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071195 Planning AGENDA PLANNING COMMISSION MEETING OF JULY 11, 1995 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 3. '3.1 *3.2 4.1 4.2 6.1 6.2 6.3' CALL TO ORDER CONSENT ITEMS PUBLIC HEARINGS Case 95-10 Request for Conditional Use Permit to Allow the Addition of a Retail Drive-Through Window for Photo Drop-Off/Pick-Up on the East Side of the Existing Building, 7700 42nd Avenue North, Universal Color, Inc., Petitioner. Case 95-11 Request for an Amendment to the Comprehensive Sign Plan to Allow Signage on Bass Lake Road, 5701 International Parkway, Griffin Company, 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 June 6, 1995. Review of City Council Minutes of May 22 and June 12, 1995. Review of EDA Minutes of May 22 and June 12, 1995. ANNOUNCEMENTS ADJOURNMENT * Petitioners are requested to be in attendance. PC95-11 Griffin Company 5701 International Parkway JULY PLANNING CASES PC95-10 Universal Color 7700 42nd Avenue Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 95-10 Request for Conditional Use Permit to Allow the Addition of a Retail Drive- Through Window for Photo Drop-Off/Pick-Up on the East Side of the Existing Building 7700 42nd Avenue North 17-118-21-22-0034 B-4, Community Business Universal Color, Inc. July 5, 1995 July 11, 1995 BACKGROUND The petitioner is requesting a conditional use permit to allow the addition of a retail drive- through window for photo drop-off/pick-up on the east side of the existing building, pursuant t6 Sections 4.134(1), 4.124(3) and 4.21 - New Hope Code of Ordinances. ' Universal Color, Inc. has been located in the City for 15 years and is presently leasing space at the Autohaus site at 7709 42nd Avenue North. 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 present Autohaus/ Universal Color site) and Kuppenheimer is not renewing their lease with the owner of the building, which expires at the end of July. Universal's lease with Autohaus expires in November and Autohaus has indicated they do not wish to extend the lease. Therefore, Universal Color is purchasing the Kuppenheimer building at 7700 42nd Avenue so that they can remain in New Hope where their customer base is established. Universal Color currently has 12 full-time employees and they anticipate adding another five employees within the next several years. Besides additional employment and keeping this business in the City, the other benefits to the City include eliminating the potential for a vacant building on 42nd Avenue and allowing Autohaus to complete the improvements to the front of their property, as originally planned. Color Lab requested, and the EDA approved, a gap financing loan for the building acquisition and improvements in April/May, per the attached documents. The closing will take place in July/August. The Kuppenheimer building is located in a B-4, Community Business, Zoning District and camera/photographic supplies/processing is listed as a permitted use. Surrounding land uses and zoning are all B-4 (with the Sunshine Factory located to the east, Alex Audio & Video to the north and New Hope Car Wash to the west); with the exception of Autohaus to the south, which is zoned B-3, Auto Oriented. Planning Case Report 95-10 2 July 5, 1995 Universal Color is requesting to add a retail drive-through window on the east side of the existing Kuppenheimer building and the Zoning Code requires a conditional use permit for drive-through windows for convenience food establishments, financial institutions, and similar businesses; thus this application. The Kuppenheimer building lot contains 34,200 square feet and the existing building contains 5,400 square feet. Note that the easement labeled Rhode Island Avenue on the east side of the property is not a City street or public right-of-way; it is an easement owned by the Kuppenheimer property, which provides access to Alex Audio & Video and to the apartment complex to the north. o This property is located in Planning District #17 of the Comprehensive Plan and is commonly referred to as the City Center area. This request involves improvements to an existing building and the most visible changes will be landscaping, signage and sidewall drive-up window improvements. This particular parcel is part of the "retail/service node" of the City Center and staff feels that the proposed use will blend well with other businesses in the area. 9. This property was zoned commercial in 1956, retail business in 1961, B-3 in 1979, and was rezoned along with a number of other 42nd Avenue properties to B-4 in 1991. ' 10. The petitioner states on the application that the request should be granted to allow the business to remain competitive within the industry. 11. Property owners within 350' of the request have been notified and staff have received no comments regarding this request. ANALYSIS The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibility. The proposed use is compatible with its adjacent land uses. Planning Case Report 95-10 July 5, 1995 Co Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Business Districts (B-I, B-2, B-3, B-4): a. Traffic. The proposed use will not cause traffic hazards or congestion. b. Nearby Residences. Adjacent residentially zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. c. Effect on Other Businesses. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of unduly heavy nonshopping traffic or general unsightliness. In addition, specific requirements listed in the Zoning Code for take-out/drive-in service windows that are applicable to this request include: A. On-Site Order Boards Prohibited. Outdoor on-site order boards are prohibited. , B. Automobile Stacking. Not less than 90 feet of segregated automobile stacking must b~ provided for the service window. C. Traffic Control. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings, green area, and other automobiles on the site. D. Use of Street. No part of the public street or boulevard may be used for stacking of automobiles. E. Noise. The stacking and window placement shall be designed and located in such a manner as to minimize automobile and communication noises, emissions and headlight glare as to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. F. Hours. Hours of operation may be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare. Staff f'mds that all of the above requirements are met, as there is an auto stacking length of 90 feet with stacking room for four vehicles. The Design & Review Committee met with the petitioners on June 15th and the major issues discussed included: traffic circulation and signage, landscaping and the need for a schedule, an elevation of the drive-through window was requested, parking requirements and layout, signage (building and pylon), parking lot surface improvements and handicapped stall location, dumpster enclosure, snow storage, lighting, exterior building changes and hours of operation. Revised plans were submitted as a result of the meeting. Planning Case Report 95-10 4 July 5, 1995 The revised plans include the following details: A. Parkin~ - Existing parking spaces = 27 + 1 handicapped Parking required = 22 + 1 handicapped Parking provided = 28 + 1 handicapped The revised plans show nine (9) customer parking spaces plus 1 handicapped parking space in front of the building (the handicapped space has been shifted to the west, per the request of Design & Review). Eight (8) customer parking spaces are provided on the south adjacent to 42nd Avenue. Eleven (11) employee parking spaces are provided on the east side of the lot. The parking provided exceeds the code requirements, however the petitioner indicated that they do not want to decrease the parking as it will accommodate additional spaces for a possible future building expansion. B. Parkinll Lot Improvements - Per the revised plans, the parking lot will either be patched and restriped or sealcoated and restriped, pending the review of bids on the alternate proposals. A new parking lot peninsula with landscaping will be added on the east side of the 42nd Avenue entrance to help channel traffic/protect parking area and provide additional landscaped area. C. Landscapine - A revised landscaping plan and schedule showing existing and new plantings was submitted, as follows: # NEW # EXISTING 10 10 2 2 2 3 1 77 31 20 20 DESCRIPTION 3" Green Ash, relocated to west side of building 1" Amur Maple 2" Sugar Maple 5" Green Ash Dwarf Lilac (match existing-adjacent bed) Dwarf Lilac (match existing-adjacent bed 2 gal. Purple Leaf Sand Cherry (replace Green Ash) Dwarf Lilac Dwarf Lilac Dwarf Lilac Daphne Spirea The new Dwarf Lilacs would be added to the new parking lot peninsula and to the existing green area at the southeast corner of the parking lot. The petitioner is proposing to relocate the two existing boulevard trees (3" Green Ash) to the west side of the building and to replace with two Purple Leaf Sand Cherry. The removal/replacement of the boulevard trees will need to be reviewed/approved by the City Forester. The petitioner is proposing to relocate the trees in order to provide better visibility for their signage. The plans also show the removal of existing dead, dying and volunteer vegetation at the rear of the building. Planning Case Report 95-10 5 July 5, 1995 D. ~ - The petitioner is proposing to relocate the existing ground pylon sign from the southeast corner of the parking lot to the new parking lot peninsula near the 42nd Avenue entrance or construct a new ground sign at the new location/remove the old ground sign. The petitioner will also utilize front wall signage similar to what is in place now. Specific signage plans have not been provided and any CUP approval should be contingent on compliance with the Sign Code. E. Drive-Through Window - An elevation and details of the drive-through window to be located on the east side of the building have been provided. The window will have a fabric awning overhead (5'6" wide x 2' deep) and a window unit for drop-off/pick-up of orders. Seven (7) concrete filled pipe ballards (4' above grade) will be installed along the east side of the building to protect the comer of stoop, side of building and drive-up window. F. Dumpster - The existing unscreened dumpster pad at the north edge of the lot will be abandoned and a new concrete pad with 6' high wood screen fence (with gates) will be constructed at the rear northeast comer of the building (details provided on plans). G. Traffic Pattern - It is anticipated that vehicles utilizing the drop-off window will enter from 42nd Avenue and exit out the northeast curb cut onto the Rhode Island Avenue easement. The Design & Review Committee discussed traffic directional signage or painted arrows on the pavement to indicate traffic circulation patterns. H. Snow Storage - The snow storage area is not depicted on the plan, but there is adequat[ space at the north end of the lot where the existing dumpster pad will be abandoned. I. Liehting - Existing lighting is not shown on the plan. The petitioner indicated that hours of operation will be from 7:30 a.m. - 7:00 p.m. J. Exterior Building Chan~es - No major changes are planned for the exterior of the building. The existing windows may be replaced with thermoglass and trim/grill work may be repainted. The petitioner indicated that a new roof was installed on the building within the last several years. Staff finds that the majority of recommendations made by the Design & Review Committee have been incorporated into the plan and feels that the additional landscaping and new dumpster location will improve the property. RECOMMENDATION Staff recommends approval of the conditional use permit to allow the addition of a retail drive-through window for photo drop-off/pick up, subject to the following conditions: 1. All signage to comply with Sign Code regulations. 2. Relocation of City boulevard trees to be reviewed/approved by City Forester. Attachments: Address/Zoning/Topo Maps Site/Landscape Plan Floor Plan Landscape Schedule Elevation of Drive-Up Window Dumpster Enclosure Elevations EDA Gap Financing Loan Previous Staff Correspondence 915.3 911.9 X X 910.7 000 H 0 o: 0 L "0 o 'NI4M oO iii ,0 .0~ AdO3 /XVJ LLI NOO~VG anNaAV ~NVqSI aGOH~ IJ,I LAhDSCAPE SCHEDULE KEY ..... NO. I~w. , EXST., . DE~TION 2 X $' ~. ASH. RELOCATE TO WEST SDE OF 2 X r At'LR' HAR..E. ~ 3 X 2' ~ MAR.E. @ i x s' ORE~ Am D I~ X : . LLAC 0"IATQ-I EXST. o ADJACENT BED) _ (~ I0 X DWAR~ LILAC (MATCI-I EXST. o ADJACENT BED) (~) 2 X 2 G~. PLRP[.E LEN= $^ND CHfiRRy (RepIoce Grn ® ~7 ' x................ ' U_~c ' (~ 31 XDWAI~ LLAC (~ 20 XDWARF LILAC 20 XD~ SF~E^ ~T ELL~AT(~N ~ ELEVATI~  EDA  REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA ....4-24-95 Kirk McDonald ,[~t 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 Ioanprogram 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 ti/at loan has now been repaid.) One benefit to the City if Universal Color completed the acquisition wouM 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 front of their property, as originally planned. .qtaff i~ ,e~icin~ clirp_etlc~n from the l~I3A nn how to nrcw'ppcl with thi.q MOTION BY SECOND BY ' t,'0 ' ' /. Review:' Administration: Finance: I 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 Aven.ue 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 strticture. 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. Dan Donahue Mr. Kirk McDonald April 20, 1995 Page 2 Universal Color has been a corporate resident of New Hope for the last 15 icears. 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 ~he 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 benefit 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 th~ community associated with the completion of this project. With' Universal Colbr 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. Uni;versal 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 established ia 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 received 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 85,0.00 46,900 $ 755,000 9.250 764.250 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 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TOD: 612-531-5109 City Haft Fax: 612-531-5136 Police Fax: ' 612-531-5174 Public Works Fax: 612-533-7650 Fire Dep't. Fax: 612-531-5175 February 28, 1995 Mr. Paul Anderson Universal Colour Lab, Inc. 7701 42nd Avenue North New Hope, MN 55427 Subject: Zoning Letter Confu'ming Photo Sales/Supplies/Processing is a Permitted Use in the B-4 Zoning District Dear Mr. Anderson: You have requested that the City indicate in writing that the existing Universal Colour Lab's, Inc. operation would be a permitted zoning use at another location in close proximity to your present site and this letter is intended to address that request. Universal Color Lab, Inc. is currently located at 7701 42nd Avenue and that property is located in a B-3, Auto-Oriented Business, Zoning District. The B-3 Zoning District has a limited number of permitted and conditional uses, with the majority of them being auto-related. It is the City's understanding that you are considering purchasing the property/building currently occupied by Kuppenheimer Men's Clothiers located at 7700 42nd Avenue North. The Kuppenheimer building is located in a B-4, Community Business, Zoning District. The B-4 Zoning District has a much wider variety of permitted uses allowed, 47 in total, as outlined in the attached excerpt from the Zoning Code. Camera and photographic supplies are listed as a permitted use. I have reviewed your request to relocate your business to the Kuppenheimer site with the City Manager and Building Official and we see no problem in complying with the Zoning Ordinance. The relocation of your current business to this site would not require Planning Commission or City Council approval. However, in the event that in the future you wanted to install a drive- through convenience window for photo drop-off/pick-up, it may require a conditional use permit, which would require Commission/Council approval. We would need to review this with the City's planning consultant, however most drive-through windows related to convenience food establishments and banks do require a CUP. A conditional use permit would give the City an opportunity to review the arrangements for the stacking of vehicles, parking, etc. Family Styled City ~ For Family Living Mr. Paul Anderson Page 2 February 28, 1995 I hope that this letter answers your questions. If the City can be of further assistance, let me know. We are pleased that you will be remaining in the City of NeTM Hope. Sincerely, t Kirk McDonald Management Assistant/ Community DeVelopment Coordinator KM/prs Enclosure: Zoning Map & Ordinance Excerpts CC: Dan Donahue, City Manager Sarah Bellefuil, Administrative Analyst Doug Sandstad, Building Official Alan Brixius, Planning Consultant Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 95-11 Request for an Amendment to the Comprehensive Sign Plan to Allow Signage on Bass Lake Road 5701 International Parkway 06-118-21-32-0006 I-l, Limited Industrial Griffin Companies July 5, 1995 July 11, 1995 BACKGROUND The petitioner is requesting an amendment to the Comprehensive Sign Plan to allow signage on the north wall of the building abutting Bass Lake Road, pursuant to Section 4.221 - New Hope Code of Ordinances and Sections 3.40 and 3.485 - New Hope Sign Code. Rosewood Corporation received approval to construct the 47,500 square foot multi-tenant office/warehouse building at the southwest intersection of Bass Lake Road and International Parkway in 1980. For Zoning Code purposes, the east side of the building/property (fronting International Parkway) is considered the "front yard," the north side (fronting Bass Lake Road) and the south side are considered the "side yard," and the west side of the building/property is considered the "rear yard." Two variances were granted with the construction approval: A. A 15-foot side yard setback variance to allow the building to be located 20 feet from the north (Bass Lake Road) side yard property line instead of the required 35 feet (due to soil conditions and the need to provide the parking and truck areas on the south side of the building). B. A variance to allow parking in front of the building (this requirement was eliminated with an ordinance amendment for the I-1 Zoning District in 1994). (Please refer to the enclosed 1980 Planning Commission/City Council minutes for more information.) Rosewood also presented general sign criteria for the building in 1980, and stated that all signage would be in compliance with the City Code. The sign plan criteria was approved in conjunction with the construction approval and variances. In 1981, Rosewood Corporation came back to the Planning Commission and City Council for approval of a comprehensive sign plan for the building. The petitioners indicated in the minutes and the plans showed that there would be no signs on the north side of the building. The size of the individual tenant sign space was 16' x 3' and the minutes indicate that there would be eight (8) signs on the building, to be placed either to the right or the left of the tenants entrance doors. The petitioner also requested a variance for one sign to be located on the west side of the building. The plans showed the building identification sign would be placed on International Planning Case Report 95- 2 , 1995 Parkway at the main entry. The comprehensive sign plan was approved, as described above and as shown in the attached plans, which allowed signage on the east (front), south and one sign on the west side (by variance). The present owner of the building, Griffin Companies, is requesting an amendment to the Comprehensive Sign Plan to allow signage on the north side of the building which faces Bass Lake Road. The petitioner states that one of the tenants, Sir Speedy Printing, is requesting additional signage on Bass Lake Road due to the recent relocation to the area by competing businesses which face and have signage on Bass Lake Road (Chippewa Graphics and Insty Prints). The petitioner also states that another tenant, Solid Rock Gymnastics, is having difficulty in establishing their business due, in part, to not having signage on Bass Lake Road. The petitioner states on the application that this request should be approved because the current sign plan allows signage only on International Parkway which serves traffic into and out of the industrial area. (See attached letter from tenant.) The multiple tenant office/warehouse building is located on a 3.9 acre parcel and the elevation of the site is depressed several feet below Bass Lake Road. The Russian Olive trees required along the north side of the building are now mature. The area is located in Planning District //5 of the Comprehensive Plan, which stresses the importance of "high visibility and appearance" and describes the area as a potential gateway to the City and the need to establish a positive image for the Industrial Park and the community. This area was zoned "Commercial" in 1956, but was rezoned to "Heavy Industrial" in 1960. In 1961, that designation was changed to "Light Industry" and this was revised to "Limited Industry." 9. Property owners within 350' of the request have been notified and staff have received several inquiries about this request. ANALYSIS The Sign Code contains the following provisions applicable to this application: Signs Accessory_ to Multiple Occupancy Business and Industrial Uses Including Shopping Centers. When a single principal building is devoted to two or more businesses, or industrial uses, a Comprehensive Sign Plan for the entire building or shopping center shall be submitted and shall include the information required by paragraph (1) to permit a determination as to whether or not the Plan is consistent with paragraphs (2) through (4) of this subsection. No permit shall be issued for an individual use except upon a determination that it is consistent with a previously or concurrently approved Comprehensive Sign Plan. The effect of said Comprehensive Sign Plan is to allow and require the owner of multiple occupancy structures to determine the specific individual sign requirements for the tenants of his building. As sign locations and size, etc. may be of some significant importance in lease arrangements between owner and tenant, it is the City's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility to deal Planning Case Report 95- 3 , 1995 with his individual tenants on their specific sign needs. A. Comprehensive Sign Plan Information. The applicant shall prepare a written and graphic comprehensive signage plan for submission to the City. Said plan shall include, but not be limited to, the following information: 1. Sign location (both wall signs and freestanding signs) 2. Sign area 3. Sign height 4. Scaled building elevations 5. Scaled floor plan that outlines tenant bays 6. Identification of anchor tenants 7. Description of window signage use 8. Identification sign design 9. Sign Construction Drawings (sections) 10. The Council, Planning Commission and City staff may request additional information from the applicant concerning the application or may retain expert opinions at the expense of the City, or may require as a condition of proceeding with its consideration that the applicant furnish expert opinion and data at the expense of the applicant. B. Compliance. All signs shall comply with the provisions of Subsections 3.465(1)(c) (Metal Electrically Illuminated Signs) and (4) (Roof Signs) and 3.442 (Maintenance of Signs) except as otherwise provided. C. Wall Signs. 1. Maximum Area. The total allowable sign area for a multiple occupancy structure shall not exceed fifteen percent of the combined wall surfaces on walls which abut streets in Limited or General Business Districts or ten percent in Limited or General Industrial Districts. No individual tenant identification sign may exceed one hundred square feet in area. 2. Building Identification. No multiple occupancy structure may display more than two overall building identification signs. 3. Tenant Identification Signs. Individual tenants located within multiple occupancy structures shall be permitted to display individual identification signs, if they have separate exterior entrances to their use or they are tenants in a shopping center, in which case, not more than one sign may be displayed. A tenant occupying a corner location fronting two streets may display identification signs to both street frontages. 4. Delivery_ Signs. A delivery sign or signs not exceeding nine square feet in area may be located on the side or rear wall of the structure. Ground Signs. 1. Shopping Centers. Shopping centers containing more than four separate and distinct occupancies may erect only one ground sign per street frontage (single or double faced) to be used as an identification sign for the shopping center. Individual businesses within the shopping center may not be advertised thereon. Said ground sign may not exceed two hundred square feet in area, nor thirty feet in height and must be set back a minimum of twenty feet from all property lines. 2. Other Multiple Occupancies. Multiple occupancy structures other than shopping centers, or shopping centers having four or less separate and distinct occupancies, may erect ground signs in accordance with the provisions of Section 3.465(3) and may identify each separate and distinct occupancy on said ground sign. Planning Case Report 95- 4 , 1995 The Sign Code also contains specific provisions for Single Occupancy Businesses and Industrial uses, including: A. Not more than two (2) signs shall be permitted on the front wall of any principal building, the total area of which shall not exceed ten percent of the area of the front face of the building in I-1 and I-2 Zoning Districts, provided that the total area of each sign shall not exceed 125 square feet. B. The total area of rear or side wall signs shall not exceed nine square feet. If the main entrance to a particular use in the building opens on a side wall or rear wall, the applicant shall be permitted to sign the front or rear wall in accordance with the front wall sign provisions. In no case shall either the side or rear wall contain more than 125 square feet of total sign area. The Comprehensive Sign Plan guidelines for multiple tenant buildings does not specifically prohibit signage on the side wall, although the Sign Code limits side wall signs for single occupancy buildings to nine square feet. The multiple tenant guidelines should be utilized for this request. It should also be noted that the multiple tenant building sign criteria allow individual tenants to display identification signs if they have separate exterior entrances, which in this particular case~ they do. 5. The building is also located on a comer and the Code allows a tenant occupying a comer location fronting two streets to display identification signs to both street frontages. The revised Comprehensive Sign Plan for the "Bass Lake Building" includes the following specifications (per the attached plans): A. Each tenant is allowed a sign at the entrance to their leased space. The sign placement (either side of the entry) is at the tenants discretion. Refer to the attached building elevations for sign band location. B. Allowed signs are a maximum size of 3'0" in height and 16'0" in length or 48 square feet. C. Allowed signs are box signs (either illuminated or non-illuminated) or flat metal or plexiglas panel signs. D. Tenants will be allowed a second sign if approved by management. If a second sign is installed, the aggregate square footage of the two signs cannot exceed 70 square feet (which is a 25 percent reduction of overall square footage). One sign can be the typical 48 square feet as noted in//2 above. E. Code maximums for General or Limited Industrial Districts are allowed ten percent of the combined wall surface of walls which abut streets. The south elevation facing International Parkway is 320 lineal feet, the east elevation faces International Parkway is 152 lineal feet and the north elevation facing Bass Lake Road is 320 lineal feet. The building height is 20'0". Ten percent (10%) of the combined wall surfaces (abutting streets) allows for 1584 square feet of signage. The property identification (as noted in #6 below) and tenant signage (as noted above) is well under the code maximums. Planning Case Report 95- 5 , 1995 Fo A freestanding project identification is located at the southeast corner of the property. It stands 8'0" in height and the sign panel measures 8'8" wide and 4'8" high for a total square footage of 42 square feet. In general, the petitioner is requesting a three-foot sign band on all four sides of the building, with all tenant signage to comply with the ten percent building face requirement. 7. The building currently contains the following signage/tenants, per a windshield survey: North side of building (facing Bass Lake Road) East side of building (facing International Parkway) South side of building (facing International Parkway) West side of building (no street frontage) No signage 1 - 3' x 12' sign near "Sir Speedy" entrance Apparel Tech and United Hardware have no signage Solid Rock Gymnastics has temporary sign in door Foy's Pigeon Supply has sign on entrance door Independent Metals has one small sign near overhead doors 8. The petitioner is requesting to amend the Comprehensive Sign Plan to allow Sir Speedy Printing and Solid Rock to display signs on the north side of the building, per the specifications described. RECOMMENDATION The City staff has differing views on this request. The Building Official is recommending that the request be denied because it is his opinion that the building setback variance in 1980 was granted with the condition of no signage on the north wall. The Community Development staff, on the other hand, are not opposed to an amendment to the Comprehensive Sign Plan that would allow reasonable signage on the north wall of the building in accordance with the plans presented. Attachments: Address/Zoning/Topo Maps Site Plan Sign Detail Sign Elevations Sign Specifications Sir Speedy Letter Building Official Attachments - Setbacks and Approved/Proposed Signage 1981 Sign Plan Approval - Staff Report and Commission/Council Minutes 1980 Building Construction Approval and Setback Variance - Staff Report and Commission/Council Minutes R-O VICTORY PARK HOSTERMA# JR HIGH SCHOOL VILLAGE GREEN GOLF COURSE ST THERE~ NUR$~ SCIENCE CENTER ~UNERAJ~O~GO~P~Y R-4 NORTH RIDGE CARE CENTER TH.' AVE. ATHLETIC H OML~t~RCl BOUND COOPER NIGH SCHOOL S~ale: 1 / 16" = 1'-~ Site Plan 16'-0' Maximum 'ACME Typical ./Sign Area Loca~ 3'-o' ACME SIGN * NTS Sign Detail South Building Elevattpn ... Scale: 1~i6* - i'-0''~ - fll ;ill II ,.,: . W~t Bs, lildinA fflevation .__2__'Z: Z .... 7_'. ': .... N o_r t__h_Buiiding Elevation Scale: 1/16'- I'-0" SIGN 5AND, 3'~r~ South Building ,,Elevatign~ Scale: 1/16" = 1'-0" East,Building Elevation Scale: 1/16"= 1'-0" West BuildinK Elevation Scale: 1/16"= 1'-0" North Building Elevation Scale: 1/16"= 1'-0" ~gnage for tenants in the Bass Lake Building in New Hope must follow the below documented fica tions: Each tenant is allowed a sign at the entrance to their leased space. The sign placement (either side of the entry) is at the tenants discretion. Refer to the attached building elevations for sign band location. Allowed signs are a maximum size of 3'-0" in height and 16'-0" in length or 48 square feet. Allowed signs are box signs (either illuminated or non-illuminated) or fiat metal or ple×iglas panel signs. Tenants will be allowed a second sign if approved by management. If a second sign is installed the aggregate square footage of the two signs cannot exceed 70 sq. ft. (which is a 25% reduction of overall square footage). One sign can be the typical 48 square feet as noted in #2 above. Code maximums for General or Limited Industrial Districts are allowed 10% of the combined wall surface of walls which abut streets. The south elevation facing International Parkway is 320 lineal feet, the east elevation faces International Parkway is 152 lineal ,feet and the north elevation facing Bass Lake Road is 320 lineal feet. The building height is 20'-0". Ten percent (10%) of the combined wall surfaces (abutting streets) allows for 1584 square feet of signage. The property identification (as noted in #6 below) and tenant signage (as noted above) is well under the code maximums. A freestanding project identification is located at the southeast corner of the property. stands 8'-0" in height and the sign panel measures 8'-8" wide and 4'-8" high for a total square footage of 42 square feet. It S ecification . 6peed¥ The business printers To: City of New Hope Planning Commission From: James L. Brinkman Owner - Sir Speedy Printing 5749 International Parkway New Hope, MN 55428 I am a twenty three year resident of New Hope and have owned a Sir Speedy Printing Center for eight years at its present location. In the past two years, two competing printing businesses have located on Bass Lake Road within two blocks of my location. Both businesses have two way free standing lighted signage on Bass Lake Road. It is extremely important that the amendment/variance to comprehensive sign plan, City file #A-21, be approved to allow Sir Speedy to compete on an equal basis. Thank you, // / James L. Bfi~ ~/ Owner 5749 International Parkway o Bass Lake Rd. & Hwy. 169 N. o New Hope, MN 55428 (612) 535-0703 ° FAX (612) 535-5149 DATE: CASE: PETITIONER: REQUEST: LOCATION: April 7, 1981 81-14 Rosewood Corporation Approval of Sign Plan 5701-5773 International Parkway STAFF FINDINGS AND COMMENTS: Rosewood Corporation has asked for approval of a sign plan for their new building at Bass Lake Road/International Parkway. All that has been submitted is a page from the construction plans showing the building ele- vations with some red lines having a note that these are the areas where tenants may have signs. They then submit a second page noting: Tenants signs are to be rectangular in shape with the following dimensions: 1. Height - no less than 24" but not to exceed 36" 2. Length - not to exceed 18 feet All sizes must be of the box type. Material is to be plexi- glas, aluminum or such other materials as Lessor might deem acceptible. This is a good start and perhaps will result in a "good" end product, since Rosewood has done a pretty good job of signage on their other buildings. There are a couple of major questions, however: a) Is there to be any ground signage or general sign for the building? b) Are the wall signs to be further limited by the City Ordinance, for example - a 9 square foot limit on side walls if not at main entrance? Total wall sign limited to 10% of wall area. Tenants must have separate exterior entrances to have individual signs. This submission could probably be O.K. as a plan if it was understood that the specific ordinance requirements also apply. However, the purpose of the sign plan is to have the person in control of a multi-tenant building control the signage within limits approved by the Commission. While not really part of this consideration, Rosewood appears to be hav- ing internal problems of late. They have been pretty good about submis- sion of materials for presentations but recently failed completed to submit info for Council consideration of an Industrial Bond issue. They failed to submit a request for a new building they had wanted on this agenda and now this lack of detail. The concern I guess is that their pitch in the past has been "don't worry, we'll do it right". While they didn't always carry through at least they made some effort, but this is not now being done. t~ianninq Case No. 81-14, recuest from Rosewood Corporation for approval or a szcu plan for the Bass Lake buildinc, Bass Lake Road and International Parkway, was considered by Council . Mr. Gary Mordness represented the Rosewood Corporation. Mr. Nordness said theft thoro would be no signs on tho north side of the building. Each sign would be placed either to the right or the ]eft of the door, depending on the tenant. These signs will be well within the requirements of the city.. He said that they were also asking for a variance for one s~gn to be on the west side of the building rather than by the tenants door on the south side. The size of the individual~~' tenant sign space is 16 by 3. It is proposed that there will be eight signs on~-~-T the buildinc. The buildinc identification sion will be placed by International P'! Parkway; this sign is also within the code requirments. Mr. Nordness continued that the signs can be either lexon, metal extrusion, quarter inch plate, metal sign or it can be an illuminated box sign. The signage will be controlled through the lease agreements. No one appeared in regard to this planning case. Motion bv Councilmember Otten, second by Councilmember Dalv to approve the sign plan for the Bass Lake Building, Rosewood Corporation, petitioner, as requested under Planninq Case No. 81-14. Voting in favor: Erickson, Daly, Enck, Otten, Williamson Voting against: None 6~A~'~ q-- ~--~l ~ Motion declared carried FLA~~E 81-14 _~TFC~AppROVALOFSI~PLANATBASSLAKEBOAD/]~I~ATI~L%LPARK~F~- ~OSEW~OO CORPORATICN ~ ~ Mr. Gary Nordness and Mr. T~n C~ndler represented Rosewood. Mr. Nordness presented an illustration for th~ Ccnmissic~ sh~wing the location of the proposed signs and the type of signs that would be in- stalled. He stated that they had designed their sign criteria around the graphics on the building. There will be one sign by each entry, on th~ sides of the building and on the front (which faces away fr~ Bass Lake R~ad). The signs will be placed on either ~ide of the entry depending upon the tanant's wishes. At the present t/me they have two signed leases for the building. One tenant wish~s %0 move his present sign to this site. They are proposing a maxin~m size of 16 x 3 feet, which is under Cc~e rain/roms. They are also requesting a variance to allow the c~e tenant to place his sign cn the west side of the building, rather than on the south side by the entry door. The variance is necessary because the sign is required by Code %0 be by the door. This sign would be around the corner frc~ the door. The. tenant will ~= only numbers over the door. They int~/~d a maxin~m of eight signs on the building, depending 1%oc~ leasing arrangement~. They are also requesting a grc~n4 sign for identification of the build/hq. plan ~ the Ordinance requirements e~ for the variance for the sign around t_he corner ~ the e~trance. Dimensions are well under t~e City sign criteria, even in tenms of total signage. Cxmnnissic~er Gulenchyn asked ab~t 'the mmterial of the signs prc~. Mr. Nordness stated they would use either a flat metal background or a box. sign, that might be illumi- nated. Rosewood will approve all signs proposed by tenants %0 keep them within t/~ esthetics of the building. Materials used will be either plexiglass or painted mmtalic material. There will be no signs facing B~s Lake Road. The identification sign will be on the southeast corner of the 'lot an~ t~ size will be within the Code] Cxranissioner Gundershaug asked about the t~nant who was planning to mo~e his present sign to the new building. Discussion followed regarding this sign, whether it met code, and whether or not the subse- quent signs would coordinate with this sign. Mr. Chandler said that this tenant had just pu~ a sign for $2,000 an~ wante~ to ~cvm it to this location. The sign will fit the overall sign proposal. Ccmuissioner Gondershaug confinred that all future signs would coozdinat~ with the proposed sign. He ~ms co, corned about a '~odge podge" effect. 1~.re was no c~e present in regard to this case. (~airman Con, ton stated that he assumed that Rosewood realize~ that o~ce a c~m~rebensive sign plan had been approved for a nmatti-tenant building, all signs had to be witb/n that plan. Mr. Nordneas said he ~s aware of this. C~.~ssioner Gu]~nchyn .~3de a K.-.tion rec~nmend/ng approval of the Sign Plan requested in Case 81-14 at 5701-73 International Parkway and r~c~_nding approval of the variance a]]~wing one sign on the w~st _~inle of ~ buila~ ng rather than over t~ entrar~e on the southwest end of the building and a~prcvinq the ground si.~n as proposed. Commissioner Friedrich second. Voting in fa%x~: Friedrich, ~lleelock, Gulench~, Bartos, Can~_-~ml, Gur~ug, F~ PC. A P A DATE: CASE: PETITIONER: REQUEST: LOCATION: July 1, 1980 80-29 Rosewood Corporation Approval of Construction, with Variances Southeast Corner of Bass Lake Road/International Parkway STAFF FINDINGS AND COMMENTS: 4e Se e This case was tabled at your last meeting due to a number of Problems involving the lark of detail provided as to s~me of the site planning. The petitioner has since completed additional work and has met with the Design and Review to review the revised plans. The two major items in question were the specific design of the north wall and the landscaping. The north wall has now been designed. It includes the use of two different types of block work, wrap around win- dow treatment that separates the ends from the center section of the building. Additional landscaping has been provided, but Design and Review still had some questions as to if this was sufficient to meet the site needs. One additional detail is that Rosewood has stated the north side of the building will have "super graphics". It might be well to have some idea as to just what is meant by this. You will want to review the notes from last month as to the variances involved. The major concerns were parking in front of the building and the setback to Bass Lake Road. The parking lot widths are generally only 62 feet, instead of the 64 re- quired by ordinance. Rosewood supposedly will change this by the meet- ing. At present they indicate exactly 35% green area. Consequently, if the lots are widened, the green area should be checked to assure it still conforms. An additional potential problem was pointed out at the Design and Review. The north side of the lot drops very sharply to the parking lot. All the site plan shows is a grade from the lot line to the parking lot. For example, the northwest corner drops six feet in 20 feet. While this can be maintained, it might be better to have a flatter slope or a short retaining wall. There is no landscaping on the north edge of the northwest parking lots. The lot is set down as noted above, but may need some screening on the Bass Lake Road edge. DATE: CASE: PETITIONER: REQUEST: LOCATION: June 3, 1980 80-29 Rosewood Corporation Approval of Construction Plans With Variances Southeast Corner of Bass Lake Road/International Parkway STAFF FINDINGS AND COMMENTS: 5: Rosewood Corporation had a building approved by both the Commission and Council for this same parcel earlier in the year. Because the building had its truck docks and "worst" side toward Bass Lake Road, Council said O.K. because the building met Code, but then said its of no advantage and perhaps, in fact, does a dis-service to the City so Industrial Revenue Bonding financing would not be available. Rosewood then agreed to look at some revisions in layout. Council agreed that some variances might be in order if the site development could be improved. The site plan as shown on the attached drawing is the result of this reconsideration on the part of Rosewood. The plan was brought before Design and Review this week and to say the least is most disap- pointing. The layout is improved in terms of orientation of the building, but the plan is so undetailed it is almost not worth reviewing at this time. Its sort of like -- well all we had to do was move the building, so now approve it. In typical action, however, Design and Review was promised that a complete detailed plan would be ready for your meeting. The building apparently is to be constructed of block, but only two undetailed elevations were presented so the plans don't state anything. In discussion it was indicated that the north wall, against Bass Lake Road was to be just a 320 foot long blank wall. There is no landscaping other than seeding on the north side of the lot. The zoning on this property is the limited industrial which has the extra performance requirements. Some of these must be varied to permit the construction proposed. The building has been moved north. For purposes of setbacks, the east side has been considered the front. Therefore, a 35 foot setback should exist on the north side. Because of the soil and the need to provide the parking and truck areas all on the south side, only 20 feet is provided. This is the normal setback against non-major streets. In ad- dition the County right-of-way is fenced so there should be little problem with the shortened distance. Next, the major office area has been put on the east side of the building with parking in front. By Ordinance, no employee parking is permitted in front of the building. Consequently, a variance is needed. This lot is also deadend, with 90© parking. Ordinance requirements for this type of lot layout require a 64" lot - 20 foot stalls and double driveway of 24". This is a third variance. Third, no screening of any type has been proposed for the east side of the above parking lot. Ordinance requirements are that any parking in front of the building must be screened, and in this case where em- ployee parking will be included, extra screening would appear to be a reasonable request. The building as now laid out includes 48,000 square feet of space including 8520 square feet of office. One hundred three parking spaces have been provided. The petitioner states this is 16 more than required, Since no specific use is known, parking requirements cannot be stated specifically. However, the minim~n based on 8520'office and 39,480'of warehouse, with no employees would be 46 for office and 40 for ware- house. Each employee on maximin shift in warehouse would require an additional space so 17 employees could work there. If the 39,480 feet were all manufacturing, with the same office, 157 spaces would be needed. Consequently, if the use ratio is mixed warehouse, manufacturin~parking should be O.K. The south lot and the northwest lot have no dimensions shown but also scale off at about 62 feet. The two-way traffic requires 64 feet of total width in the lot. According to the data sutm~itted, the site has 172,041 square feet. The building area of 48,000 square feet covers 28% of the lot. This is well within the 40% limit. Total coverage with parking lots is 65%, which leaves the 35% green area. However{ if the parking lots are widened to 64 feet this would cut into the green area. As noted, the site plan is lacking almost all details. Rosewood states the building is set into the hill on Bass Lake Road and the lot will be leveled and then bermed. A berm in the 20 feet of setback does not appear practical but if they have details they can perhaps show how it fits in. There is also supposedly a grade change on the south side between the parking lot and truck area but again no grading plan has been provided so that it can be determined if this is feasible. The general concept appears to be excellent, but as Design and Review pointed out to the petitioner, the idea is to create a nice appearance on Bass Lake Road. Nothing in the present plan provides this. In addition, some discussion should be held on the feasibility of the building layout. The limited office area that sits almost independently of the large warehouse area raises some questions as to the use of the building. I can see some real occupancy problems when someone attempts to make some office space in the middle of one of the warehouse bins that may be filled with potentially hazardous items. 5. PLANNING CASE 80-29 (RETURNED FROM COUNCIL) REQ~JEST FOR CONSTRUCTION A~PROVAL WITH VARIANCES AT BA~:~ LAKE ROAD AND INTERNATIONAL PARKWAY - ROSEWOOD CORPORATION, PETITIONER Mr. Howard Rekstad stated they were requesting approval of construction plans for a building on Bass Lake Road and International.Parkway that included variances. They had previously had a building approved for this site, but Council had refused approval of IRB financing because of the appearance presented toward Bass Lake Road and the entrance to the City. They had been referred back to Planning Cormmission to pre- sent revised plans. He noted that a larqe portion of the site had poor soil. They are proposing an approximately 48,000 square foot building of an office/warehouse type. It will re_cuire some variances. The building will be constructed of decorative black and will be a multi-tenant building. They are requesting a setback variance on the Bass Lake Road side from 35 feet to 20 feet. A variance is also required to allow parking in front of the building. The primary tenant will be on the eastern end of the building with a secondary tenant on the west end. Following the meeting with De- sign and Review they have made the requested changes. There will be additional landscaping on Bass Lake Road and the building will be recessed about 3-4 feet to reduce the exposure to the road. Mr. Rekstad stated they were ~lso presenting the sign criteria for the building for approval at this time. The signage will be according to Code. Commissioner Gundershaug asked what the north side of the building was going to look like? Mr. Rekstad stated that the north elevation plans were not as yet completed. It will have continuous decorative blockof a break-off type or scored, and paneled, with a monolithic element with super graphics on the wall. In response to a question frc~ Commissioner Gundershaug regarding the type of graphic, Mr. Rekstad stated he would appreciate it if he could work with the Co~nission on ~his later, as this is something the artist did. Commissioner Gundershaug commented that the plans were not complete. How could the Co~=nission approve something when they didn't know what it was. He felt the case should be tabled until plans were complete. Mr. Rekstad stated that based on the experience t_he City has had with Rosewood, he wished they w~ld bear with =hem on details. Discussion then covered the parking area and the driveways, which were shown as only 62' wide. Co~is-' sioner Gundershaug noted that the Ordinance required64' of width and 20' parking stalls. In response to questions from Coeunissioner Gundershaug regarding the landscaping on the north side of the building, Mr. Rekstad stated there would be 14 Russian Olives. The building is 300+ feet long on this ~ide. In reference to the parking and the Ordinance requirement for screening of parking in the front, C~is- sioner Gundershaug stated he felt that 13 trees in 200 feet was not sufficient for a screen. He also expressed concerns about the plan to seed some of the site rather than sod. Mr. Rekstad noted that the parking lot would be continuous concrete around the building and at the ex- terior it was continuos asphalt. The City Manager stated that the Ordinance required cont%nuo,~s curbing. Mr. Rekstad stated that all refuse containers will be enclosed, the lighting will be similar to that used on their other buildings in the area and that all signage will be according to Ordinance. The buildirkg will be as energy efficient as they can make it. In answer to a question from the Chairman, Mr. Rekstad stated that the building exceeded the require- ments of the Energy Code~. They used 2%" solid insulation on the roof and will fill the cores in the concrete blocks and use double glazed windows. Co~nissioner Daly stated that there were so many things about the plan that he was dissatisfied with that he was of a mind to table i~ for a month to allow time for cmrection and allow th. petitioner to 5. again meet with Design and Review. The fact that they were planning to seed the area along Bass Lake Roa~, and planning to use only deciduous plantings and no conifers,as well as some of the other area~ they were planning to seed were among his concerns. He felt there were so many questions raised by ' Design and Review that were unanswered, that it would be foolish to try and jam this case through. Mr. Rekstad stated Commissioner Daly had mentioned two items, what were the others? Commissioner Daly noted that all the things that had concerned Design and Review including the lack of a complete plan for the north side of the building and what the exterior finish will be. Mr. Rekstad stated it seemed like false economy to them to sod an area that had been nothing but a weed field for many years. It was his opinion that conifers would not grow successfully in the muck on this site and they would have to replace them within ~ year. Rosewood had tried all types of conifers and they don't grow in the muck. He suggested that if they looked at the other sites developed in the City by Rosewood, they would see that the deciduous shrubs/~rees were the only ones still growing. Commissioner Daly took exception to this statement, feeling there were different types of conifers and some would grow on the soil in this site. He again expressed concerns about the fact that they did not know what the building would look like. Mr. Rekstad stated they had taken a building with five truck docks facing Bass Lake ~oad, which had been approved and removed the docks, and designed this building in its place'to present a different view. Discussion followed between Mr. Rekstad and Commissioner Daly regarding the first building that had been approved for the site, the fact that it had not been approved unanimously, and the reasons that Council had referred the request back to Planning Commission for plan revision. Mr. Rekstad stated he pleaded for their understanding and for Commission approval, providing that the south elevation and Bass Lake Road side would be complete. Time was important, they were already looking at win=er construction. The prospective tenant also needed some confirmation. Commissioner Daly stated he felt it was foolish for the Commission to rush into something when they could wait 30 days and have ccanplete plans. The buildina would Drobeblv be here for 80 years. If there was such a rush and a time element was involved, why weren't there complete plans at this time? Mr. Rekstad stated they had been working to get everything ready on the revisions. Commissioner Daly made a motion to table Case 80-29 until the meeting of July 1, 1980. Cc~anissioner Wheelock second. Voting in favor: Wheelock, Gulenchyn, Daly, Bartos, Cameron, Gundershaug, E~war~s Voting against: None Absent: ~""""~ Pot a h,,~la~,= r6 b- loaat~d at Bass ?--~e ~oad and International Parkway. was con- Mr. Howard Reks=ad represen=ed the pe=i=ioner. He said ~wo variances were needed: 1) ?arkin~ in fron= of =he building, on the eas= side. 2) Se=back from Bass Lake Road. The buildin~ has been redesigned. ~he =tuck docks on =he nor=h side of =he buildin~ have been r~oved. The buildin~ has been se~ down in=o the site. 0=her =ban =he =wo variances, all requests of the ci=¥ have been me=. The exterior of ~he buildin~ will be decora=ive concrete block.. Mr. Reks=ad s=a=ed =ha= =he Plannin~ Commission has reco~ended in favor. Councilman Enck asked for clarification as =o =he 6~ foo= driveway. The ci=y manager explained =ha= =hey had a dead end 9arkin~ lo= so =he drive would have =o accommodate =wo-wa¥ =raffic. Mr. Reks=ad s=a=ed =hat he also was re~ues=in~ approval of =he overall si~n 91an for buildin~ and =ha= all si~n cri=eria was me=. Councilman Enck commented tha=, earlier, another buildin~ had been approved for =his site. Mr. Reks=ad s=a=ed =ha= a buildin~ permi= had never been =aken ou= for =he 9reviously approved buildinE. No one appeared in reEard M~tfonb~ Councilman Plufka Vo=in8 in favor: Erickson, VotinE aEainst: None Motion declared carried~ this planning case. second by Councilman Enck to rescind the previous approval for m~H ~ubstitute the construction approval with variances ~ ~- Nm 80-29. Enck, Hokr, Otter, Mr. Howard Rekstad the-,=~C~'~"~ rH~r ~ ?R~ fund~n~ for the buil~inm apprpvgd under ~otion by Cc~!iman Enck, second by Councilman Otten rn mn~rmv~ thm i~mr~msm tn~ =-: ~:~e building approved under Plannin~ Case No. 80-2)'from $900,.000 to $1,000.000. It was clarified that preliminary approval for IRB funding for this building had been given At this time, the reques~ is to amend the resolution giving preliminary approval so as increase the proposed amount from $900,000 to $1,000,000. Voting in favor: grickson, Enck, Hokr, Otten, Plu~a Voting against: None ~tion declar,d P~G ~ 80-29 - ~ST FOR ~NSTRUCTION ~PR~ WI~ V~I~ AT ~ ~ RO~ ~D TI~ P~AY - R~D ~O~TION~ PETITIO~R ~!ssiener ~tos made a motion removing Case 80-29 fr~ the t~le. ~issioner Gustafson seco~. Vo~ing in favor: ~eelQck, Gulench~, ~ly, Ba~os, ~ron, Gus~son, G~dershaug, Edw~ds Voting against: None Motion ca~ied. ~. How~d Reks=ad represented Rose~ Co~oration. He noted that ~ey ~d made the ch~ges ~' ~e ~sign ~d ~vi~ C~ittee and Planning c~ission. The building will ~ cons~cted of a b~ation of bre~-off block ~d decorative block ~d will ~ p~nted. ~ey have added more ~r~s si~e. The driveways have ~en increased to 64 fee~ in wide. In res~nse to a ~estion fr~ Co~issioner Gundershaug he note4 ~at even wi~ the wider drives, project would still come witch the 35% green ~ea re~rement. They ~11 no longer paint s~er gr~ ~ ~e bulldog as originally proposed. ~y have ~ded d~ trees along the p~king ~ the east side ~d have add~ five trees to In ~r ~o a ~estion fr~ C~issioner G~dersha~, ~. ~tad stated ~ ~e sl~ ~ the p~ng 1~ ~o ~e ~s= was 2 to 1 ~d was more th~ ade~ate. Dis~ssion held r~d~g ~e position of ~e'par~ facing B~s ~ke ~ ~ it was dete~ ~ lot would ~ ~ut 9 fee: l~er than the ~. ~kstad stated the si~ criteria as presented w~ s~l~-=o ~a~ of ~eir o~er bui~gs in ~e ~. ~!~sioner G~dershau= made a motion reco~ending approval of Case 8~2~, c~st~ction approval variances in the north setback and for parking in front of the building, and approval of the sign plan criteria as presented. Commissioner Edwards second. Voting. in favor,%~Wheelock, GulenchFn, Daly, Bar~s, Cameron, Gustafson, Gun~ershaug, Z4wam~ Voting against:~~'~ ~ i~ Motion carried. % CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: July 5, 1995 Planning Commission Members Kirk McDonald, Management Assistant, Community Development Coordinator Miscellaneous Issues June 12th Council/EDA Meeting - At the June 12th Council/EDA meeting, the Council/EDA took action on the following planning cases and other related issues: A. Planning Case 95-09, Request for a Conditional Use Permit to Allow a Home Occupation for a Home-Based Electrolysis Business at 8820 45th Avenue North ~ Approved, subject to the conditions as recommended by the Planning Commission; with the modification of the condition on maximum number of customers from 3 per day/9 per week to 4-5 per day/20 per week (per the petitioner's request at the Council meeting). B. Awarded the Contract for Basketball and Tennis Court Improvements at Begin Park - to the low bidder, Barber Construction, in the amount of $68,056. C. Recommendation by Citizens Advisory_ Commission for Changes to City Ordinances Pertaininn to Trees - The Citizens Advisory Commission is recommending changes to several City ordinances pertaining to trees as a result of their discussions with the City Forester (see attached Council request). The Council accepted the recommendations and directed staff to prepare ordinance amendments for future consideration. Due to the fact that several of these changes are Zoning Code changes, the Codes & Standards Committee will be reviewing the recommendations and a public hearing will need to be held at a future Planning Commission meeting. D. Authorization for Staff to Proceed to Negotiate with Owners to Purchase Properties at 7621 Bass Lake Road and 5559 Sumter Avenue for Bass Lake Road Extension Housin~ Redevelopment Proiect - Appraisals have been completed on the first two "willing seller" properties in the Bass Lake Road area and the EDA authorized staff to proceed to acquire the properties. Staff has met with the property owners and purchase agreements will be submitted to them in July. Authorization for Staff to Obtain Appraisals on Properties at 7609 Bass Lake Road and 5520 Sumter Avenue North - Two other property owners in the project area have also contacted the City and indicated an interest in selling, therefore, the EDA authorized two additional appraisals. Consideration of Market Study Proposal for Winnetka Shopping Center - The EDA considered a proposal from Northwest Consultants to conduct a Market Study on the Winnetka Shopping Center, as the City wants to be pro-active in filling the SuperValu space and consider other improvements to the center. The EDA tabled action on this item and directed staff to contact the shopping center owners/managers to see if they would share in the cost of the study. June 26th Council/EDA Meeting - At the June 26th Council/EDA meeting, the Council/EDA took action on the following planning/development issues: A. Easement for 49th Avenue Lighted Ballfield Expansion - The Council awarded bids for grading/lighting/irrigation improvements at the 49th Avenue Lighted Ballfield. Due to the fact that the distance between home plate and the backstop is being increased, an easement across a portion of the property at 4921 Boone Avenue was necessary and Boone Partnership donated the easement to the City. B. Transportation Plan Update - The Council formally approved the Transportation Plan Update which was completed earlier this year. The Planning Commission has already received a copy. C. Approval of Quote for Abandonment of Wells - The City was recently notified by the MPCA Tanks & Spills Section that the investigation/clean-up at the City-owned property on 42nd and Nevada Avenues has adequately addressed the petroleum tank release and that no additional investigation or clean-up work is necessary. The next step is to abandon and seal the nine (9) monitoring wells on the property. The Council awarded the job to the low bidder. D. Approval of Plans & Specifications for 1995 Backyard Drainage Projects/Authorization for Bids - The City is undertaking seven (7) minor backyard drainage projects this summer which will be funded out of the Storm Water Utility Fund. The Council approved the plans and authorized bidding. I have attached the plan showing the location of the projects, if you are interested. E. Award of Contract for Area 1 - 1995 Street Improvements - The Council awarded the contract for the second portion of the 1995 street improvements to the low bidder. This area included Quebec and Rhode Island from 60th Avenue to 61st Avenue, 61st Avenue from Rhode Island to West Broadway, and 60th Avenue from Rhode Island to Quebec. F. Resolution Authorizing the Purchase of 6067 West Broadway Under HUD Direct Sale Provisions - This is a problem property that is in the process of being returned to the mortgage company and it will be turned over to HUD in mid-July. Staff requested authorization to purchase the property for rehabilitation purposes, after which time it will be sold to a first-time homebuyer. G. Letter of Intent Submitted by EVEANN Limited Partnership for Champion Auto Store on City-Owned Parcel at 42nd & Nevada Avenues - The EDA considered a Letter of Intent to locate a Champion Auto Store on the City-owned property at 42nd & Nevada, but decided to maintain their position that they would prefer a non-auto oriented use. H. Purchase Agreement Submitted by Gill Brothers Funeral Chapels, Inc. ~ The EDA also considered a purchase agreement submitted by Gill Brothers to purchase the same property and construct a funeral chapel on the site. The EDA was more receptive to that use and directed staff to work with Gill Brothers on a more specific/detailed proposal. I. Approval of Plans and Specifications for Landscaping at 7901/7909 51st Avenue North - Now that the construction of the handicapped accessible twin home is well underway, the EDA approved landscaping plans and specifications and authorized the seeking of quotes. The closing on one side of the unit will take place the first part of August. Codes & Standards Issues - Staff has continued to work on the following Codes & Standards Committee issues and the Planning Consultant and City Attorney are in the process of preparing reports/ordinances or amendments on the following subjects: A. Sign Ordinance Minor Amendment B. Ordinance Regulating Tattoo Establishments C. Ordinance Regulating the Sale of Seasonal Produce These items should be ready for consideration by the Codes & Standards Committee near the end of July and will proceed to the Commission after Committee review/approval. Potential Housing Development at 49th & Winnetka - Staff have met with a developer and architect regarding a preliminary plan for potential housing developments on the vacant property at the southeast corner of 49th & Winnetka Avenues. Miscellaneous Articles - For your information, the following articles related to planning/development issues are enclosed: A. Cemeteries as Community Assets B. Pawnshops C. Currency Exchange Restrictions D. Regulating Outdoor Sales E. Adult Entertainment City Employee/Volunteer Appreciation Picnic - The City's annual appreciation picnic will be held on July 25th (you should have all received invitations) and I would encourage you all to attend. The picnic is intended to thank residems such as yourselves who voluntarily serve on City commissions, etc. This year Bob Cameron, Mary Zak and Doug Watschke will be presented plaques of appreciation for their past service on the Planning Commission. Attachments: Ordinance Changes Pertaining to Trees Bass Lake Road Housing Project Market Study Proposal Boone Easement Well Abandonmem Backyard Drainage Projects 1995 Street Project - Area 1 West Broadway House Champion Auto Letter of Intent Gill Brothers Purchase Agreemem Landscaping Plans for 51st & Winnetka COUNCIL REQD'EST FOR ACTION Originating Depa~ t~ent Approved for Agenda , f Agenda Section un in,shed & Parks and Recreation f~une 12, 1995 ... 0rg. Business / Item No. :By: Shari French By: 11.1 DISCUSSION OF ORDINANCE CHANGES PERTAINING TO TREES RECOMMENDED BY CITIZEN ADVISORY COMMISSION At the May 15, 1995 Citizen Advisory Commission, a motion was unanimously passed to recommend to Council changes in city ordinances pertaining to trees. The following is their recommendation: Eliminate the list of suitable plant material from the ordinance 4.033 (4) (b) (iv); Update the current list of trees prohibited on the public right of way and include reasons why these trees are on the list of ordinance 4.033 (4) (b) (iii) (bb); Establish a list of trees prohibited on private property, including why the trees are on the list; Establish an ordinance to set up a hazardous tree program; and Establish a boulevard street tree maintenance program. The above recommendation came about after discussions with the City Forester over a two month period. The topic orginated from a resident's concern over a cottonwood tree planted in her neighbor's yard from which roots were beginning to grow into her yard. As it turned out, the neighbor cut down his tree so that situation has resolved itself. The discussion then turned to trying to prevent such a situation in the future while encouraging the planting of long-lived, hardy species. MOTION BY SECOND BY TO: Review: AdmtnkstraUon: F/nance: RFA-O01 ~ Oa~: Frax:nu~ 'Pa~mcre' T~'ia Cordata 'Greens:ire, Tilza Cordata 'Redmond' Acer platancides 'Norway' Acer platanoides 'Royal' Red' Acer Saccharum 'Su{ar' Quercus palustris 'Pin' Quercus Ru~ra 'Northern r~g~ cf way include: Acer negundo Acer rubrum Acer Saccnarinum Ulmu$ (varieties) Pop~lu$ (varieties) Salix Cvarie~ies ~ilanthus al:issima Ca%alpa speciosa Trees specifically prohibited within the pJSlic Box Elder Red Maple Silver Maple Elm Poplar (including Willow Tree of Heaven Northern Catalpa ~gitable Plan= Material. The following plant material ~s permitted for planting except on the public right- of-way where only the trees identified in ~ 4.033 (4)(b)(ili) may be planted: (aa) Evergree~ Trees. heigh: as follows: Abies Concolor Pinus Nigra Pinus Resinosa Pinus Strobus Pinus Sylvestris P~cea Glauca Thuja Occidentalis "Pyramidalis" Picea Pungens Galuca Picea Glauca Densa%a Four (4) or five (5) feet in Concolor on White Fir Austrian Pine Red Pine White Pine Scotch Pine White Spruce Pyramidal %rborvitae Colorado Blue Spruce Black Hills Spruce (bb) Narrow Evergreens Juniperus Scopulorum 'Welchi" Juniperus Virginiana Pyramidalis Hilli Welchi Juniper Dundee Juniper 4-24 072684 EDA ~ REQUF.~T FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA 12-95 Kirk McDonald Item No. By: Management Assistant By: 4 MOTION AUTHORIZING STAFF TO PRO/CEED TO NEGOTIATE WITH PROPERTY OWNERS TO PURCHASE PROPERTIES AT 7621 BASS LAKE ROAD AND 5559 SUMTER AVENUE FOR BASS LAKE ROAD EXTENSION HOUSING REDEVELOPMENT PROJECT (IMPROVEMENT PROJECT NO. 541) At the May 8th Council meeting, the City Council and staff discussed potential housing redevelopment options in the Bass Lake Road Extension area. Staff indicated that properties Would be acquired on a voluntary, willing-seller basis. Staff also indicated that two property owners (7621 Bass Lake Road and 5559 Sumter Avenue) had already contacted the City and were interested in the City purchasing their properties and the Council authorized staff to proceed with appraisals on those two properties. BCL Appraisals has completed the appraisals on the two properties and the "Fair Market Value" estimates are compared to the January, 1994, assessed values below: PROPERTY FAIR MARKET 1994 OWNER ADDRESS VALUE ESTIMATE ASSESSED VALUE J. LaLiberte 5559 Sumter Avenue $62,000 (Land) $21,500 (Bldg) $42,000 $63,500 J. McBrady 7621 Bass Lake Road $78,000 (Land) $21,500 (Bldg) $56,000 $77,500 If the EDA is interested in pursuing this redevelopmem project, staff recommends that the EDA approve a motion authorizing staff to proceed to negotiate with the property owners for the possible purchase of the properties. All agreements would be brought back to the EDA for final approval. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ '~laoN anua^v aa~mns _ ~ BCL Appraisals, Inc. Bjorldund, Carufel, Lachenmayer, Incorporated 95-0525 May 24, 1995 City of New Hope 4~101 Xylon Avenue North New Hope, Mn 55428 Attention: K/rk McDonald Attached is the appntisal completed on May 24, 1995 for the property at: 7621 Bass Lake Road New Hope, Ma 55428 Jerome and Karla McBrady The estimate 'J~r..~Al~f~" as of May 24, 1995 is: Seventy-Eight Thousand Dollars $78,0(J0 No. .r~ponsibility has been assumed for matters which are legal in nature, nor has any opuuon on them been rendered other than assuming marketable title. Liens and encumbrances, ff any, have been disregar~led mi the property was appraised as though fmc of ~. m construcuon or mamtorance of the building, such as the presence of urea-formaldehyde foam insulation, asbestos, and/or the existence of substances such as toxic waste or radon ~as, and/or the existence of any other environmental influence that may advemely affect the value of the property, was not observed by me; nor do. I have any knowledge of ~ existence of such materials/substances/influences on or .m the property.- The appmser, however, is not qualified to detec~ such materials/substanom/infiuen~a. The existence of urea-formaldehyde foam imulation, or._other potentially ~ material, or toxic waste or radon gas, may have effect on the value of the property. I urge the client to retain an ex~n in this field if desired. Please feel fr~e to call if you have any questions. We appr~ciateyourbusineas. Sincerely, BCL Appmsals, Inc, / Ron Lachenm~tyer, SRA RL0dw 21~2 AJzlmey LafuSafh, Mimmpob, Minnmou.S~lll (612) ?11-0605 Fix: 781.7826 ~0 UNIFORM RESIDENTIAL APPRAISAL REPORT n,. xo. 621 Bass Lake Road c~New Hope ~a,,Mn ~e At~ch~ Addend. Coun~Hennep[n ' , Jer~e/~r cur~nt ~r ~ occupant , ~ ~ Map ~fe~ncl ~O-IA C,n,u, r~,ct 21 ~. 02 Sale Pnce S N/A ~m Qf Sale N/A ~scn~ ~ $ ~t 0f I~ ~.~ m ~ ~ ~ ~mr N/A o~ H~ Ho~ ~.~.~01 Xy~on Avenue Has H~ Ho~. ~ 55~28 · d=~s~2852 ~thony ~ne ~u~. M~nn~oo~s, ~ ~18 e~ ml I ~r ~ __ 2-4 f8~ ~ j ~ In ~mcts~ the s~tl 81 to the Factors ~t affect ~ M~e~Mli~ of ~ pm~Wel in ~ Mi~od (pmxi~ te empioy~nt end iMmtiel, employment I~fl~l I:IX~X~ i, Ihs ~ flligMe~flno4 (inoWdmJ ~fl ~r ~ ~ ~ mll~d ~ ~ Im~ at ~ Vlt~l. ~mlnd/lupply. and ml~otmg t:me ' IUCh II O~ fl flNfl~ P~N~II for HII iff ~ NipPed. ,Knpbofl of ~ p~eflcl gl fllll od fl~ncing C0flCllll0fll. ITC.): n~ Pr~kKt In~eramtlm far PUO. (. iNiicaii.) - - la trd d.aeloMr/lwdder m cmtm~ of the HOwl 0wnM.' AaeocmJoa (H0~)? ~YES ~,No A~Ofoximlll tOtll minim' M mill m fbi mdINect I~O~Kt A~omxJmltl lOtll resume M unfl~ Jar Isle m h'm ImMect prelect romaine [~t~JJ (Aoorox.) 32.030 Ecl. Ft. A~v Nolte Lvl-Oecl to rear Averaee Zrreeular ADp~rs Avera~ Res ~t ~al Averaae ~1 Concrete ~ C~ents ~m 1-2-81 '-0001B Coflwwttl (lllpinal IdVlfll llllllllL IIN:llldtmld& Iliad Ilaeaeffllfltt slim amis. illegal er legM nofKonlonmm} zoning, uae. itc.): ~ At~.ached INSULATION Cailin9 Cnc~. w~ Cacl. None 81; 60( CondIU(m of b'w m det~aalofl (phymca~. hJnctWnol, and external), repairs needed. ~lu~tty of construction, remoeoling/additiofla, etc.: ~e AdvlrM ooviroamental conlltioae (such Il. Iii| not limltl4 to. lazIrdOUl Wlltll. tOXiC lUllltl0Cll, etc.) pmaeflt iff the improvements, off the i~ta. or Ln the illMl~e~lll vlciIHly of ~ a~l, fect lmNrty: ~ Ail;ached ESTIMATED SITE VALUE ESTIMATED REPI~X~ICTION CO~T-flEW ~elhng 1t~12S~.Ft eS 6~.00 · S ~1,780 ~e A~ ~tures 6~ ~ 000 -$ 7621 ~ss UNIFORM RESIDENTIAL APPRAISAL REPORT . Cos: fiRures ~ve ~en oD:a:ne~ :he ~rs~ll Sw:ft Cos: Guzde as well as local sources. The suD]ect suffers f~m s~e functio~l depreciation 3=unite access off of ~ss ~ke E~d. This ~pri~te ~s~ent will m~t s~e ~yer al,~20~res~s~nce. Th~s resu~ta 2,000~oss ~n va~ue. ~ at~ch~ sketch for ~ 6922 COMPA~SLE ~ 2 ~ COMPA~BLE ~ 3 Corvallis Ave :~5857 Neva~ Ave Fee '~ Crystal North Mile South 6 Blocks North s 77,ooo{ s 105 Days-Cry tls8 ~ 10 ~ys-Cty C~8 ~ 98 ~ys-C~y Points DESCRIIrrlOfl D~$CRIPT]ON Convis tonal 3ints Fee 0 Points ~3-95 hbrhd Fee Acre Acre *~,OC. idential A~eve (ImM Roam Cmmt W/O-Full ~.~.~ Patio-30zl0 W/O -1,0001 +1,000Full-No W/O -1,500 None None None New Decor +1,000 : +1,000 Full-No W/O sf Fin G~A/None None +500 -8 +2,00 -1,00 -2,00 +1,00 Detach Fence .$ -50 -1 -1 6,00 Comments oa ~ Comla~eedl (IKIml~ I~ a~ct l~'m compatib,iity to me oeilh~mood, etc. ): ,.~ Attached Addendum. Men aM Oata COed~AI~ NO. 1 NO COMPAI~ NO. ~ No C~AM~ ~. 3 M~ ~ R~ R~ord R~ord R~ord over the m~ths other t~n ~A~ v~ IT S~S C~a ~A~. S 78, O0 ~v~~~{If~i~)Es~ol~t N/A~x~~ N/A · s F~~Cost ADDr~ch S83.S00 Sales Coaoarison ana~¥$~$ }78,000, Tncoae Approach ~s not rental data o2 sinale Zanily homes. The Sales Comparison BJOI~(LUI~D,CARUF£L,LAC/.[~qMA¥£R,INC. BCL Appraisals, Inc. Bjorklund, Carufel, Lachenmayer, Incorporated May 24, 1995 City of New Hope 4401 Xylon Avenue North New Hope, Mn 55428 Attention: Kirk McDonald Attached is the appraisal completed on May 24, 1~95 for the proper~y at: ~$$9 Sumter Avenue North New Hope, Mn 55428 J. LaLiberte The estimate 'Fair Mark~ Valuq' as of May 24, 1995 is: Sixty-Two Thousand Dollars $62,000 No..mspomib. ility, has been.assumed for. matters which am legal in nature, nor has any oplmon on mere oeen r~naered other man assuming marketable title. Liens and encumbrances, if any, have been disregarded and the property was appraised as though free of indebtedness. In this appraisal assignment, the existence of potentially hazardous material used in constructmn or maintenance of the building, such a~ the p. resence of urea- formaldehyde foam insulation, asbestos, and/or the erdstence of substances such as tordc waste or radon ga~, and/or the existence of any other environmental influ?n~ that may, adver~ly af.f .ect the value of the property, was not observed by me: nor oo t nave any ~mowledge o£ the existence of such matenals/substances/inHuences on .or !n.~e p. ruperty... T~_e apprai_~_r, however, is not qualified to detect such materials/su~)stances/mnuences. The existence of urea-formaldehyde foam insulation, or other potentially hazardous material, or toxic waste or radon gas, may have Plea~ f~l fr~ to call if you have any questions. We appreciate your business. $immmly, BCL Appraisals, Inc. RL/jdw 28~2 Antony Lan~.$ou~h, Minn~polis. M}nn~om 55418 (612) T81-060.~ Fax: Land Surve *ssc.sors Parce~Nc 05-118-21 X ;ce Sale pace $ N/A 0ate of Sale N/A Lender/ClientC~.t7 Of New Hope eRA Locetmn Urban Ball up Over ?SX Growm rate ~p~d ~n~supp~ UNIFORM RESIDENTIAL APPRAISAL REPORT Avenue North :.~New Hope !ts:erin Tract B ::,~nNHenneD TaxVemr 1~ ~E TaxesSa~.O0 ~ Spec:m,~sse~sre-:s ~rrem~ner J. LaLzbe~:e ;c:~a,~ X ~ner 'e~am ,~:~ Map aeference ~O-2A Consul Tract 21 ~. O~ ~scnpu0n aaa S a~ at 13n c~r~s/cancess~ons ~ ~ pa~ ~ ~ler Aearess aa01 Xy~on Ave No, Ne~ Hope. ~ 55a28 ~are. 28~2 ~:~ony Lane South, H~nn~po~s. i Slow ~ ~ner ~0 Low 20 {2-4 flm,~ 5 ~ )n proce.l 0 Nete: Race and the racial composition of tt~ nMgN~rheml ~e ~t ~s~ f~t~s. : ~i~d~aflesindchamctlnltic~: Ne~h~rhood ~un~ries consist of 62nd Ave N to the nor:h, Boone Ave~ Ave N Co the south and Cry Rd 81 to the east. Flctorl that ifflct the mi~etlbili~ of the pmpldtll in t~ neighDo~ood (proximl~ to employment lad Imlmtill, employmlflt stabileS, appeal to manet, e~c.): Mlrklt conditions in the elJiect nelghbedlood (including au~pod for the above coflclullOnl related lo the trend of pmplrty valuel, demand/supply, and ~,art<el]ng trina - such la data on competitive pmportill for Slip in the neighborhood, description of tho prevalence of snipe ifld tinancing concealmne, etc.): and Mland character did not observe any unusual number! homes currently on the market. MarketinB time ~e under three months. Interest rates are at to three LLab~e. the nor~. ~ fop PUOI (If applicable) - - I$ III dl~/i)udtdlf in cofltl~ of ~ll Hefl~ Ovmere' AlleOllOa (HCXA)? [] YES Apemx"~lll lolal flumaer ot uafll in the sWct pnNe~ Appmximale lelll ~ Of I,II~ll ~r file in Ull ~U~jl~t pmiect I~me~smae 1 O0 x 160 i 16000 ~.Ft. Carrot ~YII ~ 1 ~c P~I~ ~ Public O~er Off-deb IlqrOvements Tybe ~e Nat.. GL1 cum/lurer Concrete weir VeLl/IMter~ne sim Co,crete h,vt,~/.vror I strut #lin ¥~ Tooogmpe/ Leve.L Size AveraRe Sheae Reetan;u~ar O~ Average V~w Re~ ~ ~nt ~ AveraRe ApplmMia~mNI NORe ap~en~ ~ S~J ~d ~zl~ Ami ~ Yes ~ ~ ~Mm. 270177-0001B C~t~(~pp~m~t~Mre~M~t~icr~cN~t~`~p~cM~m~n~d~re~i~r~n~n~fm~z~m~g~u~e~e~c~): ~ At:ached I~'elUeis 1~ GENERALi D~SCI~IaTION EXTB~K~ 13~RIPTION FOUNOATION B~ I~U~TI~ Fo~ ~n p~k Slae No Ama SiR 0 ~ ~ I M. of Sb~l 1 ~tefior W~l Al~in~ ~Yel %~e~ 0 Cliliq CflC~. ~ I T~(~/A~) ~ch~i ~fs~= ~h. Sh. b~,' No ~ No w~, Cnci. ~ ~.u~m Existinel ~T~ ObL H~e ~. ~one noted n~r No ~ ~m ~ ~ Ap (Yin.) 43 ' Se~Sc~ C~, Seme~flt None noted ~m ~ No~ u.~ ~ ~E~Am~Ym.I 20-2~ ~~ ~ ~n~s~aan None not~ . ~ 1 X 1 Ar~ 1 3 1 ! ~60 1 ~ Ma~fill~/~lJe~ HEATIN(3 KITCH~ EQUIP. A~IC A~I~ C~ ST~ hi Wefls~l hfltm F.~d n~r F~ Pert iai ~it-tnO~$t ~m P ine-g ~r None ~c~ ~md ~ ~n 2 Adverse environmental conditionl (such Il. bUl not limited to, hazardous williS, toxic substances, itc.) present in the improvements, off the sba. or m the immldletl vicinity of the subject propefly: NO ed~/erse environlllen~],, or hIZIrdOu$ condJt~one noted. See attached V aluatlon Section UNIFORM RESIDENTIAL APPRAISAL REPORT ESTIMATED SITE VALUE · S ~emng 960Sq ~ ~S ~0.00 · S ~8,000 Sq Fl · ~ 'ch · ~,000 71260 59,260 C~rmgetCa~d ~B4 Sq. Ft. · $ 1 ~. 00 Total Estmmted Cost New Less Physical i Functional I Extemat .$ Comments on Coal Approach (such ms source o' c:$! es! -a'e · Cost fiRures have been obta:ned cr, rcu~ the ~rshall Sw:ft Cost Guide as well as local sources. Subject suffers from external depreciation due to :ts proximity :to busy road. This results in an estzmated Da~mc~n 2~%1 0%1 lO% · s 23.000 'AS-It' Vel~ Ct Site Imp~vemeflts · S APPROACH · ~ ~T£M ' SU~ECT COMPARABLE NO1 5559 S~:er Avenue ~or:h ~721 Corvallis Ave :rys~[/Ne~ Hope Mile ~uth Pdca/Gmss L~ Dam &hi/or Silll or Financing 110% loss in value. 36.260! . See attached sketch for dimensions.; ~,5ool 62,~ s )),)oo 7T.aT~ )4L~ 23 Days-Cry Clsg Rec/Clsd 8-31-ga DES CRIPTIC~d i *{~$ AeFtdNm : Points ~brhd : rea O0t . Estimated rem~aininR life 35-a5 years: COMFARAalENO2 COMPA~eLENO 3 5361Pennsylvan:a New Hope 6 BlocKs South S 61,000 66.30 m ML~ 61 Days-Cry Clsi~ Rec/Clsd 2-1 DESCRIPTION Assum-FHA : ~0k e11% 59~2 Jersey Ave Crystal 8 Blocks Northeast s 68,000i s 63.~9: MLS 19 Days-Cty Clsg Rec/Clsd 3-3~-95 ~ESC~IF?)ON · - $ FHA Points -6,00015uo Nahbrhd i -6,0001Sup NRhbrhd -6,500i iFee 'Fee ~ Al)eve -1 mk/School -1 R~mbler Averaie 5i 3i ~', 920 Sq. Ft. : Crawl Space Averaae O~A/Central None : +1 i +3.ooo -1,~oo Masonite -1,000 -3,000 ~ : 2 : 1: +1,000 1,07lsq.~t, i -2,~00 Crawl Space AveraRe ;F'WA/Central ': None -t.500 Features 2 Car Attach Porch. Pat io No Fireplace Prtl Fence None I Car None tic Fireo~ce [tone lone +1.500il Car Detach : *1,000 None No Fireolace None None : 3.5oo [~. ~-:s Gross:31.11 63.000 Net: .1,50o +1,000 61.00( Car Attach Deck No Fireplace Fence )liances Gross:33.1. Net: -13 S compatibility to tim flmghbomood, etc. ): .See Attached Addendum. +500 -5oo -500 8,500 sa~ww~m No Record COMPARABI~ NO. 1 I COIdmARABLE NO. 2 ~ Record I No Record No COMPARABLE NO. 3 Record Attached VALUE BY SALES COMPARISO~ APPROACH S 62,000 _a.:~:Ai~:)V~&Lm_ly~mr2~A.opj~_AC_q_ (if A0piicelale) Estimatadbla~et Rent S N/A/1~.xGmesRentMulliMier N/A · S N/A The subi~t ~$ ~efl appraised "~ Is". This is conside~ a s~r7 apprai~ R~l~con=imu~Cost Appr~ch S62,800 ~les Core. TiSCh ~aly~is S62,000. Income Appr~ch ~s not ~he ~les indicator ~ ~d ~ Did Not ~chen~yer, SEA / Na~ )ns~ctPr0pe~ ~Y 24. 1995 Date ~fl SsgMd CRRPA sate ~ sate Cemfiubofl I sma Or sma ut,n,, l~ e40007~7 State ~ Or State Ucen# It $tlm BJOR!O. UND,CARUFEL.LACHENMAYER,IN¢. REQUF~T FOR ACTION originating Department Approved for Agenda Agenda Section City Manager EDA 2-95 Kirk McDonald Item No. By: Management Assistant By: 5 MOTION AUTHORIZING STAFF TO /6BTAIN APPRAISALS ON TWO ADDITIONAL PROPERTIES (7609 BASS LAKE ROAD AND 5520 SUMTER AVENUE NORTH) FOR BASS LAKE ROAD EXTENSION HOUSING REDEVELOPMENT PROJECT (IMPROVEMENT PROJECT NO. 541) At the May 8th Council meeting, the City Council and staff discussed potemial housing redevelopment options in the Bass Lake Road Extension area. Staff indicated that properties would be acquired on a voluntary, willing-seller basis. Staff also indicated that two property owners (7621 Bass Lake Road and 5559 Sumter Avenue) had already contacted the City and were interested in the City purchasing their properties and the Council authorized staff to proceed with appraisals on those two properties. Subsequent to that Council meeting, two additional property owners have contacted the City and indicated that they may be interested in a voluntary sale. One property (7609 Bass Lake Road) is located within the project area and one property is located directly adjacent to the project area (5520 Sumter Avenue) and could easily be incorporated into the redevelopment plan. Staff indicated to the property owners that we would inform the Council/EDA of their interest in selling to the City and inquire as to whether the Council/EDA also wanted to authorize appraisals on these two properties. Estimated cost of the appraisals is $350.00 per property and would be funded out of pooled TIF redevelopment funds. If the EDA is interested in pursuing the acquisition of these two properties, staff recommends approval of a motion authorizing staff to obtain appraisals on the two additional properties (7609 Bass Lake Road and 5520 Sumter Avenue North). MOTION BY SECOND BY TO: Review: Administration: Finance: I RFA-O01 ~ BASS LAKE ROAD HOUSLNG DEVELOPM~ENT ADDRESS/PID 05-118-21-33-0028 7615 Bass Lake Road OWNER/TAXPAYER NH Alano Group, Inc. 05-118-21-33-0088 7605 Bass Lake Road M. Hilgers ASSESSED VALLE Land: -O- Bldg: -0- Land: 19,500 Bldg: 33,000 05-118-21-33-0089 7609 Bass Lake Road Bank of Am. Trustee Taxp: Ronald/Sharie Huebner Land: 22,600 Bldg: 45,000 e e 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. 05-118-21-33-0096 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. Beatrice Dolan Timothy/Lois White Kenneth Kunze Jerome/Karla McBrady Roy Edison M. & B. Drenth Lowell Buss Arlene .Peterson Dana Dempsey J. LaLiberte Betty Dejno Land: 21,500 Bldg: 49,000 Land: 21,500 Bldg: 59,000 Land: 2L000 Bldg: 335000 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 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. BASS LAKE ROAD HOUSENG DEVELOPMENT OWNER/TAXPAYER Gerald/Elaine Harde Tammy/Rome Kessler Kenneth Descant Ernest Opheim /ames/Pamela Schilling 15195 Edgewater Circle Prior Lake 55372 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 05-118-21-33-0085 5520 Sumter Ave. N. Patrick Olek Land: 20,500 Bldg: 45,000 05-118-21-33-0029 5530 Sumter Ave. 05-118-21-33-.0024 5538 Sumter Ave. 05-118-21-33-0025 5546 Sumter Ave. Ne Douglas Hodgeman John Dore Luverne Peterson 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 Originating Department Approved for Agenda Agenda Section City Manager 6-12-95 EDA Item No. Dan Donahue By: By: 7 CONSIDERATION OF A MARKET STUDY PROPOSAL BY NORTHWEST ASSOCIATED CONSULTANTS, INC. FOR $9,500 City staff has requested from Northwest a proposal to conduct a market study for- the old Super Valu site on 45th and Winnetka. The study would provide direction to the EDA on how it should proceed in helping to attract viable business to this site. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ 4401 Xylon Avenue North New Hope. ,~,qnne$ota 55425-4895 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TOD: 612-531.5109 City Hall Fax: 612.F. 3~-5~26 Pohce Fax: 612-531-5 ~ ?-' Public Works Fax: 512-533-?~E0 Fire Dep't. Fax: 612-531.5;75 June 19, 1995 Ms. Lawana Varajon, Operations Manager Building Management, Inc. 5353 Wayzata Boulevard, Ste. 210 Minneapolis, MN 55416 Subject: Market Study Proposal for Winnetka Center/Vacant Super Valu Site Dear Ms. Varajon: As you are aware, the New Hope City Council and staff are extremely interested in maintaining the Winnetka Shopping Center as a viable, active retail center in the City. With the recent departure of the Super Valu Supermarket, the Winnetka Center is left with a significant vacancy. This vacancy prompted the City Council, in part, to undertake the current "Shop New Hope" promotion, which has been very successful to date. The City has committed approximately $35,000 for this campaign to make New Hope )residents aware of retail shopping opportunities in the City and to assist our retail business centers in maintaining their economic vitality. In light of the City Council's concern for the retail environment, and particularly their concern for the vacant space at the Super Valu site, the City has requested a market study proposal and cost estimate from the City's Planning Consulta.nt. The enclosed proposal from Northwest Associated Consultants, was considered by the New Hope Economic Development Authority at their June 12th meeting. The study would focus on how the City, in conjunction with your fn'm, could promote the reuse of this large retail space. The market study would also provide an objective analysis of area retail market conditions which could serve as the basis for formulating economic development strategies for the promotion and improvement of the entire Winnetka Shopping-Center...The City desires to be pro-active in assisting you in finding a suitable tenant to make use of this space, as well as developing long-term strategies to maintain/improve the market conditions at Winnetka Center. . - The Economic Development Authority is willing to split the cost of the enclosed market study proposal with the owners/managers of Winnetlm Center on a 50/50 basis so that we may act in a partnership to address the concern outlined in this letter and the attached report. Please review the enclosed proposal and contact me (531,5112) or my assistant, Kirk McDonald (531-5119), so that we can schedule a meeting in the near future to discuss this market analysis for Winnetka Center. Si erel~y, City Manager Enclosure: Market Analysis Proposal for Winnetka Center cc: City Council Family Styled City For Family Living URBAN P L A N N I NG . DESIGN 612 595 Consult ant s, Inc · M&R K E T R ES E-A RC H Mt. ])at Donahue City Manager City Administrative Offices 4401 Xylon Avenue No. New Hope, ~ 55428 RE: New Hope Market Analysis FTt.P. NO: 802 '"'>ear 5fr. Donahue: ..-. :._~e.: will serve to document our proposal to assist the City of New Hope with the ..~ ..... on of a Market Study for the City Center area with a specific focus on the Winne2ka ,,~oppmg Center. With the recent departure of the Super Value Supermnrket, the Winnetka c_'enter ~s left with a significant vacancy. Debate has occurred as to how the City should promote the reuse of this large retail space. Should another grocery store be pursued, or should other types of retail businesses be explored? The Market Study is intended to provide an objective analysis of area rctail marlmt conditions which wil! serve as the bash for formulating economic' development strategies for the promotion and improvement of the Winnotlflt Shopping Center, NAC has served New Hope in the preparation of community market studies in 198~ and 1989. These past market studies have proved to be accurate and insightful in assisting New Hope in identifying available retail market opportunities. In accolxiance with the findings of tl~ 198.5 market study, the New Hope Mall was purchased and redeveloped using a large recreational/entertainment use and sit down restaurant as major anchors. While the New Hope City Center contains a vacancy, the overall shopping center disphys a new vitality. ~-~e ! 959 market study identified a market demand for automotive supply and service retailers and _. ~c~._g specialty type retailers. Consistent with these findings, an automotive tire business ~ ~ . ~ ra~ior anchor tenant for the Winnetka Commons Shopping Center. A freestanding ' ~.-T!~-~'~ ret:*~er is now located at the corner of 42nd and Nevada. Wayzata Blvd.-Suite 555 .,St, Louis Park, MN 55416.(612) 595-9636.Fax. 595-9837 :~.k. Dan Donahue Page Two These past studies will be of substantial help in tracing market trends and conditions. The ava.ilability of the. sc reports provides format and historical data that wffi be used to reduce project zosts ~d b reflected in our budget estimate. To the extent possible, we will utilize ~ studies, !:9w¢'ver, all background information must be ulxlat~ to re, fleet the current demographic and r-arker conditions existing in New Hope and its extended trade area. :~,...I,_.~..~ Study will provide a relatively objective evaluation of the community. The basi~ for · ,~..I,l<:(ms wi_l[ inch~de statistical calculations based on population, income, shopping and ,.:~:c;::,~ habits, and allocation of d~elol~ space. The Market Study will also involve interviaws ,~i~ ~i~e p~operty managers of New Hope's shopping centers to provide input from thc affected commercial properties. Through this process, policy and philosophic bias is as a consequence The following outlines our study approach and allocation of costs: I. Delineate and Deaer/be Ar~ of Influence Assemble and update background data Inventory local and competitive retail locations Describe historic growth trends ]Estimate current levels of study area demand Estimate local and trade area s~g trends Determine transportation patterns and tra.ff'm volumes D~_~cnbe historic retail sales trends Estimated Cost ............................................................... $3,$00.00 ii. Interview Shopping Center Property Managers for New Hope's Six Major Shoppht~ C~nters Estimated Cost ............................................................... $1,200.00 53~-~-1995 i~:53 NAC 61~ 595 Mr. Dan Donahuc Page Three Evaluation of Winnetka Center Identify the strengths and weakn~ses of the Winnetka Center as a re, tall location. Market Analysis and Findin~ Deaerib, historic market treada and changing eoaditions Eatimst¢ curreat maxk~t d~manda Proje~ future mark~ demands Summarize fiuding~ md rem. options for tl~ City Estimated Cost ............................................................... $3,000.00 .~. ct m i. uistration/Coordination/Production .qtanap meeting with staff to outline study objective~ Interview review meeting Report production, graphics, copying, assembly (10 copies of final report) S~r~tat~ Estimted Cost ................................ , .............................. $1,200.00 TOTAL PROJ'ECT COST ................................................. $9,500.00 Public presentation would be conducted under the preaent contract for public meetings, and therefore due to the uncertainty as to the number, would be an extra cost. technical aspect and assembly of the project report would be completed within a maximum ~'; ;~.;, ~ from tile date the City notifies NAC of authorization to proceed. P.05/11 Alan R. Brixius, Vice President of NAC would supervise the project, plus be responsible for direct client contact and pmscntations. Daniel Wilson, an As,social, will participate in the project providing technical ~'1'fi$~ iii th~ ~ Sttldy. NAC wotlld also utili~ members of its support staff in data assembly and inventory work. R~sumes of the NAC staff are attached for your r~view. Hopefully this letter responds to your re, clUe. at for a Markr, t Study. Should them be any need for '!:-trification? do not he.~tate to comact me. Additionally, I am avsilsble for a personal diicus$ion City Council, should this be desired. v~-m for your consideration on this matter. Wc look forward to working with you, the Ci~ '-and Planning Commission on this projcct. Sincerely, N~ORTHWEST ASSOCIATED CONSULTANTS, INC. .~lan R. Brixius Vice President COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent Kirk McDonald /~) 6-2 6-95 Item No. By: Management Assistant By:}t/ 6. ~ RESOLUTION ACCEPTING EASEMENT AT 4921 BOONE AVENUE NORTH FOR ATHLETIC FIELD EXPANSION (IMPROVEMENT PROJECT NO. 530) At this Council meeting, the Council will be considering awarding bids for improvements to the 49th Avenue baseball field (Improvement Project No. 530). In order to complete this project, the City requires an easement across a portion of the property at 4921 Boone Avenue North due to the fact that the distance between homeplate and the backstop is being increased. The owners of that property, Boone Partnership, have agreed to provide the City with such an easement at no cost, but requires that the City indemnify and hold them harmless for the use of the easement tract. The City attorney has prepared the appropriate easement for the land~ which also contains the appropriate indemnification language. The enclosed resolution accepts the easement and the City's obligations under the easement. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ ---739 98' 38' 42' 29" W 25.00 NEW HOPE ~]~[.~[[~v.~J[~491'H AVENUE 1; Iz~r° £°ab / 0 50 1 O0 Scale in feet PIN - 7-118-21-24-0005 4921 BOONE AVENUE N I I A Perpetual Fosement for Drainage, Utility and Recreational Use Associated with Athletic Field purposes EASEMENT SKETCH NEW HOPE, MINNESOTA 49th AVENUE N. BASEBALL FIELD GRADING IMPROVEMENTS, CITY PROJECT No. 530 K:\ 34\ 34172\ 54172£AS.DWG MAY 1995 34172 FIGURE 1 4~ Boneetroo ~ Roeene Anderlik & Aeeoctalee g c- © © COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent Kirk McDonald 6-26-95 Item No. By: Management Assistant By: MOTION APPROVING QUOTE SUBMITTED BY AGASSIZ ENVIRONMENTAL SYSTEMS IN THE AMOUNT OF $1,578 TO ABANDON AND SEAL WELLS AT CITY- OWNED PROPERTY AT 42ND AND NEVADA AVENUES (IMPROVEMENT PROJECT NO. 462) The City has just been notified that the MPCA Tanks and Spills Section has determined that the investigation/clean-up at 42nd and Nevada Avenues has adequately addressed the petroleum tank release and no additional investigation or clean-up work is necessary. The next step is to abandon the nine (9) monitoring wells on the property, seal the wells with cemem and pull the posts surrounding the wells. Northern Environmental, the City's consultant, has solicited quotes for this work, as listed below: Company Quote Agassiz Environmental Systems $1,578 Boart Longyear, Inc. $1,600 Bergeson Caswell $2,675 Northern Environmental and staff recommend awarding the work to the low bidder, Agassiz Environmental Systems in the amount of $1,578. Staff recommends approval of a motion awarding the work to the Iow bidder. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ Minnesota Pollution Control Agency June 21, 1995 Mr. Kirk McDonald City of New Hope 4401 Xylon Avenue New Hope, Minnesota 55428 Petroleum Tank Release Site File Closure Site: Former Gas Station, 42nd & Nevada, New Hope Site ID/t: LEAK00002387 Dear Mr. McDonald: We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Tanks and Spills Section (T&S) staff has determined that your investigation and/or cleanup has adequately addressed the petroleum tank release at the site listed above. Based on the information provided, the T&S staffhas closed the release site file. Closure of the file means that the T&S staff does r~ot require any additional investigation and/or clean-up work at this time or in the foreseeable future. Please be aware that file closure does not necessarily mean that all petroleum contamination has been removed from this site. However, the T&S staff has concluded that any remaining contamination, if present, does not appear to pose a threat to public health or the environment. Ttie MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work if new inlbrmation or changing regulatory requirements make additional work necessary. If you or other parties discover additional contamination (either petroleum or non- petroleum) that was not previously reported to the MPCA, Minnesota law requires that the MPCA be immediately notified. You should understand that this letter does not release any party from liability for the petroleum contamination under Minn. Stat. ch. 115C (1992) or any other applicable state or federal law. In addition, this letter does not'release any party from liability for non-petroleum contamination, if present, under Minn. Stat. ch. 115B (1992), the Minnesota Superfund Law. The monitoring wells for this site should be abandoned in accordance with the Minnesota Department of Health (MDH) Well Code, Chapter 4725. If you choose to keep the monitoring wells, the MDH will continue to assess a maintenance fee for each well. 520 Lafayette Rd.; St. Paul, MN 55155-4194; (612) 296-6300; Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester Eclual OI31:~mnity Eml~oy®r · Pnnt~:t on Recycled P~oer Mr. Kirk McDonald Page 2 June 21, 1995 Because you performed the requested work, the state may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund which may provide partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the Department of Commerce Petrofund Board. Specific eligibility rules are available from the Petrofund Board at 612/297-1119 or 612/297-4203. If future development of this property or the surrounding area is planned, it should be assumed that petroleum contamination may still be present. If petroleum contamination is encountered during 'future development work, the MPCA staff should be notified immediately. For specific information regarding petroleum contamination that may remain at this leaksite, please call the T&S File Request Program at 612/297-8499. The "Leak/Spill and UndergroUnd Storage Tank File Request Form" (T&S Fact Sheet #36) must be completed prior to arranging a time for file review. Thank you for your response to this petroleum tank release and for your cooperatio'n with the MPCA to protect public health and the environment. If you have any questions regarding this letter, please call me at 612/297-8580 or the site hydrogeologist Jim Seaberg at 612/29%8585. Sincerely, Chris McLaln Project Manager Cleanup Unit III Tanks and Spills Section CLM:tf cc: Douglas Bergstrom, Northern Environmental, New Brighton Greg Lie, Hermepin County Solid Waste Officer Minnesota Department of Commerce, Petrofund Staff Valorie Leone, City Clerk, New Hope  ~J~JUI¥~JIL REQUF~T FOR ACTION originating Department Approved for Agenda ~~htpn City Manager & Planning Kirk McDonald 6-26-95 Item No. By: Management Assistant By: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 1995 BACKYARD DRAINAGE IMPROVEMENT PROJECTS AND ORDERING ADVERTISEMENT FOR BIDS (IMPROVEMENT PROJECT NO. 528) The enclosed resolution approves plans and specifications for the 1995 backyard drainage improvement projects and authorizes advertisement for bids. At the April 10th Council meeting, the Council directed the City Engineer to prepare plans and specifications for five (5) backyard drainage improvements in conjunction/cooperation with the effected property owners. The locations and nature of the improvements are listed below: 1. 5960 Hillsboro Avenue - overland drainage 2. 4808 Decatur Avenue - storm sewer construction 3. 8139 47th Avenue - overland drainage or storm sewer construction 4. 4709 Utah Avenue - storm sewer construction 5. 4649 Rhode Island Avenue - storm sewer construction Staff is recommending that two additional drainage improvements be added/considered that have been brought to our attention subsequent to the April 10th Council meeting, as follows: 6. 8040 60th Avenue - lower existing catch basin in backyard (discussed at Board of Review meeting) 7. 4964 Xylon Avenue - add catch basin structure in backyard (see attached letter) The estimated project cost for all seven improvements is $61,500 and the projects would be funded out of the storm water utility fund. If the Council approves the plans and specifications and authorizes bidding, staff will proceed to obtain the necessary easements from property owners and bids would be presented to the Council on July 24th. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ Bonestroo Rosene Anderlik & Associates Engineers & Architects June 2 l, 1995 Mr. K/rk McDonald City of New Hope 4A01 Xyion Ave. N. New Hope, MN $$428 1995 Backyard Drainage & Utility Improvements Project No, 527 Our File No. 34171 The City Council authorized plans and specifications be prepared for the above refcrenccd project. We ate requesting that the City Council approve these plans at their June 26, 1995 Council meeting for bidding. Bids will be received Friday, July 21, 1995, at 11:30 a.m., C.D.S.T.. Contract award will be considered at the July 24, 199:5 Council meeting. We have reviewed the work with each pmpen~ owner. If the City Council approves the plK~ for biddi~ on Jura 26, 1995, w~ will secure rights-of-entry from each property owner to do the work by July 24, 1995. Listed below is a description of each project and its estimated constm~on cost. The project will be financed through the storm water utility fund. l) 8139 - 47th Avet~u,.: A 12" storm sewer (190 I,F) will be constructed along the east and south property line of 8139 - 47th Avenue. Two catch basins will be eonstnu:ted. Estimated cost = $15,000, 2) _4709 Utah Av9nu. e: A 12" storm sewer (225 LF) will be constructed along the sou~.~ propeny line of 4709 Utah Avenue, Two catch basins will be constructed. Esnm_....' ~,- -: :..- S14,000, 3) 4) 4649 Rhode bland: A 12" storm sewer (120 I.aw} will be ~cted near thc south property tine of,1649 Rhode Island replacing an existing drainfile which was constructed privately and is in disrepair. One catch basin will be constructed. F.~imated cost a $10,000. 4808 Decatur Aven-~: A 12" storm sewer (120 LF) will be constructed on the south property line of 4808 Decatur Avenue. One catch basin will be constructed. Estimated cost = $8,(XX). 2335 West Hlgl~way 36 · St. Paul, MN S5113 · 612-63&-4&00 Mr. lCirk McDonald, City of New Hope Page 2 June 21, 1995 Backyard Drainage lmgrovements $) 4964 Xvlon Avenue: A catch basin manhole will be constructed over the existing 30" s:orm ~ewer near the south line of 4964 Xylon Avenue. Estimated cost = $3,500. 6) 5960 Hillsboro &venue: The overland drainage swale along the south line of 6925 and 603 Hillsboro Avenue will be properly graded to the ol~ ditch in T.H. 169. F. stimated cost 7) 80t, O - 60th Avenue: The two existing catch baaira will be lower~ and the caatin~s will be replaced. Eatimated eo~ - $3,000. The total estimated construction cost is $61~00. If you have any questions, Please contact this office. Since. rely, BONI~TROO, ROSENE, ANI:)ERI.tK & A,.qSOCIATE~, INC. MAH:Ik cc: ~eannine Clancy, Public Works Director UTlUTY SYMBOLS L CITY OF NEW HOPE 1995 DRAINGAGE IMPROVEMENT PROJECT BACKYARD DRAINAGE UTILITY IMPROVEMENTS CITY PI:I(3UEOT No. 527 EDWARD J. EI:IC:KS(~ .......... MAYOR W. I"ETEFI ENCK ......... C~ GI~L41.D H O~ ....... CC~ PAT LIVlNE NOFIBY ....... ~ 8TE'VE ~ ........... A'I'rOFFt'Y 4 i.d:tl~l I).,.~n.~ I,~.~4ment - 4 ~th *,n,/l~od. id.-d J.4 BID OPENING 4808 DECATUR AVENUE 4709 UTAH AVENUE Ii!0 J I 0 4649 RHODE IS~ND A~NUE I 8139 47th AVENUE r NEW HOPE, MINNESOTA 1995 DRAJN,N~£ IidPROV~:M£NT PRQ,JECT As~lr.JJJc & ~ $TAI~ HIGHWAy COUNCIL REQUF~T FOR ACTION Originating Deparhnent Approved for Agenda ~i~ff~./~pn City Manager 8: Planning Kirk McDonald ~f~ 6-26-95 Item No. By: Management Assistant By:. $. 2 / RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENT PROJECT NO. 540 (1995 STREET PROJECT o AREA 1) Bids on the 1995 Street and Storm Sewer Project - Area 1 (Improvement Project No. 540) will be opened on Friday, June 23rd, and will be presented to the Council for consideration at the June 26th Council meeting. The enclosed draft resolution awards the contract for the project. The identity of the low bidder and the contract amount are not included in the resolution, as they will be inserted in the final resolution for the Council meeting. This project (Project No. 540) is similar to Project No. 521, 1995 Street Improvement Program (Area 2) which was awarded on April 24, 1995. Area 1 was initially included in Project No. 521, however during the public hearing process 'portions of Area 1 were excluded (Quebec/ Rhode Island from 60th Avenue to 61st Avenue from Rhode Island to West Broadway, and 60th Avenue from Rhode Island to Quebec). During the plan preparation process, City Council and staff fixrther reviewed the streets in Area 1 and met with residents. The residents expressed concern that either all of the streets in Area 1 should be included or excluded in a street improvement project. Therefore at the April 24, 1995, Council meeting, the City Council awarded Project No. 521 deleting the portion of Area 1 included in the project. The City Council at the same meeting authorized staff to prepare the feasibility report (Project No. 540) for all of Area 1. A public hearing was conducted on May 22nd and a resolution ordering the project, approving plans and specifications and authorizing bids was approved. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ COUN~ REQUF.~T FOR ACTION Originating Department Approved for Agenda Dev~I~ectlon City Manager & Planning Kirk McDonald ~ )5-26-95 Item No. By: Management Assistant By:// ~. 2 RESOLUTION AUTHORIZING THE PURCHASE OF 6067 WEST BROADWAY UNDER HUD DIRECT AND PRIVATE SALE PROVISIONS (IMPROVEMENT PROJECT NO. 545) Staff is requesting that the Council consider authorizing staff to negotiate with the Department of Housing & Urban Development for the acquisition of 6067 West Broadway. There is a small bungalow (which was constructed in 1959) and attached garage on the property and the City has received numerous complaints about outside storage (auto repair) on the property from neighbors since 1987. The home is in need of rehabilitation. The property is in the process of being returned to GMAC Mortgage and GMAC will be turning the property over to HUD on July 1 lth. The 1995 market value of the property is $58,000 ($39,500 building/S18,500 land). The property is located in a neighborhood previously designated by the Council for rehabilitation efforts. The homes surrounding this property. are in fairly good condition and this property is a detriment to the neighborhood. HUD has instituted a program providing for the direct and private sale of HUD property to local units of government at or below fair market value and the City has utilized this program in the past for the acquisition and rehabilitation or demolition/new construction projects at 5009 Winnetka Avenue North and at 7109 62nd Avenue. It would be staff's intent to rehabilitate the property and sell it to a first- time homebuyer that met appropriate income guidelines. The City has access to a number of funding sources to purchase, rehabilitate and sell the property, including the following: 1. $60,000 Metro HRA Housing Assistance Loan 2. $11,000 in CO-OP Northwest HOME funds 3. $60,000 proceeds from the sale of the home at 7109 62nd Avenue (MHFA grant) 4. CDBG Scattered Site Housing Funds 5. First Time Homebuyers Program MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ Request for Action 6-_6-9_ Staff have developed a preliminary budget for the project, which is attached. It is difficult to determine the extent of the renovations that will be necessary until the City. has access to make a thorough inspection of the property.. Staff would draft the specifications, seek bids, and oversee the rehabilitation project. The enclosed resolution authorizes the City Manager and staff to take all necessary, steps to acquire the property.. Staff recommends approval of the resolution. oO~' PARK VILLAGE GREEN GOLF COUR~ ST THERESA NURSING AVE: AVENUE x x 875.3 872.8 X NORTH 87t .3 × ~69.5 X ~ 869.3 NORTH Z 875.2 .I ~3 874.3 873. 871 .7 X 871 · 871.2 X 870.4 871 .0 Memorandum DATE: June 22, 1995 TO: Kirk McDonald, Management Assistant/Community Development Coordinator FROM: Sarah Bellefuil, Administrative Analyst RE: Funds Available to Purchase HUD Home at 6067 W. Broadway The City will be able to access a variety of funding sources in order to purchase, rehabilitate, and sell the HUD home located at 6067 W. Broadway. . Met Council Housing and Redevelopment Authority_ Housing Assistance Loan -- Two $60,000 Housing Assistance Loans have been approved by the Met Council for purchase and site improvements to two single family homes. One of these loans can be used for the purchase of 6067 W. Broadway. ~ -- $11,000 in HOME funds has been dedicated to the rehabilitation and sale of one single family home. Of the total, $1,000 will be dedicated toward project soft costs, $5,000 will be used as a second mortgage, and $5,000 will be a grant to the City. Scattered Site Revolving Loan Fund -- In 1993 the City received a $60,000 grant from the Minnesota Housing Finance Agency (MHFA) for the purchase and rehabilitation of a single family home at 7109 62nd Avenue North. The City purchased this property, renovated it and sold it to a New Hope resident and first-time homebuyer. With the sale of the property, the City recouped the MI-WA grant money and established a revolving fund to be used for future rehabilitation activities. There is roughly $60,000 available in this fund. After the renovation is complete, the proposed project will be marketed to New Hope residents that are low/moderate income first-time homebuyers. An estimated budget of the proposed project is attached. h:Lhousing:\6067fund.doc The following estimated amounts are for one single family home - April 25, 1995 Expenditures Anticipated Acquisition $ 55,000.00 Rehabilitation $ 25,000.00 Site prep $ 5,000.00 Closing costUle~al $ 4,000.00 ~Misc. (Utilities, taxes, site upkeep) $ 1,000.00 Lanclscapin~l $ 500.00 Appraisal fees $ 500.00 CRC Development fee (HOME funds) $ 500.00 Marketing/Sales: Thompson (HOME funds) $ 500.00 TOTAL $ 92,000.00 Revenues Proceeds from sale of home $ 65,000.00 HOME funds $ 10,000.00 HOME soft costs (markefin~l and dev. feesI $ 1,000.00 EDA/TIF/CDBG funds $ 16,000.00 TOTAL $ 92,000.00 (1 st mortgage) (5,000 2nd mortgage & $5,000 grant) Homeowner Requimment~ $65,000 first (at 6.86%) and $$,000 eecond (at 0%) Cost per month (principle, int., taxes, insurancel $ 548.00 Annual income required $ 22,650.00 Monthly income rec~uired $ 1,887.50 (Can have $227/per month in debt) *Note: A salary of $25,500 (50% median for a family of 4) will allow a $72,000 - $74,000 mortgage at 6.85% h:~ousing~ngll~cll .xls Page 1 REQUF.~T FOR ACTION Originating Departxnent Approved for Agenda Agenda Section City Manager EDA 6-26-95 Kirk McDonald () Item No. By: Management Assistant By:~./ 4 DISCUSSION REGARDING LETTER OF INTENT SUBMITTED BY EVEANN LIMITED PARTNERSHIP FOR CHAMPION AUTO STORE ON CITY-OWNED PARCEL AT 42ND & NEVADA AVENUES (IMPROVEMENT PROJECT NO. 523) The Ackerberg Group has submitted the attached "Letter of Intent" to purchase the City-owned property at 42nd and Nevada Avenues for use as a Champion Auto Store, with an additional 6,000 square feet of retail space. The terms are a total of $200,000 to be paid as follows: $10,000 to be paid at closing and $190,000 to be financed by the seller at a rate of 10% over a 10-year period. Conditions include, but are not limited to: vacation of the existing utility easement in the center of the property to be moved to the west property line; buyers to grant driveway access to Rockford Road; Environmental Phase I and II at sellers expense; all wells abandon at sellers expense; and site plan approval. The property is zoned B-4, Community Business District, and an auto-related facility would require a conditional use permit. Staff has indicated to Ackerberg Group that the EDA previously rejected an offer on the property from a similar auto-oriented use (Mirme Mufflers, Inc.) in September, 1994. The City executed an agreement with Thorpe Bros./Ackerberg Group in June of 1994, to market the property on behalf of the City with an 8% commission upon the sale of the property. Staff requests that the EDA give staff an indication as'to whether the EDA wants to pursue this offer or not. A site plan showing how the property would be utilized is also enclosed. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ T'f'fE ACKERBE~G GROUP New America Ne~wor~ 3100 West Lake Street, Suite 100 M~neapolis, MN 55416-4510 Tel 612 824 2100 Fax 612.924 6499 June 19, 1995 Mr. Kirk McDonald City of New Hope 4401 Xylon Ave. No. New Hope, MN 55428-4898 Dear Kirk: Please find enclosed the "Letter of Intent" to purchase the property owned by the City of New Hope for use as a Champion Auto Store, with an additional 6,000 square feet of retail space. Champion Auto Store does not want to spend a lot of time on this site in the New Hope area. EDA is opposed to this type of use. Please schedule this for the EDA to review at their regular meeting. Sincerely, Senior Real Estate Consultant (612)924-6432 Enclosure RTP: sic DON-EARL HOLDINGS, LLC 9353 Jefferson Highway Maple Grove, MN 55369 612-391-7526 May 4, 1995 The Ackerberg Group 1422 West Lake St Sui~ #300 Minneapolis, Minnesota 55408 Letter of Intent Feller: 7300 42nd Ave North City of New Hope (~';-~,, Buyer: EVEANI'~ Limited Partnership Purchase Price: $200,000 Terms; Total of $200,000.00 to be paid as follows: Earnest money of $10,000.00 to be deposited into an interest bearing account payable to seller or sellers agent, to be applied in/ull at time of dosing. One hundred ninety thousand dollars ($190,000.00) to be financed by seller at a rate of 10% fully emoztized, prindpal and interest, for a period of 120 months with the first payment due 30 days after dosing. Buyers may, at their option, prepay with no penalty. Closing: Following completion of conlingencies and due diligence. Initial dosing date of August 1, 1995 targeted. Closing date subject to change. Conditions to closing: Review and acceptance by buyer off 1. This letter of intent is valid for 30 days from above date. 2. Survey 3. Title review 4. Existing utility easement is to be vacated and moved to the west property line at the sellers expe!tse_ _ . 5. Buyers will be granted driveway access to Rockford road. 6. Environmental Phase I and H at sellers expense. (seller warrants that the property is free from hazardous substances) 7. All wells on the property will be properly abandon at sellers expense. 8. Zoning:. City permits, Site Plan & Use Approval granted to buyer for intended use. 9. Purchase,A_greement: A formal definitive purchase agreement to be drafted by bu .yet, at buyers expense, by Seigel, Brill, Greupner & Du/fy, P.A. The offer as proposed and agreed to in this Letter of Intent is subject to the definitions, terms, and provisions of the formal purchase agreement. EVEANN Limited partnership is a Minnesota Limited Parmership whose general partner is Don-Earl Holdings, LLC, a Minnesota Limited Liability Company whose principals are Gary Bebeau and Dene Billbe. They are also the owners oi Champion Auto Stores, Inc. Reply to: Dene Billbe or Gary Bebeau EVEANN Limited Partnership 9353 Jefferson Highway Maple Grove, ~ 55369 612-391-7494 Sincerely, EVEAN~ Limited Partnership By: Don-Earl Holdings, LLC General Partner Dene t~. Billbe Co-Chief Manager Accepted by: City of Hew Hope Date. 42ND AVE NORTH (CO. ROAD NO. 9) D)N. EARL COh~'TRUC'rlON J SITE PLAN Earl ene June 30. 1995 Mr. Ray Pratt The Ackerberg Group 3100 West Lake Street, Suite 100 Minneapolis, MN 554164510 Subject: Letter of Intent Submitted by EVEANN Limited Partnership for Champion Auto Store on City-Owned Property at 42nd and Nevada Avenues Dear Mr. Pratt: The New Hope Economic Development Authority considered the Letter of Intent submitted by EVEANN Limited Partnership for Champion Auto for the City-owned property at 42nd and Nevada Avenues at their June 26th meeting. The EDA determined that they want to maintain their policy of having the property developed for a non-auto oriented use. Please pass this information on to EVEANN Limited Partnership, and thank them for their interest in the property. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator KM/prs cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Valerie Leone, City Clerk Improvement Project File//523 Family Styled City ~% For Family Living EDA ~'~~) REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA  26-95 Kirk McDonald Item No. By: Management Assistant By: s DISCUSSION REGARDING PURCHASE AGREEMENT SUBMITTED BY GILL BROTHERS FUNERAL CHAPELS, INC. FOR CITY-OWNED PARCEL AT 42ND AND NEVADA AVENUES (IMPROVEMENT PROJECT NO. 523) Gill Brothers Funeral Chapels, Inc. has submitted the attached proposal/purchase agreement to purchase the City-owned property at 42nd and Nevada Avenues. Gill Brothers is proposing construction of an approximately 6,500 square foot (main floor) funeral home, which would be a two-story colonial style building. The building would incorporate a drop-off canopy and a circular drive and the site would contain extensive landscaping. Gill Brothers Funeral Chapel is a family-owned business that is in the 106th year of operation. Staff met with Gill Brothers representatives this past week and they will be present at the EDA meeting to make a presentation and answer questions. The terms of the purchase agreement are a total of $200,000 for the property, with a condition that consideration be given to the City assisting the project with a low interest loan. A $1,000 deposit has been made with the City. The property is zoned B4, Community Business District, and a mortuary/funeral home is a permitted use. The City executed an agreement with Thorpe Bros./Ackerberg Group in June of 1994, to market the property on behalf of the City with an 8 % commission upon the sale of the property. Staff requests that the EDA give staff an indication as to whether the EDA wants to pursue this offer or not. A site plan showing how the property would be utilized is also enclosed. MOTION BY SECOND BY TO: Review: Adrninlstration: Finance: RFA-O01 l~ June 21, 1995 FUNERAL CHAPELS, INC. Mr. Kirk McDonald c/o The City of New Hope 4401Xylon Avenue North New Hope, Minnesota 55428 PROPOSAL For THE CITY OF NEW HOPE New Hope, Minnesota Gill Brothers Funeral Chapels, Inc., would like to purchase vacant property from the City of New Hope. The property is located at the Northw of Rockford Road and Nevada Avenue North, New Hope. est corner On the proposed site, Gill Brothers Funeral Chapels is planning ~onstruction of an approximately.6,500 square foot (.main floor) funeral nome. The planned funeral home is a two story colonial style building. The potential building would incorporate a drop-off canopy and a circular drive. The proposed propert~ would be beautifully landsca ed a have more than ade uate arkln wit ' .__ p nd would accessibility, q P g h handicap parking as well as We have surveyed the local governments and have found them to be very receptive to having Gill Brothers Funeral Chapels serve their communities. Crystal, Golden Valley and Plymouth presently do not have a mortuary to serve them. New Hope has a small chain owned mortuary. Ail the clergy we have interviewed are very anxious to have us serve their churches. They prefer a mortuary of long standing service in this area that they can depend on, not one that is doing to move or sell out to a national chain. We at Gill Brothers Funeral Chapels, a-family owned business, in our 106th year of serving Minneapolis and suburbs, would be honored and grateful to the City of New Hope to help us with the purchase of the property so we can continue to service the Twin Cities. With tax increment financing and redevelopment, funding this project will be a success. Respectfully submitted, GILL/~ROTHERS FUNERAL CHAPELS, INC. President EXECUTIVE OFFICE SOUTHWEST CHAPEL 5801 LYNDALE AVENUE SOUTH, MINNEAPOLIS, MN 55419 (612) 861 e6088 BLOOMINGTON ,, RICHFIELD CHAPEL 9947 LYNDALE AVENUE SOUTH, MINNEAPOLIS, MN 55420 (612) 888 · 7771 MILLER CONST ~ CITY OF NEW HOPE STANDARD FORM COMMERCIAL PURCHASE AGREEM~gNT TK~ AGRBEMI/NT, mad~ u of thh ~/ day ~ ,~"""- ~ l~.~_4"-bx and betvasea described on Exhibit 'A' ~ hareto and unde part here6f Otds sale eomprise~ land only ~- ¥~ ______ No); and ~, cemin buildings and improv~nents (which ~ogelhar are hctv. ina~r rdm~d to as the 'Build~') ~ ~ oa uLcl r~ ~ (the Bail&nS and r~l ~ ~ hendnnfle, r nderml to as the "ProperS'). l~OW, ~ORE, ia ~ms/dm'a{/~ of the mutual ~ts and conditions expressed, te~ dallars ($I0.00) ~d otb= ~ood and valuable considet=agon, th~ adequa~ and reonipt of which is heseby aclmow~, Buyer and Seller %-,ee as follows: 1. 1.4I~. Buyer ag~ee~ to pure, base th~ Prope~ ~ Seller, and Seller ab, r~s to sell. the Property to Buyer on t~ terms ~d subject to the conditions hezeinaf~ set forth. Z. I:'Ct.,"RCHA~' P . Buy~ agrees to pay th, amount .of ~.~ / D ~. / ,~ Dolb:s (~ ) fur tl~ Proper17 ("Pumlm~ ~") in tl~ broker immediately upon executi~on_~is Purchs~ Agree. meat by all parlim. Cl_r~__'ng, as hemlnaf~ de/ined. c. The balance of flnanciM as follows: Buyer agrees to use ils best efforts'}o secure a comm}__tm~ for such finan~g tim'ns s~fl.sfac',m'y sol~ly to it and to ~ut~ ali doou~cnU r~.~onably requix~ to consummate said finandng. In th~ eveat Buyer cannot se~t~ a oommitm~t for snch financing within ~ days of acceptance of this Agreement and in the event Buye~ Pal~ I. AVe. GILL BROTUE GILL BROIM(R5 PUHI~RAL HOhtE June 30, 1995 Mr. Daniel McGraw, President Gill Brothers Funeral Chapels, Inc. 5801 Lyndale Avenue South Minneapolis, MN 55419 Mr. Gary Verkinnes, Vice President Miller Funeral Home Design & Construction 335 West St. Germain P. O. Box 1228 St. Cloud, MN 56302 Subject: Purchase Agreement Submitted for City-Owned Property at 42nd/Nevada Avenues in New Hope Gentlemen: As you are aware, the New Hope Economic Development Authority considered the purchase agreement submitted by Gill Brothers Funeral Chapels, Inc. for the City-owned property at 42nd and Nevada Avenues at their June 26th meeting. The EDA indicated that they were interested in your proposal and directed staff to continue to work with you. Specifically, the EDA would like to see more detailed plans and would like you to address the curb-cut issues on 42nd Avenue with Hennepin County. The EDA also wants to better define the type of financial assistance you desire. The amount, rate and terms of a low or no interest loan need to be determined. I would request that you contact me (531-5119) so that I can coordinate a meeting between yourselves and the New Hope City Attorney and the Director of Finance so we can clarify some of these issues. If possible, I would hope to have these issues better defined so that the EDA could formally consider your request on July 24th. The City is looking forward to working with you and I will coordinate a meeting when you make me aware of possible dates/times that you can meet. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator CC: Dan Donahue, City Manager Valerie Leone, City Clerk Steve Sondrall, City Attorney Ray Pratt, Ackerberg Group Larry Watts, Director of Finance Improvement Project File #523 Doug Sandstad, Building Official I:amil¥ Styled ¢it~ ~.,,ii.,,., [.,i.;V.' t~0r I:amill~ I.i¥ing i REQUF~T FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA -26-95 Kirk McDonald Item No. By: Management Assistant By:. 6 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR LANDSCAPING AT 7901/7909 51ST AVENUE NORTH (IMPROVEMENT PROJECT NO. 505) The enclosed resolution approves the plans and specifications for landscaping at 7901/7909 51 st Avenue North (formerly 5009 Winnetka Avenue North). The property was purchased from HUD in February, 1994, for scattered site housing purposes. The original structure located on the property was torn down. and a handicap accessible twin home is currently being built on the site. The City Forester developed the enclosed landscaping plan. The plan incorporates both new and existing landscaping. At this time staff would like to obtain bids to landscape the property. Since this project was initiated, it has been the City's intent to provide landscaping at the site once construction is complete. The enclosed resolution approves the plans and specifications for landscaping at 7901/7909 51st Avenue North and staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ r ,I, $ TREES: 7 SHRUBS: 13 12 Common Name; 18 Black Hills Spruce LANDSCAPE SCHEDULE 7901 & 7909 51 ST (Botamcal); "BHS" 0~icea glauca densam) Red Splendor Crab "RSC" (Malus "Red Splendor") Quaking Aspen "QA" (Populus tremuloides) Red Oak "RO" (Quercus rubra) Greenspire Linden "GL" (Tilia cordata' "Greenspire") 53 Scandia Juniper (Juniperus sabina "Scandia") Dwarf Korean Lilac "DKL" (Syringa palibiniana) Goldflame Spirea (Spirea Japonica Goldflame) Alpine Currant "AC" (Kibes alpinum) Charles Joly Lilac "CJL' (Syringa vulgaris C Joly) American Cranberry Bush "ACB" (Viburnum trilobum) Tauton yew -Ty# (Taxus x media "Tauntoni") Size; 6'b&b 2"b&b 2"b&b 2 1/2" b&b 2"b&b 24'-5 gal. 24" - 5 gal. 18" - 2 gal. 24" - 5 gal. 36" -b&b 36" -b&b 24" -b&b PLANT INSTALLATION Specific and General Requirements SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections of MnDOT 2571 shall apply. DESCRIPTION: This work shall consist of furnishing and planting trees, shrubs and perennials of the species, variety, grade and size or age, complete in place at the locations designated in the Plans or as directed by the Landscape Architect. The specifications include the protection, maintenance and satisfactory plant establishment and clean up of the site upon completion. W()rk shall be accomplished by firms specializing in type of work being done. All planting shall be donc by a qualified contractor. Work slmll be performed by cxpcricnccd personnel familiar with planting procedures and undcr the supervision of a qualified planting supervisor. Guarantee and replacement of unsatisfactory plant materials. Plant maintenance and treatment of landscape materials. MATERIALS: Nursery Plant Stock: Mn/DOT 3861 shall apply. Planting Soil Mixture: For planting holes, thc planting soil shall be a prepared mixture composed of in place soil and Grade 2 compost blended at a mix ratio (by loose volume) of 3 parts soil to 1 part compost. For planting beds, 3 inches of compost shall be placed and thoroughly mixed with the in place soils to obtain a uniform planting soil mixture for at least a 12 inch depth. Mulch: Mulch shall be shredded hardwood bark, processed, Mn/DOT Type 6. Edging Material: 1/8" x 4" deep steel edging. Color - Green as manufactured by Ryerson or equal. Tree Wrapping: Shall consist of a two-ply asphalt cemented crepe paper and shall be specifically designed and manufactured for horticultural use and have insect resistant qualities. ews MAY 1995 AMERICAN PLANNING ASSOCIATION Buildings come and go, often disappearing within a generation or two after they are built. Sometimes they no longer serve their original commercial purpose or become obsolete for modern industrial purposes. Old factories become artists' lofts. And some poorly constructed residential units simply deteriorate. Cemeteries, on the other hand, are expected to house the dead for eternity. It offends many of our cultural sensibilities when eternity proves to be shorter than we had expected. But cemeteries, especially in urban areas, tend to get in the way of things. Suburban subdivisions sometimes spring up around them. They end up in the path of planned highways. Often located on high ground in order to avoid drainage problems, they sometimes evolve into valuable real estate. In rural areas, firms involved in various forms of resource extraction sometimes encroach on the potential land-use conflicts planners do best--giving such Zoning for Eternity By Jim Schwab of the deceased. Cemeteries, in short, involve a number of :rs and zoning officials can help to resolve by doing what little forethought. question planning officials ask about cemeteries is why ? they matter. Understanding and articulating this point is the first step in developing a public consensus behind zoning measures both to provide adequate space ~br cemeteries in developing areas and preserving historic cemeteries threatened by growth. Cemeteries serve a number of purposes, however, and it is not difficult to delineate these in a well-written ordinance. In the long term, the most obvious purpose is historical. [t is easier to see this purpose in older communities, ~vhere early cemeteries provide a visual record oi' the social structure, spiritual concerns, family histories, and physical circumstances of previous generations. Old tombstones tell us much about people's average age, causes of death, and social relationships and how those changed over time as the community evolved. They often are, in effect, outdoor museums of local history ~vhose loss or destruction diminishes our knowledge o£ the past. They also off:er us a glimpse of ~ the link between historical attitudes ~ toward death and the afterlife and ~ their expression in cemetery · ~ sculpture and art. These historic cemeteries occasionally become tourist attractions precisely because of their historical value. '['hose that also have aesthetic and culmral distinctions, such as thc above- ground burial markers that have made New Orlcans cemereries Gmous, can actually become a lasdng part ora city's cMo image. There, bus tours of historic cemeteries are thriving tourism-related enterpriscs. Many other communities, particularly in the South, have found tl~at CMl War battleground or memorial cemeteries arouse considerable interest among visitors. Certainly, the burial grounds at Gettysburg are an integral part of every visitor's experience. In most communities, however, historic cemeteries are few and small and primarily of local interest. Even so, they provide a valuable form of open space that usually involves little public effort or expenditure. This open-space function is shared by newer, more modern cemeteries. Providing for such land uses during a community's growth phase is a way of ensuring that the community will not later have to race against time to find adequate space in a densely built environment. Sacramento Counw, Califbrnia, uses similarly broad language, describing a cemetery as a ~'place (or tl~c interment of human remains," then citing nonlim ting examples of specific Lvpes of buriaI sites included in the definition. On the other hand, a community simply addressing irs definition to prospec- tive cemeteries ma)' favor something more prescriptive, such as parcel size and shape. Size, Shape, and Place Prescribing what a future cemetery should be is clearly far easier than defining what constitutes a burial ground whose existence may not yet be established. Bv modern standards, historic cemeteries often end up in highly idiosyncratic locations, but a well-considered zoning ordinance can provide for well-situated cemeteries fbr the community's future use. Cemeteries are commonly defined as conditional uses with specific locational and spatial requirements. For instance, the Macon-Bibb CounD-, Georgia, ordinance seeks to avoid traffic congestion and conflict For instance, as a state with a great deal of early colonial and indigenous history, Kentucky defines a cemete ,ry as: any one, or combination of more than one. of the following in a place used tbr or ro be used tbr human burials. The term 'cemetery" shall not include an individual urn or other container fi)r human ashes ~vhich have been lawfully cremated. The fact that any tract of land has been set apart for burial purposes, or that a part or all of the grounds have been used for burial purposes shall be evidence that such grounds have been set aside for burial purposes. The fact that graves are not visible on an?,' part of the grounds shall not be construed as evidence that such grounds were not set aside and used for burial purposes. Such locations include but are not limited to: a. A burial park, for earth interment: b. A mausoleum for entombment: c. A columbarium, for inurnmenr: d. A burial ground consisting of one (1) or more marked or unmarked graves; or e. A burial mound or other burial facilitv. with other land uses by stating, "The site proposed for a cemete ,ry shall not interfere with the development of a system of collector or larger streets in the vicinity, of such site. In addition, such site shall have direct access to a thoroughfare." McHenrv County, Illinois, uses almost identical language. Parcel size and setbacks are also frequent concerns in cemete ,ry zoning provisions. Macon-Bibb Coun ,ty requires at least 20 acres for any new cemete ,ry: St. Mary's County, Maryland, requires I0 acres "unless associated with a church or limited to use by a family." St. Mary's County also requires a buffer of 75 feet between any burial plot and all tot lines, while adding that a crematorium must be at least 200 feet from any residential lot line. McHenry County prescribes an 80-l-hot setback for any burial buildings from any street bounding a cemetery, and defines these as "any building used for the interment of bodies or other remains of persons and includes mausoleums, vaults, or columbariums." Macon-Bibb County, on the other hand, demands only a 25-foot setback t'br graves or burial plots from property lines or minor streets, and only 50 macocr [ar~uly ot'communhy appearance, a~.dJab]c ,pace, and od~cr ~a!uc~. Bu~ d~cv arc c~,cmial ~uidclh~c~ d~a~ ,hould bc ~clI conqdcrcd. Dcpcndmp ~,n a c,m~mun~', ac<bede ~,duc,. an ordinance may ,dxo impo,c height, den,in', and ,crb,<k re<rio:ions on grave markurx r{~lng ab~c ?mhd Ic~d. i'hc,c conccrn~ arc pardcu- ~atcr tabJc~ ~orcc al{ ?'a~c~ ~o bc b~atcd Ax~c Bround. Thc zoning ordinance derail, ,podS, ,ccback rcqmrcmcnts fbr any ccmcrcm ~ruc[urc~ ba~cd on dTcir tncigh~. F,~r example, buildings public ~trcct or residential property linc, ~irh one additional flint added in distance for each foot in height above 30 tbct. Lesser ~ctback~ are prescribed fi)r ,hotter structures, down to five fbet ~ronl ~ide or rear var& abutting residential districts tbr buiiding~ or ~tructurcs ranging &om fi~¢ to 14 fbc~ h~gh. There are some clear Iocafional priorities h~ sidng ceme[eries, and zoning ordinances should be clear in establishing them. In the November 26, 1984, issue of 77,e Zo,mX R~po;'a Charles Reed notes that cemeteries '~arc allowed by right in urban-Fringe agricultural zones and in [ow-dcnsM' residential zones." Not surprisingly, given thc drainage Mues invoh'cd, communities shy away ~mm allox~ing them in or near floodplains or low-lying areas. In addition, many ~oning ordinances require approval by the dry For a cemetery'* drainage plan heft)re a permit is granted. Protec- tion of groundwater supplies is a t2ctor in these regulations. Jefferson (:oun[v, Alabama, For example, allows no interments within Iff0 tbet of any wall used For drinking water purposes. Arca~ zoned for hcavv industry or commercial use are generally unacceptable, although many large urban cemeteries do appear in transitional zones. Columbariums and mausoleums arc gcnerally treated much like cemeteries, but Reed no,es that crematoria are generally allowed by right only in industrial zones, being treated largdy as accessories [o funeral homes. An abandoned cemetery can pose thc same problems as any vacant lo~vandalism, eyesores, and ~he attraction of undesirable activities. The issue ~akes on a special dimension with cemeteries, possible i~)r poor supervision of thc trust Ibc ~anlc poM[ioi1, ~[FCtl~Eb0niiBr Ibc logic ~)t' Ibc ~tJtHl{~ ~H' ~1[', a[TOFIlCV'% FCX'iC~k of~uch Sta[u laxks [21av atto appl}' [0 CbC creation of perpetual care New Orleans code simply states: Any ncx~ ~onsrrucrion under t¼ix ~ccnon el:any burial csrablidm~cnt ora perpetual care fired or provi,ion for t'und as regulated under thc applicable laws *~t' cbc htatc of [xmisiana. In other words, it is worth consulting stare ¼nancial regulations concerning such funds when drafting appropriate tanguagc dealing with pcrpctuaI care. Existing historical cemeteries clearly pose a different problem. These cemeteries often rely on community activism, such as concerned ndghborhood groups organizing and raising funds Gr ¢fftbrrs re maintain and restore these sites. Thc local government's role in these effbrrs is generally m'oGId: providing some minimal oversight to ensure adequate care by the group taking responsibility, and, where possible, providMg appropriate financial or technical assistance re the effort. In this regard, city officials can point such community groups re cbc resources rhcv need, such as stare and local historical societies and groups specifically dedicated re graveyard preset'etlon. In addition, local planners can aid such groups with historic landmark designations where those are applicable and useful. In short, many issues typically affected by zoning arc transitory. Small businesses otken have pain}~lly short li[b spans, and neighborhoods change significandy even within a generation. The proper preservation and planning of cemeteries and their allied land uses, however, is an opportunity Gr planners and elected officials re do it right Gr the long term, to leave a well-conceived memorial Gr generations to come--just as earlier generations have bestowed their own visible legacy on us. however. C~emeteries are generally started as either religious or for-profit tSciiities with clearh' d~fined responsibilities [br Jaltlmore Coun~ maintenance, but their sheer longevity eventually clouds the i~u[Limlts Pawnsh~ns / o[ brio [e ' ' ~ ' ' .- rm responsibility. Carefully crafted local zoning ordinances should take account of this problem in defining accountability for landscaping and maintenance, including the issue of financial liability For ongoing care. Especially because of the functions that cemeteries serve, aesthetics should be a prime consideration in these regulations. It max', of course, be difficult to prescribe all of these matters precisely in the zoning ordinance itself. Sr. Mary's Count,,', .\lat,'land, sidesteps this problem of specifics by' simply requiring that %rrangements fi)r perpetual maintenance of the cemetery shall be approved bv the County Attorney," who presumably can then review those plans Gr their adequacy in light of thc pJans Gr the site. ,-k common device for accomplishing this purpose is the perpetual care trust, in which a fixed percentage of the cost ora burial plot is invested in a trust fund, whose interest over rime sustains the fulfillment of responsibilities Gr continued care of the property. XX"ithout some provision of this type, it is inevitable that, at some time in the future, the cemeterv's operators will experience a cash flow crunch, and diminished maintenance will result. It is also Baltimore County, Maryland, has enacted a six-month freeze on the number of pawnbrokers operating in its business districts. The February' action is intended to buy time while the county council considers new rules as a result of citizen concern over the increasing number of such shops, which one critic referred to as "the poor man's robber." That number has grown from just three to either l I or 21, depending on which of t~vo available legal definitions one used. Many are concentrated in the Liberty Road corridor in Towson, wl~ere residents claim the shops have hampered revitalization of the business district and attracted crime. The proposed new ordinance contains a clear statement that community conservation is an expressed goal of the county master plan. The new zoning rules would define a pawnshop as a '~business which loans money on deposits of personal property, other than securities or printed evidences of indebtedness, or deals in the purchase or possession of personal property on condition of selling the same back to the pledgor or depositor." The definition also refers to the stare licensing requirement as a means of idenri~Sng pawnshops, excluding businesses that lend money exclusively on ~'dcposits of ~ccondhand precious metals." Pawnshops have been permitted bF· right in two commercial zones as retail uses. ,Although the new rules would not apply retroactively to existing pa~nshops, new pawnshops would have to apply Gr special use permits. Further, their overall number may nor increase from the current t I, nor may they locate within a mile of an existing pawnshop. Pawnshops abutting a residential zone line, school, or church would have to erect a six-Got-high buffer in combination ~vith landscaping, and the zoning commissioner would be entitled to limit their hours of operation. The proposal would also regulate pawnshop signage, limiting signs to 75 square feet. These signs may not extend above the eaves line ora pitched roof or the parapet ora fiat roof: Freestanding signs would nor be permitted, and the zoning commissioner could take steps to ensure signs' compatibility with signage on neighboring businesses. County planner Karen Brown says that, because the council is expected to act on the proposal soon, the ordinance wilt probably take effect while the moratorium is still in effect. Fay Do/nick Paul Restricts :urrency Exchanges ~/ The St. Paul, Minnesota, city council has amended its zoning ordinance to restrict the number and location of check- cashing businesses, also known as currency exchanges. The measure, adopted in January., is one of several that have been proposed to limit various unpopular land uses in or near residential neighborhoods. Other proposals still pending before the city council include restrictions on pawn shops, gun shops, and taverns. Currency exchanges typically cash checks and issue money orders i'br people who do not have bank accounts. Because of their lower-income clientele, they are most often located in poorer neighborhoods and commercial districts. That very concentration tends to produce some unease among neighborhood leaders. In 1993, a planning commission study Gund that the exchanges tend to require more police services, generating twice as many calls to police as an equivalent number of banks. Most of these calls, however, involved bad checks rather than violent customers. /,,,~;,g .\',,t,s i~ a monthly newsletter published by the American Planning Association. suh,~riprions are a~ailable for S45 {U.S,) and SS,~ /foreign). M~chad B. Barker. Exccuuv¢ Director: Frank 5. So. Deputy Executive Director: kX i[Iiam R. Klein, Director of Research. ~o,tt,g .Veu,s is produced ar ML{. Jim Schwab. Editor: Michael Barrette, Dan Biver. 5arab 8ohtcn. Fa} Dolnick, Michellc Gregory, Saniay Jeer, Beth McGuire. Marya M~wri~, David ~m~th. Reporters: Cynthia Cheski, Assistant Editor: Lisa Barton. Dcqgn and Production. Copyright :01995 by American Planning Association. 1313 E. 60th Sr.. Chicago, [L rm~- I'heAmertcan PlanningAssociarion has headquarters officesar 1~'6 Ma,,a~hu~ctts A~=.. N.~'.. ~'ashingron. DC 20036. All righr~ reserved No parr t~fthis publication may Be reproduced or utilized in any t,~rm or b~ ant means, electronic or mechanical including photocopying, recording, or by an? m~ormarmn irorage and retrieval system, without permission in ~riting trmn thc American Planning Asso.iation. Printed ,,n rec)*led paper, including qO--O°. recycled fiber The ne~v restrictions allow currency exchanges as special conditional uses in heaw commercial and industrial c~i=tricts, where they must be at least 100 feet from any residential lot. D~m Biz'er Communication Towers Take High Road While other communities ~vage bartles over where to site satellite dishes and communication towers, Monroe, Connecticut, has taken the high road. The former municipal dump sire, situated atop the highest hill in the area, is home to the Monroe Communications Park. Planner Dan Tuba wrote the overtax, zoning that created the park. "We don't have any siring problems in Monroe," says Tuba. "With the park dedicated to antennas, we're actually in a position to welcome them." In addition to avoiding difficult siting issues, the town has profited from a parcel that was once considered unusable. So far, there are two towers, leased to a cable company and a telephone company. The renters sublease space on the towers to other tenants. Both towers have enough space for a {:ew more whip antennas. That arrangement pleases the town of Monroe because, in addition to the monthly rent of the towers, the town collects a percentage of the sublessor's rent. The site, first leased irt 1980, offers a line of sight to antennas on the Empire State Building and World Trade Center. The second tower was built adjacent to the dump site in 1990. Tuba reports that the park has room for several more towers and satellite dishes. Charles Spanbauer, Monroe's economic development coordinator, says that, in addition to providim3 a source of income, the communications park is a success with the public. "We have had very few complaints," he savs. "The towers are relatively unobtrusive, and the park is really out of the way so there aren't many residents near it." Michael Barrette The Zoning Dictionary; The Zoning Provisions Encyclopedia; The Zoning Diagrams Compendium Lehman &Associates, 113 Collier St., Battle, ON, L4M 1H2, Canada. Both 1994. 182pp. and 104 pp., respectively. $75 for the dictionary or encyclopedia; $20 for the compendium; $160 for the three-volume set. Price includes shipping. The publisher describes these volumes as % resource for planners, lawyers and others involved in the preparation of Zoning By-laws by providing a useful and practical base of information." The encyclopedia offers sample zoning language compiled from adopted zoning ordinances from the U.S. and Canada. The topics are compiled under 27 major zoning topics. The diagrams in the compendium are a collection of some standard diagrams for use 'n defining zoning terms and regulations. They cover illustrations, such as building bulk plane, yard and setback diagrams, landscaping, screening, and buffers. No references or sources are identified in either of the two volumes. The publisher claims that this was done to improve the clarity of the material. APRIL 1995 AMERICAN PLANNING ASSOCIATION Regulating _ Outdoor Sales By Dan Biver From the days of ancient marketplaces to today's outdoor cafes, outdoor dining and shopping has always been a popular warm weather activity. Zoning for present-day outdoor businesses continues to be a challenge for planners, but many communities across the country have been setting examples others might want to follow. This issue of Zoning News examines the regulation of temporary outdoor sales, such as restaurants and sidewalk displays. Because the full range of activities covered by ordinances regulating outdoor sales is very broad, it is easier to focus on these two common examples. The larger umbrella of regulated outdoor businesses, however, can include carnivals, sales of seasonal fruits and vegetables, arts and craft shows and exhibits, fund-raising activities, parking lot sales, and seasonal sales such as Christmas tree lots. The city of Plymouth, Minnesota, divides this variety into four categories: outdoor sales activities (sidewalk sales, inventory reduction/liquidation sales, distressed or seasonal merchandise sales); outdoor promotional events (carnivals, craft shows, flea markets, mechanical or animal rides, and the display of products not sold or served on the property); transient merchant/ transient produce merchant (selling goods, wares, and merchandise where it is allowed by zoning/selling produce on property other than where the produce is grown); and industrial retail activities (warehouse sales, expositions). Despite this wide array, all these types of sales entail many of the same basic concerns regarding sanitation, maintenance, insurance, and the obstruction of pedestrian traffic. Outdoor Restaurants The town of Whiting, Indiana, bordered by Lake Michigan to the north, Chicago to the northwest, and Gary, Indiana, to the east, has set out to encourage outdoor sidewalk restaurants. The standards and conditions approved last July by the Whiting Board of Public Works and Safety establish clear goals for the eating and drinking establishments that wish to move part of their business outdoors. Definition. Whiting defines an outdoor sidewalk cafe as "any portion of food establishment or eating or drinking place located on a public sidewalk or public open-space that provides waiter or waitress service and is unenclosed," and is not used for other purposes. The cafe is to be open to the sky "with the exception that it may have a retractable awning or umbrella and may contain furniture including tables, chairs, railings, planters, etc. which are readily moveable." Location and safety. New York City's ordinance covers three important points in regulating the location of sidewalk restau- rants. The first is the need for safety in avoiding the obstruction of exits and entrances for people in adjoining buildings. Likewise, fire escapes, drop ladders, and cellar or basement exits must not obstruct pedestrian traffic. Lastly, the cafes should not obstruct access to the restaurant's building from the sidewalk. Because of the city's extensive application requirements, obtaining authorization for an outdoor cafe in New York can take up to a year and a half. Approval comes not only from city hall, but also from community boards and, in historic districts, from the Landmarks Preservation Commission. Many other cities hold public hearings and require a conditional use permit approved by the planning commission and an encroachment permit from the city council. As is the case in historic districts in New York City, the location of outdoor restaurants is often regulated with regard to their appropriateness for the neighborhood. Location issues extend beyond fire exits to include appearance. Many cities require a&'ance architectural drawings to ensure design compatibility with neighboring structures. Many ordinances aIso address aesthetic issues such as canopies, potted plants, and the railings that define thc cafe's borders. Boulder, Colorado's regulations define cafe construction, design, ~'Ltrniture, and signs. These regulations often are merely extensions of existing building codes. XX;hiting, Indiana, specifies that the construction and furniture must %nsure the integrity and prese~'e the character and compatibility of the ti 9th Street Downtown Business District." Santa Rosa, California, specifies the weight with which umbrellas must be secured, requiring them to be anchored %vith a minimum base of not Iess than 60 pounds." The Boulder code directs that %utdoor seating will be counted in satisl~'ing restroom requirements (quantity, access, location, etc.)" and that %11 access to outdoor area from food establishment will be provided with self-closing doors, screening, etc." Signs. Regulations can deal with both public and private signs. Whiting protects public signage by stating, ~No table umbrella shall obstruct the clear vision of any street sign or traffic regulatory sign." But it adds that "no table umbrella shall contain any type sign or signage except on the fringe or valance." Many codes also regulate the size, location, and placement of signs in or around the restaurant. But sign regulations can also mandate certain messages that affect public safeD'. Santa Rosa requires that one or more signs be posted giving notice to the cafe's customers that "the drinking of beer or wine or the carrying of any open container which contains beer or wine is prohibited and unlawful outside the delineated area of the sidewalk cafe." Food and alcohol. Regulations generally cover both what can be served and how it is to be prepared. While serving alcoholic beverages is often permitted, exceptions exist in communities like Whiting, where "the sale, service, or consumption of any alcoholic beverage or alcoholic beverages on or in an 'Outdoor Sidewalk Cafe' by any permittee, permittee's agent, permittee's employee, or consumer is prohibited." State codes also come into play' regarding liquor, and it is a safe course to check those that apply. For example, some states limit the number of tables at which liquor can be served in an outdoor setting. It is common practice in these ordinances to prohibit the presetting of tables with utensils, glasses, condiments, and other amenities. The general idea is to require that these items be placed on the table only after customers are seated, largely because of the potential problems with outdoor sanitation. Ordinances demand that the exteriors of surfaces in the outdoor cafes be cleanable and kept clean. "Trash and/or refuse storage is prohibited within Outdoor Sidewalk Cafes or on adjacent sidewalks," the Whiting ordinance declares. Public health directors have the duty to enforce compliance with standard food sanitation regulations, and periodic inspections by the health department are required just as with indoor facilities. While many outdoor health codes mirror those regarding indoor restaurants, some communities speci ,fy extra requirements such as protecting utensils from airborne contaminants and providing for proper floor drainage. Sound. Some outdoor cafe ordinances prohibit thc usc of outdoor speakers, but the issue of noise pollution ~-xrends beyond piped music. For example, \?'hiring prohibits outdoor sound systems. However, "one musician or xoca[isr and/or one musical instrument as provided by the permittec shall not be prohibited unless said musical presentation becomes a noise nuisance as documented in complaints to the City of Whiting." Boulder allows piped-in music on a case-by-case basis but disallows the use of sound svstems installed primarily Gr advertising purposes. Hours. In regulating hours of operation, some codes include references to the weather. The Santa Rosa code, Gr example, states that the operation of an outdoor cafe is permitted %vhenever fair weather would enhance outdoor dining." Other codes merely specie' the time of day, with some allowing business during the morning hours I- a.m. to noon), and others permitting service until as late as 4 a.m. Regulations regarding operating hours may also require that all tables, chairs, and other furniture be remo~red from the sidewalk when the cafe is not in operation. Sidewalk Sales Luring customers into stores is often accomplished by bringing the goods a little closer to the would-be shopper who is strolling down the sidewalk. Like zoning for outdoor cafes, zoning for sidewalk sales also involves several extensions of codes that apply to the business conducted indoors. Sidewalk sales are characterized by their temporaD' status. Unlike plant and tree nurseries, where the greenhouse does not enclose the entire shop, sidewalk sales require special use permits fbr operating on proper .t7 not otherwise used to conduct business. Some codes list examples of the types of items that may be sold through such an outdoor display. Escondido, California, lists antiques, art~vork, automotive supplies, bicycles, books, china and glass wares, clothing, crafts, firewood, flowers and plants, food, har&vare, gardening and landscaping equipment and supplies, jewel ,fy, motorcycles and scooters, newspapers and magazines, sporting goods, and tires. Other communities merely generalize on the subject of what is to be sold, speci',fving only that the display and sale are to be temporary, and must conform to the requirements of existing zoning codes. Categories. This temporary, nature is defined by the city of Portland, Oregon, as "activities characterized by their short- term or seasonal nature and by the fact that permanent improvements are not made to the site." The ordinance then separates the temporary, actMties into two categories: those that are allowed by the zone but do not meet the development standards, such as Christmas tree sales and a parking lot sale in a commercial zone; and those that, if permanent, would nor be allowed by the base zone, such as church carnivals in residential zones and retail sales in industrial zones. Plymouth, Minnesota, describes the types of sales for which an administrative permit can be obtained: "'Retail Activities' shall include temporary., short-term warehouse sales, inventory, reduction or liquidation sales, distressed merchandise sales, and product promotion events including displays, introductions, expositions, and swap meets related to the products and/or services of the established tenant or owner..." Health and safety. As with ordinances regarding outdoor cafes, outdoor displays and sales of merchandise must comply with codes designed to protect public health and safe.w, as well as to prevent the obstruction of both pedes- trian and automobile traffic. ~orne ciw codc~ prohibit rary sales on unpaved landscaped arca~. Th~. u~c af pm~ cr generation is often stricd~' regulated For bo~h satiny cun~Jdcr- adons and in reBard ro noise lcvds. Thc maximum space may be used ~or outdoor sales is also an issue. I~ can b¢ mca- sured in square feet or as a percentage of the exisdng business area. Daytona, Florida, uses a combination of both, <adng that "the display area shall not be grea~er than 10 percent of the lot or parcel and not greater than 500 square Feet." Ordinances commonly restrict ~he frequency of outdoor sales. Salinas, California, albws for a "maximu~ of ~our continuous days six times each calendar ~'¢ar." Pl~'mouth, Minnesota, on the other hand, allows "no more ~han 10 sales activities per year per proper?." Signs. Advertising in and around the sites of outdoor sales also has received considerable a~tention. "A-frame" or "sandwich board" signs have aroused controversy in some communities even apart fkom their use for outdoor sales, but the fear of lawsuits is often overridden by the power of long- standing tradition. The size and amount of such ads are regulated: in Stratfbrd, Ontario, the ordinance delineates signs' measurement in fbet, controls their shape CA-frame/ inverted vees"), and requires that they be kept in good repair. It also permits just %ne sign per business and/or building." Location. Communities also typically address basic concerns over merchandising on public rights-of-way. Bethany, O~ahoma, specifies that the ~goods shall not be in places closer than six fbet from the curb or, where there is no curb, six f~et from the paved edge of the shoulder," and that "no open display shall occupy the sight triangle at a corner." Tempora~ shelters such as roofs or canopies are often permitted fbr sidewalk sales, but setback requirements fbr the principal building generally aim to prevent infringement on a public right-ofLway or on an easement open to public travel. Some writers on the urban scene have noted that no space is more valuable than downtown sidewalks, and even' ciw is concerned about its economic vitalis. For businesses, the bottom line is the facilitation of acrivi~ and increased pedes- trian traffic, Some downtown areas have successfully used outdoor sales as the focus of special attractions such as noon- time performances on plazas and malls. General Concerns The oversight of outdoor cafes and sidewalk sales involves the usual concerns over public health and safety,. The roadside hot dog joint is an American tradition, but in many towns the oversight of outdoor sales activities involves more than the simple desire to prevent the abuse of city sidewalks. The quality and attractiveness of a commercial district can be won or lost through the regulation of such activities. Because of the nature of outdoor business, aesthetic considerations receive much attention in city codes. The same interest that underlies permitting the operation of outdoor cafes, for example, typically involves a serious interest in the appearance of the community, as well. An appealing community image is as much an integral part of the atmosphere for a restaurant's outdoor activities as the appropriateness of its inner decor. Denver Acts on Group Homes Shelters and group homes have become the focus of attention in Denver in recent months, and the fate of at least one shelter in the Denargo Market area hinges on a decision from the zoning board of appeals later this month. Meanwhile, the city has reached agreement with a neighborhood association concerning another shelter elsewhere in the city. [n the background, an informal memo issued by the U.S. Department of Housing and Urban Development (HUD) last summer indicated that it deems the Denver zoning ordinance a violation of the Fair Housing Act Amendments, although HUD seems in no hurry, to take legal action against the ci ,ry. The kev issue is a zoning provision that allows no more than three shelters within a 4,000-foot radius. Last summer, the Salvation Army was fbrced to relocate its Blake Street Emergency Shelter because of complaints from neighboring businesses about health and building code violations. The shelter, which houses homeless men, moved last November to the Denargo Market area, where three shelters--the Denver Rescue Mission, Samari- tan House, and Sacred Heart House--already existed within a 4,000-foot radius. By moving 150 feet too close to these facili- ties, the new shelter posed a potential violation of the zoning ordinance unless the Salvation Army could win a variance, something the zoning board was considered likely to reject. The city resolved this new conflict by reclassi ,lying Sacred Heart House as a rooming and boarding house. It was able to do this because the women's shelter houses up to six families or 10 single women without providing services. Sacred Heart limits its residents' stay to 30 days. However, Denargo Market neighborhood groups have appealed this reclassification to the zoning board, which is expected to act by the end of this month. A favorable decision on the appeal will again place the Salvation Army men's shelter in legal jeopardy. The spacing requirements themselves were the subject of the HUD legal analysis that early last year questioned the zoning ordinance's validity under the federal law, which prohibits discrimination against the disabled. Although the homeless are not similarly protected by federal law, the zoning ordinance covers all residential care uses and thus may be uniformly jeopardized by anv federal challenge. However, HUD has not vet shown any indication that it regards this issue as a priority, notes ciw attorney Karen Avalos. Even if it decides to act, she says, HUD would have to file a formal complaint, allowing I00 days for the ciDr to comply before taking its complaint to the Zo,t~,tg .Vews is a monthly newsletter published by the American Planning Association. '~ub~r~pr]ons are available rbr 50,5 IU.S.) and 554 (foreign). 5.1i~hae[ B. Barker, Executive Director: Frank S. 5o. Deputy Executive Director: William R. Klein. D~rector of Research. Zo,tt,tg.Vews is produced at APA. Jim Schwab. Editor: Michael Barrette. Dan Biver, Sarah Bohten, Fay Dolnick. Mi~helle Gregory. 5anjay Jeer, Beth McGuire, Marya Morris. David Smith. Reporters: Cynthia Cheski, Assistant Editor: Lisa Barton, Design and Production. Cop?right 01905 b?' .American Planning Association. 1313 E. 60th St.~ Chicago, iL ooo ~,- Fhe American Planning Association has headquarters offices at 1'76 Mas~a~husett~ A',e.. NYXL. '~'ashington. DC 20036. UI right~ reserved. No part of this publication ma?' be reproduced or utilized in an?' h)rm or by any means, electronic or mechanical, including photocopying, recording, or b~ any ini'brmation storage and retrieval system, without permission in writing from the American Planning Association. Printed on recycled paper, including 50--00'0 recycled fiber and 10% postcon~tlmcr waste. ~ 4 U.S. Justice Department, which would then sue. The whole process could take up to m'o ~'ears. In the South Sherman Street neighborhood, however, thc city has so far shown an ability to negotiate a workable agreement with neighbors concerning a new home for chronically mentally ill people with drug and alcohol problems. That dispute, which began last August, led to discussions with neighbors, whose concerns resulted in agreement on a faciliw ~-br women only, with strict screening tbr violent persons, especially child abusers, and strict supervision and adequate staffing. There are now 10 women in residence. Jim Schwab and Fay Dolnick Call for Information What's the impact of impact analysis? A future issue of Zoning News will examine the use of formal impact analysis procedures by local planning agencies. If your organization has instituted impact analysis as part of its development processes, let us know. We are interested in ordinances, procedural and technical manuals, internal memoranda, and actual examples of staff impact analysis reports. Send material to: Stuart Meck, APA, 1313 E. 60th St., Chicago IL 60637. For further information, contact Stuart Meck at 312-955-9100. ax t ports Knox County Greenways Plan Knox County Greenways Committee, Metropolitan Planning Commission, Ci{y-Coun~y Building, Suite 403, 400 Main St., Knoxville, TN 37902. 1994. 52 pp. $10. The Knoxville metropolitan area has been growing fast and gobbling land for development in the process. In 1992, the county appointed the Greenways Committee to develop a plan for enhancing the area's parkland and protecting its natural resources. Open space plans generally involve a number of land- use planning techniques to achieve their goals, including both land acquisition and zoning, the latter largely through parkland dedication in new developments. This plan lays out a metropolitan vision that employs each of those tools judiciously. Development Impact: Assessment Handbook Robert W. Burchell, et al. Urban Land Institute. AvailableJ~om Planners Bookstore, APA, 1313 E. 60th St., Chicago IL 60637. 1994. 326pp., includes 5 ~, diskette. $124.95. Written by some of the planners most knowledgeable on the subject of impact analysis, this volume is probably close to a necessity in any planning library,. Covering eight different areas of analysis, the handbook details methods for measuring physical, social, and economic impacts of proposed development. The diskette contains a computerized model for testing hypothetical proposals to determine their impacts in advance. May 15, 1995 -- Page 5 Taking -- Ordinance Requires Landscaping of Parking Lots Parking Association of Georgia Inc. v. CiO, of Atlanta, 450 S.E.2d 200 (Georgia) 1994 The city of Atlanta, Ga., passed a zoning ordinance that affected surface parking lots with 30 or more spaces in downtown and midtown locations. The ordinance required minimum barrier curbs and landscaping areas equal to at least l0 percent of the paved area within a lot; ground cover (such as pine bark or similar landscape materials); and at least one tree for every eight parking spaces. At most, landowners could lose 3 percent of their usable parking spaces due to the ordinance. The ordinance was designed to regulate beauty, promote public safety, and improve air quality and water run-off problems. Several companies that owned surface parking lots sued the city. The own- ers asked the court to stop enforcement of the ordinance and to declare it void. The owners claimed the ordinance was unconstitutional because it took their property without compensation. The court found that the owners did not prove the ordinance was a signifi- cant detriment to landowners, or that it was not related to the public health, safety, morality, and welfare. The court ruled in the city's favor, and the owners appealed. DECISION: Affirmed, in favor of the city. The ordinance was valid. It merely regulated the use of property, it did not authorize any taking of property. A loss of up to 3 percent of parking spaces was not a significant detriment. The ordinance was not an improper exercise of police power just because it might diminish the property's value. The ordi- nance had a real relation to protecting the public health, safety, morality, and welfare. H & H Operations Inc. v. City of Peachtree City, 283 $.E.2d 867 (1981). Rockdale County ~: Mitchell's Used Auto Parts inc., 254 S.E.2d 846 (1979). Z.B. May 1995 -- Page 7 Adult Entertainment -- Adult Bookstore Claims Relocation Will Drain Profits Grand Brittain Inc. ~: City of Amarillo, 27 E3d 1068 (Texas) 1994 The city of Amarillo, Texas, adopted several ordinances regarding adult businesses. One ordinance banned adult businesses from operating within 1,000 feet of residences, churches, and parks. Another required them to get licenses from the police chief. Grand Brittain Inc. operated an adult bookstore within 1,000 feet of residential property. According to the ordinances, it had to move its business to an industrial zone by 1993. Much of thc available property within the industrial zone did not have electricity or the required water and sewer extensions, but it could be deveh)ped. Grand Brittain sued the city, arguing the ordinance violated its First Amendment right to freedom of expression. Grand Brittain claimed the ordinance deprived it of all economic use of its property because there was nowhere else in the city it could profitably run an adult bookstore. The court upheld much of the ordinance, noting several suitable areas where Grand Brittain might relocate. Grand Brittain appealed. DECISION: Affirmed in part, and returned to lower court. The ordinance was a valid regulation of speech because it provided a reasonable opportunity for Grand Brittain to continue its business in a new location. However, the/:ity could not yet apply the regulations to Grand Brittain on other grounds, and the case was sent back to the h)wer court for an order to that effect. The ordinance did not violate Grand Brinain's constitutional right to free speech because it did not harm its ability to communicate. While the ordi- nance did not guarantee a profitable location, Grand Brittain had a reason- able opportunity to continue its business. Topanga Press Inc. v. City of Los Angeles, 989 E2d 1524 (1993). City of Woodall v. City of El Paso, 959 F. 2d 1305 (1992). Renton v. Playtime Theatres Inc., 475 U.S. 41, 106 S. Ct. 925, 89 L.Ed. 2d 29 (1986).