time limit, which ia what is allowed for a diseased elm. He added that if a tree is identified as being a hazardous tree, the entire cost of removing that tree would be the responsibility of the property owner. Trimming roots would be done at the expense of the person who wants them trimmed, since shallow roots are not considered a hazard. Mr. Schuster stated that he did check with Minnegasco, and was informed that they never do root pruning on trees. He informed the Commissioners that in Eagan, Williams Bros. Pipeline cut down trees within their easement as a preventative measure to ensure the root systems would not rupture the nearby pipeline, should the trees topple. Commissioner Rubin asked Mr. Schuster whether any agencies list or define nuisance trees. Mr. Schuster explained that literature is available from different sources, including the University of Minnesota and Northern States Power. He added that trees that are usually found on I~rohibited tree lists include female ginkgos, box elders, eastern cottonwoods, and non-disease resistant elm trees. Ms. French questioned whether those lists pertained to private property as well as public. Mr. Schuster responded that in the City of New Hope it's only on public property, but some cities have the same list for private property. Commissioner Rubin asked if it would be appropriate for the Citizen Advisory Commission to address prohibiting certain trees from the public right-of-way. Mr. Schuster stated that if s prohibited tree list were produced, it should be consistent with the lists of the surrounding cities. Commissioner Collier wondered whether Mr. Schuster knew if the cities of Robbinsdale, Golden Valley, Crystal, or Plymouth had a prohibited tree list for public and private property. Mr. Schuster responded that the City of Crystal has a list of trees prohibited from both public and private property. He added that he did not know how long their list had been enacted. New Citizen Advisory Commission May 15, 1995 Hope Page 3 M~. Schuster mentioned that some public property sites may be best suited for a cottonwood tree or a maple tree. He cited a wetland area as an example. Commissioner Collier added that all existing trees should remain in place, should an ordinance be placed into effect. Commissioner Brown stated that he beiieves people sometimes plant a poorly suited tree because they do not fully understand the characteristics of that tree when they plant. He cited Mrs. Carlson's neighbor as an example. Commissioner Rubin asked Mr. Schuster if area nurseries would work with the City to make sure they wouldn't sell prohibited trees. Mr. Schuster felt the nurseries would cooperate. He added that they must also comply with Department of Agriculture restrictions. Commissioner Shapiro asked if the City newsletter offered residents a phone number they could call regarding planting trees on private property. Mr. Schuster mentioned that it ia a good idea, but added that it's difficult to get people to read the articles. He stated that some cities require the homeowner to obtain a permit to plant along the boulevard. The tree would then become the responsibility of the homeowner. He noted that this gives the City some control in what's planted along the boulevard. Me. French stated that Plymouth does not allow trees along the boulevard. She asked what action would be taken if a tree were planted on the boulevard, regardless of the ordinance. Mr. Schuster responded that unless someone complained, it may not even be noticed. He added that if a tree is noticed in a prohibited area, the homeowner would be encouraged to transplant it. He informed the Commissioners that on many streets in New Hope the boulevard is defined aa property 15 feet in front of a home. Commissioner Devine referred to the City Ordinance and asked if the list of tress on page 4-24 (Box Elder, Red Maple, Silver Maple, Elm, Poplar, Willow, Tree of Heaven, Northern Catalpa) are specifically prohibited. Mr. Schuster confirmed that they were, and added that they are only prohibited on public right of way, which would not include parks, outlots or easements. MOTION Commissioner DevinJ made a motion to revise the ordinance to include prohibiting the above-mentioned trees on private property. Commissioner Rubin suggsst, ed that the Commissioners come to an agreement on which points they would like to address, then present an itemized list of recommendations to the City Council. New Hope Citizen Advisory Commission May 15, 1995 Page d, Commissioner Devine withdrew his motion. Commissioner Collier stated that he would like to see some type of hazardous tree ordinance to protect a homeowner from a neighbor's tree that appears so unstable it may fall on their house. He is concerned that action does not have to be taken until the tree actually causes damage. Ms. French mentioned that perhaps the Building Official may be able to get involved in a hazardous tree situation. Commissioner Rubin stated that he has three items that he would like to see addressed to the City Council. They include hazardous trees, prohibited trees (expanding to include the private sector), and either city or contractual maintenance of the boulevard area. He asked the Commissioners if they had anything to add. Commissioner Brown expressed concern that a resident may use a hazardous tree ordinance to get even with their neighbor for an incident not specifically related to the tree. Mr. Schuster stated that the parameters for hazardous tree designation are clearly defined, so if a tree is inspected and is not unstable, no action is warranted. Commissioner Shapiro stated that the prohibited tree list has to be clearly defined, possibly including an explanation as to why these trees aren't allowed. Commissioner Rubin questioned whether the City of Crystal's list of prohibited trees for both public and private property is the same as New Hope's list. Mr. Schuster responded that in the City of Crystal, not more than 50% of the required number of trees must be composed of one species. He added that the following trees are prohibited: Non-resistant elm trees, box elder, all poplar trees, end the female ginkgo. He noted that it does not mention maple tress. Commissioner Collier wondered if New Hope's list had to be exactly the same aa Crystal's. Commissioner Devine inquired about maple trees. Mr. Schuster explained that silver maples are shallow-rooted and considerably weak. He stated that hard maples like sugar maples have deep roots and strong branches. He added that the box elder is a member of the maple family. ' Commissioner Devine questioned why the red maple is prohibited on public right of way in New Hope. New Hope Citizen Advisory Commission Mav 15, 1995 Page 5 Mr. Schuster responded that he could not understand why red maple ~s on the list. Commissioner Shapiro suggested asking Mr. Schuster to make a recommendation to us of which trees he considers appropriate or not appropriate. Commissioner Rubin suggested the Commissioners recommend modifications to the prohibited tree list. He added that he sees no reason why the red maple should be prohibited from public property. Mr. Schuster noted that trees and shrubs are listed by species with common and scientific names, He suggested that the only plants that would be listed by species would be the ones you cannot plant. Commissioner Rubin agreed and suggested the section on "suitable plant materials" be eliminated from the ordinance in its recommendation to Council. Commissioner Collier suggested the ordinance include separate lists of prohibited trees, one list for public property and the other for private property. Ms. French asked if certain species of allowable trees become dated in an ordinance. Mr. Schuster responded yes. He stated that nurseries are now suggesting native species, such as oak. He suggested creating a list of "performance specifications' for boulevard trees. He cited tree height or smaller fruit as some desirable qualifications. He mentioned the importance of explaining to the public why certain trees are more desirable than others. Commissioner Rubin asked Mr. Schuster if there were any other issues he would like to see the Commission address for Council. Mr. Schuster responded that of the three issues that were discussed, he would most like to see the issue of boulevard tree maintenance addressed. He added that e regular maintenance program would allow the City to take a proactive approach to maintenance. Commissioner Rubin questioned whether it would be appropriate for the Citizen Advisory Commission to make specific recommendations on types of troee in its recommendation to the City Council. Ms. French responded that the City Council would probably address that issue with the experts on staff, as in the past. Mr. Schuster added that he likes the idea of eliminating the section on suitable plant material and concentrating on the prohibited tree list instead. Commissioner Rubin asked if thero was any further discussion regarding this matter. New Hope Citizen Advisory Commission May 15, 1995 Page 6 MOTION A motion was made by Commissioner Collier to recommend to the City Council the following changes in the city ordinances pertaining to trees: Eliminate the list of suitable plant material from the ordinance {4.033) (iv); update the current list of trees prohibited on the public right of way and include reasons why these trees are on the list (4.033) (4) {b) (iii) establish a list of trees prohibited on private property, including why the trees are on the list; establish an ordinance to set up a hazardous tree program; and establish a boulevard street tree maintenance program. Commissioner Shapiro seconded the motion. Voting in favor: All. Opposed: None. Motion carried. PARK REPORTS Commissioner Rubin asked Ms. French why a portion of concrete near the play area was being removed at Jaycee Park. Ms. French responded that the inspector found something that needed correcting by the contractor. Ms. French informed the Commissioners that Begin Park's tennis and basketball courts will be remodeled this year, with completion by September first. Commissioner Collier inquired if the cement under the shelter was scheduled for improvement. Mr. Schuster responded that the shelter will be removed, along with the bituminous underneath it. Commissioner Collier asked if the horseshoe pits at Begin Park will be removed. Me. French replied that they will stay. OTHER BUSINESS Commissioner Rubin stated that he noticed a sinkhole on 49th Avenue between Flag Avenue and Erickson Drive. He mentioned that it is adjacent to the sidewalk and the sewer, and was concerned that someone could easily fall. Mr. Schuster stated that he would have someone from streets maintenance check it. Commissioner Rubin informed the Commissioners that he received one copy of the final draf/of the Transportation Plan. He noted that there will not be any officially designated bike trails within the City of New Hope. Ma. French stated that the cost estimate is approximately $600,000 to develop bike trails. Commissioner Rubin mentioned that he would like to see bike lanes adapted aa a lower cost alternative to bike trails. He added that he would like to see the City Council address this issue. New Hope Citizen Advisory Commission May 15, 1995 Page 7 CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 95-21 Request: Ordinance No. 96-04,An Ordinance Reclassifying Various Conditional Uses as Permitted Uses Within the B-i, B-2, B-3 and B-4 Zoning Districts Location: PID No: Zoning: B-i, B-2, B-3 & B-4 Business Districts Petitioner: City of New Hope Report Date: February 2, 1996 Meeting Date: February 6, 1996 BACKGROUND 1. City staff and the Codes & Standards Committee are requesting formal consideration by the Planning Commission of the enclosed Ordinance Reclassifying Various Conditional Uses as Permitted Uses Within the B-i, B-2, B-3 and B-4 Zoning Districts. The Commission discussed this ordinance informally at the January Planning Commission meeting and directed staff to proceed to publish a public hearing notice for formal consideration of the ordinance at this meeting. 2. Since the January meeting, the Planner has submitted a revised matrix and also pointed out some other inconsistencies in the attached January 26th memo. Staff, the City Attorney and Planner have discussed these issues and the City Attorney has prepared the enclosed correspondence and a revised ordinance to address the inconsistencies. The changes are outlined under the ANALYSIS section of the report. 3. The idea for this ordinance originated this past summer when the. City Manager gave administrative approval for a dance studio to operate in the Post Haste Shopping Center. "Dance studios" are not specifically identified in the Definition section of the Zoning Code and routinely "commercial recreational uses" require a conditional use permit. Staff recommended that the City review our standards for some of these uses, as a dance studio seems to be a reasonable use for a shopping center. Why is it that some reasonable uses, such as a karate school or cafe, require a CUP while other more complicated uses, such as tattoo parlors, are a permitted use? It was staff's opinion that some uses that currently require a CUP should be allowed as permitted uses and not be required to go through the CUP process. While it is not staff's intent to bypass the Commission or City Council with planning/zoning applications, staff would like to streamline the process so that uses that do not have a negative impact on surrounding properties and are clearly a reasonable use in the Business Zoning Districts are not required to go through the conditional use permit application process. Planning Case Report 95-21 2 January 2, 1996 4.The Planning Consultant conducted a review of the various conditional uses within the City's commercial zoning districts to determine whether certain uses would be more appropriately classified as permitted uses within their respective districts. Based on past experience, question has arisen as to the need to process certain uses via a conditional use permit, particularly in cases where such uses occupy existing structures (i.e., within shopping center). Additionally, the report gives specific attention to the regulation of "commercial recreational" uses within the City's B-4, Community Business District. 5. The Planning Consultant reiterated the purpose of the conditional use permit, as follows: Purpose of Conditional Use Permit Process. According to Section 4.211 of the Zoning Ordinance, the purpose of a conditional use permit is to: "Provide the City with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of the 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." It should be recognized that the CUP process and its need is directly related to the purpose of the City's various zoning districts and a use's appropriateness within such framework. Basically, conditional uses are uses which are appropriate within the base zoning district provided certain additional conditions are imposed to insure compatibility. 6. The consultant further outlined the purpose of each of the commercial zoning districts, the permitted and conditional uses allowed in each district, and inconsistencies between various uses/districts. The conclusion of the analysis was that a number of conditional uses in the City's various commercial zoning districts could be appropriately classified as permitted uses and the intention of the amendment is to clean up the uses allowed in each district, eliminate duplication and overlapping of certain uses, and generally make the ordinance easier to understand. ANALYSIS 1. Subsequent to the January meeting, the Planner raised the following issues and these issues have been addressed in the revised ordinance as follows: A. Memo Item #7 Number 55 from the previous matrix was eliminated (Dry Cleaning including plant accessory heretofore, pressing and repairing), as it is listed under number 7 (Cleaning. Laundry and dry cleaning provided the process used meets the requirements of the Fire Prevention Code for use in buildings with other occupancies). Planning Case Report 95-21 3 January 2, 1996 Response to Memo Item 7 Staff decided to eliminate "cleaning" from the permitted uses in a B-2 Zoning District under Code §4.112. Staff determined that "cleaning" is already a permitted use in the B-1 District and therefore rolls over as a permitted use in the B-2 District. As a result, its reference in the B-2 District is not necessary. In Section 4 of the enclosed Ordinance, the Commission will see the repeal of this reference in the B-2 District. B. Memo Item #8 The City allows for grocery stores that are less than 21,500 square feet in size. However, under current City regulations, grocery stores larger than 21,500 square feet in size are not identified in any zoning district. The City may wish to consider adding a provision to allow larger grocery stores in the B-4 Zoning District. Response to Memo Item #8 Staff decided it did not make sense to limit the floor space of grocery stores and supermarkets in either the B-2 or B-4 District. Staff decided to amend the reference to "food" in the B-2 District by eliminating the floor space restriction. Therefore, based on the roll-over provision of the Code, the floor space restriction will not apply in the B-4 District as well. Staff decided the lot sizes of the various properties in the referenced districts would actually control the floor space of such facilities and, therefore, a specific reference limiting floor space is not required. In Section 4 of the Ordinance, enclosed the Commission will find the amendment dealing with this issue. C. Memo Item #15 The proposed ordinance does not eliminate Copy and Printing Service from being both a permitted and conditionally permitted use in the B-2 District. Response to Memo Item #15 The enclosed Ordinance now eliminates "copy and printing service" as a conditional use in the B-2 Zoning District. Refer to Section 6 of the enclosed Ordinance. It repeals the "offset printing and copy service" reference. Staff concluded this is the same use as referenced in §4.132 of the Code under subsection (9). Since §4.132(9) is not marked with an asterisk, it also becomes a permitted use in the B-2 District pursuant to Code §4.112(5). D. Memo Item #25 Insurance Sales offices would also fall under the category Professional and Commercial Offices, therefore, the reference has been added to the matrix. Response to Memo Item #25 Staff decided to eliminate the reference to "insurance sales" since it would fall under the same category as "professional and commercial offices". Section 9 of the enclosed Ordinance repeals the reference to "insurance sales", and staff will now rely on the reference to "professional and commercial offices" in the B-2 District to permit insurance sales in both the B-2 District and the B4 District. E. Memo Item #37a Drive-Through Service Windows have been added to the matrix per the proposed ordinance. All uses with drive-through facilities are proposed to be a conditionally permitted use within the B-3 and B-4 Zoning Districts. Planning Case. Report 95-21 4 January 2, 1996 Response to Memo Item #37a Staffdecided that "drive-throughservice windows" should be listed as a conditional use in all commercial zoning districts. As a result, the reference to this use as a conditional use in the B-1 Zoning District has been added. This reference can be found in Section 2 of the enclosed Ordinance. With the inclusion of this reference in the B-1 Zoning District, all permitted uses or conditional uses in all commercial zoning districts that include a drive-through service window will be required to obtain a conditional use permit for the drive-through service window. In other words, this is the broadest application possible for drive-through service windows thereby providing the Commission with the desired effect relative to this use. F. Memo Item #58 The consultant raised the issue of the purpose of number 58 (Floor Space Limited). Specifically, how does the City administer a regulation of an "accessory use not to exceed 30% of the gross floor area of the principal use". Response to Memo Item #58 Staff determined that the reference to "floor space limited" actually dealt with accessory buildings. As a result, Section 3 of the enclosed Ordinance amends §4.103(1) dealing with "floor space limited" by changing the reference to accessory building. G. Memo Item #64 Number 15 (Commercial and Professional Offices) from the previous matrix was eliminated, as it was listed twice within the matrix (previous #67 Professional and Commercial Offices). Again, note that the proposed ordinance establishes this use as a "permitted use" in the B-1 District rather than "conditionally permitted use". Memo Item #84 Please note that the City Code allows Commercial Recreational Facilities as a permitted use within the B-3 Zoning District. If the City does not wish to allow these types of uses within the B-3 District, it should repeal Section 4.122(3) of the City Code, that allows Commercial Recreational Uses. Response to Memo Items #64 & #84 The issues raised by these items did not result in any changes to the enclosed Ordinance. #64 is an informational reference, and #84 was dealt with by the pool hall amendment adopted last year as Ordinance No. 95-03. The City did repeal commercial recreational uses as permitted uses in the B-3 Zoning District. 2. Two other changes were made to the enclosed Ordinance not mentioned in the City Planner's memo. First, Section 5 of the enclosed Ordinance repeals the reference to "drive-up financial" as a permitted accessory use in the B-2 Zoning District. Staff determined that this reference was not necessary based on the decision to make drive-through service windows conditional uses for all permitted and conditionally permitted businesses in all commercial zoning districts. Therefore, a bank or other financial institution with a drive-up service window will be required to apply for a conditional use permit for the service window. Planning Case Report 95-21 5 January 2, 1996 3. The second change not considered by the Planner's memo was the decision to repeal the "commercial enterprises" conditional uses in the B-2 Zoning District with the exception of garden novelty stores.' Section 6 of the enclosed Ordinance deals with this issue. §4.114(4) of the Code will refer to a garden novelty store as a conditional use permit in the B-2 Zoning District after the adoption of the enclosed Ordinance. Subsections (4)(a) through (i) and (k) will be eliminated. 4. Staff hopes that these changes are not to confusing to you, but we want the ordinance amendment to correct as many errors as possible. On Tuesday night there will be an updated matrix presented and a listing of each Zoning District showing you what is being added and what is being deleted. RECOMMENDATION Staff recommends adoption of the ordinance, unless the Codes & Standards Committee wants to review these changes at a Committee meeting and bring this back to the full Commission in March. Attachments: City Attorney 2/2 Correspondence and Proposed Ordinance Planning Consultant's 1/26 Report and Revised Matrix Legal Notice City Attorney 12/22 Correspondence Planning Consultant 12/21 Report City Attorney 11/20 Correspondence Planning Consultant 10/24 Report Planning Consultant 9/27 Report Building Official Comments CORRxcr~ & ,SO~rDRALI~, P./k. ~,, ,, , E~nb~h Executive O~ee PI~ ~ ~, ~ 8525 E~br~k C~ Sui~ 8203 BroozI~ P~k, Minn~O~ 55443 February 2, 1990 Kirk McDonald Management Aast. City of NeW HOpe 4401Xylon Avenue North New Hope) MN 55428 RE: Ordinance Redefining Conditional Uses as Permitted Uses in the Commercial Zoning Districts Our File No: 99.49004 Dear Kirk: In follow Up to our phone conference with Alan Brixius please find enclosed a revised Ordinance redefining conditional uses as permitted uses in the ~ommer¢ial zoning districts for consideration at the February 5, 1996 Planning Commission meeting. Basically, the reviaions respond to the concerns set out in Alan's January ZO, 1555 memo. Specifically, the City Planner's memo set out eight concerns. They are addressed as follows; [tam 7 - we decided to eliminate "cleaning" from the permitted uses in & B-2 Zoning District under Code §4.112. We determined that "cleaning" is already a permitted use in the District and therefore rolls over as a permitted use in the B-2 District. AS a result, its reference in the B-2 District is not necessary. In Section 4 of the enclosed Ordinance you wtll see the repeal of this reference in the B-2 DiStrict. Item 8 - we decided it did not make sense to limit the floor space of grocery stores and supermarkets in either the B-2 or District. We decided to amend the reference to "food" in the B-2 District by eliminating the floor ~pace restriction. Therefore, based on the rollover provision of our Code, the floor space restriction will not apply in the B-4 District as well. We decided Mr. KJrl< McDonald February 2, 1996 Page 2 the lot sizes of the various properties in the referenced districts would actually control the floor sp~ce of such facilities and therefore a specific reference limiting floor space is not reouired. In Section 4 of the Ordinance enclosed you will find amendment dealing with this issue. Item 15 - the enclosed Ordinance now eliminates "~op¥ printing ser¥ice'° as a conditlonal use In t~e B-Z Zoning Distr~ct, Refer to 5ectton 6 of the enclosed Ordinance. It re~eals the "offset orint~ng and copy service" reference. We concluded th~s the same use as referenced in ~4.132 of the Code under subsection (~). SlnGe §~,132 (9) is no[ marked with an asterisk, it also Decomes a ~erm~tted use in the B-2 Distr~ct pursuant to Code §4.112 [~em 25 - we de~ided to eliminate the reference to "insurance sales" since it would fa33 under the sa~e category as "professional and commercial offices". Sect-ion S of the enc~osea Ordinance repeals the re?stance to "insurance s~les", and we will now rely on ~he reference to "professional and commercial offices" in the D~strict to permit ~neurance sales in both the B-2 Dts[rict and the B-4 District. [tern 37& - we decided that "dr~ve-through servtce w~naows" should be listed as a condl~tona~ use ~n ail commercial zoning ~str~¢ts. As a result, [ have added the reference to this use as a conditional use in the B-1 Zoning District. You can f~nd th~s ~eference ~n Section Z of the enclosed Ordinance. W~th the ~ncluslon o? th~s reference ~n the B-1 ZonSng District, all permitted uses or cond~t~ona~ uses ~n all commercial zon~n~ distr~cts that include · dr~ve-through servt~e window will be required to oOtaln a cond~t~ona~ use permit for ~he drive-through service w~ndow. In other words, this ia the broadest appl~oatSon possible for dr~ve-through service windows thereby prov~lng us with ~he desired e~fect relative to th~s use. Item 58 - we determined that the reference to "floor space l~mited" actually dealt with ~c~essory buildings, As a result, Section 3 Of tbs enclosed Ordinance amends §4.103 (1) dealing with "f~oor space llm~ted" by changing the reference to building. ~tems 64 and 84 - the issues rd{sad by these ~tems d~d not result in any ch~n~es to the enclosed Ordinance. 64 ~s an ~r. Kirk McDonald ~'~ PeDruary g, ~99e Page 3 informational reference, and 84 was dealt with by the pool h~11 ~mendment adopted last year as Ordinance No, $5-0~. We ~id rapes1 commercial recreational uses as permitted uses in the B-3 Zoning District, Two other changes were made to the enclosed Ordinance not mentioned in the City Planner's memo. First, Section 5 of the enclosed Ordinance repeals the reference to "drive-up financial" as a permitted accessory use in the 8-2 Zoning District. We determined that this reference was not necessary based on our decision to make drive-through service windows conditional uses for ell permitted and conditionally permitted businesses in all coff~nercia] zoning districts. Therefore, a bank or o~er financial institution with a drive-up service window will be required to apply for conditional use permit for the servioe window. The second change not considered by the Planner's memo was our decision to repeal the "commercial enterprises" ~ondltional uses in the a-2 Zoning District with the exception of garden novelty stores. Sectlon 6 of the enclosed Ordinance deals with this issue. §4.114 (4) of our Code will refer to a gmrden novelty store es a conditional use permit in the B-Z Zoning Dtstrict after the adoption of the enclosed Ordinance. Subsections (4){a) through (6) and (k) will be eliminated. This deals with &ll the 'issues we discussed. Please contact me if you h&ve any ot~er questions, comments or recommendations. Very truly yours, s[~e~. ,ond rall ~1 f3 Enclosure CC: Ar Brixtu$, City Planner ORDINANCE NO. 96-04 AN ORDINANCE R~CLASS[FYING VARIOUS CONDITIONAL USES AS PERMITTED USES WZTH[N THE AND B-4 ZONING DISTRICTS The City Council O? the City of New HODe ordains: Sectio~ 1. Section 4,102 "Permitt.~d use~, B~I" of the New Hope City Code ls hereOy amended by adding subsections "convenience. Food ~ake-Out./Deliv~ry E~teblishment", (14A) "Government and Uti3ity. Bu~l~i~gs" and (I~A) "Professional and Commergial Q[fices" to read as follows: ~ Convenience Fo~ Take-Out/Deli.very Establishment. (~4A) ,~overnmen~.. &nd Utility Buildings. (16A) Professional and ~ommerctQ.l Offices, Sectioo 2. Section 4.104 "qo~ditional Uses~. B-I" of the NeW Hope Oit¥ Code is hereby amended Dy repealing in their entirety subsections (1) "Government and Utility guildin~.s", (2) "Medi~a~, Prq. fes$ional and Cqmmerci.~l Offic~" and (4) "Convenien¢~..and TaKe- Out/~elivery. Esteb~ishment", Dy renumDering subsections (3) "P_~ commerci&~" and (5) "J[e~~" subsections (2) and (3) respectively, and by adding a new subsection (1) "~.riYe-Through ~er¥ice Windows" to read as follows: ~I) Drive-ThrouR.h Servic. e Windows, A..drive-th~ou~h se[vice window .used in. any permitted or.~ondlt, ionall¥ permitted. busipess or use s~all be all~we~ on3y if_ the followin~ addition&l cr!.teri& ~re s~tis.fied: Stacking, Not ~ess,..t~an 180 feet of seeregated au~_~_g.b_~..~ckino lane must....be pro..vided for the service window~ (D) T~.ffi¢ Contro~ ..... The stac.~ing l~d and its acces~ mv~ be designed to ~ontrol..trafflc i.n a manner to 9rotect the buildings and. green ~re& o~...t.~e site. ~ Use of Street.. No pa.rt of the ~ub~i~. etreet, or bou).eYard may be used for St..ackinR. of. automom~]es. ~d} ~ The stackin~ ~ne, orde~ board i..ntercom and window ~lacement ,shall bff desi~nQ.d and lO.cared 1~ s~ch a mapner as to m~n~mize automobi~e.~.d ~ommunication noiseS., emissions and headliRht ~.1. sr~ a_s ~o ~diacent or,mists, oartiq.ularly rent,anti.al Drem~.ses,. and, t~ maximize ~neu~eraDil. i~y o~ vehicles .on th~ sitff. ~ H~ours... Hours of oppratign shall ,De limite~..&~ necessaF~ tp mipimize the ..e~fect .of nuisance faCtq~s such as.traffic. ~olse and ~are~ Section 3. Section 4.103 (1) "Floom~,.Smace Limi,$ed" of the New Hope City Code is hereby amended to read as follows: ''-~-~ ..ACcessory Building. Accessory (1) 7~pcr ~pccc ........ ~.. buildinm for commercial s_~ ~ shall not excee~ thirty Dercent of the gros; floor space of the principml .Section. 4. Section 4,112 "Permitted Uses. B-2" of the New Hope City Code is hereby amended by repealing subsection (2) "~Cleani.ng" in its entiFety, by renurllbering sut~section (3) "Food", ...... 4 Use_s" a y to subsection (~,) i_~i_qEi_teO.._ts-~_~5__g_,S~ and subsection subsections (A) through (6) respectively and by adding new "---,, subsections (2) "Banks.. (Without a Drive Th,rou.qh)" , (3) "E_I_~~ ~ppliaDce Stores" and (8) "Reslu~urants {Without a Oriv,~ Through)" "Fo0 " and amending renumbered subsection (4) ~ to read as follows: (2) Banks (Wit~ou~ .a ~rive Throu~hJ.. Electrical. Appliance ~-~ GroceF~~es and ~umermarkets ReetaHrants. (W~th~ut ~ D,rtve .~ection 5.. Section 4,113 "pfirmitted AGcessory Uses, B-2_" of l:t~e New Hope City Code is hereby amended by repealing subsection (2) "prive-Um. Financial" in its sntirety. ~l~,.~~. Section 4.11~ "~Conditjonal_Uses, B-_2" of t~e New Hope City Code ~s hereby amended Dy repealing in their entirety subsections (2) "Mu__9_]J_jJ2_l_e_ Fa.m]_]_~", (&) "Commercial Enterprises", (4)(a) "~", (a,)(b),,O Electri_~al ADpllan.q.e Sto£es", (¢)(c) "Fabriq ~,t.loreG.'', (4)(d) flY-_Sale Li~uo_r", (¢)(e) "OffS_e..t ?rintinq and CoDy Service", (4)(f) "Restaurants", (4)(g) "Camera ~hoto~raDh~c Supplies", (4)(h)"Book Stores", (4)(i)"Medi. C~_[l", and (4)(k) "Criteria for (a~ thro.ugh (i)" and by renumbering subsection (4)(j) "~arde~. Noyelty Stores" to subsection $ec~io0 7. Section 4.122 "Permitted Uses, .a-3" of the New Hope City Code is hereby amended by amending subsection (5) "~estau.rant~" to re~d as ~ollows: (~) .~estaursnts, C~nveni.ence. FOOd., o.r~ve-In. Including res__~.ts wi..~h [~quor.~ wi~e or beer l~.oenses obtaine~ Mnder ChaD. 10 of this C~.e. E~t~blishments w!,tb Dr~ve- Through seryl~e$.win~ow$ dO reauir~.a cqnditi.on&l us~ [ermit as provided by Section 4.12~ (3) of th~s Cq. de. Section ~. Section ~.124 (3) "O~ve-[n an~ Conve~.~enc~ Food" of the New Hope City Code ~e hereby amended by repealing ~n ~heir entirety subsections (a) through (~) and amending subsection (~) to read as follows: (+~) Dr~ve-~brou~h Service Windows. A ~rive-thro~gh service window USed in Shy permitted or conditionally permitted business or use shall be allowed only if the roi'towing additional criteria are satisfied: (a) ~t__~. Not less than 180 feet of sesre9ated automobile stackin~ lane must be provided for the service wln~ow. (~_b) Traffic Contr~l. The staoklng land and ~ts access must be designed %0 control traffic in a manner to protect the buildings and green area on %he site. (~c_) Uae of Street. No part Of t~e public street or boulevard may be used for stacking of automobiles. (~) o?~. The stamking lane, order boars intercom and window placement shall be designed and located 5n such a manner as to m~n~mize automobile and communication no~sem, emissions and ~eaalight glare as to adjacer~t premises, particularly residential premises, and to maximize maneuverability of vehicles on the e~te. (~A) ~.o~rS, Hours of operation shall be limited ms necessary to minimize the e?fect of nuisance factors such as tralfic, noise and glare, ~_e i.~, section 4,13z "_Permitted~" of the New Hol3e City Code is t~erelly amended by repe&ling in its entirety subsection (22) "Insurance Sale_~" and by adding Subsection (48) "C_ommercJe3 Recre_ati._onaJ U.semj. Not ExCeeding 4,(~.00 $ou.~r.e F...eet, in_ Are___.~a" to read ms follows: .(48~ ~ommercia~ Reoreat .ion...~l. Uses Net .Exceeding_ ~,,OOQ ScLuar~e ~Feet i.n Area. _Sec.t.(o_n 10, Section ~.134 (6) "C~ornm#rcial. Recr. eel;ion~al Facili,t~es." of the New HODe City Code {s hereby amended tO react ms fo1 lows: (6) ~Com[n~ rci al Rec~e. at lone] Flc_'i 1 ~.t ~ ea. Commercial retreat ~onal .fa¢_i 1 j.t ~ ~ls exceedS,n. ~ ~,000 _s~uare ..feet .~ n r~.~_e.~, provided that: $~;_tjLq_o.__~.. Effect{ye Date, This Ordinance shall be Dated the day o? __ , 1996, ~dw. J. Erickmon, Mayor ~ttest: va]erie Leone, City Clerk Published ~n the New Hope-Golden Valley Su~-Post the day of ~ I~SS.) Northwest Associated .C?nsultants, Inc. COMMUNITY PLANNING · DESlG MARKET RESEARCH PLANNING REPORT- ADDENDUM TO: Kirk McDonald FROM: Cary Teague/Alan Brixius DATE: 26 January 1996 RE: New Hope - Zoning Ordinance Amendments (Business Districts) FILE NO: 131.00 - 95.21 Upon further review of the matrix highlighting the current ordinance vs. the proposed ordinance amendment, a couple of issues of note were discovered. ~ The following highlights the issues discovered, again, each issue corresponds to the number on the left side of the matrix. 7. Number 55 from the previous matrix was eliminated (Dry Cleaning including plant accessory heretofore, pressing and repairing), as it is listed under number 7 (Cleaning. Laundry and dry cleaning provided the process used meets the requirements of the Fire Prevention Code for use in buildings with other occupancies). 8. Please note that the City allows for grocery stores that are less than 21,500 square feet in size. However, under current City regulations, grocery stores larger than 21,500 square feet in size are not identified in any zoning district. The City may wish to consider adding a provision to allow larger grocery stores in the B-4 zoning district. 15. The proposed ordinance does not eliminate Copy and Printing Service from being both a permitted and conditionally permitted use in the B-2 district. 25. Insurance Sales offices would also fall under the category Professional and Commercial Offices, therefore, the reference has been added to the matrix. 37a. Drive-Through Service Windows have been added to the matrix per the proposed ordinance. All uses with drive-through facilities are proposed to be a conditionally permitted use within the B-3 and B-4 zoning district. 5775 Wayzata Blvd,. Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 $8. Our office raises the issue of the purpose of number 58 (Floor Space l~'mited). Specifically, how does the City administer a regulation of an "accessory use not to ,--,, exceed 30% of the gross floor area of the principal use". 64. Number 15 (Cornrnercia/and Professional Offices) from the previous matrix was eliminated, as it was listed twice within the matrix (previous ~7 Professional and Commercial Offices). Again, note that the proposed ordinance establishes this use as a "permitted use" in the B-1 district rather than "conditionally permitted use". 84. Please note that the City Code allows Commercial Recreational Facilities as a permitted use within the B-3 zoning district. If the City does not wish to allow these types of uses within the B-3 district it should repeal Section 4.122 (3) of the City Code, that allows Commercial Recreational Uses. ALLOWABLE uSES WITHIN NEW HOPE'S BUSINESS ZONING DISTRICTS P - Permitted Uses A - Accessory Uses C - Conditional Uses CA - Conditional Accessory Uses N - Not Permitted DISTRICT USES Current Proposed 6-1 B-2 B-3 B.4 B-1 B-2 B-~ B-4 Use 1. P P N P See ?.a 1. Barber Shops. 2. P P N P See 2a 2. Beauty Shops. 2a. - - P P N P 2a. Personal Services. 3. P P N P P P N P 3. Essential Se~ces. 4. P P N P P P N P 4. Convenience, Limited Merchandise, Grocery, Stores (not supermarket type). 5. P P N P P P N P 5. Laundromat. 6. N P N P N P N P 6. Mortuary. 7. P P N P P P N P 7. Cleaning. Laundry & dry Cleaning provided the process used meets the requirements of the Fire Prevention Code for use in buildings with other occupancies. 8. N P N P N P N P 8. Food. Grocery stores and supermarkets providing the use does not exceed 21,500 s.f. of floor space. 9. P P N P P P N P 9. Antique Shops. 10. P P&C N P P P N P 10. Art/School Supplies, Book, Office Supplies, Sta'donary Stores. 11. P P N P P P N P 11. Bicycle Sales/Repair. 12. P P N P P P N P 12. Candy, Ice Cream, Ice Milk, Popcorn, Nuts, Frozen Desserts, Packaged Snacks, Soft Drinks. 13. N P N P N P N P 13. Carpet, Rugs and Tile and Other Floor Covedngs. 14. P P N P P P N P 14. Coin and Philatelic Stores. Current Proposed ~--~, B-1 B-2 l~-3 B-4 B-1 B-2 6-3 B-4 Use 15. P P&C N P P P&C N P 15. Copy and Printing Service. 16. N P N P N P N P 16. Costume and Clothes Rental. 17. N P N P N P N P 17. Office Equipment Stores. 18. N P N P N P N P 18. Drug Stores. 19. N P N P N P N P 19. Employment Agency. 20. P P N P P P N P 20. Florist Shop. 21. N P N P N P N P 21. Furniture Stores. 22. N P N P N P N P 22. Furriers when Conducted only for Retail Trade, on Premises. 23. P P N P P P N P 23, Gift or Novelty Stores. 24. P P N P P P N P 24. Hobby Store. 25. P P N P P P N P 25. Insurance Sales (See ~4) 26. P P N P P P N P 26. Locksmith. 27. N P N P N P N P 27. Meat Market but Not Including Locker Storage. 28. N P N P N P N P 28. Paint and Wallpaper Sales. 29. N P N P N P N P 29. Plumbing, Television; Radio, Electrical Sales and Such Repair. 30. P P N P P P N P 30. Toy Stores. 31. P P N P P P N P 31. Tailor Shops. 32. N P N P N P N P 32. Jewelry Shops and other Similar Uses. 33. N P N P N P N P 33. Travel Bureaus, Transportation, Ticket Offices. 34. N P N P N P N P 34. Variety Stores, 5/10 Cent Stores, Stores of Similar Nature. 35. N P N P N P N P 35. Wearing Apparel. 36. N A A A N A A A 36. Drive-up, Financial (1 Lane Maximum). 37. N P&C N P N P N P 37. Banks (Without drive- through. 37a. - - - N N C C 37a. Drive-Through Service Windows. 38. P P N P P P N P 38. Record Shop. 39. P P N P P P N P 39. Real Estate Sales. 40. N P N P N P N P 40. Building Matedal Sales of Retail Nature in Totally Enclosed Building. 41. P P&C N P P P N P 41. Fabric Store. 42. P P&C N P P P N P 42. Camera/Photographic ,, Supplies. 2 Current Proposed B-1 B-2 B-3 B-4 B-1 B-2 B-3 E~-4 Use 43. C P&C P P C P P P 43. Restaurant (without drive-through). 44. N P&C N P N P N P 44. Off-Sale Liquor Stores. 45. C P&C N P N P N P 45. Medical Facility. 46. N P N P N P N P 46. Sporting Goods Stores. 47. N P N P N P N P 47. Pet Shops. 48. N P N P N P N P 48. Hardware Stores. 49. N N P N N N P N 49. Auto Accessory Store. 50. N N P N N N P N 50. Motor Vehicle and Recreation Equipment Sales and Garages Accessory Thereto. 51. N N P N N N P N 51. Motels. 52. N N P N N N P N 52. Amusement Rides. 53. N N N P N N N P 53. Enclosed Boat and Marine Sales. 54. N C N P N C N P 54. Garden Novelty Stores. 55. N N N P N N N P 55. Theaters - Not Outdoor Drive-In Type. 56. N N N P N N N P 56. Custom Manufacturing and Repair. N P N N N P 57. Public Garage/Parking 57. N N Ramp. 58. A A A A A A A A 58. Floor Space Limited. Commercial or business buildings and structures for a use accessory to the principal use, but such use shall not exceed thirty percent of the gross floor space of the principal use. 59. A A A A A A A A 59. ParkJng. Off-street parking as regulated by Section 4.036. 60. A A A A A A A A 60. Off-street Loading. 61. A A A A A A A A 61. Signs. 62. A A A A A A A A 62. Pinball Machines. 63. C C N N P P N P 63. Government and Utility Buildings. 64. C P N P P P N P 64. Professional and Commercial Offices. 65. C C N C C C N C 65. PUD, Commercial. 66. C C N N P P N P 66. Convenience Food Take-Out/Delivery EstablishmenL 67. N C N N N N N N 67. Multiple Family. 68. N C N P N P N P 68. Electrical Appliance Store. 3 Current Proposed B-1 B-2 6-3 B-4 B-1 B-2 6-3 1~-4 Use 69. N N C C N N C C 69. Automobile Service Station. 70. N N C C N N C C 70. Convenience Store with Gasoline. 71. N N C C N N P P 71. Drive-In and Convenience Food. 72. N N C C N N C C 72. Car Washes. 73. N N C C N N C C 73. Motor Vehicle Sales, Service, Leasing/Rental and Repair. 74. N N CA N N N CA N 74. Automobile Service Station, Additional Uses. 75. N N CA N N N CA N 75. Automobile Service Stations, Subordinate Uses. 76. N N CA N N N CA N 76. Open Storage, Accessory. 77. N N CA N N N CA N 77. Outdoor Sales and Sewices, Accessory. 78. N N CA N N N CA N 78. Enclosed Sales and Service, Accessory. 79. N N CA N N N CA N 79. Take-Out Service Window. 80. N N CA N N N CA N 00. Sale of Propane or LP Gas Accessory to Automobile Sewice Station. 81. N N CA N N N CA N 81. Outdoor Dining, Accessory. 82. N N N C N N N C 82. Training Schools 83. N N N C N N N C 83. Veterinarian Clinics. 84. N N P N See 84a & 84b 84. Commercial Recre~onal Uses. 84a. N N P C N N P C 84a. Commen:ial Recreation Facilities (exceeding 4,000 square feet). 84b. N N P C N N P P 84b. Commercial Recreation Facilities (not exceeding 4,000 square feet). 85. A A A A A A A A 85. Adult Uses - Accessory. 86. N N C C N N C C 86. Adult Uses - Principal. 87. N N P P N N P P 87. Outdoor sales of seasonable farm produce. 4 NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY RECLASSIFYING VARIOUS CONDITIONAL US~S AS PERMITTED USES IN THE BUSINESS ZONING DISTRICTS C~t¥ of New Hope, M~.~nesota Notice fs hereby given that the Planning Commission of the ci[y of New Hope~ Minnesota, wi13 meet on the 6th day of February, t996, at 7:00 o'clock O.m. at the City Na11~ 4401 Xylon Avenue North, in said City for the purpose of ho3d~ng a Dub3~c hearing to consider the adoption of an ordinanoe &mending the New Nope Zoning Code. Satd ordinance w~] have the affe~t of reclassifying various conditional uses as permitted uses in t~s B-l~ B-2, B-3 and B-4 zoning d~etr~cts. A~I Derso~s interested a~e. invlted to appear at sa~d hear~'ng for the purpose of being heard with respect to the zoning COde amendment. Aux~3tary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City C3erk to make arrangements (te3ephone 531-5117, TDD number 631-5109). Dated the 22nd day of January, 1996. s/ Valerie J, Leone ValeT,s J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the o~ January, 1556.) CORRICK & SONDRALL. P.A. STEVE. A. SO~O.ALL ATTORNEYS AT LAW MICHAEL R. .A.T,... UAU~C.A Edinburgh Executive Office Plaza WILLIAMC. ST"AIT 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minneso~ 55443 December 22, 1995 Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE' An Ordinance Reclassifying Various Conditional Uses as Permitted Uses Within the 8-1 through B-4 Zoning Districts Our File No. 99.40074 Dear Kirk: , Please find enclosed an amended Ordinance Reclassifying Various Conditional Uses as Permitted Uses Within the business zoning districts for consideration at the January 17, 1996 Codes and Standards meeting. As a result of said meeting we decided to make convenience food take-out/delivery establishments permitted uses in the B-1 Zoning District. As a result, Section 1 of the enclosed Ordinance has been amended to make this change and Section 2 has also been amended to remove this use as a conditional use in the 8-1 Zoning District. A]so, Section 7 of the Ordinance has been amended to make all business drive-through windows a conditional use permit and not simply restaurant and convenience drive-through windows. If you have any other questions or comments regarding this enclosed Ordinance, please do not hesitate to contact me. Very truly yours, Steven A. Sondrall slf Enclosure cc: A1 Brixius, City Planner PLANNING REPORT TO: Kirk McDonald FROM: Cary TeagueiAJan Brixius DATE: 21 December 1995 RE: New Hope - Zoning Ordinance Amendments (Business Districts) FILE NO: 131.00 - 95.21 BACKGROUND t ~ Per the request of the Codes and Standards Committee our office has developed a matrix showing a compi-ative analysis of all use~ wilhin the City's busines~ districts. Specifically the rnatTiX shows existing ~ compa~ to the pro~ Zoning Ordinance Amendment. This memo serves as an explanation of .the matrix. ANALYSIS The attached matrix highlights all uses within the City's busines, zoning districts and compares them to the existing zoning ordinance and the pn:)posed amendment to the zoning ordinance. The ~ in bold print ~ areas where changes to the ordinance are proposed. An explanation of the purpose of each zoning district may be beneficial when considering amendments to the zoning ordinance, lharefore, the purpose of each district is as follows: B-1 Umited Neighborhood Bu. inea. s DistricL The purpose of the 'B-I" Limited Neighborhood Business District is to provide for the e.ttablishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer from whom the goods or services are fumished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. B-2 Retail Business DistricL The purpose of the *B-2" Retail Business District is to provide for low intermity, retail or service outlets which deal directly with the customer for 5775 Wayzata Blvd.. Suite 555 · St. Louis Park,~MN $5416r (612) 595-9636-Fax. 595-9837 whom the goods or services am furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. B.3 Auto. Oriented Business District. The purpose of the ~B-3" Auto-Oriented Business District is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. B-4 Community Business Dilrtrfct. The purpose of the "B-4" Community Business Dist~ct is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or subregion. The following is a detailed explanation of the proposed ordinance amendments shown , within the matrix. Each iuue corresponds to the number on the left side of the matrix. 1-2a. The existing ordinance regulates barber shops and beauty shops aa different uses. However, after a detailed study, it was recommended to amend the zoning ordinance to establish persona/servfces. Under the definition of personal services, several similar uses are regulated under one definition. Personal services are defined as follows: Barber shop, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic maeaage, and tattooing. ~ 3'/. Please note that there are several uses in the current ordinance that are listed as both permitted and conditionally permitted uses within the current Zoning Ordinance. ' 37a. The current zoning ordinance does not make a distinction between banks with and withoUt drive-through windows. Baaed on the impacts drive-through banks have on traffic and site design, the proposed ordinance makes the distinction between the two. Under the current ordinance, benk~ are considered a permitted and conditionally permitted use in the B-2 distri~ and permitted in the I]-4 district. Under the proposed ordinarx=e, banks without drive-through facilities are permitted uses within'the B-2 and B-4 districts, and drive-through facilitiles will remain conditionally permitted uses within the B-2 and B-4 districts. ' By conditionally permitting ddve~lrough facilities, the City is abl~, to examine the impacts of such uses through a pulpit, heer~g and CUP processing, and may place specific conditions on ti'rose uses. ~ ~lthout ddve-~ facilities do not hold any land use impacts different from uses that areJ permitted within the B-2 or B-4 district. 41. Because a Fabric Store does not hold any land use impacts different from uses that are permitted within the B-2 or B~ diStri~ the proposed amendment calls for Fabric Stores to be permitted uses. 42. Because a Camera/Photographic Supply Store does not hold any land use impacts different from uses that are permitted within the B-2 or B-4 district, the proposed amendment calls for Camera/Photographic Stores to be permitted uses. 43, Restaurants are currently considered permitted and conditionally permitted uses within the B-2 zoning district. Further, regulation of restaurants with drive-through facilities are regulated as Ddve-in and Convenience Food. The proposed ordinance eliminates D~fveqn and Convenience Food Establishment and replaces it with Restaurant with Drive-through FaciliSes, therefore, all types of eating establ~ will be regulated as Restaurants. As such, Restaurants with drive- through facilities are proposed to be conditionally permitted in the B-2 and B-4 districts and a permitted use in the B-3. Restaurants without drive-through facilities are proposed to be ~:iitionaily permitted in the B-3 district, and permitted uses in the B-2, B-3 and B-4 districts. The purpose of the additional regulations on Restaurants with drive-through facilities is the same as for banks with drive-through facilities. The land uae impacts ara greater on uses with drive-through facilRies. 44& Off-sale liquor and medical facilities are currently oonsidered permitted and conditionally permitted uses in the B-2 district. However, these uses more appropriately designated as permitted uses, therefore, are proposed as such. 66& Government and Utility Buildings and Professional and Commercial Offices hold 67. characteristics which may make them more appropnately designated as permitted uses within commercial zoning districts rather than conditionally permitted uses, therefore, the change has been proposed. 70. Multiple Family development has bc, cn found not to be an appropriate use within ti'ts B-2 district, as the purpose of the district is to provide for Iow intensity retail or service outlets, therefore, multiple family development Is proposed to be prohibited in the B-2 district. 71, Electrical Appliance Stores hold characteristics which may make th~m mo~e appropriately designated as permitted uses within the B-2 zoning district, rather than a conditionally permitted use, therefore, the change has been proposed. 87, Currently Commerci~ai Recreation Facilities are considered permitted uses in the B-3 district and conditionally permitted uses in the B-4 (prohibited in the B-1 and B- 2). Commercial Recreational Facilities are defined by the Ordinance as 'bowling alley, golf, pool hall, dance hall, skating, trampoline and similar uses." While commercial recreational uses the scale of bowling alley, billiard hall roller rink, etc. were recently studied and found to be appropriately designated as conditional uses in the B-4 District, it is believed small scale commercial recreational uses may be more suitable as permitted uses. Of particular issue are small scale uses such as dance studios, karate instruction, etc. which exist in multiple occupancy commercial buildings. While these smaller recreational facilities would provide for assembly of people for classes or competitions, the size and scale of these operations can be regulated to make them consistent with other B-4 permitted uses. In this regard, it is believed that commercial recreational uses with less than 4,000 square feet of floor area could compatibly exist in the El-4 Distrtct without need for a public hearing and CUP processing. In review of the tenant breakdowns of the New Hope City Center .~.d Winnetka Center, a standard leasable 'bay' measures 3,400 and 1,600 square feet respectively. Based on this and existing busines~ square footage allotments, it is believed a commercial recreational facility less than 4,000 square feet in area would have minimal impact. CONCLUSION The attad'~ecl matrix highlights the proposed changes to the City's Business zoning districts. These changes are proposed after much study and consideration by the City. It has been concluded that a number of conditional uses in the City's vadous commercial zoning district may be mom appropriately classified as permitted uses. Based on an examination of district purpose and uae characteristics our office recommends approval of all of the proposed modifications. CORRICK & SONDRALL, P.A. STEVEN A. SONORALL ATTORNEYS AT LAW ~'~-~'~.~ MICHAEL R. ~EUR MARTIN .. UA~CHA Edinburgh Execu~ve Office Plaza .,~u~u c. s~ 8525 Edinbrook Crossing Suite ~203 Brookl~ P~k, Minnesota 55443 TE~PHONE (612) 4~S~1 ~x (s~2) November 20, 1995 Kirk McDonald Management Asst. City of New Hope 4401 Xy]on Avenue North New Hope, MN 55428 RE: Proposed Ordinance Rec]assifying Conditional Uses as ~ Permitted Uses in the Various Commercial Zoning Districts Our File No: 99.40075 Dear Kirk: Per your request please find enclosed a proposed Ordinance Reclassifying Various Conditiona~ Uses as Permitted Uses Within the Commercial Zoning Districts for consideration at the November 28, 1995 Codes and Standards meeting. Basically, this Ordinance implements the recommendations of the City Planner set out in his September 27, 1995 memo with a few minor changes. Specifically, and referring to the page 9 summary in the memo, his recommendation for the B-1 District is implemented by Section 1 of the Ordinance. Section 2 of the Ordinance then readjusts the numbering system for the B-1 permitted use c]assifications to accommodate the two added permitted uses in that section.. Section 3 of the Ordinance then adjusts the B-1 Conditional Uses to reflect the reclassification of government and uti]ity buildings and professional and commercial offices from conditional to permitted use in the B-1 District. Section 4 of the Ordinance implements the City P]anner's recommendation for changes to the permitted uses in the B-2 District. However, government and utility buildings, professional and commercia] offices, camera and photographic supplies and book stores are not specifically listed. They are ail B-1 permitted uses and therefore roil over as permitted uses in the B-2 District. Mr. Kirk McDonald November 20, 1995 Page 2 As a result, listing them again as permitted uses in the B-2 District is not necessary. Again, Section 5 and 6 of the Ordinance readjusts the conditional use classifications for the B-2 District to reflect the reclassification of conditional uses to permitted uses in the B-2 District. Also note that the reference to "multiple family" as a conditional use in the B-2 District has been entirely eliminated at the suggestion of the City Planner on page 5 of his memo. Sections 7 and 8 of the Ordinance implement the City Planner's recommendation to make convenience food establishments and drive- ins a permitted use in the B-3 District. This recommendation is made in his October 24, 1995 memo. For the sake of consistency, I think we should treat the drive-through window component of the Ordinance as a conditional use for both restaurants and convenience food establishments. Therefore, I have eliminated the reference to service window as a permitted use for restaurants in Section 7 of. the Ordinance and require in Section 8 of the Ordinance that a11~ drive-through windows be subject to the conditional use permit process. I think it is hard to distinguish the difference between a drive-through for restaurants vs. convenience food and think consistency is important, however this requirement certainly can be changed if the committee and staff feel otherwise. Relative to the Building Official's memo of October 25, 1995, I would like to maintain our current definitions and distinctions between restaurant and convenience food establishments. I do not think the definitions do any harm and there may be a reason to distinguish between the two despite the fact said reasons are not clear at the present time. Sections 9 and 10 of the Ordinance implement the City Planner's recommendation for establishing commercial recreational facilities not exceeding 4,000 sq. ft. in area as permitted uses in the B-4 Zoning District. Please contact me if you would like any changes to the enclosed Ordinance prior to the Codes and Standards Committee meeting. Very truly yours, Steven A. Sondra11 slm2 Enclosure cc: A1Brixius, City Planner Doug Sandstad, City Bldg. Official Northwest. Associ. ated Consultants, Inc COMMUNITY LANNING OESIGN · MARKET RESEARCH MEMORANDUM TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 24 October 1995 RE: New Hope - Zoning Ordinance: Business District Conditional Use Review FILE NO: 131.00 - 95.21 BACKGROUND This memorandum is intended to convey our thoughts as to the appropriateness of listing drive-in and convenience food establishments as conditional uses in the City's B-3, Auto- Oriented Business District. Of specific issue is the need for the processing of a conditional use permit for such uses which occupy space within shopping centers. ISSUES Existing Regulation Historical Puro_ ose. Drive-in and convenience food establishments are currently listed as conditional uses in the City's B-3 zoning districts. The establishment of drive-in and convenience food establishments as conditional uses relates to an original intent to address primary architectural compatibility and traffic related concerns associated with such uses. Since the early 1970's, the character of a "drive-in" has evolved such that these facilities almost exclusively have indoor dining components and are themselves restaurants. Such facilities also have evolved to such a point where architectural appearance is not as prevalent an issue as in the 1970's. Also to be noted is that new drive in or convenience food establishments in the City must either locate upon "redeveloped sites" or occupy shopping center space where exterior design has already been established. 5775 Wayzata Blvd.-Suite 555 .St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 Conditions. Drive-in and convenience food establishments in B-3 zoning districts are ~ currently required to satisfy the following conditions: (a) Com_oatibili _ty. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. (b) Green Stri.o. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 4.033 (3). (c) LJgb.tJD~ Each light standard island and all islands in the parking lot landscaped or covered. (d) Curbing. Parking areas and driveways shall be cured with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. (e) Vehicle Access. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 4.036. ~ (f) ~ The entire area shall have a drainage system which is subject to the approval of the City. (g) Surfacing. The entire area other than occupied by buildings or structures or plantings shall be surfaced with a matedal which will control dust and drainage and which is subject to the approval of the City. (h) ~ Adequate space shall be provided on the site for a loading berth to accommodate the parking and maneuvering of semi-tractor trailers and shall comply with the requirements of Section 4.037 of this Code. (i) Refuse Storage. All refuse shall be stored in containers as specified by City Code. Said containers are to be screened and enclosed by a fence or similar structure. (j) Drive-Throuoh Windows. Service windows shall be allowed if the following additional criteda are satisfied: (1) ~ Not less than one hundred eighty (180) feet of segregated automobile stacking land must be provided for the service window. (2) Traffic Control. The stacking land and its access must be designed to control traffic in a manner to protect the buildings and green area on the site. (3) Use of Street. No part of the public street or boulevard may be used for stacking of automobiles. (4) Noise. The stacking lane, order board intercom and window placement shall be designed and located in such a manner as to minimize automobile and communication noises, emissions and headlight glare as to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. (5) Hours. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare. In review of the aforementioned conditions, items (a) through (g) would be imposed through the City's general performance standards. Item (j), however, relating to drive- through windows, is considered highly specialized and is, our office's opinion, appropriately included in the B-3 District's conditional use provisions. Alternative Regulation. To ensure that ample City protections remain in place and to avoid an unnecessary CUP review process, it may be beneficial to simply list "accessory drive-through windows" as conditional uses in the B-3 District, rather than blanket all drive-in and convenience good establishments. It should be realized that a convenience food facility without a "drive-through" component is essentially a "restaurant" which is currently listed as a permitted use in the B-3 District. CONCLUSION In our opinion, it is the drive-through element of a drive-in/convenience food establishment which holds a potential adverse impact and separates such uses from "restaurants" which are currently permitted uses in the B-3 District. Should Codes and Standards agree with our evaluation of this matter, we would suggest that the following Ordinance changes be considered: 1. Establish convenience food establishments without drive-through components as permitted uses in the B-3 District. 2. Establish accessory drive-through windows as a conditional use within the B-3 District. ~ If you have any questions or comments regarding this material, please advise. pc: Doug Sanstad Steve Sondrail 4 COMMUNITY L ANNING · DESIG MAR RESEARCH PLANNING REPORT TO: Kirk McDonald FROM: Bob Kirmis/Alan Brixius DATE: 27 September 1995 RE: New Hope - Zoning Ordinance Business District Conditional Use Review FILE NO: 131.00 - 95.21 BACKGROUND At the direction of the City, our office has conducted a review of the various conditional uses within the City's commercial zoning districts to determine whether certain uses would be more appropriately classified as permitted uses within their respective districts. Based on past experience, question has arisen as to the need to process certain uses via a conditional use permit, particularly in cases where such uses occupy existing structures (i.e., within shopping centers). Additionally, we have given specific attention to the regulation of ~commercial recreational" uses within the City's B-4, Community Business District. Attached for reference: Exhibit A - Zoning Map ISSUES ANALYSIS Purpose of Conditional Use Permit Process. According to Section 4.211 of the Zoning Ordinance, the purpose of a conditional use permit is to: Provide the City with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 conditional use is to be allowed, the City may consider the nature of the 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. It should be recognized that the CUP process and its need is directly related to the purpose of the City's various zoning districts and a use's appropriateness within such framework. Basically, conditional uses are uses which are appropriate within the base zoning district provided certain additional conditions are imposed to insure compatibility. DISTRICT REVIEW B-I, Limited Neighborhood Business District Purpose. The purpose of the B-l, Limited Neighborhood Business District is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer from whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. As shown on Exhibit A, very few B-1 Zoning Districts currently exist within the City. Where they do exist, such districts typically overlay single sites of limited size. It is within the framework of the IYl District's purpose that the potential for adverse impacts and need for conditional use permit processing should be evaluated. Permitted/Conditional Us~s. The following is a listing of permitted and conditional uses in the City's B-1 Zoning District. Permitted Uses: Barber Shops Beauty Shops Essential Services Convenience, Limited Merchandise, Grocery Stores (not supermarket type) Laundromat Mortuary Conditional Uses: Government and Utility Buildings Professional and Commercial Offices Commercial PUD Convenience Food Take-Out/Delivery Establishment Findings. Of the aforementioned B-1 District conditional uses, a number hold characteristics which may make them more appropriately designated as permitted uses within the district. Specifically, the following uses should be considered as permitted uses in the B-1 District: Government and Utility Buildings Professional and Commercial Offices To be noted is that the aforementioned uses hold characteristics similar to several permitted uses in the district and the additional conditions imposed upon such uses are applied regardless through general provision requirements (i.e., conformance with setbacks, prohibition of outside storage, etc.). It is further recommended that the references to barber and beauty shops (under permitted uses) be changed to "personal service". In conjunction with such change, the term "personal service" will be specifically def'med to include a variety of service businesses including barbers, beauty salons, and similar uses within the Def'mifion section of the Zoning Ordinance. B-2, Retail Business District Purpose. The purpose of the B-2, Retail Business District is to provide for low intensity retail or service outlets which deal ~y with the customer for whom goods or services are furnished. The uses allowed in the district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. As shown on Exhibit A, the B-2 Zoning District has limited application in the City. Such district is most prevalent along the eastern portion of the Bass Lake Road corridor. Permitted/Conditional Us~s. The following is a listing of permitted and conditional uses in the City's B-2 Zoning District. Permitted Uses: Permitted Uses in the B-1 District Laundry and Dry Cleaning Grocery Stores/Supermarkets Antique Shops Art/School Supplies, Book, Office Supplies, Stationery Stores Bicycle Sales/Repair Candy, Ice Cream, Ice Milk, Popcorn, Nuts, Frozen Desserts, Packaged Snacks, Soft Drinks 3 Carpet, Rugs and Tile and Other Floor Covetings Coin and Philatelic Stores Commercial and Professional Offices Copy and Printing Service Costume and Clothes Rental Office Equipment Stores Drug Store Employment Agencies Florist Shop Furniture Stores Furriers when Conducted Only for Retail Trade, on Premises Gift or Novelty Stores Hobby Store Insurance Sales Locksmith Meat Market But Not Including Locker Storage Paint and Wallpaper Sales Plumbing, Television, Radio, Electrical Sales and Such Repair Toy Stores Tailor Shops Sewelry Shops and Other Similar Uses Travel Bureaus, Transportation, Ticket Offices Variety Stores, 5/10 Cent Stores, Stores of Similar Nature Wearing Apparel Banks, Savings/Loans, Credit Unions, Other Financial Institutions Record Shop Real Estate Sales Building Material Sales of Retail Nature in Totally Enclosed Building Fabric Stores Camera/Photographic Supplies Restaurant Off-Sale Liquor Stores Medical Sporting Goods Stores Pet Shops Hardware Stores Conditional Uses: Conditional Uses in the B-1 District Multiple Family Buildings Commercial PUD Banks Electrical Appliance Stores Fabric Stores Off-Sale Liquor Offset Printing and Copy Service Restaurants Camera and Photographic Supplies Book Stores Medical Garden Novelty Stores l*indings. Numerous permitted uses in the B-2 District are replicated as listed conditional uses. This raises obvious concerns in regard to Ordinance interpretation. Specifically, the following uses are listed as both permitted and conditional uses in the B-2 District: Banks Electrical Appliance Stores Fabric Stores Off-Sale Liquor Camera and Photographic Supplies Within the context of the B-2 Zoning District, the following conditional uses have characteristics which make them more appropriately designated a~ permitted uses: : Government and Utility Buildings Professional and Commercial Offices Banks (Without a Drive Through) Fabric Stores Electrical Appliance Stores Restaurants (Without a Drive Through) Camera and Photographic Supplies Book Stores Medical Garden Novelty Stores (Without Outdoor Sales) Generally speaking, the aforementioned uses are considered similar in nature to permitted uses within the district. For instance, it is believed a fabric store holds no greater land use impact than a supermarket or dry cleaning facility. It is further recommended that multiple family buildings be prohibited in the B-2 District as their existence lies contrary to the district purpose of establishment. B-3, Auto Oriented Business District Purpose. The purpose of the B-3, Auto Oriented Business District is to provide for and l/mit the establishment of motor vehicle oriented or dependent commercial and service activities. As shown on Exhibit A, the City's B-3 Zoning Districts flank Bass Lake Road and 42nd Avenue. Permitted/Conditional Us~s. The following is a listing of permitted and conditional uses in the City's B-3 Zoning District. Permitted Uses: Auto Accessory Store Motor Vehicle and Recreation F. quipment Sales and Accessory Garages Motels Restaurants Amusement Rides Conditional Uses: Motor Fuel Station, Auto Repair-Minor, Tire and Battery Stores and Service Convenience Store with Gasoline Drive In and Convenience Food Car Washes Motor Vehicle Sales, Service, Leasing/Rental and Repair Conditional Accessory Uses: Automobile Service Operations Retail Sales Accessory to Auto Service Stations Open Storage Outdoor Sales and Service Enclosed Sales and Service Take Out Service Windows (Drive Through) Propane LP Gas Sales Outdoor Dining Findings. In review of the B-3 District conditional uses, it is believed ali hold characteristics which warrant the imposition of additional, use specific performance standards to ensure land use compatibility and maintain the public health, safety and welfare. 6 B-4, Community Business District Purpose. The purpose of the B-4, Community Business District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or sub-region. Permitted/Conditional Uses. The following is a listing of permitted and conditional uses in the City's B-1 Zoning District. Permitted Uses: Permitted Uses in the B-1 and B-2 Districts Antique Shops Art/School Supplies, Book, Office Supplies, Stationery Stores Bicycle Sales/Repair Candy, Ice Cream, Ice Milk, Popcorn, Nuts, Frozen Desserts, Packaged Snacks, Soft Drinks Carpet, Rugs and Tile and Other Floor Coverings Coin and Philatelic Stores Commercial and Professional Offices Copy and Printing Service Costume and Clothes Rental : Office Equipment Stores Enclosed Boat and Marine Sales Dry Cleaning Including Plant Accessory Heretofore, Pres~g and Repairing ' Drug Store Employment Agencies Florist Shop Fumiture Stores Furriers When Conducted Only for Retail Trade, on Premises Garden Novelty Stores Gift or Novelty Stores Hobby Store Insurance Sales Locksmith Meat Market But Not Including Locker Storage Paint and Wallpaper Sales Plumbing, Television, Radio, Electrical Sales and Such Repair Theaters, Not Outdoor Drive-In Type Toy Stores Custom Manufacturing and Repair Tailor Shops Jewelry Shops and Other Similar Uses Travel Bureaus, Transportation, Ticket Offices Variety Stores, 5/10 Cent Stores, Stores of Similar Nature 7 Wearing Apparel Banks, Savings/Loans, Credit Unions, Other Financial Institutions Public Garage/Parking Ramp Record Shop Real Estate Sales Building Material Sales or Retail Nature in Totally Enclosed Building Fabric Stores Camera/Photographic Supplies Restaurant Off-Sale Liquor Stores Medical Sporting Goods Stores Pet Shops Hardware Stores Conditional Uses: Conditional Uses in the B-3 District, excluding any B-3 uses permitted in the B4 District Commercial PUD Training Schools (Secondary Use) Veterinarian Clinics : Commercial Recreation Facilities Findings. Of the ligted conditional uses in the It4 District, veterinarian clinics are allowed subject to conditions which would apply to the use regardless of whether it is "permitted" or "conditional". For instance, a vetefinaxian clinic is allowed under the sole condition that such use comply with the City's noise regulations. From a regulatory standpoint, such use is not considered dissimilar than the majority of permitted uses in the B4 District. This, however, does not mean that such use does not hold a potential for adverse impacts. In this regard, it is believed that some additional conditions relating to animal confinement, carcass disposal, kennel requirements should be imposed. This may, however, be considered beyond the scope of this review and may be more appropriately addressed at some future point. Of particular issue in the B-4 District is the regulation of commercial recreational facilities. Commercial recreational facilities a~ defined by the Ordinance as Ubowling alley, goff, pool hall, dance hall, skating, trampoline and similar uses". While commercial recreational uses the scale of a bowling alley, billiard hail roller rink, etc. were recently studied and found to be appropriately designated as conditional uses in the B-4 District, it is believed small scale commercial recreational uses may be more suitable as permitted uses. Of particular issue are small scale uses such as dance studios, karate instruction, etc. which exist in multiple occupancy commercial buildings (i.e., strip centers). While these smaller recreational 8 facilities would provide for assembly of peoPle for classes or competitions, the size and scale of these operations can be regulated to make them consistent with other B-4 permitted uses. In this regard, we believe commercial recreational uses with less than 4,000 square feet of floor area could compatibly exist in the B-4 District without need for a public hearing and CUP processing. In review of the tenant breakdowns of the New Hope City Center and Winnetka Center, a standard leasable "bay" measures 3,400 and 1,600 square feet respectively. Based on this and existing business square footage allotments, it is believed a commercial recreational facility less than 4,000 square feet in area would have minimal impact. SUlVlMARY It is concluded that a number of conditional uses in the City's various commercial zoning districts may be more appropriately classified as permitted uses. Based on an examination of district purpose and use characteristics, the following modifications are recommended: Proposed Permitted Us~s: : B-1, Limited Neighborhood Business District Government and Utility Buildings Professional and Commercial Uses B-2, Retail Business District Government and Utility Buildings Professional and Commercial Offices Banks (Without a Drive Through) Electrical Appliance Stores Restaurants (Without a Drive Through) Camera and Photographic Supplies Book Stores B-3, Auto Oriented Business District No Changes Proposed B-4, Community Business District Commercial Recreational Uses Less than 4,000 Square Feet in Area 9 If you have any questions regarding this material, please do not hesitate to call. pc: Doug Sandstad Steve Sondrall 10 City of New. Hope ~ Ir&idly AESIOENTIAI. SirC~Lf. ANO TWQ FAIdlLy R~'SIO[NTIAI. FI-Z MEOII, M DENSITY RESIO~NTIAL, HIGH DENSITY RESID[NTL'I,. It-4 SIrNIOlII ClTtZE. N RESIDENTIAl. ~,r SIO~NTI&i. OFFICE. ~q-o [.IUIT[O NIrlGHBQ~H~QO BUSINESS R~'TAII. BUS INES,I 8,2' AUTO ORIENTED BUSINESS COMMUNITY ~USINi~ SS LIMIT[O INDUSTRIAL. £- I 0£NEAAI. INOUSTNIAt. ~ - 2 Lrl.O00 II'1.&lN WET /ANO W est ' '.A;~sodated Consultants, inc. EXHIBIT A - ZONING MAP Date: October 25, 1995 To: Kirk. McDonald From: Douglas Sandstad, Building Official ~' Subject: NAC REPORT (10-24-95); B-ZONE CUP REVIEW +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ I am pleased to see the input from Al Brixius on our CUP headache in B-Zones. Staff support the simplification of the process by initiating this phase of review, after hearing much "flak" from our business community. When, however, we make all restaurants ("fast" and "slow") Permitted Uses in all of our B Zones, we must revise our parking standards and definitions to parallel this change. Code sections 4.022 (29) and 4.022 (120) must be combined into a single eatery definition~ Section 4.036 (10) l has required parking on a different basis than 4.036 (10) r, in the past. This requires some careful consideration and further study. I agree with the concept of requiring the CUP process for "Drive-through" eating establishments, but not all drive-up windows, such as banks, photo-processing & pharmacies, as long as staff have the site plan review process for any proposed changes. cc: Brixius file FILE MEMORANDUM ***POSTE HASTE SHOPPING CENTER*** 9400-9446 36th Ave. No. ~-25-95 OK TO ISSUE BUILDING PERMIT FOR "DANCE STUDIO" (3,200 sD ~) SsU~ c_f~sP, leted scale plans & secti°n view' ~c) Property Owner, Jerry Showalter, must schedule meeting to talk with city staff about the recent cutting down of front yards trees after request was denied and general PcrOperty issues. ity Staff will commence by Sept. 15, 1995, a Text Amendment ]'or small B-4 tenant uses that are now CUP's despit~ routine nature~ cc: Donahue ~ McDonald TO: KIRK McDONALD FROM: DOUG SANDSTAD DATE: AUGUST 29, 1995 SUBJECT: PROPOSED ZONING TEXT AMENDMENT-"TATTOO PARLORS" I have reviewed the latest draft of definitions, rules and fees regarding "Personal Services" such as tattooing and therapeutic massage. There are only two comments that I will provide at 1. I have referred the draft code to Del Matasovsky, our Sanitarian, for his tattoo code review. I have asked him to comment to me by this friday. 2. [ have an equity concern about the Special Zoning Procedure complexity and cost required for a number of more routine uses in the B Zones, compared to this new "Permitted Use" status simplicity for a tattoo business in the same zone. For example, each of these uses must go through the CUP {Conditional Use PermiO process in certain B zones, taking 30-60 days and costing $450 + plans: * Government buildings * Medical & Dental Offices * Convenience Food * Restaurants * Apartments * Banks * Book Stores * Camera & Photo supplies * Fabric Stores * Appliance Sales * Gas Stations * Convenience Stores * Car wash * Adult Uses * Outdoor Sales & Service * Take-Out Windows * Outdoor Dining * Veterinarian Clinics * Training Schools * Commercial Recreation * Dance Studio The "Balance" seems to be missing from this equation when a fabric store in a B-2 Zone must jump through more hoops than a tattoo parlor. Restaurants, Banks and Book Stores, also, defy logic on this zoning scale. The problem, understood, lies primarily with existing language that may be outmoded or out-of-synch with 1995 community standards and expectations. The fact that we seem to be getting many complaints about "red tape" and requests to waive standards for businesses is not consistent with our new "Business Link" efforts to improve the relations between city hall and local merchants. We have recently boosted commerce by improving part of our sign code. Perhaps it is time to take a serious look at basic Zoning code distinctions in B- Zones. There appears to be a need to streamline and simplify, evidence by the chart, above, and public comments. Let's discuss the options. 4.13, &.~21, 4.122, ! 4.13 'B-4' COMRUNITY BUSINHSS DISTRICT 4.131 Pur¢ose. The purpose of e~e "B-I' Canmunity Business District is to provide for the es~abl£shment of commercial and serv£ce i region. 4.132 Permitted Uses~ B-4. The following are permitted uses £n a "B-4" I (1} Less Zntens~vt Use DiStricts. All pe=m£t=ed use· ~n 'B-i' and 2"° i (2) ~ C3) Art/School Suppl~e·, Book, 0·face' Supplie·~ S~a~ioflery S~ore- (S) ~andy. Ice erie Silk, Popcornr Nut·r Frose~ Desserts, Packa~e~ Snack·r So~ I ~8) Carpe~r Rug· and Ttle and O~her Floor Coverings 7) Cote and P~tleteltc Stores w (8) Co. neutral and ProFessional Offices (0) Cogy and Prtnttn~ Service (1~ Of~ce Rqulpmen~ Stores *(12) Reels·ed BoeC and Ha, ina Sale· *(13) Dry C~ean~n~ ~flc~ud£fl~ Plant AccessorZ heretofore, Pressin~ and I (14) (16) (17) Furniture (20) G~£t or Novelt~ Store· (22) Znsu~·nce Se2e· I 123) L°cksm~tA 24) ~eat K&rke~ but Not Includ£n~ Locker 25) Paint and Ual~paper S,~es 26) P2umbin~r ~e~evi·~onr 'o--~£o. , Electr£cal Bi2·· and Such ReFair I '*(27) Theater·r no~ Outdoor ,Lye-Se Type .(28)( To~ S~oF·· ' 20 ) Cu·to~ aanu~ac~ur~n and Re I~o) ~ (32) Tceve~ Bureau· 33) variety S~ore·r 5/10 Cent Stores, Storeso~ Sheller Nature 34) We&r~n A Eel I (35) Bin · Say n · Loans Cred£~ Unions Other Financial Institutions *(36) Public ~ara · Park~n Ram (39) Bu~ldLn~ aa~artal Sa~es of Reta£1 ~ature in Totally Bnclosed But~dtnq Fab, to S~orem 411 Camera/Photographic Suppl ( 42 ) ! (44(431 ~ed~calOf~'Sale L~quo= Stores (45 S~°rtiflg Goods Stores (461 Pet Sho~· C47) Hardware Stores I  4.133 Perm£tted Accesso=~ Uses, B-4. The following are permitted accessory uses An a "B-4' I · Ill Less Intensive Use O£sCr£ct. All permitted accessory uses £n a ~8-3' District. I 4-70 · 07~684 i D£s~r£c=~ (Requ~=es 'a condition&l use permit based upon procedures set forth in and regulated by Section 4.20, and conformance where applicable, with Chapter 3, Sign£ng). (1) Less ~ntensive Use District. All conditional uses, subject to the same conditions as allowed in the B-3 Districts excluding any 'B-S" conditional use listed as 'permitted" in "B-4". (2) Planned Unit Development - Commercial. Commercial pl&nnad unit development as regulated by Sect£on 4.19. (3) Trainin~ Schools. Training schools, provided (a) As Principal Use. The school is operated es an adjunct of the principal use to provide training for the consumer, distributor or installer of the product, process or service which is sold, distr£buted or manufactured under the principal use. (b) Code Compliance. Proof of compliance with City and State (c) Perklflq. Adequate on-site parking is provided so that no customers, visitors or employees are required to par~ business as & result of the operation of the school. Veterinarian Clinics. When all facilities are totally enclosed, and procedures end construction which will couply with the noise aequlation portion of this Code ere approved by the City. ($) Deleted. (Code 072684, 85-22) 4-71 072~84 t 4.1~4 (~)(~, 4.1~4 (~) (,)-~) l {~) ¢o-"rcial_~re~lon_~aclll~lee. (&) Access. ~he site o£ the p=opose4 use has /,~ ~ &ccess to an a=~e=ial at=ee~ am de~ln~ in ~he Ci~ C~e, ~i~hou~ u~ilizing public a~ree~a o~ a lower ~ra~lc handlimq classification ~o reach ~he arterial a~ree~, (b) P~ozimi~y ~o Reliden~ial. ~e periM~e~ o~ ~e aide, as legally desc~ib~ residential zoning c~asst~tca~ton, or ~aclll~ie. are enclosed such ~ha~ B a=chl~ural ap~=anee and func~io~l p~an se ~he building and sA~e shall no~ ~ dissimilar ~o ~he ~isCing ~ildings or as ~o ~use A~Lcunc ~o p~oper~y uluea or ~naC~uCe a blighting influence. B (d) Screening ~rom Residen~ial. hrking ar~s shall ~ K~n~ ~rou view o~ ~esiden~AaL dia~ric~, and IhiL~ ~ ~rb~ vi~h ~n~inuouo concrete ~rba ao~ less ~hafl six inches high a~e ~he ~rkiflg lo~ or ~ivevay grade, a~ ~he '~Eb line.  Ce) Access. Vehi~lar access ~A.ts shall ~ amd design~ and ~ns~ruc~.~o cr~te a ~n/m~ se ~fl~lict vi~ ~hr~gh n ,,, Li~h,inq Shield,.' All lAsh, Lng .ha,, ~ _ ho~ and M dLrec~ that ~he light source As no~ v/sAble ~r~ the rLgh~-o~y or ~r~ a resAden~Aal Mae or use. ; CS) ~e entire a~u o~her ~han Surfacing. ~cupL~ ~ buildings, s~ruc~ures o~ plantLnga shall ~ su~aced vi~h bA~u~n~o o= ~ncre~e m~erial ~ich wall eon~ro~ and draA~ge. ~he m~erAal and grading ~ sub3~-~o ~he approval o~ ~e C~y. __ (h) ~ndseaoAn~. ~ndocap~ng shall ~ pr~id~ -- ~d ~e ~y~ o~ pXan~Ang M~erAaX and nu~r and sase o~ p~an~s shaXl ~ sub3~ the appr~aX of ~e Ct~y. (Ord. 85-32) I CITY OF NEW HOPE DATE: February 2, 1996 TO: Planning Commission Members FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Miscellaneous Issues 1. January 8th Council/EDA Meetings - At the January 8th Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Project #545, Motion Approving Ouote by Hy-Land Surveying in the Amount of $300 to Survey City-Owned Property at 6067 West Broadway - Approved and survey has been completed. B. Projects #545, #548, & #549, Motion Awarding Contract for Asbestos Building Surveys of Three City-Owned Properties Including 6067 West Broadway, 5559 Sumter and 7621 Bass Lake Road - Approved and surveys in process. C. Resolution Relating to Lot 1, Block 1 and Outlot A, Five Thousand Winnetka 2nd Addition - Approved; all improvements at Navarre Corporation completed. D. Project #514, Resolution Approving A~eement with CEI Convention Services, Inc. to Provide Booths for the 1996 Northwest Suburban Remodeling Fair - Approved; see attached Remodeling Fair advertisement. Commissioners are invited to attend. E. Pro|ect #536, Approval of Plans and Specifications and Authorization to Call for Bids for Ice Arena Expansion - Approved; bids will be opened on February 7th and considered by the Council on February 12th. F. Pro|ect #550, Approval of Plans and Specifications and Authorization to Call for Bids for Ballfield Reconstruction - New Hope Elementary School - Approved; see attached Council Request for more information. G. Ordinance 96-1, An Ordinance Amending Planning Commission Membership and Appointment of City Councilmember as a Planning Commissioner - Approved; see attached Council Request for more information. H. Project #537, Discussion Regarding 1996 Shop Neighborly New Hope Promotion - The City will be conducting another Shop New Hope campaign this summer; see attached EDA Request for further information. I. Resolution Approving Contract with TwinWest Chamber of Commerce for Minnesota Real Estate Journal Property Tracking Data Base Program - Approved; see attached EDA Request for further information. 2. January 22nd Council/EDA Meetings - At the January 22nd Council/EDA meetings, the Council/EDA took action on the following planning/development/housing issues: A. Project #529, Resolution Awarding Contract for 500,000 Gallon Elevated Storage Tank Rehabilitation Project to Odland Protective Coating in the Amount of $272,850 - Approved; see attached Council Request for more information. B. Resolution Authorizing City Manager to Negotiate and Enter into a Contract with Scott Shore/Creative Representative for the Production of the New Hope City Report - Approved; see attached Council Request for more information. C. Project #537, Resolution Approvine Agreements with Kev Group Advertising for Billboard A~eements with Naegele Outdoor Advertisinll for 1996 Shop Neighborly New Hope Campaign - Approved; see attached EDA Request for more information. D. Resolution Approving Submission of the ~Minnesota City Participation Program (MCPP). Application to the Minnesota Housing Finance Agency (MI-IFA) - Approved; see attached Request for more information. E. Resolution Approving First Amendment to Section 8 Housing Assistance Payments Prol~ram Contract No. C-94-56 for Administrative Services Between the Metropolitan Council and the City of New Hope and Authorizing President and Executive Director to Execute A~eement - Approved; see attached EDA Request for more information. 3. Codes & Standards Committee - Met in January to continue discussions on flashing/moving signs and the recently enacted 60-day zoning legislation. These issues will be further discussed in February. Per staff's recommendation, the Committee will also undertake a study on pawn shops, as New Hope currently has no regulations on this use. 4. Design & Review Committee - Met in January to review a routine industrial building expansion by Taber-Bushnell. Will be meeting in February to review revised plans for the Car-X development on the Lasky property. The revised concept plans have been reviewed by the City Manager and staff and include attaching the buildings instead of constructing a separate building, thus the request would be modified from a PUD request to a CUP request. The revised plans address the traffic circulation problems inherent in previous plans. 5. Quarterly Reports - The fourth quarter reports for planning/development, housing and engineering are enclosed for your information. 6. Planning Commission Applications - The City has received several inquiries regarding interest in serving on the Planning Commission and the City Council will probably be conducting interviews in February. 7. Land Use Planning Workshops - Government Training Service will again be conducting Land Use Planning Workshops for Planning Commissioners in February, March and April. Please review the enclosed information, and if you are interested in attending, please make arrangements with Pam (531-5110). We will be glad to coordinate your registration and there are funds available in the Planning Budget to pay for the training. 8. Miscellaneous Articles - Enclosed are articles from APA Zoning News, Planning Minnesota and the Zoning Bulletin which may be of interest to you. Attachments: Remodeling Fair Advertisement Plans & Specifications for New Hope Elementary School Ballfields Planning Commission Membership Ordinance Shop New Hope Promotion TwinWest Property Tracking Data Base Water Tower Rehabilitation City Newsletter Production Billboard Agreements First-Time Homebuyers Program Metro HRA Agreement 4th Quarter Reports GTS Workshops Miscellaneous Articles 996 Northwest Suburban Remodeling Fair Saturday, March 16, 1996 10:00 a.m. to 3:00 p.m. Park Center High School 7300 Brooklyn Boulevard Brooklyn Park MN The Cities of Brooklyn Center, Brooklyn o Artful Flower and Vegetable Gardens Park, Crystal, New Hope, Robbinsdale and o New Bath and Bedroom Suites Northwest Hennepin Human Services o Interior Design with You in Mind Council invite you to join us at our 1996 o Financing Your Remodeling Dream Remodeling Fair. This will be the fourth annual Remodeling Fair and the past events Prizes will be awarded throughout the have been very day and refreshments successful, will be sold. The Fair will be free and open to · $10.00 Off Early Registration The purpose of the · Ho~pitalltTRoom for Vendors the public. F a i r i s t o e n c o u r a se · Dbenuntad l~'i~ for More than home owners to make One Booth If you choose to improvements to their · Star and Tribune Adverfisements participate in this homes. The event · CableTelevlsion marketing event, return CommercialdAnnouncements the enclosed registration proved last year to be an · Over 2,S00 Attendees excellent opportunity for form that provides the members of the home necessary details improvement industry to r e g a r d i n g b o o t h demonstrate the benefits of their products registration. Booth space is limited so we and services, encourage you to return the registration form today. Receive $10.00 off the regular The Remodeling Fair will include over booth price if you register by January 19, 100 exhibits from local contracting 1996. Final registration deadline has been businesses, lending institutions, local extended to February 16, 1996. If you have manufacturers and municipal inspections, any questions, please contact ... The following workshops/seminars have been scheduled for the 1996 Fair. Stacie Kvilvan& City of Brooklyn Park 493-8089 o Best Buys for Your Remodeling Dollars o Designs for Kitchens of the 90's or o Designing Entertaining Yards o Fully Functional Decks and Porches Kirk McDonald, City of New Hope o Basic Home Maintenance 531-$119 o Color Your World with Painting Techniques COUNCIL RE IJ'F, ST FOR ACTION Originating Department Approved for Agenda A&enda Section Plannin8 & Parks and Recreation ~ 1/8/96 Development Item No. B~. Shari French B~. 8.2 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS FOR BALLFIELD RECONSTRUCTION - NEW HOPE ELEMENTARY SCHOOL ( IMPROVEMENT PROJECT 550 ) Approval of plans and specificationsand call for bids is sought by staff for ballfield reconstruction including some storm sewer improvements for New Hope Elementary School. The City's parks and recreation department uses the ballfields at New Hope Elementary spring and summer for you=hand teen programs. At the presen~ time the fields are less than adequate. They flood with very ii=tie rain and become unusable. The backstops and players benches need work as the footings have risen due to frost heaving. The fields need to be raised to provide for adequate drainage. The facility is becoming unusable because of the safety issues involved. The School District uses this facility for the elementary school's physical education programs as well as their recess site. Cooper High School uses the facility for its~girls' competitive softball program as well as its competitive fall soccer program. If construction were to happen in conjunction with the Ice Arena project, the ex=fa fill from the Arena can be used at New Hope Elementary. The engineer speculates that this will save =he City MOTION BY SECOND BY money as the fill from the arena~will then not have to be haui~ off and disposed of. If the project were to happen later in ck~ future without fill provided by the City, it would become expensive to bring fill to the site. This way the needed fill is hauled away from the arena and used on the ballfields. City staff met with school district staff on December 22nd to discuss this idea of improvements at New Hope Elementary. District staff is enthusiastic and offered that if the facilities are not improved that Cooper athletics will no longer be able to be played there because of the safety issues involved. Construction scheduling is critical to the district staff as they need the outdoor facilities in the spring through the first part of June and again in the fall as soon as school starts. As outlined in a letter from Mark Hanson to Mr. Jim Dahle, staff suggested that the School District be responsible for the storm sewer cost of the project, approximately $45,000. The school board would consider this in February. If the facility is upgraded, the City could use the new ballfields for an evening youth softball program as well as a new fast pitch softball program for teens. Both programs are needed but cannot be accommodated at this time because of a lack of adequate facilities. Staff recommends approval of the Plans and specifications and a call for bids for the ballfield reconstruction and storm sewer project for New Hope Elementary School. Staff further recommends that bids be considered on March 11 as by then the School Board will have had a chance to discuss the project. Funding is recommended to come from surplus CIP. ~ COUNCIL REQUEST FOR: ACTION Orlgtrlatlrlg Department Appr~v~-d for Agenda ~ .e~.~-t~on Ci~ Manager & l~esolufions Kirk McDonald ~'] 1-08-96 Item No. Management Assistant I~.~/ 10.1 ORDINANCE NO. 96-1: AN ORD~IANC£ AMENDING PLANNING COMMISSION MEMBERSHIP AND APPOINTMENT OF CITY COUNCILMEMB£R AS A PLANNING COMMISSIONER Section 2.132(1) of the City Code, which discusses th~ composilio~/number of members on the Plannin~ Commission, currently smms tim "The Plsamh~ Coa, a~loa ~ consist of ten members sppoiat~d by the ComaeiL" The Commission bas no~ co~ist~ of ten members for many years and staff recommend thai the ordimm~ b~ amended ~o r~flect wbaI is the present situation and to allow the Council/reaCt fl~-xibili~ in ~ membership number. The Cornmi-~qion currently cons/st· of s~ven members and has roulindy c. on.sist~ of eil~hl members. Sm/f and the Commis~'on fed that ten members is mo lar~ of a/roup, however thai is currently mandamd by ordinan~. Th~ City AtWrn~ bas ~ tb~ al~hed ordinance which would emend th~ ordimm~ to read tim "The Pls~ag~ Coauais~n ~sv consist of uo to ten members sppoiat~l by the Coaaeii." Section 2.132(3) of the Cod~ which discusses a Coun~i!memb~r bein~ a tenth member of the Commlssioll, currently ~ tb~ "The CoRgi[ ~ ·pp~llt · ~a~b~. of the Council to be the tenth memb~' of the P[smlimf Commis~l~, ...". If fll~ Coundl is al/l~eabl¢ to the amendment allowin~ mm flt~xibility in th~ number of Commi-~ionors, and not requ/rinI a maximum of ten members, then this se~don of th~ Cod~ would also n~d to b~ mended. The at~ached ordinanc~ revis~ th~ cun~ ood~ to ~ tha~ "The Commeii ms~, ·ppoiat · member of the Council to s~rve o, the Plsnaiaf Commission ...". Staff recomm~/s appro~ of th~ proposed ordinan~ amendmeni~. ! ORDINANCE NO. 96-1 '-~' AN ORDINANCE AMENDING PLANNING COk~[SS~ON MEMBERSHZP AND APPOZNTMENT OF C~TY COUNCZLMEMBER AS A PLANNZNG COMMZ$SZONER The City Council of the City of New Hope ordains: Se~ion 1. Section 2,132 (1)"Number" of the New Hope Code is hereby amended to read as follows: (1) Number, The Planning Commission e~=1-1- may consist of up_ to ten members appointed by the Council. Every member shall, before entering upon the discharge of duties, take an oath that he will faithfully discharje the duties of his off~cs. Section 2. Section 2.132 (3)'"Councilman May ~ Tenth Member" of the New Hope City Code ia hereby to read as (3) Councilman May be ~-ee~l~Member. The Council may appoint a member of the Council to =; ~;.. ............ .-..... ...-...--. ..' serve on the Planning Commission who aha11 serve a term expi. ring on the f~rst business day of January in the year following the year appointed, Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1996. Edw. J. Erickaon, Mayor At t est: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the day of , 1996. ) EDA REQUF~T FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA  1-08-96 Kirk McDonald Item No. By: Management Assistant By:. DISCUSSION REGARDING 1996 "SHOP NEIGHBORLY NEW HOPE" PROMOTION (IMPROVEMENT PROJECT NO. 537) City staff recently met with Key Group Advertising, Inc. and requested that they submit to the City a proposal for a 1996 "Shop Neighborly New Hope" promotion. Their preliminary proposal is attached for review and comment by the EDA. If the EDA is favorable towards proceeding with a 1996 campaign, staff would recommend that a Steering Committee meeting be held at the end of January so that the Committee can also review the preliminary proposal and make recommendations for changes/revisions. The total preliminary estimated cost from Key Group for the 1996 campaign is $46,015, and in 1995, approximately $17,000 was collected in revenues from participating sponsors and businesses. The Finance Director has indicated that adequate EDA funds are available for the promotion in 1996 ff the EDA is so inclined. Staff requests direction from the EDA on this matter. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 KEY GROUP ADVERTISING INC January 3, 1996 Terri Welding City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428-5898 Dear Council Member Wehling: We are pleased to provide the enclosed proposal for the second annual SHOP NEIGHBORLY NEW HOPE city-wide campaign. The project was a highlight of 1995 for us and we know that this year with your commitment and that of the city it will have even more impact. The attached proposal is a starting point only, subject to Steering Committee revision. While we do not yet have a contract from Naegele due to Tracy's vacation schedule, the amount budgeted should accommodate the billboards we discussed. Also please note that, based on last year's agency time investment of over 300 hours, we feel that a $7,000 fee would be equitable again for this year. Should you have questions or if we can be of any other assistance, please call me at 375-1080 ext. 726. We look forward to working with you on this exciting project. Best Regards, Vice P~/Geno ~ager Advertising · Public~ :;23 _<ourh E~ghrh Street · M,nneaooi,s %lmnesota 55404-1078 Phone oil ]-~.It~s~.FAN 012 ]42-2239 .A ~raus-Ande~on Company Proposal for The City of New Hope "Shop Neighborly New Hope" Prepared by Key Group Advertising, Inc. January 1996 Situation Analysis The City of New Hope is a community of 21,853 people and approximately 260 businesses. There are 8.525 households of which 4,900 are single family homes and 3,625 apartments. Last year, concern over business closings and increased competition from outside the community prompted city and business leaders to spearhead "Shop Neighborly New Hope," an innovative five-week multi-media campaign designed to encourage shoppers to support local business. Response to the campaign was very favorable. Over 125 businesses paid from $25 to $1500 to participate in the campaign as sponsors. The kick-off event generated television, radio and print coverage, and thousands of atmndants. Surveys show that the overwhelming majority of participants responding felt the campaign met its goals and would support the campaign again. Marketin~ Ohiectives To amplify the positive effects of 1995's Shop Neighborly New Hope Campaign by · Increasing public awareness of New Hope's variety of goods and services · Encouraging patronage of New Hope stores and businesses · Tying store/business visits to measurable sales results Marketing Strategv A five-week multi-media campaign "Shop Neighborly New Hope" with new and refined elemen~ designed to implement the above objective~ Markoting Plan · Kick-Off event June 12- "Duk Drop and Shop" at Civic Center Park held in conjunclion with the City's summer concert series: with helicopter Duk Drop of 2.000 plastic ducks redeemable for business-donated prizes: live music, food and family activities. · Tabloid: Four-page, full-color tabloid inserted in Sun Post and Star Tribune and distributed to all New Hope businesses; featuring illustrated map of New Hope businesses and officiai "Play Shop Neighborly New Hope" game. · Play Neighborly New Hope game flyers: Featuring a directory of participating New Hope businesses and spaces for six stamps. Players complete game by visiting six New Hope businesses and receiving stamps. Completed games can be deposited as registration blanks for prize drawings of Duk-Bucks. Game boards will also be featured in print advertising and the tabloid. · In-Store specials: Newspaper and tabloid advertising will refer shoppers to look for Shop Neighborly New Hope specials in participating stores through Duk Duk Daze · Prizes: In addition to business-donated prizes redeemable at Duk Drop, $2500 in Duk-Bucks girl certificates will be given away to winners of the Neighborly New Hope game m drawings during Duk Duk Daze week of July 10 · Billboards: Featuring Shop Neighborly New Hope logo and new headline · Banners: Additional stmetlight banners with Shop Neighborly New Hope logo and high-visibility banner on water tower on Hwy. 169 · Newspaper: weekly ads in Star Tribune and Sun Post newspapers · Internal Communications: The elements and oppommities for business participation in Shop Neighborly New Hope will be presented in campaign kits distribmed at a Shop Neighborly New Hope breakfast meeting scheduled approximately 2 months prior to the campaign. Estimate City of New Hope "Shop Neighborly New Hope" Four-Week Campaign with 1995 cost comparison January, 3, 1996 1996 1995 Kick-Off Event Wednesday, June 12 $2,500 $2,500 Includes 2,000 plastic ducks: event coordination assistance and on-sim staff'mg assistance at event Logo NC $880 Design. layout, production Tabloid $14,000 $16,200 4-color, two-sided. 21" x 15" folded twice: to include new cover art: revised map: back cover "gameboard" an; concept, design: layout, production, film, printing, insertion and distribution; qty. 57,000 Billboards $7,400 $5,850 (5 boards) Six boards located in New Hope, four weeks New headline Newspaper $9,200 (8 b/w ads) Four ads. 112 page, black + one color $4,900 includes production and media Four ads, 8" teasers, black & white $1,050 NA includes production and media Flyers $1,300 NA 8 1/2 x 1 I", 2-sided, 1/2 color "gameboard'- qty. 10,000, inserted in City newsletter and distributed to busineses; concept, layout, production and printing Banners $515 NA 3 a-color. 28" x 84" Kids 3 a-color, 28" x 84" Father/Son One ,~-color, 30' x 50' banner on New Hope water tower '$3,500 NA painmd on vinyl and reusable; to he installed by city (optional 50' x 50' for $4500) Registration Boxes $1.200 $3,815 (15" boxes) 170. 5" x 6" x 9" with 11" x 6 1/2" header card and four-color logo Decals NC $1.500 (500 decals) · (qty) 2-sided. 5-color. 5" x 5" ~, l use overprint from 1995 Duk Bucks $2,500 $2,500 Redemption value Production/printing of 500 3" x 7", one-color, 2-sided Duk-Buck gift certificates $150 $150 (500 bucks) Account Management/Publicity $7,000 $7.000 Client meetings/communication, campaign concept, estimating, production and distribution of campaign kits. press kits/PSAs, monitoring program implementation, deliveries, follow-up and research, March-July Total $46,015 *This esUmate d(Ms not include tax. Estimat~l costs are accurat~ to within 10 pea'cent of the total cost indicated i nthe estimate. Estimated costs a~ based on normal preparation time and do not allow for oveflime charges. Overtime charges will be billed to the client in addition to estimated costs. Client alteFations will be valid in addition to estimated cOSL~. Estimates are valid for a period of 60 days from the above. Shop Neighborly New Hope! .See back for instructL .~s. III $ 3 Register to Win Duk-Buks! Name: · ~, Phone Number: T~ ~ n~ ,~e A~ ~n a D~-&ov TM s~i~ ~e ~ ~e I c~n't ~,~t so I ~an. P~e dr~ off at any Star ~. ~ ~; Sh~ Ne~ Ho~ ~ ~ w~'t fi~ ~ INSTRUCTIONS: NO PURCHASE NECCESSARY'. Just stop tn at any six Star Retailers listed below and have themstamp your card. When all six spots on your game card have been stamped, fill out the registration form and leave the gameboard at any Star Retader. You will then be entered in a drawing for Duk-Buks, good for merchan- ( -~' dise and services all over New Hope. Drawing will be on July 15, 1996. Good Luck! Shop Neighborly New Hope Star Retailers 1996 ACCOUNTING $6 ~Abl~y C~l~t, 4371 Winnetka Ave., 533-1945 18 ~rDe~le¥, Jerry Accounting Office, 7600 Bass Lake Road, 533-8649 166 ~The C,~petShoppe, 2763 Winnetka Ave., ~46~080 20 Dom & Associates, 7600 Bass Lake Road. $33-7689 108 ~rGepnef & Gepnef, 4124 Quebec Avenue, 536-0396 CHIROI~ACTORS 204 Lee Ganz Accounting Service, 2738 Winnetka Ave., 542-9633 199 Falk, Randall, 2738 Winnelka Ave., 546-8622 11 Marce~ Rehaume Tax Service, 7801 Bass Lake Road, 5354780 112 Heartland Chiropractic, 4124 Quebec Ave., 536-5400 19 TetzIoff & Hoilowa~, 7600 Bass Lake Road, 537-3011 69 tEoddonl ~ Cbi~ Center, 4221 Winnetka Avenue, 533~3654 205 Todd Dotzenrod, CPA, 2738 Winnetka Ave., 541-4914 58 WW~nnet~a Chiropractic, 4351 Winnelka Ave., 53(~1112 APPAREL CHURCHES 155 ~Ba~ain Britches & Toys, 9402 36th Ave., 546-6227 Beautiful Savioe Lutlteran Church, 3351 Independence Ave. 165 ~lrCla~sic Re-View, 2769 Winnetka Ave., 54~0637 Crystal EvanBelicai Free Church, 4225 Gett~/sbu~ Ave. 89 ~Down On 42nd Ave., 7180 42nd Ave., 537-3374 Hob/Nativity Lutheran Church, 3900 ~mnetka Ave. 176 *Extra Special, 2721 Winnetka Ave., 545-1633 HolT Trinity Lutheran Church, 4240 Ge~/sbur~ Ave. 86 Gl Joe Surplm Stoee, 7180 42nd Ave., 533-9851 Home of Hope Lutherm Church, 4800 Boone Ave. 84 ~rKu~penheimer Men's Clothie~ 7700 42nd Ave.,$33-3077 81 ~New Hope Church, 4217 Boone Ave., 533-5273; 533-2994 35 Wedding Chapel/Formal Affair, 7201 Bass Lake Road, 533-4228 208 tPa~h Commueily ofSL Jmeph, 8701 36~h Ave., 544-3352 ARTS & CRAFT~ 77 ttOid Ame~ca Store, 4350 Xylon Ave., 537-0585 134 *Hot Comic~ & Collectibie~, 3550 Winnetka Ave., 593-1223 A1TORNEYS CONVENIENCE 193 Bailey, Kyte A~oci~t~, 2738 W~nnetka Ave., $41-0320 ~1, Bmoi~ Foo~, 6113 W. Broadway, 533-4249 11 ? Be~e~, Stq~he~ 4124 Quebec Ave., 533-4999 4~ tF~t Lane Madmt, 6026 W. Broadway, ~33-5387 203 G~, Pamela 2738 Winnetka Ave., ~42.9888 ~S ~rF~tzel~ ~ 6028 W. Broadway, 537-9111 ~1 ? Jokmofl, PhitliR 4124 Quebec Ave., ~37-2720 94 Tom Thumb, 7141 42nd Ave., ~33-S799 150 Miller, Robe~t/Geoit~y 9405 36th Ave., $42-3030 185 Tom Thumb, 2720 Winnetka Ave., 546.2344 11 ? Ol~ofl, Richa~141:24 Quebec Ave., D~NTAL/OIITHOI~TI~S AUTO CARI~ 66 Alpha Oefltal, 4227 W~nne~ka Ave., 183 ~tALFA Muffler & Brake, 7900 Medicine Lake Road, 541-1984 3~ ~Bam Lalm Oental, 7123 8ass lake Road, $33-~3~9 102 ~Autoham of New Hope, 7709 42nd Ave., 535-~?07 159 WBo~, Stt~he~ DDS, 9413 361h Ave., 546-~707 184 I~'~ie & Jim's M~dland Amoco, 7800 27th Ave., ~46-1334 10 Ca~te~ Den~, 7801 Bass Lake Road, $33-8554 138 Bi~ Wheel Ro~i, 3532 36th Ave., $42-84~2 79 tl4e~ita~e Oefl~ll Center, 8500 42nd Ave., 337-6070 88 Champion Auto, 7140 42nd Ave., $35-3661 200 Ki~ Micha~ ODS, 2738 VV~nne0ca Ave., 544.$919 89 ~Cook Automotive I:nteq~i~e~, 7100 42nd Ave.,$35-3661 80 ~'M~, Jaln~, OO~, 8500 42nd Ave., 537-0100 1 ~3 tFina Mart, 3535 W~nnetka Ave., ~46-8350 1&3 ~tR~ O~hodontic~, 9401 36~ Ave., 544-8745 122 First Line E~ine, 4~ 25 Ore,on Ave., 533-0237 91 Tec~nlc~ Oental Af~, 4215 Louisiana Ave., $33-I 106 ~'42nd & Winne0~a Unoc~ll ?&, 4200 Winnelka Ave., $35-~99 3& WinfletEa Oefltal, $001 W~nne0ca Ave., 5 Ken'~ Auto Repai~, 7901 Bass Lake Ro~d, 536.7847 190 ~Wmbet, Paul T., DOS, 27?5 W~nne~a Ave., 545-3010 15 Mida~ Muffler, 5604 Winne~a A~., $33-2509 164 tMobil Mart, 9400 36th Ave., 391-5960 DISCOUNT ~l'o~r~ 83 ~,New Hope Ca~ Wash, ?820 42nd Ave., 537-I 682 ?$ WK. Ma~t Discount Sto~e, 4300 X¥1on Ave., ~35-4830 14 tNew Hope P~eci~ion Tu~e, ~600 Winnetka Ave., 533-3903 ~8 ~'Value Village Tl~ift Slope, ~223 W~nnetka Ave., 142 ~New Ho~e 76, 3601 Winnelka Ave., ~46-8481 37 ~'New Hope Texaco. Div. TAPOA I~nt., Inc., DRIVING ~Ci~ 98 Rapid Oil Chan~e, 730~ 42nd Ave., $33-4223 15~ tSu~ D~vir~ Scko~i, 9412 36th Ave., 457-~?~3 187 Sinclair Service Stat~o~, 9456 27th Ave., 546-3936 A ~Supe~Ame~ca, 61 ~J, W. Broadway, ~36-8880 OItUG SToItrdPHAItMAC~ 1 ~1 ~Tit~s Ptm, 3520 Winne0ca Ave., $25-1583 179 ~r~n~def 0~1~ Store, 2705 W~nne~ka Ave., 30 ~'Tom's New Hope Spur, 7300 ~3ass Lake Road, $3~-1 ?92 128 ~Wal~, 3566 Winne~a Ave., ~45-3616 97 Total Mart, 7231 42nd Ave., $33-4540 31 Total Petroleum, 7117 Bass Lake Road, ~37-2088 DRYCLFANING/I. AUNDRY/ALTL~RATION~ 4 ~rWinnetka Amoco, 7900 Bass Lake Road, 535-0~80 67 Clea~ '~ I~,~, 4225 Winnetka Ave., ~37-3250 BUSINESS SER¥1CI~S 172 ~HallmarE Cleaner~, 2741 V~nnetka Ave., 545.0010 167 '~Falcon Prlntinp,, 2761 VV~nnetka Ave., $93-510~ 188 Midlam~l No~e Or/Cleane~, 8016 27th Ave.. 11 3 I~Site System~J, 1nc., 4124 Quebec Ave., 537-0999 14? ~rPil~rim Clea~e~, 9418 36th Ave.. 73 ~rMail Box~ Ftc., 421 ~ Winnetka Ave., 336-8989 150 ePo~t Haste Tailor, 9436 36th Ave., $46-0011 38 ~rNorthland Printi~n~, 4954 Highway 169, $35-2398 171 WPostal Sea, ice Plu~, 2?45 V~nnetl~ Ave., ~9~-9484 18& Sew What!, 2722 V~nnetka Ave., ~44-4285 144. ~rPrintmakef~, Inc., ?980 36th Ave., B Sable Adve~ti~i~$_~tem~, Inc., 2730 Nevada Ave.. ~44-9~88 ELFCTRONICS 40 ~rS~ Speed% 3749 Imemational Parkway, ~3~-0703 202 WinS Wholesale Electronics, 2~38 W~nnetka Ave.. 198 Soft, are Qualit~ En~ine~ n~, 2,"38 V~nnetka Ave 341 -~ 431 120 Sound Cli~, 4~ .4 C~uebec ~'~e.. 333~2813 " 90 -~Totai Re~ster Swtem$, 421 ~ Lomsi~na Ave., ~37-1906 EMP%OYMFNT S~R¥1CE$ 195 ~tWord Ove~loa~l, 2~38 W~nnetka Ave.. 546-33,"3 12 AsF~n Employment ~ervice, ~801 Bass Lake Road. ~3%13~ Li' 118 Constant $~f~n~ 5ervice~, .1.! 24 Quebec Ave.,  LDA ~ REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA 1-08-96 Kirk McDonald Item No. By: Management Assismt By:. 5 RESOLUTION APPROVING CONTRACT WITH TWINWEST CHAMBER OF COMMERCE FOR MINNESOTA REAL ESTATE $OURNAL PROPERTY TRACKING DATA BASE PROGRAM City staff have been coordinating with the TwinWest Chamber of Commerce and other member TwinWest cities regarding a property tracking data base to track vacant and available property in our cities for business attraction/retention purposes. The cities felt that it would be more cost effective for the Chamber to administer the service and make it available to member cities. TwinWest solicited proposals from several tn'ms in 1995, and has selected the data base offered by the Minnesota Real Estate Journal as the best system based on both services and lower cost. TwinWest is proposing to administer the use of the Minnesota Real Estate Journal Property Tracking Data Base in the Chamber office and allow each city to receive their own copy of the data base. Each city would receive software to run the program, a disc with current information about commercial/ industrial space availability and periodic updated discs of that information. This would be a one-year agreement, renewable on an annual basis. The cost would be $750.00 per city for the first year and the annual cost is estimated to decrease to $600.00 per year thereafter. There are funds budgeted in the 1996 EDA budget for this activity. Staff receives a number of inquiries each year about industrial/commercial space availability in the City and feels that this program would greatly improve staff's ability to respond to requests for information. Other program benefits and the tentative timeline for program implementation are outlined in the attached correspondence from TwinWest. The enclosed resolution approves participating in the program for a one-year period. Staff recommends approval of the resolution. · - J Review: Administration: Finance: RFA-O01 ~ TWI ST CHAM B E R OF COM M E ROE Contract for services City of New Hope and TwinWest Chamber of Commerce Proposal - December 1, 1995 INTRODUCTION A City staff person in the TwinWest area was approached by a company who offers a property tracking data base. This City could not justify the full cost of this data base for the amount they expected to use the system. It was suggested by this City staff person that the TwinWest Chamber look into contracting for the property tracking data base which could be accessed by the Chamber as well as all member cities for the purpose of business retention and recruitment in the area. BACKGROUND TwinWest staff met with and solicited proposals from two companies who offer property tracking data bases. After a full year of negotiations and comparisons TwinWest has selected the data base offered by the Minnesota Real Estate Journal as the system best suited based on both services provided and lower cost. A representative from each member city attended a March 1st meeting with MN Real Estate Journal to see first hand what the system can provide. This meeting was concluded with the consensus that this system can be of benefit and Chamber staff was asked to submit a formal proposal to each city for approval. PROPOSAL TwinWest proposes to set up and administrate use of the Minnesota Real Estate Journal Property TraCking Data Base ~ the Chamber office, allov~.ng each City to receive their own copy of the data base as an additional facility. By participating in this program each City will receive the appropriate software to run the program, a disk with current information about commercial/ industrial space availability in the metro area and subsequent updated disks to that information. This will be a one year agreement, renewable on an annual basis. As a part of this agreement TwinWest will appoint one staff person to serve as the liaison with the MN Real Estate Journal and to facilitate the insiillation, update and use of the program. We ask that participaiing cities should be prepared to appoint one staff person to serve as the primary contact for this program as well. FINANCIAL CONSIDERATIONS City Investment: (based on 7 city participation) 1st year investment $750 per city 2nd year and beyond estimated $600 per city 'f0550 WAYZATA BOULEVARD · MINNETONKA, MINNESOTA 55305 · t612) 540-0234 Crystal, Go/den Valley, Hopkins, Medicine Lake, Minnetonka. New Hope. Plymouth. St. Louis Park OTHER CONSIDERATIONS Benefit to Participatin~ Cities: * Access to property tracking system for $1,2.50 less than setting up independently first year. * Constantly growing data base * New ability to respond to inquiries regarding space available * New ability to generate comprehensive reports on available space in city * Access to comparison market data on space available Benefits to TwinWest Chamber * Excellent business retention and recruitment tool for Chamber * Ensures access to necessary information by member cities * Provides quality service at discounted price for member cities * New ability to respond to inquiries to Chamber office about space * Access to market comparison data on space available CONCLUSION The TwinWest Chamber of Commerce views this proposed partnership as an asset to everyone involved. This partnership provides '"ouying power" to get a quality tool for business retention and recruitment at an affordable price. Our meeting~ with the representatives from MI~ P-.EJ have been impressive and our decision to work with them is based on a more competitive price and the customer service they have provided already. They are eager to make this program work and are wiilir~g to be very flexible in order to put together this unique partnership and to serve our needs as we progress with the system. TwinWest does not intend in any way, nor does it encourage the cities, to compete with our area real estate brokers. We are merely trying to provide a service to keep information about opportunities flowing to those who inquire: TwinWest will conl~nue to provide a list of member brokers, along with the new space available information, when responding to inquiries. TENTATIVE TIMELINE December ! Proposed contracts submitted to cities for approval December 31 Commitments received from participating cities January 1996 Program distributed to TwinWest and participating cities June 1996 Meeting to review effectiveness, make suggestions for improvements December 1996 Option to renew contract for second year Larry S. DoweIl, President Authorized Signature TwinWest Chamber of ~ommerce City of New Hope Date ?:2-/-- Date. O~~g Dep~ent ~p~d fo~ ~enda ~da Section ~blic Works 1-22-96 & Piing Je~n~ Cl~cy Item No. ~ 8,1 ~SOL~ON AWinG CO'CT ~O~ 5~,~ G~LON ~L~A~D STO~G~ T~ ~~ITATION P~O~CT TO ODL~ P~O~C~ COA~G ~ ~ ~O~ O~ $~7~,~0.~ ~O~~ P~O~CT NO. 5~9) On D~mbe~ 11, 199~, ~e New Hope Ci~ Coumc~ appto~ pl~ ~d sp~i~cafio~ ~d ~ffo~ ~ ~clude compile ~emov~ of ~e ~imB ~ om ~e ~ow~t, app~cafiom of mew ~ume ~d ~ compline 6y AuXin, 1 ~6. Bids we~ o~ for ~ pm~ om ~ lT, 1~6. ~ fo~o~B 6id~ w~te Odl~d Pm~e:i~e CoafimB $~,8~0.00 D~lou~ P~B 2~7,~.00 ~ Coa~mB~ 314,0~0.~ Pm~. acfi~fi~. ~ addifio~ ~ll ~i~ ~e comprador im ~o~d~a~B ~ Dis~dc~ 2~ 1 ~o Coafin~ ~ ~e ~oum~ of $2~,~0.00 ~t~o~: F~ee: ~A-OO I ~ REQUEST FOR ACTION ~ originating Department Approved for Agenda De~~ection City Manager & Planning Kirk McDonald ~ 1-22-96 Item No. By:. Management Assistant By:.// 8.2 RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT WITH SCOTT SHORE/CREATIVE REPRESENTATIVE FOR THE PRODUCTION OF THE NEW HOPE CITY REPORT For a number of years the City has utilized the services of Walker Enterpfi~ for the production of the City newsletter, City Report. Last fall Walker Enterprises notified the City that they were closing their business effective the end of 1995 and would no longer be available for the production of the City Report. The City Report is published and distributed to residents and businesses five times a year. Four editions are four pages with a four to six page Parks & Recreation ~ and one edition is six pages with a separate Parks & Recreation Summer Activities Brochure. An amount of $20,000 is budge~'d for 1996 in the Unalloca~*d Fund for the production, printing and mailing of the City Report. The major responsibilities of. the production firm are to take articles prepared by City s~ff and layout the newsletter, inser~ phoWs, edit the ~ex~, deliver the newslet~r m the prin~er, oversee the print quality, and oversee delivery of the prin~ed newsle~3~er ~ the mailing service. With a change in production firms, ~aff is also interested in upA~v~o and improving the look of the City Report. City ~ developed an KFP (Reques~ for Proposals) and solicited proposals from inV,-res~ed newsleuer production firms. Five firms responded. A gommit'~ of City ~ COnSisting of the Administrative Analy~ Management Assistan~Community Development Coordinator, Director of Parks & Recreation and Director of Public Works reviewed and evaluated the proposals based on the following criteria: · Demons~ated experience in producing newsletters; · Demons~a~ed experience in delivering to the client on time, within budget, and with a high level of quality; · Demo~ experience in managing the production process, including design, editing, printing, and diswibufion; · Response to Reques~ for Proposals; and * Competitive fee. MOTION BY' ' ~ ':~' ' ! Revt~: Admlnl~-atlon: Finance: RFA-O01 ~ Request for Action 2 Four of the five firms that responded to the RFP were selected to participate in the oral interview process, including: Ikola Designs Dotted i Communications Everett Marketing Communications Scott Shore/Creative Representative Based on the ratings of the oral interviews, a review of production material and reference checks, staff is recommending that the City Manager be authorized to negotiate and enter into a contract with Scott Shore/Creative Representative for production of the New Hope City Report for the following reasons: · Demonstrated experience in producing newsletters and specific experience with other municipality's newsletters (City of Minnetonka); · Response to Request for Proposals and quality of work presented to committee; · Demonstrated experience in managing production process, editing experience, and proposal to shorten production schedule; · Competitive fee that meets current budget guidelines; · Experience in producing materials dealing with cultural diversity; · Agreeable to utilizing existing printing company; · Good suggestions to update/revise format of existing newsletter; · Ability to not be sensitive to criticism and desire for City to be direct about its wants/needs; · Recommendation that Parks & Recreation Brochure be visually linked with newsletter; · Ability to serve as the primary contact, but also to have a temporary replacement, if necessary; and ® Creative ability demonstrated in work and artistic background/education. Staff is recommending that the City Manager be authorized to negotiate/enter into a contract with Scott Shore/Creative Representative for production of the City Report. If approved, Shore would begin immediately and be responsible for the next City newsletter which will be distributed in March. The contract would be brought back to the Council for formal approval at the next Council meeting. The enclosed resolution authorizes the City Manager to negotiate and enter into a contract with Scott Shore/Creative Representative for City newsletter production services and staff recommends approval of the resolution.  EDA REQUY. ST FOR ACTION o Originating Depa~u~ent Approved for Agenda Agenda Section City Manager EDA 1-22-96 Kirk McDonald ,' ~'~ Item No. B~. Management Assistant By:.// RESOLUTION APPROVING AGREEI~NTS WITH KEY GROUP ADVERTISING FOR BILLBOARD AGREEMENTS WITH NAEGELE OUTDOOR ADVERTISING FOR 1996 SHOP NEIGHBORLY NEW HOPE CAMPAIGN (IMPROVF2vlENT PROJECT NO. $37) Pursuant to the direction from the January 8th EDA meeting, staff is proceeding with preliminary plans for the 1996 "Shop Neighborly New Hope" promotion. One of the th'st items that needs to be taken care of is reserving the billboards for the campaign advertisements. Key Group, Inc., the ftrm the City is working with on this campaign, has submitted the enclosed two agreements from Naegele Outdoor Advertising for consideration by the EDA. One agreement reserves both sides of two (2) billboards, for a one-month period starting June 10th, as follows: 3530 Douglas Drive (northwest face and southeast face) 3620 Winnetka Avenue (north face and south face) The cost for the agreement is $2,941.00. (Staff is pleased that we are able to get the board at 36th and Winnetka, as that location has high visibility in New Hope and was not available last year.) The second agreement reserves both sides of a porta panel billboard for a two-week period starting June 10th. This would be the same porta panel that was used last year for Winnetka and City Center and would be located on Winnetka Avenue. The cost for the agreement is $340.00. Both of these billboard, costs are included in the estimated budget prepared by Key Group and the combined cost of $3,281.00 is considerably less than the amount budgeted ($?,400.00). It is anticipated that the cost of the billboards will be covered by the major sponsors of the campaign. The enclosed resolution approves the agreements and staff recommends approval of the resolution. / Review: Administration: Finance: I I RFA-O01 EDA Originating Department ~p~d for ~da ~enda Sec~on Ci~ M~ger EDA Sar~ ~lle~ Item ~o. ~: A~s~ative ~lyst ~ 5 ~OLU~ON ~PRO~NG S~SSIO~ OF ~E ~NN~OTA CI~ P~C~A~ON PR~~ (MCPP) ~P~CA~ON TO ~E ~NN~OTA HOUS~G FIN~CE AGENCY (~FA) ~e MCPP is a pro~ ~ough ~e ~A ~ w~ch ~e ~A is able to ~ moagage ~venue ~nds on ~f of p~icipa~g cities to m~t l~y ident~ ho~g ~. ~e pr~s ~om ~e ~s provide ~low-~ket ~rest m~ moagage 1o~ for low ~d m~em~ ~ome f~st-tme homebuye~. ~s msome is available to cities ~oughout ~e sm~. ~s ye~ ~e 1~ hous~g ~1 for mo~gage revenue ~n~ is estima~ to ~ ~n $38 - 58 mllion. ~e f~ de~tion of ~e to~l mo~t of pro~ ~ ava~able to each p~cipat~g ci~ w~l ~ made by ~e ~A ~ de~mi~ by a ~r capita d~fion me~. In 1995, ~e Ci~ received ~9,896 MCPP ~l~ation to ~ ~ ~ f~t-t~e homebuyer lo~. In 1996, ~e MCPP progr~ ~m is eight mon~. ~g ~e f~t s~ mon~, p~icipa~g cities ~ve exclusive use of ~ek ~divid~ ~o~ent. D~g ~e f~ ~o mon~, ~e ~dividml ~lomen~ will go ~to a s~tewi~ ~ol ~t w~l ~ ava~ble to ~ MCPP pmicipa~ cities. ~s allows cities wi~ ~gher dem~ds to a~ess ~ ~t we~ not us~ d~g ~e p~g s~-mon~ ~. ~e progr~ tern wi~ ~g~ shoffiy a~r ~e ~ ~le w~ch shoed ~ d~ ~e met of 1~6. In order for ~o~ to apply for mo~y ~ough mis pro~ ~ey m~t: a) ~ a f~st-t~e homebuyer; b) ~cupy ~e horn, within ~ ~ys of mo~gage clos~g; c) m~t cem~ hou~hold ~ome ~qu~menB (~,8~ or less - for a f~ly of four); d) ~d p~ ~ e~s~g home or bu~d new for $95,~ or less. M~ON BY ~ SECO~ BY ~: ~tmUon: F~e: ~A-~ I ~ Request for Action 2 1-22-96 The fee for participating in the program is $20 for each $100,000 in allotmem provided. Also, an application deposit of 1% of the allocation amount specified in the agreement is needed. The 1~ deposit is refunded within a month of the closing of the bond sale.), In order to participate in the MCPP, cities must arrange with local lenders to originate mortgage loans under the program. These lenders will be required to enter into a contract with the MHFA as to program and loan origination requirements. Each city applying for the MCPP must have at least one lender. The application is due between February 1 and February 15, 1996. The application packet from the MI-IFA is enclosed. Staff recommends approval of the resolution.  EDA , REQUF~T FOR ACTION Originating Depmhuent Approved for Agenda Agenda Section City Manager EDA 2-96 Kirk McDonald Item 1~o. By: Management Assistant By:. 6 RESOLUTION APPROVING FIRST AME/NDMENT TO SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT NO. C-94-$6 FOR ADMINISTRATIVE SERVICES BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF NEW HOPE AND AUTHORIZING PRESIDENT AND EXECUTIVE DIRECTOR TO EXECUTE AGREEMENT On August 8, 1994 the New Hope EDA approved a revised contract between the Metropolitan Council and the City of New Hope regarding the Section 8 Housing Assistance Program. The two basic changes in the contract at that time were: 1. The administrative fee available to the City increased from $16.56 per unit/month to $21.00 per unit/month for basic administrative services (the fee increases are regulated by the Dept. of Housing and Urban Development); and 2. In a move intended to reduce paperwork, the Metropolitan Council required the City to only submit quarterly invoices/reports instead of monthly reports. The City of New Hope employs a full-time Section 8 Housing Representative to administer this program and reimbursements from the Metropolitan Council/HUD cover all costs of the program/position. In past years the City has administered up to 300 Section 8 contracts in New Hope, however over the past several years that number has decreed to approximately 240 contracts, due in part to the newly adopted portability requirements. Obviously, the City receives less revenue to cover the costs of the program/position with a reduced number of contracts. In 1994 when contract discussions were taking place, City staff indicated to Metropolitan Council representatives that the City would have an interest in taking on additional contracts from neighboring cities to increase program revenue. The additional contracts would involve only administrative services, with Section 8 clients coming to the New Hope City Hail for income verification, etc. No inspection services for clients residing outside of New Hope would be offered by the City, as that would be Metro / -- Review: Admlnls~tlon: Finance: Request for Action 2 1-22-96 HRA's responsibility. The Metro Council indicated at that time that they would take the Cit~"s interest in assuming the administrative work for additional contracts under consideration. In December of 1995, due to several staff position vacancies at the Metro HRA in St. Paul, the Metro HRA contacted the City to see of the City was still interested in assuming administrative responsibility. for additional contracts.- City staff responded in the affu'mative. The attached contract amendment is being presented to the EDA for consideration and is a result of discussions between the City and Metro HRA. The contract amendment states that the City of New Hope will administer a specific number of Section 8 contracts from the following cities: Edina 20 contracts Golden Valley 16 contracts Maple Grove 15 contracts TOTAL 51 Metro I-IRA would be responsible for all inspections and the existing New Hope Section 8 Representative would handle the administrative component of the contracts (no additional staff would be hired). The City would bill Metro HRA the regular fee (now increased) of $21.65 per contract and once a year Metro I-IRA would deduct $24/contract for inspection services. The additional revenues to the City for assuming the additional contracts would be approximately $12,000.00 per year, as outlined in the attached correspondence. The Metro HRA has also agreed to work with the City during 1996 to work towards computerizing this entire process to make the program more efficient. City staff is supportive of the contract amendment, as it provides additional revenues for the program and will help to insure that this important program for low/moderate income residents is maintained and is self-supporting with revenues exceeding expenses. Staff recommends approval of the resolution. PLANNING AND DEVELOPMENT Fourth Quarter 1995 Report The Planning Commission reviewed the following cases during the fourth quarter: No. of Cases Notices Sent October 2 7 & 21 November 8 3, 9, 9 December _.1 0 TOTAL 4TH QTR. 11 Month Type of Request Number Approved Denied Withdrawn Tabled Oct. Comp. Sign Plan ! 1 SBPR 1 1 Variance PUD 1 Nov. Comp. Sign Plan 2 1 1 Shop Ctr Sign Study 1 1 SBPR 1 1 Rezone 1 1 Prel. Plat 1 1 PUD I 1 Detach/Annex i 1 Dec. SBPR _.1 _.1 _ TOTALS 13 8 5 YEAR TO DATE TOTALS APPROVED DENIED WITHDRAWN TABLED Preliminary Plat 3 CUP 5 Variance 2 1 SBPR 4 Comp. Sign Plan 3 ! PUD 3 Ordinance Amendment 4 ! Rezoning 1 Detach/Annex 1 Shopping Center Sign Study _.1 TOTALS 24 6 PLANNING/DEVELOPMENT ISSUES ~pi~ved~[~ie:.:.:3~;([~i~.~i~i~i~.~[~.i~e~;~&..~..~. construction of a funeral home and a setback variance for the entrance canopy, subject to specific conditions, at their October 3rd meeting. The City Council approved the request at their October 9th meeting. Also on October 9th, the EDA approved the redevelopment contract which provides Gill Brothers with $150,000 in "pay-as-you-go" tax increment f'mancing for this project. The HRA approved the sale of the City-owned property to Gill Brothers in the amount of $254,826, the appraised value, at their October 23rd meeting. The closing will be completed during the first quarter of 1996. 2. _ The Planning Commission reviewed concept plans for a proposed Car-X Muffler & Brake shop at 7180 42nd Avenue at their October 3rd and November 8th meetings. Due to the fact that there were many items stil'''-~ unresolved, the Commission tabled this matter in order that the petitioner could submit revisect plans. Also, at the October 9th EDA meeting, the EDA declined a request from the property owner for Tax Increment Financing assistance for the Car-X development. 3. e~~vei~ii~i!:i~iii~ii~iiii~ - The Planning Commission considered the request for Comprehensive Sign Plan Approval for Twin City Garage Door at their October 3rd meeting, however the request was tabled until revised plans showing a visual linkage were submitted. The Commission approved the revised plans at their November 8th meeting. The City Council considered the request at their November 13th meeting, but took no action and tabled the request due to the fact that the petitioner was not in attendance. On November 27th, the City Council approved the request as presented, however encouraged the petitioner to consider canopy signage for Elliott Auto Supply. 4. ~~~iii!ii~ - At the October 9th City Council meeting, the Council approved a proposal from Decision Resources, Inc. to conduct a community-wide random telephone survey, asking detailed questions on the quality of life and delivery of services in the City. The survey was conducted during the fourth quarter and the results will be presented to the Council in January. 5. ~!i~iii~ii i~ii~i~ - At the October 9th City Council/EDA meetings a resolution was approved to amend the Redevelopment and TIF plans to include two additional properties: the Ice Arena property at 49th and Louisiana and the Winnetka Elementary School site and adjacent recreational fields. By modifying the plan, if the City proceeds with future developments on either property and the developments meet requirements under state law, the City could spend excess tax increment funds on the projects. 6. '.~i!i~~~iiii~iii!~ili!~ - At the October 9th City Council meeting, the Council authorized staff to have 100 copies of the videotape of the "Shop Neighborly New Hope" activities/newscasts be made and Councilmembers delivered the tapes to all participating retailers. During the fourth quarter, staff also met with representatives of Key Group Advertising, Inc. regarding a 1996 "Shop Neighborly New Hope" promotion, per the direction from the Council. 7. ~!iiii i!?i~iiil i?~ig - At the October 23rd Council meeting, the Council approved an agreement between the City and Navarre Corporation whereby the Fire Department will raze the Jacobwith property after utilizing it for training purposes. Navarre will be expanding their facility onto this newly acquired property in 1996. Standards Committee reviewed the New Hope Shopping Center Sign Code and made recommendations to the Planning Commission on November 8th which included revisions regarding the square area for shopping center name identification, square area for tenant directory, eliminating the number of individual tenants on the sign, letter style, font and business logo use, and allowing reader boards. The changes essentially allow more flexibility for content and presentation, while maintaining the previous sign area limitations. The City Council approved the ordinance amendment on November 13th. 9. _ Due to the fact that Ordinance 95-17 was approved prior to this planning case, no variances were required and the Planning Commission approved an amendment to the Comprehensive Sign Plan for Winnetka Shopping Center at their November 8th meeting. The City Council approved the sign plan at their November 13th meeting, which allows the Shopping Center to reconstruct and make changes to the existing pylon ground sign. 10. N~i H~!i~ii~ii~!i~i~~Sii~!~ii~~ - At the November 8th Planning Commission meeting, the Planning Commission approved the site and building plan review and the conditional use permit for the New Hope Ice Arena subject to specific conditions. The City Council tabled this issue pending final architectural plans and the bids on the project. 11. ~~iiii~~i!ii~iiiii~~ - On November 8th, the Planning Commission recommended approval on rezoning 6073/6081 Louisiana Avenue from single-family residential to single and two-family residential for the purpose of constructing a handicap accessible twin home on the site. The project is being sponsored/funded by the City, the CO-OP Northwest, CHODO and the Metropolitan Council. The City Council approved an ordinance rezoning the property to R-2 from R-1 at their December llth meeting. 12. ~~ili~~!ili~i!i~ - On November 8th, the Planning Commission approved the preliminary plat of Cameron 3rd Addition. The purpose of the platting was to subdivide the parcel into two lots to accommodate the construction of a zero-lot-line handicap accessible twin home. The City Council approved the preliminary plat at their November 13th meeting. The City Council on November 27th approved the final plat of Cameron 3rd Addition. November 8th, the Planning Commission reviewed the proposal of detaching Beth E1 Synagogue/Cemetery from New Hope and annexing the property to the City of Crystal in order that Beth E1 and Adath Shel Emes Cemetery could join in a joint PUD project. It was felt that this project would be less complicated if the petitioners were dealing with one city or the other. The Planning Commission recommended against the detachment and suggested that New Hope annex the Crystal cemetery. The City Council did not agree with the recommendation from the Planning Commission. On November 13th, the City Council passed a resolution requesting concurrent detachment from New Hope and annexation to Crystal. 14. ~iii~iiii~?~i~ !!ii~iii~ii!~~i~ - At the December 5th Planning Commission meeting, the Commission approved the site and building plan review for the proposed addition at 7201 Bass Lake Road, subject to specific conditions. The City Council approved the request at their December 1 lth meeting. 15. ~~ii~~iii~~ - At the December l lth City Council meeting, the Council accepted the resignation of Robert Gundershaug, with regrets. Gundershaug had served on the Commission for 20 years, was long-time chair of the Design & Review Sub-Committee, and served as chair of the Planning Commission in 1995. 16. ~h~i~~ii?~i~ - Also in December, the City Council re-appointed William Sonsin to another three-year term on the Commission. 17. At the December 1 l th EDA meeting, the EDA approved a Right of First Refusal Agreemem for the acquisition of the Homeward Bound property in the event that Homeward Bound vacates the building. 18. ~i R=~~i!ii~~ -In June, the New Hope Community Development staff and Building Official published/distributed the first New Hope Business Retention newsletter. The newsletter is an attempt to increase communication between businesses and City officials and includes information on ordinance revisions, available financing, development success stories, etc. During the third quarter staff prepared the fall issue of the newsletter and it was mailed to businesses in October. During the fourth quarter, staff also began working on the first issue of the 1996 Business Link newsletter. 19. ===================== In July, the EDA authorized Northwest Consultants to complete a market study for Winnetlo Shopping Center to determine how to attract viable businesses to this site. The owner of the center agreed to share the cost for the market study on a 50/50 basis with the City. The study proceeded during the third quarter and included interviews with BuiMing Management, Inc. and a number of other center owners. A completed study was presented to the City in October and distributed to a variety of persons, including Building Management, Inc., SuperValu, Councilmembers, Planning Commissioners and City staff. 20. ~i~~ii~ ' At the December llth EDA meeting, the EDA directed staff to negotiate a 1996 lease for the rental of the City-owned building at 7528 42nd Avenue (Foremost, Inc. building) with Phoenix Manufacturing. 21. i~iiii~ii~i~ - The City of New Hope agreed to host this years "Local Government Day" presentation for the TwinWest Leadership class and staff assisted in coordinating speakers and presentations for the January event. 22. ~!~...~~i::~..==================================================:::::::::::::::::::::::::::::::::::: ' ....................................... - The EDA approved the City's participation in Phase II of the Community Parmers Business Retention Program sponsored by the North Metro Mayors Association at their June 12th meeting. The fn'st phase of the program surveyed all industrial/ commercial/retail businesses in the City regarding their needs and expectations. The six-month Phase II program began July 1st and involved prioritizing recommendations, developing specific action plans and updating the existing data base. The "working group" has been meeting bi-monthly to review the data from the survey and to develop defined goals and objectives for Phase IH of the program and this activity continued during the fourth quarter. 23. ~iii:ii~i.i~- At the beginning of 1995, the Community Development staff and Building Official initiated regular semi-monthly meetings to review/discuss planning/ development/housing issues. The purpose of the "BLT" meetings is to improve coordination between the City Manager's Department and the Inspections Department and to provide better information to persons/businesses inquiring about available buildings/land for development in the City. A log has been established to track all responses to inquiries. This activity continued during the fourth quarter. ' 24. C~ & standar~;Iss~ - During the fourth quarter, the Codes & Standards Committee met to discusS/review the following issues: A. Rezoning at 62nd & Louisiana Avenues B. Shopping Center Sign Ordinance Changes C. Boulevard Tree Ordinance D. Changes in Permitted and Conditional Uses in the B-I, B-2 and B4 Zoning Districts The first two items moved on to the Planning Commission and City Council during the fourth quarter and the last two items will be presented for consideration during the first quarter of 1996. 25. ~i!ili~iiiiii~ii!i~~ - The Design & Review Committee met during the fourth quarter on the following projects: A. Lasky/Car-X PUD B. Ice Arena expansion C. Wedding Chapel expansion The Ice Arena and Wedding Chapel projects moved ahead for approval during the fourth quarter. The Lasky/Car-X PUD application is on hold until more complete revised plans are submitted. Kirk McDonald Management Assistant/Community Development Coordinator PLANNING AND DEVELOPMENT Fourth Quarter 1995 Report .... City Council Synopsis During the fourth quarter, staff continued coordination on the Gill Brothers Funeral Chapel project proposed for the City-owned property at 42nd and Nevada Avenues. In June Gill submitted a purchase offer to the City with a request for financial assistance and in July the EDA entered into a 90-day Exclusive Negotiations Agreement with Gill, which allowed them the exclusive right to negotiate a development contract with the City. During July and September Gill determined total project costs and staff consulted with Bond Counsel to determine which costs were eligible for TIF assistance. /n September, the EDA approved, in concept, a pay-as-you-go TIF reimbursement of $150,000 for eligible development costs. In October the Planning Commission and City Council approved the building plans and a minor setback variance. The EDA also approved the Redevelopment Contract in October and the HRA conducted a public hearing and formally approved the sale of the land. The closing on the property has been delayed due to some minor title problems, but is anticipated to take place in the first quarter of 1996. Two major City projects proceeded during the fourth quarter with coordination/assistance from the Community Development staff. The second handicap accessible twin home development was initiated near 62nd and Louisiana Avenues with both the preliminary and final plats and the rezoning to allow the construction ora zero-lot-line duplex being approved. Construction was started in October. Staff also assisted in the presentation of the Ice Arena expansion plans to the Planning Commission and the conditional use permit and site/building approvals were received in November. The City continued its cooperation with the business community during the fourth quarter with the completion of the Winnetka Center Market Study and the distribution of the 1995 "Shop New Hope" tapes to afl participants in the campaign. Plans are already underway for a 1996 promotion. Also, the Planning Commission and City Council approved a significant amendment to the Shopping Center Sign Ordinance upon recommendation from the Codes & Standards Committee. After a detailed study of Sign Code requirements in neighboring cities, it was the consensus that the existing requirements were overly restrictive and should be amended to allow shopping center owners more flexibility in promoting their tenants. The City also had to consider the first detachment/annexation request that it has received in many years during the fourth quarter. The request was due to the desire of Beth El Synagogue/Cemetery in New Hope to participate in a joint development project with the Adath Shel Emes Cemetery in Crystal. Due to the fact that no taxable market value was derived from the property due to its tax exempt status, the New Hope Council did not object to the detachment. Lastly, during the fourth quarter Robert Gundershaug resigned from the Planning Commission, due to his upcoming retirement. Gundershaug had served on the Commission for 20 years, was the chair of the Design & Review Committee and was chair of the Planning Commission in 1995. His guidance and leadership on the Commission will be missed. The City Council passed a resolution in December accepting his resignation, with regrets, and he will be honored at a future City Council meeting. Kirk McDonald, Management Assistant/ Community Development Coordinator HOUSING AND REDEVELOPMENT AUTHORITY Fourth Quarter 1995 Report The New Hope HRA continues to be busy with the management of housing programs and redevelopment activities in the City. Section 8 Rental Assistance Pro_gram Currently, the Section 8 Rental Assistance Program is providing assistance to 245 New Hope low income families. This is higher than the number families that were being served in September. During this same time period in 1994, New Hope was providing assistance to 258 families, so overall the program is serving fewer families in 1995 as in 1994. The breakdown is as follows: Certificates Vouchers Total October 164 74 238 November 163 74 237 December 167 78 245 The number of housing inspections has decreased compared to the same time period in 1994. During the fourth quarter of 1995 a total of 86 inspections were completed, as compared to 99 for the same time period in 1994. A breakdown of housing unit inspections for the fourth quarter is contained in the following table: Initial Reinspect Total Year to Date Section 8 58 28 86 285 During the fourth quarter, staff continued to discuss with the Metro HRA the possibility of the City assuming administrative responsibilities for Section 8 clients in neighboring cities in an effort to increase revenues for the program. In the past the City has administered up to 300 certificates/vouchers. The Metropolitan Council has made a proposal to the City and it will be formally considered by the EDA in January 1996. Community Development Block Grant Program Housing Rehabilitation Program -- Hennepin County manages the Housing Rehabilitation Program for the City and maintains a waiting list. The funds assist low income persons in making basic repairs to homes that they own. Currently there are two residential households in the process of being assisted, zero being rehabilitated and zero on the waiting list. At this time all Year XVIII (1992/93) funds have been expended. Approximately $24,684 from Year XIX (1993/94) has been expended or committed and $23,400 out of $33,345 has been committed from Year XX (1994/95) funds. Year XXI CDBG Funds -- The City of New Hope was allocated $182,816 for Year XXI (1995/96). In addition, the City received $123,326 in additional program income. The additional income was generated by the Petro Fund reimbursement for contaminated soils clean-up at 42nd and Nevada Avenues. These funds were reprogrammed for the removal of architectural barriers at City Hall and scattered site housing activities. Scattered Site Housing Projects During the fourth quarter, the City continued to pursue several projects that will be funded by CDB¢~' MHFA, HOME, EDA and City funds. Projects that use these funds include the following: 7901-7909 51st Avenue North -- During the third quarter, construction was completed on the City's first handicapped accessible twin home. Once construction was completed, a driveway and sidewalks were installed and the property was landscaped. The landscaping was designed by Tom Schuster, New Hope City Forester, and installed by Wrobleski's Lawn Service. The 7909 51st Avenue unit was sold on August 15th. On August 17th, an open house was held to allow neighbors, City staff and the general public an opportunity to view the property. Roughly 100 people visited the property during the open house. During the third quarter, the City signed a purchase agreement for the 7901 51st Avenue unit with Carey Luckeroth. The EDA formally approved the sale on August 14, 1995. During the fourth quarter, Carey Luckeroth and the City closed on the property. The closing was conducted on October 12, 1995. The City Council approved the final pay request on this project to Equal Access Homes at the October 23rd Council meeting. 6073-6081 Louisiana Avenue North -- The site is a City owned property that was developed through the purchase and replatting of surrounding properties. In 1993/1994, the City purchased, rehabilitated and sold the property at 7109 62nd Avenue North. As part of that project, the City split off the rear 100 feet of the property due to the depth of the lot. At the same time, the owners of the comer lot located at 7105 62nd Avenue North decided to subdivide their property and sold the rear 100 feet to the city. The City combined both properties to create a new parcel as part of the City's Scattered Site Housing Program. This new lot is roughly 16,600 square feet and faces east toward Crystal Lions Park. During the second quarter, staff developed a budget for the construction of a three-bedroom handicap accessible twin home at 6073-6081 Louisiana Avenue. Funds to be used for the project include MHFA, CDBG, and EDA funds and a Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan in the amount of $125,000. The Housing Assistance Loan will be applied toward the construction of the twin home and will be paid back at the time of sale. During the third and fourth quarters, staff worked with Charlie Braun, Equal Access Homes, on expanding the two-bedroom design at 7901-7909 51st Avenue into a three-bedroom twin home. The EDA approved plans and specifications and ordered an advertisement for bids on October 9, 1995. The three-bedroom design has similar accessibility features to those present in the two-bedroom unit and is slab on grade construction. At the same meeting, the Council also awarded the contract for sewer and water service installation to H & M Asphalt in the amount of $26,632.15. At the November 23rd Council meeting, the Council awarded the contract for tree removal to Crystal Tree Service in the amount of $950.00. On November 13th, the City Council awarded the construction contract to the low bidder, Michlitsch Builders for $199,900. A pre-construction meeting was held on November 16th and construction of the twin home began immediately after the contract was awarded. Once the contract was awarded, staff began marketing the property for $95,000 per unit. The City received several inquires about the property and has one eligible buyer at this time. The City plans on signing a purchase agreement with that family in late January. The City will continue marketing the property and hopes to have both units sold before construction is compieted~ The City Council also approved the preliminary plat of the property on November 13th. The final plat was approved on November 27th, and an ordinance rezoning the property from R-1 to R-2 was approved on December 11, 1995. 5559 Surnter Avenue North -- The City Council authorized the purchase of 5559 Sumter on October 9, 1995 for $62,000. Once the purchase was complete the City had the sewer and water turned off, and the telephone, cable, gas, and electricity was disconnected from the house. All of these items were disconnected so that the property would be ready to demolish next spring. The property contains a one-story home with an attached garage and is suffering from obsolescence and other blighting factors. The City acquired the property for street right-of-way purposes to resolve a hazardous traffic condition caused by the misalignment of Sumter Avenue. It is the City's intention to demolish the existing home in order to realign the intersection at some future time. City staff have also been discussing with the New Hope Police Department the possibility of using the house to practice SWAT maneuvers. If approved, this activity would happen in the spring before demolition takes place. During the fourth quarter, staff also solicited quotes from fin'ms to perform environmental surveys of the scattered site homes for asbestos, etc. These quotes will be considered by the Council in January. The environmental assessments are necessary prior to completing the demolition specs. 7621 Bass Lake Road -- The City Council approved the purchase of 7621 Bass Lake Road on October 23, 1995. In January 1995, Jerry McBrady, owner of the property, contacted the City to inquire if the City had an interest in acquiring his property for potential future redevelopment purposes. The property is a large 32,000 square foot parcel located at the end of the Bass Lake Road Extension and is the key parcel related to any future redevelopment in the area. This was a voluntary sale purchased on a scattered site basis with no relocation costs involved. The City closed on the property December 22, 1995. The City intends to demolish the home due to its location and "land bank" the property for future redevelopment. 6067 West Broadway -- 6067 West Broadway is a residential property purchased by New Hope from HUD, due to a mortgage foreclosure, on October 17, 1995 for $41,400. There is a one-story, 576 square foot house with a basement currently located on the property. The main floor consists of a living room, dining room, kitchen, bathroom and one bedroom. The basement includes a laundry room and secondary room, which was used as a bedroom. An illegal breezeway has been built between the house and single-car garage. There is a gravel driveway off of West Broadway and landscaping is minimal. The house is located in a neighborhood that has previously been designated by the City Council as blighted. Most of the homes adjacent to this property are well kept and in good condition and this particular property is a detriment to the neighborhood. The house has been evaluated by the City and Project for Pride in Living (PPL) staff and it has been determined that it is not worth rehabilitating due to its deteriorated condition and a number of building code violations. Therefore, City staff is recommending the house, breezeway and single-car garage be torn down and a two-story house with an attached two-car garage would be built on the site. The City is suggesting building a new home on the current foundation due to the size and configuration of the lot and the setback requirements. If the City removes the basement and rebuilds, variances will have to be approved by both the Planning Commission and City Council. The total lot area is 8,913 square feet. The lot faces east on West Broadway and is zoned R-1. T1- site is bordered on the north and south by single family homes, on the east (across West Broadwayj by Broadway Village Apartments, and on the west by the back yard of a single family home. Due to the size of the lot, the City has determined that the best use for the site is as a single family home. The house to be built on the original foundation will have three bedrooms, 11/2 bathrooms, a living room, kitchen, dining room, basement, and two-car garage. The building design will be similar to the surrounding architecture; either a cape cod or 11/2 story walk-up. Upon completion, the home will be sold to a low/moderate income family. The City of New Hope is responsible for marketing the home, finding a developer/builder and overseeing construction. It is estimated that demolition of the house will occur in March 1996 and construction will begin in May 1996. Marketing will begin before construction occurs. This will allow a qualified buyer the opportunity to choose the interior colors of the home. The City of New Hope will work with Marquette Bank New Hope to handle financing for qualified buyers. Home Line has been hired through CHDO to facilitate the application process and determine which applicants qualify to purchase the property. The City will also work with CO-OP Northwest and PPL to determine an achievable sale price and market strategy. City staff will market the property through the City newsletter, local newspaper, and brochures to area realtors and service organizations. Qualifying homeowners must meet the income guidelines required for HOME-funded projects. City staff estimates that the asking price for the house will be $80,000. The cost includes a $75,000 first mortgage and a $5,000 second mortgage. An income of $26,000 - $29,000 is sufficient to purchase the home if the interest rate is 6.85% or below. Purchase and Rehabilitation of Two Single Family Homes -- During the past few months staff have been surveying New Hope neighborhoods looking for two homes that are in severe need of rehabilitation. Staff has developed a list of potential sites for redevelopment and will contact the owners to determine if they are interested in selling their home to the City. The purchase and rehabilitation of the properties will be funded through HOME, CDBG, and EDA funds. In addition, the City has received a Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan in the amount of $120,000. The City will receive the loan in March 1996. The Housing Assistance Loan will be applied toward the purchase and rehabilitation of the homes and paid back at the time of sale. Conversion of a Four-plex or Six-plex to Group Home Facilities - During the first quarter, staff toured group homes as part of a study to determine the feasibility of developing a small group home for the special needs population. During the second quarter, staff was awarded HOME funds in the amount of $90,000 to be used toward this project. The City has also committed $90,000 as a zero interest first mortgage for the project. The project will require the purchase and conversion of a four-plex or six-plex apartment building. The City has been working with Project for Pride in Living (PPL) and the CHDO to coordinate the project and find a service provider. A Request for Proposals was developed by PPL. approved by the EDA on September 25th, and distributed to service providers. Ihe CHDO received five proposals as of December 15th. City and CHDO staff will review the proposals in January 1996 to determine if any match the project requirements. The project will require that the service provider own and manage the property, the CHDO will provide funding, and the City will provide funding and staff support for the project. Care Break Facility -- The New Hope EDA acquired 5501 Boone Avenue North and the northern 75 feet on 5425 Boone Avenue North through the eminent domain/condemnation process, to facilitate the construction of the Care Break Adult Day Care Center to be operated by Senior Outreach Services. Due to the cost of constructing a new facility at the 5501 Boone Avenue, Care Break is now interested in purchasing the Homeward Bound site at 4741 Zealand Avenue North and using that building instead. The City has designated $100,000 (approximately $33,000 per year for three years) in CDBG funds for a future Care Break facility. Originally this money was to go toward land acquisition and construction at 5501 Boone. Because of the change in location, the funds will now be used for remodeling the Homeward Bound facility. Due to the location change, staff is preparing an Environmental Assessment on the Homeward Bound site. During the fourth quarter, and due to the time it is taking for the Care Break facility to be completed, the City reprogrammed the 1993 and 1994 CDBG funds dedicated to the project to be used for reimbursement of the removal of architectural barriers. This will close out the program needs for the removal of architectural barriers. The program amount dedicated in 1995 for the Care Break facility was then increased from $34,000 to $100,000. The 1995 CDBG funds will not have to be used until 1997. At the December 1 lth EDA meeting, the EDA approved a Right of First Refusal Agreement with Homeward Bound so that in the event an offer was made on the property, the City could match the offer. Minnesota Housing Finance Agency Grants Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan -- On February 9, thc City submitted two Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan applications. One application was for $125,000 for the construction of a three-bedroom handicap accessible twin home to be constructed at 6073 Louisiana Avenue North. The second application was for $120,000 for the purchase and rehabilitation of two homes that would bc resold to low income families after rehabilitation had bccn completed. The Housing Assistance Loans arc zero interest and must be repaid when thc sale of thc units are complete. The City presented the applications to the Metro Council Advisory Committee on April 26th and the Metro Council Community Development Committee on May 8th. Both of these committees approved the applications. The Metropolitan Council awarded both of the loan applications requested by the City in May. The City received the funds for the construction of the twin home in November 1995, and will receive the funds for the two rehabilitation projects in 1996. Community Activity Set-Aside (CASA) Program -- The CHDO has been made the designee of $1 million in mortgage revenue bonds through the MHFA Community Activity Set-Aside (CASA) Program. CASA funds can be used to provide first-time home buyer mortgages to low and moderat~'-, income people that are purchasing homes through the CHDO. Marquette Bank New Hope is th,. designated lender for the mortgage revenue funds. The interest rate for the funds are 6.85% and are the exclusive use of the CHDO until March 1996. MHFA Minnesota CRV Participation Program The MCPP is a program through the MHFA in which the MHFA sells mortgage revenue bonds on behalf of participating cities to meet locally identified housing needs. The proceeds from the bonds provide below-market interest rate mortgage loans for low and moderate income first-time home buyers. The MCPP is a six month program that begins in July and runs for six months. During the first four months, participating cities have exclusive use of their individual allotment. During the final two months, the individual allotments go into a statewide pool that is available to all MCPP participating cities. In June, the City applied for the 1995 MCPP program. On July 7, the City received $449,000 in MCPP first-time home buyer funds for 1995. The funds were available to first time home buyers until November 27th. During the fourth quarter, staff initiated an application for the 1996 program, which will be presented to the EDA for approval in January. Metropolitan Council Livable Communities Act The Metropolitan Livable Communities Act was enacted in June by the State Legislature in an attempt to address housing issues in the metropolitan area. The Act also establishes a Metropolitan Livable Communities Fund which consists of three accounts designated to help improve communities and neighborhoods. The funds in these accounts can only be accessed if a City elects to participate in the Livable Communities Act. On September 25th, the City took the first step in participating in the program by passing a resolution electing to participate in the Local Housing Incentives Account Program under the Livable Communities Act. During the fourth quarter, staff met with representatives from the Metro Council to discuss and establish housing goals for the City. The outcome of the discussion was that the City already meets or exceeds the housing goals outlined by the Metro Council. Therefore, the Council approved the housing goals established under the Metropolitan Livable Communities Act on November 27, 1995. As a final step in the process, by June 1996, the City must submit a formal plan outlining how the City will achieve its goals. Also during the fourth quarter, New Hope, in partnership with the cities of Brooklyn Center, Brooklyn Park, Crystal, and Robbinsdale have submitted a proposal to the Met Council for funding through the Livable Communities Act Demonstration Account Program. The cities are requesting $2.5 million to be used toward improving owner-occupied, deteriorating properties in the 5-City area. If the funds are approved, they will be used as loans in partnership with private financing for improvements to single family low and middle income properties. It is felt that a loan program such as this is necessary if the 5-City area hopes to retain the character and quality of its neighborhoods. Approval of this project will occur in the first quarter of 1996. CO-OP Northwest 1993 HOME Grant -o During the fall of 1993, staff was notified that Hennepin County had approved a $274,100 5-City grant application for Federal HOME funds. New Hope, used $44,000 worth of HOME funds, in conjunction with other grant monies, to acquire and build a handicap accessible twin home at 7901/7909 51st Avenue North. During the first quarter of 1995, the City presented the CHDO Board of Directors with a request for $45,000 for the construction of a three-bedroom handicap accessible twin home to be built at 6073 Louisiana Avenue North and to purchase/rehabilitate one blighted single family home to sell to low income buyers. Due to a lack of funds during the third quarter, the CHDO asked the City to forgo the purchase and rehabilitation of a single family home. The money that would have been used for this project was needed by the cities of Crystal, Robbinsdale, and Brooklyn Park for their CHDO projects. 1995 HOME Grant -- In 1995 the CHDO hired Project for Pride in Living (PPL) to act as coordinator for the 1995 HOME grant applications. In April, PPL completed and submitted the 1995 HOME application to Hennepin County. In the grant New Hope requested $90,000 to convert a four or six-plex into housing for the disabled and to purchase, rehabilitate, and sell two single family homes to low/moderate income first-time home buyers. 5-City Multi-Jurisdictional Housing/Human Services Group -- Staff continues to participate in groups that seek out programs to integrate human services with multi-family housing complexes. Seven action groups have been formed and staff serves on the Planners' Sub-Group and the Housing and Human Services Group. Besides serving on these groups, staff reports to/attends Executive Committee meetings. These groups meet on an informal basis to coordinate housing programs, the annual Remodeling Fair, the Renters' Rights Forum, and other new initiatives. Sub-Regional Housing Plan -- On November 27th the New Hope City Council approved the CO-OP Northwest Sub-Regional Housing Plan. The purpose of the Sub-Regional Housing Plan is to establish coordinated goals, polices and strategies to address housing issues in the 5-City area. Although it is not a binding document, it is intended to be a proactive document recognizing that the five cities share commonalties in both housing stock and demographics and states that a cooperative approach to planning to address housing needs is beneficial to each of the cities. Landlords' Forum During the third and fourth quarters, staff cooperated with CO-OP Northwest and neighboring cities to plan and sponsor a Landlords' Forum. The purpose of the Forum was to educate apartment owners/managers about their rights and responsibilities. The Forum was held on November 6th at the Crystal Community Center and the event was well attended. Speakers included an attorney and a Hennepin County Housing Court Judge and topics covered included tenant screening/discrimination laws, leases, unlawful detainers, and how to prepare for housing court. 4th Annual North Suburban Remodeling Fair The Cities of New Hope, Crystal, Robbinsdale, Brooklyn Center and Brooklyn Park have joined together to sponsor the 4th Annual North Suburban Remodeling Fair, to be held on Saturday, March 16th, from 10 a.m. to 3 p.m. at Park Center High School, 7300 Brooklyn Boulevard in Brooklyn Park. The purpose of the Fair is to encourage homeowners to make improvements to their homes. The Remodeling Fair will include more than 50 exhibits from local contracting businesses, lending institutions, local manufacturers, Police, Fire, and Inspections Departments. There will be workshoF~''' and demonstrations by exhibitors, along with refreshments and drawings for door prizes. The event is free and open to the public, and interested New Hope residents are encouraged to attend. Additional details will be provided in the SunPost, on Cable TV, and on City reader boards. New Hope is again coordinating the registrations/revenue receipts and the disbursements for expenses. On December 12th the Council approved a contract with Events of Distinction to assist with the coordination of seminars and door prizes. New Hope Apartments - Multi-Family Housing Rehabilitation In September 1993, the EDA approved a Multi-Family Housing Financial Assistance Policy to address requests for funding assistance for building rehabilitation/renovation work from owners of multi-family dwellings in the City. In February 1994, a loan proposal was approved for New Hope Apartments (four 12-unit buildings) in rehab work. The closing on the loan was completed in June and the renovation work was started in July. A substantial amount of work was completed during the third and fourth quarters of 1994 and several payment requests were approved, subject to recommendations from the Inspections Department. At the November 14, 1994 EDA meeting, the EDA approved an additional $20,000 loan to cover additional unanticipated expenses including a new fire alarm system. This project continued during 1995 and the project should be finalized in the spring of 1996. Staff has been pleased with the cooperation of the owners and the overall execution of the rehabilitation project. Staff is interested in undertaking a similar project at another multi-family housing complex in 1996. Respectfully submitted, Kirk McDonald Sarah Bellefuil Management Assistant/ Administrative Analyst Community Development Coordinator HOUSING AND REDEVELOPMENT AUTHORITY Fourth Quarter Report .. City Council Synopsis During the fourth quarter, the City continued work on a number of housing and redevelopment activities. Both units located at 7901/7909 51st Avenue North were sold to /ow/moderate income first-time home buyers. One unit was sold in August and the other was sold in October 1995. Construction at the property located at 6073/6081 Louisiana Avenue North began in November 1995. In October the Council/EDA approved plans and specifications for the home and ordered bids and they also awarded contracts for the installation of sewer/water services and for tree removal. The contract for the twin home construction was awarded to Michlitsch Builders. The three-bedroom twin home being built on the property will be similar to the twin home built at 51st and Winnetka. Staff also began marketing the properties in November and has one eligible buyer that the staff plans on signing a purchase agreement with. The City has received a Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan in the amount of $125,000 to help finance construction of the twin home. The City purchased a HUD home located at 6067 West Broadway in October, 1995. Staff is recommending that the house be torn down to the foundation and a new three-bedroom home be built on the site. The new house would be sold to a Iow/moderate income first-time home buyer. Staff is also looking at other blighted properties throughout New Hope that could be purchased, rehabilitated, and sold to Iow/moderate income families. The City will be using a variety of financing sources to purchase and rehabilitate two properties including a $120,000 Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan and $23,000 in HOME funds. During the fourth quarter, the City also acquired and closed on two other scattered site properties with voluntary sales. The home at 5559 Sumter was acquired in October and will be demolished for future road realignment. The property at 7621 Bass Lake Road was acquired in December and will be demolished with the land being "banked" for future redevelopment. Bids will be sought for demolition after environmental assessments are completed. The City Council adopted the CO-OP Northwest Sub-Regional Housing Plan during the fourth quarter and also approved a housing goals statement for the Metropolitan Livable Communities Act. Both of these actions lay the groundwork for future housing projects and establish goals to work towards. Staff have also been working with other CO-OP Northwest cities on a proposal for the Livable Communities Act Demonstration Account Program and have made presentations during the fourth quarter to a committee of State Legislators and Metropolitan Council representatives. Lastly, staff assisted in sponsoring the November 6th Landlords Forum which was held to educate multi-family building owners/managers about leases, tenant screening, unlawful detainers and housing court. During the fourth quarter staff also started preparation, in conjunction with neighboring cities, for the 4th Annual North Suburban Remodeling Fair, which will be held on March 16th. It has been a busy, but successful, fourth quarter for housing programs and projects with a number of goals being achieved. Respectfully submitted, Kirk McDonald Sarah Bellefu// Management Assistant/ Administrative Analyst Community Development Coordinator HOUSING & REDEVELOPMENT AUTHORITY Fourth Quarter 1995 D~scription October November December Scattered Site tiousing Projects: 7901/7909 51 st Avenue I O/12 Closing on 7909 51 st Avenue completed 10/23 Council approves final pay request to Equal Access Homes 6073/6081 Louisiana 10/9 EDA Approves plans and specifications l 1/13 Contract awarded to Michlitsch Construction and marketing in process Avenue & orders bids Builders 10/9 Council awards contract for sewer/ 11/16 Pre-contruction meeting held water service installation 10/9 Council awards contract for tree Construction started removal 5559 Sumter Avenue 10/9 Council authorizes purchase of Utilities disconnected Quotes for environmental assessments property for future intersection alignment sought 7621 Bass Lake Road 10/23 Council authorizes purchase of 12/22 Closing on sale completed property for future redevelopment 6067 West Broadway 10/17 Closing on sale completed Utilities disconnected Quotes for environmental assessments sought Other Housing Programs/ Projects: Group Home Facility (Council approved RFP on 9/25) 12/15 Five responses to RFP received CareBreak & Homeward CDBG Funds Reprogrammed and 12/11 EDA Approves Right of First Bound Environmental Assessment in process Refusal Agreement Metro liRA Housing Funds received for construction of Assistance Loan twin home MHFA MCPP Applicaton for 1996 program started Description October I November December Mclropolitan Council 11/27 Council approves housing goals Livable Communities Act Staff works with other CO-OP Northwest Cities to make application for Livable Communities Act Demonstration Account Program CO-OP NW: IIOME Grant On-going throughout fourth quarter 5-City Groups On-going participation throughout fourth quarter Sub-Regional Housing Plan 11/27 Council approves plan Landlords Forum Held on 11/6 1996 Remodeling Planning underway for 4th Annual North Suburban Remodeling Fair ... Fair to be held March 16, 1996 12/I 1 Council approves agreement with Events of Distinction Multi-Family Housing Project was on-going during fourth quarter ... Financial Assistance to be completed in spring of 1996 ENGINEERING PROJECTS Fourth Quarter 1995 Report Progress took place on the following major engineering projects during October, November and December: 1. Project-//437, 36tit Avenue: ~oad Bridgn~ and Proj~ #486~ 36t!~ Avenue:. Street- Improvements (Winae~k.a: to. LouiSiana} - The contract for the bridge reconstruction and for Phase I of the street and storm sewer improvements was awarded at the December 12, 1994 Council meeting to Johnson Brothers Corporation, low bidder on the project, in the amount of $1,299,936.25. Project bulletins were sent to residents in the area throughout the duration of the project informing them of construction programs and road closures. At the September l lth Council meeting, two change orders were approved that included modifications to the metal safety railing on the wing walls to create a safer condition at the top of the wing walls and the installation of anti-graffiti coating. On October 9th, the Council approved Change Order No. 3 in the amount of $37,322 for storm sewer, sanitary sewer and subgrade treatment modifications. A final Phase I project bulletin was mailed to residents/businesses in mid-October regarding the road opening. The road re-opened on October 28th. Staff have been meeting with the cities of Crystal and Plymouth during the fourth quarter to finalize plans/agreements for Phase II of the project, which will be initiated in the spring of 1996. 2. ~J~!~Z~ii:~ :,ii~!ii~ ~:i~!i:~?~g~- During the second quarter. the City received an "all-clear" letter from the MPCA stating that the investigation and cleanup had adequately addressed the petroleum tank release and that additional investigation/cleanup was not required. The Council approved a quote from Agassiz Environmental Systems to abandon and seal the wells on this property and the wells were sealed in July. Authorization was obtained at the October 9th Council meeting to submit the Supplemental Petrofund Application. On December 1 lth the City Council approved a Right-of-Entry Agreement with Braun Intertec, who is conducting investigation work for Ware Manufacturing. 3. ~oj~.~#~iii:i ii:;~iii~ - At the August 28th City Council meeting, the Council approved a resolution declaring costs to be assessed and ordering preparation of proposed assessment in connection with the 1994 Retaining Wall Improvement Project. The public hearing for the assessments was held on September 25th. There were no objections to the assessments and the assessment roll was approved as presented. At the October 23rd Council meeting, the Council approved the final pay request to Classic Asphalt Company in the amount of $1,500.00. 4. ~Oj~ ~i:~b~i~i!i!~i:iii!~iiii~- At the November 27th City Council meeting, the Council authorized final payment to C.S. McCrossan Construction in the amount of $19,680.23, as all improvements had been completed. 5. ~oj~ ~iiii:~!i~ili :~)r,_ The Stormwater Management Plan Task Force completed the preliminary draft of the Surface Water Management Plan and it was distributed to the two Watershed Management Organizations in February 1994. The City was informed that the reviews by the Shingle Creek and Bassett Creek Water Management Organizations require some minor modifications to the plan. The modifications are estimated to cost an additional $4,680 in engineering services and the City Council approved a change order in that amount at the December 1 lth Council meeting. The Task Force will be meeting the tn'st quarter of 1996 to discuss possible changes to the plan. 6. Project #502, City i:!~11 Renovatiou -At the November 27th City Council meeting, the Council authorized final payment to Mikkelson-Wulff Construction in the amount of $21..836.25, for the Phase II City Hall Remodeling Project. The final amount of the contract was $438,378. ~.~. 7. Proje~ #.~4}7, 4~,n8 Ave~e N~ La~dscaOe/Mlti~~e Impmv~e~t~ an~ Railroad Bridge Repainting - Discussions continued on a staff level regarding the clock tower agreement with the School District and the 45th/Winnetka sign agreement with Winnetka Center. At the May 22nd City Council meeting, the Council discussed the request from the contractor for additional monies to complete the landscaping on this project, which was to be completed this past spring. The recommendation from staff was to re-bid the remaining work, which was done. Also discussed at the May 22nd meeting was the proposed clock tower. Council will cominue to discuss this project at a future work session. During the third and fourth quarters, the City continued to work with the landscape architect on a revised plan for the School District comer. The plan was submitted to the School District for review and the City is waiting for a formal response. · :'::: '':: ':::: ":::::::::::' ::::: :::::::::::::::::::::::::::::::::: '"~' '1;':::::: :-" ::::::::::::::::::::::::::::::::::::::::::::::: ': ::::::::::::::::::::::::: :::: :" ii:-.. ' · · ~.. 8. Pr~tl~! ~tg~ii~i:.~ ~alit~ ~ i [~ i~ii iat ~3 ~uis~ana Avenue- In 1993/1994 the City of New Hope purchased, rehabilitated and sold the property at 7109 62nd Avenue North. As part of that project, the City split off the rear I00 feet of the property due to the depth of the lot. At the same time, the owners of the comer lot located at 7105 62nd Avenue North decided to subdivide their property and sold the rear 100 feet to the City. The City combined both properties to create a new parcel located at 6073/6081 Louisiana Avenue North on which will be developed a three-bedroom, handicap accessible twin home. Because this is a newly platted lot, sewer, water and storm sewer needed to be extended to the site. The City sought bids for the work and at the October 9th Council meeting, the Council awarded the contract to H & M Asphalt, low bidder, in the amount of $26,632.15. The utilities were installed in October and construction proceeded on the home (refer to Housing Report). At the December llth meeting, the Council approved Change Order No. 1 to the contract in the amount of $1,420.00 for the removal of poor soil and importing better material for pipe bedding. 9. Proj~:~i~;~.l~!~.~il ii~- There was a considerable amount of Council and staff time devoted to this project during the first three quarters. The bid was awarded to the low bidder, Hardrives, Inc., in the amount of $887,828 with Option B, which calls for the reclamation of the existing bituminous surface to be used in the project. The project construction started on May 15th and proceeded on schedule. The City Council approved Change Order No. I in the amount of $32,617 at the June 26th Council meeting for additional storm sewer work. The majority of work was completed in the late fall, with punch list items to be completed in the spring of 1996. 10. proj~ #~iiiii~ii?~!~i}!if~:!!~!i:~- This project was completed during the fourth quarter and the final pay request was approved at the December 1 l th Council meeting in the amount of $2,838.34. 11. ~j~: ~!iii~i!i~iiiii~i?:i~i! - During the first quarter, the Council accepted the Feasibility Report, approved plans and specifications, conducted a public hearing, advertised for and opened bids, awarded the contract for the street improvements and approved the revised Conditions of Approval. Pre-construction meetings were held in April. A project bulletin was sent to area residents on May 26th. Construction on the City's portion of the work (street, parking lot and utility improvements) started on June 3rd and the majority of the construction was completed by the end of September. At the June 26th City Council meeting, the Council approved Change Order No. 1 in the amount of $19,660.50 for street section improvements near New Hope Elementary, due to poor soil and drainage conditions. On September 25th the City Council approved a resolution accepting an easement from Homeward Bound to allow the construction of a sidewalk on the north sxde of 47th Avenue. Final construction items were completed during the fourth quarter. 12. Project g528, 1995' Back-yard Drainag~ Project - During the second quarter, the City Council approved plans and specifications for seven properties to be included in the 1995 Backyard Drainage Project. Property owners were advised about the project and Easemem Agreements were obtained from 34 project properties. During the third quarter bids were sought and the City Council awarded the bid to Sunram Construction, low bidder, in the amount of $75,518. The pre-construction meeting was held and a project bulletin was mailed to all properties impacted by the project. At the November 27th City Council meeting, the Council approved Change Order No. 1 which reduced the contract total by $1,315, which included construction of a driveway at 8119 47th Avenue. The homeowner desired to reconstruct his emire driveway and, therefore, the City Council authorized payment of $1,315 directly to the homeowner. The majority of the improvements were completed during the fourth quarter, with punch list items to be finished in the spring of 1996. 13. PrOj~i~9!i~i~ A~!iW~i.T~- During the third quarter, City staff and the Joint Water Commission continued to evaluate whether the tower needed to be removed/repaired/replaced. The major issue was whether it was more cost effective to rehabilitate the existing tower vs. construct a new tower. A consultant specializing in water tanks analysis continued to evaluate these alternatives during the third quarter. At the October 23rd City Council meeting, the Council discussed the Joint Water Commission's recommendation that the water tower be upgraded, rather than replaced, by removing all existing lead-based paint, repainting the tank, and making modifications to meet OSHA standards. On December l lth the Council approved plans and specifications and ordered advertisement for bids for the project. Bids will be opened and considered by the Council in January 1996. 14. ~iiii~!;i!i~ii~i!i - During the second quarter, the City Council approved plans and specifications and called for bids for replacement lighting, irrigation and grading. The contracts were awarded to: Hamelwood for grading and irrigation in the amount of $91,815.80 and Killmer Electric for lighting in the amount of $57,980 (low bidders). Also during the second quarter. the Council accepted an easement at 4921 Boone Avenue in order expand the distance from the backstop to home plate and thanked Boone Partnership for their donation of the easement to the City. The improvements at Lighted Ballfield proceeded on an unacceptable schedule during the third quarter, including partial installation of a new irrigation system, new lighting, the rebuilding/grading of field, and installation of storm sewer and new fencing. The City Council approved Change Order No. 1 in the amount of $7,387.40 for lowering and insulating existing 6" sanitary sewer service, removing buried concrete footings for dugouts, and removing block and debris for backstop posts at the November 13th Council meeting. During the fourth quarter, the contractor did not complete the project or fulfill his obligations under the contract. Staff is currently reviewing liquidated damages procedures and dealing with the bonding company. 15. Proj~#$3$~ii~ii~i!~ii::i~a~ - At the July 24th City Council meeting, the Council authorized staff to proceed with the preparation/submittal of two grants under the new "Mighty Ducks" legislation: one for the addition of a second sheet of ice at the existing New Hope Ice Arena and one for renovations to the existing facility. Staff proceeded to assemble the applications in August and September and obtained letters of support from the NHPAA, School District No. 281 and Hennepin County. Financial data, economic impact information and other planning/site plan documents were also prepared. At the September 25th Council meeting, the Council passed a resolution that authorized the preparation of plans and specifications for the addition of a second sheet of ice and also resolutions that authorized the submittal of the two grant applications. Staff submitted the grams to the Minnesota Amateur Sports Commission by the October 2nd deadline. In November the City Council reviewed two concept plans for the Ice Arena expansion. After an RFP and interview process, on December 1 lth the City Council authorized the City Manager to negotiate a contract for construction management services for the project. 16. Project ~40~ 1995 Stree~ ~l~rovemenls-. ~ea:l - At the April 24th City Council meeting, the Council deleted Area 1 from Project #521 and initiated a separate project for this area. On May 8th, the Council provided for a public hearing to be held at the May 22nd Council meeting. At the May 22nd Council meeting, the Council conducted the public hearing and approved a resolution ordering construction and ratifying preparation of and approval of final plans and specifications. The bid opening for the 1995 Street Improvements - Area 1 was on June 23rd and the contract was awarded to the low bidder, Hardrives, Inc., in the amount of $349,904.40 at the June 26th Council meeting. A pre-construction meeting was held on July 12th before construction got underway. A project bulletin was mailed to all residents in the project area on July 27th, as the project got underway. Construction proceeded on schedule through August and September with the majority of work being completed in October. Final punch list items will be finished in the spring of 1996. 17. Proj~ :.g~2~:!i~i!~ii~$- At the August 14th City Council meeting, the Council authorized staff to proceed with development of a programming report for the proposed remodeling of the Public Works facility. The cost of architectural and engineering services provided by Bonestroo is estimated at $7,500. At the December l lth the Council meeting, the City Council accepted the Facility Assessment and Building Program, authorized a contract for architectural services and authorized preparation of plans and specifications. City Council approved a resolution ordering preparation of plans and specifications at their luly 24th meeting. At the August 28th meeting, the Council approved the plans and specifications and authorized advertisement for bids. At the September l lth Council meeting, an increase in the quarterly Storm Water Utility charge was approved to assist with the f'mancing of City-wide storm/surface water improvement projects. Besides the construction of a storm water pond at 4400 Quebec Avenue, the project also includes improvements to the Municipal Golf Course. The improvements at the Golf Course will include dredging the pond along hole No. 9, bank stabilization, storm sewer repair, modification of the Meadow Lake outlet structure and the regrading of Fairway No. 9. Bids for the project were opened on October 4th. At the October 9th Council meeting, the bid was awarded to Veit & Company, low bidder, in the amount of $263,087.17, which included Alternate No. 5. Alternate No. 5 provides for disposing of all excess material from the pond excavation at 4400 Quebec Avenue and the Golf Course at Sunnyside Park. A pre-construction meeting was held on October 20th and an informational meeting was held with residents on October 21st. At the October 23rd City Council meeting, Council authorized construction of sanitary sewer improvements and approved a petition from C.C.I. to pay for their portion of the project through an assessment. Construction started in November. On December l lth, the Council approved an amendment to the C.C.I. petition for public improvement and sewer improvement to allow for extra costs involved with relocating a fire hydrant to be added to the assessment. The Council also approved Change Order No. 1 in the amount of $10,359.88 for the hydrant relocation. 19. P~'x~j~!i~;i~!~:~H~;!R~- At the August 28th City Council meeting, the Council approved plans and specifications and authorized bids for City Hall Re-Roof Project. There were no signs of problems or leaks in the roof until late in the Phase II City Hall Remodeling Project, therefore it was not included in the original specifications. At the September 25th Council meeting, bids were presented and the Council awarded the bid to All Systems Roofing, low bidder, in the amount of $18,660. The work was completed during the fourth quarter, however testing remains to be completed. ~ .. 20. Project #547, 42nd/Xylon Avenue Intersection Upgrade -At the April 10th City Council meeting. ~, the Council approved an agreement with NSP to remove old and install new underground electrical service on the south side of 42nd Avenue between Boone and Winnetka Avenues. In June, staff met with NSP and Gethsemane Cemetery officials to further discuss this project. In August, staff and the City Engineer met with Hennepin County Public Works officials to explain the plans, discuss financing and review the County's policy regarding project participation. Following the meeting, the City Council approved a resolution at the August 28th meeting supporting the 42nd/Xylon Avenue/Gethsemane Cemetery entrance/intersection upgrade and encouraging Hennepin County to participate in the project. The resolution was sent to the County. During the fourth quarter Hennepin County responded, the City Engineer initiated preparation of a report, and there was on-going discussion between the City and the County about the project. 21. -During the fourth quarter, the City Engineer prepared preliminary plans on this project, which involves regrading, drainage and other improvements to the three ballfields on this site. Part of the needed fill may come from the Ice Arena project. The City Engineer and Parks & Recreation Department staff met with School District officials to review the plans. 22. ~j~i::#~ti!i! ~i?:~iii!~~?:ii~ii~iii~!~ - At the December l lth City Council meeting, the Council authorized a feasibility report and pavement evaluation. Kirk McDonald Management Assistant/ Community Development Coordinator ENGINEERING Fourth Quarter 1995 Report City Council Synopsis Work continued on three major engineenng/construction projects dunng the fourth quarter, with all proj ~ on schedule and neanng completion. 1. The majodty of work was completed on the 36th Avenue Railroad Bridge and Phase I of the Street Reconstruction Project, with 36th Avenue being re-opened on October 28th. The bridge was constructed in 1925 and was in need of major repair, with the major deficiency being the safety hazard posed by the inadequate roadway width between the existing concrete piers. Phase I of the project included construction of a new railroad bridge and street/utility work approximately 250 feet either side of the bridge. The span between the new bridge abutments is now 70 feet and will accommodate a 48-foot wide roadway, a 5-foot wide sidewalk on each side and a 6-foot wide boulevard. Construction was started in March and the City worked to keep residents/businesses in the area informed of the project via project bulletins. With the completion of Phase I of the improvements, staff now has begun to focus on Phase II improvements and is working to finalize plans/agreements with neighboring cities for 1996 construction of Phase I1. 2. The majority of work was also completed on the Cooper High School Street and Parking Lot Improvements during the fourth quarter. The City's contract included all street, parking lot and utility improvements, with 47th Avenue being extended between Winnetka and Boone Avenues and Zealand Avenue being reconstructed into a cul-de-sac. Staff responded to many phone calls regarding the building of the berm. The City's portion of the project fell several weeks behind schedule due to some heavy rains and the heat wave during the summer, but all work was essentially completed by the end of September. The Cooper homecoming game was held on the field on October 6th. 3. The 1995 Street and Storm Sewer Improvement Project (Areas 1 & 2) proceeded during the first part of the fourth quarter with the majority of work in both areas being completed in October. Staff responded to a number of calls throughout the construction project. Final punch list items will be completed in the spring of 1996. Besides these major projects, work was also essentially completed on the Backyard Drainage Improvements Project, final payment was made on the Public Works Site Improvements Project and soil test data was distributed to all residents in the Meadow Lake drainage area. Work proceeded on the storm water ponding improvements on Quebec Avenue and at the Golf Course and a neighborhood meeting was held with residents residing adjacent to Sunnyside Park. Discussion also continued with Hennepin County on a new future entrance/intersection at Xylon Avenue and Rockford Road. Significant progress on newer projects included the approval of plans and specifications for the renovation of the 47th and Aquila Avenue Water Tower and the authorization to prepare plans and specifications for the Public Works Building Remodeling. The major park improvement project during this quarter was Grading and Lighting Improvements for Lighted Field on 49th Avenue. The improvements included the installation of a new irrigation system, new lighting, the rebuilding/grading of the field, and installation of a storm sewer and new fencing. Although the contractor fell behind schedule, this project should be completed in the spring of 1996. The major Park & Rec engineering project accomplished during the fourth quarter was continuing work on the Ice Arena expansion/improvements under the new "Mighty Ducks" legislation. The Council approved concept plans for the expansion during the fourth quarter and also approved the concept of utilizing a construction management firm to manage the construction of the project. Although staff were very disappointed to leam in December that the grant applications had not been approved, it appears likely that the Council will proceed with the project using additional TIF financing. Preliminary plans were also prepared and discussions initiated with the School District regarding 1996 proposed improvements to the New Hope Elementary School Ballfields. Respectfully submitted, Kirk McDonald Management Assistant/Community Development Coordinator ENGINEERING PROJECTS Fourth Quarler 1995 I'roj.# Proje~l Name ,lan- Apr- Jul- October November December Mar. June Aug 437 RR Bridge - 361h Avenue 10/9 Council approves Change I I/2 Bridge/Street walk- On-going discussions with Order//3 through Crystal & Plymouth re: Phase Project bulletin mailed !1 plans !0/28 Street re-opened 462 42nd/Nevada Ave (Ground- 10/9 Council approves submittal 12/11 Council approves Right waler & Soil Cleanup) of supplemental Petrofund of Entry application Agreement with Braun Interlec 469 Retaining Walls 10/23 Council approves final pay request 487 Public Works Salt Storage 11/27 Council approves final pay request 499 Surface Waler Management Plan 12/Il Council approves Change Order #1 502 City ttall Remodeling 11/27 Council approves final : pay request 507 42nd Ave. Landscape/Maint. Continued to work with landscape architect on revised plan for School District property and discussions held with School District 519 Utilily Installation at 6073 10/9 Council awards contract to 12/1 ! Council approves Louisiana H&M Asphalt Change Order #1 Utilities installed House under construction 521 1995 Street hnprovements Majority of construction completed wilh punch list (Area 2) items to be finished in spring of 1996 522 Jaycee Park Play Equipment 12/11 Council approves final pay request I'ro.j.# I'rojec! Name .lan- Apr- Jul- October November December Mar. June Aug 527 Cooper Slreet Improvemenls Majority of construction completed 528 1995 Backyard Drainage Construction in progress I !/27 Council approves Change Order #1 I !/27 Council approves agreement for restoration of driveway at 8110 47th Avenue 529 47th Ave. Water Tower IO/23 Council discussion of 12/I 1 Council approves plans project and alternatives & specs & orders advertisement for bids 530 I.ighted Field Improvements Construction in process but not !1/13 Council approves on schedule Change Order #1 536 Ice Arena Expansion !0/2 Staff submits Mighty Ducks ! 1/27 Council reviews concept 12/I I Council authorizes City Grant Applications plans Manager to negotiate contract for construction management services 12/18 City notified that New l-lope was not selected to receive Mighty Ducks Grant 540 1995 Street Improvement - Area I Majority of construction completed with punch list items to be finished in spring of 1996 542 Public Works Remodeling 12/I I Council accepts Facility Assessment & Building Program Authorize architectural services contract & preparation of plans & specifications I'ro.j.# IN'o. ject Name .lan- Apr- Jul- October November l)ecember Mar. June Aug 544 ,%,tm Water Ponding al Golf 10/4 Bid opening Construction starts 12/11 Council approves ('ourse & 4400 Quebec 10/9 Award contract Change Order ffl 10/20 Pre-construclion meeting 12/Il Council authorizes 10/21 Informational mtg. held amendment to project with residents residing adjacent to Sunnyside Park 10/23 Council authorizes construction of sanitary sewer 546 Cily Hall Re-Roof Work completed, testing remains 547 42nd/Xylon Ave. lnlerseclion Staff continued to coordinate with the County on this project Upgrade (Cemetery Entrance) 550 .BallfieM Reconslruclion Preliminary plans prepared and City staff met with New tlope Elementary School District to review plans 5.51 Reconstruction of Louisiana 12/Il Council authorizes Ave & 3Is! Circle feasibility report & pavement evaluation iA~QO£ Id~.SlO~lld 'no~ ~oi e~ sdoqs)uot~ eseLt£ ~6~-~SS N~ ~d¢,H ~eN N a^~ uoi~X ~0~ 'P~OOO"^eO'~o3/.~ss~.~§W P~eUO~OW ~ LAND USE PLANNIN~ WORKSHOPS FOR PLANNING COMMISSIONERS D ELECTED OFFICIALS INCLUDES: FEBRUARY--- · ANNUAL PLANNING APRIL 1996 INSTITUTES ! · BEYOND THE BASICS Sponsored by: ~;~ GOVERNMENT TRAINING SERVICE GENERAL INFORMATION We are pleased to once again offer workshops using the forms in this brochure. Fill out one forrT designed especially for citizen planners, for each workshop; duplicate forms if needed. Fees Participants will enhance their knowledge of vari- will be refunded less a $15 service fee if the ous areas of planning and, as a result, become bet- registration is cancelled 3 working days before ter equipped to make recommendations and deci- the program. Substitutions for registered partici- sions about the communities in which they live. pants may be made at any time. Should inclement weather (or other circumstances beyond our con- Program Features Include: trol) necessitate program cancellation or postpone- ' An accomplished faculty with extensive ment, registrants will be notified via announce- backgrounds in both planning and ments on WCCO radio and other local radio sta- instruction tions. · Presentations focusing on current issues and timely information FEES · Handy reference materials designed to Registration fees for all workshops include a meal, make your job easier refreshment breaks and handout materials. See inside for details about group discounts for three or If you would like to make your contribution to solv- more participants attending "Annual Planning lng land use problems as informed and effective as Institute.' possible . . . REGISTER TODAY! THESE PRO- GRAMS ARE FOR YOU. IMPORTANT: To qualify for the group discount, reg- WHO SHOULD ATTEND? istrations must be mailed in the same envelope! Members of planning commissions, boards of CO-SPONSORS adjustment/appeals and governing bodies in ° Association of Metropolitan Municipalities Minnesota cities, counties and townships. Also ° Association of Minnesota Counties valuable for members of other advisory commis- ° Humphrey Institute of Public Affairs sions, housing and redevelopment authorities, staff ° League of Minnesota Cities (especially thOse without degrees in planning), real ° Minnesota Association of Townships estate professionals, and others working in areas ° Minnesota Chapter, American Planning related to specialized workshop topics. Association ATTENDANCE AT THESE WORKSHOPS PRO- ° Minnesota Planning Association rIDES ADDITIONAL BENEFITS FOR CITY ° Minnesota Planning ELECTED OFFICIALS! FURTHER INFORMATION If you are enrolled in the new League of Minnesota Contact Barb Wright (Registration) or Vivian Hart Cities Leadership Institute for Elected Officials (or (Program) at Government Training Service, (612) want to be!), these courses count toward the 40 222-7409 or Minnesota Toll Free (800) 652-9719. credits required for Certification. Each Land Use Planning Workshop is worth 7 credits. The r AboutGovemmentTraining~(GTS) Certification Program was inaugurated in January, !' 1996. Application forms are available by calling I.r-.~.-~ot'Organ/z~_ .o~ .i Support for Cathy Davidio at the League offices at (612)281- | . ~ []~:~ Excellence in Training · Award 1250. Call Sharon Klump at (612) 281-1203 with [ ~i~'L~ (American Society for Training and questions about the Leadership Institute program. ! ~"~Devel°pment) REAL ESTATE CREDITS G'I'S_is a public oil~ni,zalion' whose mission is to provide innovative, comprehensive, practical training and con- Participants of "Annual Planning Institutes' and suffing to address the changing management and lead- ''Beyond the Basics' can earn Continuing Real ership needs 0f por~'ynmkere, staff and appointed offi- Estate Education Credits. ciale in publicly funded organizations in Minnesota through educational ssrvi~m designed to enhance indi- REGISTRATION/CANCELLATION vidual competency and-through organizational services designed to strengthen group effectiveness. Register at least 7 days prior to the workshop date ll~l~ Printed on recycled paper. ANNUAL PLANNING INSTITUTE: BEYOND THE BASICS THE BASICS Thuraday, March 7, Thuraday, March 28 or Thursday, February 22, Saturday, March 2 Saturday, April 27, 1996 or Saturday, March 23, 1996 9:00 a.m. - 4:30 p.m. 9:00 a.m. - 4:30 p.m. Learn about preparing and using planning too/s to For those new to land use planning and zoning or interested deal with a wide variety of development problems, in a review of fundamentals plus an in-depth review of the planning process ~ INTRODUCTION TO PLANNING from proper legal notice to development of sophisti. · Why plan? cared findings of fact. · Players in the planning process · Understanding the planning process PLANNING FOR DEVELOPMENT · Elements of a comprehensive plan (Of Any Size) BASIC PLANNING TOOLS -- PART I.' · Some definitions and background ZONING, VARIANCES, CONDITIONAL USE PERMITS · How tools relate to each other Definitions, Rationale, Uses, Myths/Misconceptions, How · Subdivision exactions and dedications to's, Non-conforming Uses. · Role of comprehensive plan; standards · Public and pdvate sector perspectives ZONING CASE STUDIES: · Implementation strategies HYPOTHETICAL PROBLEM SOLVING · Legal issues Participants are placed into small groups in which they · Pitfalls/words to the wise work on rural or urban zoning issues. · Adoption requirements YOUR LEGAL LIMITS: BASIC LEGAL CONSIDERATIONS YOUR ROLE AS A DECISION MAKER · Open Meeting Law · The changing environment in land use · Conflict of interest · Legal limits · Making findings of fact that support your land-use · Procedures to keep from being sued decisions · When something goes wrong, who's liable? · Conflict of interest RECENT CASE LAW UPDATE · How your attorney can help · Video presentation: 'Rudehaven' "WHAT'S HOT, WHAT'S NOT" · Summary of recent land use cases HOT ISSUES t PART I: · Any proposed new legislation ANSWERS TO YOUR QUESTIONS (Faculty Panel) BASIC PLANNING TOOLS t PART I!: SURVIVAL SKILLS: COPING WITH THE REALITIES OF THE PLANNING SUBDIVISION REGULATION PROCESS Definition, Rationale, Uses, Content, Procedures, Design Standards, Financial Guaranties, Special Provisions. · How to (and how not to) conduct public hearings · Legal guidelines EVALUATION OF A SUBDIVISION PROPOSAL: · Practical tips from a local elected official A SIMULATION Participants work in small groups to evaluate a develop- ALTERNATIVE URBAN AREA-WIDE REVIEW er's subdivision plan using standard planning tools ~ the comprehensive plan, ordinances, and maps. QUESTIONS AND DISCUSSION OF SPECIFIC SITUATIONS (Faculty Panel) HOT ISSUES -- PART I1: ANSWERS TO YOUR QUESTIONS (Faculty Panel) FACULTY ~ BRUCE MALKERSON, Attorney, Popham, Haik, Schobrich and Kaufman lAN TRAQUAIR BALL, Planner and Attorney, Rasmussen & Ball JOHN SHARDLOW, President, Dahlgren, WILLIAM GRIFFITH, Attorney, Larkin, Hoffman, Shardlow and Uban, Inc.; planning consultant Daly & Lindgren ROBERT LOCKYEAR, Director of Planning and TERRY SCHNEIDER, Councilmember, Minnetonka Public Affairs, Washington County L, OCATIONS LOCATIONS Thursday, February 22, 1996 - No Henn. Comm. College - Room 132 Thur~lay, March 7,1996 - Kelly Inn 7411 85th Ave. No. o Brooklyn Park, MN 55445 · (612) 424-0880 Highway 23 & 4th Ave. S. · St Cloud, MN 56302, (612) 253-0606 Saturday., March 2,1996 - Sawmill Inn - Hwy. 169 So. Thurlday, Mamh 28,199~ - Earle Brown Center - U of M St. Paul Campus 2301 Pokegama Ave. So. · Grand Rapids, MN 55744 · (218) 326-8501 1890 Buford Ave. · St. Paul, MN 55108 · (612) 624.3275 Saturday, March 23,1996- Earle Brown Center- U of M $l. Paul Campus saturday, AlXt127,199~ - No Henn. Comm. College- Room 132 1890 Buford Ave., St. Paul, MN 55108, (612) 624.3275 7411 851h Ave. No., Brooklyn Pan~, MN 55445 · (612) 424-0880 FEE[ FEE $80 per person or $70 per person for 3 or more people $90 per person. This course has been approved for 6.5 from same jurisdiction. This course has been approved hours of continuing Real Estate Education Credit. for six hours of Continuing Real Estate Education Credit. HAVE WORKSHOP -- WILL CONSIDERING A GOAL-SETTING TRAVEL! OR TEAM BUILDING SESSION Government Training Service can customize the FOR YOUR GOVERNING BODY workshops in this brochure and other planning topics, especially for your community! OR AN ADVISORY COMMISSION? YOU choose the topics, date, location, and supply the GTS can Provide trained facilitators participants, We'll provide the faculty and materials. who have extensive experience~ Some possible in-house planning workshop topics include, but are not limited to: working with local governments like · Updating Your Comprehensive Plan yours! We can also facilitate a · Planned Unit Development · Environmentallssues process designed to gather citizen · Housing & Economic Development Tools · The Art of the Deal input, to guide-problem solving, to · Visionary Leadership help re-allocate scarce resources · Hanging Tough in Tough Times and-make budget decisions, or to More and more cities and counties are taking advange of this convenient, cost-effective way to help strengthen existing teams. make such educational opportunities available to those involved in local planning. OTHER BENEFITS: Using professional, objective assis- · The content can focuaon your current issues, tance can be even .more beneficial · The program can be presented for a diverse gr°Up when you-are faced with these -- advisory commission members, electa~ officials, staff, interested citizer,~, times of reduCed resources and · Costs can be shared by two or more jurisdictiof~..- - tough decisions .... Call V'n4an Hart (612) 222-7409to explore the possi- bilities. I I 4'.; _- .... * .o_ ._. JANUARY 1996 AMERICAN PLANNING ASSOCIATION Home Occupations as Accessory Uses With the rise of telecommuring, telecommunicating, and the need for day care in families with two working parents, full-time home occupations, as well as occupations that require some work at home, are on the rise. This issue of Zoning News presents a primer on the legal framework of home occupation regulations for communities wrestling with the changes wrought by technology and an evolving work~brce. Accessory uses are ordinarily permitted in residential zoning districts, provided Home occu?arions, such as this arr gallery in rural Maine, are subject to an they are incidental, secondary, or array of local ordinances governing accessory uses of residential properry. subordinate to the primaryy permitted use of the property.. It is well recognized that a professional office occupations while others refer to home occupations broadly as a or other home occupational use can constitute an accessory single category of accessory use. Both types of ordinances use in a residential dwelling. In fact, most zoning ordinances enumerate various standards that home occupational uses must specifically permit such accessory uses in residential districts meet before they will be permitted as accesso .ry uses. provided that the profession or customary home occupation is conducted in the house occupied by the worker and other Interpretation of Zoning Ordinance applicable criteria are met. Judicial interpretation of whether a home occupation is Home occupation provisions of residential zoning ordinances permitted as an accessory, use will ~bcus largely on the language of generally seek to accommodate professional business uses that the local zoning ordinance. Issues concerning ordinance are reasonably compatible with the residential districts in which construction will often settle the question of whether a particular they are located. Thus, home occupations are generally limited home occupation is valid under the terms of the local ordinance. to those uses that may be conducted within a residential When the language is susceptible to more than one dwelling without substantially changing the appearance or interpretation, courts will give weight to the interpretation that is condition of the residence or accessory structures. If the business least restrictive of the rights of the property, owner, while staying use of residential property dominates, it will not be permitted as within the confines of the ordinance. Still, if the local zoning a valid accessory use. body has substantial evidence to back its interpretation, courts will almost always accord deference to that interpretation. Ordinance Definitions of When an ambiguity exists, the principles of ordinance Home Occupation Accessory Uses construction employed by the court will depend on the type of Along with the list of permitted uses for residential zones, most provisions formulated to address home occupations. When a zoning ordinances contain provisions for accessory, uses that broadly worded provision permits such occupations if they fit explicitly, or at least implicitly, address incidental use of the the general definition of accessory use, the court will generally property for professional or occupational use. Some ordinances hold that the provision allows the occupation if it is customarily simply provide broad language that implies permission to incidental and secondary, to the primary, use of the proper ,t7 as a conduct certain home occupations. If a home occupation fits the dwelling unit. broad definition of accessory use, it may be permitted depending When the ordinance specifically lists permitted and on the scope and intensity of the occupational use. These broadly prohibited home occupations, parties will usually ask the court worded provisions demand that home occupations conform to to determine the validity of a home occupation that is not the general standards applicable to all types of accessory uses: listed. For example, in one case, the local ordinance specifically principally, that they are customarily incidental to the dominant prohibited barber/beauty shops and automobile repair shops, use of the property, as a residential dwelling, but real estate offices were not listed. The court concluded that On the other hand, many ordinances specifically address the ordinance could not be construed as prohibiting the home occupations as a subcarego .fy of accessory, uses, including operation of a real estate business from an individual's home more specific additional criteria for home occupations. Some of when such an office was not otherwise listed in the prohibition. these ordinances permit or exclude specific .types of home [ Visliset v. Board of Adjusrmenr of Cedar Rapids, 3v2 N.W.2d 316 ilowa App, 1985).j Further, another provision permitted consultant or real estate professional who knows the history of certain home occupations, including facilities used bY a permitted uses in the area. Landowners may tN' to present physician, surgeon, dentist, lawyer, clerD'man, or ortner evidence that local officials have issued building, occupancy, o professional person, for emergency consultation or treatment, home occupation permits to other landowners with the same or but not for the general practice of their profession. Finding that similar type of home occupational use. Their goal is to establish a realtor was a "professional person," and that the realtor's use that it has been a customary practice to allow certain types of of her home for calls and contacts with clients was the type of home occupations as accessory, uses. consultation use contemplated by the ordinance, the court The intensity of the use and nature of the activities concluded that the home occupation was valid, conducted in connection with the home occupation will often Another important issue may arise in home occupation cases determine whether a particular type of home occupation is when the local ordinance contains separate definitions for subordinate to the primary, use of residential property. The accessory uses and home occupations. Under these intensity of business use of residential property will often circumstances, the court will need to examine the ordinance's indicate whether the home occupation is the secondary or purpose and intent and consider whether the accessory use predominant use. definition and home occupation sections are to be construed together in light of the stated purpose set forth in the ordinance. Impact on Rosldonfiu! Character [See Plaits v. Zoning Hearing Board and Borough of Bradford A primary purpose behind single-family zoning is the Woods, 654 A.2d 149 (Pa. Commw. 1995).] preservation of neighborhood character. Accordingly, another factor considered when determining the validity of a home Validity of Home Occupation occupation is whether that use will adversely impact the A number of relevant factors contribute to the determination of neighborhood's residential character. A home occupation that is whether a home occupation is a valid accessory use. The detrimental to residential character may properly be excluded. prerequisites for a landowner to establish the right to conduct a To minimize the adverse effects of home occupations on home occupation on residential property, should be contained in residential character, some ordinances require that they be the applicable zoning ordinance. The degree to which the conducted entirely within the residence, eliminating outdoor necessary criteria are spelled out depends on how detailed the business activities. Similar restrictions may be based on language is. Broadly worded provisions may permit all types of neighborhood aesthetics, such as prohibitions against the display home occupations as long as they fit the general definition of of business signs on the property's exterior or outdoor storage of accessory, use. This type of ordinance requires that the business equipment. landowner show that the home occupation is customarily incidental and secondary to the primary use of the property as a Floor Area/Size Restrictions single-family dwelling. Other ordinances may require that the Some ordinances restrict the maximum floor area that the home landowner make this showing in addition to satisfying other occupation may use. Typically, these provisions limit home criteria specific to home occupation accessory uses. This latter occupation use in terms of a certain percentage of the floor area t?pe, which is more prevalent, can be further broken down into of the dwelling unit. They also may be phrased in terms of two general subcategories: ordinances that specifically list maximum allowable square footage. Such a requirement is permitted and prohibited home occupations, and those that do designed to ensure that the home occupation remains not identify different home occupations by name. In either of subordinate to the primary, use as a dwelling. [See Reynolds these common types, most enumerate criteria that all permitted Zoning Hearing Board of Abington Township, 134 Pa. Commw. home occupations must meet in order to be valid as accessory 382, 578 A.2d 629 (1990).] uses in residential zones. Of course, proper calculation of the floor area used for the home occupation is necessary.. Determining which areas should be Incidental and Secondary to Primary Use included in the floor-area calculation is not always cut and dried. The requirement that the home occupation use be incidental Should hallways and staircases be considered part of the floor area and secondar?, to the primary use of the residential property is for the home occupation? The exact percentage or square footage the least clearly defined of the factors used to establish the allocated to the home occupation may be subject to debate. occupation's validity since its proof depends on the fact-specific For example, in Town of Sullivans Island v. Byrum, 306 S.C. nature and scope of the occupation in relation to the dominant 539, 413 S.E.2d 325 (1992), there were conflicting views over use. To satisfy this requirement, the landowner must put forth whether an upstairs hallway should be included when calculating facts that show that the intensity of the accessory, use is clearly the percentage. The trial court excluded the hallway from the secondarv or subordinate to the use of the property as a calculation, so that the use did not exceed the 25 percent residence. Further, the landowner may need to offer proof that limitation required by the ordinance. However, on appeal, the the particular home occupation is one that is "customarily" South Carolina Supreme Court concluded that the trial court associated with single-family dwellings, had erred. The court found that all of the upstairs rooms in the Courts may simply take notice of general experience as to dwelling were part of the bed and breakfast operation, thus the what business occupations are customary in relation to only use of the upstairs hallway was for the same operation. dwellings. Evidence of customary home occupations may be When the court added the square footage of the hallway into the established through expert witness testimony from a planning floor-area calculation, the use exceeded the limitation. Onsite Residency Requirements 31drk De~m~son is an attorn~ m prtt,ate practice in Westwood, Another common criterion for establishing a home occupation .Vow Jerso'. lie ts the aut/~or of numerous books and articles on accessory use is the requirement that the landowner reside on zo~zmg, la,d use. a,d e~wtronmenral law issues, the premises where the use is being conducted. This residency 2 requirement helps to ensure that the property's primarV use is ordinance, the landowner and municipalitT may be forced to residential. Onsite residency prevents the landowner from resolve their conflicting opinions through litigation. To avotd this converting the propert5' into a business use. If a landowner does costly alternative, municipalities must do their best to spell out not reside on the premises, it may be found that the home clearly the standards they wilt use to evaluate home occupations. occupation is not secondary' to the primaU' use of the property. for residential purposes. Nonresident Employee Prohibitions Calling on Some home occupation provisions contain specific limitations the Militia on the status and number of employees that may be employed by a home-based occupation. Obviously, such a limitation James Dacev is fighting for his home. A New York appeals depends on the language of the applicable ordinance. Some court has ordered him to remove his mobile home from his land ordinances may prohibit employment altogether or state such a because it violates the town zoning laws of Perry,, New York. restriction as a prohibition against %mploymenr of anyone in But he refuses to do so, and the state is charging him 550 a day the home other than the dwelling occupant." [Ci{y of Pekin v. until he complies. Kaminski, 155 Ill.App.3d 826, 508 N.E.2d 776 (1987).] Most In 1992, Dacey applied for a permit ar a zoning board of ordinances, however, allow for limited employment of workers appeals hearing, requesting permission ro replace his existing in connection with the home occupation. Most of these impose mobile home with a larger unit. His application was denied. a residency requirement on all workers, and some additionally Dacey's home on Van Valkenburg Road is on land zoned require that the employees be family members who reside on the agricultural/residential, which allows one- and two-family units. premises. Some ordinances will permit employment of Dacev claims that there are other mobile homes in this area that nonresident workers, but they usually limit their number, do not comply with town zoning laws but are allowed to remain. No matter which .type of employment provision is contained in He then applied for a use variance, asking to become an the ordinance, this condition may determine whether the home exception to the law, and that application was also denied. The occupation is valid. For example, in a Missouri case, St. Louis court ruled that Dacey was unable to demonstrate that he would County v. Kienzle, 844 S.W.2d 118 (Mo. App. 1992), the court suffer an "economic hardship" if he were denied the variance. found that the landowners' operation of an insurance and bonding Dacey appealed and was granted a rehearing. At the business was, for the most part, not at odds with the definition of rehearing, no further information was brought forth, and he home occupation. There was no sign or any other display indicat- was again denied the application. In supporting the zoning lng that a business was being conducted inside the home, no board of appeals decision, the trial court ruled that Dacey had clients went to the residence to conduct business, and no products to remove his home within 60 days. He sought appeal in the or goods in trade were sold from the premises. Nevertheless, the appellate division, where he was ordered to remove the home court was compelled to conclude that the landowners' employ- within 30 days or face a $50 daily fine. ment of two nieces who did not live on the premises violated the In an effort to rally support behind his cause, Dacev has ordinance's home occupation employment limitation, which contacted local and national militia groups including the allowed employment of only resident family members. Michigan Militia and the Chemung Coun~ Militia. Other When it is unclear whether a particular home occupation militia groups throughout the country, have also rallied to help accessory use is permitted under the terms of the local zoning Dacey keep his home. Finding Home Occupotkmoi Use Yard · Winnie v. O'Brien, 17l A.D.2d 997, 567 tV.. ES.2d 943 (S. Ct. · Baker v. Pol~inelli, 177A. D.2d 844, 576 N. ES. 2d 460 (S. Ct. 1991) (ordinance definition of home occu~a.ti~n was broa~ general 1991) (it was reasonable/bt the zoning board to find that the dance studio was more extensive than what was intended to be one that included installation of ak, ntal chair), permitted under the ordinance as a hon.e occupation). · City of White Plains v. Deruvo, 159A. D.2d534, 552 N. ES.2d 399 (S. Ct. 1990) (ute ofresidonce in connection with limousine · Cassidy v. Zoning Board of Adjustment of City of Pit, burgh, 559 A.2d 610 (Pa. Con.n.w. 1989) (beauty shop was not home service constituted per~ni~sible customary home occupation), occupation within meaning of general zoning ordinance permitting · Osborn v. PlanningBoardoftht Town of Colonic, 146~D.2d home occupations in residentially zoneddistricts). 838, 536 N. Y.S.2d 244 (S. Cg 1989) (social worker}proposed home office use/hr the practice of her profeuion was not the · Franchi v. Zoning Hearing Board of the Borough of New Brighton, 543 A.2d 239 (Pa. Con.n.w. 1988) (landowner} accounting office don.inant use of the premises), did not qualij~ as a valid accessory use because it was not secondary Finding Home Occupational Use Invalid to the primary use as a residence). · Holsheimer v. Colun.bia County, 890 P.2d 447 (Ore. App. 1995) · Rendin v. Zoning Hearing Board ofthe Borough of Media, 488 (landowner} storage of equipment and paving materiala fbr a A.2d3 91 (Pa. Con*n*w. 1985) (zoning ordinance permitted paving business did not qualify as home occupation), professional offices in a residential district only if the practitioner · Criscione v. City of Albany Board of Zoning Appeals, 185 ago resided in the building). A.D.2d 420, 585 N. Y.S. 2d 821 (S. Ct. 1992) (law office not · Page v. Zoning Hearing Board of Walker Township, 471A.2d clearly incidental and secondary since lawyer did not reside in 1348 (Pa. Con*n*w. 1984) (vehick inspection and repair business the dwelling unit), was not activity customarily associated with dwellings). BOOK REVIEW~ proposed solutions were incorporated There are several valuable aspects of ~ . ~~...~ ~into the project. The Massachusetts the book which make it a worthwhile oesignin the Ci · A Ouide ~r ,~avo. · · ,g,., ~: . , ]', , , j Hous~n~ F~nance A~enc~, for examt)le read. The checklists and tips are prac- cares aha t'uotic cmzciats, Dy ,%flele/ . = % -' , ~ ' .*, - -:: - Jcreateo a program wnere "ouafitv oe- tical and useful. Several examples are ,r~e,et Ba,cow. Is, land Press, 1995,~/sign. was defined and then~man~lated provided to stimulate creative brain- l~a pp tpaper) / for affordable housing projects bv. in- storming. Quotes from public officials BY BARBARA DACY, AICP corporating design elements into the may come in handv for a presentation Whv does a Wal-Mart have a brick competitive scoring system, on design issues, ff a planner is gear- facade in one community and the t.vpi- The interest and pace of the book lng up for a proiect, the book's focus cai blue rock face block i'n another? Isslows in the middle chapters about on process will be helpful in shaping one more appealing than the other? grant programs, creating opportunities the project's review schedule. Brick or blue rock face block reallv for local artists, and integrating design Readers mav become frustrated with isn't the issue according to Adele 'Fleet into the development process. The the middle of the book and overlook Bacow. "Design is a process of problem tone shifts from a guidebook approach the last two chapters. More emphasis solving and creating solutions". Good to a retelling of what programs exist on financial issues is also warranted. design, she writes, is a result of a pro- where. Substantive material on fund- While the book may not have to be on cess which contains a clearly stated lng mechanisms and cost implications every, planner's sheif, it is a good, read- objective, consideration of various de- is also missing. The reader ends up able studv on design and the process. sign alternatives, and a solution which asking the question %o how did it get The reader can then decide what a best meets the stated objective. Bacow paid for?" Bacow does, however, pro- Wal-Mart should look like in his/her also emphasizes that design needs to vide a useful list of tips for selectingcommunity! relate to the surrounding neighbor- designers and also argues effectivelv for Barbara Dacy is Cornrnuni~ Development hood, considering adjacent uses, build- public agency, leaders to embrace and Director for the Cify of Fridlev. lng scale, color, t.vpe and texture of ma- support the design process. - terials, height, density, form, .symmetry. The book closes with two nice chapters ' ~ ~~A and environmental conditions. It may on education and practical tips for a be that the blue Wal-Mart looks fine in design process. Bacow proposes two ~~ jeim.~t bY the Minnesota one context but the brick Wal-Mart audiences for education: "public lead- [ .~m~ta~.(MPA) and the may be better suited in another, ers who currentlv make the decisions [' i ~ ~/amrican Bacow, currentlv senior vice president affecting our built environment and ~?-t~/~=~O~t. pA)' of a major consulting firm is Boston, children who will soon become the · .. :;: leaders or active citizens who can Massachusetts, relies on twenty years change the world around us." '~{b i~ m~d~the ~ter of urban design experience to present a ~ ~ ~AI~ mmatm, s, send to: guidebook to achieving "good design". An education program should start The book begins with three well-paced with the mayor in order to help inspire ~ i~:!, ~ ~ other members of a community's lead- · :~ ~ ~ chapters about influencing design, ad- vocating for design, and incorporating ership. The author cites the Niavors' I~,~ ~~ Institute on City. Design as a go6d ~ IL design elements into public works method to begin the education process ~' ~ MPA ~, send to: projects. Especially useful is the sec- (the institute is sponsored bv the Na- ond chapter which provides quotes - from public officials from around the tional Endowments for the Arts). ~ ~ ~ country who provide convincing an- Hearing and seeing about other suo ~ ~ ~1t~ ~ swers tb "whv it can't be done", and in ceases is inspiring, and can sometimes ~ ~ ~ general, speak to the benefits of the turn into specific action when the ~ M/amm~ ndeoa~ articles, design process. Mavor returns home. ammmammm,/~t~rs, picna~ "All mayors should be concerned with Working with schools to develop de- :. ~ (e~t/fw ~/f~0. ~)br t/~ the aesthetic effect of their city on sign curricula is also recommended. ~ ~ is lmmmy 2.2. P/ease both visitors and residents. Design is Suggested teaching tools include using ~ ~ ~ an/BM~~ dis- the first thing you see and the last existing projects for "hands-on" learn- lz, tte, ~ m ~ r~um thing you remember."- Mavor David lng, finding local architects or other ~ $, I1~, E~ practitioners to help teach and inspire, ~ ~t ~ ~ Armstrong, Natchez, Mississippi. providing walking tours of neighbor- · Ilimm~, ~ Bacow then presents examples of suo hoods or other projects, and asking the ~ ~,lmr (rail cessfu] projects where design issues students to draw or "vision" a particu- were identified early in the process andlar place or building. ~-~:. Page 2 -- i)ecembcr 15, 1995 Z.B. Z.B. December 15, 1995 --- Page 3 Adult Entertainment -- City Revokes License on Sexually Oriented occur. Although members of the public might strongly oppose the sexual bchav- Business' Opening Day ior expected at Hooters, it was more important to prevent any infringement of ltooter.; Inc. v. City of Texarkana, 897 F. Supp. 940 (Texas) 1995 constitutional rights. (_;oleman was the sole officer, director, and shareholder of Hooters inc. (a Hooters had a substantial chance of winning at trial. The evidence pre- Texas corporation unrelated to the national restaurant chain). She wanted to sented al the hearing suggested that the correctional center did not contain a operate a restaurant with nude dancing in the city of Texarkana, Texas. "church," as that term was defined by the ordinance. A church had to be a On Jan. 25, 1995, Goleman applied for a "License for a Sexually Oriented building. To call the worship space a church would mean either that Ihe church Business" as required by a city ordinance. She also paid a nonrefundable "building" moved every time the worship space moved, or that the entire $4{}{} application fee. The application stated the business would be an "[a]duit correctional center was a "church." The stated purpose for the ordinance's lc}abater, or food service, private or public parties and meeling area" called distance requirement also suggested the worship space was not a church -- iiooters Inc., d/b/a Executive Room. Apparently, the nude dancing would be the ordinance sought to prevent sexually oriented businesses from having a the main feature lhat drew customers into the restaurant, dehumanizing effect on people attending the family-often.ted activilies offered Under the city ordinance, an adult cabaret was a nightclub or restaurant by churches. The correctional center's services were not family oriented; in that featured nudity (real or simulated), live performances in which "speci- fact, family members were not allowed to participate. No city officials involved fled anatomical areas" were exposed, or films or videos showing sexual activ- with Hooters' license even knew the services were offered, and the police ily or "specified anatomical areas." Sexually oriented businesses were not chief did not find out about them until three days before revoking the license. allowed within 1,000 feet'of a church or school. The ordinance defined a The inmates who participated in worship services were incarcerated, so they church as "a building in which persons regularly assemble for religious wot- were not subjected to Hooters' "dehumanizing influence." ship and activities." Even if Hooters failed to prove there was no church in the correctional Two days after Goleman filed the application, the city's planning admini- center, it might successfully claim at trial that the city's conduct prevented it slrator sent her a letter that stated the location was not within 1,000 feet of a from revoking the license. Hooters' president paid a nonrefundable applica- chnrch or school. On Feb. 2, the city's police chief issued Goleman a license, tion fee, and the city issued her a license. Hooters then spent almost $1(){},0{)0 Goleman spent nearly $100,000 remodeling. On May 8, 1995, the night remodeling the space. When the business was about to open, the police chief Goleman planned to open the business, the police chief revoked the license, decided to revoke the license. The chief said the business was within 1,000 feet of a church. The alleged Coe ~. City of Dallas, 266 S.W. 2d 181 (1953). church was inside the Bowie County Correctional Center. Rosenthal v. City of Dallas, 211 S.W. 2d 279 (1948). liooters sued Ihe city. }looters claimed the city -- by revoking the license -- violated its free speech aod due process rights under the state and federal Nonconforming Use~Neighbors Challenge Conversion From Two-Family conslitutions. Home to Battered Women's Shelter Hooters also asked the court to order the city to let the business open and Neighbors Together Homeowners & Tenants Association v. Neufeld, operate under the license pending a trial. It said that although the county 631 N.Y.S.2d 428 (New York) 1995 could legally provide religious services for its inmates, it could not fund a A two-family house in the village of Mamaroneck, N.Y., was a noncon- church. During the hearing on Hooters' requested order, there was testimony forming use. My Sisters' Place inc. wanted to convert the house into a shelter that the correctional center used 2,4{}{} of its 32,000 square feet for worship, for battered women and their children, and applied to the village building preaching, and singing, ttowever, the actual space it used for these religious inspector for permission to do so. The inspector denied the application. services got shifted around and was used for other things as well. My Sisters' Place appealed to the village's Zoning Board of Appeals. Under DECISION: Motion granted, the village zoning code, the board could grant the application if there was ttooters was entitled to an order letting it operate pending trial, evidence the new use would be less nonconforming than the old. After hold- The nude dancing at the business was protected expression under the First ing a public hearing and considering many documents supporting and oppos- Amendment to the federal Constitution. To deny tlooters the right to have lng the plan, the board found the shelter would be less of a nonconforming nude dancing, even for a short time, would deprive it of its "primary drawing } use and more in harmony with the area. card." This harm outweighed the minimal threat to the city if the business The Neighbors ~lbgether Homeowners & Tenants Association asked a court wc~c allowed to be open until trial. In that short period, there would not be to review the board's decision. The court dismissed the association's case. enough time for Ihe secondary effecls about which the cily was concerned to The association appealed. CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 '~ PLANNING COMMISSION MINUTES January 2, 1996 City Hall, 7:00 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Vice-Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Landy, Underdahl, Sonsin, Cassen, Stulberg, Damiani Absent: Oelkers Also Present: Kirk McDonald, Management Assistant, Steve Sondrall, City Attorney, Alan Brixius, Planning Consultant ELECTION OF Vice-Chairman Sonsin stated the first order of business for the January OFFICERS meeting is to elect officers for the coming year. Vice-Chairman Sonsin then opened the floor for nominations for officers. Commissioner Underdahl nominated Bill Sonsin as chairman, seconded by Commissioner Landy, and was unanimously approved by acclamation. Commissioner Landy nominated Sharon Cassen for Vice-Chair, seconded by Commissioner Stulberg, and was unanimously approved by acclamation. Commissioner Landy nominated Commissioner Underdahl for Third Officer, seconded by Commissioner Cassen, and was unanimously approved by acclamation. CONSENT ITEMS No Consent Items. PUBLIC HEARING Chairman Sonsin introduced for discussion Item 3.1, Request for Sign PC 95-31 Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Item 3.1 Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas 8oettcher, Petitioner. Mr. McDonald stated that the petitioner's representative was in the audience, however the petitioner was not in attendance yet. Chairman Sonsin asked for a motion to table Planning Case 95-31 until the petitioner arrived. MOTION Motion by Commissioner Landy, seconded by Commissioner Underdahl, to Item 3.1 table until later in the meeting Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Voting in favor: Landy, Underdahl, Sonsin, Cassen, Stulberg, Damiani Voting against: None Absent: Oelkers Motion carried. PC 95-20 Chairman Sonsin introduced for informal discussion Item 3.2, Item 3.2 Consideration of An Ordinance Amending the New Hope Zoning Code by Defining Understory and Overstory Trees and Modifying Landscaping Regulations for Semi-Public and Income Producing Property, City of New New Hope Planning Commission - I - January 2, 1996 Hope, Petitioner. Chairman Sonsin pointed out that this was not a formal public hearing, but an informal discussion with the Commissioners, staff and City Forester. If an agreement can be reached, a formal public hearing will be held at the February Planning Commission meeting. Mr. Brixius informed the Commission that this ordinance was a recommendation that originated with the Citizen Advisory Commission last May. The CAC requested that staff review the current regulations pertaining to the landscaping requirements in the zoning ordinance. Five recommendations came from that Committee including: (1) Eliminate the list of suitable plant material from the ordinance §4.033(4)(b)(iv); (2) Update the current list of trees prohibited on the public right of way and include reasons why these trees should be excluded; (3) Establish a list of trees prohibited on private prop. erty, including why those trees should be on the list; (4) Establish an ordinance to set up a hazardous tree program; and (5) Establish a boulevard tree maintenance program. Mr. Brixius stated that staff responded to these recommendations. First, the list of suitable plant materials was reviewed and staff was in agreement that this list should be eliminated. The current list is limited and outdated and puts unreasonable restrictions upon landscape designers as far as what might be planted/placed within a property. There are species and plants not currently listed that would be valuable additions within the City of New Hope. Staff's recommendation would be to eliminate this section of the ordinance by repealing it and establishing a preferred tree list that would be used as a guideline rather than adopting this list by ordinance. It would be available at City Hall and administered by the City Forester. The second recommendation was to update of the current list of prohibited trees on public right-of-way including the reason why the trees are not allowed. There are a number of reasons why trees are not permitted including: roots, poor tree strength, potential overhangs, breaking of limbs falling on cars, etc. These reasons were outlined in the planning report. After reviewing the list, it was determined a number of trees should be added to this list including the female "Ginkgo" and Black Locust. Some of the trees on the list should be deleted such as the Red Maple, Tree of Heaven, Northern Catalpa and Elm varieties. The list of trees for right-of-ways should be more specific as to what is or isn't allowed. Mr. Brixius stated that it is important to understand that the only areas this section of code deals with are the trees in the public right-of- ways, under City control, and does not pertain to any areas of the yard (private property). Mr. Brixius continued saying the third recommendation was trees prohibited on private property and reasons why the trees are on the list. After much debate among City staff, the recommendation was not to try to establish a list of prohibited trees on private property as enforcement of this would be very difficult. When dealing with public right-of-way, the City has control of the right-of-way and it can be effectively monitored and enforced. However, when dealing with private properties and disputes between neighbors, the situation becomes difficult and more problems would be created for the City. Staff feels that establishing a hazardous tree program, reCommendation four, would be difficult to maintain, especially on private property. It would be difficult for City staff to determine what is a hazardous tree, when it becomes hazardous, what the potential impacts are on the property, the location of the tree and impact New Hope Planning Commission - 2 - January 2, 1996 on surrounding land. These areas leave the City open to much exposure and staff feels it would be inappropriate to get into that position. The final recommendation was to establish a boulevard tree maintenance program. Staff is in agreement with this recommendation, however this is a Public Works budget item rather than a zoning ordinance element. Therefore, this recommendation is not being dealt with at this time. Mr. Brixius summarized the changes saying there needs to be some definition on overstory and understory trees: deletion of provisions for acceptable boulevard trees; amend the prohibited trees within the public right-of-way by deleting some and expanding other varieties. The provision of §4.033(4)(iii)(bb-cc) allows for some trees to be located within the public right-of-way or prohibited within the public right-of- ay and should be approved by the City Forester. These include Coniferous variety of trees and some lower or understory shrubs. Upon further discussion with the City Attorney and staff, the conclusion was reached that this provision be deleted from the ordinance, rather than leaving the decision totally to the discretion of the City Forester, as there are already problems dealing with trees of this type in the "site trinagle" on corner lots. Mr. Brixius explained further that the City would also offer to its residents a list of preferred trees as a guideline at City Hall which will not be a part of the ordinance. Commissioner Underdahl questioned whether the City could provide guidelines for trees on private property. Mr. Brixius answered that the list of preferred trees is what is suggested as far as guidelines. Staff felt it best not to prohibit specific species because then the City is also responsible for enforcement. The guidelines are the preferred tree list and outlines all the trees that staff feels are preferable in the City and it will exclude those that are not popular due to hardiness of the tree or not appropriate for the Minnesota climate. These guidelines will include private and public properties. Chairman Sonsin questioned whether the Design & Review Committee had a chance to review the changes. Commissioner Cassen felt that the changes being recommended are favorable. Commissioner Stulberg agreed that it makes sense to not try to regulate what goes on private property. The Design & Review Committee can review the landscaping schedule on a case by case basis and determine if the plantings are appropriate and in line with City ordinances. Commissioner Damiani questioned how the public would obtain this list of preferred trees. Mr. Brixius explained that through publications, i.e., the City Report, SunPost and word of mouth, the public can be made aware that there is a handout listing the preferred trees. Mr. McDonald interjected that this will definitely be reported in the City newsletter. Commissioner Cassen agreed that an article in the City Report would be a good idea and also to include this information in the New Resident Packet, or send to developers in the area. Chairman Sonsin stressed that this information should be included in the next City Report as residents will soon be thinking of spring and gardening. Mr. Schuster, City Forester, added that the goal of this ordinance change is to simplify things. Residents may not be aware of the scientific names of trees as listed in the ordinance. If there are any questions, they can contact the City Forester for clarification. Nurseries usually sell trees by their common name, however they buy trees by their scientific name so this information is available at the nursery. Some of the trees on the preferred list are not as common as others and it may not be known if the New Hope Planning Commission - 3 - January 2, 1996 tree is hardy enough to withstand the Minnesota winters unless someone takes a chance and tries to grow a lesser known variety. Rather than including the tree list in the ordinance, it makes sense to just-ha~e this information available at City Hall for the public. The list will be a useful tool in the long run. Chairman Sonsin questioned if the City is actively trying new species to see what grows in Minnesota and if there was written information that can be shared with the homeowner or does the homeowner need to talk to the City Forester. Mr. Schuster informed the Commission that the City does not do a lot of planting, but that he does look for new species that will do well here. The Green Ash and Silver Maple do well in New Hope. Commissioner Underdahl wondered if the hazardous trees will be listed, like the Ginkgo. Mr. Schuster replied that the preferred list instructs residents to take into consideration the hardiness of the tree, mature size, tolerance to salt, pest disease resistance, cleanliness, litter problems, rooting habits, maintenance requirements and soil compatibility. Any tree will fail eventually, however any one or combination of these items will reduce the life of the tree. A homeowner should know the type of soil in their yard an~l take into consideration some of the other requirements of the tree they are planting and a lot of hazardous trees will be eliminated. This information will be included with the tree list. Commissioner Cassen suggested that if the list of preferred trees is listed in the City Report, staff should also include information on site lines, not only when the tree is planted but when the tree is mature. Chairman Sonsin added that nurseries give information on how close trees can be planted, but there are times the tree gets bigger than anticipated and this should be considered at the time of planting. Mr. McDonald pointed out that this is the reason' coniferous trees were deleted from the boulevard because the City is constantly dealing with the site triangle problem and asking residents to trim back the large pines. Chairman Sonsin commented that there will be formal public hearing on this issue at the February Planning Commission meeting and if any of the Commissioners have additional suggestions before that time, contact staff or the Planning Consultant. Chairman Sonsin inquired about the height of overstory trees being 25 feet or more and understory trees being 25 feet or less. He suggested that this point be clarified so there can be no questions raised in the future. PC 95-31 Chairman Sonsin requested a motion to remove from table Planning Case Item 3.1 95-31. MOTION Motion by Commissioner Landy, seconded by Commissioner Cassen, to Item 3.1 remove from table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, Autohaus of Minneapolis/Thomas Boettcher, Petitioner, Voting in favor: Landy, Underdahl, Sonsin, Cassen, Stulberg, Damiani Voting against: None Absent: Oelkers Motion carried. Mr. McDonald stated that the petitioner is requesting sign variances/ New Hope Planning Commission - 4 - January 2, 1996 approval of a Comprehensive Sign Plan to allow wall and ground signs that exceed Sign Code requirements in number and size. In 1989, the City approved the Autohaus development at 7709 42nd Avenue North.-'.At the time of the approval, Universal Color Lab, Inc. was leasing space in front of the building, with the understanding that at some point in the future they would be moving off of the site and that Autohaus would occupy the entire building. Also a CUP was issued for a drive-through window this past summer for Universal Color Lab to move into the Kuppenheimer building across the street from the Autohaus site. Universal Color has since moved out of the Autohaus site and into their own building. Autohaus and related auto-oriented businesses are now in the process of occupying the entire building and would like to proceed with the installation of signage on the entire building now that Color Lab is no longer located on the site. Some of the proposed signs exceed the requirements of the Sign Code, therefore this application has been made for variances. This particular site is zoned B-3, Auto Oriented, and surrounding businesses are basically commercial in nature with the exception of industrial zoning to the south. Mr. McDonald reported that the Sign Code requirements are outlined in the report. The Sign Code establishes criteria for signs that are accessory to single occupancy and multiple occupancy businesses. Those requirements are basically the same and staff have applied the multiple occupancy standards to this request because there are going to be three auto-related businesses in this building -- AutoBody Plus, Autohaus Sales, and Autohaus Repair. Each will have a different entrance and different signage. The ordinance states that "when a single building is devoted to two or more businesses, a comprehensive sign plan for the entire building shall be submitted." It is the City's intention to establish general requirements for the overall building only, thus providing the building owner with both the flexibility and responsibility to deal with his individual tenants on their specific ground signs. Mr. McDonald continued saying that multiple occupancy structures may erect ground signs that identify each separate and distinct occupancy. No more than two ground signs are permitted on any lot and only one ground sign if the building contains more than one wall sign over 10 square feet. The maximum sign area shall not exceed 75 square feet, a height requirement of 20 feet and a setback of 10 feet off the property line. Autohaus is proposing to install two signs on one pylon. Each sign would be 72 square feet and would be installed on the current support structure. The support structure would be revised and radius end shrouds would be added. The total height of the sign would be 20 feet. The bottom sign would be 72 square feet (12' x 6') and would read "AutoBody Plus" with red lettering, a black background and blue accent stripes. The top sign would also be 72 square feet (12' x 6') and state "Autohaus Sales and Leasing" with white letters with red accents and "ASE Certified Auto Service" with blue letters. The entire sign would have a black background. The Sign Code states that only one 75 square foot ground sign is allowed if the building contains more than one wall sign over 10 square feet. The wall sign package is more than 10 square feet, and if the petitioner wants two ground signs, a variance is needed from the Sign Code. If the petitioner proposed the two ground signs and wall signs of only eight square feet, a variance would not be required. In a discussion with the Planning Consultant, he indicated that the intent of the code is to either allow a business a lot of signage on a ground sign or a lot of signage on the wall, one or the other. The ground sign needs a variance because New Hope Planning Commission - 5 - January 2, 1996 there are two signs. Mr. McDonald added that there is an existing third ground sign on the site from the Animal Hospital, which is against Code, and any granting of a variance needs to include removal of this' sign. Mr. McDonald next discussed the wall sign package. The City Code states that the total allowable wall sign area for a multiple occupancy structure shall not exceed 15% of the combined wall surfaces and no individual tenant identification sign may exceed 100 square feet in area, Autohaus is proposing six wall signs. The three on the front of the building would include one sign of 16 square feet (2' x 8') for AutoBody Plus; one 30 square foot (30" x 12') Autohaus Sales & Leasing sign and one similar 30 square foot sign for Autohaus Certified Auto Service. In discussing with the Planning Consultant, the opinion is that these signs are alright because they are under the 100 square foot requirement. The sign plan for the east elevation shows 9 square feet, however the measurements on the sign calculates to 16 square feet. In discussing this with the consultant for Autohaus before the meeting, he indicated that this sign is eight square feet. Revised plans should be submitted to show correct sizes of the signs. Mr. McDonald pointed out that the Sign Code states that delivery signs not exceeding nine square feet may be located on side or rear walls of the structure. The Commission will need to determine whether or not these are considered delivery signs. The Sign Code also does not identify how many delivery signs are allowed. Therefore, if the sign on the east wall is indeed eight square feet and the Commission considers it to be a delivery sign, it would not require a variance. There are two signs on the west side of the building. One sign has the same discrepancy in the plan and may be eight square feet for AutoBody Plus. The sign for Autohaus Certified Auto Service is a 30 square foot sign and would require a variance. In addition there would be two additional awning signs with the company name on each awning. Mr. William Cragg, Signcrafters, representing the sign company came forward to answer questions. The smaller signs in question over the doors are for customers to identify which tenant is in each space. The actual signage for Autohaus will be a little larger than the other two businesses. The lettering for the sign for Autohaus Service could be changed to allow a smaller sign for that entrance. It was confirmed that the front signs meet the Sign Code as they were proposed. The variances requested, therefore, are for the signs on the east and west sides of the building, which will be used for customer identification for each business as each of the three businesses are separate, and for the ground signs, Commissioner Landy questioned why there is such a large variance being requested for the pylon sign. Mr. Cragg .replied this is being requested so that each tenant can identify their separate business. The pylon signage for Autohaus and Universal Color is the same square footage as what is being proposed. Commissioner Landy pointed out that the Sign Code states one 75 square foot ground sign and the request is for two 72 square foot ground signs. Mr. Cragg responded that there are two separate companies and each is being identified. Commissioner Landy disagreed with this point. Commissioner Stulberg explained that the purpose of a variance is not based exclusively on the desire to increase the value or income potential of the business involved. While the Commission and Council desires to be as agreeable as possible with businesses in New Hope, he would have a hard time granting a variance when the purpose of a variance is so clear New Hope Planning Commission - 6 - January 2, 1996 cut. Mr. Cragg stated that he would have to propose an alternate plan to the customer. Co~missioner Landy added that the purpose of a variance is also to show hardship and in his opinion there is no hardship shown. Autohaus has been in this location for several years and is well known. Mr. Cragg replied that AutoBody Plus has not been in this location and is a separate entity with a separate owner. Commissioner Landy also stated that he would have a hard time granting a variance. Mr. Tom Oestreich of Autohaus came forward. Chairman Sonsin emphasized that the thrust of the planning report is that this is three separate businesses, and he has always felt that Autohaus is one business at that location no matter if it is sales or repair work. Chairman Sonsin asked for clarification if there are three businesses with one owner or if there are separate owners. Mr. Oestreich explained that originally there was sales, service and auto body. The last few years the decision was made to not be involved with the body shop business. Mr. Oestreich stated that the body shop entity was sold along with all of the equipment. Mr. Boettcher is the owner of the property. Autohaus Service and Autohaus Sales remain from the original business. Mr. Oestreich has proposed that he would buy out the service portion of Autohaus and lease the space that was vacated by Universal Color. Chairman Sonsin requested clarification on the businesses and owners and if there are two or three businesses. Mr. Oestreich explained that he had thought about changing the name of the service department, however so many customers are referrals that this would be difficult to do. If the name would be changed, it would be Autohaus of New Hope and the font style would be different on the signage. If the plans proceed to buy out the service department, Mr. Oestreich would be the owner of service, Mr. Jeff Benzinger is the owner of AutoBody Plus, and Mr. Boettcher is the owner of Autohaus Sales. Chairman Sonsin confirmed that there are three separate businesses and three separate owners, assuming that the service department sale proceeds. Chairman Sonsin maintained that he shares some of the same concerns as the other Commissioners with the size of the variance and the enormous amount of signage. The business has been an asset in New Hope and the site has vastly improved over the last several years. Chairman Sonsin stated that the petitioner and staff should work together to cut down the volume or number of signs to get the proposed sign plan in closer conformance with the Sign Code while maintaining the petitioner's needs. There are also several inconsistencies in the existing sign plan. Commissioner Sonsin advised the petitioner that this request would probably be tabled and that they should submit a revised sign plan. Mr. Oestreich called attention to the sign for the auto body shop and that it is set further back from the street and needs to be larger to be visible from the street. The petitioner felt that the wall sign is more important for his service department. Commissioner Underdahl questioned if the sign needs to be as large as proposed. Mr. Oestreich explained that he has not had opportunity to study the size of the signs extensively and was asked to attend the meeting at the last minute. Commissioner Cassen expressed that the front signage was alright since this is advertising. The signs on the east and west sides of the building are more directional signs to let people know where to go and the proposed signs are much too large and should be greatly reduced in size as these.are not intended for advertisement. Commissioner Cassen agreed that the canopy signs are good. Mr. Oestreich stated that the service door New Hope Planning Commission - 7 - January 2, 1996 signage, which is where the customer would enter, is more important than the signage over the garage door and also feels that there should be no problem meeting code. Commissioner Cassen suggested that revised plans be submitted that meet Sign Code requirements. ~-~ Commissioner Stulberg cautioned that the Commission should be careful to approve such a large variance to the Sign Code in a major area of the City's business community and have other businesses along the same street request signage the same size. Mr. Cragg reminded the Commissioners that the reasoning behind the 72 square feet for each sign was that there are two tenants in the building and the understanding was that each business was allowed that much signage. Other businesses in the area have only one business per building. The lighting on the sign at night will only have the letters illuminated and not the entire sign. Commissioner Stulberg agreed that the problem is not the lettering, etc. of the sign, but the quantity and size. Mr. Cragg asked for clarification of the code to in order to revise the plans for the ground sign and was told that one ground sign would be allowed with up to 75 square feet, if there are wall signs over 10 square feet. The ground sign can have two names on it. Chairman Sonsin reiterated that the Commission does not regulate the content or what is written on the sign, but instead size. All three businesses could be listed on the one ground sign. Mr. Cragg stated that the sign plan would be revised. Commissioner Landy reminded the petitioner that the second ground sign from the Animal Hospital needs to be removed. Commissioner Underdahl also reminded the petitioner that there is a lO-foot setback that needs to be complied with. Chairman Sonsin invited the petitioner to return with revised plans at the February Planning Commission meeting and to work with City staff if more direction is needed regarding sizes of signs to reduce the variance request. MOTION Motion by Commissioner Underdahl, seconded by Commissioner Landy, to Item 3.1 table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Voting in favor: Landy, Underdahl, Sonsin, Cassen, Stulberg, Damiani Voting against: None Absent: Oelkers Motion carried. PC 95-21 Chairman Sonsin introduced for informal discussion Item 3.2, Item 3.3 Consideration of An Ordinance Reclassifying Various Conditional Uses as Permitted Uses Within the B-l, B-2, B-3 and B-4 Zoning Districts, City of New Hope, Petitioner. Mr. Brixius stated that he met With the staff and the Building Official and it has been determined that there are a number of areas of the ordinance, regarding what is a permitted use and what is a conditional use, that are much more restrictive than need be. A conditional use permit is an application process that takes 45-60 days and includes a $450 fee. In reviewing this ordinance as far as age, established character and established zoning and shopping center arrangements, staff feels that in New Hope Planning Commission - $ - January 2, 1996 a lot of cases the conditional uSe permits are not necessary and, in fact, cumbersome for businesses to enter the community. In giving attention to this issue, each ZOning district was studied and specific recommendations have been made as to what conditional uses should continue to be conditional uses and what should be changed to permitted uses. The purpose of the B-l, Limited Neighborhood Business, District is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. This District is very limited in the community in that there is only one B-1 Zoning District. The uses are very restrictive within that District including government and utility buildings, professional and commercial offices. When considering the District and what it is intended to do, both of these uses could be permitted uses within this District. This then gives this property an opportunity to culminate additional uses without having to go through the conditional use application process. Mr. Brixius continued with the B-2, Retail Business, District which is to provide for Iow intensity, retail or service outlets which deal directly with the customer for whom the good or services are furnished, and is more restrictive than the B-4 District. There are a number of uses listed as conditional uses, however, some are listed as both conditional and permitted uses. These become quite confusing as to how the uses should be treated. In an effort to clarify this, several recommendations have been made. In the B-2 District most of the uses that were previously listed as conditional have been changed to permitted and include government and utility buildings, professional and commercial offices, banks without drive- through facilities, electronic appliance stores, fabric stores, restaurants without drive-through facilities, camera and photographic supply and book stores. Staff feels that each one of these uses can compatibly co-exist within the character of the B-2 District and would still require a site plan review and as a result feel that the conditional use requirements are overly restrictive. Commissioners should note that in the case of banks and restaurants with drive-through facilities staff is still asking that these be listed as conditional uses as it is felt that traffic and drive-through arrangements have extraneous impacts on the site that can affect adjacent properties and should require closer inspection. Mr. Brixius reported that the B-3, Auto-Oriented Business District, uses are listed correctly and should remain as is. Mr. Brixius continued with the B-4, Community Business District, by saying that this is the most generalized District. The uses that would be changed from conditional uses to permitted uses in the B-1 and B-2 Districts would roll over as permitted uses within this District. One area of discussion was a veterinary clinic and whether that use should be changed from a conditional use to a permitted use. Staff felt that there are a number of extraneous factors very unique to a veterinary clinic, such as the boarding and keeping of animals, noise consideration, odors, disposal of deceased pets, etc. which would require some attention by City staff and it is being recommended that this remain a conditional use. Recently discussed to a great extent was commercial recreational uses and for the most part these uses should remain a conditional use. However, there are opportunities in the shopping centers for smaller commercial recreational uses, such as a karate school or dance studio with less than 4,000 square feet of floor area, be a permitted use within the B-4 District. The focus is to make it easier to start a business in New Hope, to eliminate the areas of New Hope Planning Commission - 9 - January 2, 1996 conditional use where it is not appropriate or required, and maintain the integrity of the conditional use permit by requiring those uses which have unique features and require special attention as conditional uses. The changes that have been suggested are not unique within the character of the Zoning Districts described. One of the exhibits included with the planning report is a matrix showing how the changes were made, the current use and the proposed change. Commissioner Underdahl questioned the meaning, in the Planner's report, of the item regarding restaurants without drive-through facilities proposed to be conditionally permitted in the B-3 District and permitted in the B-2, B-3 and B-4 Districts. Mr. Brixius replied that the sentence should read a conditional use in the B-1 District not a conditional use in the B-3 District. This use, restaurant without drive-through, would be allowed in a B-l, Neighborhood, District by conditional use and the use would have to be directly related to the neighborhood it is serving. The matrix shows restaurants with drive-through facilities to be a permitted use in the B-3 District because this is an Auto-Oriented District. It was the consensus of the Commission to change restaurants with drive-through to a conditional use in the B-3 District. To clarify these uses it is noted that restaurants with drive-through facilities are not permitted in Bo1, and would be a conditional use in the B-2, B-3 and B-4 Districts; restaurants without drive- through facilities would be a conditional use in the B-1 District and permitted uses in the B-2, B-3 and B-4 Districts. Commissioner Underdahl also questioned //74 on the matrix regarding the drive-in and convenience food which are not permitted in any District. Mr. Brixius explained that the reason for this is that drive-in and convenience foods have been combined with restaurants. The City Attorney listed drive-in and convenience foods in one land-use arrangement in the draft ordinance. The only distinction being whether the dishes/containers were disposable or not. The land use categories are being combined to include restaurants, convenience drive-in, etc. Commissioner Underdahl wondered whether or not a drive-through needs to be listed with the category of camera/photographic supplies since there is now one use like this in the City and should this be considered. Mr. Brixius agreed that this could be changed on the matrix to include a conditional use for a drive-through camera/photographic supply. Chairman Sonsin advised that if the Commissioners had any questions or thought of any revisions that should be included in this ordinance to contact Mr. McDonald. Commissioner Underdahl questioned whether the issue of tattoo parlors being a permitted use and some other businesses being conditional uses has been corrected with this ordinance and it was confirmed these items have been changed. Mr. Brixius stated that there is agreement that some of the smaller type businesses would not need a conditional use permit providing all the requirements are met. The City Attorney added that by eliminating some of the conditional uses, the businesses will be regulated through licensing procedures. Through licensing there is a set of procedures that need to be followed prior to obtaining a license for tattoo parlors, for example. The philosophical discussion centers around whether tattoo establishments or the art of tattooing is a legitimate service business the same barber shops, etc. It would be difficult for the City to try and rezone a legitimate business out of the City. The way to insure New Hope Planning Commission - 10 - January 2, 1996 against health and safety issues is through regulation by licensing requirements. Commissioner Cassen also added that licensing Would provide for annual insPeCtiOns. -'. Commissioner Stulberg questioned the Building Official's memo regarding the CUP process for drive-through eating establishments but not for any other business as long as a site plan is on file. After some discussion by the Commission and staff, the consensus was that the ordinance requires the CUP process for all drive-through establishments because this does affect the site and traffic patterns. Mr. Brixius cautioned that all drive- through establishments should be handled in the same manner whether the use is for an eating establishment or a bank or some other type business. Chairman Sonsin recapped that all drive-through establishments would require the conditional use process. Commissioner Cassen questioned the zoning for the multi-family housing just to the north of Kmart. Mr. McDonald replied that this is zoned R-5, Senior/Disabled Housing. Chairman Sonsin confirmed that there would be a formal public hearing on this ordinance at the February Planning Commission meeting. Mr. Brixius added that a corrected matrix will be sent to the Commissioners before the meeting. COMMITTEE REPORTS Design & Review The Design & Review Committee did not meet in December, but will be Item 4.1 meeting in January. Mr. McDonald stated he believes that plans will be submitted for an expansion by Taber Bushnell. Codes & Standards' Chairman Sonsin stated that Codes & Standards did not meet in Item 4.2 December, but will be meeting on January 17th and will continue discussion on flashing/moving electronic signs and 60-day zoning legislation. Mr. McDonald added that an issue the Codes & Standards Committee should review during 1996 is pawn shops. Staff has received calls regarding this issue and the City does not have any regulations on pawn shops at this time. The City Attorney mentioned that pawn shops do have some inherent problems with them and it is possible to argue that they could be prohibited. There are different schools of thought on the idea of pawn shops. The Code does not list pawn shops specifically, and under the current ruling if the Code does not list a business, it is prohibited in the City. The Code should probably list some reasons why pawn shops are prohibited. Chairman Sonsin added that the Codes & Standards Committee should also review other areas of the Sign Code. Mr. Sondrall raised the issue of therapeutic massage and that this issue should also be reviewed by the Codes & Standards Committee. OLD BUSINESS Miscellaneous Issues There was no discussion regarding the miscellaneous issues. NEW BUSINESS The Planning Commission minutes were approved as written. Chairman Sonsin next discussed Committee assignments and the number of Commissioners on the Planning Commission. Chairman Sonsin New Hope Planning Commission - 11 - January 2, 1996 suggested that the Commission contain an odd number of Commissioners, for purposes of maintinaing a quorum, and would like to see two new members added. Mr. McDonald interjected that City Code currently'states that "the Commission shall consist of ten members" and an ordinance is being presented to the City Council to change this ordinance to read that "the Commission may consist of ten members." Chairman Sonsin asked if any Commissioners would like to change to a different Committee and Commissioner Stulberg stated he was considering moving to the Codes & Standards Committee. Chairman Sonsin remarked that current Commissioners should change now if any wanted to and the new Commissioners would be assigned to a Committee. Chairman Sonsin stated that he would like to remain as Chairman of the Codes & Standards Committee, in addition to being Chairman of the Commission. ANNOUNCEMENTS Mr. McDonald stated he would let Commissioners know the date that Bob Gundershaug will be recognized by the Council for his service to the City. Commissioner Damiani commented that the public works remodeling seemed to be very expensive. Commissioner Stulberg also mentioned that the last report on the ice arena expansion seemed to be more expensive than originally reported. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:38 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary New Hope Planning Commission - 12 - January 2, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 ~'- Approved City Council Minutes December 11, 1995 Regular Meeting #22 City Hall, 7:00 p.m. CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice thereof; Mayor Erickson called the meeting to order at 7:00 p.m. PLEDGE OF The City Council and all present stood for the Pledge of Allegiance to the ALLEGIANCE Flag. ROLL CALL Present: Erickson, Enck, LaVine Norby, Otten, Wehling Staff Present: Sondrall, Hanson, Donahue, Leone, McDonald, Bellefuil APPROVAL OF Motion was made by Councilmember Enck, seconded by Councilmember MINUTES Wehling, to approve Regular Meeting minutes of November 27, 1995. Voting in favor: Erickson, Enck, Wehling; Abstained: Norby, Otten; Absent: None. Motion carried. OPEN FORUM There was no one present to address the Council for the Open Forum. Item 5 CONSENT BUSINESS Mayor Erickson introduced the consent items as listed for consideration and Item 6 stated that all items will be enacted by one motion unless requested that an item be removed for discussion. Item 6.7 was removed for discussion. MOTION Motion was made by Councilmember Otten, seconded by Councilmember Consent Items Wehling, to approve all remaining items on the Consent agenda. All present voted in favor. Motion carried. BUSINESS LICENSES Approval of Business Licenses. Item 6.1 FINANCIAL CLAIMS Approval of Financial Claims Through December 11, 1995. Item 6.2 CLAIM 95-21 Acknowledgement of Liability Claim No. 95-21 (Stanley Karp). Item 6.3 RESOLUTION 95-203 Resolution Authorizing City Staff to Draw Upon Flag Addition Letter of Item 6.4 Credit. RESOLUTION 95-204 Resolution Re-Appointing Citizen Advisory Commission Members for One- Item 6.5 Year Terms Expiring December 31, 1996. RESOLUTION 95-205 Resolution Re-Appointing Dan Nordberg to the Citizen Advisory Arts Sub- Item 6.6 Commission for a One-Year Term Expiring December 31, 1996. RESOLUTION 95-206 Resolution Accepting Resignation of Robert Gundershaug from the New Item 6.8 Hope Planning Commission and Extending Appreciation for His Service. New Hope City Council December 11, 1995 Page 1 RESOLUTION 95-207 Resolution Re-Appointing Richard Henry to the Personnel Board for a Three- Item 6.9 Year Term Expiring December 31, 1998. RESOLUTION 95-208 Resolution Re-Appointing Richard Quarnstrom to the Fire Personnel Item 6.10 Committee for a Term Expiring December 31, 1997. RESOLUTION 95-209 Resolution Re-Appointing Councilmember Enckto the Civil Defense Board. Item 6.11 RESOLUTION 95-210 Resolution Re-Appointing City Manager as Director to the HRG Board for Item 6.12 a Term Expiring December 31, 1996. RESOLUTION 95-211 Resolution Adjusting 1995 CIP Budget for Central Garage Expenditures. Item 6.13 RESOLUTION 95-212 Resolution Authorizing the 1995-95 CIP Authorizing Transfer of $12,000 Item 6.14 from Pool Drop Slide to Swimming Pool Study. RESOLUTION 95-213 Resolution Approving Agreement with Events of Distinction to Assist with Item 6.15 Coordination of 1996 Northwest Suburban Remodeling Fair (Improvement Project No. 514). RESOLUTION 95-214 Resolution Establishing City's Monthly Contribution for Health Benefits Item 6.16 Programs. RESOLUTION 95-215 Resolution Approving a Three-Year Maintenance Contract for the New Item 6.17 Hope Indoor Shooting Range Lead Decontamination Services with Range Management Services, Inc. IMP. PROJECT 522 Acceptance of Play Equipment for Jaycee Park (Project 522) and Authorize Item 6.18 Final Payment. IMP. PROJECT 535 Acceptance of 1995 Court Improvements - Begin Park (Project 535) and Item 6.19 Authorize Final Payment. RESOLUTION 95-216 Resolution Approving Change Order No. 1 with H & M Asphalt Company Item 6.20 for Utility Extensions at 6073 Louisiana Avenue Twin Home Project Site (Improvement Project No. 519) in the Amount of $1,420. RESOLUTION 95-217 Resolution Approving Change Order No. I with Veit & Company, Inc. for Item 6.21 4400 Quebec Avenue North and .Golf Course Storm Sewer and Pond Improvements (Improvement Project No. 544) for $10,359.88). RESOLUTION 95-218 Resolution Approving Amendment of C.C.I. Petition for Public Improvement Item 6.22 and Sewer Improvement (Improvement Project No. 544). RESOLUTION 95-219 Resolution Approving Right of Entry Agreement with Braun Intertec (#462). Item 6.23 BOARD OF REVIEW Approval of April 4, 1996 (7:00 p.m.) as Date for Local Board of Review. Item 6.24 RESOLUTION 95-220 Resolution Approving Amendment to Key Person Life Insurance Agreement Item 6.25 for City Manager by Adjusting Annual Premium. New Hope City Council December 11, 1995 Page 2 SAW & TOOL SLING Authorization to Purchase a Cutter's Edge Ventilation Saw and Tool Sling Item 6.26 from Danko Emergency for $1,425. PUBLIC HEARING Mayor Erickson introduced for discussion Item 7.1, Public Hearing on the LICENSE RENEWALS 1996 Liquor License Renewals. Item 7.1 City Clerk Valerie Leone indicated that all of the applicants have submitted the necessary documents for renewal of the liquor licenses and the owners have been requested to attend tonight's hearing to answer any questions the City Council may have pertaining to the liquor establishments. Mayor Erickson indicated the Council is familiar with the establishments employee training practices and therefore recommended a change in format from previous years. Councilmember Norby requested the opportunity to meet the owners of each establishment. The following persons individually addressed the City Council: Ken Streeter, Star Liquor; Greg Bender, New Hope Bowl; Tony Brace representing David Schwappach of Adair Liquor; Gary & Darlene Shelley, Winnetka Liquors; Randy Rosengren, Sunshine Factory; Brian Minette, Winnetka Cinema Cafe; and Brian Johnson, Applebee's Grill & Bar. All applicants reported favorably on police emergency response time and cooperation from city staff. CLOSE HEARING Motion was made by Councilmember Wehling, seconded by Item 7.1 Councilmember Enck, to close the public hearing. Voting in favor: All. Motion carried. MOTION Motion was made by Councilmember Wehling, seconded by Item 7.1 Councilmember Otten, to approve all liquor renewals for 1996. Voting in favor: All. Motion carried. PLANNING CASE Mayor Erickson introduced for discussion Item 8.1, Planning Case 95-30, 95-30 Site/Building Plan Review/Approval for a Building Addition, 7201 Bass Lake Item 8.1 Road, The Wedding Chapel, Petitioner. Mr. Kirk McDonald, Management Assistant/Community Development Coordinator, explained that the petitioner is requesting site/building plan review approval for a building addition. The Wedding Chapel is proposing ' to construct a 2,416 square foot addition along the south and east sides of the existing 4,638 square foot building to allow for additional dressing rooms, garment preparation room and receiving area. The addition would bring the total building size to 7,054 square feet. The property is located in a B-2, Retail Business, Zoning District on the south side of Bass Lake Road. The building was constructed in 1976 as a restaurant and the current use as costume/clothes rental/wearing apparel is a permitted use in the B-2 Zoning District. Because the Zoning Ordinance defines "lot frontage" as "that boundary abutting a public right-of-way having the least width", the front yard on this property is considered to be Nevada Avenue, with the side yard on the south side. The proposed building addition meets the required setbacks, as it is located 10 feet from the south side yard property line. He continued by stating the building elevations show that the addition will New Hope City Council December 11, 1995 Page 3 have building materials consisting of horizontal lap siding, cedar trim and stucco overhang; all to match the existing building. Notes on the plan state that all rooftop units will be screened, Six new soffit downlighting fixtures will be installed on the addition to match those on the existing building and a monitored interior security system will be expanded to address Police Department concerns about losing visibility of the south wall with windows/doors. The existing parking available on the site is at 75 spaces which far exceeds code requirements. The plan shows existing and new landscaping, with three Red Pine being added along the south property line, just east of the building, and eight Spreading Yew being added on the east side of the building near the entrance doors. The site also contains several perennial flower beds with over 2,000 bulbs. Landscape rock will be added to the south side of the property between the addition and the south property line. The existing trash enclosure, as shown on the site plan, is located on the west side of the building. He noted there is an existing fence on the south property line. Snow storage is on the east side of the parking lot and the petitioner has indicated that there will be no signage changes with the addition. Mr. McDonald stated the primary issue is the truck delivery access and loading area issue since. The Zoning Code requires some type of unloading area for commercial buildings that exceed 5,000 square feet in area. For traffic circulation purposes, it is important to note that the Nevada Avenue right-of-way located on the west side of the property is located in the City of New Hope and that the Maryland Avenue right-of-way, located on the east side of the property, is located in the City of Crystal. The petitioner has submitted two alternatives to address the'truck access issue, pending a response from Crystal on installing a new curb cut on Maryland Avenue. Alternate A: shows the curb cut islands to be revised to accommodate truck maneuvering/access to the site. This alternate meets City standards ' and would be utilized if the request to Crystal is not approved. Trucks would enter the property from the north (Bass Lake Road) and exit on the west (Nevada Avenue),' with deliveries being made to the west "receiving" door. Mr. McDonald noted Alternate A would require some modifications to the existing parking lot peninsulas. Alternate B: represents the request made to the City of Crystal for a new 25-foot curb cut to be installed on Maryland Avenue to accommodate semi- truck maneuvering. Trucks would enter the property from the north (Bass Lake Road) and exit on the east (Maryland Avenue), with deliveries being made to the east front entrance. Mr. McDonald stated the petitioner and his architect are present to address the Council. Staff and the Planning Commission finds that either alternative is acceptable. The site plan also contains notes that "all deliveries are made by vans and straight body trucks." At the Planning Commission meeting, the petitioner requested that this requirement be waived, however the Commission did not feel it had the authority to waive the requirement. Councilmember Enck noted that although the current property owner does not need the truck loading capacity, he questioned whether the City could require modifications to the property if the building is sold in the future. New Hope City Council December 11, 1995 Page 4 The City Attorney indicated a restrictive covenant would give the City such authority. The City Council complimented the property owner on the appearance of the property. Mr. Scott Ellingson, noted his father-in-law takes great pride in the landscaping maintenance. The City Council informed Mr. Ellingson that either Alternate A or B may be implemented for truck access/maneuvering capability, or a restrictive covenant may be filed with the property requiring a subsequent owner of the building to implement Alternate A or B at a later date at the City's request. Councilmember Enck encouraged the properW owner to proceed with obtaining the curbcut on Maryland Avenue since the City of Crystal has approved their request. RESOLUTION 95-221 Councilmember Enck introduced the following resolution and moved its Item 8.1 adoption: "RESOLUTION APPROVING PLANNING CASE 95-30, REQUESTING SITE/BUILDING PLAN REVIEW/APPROVAL TO ALLOW A BUILDING ADDITION AT 7201 BASS LAKE ROAD (PID//05-118-21-34- 0073) SUBMITTED BY THE WEDDING CHAPEL". The motion for the adoption of the foregoing resolution was seconded by Councilmember Wehling, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Norby, Otten, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 529 Mayor Erickson introduced for discussion Item 8.2, Resolution Approving Item 8.2 Plans and Specifications for a 500,000 Gallon Elevated Storage Tank Rehabilitation Project and Ordering Advertisement for Bids (Improvement Project No. 529). Councilmember Norby inquired whether surrounding property owners have been made aware of the project. Mr. McDonald confirmed that impacted residents have been mailed several project bulletins. RESOLUTION 95-222 Councilmember Enck introduced the following resolution and moved its Item 8.2 adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 500,000 GALLON ELEVATED STORAGETANK REHABILITATION PROJECT AND ORDERING ADVERTISEMENT FOR BIDS {IMPROVEMENT PROJECT NO. 529". The motion for the adoption of the foregoing resolution was seconded by Councilmember Wehling, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Norby, Otten, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 542 Mayor Erickson introduced for discussion Item 8.3, Resolution Accepting Item 8.3 Facility Assessment and Building Program for the Public Works Facility, Improvement Project No. 542, Authorizing Architectural Services Contract and Ordering Preparation of Plans and Specifications. Ms. Jeannine Clancy, Public Works Director, explained that Bonestroo, New Hope City Council December 11, 1995 Page 5 Rosene, Anderlik & Associates has completed the facility assessment and building program for the public works facility. She noted that public works personnel have been involved in the planning process. Ms. Clancy reviewed existing problems/inefficiencies in the office area, lunchroom, locker room, garage/shop area, and building exterior. Mr. Paul Gannon, Project Architect for Bonestroo, Rosene, Anderlik & Associates, was recognized. He stated the primary focus was to identify ways which the public works facility can better serve the community. He stated their report included code issues, life safety concerns, handicapped accessibility issues as well as input from staff which identified space requirements and work relationships. Mr. Gannon illustrated the concept design including the following areas: administration, supervisors, vehicle maintenance, and employee/common area (lunch room, locker rooms, rest rooms). It was noted that the proposed plan includes remodeling of the existing space and 1500-1700 square feet of new construction. Discussion was held regarding the $50,000 expense of the elevator if the lunchroom is relocated to the upper level, It was noted that an elevator would not be necessary if the upper level space remained used for storage purposes. Ms. Clancy explained that the reasons for considering utilizing the upper level are due to the limited space available on the site and the need for the City to be in compliance with the green area requirements as well as to minimize the loss of parking space. Councilmember Norby emphasized the need to involve employees in the planning process since the users have valuable input. She expressed concern regarding the expense of the elevator, the amount of carpeting, and the large lobby space. Councilmember Enck commented that the public works facility has been inadequate for many years. He questioned whether the plans could be revised to avoid putting the lunchroom upstairs and inquired regarding the difference in cost if the footprint was enlarged to maintain the lunchroom on the main level. The City Council requested the opportunity to view alternate concept plans. Ms. Clancy stated if the City Council approves the architectural services contract, staff will present various concept drawings in the future. Councilmember Otten commented that the facility may be more functional if placed all on one level. RESOLUTION 95-223 Councilmember Enck introduced the following resolution and moved its Item 8.3 adoption: "RESOLUTION ACCEPTING FACILITY ASSESSMENT AND BUILDING PROGRAM FOR THE PUBLIC WORKS FACILITY, IMPROVEMENT PROJECT 542, AUTHORIZING ARCHITECTURAL SERVICES CONTRACT AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS". The motion for the adoption of the foregoing resolution was seconded by Councilmember Norby, and upon vote being taken thereon, the following New Hope City Council December 11, 1995 Page 6 voted in favor thereof: Erickson, Enck, Norby, Otten, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, 'signed by the mayor which was attested to by the city clerk. IMP. PROJECT 551 Mayor Erickson introduced for discussion Item 8.4, Resolution Authorizing Item 8.4 Feasibility Report and Pavement Evaluation for Louisiana Avenue and 31 st Circle (Improvement Project No. 551). RESOLUTION 95-224 Councilmember Enck introduced the following resolution and moved its Item 8.4 adoption: "RESOLUTION AUTHORIZING FEASIBILITY REPORT AND PAVEMENT EVALUATION FOR LOUISIANA AVENUE AND 31ST CIRCLE (IMPROVEMENT PROJECT 551)." The motion for the adoption of the foregoing resolution was seconded by Councilmember Wehling, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Norby, Otten, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor Which was attested to by the city clerk. IMP. PROJECT 536 Mayor Erickson introduced for discussion Item 8.5, Resolution Authorizing Item 8.5 the City Manager to Negotiate and Enter Into a Contract with E & V Consultants and Construction Managers for Construction Management Services for Ice Arena Expansion (Improvement Project No. 536). Mr. Jim Corbett, Recreational Facilities Manager, was recognized. He commented that city staff solicited proposals from several construction management firms. Mr. Dan Donahue, City Manager, explained the concept of employing a construction management firm. He reviewed the advantages and disadvantages of retaining a construction manager as well as advantages and disadvantages of selecting a general contractor to perform the project. He emphasized that with a construction management firm the City will be considering several separate contracts [for electrical, steel, mechanical, etc) rather than only one contract with the general contractor. The construction manager would evaluate the bids and advise the City. He stated a construction management firm will provide independent observers in the process who can consult and advise the City. He stressed that the City has not experienced problems by using the traditional general contractor process in the past. Mr. Donahue stated if the second ice sheet is built, the project must be completed by October 1, 1996. Therefore, bids would need to be considered by the Council in February. Cost comparisons between utilizing an architectural/engineering services firm and a construction management firm were reviewed by the Council. Mr. Donahue stated long range costs of using a construction management firm are estimated to be 5 to 10% less than a general contractor, although it is $100,000 higher at the commencement of the project. A slightly higher risk is taken by hiring a construction management firm since they would be managing separate contractors. However, city staff feels the risks are negligible compared to the overall return. New Hope City Council December 11, 1995 Page 7 Mr. Donahue stated staff recommends hiring E & V Consultants which is a firm just completing the Woodbury Ice Arena and has worked with Bonestroo. E & V Consultants has submitted a proposal and adoption of the resolution would allow the City Manager to negotiate a contract. He noted the firm could be employed immediately on an hourly basis until actual award of the contract. He emphasized the necessity of employing the construction management firm at this time so that they will be able to work with the architect (Bonestroo) for the design phase. Mr. DOnahue stated the proposal submitted by E & V Consultants is approximately $127,000. Councilmember Otten inquired as to the overall advantages of hiring a construction management firm. Mr. Donahue reported that it will result in obtaining a better product, an overall lower cost, and less city staff involvement. He invited members of the City Council to tour the Woodbury facility. The Council expressed support for proceeding with hiring a construction management firm. RESOLUTION 95-225 Councilmember Norby introduced the following resolution and moved its Item8.5 adoption: "RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT WITH E & V CONSULTANTS AND CONSTRUCTION MANAGERS FOR CONSTRUCTION MANAGEMENT SERVICES FOR ICE ARENA EXPANSION (IMPROVEMENT PROJECT NO. 536)". The motion for the adoption of the foregoing resolution was seconded by Councilmember Enck, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Norby, Otten, Wehlin.g; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 499 Mayor Erickson introduced for discussion Item 8.6, Resolution Approving Item 8.6 Change Order No. I for Surface Water Management Plan (Improvement Project No. 499) in the Amount of $4,680. Councilmember Enck inquired whether the task force will meet once again to review the final recommendations. Mr. Hanson, City Engineer, indicated that he will arrange such a meeting and noted receipt of the Watershed's comments which will allow the plan to be prepared in accordance with the approval process. RESOLUTION 95-226 Councilmember Enck introduced the following resolution and moved its Item 8.6 adoption: "RESOLUTION APPROVING CHANGE ORDER NO. I FOR SURFACE WATER MANAGEMENT PLAN (IMPROVEMENT PROJECT NO. 499) IN THE AMOUNT OF $4,680.00". The motion for the adoption of the foregoing resolution was seconded by Councilmember Otten, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Norby, Otten, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adOpted, signed by the mayor which was attested to by the city clerk. New Hope City Council December 11, 1995 Page 8 PLANNING CASE Mayor Erickson introduced for discussion Item 10.1, Ordinance No. 95-16, 96-23 An Ordinance Rezoning Property Located at 6073-6081 Louisiana Avenue Item 10.1 North to R-2 from R-1 (Planning Case 95-23). ORDINANCE 95-16 Councilmember Enck introduced the following ordinance and moved its Item 10.1 adoption: "ORDINANCE 95-16, AN ORDINANCE REZONING PROPERTY LOCATED AT 6073-6083 LOUISIANA AVENUE NORTH TO R-2 FROM R- 1". The motion for the adoption of the foregoing ordinance was seconded by Councilmember Wehling, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Norby, Otten, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the ordinance was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. CONSENT ITEM Mayor Erickson introduced for discussion Item 6.7, Resolution Re- REMOVED Appointing William Sonsin to the Planning Commission for a Three-Year Item 6.7 Term Expiring December 31, 1998. Councilmember Wehling suggested continuing the item to allow her the opportunity to converse with Mr. Sonsin regarding his commission re- appointment. MOTION Motion was made by Councilmember Wehling, seconded by Item 6.7 Councilmember Enck, to continue this item until the December 14, 199.5, Council Meeting, All present voted in favor. Motion carried. ANNOUNCEMENTS Mr. Donahue reminded the Council of the Budget Hearing scheduled for December 13, 1995; and the possibility of adopting the budget on December 14, 1995, at 7:30 a.m. He also pointed out that commission candidate interviews will be held on December 13th starting at 5:30 p.m. Mayor Erickson requested that Kay Kramer be invited to attend the interviews. A joint city council meeting with the City of Crystal was scheduled for Monday, January 29, 1996, to discuss organized garbage collection study and fire consolidation study. ADJOURNMENT Motion was made by Councilmember Enck, seconded by Councilmember Wehling, to adjourn the meeting as there was no further business to come before the Council. All voted in favor. The New Hope City Council adjourned at 8:50 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope City Council December 11, 1995 Page 9 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 Approved City Council Minutes January 8, 1996 Regular Meeting #1 City Hall, 7:00 p.m. CALL TO ORDER The New HoPe City Council met in regular session pursuant to due call and notice thereof; Mayor Erickson called the meeting to order at 7:00 p.m. PLEDGE OF The City Council and all present stood for the Pledge of Allegiance to the ALLEGIANCE Flag. ROLL CALL Present: Erickson, Enck, LaVine Norby, Otten, Wehling Staff Present: Sondrall, Hanson, Donahue, Leone, McDonald, French, Corbett APPROVAL OF Motion was made by Councilmember Enck, seconded by Councilmember MINUTES Wehling, to approve Regular Meeting minutes of December 11, 1995, December 13, 1995, December 14, 1995 and January 3, 1996. All present voted in favor. Motion carried. OPEN FORUM There was no one present to address the Council at the Open Forum. Item 5 CONSENT BUSINESS Mayor Erickson introduced the consent items as listed for consideration and Item 6 stated that all items will be enacted by one motion unless requested that an item be removed for discussion. Item 6.20 was added to the agenda. MOTION Motion was made by Councilmember Wehling, seconded by Consent Items Councilmember Enck, to approve all items on the Consent agenda. All present voted in favor. Motion carried. BUSINESS LICENSES Approval of Business Licenses. Item 6.1 FINANCIAL CLAIMS Approval of Financial Claims Through January 8, 1996. Item 6.2 RESOLUTION 96-01 Resolution Appointing Bonestroo, Rosene, Anderlik and Associates as City Item 6.4 Engineer for Sewer, Water, Street, Storm Sewer Projects and General Work. RESOLUTION 96-02 Resolution Appointing City Attorney. Item 6.5 RESOLUTION 96-03 Resolution Appointing New Hope - Golden Valley Sun Post as Official Item 6.6 Newspaper for City of New Hope. RESOLUTION 96-04 Resolution Designating Depositories for Funds of the City of New Hope Item 6.7 Relative to Investments. RESOLUTION 96-05 Resolution Designating Marquette Bank N.A. As Depository for Payroll Item 6.8 Account and General Funds of the City of New Hope. New Hope City Council January 8, 1996 Page I RESOLUTION 96-06 Resolution Establishing 1996 Fees and Charges for Park and Recreation Item 6.9 Programs. RESOLUTION 96-07 Resolution Re-Appointing City Manager as City of New Hope Item 6.10 Representative on the "Golden Valley/Crystal/New Hope Joint Water Commission" for a Three-Year Term Ending December 31, 1998. RESOLUTION 96-08 Resolution Approving Joint Powers Agreement Between Cities of Golden Item 6.11 - Valley and New Hope for the Position of MIS Coordinator; and Authorizing Mayor and Manager to Sign. IMP. PROJECT 545 Motion Approving Quote by Hy-Land Surveying in the Amount of ~300 to Item 6.12 Survey City-Owned Property at 6067 West Broadway (Improvement Project NO. 545). IMP. PROJECTS 545, Motion Awarding Contract for Asbestos Building Surveys of Three City- 548, AND 549 Owned Properties Including 6067 West Broadway (Project 545), 5559 Item 6.13 Sumter (Project 548), and 7621 Bass Lake Road (Project 549). IMP. PROJECT 531 Acceptance of Northwood Park Playground Equipment (Project 531) and Item 6.14 Authorize Final Payment. RESOLUTION 96-09 Resolution Approving Police Cadet Tuition Grant/Loan Agreements; and Item 6.15 Authorizing Mayor and Manager to Sign. RESOLUTION 96-10 Resolution Relating to Lot 1, Block 1 and Outlot A, Five Thousand Item 6.16 Winnetka 2nd Addition. RESOLUTION 96-11 Resolution Authorizing Application to the Minnesota Department of Item 6.17 Transportation for Active Warning Device and Grade Crossing Surface Improvements at 49th Avenue North and CP Rail Systems Tracks. RESOLUTION 96-12 Resolution Adopting a Drug and Alcohol Policy Implementing the Federal Item 6.18 Omnibus Transportation Employee Testing Act and Authorizing Mayor and Manager to Enter into Service Agreement with Metro-Test. BID/METER READING Approval of Bid and Authorization to Purchase Sensus Water Meter EQUIPMENT Reading Equipment- $8,786.25. Item 6.19 RESOLUTION 96-13 Resolution Approving Agreement with CEI Convention Services, Inc. to Item 6.20 Provide Booths for the 1996 Northwest Suburban Remodeling Fair (Improvement Project No. 514). COMMISSIONERS Mayor Erickson introduced for discussion Item 10.3, Resolution Appointing Item 10.3 New Commissioners to the Citizens Advisory Commission, Planning Commission, and Human Rights Commission. Mayor Erickson reported that the City Council interviewed several qualified applicants for various city commission. He indicated that the City Council recommended appointment of the following persons to the Human Rights Commission: Timothy Thomas, Iris Moore, Henry Bates, Eugene Jackson, Jr., Preston McMillan, and Kay Kramer. He noted the only person declining the appointment was Preston McMillan. Mayor Erickson recognized the New Hope City Council January 8, 1996 Page 2 members present at the meeting and thanked them for their interest in serving on the Human Rights ~Commission. The City Council unanimously recommended the appointment of Brenda Gassman and Vernon Halvorson to the Citizens Advisory Commission. It was determined to postpone any appointments to the Planning Commission until the notice is published in the City Report newsletter. The City Council requested the Human Rights Commissioners to attend an introductory 'meeting on Tuesday, January 16. RESOLUTION 96-14 Councilmember Wehling introduced the following resolution and moved its Item 10.3 adoption: "RESOLUTION APPOINTING NEW COMMISSIONERS TO THE CITIZENS ADVISORY COMMISSION AND HUMAN RIGHTS COMMISSION". The motion for the adoption of the foregoing resolution was seconded by Councilmember Otten, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Norb¥, Otten, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 536 Mayor Erickson introduced for discussion Item 8.1, Approval of Plans and Item 8.1 Specifications and Authorization to Call for Bids for Ice Arena Expansion (Improvement Project No. 536). Mr. Dan Donahue, City Manager, explained that the plans and specifications for the ice arena expansion have been prepared and will be presented by the City Engineer. He noted the construction management firm of E&V Consultants and Construction Managers will assemble the bid package based on the specifications. Mr. Mark Hanson, City Engineer, reviewed the plans for remodeling and expansion of the ice arena. He stated the expansion provides for extending to the south side of the existing building. He first reviewed the site plan stating the parking and drive lanes as well as access will remain the same (opposite Maryland Avenue and opposite Nevada Avenue). The existing parking allows for 230-240 stalls and the new plan provides for 306 spaces. He noted the site will require much excavation, approximately 13,000 yards, due to the elevation. He also stated soil correction work is necessary at the southwest corner of the site. He advised that two types of quotes will be sought: one quote would be to take the excess material from the site to be stockpiled at the New Hope Elementary field site and the second quote would be for the material to be hauled off site to a locatiOn designated by the contractor. The comparison would determine whether it's to the City's advantage to place the material at New Hope Elementary. Mr. Hanson continued by stating new exterior lighting is proposed for the facility and it would be zoned so that the lot could be partially or fully lit depending on the event. Employee parking will be provided in the rear during major events. The plan also illustrated green areas and proposed irrigation system. Next presented were the building elevations. The existing entryway will be expanded and there will be separate entrances to each ice sheet. The existing facia is proposed to be re-painted and the wooden roof beam New Hope City Council January 8, 1996 Page 3 would be covered by plaster material similar to the south side. Mr. Hanson illustrated the proposed garage doorway for large service vehicles. He also reviewed the roofline. The interior of the arena was shown including the skylights behind the seating area, office area, concession, existing elevator, lobby, 500 seating capacity, new restrooms, facilities along the east walls, meeting rooms, and a rubber-floored training room. An alternate bid will be requested for continuation of the walkway around the building.. The lower floor will consist of team rooms, restrooms, coaches' rooms, addition of hallway by elevator, storage area, and players' benches. Project costs were reviewed. Mr. Hanson compared the previous estimate to the current estimate and noted the revised estimate includes construction manager fees of approximately $125,000: Previous (11/95) Current (1/96) Site Improvements $ 386,000 $ 464,000 Building Expansion 3,662,000 3,560,000 TOTAL $4,082,000 $4,149,000 Mr. Jim Corbett, Recreation Facilities Manager, noted that space has been designated for the training room and the concession area; however, specific plans have not yet been finalized for these two spaces. Questions were asked by members of the City Council. Issues raised were designation of rinks, handicapped accessibility (restrooms and seating), security plans (camera monitoring system), use of police reserves, expandable walls in meeting rooms, replacement plan (carpeting--10 years, plexiglass--15 years, and rubber mats--7 years), fire wall, and heat system. Councilmember Norby expressed concern regarding the Mighty Ducks Grant and that the Grant Committee may not have adhered to the established criteria. Mayor Erickson pointed outthat congressional districts played a major role in determining grant awards. The City Manager was directed to correspond to the Grant Committee and inquire whether the grant recipients have met the criteria. Mr. Donahue reported that each grant recipient must demonstrate their commitment to the project by February 26. Councilmember Enck noted the cost of moving the fill should be borne by the ice arena project. Mr. Corbett indicated separate locker rooms will eliminate gender problems. He also spoke regarding the refrigeration system which is oversized to accommodate both ice sheets when the current system becomes inoperable due to its age. He noted the committee is confident that two ice sheets will create a surplus of operating funds. He confirmed that the new arena has a potential for dry floor activities during non ice use months. Mr. Donahue indicated a final report illustrating replacement cost projections and operating budget will be presented at the time bids are to New Hope City Council January 8, 1996 Page 4 be considered by the Council. Mr. Corbett stated Coca-C°ia is willing to provide $20,000 of funds for a scoreboard if the City enters into a full-service contract for the pop machine. He explained that this would be the same type of arrangement as previously agreed upon for the existing scoreboard. The City Council asked legal counsel to report back on the legality of this issue relative to uniform bidding requirements. MOTION Motion was made by Councilmember Norby, seconded by Councilmember Item 8.1 Enck, approving the plans and specifications and authorizing the call for bids for the ice arena expansion (improvement project no. 536). All present voted in favor. Motion carried. IMP. PROJECT 550 Mayor Erickson introduced for discussion Item 8.2, Approval of Plans and Item 8.2 Specifications and Authorization to Call for Bids for Ballfield Reconstruction - New Hope Elementary School (Improvement Project No. 550). MOTION Motion was made by Councilmember Wehling, seconded by Item 8.2 Councilmember Enck, to approve the plans and specifications and authorize the call for bids for the ballfield reconstruction project. The motion included the condition that if feasible, the extra fill from the ice arena project should be moved to the ballfield site with the associated costs paid for by the ice arena project. All present voted in favor. Motion carried. ORDINANCE 96-01 Mayor Erickson introduced for discussion Item 10.1, An Ordinance Item 10.1 Amending Planning Commission Membership and Appointment of City Councilmember as a Planning Commissioner. Mayor Erickson pointed out that the amendment allows flexibility in the number of Commissioners. It also states that the Council may appoint a member of the Council to serve on the Planning Commission; however, the MayOr recommended that the Council remain independent of the Planning Commission. ORDINANCE 96-01 Councilmember Wehling introduced the following ordinance and moved its Item 10,1 adoption: "ORDINANCE 96-01, AN ORDINANCE AMENDING PLANNING COMMISSION MEMBERSHIP AND APPOINTMENT OF CITY COUNClLMEMBER AS A PLANNING COMMISSIONER". The motion for the adoption of the foregoing ordinance was seconded by Councilmember Enck, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Otten, Norby, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the ordinance was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. ACTING MAYOR Mayor Erickson introduced for discussion Item 10.2, Resolution Appointing Item 10.2 Acting Mayor. Councilmember Otten nominated Councilmember Enck to serve as Acting Mayor and Councilmember Wehling seconded the nomination. RESOLUTION 96-15 Councilmember Otten introduced the following resolution and moved its Item 10.2 adoption: "RESOLUTION APPOINTING ACTING MAYOR." The motion for New Hope City Council January 8, 1996 Page 5 the adoption of the foregoing resolution was seconded by Councilmember Wehling, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Norby, Otten, Wehling; and the following voted against the same: None; Abstained: Enck; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. COMMISSION Action on Item 10.3 followed the consent agenda. APPOINTMENTS Item 10.3 IMP. PROJECT 542 Mayor Erickson introduced for discussion Item 10.4, Resolution Approving Item 10.4 Contract with Bonestroo, Rosene, Anderlik & Associates for Design of the Public Works Remodeling Project, Improvement Project 542, Authorizing the Mayor and City Manager to Sign. Mr. Donahue reported that the request before the Council at this time is for concept/design plans only and not approval of the project. He stated there were some language modifications made to the "Standard Form of Agreement Between Owner and Architect" which is produced by the American Institute of Architects. An approximate maximum figure of $500,000 was utilized at this time for the project cost. The basic architect fee was established at 8.7%. Mr. Steve Sondrall, City Attorney, was asked to elaborate on the contract modifications. He noted the modifications generally were to eliminate perceived favoritism toward entities within the contract back toward the owner's perspective in terms of control of the project. Amendments were also made to the indemnification provisions. He explained that no significant changes were made to the contracts. RESOLUTION 96-16 Councilmember Enck introduced the following resolution and moved its Item 10.4 adoption: "RESOLUTION APPROVING CONTRACT WITH BONESTROO, ROSENE, ANDERMK & ASSOCIATES FOR DESIGN OF THE PUBLIC WORKS REMODELING PROJECT, IMPROVEMENT PROJECT 542, AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN". The motion for the adoption of the foregoing resolution was seconded by Councilmember Otten, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Norby, Otten, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 536 Mayor Erickson introduced for discussion Item 10.5, Resolution Approving Item 10.5 Contract with Bonestroo, Rosene, Anderlik & Associates for Design Services for the Ice Arena Expansion, Improvement Project 536, and Authorizing the Mayor and City Manager to Sign. Mr. Donahue reported that this item is similar to action taken in the previous item (10.4) and the request before the Council at this time is for design services only and not approval of the project. He stated there were some language modifications made to the "Standard Form of Agreement Between Owner and Architect" which is produced by the American Institute of Architects. New Hope City Council January 8, 1996 Page 6 RESOLUTION 96-17 Councilmember Norby introduced the following ordinance and moved its Item 10.5 adoption: "RESOLUTION APPROVING CONTRACT WITH BONESTROO, ROSENE, ANDERLIK & ASSOCIATES FOR DESIGN SERVICES FOR THE ICE ARENA EXPANSION, IMPROVEMENT PROJECT 536, AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN". The motion for the adoption of the foregoing resolution was seconded by Councilmember Enck, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Norby, Otten, Wehling; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 536 Mayor Erickson introduced for discussion Item 10.6, Resolution Approving Item 10.6 Contract with E&V Consultants and construction Managers for Construction. Management Services Related to the Ice Arena Expansion, Improvement Project 536, and Authorizing the Mayor and City Manager to Sign. Mr. Donahue indicated compensation details are being negotiated for the contract and he will provide a final report at a later date. He confirmed that at this time the City is only obligated to pay an hourly rate for services rendered to date. MOTION Motion was made by Councilmember Norb¥, seconded by Councilmember Item 10.6 Otten, to continue Item 10.6 until the January 22, 1996, Council Meeting. All present voted in favor. Motion carried. OTHER BUSINESS Mr. Donahue reminded the City Council of the Fire Consolidation Meeting Announcements January 9th at the City of Crystal. A joint City Council Meeting with the City of Crystal is scheduled for January 29 regarding organized garbage collection. A work session was scheduled for January 18 to discuss community survey results. An introductory meeting with Human Rights Commissioners was scheduled for January 16 at 6:00 p.m. Councilmember Enck referred a recent request made by the Association of Nonsmokers for review of the city's tobacco ordinance to the Citizens Advisory Commission. ADJOURNMENT Motion was made by Councilmember Norby, seconded by Councilmember Wehling, to adjourn the meeting as there was no further business to come before the Council. All voted in favor. The New Hope City Council adjourned at 8:45 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope City Council January 8, 1996 Page 7 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 Approved EDA Minutes December 11, 1995 Meeting #19 CALL TO ORDER President Erickson called the meeting of the Economic Development Authority to order at 8:51 p.m. ROLL CALL Present: Erickson, Enck, LaVine Norby, Otten, Wehling Staff Present: Sondrall, Hanson, Donahue, Leone, McDonald, Bellefuil APPROVE MINUTES Motion was made by Commissioner Enck, seconded by Commissioner Wehling, to approve the EDA minutes of November 27, 1995. Voting in favor: Erickson, Enck, Wehling; Abstained: Norby, Otten; Absent: None; Motion carried. IMP. PROJECT 467 President Erickson introduced for discussion Item 4, Update on Autohaus Item 4 Site Improvements, 7709 42nd Avenue North (Improvement Project No. 467). President Erickson suggested that the item be continued to a later date as Tom Boettcher is out of town tonight. MOTION Motion was made by Commissioner Enck, seconded by Commissioner Item 4 Wehling, to continue this item until the January 22, 1996 meeting. All present voted in favor. Motion carried. IMP. PROJECT 533 President Erickson introduced for discussion Item 5, Resolution Approving Item 5 Right of First Refusal for Acquisition of Homeward Bound Property at 4741 Zealand Avenue North (Improvement Project No. 533). The EDA has indicated an interest in the use of the property at 4741 Zealand Avenue North in the event that it is sold by Homeward Bound and the EDA has been working with representatives from North Ridge/ CareBreak for the possible location of an adult day care facility at the site. President Erickson provided an update on the property. He stated the property has been listed for sale. Representatives of CareBreak and House of Hope Lutheran Church may be interested in leasing the property if the City purchased it. EDA RESOLUTION Commissioner Enck introduced the following resolution and moved its 95-23 adoption: "RESOLUTION APPROVING RIGHT OF FIRST REFUSAL FOR Item 5 ACQUISITION OF HOMEWARD BOUND PROPERTY AT 4741 ZEALAND AVENUE NORTH." The motion for adoption of the foregoing resolution was seconded by Commissioner Otten, and upon vote being taken thereon the following voted in favor thereof: Erickson, Otten, Enck, Wehling, Williamson; and the following voted against the same: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. IMP. PROJECT 474 President Erickson introduced for discussion Item 6, Discussion Regarding Item 6 Lease Between Phoenix Manufacturing Corporation and the EDA for City- New Hope EDA December 11, 1995 Page I Owned Building at 7528 42nd Avenue (Improvement Project No. 474). President Erickson stated currently the lease rental rate with Phoenix Manufacturing is $20,020 which covers the real estate taxes. Staff is recommending increasing the rental rate to market rate conditions and is seeking EDA's direction. Mr. Donahue indicated that staff has researched industrial building rental rates. He pointed out that prior to any new agreement, it is necessary to determine whether the building meets city code. President Erickson pointed out that this may be one way to recover the cost of demolishing the building which is estimated at $30-40,000. The EDA directed the City Manager to proceed with a developing a proposal. ADJOURNMENT Motion was made by Commissioner Norby, seconded by Commissioner Enck, to adjourn the meeting. All present voted in favor. The New Hope EDA adjourned at 9:02 p.m, Respectfully submitted, Valerie Leone City Clerk New Hope EDA December 11, 1995 Page 2 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 Approved EDA Minutes January 8, 1996 Meeting #1 CALL TO ORDER President Erickson called the meeting of the Economic Development Authority to order at 8:46 p,m, ROLL CALL Present; Erickson, Enck, LaVine Norby, Otten, Wehling Staff Present: Sondrall, Hanson, Donahue, Leone, McDonald, French APPROVE MINUTES Motion was made by Commissioner Norby, seconded by Commissioner Enck, to approve the EDA minutes of December 11, 1995. All present voted in favor. Motion carried. IMP. PROJECT 537 President Erickson introduced for discussion Item 4, Discussion Regarding Item 4 1996 "Shop Neighborly New Hope" Promotion (Improvement Project No. 537). Commissioner Wehling reported that she and city staff met with Key Group Advertising, Inc. regarding a campaign for 1998. She recommended appointing a steering committee and welcomed input from the other EDA members. Invitations will be distributed t° the star retailers. President Erickson directed Commissioner Wehling to schedule a 3:00 p.m. meeting in the near future. DATA BASE President Erickson introduced for discussion Item 5, Resolution Approving PROGRAM Contract with TwinWest Chamber of Commerce for Minnesota Real Estate Item 5 Journal Property Tracking Data Base Program. EDA RESOLUTION Commissioner Enck introduced the following resolution and moved its 96-01 adoption: "RESOLUTION APPROVING CONTRACT WITH TWlNWEST Item 5 CHAMBER OF COMMERCE FOR MINNESOTA REAL ESTATE JOURNAL PROPERTY TRACKING DATA BASE PROGRAM." The motion for adoption of the foregoing resolution was seconded by Commissioner Wehling, and upon vote being taken thereon the following voted in favor thereof: Erickson, Enck, LaVine Norby, Otten, Wehling; and the following voted against the same: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. ADJOURNMENT Motion was made by Commissioner Wehling, seconded by Commissioner Norby, to adjourn the meeting. All present voted in favor. The New Hope EDA adjourned at 8:50 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope EDA January 8, 1996 Page I