110696 Planning AGENDA
PLANNING COMMISSION MEETING OF NOVEMBER 6, 1996
CITY OF NEW HOPE, MINNESOTA
7:00 p.m.
1. CALL TO ORDER
2. CONSENT ITEMS
3. PUBLIC HEARINGS
3.1' Case 96-36 Request for Site/Building Plan Review/Approval and a Conditional Use
Permit Amendment to Expand Veterinarian Clinic, 8119 Bass Lake
Road, Bass Lake Pet Hospital/Dr. Gary Gibbons, Petitioner
3.2 Case 96-04 An Ordinance Amending Chapter 8 of the New Hope City Code by
Establishing Licensing Regulations for Pawnbrokers, Precious Metal
and Second Hand Goods Dealers and An Ordinance Amending the
New Hope Zoning Code by Establishing Pawn Shops as a Permitted
Use in the B-4 Zoning District, City of New Hope, Petitioner
4. COMMITTEE REPORTS
4.1 Report of Design and Review Committee - Next Meeting: November 14 at 8:00 a.m. (if
necessary)
4.2 Report of Codes and Standards Committee
5. OLD BUSINESS
5.1 Miscellaneous Issues
6. NEW BUSINESS
6.1 Review of Planning Commission Minutes of October 1, 1996.
6.2 Review of City Council Minutes of September 23, 1996.
6.3 Review of EDA Minutes of September 23, 1996.
7. ANNOUNCEMENTS
8. ADJOURNMENT
* Petitioners are required to be in attendance.
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 96-36
Request: Request for Site/Building Plan Review/Approval and a Conditional Use Permit
Amendment to Expand Veterinarian Clinic
Location: 8119 Bass Lake Road
PID No.: #06-118-21-41-0010
Zoning: R-0, Residential Office Zoning District
Petitioner: Bass Lake Pet Hospital
Report Date: November 1, 1996
Meeting Date: Wednesday, November 6, 1996
BACKGROUND
1. The petitioner is requesting site/building plan review/approval and a conditional use permit
amendment to construct an addition onto the existing building, pursuant to Sections 4.039^,
4.094(2) and 4.21 of the New Hope Code of Ordinances. ,,
2. The owner of the Bass Lake Pet Hospital is proposing to construct a 46' x 20' (920 square foot)
addition on the south side of the existing 1,860 square foot veterinarian clinic. The addition
would increase the building size to a total of 2,780 square feet.
3. The property is located in an R-O, Residential-Office, Zoning District at the southeast quadrant
of the Bass Lake Road/Wisconsin Avenue intersection. Veterinarian clinics are allowed as a
conditional use in the R-O Zoning District, therefore this building addition reqUires an
amendment to the existing conditional use permit. The original vet clinic CUP was approved by
the City in 1977, when the building was constructed.
4. The property contains 23,760 square feet or .54 acres and after County right-of-way acquisition
for Bass Lake Road, the size was reduced to approximately 22,500 square feet.
5. Surrounding zoning/land uses are R-1 single family to the east and south (directly adjacent to
the clinic property), R-1 single family and R-4 high density residential (vacant lot) across
Wisconsin Avenue to the west, and R-4 apartments and R-1 Village Green Golf Course (City-
owned) to the north across Bass Lake Road.
6. The property is located in Planning District #6 in the Comprehensive Plan, which
recommended higher density residential along the Bass Lake Road corridor, improved
maintenance of residential properties and compatible uses. Staff feels that this expansion of a
residential style clinic building is compatible with the Comprehensive Plan.
7. The site is elevated seven feet above Bass Lake Road, with the lot sloping down to the north
and southeast corners.
8. The purpose of the one-story addition is to add additional dog and cat kennels, office, surg¢
room, break room and employee entrance.
9. The petitioner met in a pre-application meeting with staff on October 8.
10. Property owners within 350' of the request have been notified. The property owner to the east
in a single family residential home came in to review the plans and had no problems with the
expansion.
ANALYSIS
Conditional Use Permit
1. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally
permissible degree of discretion in determining suitability of certain designated uses upon the
general welfare, public health, and safety. In making this determination, whether or not the
conditional use is to be allowed, the City may consider the nature of adjoining land or buildings,
whether or not a similar use is already in existence and located on the same premises or
on other lands close by, the effect upon traffic into and from the premises, or on any adjoining
roads, and all such other or further factors as the City shall deem a requisite for consideration in
determining the effect of such use on the general welfare, public health, and safety.
2. Other general criteda to be considered when determining whether to approve or deny a
conditional use permit include:
A. Comprehensive Plan. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the official
Comprehensive Municipal Plan of the City.
B. Compatibility.. The proposed use is compatible with its adjacent land uses.
C. Performance Standards. The proposed use conforms with all applicable performance
standards contained in the Code.
D. No Depreciation in ValUe. The proposed use will not tend to or actually depreciate the area
in which it is proposed.
E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets
the criteria specified for the various zoning districts:
1. In Residential Districts, R-'1,2,3,4,5, R-O:
a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting
business or industrial uses leading directly to thoroughfares, and not onto minor
residential streets.
b. Screeninu. The proposed use will be sufficiently separated by distance or screening
from adjacent residentially zoned land so that existing homes will not be materially
depreciated in value and there will be no deterrence to development of vacant land.
c. Compatible Appearance. The structure and site shall have an appearance that will
not have an adverse effect upon adjacent
2
3. In addition to the above criteria, the R-O District allows "Medical, Professional and Commercial"
(including hospitals, medical offices and clinics, dental offices and clinics, veterinarian clinics
when completely enclosed, professional offices and commercial offices, and funeral homes and
mortuaries), as conditional uses provided that the following conditions specific to the R-O
District are met:
A. Street Access - The site and related parking and service entrances are served by an
arterial or collector street of sufficient capacity to accommodate the traffic which will be
generated.
B. Traffic Flow - Vehicular entrances to parking or service areas shall create a minimum of
conflict with through traffic movement.
C. Buffers - VVhen abutting an "R-1 ," "R-2,' "R-3," or "R-4" District, a buffer area with screening
and landscaping in compliance with the Zoning Code is required.
4. It is staff's opinion that the proposed conditional use permit amendment for the building
expansion meets the listed criteria, as follows:
A. Comprehensive Plan consistency is met, as previously describ,e,d.
B. Compatible use with adjacent land uses is met, as the City has no record of
problems/complaints from adjacent property owners with this use.
C. The Building Official has confirmed that this proposal complies with Zoning Ordinance
performance standards.
D. Staff does not find that the use will depreciate the area along Bass Lake Road. The
expansion will probably increase values in the neighborhood.
E. Non-residential traffic is channeled onto Bass Lake Road via Wisconsin Avenue.
F. Additional landscaping/screening from adjacent residentially zoned property is being
proposed with this expansion (refer to landscaping details under Site & Building Plan
Review).
G. Due to the residential appearance of the existing Pet Hospital building and the fact that the
proposed addition will aesthetically match the existing structure, staff does not feel that the
appearance of the structure will have an adverse effect upon adjacent residential
properties.
5. The Commission should also take into consideration the fact that this is an expansion of a use
that is already in existence and the expansion will create a nominal increase of passenger cars
only.
Site & Buildina Plan Review
1. The setback requirements for the R-O Zoning District are listed below and compared to t:
proposed plan to expand the building:
Front Yard (west) 35 feet 95 feet approx.
Rear Yard (east) 35 feet 35 feet
Side Yard (north) * 35 feet 35 feet (at closest point)
Side Yard (south) 10 feet 20 feet
(*When the side yard is adjacent to a thoroughfare, the minimum setback is 35 feet from the
right-of-way line.)
The existing building and proposed addition meet the R-O Zoning District setback
requirements.
2. The original and revised plans were submitted to the City Engineer for review and comment.
3. Department Heads met to review the plans on October 16 and the major issues discussed
were parking, landscaping, outdoor dog walk area, building m,aterials, security lighting and
drainage issues.
4. The Design & Review Committee met with the petitioner on October 17 and the major issues
discussed were setback requirements, parking spaces, dog walk area, survey (needed),
landscaping (existing and new), retaining wall, drainage issues, snow storage, building
materials, exterior lighting, signage, trash enclosure, and County right-of-way comments.
Revised plans were submitted as a result of the meeting.
A. The revised plans include the following details:
B. Parkin.q - The parking lot design has been improved, with the elimination of the angle
parking spaces. All spaces are now straight-in 90°. City code requires 14 parking spaces
and 16 are shown on the revised plans. The original plans showed 18 spaces and the
reduction of two spaces is agreeable with staff. The lot has also been pulled back from
Bass Lake Road and a hammerhead area has been added. The lot meets all code
requirements with the parking stalls being dimensioned at 8'9" x 19' and a 24' drive aisle. A
handicapped parking space with ramp is shown at the southeast corner of the lot next to the
building.
C. Trash Enclosure - is shown on Site Plan at southeast corner of parking lot.
D. Right-of-Way Easement - future seven-foot right-of-way easement to Hennepin County is
shown on Site Plan.
E. Curb and Gutter - B6/12 concrete curb and gutter is shown for the parking lot on the
Grading Plan.
4
F. Landscaping - A revised Landscaping Plan and SchedUle have been provided showing
existing and proposed new landscaping. The New Plant List is shown below:
Quantity Description Size
2 Dogwood 24" - 3 gallon
3 Spruce 24" - 5 gallon
2 Juniper 2 gallon
3 Honeysuckle 24"+ - 3 gallon
· The two new Dogwood would be placed on the east and west sides of the new addition
(1 each).
· The three new Spruce would be placed on the south side of the dog walk area.
· The two new Juniper would be placed on the south and west sides of the new addition.
· The three new Honeysuckle would be placed on the south side of the new addition.
G. Si(~nage - The existing Pet Hospital ground sign at the northwest corner of the lot is shown
on the landscape plan and no new signage is proposed.
H. Adjacent Structures - Note that the location of the adjacent residential structures on the
east and south is shown on the Landscape and Grading Plans.
I. Elevations - The errors on the elevations have been corrected with windows being added to
the west elevation.
J. Building Type/Materials - The building addition will be similar to the existing building, which
is a Iow profile residential/office type building. The gable roof of the addition will match the
existing building, as will the asphalt shingles. The existing building materials are embossed
concrete brick blocks with a pattern and painted background. Olson Construction, who built
the original building and who is building the addition, has indicated that the materials used
for the original building are no longer available. Therefore, the west elevation and south
corner of the building will be brick painted to match the existing building. The south and
west elevations will be painted block to match the color of the building, but will not have the
brick texture. The addition will be trimmed in wood to match the existing building.
K. Exterior Lighting - There is an existing wall pack on the front (north) of the building that is
controlled by a timer. The petitioner has submitted correspondence and details stating that
they are proposing to install additional exterior secudty lights over the existing east exit door
and the two south doors of the proposed building addition (these are not shown on the
elevation drawings).
6. The City Engineer has provided the following comments on the revised plans:
5
A. The expansion does not require review by the Shingle creek Watershed because it doe~,%
not abut a protected waterway and is less than five acres.
B. The increased hard surface for the parking lot and building is less than 0.10 acres over a
0.60-acre parcel. Although the percentage increase compared to the parcel size is high, the
additional hard surface is minimal.
C. The parking lot drainage is intended to discharge through two openings in.the new concrete
curb. Storm water runoff will overland across sidewalks to the existing storm sewer in Bass
Lake Road. Although a storm sewer'extension to collect runoff from the parking lot is
preferred, it is recommended the{ a~torm sewer not be extended at this time and the
proposed condition be monitored,-.ln~he future if it is felt that a storm sewer extension is
justified (due to erosion, runoff over sidewalk), the petitioner would be required to extend a
storm sewer at that time.
D. The parcel is presently unplatted. It would be preferred if it were platted.
E. The site plan represents an additional easement (7-feet wide) along Bass Lake Road
(County Road 10). Although it is preferred that the easement requirements be reviewed with
Hennepin County and resolved at this time, if the petitioner is agreeable to dedicate the
required easement in the future, the dedication could be delayed.
7. Staff finds that the petitioner has addressed the majority of issues that were discussed at the
Design & Review meeting.
8. The only concern staff has is that pets not be allowed to be in the dog walk area without an
employee and the petitioner has indicated that is not a problem. The City has not received
noise complaints from neighbors and would like to continue that history, thus staff is
recommending that as a condition of approval.
RECOMMENDATION
Pending comments from the Commission and neighboring properties, staff recommend approval
of the site/building plan and conditional use permit amendment to allow the proposed building
addition, subject to the following conditions:
1. Escort or supervision required in dog walk area at all times.
2. Annual review by staff.
Attachments: Address/Zoning/Topo Maps Building Elevations
Site Plan Property Survey
Landscape Plan Security Light Details
Plant Schedule City Engineer Comments
Grading Plan City Engineer Memo: Right-of-Way Dedication
Floor Plan Application Log
6
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Planners · Designers · Builders
October 3 l, 1996
City of New Hope
Planning Commission
4401 Xylon Av. N.
New Hope, MN 55428-4898
Subject: Security_ l,i~_ht~ for Bass Lake Pet Clinic
8119 Bat, Lake Road. New Hone. MN
Gentlemen: ,,
Enclosed is a catalog cut for security lights of the type we propose to install over the existing
e~t exit door and the two south doors ~om the proposed building addition.
Yours very truly,
Edward W. Anderson
OLSON GENERAL CONTRACTORS, INC.
Enclosure
EWA:kn
OL$ON GENERAL CONTFIACTOR$, INC.
5010 Hillsboro Avenue, Minneapolis, MN 55428
Phone: 612/535-1481 · Fax: 612/535-1484
10/~5/19~6 15' 12 612-4Z8-6~55 HEDINA ELECTRIC PAGE
OCT. 'Z5' 96[FEI) 14 i7 CEESCENT ELECTEi TEL'.612 227 6840 P, 001
a~O0 ~R GTt~F
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BONESTRO0 AND ASSOCIATES ~' 612 6361311 IOI'E')I'*)O
E~ineers & ~r~te~s
DA~: ~t~ ~, I~
TO: Kirk McDonald
DouB Sandstad
FROM: Mark Hanson
SUBJECT: Bass Lake Pet Clinic Expansion
Our Fde Nu. ~4-C, cn (1396-29)
The petitioner has submitted revised plans since om' memo dated October 16, 1996. Based on the
revised plans, we recommend th~ following:
· The eXlXuLsion does not require ~vicw by the Shingl~ Creek Watershed because it dj)es not
nbm a pmtccicd waterway and is ~ than five acres.
· The i~ hard surface for the parking lot and buiidin~ is less than O. 10 acres over a
0.60-acre parcel. Althoul~lm rite percenT lncre&qe compared to the parcel size is high, the
additional hard surface is minimal.
· The Ixtrki~g lot draJna~ is intended to dischaf~ throur, h two openings in the new concrete
cu,'o. Storm w-,mn' runoff will overland stress sidcwallc~ to thc exbting storm sewer in Bess
t.ak¢ gqntd. Although a .qaXln sewer extcnaion to collect runoff from ibc parking lot
prcfcflrAi, it is ~conunended ~ it storm sewer not be extended et this time and tl~
proposed condition be monitored. In the future if it is felt that a storm sewer extension is
justified (duc to erosion, runoff over sidewalk), the petitioner would be required to eztc-nd
a stocm sewer at that tim~
· 1'ho parcel is pre~-ntly unplitlcd. R would be pre, fontal if it wcrc platted.
· The site plen ~ an edditional ai.qemcnt (7-foot wkic) aloflK BMs lake Ro~d (County
Roitd IO). Although it L,s lx~fe.,alV~ thai ~ c~sclncnl rcquimmen~ be m. vi~w~d with
l-lennepin Count~ End re.qolvcd ~t this tiznc, if u'~ petitioner is ~ to dedicatc thc
requircd e~,~emcnE in thc fume, thc dedication could be dclaycd.
MAH:Ia
}:~:~s~ MfA~ct 141nhwnu :~& · ~t. Paisl MN ~K!1 1~9 · &12-636-4600
R~ct~arcl E. Turner. PE · Gtenn R Cook, PE. · Thomas E. Noyes. PE.
Michael T
Sidney P
Offices:
Engineers & Architects
MEMO
DATE: October 31, 1996
TO: Planning Commission/Kirk McDonald
FROM: Mark Hanson, City Engineer
SUBJECT: Right-of-Way Dedication - Hennepin County Roads
Our File No. 34-Gert
,\
The existing right-of-way width of Hennepin County Roads in N~w Hope in many cases do not
comply with today's design standards. The existing right-of-way widths can vary between 66 feet
and 100 feet in width. In accordance with New Hope's Transportation Plan, there are certain
segments of roads where the service level could be unacceptable during peak traffic hours (see
attached pages 1'8 - 20 from Transportation Plan). In most cases, the unacceptable service levels are
directly due to right-of-way restrictions. Road improvements that are considered when unacceptable
service levels exist are discussed below.
· Construct divided roadways with center medians
· Provide additional turn lanes (right, qeft)
· Change horizontal and vemcal mad alignment based on capacities and acceptable
design speeds.
Therefore, when properties come before the CiW requesting approval for site/building improvements,
it is recommended that right-of-way requirements be reviewed by the County/City and determine if
additional right-of-way is required. If additional right-of-way is required, it can be made a condition
for approval within certain limitations based on ordinances and legal requirements. It should be
noted if a road improvement project requires additional right-of-way along a County Road and the
County is required to purchase right-of-way, in accordance with County policy the City is expected
to pay 50% of the right-of-way acquisition cost. Therefore, if the City is in a position to acquire
additional right-of-way dedication as part of a condition for site/building improvements, the City of
New Hope will incur less costs in the future when the road improvements are constructed not having
to purchase right-of-way.
[t is also critical that right-of-way' requirements be determined so proposed site/budding
improvements are not constructed in new setback' areas based on right-of-way requirements../n the
2335 ~/est Highway 36 · St. Paul, MN 55113-3898 · 612-636-4600
future, not only will the City/County pay for right-of-way acquisition, but also damages resulting
from buildings being constructed in setback areas making them non-conforming properties.
In New Hope, fight-of-way widths along certain roadways (State/County/City) should be considered
carefully due to the amount of traffic they are expected to convey. Listed below are those roadways
based on classification in accordance with New Hope's Transportation Plan.
Classification Road
Principal Arterial (State) T.H. 169
Minor Arterial (County) West Broadway
Bass Lake Road
Winnetka Avenue (Bass Lake Road south)
42nd Avenue
Medicine Lake Road
Community Collector (City) Winnetka Avenue (Bass Lake Road north)
Boone Avenue
49th Avenue (west of Boone Avenue)
36th Avenue
The acceptable fight-of-way dedication is sometimes a difficult question to answer. It is felt
commercial/industrial property shall dedicate the required right, of-way filong arterial/collector type
roads because these types of roads are where they want and should locate. However, residential
properties may not because they don't benefit from higher traffic volumes. Summarized below are
acceptable right-of-way widths based on road classification.
~ Acceptable Right-of-Way Widths
Minor Arterial Determined by County *
Community Collector 80'- 100'
Neighborhood Collector 60' o I00'
· In developing communities 100' plus is recommended; however, in developed communities
(eg. New Hope) 80' is typically a recommended minimum provided existing buildings are not
put in a non-conforming condition based on their existing location.
In summary, if the existing right-of-way width along Bass Lake Road/42nd Avenue (minor arterial)
is 66' wide at a minimum it is recommended that the right-of-way width be 80 feet. Therefore an
additional 14 feet of right-of-way is recommended.
It should also be noted that if an unsafe condition exists along a County Road, the City should not
necessarily wait for the County to recommend improvements which may be controversial to the
abutting properties. The County prefers to work along side the City in making needed
improvements. If the City is not supportive of the improvements, it is difficult if not impossible for
the County to construct the improvements. The County may elect to go elsewhere to make needed
improvements to their system if another city is more supportive of similar improvements. The
County demands for their construction dollars are no different than City's demands. If an unsafe
condition exists, it is the responsibility of the City and County to work together. It is even more
important for the City to assume these responsibilities because the unsafe condition exists in their
city.
TRANSPORTATION SYSTEM ANALYSIS
The future needs for the roadway element of a transportation system is based upon the
future volume characteristics and an understanding of the operations along the roadway.
One indicator of current needs situations be based the
upon
existing
conditions
capacity
and levels of service. This indication, along with field reviews, aid in locating potential
congested conditions along a facility.
The projection of metropolitan area traffic volumes for the year 2015 has been conducted
by the Metropolitan Council Within the vicinity of New Hope, the roadways that are
included in the Metropolitan Council projections include the major street system, The
preliminary year 2015 daily volume projections for those streets are illustrated on Figure 9.
The volumes are preliminary and will be adjusted in the near future. The volumes do
provide an indication of some growth in traffic on some of the streets. The volume
projections are a planning tool and should be viewed as such.
The most effective planning tool that allows the determination as to whether a roadway is,
or will be, congested is the determination of the roadway capacity as weighed against the
desired level of service. The typical roadway capacities for various types of roadway
segments are developed from data provided in the Hi_thwav Capacity_ Manual There are
generally only two types of roadwa~ within New Hope, a two-lane and a four-lane roadway.
These facilities are normally undivided roadways with the four lane facilities often
containing a median and exclusive turn lanes at signalized cross streets. Each roadway type
has a range of volumes, designated as the capacity, that can be accommodated when
considering a particular level of selvicu. This capacity is generally controlled by the capacity
of signalized or four-way stop controlled intersections along the arterial or collector street.
These intersections are the points where the capacity is generally at its lowest value since
the traffic control presents a restriction to vehicular flow.
Typical urbanized cond~ along a two-lane street will allow that the daily capacity will
range from 8,000 to 10,000 vehicles per day. This will provide a level of service of D which
is acceptable for an urbanized area. Dependant upon the, various data that is used to
calculate a roadway capacity, there are numerous instances where the daily volumes exceed
10,000 and a satisfactory level of service is maintained. A four-lane undivided street can
accommodate daily volumes ranging from 18,000 to 21,000 at the acceptable level of service
D. Again, this volume can be high. er depending upon conditions along a corridor. A four-
lane divided roadwa.v with turn lanes can accommodate daily volumes to approximately
38,000 at acceptable levels of service.
N¢~v HOl~ Transportation Plan I8
I .I.~' ....... i,"~"-' _-- ~'
' ;i --
I ~ CITY OF
I N ~ HOPE
-
, L.5-'
I .Ii ~ Figure g
~ "~ ~relim~nary
',~ 2015 Volumee
I __ :,~ 1
~ ' ~ource~ Metropofif~n
I ~ ~ Council
I
I ~
~erli~ A
Affiiltee
~'~ OOLDEN VALLEY ~ ~ ~'~'
A four l&ae freeway will h&adle daily volumes ranging between 6S,000 &ad 68,000 at
appropriate levels of service. The same freeway could accommodate over 80,000 vehicles
per day if the ramps are metered. This, again, considers the urbanized area level of service
D.
Based on the generalized roadway capacity information, the streets within New Hope are,
with the exception of se~vneats of 42ad Avenue &ad Ba~q~_ Lake Road, operatinf_at
acceptable are segments of Bass Lake Road &ad of 42ad Avenue
levels.
There
where the service level could be unacceptable during peak traffic hours. These facilities will
have to be monitored if the volumes increase. A detailed operations &aalysis of these
facilities would be necessary in order to determine specific capacity &ad safety related
problems &ad methods with which these problems could be ameliorated. The se_omeats of
roadway that should be monitored over time, as volumes increase &ad operations
effectiveness &ad safety decrease, are listed below.
Roadway $~ Present ADT
Barn Lake Road East of Winnetlm 23,000 25,200
Bass Lake Road West of Boone 21,000 21~300
42nd Avenue N. Throughout City 26-28,000 2%32,000
36th Avenue N. Throughout City 10-12,500 10-12,500
Boone Avenue North of Bass Lake Rd. 7,900 18,000
The staff of the City of New Ho~e will, on oe~.~iou, receive complaints from its citizens
with regard to traffic noise. The majority of these noise issues occur along the 169
Highway
principal arterial The City has conducted some limited noise readings along Highway 169
and have foUnd that the noise levels are in excess of City standards. The problem of noise
adjacent l-li~way areas are excess City &ad State
levels
169
residential
that
of
standards should be discussed with the Metro Division of Mn/DOT. It may be that a
detailed noise analysis can be conducted by the State &ad if ambient noise levels are found
to exceed State standards, methodologies to mitigate the noise problem can be pursued.
New Hope Transponat~n Plan 20
CITY OF NEVV HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
A B C D E F G H I J
Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City
cation application was sent day time day time Applicant for City approved or sent response
number Name received notice limit limit was notified action denied the to Applicant
Address by City that required expires expires of under application
Phone information extension extension
was missing or waiver
96-36 Bass Lake Pet Hospital 10/11/96 12/10/96 2/8/97
8119 Bass Lake Road
Dr. Gary Gibbons I
544-2891
Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application.
A. Assign each application a number.
B. List the Applicant (name, address and phone).
C. List the date the City received the application.
D. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the
date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
E. To calculate the 60-day limit, include all calendar days.
F. To calculate the 120-day limit, include all calendar days.
Go Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G
must come before the date in Boxes E and F.)
H. List the deadline under any extension or waiver.
I. The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
J. List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before
the time limit expires.
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 96-04
Request: An Ordinance Amending Chapter 8 of the New Hope City Code by
Establishing Licensing Regulations for Pawnbrokers, Precious Metal and
Second Hand Goods Dealers and An Ordinance Amending the New Hope
Zoning Code by Establishing Pawn Shops as a Permitted Use in the B-4
Zoning District
Location: All B-4 Zoning Districts
PID No.:
Zoning: B-4, Community Business Zoning District
Petitioner: City of New Hope
Report Date: November 1, 1996
Meeting Date: November 6, 1996
BACKGROUND
1. At the March 11, 1996, City Council meeting, the City Council passed a Resolution Authorizing
a Planning Study to Consider Regulations for Pawn Shops and Pawn Brokering as a
Legitimate Business Within the City of New Hope. The City currently has no special zoning or
license requirements for pawn shops and within the past several years the City has received
several inquiries regarding the possible location of pawn shops in the City.
2. The resolution directed the City Manager and staff to prepare a planning study addressing the
secondary impacts that such a business would have on the City's land planning process. The
study was to address the need for buffer zones from other land uses which may be sensitive to
a pawn shop business and document the licensing fee to be charged in connection with Police
Department costs involving the regulation of such a business.
3. In conjunction with that resolution, the City Council also approved an ordinance establishing a
six-month moratorium on any pawn shop or pawn brokering business within the City. The
~ prohibition was effective through September 11. On July 22, the moratorium was extended an
additional six months through March 11, 1997, due the fact that the Automated Pawn System
(APS) being developed in Minneapolis would not be implemented until early 1997. The
proposed New Hope ordinance utilizes the APS technology.
4. Staff have compiled a notebook of information on this issue which was distributed to all
Planning Commissioners at the September 3 Planning Commission meeting. This notebook
contains the information that the Codes & Standards Committee has been studying for the
past seven months and includes reports from the Planner on zoning and licensing issues,
surveys of pawn shops and pawn shop ordinances in Hennepin County and Minnesota,
correspondence and legal research from the City Attorney, a Police Department report
describing pawn shop operations in other Hennepin County cities, a description of the APS
technology, zoning and licensing ordinances from other Minnesota cities, a copy of the recently
enacted Pawn Broker Regulation Act co-sponsored by Senator Ember Reichgott Junge~.~
information on licensing fees and copies of the proposed zoning and licensing ordinance
being recommended by the Committee. Please bring the notebooks to this meeting for
reference.
5. At the October I Planning Commission meeting, the Codes & Standards Committee, Planning
Consultant, City Attorney and staff presented the proposed zoning and licensing ordinances to
the full Commission for informal discussion. A representative from the Minneapolis Police
Department was also present to describe the APS technology, along with a representative
from the New Hope Police Department. The purpose of that discussion was to determine if the
Commission wanted to proceed forward with a public hearing on these ordinances. Per the
direction of the Commission, staff has proceeded with this process and is requesting that the
Commission formally consider the ordinances at this meeting. Due to publication timelines,
these ordinances would then be considered by the City Council at their November 25 meeting.
ANALYSIS
1. It is not staff's intent to completely outline the entire ordinance in this report, as that information
is contained in the notebooks and in the minutes from the October I Planning Commission
meeting.
,,
2. It is staff's intent to review/discuss the issues that were raised at the October Planning
Commission meeting and to describe the changes that staff, the City Attorney and Planning
Consultant are recommending as a result of that meeting or as a result of written comments
received from Cash 'N' Pawn, who was provided a copy of the ordinance for review.
Zonin~l Ordinance
1. Per the Planner's report, the proposed draft ordinance states that pawn shops, precious metal
dealers and second hand dealers would be a permitted use in the B-4 Zoning District. The City
has received inquiries for a pawn shop for a site in the B-3 District along Bass Lake Road, at
the City's eastern boundary (the vacant Ponderosa building). If this location is seen as an
appropriate site for a pawn shop, it raises question as to the most appropriate means to
accommodate this pawn shop request.
The City may have the following options:
Option 1: Chan,qe the City code to allow pawn shops to be located in both the B-3 and B-4
Zonin.q Districts.
In review of the locations and sizes of the existing B-3 Zoning Districts, the Planner and City
staff question whether they are all appropriate sites for pawn shops. Pawn shops have similar
character to other retail and financial lending units with regard to building size, customer
attraction, parking requirements and other site characteristics. This ordinance requires them to
be permitted in more intense commercial zoning districts (B-4). The B-3 Zoning Districts are
intended for automobile oriented commercial uses. Further, the existing B-3 sites may not be
appropriate/desirable locations for pawn shops. The B-3 Zoning Districts are smaller isolated
2
sites located at the gateways to the community and are appropriately zoned for auto-related
uses.
Without a more detailed study of the existing B-3 Zoning Districts, the Planning Consultant
does not feel that it would be prudent to expand pawn shops into this district.
Option 2: Changing the one preferred site from B-3 to B-4.
This option would continue to limit proliferation of pawn shops in undesirable locations.
Further, changing one site would be more desirable rather than rezoning all B-3 sites without
further evaluating their consequences in the community.
Licensing Ordinance
1. The following issues and questions were raised by the prospective applicant and/or the City in
regard to the pawnbroker licensing draft ordinance and listed below are those questions/issues
with an explanation of why changes have or have not been made by the Planning Consultant
and City Attorney.
(1) Section 8.334. Exceptions to License Requirements
A. The New Hope Zoning Ordinance states that selling coins and philatelic stores are
permitted in the B-1 District. The City is concerned whether this would imply that such
dealers would require a precious metal dealer license or if this provision would allow for
other precious metal dealers to operate in this district.
Page 4, Section 8.334(1)(f), the draft license ordinance clearly states that transactions
involving solely coins or bullion in ingots are exempt from license requirement.
Therefore, this is not an area of conflict and no change to the ordinance has been
made.
B. As per the draft ordinance, Page 5, Section 8.334(2)(b), the sale of second hand
books, magazines, sound or video record or films are transactions that do not require a
second hand dealer license. The perspective applicant questioned whether similar items
are exempt from the record keeping requirements in a pawn shop. Shops that
exclusively sell the above merchandise only are exempt from a license, however, pawn
shops as defined under Section 8.332, that sell similar items along with other
merchandise will require to do record keeping as specified in the license ordinance.
(2) Section 8.344. Conditions for Approval of License.
A. Pages 9 & 10, Section 8.344(1.3(c) states that no license shall be issued to an
applicant who holds an intoxicating liquor license under this code. This clause would
prohibit an applicant from holding a pawnbroker license and liquor license in the City of
New Hope.
Further, this clause was introduced to avoid any unhealthy business lending practice in
pawn shops. To avoid any person from pawning in desperate situation because of their
addiction to alcohol and patronizing a liquor establishment owned by the lender. Mo~--.
City Code and Minnesota Statute regulations identify this as a requirement, too.
B. At the request of the Planning Commission and after review by the City staff, the
following requirements shoUld be included in Section 8.334(f-3) under conditions for
approval of license.
(d) Is of good moral character or repute. ..
(e) A person who is not a citizen of the United States or a resident alien, or upon whom
it is impractical to conduct a background and financial investigation due to the
unavailability of information.
Both these provisions are listed in State Statutes regulating pawn shops, however, the
City must provide other findings to support provision (d).
The City Attorney has added subsections (d) and (e) requiring all license applicants to
be a citizen of the United States or a resident alien and be of sufficient good ,moral
character and repute to Section 8.344 Conditions for Approval of License.
C. Page fO, Section 8.344(4). On request by the ,perspective applicant and
recommendation by the staff, the Planning Consultant states that the current provision
may be revised to read as follows:
"Any change, directly or beneficially, in the ownership of any licensed pawn shop,
precious metal or second hand dealer
shall require the application for a new license and
the new owner must satisfy all current eligibility requirements."
However, per the City Attorney's correspondence, he is not in agreement regarding
ownership changes set out in Section 8.344(4) of the ordinance. He states that this is a
reasonable amendment, however, the new State statute codified as Minn. Stat. Chap.
325J enacting minimum pawn shop regulations clearly requires any new owner to
comply with all eligibility requirements for a license regardless of the extent of the new
owner's interest in the business. This requirement is found in Minn. Stat. Section
325J.03, Since this is a "minimum requirement" statute, the City can be more stringent
with its regulations but cannot make licensing regulations less stringent than set out in
the statute. The proposed change would effectively render the New Hope code less
stringent than State law. This is something the City cannot do. As a result, the City
Attorney did not make the recommended change to the Ordinance as propoSed by the
City Planner in his memo.
(3) Section 8,345, General License Restrictions,
A. Page fl, Section 8.345(f)(g)(i), states that a color photograph or color video recording
is taken of each customer involved in a billable transaction. The perspective applicant
questioned whether this was necessary.
4
.... Yes, this is necessary for record keeping. If more than one person is signing on the
pawn receipt, they all must be photographed.
B. Page 12, Section 8.345(1)(g)(iv), requires a pawnbroker to inform the customer orally
that they are being photographed. Question was raised as to whether it was necessary
to orally inform the person that they are being videotaped, or would a sign indicating so
be sufficient.
Yes, the pawn broker would be required to orally inform the customer that a close up of
his face is being taken. Photo/video requirement in a pawn shop is not for surveillance
only. Once a transaction has taken place, the lens is zoomed in to get a close up of the
person who is involved in this transaction, therefore, it is important to inform the person
that they are being videotaped in close up.
C. Page 12, Section 8.345(2), Printed Record Keeping. Subsection (a) on page 12 was
amended to indicate a 90-day holding period which is not consistent with subsection
8.345(6) on page 16 and (17) on page 18.
D. Page 15, Section 8.345(5)(a) to (g), specify items for which reports to police are
required. As the City is planning to use the Automated Pawn System, all
transactions/items get photographed or videotaped and sent to the Police Department
for record keeping. Therefore, the Planner feels this provision may be deleted from the
draft.
The City Attorney indicates that former Section 8.345(5) dealing with a weekly report to
the Police Department has been deleted in its entirety.
E. Page 16, Section 8.345(7). The 90-day holding period provision is valid for items
pawned to a customer or sold by them. After 90 days a pawnbroker may sell the
purchased item. This would give the police sufficient time to carry on any investigation,
if necessary, on an item that may have been reported stolen.
F. Page 18, Section 8.345(18), Effect of Redemption. This section should be revised to
include a 90-day redemption period to be consistent with Section 8.345(7), instead of 60
day as currently stated.
G. Section 8.345(19) requires payment by check for items purchased or money given as
security for a loan payment. The perspective applicant questioned this requirement as it
involved added expense for the pawnbroker and reduces the amount of money received
by the customer.
The reason this requirement was included was to allow another way of tracking the
customer in case of illegally pawned or sold items. However, this is not a fool proof
method and just adds to additional administrative and business expenses for the
pawnbrokers. Further, this "check only" provision may affect a person who may have
legitimate reasons for needing cash by pawning. Many customers may not have a
5
checking account and to cash a check received by the pawnbroker they would have t~_~
pay an additional transaction charge which would reduce the money receive~
Therefore, the "check only" requirement may be revised to include cash transactions.
There are other provisions of record keeping in the ordinance which would be sufficient
to track information regarding any transaction.
The City Attorney states that Section 8.345(19) Payment was amended to provide for
payment of pledged goods by cash as well as by check.
(4) Page 20, Section 8.348(1), Permitted Charges.
1. This item was a specified requirement in the Minnesota Statute. Further, the twenty
dollar ($20.00) storage fee is a one-time fee to store a pawned item off-site for the entire
90-day redemption period.
(5) Section 2, SeCtion 14.106.
A. Based on the City staff recommendation, the annual license fee was revised to
$2,500.00. The billable transaction fee is two dollars ($2.00) for an automated
transaction, of which 95¢ would go to the City of Minneapolis Police Department for the
APS service and the balance covers New Hope administration and enforcement
expense. The three dollar ($3.00) transaction charge will be charged for non-APS
service. ,'
The City Attorney indicates that subsection 2 was amended to indicate investigation
fees conducted in the State of Minnesota would be $1,500.00. Subsection 3 was
amended to indicate the annual license fee at $2,500.00, and subsection 4 was
amended to include modem transactions and manual transactions at $2.00 and $3.00,
respectively.
2. Staff concurs with the Planner's statement that the proceeding narrative attempts to respond to
the outstanding questions of the pawn shop regulations. With agreement on these changes,
the ordinance may proceed to' public hearing.
RECOMMENDATION
Staff recommends approval of the two ordinances.
Attachments: 10/29 City Attorney Correspondence
Revised Ordinance Establishing Licensing Regulations for Pawn Brokers, Precious
Metal and Second Hand Goods Dealers
10/18 Planner's Report on Ordinance Issues and Revisions
10/18 Correspondence to Minneapolis Police Department
9/25 City Attorney Correspondence
Ordinance Amending Zoning Code by Establishing Pawn Shops as a Permitted Use
in the B-4 Zoning District
6
, CORRICK & SOSD~L, P.A.
ST~VE.*. SONO~U. ATrOI~Ys AT L~w ~
M~c~.. ~u. Edinburgh Execu~ve O~ce Plea ~ o. ~
MA~ P. MA~C~
w~u,.c. ~,. 8525 Edinbrook Crossing
~ Suite ~203
Brookl~ P~k, M~nesom 55443
TE~PHONE (S~2) 4~1
FAX (612) 42~58~
October 29, 1996
Kirk McDonald
Management Asst.
City of New Hope
4401Xy]on Avenue North
New Hope, MN 55428
RE: Revised Pawn Shop Ordinance
Our File No: 99.40028
Dear Kirk:
In fo]Iow up to our October 7, 1996 meeting with the City Planner
and their October 18, 1996 memo, please find enclosed a revised
Pawn Shop Licensing Ordinance. "
Basically, [ am in agreement with ail recommendations made by the
City Planner's October 18th memo with the exception of item no. 3
on page 3 regarding ownership changes set out in §8.344(4) of the
Ordinance. This is a reasonable amendment, however, the new state
statute codified as Minn. Stat. Chap. 325J in acting minimum pawn
shop regulations clearly requires any new owner to comply with ali
eligibility requirements for a license regardless of the extent of
the new owner's interest in the business. This requirement is
found in Minn. Stat. §325J.03. Since this is a "minimum
requirement" statute, we can be more stringent with our regulations
but cannot make our licensing regulations ]ess st'ringent than set
out in the statute. The proposed change would effectively render
our Code ]ess stringent than state law. This is something we
cannot do. As a result, ! did not make the recommended change to
the Ordinance as proposed by the City Planner in his memo.
However, the following changes were made:
1. §8.344 Conditions for Approval of License - we added
subsections (d) and (e) requiring all license applicants
to be a citizen of the United States or a resident alien
and be of sufficient good moral character and repute.
2. §8.345(2) Printed Recordkeeping - subsection (a) on page
12 was amended to indicate a 90-day ho]ding period which
is now consistent with §§8.345(6) on page 16 and (17) on
page 18.
Mr. Kirk McDonald
October 29, 1996
Page 2
3. Former §8.345(5) dealing with a weekly report to the
police department has been deleted in its entirety. Said
section was referred to by the City Planner in item no.
3 on page 4 of his memo.
4. §8.345(19) Payment - this section was amended to provide
for payment of pledged goods by cash as well as by check.
5. §14. 106 Pawn Brokers, Precious Metal Dealer and
Secondhand Dealer License - this is the fee section of
the Ordinance. Subsection 2 was amended to indicate
investigation fees conducted in the State of Minnesota
would be $1,500.00. Subsection 3 was amended to indicate
the annual license fee at $2,500.00, and subsection 4 was
amended to include modem transactions and manual
transactions at $2.00 and $3.00 respectively.
No change was made to the Zoning Ordinance since we agreed with the
City Planner's rationale concerning the Ponc[erosa site under
question for this kind of use.
Please contact me if you have any other questions or concerns
regarding the revised ordinance enclosed herein.
V~~y yours,
Steven A. Sondrall
slt2
Enclosure
cc: Alan Brixius, City Planner
ORDINANCE NO. 96-
AN ORDINANCE AMENDING CHAPTER 8
OF THE NEW HOPE CITY CODE BY
ESTABLISHING LICENSING REGULATIONS
FOR PAWNBROKERS, PRECIOUS METAL AND
SECOND HAND GOODS DEALERS
The City Council of the City of New Hope ordains:
Section 1. Section 8.33 "License for Pawnbrokers, Precious
Metal Dealer and Second Hand Dealer" of the New Hope City Code is
hereby added to read as follows:
8.33 License for Pawnbrokers, Precious Metal Dealer and Second Hand
Dealer.
8.331 Purpose. The purpose of this section is to prevent
pawn shop, precious metals and second hand goods
businesses from being used as facilities for the
commission of crime, to assure that such businesses
comply with basic consumer protection standards and
to protect the public hea]th~ safety and general
welfare of the citizens of the City. The City
Council therefore finds consumer protection
regulation is warranted in transactions involving
pawnbrokers, precious metal dealers and second hand
dealers.
8.332 Definitions. The following words and terms when
used in this Section shall have the following
meanings unless the context clearly indicates
otherwise:
(1) Billable Transaction. Every reportable
transaction conducted by a pawnbroker except
renewals, redemptions, or extensions of
existing pawns on items previously reported
and continuously in the licensee's possession
is a billable transaction.
(2) Minor. Any person under 18 years of age.
(3) Pawnbroker. Any person or agent or employee
thereof, within the City who loans money on
deposits or pledge of personal property or
other valuable thing; who deals in the
purchasing of personal property or other
valuable item on condition of selling that
same item back again at a stipulated price; or
who loans money secured by a mortgage on
personal property, taking possession of the
property or any part thereof so mortgaged. To
the extent that a business includes buying
personal property previously used, rented or
leased, or selling it on consignment, the
provision of this section shall be applicable.
Any bank, savings and loan associations or
credit union shall not be deemed a pawnbroker
for purposes of this section.
(4) Pawnshop. The location at which or premises in
which a pawnbroker regularly conducts
business.
(5) Person. An individual; a partnership,
including a limited partnership; a corporation
including a foreign, domestic or nonprofit
corporation; a trust; a political subdivision
of the State; or any other business
organization..
(6) Precious Metal Dealer. Any person engaged in
the business of buying coins or second hand
items containing precious metal, including but
not limited to, jewelry, watches, eating
utensils, candlesticks, and religious and
decorative objects.
(7) Second Hand Dealer. A person, partnership,
firm or corporation whose regular business
includes selling or receiving tangible
personal property (excluding motor vehicles)
previously used, rented, owned, or leased. The
term second hand dealer shall include
pawnbroker and antique shops.
(8) Reportable Transaction. Every transaction
conducted by a pawnbroker in which merchandise
is received through a pawn, purchase,
consignment or trade, or in which a pawn .is
renewed, extended or redeemed, is reportable
except:
(a) The bulk purchase or consignment of new
or used merchandise from a merchant,
manufacturer or wholesaler having an
established permanent place of business,
and the retail sale of said merchandise,
provided the pawnbroker must maintain a
record of such purchase or consignment
which describes each item, and must mark
each item in a manner which relates it to
that transaction record.
(b) Retail and wholesale sales of merchandise
originally received by pawn or purchase,
and for which all applicable hold and/or
redemption periods have expired.
8.333 License Required. No person, firm or corporation
shall conduct or operate the business of
pawnbroker, precious metal dealer and second hand
dealer without having first obtained a license
therefore as herein provided; or in violation of
any of the provisions herein contained. No
pawnbroker, precious metal dealer and second hand
dealer license may be transferred to a different
location or a different person. A separate license
is required for each place of business. A person
may be issued multiple licenses if there has been
compliance with this code and all other county,
state and federal laws for each license.
8.334 Exceptions to License Requirement.
(1) The following transactions shall not require a
precious metal dealers license:
(a) Transactions at occasional "garage" or
"yard" sales, or estate sales or auctions
held at the decedent's residence, except
that precious metal dealers must comply
with the requirements of Minnesota
Statutes, §§325F.734 to 325F.742 for
these transactions.
(b) Transactions regulated by Minnesota
Statutes, Chapter 80A.
(c) Transactions regulated by the Federal
Commodity Futures Commission Act.
3
(d) Transactions involving the purchase of
precious metal grindings, filings, slag,
sweeps, scraps or dust from an industrial
manufacturer, dental lab, dentist or
agent thereof.
(e) Transactions involving the purchase of
photographic film such as lithographic
and x-ray film or silver residue or flake
covered in lithographic and x-ray film
processing.
(f) Transactions involving coins or bullion
in ingots.
(g) Transactions in which the second hand
item containing precious metal is
exchanged for a new item containing
precious metal and the value of the new
item exceeds the value of the second hand
item.
(h) Transactions between precious metal
dealers if both dealers are licensed
under Minnesota Statutes §325F.733, or if
the seller's business is located outside
of the State and the item is shipped from
outside the State to a dealer licensed
under Minnesota Statutes §325F.733.
(i) Resale transactions by'an antique dealer
of second hand items containing precious
metal if the items are resold at retail
in an unaltered condition except for
repair, and the antique dealer paid less
than two thousand five hundred dollars
($2,500.00) for all second hand items
containing precious metals purchased by
said antique dealer within any twelve
(12) consecutive month period.
(2) The following transactions shall not require a
second hand dealers license:
(a) The sale of second hand goods where all
of the following are present:
(i) The sale is held on property
occupied as a dwelling by the seller
or owned, rented or leased by a
chari t able or po 1 it i cal
organization.
(ii) The items offered for sale are owned
by the occupant.
(iii) That no sale exceeds a period of
seventy-two (72) consecutive hours.
(iv) That no more than two (2) sales are
held in any twelve (12) consecutive
month period.
(v) That none of the items offered for
sale shall have been purchased for
resale or received on consignment
for purpose of resale.
(b) The sale of second hand books, magazines,
sound or video recordings, or film.
(c) The business of buying or selling only
those second hand goods taken as part of
full payment for new goods of greater
value and where such business is
incidental to and not the primary
business of a person.
(d) A bulk sale of property from a merchant,
manufacturer or wholesaler having an
established place of business or of goods
sold at open sale from bankrupt stock.
(e) Goods sold at an exhibition.
8.335 Business Manager. A person(s) designated by the
licensee to operate a business in the licensee's
absence. A licensee must designate a manager to
operate the licensed business if the licensee
cannot provide on-site supervisory services at the
business for at least 40 hours per month.
(1) When a licensee places a manager in charge of
a business, or if the named manger(s) in
charge of a licensed business changes, the
licensee must complete and submit the
5
appropriate application, on forms provided by
the City within fourteen (14) days.
(2) Upon completion of an investigation of a new
manager, the licensee must pay an amount equal
to the cost of the investigation to assure
compliance with this Code. If the
investigation process is conducted solely with
the State of Minnesota, the fee shall be one
thousand five hundred dollars ($1,500.00). If
the investigation is conducted outside the
State of Minnesota, the issuing authority may
recover the actual investigations cost not
exceeding ten thousand dollars ($10,000.00).
8.336 Application for License. Every application for
license under this Section, whether for a natural
person, partnership, corporation or other
organization shall be made on a form supplied by
the City and shall contain all information on said
license form as required by law.
8.337 Application Execution. All licQ,nse applications
under this Section shall be signed and sworn to.
Any license obtained by use of false information
shall result in the denial or revocation of a
license.
8.338 Application Verification. All applications shall
be referred to the Police Department for
verification and investigation of the facts set
forth in the application. The Police Department
shall make a written report and recommendation to
the City Council as to issuance or non-issuance of
the license. The City may order and conduct such
additional investigation as it deems necessary
during normal business hours.
8.339 Application Consideration. If an application is
granted for a location where a building is under
construction or not ready for occupancy, the
license shall not be delivered to the licensee
until a certificate of occupancy has been issued
for the licensed premises.
8.340 Fees.
(1) Application Fee.
6
(a) A nonrefundable application fee shall be
as set forth in §14.106(1) of this Code.
(b) The application fee shall be paid in full
before the license application is
accepted.
(2) Investigation Fee. A license applicant under
this Section shall pay the City at the time an
original application is submitted, a
nonrefundab]e investigation fee as set out in
§14.106(2) of this Code for the following
costs:
(a) To verify the license application and;
(b) To assure compliance with this section.
(3) License Fee.
(a) The license fee shall be as set out in
§14.106(3) of this CodQ.
(b) The first annual license fee shall be
paid with the application and
investigation fee. The application fee
shall be credited to the first annual
license fee, if the application is
approved.
(c) Upon rejection, denial or withdrawal of
any license application, only the annual
license fee shall be refunded in full,
but not the investigation or application
fee.
(4) Billable Transaction Fee.
(a) The billable transaction license fee
shall be as set out in §14.106(4) of this
Code and classified according to the
medium by which daily required reports
are submitted to the New Hope Police
Department.
(b) The billable transaction license fee
shall reflect the cost of processing
transactions and other related regulatory
expenses as determined by the City
Council, and shall be reviewed and
adjusted, if necessary, at least every
six (6) months. Licensees shall be
notified in writing thirty (30) days'
before any adjustment is implemented. The
billable transaction fee for modem
transaction shall not exceed the billable
transaction fee for manual transactions.
(c) Billable transaction fees shall be billed
monthly and are due and payable within
thirty (30) days. Failure to do so is a
violation of this section.
8.341 Bond. A pawnbroker license w.ill not be issued
unless the applicant files with the City Clerk a
bond with corporate surety, cash, or a United
States Government Bond in the amount of five
thousand dollars ($5,000.00) for a pawnbroker,
precious metal dealer and second hand dealer
license. The bond must be conditioned on the
licensee obeying the laws and ordinances governing
the licensed business and payin~ all fees, taxes,
penalties and other charges associated with the
business. The bond must provide that it is
forfeited to the City upon violation of any law or
ordinance.
8.342 Application Renewal. All licenses issued as per
this section shall be effective for one year from
the date of approval by the City. An application
for the renewal of an existing license shall be
made prior to the expiration date of the license
and shall be made in such form as the City
requires. No expiration of any license shall impair
or affect the obligation of any pre-existing lawful
contract between the licensee and any pledgor.
8.343 Death of a Licensee. In the case of the death of a
licensee, the relative or personal representative
of the licensee may continue o~eration of the
business for not more than ninety (90) days after
the licensee's death.
8;344 Conditions for Approval of License. To be eligible
for or to maintain a pawnbroker, precious metal or
second hand dealer license, a person must operate
8
lawfully and fairly within the provisions of this
section and all other applicable laws, and:
(1) No license under this Section shall be issued
to an applicant who is a natural person if
such applicant:
(a) Is a minor at the time the application is
filed;
(b) Has been convicted of any crime directly
related to the occupation licensed as
prescribed by Minnesota Statutes §364.03,
Subd. 2, unless the person has shown
competent evidence of sufficient
rehabilitation and present fitness to
perform the duties of a pawnbroker as
prescribed by Minnesota Statutes §364.03,
Subd. 3; or
(c) Holds an intoxicating liquor license
under this Code; or ,.
(d) Is not a citizen of the United States or
a resident alien, or upon whom it is
impractical to conduct a background and
financial investigation due to the
unavailability of information; or
(e) Is not of sufficient good moral cher~cter
or repute as determined by the City
Council.
(2) No license under this Section shall be issued
to an applicant that is a partnership if such
applicant has any general partner or managing
partner who:
(a) Is a minor at the time the application is
filed;
(b) Has been convicted of any crime directly
related to the occupation and the person
licensed as prescribed by Minnesota
Statutes §364.03, Subd. 2, unless the
person has shown competent evidence of
sufficient rehabilitation and present
fitness to perform the duties of a
pawnbroker, as prescribed by Minnesota
Statutes §364.03 Subd. 3; or
(c) Holds an intoxicating liquor license
under this Code; or
(d) Is not a citizen of the United States or
a resident alien, or upon whom it is
impractical to conduct a background and
financial investigation due to the
unavailability of information; or
(e) Is not of sufficient good moral character
or repute as determined by the City
Council.
(3) No license under this Section shall be issued
to an applicant that is a corporation or other
organization if such apglicant has any
manager, proprietor, or agent in charge of the
business to be licensed who:
(a) Is a minor at the time the application is
filed;
(b) Has been convicted of any crime directly
related to the occupation licensed as
prescribed by Minnesota Statutes §364.03
Subd. 2, unless the person has shown
competent evidence of sufficient
rehabilitation and present fitness to
perform the duties of a pawnbroker as
prescribed by Minnesota Statutes §364.03
Subd. 3; or
(c) Holds an intoxicating liquor license
under this Code; or
{d) Is not a citizen of the United States or
a resident alien, or upon whom it is
impractical to conduct a background and
financial investigation, due to the
unavailability of information; or
(e} Is not of sufficient good moral character
or repute as determined by the City
Council.
10
(4) Any change, directly or beneficially, in the
ownership of any licensed pawnshop, precious
metal or second hand dealer shall require the
application for a new license and the new
owner must satisfy all current eligibility
requirements.
(5) The following locations shall be ineligible
for a license under this Section:
(a) No license shall be granted or renewed if
the property on which the business is to
be conducted is owned by a person who is
ineligible for a license under any of the
requirements of this Code.
(b) Where operation of a licensed premise
would violate Chapter 4 of this Code.
(c) Where the applicant's present license was
issued conditioned upon the applicant
making specified improvements to the
licensed premise or the property of the
licensed premise which improvements have
not been completed.
8.345 General License Restrictions.
(1) Recordkeepinq. At the time of a receipt of an
item of property, whether sold or pawned, the
pawnbroker, precious metal dealer and second
hand dealer shall immediately record, using
the English language, in an indelible ink, or
in a computerized record approved by the City
Manager, the following information:
(a) A complete and accurate description of
the item of property including, but not
limited to, any trademark, identification
number, serial number, model number,
brand name, or other identifying mark on
such item;
(b) The date and time the item of property
was received by the pawnbroker;
(c) The full name, residence address,
residence telephone number, address, date
11
of birth and reasonably accurate
description of the pledgor or seller;
(d) The amount advanced or paid;
(e) The maturity date of the pawn transaction
and the amount due;
(f) The monthly and annual interest rates,
including all pawn fees and charges; and
(g) The licensee must also take color
photographs or color video recording of:
(i) Each customer involved in a billable
transaction,
(ii) Every item pawned or sold that does
not have a unique serial or
identification number permanently
engraved or offered.
(iii) If a photograph is'taken, it must be
at least two (2) inches in length by
two (2) inches in width and must be
maintained in such a manner that the
photograph can be readily matched
and correlated with all other
records of the transaction to which
they relate. Such photographs must
be available to the Chief of Police,
or the Chiefs designee, upon
request. The licensee must inform
the person that he or she is being
photographed by displaying a sign of
sufficient size in a conspicuous
place in the premises.
(iv) If a video photograph is taken, the
video camera must zoom in on the
person pawning or selling the item
so as to include an identifiable
close up of that person's face.
Items photographed by video must be
accurately depicted. Video
photographs must be electronically
referenced by time and date so they
can be readily matched and
12
correlated with all other records of
the transaction to which they
re]ate. The licensee must orally
inform the person that he or she is
being videotaped and by displaying a
sign of sufficient size in a
conspicuous place on the premises.
The licensee must keep the exposed
videotape for three (3) months.
(h) Digitized Photographs, Effective ninety
(90) days from the date of notification
by the Chief of Po]ice, the licensee may
fulfill the color photograph requirements
in §8.345(1)(g) by submitting them as
digital images, in a format specified by
the issuing authority, electronically
cross referenced to the reportable
transaction they are associated with.
Notwithstanding the digital images may be
captured from required video recordings,
this provision does nat alter or amend
the requirements in §8.345(1)(g).
(2) Printed Record Keeping. The following shall
be printed on all pawn tickets:
(a) The statement that "any personal property
pledged to a pawnbroker within this state
is subject to sale or disposal when there
has been no payment made on the account
for a period of not less than ninety (90)
days past the date of the pawn
transaction, renewal, or extension; no
further notice is necessary. There is no
obligation for the pledgor to redeem
pledged goods."
(b) The statement that "the pledgor of this
item attests that it is not stolen, it
has no liens or encumbrances against it,
and the pledgor has the right to sell or
pawn the item"
(c) The statement that "this item is
redeemable only by the pledgor to whom
the receipt was issued, or any person
identified in a written and notarized
13
authorization to redeem the property
identified in the'receipt, or a person
identified in writing by the pledgor at
the time of the initial transaction and
signed by the pledgor. Written
authorization for release of property to
persons other than the original pledgor
must be maintained along with the
original transaction record".
(d) A blank line for the pledgor's signature.
(3) Inspection of Records. The pawnbroker,
precious metal dealer or second hand dealer
shall make available the information required
in §8.345(1) of this Section during business
hours for inspection by the City. The
information required in §8.345(1) of this
Section shall be retained by the pawnbroker,
precious metal dealer and second hand dealer
for at least three (3) years. These records
shall be a correct copy of itC entries made of
the pawn transactions.
(4) Daily Report to Police.
(a) Method. Licensee must provide to the
Police Department the information
required in §8.345(1)(a-f), by
transferring it from their computer to
the Police Department via modem. All
required records must be transmitted
completely and accurately after the close
of business each day in accordance with
standards and procedures established by
the City using a dial-callback protocol
or other procedures that address security
concerns of the licensee and the City.
The licensee must display a sign of
sufficient size, in a conspicuous place
in the premises, which informs all
patrons that all transactions are
reported to the Police Department daily.
(b) Billable Transaction Fees. Licensees will
be charged for billable transactions at
the rate for the medium by which they
were reported to the Police Oepartment
except:
14
(i) If a licensee who has consistently
reported via modem, is unable to
successfully transfer the required
reports by modem, the licensee must
provide the Police Department
printed copies of all reportable
transactions along with the video
tape(s) for that date, by 12:00 Noon
the next business day and must be
charged at the modem rate for
billable transactions.
(ii) If the problem is determined to be
in the licensee's system and is not
corrected by the close of the first
business day following the failure,
the licensee must provide the
requi red reports as detai led in
§8.345(1) and must be charged at the
modem rate for transactions through
the close of the first business day
following the raj,lure, and at the
manual rate for all subsequent
billable transactions until the
error is corrected; or
(iii) If a licensee who has consistently
reported via' modem is unable to
capture, digitize or transmit the
photographs required in
§8.345(1)(g), the licensee must
immediately take all required
photographs with a still camera,
immediately develop the pictures,
cross reference the photographs to
the correct transaction, and deliver
them to the Police Department by
12:00 Noon the next business day.
Billable transactions will be
charged at the modem rate for
transactions through the close of
the first business day following the
failure, and at the manual rate for
all subsequent billable transactions
until the error is corrected.
15
(5) Police Order to Hold Property. Whenever the
Police Department notifies the pawnbroker,
precious metal dealer or second hand dealer
not to sell an item, the item shall not be
sold or removed from the licensed premises
until authorized to be released by the Police
Department.
(6) Holding Period for Pawnbrokers. Any item sold
or pawned to a pawnbroker, precious metal
dealer or second hand dealer for which a
report to the police is required shall not be
sold or otherwise transferred for ninety (90)
days after the date of the sale or pawn.
However, an individual may redeem an item
pawned seventy-two (72) hours after the item
was received on deposit by the pawnbroker,
precious metal dealer or second hand dealer
excluding Sundays and legal holidays.
(7) Receipt. The pawnbroker, precious metal dealer
or second hand dealer shall provide a receipt
to the seller or p]edger"of any item of
property received, sold or owned which shall
include:
(a)The name, address, and phone number of
the pawnbroker business;
(b)The date on which the item was received
by the pawnbroker;
(c) A description of the item received and
amount paid to the pledger or seller in
exchange for the item pawned or sold;
(d)The signature of the pawnbroker agent;
(e) The last regular business day by which
the item must be redeemed by the pledger
without risk that the item will be sold
and the amount necessary to redeem the
pawned item on that date;
(f) The annual rate of interest charged on
pawned items received; and
(g) The name and address of the seller or
pledger.
(8) Hours of Operation. No pawnbroker, precious
metal dealer or second hand dealer shall keep
the pawnbroker, precious metal or second hand
business open for the transaction of business
on any day of the week before 7:00 a.m. or
after 10:00 p.m.
16
(9) Minors. The pawnbroker, precious metal dealer
or second hand dealer shall not purchase or
receive personal property of any nature or
deposit or. pledge from any minor.
(10) Inspection of Items. The pawnbroker, precious
metal dealer or second hand dealer shall, at
all times during the term of the license,
allow the City to enter the premises where the
pawnbroker is located, for the purpose of
inspecting such premises and' inspecting the
items, ware, and merchandise therein for the
purpose of locating items suspected or alleged
to have been stolen or otherwise improperly
disposed.
(11) License Display. A license issued under this
Section must be posted in a conspicuous place
in the premises for which it is used.
(12) Maintenance of Order. A licensee under this
Section shall be responsible for the conduct
of the business being operated and shall
maintain conditions of order.
(13) Gambling. No licensee under this Section may
operate or permi.t the operation on the
licensed premises of dice, slot machines,
roulette wheels, punch boards, blackjack
tables, or pinball machines which return coins
or slugs, ships, or tokens of any kind, which
are redeemable in merchandise or cash. No
gambling equipment authorized under Minnesota
Statutes, §§349A.11-349.60, may be operated
and no raffles may be conducted on the
licensed premises and/or adjoiniqg rooms. The
purchase of lottery tickets may take place on
the licensed Premises as authorized by the
director of the lottery pursuant to Minnesota
Statutes, §§349A.O1-349A.15.
(14) Prohibited Goods. No licensee under this
Section shall accept any item of property
which contains an altered or ob]iterated
serial number or "Operation Identification"
number or any item of property whose serial
number has been removed.
17
(15) Proper Identification. A licensee under this
Section shall not accept items of property
un]ess the se]]er or pledger provides to the
pawnbroker one of the fo]lowing forms of photo
identification:
(a) A va]id Driver's License;
(b) A Minnesota Identification Card; or
(c) A photo identification issued by the
state of residency of the person from
whom the item was received and current
Minnesota address.
No other forms of identification shall be
accepted.
(16) Redemption Period. The date by which an item
of property that has been pawned must be
redeemed by the pledger without risk that the
item will be sold must be a day on which the
pawnbroker is open for regular business.
,.
(17) Effect of Redemption.
(a) A pledgor shall have no obligation to
redeem pledged goods or make any payment
on a pawn transaction. Pledged goods not
redeemed within at least ninety (90) days
of the date of the pawn, transaction,
renewal, or extension shall automatically
be forfeited to the pawnbroker, and
qualified right, title, and interest in
and to the goods shall automatically vest
in the pawnbroker, precious metal dealer
or second hand dealer.
(b) The licensee's right, title, and interest
in the pledged goods under (a) is
qualified only by the pledgor's right,
while the pledged goods remain in
possession of the pawnbroker, precious
metal dealer or second hand dealer and
not sold to a third party, to redeem the
goods by paying the loan plus fees and/or
interest accrued up to the date of
redemption.
18
(c) A pawn transaction that involves holding
only the title to property is subject to
Minn. Stat. Chapter 168A or 336.
(18) Payment. When a pawnbroker, precious metal
dealer qr second hand dealer accepts an item
for purchase or as security for a loan,
payment for any article deposited, left,
pledged or pawned may be made by cash or by
check, draft or other negotiable instrument or
order of withdrawal which is drawn against
funds held by a financial institution. This
po]icy must be posted in a conspicuous place
in the premises.
(19) Business at Only One Place. A license under
this Section authorizes the licensee to carry
on its business only at the permanent place of
business designated in the license. The City
may issue more than one license to a person if
that person complies with this section for
each license.
(20) Restrictions on Weapons.
(a) A pawnbroker, precious metal dealer or
second hand dealer may not receive as a
pledge or otherwise, or accept for
consignment or sale any revolver, pistol,
rifle, shotgun, or or'her firearm unless
said dealer also maintains a federal
firearms dealers license.
(b) A pawnbroker, precious metal dealer or
second hand dealer may not receive as a
pledge or otherwise, or accept for
consignment or sale, any sawed off
shotgun, automatic rifle, black jack,
switchblade, or other similar illegal
weapons or firearms.
8.346 Restrictions Re~arding License Transfer. Each
license under this Division shall be issued to the
applicant only and shall not be transferable to any
other person. No licensee shall loan, sell, give or
assign a license to another person.
19
8.347 Suspension or Revocation of License.
(1) The City Council may suspend or revoke a
license issued under this Section upon a
finding of a violation of:
(a) Any of the provisions of this Section; or
(b) Any state statute regulating pawnbrokers,
precious metal dealers or second hand
dealers.
Any conviction by the pawnbroker, precious
metal dealer or second hand dealer for theft,
receiving stolen property, or any other crime
or violation involving stolen property shall
result in the immediate suspension pending a
hearing on revocation of any license issued
hereunder.
(2) Except in the case of a suspension pending a
hearing or revocation, a revocation or
suspension by the City' Council shall be
preceded by written notice to the licensee and
a public hearing. The written notice shall
give at least ten (10) days' notice of the
time and place of the hearing and shall state
the nature of the charges against the
pawnbroker. The Council may, without any
notice, suspend any license pending a hearing
on revocation for a period not exceeding
thirty (30) days. The notice may be served
upon the pawnbroker or precious metal dealer
by the United States mail addressed to the
most recent address of the business in the
license application.
8.348 Permitted Charges.
(1) Notwithstanding any other statutes, ordinance,
rule, or regulation, a pawnbroker, precious
metal dealer or second hand dealer may
contract for and receive a charge not to
exceed three (3) percent per month of the
principal amount advanced in the pawn
transaction plus a reasonable fee for storage
and services. A fee for storage and services
2O
may not exceed twenty ($20.00) dollars if the
property is not in the possession of the
pawnbroker.
(2) The charge allowed under paragraph (1 ) shall
be deemed earned, due, and owing as of the
date of the pawn transaction and a like sum
shall be deemed earned, due, and owni'ng on the
same day of the succeeding month. However, if
full payment is made more than two (2) weeks
before the next succeeding date, the
pawnbroker, precious metal dealer or second
hand dealer shall remit one-half (1/2) of the
pawnshop charge for that month to the pledgor.
(3) Interest shall not be deducted in advance, nor
shall any loan be divided or split so as to
yield greater interest or fees that would be
permitted upon a single, consolidated loan or
for otherwise evading any provisions of this
section.
(4) Any interest, charge, or f~s contracted for
or received, directly or indirectly, in excess
of the amount permitted under this section,
shall be uncollectible and the pawn
transaction shall be void.
(5) A schedule of charges permitted by this
section shall be posted on the pawnshop
premises in a place clearly visible to the
general public.
8.349 Prohibited Acts.
(1) No pawnbroker, precious metal dealer or second
hand dealer licensed under this Section shall:
(a) Lend money on a pledge at a rate of
interest above that allowed by law;
(b) Possess stolen goods;
(c) Sell pledged goods before the time to
redeem has expired;
(d) Refuse to disclose to the pledger, after
having sold pledged goods, the name of
the purchaser or the price for which the
item sold;
(e) Make a loan on a pledge to a minor.
21
(2) No licensee may receive any goods, unless the
seller presents ~dent~fication in the form of
a valid drivers license, a valid State of
Minnesota identification: or
(3) No licensee may receive any item of property
that possesses an altered or obliterated
serial number or "operation identification"
number or any item of property that has had
its serial number removed.
8.350 Redemption; Risk of Loss. Any person to whom the
receipt for pledged goods was issued, or any person
identified in a written and notarized authorization
to redeem, the pledged goods identified in the
receipt, or any person identified in writing by the
pledgor at the time of the i'nitial transaction and
signed by the pledgor shall be entitled to redeem
or re-purchase the pledged goods described on the
ticket. In the event the goods are lost or damaged
while in possession of the pawnbroker, precious
metal dealer or second hand deale~, the pawnbroker,
precious metal dealer or second 'hand dealer shall
compensate the pledgor, in cash or replacement.
goods acceptable to the pledgor, for the fair
market value of the lost or damaged goods. Proof of
compensation shall be a defense to any prosecution
or civic action.
8.351 Severabilit%. If any section, subsection, sentence,
clause, or phrase of this Section is for any reason
held to be invalid, such decision shall not affect
the validity of the remaining portions of this
Division.
8.352 Penalty. A violation of this Section shall be a
misdemeanor under Minnesota Law.
Section 2. Section 14.106 "Pawn Brokers, Precious Metal
Dealer and Second Hand Dealer" of the New Hope City Code is hereby
added to read as follows:
14.106 Pawn Brokers, Precious Metal Dealer and Second Hand
Dealer License.
(1) A nonrefundable
Application Fee $500.00
22
(2) A nonrefundable Actual Cost
Investigation Fee of investigation
(including Manager not to exceed
investigation) $10,000.00. If
investigation
sol ely conducted
in Minnesota, the
invest igation fee
shal 1 be
$1,500.00
(3) Annual License Fee $25,00
(4) Billable Transaction
Fee
(a) APS Modem Transaction $2.00
(b) Manual Transaction $3.00
Section 3. Effective Date. This Ordinance shall be effective
upon its passage and publication. ,,
Dated the day of ..., 1996.
Edw. J. Erickson, Mayor
At t est:
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the day of
, 1996.)
I~ ANTS
I · COMMUNITY I~LANNINO - DESlON - MARKET RESEARCH
PLANNING REPORT
To: Kirk McDonald
FROM: Madhulika Singh / Alan Brixius
DATE: 18 October 1996
RE: New Hope - Pawnshop License Ordinance Draft - Review
FILE NO: 131.00 - 96.01
INTRODUCTION
Some issues and questions were raised during the review of the last draft ordinance for
Zoning and Licensing of Pawn Shops at the Planning Commission meeting. A perspective
applicant has also reviewed the proposed ordinance and raise questions concerning
various portions of the ordinance. The following report addresses these questions and
makes recommendation where necessary.
ISSUE ANALYSIS
Zoning.
As per the proposed draft ordinance, pawn shops, precious metal dealers and second
hand dealers would be permitted use in the B-4 Zoning District. The City have received
inquiries for a patti shop for site in the B-3 district along Bass Lake Road, at the City's
eastern boundary. If this location is seen as an appropriate site for a pawn shop, it raises
question as to the most appropriate means to accommodate for a pawn shop request.
The City may have the following options:
Option 1: Change the City_ code to allow .Dawn sho.Ds to be located both the B-3
and B-4 Zoning Districts.
In view of the location and size of the existing B-3 zoning, we question whether they
are all appropriate sites for pawn shops. Pawn shops have similar character to
5775 WAYZATA BOULEVARD, SUITE 555 ST, LOUIS PARK, NIINNESOTA 554 I {5
PHONE ~ I 2'ScJS-CJ~3~ FAX ~ I :~-5(::JS-CJ837
other retail and financial lending units with regard to building size, customer
attraction, parking requirements and other site characteristics, we required them to
be permitted in more intense commercial zoning district (B-4). B-3 Zoning District
are intended for automobile oriented commercial uses. Further the existing B-3
sites may not be appropriate / desirable location for pawn shops. The B-3 Zoning
District are smaller isolated sites located at the gateways to the community and are
appropriately zoned for auto related uses.
Without a more detailed study of the existing B-3 Zoning Districts it would not be
prudent to expand pawn shops into this district.
Option 2: Changing the one .preferred site from B-3 to B-4,
This option would continue to limit proliferation of pawn shops in undesirable
locations. Further, changing one site would be more desirable rather than rezoning
all B-3 sites without further evaluating their consequences in the community.
Licensing Requirements
The following issues and questions were raised by the applicant ~nd the City in regard to
the pawnbroker licensing draft ordinance.
Section 8.334. Exceptions to License Requirements
1. The New Hope Zoning Ordinance states that selling coins and philatelic stores are
permitted in the B-1 District. The City is concerned whether this would imply that
such dealers would require a precious metal dealer license or this provision would
allow for other precious metal dealers to operate in this district.
Page 4, Section 8.334(f)(f), in the draft license ordinance clearly states that
transactions involving solely coins or bullion in ingots are exempt from licence
requirement. Therefore this is not an area of conflict.
2. As per the draft ordinance, page 5, Section 8.334(2)(b), the sale of second hand
books, magazines, sound or video record or films are transactions that do not
require a second hand dealer license, The perspective applicant questioned
whether similar items are exempt from the record keeping requirements in a pawn
shop. Shops that exclusively sell the above merchandise only are exempt from a
license, however, pawn shops as defined under Section 8.332 ,that sell similar
items along with other merchandise will require to do record keeping as specified
in the license ordinance.
Section 8.344. Conditions for Approval of License ....
1. Page 9,10, Section 8.344(I-3)(c) states that no license shall be issued to an
applicant who holds an intoxicating liquor license under this code. This clause
would prohibit an applicant from holding pawnbroker license and liquor license in
the City of New Hope.
Further, this clause was introduced to avoid any unhealthy business lending
practice in pawn shops. To avoid any person from pawning in desperate situation
because of their addiction to alcohol and patronizing a liquor establishment owned
by the lender. Most City Codes and Minnesota Statue regulations identify this as
a requirement too.
2. At the request of the Planning Commission and after review by the City Staff the
following requirements should be included in Section 8.334 (1-3) under conditions
for approval of licence.
(d) Is of good moral character or repute.
(e) A person who is not a citizen of the United States or a resident alien, or upon
whole it is impractical to conduct a background and financial investigation
due to the unavailability of information.
Both these provisions are listed in State Statues regulating pawn shops. However,
the city must provide other findings to support provision (d).
3. Page 10, Section 8.344(4). On request by the perspective applicant and
recommendation by the City staff, the current provision may be revised to read as
follows:
"Any change, directly or beneficially, in the ownership of any licensed pawnshop,
precious metal or second hand dealer
~~; .... /.._ 'i .shall require the application for a new license
and the new owner must satisfy all current eligibility requirements.'
8.345. General Ucense Restrictions.
1. Page 11, Section 8.345(1)(a)(~, states that a color photograph or color video
recording is taken of each customer involved in a billable transaction. The
perspective applicant questioned whether this was necessary?
Yes, this is necessary for record keeping. If more than one person is signing on the
pawn receipt, they all must be photographed.
3
2. Page 12, Section 8.345(1)(a)(iv), requires a pawnbroker to inform the customer
orally that they are being photographed. Question was raised as to whether it was
necessary to orally inform the person that they are being videotaped, or would a
sign indicating so be sufficient?
Yes, the pawr~broker would require to orally inform the customer that a close up of
his face is being taken. Photo-video requirement in a pawn shop is not for
surveillance only. Once a transection has taken place, the lens is zoomed in to get
a close up of the person who is involved in this transaction, therefor it is important
to inform the person that they are being videotaped in close up.
3. Page 15, Section 8.345(5)(a) to (g), specify item for which reports to police are
required. As the city is planning to use the Automated Pawn System, all
transactions/items get photographed or videotaped and sent to the Police
department for record keeping. Therefore, this provision may be deleted from the
draft.
4. Page 16, Section 11.345(7). The 90 day holding pedod provision is valid for items
pawned to a customer or sold by them. After 90 days a pawnbroker may sell the
purchased item. This would give the police sufficient time to carry on any
investigate if necessery on an item that may have been reported stolen.
5. Page 18, Section 8.345(18), Effect of Redemption. This section should be revised
to include a 90 day redemption pedod to be consistent with Section 8.345(7),
instead of 60 day as currently stated.
6. Section 8.345 (19) requires payment by check for items purchased or money given
as security for a loan payment. The perspective applicant questioned this
requirement as it involved added expense for the pawnbroker and reduces the
amount of money received by the customer.
The reason this requirement was included was to allow another way of tracking the
customer in case of illegally pawned or sold items. However, this-is not a fool proof
method and just adds to additional administrative and business expenses for the
pawnbrokers. Further, this check only provision may affect a person who may have
legitimate reasons for needing cash by pawning. Many customers may not have a
checking account and to cash a check received by the pawnbroker they would have
to pay additional transaction charge which would reduce their money received.
·. Therefore, 'check only' requirement may be revised to include cash transections.
There are other provisions of record keeping in the ordinance which would be
sufficient to track information regarding any transaction.
7. Page 20, Section 8.348(1), Permitted Charges. This item was specified
requirement in the Minnesota Statute. Further the 20 dollar storage fee is a one
4
time fee to store a pawned item off-site for the entire 90 day redemption period.
Section 2, Section 14.106.
1. Based on the City Staff recommendation, the annual license fee was revised to
2,500 dollars. The Billable transaction fee is two dollars for a automated
transection, of which 95c would go to the City of Minneapolis Police Department for
the APS service and the balance covers New Hope administration and enforcement
expense. The three dollar transection charge will be charged for non APS service.
CONCLUSION
The proceeding narrative attempts to respond to the outstanding questions of the pawn
shop regulations. With agreement on these changes, the ordinance may proceed to public
hearing.
cc: Steve Sondrall
4401Xylon Avenue North City Hall: 612-531.5100 City Hall Fax: 612.531-5136
New Hope, Minnesota 55428-4898 Police: 612-531.5170 Police Fax: 612-531.5174
Public Works: 612-5334823 Public Works Fax: 612-533.7650
TDD: 612-531-5109 Fire Dep?. Fax: 612-531.5175
October 18, 1996
Lieutenant Philip A. Hafvenstein
Minneapolis Police Department
350 South 5~ Street - Room 1-A
Minneapolis, MN 55415-1314
Subject: Minneapolis Automated Pawn System (APS)
Planning Case 96-04
Dear Lieutenant Hafvenstein: '"
Thank you. for attending the October 1 Planning Commission meeting and explaining the
Automated Pawn System to the Planning Commission during the informal discussion. The
formal public hearing is scheduled for Wednesday, November 6, at 7:00 p.m., and we would
appreciate it if you could attend this meeting also, in the event there are additional questions
regarding the APS. We expect a representative from. Cash 'N' Pawn to be in attendance at
that meeting.
Sincerely,
Kirk McDonald
Management Assistant/
Community Development Coordinator
cc: Dan Donahue, City Manager
Family Styled City For Family Livin~
$EP-25-96 i, ED 14:40 P, 02/05 '
Ssptember 25. 1996
Kirk McDonald
ManaBement Aeet,
City of New Hope
4401Xylon Avenue North
Now Hope, MN 55428
RE: Proposed OrdtflanGe Estab11shtf19 Pawn 5hop~ &$ Permitted use
tn the 8-4 Zoning Dtstrtct
Our File No:
Per our September 25~ 1990 telephone ~onversetlon, pleuse f~nd
enclosed & Dropsied Ordinance Amendtng ~he New HoDs Zoning Code by
Establishing Pawn Shops as · Permitted Use ~n the B-~ Zoning
Dt~FtGt. ?his Ordinance t6 tn addition to ~ho proposed Ordinance
Establishing Licensing Regulations Tot P&wn Brokers, Precious
end Second Hand Goods Dealers ! previously sent you. Both
Ordinances &re for oonsJdoretton et tho October 1, 1996
Commission meeting.
Also es we discussed, tho zoning ordtnaJ~Oe Jo for ~nform&l
d~scusston on1¥. A public hearing will be required
adopt the zon4ng ordinance. We h&ve not published a pub11¢ hearing
not,ce, therefore tho Ootober meeting w~11 not bo I public hearing
on tht~ ordinance.
Zt ~s ~lso my understanding that some conetder&t~on should bo given
to establishing pawn shops es · permitted use ~n tho B-3 District
as well es ~he 8-4 District. The Planning Commission m&y went ;o
d~ocuss that ~ssue informally et their next meettng before a public
he&ring on th(s matter anyway. I will tnouro that
no~Jce ~e published ~or tn& Nov&meet ~nn~ng commsssson meeting
you eo d~eot afte~ consideration of th&es teeuee at the October
meet~nS.
~ $£P-25-~8 ~D14:41 P. 03/05
Mr ·KtrK McDonald
· ~eDtember 25, lgg6
Page 2
Contact me t1' you have any otber aues~Jona or c~ents on th~
ma~ec.
·
-Steven A. ~ndral I ,
alw~
En¢loeurea
Daniel d. Oon~ue, Glty Manager
ValerJe Leone, City Clerk
ORDINANCE NO. 96-
AN ORDINANCE AMENDING THE NEW HOPE
ZONING CODE BY ESTABLISHING
PAWN SHOPS AS A PERMITTED USE IN
THE B-4 ZONING DISTRICT
The City Council of the City of New Hope ordains:
Section 1. Section 4.132 (49) "Pawn Shops" of the New Hope
City Code is hereby added to read as follows:
(49) pawn Shops.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the day of , 1996.
Edw. J. Erickson, Mayor
Attest:
Valerte Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the day of
, 1996. )
CITY OF NEW HOPE
MEMORANDUM ..:
DATE: November 1, 1996
TO: Planning Commission Members
FROM: Kirk McDonald, Management Assistant/Community Development Coordinator
SUBJECT: Miscellaneous Issues
1. October 14 Council/EDA Meetings -At the October 14 Council/EDA meetings, the Council/EDA
took action on the following planning/development/housing issues:
A. Resolution Calling for a Public Hearing on a Housing Program and the Issuance of Multi-
Family Housing Revenue Bonds - Approved, see attached Council request. The public hearing
will be conducted on November 12.
B. Project #578, Motion Authorizing Staff to Obtain an Appraisal for Property at 2751
Lamphere Drive - Approved, see attached Council request.
C. Project #577, Motion Authorizing Staff to Submit a Bid to Purchase the Property at 5812
Boone Avenue from HUD - Approved. The appraisal was completed, however the home was
sold to a private party; therefore the City will not be rehabilitating the home.
D. Project #565, Motion Approving Quote by Angstrom Analytical, Inc. in the Amount of $240
to Perform an Asbestos Survey at 5530 Sumter Avenue - Approved, see attached Council
request. This work has been completed.
E. Project #565, Motion Approving Quote by Don Stodola Well Drilling in the Amount of $500
to Seal Well at 5530 Sumter Avenue - Approved, see attached Council request. This work has
been completed.
F. Project ~565, Motion Approving Quote by Belt Line Piping Company in the Amount of $600
to Disconnect the Sewer and Water Service at 5530 Sumter Avenue - Approved, see
attached Council request. This work has been completed.
G. Project #565, Resolution Awarding Contract to Kevitt Excavating for the Demolition of
5530 Sumter Avenue in the Amount of $5,719 - Approved, see attached Council request.
Demolition is scheduled for October 31.
H. Resolution Initiating Vacation of Utility and Drainage Easement for Sheridan Sheet Metal
Property, 4116 Quebec Avenue -Approved, see attached Council request. The public hearing
will be conducted on November 12.
I. Planning Case 96-35, Resolution Confirming and Ratifying Planning Commission
Resolution 96-1 Regarding Comments on City of Plymouth Comprehensive Plan
Amendment Approved, see attached Council request. The resolution was sent to the
Metropolitan Council and the City of Plymouth.
J. Project #545, Resolution Approving Plans and Specifications for Landscaping at 6067
West Broadway and Authorizing Staff to Obtain Quotes - Approved, see attached Council
request. The landscaping will be installed next spring, but staff wanted to have an approved plan
in place prior to the time that the house is sold.
K. Planning Case 96-34, Variance from Rear Yard Setback Requirement, 3809 Xylon Avenue -
Approved, see attached Council request. Revised plans were submitted prior to the Coun -
meeting with a revised roof pitch that was acceptable to the Building Official.
L. Planning Case 96-33, Request for Site/Building Plan Review/Approval for Parking Lot
Expansion at 580515807 Winnetka Avenue North - Approved, see attached Council request. A
Site Improvement Agreement and performance bond requirements were sent to the petitioner.
M. Ordinance #96-23, An Ordinance Amendinq the New Hope Zoning Code Classif'vin.q
Certain Property as R-5 Zoned Property - Approved, see attached Council request. Th~
rezoning is in the process of being published.
N. Presentation Regardina Proposed 1997 Sidewalk Improvement Project; Motion Directin9
the City Engineer to Prepare a Feasibility Report - Approved, Council request attached for
your information.
O. Discussion Regarding Request for Installation of Improvements Near 4757 Zealan~
Avenue - Approved, see attached Council request.
P. Ordinance #96-12/Planning Case 96-06, An Ordinance Amending New Hope Cod-,
4.036(10)(z) Reaulating Parking Requirements for Shopping Centers Approved. The
ordinanCe is in the process of being published.
Q. Ordinance ~P36-14/Planning Case 96-21, An Ordinance Amending New Hope City Code
Section 4.036(4)(hi(xv) Regulating Off-Street Parking by Re(iuirin; Perimeter Concrete
Curbing Around Off. Street Parkin.q Areas - Approved. The ordinance is in the process of being
published.
R. Project #554, Resolution Approving Plans and Specifications for Rehabilitation of Tasks
Unlimited Property at 3579/3581 Independence Avenue North and Amendment of Loan
Agreement - Approved, see attached EDA request and plans.
S. Project #505, Resolution Approving Porch Addition at 7909 51't Avenue - Approved, see
attached EDA request and plans.
2. October 26 Council Meeting - At the October 28 Council meeting, the Council took action on the
following planning/development/housing issues:
A. Project #514, Resolution Approving Agreement with Events of Distinction to Assist
with Coordination of 1997 Northwest Suburban Remodelin.q Fair - Approved, see
attached Council request. The Fair will be conducted on April 5 at the Crystal Community
Center.
B. Resolution Electing to Continue Participating in the Local Housing Incentives Account
Program Under the Metropolitan Livable Communities Act, Calendar Year 1997 -
Approved, see attached Council request.
C. Project ~563, Resolution Ordering Construction and Preparation of Final Plans and
Specifications for Car-X/Champion Auto Storm Sewer - Tabled for up to six months,
pending future development plans. See attached Council request.
D. Project #562, Motion Not to Purchase Property at 2751 Lamphere Drive - Approved, see
attached Council request for further detaiis~
E. Resolution Aporovin_(I A.qreement Between NSP and City for Installation and
Maintenance of Street Lights in Vicinity of 41,t and Jordan Avenues - Approved, see
attached Council request.
3. Codes & Standards Committee - The Committee did not meet in October. Staff is in the
process of working on the DNR Shoreland Management Ordinance and a model ordinance for
communication antennas/towers and will present this information to the Committee when a
preliminary draft ordinance and PlanneCs report are ready, These issues may not be ready for
discussion until December and staff recommends that the November 20 meeting be canceled.
Staff met with the DNR, Planner, Building Official, and City Engineer on October 22 to start work
on the Shoreland ordinance City staff and the Planning Consultant have also met twice with the
North Suburban Cable Commission and other area cities on a model communications antenna/
tower ordinance.
4. Design & Review Committee - Met in October to review plans for Bass Lake Pet Hospital. The
next regularly scheduled Design & Review meeting is November 14. The deadline for December
planning applications is November 8 and staff will notify the Committee if applications are
received that require a meeting.
5. Project Bulletin - Enclosed for your information is a copy of the recently mailed project bulletin
on 5530 Sumter Avenue.
6. 1997 Planning Commission Schedule - Enclosed as a separate sheet with your packet is the
1997 Planning Commission schedule. Please note dates for the Tuesday meetings. We do not
believe that there are any conflicts with holidays. The November meeting will be held on the first
Tuesday since there is no election scheduled at this time. Please review the schedule and let
staff know if you see any problems with the schedule.
7. Quarterly Reports Enclosed for your information are the third quarter reports for
planning/development, housing and engineering.
Attachments: Multi-Family Housing Revenue Bonds
2751 Lamphere Drive
5530 Sumter Avenue
Sheridan Sheet Metal, 4116 Quebec Avenue
Plymouth Comprehensive Plan Amendment
6067 West Broadway
1997 Sidewalk Improvement Project
4757 Zealand Avenue
3579/3581 Independence Avenue
7909 51st Avenue
1997 Northwest Suburban Remodeling Fair
Metropolitan Livable Communities Act
Car-X/Champion Auto Storm Sewer
2751 Lamphere Drive
Street Lights 41st & Jordan Avenues
Project Bulletin
3~d Quarter Reports
COUNCIL
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager Consent
Kirk McDonald ~'~ 10-14-96 Item So.
By:. Management Assistant By:.}/ 6.7
RESOLUTION CALLING FOR A PUBI~ HEARING ON A HOUSING PROGRAM AND THE
ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS
The enclosed resolution calls for a public hearing on a housing program and issuance of
housing revenue bonds with respect to the proposed acquisition and renovation of Park Acres
Apartments at 8007 Bass Lake Road. Also enclosed is a proposed Housing Program, a copy
of the Bond Counsel's October 3 letter, and the letter received from Boisclair Corporation
regarding the Tax Exempt Bond inducement request. If approved by the Council, the public
headng would be conducted at the November 12__City'~. Council meeting. The Council's
inducement action for $2.2 million in Tax Exempt Bonds to be. used for the property's
acquisition, rehabilitation and continuance of affordable housing allows the applicant to
compete for the state of Minnesota's annual bonding authority allocation pool in January 1997.
Park Acres Apartments was developed and built in 1978/79 and. is part of a larger property
ownership group that includes 110 senior housing units, 60 apartment/townhome units located
in Brooklyn Park, and 45 apartment units in Robbinsdale. All components are subsidized
under a section 8 contract that is due to expire January 1998. Park Acres contains 41
apartments and townhouses. The bond proceeds would be used for:.
Acquisition $1,765,000
Rehab $250,000
Bond Reserves $185,000
TOTAL $2,200,000
MOTION BY SECOND BY
TO:
Request for Action Page 2 10-14-96--
The funds for rehabilitation would be utilized for windows, re-siding, elevator, structural repair
and appliances.
A draft Housing Program is required to be submitted to the Metropolitan Council for review and
comment on or before the public headng. The applicant's program states that the City of New
Hope believes that a pdmary housing need of the City is rehabilitation of existing multi-family
rental housing in the City in order to prevent blight and blighting conditions and to maintain
decent, safe, and affordable housing in the City for persons of Iow and moderate income. A
method available to the City to facilitate renovation of existing multi-family rental housing is the
issuance of tax exempt bonds.
Staff recommends approval of the resolution.
oO
Daniel Donahue 1~: Tax Exempt bond inducement r~luest
cit
Ci~ of N~w Hope Park Acres Apartments
4401 Xldon Ave. North 41 ~ & Townhouses
New Hope, MN~542~ 1007 B&~ lake Road
, New Hope, MN $~425
De~r Mr. Don~ue:
Mr. lerry Cdlli~n, your city of New Hope's bond' counsel suG·steal tl~ we direct our request to
you for the City of New Hope's council inducement ~'fion for $2.2 nillion ·ex exempt bonds to
be used for the proper~s ecquisifion, r~n, md confimsne., of et'ordeble housi~ The
Ci~s inducement ~1~ ~ to compete for the sm· oflVfinnes~'s ~ bondin~ euthodty
alloc~ion pool in l~mry, lgge/.
~ Perk Acres ~ were develop~ md built in I 9q~..79 by us md is p~rt of
~ ~ proper~ ownership ~'oup Ihs· includes 110 senior housi~ 60 spmm~ownbome
units both locatM in Brookl~ Pm'k, md 45 8permbmt units in Robbinsd,de. All compo~ are
subsidized under 8 section 8 contrm:t dm is due to expire J'mum~ 1998.
The current owner, BNI~ Pruners, possess the option to renew for mother S
y~n; howm~', cun~n~ ~ 8 ~ renu ire below co~ m&-~ r~e utd therefore
is disincen~ to mfinuin ~ subsidy conu'b2.
gLimm~ Ropise ~ the ,cquir~ ~p, on ~he cxher hand, is m~uired ~o renew
Equally siS;nificant, S250,04X) rehbilh~on work muf be m:comp~ to ~n,~her
subilize d~.e propmy, gespi~ the S300,0(M rehabilh~n work done in 1991-92 the ~ilowin8
adclifionll work: is needed:
3005 OTTAWA AVE. · ST. LOUIS PARK, MN 5541~-220~ · PHONE: (612) 922-38~1 · FAX: (612) 922-3071
1) W'mdows- $80,000.00
~) ~.-~d~- ses,ooo.oo
3) Elevator- $45,000.00
4) Strdctural Repair- $3:5,000.00
$2~0,000.0
The bead proceed~ ate to be applied M t'ollow~:
Rehab Co~t - $2~0,000
Boad Reaerve~ - $18~.000
Total $2,200,000
Ia summary, we ate hopeful the Cit7 ot'~Tew l~pe d~'e~ out $o~1 to as~te ~ ¢omin,,,mce or'
direly needed ~ houain~ coupled with ¢ompletiag Park Acre~ rebabgit~'oa. Y, xeept For the
a.qw the proposed resu~urin~
We res~ request this matter be heard at yom' next scheduled, council meedn$ in October.
We would be happy to respond to any questions or requests ~or information you may have.
HOUSING PROGRAM
FOR ACQUISITION AND RENOVATION OF
PARK ACRE APARTMENTS
General
The City of New Hope (the "City") believes that a primary housing
need of the City is rehabilitation of existing multifamily rental housing in the City
in order to prevent blight and blighting conditions and to maintain decent, safe and
affordable housing in the City for persons of low and moderate income. A method
available to the City to facilitate renovation of existing multifamily rental housing is
the issuance of tax-exempt bonds under Minnesota Statutes, Chapter 462C, and
Sections 142(d) or 145, as appropriate, of the Internal Revenue Code of 1986, as
amended.
Housin~ Pro_re'am to Meet Need
A separate section of this Program contains specific information
regarding a project to be undertaken by Reprise Partners Limited Parmership, a
Minnesota limited parmership (the "Developer"), to acquire and renovate an
existing multifamily rental housing development in the City.
Monitorin~ Methods
With respect to the specific development hereinafter discussed on
behalf of the Developer, no special monitoring by the City is necessary. Proceeds of
the bonds proposed to be issued to finance the development will be held and
disbursed by a trustee bank during construction, and it is believed the oversight
exercised by the trustee bank, and any, title insurance company assisting the bank
with the disbursement of the proceeds, will be adequate to insure the development
as presented is in fact carried out.
~drninistrative Capacity. of City. to Su?ervise Pro_er'am
1~o special administrative work by the City is anticipated in connection
with the development proposed to be undertaken by the Developer. As noted
above, construction disbursements will be handled by the trustee bank for the
proposed bonds. After construction, the facility must be operated by the Developer,
in accordance with various operating covenants (relating to such thin~ as
maintenance, insurance, etc.) to be contained in a Loan Agreement to be entered
into by the City and the Developer, which Loan Agreement will be assigned by the
City to the trustee bank as security for the bondholders.
All costs incurred by the City in connection with the proposed
development will be paid by the Developer and therefore no administrative costs
will be incurred by the City. No additional staff ;viii be required by the City in
carrying out the proposed development.
General Description of the Development
The Developer proposes to acquire and renovate Park Acre Apartments
a 41-unit rental housing development located at 8007 Bass Lake Road in the City (the
"Project"). The Developer proposes that the City finance the Project by issuing
revenue bonds in an amount not to exceed $2,200,000 (the "Bonds") pursuant to the
authority of Minnesota Statutes, Section 462C.07.
The costs of the Project are anticipated to 'be as follows:
Acquisition $1,765,000
Rehabilitation 2.50,000
Bond Reserves 185.000
$2,200,000
Rehabilitation to be undertaken as part of the Project consists of the
following:
Windows $ 80,000
Residing 65,000
Elevator 45,000
Structural Repair 35,000
Appliances ~.000
$ 2.50,000
The Project consists of 16 one-bedroom apartments, 13 two-bedroom
apartments and 6 three-bedroom townhomes.
l~ond Allocation
An allocation of bonding authority is required under Section 1. 46 of the
Code in orde~ to issue the Bonds. The City intends to apply to the Minnesota
Department of Finance for an allocation of bonding authority in Ianuary 1997.
Revenue Bond Details
It is anticipated that the Bonds will be issued in the principal amount
of $2,200,000 and will mature in not more than forty (40) years following the date of
issue, the Bonds will be sold publicly if credit enhanced by FHA or FNMA or will be
privately placed with an institutional investor if not credit enhanced.
Meetin~ Needs of Low and Moderate Income Persons
Park Acre Apartments is subject to a Section 8 contract that is due to
expire in January 1998. The current owner is unlikely to renew the Section 8
contract, but the Partnership intends to obtain tax credits with respect .to the Project
and renew the contract, this will result in the maintenance of units subject to a
Section 8 subsidy in the City.
-3-
ST. THERESA
NURSING
.?
O O
N
HOSTERM~N WINNETKA
JR HIGH $GHOOL ECEM~TARY
...........
Originating Department Approved for Agenda Agenda Section
City Manager Consent
Sarah Bellefuil Item No.
B~. Community Development Specialist 6.8
MOTION AUTHORIZING STAFF TO (~AIN AN APPRAISAL
FOR
PROPERTY
AT
2751
LAMPHERE DRIVE
Last week Jean Coone, General Inspector, informed s.t. aff that the owner of the property at 2751
Lamphere Ddve ia interested in selling his property to the City. The General Inspector completed a
Code Compliance inspection of the property and found numerous code violations. The current owner
is not living in the house.
The City sent the attached letter stating that the City is interested in buying the house on voluntary
basis and that an appraisal of the site needs to be completed to determine the value of the property.
Once an appraisal is complete, the Council will determine if the City ia interested in purchasing the
property.
If the City decides to acquire the property for rehabilitation or demolition and new construction, the
following funda can be used: CDBG acquisition/scattered site houaing funds, MHFA Blighted
Residential Grant funda, and EDA funds.
The 1996 assessed value ia $94,000 ($27,0(}0 land, $87,000 building). The house was built in the
early 1900's and was an original homestead in the area. The current lot is approximately 32,500
square feet and is surrounded by single family homes on the north, east, and south, and apartments to
the west.
Staff is requesting authorization to obtain an appraisal of the property for comparison and negotiation
purposes. The estimated cost of a single family residential appraisal from BCL Appraisals is $350 and
will be paid for witll EDA fund&
Staff recommend~ apflmval of a motion authorizing staff to obtain an appraisal of 2751 Lamphere
Ddve.
MOTION BY SECOND BY
TO:
RFA-00! ~
COUNCIL
REQUF~T FOR ACTION
Originating Department Approved for Agenda ,~enda SecUon
City Manager Consent
Sarah Bellefuil i~'~ 10-14-96 [tm ~ro.
By:. Community Development Specialist By:.~// 6.10
MOTION APPROVING QUOTE BY AIg/GSTROM ANALYTICAL, INC. IN THE AMOUNT OF
$240.00 TO PERFORM AN ASBESTOS SURVEY AT 5530 SUMTER AVENUE NORTH
(IMPROVEMENT PROJECT NO. 565)
The City of New Hope requested bids for an asbestos survey of the City owned property at
5530 Sumter Avenue North. In response, the City received the following quotes:
FIRM QUOTE
(NOTE: Each quote is based on 10 samples being taken; and may
increase/decrease depending on the condition of the house.)
Angstrom Analytical, Inc. $240.00
($100.0 for survey)
($14.00 per sample x 10 = $140.00)
Braun Intertec Corp. $599.00
($379.00 for survey)
$22.00 per sample x 10 = $220.00)
Environmental Property Audits, Inc. $435.00
($150.00 for survey)
($18.50 per sample x 10 = $185.00)
(Report Summar/= $100.00)
MOTION BY SECOND BY
TO:
Request for Action Page 2 10-14-96
The Minnesota Pollution Control Agency and the National Emission Standard for Hazardous
Air Pollutants requires that all asbestos containing materials be removed from a building prior
to demolition. Due to the age of the house, staff feels that an asbestos survey is necessary
before the house is demolished. The survey will determine if there is asbestos in the house
and if or how it should to be removed.
Staff recommends awarding the bid to the Iow bidder, Angstrom Analytical, Inc., for an
estimated amount of $240.00. Angstrom Analytical has completed surveys for several cities in
the area and has had favorable recommendations. Angstrom Analytical also completed a
survey for other City owned properties located at 6067 W. Broadway, 5559 Sumter, and 7621
Bass Lake Road. The survey will be paid for with scattered site housing, EDA, or CDBG
funds.
Staff recommends approval of the motion. ..
COUNCIL
REQUEST FOR ACTION
originating Department Approved for Agenda Agenda Section
City Manager Consent
10-14-96
Sarah Bellefuil Item
By:. Community Development Specialist By:. 6. [
MOTION APPROVING QUOTE BY DON STODOLA WELL DRILLING IN THE AMOUNT OF
$500.00 TO SEAL WELL AT 5530 SUMTER AVENUE NORTH (IMPROVEMENT PROJECT
NO. 565)
The City purchased 5530 Sumter Avenue North from Douglas Hodgeman in August 1996 for
$72,000. Due to its condition and location, staff recommends that the one-story house
currently located on the site be demolished and the site filled. After the property has been
filled, the City will land bank the site for future development. Because of the demolition that
will occur, a well on the property must be sealed. The cost to seal the well will be paid for with
CDBG, TIF or EDA funds.
Prior to the property being demolished, the well must to be sealed. Staff obtained quotes from
the following firms to seal the well at 5530 Sumter Avenue North:
FIRM QUOTE
E.H. Renner & Sons $531.00
Don Stodola Well Ddlling $500.00
Staff recommends approval of a motion to accept the Iow quote from Don Stodola Well Ddlling
in the amount of $500.00 to seal well at 5530 Sumter Avenue North.
MOTION BY SECOND BY
TO:
COUNCIL
Or~tnattng Depaxtment Apprt~ved for Agenda Agenda Section
City Manager Consent
10-14-96
Kirk McDonald Item No.
By:. Management Assistant By:. 6. t 2
MOTION APPROVING QUOTE BY B/ELT LINE PIPING COMPANY IN THE AMOUNT OF
$600.00 TO DISCONNECT THE SEWER AND WATER SERVICE AT 5530 SUMTER
AVENUE NORTH (IMPROVEMENT PROJECT NO. 565)
5530 Sumter Avenue North was purchased from Douglas Hodgeman for $72,000 in August
1996. Due to its deteriorated condition and location, staff recommends that the one-story
house currently located on the site be demolished and the site filled. After the property has
been filled, the City will land bank the site for future development. Because of the demolition
that will occur, staff is recommending cutting and capping the sewer and water at the property
line. Sewer and water will be reconnected when the property is redeveloped. The sewer and
water cut-off will be paid for with CDBG, TIF or EDA funds.
Staff received two quotes from the following firms to cut and cap the sewer and water at the
property line. The quotes include the following:
Belt Line Piping Company $600.00
Pete's Water & Sewer, Inc. $700.00
Staff recommends approval of the motion to accept the Iow quote from Belt Line Piping
Company in the amount of $600.00 to disconnect sewer and water at 5530 Sumter Avenue
North.
MOTION BY SECOND
TO:
COlJNCII,
REQUEST FOR ACTION
Orig/nattr~ Depa~Lment Approved for Agenda ~genda Section
City Manager Consent
'~ 10-14-96
Item
No.
Sarah Bellefuii
By:. Community Development Specialist By:. ~/ 6. t 3
/
RESOLUTION AWARDING CONTRACT FOR THE DEMOLITION OF 5530 SUMTER
AVENUE NORTH (IMPROVEMENT PROJECT NO. 565)
The enclosed resolution approves the demolition of 5530 Sumter Avenue North. The City
pumhased the property in August 1996 from Douglas Hodgeman for $72,000. Due to its
deteriorated condition and location, staff recommend that the house be demolished and the
site filled. After the property has been filled, the City will land bank the site for future
development. CDBG, EDA, TIF or Scattered Site Housing funds will be used to demolish the
house and garage, and remove a large willow tree located on the property.
The City ie trying to fast-track this demolition due to vandalism that hae occurred at the
site. Quotee are currently being sought and they will be presented to the Council with a
revised request and completed resolution on Monday prior to the start of the Council
meeting.
The attached specifications were sent to demolition contractors. In response, the City received
quotes from the following firms:
FIRM QUOTE
Staff recommends approval of the resolution awarding for the demolition
of 5530 Sumter Avenue North in the amount of $ . Once approved, staff will proceed
with the demolition of the house, garage, and the removal of a large willow tree located on the
property.
MOTION BY SECOND BY
TO:
TY ~OAO
ST. RAPH El,.
· :TKA CATHOLIC,
oo- ~ ~i - eROVE ....
o
cou~cm
REQUEST FOR ACTION
Orlgma~ Department Apprvved for ACenda Age=qda Section
City Manager Consent
10-14-96
Kirk McDonald
By:. Management Assistant
RESOLUTION INITIATING VACATIOI~ OF UTILITY AND DRAINAGE EASEMENT FOR
SHERIDAN SHEET METAL PROPERTY, 4116 QUEBEC AVENUE NORTH
Sheddan Sheet Metal, 4116 Quebec Avenue North, has submitted a formal request to vacate
a portion of a ten (10) foot wide drainage and utility easement along the northern boundary of
their property because they have discovered' that their existing industrial building encroaches
onto part of the easement. The building encroaching onto the easement was constructed
before the platting of the property, therefore an error was made in the platting process. The
petitioner requires the easement vacation to enable it to secure refinancing of a loan and
mortgage currently against the property to correct the prior platting mistake and to facilitate
any future sale of the property.
A public hearing is necessary to determine if it would be in the best interest of the City to
vacate said easement. The City Attorney has prepared the enclosed resolution setting a public
headng date of November 1't~Z.1996, for the Council to consider if it would vacate said
easement and the resolution also initiates the vacation proceeding.
Staff recommends approval of the resolution.
MOTION BY , SECOND BY ,
September 27, 1996
20685-JG
Kirk McDonald
Community Development Coordinator
City of New Hope
City Hall
4401 Xylon Avenue North
New Hope, MN $$428
Re: Sheridan Sheet Me~al/4108 Limited Partnership
Dear Mr. McDonald:
As you know, Sis law firm repre~nts Sheridan Sheet Metal Company ('Sheridan
Sheet Metal") and 4108 Limited Partnership (-4108'), mn entity related to Sheridan Sheet
Metal and operated by Sheridan Sheet Metal's majority shareholders, 4108 was established,
among other rea.sons, for tl~ ~ of owning and operating the bui]d|ns in which
Sheridan Sheet Metal conducts bhsiness located at 4116 Quebec Avenue North in New
Hope (the 'Fremises"). As we discussed during our recent telephone conversation, becausc
there is no special City form, this letter constitutes 4108,s petition for vacatinj pan of a
public utility casemcnt which mm thruu~,h the existing building. The legal description of
thc Premises is contained on tl~ survey of the property which I enclose for your review.
The legal description fo~ the portion of the easement which we are requesting be vacated
is as follows:
~ easterly 105.04 feet of the westerly 271.71 feet of that part
of the 10.00 [oot drainage and utility easement as dedicated
alon{ the north line of Lot 1, Block 1, GRAVING ACRP~,
accordins to the recorded plat thereof, Hennepin County,
Minnesota.
The easement vacation my client is requesting is 10' from the north property line and
extending just past the length of the building on the east and the west. I 'enclose a part of
E~hibit A
September 27, 1996
Page 2 ,~--~
thc survey which highlights the proposed e~ement vacation.
HISTOItY OF PROPERTY
The existing building on thc Premises w~ constructed in 1957 and improved in
approximately 1960. Subsequen0y, a plat was filed in November 1980 containing, pursuant
to a city ordinance, a ten foot drayage nnd utility ea~ment around the perimeter of the
Premises rurming in favor of the City of New Hope. The preliminary plat, which preceded
the final approved plat, likely contained a sketch of the buildings on the Premises.
Evidently, the final plat, which was approved by the City o! New Hope, and which likely
illusu'ated the ten foot drainage n~d utility easement around the perimeter of the l~'emises,
did not contai~ the location of tho building. Despite the existence of the building, the plat
was approved with · portion of the City's e~ement mn.nlng dh'ectly through the building.
4108 has been informed by City Staff that there is no water, sewer or storm sewer located
within that particular e~ement.
' 4108 and Sheridan Sheet Metal, having been good, taxpaying corporate citizens for
a number of years, respectfiffiy request the City of New Hope t.O vacate the portion of the
drainage and utility easement along the north property line to correct the prcviou$ platting
mistake. Moreover, the vacation of the easement will satisfy certain objections made by
mortgagees of the Premises and will prevent any objections made by a potential buyer in
the event 4,108.decides to sell the Premises in the future. All other porti'ons of the drainage
and utility easement will remain Intact for use by the City, I enclose a check for $200 as the
required fee for this application, Plea~ let me know when the public heastng will be held
on this matter. If you have any questions or need more information, please feel free to
contact me.
Ver~ trub. yout~
$IEOEL, BRILL~ GREUPI~'~ & DUFFY. P.A.
JAY/caw
Enclosures
cc:. Joe Deuhs, Esq.
Greg Johnson
COUNCIL
REQ T FOR ACTION
Or/glna~ DepaxLment Approved for Agenda Agenda Se~'tton
City Manager
Kirk McDonald ~'~ 10-14-96 Item
~ Management Assistant By:./J ~ [~
PLANNING CASE 96-35, RESOLUTIO~)//CONFIRMING AND RATIFYING PLANNING COMMISSION
RESOLUTION 96-! REC-.-.-.-.-.-.-.-.-~RDING CONIMENTS ON CITY OF PLYMOUTH COMPREHENSIVE PLAN
AMENDMENT
The City of Plymouth has requested Metropolitan Council approval of a Comprehensive Plan Amendment
to re-guide a 5.76 acre parcel located at the southwest quadrant of Highway 169 and Schmidt Lake
Road/49~ Avenue from CL, Limited Commercial, to CS, Commercial Service, to facilitate a development
including a convenience store with gas, a sit-down restaurant, and an auto sendce center. In accordance
with the Metropolitan Council's guidelines for reviewing local Comprehensive Plan Amendments, the
Metropolitan Council requires adjacent cities which may be potentially affected by the proposed
amendments to be notified. The purpose of this notification is to provide potentially affected communities
the oooortunity to review and comment on the effects of the I;~rol;msed amendments: and comments
received will be considered by the Metropolitan Council as advisory. (The City has reviewed similar plan
amendments for Plymouth and Crystal in the past)
City staff, City Engineer, ami the Planning Consultant have reviewed the plan amendment and formulated
the attached comments on the Plymouth Comprehensive Plan Amendment. The comments state that the
a_mendment would change the commercial orientation of the oarcel to a more consumer service retail site.
However, because the general nature of the use would remain commercial, the City d~es not anticipate
any impacts related to the general commercial use of the property beyond what would be anticipated if
the parcel developed under the current zoning. Two s~ is.~.m~ addressed in the resolution as
conditione of approval include:
1. Landsoaoin~- ~ must be made for adequate screening and buffering of the proposed use
from the singl~,~am~t rasidenlial uses south of 49~ Avenue in New Hope.
MOTION BY SECOND BY
TO:
Request for Action Page 2 10-14-96
2. Traffic - a capacity and queuing analysis be completed by the City of Plymouth or the Minnesota
Department of Transportation to determine if the future traffic signal at Highway 169 will cause
conflicts with the frontage road in New Hope east of Highway 169 and to determine if lane
modifications and additional striping may be required.
These recommendations were considered and approved by the Planning Commission at their October 1
meeting. The Commission recommended that the City Council consider adopting the comments/
recommendations contained in the attached resolution and forwarding the resolution to the Metropolitan
Council and the City of Plymouth. The attached resolution confirms and ratifies the Planning Commission
recommendations and authorizes its submittal to the Metropolitan Council and the City of Plymouth.
Staff recommends approval of the resolution.
CITY OF NEW HOPE
RESOLUTION NO. 96-
RESOLUTION CONFIRMING AND RATIFYING
PLANNING COMMISSION RESOLUTION 96-1
REGARDING COMMENTS ON CITY OF PLYMOUTH
COMPREHENSIVE PLAN AMENDMENT
WHEREAS, on August 7, 1996, the Plymouth City Council granted preliminary approval of a
Comprehensive Plan Amendment to re-guide a 5.76 acre parcel located at the
southwest quadrant of Highway 169 and Schmidt Lake Road/49"~ Avenue from CL,
Limited Commercial, to CS, Commercial Service, to facilitate a development including
a convenience store with gas, a sit-down restaurant, and an auto service center, and
authodzad submission of the amendment to the Metropolitan Council and adjacent
communities; and
WHEREAS, adjacent communities and governmental IJnits. have the opportunity to comment on.the
amendment and all comments will be considered by the Metropolitan Council as
advisory; and
WHEREAS, the City of New Hope desires to submit comments on the amendment; and
WHEREAS, the New Hope City staff, City Engineer, the Planning Consultant, and the Codes &
Standards Committee of the New Hope Planning Commission have reviewed the
amendment and formulated comments regarding the amendment, and these
comments were reviewed by the entire Planning Commission at their regularly
scheduled meeting on October 1, 1996, and the comments were adopted by the
Commission in resolution format; and
WHEREAS, said resolution is affached hereto as "Exhibit A'; and
WHEREAS, the City Council of the City of New Hope reviewed said resolution at the October 14,
1996, Council meeting and concurred with the comments/recommendations in the
resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope hereby adopts
and ratifies the recommendations of the Planning Commission contained in the
attached resolution and authorizes submission of this resolution to the Metropolitan
Council and the City of Plymouth.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 14th day of
October, 1996.
Mayor
Affest:
City Clerk
COUNCH.
REgUEST l OR ACtiON
Originating Depa~ ~ent Approved for Agenda Agenda Section
City Manager consent
10-14-96
Kirk McDonald Item No.
l~. Management Assistant ay:. 6. t6
RESOLUTION APPROVING PLANS/AND SPECIFICATIONS FOR LANDSCAPING AT 6067
WEST BROADWAY AND AUTHORIZING STAFF TO OBTAIN QUOTES (IMPROVEMENT
PROJECT NO. 545)
The enclosed resolution approves plans and specifications for landscaping at 6067 West
Broadway. The City purchased the property in October 1995 from HUD for $41,400 using
CDBG acquisition/scattered site housing funds. The one bedroom house that was on the site
was demolished and a new three bedroom single family home is currently being built on the
site. Construction is scheduled for completion at the end of November. Due to the completion
schedule, landscaping will not be completed until the spdng.
The City Forester developed the enclosed landscaping plan. The plan incorporates both new
and existing landscaping. The City Forester has also prepared a cost estimate of $3,337.50 for
the landscaping and sod. The cost will be recouped through the sale of the property to a first-
time home buyer.
Although landscaping will not occur until the spring due to the construction schedule of the
project, staff would like to obtain quotes to landscape and sod the property at this time. Since
this project was initiated, it has been the City's intent to provide landscaping and sod the site
once construction is complete. The home will be sold prior to the time the landscaping is
installed, but an escrow amount will be held or an agreement executed at the closing to insure
installation of the landscaping
The enclosed resolution approves the plans and specifications for landscaping at 6067 West
Broadway and staff recommends approval of the resolution.
MOTION BY SECOND BY ....
TO:
COUNCIL
REQUEST FOR ACTION
Orlgtna~ Depa,'l~,ent Approved for Agenda Ageada SecUon
Public Works 9-23-96 Development & Planning
Item No.
Jeannine Clancy Bjr: 8.3
PRESENTATION REGARDING PRO/POSED 1997 SIDEWALK IMPROVEMENT PROJECT;
MOTION DIRECTING THE CITY ENGINEER TO PREPARE A FEASIBILITY REPORT
Public Works staff and the City Engineer have been gathering data and discussing potential
areas for a 1997 Sidewalk Improvement Project. Staff and the Engineer have completed a
sidewalk inspection and inventory throughout the city. Approximately 5,800 lineal feet (29,000
square feet) of sidewalk need repair. In addition, numerous sidewalk ramps and concrete curbs
do not comply with the Americans with Disabilities Act. The City Engineer has prepared a
memorandum regarding the sidewalk inventory and has been asked to present this information
to the City Council on Monday evening.
As a result of this inventory and inspection, Public Works staff temporarily repaired the
sidewalks with asphalt to alleviate tripping hazards, and hes replaced many sections throughout
the city. However, the amount of work that needs to be done cannot be accomplished entirely
by Public Works staff.
Staff is recommending that a feasibility report be prepared which would identify the scope of the
project, the cost, and the funding. Since a large portion of the sidewalks are located on State
Aid Streets, much of the work could be financed by State Aid Revenues. In addition, the city
has received preliminary approval to fund the replacement of the pedestrian raml:m with
Community Development Block Grant funde. Staff does not recommend that the cost of the
project be as~sed to adjacent property ownem.
Staff requests that the following motion be made: "Motion directing the City Engineer to prepare
a feasibility report for the 1997 Sidewalk Improvement Project.'
MOTION BY , , SECOND BY
TO: ,
Engineers & Architects
TO: Seannine Clancy
FROM: Mark Hanson
SUBJECT: Sidewaik Repair
Our File No. 34=Gen : :
In conjunction with Public Works, an inventory of sidewalk repairs was done throughout the entire
city late this summer. The attached table identifies the number of panels (5' x 5' = 25 sq. ft.) needing
repair on each roadway. The attached list identifies approximately 5,800 lineal feet of sidewalk
needing t~air (29,000 sq. ft). In addition, numerous sidewalk ramps at coocrem oubs don't comply
with today's design standards. Throughout the summer, Public Works staff has been making
sidewalk repairs as time permits. However, the quantity of work greatly exceeds the manpower if
the repairs am to be made in a timely manner. In addition, many of the sidewalks exist along State
Aid roads where State Aid funds can be used to finance the repairs.
In summary, as we've discussed, it is recommended the City consider Contra~ng out some of this
work--especially the work located along State Aid roads and sidewalk ramps at concrete curbs. It
is recommended a Feasibility Report be prepared specifically identifying the work, cost, and
financing. The estimated construction cost is $100,000 to $150,000, dependent on the sidewalk
repairs required. The report would be completed this fall such that th~ work. if approved, would be
constructed in 1997. -
2335 ~Vest Highway 36 · St. Paul, MN 55113-3898 · 612-636-4600
COUNCIL
REQUF~T FOR ACTION
Originating Department Approved for Agenda Agenda Section
Public Works~ 10114/96 Petitions & Requests
Jeannine Clancy ~// Item No.
DISCUSSION REGARDING THE RE(~UEST FOR INSTALLATION OF IMPROVEMENTS
NEAR 4757 ZEALANO AVENUE NORTH
Staff has received a request for installation of sidewalk and hamer between the Zealand
Avenue cul de sac and the Cooper High School parking lot from Mr. Frode Jespersen, 4757
Zealand Avenue North.
After reviewing the site conditions and meeting with Mr. Jespersen, staff recommends that a
sidewalk be constructed between the Zealand Avenue cul de sac and the Cooper High School
parking lot. Staff will also remove and replace the dead pine trees that were intended to serve
as a barrier in this location. This work will be completed by Public Worka staff. Finally, staff will
monitor thia area and may place large land"cape rocka to a~siat in preventing traffic from
moving through the land.caped area, if it ia warranted.
Staff requests approval of the sidewalk plan.
MOTION BY , , SECOND BY
TO:
AssoCiates
Engineers & Architects
DATE: October 7, 1996
TO: Jeannine Clancy
FROM: Mark Hanson
SUBJECT: Cooper High School
Zealand Avenue Cul-de-sac/Sidewalk
City Project No. 527
Our File No. 34137
The property owner (lesperson) at the end of the Zealand Avenue cul-de-sac (4757 Zealand Avenue)
is requesting that the ~idewalk be extended from the existing sidewalk directly to the cul-de-sac
(noted on the attached drawing). At the time the project was constructed, the sidewalk was
purposely not extended to the cul-de-sac for fear cats would cross over the sidewalk to Cooper's
parking lot from the cul-de-sac.
Based on our conversation, it is recommended that the sidewalk be extended including a handicap
ramp at the cul-de-sac as requested by the property owner. It is fur&et recommended that the
condition be monitored, and in the event cars begin to cross over the sidewalk (between the parking
lot and the cul-de-sac), large landscape rocks be placed on eithet side of the sidewalk preventing the
flow of traffic through this area. ,aa we discussed, the sidewalk extension would be constructed by
public works this fall
2335 g~/est Highway 36 · St. Paul, MN S5113-3898 · 612-636-4600
HOUSE. ~ "
2 I ~ CC OPER
HILLS
i --
I 81dew&lk
I Exteneion
Bonestroo
SIDEWALK EXTENSION ~
Rosene
Anderlik &
NEW HOPE, MINNESOTA FIGURE A Associates
COOPER HIGH SCHOOL
CITY PROJECT No. 527
K: ~34~34174~34174F'OS.DWG 7 OCT. 96 COMM. 34174.
4~01 Xylon Avenue No~ City Hall: 612.531-5100 City Hall Fax: 612.531.5~36
New Ho~e, Minnesota 55428.4898 Police: 612-531.5170 Police Fax: 512.531-5174
Public works: 612-533-4823 Public Wo~s Fax: 6t2.533.7650
TDO: 612.531.$I0g F~re O~'t. Fax: 612.531.5175
August 22, 1996
Mr. Frod~ Se~cm'sen
4757 Zaaland Avemm North
New Hope, MN 55425
Dear Mr. Jespersen:
Thank you for your letter of August 12, 1996. I have forwarded the information to Paul
Sobania, the Project En~neer on the Cooper High School project, who will review the
problem and develop & recommendation. Paul will contact you in the neat future to
discuss what you would like to see accomplished.
Once Paul has developed a recommendation, it will be considered by the City Council. if
you have any questions please feel free to contact me at 533-4823 ext. 16.
Sincerely,
Di~or of ~lic W~ ~
CiW ofN~ H~
cc: Mark Hanson, City Engineer
~P~ul Sobania, Project Engineer
Family Styled City ,~~" For Family Living
J#nnlne Clmncy
PubliC Works Director
City of New Hope
4401 Xylon Ave N
New Holm, MN. 56428
Deer Ms Clancy,
I live at 4757 Zealand Ave No in New Hope. As I am sure you am aware,
Z#Mnd Ave now ends in a cul-de-Sac in front of my house. A sidewalk was
instMled last year from 49th Ave, around the cul-de-sac, and continuing on to
4Tth Ave. The problem I~ that not very many people use the sid4walk around the
cul-de-Sac, but cut scro~s the GUI-cie-Sac, across the sod and then on to the
sidewalk. Photograph frl Illustrattl thi~ rather ~leerly. Thoro la virtually no sod
between the curb and the sidewalk, nor will them ever be because of the trifR(:.
I believe that the sidewalk should be extended so that it reeGh# the Gurb. I
dofl~ know of any other solution, last winter, the sidewalk snowplow driver had
to Plow from the curb to the sidewalk so that small children could gat to New
Hope Elementlry. Othenvile, they would have had to climb I huge snowplle or
walk all the way back to #th Ave to git on the sldewsllc
Photogreph J2 illulbltl~ another problem. Youngsters in bicycles ride
scroll the end of my driveway to get to the sidewalk. Obviously, it wont be very
long before thom le no taxi In that ares either.
There I~ also the problem of people driving their care scre41 the sod, from
the end of the Guide-sac to the road in front of the high school pawing lot. I don1
know how sites thin hal)l)Mm, but it occurs now and thin Is I hive seen tire
trivia along the SM~NSlIt, and I have witnessed a few of them.
hid It bi polllble IX) Instill s hnce, or some other ~Mt of birder, from
my lot Rrm to the Ildewllk? There Ire 6 pine tries planted there now, and I would
hope thy Id il soft M · birder. Thy w~re planted this spring, and at least 2 of
thin] ire dead now and I don~ know if they will be replaced. Perhaps someone in
your deparlment wouM haw · Grestfve idea as how to solve the problem.
I wouM apprKlate any help you Gould give me with mia situation.
,H, I
RF, UF T FOR ACTION
~tmg Departmeat Approved for Ageada Ageada Sect/on
City Manager EDA
_.--. 10-14-96
Sarah Beilefuil [,J [tern No.
~r: Community Development Specialist By:.// ~,
RESOLUTION APPROVING PLANS AI~ SPECIFICATIONS FOR REHABILITATION OF TASKS
UNLIMITED PROPERTY AT 3579/3581 'INDEPENDENCE AVENUE NORTH AND AMENDMENT OF
LOAN AGREEMENT (IMPROVEMENT PROJECT NO. 554)
At the September 9 New Hope Economic Development Authority meeting, the EDA approved a loan to
Tasks Unlimited Lodges to purchase 357913581 Independence Avenue North. Tasks Unlimited closed
on the property on September 20 and would like to remodel the building dudng the next few months.
Tasks Unlimited will move clients into the site in December. During the October 14 EDA meeting, staff
will present the architectural drawings of the proposed remodeling of the building. The plans are
attached for your review.
The twin home located at 357913581 Independence was built in 1981. Currently each unit has 1,440
square feet of living space including three bedrooms, two bathrooms, a kitchen, dining room, living
room, laundry room, and two-car attached garage. Because residents of the twin home do not own
cars, Tasks Unlimited would like to convert the northern garage into a recreation room. Changes to the
northern garage include placing a bay window where the garage door was and installing a sliding glass
door and closet at the west wall of the recreation room. The southem garage will remain to house a
single van which is used to take residents to work, shopping, etc. The southem garage door will be
extended four feet to accommodate a large van. Additional changes include converting an old den
located in the lower level of each house into additional bedrooms and building a hall in the southern
garage to link the two units. No changes will be made to the upper levels of the twin home.
The. New Hope Building Official reviewed the plans and stated that one problem with the proposed
remodeling is the loss of the garage on the northern unit. This is a problem because a single car
garage is required for all housing units in the City. Staff feels that the requirement can be met because
MOTION BY , SECOND
Request for Action Page 2 10-14-96
the two-car garage on the southern unit will remain. In addition, .an amendment to the agreement
between Tasks Unlimited and the City will include the requirement that the northern garage must
converted back to a two-car garage if the property is sold. A second requirement will be that
maximum of two vehicles will be allowed to park overnight on the site while the property is owned by
Tasks Unlimited.
The Building Official is also requesting additional information, including the following, Which Tasks
Unlimited has agreed to provide.
· New bedroom escape window sizes.
· A 1½ hour rated door assembly at the property line door linking the units. The door should have an
electdc 'hold-open" assembly that is connected to the smoke detectors in each unit.
· The new extedor materials such as siding, bdck, and shingles, should match the existing exterior
materials.
The City Attomey has prepared the enclosed resolution approVing the plans and specifications for the
remodeling and to amend the loan agreement.
Staff recommend approval of the resolution.
,/
NORTt
P~
: 36 TH AVl N.
..~?
· - 3~4t '
~ TN
~ ~ ~l~ ~ ELEMEN
~ ~ ~ ~ SCHOOl.
~4 TH AVE
VALLg
/
Origtnatm~ Depm~t Approved for Agenda Agenda Sectton
City Manager EDA
10-14-96
Sarah Bellefuil ~ Item No.
Bye. ommunity Development Specialist By:.Di/~O 5
RESOLUTION APPROVING PORCH AD N AT 7909 51s~ AVENUE NORTH (IMPROVEMENT
PROJECT #505)
In 1995 the City began construction of a handicap accessible twin home at a City owned property located
at the comer of 51" and Winnetka Avenue North. In August.1995 the City sold one twin home unit located
at 7909 51= Avenue North to Jeff Bangsberg. The City sold 7901 51= Avenue North to Carey Luckeroth in
October 1995. As part of the sale of the twin home units, the EDA recorded a Declaration of Covenants
against both properties. One of the requirements of the Covenants is that the EDA must approve in
writing any modification made to the building. In addition, both the EDA and the owner of the other unit
must approve in writing any changes to the building exterior, party wall, and/or party fence.
In September, Mr. Bangsberg approached staff for permission to build a four season porch to the rear of
his hall of the twin home. The proposed addition would alter the exterior of the twin home and would
include changes to the party wall and party fence common to both units. A cement slab k~ footings is
already located at the rear of the property and the four season porch would be constructed on the
footings.
City staff met with Mr. Bangsberg and Ms. Luckeroth on September 27. At that time the proposed addition
was discussed and staff asked Ms. Luckeroth if she approved the addition. Ms. Luckeroth stated, that she
did not object to the addition and signed a "Consent to Porch Addition at 7909 51= Avenue North" which
was prepared by the City Attorney (see Exhibit B). Staff also asked Ms. Luckeroth if she was interested in
building a porch at the same time as Mr. Bangsberg. She stated that she did not want to build one at the
present time but might consider it at a later date.
Also dudng the meeting, City staff asked about the materials that would be used for the construction. In
response, Mr. Bangsberg stated that the four season porch would have the same mated=Is, color
scheme, and window sizes as the current structure. The addition will be built on the odginal 10' x 12' slab
and will be 120 square feet in size. A new 10' x 12' cement slab will also be placed directly west of the
odginal foundation.
Staff recommends approval of the resolution approving th~ porch addition at 7909 51= Avenue North.
MOTION BY SECOND BY
TO:
Review: Admintst~t~n: , Flnar, ce:
mn --
MEMORANDUM
DATE: October 9, 1996
TO: City of New Hope
FROM: T. Serf Banssher$
RE: 7909 - 51st Avenue Noah
As required by the Declaration of Covenants, I am requesting your approval to construct a four-season
porch on the south Side of the twinhome umt at 7909 - 51 st Avenue, North. As you may recall I
obtained approval to install a foundation with heat ducts and insulation for a future four-season porch in
March of 1995. This was done upon completion of home construction (August 1995).
.Az required by the Declaration of Covenants, I have obtained permission for this project from my
neighbor, Carey Luckeroth, at 7901 - $1st Avenue, North. In addition, I have submitted the attached
design plans to the Inspections Department.
I was requested by City staff to submit to you in writing the foHowin$ assurances:
· The tbur-season porch will have the same exterior color scheme and type of roofing, soffits, faschia
and siding as the existing structure.
· The four-season porch will have the same windows with the same height as all windows in the
existm$ structure (The attached design shows longer windows than are planned.)
· The structure will have tongue-m-groove interior, a vaulted ceilin8 and two skylights.
· As shown in the plan, the party wall is in compliance with City stipulations.
· The party wall will include one-hour, ~'e-rated construction, 5/8' ~re code sheetrock, and 1/2"
· As required, I will obtain the proper buildin8 permits upon approval to proceed.
Your consideration and approval of this plan will be greatly appreciated.
Thank you.
COUNCIL
RF IIEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager Consent
Kirk McDonaldBy:.,~'//~T~I 0-28-96 Item No.
By:. Management Assistant · 6..5
RESOLUTION APPROVING AGREEM WITH EVENTS OF DISTINCTION TO ASSIST WITH
COORDINATION OF 1997 NORTHWEST SUBURBAN REMODELING FAIR (IMPROVEMENT PROJECT
NO. 514
The five CO-OP Northwest Cities (New Hope, Crystal, Robbinsdale, Brooklyn Center and Brooklyn Park)
again desire to join together with Northwest Hennepln Human Services to sponsor our annual "Remodeling
Fair" to encourage .homeownem/residants to upgrade/remodel existing homes in our cities. The-1994,
1995, and 1996 Remodeling Faire were very successful with 70 exhibitom and approximately 2,000
attendees. This year the Fair is scheduled to be held on Saturday, April 5, and will be moved back to the
Crystal Community Center on Douglas Drive. The objectives of the NW Suburban Remodeling Fairs are to
provide homeownem with: 1) remodeling ideas/techniques; 2) advice on working with remodeling
professionals; 3) information on City requirements; 4) financing alternatives/programs by local banks; and
5) examples of interesting remodeling projects. The Remodeling Fair will include exhibits provided by
professionals in the field of remodeling and home impmvemenl~ and workshopa that provide
information/advice on various remodeling and home improvement toflic~. The Police, Fire and Building
Inspections Departments from the five cities will also have informational booths at the Fair.
Staff from the five cities will be responsible for a majority of the taaJ~ associated with the Fair including
exhibitor registratiort/confirmafiorVtx)oth assignment, marketing, facility set-up, and refreshments. The five
cities again desire to hire a cormultant to assist with the planning/scheduling of workshope and the
solicitation/procurement of door prizee from exhibitom. Staff from the five ~ desire to enter into an
agreement with Events of Distinction, the same consultant that has been used the last several years, for
these services. Events of Distinction has submitted a quote in an amount not to exceed $2,000 to perform
these tasks (same amount as 1996). This firm does an excellent job coordinating with the cities on the Fair
and their price is cormidembly ~ than quotes submitted by other consultants in prior years.
MOTION BY SECOND BY
TO:
Request for Action Page 2 10-28-96
New Hope is again coordinating the registration for the Fair and the receipt/disbursement of revenues/
expenses for the Fai~, therefore, this agreement-needs to be approved by New Hope even though it is
addressed to Crystal. It is anticipated that there will be no cost to the cities to host the Fair, as the income
derived from the sale of booths for exhibits pays for advertising and consultant expenses.
The enclosed resolution approves the Letter of Agreement with Events of Distinction to assist with the
coordination of the 1997 Northwest Suburban Remodeling Fair and staff recommends approval of the
resolution.
ltF.~~T FOR ACI'ION
~tin~ Depa~...ent Approved for A~enda ,~nda Section
City Manager ' Consent
Sarah Bellefuil
By:. Community Development Specialist B~.,/'/ 6.6
RESOLUTION ELECTING TO CON'I~INUE PARTICIPATING IN THE LOCAL HOUSING
INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE
COMMUNITIES ACT, CALENDAR YEAR 1997
At the September 25, 1995, New Hope City Council meeting, the City Council approved a
resolution electing to participate in the Local Housing Incentives Account program under the
Metropolitan Livable Communities Act for calendar year 1996. The Metropolitan Livable
Communities act was originally passed in 1995 by the State Legislature. The Act establishes
the Metropolitan Livable Communities Fund which provides funding for local economic
revitalization and affordable housing initiatives.
In order to continue participating in the Local Housing Incentives Account program in 1997, the
City must pass the attached resolution. Passage of the resolution would allow New Hope the
opportunity to apply for funding from three accounts including:
· The Tax Base Revitilazation Account- Provides grants for polluted site cleanup.
· The Livable Communities Demonstration Account- Designed to fund a vadety of
community development projects through loans or grants.
· The Local Housing Incentives Account- Provides grants to help cities work toward
affordable and life cycle housing goals through a voluntary program.
The attached resolution addresses the City's desire to participate in the Metropolitan Livable
Communities Act and be eligible for funds through the Metropolitan Livable Communities
Fund.
Staff recommends approval of the resolution.
MOTION BY SECOND BY
TO:
Review: ,a~4m~lstratlon: Finance:
COUNCIL
REQUEST FOR ACTION
Or~~ D~-'1~'m~t ~p~ for ~
'C~ M~n~er Public He~dn~
10-2~
~ Mc~nald It~ No.
~ Management Assis~N ~ 7.
RESOLUTION ORDERING CONS~UC+ION OF IMPRO~ME~ PROJECT NO. 563 AND
PREPA~TION OF FI~ P~S AND SPEClFICA~ONS (C~-~C~PION AUTO STORM
S~R)
~is is ~e public head~ on ~e pm~ Car-~Cham~ ~o ~t~ ~er Improvements
(Improveme~ Proj~ No. ~3). ~e C~ Coun~l es~blish~ ~e date f~ ~is ~blic ~adng at the
Septem~r 2~ Coun~l m~fi~. ~dal nofi~ of ~e ~ head~ has ~n publish~ and t~ thr~
pm~ o~m pm~ to ~ a~~ have ~n no~.
~is ~oj~ odgin~ ~ ~ a~val of ~ ~s~ ~-~in~all PUD pmj~
Avenue, as ~ ~ ~e ~~s of ap~val was ~ dmin~
reso~. ~e proj~ ~v~ ~ ~n~~ sto~ ~ ~ to ~e ~ ~~ Car-X MinF
Mall, a ~ of ~ Cham~ A~o sffe a~ a ~ ama ~ on ~e ~ s~ of New Ho~
~a~. ~ Car-X a~ a ~on ~ ~ Cham~ ~ ~ drain ~ ~ ~ ovedand flows
~n~ e~e the M~p hi~ ~ ~ p~ ~ ~ ~ ~ M~ ~r system would
~ile~ drainage from ~ s~, elimin~e ~e ems~n ~m a~ ~e ~e ~ssa~ drainage
~nveyan~. It is ~~ to ~nn~ to an e~s~ st~ ~r ~ basin in the N~ Ho~
Apa~ent pro~ and e~e~ a 12-15 in~ mi~ ~te ~ ~ ap~o~mately 350 f~t to the
Car-~Champion A~o ~o~. C~ ~sins ~u~ ~ ~~ alo~ ~e al~nment to ~nvey
sto~ water do~s~am to an e~sfl~ st~ ~r in F~ Sims P~
provid~ on ~e N~ Ho~ ~ ~ to ~ sto~ ~ ~m a ~ ama that cu~ently
ponds water aff~
~e esfimat~ ~o~ ~ i~ ~,~ a~ ~u~ ~ a~~ to
re~ has ~ ~ ~ ~ ~m~ ~ (Las~, Cham~ Arno and New Ho~
Apa~ents). A ~~ e~e~ wou~ ~ ~ui~ ~m ~ Ho~ a~nts to a~mm~ate
the sto~ ~ ~ ~ ~ ~ ~ easement wou~ ~a~ ~ual ~ ~t of ~e ~o~s~
assessme~ ~ ~ ~ in ~a~ ~ ~ Com~na~e St~
constm~ inde~n~ ~ in ~u~on ~ offier ~oj~ ~ a similar na~m.
~ON ~ , S~ ~ .....
~: ....
Request for Action Page 2
Several actions have occurred within the last several months that the Council may want to consider
before determining if you want to proceed with this project at this time. These inclucle the following:
Lasky Development
At the September 9 EDA meeting, the EOA directed staff to prepare an agreement for $100,000 in tax
increment financing assistance for the Car-X/Mini-Mall Project. Staff did meet with Lasky to start to
work out the details. However, per Lasky's September 30 correspondence to the City, he requested
that we not proceed with any more work on the agreement for the time being because Car-X was not
committed to the site. Since that time, Lasky has sent the attached October 16 correspondence stating
that the timing of the storm sewer improvements is wrong and should be delayed until there is a
development.
New. Hope Apartments
Staff also met with the owner of New Hope Apartments to explain the project. They have no problems
with the project, but indicated that they might bring in piarm to construct garages on the property (which
staff would support). The location of the garages may impact the location of the storm sewer. No plans
have been presented to date.
Based on these actions, staff requested an opinion from the City Attorney as to whether this hearing
could be tabled until more ia known about the development piana on both properties. The City
Attorney's response ie contained in the attached correspondence. He indicatee that the public hearing
could be postponed for a period of up to six months, without a need to republish the public hearing
notice or recommence from the beginning of the assessment
The Council will need to determine if you want to pmcee¢l with the project at this time or posWone this
maffer until further development details on the two propertias are known. The attached resolution
orders the project in the event the Council decides to proceed with the project despite Mr. Lask'y's
letter.
2506 MONTEREY AVENUE SOUTH ST. LOUIS PARK, MINNESOTA 55416 : PHONE (612) 922-33,.-.-.-.-.-.-.~t or 377-1167
MA'. Da.~Donahum, CityKaxtage~
~ity et New Hope
4401 Xylon Ave. ~.
New Hope, M~. 55428 Octobez' I6, 1996
re~ S~o~m Seve~ Pro~e~t 563
Dear M~. Donmhues
which X ~ugh~ ~a
h~ed ~o acc~Xish
b~g ~es~iona ~out ~ neceasi~ as veil as ~e coa~ t~ ye~s
ago, we acc~c~ i~ as par~ of a pX*~ed develoP.
Now ~ ~e cos~
p~o~e~c on ~e basis of
~eze ~e s~ o~ consAd~a~Aons, such as se~s on pzAva~e
p~opez~y ~ghC be bid ~ so, cea ~ ~o ~e p~ez~ o~ezs.
Xn s~~, X ~ ~ ~ng of ~he pzo~ec~ is ~ong ~d s~uld
~t a big waste
~o ~e ve~ ~~d of ~o
~ ~heze Afa hAg~ el~a~Aon a~ ~e rea~ or
c~As
S incereXy,
David Lask~
REAL ESTATE
2506 MONTEREY AVENUE SOUTH· ST. LOUIS PARK, MINHE$OTA 5~416 I PHONE {612) 922-3334 ot 377-1167
September 30, 1996
Kirk MacDonald, Management Assistant
City of New Hope
4401 Xylon Avenue North
New Hope, MinnesQta 65428
Re: 7180 42nd Avenue MM Development
Deer Kirk: "
Last week, I railed Steve Sondrell and told him not to proceed with any more work on the
agreement for the TIF flnenolflg for the moment. In mid Augu.t, I ~oke with Cir-X and they
inclic~ted that they were still Interested in the project, it the original figures.
I recognized that they were still ~hopplng around for a rite, dnco they did not know what
would happen with ua. At thlt point, wi requested the Idditlofld lupport from the P. Jty of
New Hope. Onc~ we obtoined city ~upport, we m~ontocted Car-X, India, Bring we ware ready
to complete the dell. At that time, I recotved · vlgue relpon~.
Shortly after, they told me they would giw ua a decidon ae to wbim they stood, no later
then September 25, 199G. Ae of today, I hey/heard nothing from them, and hive to
a~aume that they im out of the picture.
Since ,July of thle yelr, we hive been in conlzct with 8everml local and om*of*stste
buline~ functioning In dm ~lme eree aa Cer-X. Tbire are · number of Interested pertlee,
but thinga do not devdop ee qu~ldy aa would bi d~ired.
I think the edvi~ble approle~ I~ to put mlttera on hold until we have come direction- either
from Car-X or I llmillr automotive buaine&L
I will keep you polted on Ii devalopmento aa tbiy occur. Plee~ call me if you have any
questiona.
Sincerely youre,
David La~ky
DL/dr
Report for
Car-X/Champion Auto Storm Sewer Improvements
42nd Avenue at Nevada Avenue
New Hope, Minnesota
September 1996
... City Project No. 563
File No. 34192
Table of Contents
Tranmn,.iuai Lmu=r ............................................................!
Table of Con,mu= ............................................................ 2
Figur~ 1 - l.~r. ation Plan ....................................................... 3
Scope ..................................................................... 4
Feasibility and Recomn~ndation ................................................4
Ama to b~ included ...........................................................
Cost Estimate ...............................................................
Easements ................................................................. 5
Assessments ................................................................
Revenue ................................................................... 6
Project Schedule · 6
Appendix A - Preliminm~ Co~ F..~nmm
fi~u~ 2 - ~ Sto~n ~ and Drainqe Aru
2
6onestroc:
LOCATION PLAN ~
Rosene
"~ Anderlik ~t
NEW HOPE, MINNESOTA FIGURE 1 1~1
Associate;
CAR X/CHAMPION AUTO STORM SEWER IMPROVEMENTS ~u~ :-:.~?.
CI~ PROJECT No. 58,,;3
'; ',5~", .~'~2x, 5~'92::' :'NC a,..:,$' '~9~ ::'~,a. J,1.,92
TRO0 AND ASSOC]:ATE$ W 612 6361311 09/19/96 08:42 1~ :02 NO:C~I~ '
Scope
Thi8 project provides ro~ constructinI stofln sewer pipinl to serve the proposed Car-X Mini.Mai)
~d adjacent propertm north oF 4~d Avenue between Nevada Avenu0 and Lm~lslant Avenu~ u
shown on FISu~ I. As shown aa lqlure 2, stm"msewe~is peoposed to bo extended fromthe exi~nl
ser~ ne~ onty the Car-X Mini.Mall Ix~Je~ but also & portim of the (3mTjpion Aura si~m and alow
ar~ located ~ tho south stdm of New l~opm Aparunen~
Feasibility and Reeonunendatlon
Serm Sewer Ptm fe~ ~he Clt7 er New Hep. ~ne pmje~ is mcunr~ u c~evey nnflu wn~ nmff
i~3mmthm ou Urninm. mm ~ can be csrrtm ou~ by ludr~ could bm ~ with mb~
Proposed Improvements
Cur-X si~' h addMe~, bdet smasnm MIl ~o pn~vldod m 0no b F~Sm ~ ~ m
. h is ~ to coancct to m existinf sM~m sewer csn~ b~fn in ~ b HoPe A~ ~
and ext~d · 12-inch m iS*inch r~nfmud ~ pipe fur sppm~imatsly 3~0 feet to ~e Car-X
alonI th alilnment to convey storm wmr downmum to an existinl norm sewer in ~ Sims
AFea to be Included
The area to bo included for u,uenruent purpef~ is showu ou FJfuro 2 located al dJo bock ot Ihfs
report and is ILsI~ below:,
Anditom Subdivision No. 324: Pun:ds 28, 30, 31, and 35.
C~ ~hmlte
A doufled cost utirnm is lxesmted in Appmdfx B et ~fu bad[ or dds mpe~ Tho trod estimmd
lXOject cost is $40,000.~ TMs includm 10 perce~ for ~ mi 2~ petunt for indirect
per square f~xn md am includod h b Mu] pmj~ c~.
Assessments
storm sewer. The following tabuladon slmws the drainage area, rat~, and intimated assessment for
each property.
~ ~ l~e Est_ Auessment
Lasiry Car-X 1.5 ac. $20,OO0/ac. S30,000
Champiou Auto 0.3 ac. 20,(X~ac. 6,000
New Hope Apamnents 02ne. 20,O00/ac. ~
A preliminary assessment roll is i~lud~l in Appendix B at the back of this report.
Revenue
Storm Sewer ~35,800 -O-
Easement acquisition ~.200 -0- -0-
A.ssesstn~nt ~lO,O00 -0-
All costs associated with extnodin$ tim storm sewer for this development will be assessed to the
benefitted properties. -
Project Schedule
Present FeasibiUty Report ~ September 23, 1996
Public Hearins October 28, 1996
Approve plans and specifications Winter 1996
Open bids and award contract Sprin$199'/
Be~in construction ,~[ay 1997
Completion June 199'/
6
90UNI '
~2nd Avenue North
STORM SEWER IMPROVEMENTS ~ DRAINAGE AR~ ~6one.trOOso~ene
Anderli~
NEW HOP~. MINNESOTA FIGURE 2 A~ociate~
CAR X/CHAMPION AuTO
Cl~ PROJECT No. 563
COUNCIL
REQUEST FOR ACTION
~Un~ Depa.,'tment Approved for A~enda _ A~encla Section
uevelopment
City Manager & Planning
28-96 · Sarah Beilefuil It~
By:. Community Development By: 8.2
MOTION NOT TO PURCHASE AT 2751 LAMPHERE DRIVE (IMPROVEMENT
PROJECT #562)
At the October 12, New Hope City Council meeting, the City Council approved and directed
staff to have an appraisal competed for the property located at 2751 Lamphere Drive. BCL
Appraisals completed an appraisal of the property on October 24, and estimated that the fair
market value of the property is $119,000.
The property is located at 2751 Lamphere Drive. The lot is approximately 32,500 square feet
(.75 acres) and is located in an R-1 Single Family Residential Zoning District. The house was
built around 1900. There are two dwelling units located in the single family home. The first
floor two bedroom unit has 1,400 square feet of living space. The second floor two bedroom
unit has 800 square feet of living space.
There is a 15-foot sanitary sewer easement running through the property. The easement is
approximately 100 feet west of the southeast comer adjacent to Lamphere Drive. The
easement runs north to south through the property and will make redevelopment of the
property difficult.
Staff believe that if the City buYs the property, the existing house should be demolished and
either a new single family house or twin home be built on the site. Due to the high cost of the
property, staff estimates that the City would invest over $150,000 to purchase, demolish, and
make the site ready for development. This does not include the cost of building a new housing
unit, taxes and utility co~ts, sales costs, or. administrative fees.
Because of the high purchase pdce of the property, and the location of the sanitary sewer,
staff recommends that the City not pursue purchasing the property at this time.
MOTION BY SECOND BY
TO:
RF~U]~T FOR ACTION
Originating Department ApProved for Agenda Agenda Section
Public Works 10-28-96 Petitions & Requests
Item No.
By:. Jeannine Clancy By:. 9. l
RESOLUTION APPROVING AGREEMENT BETWEEN NORTHERN STATES POWER AND
THE CITY OF NEW HOPE FOR INSTALLATION AND MAINTENANCE OF STREET LIGHTS
IN THE VICINITY OF 41~' AND JORDAN AVENUES; AUTHORIZING THE MAYOR AND CITY
MANAGER TO SIGN
In late August, 1996, the Public Works Director was contacted by Gaiyle Kutz, 4130 Jordan
Avenue North, who was seeking assistance in obtaining street lights in the neighborhood at 41'*
and Jordan Avenues. Because there are no lights in the neighborhood, staff asked Northern
States Power (NSP) to develop a plan and a cost estimate for installation of lights. After this
plan was developed, Ms. Kutz and her neighbor, Michelle Hanson, 4143 Jordan Avenue,
circulated a petition supporting the request and the plan.
This resolution al~xOves a Statement of Work Agreement between the City of New Hope and
Northern States Power (NSP) for the design, installation and maintenance of strestlights on
Jordan and 41'* Avenues. The agreement provides for the following:
· Installs five 100 watt high pressure sodium rectilinear fixtures on fiberglass poles.
These poles will all have an underground feed.
· Approves payment to NSP in the amount of $6,550 for installation of the lights.
· Establishes a monthly maintenance charge of $5.45 per light
Upon Council appeoval, NSP will authorize the installation of the lights. NSP intends to have
the lights installed within two to three weeks, weather permitting.
Funding ls availatge in the $1reet Light Utility Account for the installation costs. The ongoing
maintenance costs will be paid with proceeds generated by the monthly street lighting fee.
Staff recommend~ aPlXoval of the resolution.
MOTION BY SECOND BY
TO:
I RFA-OOI ~
PROJECT NO. 565
BULLETIN NO. 1
CITY OF NEW HOPE
PROJECT BULLETIN
5530 SUMTER AVENUE NORTH
Overview
In August 1996, the City of New Hope purchased the property at 5530 Sumter
Avenue North. The City purchased the property with the intent to demolish the
house and land bank the site.
In preparation for demolition, a number of activities at the property will or have
occurred, including completing an asbestos survey of the house, disconnecting
utilities, sealing a well on the site, and cutting the sewer and water to the site.
Once these activities take place, the City will demolish the building and fill the
site. Once demolition is completed, the site will be seeded and the City will
maintain the lot.
At the October 14, New Hope City Council meeting, the City Council approved
the Iow bids for four activities. Belt Line piping received approval to cut the sewer
and water to the site. The well will be sealed by Don Stodola Well Ddlling
Company. An asbestos survey of the house will be completed by Angstrom
Analytical. The demolition contract was awarded to Kevitt Excavating.
The sewer and water were disconnected and an asbestos survey of the house
was completed the week of October 14 and the well will be sealed the week of
October 21. The asbestos report will be submitted to the City on October 21.
Once the report is received, a ten business day waiting pedod is required by the
MPCA and EPA before demolition can occur. Therefore, the contractor has
scheduled the demolition to take place at the end of October.
New Hope City Code states that demolition can occur on the site between 7:00
a.m. and 10:00 p.m., Monday through Friday, and 9:00 a.m. to 9:00 p.m. on
weekends or holidays.
Site Upkee~
A fall clean-up of the site will occur in October. The City will seed the site in the
spring.
Contact Pemons
If you have questions or concerns, please call Sarah Bellefuil, Community
Development Specialist, at 531-5137, or Kirk McDonald, Management
Assistant/Community Development Coordinator, at 531-5119.
The City appreciates the cooperation of all residents in the area that may be
impacted by the construction during this project. Thank you for your cooperation.
City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428
10-18-96
PLANNING AND DEVELOPMENT
Third Quarter 1996 Report
City Council Synopsis
A number of developments and business expansions were initiated or continued during July,
August and September. Ambassador Good Samaritan Nursing Home started
construction on their 10,500 square foot building addition and remodeling of the existing
facility; with an elevator being added and the entire building being fire sprinkled. The City
Council agreed to share in the cost of the water main/loop connection because it will be of
benefit to New Hope residents in that area. Gill Brothers Funeral Chapel broke ground for
their new facility on July 11 and construction is substantially completed. The City assisted
with a "pay-as-you-go' tax increment reimbursement. Staff worked with St. Therese
Nursing Home at Winnetka/Bass Lake Road on their proposed acquisition of an R-2
dwelling to accommodate expansion of their parking lot. They will also be seeking a rezoning
of the property in October. City staff and representatives from the Department of Trade and
Economic Development met with officials from Navarre Corporation in September
regarding their proposed 1997 expansion plans and potenUal financial assistance. In July
and August, a great deal of staff time was spent negotiating with Date Recognition in an
attempt to have them sign a long-term lease on the SuperValu building at Winnetka Center
Shopping Center, however no agreement could be reached. Lastly, the City Council and
staff continued to work with the owner of the 42'~ & Nevada Avenue property on the
proposed Car. X/Mini. Mall development and the Council directed staff to work with the
developer on a financial agreement where the City would reimburse certain TIF eligible
costs.
Several important business programs also continued or were initiated in the third quarter.
The Shop New Hope promotion culminated with a drawing for Duk Buck winners at Duk
Duk Daze and Duk Bucks were redeemed for cash at City Hall throughout the quarter by
participating businesses. The City conUnued its participaUon in the newly created TwinWest
New Hope/Crystel Business Council and prepared for a site tour of City projects to be
held in October. The City initiated an idea to cooperate with Winnetka Commons
Shopping Center on a "road construction completed" campaign and the City will assist
with a newspaper ad for the center to announce that the road reconstruction at 36~ &
Winnetka has been finished. Another important business initiative that was implemented
during the third quarter was the bus route changes that were put into effect in the
Science Industry Park area by the MCTO. After one year of work by staff with the
businesses in ibis industn'al area, at a meeting on September 17 MCTO o~cials announced
bus route changes to take employees to/from places of industrial employment.
Lastly, the Planning Commission continued work on a number of Zoning Code amendment
issues. Work was essentially completed on the Pawn Shop Ordinance and it will be
presented to the Council in October. Code changes were completed or substantially
completed on wall signage for the New Hope Ice Arena expansion and recommendations
on concrete curbing and shopping center parking requirements. Work also continued
on the communications antenna/tower moratorium and work was begun on adoption of
the DNR Shoreland Management Plan ordinance, which is a requirement of the New
Hope Surface Water Management Plan.
The third quarter of 1996 proved to~/~e~ :~eSsful in the planning and development
areas, with a number of goals and objectives being met. Please refer to the complete report
for more details.
Kirk McDonald, Management Assistant/ Sarah Bellefuil
Community Development Coordinator Community Development Specialist
PLANNING AND DEVELOPMENT*
Third Quarter 1996 Report
The Planning Commission reviewed the following cases dudng the third quarter:
Month No. of Cases Notices Sent
July 0 0
August 6 70
September 3 53
Month Request Number Approved Denied Withdrawn Tabled
July No Meeting
August Vadance 2 I 1
Ord. 4 3 1
Sept. Variance 2 2
Ord. I 1
TOTALS 9 7 2
Year To Date Approved Denied withdrawn Tabled
Sign Vadance I 5
Ordinance 7
Site Bldg. Plan Review 4
CUP/PUD 1
PUD-concept 1
PUD-final 1
CUP 1
Variance 7
CUP Amendment 1
YEAR TO DATE 23 I 5
TOTAL
PLANNING/DEVELOPMENT ISSUES
1. Expansion of School Uses in R-f Zoning District, District No. 281 - At the July 22
City Council meeting, the Council approved an amendment to the CUP which deleted the
24-hour notification requirement allowing the two high schools to use each others athletic
facility in case of an emergency situation.
2. Ordinance Temporarily Extending pawn ShOP Moratorium - Dudng the first quarter,
the Commission approved a motion recommending that the City Council establish a six-
month moratorium on pawn shops so that the City could study this issue and establish
zoning and licensing regulations regarding this use. The Council approved a Resolution
Authorizing a Planning Study to Consider Regulations for Pawn Shops Within the City of
New Hope and approved an Ordinance Temporarily Prohibiting Any Pawn Shops or
Pawn Broker Businesses Within the City for a six-month pedod. The Codes & Standards
Committee continued its study on this issue with information provided by the Police
Department, City Attorney, Planning Consultant and City staff. At the July 22 Council
meeting, the Council passed a resolution extending the moratorium for an additional six
months until March 11, 1997.
3. Proposed Developments at Winnetka Center Shopping Center- During the second
and third quarters, the EDA discussed two potential developments at Winnetka Shopping
Center:. a company known as Data Recognition was proposing to lease the vacant
SuperValu space and a Brazier Dairy Oueen may split off a parcel and construct a new
store on the comer of 45th & Winnetka. At the July 22 City Council meeting, the Council
discussed financial assistance for improvements to the SuperValu space to assist Data
Recognition. While the EDA was generally supportive of the project, concern was
expressed regarding the level of financial assistance being requested from the EDA and
the matter was tabled for further negotiation.
4. Planning Case 9628, Variance from the Side Yard Setback Requirement, 4057
Boone - At the August 6 Planning Commission meeting, the Commission approved the
request for a one-foot variance from the five-foot side yard setback requirement to
construct a two-car garage addition. The City Council concurred with the decision at its
August 12 meeting.
5. Planning Case 96.29, Variance from the Side Yard Setback Requirement, 3532
Ensign - At the August 6 Planning Commission meeting, the Commission discussed at
length the request for a three-foot vadance from the ten-foot side yard setback
requirement to allow construction of a 12' x 26' addition to the existing home. The
Commission stated they would be agreeable to a five-foot variance, which would make
the addition 10' x 26'. The Commission tabled this request and directed staff to research
previous variances to determine whether such a large variance had ever been granted.
At the September 3 Planning Commission meeting, the Commission approved revised
plans which required a five-foot vadance from the side yard setback requirement. At the
September 9 City Council meeting, the Council tabled this request and asked staff to
further research similar variances and obtain opinions from the City Attorney and
Planning Consultant. At the September 23 City Council meeting, the Council approved
the request for a thrcc foot side yard vadance to the setback requirement, which was the
odginal request.
6. Ordinance 96.14/Planning Case 96.21, An Ordinance Amending New Hope City
Code Section 4.036(4)(h)(xv) Regulating Off. Street Parking by Requiring Concrete
Curbing Around Off. Street Parking Areas - When the Codes & Standards Committee
of the Planning Commission first studied this issue, they reviewed only the commercial/
industrial sites. The full Commission tabled this request in August so that staff could
identify the location of townhouses in the City and the type of curbing provided at these
sites. At the September 3 Planning Commission meeting, staff requested this issue be
tabled again in order that the Planner could clarify when concrete curbing should be
required on these complexes. This ordinance should be finalized during the fourth
quarter.
7. Ordinance 96-16/Planning Case 96-23, An Ordinance Amending New Hope Code
3.463 by Permitting Wall Signs on Churches, Schools, Non-Profit Institutions and
Government Buildings At the August 6 Planning Commission meeting, the
Commission approved this ordinance to accommodate new wall signage at the New
Hope Ice Arena and to allow the same amount of wall signage for government buildings
as is allowed for commercial/industrial properties. The ordinance allows 250 square feet
of wall signage. The City Council approved the ordinance amendment at its August 12
meeting.
8. Ordinance 96-18~Planning Case 96-25, An Ordinance Amending New Hope Code
4. f25(2)(c0 Regulating Food Handling Licenses as Subordinate Uses for
Automobile Service Stations - At the August 6 Planning Commission meeting, the
Commission approved this ordinance amendment, which was a housekeeping item
related to a previous code amendment. The City Council approved the amendment at its
August 12 meeting.
9. Ordinance 96-12~Planning Case 96-06, An Ordinance Amending New Hope Code
4.036(fO)(z) Regulating Parking Requirements for Shopping Centers - The Codes &
Standards Committee of the Planning Commission studied this issue and recommended
simplifying parking requirements at shopping centers and establishing one parking
standard for all centers, regardless of size. The Planning Commission approved the
ordinance amendment at its August 6 meeting. The City Council, at its August 12
meeting, determined that changing the required number of parking spaces for smaller
shopping centers may create a shortage of parking and referred this issue back to the
Planning Commission for further study. This matter was further researched by staff
during September.
10. Kimball Addition Letter of Credit- At the August 12 City Council meeting, the Council
adopted a resolution authorizing City staff to draw upon the Kimball Addition Letter of
Credit. There was a grading problem that ncc-Jed correcting and some outstanding
administrative fees. Subsequently, the administrative fees were paid and the $25,000
Letter of Credit was replaced with a $3,000 certified check.
11. Don Harvey 2~ Addiffon/Versa Die Cast Letter of Credit- At the August 26 City
Council meeting, the Council adopted a resolution authorizing the City to release the Don
Harvey 2"~ Addition Letter of Credit, as all improvements had been satisfactorily
completed.
12. Planning Case 96-30, Variance from the Rear Yard Setback Requirement, 7251 40~
Avenue - At the September 3 Planning Commission meeting, the Commission approved
a 10-foot variance from the 35-foot rear yard setback requirement to allow construction of
a garage addition. The City Council approved this request at its September 9 meeting.
13. City to Share Cost of Water Main/Loop Connection with Ambassador Nursing
Home - At the September 9 City Council meeting, the Council approved participation in
50% of the cost, up to a maximum of $3,800, in the installation of the water main/loop
connection to accommodate the Amb~$~a~d~t Naming Home building addition.
14. Car. X/PUD Development TIF Assistance - At the September g City Council meeting,
the Council considered a request to financially assist the Lasky Car-X/PUD Oevelopment
at 42"" & Nevada Avenues. After considerable discussion, the EDA directed staff to meet
with the developer and prepare an agreement for $100,000 in financial assistance.
15. Resolution Terminating CUP at 5701 International Parkway - At the September 23
City Council meeting, the Council approved a resolution terminating a conditional use
permit which had formerly been granted to allow a gymnastics school at 5701
International Parkway. The owner of the property requested the termination to clear the
title and facilitate the sale of the property.
16. Gill Brothers Funeral Chapel - The closing on the sale of the 42"" & Nevada City-
owned property to Gill Brothers Funeral Chapel was completed on June 27, with a sales
commission paid to Ackerberg Group. The Development Agreement was executed and
performance bond submitted. A ground breaking ceremony was held on July 11 and
construction is currently underway.
17. Business Link Newsletter- The Management Assistant, Community Development
Specialist and Building Official have been publishing/distributing the New Hope Business
Link newsletter on a quarterly basis for over one year. The Summer 1996 issue was
completed and mailed to New Hope businesses in August.
18. Zoning Maps - The Zoning Map of the City was updated dudng the third quarter and a
new multi-colored map was produced.
19. TwinWest Directory Ad - A new TwinWest Directory ad for the City of New Hope was
produced during the third quarter for the 1997 TwinWest Chamber of Commerce
Directory. The new ad incorporates the new masthead utilized on the City newsletter.
20. Shop New Hope Promotion - During the third quarter, coordination on the Shop New
Hope promotion continued, with letters being sent out to Duk Buck winners and Duk
Bucks being redeemed for cash at City Hall by participating businesses.
21. Business License Survey- During the third quarter the Management Intem conducted
a survey of other metro area cities to gather information on business licensing
requirements to assist in determining whether New Hope should adopt such an
ordinance.
22. Community Profile- In June, the Management Intem coordinated the annual update of
the City's Community Profile, which is published by the Minnesota Department of Trade
and Economic Development, with the Management Assistant, Community Development
Specialist and Building Official.
23. Business Retention Program - During the third quarter of 1996, staff continued to
participate in Phase II of the Community Partners Business Retention Program
sponsored by the North Metro Mayors Association. New businesses in the City were
surveyed during the third quarter. A brainstorming session was held on August 29 to
discuss the future goals and activities.
24. Winnetka Commons Promotion - During September staff coordinated with Winnetka
Commons on a "road construction is over" promotiOn to celebrate the completion of the
construction at 36"~ & Winnetka Avenues.
25. Crystal/New Hope Business Council. The Crystal/New Hope Business Council, which
is being coordinated by TwinWest, held its first meeting in April. The purpose of the
Council is to enhance business relationships with the local community, to provide access
to the business community on local issues, and to encourage economic vitality through
business retention and job creation. The Council will be holding monthly meetings and is
comprised of business members from both Crystal and New Hope. During the third
quarter, Sign Code requirements of each City were discussed and plans made for fall site
tours of commercial/industrial/housing projects in the respective cities.
26. Navarre Corporation - During the third quarter, staff met with Navarre Corporation
representatives and prepared information regarding the planning/zoning process for their
proposed 1997 expansion/rezoning.
27. Archives Corporation - Staff also met with the owner of the Archives Corporation
building dudng the third quarter regarding potential expansion and financial assistance.
28. Phoenix Manufacturing. Staff reached an agreement with Phoenix Manufacturing
dudng the third quarter to extend their lease through December 1996 on the City-owned
building at 7128 42"~ Avenue, with Phoenix agreeing to pay market rate rent.
29. DNR Shoreland Ordinance - During the third quarter, staff started initial research on
adoption of the DNR Shoreland Management ordinance. The adoption of the ordinance
is a requirement of the Surface Water Management Plan. This ordinance will be
discussed by the Planning Commission dudng the fourth quarter.
30. Tower Moratorium - Staff continued to work on the tower moratorium during the third
quarter and attended a meeting on September 25 sponsored by the North Suburban
Cable Commission regarding a joint-city study on this issue. The moratorium will
probably be extended an additional six months dudng the fourth quarter.
31. St. Therese Rezoning/Parking Lot Expansion - During the third quarter, City staff and
the Design & Review Committee coordinated with St. Therese Nursing Home on a
proposed rezoning and expansion of their parking lot into an R-2 Zoning District. This
issue will be considered by the Planning Commission and City Council in October.
32. Plymouth Comprehensive Plan Amendment- Also during the third quarter, staff and
the Codes & Standards Committee reviewed an amendment to the Plymouth
Comprehensive Plan and this will be considered by the Planning Commission and City
Council in October.
33. MCTO Bus Route Changes - After one year of work with and surveys of businesses in
the Science Indust~ Park area, a meeting was held on September 17 where the MCTO
announced bus route changes to serve the Science Industry Park area.
Committee met with St. ThereSeNuming Home in preparation for October's Planning
Commission meeting.
35. Codes & Standards Committee - Dudng the third quarter, the Codes & Standards
Committee met on a number of proposed ordinance amendments, including the following
issues:
Pawn Shop Study
Wall Signs for Governmental Recreational Facilities
Food Handling License
Shopping Center Parking Requirements
Concrete Curbing
Opinion Signs
Temporary Greenhouse Sales
R-1 District Performance Standards
Plymouth Comprehensive Plan Amendment
Kirk McDonald Sarah Bellefuil
Management Assistant/ Community Development Specialist
Community Development Coordinator
HOUSING AND REDEVELOPMENT AUTHORITY
1996 Third Quarter Report
City Council Synopsis ~
During the third quarter, the City continued to work on a number of housing and redevelopment
activities.
The City purchased a HUD home located at 6067 Wast Broadway in October 1995. The house
was demolished in June 1996, and construction started on a new three bedroom home in
September. The new house will be sold to a Iow/moderate income first time home buyer.
The City purchased the property at $$30 Sumter Avenue on August 29. During the third
quarter, the City has been coordinating the removal of the utilities and the completion of an
asbestos survey. Demolition is scheduled for October.
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 $45,000 in HOME
funds.
During the second quarter, Tasks Unlimited was approved by the City Council to act as the
owner and service provider for a residential style group home facility to be located in New Hope.
During the third quarter, Tasks Unlimited and the City approved the purchase of a duplex at
3579/3581 Independence Avenue for conversion to a group home facility. The sale closed on
September 20.
During the third quarter, New Hope, in conjunction with the City of Crystal, submitted two
funding proposals to the MHFA. The first was the MHFA Community Rehabilitation Fund
grant for $240,000. The grant would allow the two communities to purchase, rehabilitate or build
new, four single family homes. Once the projects are complete they would be sold to
/ow/moderate income first-time home buyers.
The second funding proposal was the MHFA Community Fix-Up Fund. This proposal was
submitted in conjunction with the City of Crystal and Park National Bank. If approved, the
Community Fix-Up fund would allow middle income home owners the opportunity to receive Iow
interest loans to improve their homes. Park National Bank would provide and maintain the loans
on behalf of New Hope and Crystal.
During the third quarter, staff continued to work on the rehabilitation of multi-family housing
complexes. The project at New Hope Apartments was essenUally completed and the EDA
considered a request from the owners of the building at 7610 Bass Lake Road for financial
assistance.
Staff also coordinated wfth the other CO-OP Northwest cities on the sponsoring of two Landlords'
Forums to be conducted in October/November to educate mulUple family housing complex
owners on current legal issues. Planning also got underway for the 1997 5~ Annual Northwest
Suburban Remodeling Fair to be held in April.
Respectfully submitted,
Sarah Bellefuil Kirk McDonald
Community Development Specialist Management Assistant/Community Devel. Coord.
HOUSING & REDEVELOPMENT AUTHORITY
Third Quarter 1996
Projects: JULY I AUGUST [ SFPTEMBER
Homes sold in May and june Landscaping issues resolved
House d~molished and site iS being land banked
House demolished and site iS t~eing land banked
' New construction plans completed 8/12 Contract awarded to Equal Access Construction underway
Homes
7/22 Council authorizes purchase Utilities disconnected Quotes sought for dem0/ttioh
owners not interested in selling property
for redevelopment
7~22 Owner offering to sell property to
City & Council's decision not to purchase
;nue 8112 Council authorizes appraisal staff meets with property owner
8/26 Council authorizes staff to negotiate
purchase
8126 Council authorizes purchase Inspected and rehab list prepared
9/23 Council authorizes staff to obtain an
appraisal
919council approves submittal of grant
application for Community Rehabilitation
Fund Program
~ 9/9 Council approves Park National
Bank's application for access to MHFA
Commun~ Fix-Up Funds
8/26 Council approves Deferred Loan ' 9/9 Council approves Deferred Loan
Program Repayment Agreement for 8833 31'~ Repayment Agreement for 5324 Oregon
Avenue Avenue
9~ Council approves loan to purchase
Tasks Unlimited 357913581 Independence Avenue
Staff coordinates with owners of 76t( Bass Lake Road Apartment complex .......
Financial Assistance
HOUSING AND REDEVELOPMENT AUTHORITY
Third Quarter 1996 Report ~-
The New Hope HRA continues to be busy with the management of housing programs and
redevelopment activities in the City.
Section 8 Rental Assistance Pro_~ram
Currently, the Section 8 Rental Assistance Program is providing assistance to 269 New Hope and
surrounding area Iow income families. This is somewhat lower than the number families that were
being served in June. Dudng this same time pedod in 1995, New Hope was providing assistance
to 165 families, so overall the program is serving more families in 1996 as in 1995.
The breakdown is as follows:
Month Certificates Vouchers Total
July 173 98 271
August 170 96 266
September 174 95 269
The number of housing inspections has decreased compared to the same time period in 1995.
During the third quarter of 1995 a total of 116 inspections were completed.
A breakdown of housing unit inspections for the third quarter is contained in the following table:
Initial Reinspect Total Year To Date
Section 8 59 30 89 277
At the January 22 EDA meeting, the EDA approved the FirSt Amendment to the Section 8
Housing Assistance Payments Program Contract for Administrative Services. The contract
amendment allows the City of New Hope to administer an additional 51 Section 8 contracts in the
cities of Golden Valley, Maple Grove and Edina. Metro HRA will be responsible for all inspections
for the additional contracts and the New Hope Housing Representative will handle the
administrative component of the contracts. The amendment allowing administration of the
additional contracts will provide additional revenues for the program and will help to insure that the
program for Iow/moderate income residents is maintained.
Community Development Block Grant Proaram
Housing Rehabilitation Program - Hennepin County manages the Housing Rehabilitation
Program for the City and maintains a waiting list. The funds assist Iow income persons in
making basic repairs to homes that they own. Currently there are five residential households in
the process of being assisted, two being rehabilitated and four on the waiting list. At this time,
$8,249 is still available from Year 1994, and 1995 funds. During the third quarter, the City
Council approved two Hennepin County Deferred Loan Program Repayment Agreements. At
the August 26 meeting, the City Council approved a rehab loan for property located at 8833 31st
Avenue North, and at the September 9 meeting, the City Council approved a rehab loan for
property at 5324 Oregon Avenue North.
Scattered Sits Housing Proiec~
During the third quarter the City continued to pursue several projects that will be funded by
CDBG, MHFA, HOME, EDA and City funds. Projects that use these funds include the following:
Care Break Facility - 5501 Boone - The proposed Care Break Facility, operated by Senior
Outreach Services, was originally going to be built at the City owned property located at
5501 Boone Avenue North. But, due to construction costs, Care Break began looking into
purchasing the Homeward Bound site at 4741 Zealand Avenue North and using that building
instead. During the first quarter of 1996, Care Break decided not to buy the Homeward
Bound site and is once again considering the site at 5501 Boone.
The City has designated $100,000 in 1995 CDBG funds for a future Care Break facility. The
1995 CDBG funds will have to be used by the end of 1997.
Homeward Bound Facility - 4741 Zealand Avenue North - During the month of September,
staff helped Becklund Home Health Care complete a funding proposal to HUD to purchase
and rehabilitate the Homeward Bound Facility. Becklund's proposal included converting the
62-bed facility into a 24-bed facility for the ventilator dependent population. The proposed
rehabilitation would include making each of the four building wings into individual "homes"
that would include a kitchen, living/dining room, and six bedrooms. Becklund views this
reuse as an opportunity to provide a home-like environment for the ventilator dependent
population, and also provide services at a reduced price.
Conversion of 3579/3581 Independence for Group Home Facilities - In 1995, the City was
awarded $90,000 in HOME funds, through the CHDO, to be used toward a residential style
special needs housing facility. The City also committed $90,000 in EDA funds as a zero
interest first mortgage for the project.
The City has been working with Project for Pride in Living (PPL) and the CHDO to coordinate
the project. After receiving several proposals, on May 28, the City Council approved Tasks
Unlimited as the future owner and service provider for the special needs housing to be
located in New Hope.
On July 22, The EDA approved a motion allowing Tasks Unlimited to sign a Purchase
Agreement for a duplex property located at 357913581 Independence Avenue North. The
duplex was built in 1981 and is 1,440 square feet per side. Each unit includes three
bedrooms, two bathrooms, a laundry room, kitchen, living room, dining room, den, and two-
car garage. Because only one garage is needed, Tasks Unlimited is proposing to convert
one garage into a recreation room for its residents.
On September 9, the EDA approved a loan to Tasks Unlimited to purchase 3579/3581
Independence Avenue North. On September 20, Tasks Unlimited closed on the property. In
October, Tasks Unlimited will go before the EDA to present their remodeling plans for the
duplex. Residents are scheduled to move into the duplex in December.
6073-6081 Louisiana Avenue North - The City sold the 6073 Louisiana Avenue twin home
unit to Scott and Michelle Abbott on May 23, 1996. The 6081 Louisiana Avenue North unit~--.
was sold to Douglas Langenberger on June 26, 1996. Each unit sold for $95,000.
6067 West Broadway - The City purchased 6067 W. Broadway from HUD, due to a
mortgage foreclosure, in October 1995, for $41,400. The site is located in a neighborhood
that has previously been designated by the City Council as blighted. Most of the homes
adjacent to this property are well kept and in good condition and this particular property is a
detriment to the neighborhood.
The total lot area is 8,913 square feet. The lot faces east on W. Broadway and is zoned R-1.
The site is bordered on the north and south by single family homes, on the east (across
West Broadway) by Broadway Village Apartments, and on the west by the back yard of a
single family home.
Due to the condition of the house, it was demolished on June 17, with the intent to build a
new single family home on the site. The new house will' have three bedrooms, 1½
bathrooms, a living room, kitchen, dining room, basement, and two car garage. The building
design will be similar to other single family homes located in New Hope.
On August 12, The City Council awarded the construction bid to Equal Access Homes.
Construction began in September.
In addition, on September 13, the City submitted a CDBG warrant request to Hennepin
County for $52,385.31. The funds were used toward the purchase of the site, demolition, an
appraisal and survey of the site, and legal and engineering fees.
5559 Sumter Avenue North - The City Council authorized the purchase of 5559 Sumter on
October 9, 1995, for $62,000. The house located on the property was demolished in June.
The City is maintaining the property until such time as it is used for future development or
the realignment of Sumter Avenue North.
7621 Bass Lake Road, - The City Council approved the purchase of 7621 Bass Lake Road
on October 23, and closed on the property December 22, 1995. The house was demolished
in June. The City is maintaining the property until it is used for future development.
5530 Sumter Avenue North- On Apdl 24, the owner of 5530 Sumter contacted City staff
stating that they were interested in selling their house to the City. In response, on May 7, the
City sent a letter to the owner stating the City would like to complete an appraisal of the
property. The owner agreed to an appraisal and the City Council approved an appraisal on
May 14. The appraisal was completed on June 7, and stated that the "as is" value is
$72,000.
On June 24, the City Council directed staff to negotiate the purchase of the property at 5530
Sumter. Staff met with the owner in July and agreed to pay $72,000 for the property. The
City closed on the property on August 29.
During the fourth quarter, the City will have the well sealed, cut the sewer and water,
disconnect all utilities, and have an asbestos survey completed. The house and garage will
then be demolished. ·
5540 Winnetka Avenue North -- On June 4, City staff met with a representative for
SuperAmerica to discuss building a SuperAmerica store at 5550 Winnetka Avenue. During
discussions, it was mentioned that if a SuperAmerica were to be built at the site, the house
at 5540 Winnetka would have to be demolished.
In response, the City Council, at their June 24 meeting, directed staff to have an appraisal of
5540 Winnetka completed. In July, staff sent a letter to the owners to determine if they are
interested in selling their property to the City. They responded that they were not interested
in selling their property at this time.
5212 Winnetka Avenue North - On August 14, the City received notice from HUD that the
property at 5212 Winnetka Avenue was for sale through their Direct and Private Sales
program. The sale price was $77,400 and included a $5,000 reduction for a wet basement
and an additional 10% reduction for direct sale to the City. The City indicated a preliminary
interest in the property on August 25, and the City Council authorized the purchase of 5212
Winnetka on August 26. The closing on the property is scheduled for October 29. Once the
City has purchased the property, the. house will be rehabilitated and sold to a Iow/moderate
income first-time home buyer.
4317 Nevada Avenue North - In July, the owner of 4317 Nevada asked staff if the City
would be interested in buying his property. In response, staff sent a letter to the owner
stating that the City would be interested in purchasing the property on a voluntary basis, but
an appraisal needs to be completed to determine the cost of the property. On August 12, the
City Council authorized an appraisal. The appraisal, which valued the house at $59,000, was
comPleted on August 22.
On August 26, the City Council authorized staff to negotiate to purchase the property at
4317 Nevada. Staff met with the owner on September 16. At the meeting the City and Mr.
Curry agreed to a purchase pdce of $59,000. Mr. Curry also stated that he would have to
give the tenant a 60-day notice and would still like to work with her to buy the property.
5812 Boone Avenue No~h - In August, City staff toured a HUD owned property located at
5812 Boone Avenue North. HUD was marketing the property for $85,000. After touring the
three bedroom house, staff felt that the property was a candidate for the City's Scattered
Site Housing program.
On September 23, the City Council authorized staff to obtain an appraisal of the property.
The appraisal stated that the property was worth $80,000. Dudng the fourth quarter, staff will
request authorization to submit a bid to HUD to purchase the property for $80,000.
Purchase and Rehabilitation of Sin.qle Family Homes - Staff continues to look for housing
that is in need of rehabilitation. In addition, staff has developed a list of potential sites for
redevelopment and will contact the owners to determine if they are interested in selling their
home to the City.
The purchase and rehabilitation of the properties will be funded through HOME, CDBG, and
EDA funds. In addition, the City has received a Metropolitan Council Housing and
Redevelopment Authority Housing Assistance Loan in the amount of $120,000. The City will
receive the loan in April, 1996. The Housing Assistance Loan will be applied toward th¢~'
purchase and rehabilitation of the homes and paid back at the time of sale.
Minnesota Housing Finance A(~encv Grants
Minnesota Housing Finance Agency Community Rehabilitation Fund Application - On
September 13, the City submitted a MHFA Community Rehabilitation Fund grant application for
$240,000. The grant will be used for the purchase, demolition, or rehabilitation and new
construction, of four Iow/moderate income single family homes.
The application was completed in cooperation with the City of Crystal. Both New Hope and
Crystal designated areas and/or specific properties in need of rehabilitation.
Minnesota Housing Finance Agency Community Fix-Up Fund- New Hope, in conjunction
with the City of Crystal and Park National Bank, have applied for the MHFA Community Fix-Up
Fund. The fund will allow middle (maximum income of approximately $61,000) income home
owners accessibility to funding to maintain and/or improve the single family housing stock in the
two communities. The funding can also be used for "value-added" improvements such as room
additions. Park National Bank will maintain the loan program on behalf of New Hope and
Crystal.
Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan -
On February 9, 1995, the City submitted two Metropolitan Council Housing and Redevelopment
Authority Housing Assistance Loan applications. One application was for $125,000 for the
construction of a three bedroom handicap accessible twin home to be constructed at 6073
Louisiana Avenue North. The second application was for $120,000 for the purchase and
rehabilitation of two homes that would be resold to Iow income families after rehabilitation had
been completed. The Housing Assistance Loans are zero interest and must be repaid when the
sale of the units are complete.
Because the twin home located at 607316081 Louisiana Avenue North was completed and sold
during the second quarter, the City will be retuming one loan for $125,000 back to the
Metropolitan Council. The second loan for $120,000 will be returned when two rehabilitation
projects have been completed.
Community Activity Set-Aside (CASA) Program - Beginning on April 1, the CHDO was the
designee of $460,000 in mortgage revenue bonds through the MHFA Community Activity Set-
Aside (CASA) Program. CASA funds are used to provide first-time home buyer mortgages to
Iow and moderate income people that are purchasing homes through the CHDO. Marquette
Bank New Hope is the designated lender for the mortgage revenue funds. The interest rate for
the funds are 6.90% and are the exclusive use of the CHDO until January 1997, or all the funds
have been expended.
The City intends to use $85,000 in CASA funds for the sale of 6067 West Broadway.
MHFA Minnesota City Participation Program
The MCPP is a program through the MHFA in which the MHFA sells mortgage revenue bonds
on behalf of participating cities to meet locally identified housing needs. The proceeds from the
bonds provide below-market interest rate mortgage loans for Iow and. moderate income first-
time home buyers. In 1996 the MCPP program has been expanded to eight months from six
months. The 1996 MCPP program began in April and runs for eight months. During the first six
months, participating cities have exclusive use of their individual allotment. During the final two
months, the individual allotments go into a statewide pool that is available to all MCPP
participating cities.
In January 1996, the City applied for the 1996 MCPP program. On April 18, the City received
approximately $474,000 in MCPP first-time home buyer funds for 1996. The funds were
expended by early June.
Metropolitan Livable Communitiee Act
The Metropolitan Livable Communities Act was enacted in June 1995, by the State Legislature
in an attempt to address housing issues in the metropolitan area. The Act also establishes a
Metropolitan Livable Communities Fund which consists of three accounts designated to help
improve communities and neighborhoods. The funds in these accounts can only be accessed if
a City elects to participate in the Livable Communities Act.
The City participated in the Metropolitan Livable Communities Act for the 1996 year, and
intends to pass a resolution in October to participate in 1997.
CO-OP Northwest
1993 HOME Grant - 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 of HOME funds, in conjunction with other grant moneys, to acquire and build a
handicap accessible twin home at 7901/7909 51st Avenue North. New Hope also received
$48,750 in 1993 HOME funds to help finance the construction of a three bedroom handicap
accessible twin home at 6067/6081 Louisiana Avenue North.
1995 HOME Grant - In 1995 the CHDO hired PPL to act as coordinator for the 1995 HOME
grant applications. In Apdl 1995, PPL completed and submitted the 1995 HOME application to
Hennepin County for $200,000.
Out of the grant, New Hope received $90,000 to convert a duplex into a residential style group
home facility. New Hope has also received $13,500 in home funds to help finance the
construction of a single-family home at 6067 West Broadway.
1996 HOME Grant - The CHDO received $100,000 in HOME funds for 1996. 'In September,
staff submitted to the CHDO board two proposals requesting a total of $37,500 in HOME funds.
The first request is for $27,500 for the property at 5212 Winnetka. $10,000 in funds will be for a
second mortgage, $10,000 as a rehabilitation grant to the City, and $7,500 for soft costs.
The remaining $10,000 will be used for the 6067 West Broadway project and would be added to
the $13,500 in 1995 funds. $5,000 in additional funds will go toward a second mortgage and
$5,000 toward a grant to the City.
Landlords' Forum
Dudng the third quarter, City staff cooperated with other CO-OP Northwest cities to plan an(3
sponsor two Landlords' Forums to be held dudng the fourth quarter. One Forum will be conducted
on October 28 at the Crystal Community Center and the other Forum will be held on November 6
at the Brooklyn Park City Hail. The purpose of the free Forums is to provide landlords with
information regarding their dghts and responsibilities related to the operation of their rental
properties. Topics to be covered at the Forums include tenant screening and discrimination laws,
leases, unlawful detainers, and cdme prevention and safety issues at rental properties.
Remodelin.q Fair
During the third quarter, City staff also cooperated with other CO-OP Northwest cities to start
planning for the 5~ Annual Northwest Suburban Remodeling Fair, which will be held at the Crystal
Community Center in April 1997. The purpose of the Fair is to encourage homeowners to stay in
the City and upgrade/remodel their existing homes.
Multi-Family Housing
During the third quarter, work continued to be finalized on the New Hope Apartments project. Staff
also met with several other owners of apartment complexes regarding potential future
rehabilitation projects. At the September 9 EDA meeting, the EDA considered a request from the
owners of an 11-unit apartment complex at 7610 Bass Lake Road for financial assistance to make
nccded rehabilitation repairs to the building. The ;:DA directed staff to work with the owners and
staff will be analyzing the complexes' books and reporting back to the EDA in the fourth quarter.
Respectfully submitted,
Sarah Bellefuil Kirk McDonald
Community Development Specialist Management Assistant/
Community Development Coordinator
ENGINEERING
Third C~uarter 1996 Report
City Council Synopsis
~ Work continued and/or was initiated on. a number of City engineering/construction projects during the third
quarter of 1996, including the following:
1. Ice Arena Expansion - Work continued on schedule on the $4.2 million expansion at the New Hope Ice
Arena, with work being substantially completed by the end of September. The project involved the
construction of a 45,000 square foot, two-story addition on the south side of the existing arena to
accommodate a second sheet of ice and other interior/exte#or improvements. The City was notified in
April that it had received a $250,000 Mighty Ducks Grant during the second round of funding from the
Minnesota Amateur Sports Commission. The Council accepted the grant and approved prevailing wage
addendums in June and also approved an agreement with School District #261 regarding the rental of the
Ice Arena. During the third quarter, a number of change orders were approved for the project and the Sign
Code was amended to allow wall signage to be installed. A grand opening of the facility will be held in the
fail.
2. 36th Avenue Street Improvements - Work also proceeded on Phase 2 of the 36th Avenue Street
Improvements, with Council approving plans and specifications and a Cooperative Construction
Agreement in April. Bids on the project were opened in May and the contract was awarded to C.S.
McCrossan in the amount of $1,141,503 at the May 13 Council meeting. A project bulletin was mailed to
residents at the end of May, just prior to the start of construction. Construction was substantially completed
during the third quarter on this project, which included utility improvements and street reconstruction of
36th Avenue from 400 feet west of Winnetka Avenue to Louisiana Avenue. New sanitary sewer is being
installed between Nevada/Louisiana Avenues and existing storm sewer facilities are being replaced at all
intersections. Project bulletins were mailed to property owners throughout the project to keep them
informed and the project is scheduled to be completed in October.
3. 1995 Street Projects - The assessment hearings were conducted and the assessment rolls adopted for
each project during the second quarter and final punch list items were being completed during the third
quarter.
4. Storm Water Pondin.q at Golf Course and 4400 Quebec Avenue - Work also neared completion on
these two projects during the third quarter. Storm drainage, pond dredging and bank stabilization
improvements were completed and the full course was open for play the first week of August. Fainvay #9
was completely rebuilt with an improved grade and extensive drainage improvements were completed at
the 8~ tee. Final work was also completed on the new pond at 4400 Quebec.
5. 47th Avenue Water Tower and New Hope Elementarlf Ballfleld Improvements - Construction on these
two projects got under way the first part of June. During the first quarter, the Council awarded the contract
for the water tower rehabilitation, and neighborhood and pre-construction meetings were held. A project
bulletin was mailed the first part of June prior to the start of work. The water tower project included
complete removal of the existing paint on the tower, application of new paint, structural improvements, and
other miscellaneous upgrades. The project was completed in August
Work also proceeded on the reconstruction of the ballfields at New Hope Elementary, with work starting on
.' June 10. The project included significant storm sewer improvements, which are being partially financed by
the School District. This project was substantially completed in September.
6. Northwood Park Storm Water Improvements - A great deal of time was spent by City staff and the
Citizen Advisory Commission on the proposed storm water improvements for Northwood Park during the
second and third quarters. Several informational meetings were held, with many different options
presented and opinions expressed. During the third quarter, the Citizens Advisory Commission studied this
· project in detail with the City Engineer and Director of Public Works. This subject will be studied for the
remainder of the year.
Other accomplishments included approval of the Surface Water Management Plan by the Bassett and
Shingle Creek Water Management Organizations, approval of plans and specifications for the Public
Works Remodeling Project, proceeding with the right, of-way appraisal process for the 42nd & Xylon~
Avenue intersection improvements, and initiating preliminary discussion on 1997 street improvem{
projects.
These projects, in addition to a number of other minor engineering items, kept the City Council and staff busy
during the third quarter of 1996.
Respectfully submitted,
Kirk McDonald
Management Assistant/Community Development Coordinator
ENGINEERING PROJECTS
Third Quarter 1996
437 36'h Avenue RR Bridge 8126 Council approves Joint &
Cooperative Agreement between
New Hope & Crystal (437/486)
480 1994 Sewer Improvements 7122 Council approves final pay
request
486 36t' Avenue Street Improvements 7/22 Council approves Change 8/26 Council approves Chang~"
Order #1 for adjustments in storm Order #2
sewer design and work requested
by Creameries through an
Assessment Agreement ,,
498 Northwood Lake Drainage CAC continued discussion on this project
499 Surface Water Management Plan 7111 Shingle Creek approves Plan 9119 Bassett Creek approves Plan
515 3-City Joint Water Supply 9/23 Council approves General
Mills legislation & pursuit of
emergencylaltemative permanent
water supplies
521 1995 Street Improvement Project - Wisconsin Cimle repairs completed Punch list items (sod) in process
Area 2
527 Cooper High School Street Punch list items in prOCess
Improvements
528 1995 Backyard Drainage Final punch ii~t items completed 8112 Council approves final pa~
request
529 47· Avenue Water Tower Work in process Tower completed .............. PuNch list items
Rehabilitation
530 Lighted Field Improvements Punch list items being completed
536 I-ce Arena Expansion Construction in process 8/12 Council approves Change §~;~ Council approves change
Orders orders
540 i995 Street Improvement Project - Punch list items being completed
Area 1 .....
542 Public Works Remodeling g/23 Council approves plans &
specs & orders advertisement for
bids
9123 Council approves 2
addendum to standard form of
agreement
9/23 Council approves contract
with E&V Const.. Mgmt. Svcs.
, 544 Storm Water Pond Improvements Construction in progress 8/11 full course open Punch list items
at 4400 Quebec & Golf Course
547 42nd/Xylon Avenue Intersection ~,ppraisals of property jn process "
Upgrade
550 Ballfield Reconstruction Construction in Process 1~/26'Council considers p~'oposed
New Hope Elementary Change Order
8~27 Council approved Change
Order #2
551 Louisiana Avenue & 31 '~ Circle Construction in progress
Street Improvements
555 '96 Crack Repair & Seal Coat 919 Council approves final payment
in the amount of $6,161.49
556 Begin Park Playground Equipment 718 Pre-construction meeting held 9130 Old equipment removed
559 Hidden Valley Park In-Line Skate 8112 Council tables approval of
Rink plans & specs
560 Park Shelter ROOf Repair 7~22 Council ~'e'jects one bid 8112 Council aWards contract t~' Project essentially completed
Terra Linda Park received and authorizes re- Hunerberg for $15,400
advertisement with alternates for
several completion timelines
563 Storm Sewer Drainage ....... 9/23 Council accepts Feasibility
7180 42"d Avenue Report and sets public hearing for
10/28
§64 Emergency Vehicle Pre-emption 8/26 Council approves Plans & 9118 Bids opened
specs & orders advertisement for 9/23 Council awards bid to Killmer
bids Electric
,567 '97 Street Improvement Program 9123 Presentation made and motion
to have City Engineer prepare
concept report & conduct
neighborhood mtgs,
542 . 9/23 Council approves plans &
specs & orders advertisement for
bids
9/23 Council approves 2"~
addendum to standard form of
agreement
9/23 Council approves contract
with E&V Const. Mgrnt. Svcs.
544 Storm Water Pond Improvements Construction in process 8111 full course open Punch list items
at 4400 Quebec & Golf Course
547 42r~/Xylon Avenue Intersection Appraisals of property in process
Upgrade
· 550 Ballfield Reconstruction Construction in process 8/26 Council considers proPOsed
New Hope Elementary Change Order #2
r ;; 8/27 Council approved Change
· ~:: Order ~r2
551 Louisiana Avenue '~ 31" Circle Construction in progress
Street Improvements
555 '96 Crack Repair & Seal Coat 919 Council approves final payment
: in the amount of $6,161.49
556 Begin Park Playground Equipment 718 Pre-construction meeting held 9~30 Old equipment removed
559 Hidden Valley Park In-Line Skate 8112 Council table~ a~provai of
Rink plans & specs
560 Park Shelter Roof Repair 7~22 Council rejects one bid 8112 Council awards contract to Project essentially completed
Terra Linda Park received and authorizes re- Hunerberg for $15,400
advertisement with alternates for
several completion timelines
563 Storm Sewer Drainage ~/23 Council accepts Feasibility
7180 42'~ Avenue RePOrt and sets public hearing for
10/28
564 Emergency Vehicle Pre-emption 8~26 Council approves plans ~" 9118 Bids oPened
specs & orders advertisement for 9/23 Council awards bid to Killmer
bids Electric
567 '97 Street Improvement Program 9/23 Presentation made and motion
to have City Engineer prepare
concept rePOrt & conduct
neighborhood mtgs.
ENGINEERING PROJECTS
Third Quarter 1996 Report ~-.~
Progress took place on the following major engineering projects dudng July, August and September:
1. Project ff437, 36th Avenue Railroad Bridge Reconstruction Project- Restoration work
including sod and seed was completed dudng the second quarter and the graffiti on the bridge
has been painted over. At the August 26 City Council meeting, the Council approved a Joint &
Cooperative Agreement between New Hope and Crystal, which also relates to 36~ Avenue Street
Improvements (Project g486).
2. Project #480, 1994 Sewer Improvements . At the July 22 Council meeting, the Council
approved a motion approving the final payment to Penn Contracting, Inc. in the amount of
$7,154.53 for the completion of the sewer improvements.
3. Project #486, Phase II 36th Avenue Street Improvements from Winnetka to Louisiana
Avenues - Dudng the second quarter, the Council approved a ConstTuction Cooperative
Agreement between the City and Hennepin County. Plans and specifications were approved for
Phase 2 of the project and the Council authorized advertisement for bids. Council awarded the
contract for the construction of Phase 2 improvements to CS McCrossan in the amount of
$1,141,503.22. A pre-construction meeting was conducted, a project bulletin was mailed to all
impacted property owners and work began on May 29. Phase 2 improvements include utility
improvements and street reconstruction of 36th Avenue from 400 feet west of Winnetka Avenue
to Louisiana Avenue. New sanitary sewer is being installed between Nevada Avenue and
Louisiana Avenue, and existing storm sewer facilities are being replaced at all the intersections.
Storm sewer flow was redirected at the Winnetka/36th Avenue intersection to alleviate flooding
problems. Also, dudng the second quarter, the City Council accepted temporary construction
easements and permanent drainage and utility easements from property owners at 3600
Maryland Avenue and 7104 36th Avenue. The Council also approved a Statement of Work
Agreement with NSP for design, installation and maintenance of streetlights along 36th Avenue
between Louisiana and Winnetka Avenues. At the July 22 Council meeting, the Council approved
Change Order No. I in the amount of $19,649.50, which bdngs the total contract amount to
$1,161,152.72. The Change Order was for adjustments in the storm sewer design, work
requested by Creamettes through an assessment agreement, and for changes to intermediate
construction completion dates. On August 26 the City Council approved Change Order ~ in the
amount of $13,665.74 to remove a pedestrian bridge and replace it with an earthen berm and
storm sewer changes, bringing the total contract to $1,174,818.46. The Council also approved a
Joint and Cooperative Agreement on this project with the City of Crystal on August 26.
4. Project #498, Northwood Lake Drainage - At the Apdi 8 Council meeting, the Council
discussed revised plans for improving storm water flow through the channel. This issue/project
was presented to the Citizens Advisory Commission at their Apdi 15 meeting and a number of
options were discussed. The meeting was well attended by property owners abutting the park
and opinions vaded as to the degree of improvements that should be made. This matter was
again discussed at a special informational meeting on May 20, at which time a professional
presentation was made by a number of water management experts. Residents were again
encouraged to express their opinions. An update on drainage improvements, water quality and
water quantity options was presented to the Council at the June 24 Council meeting by the City
Manager and the Council recommended that CAC form a task force to further study this issue.
During the third quarter, the CAC continued to study this p~oject with the City Engineer and
' Director of Public Works. · ~
5. Project #499, Surface Water Management Plan - During the second quarter, the Task Force
met on April 17 to review recommendations made by both Watershed Districts. The plan was
revised to incorporate those recommendations and the final plan was submitted to both
Watershed Districts for approval on June 18. The second edition of the Surface Water
Management newsletter was also completed and mailed with the June issue of the City Report.
The plan was approved by the Shingle Creek Watershed Commission on July 11 and by the
Bassett Creek Water Management Commission on September 19. The plan will be presented to
the City Council in October.
6. Project #515, 3.City Joint Water Supply - At the September 23 City Council meeting, a
presentation was made by the Director of Public Works and a resolution passed supporting
General Mills legislation and the pursuit of emergency and alternative permanent water supplies.
7. Project #521, 1995 Street Improvement Project (Area 2) - At the May 13 City Council meeting,
the public headng was held and a resolution adopted regarding the assessment for the street
improvement project. The City Council decided to reduce the amount of the assessment per
lineal foot to $22.12 for residential properties and $33.18 per lineal foot for commercial properties.
At the same meeting, the Council approved Change Order ~2 which provided for the construction
of additional drain pipe in Wisconsin Circle for proper drainage to catch basins. In May and June
the contractor proceeded to work on concrete curb and sod punch list items. Dudng the third
quarter, the sewer service repairs were completed in Wisconsin Circle such that the final
bituminous surface could be completed. Work on sod repair punch list items also continued.
8. Project #527, Cooper High School Street Improvements - At the April 22 City Council
meeting, the Council accepted easements from School District fK281, which included permanent
street, storm sewer, utility and drainage easements and certain temporary construction
easements. The contractor continued work on punch list items dudng this quarter.
9. Project #528, 1995 Backyerd Drainage Project - The majority of the improvements were
completed dudng the fourth quarter of 1995 with punch list items to be finished in 1996. During
the third quarter, the City Engineer indicated that all punch list items had been completed,
therefore, on August 12 the Council approved the final payment for this project to Sunram
Construction in the amount of $6,958.60.
10. Project #~29, 47th Avenue Water Tower Rehabilitation - At the January 22 Council meeting,
the City Council awarded the contract for the 47th Avenue Water Tower Rehabilitation Project to
Odland Protective Coating in the amount of $272,850. A neighborhood informational meeting was
conducted on February 29 to answer questions about the project, and the pre-construction
meeting was held on March 19. A project bulletin was mailed to impacted properties on June 6.
The project included complete removal of the existing paint on the tower, application of new paint,
structural improvements and other miscellaneous upgrades. The project started in June and was
completed in August. All painting and restoration was completed and the tower was put back in
service. Minor punch list work remains to be completed.
11. Project #530, Lighted Field Improvements - During the third quarter, staff continued to deal
with the contractor on liquidated damages and bonding due to the fact that the project was not
completed on time. The contractor continued to work on punch list items and completed fencing
and storm sewer items. Sod, blacktop and retaining wall issues have not yet been resolved.
Games were played on the field in July.
12. Project #536, New Hope Ice Arena Expansion - During the second quarter, work continued
the Ice Arena. A second round Mighty Ducks grant from the Minnesota Amateur Sports
Commission was received in the amount of $250,000 during the second quarter and the City
Council approved the Grant Agreement at the June 24 Council meeting. The Council also
approved a resolution on June 24 authorizing execution of the addendums for the 24 Ice Arena
construction contracts, which incorporated prevailing wage provisions. At the same meeting, the
Council approved nine minor change orders to the project totaling $16,703 and also approved an
agreement with School District #281 regarding ice arena rental for High School teams. The
project is on schedule and will be completed in October, with a majority of the construction work
completed during the third quarter. At the August 12 City Council meeting, the Council approved
additional Change Orders to the Ice Arena contracts. At the September 23 City Council meeting,
the Council approved Change Orders to the Ice Arena contract.
13. Project ~540, 1995 Street Improvement Project (Area 1). At the Apd122 City Council meeting,
a public hearing was held regarding the assessment for Area I of the 1995 Street Improvement
Project. The final assessment rate reduced costs to $22.12 per lineal foot for residential
properties and $33.18 per lineal foot for commercial properties. During the third quarter, work
continued on punch list items for curbing and sodding.
14. Project f1~542, Public Works Remodeling Project - During the second quarter, work continued
on the preparation of plans and specifications for the remodeling of the Public Works building, an
agreement for geotechnical investigation to evaluate subsurface soil conditions was approved,
the Planning Commission and City Council granted the necessary zoning approval for the project
and staff continued to coordinate with Hennepin County for partial funding of the project (ADA
improvements) with CDBG funds. At the September 23 City Council meeting, the Council
approved the plans and specifications and authorized advertisement of bids. The estimated cost
of the project is $589,450. A resolution was approved for Second Addendum to Standard Form of
Agreement between the City of New Hope and Bonestroo & Associates. Also at that meeting, the
Council approved a resolution to enter into a contract with E&V Consultants and Construction
Managers for construction management services in an amount not to exceed $35,000.
15. Project #,544, Storm Water Pond Improvements at 4400 Quebec and Municipal Golf Course
- During the third quarter, work on the punch list items continued. The full course was opened and
playable on August 11. The work on the CCI storm water pond was also completed during the
third quarter. This project should be finaled out before the end of the year.
16. Project #,547, 42nd/Xyfon Avenue Intersection Upgrade - Dudng the second quarter, staff met
with Cemetery officials regarding the appraisal process, appraisers for the Cemetery and the City
were selected, a third independent appraiser was selected, and the appraisers started their work.
During the third quarter, the appraisal process continued and the appraisals will be presented to
the City Council in October.
17. Project #550, New Hope Elementary School Ballfield Reconstruction - During the first
quarter, the Council awarded the bid on the project to the Iow bidder, S.M. Hentges & Sons, Inc.,
in the amount of $173,565 for the New Hope Elementary Ballfield Reconstruction Project. The
School District will reimburse the City $42,155 for storm sewer work. Dudng the second quarter,
the Council approved Change Order #1 for additional storm sewer pipe and catch basins in the
amount of $11,166, which will be paid for by the City. This brings the total contract pdce to
$187,981. During the second quarter, a Pre-const~iOn meeting was held, a project bulletin was
mailed to impacted properties, and work on the project started on June 10. The project will greatly
improve the drainage of the playing fields. At the August 26 City Council meeting, the Council
considered a proposal for additional storm sewer piping in the amount of $5,275. This Change
Order was approved at the August 27 Council work session.
18. Project #551, Louisiana Avenue & 31st Circle Street Improvements - At the February 26
Council meeting, the Council approved a resolution declaring the intent of the City to reimburse
costs of this project with tax exempt debt and complying with the reimbursement bond regulations
under the Internal Revenue Code. At the same meeting, the Council accepted/approved the
Feasibility Report for the project. At the March 11 Council meeting, a resolution was passed
setting the date for the public hearing on the project. At the March 25'Council meeting, the public
hearing on the project was held~ The project involves mill and overlay on Louisiana Avenue and
31st Circle between Medicine Lake Road and 32nd Avenue. Total cost of the project is estimated
at $88,490 with $86,458 being assessed to abutting property owners. Crystal is coordinating the
project, as the street divides the boundary between the two cities. One resident opposed the
project at the public hearing. The Council closed the public hearing and approved a resolution
ordedng construction of the project and preparation of final plans and specifications. Construction
of the project started in mid-September
19. Project #555, 1996 Crack Repair & Seal Coat Project- Dudng the second quarter, the City
Council awarded the contract to Bituminous Roadways in the amount of $135,741.20 for crack
repair and seal coating of City streets between 36th and 42nd Avenues, except County or State
roadways. This work was completed during the third quarter, and at the September 9 City Council
meeting, the Council approved final payment for the work in the amount of $6,161.49.
20. Project f1~56, Begin Park Playground Equipment- A neighborhood meeting was held
regarding this project on April 23 to get input from residents on equipment preferences and
special needs. At the May 28 City Council meeting, the Council approved plans and
specifications and authorized advertisement for bids. At the June 24 Council meeting, the Council
awarded the bid to Odland Construction in the amount of $43,881. The pre-construction meeting
was held on July 8. At that time staff agreed to extend the project completion deadline to
September 30. Due to contractor issues, the work was not completed on time. Construction to
remove the old playground equipment began on September 30. Most of the project will be
completed this fail, however the special padding for the accessible surfacing will not be installed
until spring.
21. Project #559, Hidden Valley Park In-Line Skate Rink - At the August 12 Council meeting, the
City Council tabled the approval of plans and specifications on this project and requested that
staff research alternate in-line skating options and liability issues and report back at a future
meeting.
22. Project #~60, Park Shelter Roof Repaira - Terra Linda Park- At the June 24 City Council
meeting, the Council approved plans and specifications and authorized advertisement for bids.
Bids were opened in July with only one contractor bidding. At the July 22 Council meeting, the
Council rejected the bid and authorized re-advertisement for bids, with alternates for several
project completion timelines. Three bids were received at the second bid opening in August. At
the August 12 City Council meeting, the Council awarded the contract to Hunerberg in the
amount of $15,400. Work was substantially completed by the end of September.
23. Project #563, Storm Sewer Drainage Improvements, 7180 42nd Avenue - At the April 22 City
Council meeting, the Council directed staff to prepare a feasibility report regarding drainage.
issues on the north property line at 7180 42nd Avenue (Lasky PUD development). The propos(
storm sewer would serve this property and adjoining properties. The feasibility report was
presented to the Council at the September 26 City Council meeting and the Council approved a
resolution to hold the public headng on October 28.
24. Project #564, Emergency Vehicle Pre-emption Project - At the August 26 City Council
meeting, the Council approved plans and specifications and authorized advertisement for bids.
Bids were opened on September 18, and on September 23 the City Council awarded the bid to
Killmer Electric Co. in the amount of $61,785.
25. Project #567, 1997 Street Improvement Project - At the September 23 City Council meeting,
staff presented the proposed 1997 Street Improvement Project and Council directed the City
Engineer to prepare a concept report and conduct neighborhood meetings. The areas included in
the 1997 project include: Area 1) - 59~ and Hillsboro; Area 2) - near Hosterman School (56~ and
Zealand); Area 3) - 48~ Circle west of Quebec; and Area 4) - Nevada Avenue and 45~.
26. Project #568, Clean & Televise Storm Sewers in Northeast Comer of City- At the August 12
City Council meeting, the Council approved plans and specifications to clean and televise storm
sewers in the northeast comer of the City and authorized advertisement for bids. At the August
26 meeting, the Council passed a resolution approving a contract with Infratech for this work in
the amount of $7,949.
27. Project #569, Hockey Rink Replacement at Dons Park - At the August 26 Council meeting,
the Council approved a bid from Stewart Lumber for lumber to rebuild the hockey rink at Lions
Park in the amount of $4,900.70. The majority of the work was completed by September 30.
28. Project #570, Liberty Park Hockey Rink Replacement - At the August 12 Council meeting, the
Council approved a bid from Treated Lumber Distribution Company for lumber to rebuild the
hockey rink at Liberty Park in the amount of $5,090.70. Work was nearly completed by the end of
September.
29. Project #~575, Xylon Avenue Street Improvements - At the September 23 City Council meeting,
a presentation was made by the City Engineer on proposed Xylon Avenue street improvements.
The Council directed the City Engineer to prepare a concept report and conduct neighborhood
meetings.
30. Project #~76, Ice Arena Amenities - At the September 23 City Council meeting, the Council
approved bids for goals, nets and pads for the Ice Arena and authorized purchase in the amount
of $2,413. At the same meeting, the Council approved the purchase of one new scoreboard and
two time clocks for the Ice Arena in the amount of $8,460.
Kirk McDonald
Management Assistant/
Community Development Coordinator