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050295 Planning AGENDA PLANNING COMMISSION MEETING OF MAY 2, 1995 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. .. *4.2 4.3 5.1 5.2 7.1 7.2 7.3 CALL TO ORDER ROLL CALL CONSENT ITEMS PUBLIC HEARINGS Case 95-05 RequeSt for Site/Building Plan Review/Approval for Building Addition, 9210 52nd Avenue North, Industrial Tool, Inc./Olson General Contractors, Inc., Petitioner. Case 95-08 Request for Preliminary Plat Approval of C.C.I. Addition, 4400/4500 Quebec Avenue North, Conductive Containers, Inc., Petitioner. Case 95-06 Recommendation/Response to City of Plymouth Comprehensive Guide Plan Major Amendment to Add 130 Acres of the Proposed 161-Acre Wayzata High School Site to the MUSA and Reguide the Entire Site from LAR to LA-l, City of Plymouth, Petitioner. COMMITTEE REPORTS Report of Design and Review Committee Report of Codes and Standards Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Review of Planning Commission Minutes of April 4, 1995. Review of City Council Minutes of March 27 and April 10, 1995. Review of EDA Minutes of March 27 and April 10, 1995. ANNOUNCEMENTS ADJOURNMENT * Petitioners are requested to be in attendance. PC95-05 9210 52nd Avenue ,/ .-"! t -- :" I /? i] MAY PLANNING CASES PC95-08 4400/4500 Quebec Avenue Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW. HOPE PLANNING CASE REPORT 95 -O5 Request for Preliminary Plat Approval of C.C.I. Addition 4400/4500 Quebec Avenue North 08-118-21-33-0074 I-2, General Industrial Conductive Containers, Inc. April 28, 1995 May 4, 1995 BACKGROUND The petitioner is requesting Preliminary Plat approval of C.C.I. Addition, pursuant to Chapter 13 of the New Hope Code. In June of 1994, a company known as Conductive Containers, Incorporated contacted the City and indicated that they were negotiating to purchase the vacant industrial building located at 4500 Quebec Avenue North. CCI currently has a facility in Illinois and 15,000 square feet in Brooklyn Park and the Quebec Avenue building would accommodate the expansion of their manufacturing and office space. CCI was prepared to purchase the building and do significant interior/exterior remodeling. However, a problem existed because the existing site could not accommodate the maneuvering of full-sized semi-tracks with access to the loading docks without utilizing a portion of the vacant lot to the south at 4400 Quebec. Although a number of parking lot redesign ideas were submitted to the City, none were deemed acceptable. The property at 4400 Quebec Avenue was for sale, but CCI indicated they could not afford to purchase the entire parcel to accommodate their trucking needs. CCI came to the conclusion that unless they could meet the City Code requirements in all respects, including truck access, it made no sense for them to purchase the 4500 Quebec Avenue building. The vacant property in question at 4400 Quebec Avenue is identified in the City's preliminary Surface Water Management Plan as a possible future ponding site. The City Engineer met with staff and developed a sketch whereby a future pond could be developed on the southern portion of the property to accommodate the City's storm water needs and the northern portion of the property could be split/combined with the property to the north to address the trucking issues. Staff discussed this with the Council at the August 22nd Council meeting to determine if there was any interest in pursuing the purchase of the vacant property at 4400 Quebec, with the intent of purchasing property jointly with CCI to resolve both trucking and storm water ponding issues. The Council directed staff to prepare a proposal for consideration at a future meeting. Staff met with all parties involved in September and proceeded to have soil borings taken and a wetland delineation prepared. After this information was completed, BCL Appraisals completed an appraisal of the property. At the October 24th EDA meeting, staff further discussed with the EDA if they were interested in pursuing the acquisition of this property jointly Planning Case Report 95-05 2 April 28, 1995 with CCI, with both parties splitting the cost of the acquisition. The City would retain a large easement for a future regional storm water pond and deed the property over to CCI so that the parcel would not be tax exempt. The EDA approved a motion authorizing staff to proceed with the purchase of the property. o The City acquired 4400 Quebec Avenue in February and CCI has agreed to purchase 4400 Quebec from the City, subject to an exclusive and permanent ponding easement as proposed by the City Engineer to implement the City's Surface Water Management Plan. CCI further agreed to replat both 4500 and 4400 Quebec to combine them into a single parcel and dedicate the ponding easement on said plat. The City Council determined that it is in the best interests of the City to sell said property to CCI subject to conditions because the City's Surface Water Management Plan will be promoted at a lower cost to the City and a viable business will be able to relocate within the City on property conforming to all zoning code requirements. 6. City staff agreed to coordinate the platting of the property for CCI, with CCI being responsible for all surveying and platting costs. The property is zoned 1-2, General Industrial, and the purpose of the plat is to combine 4400 and 4500 Quebec Avenue North into one parcel to accommodate maneuvering of full-sized semi- trucks to the loading docks and also to allow the City to use the southern portion of the property for a ponding easement. 8. As per routine policy, the preliminary plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies and Hennepin County for review and comment. o The City Code states that copies of the final plat shall be submitted to the Planning Commission for their review and recommendation, unless this requirement is waived by the Planning Commission during their review of the preliminary plat. The Planning Commission will need to make a determination as to whether it wants to review the final plat or not. 10. Property owners within 350' of the request have been notified and staff have received no comments on the plat. ANALYSIS The total area of the proposed plat is 202,390 square feet or 4.64 acres. The plat has a width of 300 feet on the north and 321.37 feet on the south. The plat has a length of 449.17 feet on the west (Quebec Avenue North) and 447.93 feet on the east (abutting the Soo Line Railroad). The plat combines the two existing parcels into one lot. The lot area and lot width requirements for the 1-2 Zoning District are compared to the plat below: 1-2 Requirement Preliminary Plat Minimum Lot Area = 1 acre 4.64 acres Minimum Lot Width = 150 feet 449 feet The preliminary plat meets the minimum lot area and lot width requirements for the I-2 Zoning District. Planning Case Report 95-05 3 April 28, 1995 The City Engineer reviewed the preliminary plat and made the following comments/ recommendations: A. Drainage and utility easements are properly shown over the south 170 feet for ponding. It is recommended the word "ponding" be included with utility and drainage. It is also recommended an additional 10-foot wide drainage and utility easement be shown along all lot lines (north, east, west) including Quebec Avenue beyond the ponding area. Bo An understanding or agreement is required to allow the City to construct the required ponding. The detail design, cost sharing and construction schedule for public and private site improvements must be coordinated with the future Owner since details for each are not known at this time. The private site improvements must maintain proper drainage from the property to the north to the future ponding area. o The City Attorney reviewed the preliminary plat and made the following comments/ recommendations: A. The City of New Hope is listed as owner and developer. The City at this time owns none of the property. Conductive Containers, Inc. owns the northern parcel, which is legally described as the "South 205' of Lot 1, Block l, Winnetka Hills 2nd Addition." The southerly parcel is owned by Ronald D. Van Essen subject to a purchase agreement with the City of New Hope as buyer. The City in turn has agreed to sell the property to CCI. The closings on the sale of the property from Van Essen to the City, and from the City to CCL have been delayed due to title problems. Since the approval of the final plat will likely be delayed until the City's purchase from Van Essen and subsequent sale to CCI have been completed, the final plat should list Conductive Containers, Inc. as the owner. Evidence of title will not be an issue for the southerly parcel because of the City's recent purchase and sale of the same. However, prior to final approval of the plat our office will need to see evidence of title for that part of Lot 1, Block 3, Winnetka Hills 2nd Addition currently owned by Conductive Containers, Inc. The southerly parcel of property to be platted (part of the existing Lot 5, Auditor's Sub. 324) is subject to two easements, one for utility purposes over the north 15 feet of Lot 5 (Doc. No. 3921273), and a street easement over what is shown on the plat to be a dedication for Quebec Avenue North (Doc. No. 3380311). Nothing further needs to be done about these two existing easements. However, the City also has in place a sanitary sewer line apparently located along the easterly property line of Lot 5 where the same meets the Soo Line Railroad right-of-way. A phone conversation with the Public Works Department indicated that a 10-foot wide easement should be sufficient to protect the City's interests. The majority of the sanitary sewer is protected under the current preliminary plat which shows a proposed utility and drainage easement for most of the southerly parcel. However, there is a gap in the dedicated utility easement along the easterly edge of the southerly parcel. So the final plat should be modified to show at least a 10-foot drainage and utility easement along the entire easterly border of the property. Planning Case Report 95-05 4 April 28, 1995 Several additional labels on the plat should be added, particularly those needed to fully illustrate the metes and bounds description for Parcel 2, including the north, east and west lines of the existing Lot 5. I will note for the record that certain information required by New Hope Ord. § 13.041 is not present on this preliminary plat, including the zoning classification (apparently I-2 for all of the property to be platted), the location and size of the existing sewers, water mains and the like, and typographic data. The Building Official reviewed the plat and had no additional comments besides those already made. A. Drainage and utility easements (10') on the perimeter of the lot would be standard practice for a new plat on "raw" land. "Replats" are the same. B. Several of the illustrated easements are distorted and should be revised "to scale." 6. Hennepin County reviewed the preliminary plat and had no comments/recommendations, as the plat does not abut a County right-of-way. 7. Northern States Power Company responded and indicated that they need a 10-foot utility easement along the east line of the most southerly lot. 8. No comments were received from any other utility companies on the plat. RECOMMENDATION Staff recommends approval of the Preliminary Plat of C.C.I. Addition, subject to the following conditions: 1. Final Plat to incorporate all recommendations/revisions requested by City Engineer, City Attorney, Building Official and NSP. Attachments: Zoning/Topo Maps Preliminary Plat City Attorney Comments City Engineer Comments Building Official Comments Plat Distribution Letter Correspondence to/from CCI City Engineer Memo: Storm Water Plan SUNNYSIOE ,,, NEW HOP~ EL EMETAI~'Y SCHOOL SWIMMING POOL FIRE R.4 GETHSEM&~ CEMETERY I-1 OE?~L CEMETERY LIOIP~ PARK B-4 R-4 1'2 ~17,6 908.? x x 898.2 × I PRELIMINARY PLAT C. C. I. ADDITION 76dl 73rd Avenue No~th Brooklyn Parit, ~ SS428 Phone: 560-3093 Number BI proposed lots - l LoL Area ~ 202,390 Sq. Ft.* All distances are subject to final survey Existing Address: 4400-4SOOQuebecAve. N. Property Descrip:ion: Parcel l: The South 20S.00 feet of Lot [, 81oc~ ~INNETKA IIILLS 2NO AOOITION Parcel 2: That part or Lot 5. "Auditor's Subdivision described as follams: 8eginnimJ at a paint in the East line of Quebec Avemm ~orth. distant [030.~ f~t M~tg, Nort~ line of Rockford Road lofty Road NO. 9) sai~ East 1i~ of ~ Avenue North corres~flds ~th t~ I~ne of the ~est 48.~S feet of Lot as said ~est line of Lot S vis j~icially determined in torrens Sase ~. ~4622; :~ence East parallel .i~ t~ ~ Hne of said Lot S to the East ol said Lot 5: the~e ~or~ alo~ East line ot said Lot S to t~e line of sai~ Lot S; t~ence ~st alo~ the ~ort~ line of Lot S to said ~st li~ of of Lot 5 to an intersection ei~ a line drawn ~est from the point of ~ginning and parallel ~it~ t~ North 1~ of said parallel Hoe to t~e point of ~ginning. Es~oblia.hod la 19~2 LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA O \ \ \ \ 30000 NBg*,ag'ZO"E-- M ~:TAI~ FABRICATORS INC. i l,~ $ BRICK & 8LOCK NO. 4500 -~ 321.37 S 89°49' ZO" w ..... I I Raym~ A. Pra~,~ I,~w~egJ~6743 STEVEN A. SONDRALL MICHAEL R. L.d=LEUR MARTIN P. MALECHA WILLIAM C. STRAiT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 LAVONNE E. KESKE SHARON O. DERBY April 26, 1995 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Nope, MN 55428 RE: C.C.I. Addition Our File No: 99.15044 Dear Kirk: I have reviewed the preliminary plat of C.C.I. Addition as provided by Lot Surveys, Inc. and find it to be in order, except for the following: The City of New Hope is listed as owner and developer. The City at this time owns none of the property. Conductive Containers, Inc. owns the northern parcel, which is legally described as the South 205' of Lot 1, Block 1, Winnetka Hills 2nd Addition. The southerly parcel is owned by Ronald D. Van Essen subject to a purchase agreement with the City of New Hope as buyer. The City in turn has agreed to sell the property to C.C.I. The closings on the sale of the property from Van Essen to the City, and from the City to C.C.I., have been delayed due to title problems. Since the approval of the final plat will likely be delayed until the City's purchase from Van Essen and subsequent sale to C.C.I. have been completed, the final plat should list Conductive Containers, Inc. as the owner. Evidence of title will not be an issue for the southerly parcel because of the City's recent purchase and sale of the same. However, prior to final approval of the plat our office will need to see evidence of title for that part of'Lot 1, Block 3, Winnetka Hills 2nd Addition currently owned by Conductive Containers, Inc. Mr. Kirk McDonald April 25, 1995 Page 2 The southerly parcel of property to be platted (part of the existing Lot 5, Auditor's Sub. 324) is subject to two easements, one for utility purposes over the north 15 feet of Lot 5 (Doc. No. 3921273), and a street easement over what is shown on the plat to be a dedication for Quebec Avenue North (Doc. No. 3380311)· Nothing further need done about these two existing easements. However, the City also has in place a sanitary sewer line apparently located along the easterly property line of Lot 5 where the same meets the Soo Line Railroad right- of-way· A phone conversation with the Public Works Department indicated that a lO-foot wide easement should be sufficient to protect the City's interests. The majority of the sanitary sewer is protected under the current preliminary plat which shows a proposed utility and drainage easement for most of the southerly parcel. However, there isa gap in the dedicated utility easement along the easterly edge of the southerly parcel. So the final plat should be modified to show at least a lO-foot drainage and utility easement along the entire easterly border of the property. Several additional labels on the plat should be added, particularly those needed to fully illustrate the metes and bounds description for Parcel 2, including the north, east and west lines of the existing Lot 5. I will note for the record that certain information required by New Hope Ord. §13.041 is not present on this preliminary plat, including the zoning classification (apparently I-2 for all of the property to be platted), the location and size of the existing sewers, water' mains and the like, and typographic data. Be sure to contact me if you have any questions. S{ncerely, Martin P. Malecha s3w2 cc: Daniel J. Donahue, City Manager Mark Hanson, City Engineer Sarah Bellefuil, Admin. Asst. Steven A. Sondrall, Esq. Bonestroo ri Rosene Anderlik & Associates Engineer~ & Architects April 27, 199:5 MIc~[ ~ RdUtltldrm, I~F. P,~ul J. G~no~, A iA.leff~y J ~':rg~r ~E T~m, ts ~. A:lqlur~(~, A.L~. A. RICk $t;~ml~t, ~F.Le~ M Mg~. ~. FFCIIR~IC J, St~nhor~, ~ M*I~i g. Jem~, r~E. Harlon M, Mr. Kirk McDonald City of New Hope a.401 X¥1on Avenue New Hope, MN 55428 Re: C.C.I. Addition - Preliminary Plat Our File No. 34 Gert (E94-10) We have reviewed the above referenced plat and r~commended the following: Drainage and utility easements are properly shown over the south 170' for pending. It is recornmend~t the word "pending" he included with utility and drainage. It is also rccortm~nded an additional 10' wide drainage and utility easement Ix: shown along all lot lines (north, east, west) including Quebec Avenue beyond the ponding area. An understandin8 or agreement is required tO allow the City to construct the required pending. The detail design, cost sharing and construction schexlul~ for public and private site improvements must be coordinnted with tho future Owner since details for each aren't known at this tin~. The private site improvements must maintain proper drainage from the property to the north to the future ponding area. If you have any questions, please contact this office. Sincerely, BONESTRO0, ROSENE, ANDGRLIK & ASSOCIATES, INC. Mark A. Hanson MAH:rb~I~' 2335 ~Y/est Highway 36 · St. Paul, MN $5113 · 612:636-4600 i~O'd 'OSS~ xg O0~.L~N08 TT£T 9£9 TO: KIRK McDONALD FROM: DOUG SANDSTAD DATE: APRIL 26, 1995 SUBJECT: C.C.L PLAT I have reviewed the preliminary plat for C.C.I. and suggest one improvement and one correction: 1. Drainage and utility easements (109 on the perimeter of the lot would be standard practice for a new plat on "raw" lancL "Replats" are the same. 2. Several of the illustrated easements are distorted and shouM be revised "to scale". I have attached an illustration of the area, for your reference. Whistle, if you have any questions. PLAT )ITION Ne,d ylOll North i~. I~ 55428 531-5100 ue North ~ 55428 ~t l, BloCk 3, .)r's Subdivision ,~inning at a ,)uebec Ave~e t Nor th. ~ne, fro~ the· Ath t~ East t of Lot 5; ~s 5~icially No. t4622; the ~r~ East lt~ , the N~th Mest ato~ ~ ,d ~st I~ of said ~st of ~.h line of said ~ of Established in l~e2 LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA ~urur~rs ~rrtifirutr F.B,N0. SCALE: 1" -40' d ..... $00.00 N89'49'2(~£-- METAL FABRICATORS INC. S BRICK & BLOCK NO. 4500 ~ .... 321.37 S89'49'20"w ..... - ...... DATE: CITY OF NEW HOPE MEMORANDUM April 19, 1995 TO: Hennepin County Public Works Minnegasco Northern States Power Co. U.S. West Telephone King Cable Television New Hope Public Works Superintendent New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer New Hope Building Official FROM: SUBJECT: Kirk McDonald, Management Assistant, Community Development Coordinator Preliminary Plat of C.C.I. Addition Enclosed you will find the Preliminary Plat for C.C.I. Addition, proposed by Conductive Containers, Inc. to combine two parcels of property into one. Please review and return your comments by 4:30 p.m. Wednesday, April 26th. This Preliminary Plat will be considered by the New Hope City Council on May 8th. If you have questions, please feel free to contact me at 531-5119. 4401 Xylon Avenue North New Hope. Minnesota 55428-4898 Telephone: TDD Line: 612-531-5100 612-531-5109 City Hall Fax: #612-531-515 Police Fax: #612-53 Public Works Fax: #612-533-,d5 Febmaryl7, 1995 Mr. Brad Ahlm, President Conductive Containers, Inc. 8601 73rd Avenue North Brooklyn Park, MN 55428 Subject: Purchase and Sale of Property at 4400 Quebec Avenue North Dear Brad: I am writing to update you on the progress the City has made on the acquisition of the vacant industrial property at 4400 Quebec Avenue North. After lengthy negotiations with the property owner, the City has agreed to purchase the site for $120,000. At the February 13th City Council meeting, the Council passed a resolution approving the purchase of the property and authorizing the Mayor and City Manager to execute all documents necessary to complete the closing and acquire the property. At the same meeting, the Council also approved another resolution authorizing the sale of the property at 4400 Quebec Avenue to Conductive Containers, Inc. for $60,000 and authorizing the Mayor and City Manager to execute all necessary documents necessary to complete the closing and sale to CCI. City Attorney Steve Sondrall has informed me that the purchase agreement is in process and he is trying to schedule a closing on the City's purchase of the property for March 1st. He would like to schedule the closing with CCI at the same time, so I would suggest that you contact Steve at 425-5671 to coordinate with him on the closing. I have enclosed copies of the Council resolutions for your information. As you are aware, one of the conditions of the sale is that CCI plat the two properties into one parcel and grant the City a storm water ponding easement with CCI being responsible for the costs of platting. The platting of a property requires an application and Planning Commission and City Council approval. There normally is a $225.00 application fee for platting, but the City Manager has agreed to waive that fee due to the fact that this is a joint venture between CCI and the City. You will be responsible for platting costs, however. You will need to complete the enclosed application and return it to the City when you are ready to proceed with the preliminary and tmal plats. If you want the City to coordinate the platting process for you, let me know and we will be glad to work with you. We routinely solicit quotes for plats from surveyors, take the lowest bid and get the preliminary and final plats prepared. Family Styled City '~~ For Family Living Mr. Brad Ahlm Page 2 February 17, 1995 We are looking forward to CCI moving to New Hope and will be glad to assist you any way we can. Please contact me at 531-5119 if you have any questions. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator KM/prs Enclosures: As Stated CC: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Improvement Project No. 524 June 22, 1994 City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 Dan Donahue: 86~.I 73r': AVE %C='-- '6!2' 5.3%2990 ~'~,X 612 537-!738 Dan, Our company has been, for several months, negotiating to buy the vacant 4500 Quebec building. CCI currently has a facility in Northbrook, Illinois and 15,000 square feet in Brooklyn Park. The Quebec building .would accommodate expansion of our manufacturing and office space, and allow us to bring some of our service group to the New Hope site. We were prepared to buy the building and do significant remodeling of the interior and exterior. We estimate the cost of remodeling to be' $150,000 or more. Our plans included bringing the building up to code for handicap accessibility by eliminating the mezzanine office set-up. The site would be a showcase for our static-protective packaging products which we sell nationally to electronics manufacturers. To sum it up, it is our intention to clean up and beautify a currently dilapidated building. Unfortunately, we have run into a major problem. According to your engineer, Doug Sanstad, full sized semi-trucks cannot access the loading docks without some street maneuvering. Doug has been patient enough to listen to numerous parking lot redesign ideas we have had, but none were deemed acceptable. There is property available next to the building, but the asking price is high $140,000. Even considering the possibility that it 'could be bought for $100,000 or so, (as the property needs soil correction) that would be a lot more money than we could spend to accommodate trucking. We have come to the conclusion, that unless we can meet code in all respects - including truck access, it makes no sense to buy this building. For this reason, I am writing you to determine if there is any way that the city can help us solve our problem. Is there TIF money available that can help us buy the adjacent land? Doug suggested the possibility of some use CONDUCTIVE CONTAINERS INCORPORATED HIGH PERFORMANCE STATIC CONTROL PRODUCTS of the land for ponding. I have no previous experience with buying a building such as this, so I am new to the process. But it would seem beneficial to the city to have a company, such as ours, clean up a property that is vacant and deteriorating. In recent months it has been vandalized more than once. It is not likely that another company will have a remodeling plan that is as extensive as ours. Also, it is doubtful that a building of this size will sell anytime soon without truck access. Dan, I would appreciate any feedback you might have on this issue. Thank you for your time and interest. Sincerely, Brad Ahlm President (612) 537-2090 Bonestroo Rosene A der!ik & Associates Engineers & Architects July 28, 1994 City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 Attn: Kirk McDonald Re: 4500 Quebec Avenue File No. 34GEN Dear Kirk: Attached is a 1" = 50' sketch for the property south of 4500 Quebec Avenue North. As discussed at our meeting it was felt 60' (.42 Ac.) of the 240' width would be combined with 4500 Quebec Avenue. The remaining 180' (1.28 Ac.) would be developed as a ponding area as shown on the attached sketch. The proposed pond provides 4.4 acre feet of storage compared to 11.8 acre feet recommended in New Hope's Comprehensive Surface Water Management Plan. Listed below are the estimated quantifies and cost to construct the proposed ponding area and modifications to the existing storm sewer systems. A new storm sewer is also included to collect drainage from the expanded parking lot. Curb and paving for the new parking lot is not included or upgrading the existing pavement at 4500 Quebec Avenue. Also identified but not included is a new storm sewer along the east line of 4500 Quebec Avenue to 4550 Quebec Avenue. This storm sewer was considered at the time 4550 expanded, however, it was not constructed. COST ESTIMATE Lump Sum Clear Grub @ $4,000/ls 4,000 10,000 CY Excavation @ $6/cu yd 60.000 240 LF 33" RCP @ $50/lf 12,000 60 LF 18" RCP @ $30/1f 1,800 2 EA Std 4' dia MH @ $1,500 ea 3,000 1 EA Std CB @ $1,000 ea 1.000 1 EA 33" RCP Apron @ $1,000 ea 1,000 1 EA 18" RCP Apron @ $700 ea 700 1 EA Outlet Structure @ $7,000 ea 7,000 2.0 AC Seed @ $1,500/Ac. 3,000 Total $93.500 2335 UVest Highway 36 · St. Paul, MN 55113 · 612-636-4600 City of New Hope Page 2 Ju~ 28, I994 Re: 4500 Quebec Avenue The estimated cost not including land acquisition, pavement improvements, and storm sewer extension to 4550 Quebec Avenue is $93,500.00. As noted the major cost is pond excavation (10,000 cubic yards) estimated at $60,000.00 ($6.00/cubic yard). In the event the excavated material can be utilized on another site or disposed of on a nearby site (Sunnyside Park), the cost for pond excavation could be reduced by as much as 50% or $30,000.00. If you have any questions, or require additional information please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:jlm 006 ? ~ 006'. 42' ~.TO MEMORY .... __LANE POND '.': ~ !..~~ --- ' ...... ' 4.. ;.:L:.~ .~ ,, .~ UPPER SC-P4.4 5 ~ * 18' SC-P4.9 24' SC- PS. 19 SC-P5.21 $C5.26 u~ m S~-P5.14 SC5.2 "- I'~ TO MEMORY $c5.23 LANE POND sc~.2.2 ~ 8-'8 0 650 1 300 Scole ;n feet common surface drainage feature in the district is the open channel that travels along the east-west railroad line. This channel continues into Crystal and eventually outlets into the south end of Upper Twin Lake The only problem area identified for District SC-A4 is a channel erosion problem where the two major railroad lines meet. This problem was identified in the 1993 Shingle Creek Water Management Commission Report. Water Quantity Improvements do not appear to be a major issue in this district aside from the channel erosion. The series of water quality ponds discussed below will also provide attenuation of peak flows into Crystal. The channel erosion should be corrected by riprapping the affected areas. Water Quality Improvements in SC-A4 include several 2-cell treatment ponds to reduce the outflow contaminant loads from this large industrial corridor along the railroad lines. Several of the proposed ponds require use of undeveloped areas within the indust~'ial park or unused portions of lots already developed. The overall removal efficiency for this district with improvements in place is 63% with phosphorus concentrations slightly above ecoregion values. Note that Pond SC-P4.10 can be configured in such a way to protect the apparent wetland along the railroad tracks. District SC-A5 is i._o~ated in the east central part of the city just below SC-A4 generally east ot t~oone Avenue and roughly between 48th Avenue North and 40th Avenue North. Only a small amount of the district is in Crystal. Only those areas in Crystal that contributed directly to ponds or analyzed trunks within New Hope were included in the analysis for this report. There are 22 subdistricts in SC-A5. The land use is mixed with the important types being SFR, medium and high density residential, industrial, and commercial. The drainage from this area converges on Fred Sims Park in several trunk systems. From Fred Sims Park, the stormwater passes through a 72" under Louisiana Avenue into Memory Lane Pond in Crystal. Memory Lane Pond is recognized as a sensitive area for stormwater management by the cities of Crystal and New Hope. The proposed improvements are intended to benefit Memory Lane Pond as well as local drainage issues in New Hope. 5-48 System Ana.lysis The_e City of New Hope identified four problem areas inside the city. in district SC-AS. One problem area is street flooding on Xyion Avenue between 45th and 46th Avenues North. The second problem area is on 42nd Avenue North where it crosses the railroad line. The third problem site is on 42nd Avenue North just east of Xylon Avenue The fourth is Fred Sims Park itself due to flooding problems in the park due to flooding in downstream Memory Lane Pond. Water Quantity Improvements in SC-A5 address the various local drainage problems along with the regional problem at Memory Lane Pond for the portion in New Hope contributing to this area. The propose expansion of Ponds SC-PS.12, SC-P5.21, SC-P5.5, and SC-P5.20 as well as creation of Ponds ,SC-P5.19 and SC-P5.14 are designed to reduce flooding problems fit the three local problem areas as well as address the regional problem as Fred Sims Park/Memory Lane Pond. Pond SC-P5.12 should ideally have its present control structure removed and replaced with a 21" orifice at the invert elevation of 895.5'. The change to Pond SC-P5.12 along with other improvements will have a beneficial impact on Crystal's flooding problems. The City, of Crystal should be informed of the proposed improvements. Proposed Pond SC-P5.19 must be designed with an overland route at the HWL elevation to prevent local damage. Appendix C shows the detailed improvements for the above mentioned ponds. ! Along with the pond improvements, some storm sewers must be upgraded to relieve low capacity segments between ponds. The line on 4$th Avenue east of Xylon Avenue will be upgraded to 36" and then 42" pipes to allow 5-year storms to reach Pond SC-P5.12 without flooding. In addition, the trunk on Winnetka Avenue will be blocked at 42nd Avenue North to relieve flows in the 45th Avenue North trunk since the 36" trunk going to the southeast has the capacity for these flows with the upgrade of the small segment of 30" pipe at the 42nd Avenue North/Winnetka Avenue intersection. The proposed pipe changes along with existing trunk capacities are given in Appendix B. .! The Oregon Avenue improvement will require a 27" upgrade. With additional inlet capacity from more catch basins on 42nd Avenue North under the railroad tracks and the 27" on Oregon Avenue upgrade, the stormwater traveling in the streets to the 42nd Avenue North low spot will be minimized and thus lessen street flooding problems here. Some flooding will continue to occur at this intersection, but its frequency and duration should be somewhat less. To bring this area up to design standards would require replacing almost System Analysis 5-49 1700 feet of 42" pipe up to Fred Sims Park. This upgrade would be very costly and would require coor4mation with the City of Crystal. Until the Memory Lane Pond flooding problem has been addressed, no upgrades to the 42" line are proposed. The proposed pipe changes along with existing trunk capacities are given in Appendix B. Water Quality Improvements in SC-A5 are designed to protect the water quality, of the district and Memory Lane Pond as well as the small lakes south of Twin Lakes, Ryan Creek, and eventually Shingle Creek. Ponds SC-P5.12, SC-P5.5, and SC-P5.20 will have their pond area and wet volume expanded for increased stormwater treatment. Ponds SC-P5.19, SC- P5.14, and SC-P5.15 include proposed wet volume excavation to coml~lete treatment of the unponded areas. The high degree of treatment in this district is fortunate since much of the land use is industrial. The proposed 2-cell pond at Fred Sims Park is very important in attaining the desired contaminant removals since several areas, namely Subdistricts SC-A5.17, SC-A5.18, SC-A5.22, SC-A5.15, SC-A5.9, SC-AS.10, SC-A5.4, SC-A5.7, and SC-A5.8 totaling 182.5 acres, cannot be treated prior to Fred Sims Park. With the water quality pond at the park the removal efficiency for the district is expected to be 60% and only slightly higher than ecoregion phosphorus concentrations (20% higher). If the pond were not provided, the outflow phosphorus concentration could expect to be 50% higher than with the proposed pond. The data on the water quality ponds is presented in Appendix D. District SC-A6 is located in the northwestern central part of the city west of Wisconsin Avenue in the southern portion and west of Boone Avenue in the northern portion of the district. It lies roughly between West Research Road and 42nd Avenue North. There are 19 subdistricts in SC-A6. The land use is basically two types, SFR and industrial. There is slightly more acreage in SFR than industrial. Two major wetlands exist in this district totaling about 30 acres. The drainage from this area includes 324 acres that comes from Plymouth. Approximately 257 acres of the Plymouth drainage enters in the south of the district and eventually flows out of New Hope and back into Plymouth from the northern portion of the district along with the other 67 acres from Plymouth and the runoff generated in New Hope. From the exit point in New Hope at the intersection of State Highway 169 and Bass Lake Road the 5-50 System Anal. sis I I I I Table 5.10A - Ranking of Shingle Creek Improvements for water Quantity Priority oescril ion si iiic Raam 1 f SC-A5 Pond & Pipe -~ 1. 42nd Ave. & Winnetka Ave. Improvements j Block N.30" & upgrd. S.E. to 36" --- ~'~ 2. Expand SC-P5.12 & Upgrade 45th Ave. trunk from Xylon to pond 3. Upgrade Oregon Ave. 18" to 27" & add CB's on 42nd Ave. & RR tracks 4. Expand SC-P5.12 ~Create SC-P5.14...~ 5. Create SC-P5.19 2 SC-A7 Boone Ave. flooding 1. Overland from Boone to wetland 2. New 42"/54" pipe south of Rd & CBs 3 SC,A6 Flag/47th Ave. flooding 1. Overland from Flag Ave. to node SC6.3 2. Create SC-P6.3 4 SC-A3 Pond improvements 1. Restrict SC-P3.16 outlet 2. Expand SC-P3.4 3. Create SC-P3.15 4. Create SC-P3.3 5 SC-A2 Pond improvements 1. Expand pond 2. Upgrade outlet pipe to 24"/27" 6 SC-A5 S. Pond improvements 1. Expand SC-P5,5 7 SC-A3 1. Upgrade Bass Lake Rd. 42" to 48" 2. Create SC-P3.9 I 5-56 System Anal. sis I I I I ! ! I ! I II II Table 5.10B - Ranking of Shingle Creek Improvements for Water Quality 1 SC-A1 Pond SC-PI.6A/B 1. Expand SC-P1.0, make 2-cell, large outlet 2. Golf Course BMPs 3. Berm E overland outlet 2 SC-A4 Series of 2-Cell ponds 1. Create SC-P4.10~ P4.4~, P4.8~B, and P4.9~ 3 SC-A6 Nuthent & Sediment 1. Create SC-P6.7~/C & divert pipes Traps 2. Create sedim, traps - SC-P6.14, P6.16. P6.19 3. Create SC-PO.12 4. Create SC-P6.10 4 SC-~ various ~nds in N. 1. Create SC-P5.15~ 2. ~and SC-P5.12 3. ,~eate~ P5.14 % 4. Create 5U-P5.19 5 SC-~ various ~n~ 1. Restrict SC-P3.16 outlet 2. ~pand SC-P3.4 3. Create Sc-P3.15 4. Create SC-P3.3 6 SC-A7 Protect wetland 1. Create SC-P7.8 2. Create SC-P.6 & ~.7 7 SC-A6 Protect wetland 1. Create SC-PO.6~/C 8 SC-~ Prote~ D~ water 1. ~pand SC-P5.5 9 , SC-~treatment ~nd 1. ~pand SC-~.6 10 SC-~ ~nd in Elm Grove Park 1. Create SC-P3.9 5.5.2 Bassett Creek District BC-AI is located in the southwest corner of t~~ty generally west of Boone Avenue and roughly between 27th Avenue North a~venue North. There are 8 subdistricts in BC-AI. The land use is predominantly SFR with some high density residential. System Analys~s 5-57 BITUMINOUS PAVEMENT BITUMINOUS PAVEMENT APPROX~IATE SCALE O' 60' Gl'dE CONSULTANTS. INC. 14000 2~? R(3LRE 2: APPROXIMATE ~ B(XJ~DARES 440O QUEBEC AVENUE ~ HOPE. M~ESOTA CITY OF hEW HOPE JLH SEPT. 94 6ME Project lqo. 4885 Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 95-08 Request for Site/Building Plan Review/Approval for Building Addition 9210 52nd Avenue North 07-118-21-22-0008 I-1, Limited Industrial Industrial Tool, Inc./Olson General Contractors, Inc. April 28, 1995 May 4, 1995 BACKGROUND The petitioner is requesting site/building plan review/approval for a building addition pursuant to Section 4.039A - New Hope Code of Ordinances. Industrial Tool, Inc. is proposing to add an 80' x 125' (10,000) square foot warehouse/ manufacturing/office addition to their existing 20,000 square foot facility. The addition would be added to the rear (east side) of the existing facility. o Industrial Tool, Inc. produces custom automated machines for the auto industry (example: water pumps). The company currently employs 33 employees and it is anticipated that 10 new employees would be added with the building expansion. The property is located at the east end of the 52nd Avenue North cul-de-sac and is located in an I-l, Limited Industrial, Zoning District. Surrounding land uses (north/south/east/west) are all I-l, Limited Industrial, with a wetland located to the east of the site and the Soo Line Railroad right-of-way located directly north of the site. 5. The site is located in Planning District #9 of the Comprehensive Plan which allows for compatible industrial and business developments. 6. The site was zoned General Industry from 1956-1961, at which time it was reclassified as I-1, Limited Industrial. 7. The topography of the site slopes down hill from the railroad tracks towards the southwest and southeast, with a 15' elevation change. o The existing building and the proposed addition meet all setback requirements and performance standards. This is a permitted use in the I-1 Zone and no variances or conditional use permits are necessary. 9. The petitioner states on the application that the request should be granted to allow the logical expansion of an established local business. Planning Case Report 95-08 2 April 28, 1995 10. Property owners within 350' of the request have been notified and staff have received no inquiries regarding this request. ANALYSIS The I-1 Zoning District contains the following special requirements for all Limited Industrial uses: A. Lot Coverage - Not more than 40% of the lot shall be covered by the building. B. Green Area - At least 20% of the lot shall remain as green area. Per the following Land Usage schedule, this development meets the I-1 requirements, with the building lot coverage being 23 % and the green area being 53 %. LAND USAGE Item Original ~ Existing Building 10,000 Sq. Ft. 8 20,000 Sq. Ft. Paving 15,000 Sq. Ft. 11 22,020 Sq. Ft. Green 108,170 Sq. Ft. 81 91,150 Sq. Ft. LOT TOTAL 133,170 Sq. Ft. 100 133,170 Sq. Ft. Per the following "Parking Requirements Schedule," the existing parking lot will be extended to the east to provide for a total of 56 parking spaces, which meets City Code requirements. PARKING REQUIREMENTS Area Sq. Ft./Space Spaces Office - 2,600 Sq. Ft. 200 13 Manufacturing - 7,400 Sq. Ft. 350 21 Warehouse - 5,000 Sq. Ft. 1,000 + 1 6 TOTAL 20,000 Sq. Ft. --- 40 Office - 5,224 Sq. Ft. 300 18 Manufacturing - 9,776 Sq. Ft. 350 28 Warehouse - 15,000 Sq. Ft. 1,500 10 TOTAL 30,000 Sq. Ft. --- 56 The building materials of the addition will match the existing building, with the south wall being corduroy block and the remaining walls being painted concrete block. The addition will include a 16' x 14' overhead door on the south wall. The height of the addition will be two (2) feet taller than the existing building to accommodate an overhead crane. City Department Heads and the Design & Review Committee reviewed the plans/met with the petitioner and the following issues were discussed: exterior lighting, building materials, roof-top equipment, landscaping, existing outdoor storage concerns, trash enclosures, parking lot expansion/curbing, Watershed District submittal, building sprinkling and fire hydrant. Revised plans were submitted by the petitioner as a result of the meeting. Planning Case Report 95-08 3 April 28, 1995 The revised plans include the following details/changes: A. Landscaping - Landscape schedule was submitted showing existing and new landscaping, as listed below: LANDSCAPE SCHEDULE Quantity Size Item New/Existing 3 2"-2 1/2" Gree Spire Linden New 4 4' Black Hill Spruce New 4 4"--8" Maple Existing 8 5"-*10" Ash Existing 1 6" Shubert Choke Cherry Existing 3 12' + Arborvitae Existing 9 Mature Savin Juniper Existing 3 Mature Mueo Pine Existing (Note that new Lindens (3) have been added on the south property line along the parking lot expansion area and the new Black Hill Spruce (4) have been added at the west building frontage.) B. Snow Storage Area - shown at east end of parking lot near wetland, with flat curb. C. Curbing - new curbing to be B612 concrete curbing, except for access to snow ~torage area. D. Roof-Top Equipment - HVAC unit.is shown to be painted. E. Future Hydrant - at southeast comer of parking lot is indicated. F. Exterior Lighting - existing and new exterior wall lighting is shown. The City Engineer has reviewed the original and revised plans and has made the following comments/recommendations: A. The building and parking lot expansion adjacent to a DNR protected wetland warrant review by the Shingle Creek Watershed. Ponding will be required for water quality purposes. All requirements of the Shingle Creek Watershed shall be met. B. Erosion control shall comply with requirements of the City of New Hope and Hennepin County Conservation District. C. Drainage and utility easements are properly shown on the existing plat. Additional easements are not required. RECOMMENDATION Staff recommend approval of site/building plan review/approval to the Industrial Tool, Inc. site, subject to the following conditions: 1. Review and approval of the plan by the Shingle Creek Watershed Commission, with all requirements of the Watershed District to be met. 2. Erosion control to comply with City and County requirements. 3. Completion of all the improvements to the site prior to occupancy of the addition. Attachments: Topo/Zoning/Section Maps Survey Elevations Site Plan Building Details Floor Plan Floor Plan Land Usage Landscape Schedule Parking Requirements City Engineer Comments LIBERTY R-0 VICTORY PARK ST. THERE~ R'4 HO~ITERMAM J~ HIgH CENTER R-4 NORTH RIOG~ CARE CENTER ATHLETIC FIELD HWRD BOUNO COOPER NI~H SCHOOL R.4 InN]AY O~08SqqlH F=] [, ,] >- z 0 C) i,io >~ r~> II ,,,I II Ii F Z m Z / ' ~ii C: :3: m r-' m -I m \ m .-4 INDUSTRIALTOOL' INC.'. ..... 921o' 52ND* AVE.NO.* NEW* HOPE o' MINN.*'* '80~_X' 1 25*_BUILDING'_ADDITION* :OMMEIRCIAL-- INDUSTRIAL CONSTRUCTION ' '~1'0 52ND-'~AVE N ' F-%i~W HOPE MINN ': LANDSCAPE SCHEDULE I ~ PARKING REQUIREMENTS' (/41156, I¢,ooo si~ 15'oo /o 0 0- 0 Bonestroo Rosene Ander. lik & Associates Engineers & Architects Al J 27, 995 Mr, Kirk McDonald City of New Hope ~.401 Xylon Avenue New Hope, MN 55428 Industrial Tool 9210 52nd Avenue Our File No, 34 Gen (E95-8) The above referenced project provides for a 10,000 Kl.iL addition to their building and a 7,000 sq.ft. addition to their parking lot. We have reviewed the site plans and recommend the following: The buildin~ and parking lot expansion adjacent to a DNR protected wetland warrant review by the Shingle Creek Watershed. Pending will be required for water quality pu~oses, A.!i requirements of the Shingle Creek Watershed shall be met. Erosion control shall comply with mquirerremts oftbe City of New Hope and Hennepin County Conservation District. Drainage and utility easen'L-nts are properly shown on the existing plat, Additional easements are not required. If you have any questions, please contact this office. Sincerely, BONESTROO, ROSENI~, ANDERLIK & ASSOCIATF.,S, INC. Mark A. Hanson MAH:rb/~ 2335 ~Y/est Highway 36 I St, paUl, MN 55113 · 61Z-636-46(~0 Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 95-06 Recommendation/Response to City of Plymouth Comprehensive Guide Plan Major Amendment to Add 130 Acres of the Proposed 161-Acre Wayzata High School Site to the MUSA and Reguide the Entire Site from LAR to LA-1 Northwestern Plymouth LAR (Rural Density/Agricultural) City of Plymouth April 28, 1995 May 2, 1995 BACKGROUND The City of Plymouth is requesting Metropolitan Council approval of a major Comprehensive Plan amendment. The purpose of the proposed amendment is to add an additional 31 acres to the City's MUSA (Metropolitan Urban Service Area). This 31 is part of a 161 acre site which Plymouth and Independent School District 284 are proposing to develop as a 3,200 student, four-grade high school and City recreation field. The site is located in the northwest quadrant near the intersection of Highway 55 and County Road 9, old Rockford Road. 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 amendment be notified. The purpose of this notification is to provide potentially affected communities the opportunity to review and comment on the effects of the proposed amendment. (The City reviewed a similar plan amendment for the City of Crystal several years ago.) The A. B. Co review process that has been followed in the past is as follows: Submit amendment to Planning Consultant for review, comment and recommendations. Have Codes & Standards Committee meet with staff and Planning Consultant to review/discuss recommendations. Codes & Standards Committee presents recommendations to Planning Commission. Planning Commission presents recommendations to City Council. Staff responds to Metropolitan Council and City proposing amendment, per City Council action. This amendment was submitted to the Planning Consultant and his recommendations are included in this report. The Codes & Standards Committee was scheduled to meet at the end of April and this item was one of several that was to be discussed, however, staff requested that the meeting be canceled/rescheduled due to a meeting conflict regarding a grant/loan from the Metro HRA. Staff would like to respond to this amendment and not wait another month, therefore, staff is Planning Case Report 95-03 2 March 30, 1995 bringing this matter directly to the Commission. Due to the simple nature of the amendment and the minimal impact on New Hope, staff requests that the Commission consider the consultants recommendations at this meeting. The Planning Consultant has prepared the attached memorandum/comments in review of Plymouth's proposed amendment and the potential impacts to the City of New Hope in relation to New Hope's Community Development Plan. ANALYSIS New Hope Community Development Plan. The Wayzata High School project and corresponding Plymouth Comprehensive Plan amendment do not appear to conflict with the goals and policies of the New Hope Community Development Plan. ISD 284. The proposed high school project is intended to serve Independent School District 284. The City of New Hope is served by ISD 281. Thus, no students in New Hope are intended to be served by the proposed project. ISD 281 might be minimally impacted by the proposed project as a number of students within the district could choose to attend school in ISD 284 through the State's open enrollment program. However, the number of students participating in this program are not anticipated to be significant. Road System Impact. Plymouth staff has concluded that the proposed project will not adversely impact the regional street and highway system. A traffic study, prepared as part of an Environmental Assessment Worksheet, concluded that despite an increase in traffic volumes, there is sufficient roadway capacity to support development of the proposed project. Of importance to the City of New Hope is the impact of the project on traffic volumes of County Road 9 (old Rockford Road) and County Road 47. Both of these roads extend east of the project site and into New Hope. However, staff believes impact to these roadways in New Hope will be minimal or non-existent due to the distance of the site from the New Hope border and the fact that the project is planned to serve few, if any, New Hope residents. Thus, very few trips along these roadways in New Hope are expected to be generated as a result of this project. Sewer and Water Service Capacity. Sewer and water service is not anticipated to be negatively impacted by the proposed project. The City of Plymouth is projecting a waste water average daily flow of approximately 27,000 gallons per day less than originally projected by the Plymouth Sewer Plan for development in this area. Thus, the proposed project reduces demands on the regional sewer system and will not adversely affect New Hope's ability to provide sewer service to its residents. RECOMMENDATION Having completed a thorough review of the proposed Plymouth Comprehensive Plan amendment, staff finds that the amendment will not adversely affect the City of New Hope, its residents, or its adopted goals and policies. This finding is based primarily upon the proposed project's location in northwestern Plymouth and association with Independent School District 284. Staff recommends these findings be approved and forwarded to the City of Plymouth as a response to the proposed amendment. Attachments: Planning Consultant Report Plymouth Comprehensive Plan Amendment TO: FROM: DATE: RE: FILE NO: Kirk McDonald Dan Licht/Alan Brixius 11 April 1995 New Hope - Plymouth Comprehensive Plan Amendment Review 131.00 - 95.04 BACKGROUND The City of Plymouth is requesting Metropolitan Council approval of a major Comprehensive Plan amendment to add an'additional 31 acres to the City's MUSA. This 31 acres is part of a 161 acre site which Plymouth and Independent School District 284 are proposing to develop as a 3,200 student, four grade high school and City recreation field. The site is located in the northwest quadrant near the intersection of Highway 55 and County Road 9, old Rockford Road. The Metropolitan Council requires adjacent cities which may be potentially affected by the proposed amendment be notified. The purpose of this notification is to provide potentially affected communities the opportunity to review and comment on the effects of the proposed amendment. This memorandum is, therefore, in review of Plymouth's proposed amendment and the potential impacts to the City of New Hope in relation to New Hope's Community Development Plan. Attached for reference: Exhibit A - Proposed Wayzata High School Site ISSUES ANALYSIS New Hope Conununity Development Plan. The Wayzata High School project and corresponding Plymouth Comprehensive Plan amendment do not appear to conflict with the goals and policies of the New Hope Community Development Plan. 5775 Wayzata Blvd.- Suite 555 - St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 ISD 284. The proposed high school project is intended to serve Independent School District 284. The City of New Hope is served by ISD 281. Thus, no students in New Hope are intended to be served by the proposed project. ISD 281 might be minimally impacted by the proposed project as a number of students within the district could choose to attend school in ISD 284 through the State's open enrollment program. However, the number of students participating in this program are not anticipated to be significant. ROad System Impact. Plymouth staff has concluded that the .proposed Project will' not adversely impact the regional street and highway system. A traffic study, prepared as part of an Environmental Assessment Worksheet, concluded that despite an increase in traffic volumes, there is sufficient roadway capacity to support development of the proposed project. Of importance to the City of New Hope is the impact of the project on traffic volumes of County Road 9 (old Rockford Road) and County Road 47. Both of these roads extend east of the project site and into New Hope. However, staff believes impact to these roadways in New Hope will be minimal or non-existent due to the distance of the site from the New Hope border and the fact' that the project is planned to serve few if any New Hope residents. Thus, very few trips along these roadways in New Hope are expected to be generated as a result of this project. Sewer and Water Service Capacity. Sewer and water service is not anticipated to be negatively impacted by the proposed project. The City of Plymouth is projecting a waste water average daily flow of approximately 27,000 gallons per day less than originally projected by the Plymouth Sewer Plan for development in this area. Thus, the proposed project reduces demands on the regional sewer system and will not adversely affect New Hope's ability to provide sewer service to its residents. CONCLUSION Having completed a thorough review of the proposed Plymouth Comprehensive Plan amendment, staff finds that the amendment will not adversely affect the City of New Hope, its residents, or its adopted goals and policies. This finding is based primarily upon the proposed project's location in northwestern Plymouth and association with Independent School District 284. Staff recommends these findings be approved and forwarded to thc City of Plymouth as a response to the proposed amendment. 2 EXHIBIT March 22, 1995 CI V PL¥1YIOUTH- TO AFFECTgJ) GOV-I~,NMENT~ UNITS: SUB/F_.CT: COMPREHENSIVE GUIDE PLAN MAJOR AMENDS--TO ADD 130 ACRES OF THE PROPOSED 161-ACRE WAYZATA HIGH SCHOOL SITE TO THE MU'SA AND REGUIDE THE ENTIRE SITE FROM LAR TO LA-1 Enclosed pease find your copy of the subject plan amendment which is sent to you for your review in accordance with the Metropolitan Council's Guidelines for Reviewing Local Comprehensive Plan Amendments. Please do not hesitate to call if questions arise. Sincerely, Anne W. Hurlbun, AICP Community Development Director We Listen o We Solve o We Care 3400 PLYMOUTH BOULEVARD · PLYMOUTH, MINNESOTA 55447 · TELEPHONE (612) 550-5000 INFORMATION SUBMISSION FOR MAJOR COMPREI~NSIVE PLAN AMENDMENTS This summary worksheet must be filled out and submitted to the Metropolitan Council with a copy of each proposed minor comprehensive plan amendment. A major comprehensive plan amendment is defmed as: A complete revision, update, or rewrite of an existing comprehensive plan in its entirety. 2. A major revision, update, or rewrite of a chapter or element of an existing comprehensive plan. 3. A new chapter or element of an existing comprehensive plan. An amendment triggered by a proposed development that requires an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (ELS), as def'med in Minnesota Rules 1985 Parts 4410.4300- .4400, and is consistent with the existing comprehensive plan, or A change (land trade or addition) in the urban service area involving 40 acres or more. Please be as specific as possible, attach additional explanatory materials if necessary. If a staff report was prepared for the Planning Commission or City Council, please attach it as well. GENERAL INFORMATION Ao Sponsoring governmental unit City of Plymouth Name of local contact person Anne I-Iurlburt Address 3400 Plvmouth Boulevard, Plymouth, MN 55447 Telephone (612~ 550-5059 Name of Preparer (if different from contact person) Barbara Sennes$ Date of Preparation 3/21/95 Name of amendment Wayzata High School/City Pla_~eld Description/Summary 1SD 284 and the City of Plymouth are Proposing to _Jointly develop a 161-acre site in northwest Pl_vmouth for a 3,200 student. 4-grade high school and a city playfield. Presently all but 31 acres of the site are located outside the Metropolitan Urban Service Area ¢VIUSA). In addition to the MUSA adjustment, the entire site needs to be reguided from LAR (Rural Density/Agricultural) to R-lA (Low Density Residential). Co Do Please attach the following: 1. Five copies of the proposed amendment. 2. A city-wide map showing the location of the proposed change. 3. The current plan map(s) indicating the area(s) affected, if the amendment triggers a map change. 4. The proposed plan map(s) indicating the area(s) affected, if the amendment triggers a map change. What is the official local status of the plan amendment? (Check one or more as appropriate.) X Acted upon by Planning Commission (if applicable) on 3/8/95 X Approved by governing body, contingent upon Metropolitan Council review, on_3/21/95 Considered but not approved by governing body on Other Eo 1SD 270 ISD 278 ISD 279 Indicate what adjacent governmental units affected by the change have been sent copies of the plan amendment and the date(s) copies were sent to them. Notification of affected adjacent governmental units is required for major plan amendments. ISD 281 ISD 883 ISD 284 ISD 879 Copies were sent on March 22, 1995, Cities of Brooklyn Park, Maple Grove, Corconm. Medina. Orono, Wayzata, Minnetonka. St. Louis Park, Golden Valley New Hope. Hennepin County Because of the comprehensive nature of most major plan amendments, a summary checklist is attached to help ensure that the amendment is complete for Council review and to determine whether the proposed amendment is consistent with the metropolitan systems plans or other chapters of the Metropolitan Development Guide. Please indicate whether the amendment affects the following factors. Where it does, the materials submitted must fully address the issue(s). II. IMPACT ON REGIONAL SYSTEMS A.. Wastewater treatment 1. Change in City's year 2000/2010 flow projections. ~ No/Not applicable. X Yes. What will be the net change? How were these calculated? 27,000 gallons per day less than CSP indicates. See Question 19C in attached EAW. When the City revises its CSP later this year, these changes will be reflected. Actual flow in the affected sewer trunk is being measured by Wastewater Services and will be available the first week in April. 2. Community discharges to more than one metropolitan interceptor? X No/Not applicable Yes. Indicate which interceptor will be affected by the amendment and what will be the net changes in flow. B. Transportation See attached traffic study (Appendix in EAW). Relationship to Council policies regarding metropolitan highways. X__ No/No applicable Yes. Change in type and intensity of land uses at interchanges and other locations within a quarter mile of the metropolitan highway system? X__ No/Not applicable Yes. Impact on existing trip generation rates. __ No/Not Applicable. X Yes. Capacity or road network to accommodate planned land use(s) (including metropolitan interchanges). __ No/Not applicable X Yes. Impact on transit and parking strategies. ~ No/Not applicable. X Yes. Does the proposed amendment obtain any changes to the functional classification of roadways? (These changes require Transportation Advisory Board (TAB) review.) X No. ~ Yes. Describe which roadways. Aviation Impact on regional airspace. ._X No/Not applicable. Yes. Impact on airport search area. X__ No/Not applicable Yes. Consistency with guidelines for land use compatibility with aircraft noise. X__ No/Not applicable Yes. De Consistency with the long-term comprehensive plan for an airport in the vicinity of the community or proposed development. X__ No/Not applicable Yes. Recreation Open Space. 1. Impact on existing or future federal, state or regional recreation facilities. X__ No/Not applicable Yes. Ill. IMPACT ON METROPOLITAN DEVRI.OPMENT AND INVESTMENT FRAMEWORK A. Land use. 1. Describe the following as appropriate: eo Size of affected area in acres 161 Existing land use(s) Agricultural, open Proposed land use(s) High School, Athletic Facilities, open (nature preserve) Number of residential dwelling units and types involved N/A Proposed density N/A Proposed square footage of commercial, industrial or public buildings 487,000 square feet Change in the City's population, household, or employment forecasts for 2000, or any additional local staging contained in the original plan. X__ No/Not applicable Yes. C. Change in the urban service area boundary of the community. No/Not applicable. Yes. D. Change in the timing and staging of development within the urban service area. X__ No/Not Applicable. Yes. IV. IMPACT ON HOUSING A, Impact on the supply and affordability of housing types necessary to serve persons at different stages in the life cycle. X__ No/Not Applicable. Yes. B. Impact on the supply and affordability of housing types necessary to serve persons at varying income levels. __X No/Not Applicable. Yes. C. Impact on the community's numerical objectives for low- and moderate- income, modest-cost market rate, and middle- and upper-income housing units. X__ No/Not Applicable Yes. WATER RESOURCES A. Does the plan amendment affect a Minnesota Department of Natural Resources or U.S. Army Corps of Engineers protected wetland? If yes, describe type of wetland affected and show location on a map. X Yes. See Table 12-1 in attached EAW. No. B. Will the wetland be protected? X__ Yes. Describe how. See Question 12 in attached EAW. __ No. Explain why not. C. Will the plan amendment result in runoff which affects the quality of any surface water body? If yes, identif~ which ones. X Yes. Elm Creek ~ No. Explain why not. D. Will the water body be protected? X__ Yes. Describe how. See Question 1 $ in attached EAW. No. Explain why not. IMPLEMENTATION PROGRAM A. Change in zoning, subdivision, on-site sewer ordinances, or other official controls. __ No/Not Applicable. X__ Yes. The site will be rezoned from FRD (Future Restricted Development) to R-lA (Low Density Single Family Residence). (codes/zoning/cpa94131 ) Z ELM CR GOLF N N ( A i NEW Z ELM C GOLF I N N [ A I Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the ch'scharge may affect a lake, consult "EA W Guidelines" abou~ whether a nutrient budget analysis is needed.) All wastewaters produced on site would be treated by the local sewage system (see Item 19c below). As described above, treatment of science lab and cleaning materials would entail diluting them prior to flushing. Supplemental Answer to Question Al. 19. c. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. The sewage system connected to the Wayzata High School facility and the proposed park building would connect to a proposed future ten-inch sewer line from the south. This ten-inch line would continue south along Peony Lane and will serve the Soo Line West Development as well before connecting with a proposed twelve-inch trunk sewer line that will run along Old Rockford Road. The City of Plymouth has concluded that sufficient sanitary sewer and water capacity Is available to serve the proposed facility. The proposed high school at full develdpment would generate about 64,000 gallons per daY. In the short term (five years), this flow would amount to 50,000 gallons per day. The City's Comprehensive Sewer Plan shows an average dally flow of almost 20,000 gallons for the portion of the site already within the MUSA (31 acres). In addition, the Plan shows an average dally flow of 108,000 gallons for the 72 acres Immediately south of the high school site. However, since the Plan was prepared, the City Council has regulded this site from industrial to residential and It will act on a proposed 11&unit single family development for this site on March 7, 1995~ Projected flow from the 118 homes Is 37,120 gallons per day, 70,880 gallons per day less than the Plan shows. Overall, the projected flows from the entire high school site and the area Immediately south of the site are roughly 27,000 gallons per day lower than the Clty's Sewer Plan provides for. 20. Ground Water - Potential for Contamination a. Approximate depth (in feet) to ground water: 4.5 minimum; 4.5 to 15 average. b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. None of these site hazards to groundwater are known to exist at the site. c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. The only toxic or hazardous materials which could pose a concern for contamination of groundwater would be herbicides and fertilizers used on the grounds and fuel oll which would be stored in underground storage tanks on-site. The school dlstrlcfs application of herbicides Is contracted through vendors, so very little would be stored on site. Vendors would follow conventional application procedures to minimize excess application of these materials and to 19 Answer to Question liB MEMORANDUM TO: COPIES TO: FROM: DATE: SUBJECT: Fred Moore, City of Plymouth Carl Ohm, Metropolitan Council Dan Lutenegger, Barton-Aschman Craig Paul, Wayzata High School Barb Senness, City of Plymouth Matt Brown, Barton-Aschman March 3, 1995 Traffic Analysis for the Wayzata Senior High School INTRODUCTION Independent School District #284 is proposing to relocate the existing Wayzata Senior High School from its current location at 305 Vicksburg Lane in Plymouth, to a new. building located off of Peony Lane to the north of Trunk Highway 55. The existing school on Vicksburg will continue to have an educational function as a middle school. The new high school, to be constructed in the northwest quadrant of Peony Lane and the Soo Line Railroad, is to consist of 487,000 square feet and will ultimately be one of the largest high schools in the state. The school will have the capacity to accommodate 3,200 students in grades nine through twelve as well as 275 faculty and staff members. It is expected that the school will be available for occupancy in the fall of 1997. At this time, enrollment is expected to number around 2,350 students with 235 faculty and staff. The school will also have a community education function and recreational facilities including a 4,800-seat stadium which will be available for municipal uses. The new high School will have a single main entrance for all student, faculty, and staff members which will be located directly off of Peony Lane. Approximately 1,419 parking stalls will be available on-site for students and staff. A secondary entrance north of the school will primarily serve bus traffic and provide access for certain student programs. The secondary entrance may potentially be open to limited vehicular traffic during special events. PURPOSE The purpose of the traffic analysis is to determine the impacts resulting from the proposed high school under 1997 A.M. and P.M. peak hour conditions, as well as to identify any necessary improvements on adjacent roadways and intersections. A.M. peak hour conditions using 2015 traffic projections will be evaluated also. The analysis results will provide the necessary foundation from which to conduct the air quality and noise analysis to be provided in the Environmental Assessment Worksheet being conducted for the high school. EX/STING CONDITIONS State Trunk H£ghway 55 (TH 55) is a four-lane divided roadway classified as an "intermediate arterial" in the City of Plymouth's Transportation Plan. TH 55 serves as a major commuter route for the Twin Cities, and Minneapolis in particular. Traffic is heavily directional during the peak commuter periods. Average daily traffic (ADT) volumes are on the order of 21,000 vehicles per day along TH 55 at its intersection with Peony Lane. Old Rockford Road (CR 9) is a major collector with a two-lane paved cross-section. CR 9 travels east-west and intersects with Peony Lane north of TH 55. The speed limit along Old Rockford Road is currently 50 mph at the intersection. ADT on Old Rockford Road is approximately 3,500 vehicles east of Peony Lane. County Road 47 (CR 47) is classified as a major collector and has a two-lane rural cross- section. CR 47 has an east-west alignment and travels from east of 1-494 to CR 101. Average Daily Traffic on CR 47 is approximately 1,700 vehicles per day at its intersection with Peony Lane. Peony Lane is currently a two-lane road and is classified as a minor arterial North of Old Rockford Road, Peony Lane has a gravel surface and a primary function of residential and agricultural land access. ADT north of Old Rockford Road is estimated at 200 vehicles per day. Peony Lane is paved south of Old Rockford Road and junctions with TH 55 at a signalized intersection. The south leg of CR 101 is located opposite Peony Lane across TH 55. County Road 101 (CR IOI) is a two-lane minor arterial located opposite TH 55 from Peony Lane. Current ADT along CR 101 is approximately 6,200 vehicles. PLANNED IMPROVEMENTS The City of Plymouth's Capital Improvement Program (1990-2015) Contains the following planned improvements: Short Term (throUgh 1997) The City of Plymouth has indicated that Peony Lane will be improved to a four-lane paved section from the intersection with TH 55 northward to the high school/Schraidt Lake Road (proposed) intersection. The intersection of Peony Lane and the Soo Line tracks will be grade-separated during the reconstruction. North of the site, Peony Lane will be paved with a two-lane rural cross-section and will extend to CR 47 near Lawndale Lane. The relocation of CR 9 opposite CR 24 is under construction and will be completed this year. Long Term (1997 to 2015) Local long-term improvements include upgrading CR 101 south of TH 55 to a four-lane cross- section. Peony Lane north of the site will be upgraded to a four-lane section and function as a minor arterial. Peony Lane will most likely be placed under Hermepin County jurisdiction at this time as CR 101. Schmidt Lake Road will be extended from Vicksburg Lane to Peony Lane to end opposite the proposed high school driveway. 2 TRIP GENERATION The number of vehicle trips which will be generated by the relocated Wayzata Senior High School were estimated using trip generation rates published in the Institute of Transportation Engineers (ITE) Trip Generation, fifth edition, 1991. This source is the industry standard reference for estimating traffic generation characteristics for various development types. Trip generation estimates for the high school under initial occupancy (1997 w/2,400 students) and capacity (2015 w/3,200 students) conditions are specified in Table 1. TABLE 1 TRIP GENERATION PROJECTIONS FOR THE WAYZATA SENIOR HIGH SCHOOL P.M. Peak Hour A.M. Peak Hour Daily (4:30-5:30 P.M.) (7:00-8:00 A.M.) Size Unit Rate I Trips Rate I Trips I In/Out Rate Trips I In/Out 2,400 Students 0.936 2,247 0.08 192 56/136 0.41 984 669/315 3~200 Students 0.779 2~492 0.08 256 74/182 0.41 1312 892/420 As the Table indicates, the highest hourly trip generation will occur during the A.M. peak period from 7:00 to 8:00 A.M. During this period, the traffic generated by the school includes staff and student arrivals, student drop-offs, and bus activity. Traffic generation during the P.M. peak hour of adjacent street traffic (4:30 to 5:30 P.M.) will be much less, at approximately 200 trips. Based upon the trip generation results, it has been determined that the A.M. peak hour traffic impacts will be most critical. During this period, the traffic generated by the high school will be at its highest levels and will coincide with the weekday A.M. commuter rush- hour, particularly along TH 55. If the traffic generated by the high school can be accommodated during the A.M. time period, then it will likely not cause problems at other times during an average weekday. Special event trip generation, such as for football or commencement exercises, will be addressed later in this report. TRIP DISTRIBUTION The directions of approach and departure for site-generated traffic are a function of the population distribution within Independent School District #284 (ISD#284) and the perceived travel times along the various routes to and from the site. Areas within the district which have a high population concentration will tend to generate a higher proportion of site traffic than will areas with lower concentration. In addition, traffic generated by the site will typically travel along the path with the lowest perceived travel time. With this in mind, ISD #284 was sub-divided into smaller "zones" based upon the Metropolitan Councirs regional zone system. The population by zone is then readily available based upon Metropolitan Council projections. The trips per zone were estimated based upon the population. Summation over the entire district results in the final directional distribution at the local level. A summary of the directional distribution for 1997 and 2015 conditions is contained on Figure 1. As the figure shows, the majority of traffic will be to/from the south and east along TH 55, CR 101, and Schrnidt Lake Road (2015). TRAFFIC ASSIGNMENT Once the trip generation and distribution have been identified, the trips are assigned to the local street and intersection network. The assignment has been conducted for peak period and daily analysis under two future year scenarios. The 1997 scenario includes the following assumptions: 2,400 students enrolled at the high school 40 buses arriving in the A.M. peak hour Peony Lane upgraded to a four-lane cross-section south of the main entrance Peony Lane realigned and paved as a two-lane rural section north of the school site to CR 47 Peony Lane/Old Rockford Road unsignalized with stop control on Old Rockford' Road 40 mile per hour speed limit on Peony Lane CR 9 east of the site re-aligned to TH 55 opposite CR 24 The 1997 site-generated traffic forecasts for A.M. and P.M. peak hour time periods are contained on Figure 2a. The 2015 scenario includes the following assumptions in addition to those listed above: Peony Lane upgraded to a four-lane undivided cross-section north of the school site through CR 47 and into Maple Grove with a minor arterial classification No access from Old Rockford Road to TH 55 west of Peony Lane Schmidt Lake Road will be constructed from Vicksburg to Peony Lane and will end at a signalized intersection opposite the school site driveway CR 116 upgraded to a four-lane facility TH 55/Peony Lane an at-grade intersection (this intersection may eventually become grade-separated beyond the year 2015) CR 101 south of TH 55 upgraded to a four-lane cross-section All other roadway improvements included in the Plymouth Transportation Plan The 2015 site-generated traffic forecasts for the A.M. peak hour are contained on Figure 2b. TRAFFIC PROJECTIONS The 2015 A.M. peak hour post-development traffic projections include the assumptions listed in the previous section and are based on ADT projections provided to Barton-Aschman by the City of Plymouth. In addition to the infrastructure assumptions, the ADT projections assume full development within the City of Plymouth and partial development of Maple Grove, Corcoran, and Medina. Peak hour turning movements have been derived based upon these ADT projections using existing traffic projections and a pivot-point analysis. Post- development peak hour traffic projections are displayed on Figures 3a and 3b. ADT projections are contained on Figure 4. 4 ~ C.R. 47 I,EGEND /1997 Dire~o~l Dis~ibufion (%) ~ ~ 2 ~ '~ 2015 Dire~oml Di~ibufion(%) ~ ~ DIRECTIONAL DISTRIBUTION WAYZATA ~GH SCHOOL EAW PLYMO~H, M~SOTA FIG~E 1 (o) ~ _ ~ 2o (~) ... .; >, . ~k ~ ............ ~ s~ ~ .................................. ~ ~ ~ ................ ~.~.~. .................................... i~ ~ ~'~o~~, ,,~,o, ' ................ 294 (25) !,,ECEND t ~ ~M. PE~ IIOUR 99 (99) = P.M. PE~ ilOUR ~ I 1997 S ITE-GENERATED TRAFFIC VOLUMES WAYZATA HIGH SCHOOL EAW PLYMOUTH, MI~ESOTA FIGU~ 2A ~TON-ASCHMAN ASSOCI~TESs INC ...' ~ 63 ~ ~ 124 ~ ~ ............ ~sm ..~ .................................................................... 2015 SITE-GENERATED T~FFIC VOLUMES WAYZATA HIGH SCHOOL EAW PLYMOUTH, MI~ESOTA FIGU~ 2B 8AATON-A$CHMAN ASSOCIATES, I~. cAPAcITY ANALYSIS A capacity analysis has been conducted at each of the intersections impacted by the additional traffic generated by the high school in order to ascertain their post-development level of service. This includes the following intersections in particular: TH 55/Peony Lane Peony Lane/Old Rockford Road Peony Lane/Main Driveway/Schmidt Lake Road Peony Lane/CR 47 (2015 only) The following local intersections are not deemed to be impacted by the school traffic given the magnitude of additional traffic forecast to pass-through the intersection: TH 55/Old Rockford Road Peony Lane/CR 47 (1997 only) In addition, a preliminary review of the 2015 post-development traffic projections indicate that the Peak Hour Volume Warrant criteria for installing a traffic signal contained in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) will be met at the intersections along Peony Lane at Old Rockford Road, Schmidt Lake Road, and CR 47. It has been assumed for the purposes of the capacity analysis that each of these intersections will be signalized at some point prior to 2015. A summary of the LOS results are contained in Table 2. TABLE 2 SUMMARY OF PEAK HOUR LEVEL OF SERVICE RESULTS 1994 1997 2015 Existing Conditions Post-Development Post-Development Intersection A.M. P.M. A.M. P.M. A.M. Peak Peak Peak Peak Peak (W/Improvements) TH 55/Peony Lane B C C C D Peony Lane/Old A* A* F* C* C Rockford Road Peony Lane/Schmidt N/A N/A E* A* D Lake Road/WHS Peony Lane/CR 47 A* A* N/A N/A B *=Unsignalized N/A=Not Evaluated The results of the capacity analysis show that intersection LOS at TH 55/Peony Lane will be satisfactory for 1997 post-development conditions. With the improvements of Peony Lane to a four-lane cross-section and the concurrent improvements to CR 9, it is recommended that the stop control be changed from the Peony Lane approaches to the Old Rockford Road 8 C.R. 47 :. ...' ...' o.O o /. (~) 13 i ......................... ~ i (130) 302 / ~ ~ /~. / [ [ ................... / ~ ~ ~ ............. S~ ~ / ~ ............................. ~ ~ ~ ...................... i.~..~.~ -.~.~ ................................................ ~ ~ ~ (2)20 . 119(20) ~ ~ ~ (90) 151~ ~ · 66(172) ~ X ~ .............................. ~ ~"' '~W ~ 299 (45) (461) 1736 ~ ~ 352 (1556) I,EGEN~ 99 -~M. PE~ IIOUR (99) = I~M. P~ IIOUR 1997 POST-DEVELOPMENT T~FFIC VOLUMES WAYZATA HIGH SCHOOL EAW PLYMOUTH, MI~ESOTA FIGU~ 3A 8ARTO~ASCHM~ ASS~IATES~ ~ 37 ~ ~oo 63 ~ ~ 124  ~ ~ SCIIMIDT ~KE ROAD ....... 347 I 408 ~e%~ 1830 ~ ~620 2015 POST-DEVELOPMENT T~FFIC VOLUMES WAYZATA HIGH SCHOOL EAW PLYMOUTH, MI~ESOTA F[G~ 3B BARTON-ASCHM~ ASS~IATES. INC  [3000] 0900) ~ C.R. 47 1700 ..' :.' i ............ i SITE i sC~MmT~ ~o^~ 00oI ~ NORTH %% 199l * 2015 POST-DEVELOPMENT ~D.T. ~ AVENGE DAILY T~FFIC PROJECTIONS WAYZATA HIGH SCHOOL EAW PLYMOUTH, M~ESOTA FIGU~ 4 BAgTON-ASCHMAN A$$~IATES~ lNG app~'oaches. This will minimize the queuing of northbound vehicles along Peony Lane, expected to occur during the A.M. peak hour. Minor street movements at the intersection of Peony Lane and Old Rockford Road will experience a LOS F (long delays) condition. However, the relocation of CR 9 to CR 24 will provide an attractive route for traffic destined to and from TH 55, allowing them to bypass this intersection. Traditional Highway Capacity Manual methodology has indicated that critical movements at the intersection of Peony Lane and the school driveway will operate at LOS E conditions during the peak hour as an unsignalized intersection. However, the options to control this intersection are limited. The high number of northbound left-turning vehicles in the A.M. peak hour indicate dual turning lanes are needed. One option would be to stop-control the north and west approaches and allow the south approach to operate free-flow. Lengthy delays will likely occur with this option, particularly for minor street left-turning traffic. In addition, the dual left-turning movement is traditionally controlled with protected signal phasing. A second option is to stop the west approach and provide a single left-turn lane northbound. This will result in abnormally long queue lengths which may extend beyond the Old Rockford Road intersection during sharp demand peaks. Undoubtedly, this configuration will result in drivers bypassing the left-turn lane queues and turning into the site from the through lanes. It is our recommendation that a signal be considered at this location in order to adequately and safely control the large number of left-turning vehicles during the A.M. peak period. The signal could operate as a three-phase signal allocating green time to each of the three approaches in turn. This would allow for dual left-turn lanes northbound or, potentially, a left-turn lane and a shared left-turn through lane northbound. The analysis conducted at this time does not indicate that the signal will meet the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Volume Warrant for signalization. However, given the nature of the development, a substantial peaking of the driveway traffic may occur. This would effectively raise the equivalent hourly volume to where peak hour signal warrants may be met. Other warrants could be met and it is recommended that this intersection be monitored periodically to determine if this is the case. The year 2015 analyses have indicated that improvements will likely be required to accommodate projected demand while maintaining appropriate intersection levels of service. A listing of the expected improvements follow: Traffic signals along Peony Lane at Old Rockford Road, Schmidt Lake Road, and CR 47 Dual left-turn lanes eastbound and westbound on TH 55 at the intersection with Peony Lane Dual left-turn lanes northbound and southbound on Peony Lane at Schmidt Lake Road With the addition of these improvements, the intersections will operate acceptably during peak hours. 12 QUEUE LENGTH ANALYSIS A comparison was made between the maximum predicted queue lengths and the available intersection spacing to determine if adequate storage will exist to accommodate queued vehicles. The results of the analysis for the 2015 A.M. peak hour are contained in Table 3. TABLE 3 SUMMARY OF 2015 A.M. PEAK HOUR QUEUE LENGTH ANALYSIS* Intersection Approach Estimated Estimated Available Maximum Queue (ft) Spacing (ft) TH 55/Peony Lane North 410 650 East 310 500+ South 340 500+ West 800 1000 Peony Lane/Old Rockford North 310 500+ Road East 260 500+ South 310 400 West 260 500+ Peony Lane/Schmidt Lake North 290 500+ Road]WHS Driveway East 390 500+ South 430 500+** West 250 250 Peony Lane/CR 47 North 370 400 East 110 400 South 250 400 West 330 400 *Assumes improvements outlined in previous section ** Vehicles will queue back onto grade separation with the Soo Line tracks Based upon available intersection spacing estimates, no spillback conditions are anticipated. 13 ADDITIONAL ISSUES Site Circulation The site entrance and on-site circulation roads must be designed in order to adequately accommodate the heavy inbound movements during the A.M. peak hour. Two inbound lanes should be provided at the Peony Lane entrance and carried onto the site an adequate distance to clear left-turning vehicles from the Peony Lane intersection. Likewise, two outbound lanes will be required in order to accommodate existing traffic. Bus Traffic The high school is predicted to be serviced by approximately 40 buses based upon data received from the school district. It has been assumed that nearly all bus traffic will originate from-the south and east in the more-distant and populous areas of the City of Plymouth. As the bus traffic will all enter and exit via the bus corral entrance to the north, no complications are expected, provided the design of the intersections and on-site bus corral are sufficient to accommodate the turning radius and operational, characteristics of school buses. Special Events / Community Events As discussed previously, the high school will have a number of activities outside of normal" school hours. These include community education and recreational activities. The community education functions will typically occur during weekday evenings. Traffic generation for these functions are expected to be much less than during the normal high school hours. Information regarding hours and enrollment for community education have not been reviewed at this time, but intuitively this type of weekday evening activity is not expected to cause traffic problems given the lower levels of background traffic and low levels of site-generated traffic. The City of Plymouth Will also be holding recreational sporting activities at the Wayzata Senior High School. These activities are expected to occur primarily during weekend hours and will include city youth and adult leagues. Trip generation levels will be lower than weekday A.M. levels and more evenly distributed throughout the day. AS such, it is not anticipated that these events will greatly impact traffic operations. High School Football / Commencement Trip generation for the high school during football games, commencement, and large track meets will be significant. Available data regarding trip generation for these types of events is sparse resulting from the relatively few times per year they occur. However, for football games a worst-case situation can be estimated assuming the 4,800-seat stadium is at capacity. The total number of vehicles generated can then be estimated by applying an auto occupancy rate of 2.8 persons/vehicle resulting in approximately 1,710 vehicles. This translates into approximately 3,400 trip ends from (6:30 to 10:00 P.M.) on a Friday evening. An intersection-level analysis has not been conducted at this time to determine the impacts of football games and other special events on the Peony Lane intersections, given the infrequency of these events. Additional mitigation measures may be necessary prior to and 14 immediately after the events in order to safely and efficiently move vehicles to and from the school. These could potentially include manual direction of traffic, pre-emption of traffic signals, and placement of traffic control barriers. Potential for opening the bus corral entrance to general traffic during these events should also be considered provided adequate traffic control can be provided. It is our recommendation that further analysis be conducted of special event activities as required, including the development of a traffic control plan if necessary. Analysis of the P.M. Peak Hour of Generator (2:00 to 3:00 P.M.) Given the nature of the proposed development, the critical time period, in terms of evaluating off-site traffic impacts, is the A.M. peak hour (7:00 to 8:00 A.M.). However, in order to review the adequacy of the school driveway to provide sufficient exiting capacity, an analysis was conducted under 2015 P.M. peak hour of generator conditions. The trip generation associated with the P.M. peak hour of generator has been estimated using ITE Trip Generation. The resulting trip generation rate is 0.23 trips per student or 736 total trip ends during the hour froTM 2:00 to 3:00 P.M. Approximately 65 to 70 percent of these trips are expected to be outbound. Background traffic levels along Schrnidt Lake Road and Peony Lane at the intersection were estimated by applying a five percent factor to the projected average daily traffic levels. A capacity analysis was then conducted at the intersection using the procedures outlined earlier in this report. The intersection geometrics assumed for the intersection were consistent with the earlier analysis and include four lanes on Peony Lane with dual left-turn lanes northbound and southbound. The site driveway will also be four lanes with two inbound lanes for a sufficient distance to clear vehicles from the Peony Lane intersection. Schmidt Lake Road will also have a four-lane cross-section as outlined in the City of Plymouth's Transportation Plan. The results of the signalized intersection capacity analysis indicate that the school driveway will operate at a LOS C during, the P~M. peak hour of generator with individual approaches operating at LOS C or better. Maximum queue lengths on all approaches are expected to be readily accommodated by available storage. Maximum queue lengths eastbound are expected to be in the range of 210 feet, assuming two exit lanes are provided. CONCLUSIONS The following conclusions summarize the traffic impact analysis conducted for the Wayzata Senior High School: 1997 Initial Occupancy: The high school will generate approximately 980 trips during the A.M. peak hour (7:00 to 8:00 A.M.) upon initial enrollment in 1997, Significantly fewer trips will occur during the P.M. peak hour. o A.M. peak hour traffic operations will be most critical given the nature of the development and background traffic levels. 15 Based upon existing population data within ISD#284, site-generated traffic will be distributed mainly from the east and south. The majority of site traffic will use either TH 55 east of Peony Lane, Old Rockford Road east of Peony Lane, or CR 101. Traffic impacts on arterials and roadways north of CR 47 will be minimal. o The TH 55/Peony Lane intersection will operate within acceptable levels with the improvements to Peony Lane outlined in the City of Plymouth's Transportation Plan. Stop control at the Peony Lane/Old Rockford Road intersection should be on the east and west approaches with the improvements to Peony Lane. Minor street traffic will experience significant delay at this intersection and will likely divert to TH 55 at the new CR 9/TH 55 intersection programmed for this year. o The intersection of Peony Lane/School Driveway will operate in a minimally satisfactory manner for A.M. peak hour conditions. Signalized control should be considered at this intersection in order to safely and efficiently accommodate site- generated traffic, particularly during the A.M. peak hour. The intersection should be monitored periodically to evaluate whether a signal is warranted. Other times of the day the intersection will operate at acceptable conditions., Trip generation for special events may be sufficient to justify opening the bus corral entrance to general traffic. Adequate traffic control should be provided to safely and efficiently accommodate the additional traffic resulting from these events. 2015 ~LM. Peak Hour Conditions: 1. The school will generate approximatelY 1,300 trips during the A.M. peak hour. o Population projections within ISD#284 indicate that site-generated traffic will continue to be distributed mainly from the east and south. Site traffic will use primarily TH 55, Schmidt Lake Road, and CR 101. Lesser amounts will use CR 47 and Old Rockford Road. o The distribution of site-generated traffic indicates that the high school will not have a significant impact on roadways and arterials north of CR 47. Some intersection and roadway improvements will be required to accommodate the peak hour traffic projected for 2015. Dual left-turn lanes offofTH 55 at Peony Lane and off of Peony Lane at Schmidt Lake Road will likely be necessary. Based upon the peak hour traffic projections, traffic signal warrants will be met at the intersections along Peony Lane at Old Rockford Road, Schmidt Lake Road, and CR 47. Sufficient intersection spacing currently exists to accommodate queued vehicles. No spillback conditions are expected with the improvements recommended in this report. 16 Based upon the analysis conducted herein, the planned improvements contained in the City of Plymouth's Transportation Plan will be sufficient to accommodate the traffic projected for 2015 conditions provided the additional improvements outlined above are implemented. 2015 P.M. Peak Hour of Generator Conditions: Trip generation during the P.M. peak hour of generator (2:00 to 3:00 P.M.) will be on the order of 740 trips. The intersection of the school driveway with Peony Lane and Schmidt Lake Road will operate acceptably (LOS C) with the improvements outlined in this report. 11675.mjb 17 By preserving the forest Immediately adjacent to Elm Creek, bank erosion would be limited. Wate[ quality In the creek would be maintained through erosion control measures during and after construction (see Question 17 below), and by constructing NURP basins to treat surface runoff (see Question 18 below). bo Are there any state-listed endangered, threatened, or special-concern species; rare plant communities; colonial waterbird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? ~ Yes ~ No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. The firm of Dahlgren, Shardlow and Uban requested a search of the Minnesota Department of Natural Resources' Natural Heritage Database during the preparation of an EAW (dated September 16, 1994) for the nearby Soo Line East Planned Unit Development described In Question 9. That property Is located immediately south of the Soo Une Railroad tracks on the east side of Peony Lane. The records search was performed for a one mile radius around the proposed development area, which would Include the Wayzata High School property. The records search revealed no occurrences of rare species or natural features In the area. Answer to Question VB 12. Physical Impacts on Water Resour~s Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface water (lake, pond, wetland, stream, drainage ditch)? ~ Yes r~ No If yes, identify the water resource to be affected and describe: the alteration, including the construction process; volumes of dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts. Wetlands on the project site would be Impacted to varying degrees. There are eight discrete wetland basins on the site, ranging In size from 0.01 acres to 5.42 acres. (Wetlands on the site are pictured In Figure 6-1). The total wetland acreage on the project site Is 7.3 acres. Efforts have been made In the preliminary design to avoid or minimize wetland takings wherever practicable. The exact number of acres that will be Impacted by the project will not be determined exactly until the final site design is. completed. An estimated 0.92 acres would be Impacted to fit all the required program elements Into the site design. Table 12-1 shows the estimated wetland Impacts to the eight basins. Answer to Question VA TABLE 12-1 ESTIMATED WETLAND IMPACTS Wetland Location on site Plymouth Wetland Basin Basin Percent Basin Ordinance Wet- Size Impact ot Basin land Classification (Acres) (Acres) Impacted 1 SE Corner High 0.37 0.09 41 2 SWcorner, neardralnage Medium 0.28 None 0 3 South edge near RR High 5.42 0.68 28 4 Center of site -NA-~ 0.14 0.14 100 5 North of Elm Creek Exceptional 0.18 None 0 6 North of Elm Creek Exceptional 0.44 None 0 7 NEcorner, near Elm Creek Medium 0.44 None 0 8 East edge of property near -NA-~ 0.01 0.01 100 Peony Lane I I I o. =1 These wetlands did not show up on the National Wetland Inventory or the City's verlflcatloo of the NWl, and therefore were not classified. Mltlgatlon of wetland Impacts from filling or disturbance would Include replacement of wetland acreage In a 2:1 ratio on the site. The new wetlands that are constructed would be either the same types or "higher value" wetlands than the ones that are Impacted. The City of Plymouth has 'recently adopted a wetland protection ordinance. All mitigation will abide by the requirements of Plymouth"s ordinance as well as the Minnesota Department of Natural Resources and the US Army Corps of Engineers. Roughly three acres of the site are available for mitigation, so mitigation will likely be on-site. Elm Creek and associated minor drainages traverse the site as shown in Figure 6-1. No direct impacts to any surface waters would result from this project. It Is likely that pedestrian crossings of streams would be provided In two places to permit access to playing fields and the environmental education section of the site, but these structures are anticipated to be clear- span structures that would not contact the stream channel Itself. Methods to protect surface waters from non-point sources of pollution (runofO are described In Question 18 below. 13. Water Use ao Will the project involve the installation or abandonment of any wells? D Yes ~ No For abandoned wells give the location and Unique well number. For new wells, or other previously unpermitted wells, give the location and purpose of the well and the Unique well number (if known). There are no known wells located on the property, based upon review of Minnesota Geological Survey records. 12 Mt Mu NeB SwA Mlnnetonka silty clay loam Mixed alluvial land Nessel loam, 1-4 percent slopes Sherwood silty clay loam, 0-2 percent slope 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres ]00 ; cubic yards 325,000 Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. The site contatns steep slopes of over 18 percent. Soil types EnE (18-24% slope), which would not be affected by grading and HdF (24-35% slope), which would be affected by grading, occur on the site. Temporary and permanent erosion control measures would be Incorporated Into the construction plans for the project. These measures will be consistent with the City of Plymouth erosion control regulations. Temporary methods employed to control erosion would Include, mulching, bale checks, slit fences, sediment traps, and other site appropriate methods. Temporary ponding would be needed during construction as well. Permanent erosion control would be handled by a storm water sewer system outlet to a series of NURP ponds. Answer to Question VD 18. Water Quality - Surfaco Water Runoff a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. The ground cover--and therefore the quantity and quality of runoff--will be altered by the proposed project. The existing ground cover Is cropland and woodland. It will be altered to Impervious surface (pavement and roofs) and grass (athletic fields and landscaped lawns]. Some woodland south of Elm Creek will remain after the project Is completed. The drainage areas north of Elm Creek will not be disturbed. The proposed project will create about 27 acres of Impervious surface on the 161-acre site. This Impervious surface could, potentially, increase the peak discharge of storm water runoff entering Elm Creek. To minimize this Increase, peak discharges will be controlled by NURP ponds In accordance with the requirements of the City of Plymouth and the Elm Creek Watershed District. There are three drainage areas which will be disturbed. A NURP pond has been designed for each drainage area. The NURP ponds have been designed to remove sediments and nutrients from the runoff. Using methods and Information from the Minnesota Pollution Control Agency, the Twin Cltles Metropolitan Council, and various academic studies, sedimentation and nutrient loading rates were established for the existing and developed conditions. Changes to the quality of the runoff were analyzed using selected Indicator pollutants-suspended solids and phosphorus--for the disturbed portions at the site (see Table 18-1). Results show that the existing cropland and woodland generate an estimated 13~400 pounds of suspended solids and 14 pounds of phosphorus per year. Without NURP ponds, the proposed change In land cover would still decrease the total suspended solid load but the total phosphorus load would Increase (see Table 18-2). The addition of NURP ponds will dramatically reduce pollutants. The total suspended solid load would be reduced to an estimated 550 pounds per year, a nearly 6-ton (12,000 pound) reduction from current levels of sediment entering Elm Creek. The total phosphorus load would be reduced by over 50 percent from current levels to an estimated 6 pounds per year. 16 TABLE 18-1 'WATER QUALITY* ' ...... ~ Drainage Suspended Solld's "' Phosphorus (Acres) Rate Total NURP Discharge Rate Total NURP Discharge (Ib/ac/yr) Quantity Efficiency Quantity (Ib/ac/yr) Quantity Efficiency Quantify , (Ib/yr) (%) (Ib/yr) (Ib/yr) (%) (Ib/yr) POND I Existing Forest ......... Condition ' Cropland 26.01 255.0~ 6,632.6 - 6,632.6 0.27~ 7.0 - 7.0 ...-.-,-..:.:,.;:?...:..:+. ;.~.;; ~' .;-. ...,...:............-...... Developed Grass 15.51 2.72 41.9 95 2.1 0.0262 0.4 70 0,1 Condition IrnpeMous 10,50 404.5~ 4,247.2 95 212.4 0,7~ 7.4 70 2.2 POND 2 Existing Forest 9.02 95.24 858.7 - 858.7 0.1 i4 1.0 - 1.0 Condition Cropland 13.53 255.0~ 3,450.2 - 3,450.2 0.27~ 3.6 - 3.6 Developed Grass 7.26 2.72 17.6 95 1.0 0.032 0.2 70 0.1 Condition Impervious 15.30 404.5~ 6,188.8 95 309.4 0.7~ 10.7 70 3.2 POND 3 Existing Forest i.34 95.24 127.6 - 127,6 0.114 0.2 - 0.2 Condition Cropland 9.17 255.0~ 2,338.4 - 2,338.4 0.27~ 2.5 - 2.5 Developed Grass 9.31 2.72 25,1 95 1.3 0.032 0.2 70 0.1 Condition , ~ Impervious i.20 404.5~ 485.4 95 . 24.3 0.7~ 0.8 70 0.2 )po#tan Area, Joseph P. Mulcahy. Metropolitan Council, St. Paul. 2 Values for Parks, Table 5, Phosphorus Export in the Twin Cities Metropolitan A~ea, Joseph P. Mulcahy. Metropolitan Council, St. Paul. ~ Values for Parking Lot, Table 5, Phosphorus Export in the Twin Cities Metropofitan Area, Joseph P. Mulcahy, Metropolitan Council, St. Paul. ' Values for Woodland, Table 5.19, Stormwater Management, Wanielista, Martin, et. al., John Wiley & Sons, New York. *NOTE: The values shown In this table are representative values used tar purpases of comparison. The values are not actual measurements but represent model values of a typical ground cover under typical conditions In the Twin Cities. TABLE 18-2 SITE SUMMARY' Existing Condition Developed With NURP Ponds Condition Total Suspended Solids (Ib/yr) 13,407.5 11,602.0 550.5 Total Phosphorus (Ib/yr) 14.3 19.7 5.9 'NOTE: The values shown In this table are representative values used for purposes of comparison. The values are not actual measurements but represent model values of a typical ground cover under typical conditions in the Twin Cities. Procedures to minimize application of fertilizer and herbicides on the site are described In the response to Question 20c below. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (I£ the runoff may affect lake, consult "EA W Guidelines" about whether a nutrient, budget analysis is needed.) The site Is In the Elm Creek Watershed. All runoff from the site discharges Into Elm Creek. Runoff from the proposed development will be routed through NURP ponds to reduce velocity and pollutant loading. The discharge rate will be In accordance with the requirements of the CIN of Plymouth and the Elm Creek Watershed District. Pollutant loading In Elm Creek will be reduced as a consequence of the proposed project. 19. Water Quality - Wastewaters a. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. Wastewaters produced at the site would Include normal domestic sewage, science laboratory materials, waters from food service, and maintenance/cleaning materials. The majority of wastewaters would come from ordinary domestic sewage. This would Include wastes from lavatories, kitchen areas, home economics classrooms, etc. The domestic sewage generation at the school's full capacity (around the year 2008 to 2010) has been estimated at 64,000 gallons per day, based upon 3200 students at 20 gallons per student per day. (The 20 gallons per day figure was obtained from Metropolitan Council Wastewater Services staff and takes Into account school staff as well). During the opening year of 1997, enrollment Is expected to be 2350 students, so sewage generation is expected to be 47,000 gallons per day. Science labs periodically use products which are acidic or alkaline. According to the chemistry · Instructor, these products are diluted with water and flushed when they are disposed of. Occasional experiments would yield less than two quarts per day. Malntentance and cleaning processes also use highly alkaline products which are diluted with water In the ready-to-use form. Floor scrubbing uses a neutral pH, non-phosphate floor cleaner, and may produce 150 to 200 gallans per day of wastewater. All toxic chemicals such as heavy metals and flammable wastes would be stored on site as hazardous waste and would be disposed af-through the University af Minnesota Chemical Safety Day Program. These waste streams have been Identified and are licensed through Hennepin County. 18 Agenda Number: TO: FROM: SUBJECT: Dwight 3ohnson, City Manager Barbara Senness, Planning Supervisor through rt, 'Community Development Director LAND USE GUIDE PLAN AMENDMENT FOR WAYZATA SENIOR HIGH SCHOOL DATE: March 9, 1995 for the City Council Meeting of March 21, 1995 1. ACTION REQUESTED: Move to adopt the attached resolution approving a Land Use Guide Plan Amendment to add 130 acres of the proposed 161-acre Wayzata High School site to the Metropolitan Urban Service Area and reguide the entire site from LAR (Rural Density/Agricultural) to LA-1 (Low Density Residential). 2. BACKGROUND: The Wayzata School District is proposing to construct a 487,000 square foot high school to serve 3,200 students in grades 9 through 12. In addition to the school building, the site would contain a 4,800-seat athletic stadium, other athletic fields, the City,s-ninth playfield and assochted parking. In analyzing this plan amendment, staff focused on three key areas: a) land availability to accommodate the project, b) relationship to the City's Comprehensive Plan and e) anticipated impact on infrastructure. Land Availability In order to accommodate its program, the District required a site of at least 70 acres. As illustrated by the attached map outlining vacant land available in the City, at the time the District was looking for an appropriate site, none of sufficient size remained within the City's current urban service area. Although some larger sites are not yet developed, theses sites are part of approved PUDs or plats or are controlled by developers in the process of platting. As a consequence, the District had to look outside the current urban service area for a site large enough to accommodate its needs. The site now proposed for the school is partially within the MUSA, but the majority of the acreage is located adjacent to but outside the MUSA. In addition, the entire site is guided LAR. In order for the District to build the new high school, the City must add the entire site to the MUSA and reguide it for urban development. Because a high school could be an acceptable use in the LA-1 District, staff is recommending that the site be reguided to LA-1. Relationship to Comprehensive Plan According to the City's Comprehensive Plan, the high school site is located at the juncture of three of the City's walking neighborhoods, approximately in the center of the Elm Creek Driving Neighborhood (refer to attached map). The Comprehensive Plan states that a school is an appropriate activity center for a driving neighborhood. The Plan notes that these centers should be located at the junction of an arterial and collector street or another arterial. The site meets this criteria. It would be located a the junction of two minor arterials, Peony Lane and Schmidt Lake Road. The Comprehensive Plan also indicates the need for park and recreation facilities in this area of Plymouth. The proposed project would provide needed sports fields for community recreation. Opportunities for trails and open space, which the Plan indicates are necessary, are available within the portion of the site adjacent to and north of Ell Creek. Anticipated Impact on Infrastructure Staff has concluded that adding the proposed site to the MUSA and reguiding it for urban uses would not adversely impact either the local or the regional street and highway system (refer to attached traffic study). The City has anticipated eventual development of the affected portion of the City and. has planned for the construction of two minor arterials, Peony Lane and Schmidt Lake Road, to serve the area. Both will eventually be four-lane facilities. The traffic study prepared for the environmental assessment worksheet for this project illustrates that there is sufficient roadway capacity to serve the proposed school and full urban development of this portion of the City. · Staff has also concluded that sufficient sanitary sewer and water capacity is available to serve the proposed facility. The proposed high school at full development would generate about 64,000 gallons of sewage per day. In the short term (five years), this flow would mount to 50,000 gallons per day. The City's Comprehensive Sewer Plan shows an average daily flow of almost 20,000 gallons for the portion of the site already within the MUSA. In addition, the Plan shows an average doily flow of 108,000 gallons for the 72 acres immediately south of the high school site. However, since the Plan was prepared, the City Council has reguided this site from industrial to residential and it will act on a proposed llS-unit single family development for this site in March. Projected flow from the 118 homes is 37,120 gallons per day, 70,880 gallons per day less than the Plan shows. Overall, the projected flows from the entire high school site and the area immediately south of the site are roughly 27,000 gallons per day lower than the City's Sewer Plan provides for. 2 Because the City requires that the School District detain additional quantities of surface water runoff that will be generated by this development and discharge the detained water at rates that match the existing flow, staff has further concluded that the proposed project would not impact the City's storm sewer system. DISCUSSION: At the Public Heating on March 8, 1995, the Planning Commission on 5 to 0 vote recommended approval of the proposed Land Use Guide Plan Amendment. No one spoke at the hearing. The City did receive one letter the day of the hearing. That letter is attached. At the hearing, the Public Works Director responded to the possible flooding question raised in the letter by stating that the School District will have to address both quantity and quality standards for runoff from the new high school. With respect to quantity, the District will be required to detain additional quantities of surface water and discharge it at rotes that match the existing flow. 3. RECO~NDATION: Community Development Department Staff recommends adoption of the attached resolution approving a Land Use Guide Plan Amendment to add 130 acres of the proposed 161-acre Wayzata High School site to the Metropolitan Urban Service Area and reguide the entire site from LAR (Rural Density/Agricultural) to LA-1 (Low Density Residential) as recommended by the Planning Commission. ATTACH34F~NTS: 1. Resolution Approving Land Use Guide Plan Amendment 2. Map of Walking and Driving Neighborhoods 3. Traffic Analysis for the Wayzata Senior High School, Barton Aschrnan Assoc., Inc. 4. March 8, 1995 Letter from G. H. Deziel 5. Planning Commission Minutes 6. Location Maps 7. Map of Vacant Land Within School District 284 CITY OF PLYMOUTH RESOLUTION 94- APPROVING LAND USE GUIDE PLAN AMENDMENT FOR INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) FOR PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF PEONY LANE AND THE SOO LINE RAILROAD (94131) WHEREAS, the Independent School District 284 (Wayzata) and the City have requested the addition of 130 acres to the Metropolitan Urban Service Area and reclassif'tcation of 161 acres from LAR (Rural Density/Agricultural) to LA-1 (Low Density Residential) for property located at the northwest intersection of Peony Lane and the Soo Line Railroad; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, Tlq'g~ggl~ORE, BE IT HEI~h-mY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNF_3OTA, that it should and hereby does approve the request by Independent School District 284 (Wayzata) and the City for the addition of 130 acres to the Metropolitan Urban Service Area and reclassification of 161 acres from LAR (Rural Density/Agricultural) to LA-1 (Low Density Residential) for property located at the northwest intersection of Peony Lane and the Soo Line Railroad. FURTHER, approval of the Land Use Guide Plan Amendment is contingent upon, and subject to, the required review and response by the Metropolitan Council. Adopted by the City Council on March 21, 1995. 6 m m m 8 · · · · 1.4KE 19i 31 21 .l mm driving neighborhood boundanj .... walking neighborhood boundary THE PROPERTY BEING LOCATED AT THE N.W. INTEl%SECTION OF PEOI~ I~ AND TH~ SO0 LII~'E i~ILROAD. DEAR SIRS: I F~%~E A CC~CEI{N IN REG~D TO THE INCREASED i~ATE OF ~E~ ~, ~ T~ POSSIBLE ~LCODING 0F ~ ~EOPE~. ~' ~OR~ AC~ ~CT IS LOCA~D, ~PROXII-~Y 01,~ ~ ~l~I~ ~D PE0~ ~. T~ PR0~ER~ I.D. ~ER I$ 05~: -11~22 33 559 ~4353 INDEPENDENT SCHOOL DISTRICT 284 (94131): Chairman Stulberg introduced the request by Independent School District 284 for a Land Use Guide Plan Amendment for Wayzata Senior High School for property located at the northwest intersection of Peony Lane and the Soo Line Railroad. Planning Supervisor Senness gave an overview of the February 27, 1995 staff report. Chairman Stulberg opened the public hearing. Chairman Stulberg read a letter from G. H. Deziel of 4640 Holly Lane. Mr. Deziel was concerned with the increased rate of water runoff and the possible flooding of his property. Chairman Stulberg closed the public hearing. Director Moore responded to Mr. Deziel's concern stating that ~he high school will be required to have store water ponding and should not create an increased runoff to Mr. Deziel's property. MOTION by Commisisoner Black, seconded by Commisioner Spigner to recommend approval of the request by Independent School District 284 for a Land Use Guide Plan Amendment for Wayzata Senior High School for property located at the northwest intersection of Peony Lane and the Soo Line Railroad. Roll Call Vote. 5 Ayes. MOTION carried unanimously. Planning Supervisor Senness indicated that there will be a public meeting concerning the Environmemal Assessment Worksheet for this project at the March 22 Planning Commissioner meeting. She added that staff anticipates that the remaining portion of the proposal will be heard at the April 26, 1995 Planning Commission meeting. Agenda Number DATE: APPLICANT: REQUEST: LOCATION: FILE NO.: COMI~REHENS~ PLANNING: February 27, 1995 ISD 284 (Wayzata) and the City of Plymouth Land Use Guide Plan Amendment for Wayzata Senior High School Northwest Intersection of Peony Lane and the Soo Line Railroad 94131 I..AR (Rural Density/Agricultural) ZONING: FRD (Furore Restricted DevelopmenO DESCRIFTION OF REQUEST: The applicants are requesting approval of a Land Use Guide Plan Amendment to add 130 acres of the proposed 161-acre Wayzata High School site to the Metropolitan Urban Service Area (MUSA) and reguide the entire site from LAR (Rural Density/Agricultural) to LA-1 (Low Density Residential). Notice of this Public Heating has been published in the Official City Newspaper. ANALYSIS: A. Surrounding I. and Use and Zoning Property located to the north, east and west of the high school site is zoned FRD (Furore Restricted Development) and guided LAR. The property has been developed with scattered homes and farm sites. In November 1994, the City Council reguided the property located south of the Soo Line Railroad to LA-2 for a single family residential development. The City Council will act on a rezoning and PUD preliminary plan/plat application for this property in March. The Elm Creek Golf Course is located to the southwest of the school site. B. Natural Characteristics of Site The site is located in the Elm Creek Drainage District. It contains land within both the Flood Plain and Shoreland Overlay Districts. The property includes City of Plymouth pending areas. Wetlands on the site are protected under Department of Natural Resources, Army Corps of Engineers, State Wetland Conservation Act and City of Plymouth regulations. The site contains large areas of significant woodlands and areas with Slopes in excess of 18 percent. The slopes are generally in the vicinity of Elm Creek. The site contains some soils unsuitable to urban development. The City's Physical Constraints Analysis indicates that there are some areas on the site unsuitable to urban development. Those areas are primarily related to steep slopes, wetlands and soil conditions. Most of this area would remain in a natural state according to the Concept Plan proposed for the site. C. Previous Actions Affecting Site On January 3, 1995, the City Council approved a Residential Planned Unit Development Concept Plan for the site. The Concept Plan was brought to the City Council ahead of any other planning and development applications in order to facilitate discussions between the City and the School District regarding the division of land on the site between the two ~ntities. D. Land Use Guide Plan Amendment The Wayzata School District is proposing to construct a 487,000 square foot high school to serve 3,200 students in grades 9 through 12. In addition to the school building, the site would contain a 4,800-seat atMefic stadium, other atMetic fields, the City's ninth playfield and associated parking. More than half of the land area of Plymouth falls under the jurisdiction of the Wayzata School District. In addition, Plymouth contributes the largest land area of any of the communities that make up the Wayzata School District. The present Wayzata High School is located at Vicksburg Lane and Gleason Lake Road in the City of Plymouth. Plymouth is the only community in the District with sufficient potential "urban" land to accommodate a new high school. Wayzata and Minnetonka are fully developed. Medina is classified as a rural center by the Metropolitan Council and furthermore, does not have sufficient sewer capacity for such a facility. In addition, the affected area of Maple Grove is along the far no~daeru boundary of the district. In order to accommodate its program, the District required a site of at least 70 acres. As illustrated by the attached map outlining vacant land available in the City, at the time the District was looking for an appropriate site, none of sufficient size remained within the City's current urban service area. Although some larger sites are not yet developed, theses sites are part of approved PUDs or plats or are controlled by developers in the process of platting. As a consequence, the District had to look.outside the current urban service area for a site large enough to accommodate its needs. The site now proposed for the school is pa2rtially within the MUSA, but the majority of the acreage is located adjacent to but outside the MUSA. In addition, the entire site is guided LAR. In order for the District to build the new high school, the City must add the entire site to the MUSA and reguide it for urban development. Because a high school could be an acceptable use in the LA-1 District, staff is recommending that the site be reguided to LA-1. According to the City's Comprehensive Plan, the high school site is located at the juncture of three of the City's walking neighborhoods, approximately in the center of the Elm Creek Driving Neighborhood (refer to attached map). The Comprehensive Plan states that a school is an appropriate activity center for a driving neighborhood. The Plan notes that these centers should be located at the junction of an arterial and collector street or another arterial. The site meets this criteria. It would be located a the junction of two minor arterials, Peony Lane and Schmidt l. ake Road. The Comprehensive Plan also indicates the need for park and recreation facilities in this area of ?lymouth. The proposed project would provide needed sports fields for community recreation. Opportunities for trails and open space, which the Plan indicates are necessary, are available within the portion of the site adjacent to and north of Elm Civ~ek. Anticipated Impact of High School on Infrastructure The City's Community Structure Concept as outlined in the Comprehensive Plan anticipated the need for major community facilities such as the high school and playfield in appropriate locations in Plymouth. As noted above, the proposed site does in fact meet the criteria identified in the Plan. However, before concluding that a particular site should be designated for a facility such as the high school and playfield, the City must also make sure that sufficient infrastructure is or will be available to serve the facility. Staff has concluded that adding the proposed site to the MUSA and reguiding it for urban uses would not adversely impact either the local or the regional street and highway system (refer to attached traffic study). The City has anticipated eventual development of the affected portion of the City and has planned for the construction of two minor arterials, Peony Lane and Schmidt lake Road, to serve the area. Both will eventually be four-lane facilities. The traffic study prepared for the environmental assessment worksheet for this project illustrates that there is sufficient roadway capacity to serve the proposed school and full urban development of this portion of the City. Staff has also concluded that sufficient sanitary sewer and water capacity is available to serve the proposed facility. The proposed high school at full development would generate about 64,000 gallons of sewage per day. In the short term (five years), this flow would amount to 50,000 gallons per day. The City's Comprehensive Sewer Plan shows an average daily flow of almost 20,000 gallons for the portion of the site already within the MUSA. In addition, the Plan shows an average daily flow of 108,000 gallons for the 72 acres immediately south of the high school site. However, since the Plan was prepared, the City Council has reguided this site from industrial to residential and it will act on a proposed ll8-unit single family development for this site in March. Projected flow from the 118 homes is 37,120 gallons per day, 70,880 gallons per day less than the Plan shows. Overall, the projected flows from the entire high school site and the area immediately south of the site are roughly 27,000 gallons per day lower than the City's Sewer Plan provides for. Because the City requires that the School District detain additional quantities of surface water runoff that will be generated by this development and discharge the detained water at rates that match the existing flow, staff has further concluded that the proposed project would not impact the City's storm sewer system. RECOMM~.NDATIONS: Community Development Department Staff recommends adoption of the attached Resolution to provide for the approval of a Land Use Guide Plan Amendment to add 130 acres to the Metropolitan Urban Service Area and reguide 161 acres to LA-1 subject to the conditions in the attached Resolution. Prepared bY: Barbara Senness, Community Development Staff (550.-5052) Submitted by: 3ame'Hurlburt, Communit~j. Oevelopment Director ATTACHMlr. NTS: 2. 3. 4. 5. Draft Resolution Approving I. and Use Guide Plan Amendment Map of Walking and Driving Neighborhoods Traffic Analysis for the Wayzata Senior High School, Barton Aschman Assoc., Inc. Location Maps Map of Vacant Land Within School District 284 4 CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: April 28, 1995 Planning Commission Members Kirk McDonald, Management Assistant, Community Development Coordinator Miscellaneous Issues April 10th Council/EDA Meeting - At the April 10th Council/EDA meeting, the Council/EDA took the action on the following planning cases and other related issues: A. CCI Plat Quotes - Approved the Iow quote from Lot Surveys, Inc. in the amount of $1,300 for the platting of property at 4400/4500 Quebec Avenue North. The City is coordinating the platting process and will be reimbursed by CCI, as this is a project involving joint acquisition/sale of the property. B. Planning Case 95-03, Request for a 5-Foot Variance to the Rear Yard Setback Requirement to Allow for an Adequate Turning Radius and Stacking S0ace for Additional Car Wash Operations at Texaco, 9400 49th Avenue North - Approved subject to the conditions as recommended by the Planning Commission. C. Contract to Construct Handicapped Accessible Twin Home at 7901/7909 51st Avenue North - Awarded the contract to the low bidder, Equal Access Homes, in the amount of $169,808. A pre_ construction meeting was held on April 24th and construction will start at the end of April. Contract for Sewer/Water Service Installation at 7901/7909 51st Avenue North - Awarded the contract to the low bidder, G.L. Contracting, in the amount of $9,375. E. Planning Case 94-35/Ordinance No. 95-03, An Ordinance Amending Re_~ulations Governino Commercial Recreational Facilities and Pinball Machine, Video Game and Pool Table Licens~ - Staff presented the findings/recommendations to the Council. Due to the number of specific amendments recommended, the Council determined to table this matter so that they could review it in detail at a future work session. A work session has been scheduled for May 1st and the matter will be included on the agenda. The moratorium expires at the end of May. F. Resolution Authorizing and Approving Sale of 7909 51st Avenue North to T. Jeff Ban,osberg - The Council authorized the sale of one of the twin home units to a qualifying buyer and the other unit is being actively marketed. April 24th Council/EDA Meeting - At the April 24th Council/EDA meeting, the Council/EDA took action on the following planning/development issues: A. Resolution Authorizing Reduction of Letter of Credit for Five Thousand Winnetka 2nd Addition - Approved a reduction in the Letter of Credit on the Navarre Corporation/Hoyt development from $29,250 to $10,500, per recommendations from the Building Official and City Engineer. B. Ordinance 95-05, An Ordinance Amending the New Hope Liquor Code by Increasing the Number of Available On-Sale Licenses and Increasing the Initial Investment for a Restaurant,. Class One License - At their April 4th work session, the Council reviewed the on- and off-sale liquor license ordinance and determined that they did not want to increase the number of off-sale licenses. However, due to several building vacancies (Ponderosa and SuperValu) and their desire to possibly attract another restaurant establishment, the Council decided to increase the number of on-sale licenses from three (3) to four (4). The attached ordinance does that and it also brings the 1987 initial investment requirement up to 1995 construction cost standards. Co Do Lease Between Phoenix Manufacturing and EDA for Foremost Building, 7528 42nd Avenue - The EDA approved a new lease for the business that acquired the assets of Foremost, Inc. The lease extends through 1995, after which time the building will be demolished for future redevelopment purposes. Universal Color Lab Request for Gap Financing Loan for Acquisition of/Improvements to Kuppenheimer Building, 7700 42nd Avenue North - The EDA held a discussion regarding a request by Universal Color Lab for a gap financing loan for purposes of acquiring the Kuppenheimer Building at 7700 42nd Avenue (see attached request). The EDA was generally favorable to assisting Universal Color and directed staff to prepare the necessary agreements and bring them back to the EDA for consideration in May. 3. First Quarter 1995 Reports - Enclosed for your information are the first quarter 1995 Planning & Development, Engineering and Housing Reports. Bass Lake Road Housing Redevelopment Project - Per direction from the City Council, staff and the Planning Consultant have proceeded with the preparation of the attached report regarding the potential redevelopment options in the Bass Lake Road extension area and I am enclosing the report for your information. It is anticipated that staff will be conducting an informal meeting with neighbors the first part of May and then report back to the Council. Several property owners in the area have contacted the City about possible acquisition of their properties by the City. Regulation of Tattoo Parlors - The City Attorney has prepared the enclosed report regarding the regulation of tattoo parlors and it is enclosed for your information. This is one of the issues that the Codes & Standards Committee will be discussing in May. Attachments: Letter of Credit Reduction Liquor License Ordinance Phoenix Manufacturing Universal Color Lab First Quarter 1995 Reports Bass Lake Road Housing Redevelopment Regulation of Tattoo Parlors 'REQUF_~T FOR ACTION originating Department Approved for Agenda Agenda Section City Manager Consent Kirk McDonald · ] 4-24-95 Item No. By: Management Assistant By: // 6.8 RESOLUTION AUTHORIZING REDUCTION OF LETTER OF CREDIT FOR FIVE THOUSAND WINNETKA 2ND ADDITION The City originally held a Letter of Credit in the mount of $193,350 on the Navarre Corporation/Hoyt development known as Five Thousand Winnetka 2nd Ad.dition for the installation of public improvements and on-site exterior amenities. This amount was held to insure that specific improvements were made, including ponding/grading, storm sewer/sanitary sewer, water main, installation of a shared drive and removal of existing drive, erosion control and restoration, and landscaping. In September, 1994, the City Engineer and Building Official inspected the property for completion of the improvements, reported that the majority of improvements were completed, and recommended a reduction in the Letter of Credit from $193,350 to $29,250. The Council approved the reduction at the September 26, 1994, Council meeting. The current Letter of Credit in the amount of $29,250 is due to expire on April 28th, therefore, the Letter either needs to be extended, reduced or released. Upon completion of another inspection of the property, the City Engineer and Building Official are recommending that the Letter be extended, but that the amount be further reduced to $10,500. The enclosed resolution approves said reduction and staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ Bonestroo Rosene Ander!ik & A$$oo te$ Engineers & Architects April 7, 1995 Mr. Kirk McDonald City of New Hope 4401 Xylon Avenue New Hope, MN 55428 Re: 5000 Winnetka 2nd Addition Bond Our File No. 34 Gert Dear Kirk: Public Works, Doug, and I have reviewed the bond amount for the above referenced project. Our letter dated September 21, 1994 recommended a bond amount of $29,250. Listed below is the recommended bond amount to cover the remaining work: Lump Sum Lump Sum Utility punchlist @ $5,000/Is Erosion/restoration @ $2,000/ls Subtotal + 50% Bond Increase Total $ 5,000 3.500 $10,500 The recommended bond amount is $10,500. If you have any questions, please contact his office. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:pr cc: Marry Malecha 233S ~/est Highway 36 · St. Paul, MN 55113 · 612-636-4600 COUNCI~ REQUEST FOR ACTION Originating Department Approved for Agenda · ~~lon City Manager & Resolu. tions Kirk McDonald /) 4-24-95 Item No. By: Management Assistant By:5,/ 10.1 b ,J -C i -XMENDINO THt EWHOPE LIQUOR CODE BY INCREASING THE NUMBER OF AVAILABLE ON-SALE LICENSES AND INCREASING THE INITIAL INVESTMENT FOR A RESTAURANT, CLASS ONE LICENSE Per the direction from the City Council at the April 4th work session, the City Attorney has prepared the enclosed ordinance amending the New Hope Liquor Code. The ordinance specifically amends Sections 10.411 and 10.039. The amendments increase the number of available on-sale licenses from three (3) to four (4) and increases the initial investment for a Class One restaurant license from $850,000 to $1,000,000. As you ara aware, the existing ordinance requires an investment of a minimum of $850,000 based upon 1987 construction costs and the ordinance states that the amount shall be periodically adjusted upward or downward to reflect changes in construction costs as reflected in commonly accepted construction cost indices. Per the attached report from BCL Appraisals, which references the Marshall Swift Cost Manual, the current cost should be 1.224 x $850,000 or $1,040,400. For practical purposes this investment figure has been rounded down to $1,000,000. Staff recommends approval of the ordinance. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 STEVEN A. SONDRALL MICHAEL R. LAFLEUR MART1R I). MALECHA WILLIAM C. STRAIT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TEL~PHON;: ($12) 425-$671 FAX (612) 42s. sa67 LAVONNE S. KESKE SHARON O. OERSY April 19, 1995 Mr. Kirk McDonald Management Assistant City of N~w Hope 4~01 Xylon Avenue North New Hope, MN 55428 RE: Amendment to Liquor Code/incrgase to Minimun Investment and Number of Licenses Our File No. 99.49505 Dear Kirk: In follow up to the April 4, 1995 work session discussion regarding the liquor code, please find enclosed a proposed Ordinance amending Sections 10.411 and 10.039. The amendments increase the number of available on-sale licenses to four and increase to $1,000,000 the initial investment for a Class One restaurant license. Also enclosed is a April 17, 1995 report from Brad Bjorzlund establishing 1995 construction costs at $1,000,000 for the minimum initial investment for a Class One restaurant. ~f you have any questions concerning this Ordinance or report from Brad Bjorklund, please do not hesitate to contact me. BY STEVEN A. SONDRNA, S~even A. Sondrall slw Enclosures CC: Daniel J. Donahue (w/enc]_. .. . ~. Valerie Leone (w/enc)-~ ,r,;o,,u~-; ,'u~...-:,~ ORDINANCE NO. 95-05 AN ORDINANCE AMENDING THE NEW HOPE LIQUOR CODE BY INCREASING THE NUMBER OF AVAILABLE ON-SALE LICENSES AND INCREASING THE INITIAL INVESTMENT FOR A RESTAURANT, CLASS ONE LICENSE The City Council of the City of New Hope ordains: Section 1. Section 10.411 "Number of On Sale Licenses" of the New Hope City Code is hereby amended to read as follows: 10.411 Number of On Sale Licenses. The maximum number of o'n sa]e intoxicating liquor licenses which sha]l be issued by the City is thr;; four. On Sale Wine Licenses shall be limited to the number of qualifying restaurants as defined in Section 10,02. Section 2. Section 10.039(1)(a) "Initial Investment" of the New Hope City Code is hereby amended to read as follows: (a) Initial Investment. An applicant for a "Restaurant, Class One", license must initially invest or propose to invest in the business a minimum of,~v,v~v.v~'""~ ~ ~ $1,000,000.00, excluding land costs but including all fees, site development, utilities, furnishings, fixtures and construction costs based upon -1-9~ 1995 construction costs. The required amount shall be periodically adjusted upward or downward by amendment to this section to reflect changes in construction costs as reflected in commonly accepted construction cost indices. In the case of multi-purpose building such as shopping centers, motels, hotels, and the like, only that portion of the building directly attributable to the preparation, handling, storing or serving of food and liquor shall be considered in determining the value of the investment. In the event that a license is proposed for an existing structure, the fair market value for real. estate tax purposes, exclusive of land value, as determined by the City Assessor in the year the license is first issued, may be used in place of construction costs in determining whether the initial investment requirement has been satisfied. An applicant holding a leasehold interest in property may also use the fair market value of the property for real estate tax purposes as determined by the City Assessor in the year the license is first issued for determining whether the initial investment requirement has been satisfied. The Council may provide for an independent appraisal at applicant's expense, as an aid in determining the value of said premises. In the event this requirement as to investment is not complied with within one year from the date of issuance of the license, the license may be revoked or suspended. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1995. Edw. J. Erickson, Mayor At t est: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the , 1995.) day of REQUEST FOR ACTION originating Department Approved for Agenda Agenda Section City Manager EDA , ~,~4-95 Kirk McDonald , Item No. By: Management Assistant By: 4 ' MOTION APPROVING LEASE BETWEEN ~HOENIX MANUFACTURING CORPORATION AND THE EDA AND APPROVING A MUTUAL RELEASE BETWEEN FOREMOST, INC. AND THE _ EDA (IMPROVEMENT PROJECT. NO. 474) The following two documents have been prepared by the City Attorney for consideration by the EDA: 1. A new lease between Phoenix Manufacturing Corporation and the EDA 2. A Mutual Release between Foremost, Inc. and the EDA EDA approval for both documents is necessary and the City Attorney has indicated that a combined motion for each action is acceptable. In the attached letter the City Attorney summarizes what has transpired since the EDA last considered this matter on March 27th. This lease is between the EDA and Phoenix Manufacturing, the owner of the Foremost, Inc. assets. The major points of the lease include: - lease period extends from 4/24/95 through 12/31/95 with no renewal option. - lease rental of $20,020 (amount of 1995 real estate taxes) due on commencement date of lease. - Phoenix Manufacturing to pay all operating expenses of building (insurance, maintenance, utilities) and to correct any substandard building conditions. - if lessee holds over after lease termination date, they will pay month to month rental with the payment being equal to 1/12 of the current lease rent. Hennepin County will classify the property as tax exempt for real estate taxes payable in 1996, however if Phoenix extends its occupancy of the building into 1996, the City will pay the County a portion of the rental received in lieu of taxes. The release will terminate the foremost Lease prior to the 7/19/95 lease termination date, which will allow the EDA to enter into a new lease with Phoenix Manufacturing. In consideration for the release, the EDA would not pursue Foremost for the 1995 unpaid rent and Foremost will waive any and all claims it has against the EDA connected with the ownership of the Foremost site. There will be no loss to the EDA with this arrangement because Phoenix Manufacturing will be paying F0remost's unpaid rental payment as part of their base rent under the new lease. Staff recommends approval of a motion by the EDA approving both the new lease and the mutual release. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 LAVONNE E. KESKE SHARON D. DERBY April 19, 1995 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Foremost Property/Lease to Phoenix Manufacturing Corporation Our File No. 99.11090 Dear Kirk: Please find enclosed for consideration at the April 24, 1995 Council meeting the following documents: A new Lease between Phoenix Manufacturing Corporation and the EDA. A Mutual Release between Foremost, Inc. and the EDA. We need EDA approval for both documents. each is acceptable. A combined motion for I will attempt to summarize what has transpired since the EDA last considered this matter. Basically, Bill Marceau from Northland Financial appeared before the EDA at its meeting on March 27, 1995. Mr. Marceau represented to the EDA he was acting on behalf of Phoenix Manufacturing Corporation to arrange an asset purchase of the Foremost assets between the First National Bank of Glencoe and Phoenix Manufacturing Corporation. Foremost's lease with the City would constitute part of those assets. The purchase arrangement involves the First National Bank of Glencoe due to a replevin order said bank obtained against Foremost, Inc. Foremost gave the bank a security interest in its personal property as collateral on a loan. When a default occurred on the loan, the First National Bank of Glencoe moved against the personal assets of Foremost acquiring title to the asset~ in lieu of the loan repayment. Kirk McDonald April 19, 1995 Page 2 Apparently, the relationships between Phoenix Manufacturing Corporation, Northland Financial and Foremost., Inc. have completely broken down since the March 27th meeting. It is my understanding Bill Marceau is totally detached from the transaction. As .you know, we are now dealing directly with the owner of Phoenix Manufacturing Corporation, Tom Giebel. Mr. Giebel has purchased directly from the First National Bank of Glencoe all personal assets of Foremost, Inc. Mr. Giebel has also informed us that Allen Fredendall will have no further involvement with any ongoing business at the former Foremost property. As a result, Mr. Giebel is looking to the EDA for a new lease on the property through the end of 1995. The enclosed Lease document constitutes the agreement we recommend between the EDA and Phoenix Manufacturing Corporation. The main points it requires are as follows: The lease term runs from April 24, 1995 through December 31, 1995. At this time the lease automatically terminates with no renewal option. The base rental is $20,020.00. Said amount constitutes the 1995 real estate taxes levied against the property. The entire rental payment is due on the commencement date of the lease, April 24, 1995. The lessee, Phoenix Manufacturing Corporation, will pay all other operatin9 expenses for the building such as all public and private utility expenses, insurance premiums and maintenance costs. The lessee agrees all substandard condit.ions of the building will be brought up to minimum code requirements at the lessee's expense. The EDA will also be named as a loss payee on all insurance policies. If the lessee holds over after the lease termination date, our arrangement will revert to a month-to-month rental arrangement with the monthly rental payment equal to 1/12 of the current base rent. The other terms of the lease are boiler plate to a standard commercial lease. If you need an explanation of any other terms, please let me know and I will respond accordingly. Kirk McDonald April t9, 1995 Page 3 -There are two issues which may need to be included in the lease that are absent from the document enclosed. An indemnification and hold harmless clause for hazardous substances and contamination should be inserted in the lease protecting the EDA from. exposure based on a possible use of the property that could cause such a problem. I have no reason to believe Phoenix Manufacturing Corporation deals with hazardous substances, therefore I doubt the inclusion of this clause will be a problem for it. Also, Giebel asked me about a reclamation provision which would allow them to "gut" the building of any moveable fixtures or equipment upon the lease termination. We provided this right to Foremost in our previous lease, but it is not included in the enclosed document. Mr. Giebel has questiOned me about the inclusion of such a provision. I informed him the EDA may be agreeable if it is still our intent to demolish this building after the lease termination. Of course, such a right would be agreeable only if it did not increase demolition costs. This provision should be discussed at the April 24 EDA meeting. Regarding the mutual release with Foremost, Inc., we are in the process of obtaining a signed release. It is currently being reviewed by Foremost's attorney. Basically, the release will terminate the Foremost Lease prior to the duly 19, 1995 lease termination date. This will allow us to enter into a new lease with Phoenix Manufacturing Corporation. In consideration for the release, the EDA will not pursue Foremost for the 1995 unpaid rent. This would be equal to $10,010.00. In further consideration for our waiver of the rental payment, Foremost will also waive any and all claims it has against the EDA or City connected with its ownership of the Foremost property. This includes all claims relative to contamination of the Foremost site by the adjacent Electronic Industries property. The release and waiver of the rental payment will essentially be a financial "wash" because Phoenix Manufacturing will be paying Foremost's unpaid rental payment as part of their base rent under the new lease. I have also spoken with Tom May from the Hennepin County Assessor's Office concernin9 the 1996 tax status for the property. I have made arrangements for the property to be classified as tax-exempt for real estate taxes payable in 1996. However, if Phoenix Manufacturing Corporation extends its occupancy of the building into the next year as a month-to-month tenancy, we will have to pay the County a portion of the rental received from Phoenix Corporation in lieu of taxes. I am working on receiving a letter Kirk McDonald April 19, 1995 Page 4 from the County Assessor's Office establishing this relationship for the property. Hopefully I will be able to. have that letter by the April 24 meeting. If you have any questions concerning this matter after reviewing this letter, please do not hesitate to contact me. Very truly yours, Steven A. Sondral slw4 Enclosures cc: Daniel J. Donahue REQUEST FOR ACTION originating Department Approved for Agenda Agenda Section City Manager EDA ...~.4-24-95 ' Kirk McDonald ,/' } Item No. By: Management Assistant By:'?/~ ' 5 ' /' / DISCUSSION REGARDING REQUEST BY/UNIVERSAL COLOR, INC. FOR GAP FINANCING LOAN FOR ACQUISITION OF/IMPROVEMENTS TO KUPPENHEIMER BUILDING, 7700 42ND AVENUE NORTH The owners of Universal Color, Inc. will be present at the April 24th EDA meeting to request consideration for a gap financing loan for the acquisitiOn of the Kuppenheimer Building located at 7700 42nd Avenue North and related building improvements. Universal Color, Inc. has been located in New Hope for 15 years and is presently leasing space at the Autohaus site at 7709 42nd Avenue. Universal Color has been trying to locate a suitable building for purchase in New Hope along 42nd Avenue for the last several years. The Kuppenheimer business is located directly across 42nd Avenue (north) from the Autohaus/Universal Color site and Kuppenheimer has determined that they will not be renewing their lease with the owner of the building, which expires at the end of July, 1995. Universal's lease with Autohaus expires on November 30, 1995, and Autohaus has indicated they do not wish to extend the lease. Therefore, Universal Color is pursuing acquisition of the Kuppenheimer building so that they can remain in New Hope where their customer base is established. Per the enclosed letter, Universal Color has negotiated a purchase agreement and has obtained a bank commitment, as well as a commitment for the SBA (Small Business Administration) portion of the loan. However, the SBA loan program is limited to providing financing for up to 90 % of the appraised value of the property and the building improvements necessary do not add to the appraised value of the building. The total use of funds (for land/building acquisition, building improvements, equipment purchase, etc) are $764,250. However, with the bank and SBA commitments and owners equity of $75,600, a gap of $140,000 in the source of funds remains. This is the loan amount Universal Color is requesting that the EDA consider. (The EDA provided Autohaus a $187,500 loan in 1991, and over 3/4 of that loan has now been repaid.) One benefit to the City if Universal Color completed the acquisition would be additional employment, as they would add five new full-time positions in the next two years. A future planned improvement to the building would be a drive-up window for photo drop off/pick up. The acquisition would eliminate the possibility of a vacant building on 42nd Avenue and the move would also allow Autohaus to complete their improvements to the from of their property, as originally planned. ,qtnff i.q n~.kin, cllr~_ctlnn frnm the D.I')A on how to nrc~_rl with thin remmnt MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ Universal Co/or inc. Quality Photofinishing April 20, 1995 Mr Dan Donahue Mr. Kirk McDonald City of New Hope 4401 Xylon Avenue North NeW Hope, MN 55428-4898 RE: UNIVERSAL COLOR, INC. Dear Messrs. Donahue and McDonald: Thank you for taking the time to meet with us recently to discuss our proposed acquisition of the Kuppenheimer building located at 7700 - 42nd Avenue North. We intend to purchase this property and relocate our business into this facility. We have made a great deal of progress toward completing the purchase. A purchase agreement has been negotiated, we have obtained a commitment from our bank and we have'a commitment from the Certified Development Company for the SBA portion of the loan. The problem we have encountered has been with the appraised value of the property in that it is not sufficient to support the amount of financing needed to complete the project under the SBA 504 loan program. The SBA 504 loan program is limited to providing financing for up to 90 percent of the appraised value of the property. The improvements required to make the building suitable for Universal's business are significant on a cost basis, but do not necessarily add to the appraised value of the building. Therefore, we are requesting a loan from the New Hope Economic Development Authority which will help bridge the "gap" in the financing structure. We are requesting a loan in the amount of $140,000 to be amortized over 20 years with a ten year balloon. To demonstrate Universal's commitment to the project, we as owners are contributing $75,000 on a personal basis and are also pledging all other assets of the corporation as additional security for the loan. 7701 42nd Avenue North, Minneapolis, MN 55427 Phone (612) 535-6435 · 1-800-325-6774 · FAX (612) 535-0163 Mr. [>an Donahue Mr. K/rk McDonald April 20, 1995 Page 2 Universal Color has been a corporate resident of New Hope for the last .15 years. It is a clean business and one that provides a valuable service to both the consumers and other businesses in the City and the surrounding area. Universal Color currently has 12 full-time employees. As a result of this project, we anticipate adding 5 full-time positions within the next two years. As a part of the building improvements, Universal is proposing to add a drive-up window for customers to use when dropping off or picking up film. This feature will benefi't disabled and elderly citizens as well as parents with children and the general public. In addition to the items listed above, there are other advantages for the community associated with the completion of this project. With Universal Coldr moving out of the Autohaus building, the owner of that building will then have the ability to complete the renovation of its property according to its obligation to the City. Also, the tenant of the subject property (Kuppenheimer) has a lease on the property through July of 1995. They have already indicated to the owner of the building that they do not intend to renew that lease. Therefore, if this project is not completed there would be a vacant building in an area of high visibility in the City. Universal Color's lease expires on November 30, 1995. Autohaus has indicated that it does not wish to extend the lease. We have been looking for a new Site within the City of New Hope for the last five years and have not been able to find a building suitable for our needs until this building became available. Taking both of these situations into consideration, we would probably have to look outside of New Hope if We are not able to buy the Kuppenheimer building. This is not what we want to do (which is indicated by the amount of time we have waited for a New Hope location) because our customer base is es~tablished in this area and it would hurt our business to move out of the area. Mr. Dan Donahue Mr. Kirk McDonald April 20, 1995 Page 3 We sincerely appreciate your consideration of this request. Time is of the essence in that the closing date is May 31, 1995. We did not approach the EDA sooner because this funding gap did not arise until we recently receix)ed the appraisal. We will be available at the meeting of the Economic Development Authority on Monday, April 24th. Please let me know if we can provide any additional information prior to that meeting. Sincerely, UNIVERSAL COLOR, INC. Paul C. Anderson President Michael E. Diederichs Vice President 7700 PARTNERSHIP, L.L.P. UNIVERSAL COLOR, INC. NEW HOPE, MINNESOTA USES AND SOURCES OF FUNDS USES OF FUNDS Land and Building Acquisition Building Improvements Equipment Purchase Soft Costs/Contingency SUBTOTAL SBA Debenture Fees TOTAL USES OF FUNDS $ 467,500 155,600 85,000 46,900 $ 755,000 9,2~0 SOURCES OF FUNDS Bank SBA 504 ' City of New Hope Owners' Equity TOTAL SOURCES OF FUNDS ' Includes SBA Debenture Pricing $ 269,750 279,000 140,000 75.500 $ 764.250 ~0' O' ...... :::::::;::':: '!i:'l ;.:;:;::i.:.i::::.;.:::::.:.'...' ======================================= / Dill ~ PLANNING AND DEVELOPMENT First Quarter 1995 Report City Council Synopsis Undoubtedly, the most important planning/zoning matter considered during the first quarter continued to be the construction of an athletic field complex at Cooper High School. The City Council passed a resolution approving the revised Conditions of Approval at the March 13th Council meeting and also awarded the contract for the construction of the street parking lot improvements. The City and School District will be working cooperatively together throughout the spring/summer to get this improvement accomplished. Another planning/zoning issue that was researched during the first quarter was the study of commercial recreational facilities in response to the moratorium ordinance that was approved during the fourth quarter of 1994. The Codes & Standards Committee, Planning Consultant and staff reviewed ordinances/regulations in a number of metro area communities and reached a consensus on their recommendations to the Planning Commission. The City Attorney prepared a draft ordinance incorporating these recommendations and the ordinance will be presented to the Planning Commission and City Council in April. The moratorium expires at the end of May. The major economic development issue/program undertaken during the first quarter was the initiation of the "Shop New Hope" promotion. The program was undertaken to assist retail businesses in the City and to educate residents about shopping opportunities in New Hope. A steering committee composed of shopping center owners/managers, local banks and major free-standing businesses was formed to formulate the program. Key Group Advertising was hired to assist with the promotion and the Mayor and City Council members are taking a very active role in spear heading the campaign. A City-wide kick-off event for all New Hope retailers will be held at the end of April and the 5-week campaign will last from mid-June and end at the Duk Duk Daze fireworks display. Already the organizing of this event has greatly enhanced the communication between the City Hall and local retailers. Respectfully submitted, Kirk McDonald Management Assistant/Community Development Coordinator PLANNING AND DEVELOPMENT First Quarter 1995 Report The Planning Commission reviewed the following cases during the first quarter: No. of Cases Notices Sent January 1 37 February 2 92 March 0 0 Month Jan. Feb. Mar. Type of Request Number Approved Denied Preliminary Plat 1 1 CUP-Karate School 1 1 CUP-Coffee Shop 1 1 No Meeting Withdrawn Tabled YEAR TO DATE TOTALS Preliminary Plat CUP APPROVED DENIED WITHDRAWN TABLED. 1 2 TOTALS 3 PLANNING/DEVELOPMENT ISSUES ~iiii~i!i!i!~iiiili~i~ii~- The City of New Hope requested approval of the Preliminary Plat of Marky Addition to subdivide the parcel into two lots to accommodate the construction of a zero lot line handicapped accessible twin home. The Preliminary Plat was approved by the Planning Commission and City Council in January subject to several conditions. One condition was that the lot lines be revised to provide for a 68-foot wide lot on the east and a 60-foot wide lot on the west to provide a greater setback from Winnetka Avenue. The Final Plat was approved by the City Council at the February 13th meeting. g~ii~i~ - At the January 3rd Planning Commission meeting, the following officers were elected: Chairman, Bob Gundershaug Vice-Chairman, Bill Sonsin Third Officer, Sharon Casson The City Council honored Robert Cameron, past Chair of the Planning Commission, at a February City Council meeting. Cameron resigned as Planning Commission Chairman in December after 21 years of service on the Commission. Commission and City Council approved a conditional use permit to allow a commercial recreational facility (karate school) at Winnetka Center at their meetings on February 7th and 13th, respectively. .. February 7th Planning Commission meeting, a conditional use permit was approved to allow 10. 11. a convenience food/gourmet coffee shop/deli at Midland Shopping Center, 2737 Winnetka Avenue North with the condition that the petitioner submit a revised plan prior to the Council meeting to allow for direct public access to the restroom. The City Council approved this request at their February 13th meeting. ~iiii~ii~!~iiiii~[i!ii!~!~~iiii~~ - The City Council passed a resolution approving revised Conditions of Approval on March 13th. The revisions included adding language to indicate that no exclusive Armstrong High School events be allowed at Cooper and all references to the Site Improvement & Development Agreement and financial guarantee were removed since improvements are not being made by the School District in the right-of-way. ~iii~~ - At the March 13th Council meeting, the City Council again approved the rezoning of the property from an I-1, Limited Industrial, Zoning District to an R-l, Single Family Residential, Zoning District for purposes of constructing a single family home on a vacant parcel. The Planning Commission and City Council had approved a similar request in 1994, but the rezoning had not been published due to the fact that construction had not been initiated. ~iiiii~iiii~~iiiiii~- On March 13th the City Council appointed James Damiani to the Planning Commission for a three-year term.. The new appointment was made due to the resignation of several commissioners at the end of 1994. ~iii~ii~~ - There was discussion at the February 13th City Council meeting regarding the potential for future housing redevelopment in the Bass Lake Road Extension area located between St. Raphael's Catholic Church and Sumter Avenue and between 55th Avenue and Bass Lake Road. Several property owners have inquired about the City's interest in purchasing their property and there is a need for improved access for emergency vehicles. The City Council directed staff to explore redevelopment possibilities and financing options for this area. During February/March City staff, the City Engineer and Planning Consultant prepared a report and options for possible redevelopment. A neighborhood meeting will be held in May and staff will report back to the City Council. iii~ii~ii!i~iiii~ - At the March 13th EDA meeting, the EDA discussed the "Shop New Hope" promotion to be conducted this summer in conjunction with Dulc Duk Daze. The idea behind the promotion is to help retail businesses City-wide. City staff met with Key Group Advertising, Inc. to discuss the promotion idea. A steering committee was formed and included shopping center owners/managers and some free-standing merchants, along with City staff, the Mayor and one Councilmember. This committee met on March 24th to brain-storm ideas for the promotion. An update was given at the March 27th EDA meeting on what was discussed by the steering committee and it was pointed out that the shopping center owners are willing to contribute funding for the promotion. A City-wide kick-off event will be held in April. ~~iii~ii-In March, Foremost, Inc. went out of business and the staff and EDA discussed various leasing options with the frans that acquired the assets of Foremost. ~~i~~~ii~!i~~ ' In March the City received a Comprehensive Plan Amendment from the City of Plymouth/Metropolitan Council and this issue will be reviewed by the Planning Commission in April. 12. 13. 14. 15. p~iii~i~:i~:.S[~- During the first quarter, the Codes & Standards Committee cominued their study and finalized their recommendations regarding billiard halls/commercial recreational facilities in the City. The City Attorney drafted an ordinance incorporating these recommendations, which will be reviewed by the Commission and City Council in April. ~!~!iii!~- During the first quarter, staff was informed that Universal Color Lab, Inc. will be pursuing the purchase of the Kuppenheimer Building on 42nd Avenue. Staff cooperated with Color Lab on a variety of issues, including a possible furore drive-thru area, street/ · easement issues, and a request to the EDA for a gap financing loan. ~i?~g~i~iii~ - During the first quarter, staff continued to facilitate the CCI project on Quebec Avenue. Work continued on title work for the closing and staff initiated work on the platting of the property. CCI will be moving into the rehabilitated building in April. ~~i!ii~~ii!i!~- During the first quarter, staff continued to participate in the Business Retention Program. A total of 377 New Hope businesses were surveyed during 1993 and 1994. There were no "Red Flags" during the first quarter because all the surveys were completed during the fourth quarter of 1994. During the first quarter staff has continued to update the list of available vacant land and buildings in the City. The purpose of maintaining a current vacant land/building listing is to provide more accurate information to businesses/industries wanting to locate in New Hope. Now that the surveys of New Hope businesses have been completed, cities involved in the Business Retention Program are looking at Phase II, which will consist of four general areas: Survey new businesses as they move into the area. Establish a summer youth program. Develop a clearing house between participating cities. Establish improved training programs at local colleges and vo-techs. Both a summary of Phase I Phase II and will be reviewed by the Executive Committee in April 1995. Respectfully submitted, Kirk McDonald Management Assistant/Community Development Coordinator HOUSING AND REDEVELOPMENT AUTHORITY First Quarter Report .. City Council Synopsis During the first quarter the City continued work on a number of housing and redevelopment activities. The site located at 7901/7909 51st Avenue North has been c/eared and is ready to be developed. During the first quarter the site was platted and plans and specifications were approved. Staff went out for bids in February and expect to approve a builder in April. /n addition, one unit has been sold and staff is advertising the other unit in local newspapers and papers that target the disabled population. The house located at 7109 62nd Avenue North has been rehabilitated and was put up for sale in October for $59,900. Applications were accepted from first-time home buyers interested in purchasing the property and a lottery was conducted in November to determine the buyer. The lottery winner was Daren Mattson, a New Hope resident. The City closed on the property on January 25, 1995. The property at 6073 Louisiana Avenue North, which adjoins 7109 62nd Avenue North at the southern property line, will probably be developed sometime in 1995. Staff is discussing developing a three bedroom handicap accessible twin home on the property. In addition, the City has applied for a Metropolitan Council Housing and Redevelopment Aqthority Housing Assistance Loan in the amount of $125,000 to help finance construction of the twin home. Staff is also looking at other blighted properties throughout New Hope that could be purchased, rehabilitated, and sold to Iow/moderate income families. A variety of other housing-related projects were also continued during the first quarter. The management of the Section 8 Program continued and the City submitted an application for the Minnesota NAHRO Educational Scholarship Program. Staff also participated in the 1995 5-City Remodeling Fair, in conjunction with the City of Crystal. New Hope coordinated all booth registrations and expense disbursements. This event was held on March 25th and was highly successful with a number of residents in attendance. Staff also continued to actively participate in a number of CO-OP Northwest housing activities. The selection of new staff for the CHODO was completed with the selection of PPL, with input from the 5 participating cities. Staff continued to work on the federally funded HOME projects in the City and prepared a 1995 grant application. Lastly, planning was initiated for a Renters Rights 8, Responsibilities Workshop to be conducted in May. The first quarter was a busy and successful one for the City of New Hope in housing and redevelopment activities. Respectfully submitted, Kirk McDonald Management Assistant/ Community Development Coordinator Sarah Bellefui] Administrative Analyst HOUSING AND REDEVELOPMENT AUTHORITY First Quarter 1995 Report The New Hope HRA continues to be busy with the management of housing programs and redevelopment activities in the City. Section 8 Rental Assistance Pro.am Currently, the Section 8 Rental Assistance Program is providing assistance to 253 New Hope low income families. This is down slightly from the 258 families that were being served in December. During this same time period in 1994, New Hope was providing assistance to 250 families, so overall the program is serving the about same number of families in 1995 as in 1994. The breakdown is as follows: Ceaifica~s Vouchers Total January 179 72 251 February 180 71 251 March 184 69 253 The number of housing inspections has decreased compared to the same time period in 1994. During the first quarter of 1995 a total of 84 inspections were completed, as compared to 88 for the same time period' in 1994. A breakdown of housing unit inspections for the first quarter is contained in the following table: Initial Reinspect Total Year to Date Section 8 58 26 84 84 Minnesota NAHRO Education Scholarship Program In December, the City initiated participation in the 1995 Minnesota NAHRO Education Scholarship Award. The Minnesota Chapter of the National Association of Housing and Redevelopment Officials has established an education scholarship to assist lower income individuals with post-secondary educational expenses. To qualify, the applicant must be a resident of a housing unit or be a participant in a rent assistance program. The applicant's annual household income must be at or below 50% of the area median income as determined by HUD. Individual scholarship awards of $500 per year for two years are available. The City has primary responsibility for promoting the program, taking/verifying applications, and sponsoring an applicant. The City solicited applications from persons the City feels would be good candidates for the program. During the first quarter, the City received an application and submitted it to Minnesota NAHRO for consideration. The scholarship awards will be announced during the second quarter. This will be the second year the City has participated in the program. Community_ Development Block Grant Program Housing Rehabilitation Program -- Hennepin County manages the Housing Rehabilitation Program for the City and maintains a waiting list. The funds assist low income persons in making basic repairs to homes that they own. Currently there are two residential households in the process of being assisted, one being rehabilitated and one on the waiting list. At this time all Year XVHI (1992/93) funds have been expended. Approximately $27,527 in funds has been expended or committed from Year XIX (1993/94) and $23,400 out of $26,400 has been committed from Year XX (1994/95) funds. Year XXI CDBG Funds -- During the first quarter, the City Council conducted the annual CDBG Public Hearing and staff submitted Year XXI Urban Hennepin County CDBG program statements. New Hope was allocated $182,816 for Year XXI and the funds were allocated as follows: Activity Child Day Care Senior Transportation Housing Rehabilitation Multi-Community Head Start Facility Senior Adult Day Care Facility Removal of Architectural Barriers Budget $ 15,000 11,010 30,000 8,100 34,000 84,706 $182,816 The City has also received $155,320 in program income that can be reprogrammed into other activities. The additional program income was generated by the Petro Fund reimbursement for contaminated soils clean-up at 42nd & Nevada Avenues and from scattered site rehabilitation funds from the project at 7109 62nd Avenue North. Of these funds, $30,000 has been designated to close out Phase I of the City Hall Remodeling Project (removal of architectural barriers) and $125,344 has been allocated for additional Scattered Site Housing activities. Scattered Site Housing Proiects During the first 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: 7901/7909 51st Avenue North -- During the fourth quarter of 1994, the City sought bids for an architect/designer for a twin home to be built at 7901/7909 51st Avenue North. Equal Access Homes was the low bid at $1,870. The City worked with Equal Access Homes to develop a design that was accessible to people with disabilities. The outcome was a twin home design that would be slab on grade construction, have two bedrooms, one bathroom, a kitchen, dining room, living room, utility room, and oversized garage. During the January 9, 1995 EDA meeting, the EDA approved the plans and specifications and ordered an advertisement for bids for the construction of the handicap accessible twin home. Also on January 9, the New Hope City Council approved the preliminary plat for the Marky Addition located at 7901/7909 51st Avenue North. The final plat was approved on February 13, 1995. With the approval of the plat and the plans and specs, staff put together a bid package for construction of the twin home. A bid opening was held on February 23. The results of the bids varied widely due to confusion over sewer and water work that needed to be done as part of the construction project. Because of this, the City decided to re-bid the project without the sewer and water work. The sewer and water portion was bid out separately. The City Council rejected the bids and authorized re-advertisement with revised specifications on March 13th. The re-bid package was distributed the middle of March. The re-bid opening is scheduled for April 4, 1995. During the fourth quarter of 1994 the City worked with Thompson Associates on the sale of the twin homes to individuals with disabilities. Numerous applications were received with three individuals determined to be eligible to purchase the homes. Of these, only one applicant decided to purchase one of the units. The City signed a purchase agreement with this individual on March 8, 1995. The EDA held a public hearing on the sale of the unit on March 27th, but tabled the action until new bids were received. Staff are currently marketing the other half of the twin home in local papers and in newspapers that target the disabled population. The EDA also approved Declaration of Covenants for the twin home at their February 27th meeting and approved minor revisions to the covenants at their March 27th meeting. 7109 62nd Avenue North -- The sale of this property was completed on January 25, 1995, to first- time homebuyer Daren Mattson. After Mr. Mattson moved into the property problems with the water heater and sewer back-up occurred. In response, the City replaced the water heater and paid for half of the sewer main clean-up. 6073 Louisiana Avenue North -- During the first quarter, staff has been working on a budget for the proposed construction of a three bedroom handicap accessible twin home proposed to be built at 6073 Louisiana Avenue North. This project would be funded through HOME, CDBG, and EDA funds. The City received additional HOME funding for this project from the CHODO during the first quarter. In addition, the City applied for a Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan in the amount of $125,000. The Housing Assistance Loan would be applied toward the construction of the twin home and paid back at the time of sale. Staff will present the three bedroom handicap accessible twin home concept to the City Council during the second quarter of 1995. CareBreak Facility -- The New Hope EDA acquired 5501 Boone Avenue North and the northern 75 feet on 5425 Boone Avenue North through the eminent domain/condemnation process, to facilitate the construction of the CareBreak Adult Day Care Center to be operated by Senior Outreach Services. At the present time the New Hope EDA owns a portion of 5425 Boone Avenue North and is proceeding in an ongoing condemnation action for 5501 Boone Avenue North. Because CareBreak has shown interest in purchasing the Homeward Bound site at 4741 Zealand Avenue North the City has put the project at 5501/5425 Boone on hold. CareBreak has indicated they will be seeking a rezoning and CUP to allow the Adult Day Care Center to locate at the Homeward Bound site and staff has initiated an environmental review of that site. The City has designated $100,000 (approximately $33,000 per year for three years) in CDBG funds for a future CareBreak facility. These funds need to be expended or reprogrammed by July 1, 1995. Conversion of a Fourplex or Sixplex to Group Home Facilities - During the first quarter, staff have been touring group homes within the northwest suburbs as part of a study to determine the feasibility of developing a small group home for the severely handicapped or the developmentally disabled. This project would be funded using HOME and EDA funds. Staff has spoken with three agencies: Spectrum Community Mental Health, Hammer Residences, and Breckinridge House about participating in a joint project with the City. A 1995 HOME application for funding has been submitted for this project. The City is looking at two sites for the project: 7621 62nd Avenue North and 7300/7316 Bass Lake Road. The project would require purchase and conversion of a fourplex or sixplex apartment building. The service provider or the CHODO would have to own the property after the rehabilitation has been completed. Purchase and Rehabilitation of Two Single Family Homes -- During the past few months staff have been surveying New Hope neighborhoods looking for two homes that are in severe need of rehabilitation. Once two homes have been located, staff will purchase, rehabilitate, and sell them to low or moderate income families. The project will be funded through HOME, CDBG, and EDA funds. In addition, the City has applied for a Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan in the amount of $120,000. The Housing Assistance Loan would be applied toward the purchase and rehabilitation of the homes and paid back at the time of sale. Other Housing Grants/Programs 1. Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan -- On February 9, 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 low 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. 2. Community Activity Set-Aside (CASA) Program -- The CHODO has recently been made the designee of $1 million in mortgage revenue bonds through the MHFA Community Activity Set-Aside (CASA) Program. CASA funds can be used to provide first-time homebuyer mortgages to low and moderate income people that are purchasing homes through the CHODO. Marquette Bank New Hope is the designated lender for the mortgage revenue funds. The interest rate for the funds are 6.85 % and are the exclusive use of the CHODO for period of nine months. 3. 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 low and moderate income first-time home buyers. The MCPP is a six month program that began on July 7, 1994, and ran for six 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 1994 the City received $849,000 with an interest rate of 7.3%. In November 1994 any funds remaining from the City's allotment were rolled into a State wide pool. This pool was available to all cities participating in the Minnesota City Participation Program. The City plans to participate in the program again in 1995. It is possible that the program will not be continued in 1995, therefore staff will review and apply for similar programs as they become available. 4. 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, will utilize $40,000 worth of HOME funds, in conjunction with other grant moneys, to acquire and build a handicap accessible twin home at 7901/7909 51st Avenue North. On February 2, 1995, the City presented the CHODO Board of Directors with a request for $57,500 for the construction of a three bedroom handicap accessible twin home to be built at 6073 Louisiana Avenue North and to purchase/rehabilitate one blighted single family home to sell to low income buyers. This request, along with requests from Crystal, Robbinsdale, and Brooklyn Park will use up the remaining 1993 HOME funds. 1995 HOME Grant -- During the first quarter of 1995 the CHODO hired Project for Pride in Living (PPL) to act as coordinator for the 1995 HOME grant. PPL will visit the five cities and discuss future CHODO projects. PPL will then complete and submit the 1995 HOME application to Hennepin County. New Hope is interested in converting a four or sixplex into housing for the disabled and purchasing, rehabilitating, and selling single family homes to low/moderate income first-time homebuyers. 5-City Multi-Jurisdictional Housing/Human Services Group -- Staff continues to participate in groups that seek out programs to integrate human services with multi-family housing complexes. Seven action groups have been formed and staff serves on the Planners' Sub-Group and the Housing and Human Services Group. Besides serving on these groups, staff reports to/attends Executive Committee meetings. These groups meet on an informal basis to coordinate housing programs, the annual remodeling fair, the Renters Rights' Forum, and other new initiatives. 5. Habitat for Humanity The City is interested in having Habitat for Humanity construct a home or homes in New Hope. In July 1994, the City presented three vacant, tax forfeited properties located at 4003-4015 Oregon to Habitat for Humanity for their inspection. Habitat for Humanity reviewed these lots, but decided not to initiate any construction activities in the Northwest suburbs in either 1994 or 1995. Multi-Family Housing Financial Assistance Policies In September 1994, the EDA approved a Multi-Family Housing Financial Assistance Policy to address requests for funding assistance for building rehabilitation/renovation work from owners of multi-family dwellings in the City. In February 1994, a loan proposal was approved for New Hope Apartments (four 12-unit buildings) for $200,000 in rehab work. The closing on the loan was completed in June and the renovation work was started in July. A substantial amount of work was completed during the third and fourth quarters and several payment requests were approved, subject to recommendations from the Inspections Department. At the November 14th EDA meeting, the EDA approved an additional $20,000 loan to cover additional unanticipated expenses including a new fire alarm system. Staff has been pleased with the cooperation of the owners and the overall execution of the rehabilitation project. This project should be completed in the spring of 1995 and staff is interested in undertaking a similar project at another multi-family housing complex in 1995. Broadway Village Apartments Community Center and Lighting Improvements Project This project continued throughout the fourth quarter of 1994 and the first quarter of 1995, with a majority of the work being completed and several pay requests being processed after review of the work by the Inspections Department. This project will be finalized/completed in the second quarter. Staff attended the grand opening of the Community Center in March. 1995 Remodeling Fair A great deal of staff time was spent during the first quarter in preparation for the 1995 5-City Remodeling Fair. At the January 9th City Council meeting, resolutions were passed approving agreements with Events of Distinction to assist with the Remodeling Fair workshops and door prizes and with Convention Services, Inc. to provide booths for the Remodeling Fair participants. New Hope coordinated the registration process and the disbursements for all expenses. The Fair was conducted on March 25th at the Crystal Community Center and was well attended. This was the third year of the event. Respectfully submitted, Kirk McDonald Management Assistant/ Community Development Coordinator Sarah Bellefuil Administrative Analyst ENGINEERING First Quarter 1995 Report City Council Synopsis Three major construction projects that will take place in 1995 required a great deal of staff time and City Council attention during the first quarter: 1. In January the pre-construction meeting was held for the $$th Avenue Railroad Bridge and Phase I of the Street Reconstruction Project. The bridge was constructed 1925 and is in need of major repair, with the major deficiency being the safety hazard posed by the inadequate roadway width between the existing concrete piers. Phase I of the project will include construction of a new railroad bridge and street/utility work approximately 250 feet either side of the bridge, The span between the new bridge abutments will be 70 feet and will accommodate a 48-foot wide roadway, a 5-foot wide sidewalk on each side and a 6-foot wide boulevard. A project bulletin was sent to all residents and businesses in the area in February and construction was started at the end of March. 2. Ail reports and agreements were approved for the Cooper High School Street and Parking Lot Improvements during the first quarter. In January the Feasibility Report was accepted, plans and specifications were approved, advertisement for bids were ordered and the public hearing was scheduled. In February the public hearing was held and favorable bids were received. In March after receiving a petition for the improvement from the School District, the contract for the street and parking lot work was awarded and the revised conditions for the planning case were approved. Ail City staff/representatives have worked in cooperation with the School District officials to move this project fo/ward. Construction on the City's portion of the work will begin the first part of June. 3. The 1995 Street and Storm Sewer Improvement Project also proceeded during the first quarter, with the Feasibility Report being accepted, public hearing being scheduled, and informational meeting with residents being conducted in January. The public hearing on the project was held in February and final plans and specifications ordered. Several petitions from residents were received in March, however, final plans and specifications were approved and the advertisement for bids was authorized. Bids will be opened and presented to the Council in April, at which time a decision will be made regarding proceeding with the project. These three major construction projects will be a top priority throughout the summer as the City strives to maintain good communication with residents and businesses through the distribution of periodic project bulletins. Two other transportation related projects received a lot of attention during the first quarter. A committee of school officials/parents/residents/police/City Engineer and other staff was formed and met twice to review the 36th/Boone Avenue Traffic Signal issue. No consensus was reached, however, a number of options were reviewed and the meetings had good attendance/input from residents. The Transportation Plan Update also progressed with a public input/open forum being conducted in January and completion of the preliminary draft with staff/Citizen Advisory Commission review in March. The final document will be presented to the Council in April. Lastly, Phase II City Hall Remodeling Improvements were completed in February, under the direction of the Director of Finance and Administration with the Inspections/Finance/Manager's Departments moving into their new quarters in March. The first quarter of 1995 was busy with these major, and a variety of other minor, engineering project goals and objectives being met. Respectfully submitted, Kirk McDonald Management Assistant/Community Development Coordinator ENGINEERING PROJECTS First Quarter 1995 Report Progress took place on the following major engineering projects during January, February and March, 1995: ~~i!~!i~~l - The contract for the bridge storm sewer improvements was awarded at the December 12th Council meeting to Johnson Brothers Corporation, low bidder on the project, in the mount of $1,299,936.25. A pre-construction meeting was conducted on January 12th with utility companies and construction personnel. The first project bulletin was sent out February 1st to 450 residences/businesses informing them of the upcoming project. Construction started at the end of Mamh, with the removal of old/construction of new bridge abutments. Short-term road closures will begin in April and extend until July, when the road will be permanently closed for two months. ~iii~ii~~i~~iii~~~ii~i~~i~- At the January 23rd Council meeting, the City Council approved the submittal of the Minnesota Petroleum Tank Release Compensation Fund Application Addendum for 42nd/Nevada Avenues soil clean up and also approved the request to MPCA for site closure and issuance of "no further action" letter. The City has not yet received a response from the PCA. o ~jg~iiiii~iiii~ii~~ili~- The majority of the work on the retaining wall project was completed in the fall of 1994 and remaining items, such as grading, sodding and some sidewalk reconstruction work, will be completed in the Spring of 1995. o ~j~i:i:~i:i:i~~:i:i~i:i:~i:i:~~~ - During the fourth quarter, letters were sent to the cities of Plymouth and Crystal requesting their participation in this project. During this quarter, the City Engineer met with the Crystal City Council to present the project and staff are communicating with Plymouth and the Watershed District. o ~i~!'.i!~~i~~iii~- An update on the Surface Water Management Plan was presented to the Council in December. Staff presented the following six storm water projects for consideration: Hoyt Development, 49th & Quebec Avenue Cooper/Brandell Pond, 47th & Flag Avenue 4400/4500 Quebec Avenue Gethsemane Cemetery, 40th & Boone Avenue Northwood Lake/36th Avenue Jaycee Park $ 50,000 400,000 100,000 150,000 900,000 100,000 $1,700,000 Options for financing storm water improvements were outlined and these options were fine tuned during the first quarter in preparation for a Council work session. ~iiiii~iiiiiii~iiiiii~{i~i~- Under the direction of the Finance Director, this project was essentially completed during the first quarter with the Inspections/Finance/Managers Departments moving into the renovated space in February/March. At the March 13th City Council meeting, Change Order No. 2 in the amount of $10,026 was approved for the project. 10. 11. 12. 13. 14. ~!~ - Discussions continued on a Staff level regarding the clock tower agreement with the School District and the 45th/Winnetka sign agreement with Winnetka Center. These remaining items should be completed this spring. The old reader board sign also will be removed this spring. ~j~ii~5!i~:i:i~~~!i~i~i! ~[~- This project included remodeling/resurfacing five basketball courts and color coating seven courts. At the January 23rd Council meeting, the improvements were accepted by the Council and final payment was authorized. December 12th City Council meeting, the final report of the 3-City Joint Water commission Water System Analysis was presented and accepted. The results of the study indicated the system is in good shape, however, certain upgrades are necessary. One recommended improvement would be to replace the north water tower located at 47th & Aquila with a new one million gallon water tower. The City's share (1/3) is estimated at $330,000 for the new water tower. The Council will be reviewing this recommendation at a spring work session. ~ii!i~'.:..'~ii!ii~iii~ii~ii~~- There was a considerable amount of Council and staff time devoted to this project during the first quarter. At the January 9th City Council meeting, the Council accepted the Engineering Feasibility Report and directed staff to hold an informational meeting regarding the project. At the January 23rd Council meeting, the Council passed a resolution setting the date for the public hearing. An informational meeting was held on. January 30th and a petition was submitted from some residents on Quebec and Rhode Island between 60th & 61st to delete this area with high PCI rankings. The public hearing was held on February 27th. The Council ordered construction of the project and preparation of final plans and specifications. A petition for exclusion from the proposed 1995 project was received and accepted by the Council at the March 13th meeting. At the March 27th Council meeting, the Council approved plans and specifications and ordered advertisement for bids. The bids will be presented to the Council for consideration at the April 24th meeting. ~i~ii~ii~~i~~i!!~- The City Council approved plans and specifications and authorized advertisement for bids for new play area equipment at Jaycee Park at the July 25th meeting. The City Council awarded the contract for play area equipment at Jaycee Park to Sunram Landscaping for $43,313 at the August 8th meeting. The installation of the equipment was completed during the fourth quarter and final site work will be completed in the spring of 1995. No activity took place on this project during the first quarter. ~.j.~!~iiii!!~i~~~ii~- On February 13th, the City Council approved the purchase of 4400 Quebec Avenue and authorized the sale of the property to Conductive Containers, Inc. The City acquired the property for $120,000. CCI is in the process of purchasing the property from the City and the City will utilize part of the property as a storm water retention pond/easement. The closing on the property should take place in April. ~j~ili~i~{iii~~ii~ii~ii~ A committee of school officials, parents, residents residing near this intersection, Police Department representatives, City Engineer and staff was formed to study this issue during the first quarter. The committee met twice, on March 9th and April 6th, and reviewed a variety of options. The staff will be taking this issue back to the Council in April. ~i~iiii~ii?~e~iii~ii?~8~ - Staff gave a progress report to the City Council on January 9th. A public meeting for resident input was held on January 28th. The preliminary draft 15. 16. 17. 18. 19. of the plan was reviewed by City staff on March 7th and was presented to the Citizen Advisory Commission for comments/review on March 20th. The final report will be presented to the Council in April. ~-~. ~l~i.i~i~.~g,i:~:i,8~[.,.~.i.~~~ - At the January 9th City Council meeting, the Council accepted the Engineering Feasibility Report, approved plans and specifications and ordered advertisement for bids. At the January 23rd meeting, the Council passed a resolution setting the date for the public hearing on the project. The public hearing was held on February 13th. Construction bids were opened on February 10th but the Council determined that an award would not be considered until after the February 16th School District bid opening. At the March 13th Council meeting, the Council approved a resolution ordering construction and approving the School District's petition for assessment and waiver of irregularity and appeal. At the same meeting the Council awarded the contract for construction to Hardrives, Inc. in the amount of $628,492.15. The Council also approved the revised Conditions of Approval to allow athletic facility expansion at Cooper High School (Planning Case 94-14). ~i~iii~ii!~ii~ii~ii~!~ - During the fourth quarter of 1994, the City Council reviewed staff's recommendations for five backyard drainage improvement projects, proposed to be funded out of the Storm Water Utility Fund: 1. 5960 Independence Avenue - overland drainage 2. 4808 Decatur Avenue - storm sewer construction 3. 8101-8201 47th Avenue - overland drainage or storm sewer construction 4. 4709 Utah Avenue - storm sewer construction 5. 4649 Rhode Island Avenue - storm sewer construction No activity took place on this project during the first quarter, however, this is a project the Council will discuss at an April work session. ~iiiiiii~iiiiiii~iiiiiii~ii~~ - During the fourth quarter of 1994, the Parks & Recreation staff met with the City Engineer and the baseball coach from Armstrong High School to discuss needed improvements to the field, as grading, irrigation and lighting improvements are programmed for 1995. Some initial surveying work was completed by the City Engineer on this project during the first quarter. ~iiiii~ii~ii~~~i~ ' At the November 14, 1994, Council meeting, the Council discussed a request to alter the playgrOUnd equipment at Northwood Park. The Council determined to refer the matter to the Citizen Advisory Commission and two meetings with the manufacturer of the equipment were also scheduled/conducted with neighbors and CAC. The Citizen Advisory Commission made a recommendation at their December meeting that Northwood Park be named the site for new play equipment in 1995 and this recommendation was approved by the Council in January. On February 21st another meeting was conducted by the Park and Recreation Department with neighbors to determine equipment needs and discuss plans. At the March 13th Council meeting, plans and specifications were approved and advertisement for bids was authorized. At the March 27th Council meeting, the contract for the equipment was awarded to Odland Construction, low bidder, in the amount of $61,614.00. Two play areas will be constructed: one for children ages 1 - 6 and one for children ages 6 - 12. The project is scheduled to be completed by July 1st. ~:. ........ 3i~ii~i~ii~~ - During the first quarter Park & Rec staff met with representatives from Bonestroo & Associates and reviewed the cracked pipe in the main pool and overall baby pool operations. Bids were sought for minor repairs and will be considered by the Council in April. When the pools are filled this spring, a f'mal evaluation will be completed. 20. plans and specifications for park shelter roof repairs at these parks at the March 27th Council meeting and bids are in the process of being solicited. · '' Kirk McDonald Management Assistant/ Community Development Coordinator ENGINEERING PROJECTS First Quarter 1995 Proj.# Project Name Jan. Feb. Mar. Apr/ Dec. 437 & 36th Avenue RR Bridge/Recon- Pre-Construction meeting held First Project Bulletin mailed Construction started 486 struction & Street/Utility Improvements (Wtka to Lousiana) 462 42nd/Nevada Avenue (Ground- Petro Fund Addendum & request water & Soil Cleanup) for site closure approved/ submitted to PCA 469 City-Wide Retaining Walls No activity during this quarter 498 Northwood Lake Drainage On-going discussions with Crystal Improvements and Plymouth during this quarter 499 Comprehensive Storm Water Plan Options to finance improvements & Projects discussed during this quarter 502 Phase II City Hall Remodeling Under construction Construction completed Move into new offices/change order #2 approved 507 42nd Avenue Landscape/ Continued to work on 45th/ Maintenance Improvements Winnetka sign and clock tower agreements during this quarter 512 Evaluation of Tennis/Basketball Council accepts improvements and Courts authorizes final payment 515 & 47th Avenue Water Tower No activity during this quarter 529 521 1995 Street Improvements & Feasibility Report accepted Public Hearing conducted Petitions received Storm Sewer Public Hearing scheduled Final Plans & Specs ordered Plans & Specs approved Informational meeting conducted Advertisiement for bids authorized 522 Jaycee Park Play Equipment No activity during this quarter 524 4400/4500 Quebec Avenue Council approves purchase of 4400 Quebec & sale to CCI for storm water pond Proj.# Project Name Jan. Feb. Mar. Apr/ Dec. 525 36th/Boone Traffic Signal Committee formed to study issue/ Committee met twice options 526 Traffic Plan Update Progress Report to Council Preliminary draft of report Public input open forum held received and reviewed by staff & Citizen Advisory Committee 527 Cooper Street & Parking Lot Feasibiity Report accepted Public Hearing held Contract for street improvements Improvements Plans & Specs approved Bids opened awarded Advertisement for bids ordered Revised Conditions of Approval Public Hearing scheduled passed 528 i995 Backyard Drainage Project No activity during this quarter 530 Lighted Field Improvements Surveying work continued during this quarter 531 Northwood Park Play Equipment Park approved for new equipment Neighborhood meeting held to Plans & Specs approved by Council discuss equipment Advertisement for bids ordered ~ Bids received/contract awarded 532 1995 Municipal Swimming Pool Analysis of Pool operations in Bids sought for minor repairs Study process during first two months 534 Park Shelter Roof Repairs Plans & Specs approved ~ (Holiday & Little Acre Parks) Advertisement for bids ordered 536 Ice Arena Expansion City Engineer meets with staff Study to discuss concept expansion plans U R B P L A N NG · DE S I G N M AR K E R S E Inc. ARCH MEMORANDUM TO: Kirk McDonald FROM: Richard McLaughlin/Alan Brixius DATE: 21 April 1995 New Hope - Bass Lake Road Redevelopment Project FILE NO: 131.00 - 95.03 Please find attached a copy of the Bass Lake Road Redevelopment planning report for review by the City. We hope this report provides an understanding of the various issues and costs associated with the redevelopment project being proposed. Although the accuracy of cost figures depend greatly on more detailed analysis of individual components of the redevelopment project, market conditions, and the time at which certain phases of the process are implemented, we have assembled conservative estimation of project costs for four different development scenarios. The estimation with which we are least comfortable is the roadway costs generated by either a through street or a cul-de-sac in Scheme 3 and 4. These costs will require further examination. However, the cost figures for each scheme are based on the same criteria in order to establish a basis of comparison. Perhaps more significant is that this report provides a conceptual framework by which an appropriate course of action may be evaluated and then pursued by the City. Each of the four design schemes presented offer certain benefits and limitations to the City's urban evolution. By providing comparative criteria with regard to local urban issues to be resolved, desirable building types in the real estate market, as well as redevelopment costs, we have provided necessary information by which the City may pursue a course of action beneficial to the City, the local neighborhood, and future residents of the redevelopment project. Should you have any questions or comments, please do not hesitate to call. Dan Donahue Doug Sandstad Mark Hanson 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636. Fax. 595-9837 Nor wes ssociat ed Consultan s, Inc. m m · m m m mm m m m m m m m m m ~ mm m m m m~ ~ m m m m m m m N m U R B P L A N G DES I G N M A R K E T R S E A R C H PLANNING REPORT TO: FROM: DATE: RE: FILE NO: New Hope Mayor and City Council Richard McLaughlin/Alan Brixius 21 April 1995 New Hope - Bass Lake Road Redevelopment Project 131.00 - 95.03 BACKGROUND The City of New Hope has established a Neighborhood Redevelopment Project Area at the comer of Bass Lake Road and Sumter Avenue North. The project's purpose is to replace deteriorating housing stock and to replat over-sized and under-utilized lots. The intended result of this project is to improve the local neighborhood character, provide market rate housing in the project area, and add value to the surrounding neighborhood. Attached for reference: Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit O - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Project Location Study Area/Project Boundaries Existing Topography Property Identification Map Property Prof'fle Listing Project Issues Map Scheme 1: Single Family (13 Lots) Scheme 1: Affected Lots Scheme 2: Single Family (15 Lots) Scheme 2: Affected Lots Scheme 3: Townhouse (12 Lots)/Single Family (6 Lots) Exhibit L - Scheme 3: Affected Lots Exhibit M - Scheme 4: Townhouse (22 Lots) Exhibit N - Scheme 4: Affected Lots 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 SITE CONTEXT A fundamental issue with regard to this redevelopment project is to improve the land and building utilization of this critical gateway into New Hope from the east (Exhibit A). The City has prepared a report which identifies the properties in the redevelopment project study area under consideration for demolition and redevelopment. In review of this report, it becomes highly evident that there are several land use, zoning and/or building concerns associated with the existing condition of these properties. Redevelopment of individual properties to correct land use, zoning and/or building deficiencies would be extensive and would not resolve inherent problems with this area's growth. Particularly evident is that existing lot configurations of the identified properties are not conducive to efficient infrastructure access. (The City's property status report is referenced as an addendum to this report.) The Project Boundaries and Study Area Map (Exhibit B) describe the existing property locations and configurations being examined. The study area is defined by the frame, and the project boundaries are defined by the outline, enclosing the lots under consideration for acquisition and redevelopment. On the Exiting Topography Map (Exhibit C), the lots under consideration are removed to reveal the underlying elevations. Generally, there is a gradual stepped slope to the southeastern corner of the site, indicating its natural drainage pattern. Individual properties are identified on the Property Identification Map (Exhibit D), and referenced to the Property Prof'fle Listing (Exhibit E). Reviewing the profiles of the eleven (11) principal properties under consideration, it becomes evident that these properties provide an opportunity for local area redevelopment. ISSUES IDF2NTIFICATION The Project Issues Map (Exhibit F) locates particular areas of consideration in the design development of the project area redevelopment. Of significant importance are listed in sequence of their importance. Housing Condition. As described by the City's status report concerning the eleven properties, the condition of this housing stock is poor to marginal. Most properties have significant code violations inherent to their age as well as their level of maintenance and upgrades. Lot Configuration. Especially with the right-of-way extension of Bass Lake Road neces~ to access the three southwestern properties, the lot conf'.~guration of all properties does not provide an efficient use of the land. A reconfigurafion of the lot structure to increase the efficiency of municipal service delivery, automobile access, and land use appropriate to the traffic characteristics of adjacent roadways would create lots having greater value to individual property owners, as well as to the City. 2 Bass Lake Road. Bass Lake Road is a minor arterial connecting several northwest suburban communities of the Twin Cities Metropolitan Area. As a function of its roadway classification, Bass Lake Road is more of a commercial corridor, and less desirable as a single family residential address. As traffic intensifies and volumes increase, the impact on the redevelopment site will become more significant. The building types and buffering between the roadway and the existing neighborhood southward must be such that the land values in this transition zone are retained. Local Commercial Land Uses. Directly north of the project area, across Bass Lake Road, are two business establishments. To the west of Sumter Avenue, behind the two residential lots closer to Bass Lake Road, is an under-sized commercial lot. As a component of the redevelopment plan, rezoning these two residential lots to commercial would expand the commercial acreage, and therefore the impacts of such uses on the residential neighborhood in the project area. The traffic intensities along Bass Lake Road are reflective of this type of commercial activity. Sumter Avenue/Bass Lake Road Intersection. This local intersection is jogged approximately 40 feet to the east at the Bass Lake Road intersection, resulting in an efficient and unsafe intersection design. In order to create an intersection which handles vehicular traffic and pedestrian crossings more efficiently and safely, the realignment of Sumter Avenue to the west is being considered in conjunction with the property redevelopment planning. Alanon. The building which houses the Alanon services is a non-conforming use in a residential neighborhood. The facility has inadequate parking, is in marginal condition, and impacts the local neighborhood with occasional noise, traffic, and trash problems. The potential impact of this property and its specific use on the existing neighborhood, as well as new development, may adversely affect property values. St. Raphael's Church. The church has a large congregation and is a large semi-public land use in the area. A large open space behind the building appears contiguous to Elm Grove Park. Elm Grove Park. The significance of this neighborhood park and the open spaces behind St. Raphael's as open space recreation areas, especially for children, cannot be ignored. Elm Grove Park in particular is a community amenity and its connections to neighborhoods adjacent to the project area are critical. As a City sponsored redevelopment project, this site should ensure physical connections are established such that the park is safe and convenient to use, and visually monitored by neighborhood residents. Taking into account these site specific issues, the fundamental planning issue is to coordinate a redevelopment strategy which utilizes the defined project site as a catalyst for increased investment and,redevelopment throughout the local area. The principal function of a redevelopment program is to not only increase the value of the project area itself, but also surrounding properties such that the entire area becomes a functioning, valuable urban component of the City. CONCEPT DEVELOPMENT Several concepts or design schemes were developed as a response to the issues identified. Review of these schemes with regard to generalized planning motivations and construction feasibility isolated four which deserve further analysis. However, each scenario responds to the issues with common features. These design elements are listed as follows: 1. A seven foot dedication to the Bass Lake Road right-of-way to provide opportunities for future roadway expansion, and pedestrian sidewalk construction between the roadway and the residential lots being developed. 2. A realignment of Sumter Avenue to provide a direct crossing of Bass lake Road. 3. Visual screening of the Alanon property from new residential l~a using landscaping and/or fencing techniques. 4. Visual screening of the St. Raphael's Church and parking lot from new residential lots using landscaping and/or fencing techniques. 5. With the exception of Scheme 2, visual screening of Bass ~ Road from new residential lots using berming, dense landscaping and/or fencing techniques. 6. With the exception of Scheme 2, vehicular access from BaSS Lake Road is discouraged. 7. The southern portion of lot 5 is dedicated for purchase by ~ #7608 and #7624. 8. The two lots on the western side of Sumter Avenue,//5537 ~ 15559, would be dedicated for commercial land use and would be rezoned accordingly. 4 The following descriptions identify the unique characteristics of each design scenario: Scheme 1: Single Family - 13 Lots (Exhibit G) The principal advantage of this scenario is that it reorients lots away from Bass Lake Road, provides buffer space, and preserves the existing single family residential character of the area. The scenario creates a single family home neighborhood around a cul-de-sac buffered from Bass lake Road. The neighborhood is linked with Elm Grove Park and recognizes the surface drainage characteristics of the area's topography. The scenario would, however, require additional land acquisition from lot #5530 to achieve the diagramed lot configuration. An additional four lots would be gained using this scenario, above the nine lots being replaced on this block. Scheme 2: Single Family - 15 Lots (Exhibit I) This scenario offers a higher density alternative in which the lot, street, and block characteristics are more consistent with the plat of surrounding neighborhoods. A principal disadvantage is that at least five lots would have access only from Bass lake Road, unless the driveway for the comer lot is oriented toward Sumter Avenue. Lot sizes would be significantly smaller tha~ those of the established neighborhood to the south.' Also, a public pathway connection between the new development is not indicated, although the potential to dedicate a pedestrian walkway between the two southeastern lots is available. The residual right-of-way dedication off of Bass Lake Road would be sold to either the Alanon facility and/or St. Raphael's Church, to accommodate additional parking. Additional property would be acquired from Lots #7624 and #7700. An additional six lots would be gained using this scenario, above the nine lots being replaced on this block. Scheme 3: Townhouse - 12 Lots/Single Family - 6 Lots (Exhibit This scenario establishes a land use transition between Bass Lake Road traffic intensity and the single family house neighborhood to the south by including both townhouse and smaller lot single family homes which back up to similar single family house lots. A roadway connection between Sumter Avenue and 55th Avenue would be created to continue the network of streets established bY the adjacent neighborhood. Rather than a through street, the option exists to create a cubde-sac between the single family house and the townhouses in the southwest comer of the project site. An additional nine lots would be gained using this scenario, above the nine lots being replaced on this block. Scheme 4: Townhouse - 22 Lots (Exhibit M) Development exclusively with townhouse unit types would maximize the site's density potential, and therefore return on redevelopment investment. The higher density residential building type also provides a logical land use transition between the existing single family house neighborhood to the south and traffic intensity of Bass Lake Road to the north. A semi-public open space walkway and landscape buffering provides a transition zone between the townhouse neighborhood and the single family house lots to the south. This scenario would be best developed as a planned unit development. No additional land would be required, but additional roadway construction would be necessary to provide a through street by Elm Grove Park. A cul-de-sac could terminate the roadway on the southeast comer of the project site. A visually secure pedestrian commons network would be provided as a neighborhood open space amenity. An additional thix~n lots would be gained using the scenario, above the nine lots being replaced on this block. The four schemes described provide a range of alternatives by which the redevelopment project may be pursued. Each have inherent advantages and disadvantages in addressing the issues described previously. Determining the relative costs and return on investment for each of these scenarios is the next step in this analysis. Results of those cost comparisons should l~e taken into consideration along with local market preferences as well as the long term impact of each scenario on neighboring properties. PROJECT COSTS The following expenses can be expected as a result of the redevelopment of the project site. There were no appraisals done for the existing properties. Therefore, the acquisition, relocation, demolition, and public improvement costs are based on amounts provided by the City and its consultants. Acquisition. The following represents the 1994 assessed land and building value of all 11 properties (see Exhibit E), plus 10% in order to be generally consistent with the market values associated with the Multiple Listing Service (MLS). At the time of acquisition, the City should conduct an appraisal of the property according to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) to determine more accurately the reimbursable value of each property. Assessed Value (11 properties) 10 Percent (Market Value) $715,600 71,560 $787,160 6 Bo Relocation. The Uniform Act is the principal guide in determining the appropriate relocation procedures. Using the guidelines of the Uniform Act and with assistance from Wilson Development Services, our determination of replacement housing payments were based on three fundamental elements: Differential between acquired and comparable housing. Incidental closing costs. Increased interest rate reimbursement. The differential amount is the largest factor. It is a function of what is available in the real estate market at the time of displacement. The more time the City has to f'md a unit, the better its chances of not having to use an overpriced comparable. The displacing agency must f'md a comparable rephcement unit before it can give the occupant a 90 day notice to vacate. The comparable must be available to the displacee and be functionally equivalent. That means approximately the same size, number of rooms, bedrooms and bathrooms, etc. Closing costs include mortgage origination fees, credit report, title opinion, recording fees, etc., typically run $2,500 - $3,000 per property. Increased mortgage interest rate assistance is to compensate the displacee in the event the mortgage interest rate is greater at the new house. This is typically a nominal amount in this period of reasonable interest rates. In cooperation with Wilson Development Services, a survey of the immediate neighborhood was conducted. Two or three houses were found that had signs in front but were not yet on MI3. One was priced at $79,900 and one at $77,850. This demonstrates any property under $90,000 moves very quickly and the agents are not rushing to get those listings into MLS. There seems to be many houses that would list for under $90,000 in the area, however, they do not turnover very quickly. March, April and May usually generate a number of listings since many people try to coordinate moving with school schedules. It would not be wise to anticipate that many more homes will be coming on the market, especially if interest rates stay steady, they usually do in the spring and summer. The MLS shows the following number of comparable properties for sale as of this date in the New Hope Area: El:ira_Range /~la._.g_az_Sala $60,000-70,0O0 1 $70,000-80,000 1 $80,000-90,000 3 $90,000-100,000 13 7 In today's market, total housing replacement values may be anticipated at between $15,000 and $25,000, assuming appraisals would correspond to the valuations described to us by the City. This range,may seem high, but the limited number of available homes would drive the costs higher than ordinarily anticipated. For our purposes, the cost of comparable housing has been designated as $90,000, the price range most functionally equivalent to the housing being replaced. To determine the cost of acquisition for our calculations, an average assessed value of all eleven lots was used, plus ten percent to achieve market value. Two of 'these lots are currently for sale. Therefore, the voluntary acquisition may allow waiver of relocation benefits, and a reduction in these costs to the City. However, for the purposes of this evaluation, the average market value of all eleven properties were considered. Typical Replacement Housing Cost of Comparable Housing Cost of Acquisition $90,000 - 71,500 Differential Payment 18,500 Incidental Costs Mortgage Interest Rate Adjustment Estimated Moving Costs + 3,000 -0- + 1,200 Total Replacement Cost $22,700* Relocation Cost F_ztimate Replacement Housing $22,7~ X I1 Total $249,7~ * This figure represents a conservative estimate of replacement c~ts. If the City phases acquisition over time to accommodate more voluntary sales, or ma find less expensive comparable housing at the time of acquisition, some relocation sainga may be realized. Demolition. The following estimations were provided by the City Engineer. These figures include a 10 percent contingency fee and 25 % for indirect costs and services associated with the project's implementation. , Detached Garage/Outbuilding; 6 units @ $1,500/unit Single Family Housing (no garage); 6 units @ $3,000/unit Single Family with Garage; 5 units @ $4,500/unit $ 9,000 18,000 22,500 Sub-Total $49,500 10% Contingency 4,950 25 % Indirect 12,375 Do TOTAL $66,825 Subdivision. The following is a rough estimation of the necessary survey and replatting costs associated with preparing the new lots for sale: Subdivision $5,000 Public Improvements. The following estimations were provided by the City Engineer. They reflect a 10 percent contingency and 25 percent indirect cost and service fee associated with the project's implementation. These values vary slightly based on individual design scenarios, and will be reflected in the cost estimations of each scenario in succeeding sections. A minimum of 425 linear feet of roadway and public utility installation, described by Scenario 1, was used as the base value for extensions of public utilities in other scenarios: Storm Sewer Street/Grading Sanitar~ Sewer Water Main Services Realign Sumter Sub-Total 10 % Contingency 25 % Indirect $ 23,540 63,950 21,960 19,350 13,400 19,700 $161,900 16,190 40,475 TOTAL $ 218,565 9 F. Total Cost for Site Preparations Land Acquisition $ 787,160 Relocation 249,700 Demolition 661825 Subdivision 5,000 Public Improvements 218,565 TOTAL $1,327,250 COST ANALYSIS/SCHENIE The following cost analysis provides a basis of comparison among the various design schemes described previously. Additional land acquisition and sale amounts are calculated based on a percentage of the lot area being subdivided times the assessed land value of the property. An additional 10 percent is included to cover market value of land and transaction costs. The sales price of lots were based on the estimated lot prices of comparable properties of the neighborhood. In discussion with a real estate professional, these values were substantiated as reasonable. Scheme 1: Single Family (13 Lots) Site Preparation Additional Land Acquisition~ Additional Land Sale: $1,327,250 + 4,510 6,930 TOTAL $1,327,830 ~ An additional 3,325 square feet would be acquired from lot 5520 Sumter Avenue to complete the lot configuration of this scenario. : The additional land from lot 5 upon resubdivision would be sold to property owners at 7608 and 7624 55th Avenue. Lot Sales 13 Single Family Lots @ $25,000/Lot 1 Commercial Lot $325,000 70,000 $395,000 10 Redevelopment Cost Lot Sales City Investment $1,324,830 -395,000 $929,830 Average City Investment Per Lot (14 lots) $ 66,416 Scheme 2: .Single Family (15 Lots) Site Preparation Utility Servicet Additional Land Salez $1,327,250 -1,400 - 6,930 $1,318,920 ~ Utility service connections are calculated on an average cost of $1,400 per unit, including sewer, water, curb stop and other public utilities. In the case of Scheme 2, two additional service hookups will be required on Bass Lake Road, and the existing three service hookups along Bass Lake Road are subtracted out. A total of 12 new service connections are necessary in this design scenario. z The additional land from lot 5 upon resubdivision would be sold to property owners at 7608 and 7624 55th Avenue. Lot Sales 15 Single Family Lots @ $25,000/Lot 1 Commercial Lot $375,000 70,000 $445,000 Redevelopmem Costs Lot Sales City Investment $1,318,920 445,000 873,920 Average City Investment Per Lot (16 lots) $ 54,620 11 Scheme 3: Townhouse (12 Lots)/Single Family (6 Lots) Site Preparation Additional Service Hookup~ Additional Street/Grading2 Additional Water Main3 Additional Sanitary Sewer4 Additional Land Sale~ TOTAL $1,327 250 + 7 000 + 100.000 + 10 710 + 12 410 - 6 930 $1,450,440 t Additional service hookup is calculated on an average cost of $1,400 per unit. In the case of Scheme 3, five additional service hookups will be required. 2 Additional street/grading is calculated on an average of $200/linear foot above the 425 linear feet calculated for Scheme 1. In the case of Scheme 3, an additional 500 feet will be required to connect Sumter Avenue with 55th Avenue. 3 Additional water main is calculated on an average of $64/linear foot above the 42:5 linear feet calculated for Scheme 1. In the case of Scheme 3, an additional 170 feet will be required to access all lots. 4 Additional sanitary sewer is calculated on an average of $73/linear foot above the 425 linear feet calculated for Scheme 1. In the case of Scheme 3, an additional 170 feet will be required to access all lots. 5 The additional land from lot 5 upon resubdivision would be sold to property owners at 7608 and 7624 55th Avenue Lot Sales 12 Townhouse Lots ~ $20,000/Lot 6 Single Family Lots @ $25,000/Lot 1 Commercial Lot $240,000 150,000 70,000 $460,000 Redevelopment Costs Lot Sales City Investment $1,450,440 460,000 990,440 Average City Investment Per Lot (19 lots) $ 52,128 12 Scheme 4: Townhouse (22 Lots) Site Preparation Additional Service Hookup Additional Street/Grading2 Additional Water Main3 Additional Sanitary Sewer4 Additional I.and Sales TOTAL $1,327,250 + 12,600 + 100,000 + 10,710 + 12,410 6,930 $1,456,040 ~ Additional service hookup is calculated on an average cost of $1,400 per unit. In the case of Scheme 4, nine additional service hookups will be required. 2 Additional streeffgrading is calculated on an average of $200/linear foot above the 425 linear feet calculated for Scheme 1. In the case of Scheme 4, an additional 500 feet will be required to connect Sumter Avenue with 55th Avenue. 3 Additional water main is calculated on an average of $64/linear foot above the 425 linear feet calculated for Scheme 1. In the case of Scheme 4, an additional 170 feet will be required to access all lots. 4 Additional sanitary sewer is calculated on an average of $73/linear foot above the 425 linear feet calculated for Scheme 1. In the case of Scheme 4, an additional 170 feet will be required to access all lots. s The additional land from lot 5 upon resubdivision would be sold to property owners at 7608 and 7624 55th Avenue Lot Sales 22 Townhouse Lots @ $20,O00/Lot 1 commercial LOt $510,000 Redevelopment Costs LOt Sales City Investment $1,456,040 510,000 $946,040 Average City Investment Per LOt (25 lots) $ 41,132 13 Summary Redevelopment Scenarios City lnve,~tmerll' Scheme 1 (13 residential lots)(1 commercial lot) Scheme 2 (15 residential lots)(1 commercial lot) Scheme 3 (18 residential lots)(1 commercial lot) Scheme 4 (22 residential lots)(1 commercial lot) Average City Investment Per LOt $928,830 $66,416 873,920 54,620 990,440 52,128 946,040 41,132 Both Scheme 3 and 4 have the capacity to be reconfigured to accommodate a cul-de-sac at the southeastern comer of the project site, rather than having the through street as shown in Exhibits K and M. In this case, the potential of losing one lot in each scenario exists due to the required diameter of 100 feet of pavement and 120 feet of right-of-way. (See Section 13.053, City Code). Consideration should also be given to the aesthetic and functional aspects of such a design. The large expanse of pavement and resulting smaller lots may significantly diminish the neighborhood street character offered by these schemes. In addition, elimination of the through street would reduce the access and visual security of Elm Grove Park, a necessary consideration if this neighborhood park is to be a marketable amenity of the new development. However, for the purposes of comparison, the following cost estimation is given using a cul-de- sac alternative for Scheme 3 and 4, eliminating approximately 215 linear feet of street/grading improvements. The actual roadway costs of this alternative would require a cost estimation by the City Engineer. A loss in the number of lots, lot size or lot value was not considered in this evaluation. As a result, the City investment would be reduced by approximately $43,000 in each scenario. Average City ~J~JlY. e~A~ Inventment Per I~t Scheme 1 (14 Lots) Scheme 2 (16 Lots) Scheme 3 (19 Lots) With Cul-de-sac Scheme 4 (23 Lots) With Cul-de-sac $928,830 $66,416 $873,920 $54,620 $947,440 $49,865 $903,040 $39,262 Real Estate Market Considerations Exhibits G, I, K and M, depicting all four schemes, were presented to a real estate agent very familiar with the redevelopment area. The purpose was to solicit an opinion regarding the marketability of these schemes and suggestions which may improve the marketability of housing build on the project site. The discussion substantiated certain impressions which should be confirmed as the redevelopment project progresses. However, the following points are worth serious consideration with regard to the local housing market: 14 o o The townhouse concept would provide the most desirable housing type in this area for three fundamental reasons: ao There is currently a lack of housing types for "empty nesters" and young families who do not desire large lots and the maintenance associated With such property ownership. bo The convenient access and close proximity to neighborhood shopping and transit routes would reduce a resident's reliance on automobile travel and ownership. The reduced land cost allows delivery of more building space within the price range of the local comparable housing. do A homeowner's association among townhouse residents offers greater consistency and attention to property maintenance throughout the project. eo A variety of floor plans, including rambler, split entry, and two story configurations, would provide choice for buyer's preferences, as well as interesting architectural building forms. .- Semi-public and public open space amenities On site and in Elm Grove Park would be marketable features of a redevelopment project. Any housing in this area should be developed to sell for less than $115,000 in order for buyers to qualify for FHA mortgages. This redevelopment project should be the first phase of the City's investment into this area. Further redevelopment iniafives and private development incentives have the potential to improve property values in the area, increase commercial investment and activity, and therefore increase the City's tax base. CONCLUSION The four schemes analyzed present four alternative design scenarios having different development costs per unit as well as impacts on surrounding properties. The chosen scheme should balance the project's investment costs with the target home buying market and the project's ability to resolve some of the urgent urban issues of the area. 15 Project Location City of New. Hope S~NGL~ F~dN..Y RESiOENTI&I. SINGLE AND TWO F~,MILY RESIOENTIAL MEO~ OENSITY RESIOENTIAk HIGH DENSITY RESIOENTIA~ R-4 SENIOR CITIZEN RESIDENTIAL R-5 RESIDENTIAL OFFICE LIMITED NEIGHBORHO00 8USINESS ~-I RETAIL BUSINESS AUTO ORIENTED BUSINESS COMMUNITY BUSINESS ~-4 LIMITED tNOUSTRIAL [- I GENERAL INDUSTRIAL FL~ ~AIN FP W(T LANO w 'Associated ~-~ Consuitants,.inc. '! .> I /) I 0 (~;-ff) l~.!~ommoD qlaoN OnUOA¥ aalmns I e e e BASS LAKE ROAD HOUSING DEVELOPMENT ADDRESS/PID 05-118-21-33-0028 7615 Bass Lake Road 05-118-21-33-0088 7605 Bass Lake Road 05-118-21-33-0089 7609 Bass Lake Road 05-118-21-33-0023 7643 Bass Lake Road 05-118-21-33-0091 7601 Bass Lake Road 05-118-21-33-0087 7603 Bass Lake Road 05-118-21-33-0027 7621 Bass Lake Road 05-118-21-33-0094 7608 55th Ave. N. 05-118-21-33-0095 7616 55th Ave. N. 05 - ! 18-21-33-0096 7624 55th Ave. N. 05-118-21-33-0097 7700 55th Ave. N. 05-118-21-33-0098 7708 55th Ave. N. 05-118-21-33-0082 5559 Sumter Ave. N. 05-118-21-33-0022 5537 Sumter Ave. N. OWNER/TAXPAYER NH Alano Group, Incl M. Hilgers Bank of Am. Trustee Taxp: Ronald/Sharie Huebner Beatrice Dolan Timothy/Lois White Kenneth Kunze Jerome/Karla McBrady Roy Edison M. & B. Drenth Lowell Buss Arlene Peterson Dana Dempscy .I. LaLiberte Betty Dejno Land: -0- Bldg: -0- Land: 19,500 Bldg: 33,000 Land: 22,600 Bldg: 45,000 Land: 21,500 Bldg: 49,000 Land: 21,500 Bldg: 59,000 Land: 21,000 - Bldg: 33,000 Land: 21,500 Bldg: 56,000 Land: 21,500 Bldg: 78,000 Land: 21,500 Bldg: 80,000 Land: 21,500 Bldg: 76,000 Land: 21,500 Bldg: 70,000 Land: 21,500 Bldg: 60,000 Land: 21,500 Bldg: 42,000 Land: 21,500 Bldg: 47,000 Exhibit E e Se e BASS LAKE ROAD HOUSING DEVELOPMENT ADDRESS/PID 05-118-21-33-0026 5531 Sumter Ave. N. 05-118-21-33-0084 5519 Sumter Ave. N. 05-118-21-33-0086 5509 Sumter Ave. N. 05-118-21-33-0030 5501 Sumter Ave. N. 05-118-21-33-0099 5510 Sumter Ave. N. 05-118-21-33-0085 5520 Sumter Ave. N. 05-118-21-33-0029 5530 Sumter Ave. N. 05-118-21-33-0024 5538 Sumter Ave. N. 05-118-21-33-0025 5546 Sumter Ave. N. OWNER/TAXPAYER Gerald/Elaine Hanle Tammy/Rome Kessler Kenneth Descant Ernest Opheim Jmes/Pamela Schilling 15195 Edgewater Circle Prior Lake 55372 Patrick Olek Douglas Hodgeman John Dore Luverne Peterson Land: 22,500 Bldg: 52,000 Land: 21,500 Bldg: 47,000 Land: 21,500 Bldg: 55,000 Land: 21,500 Bldg: 44,000 Land: 21,500 Bldg: 33,000 Land: 20,500 Bldg: 45,000 Land: 22,500 Bldg: 39,000 Land: 21,500 Bldg: 47,000 Land: 19,500 Bldg: 52,000 Total all properties assessed value Total 9 properties in minimum project $1,612,600 $ 605,100 Exhibit E q",.~oM anua~v ~a:~mns tll.~o~ onuoxv aoltunS ~_....~ -- I ..--.---j o qla0N anua.~¥ aaltun$ Z STEVEN A,$ONDRALL MICHAEL R. LAFLEUR MARTIN P, MALECHA WILLIAM C, STRAIT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 March 31, 1995 Mr. Kirk McDonald Management Assistant City of New Hope 4401X¥1on Avenue North New Hope, MN 55428 RE: Regulation of Tattoo Parlors Our File No: 99.40066 Dear Kirk- Recently, you asked me to research the City's ability to regulate and/or prOhibit the occupation of tattooing and tattoo parlors in the City. I have discovered some interesting information about the tattoo business. The State does not regulate this business. The State leaves all regulation to local authorities. I am enclosing for your review ordinances I have obtained from Bloomington, Minnetonka, Minneapolis and St. Cloud that permit and regulate this business. I also discussed this issue with Mark Grimes, the Golden Valley City Planner. Golden Valley permits tattoo parlors within the City apparently without any regulation. Grimes informed me even if they had restrictions, they lack the staff for enforcement purposes. They have a business called Ace Tattoo located in a small shopping center at County Road 169 and Medicine Lake Road right on New Hope's southern border. Grimes tells me they have had no problems or complaints with this business. Regarding our legal authority to regulate or prohibit, I can find no Minnesota court decisions commenting on this issue. However, I have found Florida and New York state court decisions ruling that municipal regulation of the tattooing business is legal. Specifically, in the Florida case of Golden v. McCarty, 337 So.2d 388 (1976), the Court upheld a regulation making it unlawful for any person except a duly licensed doctor or dentist or a person Mr. Kirk McDonald March 31, 1995 Page 2 under the direction and supervision of a doctor or dentist to tattoo the body of any human being. The subsequent Florida case of Piperato v. Zue]ch, 395 So.2d 1231 (1981) further held a supervising doctor or dentist had to have personal contact with a customer or be present when the tattoo was applied by a person acting under the doctor or dentist's direction. The New York cases of Grossman v. Baumgartner, 281 N.E.2d 259 (1966) and People v. O'Sullivan, 409 NYS2d 332 (1978) upheld ordinances prohibiting all tattooing of human beings except by licensed medical doctors for medical purposes only. In other words, in New York only doctors can apply tattoos and then only if there is a medical reason for doing it. Basically, it is not known how Minnesota courts would treat this issue. The fixed rule and basic standard by which the validity of a regulation is tested is whether it is reasonable (16 Am. Jur.2d, Constitutional Law Section 277). In other words, a City ordinance will be upheld if it is reasonably necessary and appropriate to accomplish the legitimate purpose falling within its scope. The legitigate objective of an ordinance regulating the tattoo business is the protection of public health. Therefore, any ordinance protecting public health deemed to be reasonable, impartial and not against the general policy of the State will be upheld irrespective of pecuniary loss individuals may suffer by its enforcement. In this case, the inability of "lay tattoo artists" to practice their profession in New Hope. Of course, this is assuming the Minnesota courts adopt the same rationale used by the Florida and New York courts referenced in the above cases. Please let me know if you would like us to prepare a proposed ordinance in connection with this issue, and if so, the extent of the requested regulation. Very truly yours, Steven A. Sondrall slf2 Enclosures cc: Daniel J. Donahue, City Manager Wcity of bloomington, mlnnesoto Division AA. Tattoo Establishments Added by Ord. No. g4-55, 10-17-94 SEC. 14.~.95.200. The purpose of this Division is to regulate the bt~.~iness of taffootng In order to protect the health and welfare of the general public. The City Council finds that the experience of other cities indicates that there I.~ a connection between tattooing and hepatitis and other health problems. The City Cotmdl finds that stringent reg. ulatlons governing tattooing can minimize the hepatitis and disease risk and therefore p~otect the general health and welfare of the community. (Added by Ord, No. 94-55, 10-17-94) .SI~C. 1~,.~95,201. DEF[blITIONS_~ The following words and terms when used in this Article shall have the following meanings unless the context clearly indicates othec~vise: Clean - the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous maffer. Gped Repair - free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. Heait~..Officer. - the Director of the City Environmental Services Division or the Director's designee or any Inspector of such Divi.~ion. Iss.u~n~l Aut_h_qrity - the City of Bloomington Licensing Section. _T_ettoot..rLq. - the marking of the skin of a person by insertion of pen'nanent colors by Introducing them through ptincture of the skin. (Added by Ord. No. 94.55, 10.1%94) sECt 14.295.202. LICE_N~.~.QUIRED;.F,,~X__~ I.~T_LQ.~. No person shall operate any establishment where tattooing is practiced, nor engage in the practice of tattooing without being licensed p~Jrsuant to this Division. A state-licensed physician who engages in the practice of tattooing shall be exempt from the licen.~e requirementS, (Added by Ord. No, 94-55, 10-17-94) . C,~F~. 1 9~,,~_.203. LIC S~r~t~_.~&TION, Every application for a license under this Division shall be made on a form supplied by the Issuing Authority and shall request the following information: (a) If the applicant is a natural person: (1) The name, place and date of biffh, street residence address, and phone number of the applicant. (2) Whether the applicant is a citizen of the United States, a resident ellen, or is able to legally be employed in the United States. (3) Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used. (4) The name of the business if it is to be conducted under a designation, name, or style other than the ~lame of the applicant and a certified COl3Y of the certificate as required by Minnesota Statutes, Section 333.01. (5) The street addresses at which the applicant has lived during the preceding f'~e (5) years. (6) The type, name and location of every business or occupation tn which the applicant has been engaged during the preceding five (5') years, and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding f'we (5) years. (7) Whether the applicant h~.~ ever been convicted of a felony, crime, or violation of any ordinance other than a petty misdemeanor. If so, the applicant shall furnish information as tO the time, place and offense for which convictions were had. (b) If the applicant is a partnership: (1) The name(s) and address(es) of all general and limited partnem and all information concerning each general partner req~imd in ,~tJhpart (e) of the Section. (2) The name(s) of the mnnaging partner(s) and the interest of each partner in the tattooing establishment, (3) A true copy of the partnership agreement shall be submitted with the application. If the partnemhtp is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application. (c) If the applicant is a corporation of other business: (1) The name of the corporation or business formed, and if incorporated, the state of incorporation. (2) A tree copy of the certificate of incorporation. If the applicant is a foreign corporation, a certificate of authority as required by Minne.~ota Statutes, Section 303.06 shall be attached to the application. (3) The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in subpart (a) of this Section. (d) For all applicants: (1) Whether the applicant holds a current taffooing license from am/ other governmental unit. (2) Whether the applicant has previously been denied a tattooing license from any other governmental unit. (3) The location of the bt~siness premises and the legal de.~crlpflon thereof. (4) Whether all real estate end personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. (5) Whenever the application is for premises either planned or under constnJction or undergoing sub~antial alterations, the application shall be accompanied by e set of preliminary plans showing the design of the propo.e, ed premises to be licensed. If the plans of design are on file with the City of Bloomington Building and Inspection Division, no plans need be submitted to the Issuing Authority. (6) Such other information the City Council or the Issuing Authority may require. (Added by Ord. No. 94-55, 10-17-94) SEC. 14,29.5-204. APPUCATIONEXECUTION. All applications for a license ~,nder this Division shall be signed and sworn to. If the application is that of a natt~ral person, it shall be signed and sworn to by such person; if that of a corporation, by an off'ruer thereof; if that of e partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall resuR in the denial of a license. (Added by Ord. No. 94-S5, 10-17-94) SEC. 14.295.205. APPMCATIO_N__~.RIFICATION. All applications shall be referred to the Issuing Authority for verification and Investigation of the facts set forth in the application, inclt~ding any necessary cdminal background checks to assure compliance with this Division. The application shall be issued or denied by the Issuing Authority in accordance with Sections 14.295.207 and 14.295.208 of this Division. (Added by Ord, No. g4-55, 10-17-g4) _~._C_ J.~2...9_5..,.2,0_6 ,_ _L.I _C. E N S E E E..E__. The fee for a Ilcen.~e under lhis Division shall be as set fodh in Section 14.03 of this Code. The fee shall be submitted al the lime the application is filed and any refund shall be in accordance with Section 14.11.04 of this Code. (Added by Ord. No. 94-55, 10-17-94) SEC. 14.295.207. PERSONS INELIGIBLE_F_OJ~.LIC_ENSE. (a) No license under thi.~ Division shall be issued to an applicant who is a natural person if such applicant: (1) Is a minor at the time the application is filed; (2) Has been convicted of any cdme directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation end present fitness to perform the duties of the licensed occupation as prescribed hy Minn~ota ~tatutes, Section 364.03, subd. 3; (3) Is not a citizen of the United States, e re.~ident alien, or does not have the legal authority to be employed in tile United States; or (4) Is not of good moral character or repute. (b) No license under lhis Division shall be issued to a partnership if such partnership has any general partner or managing partner: (1) Who Is a minor at the time the application is filed; (2) Who has been convicted of any crime directly related to the occupation liCensed as prescribed by Minnesota Statutes, Section 3~4.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, Section 364.03, subd. 3; (3) Who is not a citizen of the United Stales, a resident alien, or does not have the legal authority to be employed in the United States; or (4) Is not of good moral character or repute. (c) No license under this Division shall be issued to a corporation or other organization if such applicant has any manager, proprietor, or agent In charge of the business to be licensed: (1) Who is a minor at the time the application Is filed; (2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present illness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, Sectton 364.03, subd. 3; (3) Who is not a citizen of the United States, a resident allen, or does not have the legal authority to be employed in the United States; or (4) Is not of good moral character or repute. (Added by Ord. No. 94-55, 10-17-94) SE.C. 14.295.208. LOCATIONS INELIGIBLE FOR A LICENSE. The following locations shall be ineligible for a license under this Division. (a) .Taxes Due on P__roperb/. No licen.e,e shall be granted or renewed for operation on any property on which taxes, essessment.~, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes. Section 278.01 - 278.03, questioning the amount of validRy of taxes, the City Council may on application waive strict compliance with thi.~ provi.e, ion; no waiver may be granted, however, for taxes or any porlion thereof whtch remain unpaid for · period exceeding one (1) year after becoming due. 02×17/95 15:45 C[T', OP PLOOHIIIGTOII AE,H[II [,EPT ~ 9.12~55P..67 ~10.?79 P~J5 (13) Improper .Z_onin~l, No licen.~e shall be granted or renewed if the property is not properly zoned for tattooing establishments cinder Chapter lg of this Code. (c) ~r.e__m_j.~.es Ucensed for Alcoholi.c_Bever.a_~les. No license shall be granted or renewed if the premises is licensed for the flJmizhing of alcoholic beverages ImlmJant to Chapter 13 of this Code or is licensed ns a sexually-oriented business pursJJant to Chapter 14, Article IV, Division V, (Added by Ord. No. 94-55, 10-17-g4) $1~C. 14295.209. GENERAL (a) Tattoos o.n._~b3_gJ~.. No person shall tattoo any person [Inder the age of eighteen (18) except in the presence of, and with the written permission of, the parent or legal guardian of such minor. (b) Prohibition on L_iq_e._n_s.e. Tr.a.n..s.f.e_[. The license granted under this Division is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place-to-place of from person-to-person without first complying with the requirements of an original application, except in the case in which an existing noncorporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. (c) Hours of O_i~....[._a.ti_o.g. A licensee under this Division shall not be open for business for taffoolng before 7:00 a.m. nor after 11:00 p.m. (d) .L. iQ~qsed Premises. The tattoo establishment license is only effective for the compact and contiguous space, specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Issuing Authority. (e) I~ffect of License Susp.e_n. ~i~qrigr Revocation. No person shall ,~olicit business or offer to perform tattooing services while under license st~spension or revocation by the City. (0 _M..aj.o. tenance of Order. The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order. (g) Emplo. y_qe_.U.'.Si~. The licensee shall provide to the Issuing A~dhority a list of employees who perform tattooing at the licensed establishment and shall verify that each employee has received a copy of Sections 14.295.209 and 14.295.210. (h) _Li.~.l~ili[¥ Insurance. All licensees shall have at all times a valid certificate of inst~rance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee is ct~rrently covered in the tattoo business by a liability insurance policy. The minimum limits of coverage for such Insurance shall be: (1) each (,.laim, at least $200,000; (2) each group of claim.~, et least $500,000. Such ins~rance ,e, hall be kept in force dudng the term of the license and shall provide for notification to the City prior to termination or cancellation. A certificate of insurance shall be filed with the City. (Added by O~1. No. 94-$S, 10-17-94) ~EC. 14.295.210. H .E,~L,TH AND SANITATI_O.N..._R,E_Q_UIREMENTS. No person shall engage in the practice of taffooing at any place in the City without complying with the following regulations: ' 0~i?/95 15:45 F_ITY OF BLOOMIhlGTOH ADI4Itl [,EPT ~ ~558A? ~10.?79 P0~]6 (a) L~yatory Req~i~ro.e~nt. Every place where t~tooing is practiced ,~hall be equipped wffh an adequate and conveniently located toilet mom and hand lavatory for the accommodation of employees and patrons. The hand lavato[y sl~all be supplied wilh hat and cold running water under pressure; shall he maintained in good repair at all times; and shall be kept in a clean and sanitary condition. Toilet fixtt~res and seats shall be of a sanitary ripen front design and readily cleanable. Easily cleanable, covered receptacles shall be pmvlded for waste materials. Every lavatory facility shall be provided with an adequate supply of hand cleansing compound and single-service sanitary towels or hand-drying devices. (b) Skin Infectj.9_0.. No person having any skin infection or other diseases of the skin shall be tattooed. (c) Sterili_z.aljon and_.Dis. P.OSal of Bi~._l~az.at~lous Mat_ejj_ej.% All needles and razor blades shall be Individually pre-packaged, pm-sterilized and disposable. No such equipment shall be used on more than one customer. All bio-hazardm~s waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the Health Officer, Sledlizing solutions and methods may be used for the purpose of sterilizing in~ruments other than needles and razor blades when such sterilizing solutions and methods are approved by the Health Officer. (d) .~kin Preparatj0n Prooedu_w_e~.. The following procedures shall be used for skin preparation: (1) Each operator shall wash his or her hands thoroughly with soap and water and then dry them with a clean towel before and after each tattooing. Operators with .skin infections of the hand shall not perform any tattooing services. (2) Whenever it is necessary to shave tl~e skin, pre-packaged, pre-sterilized, disposable, razor blades shall be used. (3) The skin area to be taffooed shall be thoroughly denned with germicidal soap, rinsed thorOughly with water, and sterilized with an antiseptic solution approved by the Health Officer. Only single-service towels and wipes shall be used in the skin cleaning process. (e) O_O_p~.ratina Fu_m_itu_J3~. All lables, chaim, flsmiture, or area on which a patron receives a tatloo shall be covered by single-service di.~posable paper or dean linens, or in the alternative, the table, chair, or fumifllre on which the patron receives a tattoo shall be Impervious to moisture and shall be propedy sanitized after each tattoo, (O .T__o__we_~. Every operator shall provide single-service towels or wipes for each customer or person and s~Jch towels or wipes shall be stored and disposed of in a manner aoceptable to the Health Officer. (g) Garments of Ooer~0£. Every operator shall wear clean, washable garments when engaged in the practice of tattooing. If garments are contaminated with Mood or body fluids, such garment shall be removed and changed. (h) P_p_[aments. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents and substances including mercury. The pigments u.e, ed from stock solutions for each customer shall be placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after use on eactt customer in accordance with procedures approved by the Health Officer. (i) Minimum FI.oQr Space... There shall not be less than 150 square feet of floor space at the place where the practice of tattooincl is conducted, and said place shall be so lighted end ventilated as to comply with the standards approved by the Health Officer. Fj2~ 1'2x95 15:z15 ,_ I ~ , uF BLDLtHIIIGTL~t~ Al,HIll [~EP¥ ~ 9,~.2_55P_,P,_? t10.'779 IP~7 ~ (i) I_n~_u.~rlce of A/~_oh(~l _a.rld Druj~. No person shall practice taffooing while under the influence of alcoholic beverages or illlclt drugs. No cu~omer shall be tattooed while under the influence of alcoholic beverages or illicit drugs. (k) W.dtten Instructi0..n.s.. The. operator shall provide the person tattooed with printed instnJctions on the approved care of the tattoo during the healing process, (I] t-ivint:l Q_u.a.G.e..~. No place licensed as a tattoo establishment shall be used or occupied as living or sleeping quarters. (Added by Ord, No. 94-55. 10-17-94) SE,C,. 14.295.211.. SANCTIONS_FOR LICENSE_VIOLATIONS. (a) The Cfly Council may revoke the license or suspend the license for a violation of: (1) Any provision of this Division or any other local law governing the same activity during the license period, (2) Any criminal law during the license period which adversely affects on the ability to honestly, safety, or lawfully conduct a tattooing business. (b) The City Council may revoke the licen.~e or suspend the license if the licensee submitted false information or omitted material Information in the license process required by this Division. (c) A revocation or s~,spension shall be preceded by wriffen notice to the licensee and a hearing before the City Council. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed l(~ the licensee at the most recent address listed on the application. (Added by Ord. No. 94-55, 10-17-94) S~EC. 14.295..~12. IssUA_NQE OF TE__MPORARY TA~T..T_OOING EVEj~__T LICENSE. (a) The Issuing Authority may iss[le a temporary tattooing event license, provided that the following license requirements are met: (1) Duration_pr Event. The event ts no longer than four (4) continuous days. (2) N__q_m_he[of Events.. The same person or organization has had no more than four (4) tattooing events in the same calendar year. (3) Se_.~dW Measure. s_. The Chief of Police has approved the security measures for the event. (4) He. alth Insl3_e_qti~. The Health Officer has reviewed the health and sanitation measures for the event and has inspected each vendor space for the event. (5) Lia.b_i.l[ty/nsurance. Liabllity insurance has been obtained to cover the event or in the alternative each vendor has promjred insurance to cover the vendo~s operations at the event. The minimum limits of coverage for such insurance shall be: (A) each claim, at least $200,000; (B) each grmlp of claims, at least $500,000. A cediflcate of Insurance shall be filed with the City. (6) Hou .rs of O[~eratio_o.. No taffooing can take place before 7:00 a,m. nor after 11:00 (7) M~aig.tenance of__Order. The licensee shall be responsible for the conduct of persons dudng the event and shall at all times maintain conditions of order. (8) T__o~j[e_t R;oomS_. The event shall take place at a location equipped with adequate and conveniently located toilet rooms and hand lavatories for the accommodation of employees and patrons. The hand lavatory shall be supplied with hot and cold rennin{3 water under pressure; shall be maintained in good repair at all times; and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary open front design and readily cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand cleansing compound and single- service sanitary tow~l.~ er hand-dryir~ devices. (9) Skin Infections. No person having any skin infection or other disease of the skin shall be tattooed dudng the event. (10) Sterilization and_D~il(LS, el_o.f_.Bi0-Hazardous Materials. All needles and razor blades shall be Indlvld~Jally p~-packacled, pre-sterilized and disposable. No such equipmenl shall be used on more than one cu~omer. All bio-hazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the Health Officer, Sterilizing solutlon.~ may he ~.~ed for the purpose of sterilizing instruments other than needles and razor blades when .~lmh .~tedlizing .~olutions are approved by the Health Officer. (11) Skin Preparation Procedures. The following procedures shall be used for skin preparation: (A) Each operator shall wash his or her hands thoroughly with soap and water and then dry them with a clean towel before and after each tattooing. Operators with skin infections of the hand shall not perform any tattooing .,~rvices. (B) Whenever it is necessary to .~have the skin, pm-packaged, pre-sterilized, disposable, razor blades shall be used. (C) The skin area to be tattooed shall be thoroughly cleaned with germicidal soap, dnsed thoroughly with water, and sterilized with an antiseptic solution approved by the Health Officer. Only single-service towels and wipes shall be used In the skin cleaning process. (t2) ~_e.l~ents of Ofz~jlt,~. Each operator at the event shall wear clean, washable garments when engaged in the practice of tattooing. If garments are contaminated with blood or body fluids, such garment shall be removed and changed. (13) P__lgm_e_Dt_s. Pigments used In tattooing during the event shall be sterile and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer shall be placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after use on each customer in accordance with proced[~res approved by the Health Officer. (14) Influence of Alcohol and Drug.s_. No person shall practice tattooing while under the Influence of alcoholic beverages or illicit drugs. No customer shall be tattooed during the event while under the influence of alcoholic beverages or illicit drags. (15) Written Instructions. Each operator at the event shall provide the person tattooed with printed in,ructions on the approved care of the taffoo during the healing process. (16) T_a~t[o_o..s_o. rj_l~j.09.r~i. No person shall tattoo any person under the age of eighteen (18) except in the presence of, and with the written permission of, the parent or legal guardian of such minor. (b) Ap~ticatLoj~. The temporary license application shall request Ihe following information: (1) The applicant's name and ct~rrent address. (2) The applicant's c~rrent employer. (3) The applicant's addresses for the previous five (5) years. (4) The appllc, ant's social security number, date of birth, home telephone number, weight, height, color of eyes, and color of hair. (5) Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other lhan a petty misdemeanor, and, if -~o, the time, place, and offense for which convictions were had. (6) Whether the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used. (7) The location when the event will be conducted. (8) The number of taffoo booths that will be operafionat at the event. (9) The names and addresses of persons in charge of the event. (c) ~Ic_~eD~__V.._e_rj.~.c~tion and Issuance. The Is~Juing Authority shall verify the information supplied on the teml'mmry license application and shall investigate the backgro~snd, tach,ding the current background of the applicant. Within seven (7) days of receipt of a complete application, the Issuing Authority shall grant or deny the application. An applicant who Is denied a license by the Issuing Authority shall be granted a right to appeal to the City Council. (Added by Ord. No. 94-55, 10-17-94) SEC. 14.295,213. PENALTY. A violation of thi.~ Division shall be a misdemeanor under Mlnne.e, ota law. (Added by Ord. No. 94-55, 1(}-17-94) SEC. 14.295.214. SEVERABILITy. If any section, subsection, sentence, clause, or phrase of this Division is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division. The City Council hereby declares that it would have adoCed the Division in each section, subsection, sentence, ClaUSe, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. (Added by Ord. No. 94-55, 10-17-94) INFORP~TION SER¥IC£ League of Minnesota Ctties 183 University Ave E. St. Paul. ~N SS101 Classification ~ ~ Municipality ~ 0..~~ Date _~ ~7 Subject City ma~~ set rules'16r tatto9 §hops By JOYCE JOHNSTON {lie_ city lin-bt . U~ ~~, ~ dty~ Wrno'- dGtbm iaduded _nmab~ bm- ~aa~. 8tsap mid. . nut b~md umni~mm ~ +-k-t tk- ~ limlth ham's m-~iam m '& 'We~ve done ~ ~ X .L V 'l ~ P,Z~ 0 : ~E CJ INFORMATION SERVICE League of Minnesota Cit(es 183 University Ave E. St. Paul, MN 55101 tl the etreeta of the city, which bond ~hall cover or more photographcr-catployeea of tim and sh~l b~ ~i~ten h~ t~vor o[ the ~ty ~d p,r~m who ~ht ~r or aua~ ~y d~aga ~mg out of the o~on of ~e b~ae~ of s~t photo~aphy, ~ that t~ s~e ~1 rcm~n full for~ ~d e~ d~g thc ~at~ of smd 88~.60. Iamu~ce of ~ce~; badge. ~t~fled that the app~ h of ~d moral ~r ~d hM met the r~men~ of~ heue a B~nse to ~e appH~t ~ en~ m the bu~e~ of smut pho~aphy, ~d s~ ~h the app~ ~th a ~ ~ge ~t 1~ t~ two i2) in&~ in ~ter whi~ sh~l mn~ ~e words "Street Photosrapher. License "The ~n~ ~d ~1 employs. we~ ~d ~ge in a ~m~o~ p~ on ~e~ Pet. No. 251179, ~ 2~0, 12-29-89) chap~r sh~, in ~e ~ndu~ of the bu~e~, Sovern~ by ~e fo~ re~o~: {~ The E~ ~ not obsMu~t or ~ . ~tdestd~ tr~c, ~d sh~ not rem~ mo~ th~ f~ (15) mJnB~i ~ ~y on~ ' l~flon on ~e sidewslk tur~. (d} The li~m~ ah~ s~ t~t ~ ~ wMch · o~ ~ whom ~ey haw ~n ~ed picked up ~om the aidew~ or a~t. (e) No pe~son ~ ~ r~d by ~ or ~y of ~e ~'s pho~aph~ or employes ~ p~ ~hmg for p~tur~ without first having tho opportu~ty of ,eeing, ~thout ch~ge, a proof of the pic- ture ~en, (~ The licensee shall at all times ke~p the p~Lmuen~ of ~ ~d ~nsumer adv~ of tho ~ of ~ently employed pho~pher~, m~d ~d dep~men/ be noti/i~d within fo~-eight (48) hou~ when ~y of tim ~na ~e no longer em- ployed by the ~censee. (Code 19~0, ~ ~end., ~ ~46.070; 90-Or-081, ~ I, CHAPTER aaT, RESERVED* CHAPTER sas. TAITOOING 339.10. l~fined. Tha word "tattm~ing" ~a in ~ chap~r m~ ~e m~g of the ~ of a ~on by h~e~ion of ~ent ~1o~ ~ i~- ~odu~g them ~ou~ puncture of the (~e 1960, ~ ~end., ~ 362.010) 889.20. Lice~e req~. No person riced, nor engage ~ ~ pr~i~ of ~thout ~g h~ ~d~ ~ ~ap~. 1960, ~ ~end., ~ 852.020) 339.30. Application for lioense, Any person d~,iri~ a licer~e uridar th_i, chapter shall file with the department of lic~ma~ and cormumer an application in writing, eisned by maid appli- cant, contadning the name et the appliramt, ff an tmdividual, tl~ o_-~,~- of ~opartners, ff a parta~r- ship, and ff a corporation, the --~ of the prin- cipal officers of ~u~h eorparatian, ~o~ther with brief d~cription of the ~ or location ~ which such b~s!n_asz i~ to tm condu~'umL (Code 1960, Aa ~a~ud., § aa2.0ao} 339.40. Location restricted, No person shall engage in ~he pra~tlce o/tattooing at arty place oth,r than tho ~-ihed in the application and lic~rma. (Coda 1960, Aa Amend., § 362.030} a3s.50. Licex~e f~, The annual fee for a Ii. cerise to engage in tim practice of tattooing, shall 1877, rep~mb~a fo~m~r Ch. 337, §t~ aa?.lo-aa?.~o, rtlu~iv8 ~ surveyors and d. rivcd from Cod4 1960, ~ ~en~d, ii 3~.010-a28.1~,~4~o~ ~ 0~. 11. 1974, [ 1. l!~upp. No. 1 1446 (_ II II AND BUI]INEI~S I~GULATION8 t 33~,~0 be one hund~d twenty, fl~ dollar~ ($125.00}. 1960, A~ Amend., § 353.040; Ord. of 1o-11-74, ii 1; 77-Or-147, § 1, 7-15-77; 78-Or-258, § 1, 12-8-78; 83-Or-060, § 1, 4-8.83; 66-0r-0il. ii 1, 8-14-86; 90- Or-014, § 1, 1-26-90; 91-Or-0tS, 339.60, When licensee expire. All lic~naea is. su~d under thi~ chapter shall ~-pire on tho flrs~ Monday in May of each year. (Code 196(], Aa Amend., § 35'A050) a39.7o. Licensing procedure. Alt applica- tions for licensc~ ~ be made VI)on forn~ nishod by the director of licensee and come~ ae.r~icea, and upon payment of the liceuse f.e~, the application shall be submitted to the cl~y c~dl for di~positlon, and when gran~ed.lh~ll he i~ued by the director of licene~ and consumer aery(cp..~. ICode 1960, ,a~ A~end., § I~5Z.050; 90-O~-0a2, 1-26-90) a39.60. Tattooing of minors. No per,on shall tattoo any per~n under the ~p* of aight~n (18) except in the pre~ertce of, and with the written per*-i-~ion of, the parent or le6al ~uardiitn of such pertmn. (Code 1960, Aa Amend., ii 352.0701 78-Or- 169, § 1, 8.24-76) 339.90. Health and s~_,,Itary requiremen2. Bio perish shall engage in the priories of tat- ,tootn~ at any place in the city without c~mplying with the following re&elations: (a) Every place where tattooin& ts shall be equipped with a sewer and connected wa~er clo~t ~md a band l~va- Wry. The hami lava~or~ sksll ba suppli~,d. with hot and cold running water under prcr~ sure, and sh~ll be maintained in ~ood werkin~ order at ~11 ~s, and shall Be kep~ in a clean and s~wltary corn(it(on. lb) Bio person having any skin in~sction or other ~ of the skin or any (c) All equipment, includin~ needles, neadls bars, t~be~, pi~nent receptacles, stencils, r~ors and razor blades shell be kept in a dusbproof gla~ c~m when not in u~. Id) All needles and ail tubes sh~ll be sterilized in a steam prea~r~ ,,~clave for at fift~n (15) minutes at a minimum of two huncked fifty (2&0} de,tees Fahrenheit ions hunted twenty-one (121) de.ess ~nti. grade) ~d at a minim~ of fl~n ~ oi ch~ber p~, or f~ at t~i~ (30) minu~ at a m~m~m of ~o hun~ fo~ (240) de~ F~e~t (o~ ~d at a ~~ of ~n (10) pou~ of ~ber p~ ~fore u~ on ~y cu~ ~mer, ~d ~ the~ ~e s~ ~ a~n so a~ed. 8~i~ ~lutio~ my he used for the pu~ of s~ng fns~um~n~ other ~ n~e9 when such eterflh~g 8olu- ~o~ ~e app~v~ by ~e mm~s~oner of he~th, S~n pressmen, ~c ~dh~que. il) i~h ~ra~r sh~ ~b hh or h~ ~. O~ra~ ~ s~ i~o~ of the ~ ~ ~t (2) ~e~er it ~ n~ ~ sMve ~e s~, a ~ ~or m~t be used. A new b~e m~t be ~d for ~h ~- ~mer, The ~ sh~ be cl~ ~ soap ~d wa~r ~ ~h u~ ~d ~t in a ~ ~ wh~ not ~ ~. ~ by a meth~ app~ by ~e ~oner of h~th. thoroughly 'cle~ with o~cid~ ~ ~ ~ ~ep~c aolu~n approved by the commissioner of h~th. O~y a~e~ ~w~ ~ w~hdoth~ sh~ be ~ in ~e s~ clog pr~ (4} TatUng ~ ~t ~ ~fo~ on ~ ~ of ~e ~ wh~e there b ~ dent ~ ~n. be appH~ ~ the ~t~ ~. (~} Eve~ ~r~n ~ ~ ~t~ sh~l ~ whe~er he or aha ~ had ~r~ hepatitis in the preceding six mon~a. No person a~p~ of pr~- MINNE, A~OLI$ CODE en~ly hav~g viral hepatitis, or having h~cl v~r~l h=patiti~ within the pr~,g ~ (6) month~, ~1 be ~two~d unle~ he or she h~ the ~n ~nt of a (~ ~1 tables, chis ~d opiating sh~ bz ~~ of mo~ with ~w~ or ~s f~r ~ ~s~mer ~d ~zion~ of h~. such r~,~p~ls ~& ram~g solutioa . i~ ~nn~on ~th tbs ~t~o~g of , parso~ s~ bs f~ (150} ~u~e f~ of fl~r s~ d~dz approvzd by the ~mml~n~r of h~. sh~l be u~d or oacup~zd for ~vlng or zI~pmg q~, or f~r ~y p~ o~ this ch~p~ who ~ ~t of ~ ~ ch~- (o) Na ~r~oa sh~ pr~ti~ ~tt~g under tho i~u,n~ of ~hol or ~. (p) The operator shall provide the person tat- tooed with printed imstructior~ on the ap- pravad care of the tattoo during the heaLing pro~e~. (q) No customer shall be tattled while undsr the iaflueac~ of alcohol or drugs. (Cod~ 2-7, 8-24-78; Pot. No. 2~1179, § 2~1, 12- 29~89} CHAFIT/~ a41. ARTIOLE I. GENERALL~ 341.10. Deflnitio~s. Whenever u~d i~ this chapters the foHa~g w~ ah~ m~: CommitS' The ~t~ erie a~ ~,,~d] W w~ch r~z~b~ for ~i.g ~d co~umer Mt out. Farmm' Ch. ~41 Far · U~g of ~ f.~ml~mti~ Tabb eabry for 4~0.0t0--460.070 461.010-461.060 ~3.010-463.110 4~&.140-4~t~.240 M4,01§-4~4,110 ~.01~0 7~0r-115 77~147 77~t-1~9 ?~r-lBt 0rilmm~ Ord/~m~ Adopt~l Adopted 2-~-75 9-12-74 1.78 1~11-74 mupp. No. t 1448 844.00 Sectio_n_844 - Tattooin~ 844.00. Definitions. 1, The term "Health Authority" am used An this Section shall mean the City Health O~fkcer or the Environmental Health Specialist of ~he City o~ M~nnetonka, or ~heir authorized representative 2. The word "Tattooing" as used in this Section shall mean the marking o~ t/is skin o~ a person by insertion of permanent colors by introducing th~m through punc- ture of ~he skin. 644.05. License Required. No person shall conduct any or operate any establishment where tattooing is practiced, . nor engage in the practice of tattooing without being licensed under this Section. 844.10. Licensing Procedure. 1. Ail applications for tattooing license shall be filed with the Department o~ Inspections and Licenses. '2. Applications shall be signed by the applicant and con- tain the names of the applicant, if an individual, %he names o~ co-partners, if a partnership, and if a corpor- ation, the names of the principal officers of such corpor- ation, together with a brief description of the place or location at which such business is to be conducted. 3. All applioa~ts shall submit with their application a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota show- ing the applicant to be currently covered in his or her business by a liability insurance policy. The minimum limits of coverage for such insurance shall be: a. each claim, at least $100,000.00; b. each group of claims, at least $300,000.00. Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to termination or cancellation. Any license issued hereunder shall automatically be revoked upon not,ce o£ termination or cancellation o~ such insurance an~ shall remain revoked until or unless other insurance ~s provide= a~ required herein. - 269 - 844 4. Upon' payment of the license fee, the application shall be submitted to the City Council for conslder- etlon. 5. I~ the license is granted by the City Council, the Director of Inepection~ and Licen.les shall issue a license t~ ~%e applicant. 844.15. License Fee. The annual fee for a license to engage in the practice of tattooing shall be $100.00. Said fee shall be pro-rated for licenses issued during the license year, but ~n no case ah.all the fee for such license be less than $25.00. 844.20. Expiration of Licenses. Ail licenses issued ~nder this Section shall expire on July 1. .. 844.25. Conditions of License. 1. No person shall be granted a license under this Section who is not of good moral character and free from commun- icable disease. 2. No person shall engage in the practice of tattooing at any place other tha/~ the place or location named or described in the application and license. 3. No person having any akin infection or other disease of the skin or any communicable disease shall be tattooe~. 4. No person shall tattoo any person under the age of eighteen (18) except in the presence and wi~h the written consent of the parent or legal guardian of such person. 5. No place used for the practice of tattooing shall be used or occupied for living or sleeping quarters, or for any purpose other than tattooing. 6. There shall be not 'less than one hundred fifty (150) equate feet of floor space at the place where the practice o£ tattooing is conducted, and said place shall be so lighted and ventilated as to comply with standards approved by the Hea[th Authority. 7. Every place where tattooing is practiced shall be equipped with conveniently located and approved sewer and w~ter-connected toilet and lavatory facilities. Said toilet and lavatory facilities shall be maintained in good working order at all times, shall be kept free from flies, £nsects and offensive odors, and shall be kept in a clean and sanitary condition. 844.2.5(8) a. Toilet fixtures and seats shall be of a sanitary o~en front design and readily cleanable. All toilet rooms shall have self-closing doors. Easily cleanable, covered receptacles shall be provided for waste materials b. The lavatory shall be suppl~ed with hot and col~ running water under pressure tempered by means of a mixing valve or combination ~aucet. Ail self- clo~ing, slow-closing or metered f/~t~res shall be designed to provide a flow of water for at least 15 se¢ondm. Every lavatory facility shall be provided wiuh an adequate supply of hand cleansing compound and single service sanitary towels or hand-drying devices. 8. Every person who praotice~ tattooing shall provide for use on hl~ or her customers individually pre-packaged,. pre-mterllized and disposable towels in sufficient quantities. Said towels shall be kept in a closed dustproof container. No towel shall be used on more than one customer, bu~ shall be discarded in a safe and sani- tary manner &~ter its first ume. 9. Ail tables, chairs and operating furniture shall be constructed of stainless steel and shall be kept An a clean and sanitary condition. 10. All equipment, inuluding needles, stencils, razors. and razor blades, shall be kept in a dustproof glass case when not in use. 11. Ail needles and operating instruments shall be in- dividually pre-packaged, pre-sterilized and disposable. No such equipment shall be used on more than one cus- tomer, but shall be discarded in a safe and sanitary manner after its first use. 12. Sterilizing solutions may be used for the purpose of sterilizing instruments other than needles when such sterilizing solutions are approved by the Health Author- ity. 13. Ail bandages and surgical dressings used in connec- tion ~ith the tattooing of any person shall be individu- ally pre-packaged, pre-sterilized and disposable. 14. Every person who practices tattooing shall wear clean, light-colored washable outer garments when engaged in the practice of tattooing. 271 - 844.25(15) 15, Every person who practices tattooing shall wash his or her haads, thoroughly with soap and water and then dr~ them ~ith a clean towel before and after each tattoo- ing. The customer's skin shall also be thoroughly cleansed wi~h soap and water and disinfected by an ant~septic solution appro~e~ b~ the Health Authority before the use or application of' any tattooing instrument or equipment. 16. Pigments used in tattooing shall be sterile an~ free ~rom bacterial and noxious agents and substances. The pigments used fr~m stock solutions ,for each customer shall b~ placed:.in a single-service, receptacle ana such receptacle and remaining solution shall he discarded in a eafe and sanitary manner after use on each customer. - 272 -