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080195 Planning AGENDA PLANNING COMMISSION MEETING OF AUGUST 1, 1995 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. CONSENT ITEMS PUBLIC HEARINGS Case 95-04 Request for An Ordinance Amending the New Hope Code by Amending Maximum Signage Area for Front Wall Signs Accessory to Single Occupancy Businesses and Industrial Uses, City of New Hope, Petitioner. 3.2 Case 95-12 Request for An Ordinance Amending the New Hope Code by Establishing Regulations for Outdoor Sales of Seasonal Farm Produce and Allowing Sales in the Commercial and Industrial Zoning Districts, City of New Hope, Petitioner. 3.3 Case 95-07 Request for An Ordinance Amending New Hope Zoning Code by Allowing Tattoo Businesses as Permitted Uses in the Commercial Zoning Districts, City of New Hope, Petitioner. No discussion -- This item to be tabled until the September 5th meeting. ,. 4.1 4.2 COMMITTEE REPORTS Report of Design and Review Committee Report of Codes and Standards Committee 6. 6.2 6.3 6.4 OLD BUSINESS Miscellaneous Issues NEW BUSINESS Review of Planning Commission Minutes of July 11, 1995. Review of City Council Minutes of June 26, 1995 Review of EDA Minutes of June 26, 1995. Review of HRA Minutes of June 26, 1995. 7. ANNOUNCEMENTS 8. ADJOURNMENT Planning Case: Request: CITY OF NEW HOPE PLANNING CASE REPORT 95 -04 Request for An Ordinance Amending the New Hope Code by Amending Maximum Signage Area for Front Wall Signs Accessory to Single Occupancy Businesses and Industrial Uses Location: PID No: All Commercial/Industrial Zoning Districts Zoning: Petitioner: Report Date: Meeting Date: All B-l, B-2, B-3, B-4, I-1 and 1-2 Zoning Districts City of New Hope July 28, 1995 August 1, 1995 BACKGROUND The City of New Hope staff is recommending consideration of An Ordinance Amending the New Hope Code by Amending Maximum Signage Area for Front Wall Signs Accessory to Single Occupancy Businesses and Industrial Uses. Per the attached memorandums/signage surveys by the Building Official, City staff and the Codes & Standards Committee have been generally discussing the need for some modifications to the Sign Code over the past several months and additional changes/recommendations will be forthcoming. However, at this time staff is proposing only a minor change to the Code. This change will allow New Hope Bowl to proceed with their proposed wall sign improvements and will allow more flexibility in the Sign Code for wall signage in the B-i, B-2, B-3, B-4, I-1 and 1-2 Zoning Districts. Section 3.465 "Signs Accessory to Single Occupancy Business or Industrial Uses" of the New Hope Code presently states that "No sign accessory to any business or industrial use shall be permitted, except in compliance with the following regulations: (1) Front Wall Signs. (a) Maximum Signage. Not more than two signs shall be permitted on the front wall of any principal building. The total area of such sign or signs shall not exceed fifteen percent of the area of the front face (including doors and windows) of the principal building in Limited Business, Retail Business and General Business Districts, and ten percent in Limited Industry and General Industry Districts, provided that the total area of each sign shall not exceed one hundred and twenty-five square feet." This ordinance amendment eliminates the 125 square foot limitation for each of two permitted front wall signs and permits two signs with a combined square footage not to exceed 250 square feet. In other words, the amendment would permit one sign up to 250 square feet or two signs with a combined area not exceeding 250 square feet. It gives the property owner maximum flexibility to design the signage any way they choose as long as they do it with no more than two signs, subject to the fiftenn percent area limitation and the 250 square foot limitation. Planning Case Report 95-04 2 July 28, 1995 The existing code regarding maximum signage area for front wall signs accessory to single occupancy business and industrial uses would be amended to read as follows: (a) Maximum Signage. Not more than two signs shall be permitted on the front wall of any principal building. The total area of such sign or signs shall not exceed 15 percent of the area of the front face (including doors and windows) of the principal building in Limited Business, Retail Business and General Business Districts, and ten percent in Limited Industry and General Industry Districts, provided that the combined total area of eac~ both signs shall not exceed c, ne two hundred and ~ fifty_ square feet. This code amendment was initiated as a result of a request submitted by New Hope Bowl to upgrade their front wall signage. They submitted a plan showing a 3' x 69' (207 square feet) sign that would state "New Hope Bowl & Lounge". Under the existing Code the sign is not permitted because it exceeds the 125 square foot maximum for one sign (even through they could have two front wall signs of 125 square feet each). If this amendment is approved, New Hope Bowl will be able to proceed with their improvements and more flexibility will be allowed in signage for other single occupancy businesses. No legal notice was published for this amendment as the Sign Code is not part of the Zoning Code and no notice/public hearing is required. If approved, this ordinance amendment would be effective upon publication. ANALYSIS The Planning Consultant has prepared the enclosed report which deals with a number of suggested Sign Code modifications; one of which is the change to the wall sign area requirement. The Planning Consultant supports this minor modification to provide more flexibility in the regulation of wall signs. The Codes & Standards Committee will be reviewing additional modifications in the future. 2. The Codes & Standards Committee reviewed this minor change to the Sign Code at their July 25th meeting and unanimously recommended approval. RECOMMENDATION Staff recommends approval of An Ordinance Amending the New Hope Code by Amending Maximum Signage Area for Front Wall Signs Accessory to Single Occupancy Business and Industrial Uses. Attachments: Proposed Ordinance Amendment City Attorney Correspondence Planning Consultant's Report Building Official Memo/Letters Future Sign Code' Modifications ' JUL-27-98 ?HU 12:14 P, 02/02 ORDINANCE NO. 95- AN ORDINANCE AMENDING THE NEW HOPE CODE BY AMENDING MAXIMUM 8IGNAGE AREA FOR FRONT WALL SIGNS ACCESSORY TO SINGLE OCCUPANCY BUSINES~ AND INDUSTRIAL USE8 The City Council of the City of New Hope ordains- Sectlon 1, Section 3,465 "Signs Accessory to 8inRle Ocuupanc~ B_Psiness or fndustrial Uses" of the New Hope Code is hereby amended by amending subsection (1)(a)"Maxi. mum Siqnap~." to read as follows: (a) J~imum Signals, Not more than two signs shall be Permitted on the front wall--of any principal building. The total area of such sign or signs shall not exceed fifteen percent o? the area of the front face (including doors end windows) of the principal buildin9 in L~..~t ~ ~ ~ll Business D~str~cts, and ten percent in ~ -,,---.,/. ~13 Industrial Districts, ~rovided that the combined total area of'-~c.. ' c~ ~ bO~ signA shall no~ exceed ~ne two hundred and-~z~ ~__~ft squ~re fee~. $__~Pt'[on ~. Effective Date, This Ordinance shall be effecLive upon its passage and publication. Dated the day of , , I995. Attest - Valerie Leone, City Clerk Edw. d. Erickson, Mayor (Published in the New ltope-Golden Valley Sun-Post the ..__, 1995.) day of STEVEN A. SONDRALL MICHAEL R. LxFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT CO~h~ICK & SONDP.~L, P.A. A~roP.~sYs Ar L^w Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 ;AX (612) 42~5667 SHARON D. OERBY July 14, 1995 Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Proposed Ordinance Amending Maximum Square Footage for Front Wall Signs Our File No: 99.40070 Dear Kirk: Enclosed please find a proposed Ordinance amending maximum signage area for front wall signs accessory to single occupancy businesses and industrial uses we discussed in our July 14, 1995 telephone conversation. This Ordinance is for consideration at the July 25, 1995 Codes and Standards meeting. Basically, the amendment eliminates the 125 sq. ft. single sign limitation and permits two signs with a combined square footage not to exceed 250 sq. ft. In other words, the amendment would permit one sign up to 250 sq. ft. or two signs with a combined area not exceeding 250 sq. ft. It 9ives the property owner maximum flexibility to design the signage any way he chooses as long as he can do it with no more than two signs, subject to the 15~ area limitation and the 250 sq. ft. limitation, T~is Ordinance addresses only one of Doug Sandstad's concerns stated in his May, 1995 memo. However, it is my understanding we need this amendment' immediately to accommodate the proposed new signage at the New Hope Bowling Alley. It is my further understanding we will continue to work on the other issues set out in has memo. Kirk McDonald July 14, 1995 Page 2 Contact me if you have any questions. Very truly yours, Steven A. Sondrall slf2 Enclosure cc: Doug Sandstad (w/enc) A1Brixius (w/enc) COMMUNITY LANNING ,, DESIG MAR RESEARCH PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary Teague/Alan Brixius 21 July 1995 New Hope - Sign Ordinance Revision 131.00 - 95.05 BA CKGRO UND In May of 1995, the building inspector prepared a report entitled "Possible Modifications to the Sign Code." Our office has reviewed this document and offers the following comments for discussion. ISSUES & ANALYSIS The building inspector noted incorrect language that exists in Section 3.421 (1), of the Sign Ordinance, therefore, our office recommends the following revision to the Code: (1) Me~a.qnrexl Di~tanee.q. All measured distances shall be to the nearest integral I _ _ _ i:::::::::::::::::::::::::::::::: foot. If a fraction is one-half foot or .,~,::::~..o..~ the integral foot next highest shall be taken. The building inspector also noted inconsistency in the required setbacks for ground signs, and signs regulated under Section 3.43. Signs regulated under Section 3.43 include: flags; memorial signs; signs required by law; public convenience signs; political signs and government signs. The following Sections from the Sign Ordinance highlight the discrepancies between these signs: 3.43 ReDfiation and Permit gxeepticmq. The signs indicated in Section 3.431 through 3.436 are exempt from the permit requirements of Section 3.116 and from the regulations of the New Hope Sign Code, Section 3.40 through 3.485, except that they shall be set back from the street right-of-way line a distance of 5775 Wayzata Blvd.-Suite 555. St. Louis Park. MN 55416. (612) 595-9636.Fax. 595-9837 at least one-half of the minimum setback specified in the New Hope Zoning Code district regulations. 3.465(3) Ground Sign.q. No ground sign shall be located closer than ten feet to any property line. To avoid confusion, the City may wish to consider a uniform setback requirement for all signs within the City. The building inspector noted that greater flexibility was needed in the regulation of wall signs. The current Sign Ordinance states that no more than two signs are allowed on the front wall of a principal building, each of which may not exceed 125 square feet. Also, the total sign area may not exceed fifteen percent (15 %) of the front face in a commercial zoning district and ten percent (10 %) of the front face in an industrial zoning district. The City Attorney has drafted an Ordinance Amendment (Exhibit A), which allows more flexibility in regard to wall signage. The amendment allows up to two (2) wall signs not to exceed a combined area of two hundred and fifty (250) square feet in size. The total sign area cap, based on a percentage of the front face to ensure proper scale of signage remains in effect. Our office is in support of such an amendment. The building inspector noted that similar flexibility is also needed for ground signs. The existing ordinance reads as follows: ~ Not more than two ground signs shall be permitted on any lot or one ground sign if the building should contain more than one wall sign over ten square feet. Maximum Sign Area and Height. All ground signs shall conform with the maximum sign area, and maximum sign height provisions in relation to the street chssification, as contained in the following table: Street Maximum Area (Sa?are Feet) Maximum Structure Height ,~eeO Collector 40 15 Minor Arterial 75 20 Principal Arterial 200 30 Our office suggests that similar language, per the proposed wall sign ordinance, be considered for the regulation of ground signs. Current sign area requirement for ground signs located on principal arterial roadways is two hundred (200) square feet. In considering this amendment, the City should be careful not to allow a ground sign to be four hundred (400) square feet in size. The City may wish to examine its' ground sign area limits within this amendment. The building inspector stated that the Post Haste Square shopping center sign contains in excess of the required five (5) tenant directory signs. Our office believes that the requirement of a maximum of five (5) tenant signs is nat too restrictive, and should remain as written. If the directory becomes too large, individual business signs become "lost" within the sign. The shopping center identification should remain the most significant part of the sign, not the individual tenants. Also, the City Sign Ordinance does not specifically regulate reader board signs, other than within the shopping center ground sign regulations. The specific provision reads as follows: (5) No advertising or reader boards shall be allowed on the tenants' directory of the identification ground sign. The building inspector has noted that the City has allowed a reader board signs in the past, therefore, the City may wish to amend its' sign regulation to allow reader board signs. TO: KIRK McDONALD SARAH BELLEFUIL FROM: DOUG SANDSTAD DATE: MARCH 14, 1995 SUBJECT: REQUEST TO RECONSIDER FRONT WALL SIGN CODE STANDARDS I provide the letters, brought in today, and this comment on the possible change to front wall signage rules. Thie pertains to single occupancy businesses, only. Code Section 3.465 (1) permits a maximum of two front wall signs (on large buildings) provided the area of EACH sign does not exceed 125 sq. ft. This language does not allow the property owner to combine into a single 250 sq. ft. sign. We premise the area upon the size of the "front face" of the building. In this case, the front face is 3,225 sq. ft. and our code would permit the lesser of 15% of 3,225 (483)sq. ft. or 125 + 125 sq. ft. In addition to housekeeping improvements of obsolete language ("General Business District etc. '9. We have the substantive issues of both front wall and ground signage. Many business owners have previously requested approval to combine the allowed 75 sq. ft. ground signs (2) into a single 150 sq. ft. sign. [Conditions have been deleted for simplicity.] To whom it may concern, I am one of three principal owners of the building for which my son has asked your considerations. I have spoken with the other owners and we are agreed that the changes recommended are acceptable to all of us. If you require, the other owners are willing to sign off on this matter as well. Time and distance made a phone conversation the reasonable thing to do at this time. We support this change fully, and are available to you if you need our help further. Yours Truly, Gertrude Bender To whom it may concern, I am writing this letter in hopes that you will give favorable consideration to the changes we are proposing for the front of our building. I feel it is necessary for my- business, set back as it is from the street, to effect these changes in order to be more easily seen and recognized, thereby improving business. I have taken under consideration a number of other options for the front of the building. In all cases I was either not pleased with the look, or found the costs prohibitive in the extreme. This proposal, I believe, accomplishes all of our mutual goals. First and foremost it draws attention to my business. Secondly, it provides pleasing esthetics and helps our building to come into step with the entire upgrading of 42nd Ave. I have seen similary appointed buildings around the metro area, and their impact is at once pleasing to the eye, and functional to the owner. I have contacted the owner of the building and gotten approval for these changes. If I can be of any assistance in helping you render a decision, please feel free to contact me. I will thank you in advance for your consideration in this matter. 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 Telephone: TDD Line: 612-531-5100 612-531-5109 City Hall Fax: #612-531-5 Police Fax: #612-531-5 Public Works Fax: #612-533-7~ March 10, 1995 Kaufrnan Sign Co. FAX: 788-6715 Attn: Dan Kaufman Dear Sir, I have reviewed your front elevation drawing of the New Hope Bowl and see some possibilities that are encouraging. Any investment in upgrading the 1950's style building will be appreciated. However, the sign ordinance presents a technical problem, as we discussed. Please ask the legal property owner to send a quick letter to me requesting consideration of the same signage plan you have submitted. This building has a severe setback from the street of primary visibility, increasing the need for effective signage. I expect that we may initiate a review of certain sign code language, if we hear such a request from the business owner. Your timing may prove to be fortunate, since we are increasing our staff efforts to retain solid businesses in the community. My fax number is 531-5136 and phone is 531-5122. Douglas C. Smith Director of Fire & Safety ~Dduglas S~~d' Building Official/Zoning Administrator cc: ~le Family Styled City'~~ For Family LivinE POSSIBLE MODIFICATiONS TO SIGN CODE EXISTING "COMMERCIAL" SIGNAGE May, 1995 The following summarizes my observations of both commercial and industrial signage in the City of New Hope. It results from frequent customer requests for "reduced red tape" or "more flexibility" on the city's part, in addition to a staff recognition that the sign ordinance has problems. SHOPPING CENTERS with more than four tenants are regulated in detail, but attachment "A" {Shopping Center Ground Signs] illustrates that none of our 5 shopping centers m~ets the code ! There are six ways in which the existing signage strays from the ordinance: * too high * too close to prop. line * too many tenants listed * undersized center "ID" sign * variances approved * oversized tenant signs The copied photos of the 5 primary ground signs, Exhibits" B, C, D,E,F" reveal the variety of tastes and styles used. We even have one, "E'; that has the wrong center name on it: the actual name is "New Hope Mall'; but the sign says ''New Hope City Center". It is, also, too tall and too close to the property line~ Exhibit "E" shows the clutter created by too many tenants advertising on a ground sign; 18 spaces are a mess and unreadable to moving traffic, nearby. Our ordinance limit on five tenant signs makes good sense. Only two of the centers has a readerboard, but two others have requested permission for one, now prohibited by code. Since recent approvals were given for readerboards qt Winnetka Commons Center, staff suggest that restriction be lifted. In addition, fewer temporary sign violations seem to result at those properties that employ a readerboar£ Anything that we can do to reduce temporary sign violations will provide a public benefit. Requiring a center "ID" is critical, but several of our signs have an "ID" of about 20% of total sign area and seem reasonable. Why must they violate the~ code, just because they are less than 30 % ? Our required setback of 2O feet for these large signs is a valuable standard; all other signage in the city is allowed to be 10 feet from the p.l. Both sign height of 30 feet and the number of permitted signs are routine. Wall signage at shopping centers has not been a problem, except for the complicated process to "change" the approved Comprehensive Sign Plan: continued... SINGLE TENANT BUSINESS ground signs are the other problem area. Property owners are frustrated with our rigid allowance for up to 2- 75 sq. ft. ground sign~ but denial of 1- 100 or 150 sq. ft. sign that might look better ! Note that the 2 ground signs are allowed when the business has just 1 large wall sign. Since an effective visual separation is required for 2-75 sq. ft. signs, the appearance may be even bigger when they are placed atop the same pole/s with a 6" or 12" space between them. The Autohaus/Universal Color Lab signs are a good example. This example pertains to 42nd Avenue (Minor arterial). Principal arterials (State Highway #169) are allowed 2- 200 sq. ft. signs, while collector streets may have just 2- 40 sq. ft. signs, under parallel conditions. Perhaps we should allow the combined area on a single sign for collectors and minor arterials. I see no need to do the same for the very generous principal arterials. Ground sign height and minimum setbacks have not been a controversy. /~ SINGLETENjd,~TB~SINESSWALLSIGNSwouldbereasonableifallzoningdistrictspermit the maximum 15 % ratio of front wall coverage, as otherwise limited. The maximum 125 sq. ft. size is arbitrary and in the recent request of New Hope Bowl understood to be "too tough". Since their building location is so remote from the street, it is an exceptional case, but lends support to the pressure to restudy the 125 sq. ft. limit. These numbers are not sacred, but they have been used for many years. OBSOLETE & CONFUSING SIGN CODE LANGUAGE is an ongoing staff pustration. My guideline is ,"streamline & simplij~'; as you know. Among the code sections that cry out for "fixing" are the following: 3.116 Signs. 3.421 (1) Measured Distance. 3.43 Regulations and Permit Exceptions. 3.443 Building & Electrical Code. 3.465 (1)a Maximum Signage. 3.467 (1)j Council, Planning Commission involvement. · 3.467 (3)a Maximum Area 3.468 (1) General Business. 3.468 (6) Minimum Setback. Revised Street Classification Map. SIGN CODE BASICS Single Occupant Building WALL: FRONT: Two Signs; Max. 125 sf or 10-15% front face - the lesser SIDE & REAR: One Sign; 9 sf each side ~ rear for delivery GROUND: ONE or TWO SIGNS; Max. 40 sf x 15' high (collector) 10' from p.l. 75 sf x 20' high (minor arterial) " 200 sf x 30' high (State Highway #169)" * Multiple Tenant Buildings: SIGNA GE MUST COMPREHENSIVE SIGN PLAN MA TCH SHOPPING CENTERS: (More than four businesses) COMPREHENSIVE SIGN PLAN REQUIRED; GR 0 UND : ONE SIGN PER S TREE T FR ONTA GE; Max. 200 sf x 30' high 20' from p.l. Shopping Center I.D. must equal 30% or more of sign area. Tenant Directory must not exceed 70 % Max. 28 sf for each Tenant Max. 5 Tenant Signs WALL: Max. I Sign per Tenant (.2 for corner Tenant facing 2 streets) Max. 100 sf each or 15% of front face-the lesser SHOPPING CENTER GROUND SIGNS A B C D E F : MIDLAND POSTHASTE WTKCOMS Na¥.MAU. WTKCTR Number: 1 1 2 1 .. 1 Sign Size: 64 sf 150 sf' 160 + 120 200 200 "Height: '20' 20' 21' + 23' 33' ^ 35' ^ "Setback: 50' 10' ^ 20' + 20' O' ^ 20' "ID" 30% Yes No ^ No^ + No^ No ^ No ^ minimum Read/board Yes ^ No Yes^+ Yes^ No No Tenants- 5 1 18 ^ 4 + 1 0 3 too maximum too large ^ too large ^ large ^ '. '.) stt vrt hsvt bht NONCONFORMING ^ KEY: b = Nonconforming-too big or oversized tenant sign h = Nonconforming- too high s = Nonconforming-setback to p.l. r = Nonconforming-with readerboard v = Variance/s approved i = Nonconforming-No hiD" $0% min. or wrong name * t = More than 5 tenants listed [See attached corresponding photos B, C, D, E, F,] I I DISCt. ISUItE ). FUFIlNHIN[ GR.'AT C:::~ 0 P~INTING THE C C OLE pIPER INN F~E~S TAN LiNE iNSURANCE[ NAIL OESIGN 545-2~133 SUNBURST GIFT SHOPPE RAINBOW SPACE V~DEO 591-1397 ~OST H~STE KIRBY T~LO~S VACUUM SUPERIOR XCEL ~RIVINO SCHOOL HE~ SERVICES ~64,h SF~CHES BLUE STAR A,~O TOYS PROPER~ES ANYTHING POST HAS~ CATS HAIR WOMENS ~ ~NE C~SIGNME~ ~y ~ ) ~.~-' / CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 95-12 Request: Location: PID No: Request for An Ordinance Amending the New Hope Code by Establishing Regulations for Outdoor Sales of Seasonal Farm Produce and Allowing Sales in the Commercial and Industrial Zoning Districts Commercial and Industrial Zoning Districts Zoning: Petitioner: Report Date: Meeting Date: B-l, B-2, B-3, B-4 Commercial, and I-1 and 1-2 Industrial Zoning Districts City of New Hope July 28, 1995 August 1, 1995 BACKGROUND 1. City staff are requesting consideration of An Ordinance Amending the New Hope Code by Establishing Regulations for Outdoor Sales of Seasonal Farm Produce and Allowing Sales in the Commercial and Industrial Zoning Districts. 2. This spring/summer the City has been approached by several farm produce providers who' inquired about establishing seasonal farm produce sales stands within the City. Under the existing City Code, any outdoor sales within the B-3 and B-4 Commercial and the I-1 and I-2 Industrial Zoning Districts require a conditional use permit. 3. Staff felt that the conditional use permit process was cumbersome, time consuming and expensive in consideration of the temporary nature of these seasonal produce stands. Permitting produce stands only by CUP creates a difficulty for the operators because the CUP process routinely takes six weeks, the application fee is $250, and detailed plans/survey information is required. Many cities in the metro area allow the sales of seasonal produce by an administrative permit process. 4. Staff generally feel that produce stands are desirable for the City if they are properly regulated, as they provide an oppommity for the New Hope residents to purchase fresh seasonal agricultural produce at convenient locations. o Staff obtained ordinance language from the City of Golden Valley on the subject, as they recently revised their Zoning Code to allow for the sale of seasonal produce through an administrative permit procedure instead of the CUP process. The City staff, City Attorney and the Planning Consultant then modified the language and prepared a New Hope ordinance which could be incorporated into the zoning and business licensing codes which would allow temporary farm produce sales within the City's commercial and industrial zoning districts. The draft ordinance establishes operating requirements and the need for an administrative permit. The benefit of an administrative .permit is to provide operators a rapid and inexpensive review/permit process, while ensuring the City has adequate opportunity to regulate such uses so that they are compatible and unobtrusive to adjacent properties and uses. Planning Case Report 95-12 2 July 28, 1995 7. The Codes & Standards Committee reviewed this ordinance at their July 25th meeting and recommended approval, subject to several changes. Subsequent to that meeting, the City Attorney prepared a revised ordinance, which is enclosed for the full Commission's consideration. The changes made to the ordinance subsequent to the Committee meeting are outlined in the correspondence from the City Attorney. The Planning Consultant has reviewed the revised ordinance and recommends approval. 8. Also, due to the fact that this ordinance will not be considered by the City Council until August 14th, the City Manager has given administrative approval for a farm produce sales kiosk to locate at City Center through Labor Day on a trial basis. This will give City staff and Commission/ Council members an opportunity to review the operation while this ordinance is being considered and put in final form. 9. A public hearing notice was published, however no mailed notice was required as this ordinance will be effective in all commercial and industrial zoning districts. Staff have received no inquiries regarding the ordinance. ANALYSIS 1. The Planning Consultant has prepared the enclosed report which provides an issues summary and review of the proposed ordinance. 2. The City Attorney has prepared the enclosed revised ordinance. The ordinance would be added to Section 8 of the City Code which deals with business regulations. 3. The ordinance would include the following general (abbreviated) requirements for sales operations (these are specifically identified and stated in their entirety in the enclosed ordinance): (1) No such operation shall take place in a zoning district for which it is not listed as a permitted use. (2) No such operation shall take place without first obtaining a permit for the sale premises. (3) Receiving such permit does not excuse the vendor from meeting other applicable local, state, or federal licensing or permitting requirements. (4) No such permit shall be good for more than ninety (90) consecutive days. The permit granted under this section may be extended an additional ninety (90) day period. (5) On unimproved property with no paved parking lot, sales transactions, promotional efforts or signs shall be set back at least twenty-five (25) feet from the street curb. On improved property with paved parking lots, sales operations may be located within any portion of the parking lot provided that minimum parking requirements for the property's principal use are maintained, normal on-site traffic circulation is not impeded and traffic visibility on abutting streets is not obstructed. No sales operations may be located in or cause damage to any landscaped area or elements on either improved or unimproved property. (6) Hours of operation shall be limited to the hours between 6:00 a.m. and 9:00 p.m. (7) Up to twenty-five (25) percent of the area occupied by a sales operation may be used for the storage and sale of processed agricultural products. (8) The maximum area occupied by any structure, booth, kiosk, vehicle, equipment or any Planning (9) (10) (11) (12) (13) (14) 4. The (a) (b) (c) (d) (e) (0 (g) (h) 5. The (a) (b) Case Report 95-12 3 July 28, 1995 combination thereof, shall not exceed 360 square feet. This limitation shall not apply to the product display area but does apply to any merchandise storage area. The site plan must clearly demonstrate that adequate off-street parking for the proposed event can be provided for the permit's duration without reducing the parking requirements of the principal use below minimum parking standards. Parking on the public right-of-way and streets is prohibited. Signage for the sales operation may be counted separate from the maximum allowed for the principal use. However, this waiver shall be limited to a maximum of two signs per site not to exceed a total combined area of 64 square feet of signage. Any use of an outdoor sound system in any connection with the sales operation shall not be audible from a distance of 10 feet from the sales structure or sales display area. Any additional site lighting detailed on the site plan must comply with the performance standards. Any on site cutting or consumption of produce or product is prohibited. (This was recommended by the City Health Inspector.) One trash can shall be provided on site and the sales area shall be cleaned daily. Overnight storage of any produce, product or merchandise on site is prohibited. ordinance would include the following requirements for applications: A completed application form provided by the City. A permit fee in an mount as set out in Chapter 14. Written consent of property owners,when required under the terms of this section. A detailed site plan indicating: (i) the exact dimensions and proposed location of any kiosk, booth, tent, vehicle, rack, barrel, or other structure or equipment and the dimensions and location of any proposed sales display area. (ii) for unimproved property, exact distance from the site to any street curb lines a minimum of twenty-five (25) feet. Drawings or photographs of any structures, vehicles, or equipment to be used for the sales operation. A parking and circulation plan showing how the proposed site meets the requirements of this section with regard to parking and on-site vehicular circulation. Dimensional drawings or photographs of any signs to be used for the sales operation, along with information on proposed sign size and location. A lighting plan, if additional lighting to existing site lighting is proposed. ordinance would include the following requirements for the application process: The completed application for any proposed sales operation shall be turned into the City's Building Officials at least three (3) weeks prior to the intended date of commencement of sales activity. The sales operator and property owner/manager shall be identified on the application as the applicant. The application and the permit, if issued, shall be signed by and considered binding on any involved operator and any owner(s)/manager(s) of property to be occupied by the sales operation. Planning Case Report 95-12 4 July 28, 1995 o o (c) The application process shall be coordinated through the City's Building Official. (d) After considering all elements of an application, the Building Official will notify the applicant of any revisions that might be necessary in order to gain permit approval. The permit, if issued, shall identify the sales operator, the effective date for the permit and all conditions governing the sales operation with regard to each element of the application. (e) A permit may be denied if a proposed sales operation cannot meet the permit conditions as determined by the Building Official. (f) A permit may be revoked after issuance if the operator or property owner(s)/manager(s) fail to adhere to the specified conditions. Section 4.102 of the City Code would be amended to allow the outdoor sales of seasonal farm produce as a permitted use in the B-1 Zoning District, which would roll-over to allow the use in the B-2 and B-4 Districts. Section 4.122 would be amended to allow outdoor produce sales as a permitted use in the B-3 District. Section 4.14 would be amended to allow outdoor produce sales as a permitted use in the I-1 District, which would roll-over to also allow the use in the 1-2 District. Section 4.022 of the Code, which contains definitions, would be amended to add the following' definition for outdoor sales of seasonal farm produce: 10. "Outdoor Sales of Seasonable Farm Produce. The sale, from an outdoor location which may include a temporary structure, tent, kiosk, booth or truck bed, by vendors who are not a part of the principal use otherwise occurring on the site, of Christmas trees or other agricultural commodities harvested in season and hauled fresh to the site." Section 14.08 of the Code, "Business and Amusement Fees," would be amended to add a permit fee for outdoor sales of seasonal farm produce, as follows: Outdoor Sales of Seasonable Farm Produce. Permit Fee (including extension) $100.00. (This fee was a recommendation from the Committee. Staff is currently conducting a survey of fees that other cities charge for this use and that information will be presented at the meeting.) 11. The Planning Consultant and City Attorney will be present at the meeting to address questions and possibly make further modifications to this draft ordinance. RECOMMENDATION Pending review and agreement by the Commission on all sections of the ordinance, staff recommends approval. Attachments: Public Hearing Notice City Attorney Correspondence Planning Consultant's Correspondence Proposed (Revised) Ordinance Planning Consultant's Report Building Official Comments Golden Valley Regulations Photos NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY ALLOWING OUTDOOR SALES OF SEASONAL FARM PRODUCE AND CHRISTMAS TREES AS PERMITTED USES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS City of New Hope, Minnesota Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota, will meet on the 1st day of August, 1995, at 7-00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing to consider the adoption of an ordinance amending the New Hope Zoning Code. Said ordinance will have the affect of allowing outdoor sales of seasonal farm produce and Christmas trees as a permitted use in the B-3, B-4, and industrial zoning districts, All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the zoning code amendment. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk to make arrangements (telephone 531-5117 TDD number 531-5109). , Dated the 12th day of July, 1995. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 19th day of July, 1995.} JiJL-27-95 THU 13:02 P, 02/09 CO]tI~ICK & SOND~L~,, P.A_ ATTO~eJ~Ey$ A't' LAW F-~linburgh Executive O~ce P~ 8525 ~inbrook Sui~ ~203 Broo~ P~k, Mhmeso~ TE~NE 1612) F~ (612} 4~ July 27, 1995 Kirk McDonald Management Asst. City of New Hope 4401Xy3on Avenue North New Hopes MN 55428 RE: Proposed Ordinance for Outdoor Sales of Farm Produce Our File No: 99.40068 Dear Kirk: Enclosed please find a revised Ordinance for the outdoor sales of seasonal ?arm produce for consideration at the August Planning Commission meeting. The Ordinance was revised to incorporate the recommendations from the Codes and Standards Committee meeting on July t§th. Section 8.312 of the Ordinance was extensively revised, Basically, I retitted the section "Requirements for Sales Operations'*, changed previous subsection 2 regarding maximum mite area to subsection 8 regulating maximum struoture area and renumbered the remaining subsections for a total of 14 requirements for a11 sales operations. [ realize this may appear a bit confusing, however if you read through the new revised Section 8.312 you will ?ind [ amended the permit ef£ective date to require a specific day for the commencement of the permit Der/od (see requirement 4)~ Z clarified the setback distinction for improved and unimproved sites and prohibited the location of these operations in landscaped areas (see requirement 5), [ eliminated any re~erence to handcrafted decorative d/splays, ! clarified the distinction between ~ sales structure and sa3e$ area with the former- being ]1mi?ed tO a 200 SO, it. maximum (see requirement 8), ! c3ar~fied the parking and signa~e ~ssues (see requirements 9 and 10), and ! added the additiona~ ~equirements prohibitin~ outdoor sound systems, JUL-27-95 THU 13:02 P, 03/09 Kirk McDonald Jmi? 27~ 1935 regulating additional site lighting, prohibiting on-site consumption of product and requiring a trash can and daily cleanup with nm overnight storage {see requirements 11 through 1~). Z also made t~e requested changes to the ~pplication process cT Section 8.313_ S~ecifically, in (1)id)ii) the site plan now requires the applicant to show t~e dimensions of a sales display area as well as the sales structure area, Also, a nmw $~ctlon (h} was added to require a lighting plan if additional lighting was proposed at the site, Finally, Sections 2 and 5 of the Ordlnan~e ~as amended to make this sales operation a permitted use in the a-1 and a-3 Zoning Districts which in effect allows this use as a ~ermitted use in all business districts within th~ Oit¥. ~ection ~ of the Ordinance WaS also ~mended to change the permit fee to $100,00 but make that fee aPp!ic~blo ~o any extension as well, Please contact me if you have any additional comments, amendments or recommendations. Very truly yours, · qteven A. Sondrall Slt2 Enclosures cc: A1 arixius (w/eno) JUL-28-1995 11:20 NAC 612 595 983? P.02×02 COMMUNITY PL ANNI '""'i) ES]GN · MARKET RESEARCH MEMORANDUM TO: Ki~ McDonald FROM: ~ Tea~ue/Ah- Brixius DATE: 28 luly 1995 Hope - Seasonal Agricultural $~les NO: 131.00 - 95.06 Our oiYlce has reviewed the City Attorney's draft of the Propo~ Ordinance for Outdoor Sales of Farm Produce and found that all of the issues discussed at the last Codes and Standards Committae m~-ting, and highligh~ in the Mern~ from our a/Yace dated 21 July 1995 were incoq)omted into the Proposed Ordinance. Therefoz~, our office recommends approval of the proposed amendment as w~ten. 5775 Wayzata Blvd.-Suite 555, St. Louis Park, MN 55416, (612) 595-9636-Fax. 595-9837 TOTAL P.02 ORDTNANCE NO. 96- AN ORDINANCE AMENDING THE NEW HOPE CODE BY ESTABLISHING RFGULATIONS FOR OUTDOOR SALES OF SEASONAL FARM PRODUCE AND ALLOWING SALES IN THE COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS @.312 The City Council of the City of New Hope ord&ins- Sec~..ion___~l. Section 8.31 "Outdoor Sa.les of Se~son~l Far~ Produce" of the New Hope Code is hereby amended by adding subsections 8.311 through 8,313 to read as follows: 8,311 Purpose_ ~n acknowledeement of the DUbl~c benefit to b~ f c~?,vld]n~ ,urban,, '- - ~~h ¢onvenSent - --.,lye cass to rural farm roduce the ur ose of th~$ section ~s to establish uide)in..s f_~ ermitt~n of '~em orar ~g,.ricu rs1 ~les ~tes. As a mature ~nner 'n suburb New Ho e 3acks suitable' ermanent or lon term oen s ace s~es to Oevote to_~ sales aetivit , Therefore it !,s th intent ~f this' section to modi c~rta~n zonin re uiremer~ts ~P~_~L_~.g_~_]_]~ for the uses contem ~ated b th~s section. wh~3e sti]~ ma~nt~in~n a level Of reoulation that Drote,c[s ,the general Dub3ic health, safety, end welfare. Requirements For Sa!e,s Operations; (1) No s h o station ehal3 take 3ace ~n a zon~n d{str~ct for which it is not 31sted as a j~ ~.se, ----, {2_.) .... NO such operation shall t~ke pla. ce without first ob.t ainin~ a Permit t. or the sa.la ..premi ~es in accoraan,c..e with the Dro. visiqne of this section., _Reoeivin_~ s.u~h, permit does n_ot excuse the vendo from meet i other' ann'1 ica~l~ ~_:_, - _. _ r ~ederal , ';" . .... . - ..-, '~', s~.a~e, ~ ~cens~ or erm3ttin re u1 rement s. No such permit she33 be _~ood for more than ninety _(..90) coj~secutive days. .The effective date of tho permit aha11 be i.ndicated or~ the aDo ~ ;.cat i on fqrm and._permit requ~re.O, by §~,,31'3 of this Co, de. No JUL-27-95 THU 13:03 P, 05/09 Atrq.oture_~__.,e, quiPment, or ,me,,rchandige shall b.( allowed a! the sal,~, prem.!,se~ prior t° tlie el'fectiv_e da.te. .of, the, perm!t, re.qa.r'd]ess of whethe.r, any__ actual sa,les ~ran,~actions occur, prior to, th,~ ~efrective.. date. The permit grant, ed under ~hi~ ¢~ctio~ m~y be extended an additiOnal ninety .day. pe r..i od., ' .(5) ~n unimproved, property ,~_,.~- nu paved parkin,q, lot, sales transactions, promotional efforts,, or sha, l l be set back at ]east twenty-five (25) fee( from the, ~treet. curb, ,On improved PrOPerty W~tH' p~aved parking lots, s~]es operations may be w~t~in any ~orti,on of th,e ~arking 3ct provided t~at m~nimq.m p~r. king requi rements for the ~rope'rty'~ ~incipal use re~ulrrd by ~4.O36 of th,j~ Cpde maintained, norma3 on-~ite, traffic cjrou3atlon not impeded" and traffic v.i~bi3ity on ~.reets i,s not obstructed. No s=.]es ooerati,,pns may be locater iD o.r cause damage to any 3andsoappQd ~rea or elemn,nt~ qn either improved or unimproved property,. _(e) Ho. urn of operation ehall ,be limited to the hou,r~ b~tween 6:00 a,,.m, ,and 9:00 p.m~. (7.~ Up t.O twenty-five (25) Derc~n,t of the area occuoied by a ~al~8 operatio~ may, be used ~o~ the storage ~nd sale of processed a~ricultura] acoducts..such as boney or juices if,. in, the. judgment of the Cit% ~taff, the amount and t~pe of prodqct still meets ~he.!nte~t o~ thls sec~i.0n~ - (.8_.)_ ~he .maximum area occppied by.any structure, booth, k__i_osk, vehicle, equipment OF any combi_n.~tion' thereof, sh~ll not exceed ~60 square feet. Thic limitation shall not apply to the Product diSpla~ ~rea but does apply to any merch~'ndise stora~ are~ not accessible by customers of t,he ~ales operat.ion_, (9) The site plan must Glearlv demonstrate that .adeQuate off-street p~rking for the proposqd even~ can be provided for the permit's duration without reducing the parking req~ijrements of the principal use below min.jmum aarking standards of this Code, Determination of. compliance wit,h this requi.r~me.n__t shall be.made by the Cit~.,,BUildin~.,O~ficial. wh~ ~hal, t cons'id__e.r tine natyre _,of t,he , 8ale and , th~ applicable p. ark4ng requirements., o.r this .Code_,_, Corls~der~at"~..,O__Q. ~hall be given, tO t~e Da~king need~ ~n~ rpqu.~rem~nts of" other occupants of ~enter~ an¢ mul. ti-t~naot build,nas. Parking on [he pub. l ic-~-of-wa~ end ~treets ls Prohibited. _(10)_ $~gn~ge for th~. sales o er~tion m~ be counted .Separate fro~ the maximum al lowe~..for the PrCnc~pal u~.o otherw'i~e oc.cupyi.ng the ~te However~ th w~iver shall be l~m~. ' ' · . ~er ,,te not ~qu . - d ar~a of are feet pT s~ gnage, Such s~Rns aha11 l~cated, e~r w~th~n the ~ree oc~ ~ed b ~]es o erat~r as an attachment to.s~ ~n ~or. the principal use otherwise occupying ~ rove the exaot s~-~ an case ~ use Of.~r sound s stem ~n an ~nnect~on w~th the aales o eratlon shall ~ot ~ud~b~e .fro~ a distance pT 10 feet from the sale~ st ructure~area. ~~" ,Any add~t~,pnal s~[e 11ght~nR ~eL,a~led on the ~lan. must comply w~tb the Performance standards ~4..033(5) of th~s Code, , ~ny, on site cuttfng .or con~umot~on of produce Drodu. c~ ~8 oroh~b~ted~ One trash can shall be,_ ro 'dad on s~e and the sales ~~ be clewed da~ 1 . Overni stop e of an ro~uce roduct oF mercha~ s~te ~s roh~bited. - A..~,Dp 1 ~ cat.¢ OhS. (1) ~e ired Elemente of A lication. In Order to b~ accepted for re¥~ew,, all appl~q~iona, loC, seasonal f~r(~ produce, sales operations shall include th; f__o.l!owin~- La__l A completed application form provided by c_i.t y ._ ..... 3 ,J0.-27-95 THO 13:04 P, 07/09 ' (b_~ ~ ~ermit roe in an amount_ as set out in 9hapter .14, " ' -- lc) W_rltten consent of ._Drooe[,ty o~n.ers~ when £eouired.undA,r the ter~s of,this se.c~ion. - ~ A detailed site plan .JJI~LJ_c~LJ_D.g.L ,(i). ~ho ox.act dimensions and P~ ~oca~ion of any kiosk, booth, tentL ~ehi. cle,,,rack, barrel, or..other struGt'ur~ or equipment and the d~mens~,!ns_s__~dd l~ocatior] of. any DroDosed sal.es dis~ay a__.r.e~L i_~ for, unimproved property., exact distance from the_site to any street curb lines.m m_,in~m.um of twenty fl.ye (~§') feet, Dry'swings or pho. to_¢lranhs of any structures, vehicles, .or equipment to be used for the .Sales operation, ' ' - (f~ A___p_~_[.kin: and ci. rcul. atio. n plan showin~ how the mroDo~ed site meets the requi.remgnt~._of this section wi.th regarO to.. Parking and on-sit~ vehic______.ul.ar circulati'on. ' ' Dimensional drawings or Dhoto~raphs of an~ s__igns t~. be us. ed ~or the .sales opeFation~ _a_~ono with info~at~q.n on ~rooosed sign siz~ and A liahting _plan, if ,additional lighting to existing site lig.h'ling is ProDOSed. shoWin? ~omoliance with the lighting Derformance s__t~.ndards of this Code, "- (2). Application Process, ThR completed application for any proposed pales opera, ion shall be t~rned .into the ~.~.~C~y~ldina Officials. at least three (3} ~_eeks prior to the , intended date. of co$$en~ement of sa?es activity, 4 , 5UL-27-9S THU 13:04 P, 08/09 The ~' be~.~_.h_e_ a .~icat~on a,s th~ ' ~-a~or.. aqd property owne. r/.man,a~ie~, shal ~_~?]"~,cant, Th..e opplicat~oI~ and the ~erm~"t, ~ issued, shal] b,- . sianed by and considered' ~-indi..ng. o~ involved o ere~{or--'~"=;~u' owne~(s)/manager(s) of ~rooerty to be~ by the sales operation.. The application process shall be coordinated through the City's Bu~ld'~nff Of¢~c'~al -- ~ter ,cons~der~ ng al~ elemenl s of an ~t.cat~on, ~he Bu~ldfn~ O~c~a] w~33 not~ t he apo ' " ' · . 1~ t of an revls~ons that m~ ht be .neceesar~ ~n order to 9a~n. permit ~PDroval,~ ~he pe~Tmit~ i~ issuea, aha]3 ~dent~fy the s~3es ' "" ooerator, the effective date ~or the ~erm.~t ~'d'all conditions eoverntn.g the Sale~ ~er~t~on W~Lh reear~ to each element o¢ th~ ~P3 ~ ca~ ion~ ' .~ ~ permit may be aeni,e~ if a Oro~osed sale~ 9pe~aTipn cannot, meet the, permit conditions ~,,~ ~.ete~m~ned by t,he BuildinR Official ' ,A ~r'm~t may be F~yoked after ~,ssuance if tho 9Perat~ or ~~: ~~ er's fai~ ~o adhere ~o the spec~rie~ conditions. Sect. i. on 2. Section 4.102 ".Permitted Uses B-I" of the New Hope City Code ia hereby amended by adding subsection (22) "gutdoor Salee.,of Seasonable Farm Produc~" to read as follows: (22) Outdoor Sales.of. Seasonable Farm Produce, Subiect to the Eermit requiFement.s of Ch,apter 8 of th~s~o,de. Se-_-ct~..on 3, Section 4.022 "De~init~on~" of the New Hope Cit¥ Oode is hereb'~ amended by adding subsection (104A) "Outdoor Sale~ Df ~e_~ason.able Fa, rm Produc~'" to read as follows: ' ' (t04A) Ou___tdoor Sales of 8~sonable Farm ~ro_cO_d~. The sale from an outdoor.__Locati on 'ch ma include a tam orar stru______c..ture tent kiosk booth or truck bed b vendors ~:JL-2'7-g5 THU 13:0B P, 09/09 who ar~ not a pa, rt, of the principal use oth..rwieQ ~ccur~inR on the S~t~I O~ Chr~st~.s trees or other ~ricuttur.~ commodi.t.ies'b~rv~$ted in ~eamon and ~_resh.tp the s,ite. ' ' -- Section 4. Section 4.14 "Z_=l Limited [n~ustrial...Zon~nq District" of the New Hope City Code is hereby amended by adding subsection (15) "~tdoor sa]es of Seasonable Farm Produce" to rea~ as follows- '' ' (15) Ou[door Sal. es of.Sea~onable Farm Produce. Per'~t~.,raqu~rements of Chapt,er- 8 o¢,,thi, s ~q.d~, Se~t.~an.___~. Section~"Permltted Usee, .B-3" of Nop~ City Code i~ hereby amen~d by adding ~u~section (7) ~l,e~ or ~ea$ogaDle F~r~ Produc_~" to read as follows: (7) Outdoor g,alea of Se~onable ?.a~~. ~ubject to th~ permit requiremen, te of. Chanter 8 of this C,odA. ' _S. ubiect,l:o .~he the New "Outdoor ~.ecti, on ~. Section 14.08 "BH~iness and Amusement Femc" of the New Hope C~ty Code is hereby amended by adding subsectio~ 14.104 "O__ufd~or Sale~ of Seasonable ~,arm ,Produc~" to read as follows: 14.104 Qutdoor,Sales of Seasqnable F~rm P.r. oduce. Permit Fee - ~ (in,pludin~ extens, ion~_ ~,ct,~qn Z.- Effective Date. This Ordinance sh&11 be effective upon its passage and publication. Dar ed t he day Of . 1995. At t est: Valerie Leone, City Clerk Edw. J. Er'ickson, Mayor Published in the New Hope-Golden Valley Sun-PoSt the , 1995,) day of ' Northwest Associ. a.ted ,C nsultants, Inc. COMMUNITY PLANNING DESIG ,O MARKET RESEARCH MEMORANDUM TO: FROM: DATE: RE: FII~E NO: Kirk McDonald Alan Brixius 21 July 1995 New Hope - Seasonal Agricultural Sales 131.00 - 95.06 BACKGROUND New Hope has been approached by farm product providers who have inquired about establishing seasonal farm produce sale stands within the City. Currently, any outdoor sales within the B-3 and B-4 Commercial and I-1 and I-2 Industrial Zoning Districts require a conditional use permit. With respect to these temporary seasonal sale stands, the conditional use permit process is cumbersome, time consuming and expensive. In acknowledgment of the benefits to the residents of New Hope by providing an opportunity to purchase fresh seasonal agricultural produce, City staff has prepared language which may be incorporated into the zoning and business licensing codes which will allow temporary farm produce sales within the City's commercial and industrial districts. Attached are recommended changes to the zoning and business licensing codes, draft by the City Attorney, to allow seasonal farm produce sales. These changes are based upon a similar ordinance recently adopted by the City of Golden Valley. The draft ordinance language establishes operating requirements and the need for an administrative permit. The benefit of an administrative permit is to provide operators the most rapid and less expensive review/permit process, while ensuring the City has adequate opportunity to regulate such uses so that they are compatible and unobtrusive to adjacent properties and uses. The following is a brief analysis of the City Attorney's provisions of the attached sample ordinance. 5775 Wayzata Blvd.- Suite 555 · St. Louis Park. MN 55416 · (612) 595-9636.Fax. 595-9837 ISSUES SUMMARY Definition. Section 3 of the draft ordinance amends Section 4.022 of the New Hope Zoning Ordinance to add the definition of outdoor sales of seasonal farm produce. The definition clearly states that these sales are to be temporary sale of freshly harvested agricultural produce. Such sales operations are not to be a part of the normal business operations at the location where the sales operation locates. Zoning District. Sections 2 and 4 of the draft zoning amendment establishes outdoor seasonal sales as a permitted use in the B-3 and I-1 Zoning Districts. This amendment would also allow it to roll over into the B-4 and I-2 Zoning Districts. In staff discussion, it was determined that these seasonal sale uses would be appropriate in all of the City's commercial and industrial districts as a permitted use, provided they complied with permit performance standards. Commercial Districts. The draft ordinance should be expanded to allow the outdoor seasonal sales in the B-1 and B-2 Commercial Zoning Districts. Industrial Zoning. While a number of industrial sites offer the land area and visibility that would be attractive to seasonal sales, we raise issue with introducing retail sales into an industrial zoning district. This type of land use mixture has created compatibility and traffic problems in the past. Staff suggested that in keeping these seasonal sale uses at the periphery of the industrial areas, the uses may be appropriate. To accomplish this, the City may require seasonal sale sites in industrial zoning districts to have frontage on either a community collector or minor arterial, as specified in the New Hope Transportation Plan. As illustrated in Exhibit B, this provision would limit the number of industrial sites appropriate for seasonal sales and prevent the retail use traffic from penetrating the industrial areas. Outdoor Seasonal Sale Performance Standards. Section I of the draft outdoor seasonal ~es ordinance amends Chapter 8, Business Licensing of the New Hope City Code to establish the performance standards and permit requirements for this type of use. The draft ordinance generally follows staff discussion. The following comments are offered to format and ordinance content: Section 8_312.(1)_ Ro~uimment.q for All f~. ~ration~. We believe that the parking and signage provisions in the following provision (2) should be moved to this section in that they are applicable to all sites and don't specifically apply to site size. Section 8_312.(I)(d) Terms of Permit. To avoid controversy and enforcement problems, we would suggest that the term of the permit run strictly from the date of issuance and not be tied to site occupancy. This avoids claims of an extended term on a permit if the site is vacated for a number of days. Section 8312_(1)(e) Sethack~ In staff discussions, sales locations were felt to be appropriate in the following areas: On undeveloped lots, the sales areas and structures should be setback 25 feet from any street curb and be located outside of any street boulevard. Tying the setback to curb line avoids the need for site survey for this temporary use, is easily understood, and is easy to police. On developed sites, the sales area and stands should be confined to a portion of an improved parking lot. This locational requirement establishes a proper setback, requires the sales and any structure to be located on an improved surface, and avoids sales or structures from intruding on established landscaped areas. The siting of the sales area within the improved parking lot should not reduce the amount of parking for the principal use, resulting in a parking shortage. The sales location must not interfere with on-site traffic circulation or the traffic visibility on adjoining streets. We do not believe the sales area should occur on landscaped yards on improved lots. The correction of damage to these landscaped areas will present enforcemem problems for the City in the future. With agreement by the Code and Standards Committee, we would recommend that Provision 8123.(1)(6) should be redrafted to address the aforementioned parameters. Section g_312.(2)(a) Maximum gite Area far gales ~C~ration. The limitation of 200 square feet should apply to the structure, trailer or vehicle used for the sale of produce. The 200 square feet is slightly larger than a single parking stall and is reflective of. the sales structures presented to the City. The actual size of the sales area beyond the sales structure was not del'reed by staff, other than the sales are cannot interfere with internal circulation of the site, the operation of the principal use, and must meet required setbacks on unimproved lots. Section 8.312.(2)(a) should be revised to reflect the aforementioned issues. Section 8.312 (2)(b) Parking. We believe that this provision should be addressed under SeCtion 8.312.(1). In staff discussion, the following parking objeCtives were outlined: On improved lots, the sales area and related parking must be located within an improved parking lot. No additional parking would be required provided the sales area did not interfere with on-site circulation or result in on-street parking. On unimproved lots, the City would not require an improved parking lot, however, parking on-site would still be required in that on-street parking is prohibited. The first sentence of provision b. is confusing in addressing unimproved lots. The Codes and Standards Committee may wish to consider adding language to distinguish between improved lots and unimproved lots. S~tinn 8_312.(2)(c) gignage_ We believe that this section should be addressed under Section 8.312.(1). We would recommend that this provision more clearly specify desired signage. In reading the provision, it appears that a seasonal sales may have two freestanding signs 32 square feet in area and signage on the structure up to 64 square feet. The seasonal sales will be located in highly visible areas of the City. As such, the signage may be more limited. We would suggest a single ground sign or signage on a vehicle not to exceed 32 square feet, and 64 square feet of signage on an improved kiosk or structure. Other Performance Rtandardq_ 1. The permit performance provisions should specify prohibited outdoor sound systems. Any site lighting should comply with the City's regulation for glare outlined in SeCtion 4.033.(5) of the City zoning standards. Section 8.313 Applieatinn_ SeCtion 8.313.(1)(d)(i). This provision should include "sales area layout" in the event that sales are expanded beyond the proposed structure. SeCtion 8.313.(1)(h). A new provision should be added to include a lighting plan if applicable to the site. 4 Section g_313_ Application Proce~;_ We agree with the drafted provision addressing the application process. CONCLUSION The staff concerns for proposed seasonal sale uses are beneficial to the City. The Codes and Standards Committee should review the draft ordinance and consider the suggested changes outlined in this report. ORDINANCE NO. 95- AN ORDINANCE AMENDING THE NEW HOPE CODE BY ESTABLISHING REGULATIONS FOR OUTDOOR SALES OF SEASONAL FARM PRODUCE AND ALLOWING SALES IN THE B-3, B-4 AND INDUSTRIAL ZONING DISTRICTS The City Council of the City of New Hope ordains: Section 1. Section 8.31 "Outdoor Sales of Seasonal Farm Produce" of the New Hope Code is hereby amended by adding subsections 8.311 through 8.313 to read as follows: 8.311 Purpose. In acknowledgement of the public benefit to be gained by providing urban residents with convenient and cost-effective access to rural farm produce, the purpose of this section is to establish guidelines for the permitting of temporary a~ricultural sales sites. As a mature, inner ring suburb, New Hope lacks suitable permanent or long term open space sites to devote to such' sales activity. Therefore, it is the intent of this section to modify certain zoning requirements specifically for the uses contemplated by this section, while still maintaining a level of regulation that protects the general public health, safety, and welfare. 8.312 Requirements. (1) For all Sales Operations. (a) No such operation shall take place in a zoning district for which it is not listed as a . permitted use. (b) No such operation shall take place without first obtaining a permit for the sale premises in accordance with the provisions of this section. (c) Receiving such permit does not excuse the vendor from meeting other applicable local, state, or federal licensin~ or permitting requirements. EXHIBIT A .(d) (e) (f) (g) No such permit shall be good for more than~ ninety (90) consecutive days. This shall1 ~ include, each day, or any part thereof,, durin.,q\~.,¥ which any structure, equipment, or merchandise ~% can be found at the sale premises, regardless} of whether any actual sales transactions occur/ on that day. The permit granted under this / section may be extended an additional ninety / (90) day period. No sales transactions, promotional efforts or signs shall take place or be located within twenty-five (25) feet of any street curb. Sales operations may be located within all setback areas provided that any damage to or alteration of landscaping elements is subsequently corrected, and providing that the City staff find no potentially hazardous situations that could occur because of the location of the sales site. Hours of operation shall be limited to the hours between 6:00 a.m. and 9:00 p,m. Up to twenty-five (25) percent of the area occupied by a sales operation may be used for the storage and sale of processed agricultural products such as honey, juices, or hand-crafted decorative display items if, in the judgment of the City staff, the amount and type of product still meets the intent of this section. Maximum Site Area For Sales Operations. (a) The area occupied by a sales operation shall be calculated to include any structure, vehicle, equipment, and merchandise storage or display area, plus an extra two feet of clear space beyond the limit of such elements at any location where customer circulation can be expected to occur. In no case may an individual sales operation exceed 200 square feet. 8.313 The sales operation shall not add to the on- site parking requirement for the subject property, but it must not impede normal on-site vehicular circulation. The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the sale. Determination of compliance with this requirement shall be made by the City Building Official, which shall consider the nature of the sale and the applicable parking requirements of this Code. Consideration shall be given to the parking needs and requirements of other occupants in the case of shopping centers and multi-tenant buildings. Parking on public right-of-way and streets is prohibited. (c) Signage for the sales operation may be counted separate from the maximum allowed for the normal business otherwise occupying the site. However, this waiver shall cover a maximum of two signs per site, each of which may be two sided; and shall cover a maximum combined size, based on one side only, of 32 square feet. An approv~ed kiosk or structure may have~- 64 square feet of signage. Such signs shall be located either within the area occupied by the sales operation or as an attachment to an existing sign for the normal business otherwise occupying the site, provided that the City staff must in any case approve the exact si9n location. Applications. (1) Required Elements of Application. In order to be accepted for review, all applications for seasonal farm produce sales operations shall include the following: (a) A completed application form provided by the City. (b) A permit fee in an amount as set out in Chapter 14. (c) Written consent of property owners, when required under the terms of this section. .(d) A detailed site plan indicating. (i) the exact dimensions and proposed location of any kiosk, booth, tent, vehicle, rack, barrel, or other structure or equipment; ~,.,~,j~,~,. ~.. (ii) for unimproved property, exact distance from the site to any curb lines within twenty five (25) feet. (e) Drawings or photographs of any structures, vehicles, or equipment to be used for th~ sales operation. (f) A parking and circulation plan showing how th~ proposed site meets the requirements of this section with regard to parking and on-sit~ vehicular circulation. (g) Dimensional drawings or photographs of any signs to be used for the sales operation, along with information on proposed sign size and location. (2) Application Process. The completed application for any proposed sales operation shall be turned into the City's Building Officials at least three (3) weeks prior to the intended date of commencement of sales activity. (b) The sales operator and property owner/manager shall be identified on the application as the ~pplicant. The application and the permit, if issued, shall be signed by and considered binding on any involved operator and any owner(s)/manager(s) of property to be occupied by the sales operation. (c) The application process shall be coordinated through the City's Building Official. (d) After considering all elements of an application, the Building Official will notify the applicant of any revisions that might be necessary in order to gain permit approval. The permit, if issued, shall identify the sales operator and the approved dates for the (e) (f) sale, and shall specify all conditions governing the sales operation with regard to each element of the application. A permit may be denied if a proposed sales operation cannot meet the permit conditions as determined by the Building Official. A permit may be revoked after issuance if the operator or property owner(s)/manager(s) fail to adhere to the specified conditions. Section 2. Section 4.12F"B-3 Auto-Oriented Business District" of the New Hope City Code is hereby amended by adding subsection (7) "Outdoor Sales of Seasonable Farm Produce" to read as follows: (7) Outdoor Sales of Seasonable Farm Produce. Subject to the permit requirements of Chapter 8 of this Code. Section 3. Section 4.022 "Definitions" of the New Hope City Code is hereby amended by adding subsection (104A) "Outdoor Sa]es of Seasonable Farm Produce" to read as follows: (104A) Outdoor Sales of Seasonable Farm Produce. The sale, from an outdoor location which may include a temporary booth or truck bed, by vendors who are not a part of the normal business otherwise occurrin~ on the site, of Christmas trees or other agricultural commodities harvested in season and hauled fresh to the site. Section 4. Section 4.14 "I-1 Limited Industrial Zoning District" of the New Nope City Code is hereby amended by adding subsection (15) "Outdoor Sales of Seasonable Farm Produce" to read as follows: (15) Outdoor Sales of Seasonable Farm Produce. Subiect to the permit requirements of Chapter 8 of this Code. Section 6. Section 14.08 "Business and Amusement Fees" of the New Hope City Code is hereby amended by adding subsection 14.104 "Outdoor Sales of Seasonable Farm Produce" to read as follows: 14.104 Outdoor Sales of Seasonable Farm Produc~, Permit Fee - Permit Extension - $25,00 $20.00 Section 7. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1995. Attest: Valerie Leone, City Clerk Edw. J. Erickson, Mayor (Published in the New Hope-Golden Valley Sun-Post the , 1995,) day of O~ GOLDEN VALLEY OITY OF: NEW HOP~ Principal Arterial ~ Minor Arterial ~ Community Collector. ,, , Neighborhood Co/lector Figure 10 Functional Claeeification Syetem 0 I 100 220O Boneetroo Ar~Jerllk & EXHIBIT B TO: KIRK McDONALD tx FROM: DOUG SANDSTAD DATE: JULY 19, 1995 SUBJECT: DRAFT ORDINANCE- "OUTDOOR SALES OF FARM PRODUCE" I have reviewed the first draft (Sondrall cover letter dated 7-14-95) of the ordinance we discussed and have these suggested corrections / improvements: * 8.312 (1)g DELETE reference to "hand-crafted decorative display items" * Add 8.312 (1) h 'Wo music or sound systems can be used in or near an approved sales operation site" that is audible more than 10 feet from the kiosk, gazebo or sales site. * 8.312 (2) Rename "Sales Area Standards." Rename the 3 subsections: (a) "Space" (b) "Parking" (c) "Signs" * 8.312 (2) a Change the last sentence to say "360 square feet". * 8.313 (1) d (ii) Change to "exact distance from the site to any street curb lines a minimum of 25 feet away". *Add Section 5. "Section 4.132, B-4 Community Business District of the New Hope City Code is hereby amended to add subsection (48) 'Outdoor Sales of Seasonal Farm Produce'. " * Section 6 which includes fees in Chapter 14 should be much higher; The City of Edina allows only 3 such stands at locations they designate and charges $1,000 each, per year. They funnel much of the revenue into a local arts non-profit oganization. I recommend $ 200 per 90 day permit and any extension permiL Let me know, if you have any questions. cc: Sondrall file MEMORANDUM Oate: To: From Su,,ject. March 8, 1995 Golden Valley Planning Commission Mark W. Grimes, Director of Planning and Development Amendments to the Zoning Code to Permit Seasonal Farm Produce Sales by Administrative Permit This past summer, a sweet corn/vegetable sales stand was established at the Golden Valley Shopping Center in violation of the Zoning Code. The vegetable stand was in violation because such sales are permitted in the Commercial Zoning District only by Conditional Use Permit. This sales operator did not apply for a CUP, but was only given permission by the owner of the shopping center to operate the stand. Staff told the owner of the shopping center and the operator that the stand had to be closed. It was closed and did not operate for the remainder of the summer. This vegetable stand. operator and other operators have asked the City to consider a change to the Zoning Code that would permit such stands by Administrative Permit rather than by CUP. Permitting vegetable stands only by CUP does'create a difficulty for the vegetable stand operators. It takes two to four months to go through the CUP process. The operators would have to start looking for their locations about now in order to go through the CUP process for the 1995 season. The process is also expensive because of the application fee ($250) and the information required as part of the CUP process. Also, the operators have suggested the Administrative Permit route because many other cities in the metro area regulate vegetable stands by that method. The general feeling of staff is that vegetable stands are desirable for the City if they are properly regulated. Many of us buy at such stands because it is a custom of summer and the produce is fresh. Staff recommends that an Administrative Permit system be used to regulate such produce stands. Attached is a draft of recommended changes to the Zoning Code that would permit produce stands and Christmas tree sales. The first necessary change is to define what seasonal farm produce is. The definition clearly states that such produce sales are temporary in nature and not a part of a normal business otherwise located on the site and that the sale must be for Christmas trees or other agricultural commodities harvested in season and hauled fresh to the site. Season Farm Produce Sales Page Tv,,,o Currently, the City does permit Christmas tree sales by a special permit. This is not regulated by the Zoning Code. The proposed ordinance would require that this special permit section of City Code be eliminated and that all tree sales be done by Adminis- trativePermit. I want to make the Commission aware that this may cause some concern for churches or schools. I believe that there has been at least one church that has sold Christmas trees from their parking lot. Staff is suggesting that produce sales (including Christmas tree sales) be only permitted in the Commercial Zoning District. I would tike to get input from the Commission regarding the use of non-commercially zoned land for produce sales. The Zoning Code would also have to state in which zoning districts seasonal produce stands would be permitted. As stated in the paragraph above, staff is suggesting that such sales be permitted only in the Commercial Zoning District. In Golden Valley there is a small amount of Commercial property. However, the retail sales of produce is consistent with the intent of the Commercial Zoning District and not the intent of other zoning districts in the City. Some may argue that such stands should be allowed along the 1-394. corridor where the great majority of the property is zoned Industrial. Staff believes that such property is already so intensely used that adding temporary retail sales of produce would further congest the area. It seems that the most logical Iocatior~' for such produce stands is in those few commercial areas in the City, such as Valley Square, where there is parking and good access. The proposed ordinance regulating the produce operations is fairly simple. It establishes an Administrative Permit process that is administered by the Inspections Depa~rnent. The criteria and rules for such produce stands and Christmas tree sales are outlined in the Ordinance. The following are some of the highlights of the Ordinance: The permit shall last for no more than 45 consecutive days. This is generally the length of the fresh produce season in Minnesota (including Christmas trees). There is some flexibility in the Ordinance that would allow a site to be used for a limited number of days each week for up to six months per year. There are rules regarding the location of the sales in regard to both the public right-of-way and the property lines. In particular, staff believes that no sales shall occur within 25 ft. of any property line or in a street. Persons wanting to buy produce should park in a parking lot. No parking is permitted on the street. The ordinance does allow for up to 25% of the area occupied by the sales operation to be used to sell processed agricultural products such as honey, juices or handicrafts. Seasonal Farm Produce Sales Page Three The ordinance limits the size of individual sales operations to 180 sq. ft. No more than two such operations could operate on one site if there is a joint application. The sales operations shall demonstrate that there is adequate space on the site for both access and parking in addition to space for the parking and access for the permanent occupant of the site. This will have to be a judgment call of the City staff to determine if there is adequate 'parking on a particular commercial site to allow a produce stand. In most cases in Golden Valley, existing commer- cial businesses only meet or are below the required number of parking spaces required by the code. Staff would have to be convinced that the existing uses on a particular commercial site did not need the all the parking area available to it. The sales operation would be allowed a limited amount of signage to advertise . the sate. The maximum signage per site is proposed to be 32 square feet on no more than two signs. (The size of the signs is based on one side only.) If there' would be b,¥o sales operations on one site, the two sales operations would have to share the 32 square feet of signage. ' The staff has created a separate category for Christmas tree sales. The parking; access and signage calculations would be the same as for produce stands. There could be two concurrent sales on one lot. (This would seem very unlikely.) There is an application procedure as outlined in the Ordinance. The information requested would allow the staff to make the judgment regarding the issuance of the permit. The staff would have the ability to suggest changes to the sale plan. If the permit is issued and the operator fails to meet the requirements of the permit, the permit will be revoked. There would be a filing fee of less than $100. Both the owner of the site and the sales operator are responsible for the produce sale operation. Seasonat Farm Produce Sales Page Four Recommendation The staff recommends approval of changes to the City Code that would allow the sale of seasonal produce by Administrative Permit in the Commercial Zoning District. This process would also include the sale of Christmas trees and the elimination in the City Code of tree sales by business license as is now permitted. Staff welcomes comments by the Commission regarding the districts in which seasonal produce sales will be permitted and other comments regarding such issues as sign size and parking. MWG:mkd Attachments: Deletion of Sec. 6.37. Christmas Trees Addition of Sec. 11.03, Subd. 82.5 Addition of Sec. 11.30, Subd. 3 (11) Addition of Sec. 11.78 (in its entirely) Ordinance No. 127, 2nd Series AN ORDINANCE AMENDING THE CITY CODE CHAPTERS 6 AND 11, BUSINESS LICENSING AND LAND USE REGULATION (ZONING), PROVISIONS RELATING TO SEASONAL FARM PRODUCE SALES BY ADMINISTRATIVE PERMIT The City Council for the City of Golden Valley does hereby ordain as follows: Section 1. City Code Section 6.37, entitled "Christmas Trees" is amended by deleting it in its entirety. Section 2. City Code Section 11.03, entitled "Definitions", is amended by adding 82.5 as follows: 82.5 "Seasonal Farm Produce Sales" - The sale, from an outdoor location which may include a temporary booth or truck bed, by vendors who are not a part of the normal business otherwise occurring on the site, of Christmas trees or other agricultural commodities harvested in season and hauled fresh to the site. Section 3. City Code Section 11.30, entitled "Commercial Zoning District" is amended in Subd. 3, "Permitted Uses" by adding the following: II. Seasonal Farm Produce Sales Section 4. City Code Section 11.46, entitled "Institutional Zoning District" is amended in Subd. 3 "Uses Permitted" by adding the following: Subd. 3A(4). Seasonal Farm Produce Sales Section 5. City Code Section 11.78 is added as follows: Section 11.78 SEASONAL FARM PRODUCE SALES Subd. 1. Purpose. In acknowledgment of the public benefit to be gained by providing urban residents with convenient and cost-effective access to rural farm produce, the purpose of this section is to establish guidelines for the permitting of temporary agricultural sales sites. As a mature, inner ring suburb, Golden Valfey lacks suitable permanent or long term open space sites to devote to such sales activity. Therefore, it is the intent of this section to modify certain zoning requirements specifically for the uses contemplated by this section, while still maintaining a level of regulation that protects the general public health, safety, and welfare. Subd. 2. Requirements. A. For all Sales Operations. Ordinance No. t27,2ndSeries-Continued Page Two 1. No such operation shall take place in a zoning district for which it is not listed as a permitted use. 2. No such operation shall take place without first obtaining a permit for the sale premises in accordance with the provisions of this section. 3. Receiving such permit does not excuse the vendor from meeting other applicable local, state, or federal licensing or permitting requirements. 4. No such permit shall be good for more than forty-five (45) consecutive days. This shall include each day, or any part thereof, during which any structure, equipment, or merchandise can be found at the sale premises, regardless of whether any actual sales transactions occur on that day. However, a single permit may be issued for a period of up to six (6) months at a time provided that the operation so permitted occupies the same site according to a regular schedule not to exceed two (2) days or portions thereof per week and also provided that the operation so permitted completely vacates the premises on those days or portions thereof when not scheduled to conduct sales transactions. 5. No sales transactions or promotional efforts shall take place within any part of a public right-of-way or within twenty-five (25) feet of any street property line. 6. Sales operations may be located within side or rear setback areas provided that any damage to or alteration of landscaping elements is subsequently corrected, and providing that written consent is obtained from the owners of any nonresidential property located with fifteen (15) feet of the actual sales site and any residential property located within fifty (50) feet of the actual sales site, and providing that the City review staff find no potentially hazardous situations that could occur because of the location of the sales site. 7. Up to twenty-five (25) percent of the area occupied by a sales operation may be used for the storage and sale of processed agricultural products such as honey, juices, or hand-crafted decorative display items if, in the judgment of the City review staff, the amount and type of processing still meets the intent of this section. Less. B. For Sales Operations Occupying Sites of 180 Square Feet in Area or 1. The area occupied by a sales operation shall be calculated to include any structure, vehicle, equipment, and merchandise storage or display area, plus an extra two feet of clear space beyond the limit of such elements at any location where customer circulation can be expected to occur. In no case may an individual sales operation exceed 180 square feet. Ordinance No. 127, 2nd Series - Continued Page Three 2. There shall be no on-site parking required for the sales operation itself, but it shall not impede normal on-site vehicular circulation. The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the sale. Determination of compliance with this requirement shall be made by the City Inspections Department, which shall consider the nature of the sale and the applicable parking requirements of this Ordinance. Consider- ation shall be given to the parking needs and requirements of other occupants in the case of shopping centers and multi-tenant buildings. Parking on public right-of-way and streets is prohibited. 3. Signage for the sales operation may be counted separate from the maximum allowed for the normal business otherwise occupying the site. However, this waiver shall cover a maximum of two signs per site, each of which may be two sided; and shall cover a maximum combined size, based on one side only, of 32 square feet. Such signs shall be located either within the area occupied by the sales operation or as an attachment to an existing sign for the normal business otherwise occupying the site, provided that the City review staff must in any case approve the exact sign location. C. For Sales of Christmas Trees Occupying Sites of 180 Square Feet or . More. 1. The calculation of area shall be performed in the same manner as for paragraph B(1) above. 2. Parking shall be based on the same considerations as found in paragraph B(2) above. 3. Signage shall be based on the same considerations as found in paragraph B(3) above. Subd. 3. Applications. A. Required Elements of Application. In order to be accepted for review, all applications for seasonal farm produce sales operations shall include the following: 1. An official application form. 2. A licensing fee in an amount established by City Council resolution. 3. Written consent of adjacent property owners, when required under the terms of this section. 4. A scalable site plan indicating: Ordinance No. 127, 2nd Series - Continued Page Four a. the exact dimensions and proposed location of any booth, tent, vehicle, rack, barrel, or other structure or equipment; b. all landscaping elements within ten (10) feet of the proposed site; and c. exact distance from the site to any property lines within twenty- five (25) feet. 5. Drawings or photographs of any structures, vehicles, or equipment to be used for the sales operation. 6. A parking and circulation plan showing how the proposed site meets the requirements of this section with regard to parking and on-site vehicular circulation. 7. Drawings or photographs of any signs to be used for the sales operation, along with information on proposed sign size and location. 8. If the proposed sales hours are to extend after dark, a lighting plan showing how adequate light will be provided for the sales operation in such a way as to minimize any potential hazard or distraction to others. B. Application Process. 1. The completed application for any proposed sales operation shall be turned into the City's Inspections Department at least three (3) weeks prior to the intended date of commencement of sales activity. 2. One party, which may be either a sales operator or a property owner/manager shall be identified on the application as the applicant. However, the application and the permit, if issued, shall be signed by and considered binding on any involved operator and any owner(s)/manager(s) of property to be occupied by the sales operation. 3. The application process shall be coordinated through the City's Inspections Department. In addition to a designated staff member of that department who shall direct the process, the application may be reviewed by the Public Safety Department, the Engineering Department, or the Planning Department as necessary to ensure that the intent of this section is met. 4. After considering all elements of an application, the review staff will notify the applicant of any revisions that might be necessary in order to gain permit approval. The permit, if issued, shall identify the sales operator and the approved dates Ordinance No. 127, 2nd Series - Continued Page Five for the sale, and shall specify all conditions governing the sales operation with regard to each element of the application. 5. A permit may be denied if a proposed sales operation cannot meet the conditions established by the review staff. 6. A permit may be revoked after issuance if the operator or property owner(s)/manager(s) fail to adhere to the specified conditions. Section 6. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. This ordinance shall take effect from and after its passage and publication as required by law. Passed by the Golden Valley City Council this __ day of ,1995. ATTEST: Blair Tremere, Mayor Shirley J. Nelson, City Clerk Published in the New Hope-Golden Valley Sun Post on (This ordinance will be uncodified, and will be referenced by City Code Chapter 25.) Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 95-07 Request for An Ordinance Amending New Hope Zoning Code by Allowing Tattoo BusineSses as Permitted Uses in the Commercial Zoning Districts City of New Hope July 28, 1995 August 1, 1995 BACKGROUND Due to recent inquiries regarding the location of tattoo businesses in New Hope, the Codes & Standards Committee has been considering an ordinance that would specifically regulate said businesses. A public hearing notice was published stating that a public hearing would be held on this issue at the August 1 st Planning Commission meeting, as it was anticipated that the Codes & Standards Committee might be prepared with a recommendation. However, due to the discussion of several other ordinance amendments at the July 25th Committee meeting, the tattoo ordinance was not discussed by the Committee and a recommendation is not ready for the full Commission. Therefore, staff recommends that this hearing be opened and tabled until the September 5th Planning Commission meeting, with no discussion taking place until that time. RECOMMENDATION Staff recommends that this matter be tabled until September 5th. Attachments: Public Hearing Notice Proposed Ordinance Planning Consultant's Report NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY ALLOWING TATTOO BUSINESSES AS PERMITTED USES IN THE COMMERCIAL ZONING DISTRICTS City of New Hope, Minnesota Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota, will meet on the 1st day of August, 1995, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing to consider the adoption of an ordinance amending the New Hope Zoning Code. Said ordinance will have the affect of allowing tattooing businesses as permitted uses in all commercial zoning districts. The ordinance will also define tattooing as a personal service business like barber shops and hair salons. All persons interested are invited to .appear at said hearing for the purpose of being heard with respect to the zoning code amendment, Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk to make arrangements {telephone 531-5117 TDD number 531-5109). ' Dated the 12th day of July, 1995. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 19th day of duly, 1995.) ORDINANCE NO. 95- AN ORDINANCE AMENDING THE NEW HOPE CODE BY ESTABLISHING LICENSE REGULATIONS FOR TATTOO BUSINESSES AND ALLOWING TATTOO BUSINESSES AS PERMITTED USES IN THE COMMERCIAL ZONING DISTRICTS The City Council of the City of New Hope ordains: Section 1. Section 8.29 "Tattoo Establishments" of the New Hope Code is hereby amended by adding subsections 8.291 through 8.301 to read as follows: 8.291 Purpose. The purpose of this section is to regulate the business of tattooing in order to protect the health and welfare of the general public. The City Council finds that the experience of other cities indicates that ther~ 8.292 8.293 is a connection between tattooing and hepatitis and other health problems. The City Council finds that stringent regulations governing tattooing can minimize the hepatitis and disease risk, and therefore protect the general health and welfare of the community. License Required; Exception. No person shall operate any establishment where tattooing is practiced, nor engage in the practice of tattooing without being licensed pursuant to this section. A state-licensed physician who engages in the practice of tattooing shall be exempt from the license requirements. License Application. Every application for a license under this section shall be made on a form supplied by the City and shall request the following information: (1) If the application is a natural person: (a) The name, place and date of birth, street residence address, and phone number of the applicant, (b) Whether the applicant is a citizen of the United States, a resident alien, or is able to legally be employed in the United States. (c) Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used. (d) The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01. (e) The street addresses at which the applicant has lived during the preceding five (5) years. (f) The type, name and location of every business or occupation in which the applicant has been engaged during the oreceding five (5) years, and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for. the preceding five (5) years. (g) Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a petty misdemeanor. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. (2) If the applicant is a partnership: (a) (b) The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in subpart (a) of the section. The name(s) of the managing partner(s) and the interest of each partner in the tattooing establishment. (c) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Mi nnesot a Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application. (3) If the applicant is a corporation of other business: The name of the corporation or business formed, and if incorporation. incorporated, the state of (b) A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a certificate of authority as required by Minnesota Statutes, Section 303.06 shall be attached to the application. (c) The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in subpart of this section, (4) For all applicants: (a) Whether the applicant holds a current tattooing license from any other governmental unit. (b) Whether the applicant has previously been denied a tattooing license from any other governmental unit. (c) The location of the business premises and the legal description thereof. (d) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. (e) Whenever the application is premises either planned or under construction or undergoing substantial alternations, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans of design are on file with the City Building Official, no plans need be submitted. (f) Such other information the City may require. 8.294 Application Execution. All applications for a license shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license, 8.295 Application Verification. All applications shall be referred to the police department for verification and investigation on the facts set forth in the application, including any necessary criminal background checks to assure compliance. The application shall be issued or denied in accordance with Sections 8,297 and 8,298 of this Code. 8.296 License Fee. The fee for a license under this Division shall be as set forth in Chapter 14 of this Code, The fee shall be submitted at the time the application is filed. 8,297 Persons Ineligible for License. (1) No license shall be issued to an applicant who is a natural person if such applicant: (a) Is a minor at the time the application is filed; (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the license occupation as prescribed by Minnesota Statutes, Section 364.03, subd. 3; (c) Is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; or (d) Is not of good moral character or repute. (2) (3) No license under this Division shall be issued to a partnership if such partnership has any general partner or managing partner: (a) Who is a minor at the time the application is filed; (b) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subd · 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the license occupation as prescribed by Minnesota Statutes, 364.03, subd. 3; Section (c) Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; or (d) Who is not of good moral character or repute· No license under this Division shall be issued to a corporation or other organization if such applicant has any manager, proprietor or agent in charge of the business to be licensed: (a) Who is a minor at the time the application is filed; (b) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subd · 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the license occupation as prescribed by Minnesota Statutes, 364.03, subd. 3; Section (c) Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; or (d) Is not of good moral character or repute. 8.298 Locations Ineligible for a License. The followinq locations shall be ineligible for a license: (2) (3) Taxes Due on Property. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commended under Minnesota Statutes, Section 278.01 - 278.03, questioning the amount of validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becominq due. Improper Zoning. No license shall be granted if the property is not zoned for tattooin,q establishments under Chapter 4 of this Code. Premises Licensed for Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages pursuant to Chapter 10 of this Code or is licensed as a sexually-oriented business pursuant to Chapter 8 of this Code. 8.299 General License Requirements. Tattoos on Minors. No person shall tattoo any person under the age of eighteen (18) except in the presence of, and with the written permission of, the parent or legal guardian of any minor. (2) Prohibition on License Transfer. The license granted under this section is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place-to-place or from person-to- person without first complying with the requirements of an original application, except in the case in which an existing noncorporate licensee is incorporated and incorporation does not affect the ownership, control and interest of the existing licensed e~tablishment. (3) Hours of Operation, A licensee under this section shall not be open for business for tattooing before 7:00 a.m. nor after 9:00 p,m. (4) Licensed Premises. (5) (7) (8) The tattoo est abl i shment ticense is only effective for the compact and contiguous spacespecified in the approved licens~ application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform th~ City. Effect of License Suspension or Revocation, No person shall solicit business or offer to perform tattooing services while under license suspension or revocation by the City. Maintenance of Order. The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order, Employee Lists. The licensee shall provide to the Issuing Authority a list of employees who perform tattooing at the licensed establishment and shall verify that each employee has received a copy of sections 8,299 and 8,300, Liability Insurance. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee is currently covered in the tattoo business by a liability insurance policy. The minimum limits of coverage for such insurance shall be: (a) each claim, at least $200,000; (b) each group of claims, at least $500,000. Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to termination or cancellation. A certificate of insurance shall be filed with the City. 8,300 Health and Sanitation Requirements. No person shall engage in the practice of tattooing at any place in the City without complying with the following regulations: (2) Lavatory Requirement. Every place where tattooing is practiced shall be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory shall be supplied with hot and cold running water under pressure; shall be maintained in good repair at all times; and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary open front design and readily cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand cleaning compound and single-service sanitary towels or hand-drying devices. Skin Infection. No person having any skin infection or other disease of the skin shall be (3) tattooed. Sterilization and Disposal of Bio-Hazardous Materials. All needles and razor blades shall be individually pre-packaged, pre-sterilized and disposable. No such equipment shall be used on more than one customer. All bio-hazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the Health Officer. Sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles and razor blades when such sterilizing solutions and methods are approved by the Health Officer. (4). Skin Preparation Procedures. The following procedures shall be used for skin preparation: (a) Each operator shall wash his or her hands thoroughly with soap and water and then dry them with a clean towel before and after each tattooing. Operators with skin infections of the hand shall not perform any tattooing services. (b) Whenever it is necessary to shave the skin, Pre-packaged, pre-sterilized, disposable, razor blades shall be used. (c) The skin area to be tattooed shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the Health Officer. Only single-service towels and wipes shall be used in the skin cleaning (5) process, Operating Furniture. All tables, chairs, furniture, or area on which a patron receives a tattoo shall be covered by single-service disposable paper or clean linens, or in the alternative, the table, chair or furniture on which the patron receives a tattoo shall be impervious to moisture and shall be properly sanitized after each tattoo. Towels. Every operator shall provide single- service towels or wipes for each customer or person and such towels or wipes shall be stored and disposed of in a manner acceptable to the Health Officer. (7) Garments of Operator. Every operator shall wear clean, washable garments when engaged in the practice of tattooing. If garments are contaminated with blood or body fluids, such garment shall be removed and changed. (8) Pigments. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents and substances including mercury. The pigment~ used from stock solutions for each customer shall be placed in a single-service receptacle, and such receptacle and remaining solution shall be discharged after use on each customer in accordance (9) with procedures approved by the Health Officer. Minimum Floor Space. There shall not be less than 150 square feet of floor space at the place where the practice of tattooing is conducted and said place shall be so lighted and ventilated as to comply with the standards approved by the Health Officer. (10) Influence of Alcohol and Drugs. No person shall practice tattooing while under the influence of alcoholic beverages or illicit drugs. No customer shall be tattooed while under the influence of alcoholic beverages or illicit drugs. (11) Written Instructions. The operator shall provide the person tattooed with printed instructions on the approved care of the tattoo during the hearin.q process. (12) Living Quarters. No place licensed as a tattoo establishment shall be used or occupied as livinq or sleeping quarters. 8.301 Sanctions for License Violations, (1) The City Council may revoke the license or suspend the license for a violation of: (a) Any provision of this Division or any other local ]aw governing the same activity durinq the license period. (b) Any criminal law during the license period which adversely affects on the ability to honestly, safely or lawfully conduct a tattooing business. (2) The City Council may revoke the license or suspend the license if the license submitted false information or omitted material information in the license process required by this section. (3) A revocation or suspension shall be preceded by written notice to the licensee and a hearing before the City Council. The notice shall give at least eight {8} days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the application. Section 2. Section 4.102 "Permitted Uses, B-I" of the New Hope City Code is hereby amended by adding subsection (22) "Tattoo Establishments" to read as follows: (22) Tattoo Establishments, Subiect to the licensing requirements of Chapter 8 of this Code, Section 3. Section t4.08 "Business and Amusement License Fee" of the New Hope City Code is hereby amended by adding subsection 14.103 "Tattoo Establishment License Fee" to read as follows: 14.103 Tattoo Establishment License Fee. (1) Non-Refundable Investigation Fee - $200.00 (2) Annual License Fee - $100.00. Section 4. Section 1.10 "Definitions" of the New Hope City Code is hereby amended by adding subsection 1.232 "Tattooing" to read as 1 .232 Tattooing. The marking of the skin of a person with insertion of permanent co]ors by introducing them through puncture of the skin. Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1995. At t est: Valerie Leone, City Clerk Edw. J. Erickson, Mayor (Published in the New Hope-Golden Valley Sun-Post the , 1995.) day of Northwest Associ. ated Consultants, Inc. COMMUNITY PLANNING DESIGN · MARKET RESEARCH PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary Teague/Dan Licht/Alan Brixius 20 July 1995 New Hope- Tattoo Parlors 131.00 - 95.02 BA CKGRO UND The City of New Hope has recently received an inquiry regarding the establishment of a tattoo parlor. This use is not specifically identified as permitted or conditional uses within the Zoning Ordinance. As such, staff interpreted it as not allowed under a provision of the Zoning Ordinance which prohibits uses not specifically authorized (Section 4.017). The City zoning ordinance allows land uses such as barber shops and beauty salons as permitted uses within the commercial zoning districts. Other personal services includes tanning salons and electrolysis home occupations which are not identified as permitted uses and have been allowed within the City. While the actual tattooing activities requires some regulation to insure proper sanitation and health care measures, from a land use perspective it is similar to the other personal service businesses. Due to this similarity, staff believes it would be difficult to exclude tattooing from the City's zoning ordinance. In an effort to address tattooing and other unlisted personal service businesses that may be acceptable in New Hope it was determined at the last Codes and Standard meeting that the zoning ordinance should be amended to list personal services as a permitted use in commercial zoning districts. The rifle, personal services is preferred, rather than an individual listing of permitted operations, so as not to highlight potential positive or negative connotations associated with the various types of personal services. In addition to tattooing operations, the del'tuition of "personal services" shall 5775 Wayzata Blvd.-Suite 555. St. Louis Park. MN 55.416. (612) 595-9636.Fax. 595-9837 include barber shop, beauty salon, electrolysis, manicurist, tanning parlors, physical therapy, and therapeutic massage. The City Attorney has drafted an ordinance establishing license regulation for tattoo businesses and allowing tattoo businesses as a permitted use in commercial zoning districts (Exlfibit A). Our office has reviewed the draft amendment, and found that the ordinance establishing license regulations is appropriate. However, our office recommends that the zoning ordinance amendment be drafted to define "personal services," and establish them as permitted uses within the B-1, B-2, B-3 and B-4 zoning districts (Exhibit B). ISSUES ANALYSIS Definition of Personal Service. The following def'mition of personal service should be considered for a potential amendment of the City Code. Personal Service. Personal services shall include the following: barber shop, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, and tattooing. Definition of Tattooing. Our office recommends that the definition of tattooing be included as part of a proposed Zoning Ordinance amendment allowing tattoo parlors or tattooing under "personal service." T_atttmin~ The marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. Therapeutic Massage Versus Adult Use - Massage Parlor. In considering an amendment to the City Code to allow therapeutic massage, it is critical to make a distinction between a legitimate massage therapist and an adult use massage. Mag.sage Therapy_ The profession of massage therapy is one of the oldest, continuous health arts in the world. Massage therapy is not synonymous with physical therapy, the practice of chiropractic or other healing an. It is separate and distinct. Massage therapy involves passive, systematic manipulation of the muscle tissue and skin, circulation and general body tone, enhancing the function of joints and muscles and relieving both mental and physical fatigue. Today, the practice of massage therapy is emerging as an increasingly respected health profession, particularly where rigid educational or training requirements are necessary for licensure. The beneficial applications of massage therapy range from easing pain and discomfort experienced by senior citizens and soothing weakened muscles of the disabled to relaxing the over-exerted muscles of athletes. It is an excellent means of relaxation and 2 stress reduction which makes it a beneficial addition to any preventive health care program. Our office is proposing the following definition of therapeutic massage be included in the Zoning Ordinance as part of a proposed amendment: Therapeutic Ma.qsage. A scientific health care, health maintenance and rehabilitation technique, carried out by a massage therapist, involving the massaging and kneading of human skin, muscles and tissues for the exclusive purpose of easing mental and physical tension, alleviation of aches and pains, the breaking up of fatty tissues and muscle spasms, physical fitness, relaxation, beautification, or improvement of circulation through the body, and .for no other purpose. Adult Use - Massage Parlor. The New Hope City Code def'mes an adult use-massage parlor as follows: Aclult ll.qe-Ma~.o, age Parlor~ Health Club_ A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguishes and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." CONCLUSION Based upon discussion held at the last Codes and Standards meeting and information contained within this report, our office recommends that the City consider an amendment to the City Code to define users such as barber shops, styling salons, tanning parlors, therapeutic massage and tattooing as "personal services." Our office further recommends that such personal services be allowed as a permitted use within the B-l, Limited Neighborhood Business District. As such, personal service uses will be allowed in all of New Hope's commercial districts. ORDINANCE NO. AN ORDINANCE AMENDING THE NEW HOPE CITY CODE REGARDING REGULATIONS OF "PERSONAL SERVICES" The City Council of the City of New Hope ordains: Sectinn_~ Section 4.02 RULES AND DEFINITIONS of the New Hope City Code is hereby amended to add the following: (107A) Personal Services. Personal Services shall include the following: barber shops, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, and tattooing. (128A) Tattooing. The marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. (128B) Therapentic Ma.~.qage~_ A scientific health care, health maintenance and rehabilitation technique, carried out by a massage therapist, involving the massaging and kneading of human skin, muscles and tissues for the exclusive purpose of easing mental and physical tension, alleviation of aches and pains, the breaking up of fatty tissues and muscle spasms, physical fitness, relaxation, beautification, or improvement of circulation through the body, and for no other purpose. Seetian~ Section 4.102 "Permitted Uses, B-1" of the New Hope City Code is hereby amended by adding the following: (7) Personal Services. Subject to the applicable licensing requirements of the City, County and State. publication. Effective Date. This Ordinance shall be effective upon its passage and D~edthe day of ., 1995. Attest: Valerie Leone, City Clerk Edw. J. F. xickson, Mayor (Published in the New Hope-Golden Valley Sun-Post the day of ., 1995.) EXHIBIT B ORDINANCE NO. 95- AN ORDINANCE AMENDING THE NEW HOPE CODE BY ESTABLISHING LICENSE REGULATIONS FOR TATTOO BUSINESSES AND ALLOWING TATTOO BUSINESSES AS PERMITTED USES IN THE COMMERCIAL ZONING DISTRICTS The City Council of the City of New Hope ordains: Section 1. Section 8.29 "Tattoo Establishments" of the New Hope Code is hereby amended by adding subsections 8,291 through 8.30t to read as follows: 8.291 Purpose. The purpose of this section is to regulate the business of tattooing in order to protect the health and welfare of the general public. The City Council finds that the experience of other cities indicates that there is a connection between tattooing and hepatitis and other health problems, The City Council finds that stringent regulations governing tattooing can minimize the hepatitis and disease risk, and therefore protect the general health and welfare of the community. 8.292 License Required; Exception. No person shall operate any establishment where tattooing is practiced, nor engage in the practice of tattooing without being licensed pursuant to this section. A state-licensed physician who engages in the practice of tattooing shall be exempt from the license requirements. 8.293 License Application. Every application for a license under this section shall be made on a form supplied by the City and shall request the following information: (1) If the application is a natural person: (a) The name, place and date of birth, street residence address, and phone number of the appl i cant. (b) Whether the applicant is a citizen of the United States, a resident alien, or is able to legally be employed in the United States. EXHIBIT A (2) (c) Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used. (d) The name o~ the business if it is to be conducted under a desi§nation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01. (e) The street addresses at which the applicant has lived durin§ the precedinB five (5) years. (f) The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years, and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the precedin9 five (5) years. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a petty misdemeanor. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. If the applicant is a partnership: (a) The name(s) and address(es) of all 9eneral and limited partners and all information concernin9 each 9enera] partner required in subpart (a) of the section. (b) The name(s) of the managing partner(s) and the interest of each partner in the tattooin~ (c) establishment. A true copy of the partnership a.qreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application. (3) If the applicant is a corporation of other business: (4) (a) The name of the corporation or business formed, and if incorporated, the state of incorporation. (b) A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a certificate of authority as required by Minnesota Statutes, Section 303.06 shall be attached to the application. (c) The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in subpart (a) of this section. For all applicants: (a) Whether the applicant holds a current tattooing license from any other governmental unit. (b) Whether the applicant has previously been denied a tattooing license from any other governmental unit. (c) The location of the business premises and the legal description thereof. (d) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid, (e) Whenever the application is premises either planned or under construction or undergoing substantial alternations, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans of design are on file with the City Building Official, no plans need be submitted. (f) Such other information the City may require. 8.294 Application Execution. All applications for a license shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. 8.295 Application Verification. All applications shall be referred to the police department for verification and investigation on the facts set forth in the application, including any necessary criminal background checks to assure compliance. The application shall be issued or denied in accordance with Sections 8.297 and 8.298 of t h i s Code. 8.296 License Fee. The fee for a license under this Division shall be as set forth in Chapter 14 of this Code. The fee shall be submitted at the time the application is filed. 8.297 Persons Ineligible for License. (1) No license shall be issued to an applicant who is a natural person if such applicant: (a) Is a minor at the time the application is filed; (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and (c) present fitness to perform the duties of the license occupation as prescribed by Minnesota Statutes, Section 364.03, subd. 3; Is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; or (d) Is not of good moral character or repute. (2) No license under this Division shall be issued to a partnership if such partnership has any general partner or managing partner: (a) Who is a minor at the time the application is filed; (b) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the license occupation as prescribed by Minnesota 364.03, subd. 3; St at ut es, Sect ion (c) Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; or (d) Who is not of good moral character or repute. (3) No license under this Division shall be issued to a corporation or other organization if such applicant has any manager, proprietor or agent in charge of the business to be licensed: (a) Who is a minor at the time the application is filed; (b) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the license occupation as prescribed by Minnesota 364.03, subd. 3; St at ut es, Sect i on (c) Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; or (d) Is nqt of good moral character or repute. 8.298 Locations Ineligible for a License. The followin~ locations shall be ineligible for a license: (1) (2) (3) Taxes Due on Property. No license shall be granted or renewed for oPeration on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commended under Minnesota Statutes, Section 278.01 - 278.03, questioning the amount of validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becomin9 due. Improper Zoning. No license shall be granted if the property is not zoned for tattooinR establishments under Chapter 4 of this Code. Premises Licensed for Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages pursuant to Chapter 10 of this Code or is licensed as a sexually-oriented business pursuant to Chapter 8 of this Code. 8.299 General License Requirements. (1) Tattoos on Minors. No person shall tattoo any person under the age of eighteen (18) except in the presence of, and with the written permission of, the parent or legal guardian of any minor. (2) Prohibition on License Transfer. The license granted under this section is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place-to-place or from person-to- person without first complying with the requirements of an original application, except in the case in which an existing noncorporate licensee is incorporated and incorporation does not affect the owners, hip, control and interest of the existing licensed establishment. (3) Hours of Operation. A licensee under this section shall not be open for business for tattooing before 7:00 a.m. nor after 9:00 p.m. (4) Licensed Premises. The tattoo establishment license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the City. (5) Effect of License Suspension or Revocation. No person shall solicit business or offer to perform tattooing services while under license suspension or revocation by the City. (6) Maintenance of Order. The licensee shall be (7) responsible for the conduct of the business being operated and shall at all times maintain conditions of order. Employee Lists. The licensee shall provide to the Issuing Authority a list of employees who perform tattooing at the licensed establishment and shall verify that each employee has received a copy of sections 8.299 and 8.300. (8) Liability I.nsurance. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee is currently covered in the tattoo business by a liability insurance policy. The minimum limits of coverage for such insurance shall be: (a) each claim, at least $200,000; (b) each group of claims, at least $500,000. Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to termination or cancellation. A certificate of insurance shall be filed with the City. 8.300 Health and Sanitation Requirements. No person shall engage in the practice of tattooin.q at any place in the City without complying with the following re.Qulations: (2) (3) Lavatory Requirement. Every place where tattooin~ is practiced shall be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory shall be supplied with hot and cold running water under pressure; shall be maintained in good repair at all times; and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary open front design and 'readily cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand cleaning compound and single-service sanitary towels or hand-drying devices. Skin Infection. No person having any skin infection or other disease of the skin shall be tattooed. Sterilization and Disposal of Bio-Hazardous Materials. All needles and razor blades shall be individually pre-packaged, pre-sterilized and disposable. No such equipment shall be used on more than one customer. Alt bio-hazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the Health Officer. Sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles and razor blades when such sterilizing solutions and methods are approved by the Health Officer. (4) Skin Preparation Procedures. The followin~ procedures shall be used for skin preparation: (a) Each operator shall wash his or her hands thoroughly with soap and water and then dry them with a clean towel before and after each (b) tattooing. Operators with skin infections of the hand shall not perform any tattooing services. Whenever it is necessary to shave the skin, pre-packaged, pre-sterilized, disposable, razor blades shall be used. (5) (6) (c) The skin area to be tattooed shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the Health Officer. Only single-service towels and wipes shall be used in the skin cleaning process. Operating Furniture. All tables, chairs, furniture, or area on which a patron receives a tattoo shall be covered by single-service disposable paper or clean linens, or in the alternative, the table, chair or furniture on which the patron receives a tattoo shall be impervious to moisture and shall be properly sanitized after each tattoo. Towels. Every operator shall provide single- service towels or wipes for each customer or person and such towels or wipes shall be stored and (7) (8) disposed of in a manner acceptable to the Health Officer. Garments of Operator. Every operator shall wear clean, washable garments when engaged in the practice of tattooing. If garments are contaminated with blood or body fluids, such garment shall be removed and changed. Pigments. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer shall (9) be placed in a single-service receptacle, and such receptacle and remaining solution shall be discharged after use on each customer in accordance with procedures approved by the Health Officer. Minimum Floor Space. There shall not be less than 150 square feet of floor space at the place where the practice of tattooing is conducted and said place shall be so lighted and ventilated as to comply with the standards approved by the Health Officer. (10) Influence of Alcohol and Drugs. No person shall practice tattooing while under the influence of alcoholic beverages or illicit drugs. No customer shall be tattooed while under the influence of alcoholic beverages or illicit drugs. (11) Written Instructions. The operator shall provide the person tattooed with printed instructions on the approved care of the tattoo during the hearinR process. (12) Living Quarters. No place licensed as a tattoo establishment shall be used or occupied as living or sleeping quarters. 8.301 Sanctions for License Violations. (1) The City Council may revoke the license or suspend the license for a violation of: (a) Any provision of this Division or any other local law governing the same activity during the license period. (b) Any criminal law during the license period which adversely affects on the ability to honestly, safely or lawfully conduct a tattooing business. (2) The City Council may revoke the license or suspend the license if the license submitted false information or omitted material information in the license process required by this section. (3) A revocation or suspension shall be preceded by written notice to the licensee and a hearing before the City Council. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the application. Section 2. Section 4.102 "Permitted Uses, B-I" of the New Hope City Code is hereby amended by adding subsection (22) "Tattoo Establishments" to read as follows: (22) Tattoo Establishments. Subiect to the licensing requirements of Chapter 8 of this Code. Section 3. Section 14,08 "Business and Amusement License Fee" of the New Hope City Code is hereby amended by adding subsection 14.103 "Tattoo Establishment License Fee" to read as follows: 14.103 Tattoo Establishment License Fee. (1) (2) Non-Refundable Investigation Fee - $200.00 Annual License Fee - $100.00. Section 4, Section 1,10 "Definitions" of the New Hope City Code is hereby amended by adding subsection 1.232 "TattooinR" to read as follows: 1.232 Tattooing. The marking of the skin of a person with insertion of permanent colors by introducing them through puncture of the skin. Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1995, At t est: Valerie Leone, City Clerk Edw. J. Erickson, Mayor (Published in the New Hope-Golden Valley Sun-Post the , 1995.) day of STEVEN A.$QNORALL MICHAEL R LAFLEUR MARTIN P MALECHA WILLIAM C. STRAIT COWliCK & So~o~a~L, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 March 31, 1995 Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Regulation of Tattoo Parlors Our File No: 99.40066 Dear Kirk: Recently, you asked me to research the City's ability to regulate and/or prohibit the occupation of tattooing and tattoo parlors in the City. I have discovered some interesting information about the tattoo business. The State does not regulate this business. The State leaves all regulation to local authorities. I am enclosing for your review ordinances I have obtained from Bloomington, Minnetonka, Minneapolis and St. Cloud that permit and regulate this business. I also discussed this issue with Mark Grimes, the Golden Valley City Planner. Golden Valley permits tattoo parlors within the City apparently without any regulation. Grimes informed me even if they had restrictions, they lack the staff for enforcement purposes. They have a business called Ace Tattoo located in a small shopping center at County Road 169 and Medicine Lake Road right on New Hope's southern border. Grimes tells me they have had no problems or complaints with this business. Regarding our legal authority to regulate or prohibit, I can find no Minnesota court decisions commenting on this issue. However, I have found Florida and New York state court decisions ruling that municipal regulation of the tattooing business is legal. Specifically, in the Florida case of Golden v. UcCarty, 337 So.2d 388 (1976), the Court upheld a regulation making it unlawful for any person except a duly licensed doctor or dentist or a person Mr. Kirk McDonald March 31 , 1995 Page 2 under the direction and supervision of a doctor or dentist to tattoo the body of any human being. The subsequent Florida case of Piperato v. Zuelch, 395 So.2d 1231 (1981) further held a supervising doctor or dentist had to have personal contact with a customer or be present when the tattoo was applied by a person acting under the doctor or dentist's direction. The New York cases of Grossman v. Baumgartner, 281 N.E.2d 259 (1966) and People v. O'Sullivan, 409 NYS2d 332 (1978) upheld ordinances prohibiting all tattooing of human beings except by licensed medical doctors for medical purposes only. In other words, in New York only doctors can apply tattoos and then only if there is a medical reason for doing it. Basically, it is not known how Minnesota courts would treat this issue. The fixed rule and basic standard by which the validity of a regulation is tested is whether it is reasonable (16 Am.dur.2d, Constitutional Law Section 277). In other words, a City ordinance will be upheld if it is reasonably necessary and appropriate to accomplish the legitimate purpose falling within its scope. The legitigate objective of an ordinance regulating the tattoo business is the protection of public health. Therefore, any ordinance protecting public health deemed to be reasonable, impartial and not against the general policy of the State will be upheld irrespective of pecuniary loss individuals may suffer by its enforcement. In this case, the inability of "lay tattoo artists" to practice their profession in New Hope. Of course, this is assuming the Minnesota courts adopt the same rationale used by the Florida and New York courts referenced in the above cases. Please let me know if you would like us to prepare a proposed ordinance in connection with this issue, and if so, the extent of the requested regulation. Very truly yours, Steven A. Sondrall slf2 Enclosures cc: Daniel J. Donahue, City Manager CITY OF NEW HOPE DATE: TO: FROM: SUBJECT: July 28, 1995 Planning Commission Members Kirk McDonald, Management Assistant, Community Development Coordinator Miscellaneous Issues July 24th Council/EDA Meeting - At the July 24th Council/EDA meeting, the Council/EDA took action on the following planning cases and other related issues: A. Planning Case 95-05, Request for Final Plat Approval of C.C.I. Addition, 4400/4500 Quebec Avenue North, Conductive Containers, Inc. Approved, subject to the conditions as recommended by City Attorney, City Engineer, Public Works and NSP. Please see attached Council request and Final Plat, for your information. B. Planning 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. Approved, subject to the conditions as recommended by the Planning Commission. Revised plans were submitted subsequent to the Planning Commission meeting addressing some of your concerns. Eight Junipers will be added where the existing pylon sign will be removed. The petitioner also met with the City Forester and they came to an agreement on where the existing two boulevard trees would be relocated; one boulevard tree will be relocated on the west side of the building and the other to the northeast corner of the property, with the two new Purple Leaf Sand Cherry trees being planted on the boulevard. The revised plans indicate these changes and were approved by the City Council. C. Planning Case 95-11, Request for an Amendment to the Comprehensive Si.tm Plan to Allow Si_enage on Bass Lake Road, 5701 International Parkway, Griffin Companies - Approved. D. Resolution Awarding Contract for the Construction of 1995 Backyard Drainage Improvement Projects - The City Council awarded the contract for the construction of seven 1995 backyard drainage improvement projects. The projects are funded with the Storm Water Utility Fund and I have enclosed maps and information describing each project for your information. E. Approval of Plans and Specifications for Storm Water Pond Improvements at 4400 Quebec Avenue North and Municipal Golf Course - The City Council did pass a resolution ordering the plans and specifications for storm water improvements at 4400 Quebec Avenue North and Municipal Golf Course. As you are aware when the City jointly acquired the property at 4400 Quebec with Conductive Containers, Inc., CCI agreed to provide the City with a storm water ponding easement over the southern two-thirds of the property. This fall the City hopes to proceed with the construction of the storm water pond. In conjunction with that project, the City will be utilizing some of the material from that pond to help prevent erosion around several of the ponds at the golf course. A brief description of the projects and a preliminary sketch are enclosed for your information. Discussion Regarding Market Study Proposal for Winnetka Shopping Center by Northwest Associated Consultants, Inc. in the Amount of $9,500 - Subsequent to the last City Council meeting, Building Management, Inc. has submitted a check to the City in the amount of $4,750 to pay for one-half of the cost of the market study for Winnetka Shopping Center. Therefore, the EDA approved proceeding with the study with the understanding that costs will be shared on a 50-50 basis. Fo G. Motion Acceptin~ Appraisals and Authorizing Staff to Proceed to Negotiate with Property Owners to Purchase Properties at 7609 Bass Lake Road and 5520 Sumter Avenue for Bas~ Lake Road Extension Housing Redevelopment Project - City staff have received the appraisals for the properties at 7609 Bass Lake Road and 5520 Sumter Avenue for the Bass Lake Road Extension Housing Redevelopment Project and had requested that the Council pass a motion accepting the appraisals and authorize staff to proceed to negotiate with the property owners to purchase their properties. Due to the fact that the EDA learned that the City must abide by the Uniform Relocation Act, the EDA tabled any action on this matter until the August 14th EDA meeting. At that time it is anticipated that the relocation firm will be able to present a cost estimate to the study regarding the relocation costs involved with the total project. The EDA wants to know the cost of the relocation benefits before it proceeds to acquire properties for this project. H. Resolution Authorizing the Purchase of 5559 Sumter Avenue North - The City has received a signed Purchase Agreement for the property at 5559 Sumter Avenue North in conjunction with the Bass Lake Road Housing Redevelopment Project. The EDA also tabled any action on this matter until the relocation costs for the entire project are known. It is anticipated that this Purchase Agreement will be reconsidered at the August 14th EDA meeting. I. Motion Approving Quote Submitted by Evergreen Land Services Company for Relocation Services for the Bass Lake Road Redevelopment Project - The EDA approved the low quote from Evergreen Land Services Company to provide relocation services for the Bass Lake Road Redevelopment Project. They will be providing a report to the EDA at the August 14th meeting regarding estimated relocation costs for the entire Bass Lake Road Housing Redevelopment Project. J. Motion Approving Quote from Wrobleski's Lawn Service in the Amount of $8300.60 for the Landscaping for the Property at 7901/7909 51st Avenue North - The City is finalizing construction on the handicapped accessible duplex at 7901/7909 51st Avenue North and sought three quotes for landscaping the property. The EDA awarded the contract to the Iow bidder, Wrobleski's Lawn Service, and the work will be completed in early August. The landscaping plan is attached for your information. O. Resolution Authorizing Publication of Notice and Holding of a Public Hearing Regardina Sale of 7901 51st Avenue North - City staff have found a buyer for the second unit of the handicapped accessible twin home being built at 7901 51st Avenue North and the EDA has scheduled a public hearing for August 14th to execute the Purchase Agreement. L. Request Approval of the Minnesota City Participation Program (MCPP) Application Commitment Agreement for Participation in the MCPP - Again this year the City will. be participating in the Minnesota City Participation Program which provides funds for first-time homebuyers. Please review the attached information. M. Resolution Approving Gill Brothers Funeral Chapels, Inc. Exclusive Negotiations Agreement and Authorizing the President and Executive Director to Sign - The EDA approved a resolution approving an Exclusive Negotiations Agreement with Gill Brothers Funeral Chapels, Inc. for the City-owned property at 42nd/Nevada Avenues. The agreement basically states that the two parties will work with each other over the next 90 days exclusively to agree on a development proposal for the property. Please see attached agreement for further information. Project Bulletins Attached please find copies of two project bulletin updates that were recently sent out on the 36th Avenue Railroad Bridge Construction Project and the 1995 Street Improvement Project. o Second Quarter Reports Enclosed please find the second quarter planning and development, engineering, and housing and redevelopment authority reports for your review/information. 4. Zoning News Articles Enclosed please find an article from the June, 1995, Zoning News regarding local planning issues and siting cellular towers. 5. Codes & Standards Issues The Codes & Standards Committee met on Tuesday, July 25th, to discuss minor sign code changes and the sale of seasonal produce. Both of these items will be considered by the Commission at the August 1st meeting. The Committee will meet again the first part of August to discuss regulations regarding tattoo parlors. Attachments: CCI Final Plat Color Lab Revised Plans Backyard Drainage Projects 4400 Quebec Pond/Golf Course Erosion Winnetka Center Market Study Appraisals for Bass Lake Road Project Relocation Firm Landscaping Quotes/Plan Hearing for Sale of 7901 51st Avenue N. MCPP Information Exclusive Negotiations Agreement Project Bulletins: 36th Avenue Railroad Bridge 1995 Street Project Quarterly Reports Zoning News Articles COUNCIL REQUEST FOR ACTION By: Approved for Agenda & Planning  '~ 7-24-95 Item No. Originating Department City Manager Kirk McDonald Management Assistant PLANNING CASE 95-05 - REQL~ST FOR FINAL PLAT APPROVAL OF C.C.I. ADDITION~ 4400/4500 (~UEBEC AVENUE NORTH, CONDUCTIVE CONTAINERS, INC. The petitioner is requesting Final Plat approval of C.C.I. Addition, pursuant to Chapter 13 of the New Hope Code. For the past year City staff have been working with Conductive Containers, Inc., to purchase/rehabilitate the vacant industrial building at 4500 Quebec Avenue North. A problem existed because the existing site could not accommodate the maneuvering of full-sized semi-trucks without utilizing a portion of the vacant lot to the south at 4400 Quebec. The vacant property at 4400 Quebec is identified in the City's Surface Water Management Plan as a future ponding site. With EDA approval, the City pursued acquisition of the 4400 parcel, with CCI and the City splitting the cost of the property and the City retaining a large easement for storm water ponding on the south and deeding the property over to CCI so the north portion of the vacant parcel could be utilized for trucking purposes. CCI purchased the 4500 Quebec building in December and has moved into the building. The City completed the sale of the property to CCI on May 30th. One of the conditions of the sale was that CCI replat both 4500 and 4400 Quebec to combine them into a single parcel and dedicate the ponding easement on the plat and that is the purpose for this platting. City staff agreed to coordinate the platting and CCI agreed to be responsible for all platting/ surveying costs. The Preliminary Plat was approved by the Planning Commission and City Council on May 2nd and 8th, respectively, subject to the condition that the Final Plat incorporate all recommendations/revisions requested by the City Engineer, City Attorney, Building Official and NSP. The Planning Commission also waived review of the Final Plat. The total area of the proposed plat is 202,390 square feet or 4.64 acres. The lot area and lot width requirements for the I-2 Zoning District are compared to the plat below: I-2 Requirement Preliminary Plat Minimum Lot Area = 1 acre 4.64 acres Minimum Lot Width = 150 feet 449 feet MOTION BY TO: SECOND BY Administration: Finance: Request for Action PC95-05 7-24-95 The Preliminary Plat meets the minimum lot area and lot width requirements for the I-2 Zoning District. The Final Plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies and Hennepin County for review and comments are as follows: City Eneineer A 15' wide utility/drainage easement be shown along the east line in lieu of 10' wide. A 24" trunk sanitary sewer exists in this area and it is preferred additional easement be secured. o City Attorney The dedication language for the easements located on the plat just below the legal descriptions contains an extra word. The last part of the sentence in question reads "and dedicate to the public for public use forever the avenue and easements for utility and drainage easements as shown on the final plat". (emphasis added). The second "easements" (the underlined one) should be deleted. Public Works Public Works staff has reviewed the proposed Final Plat for C.C.I. Addition. We request that the Final Plat be modified to allow for a 15' easement along the east property line. The purpose of this easement is to allow for access to and maintenance of utilities. Staff recommends approval of the attached resolution which approves the Final Plat subject to the condition that the recommended revisions from the City Attorney, City Engineer and Public Works be made to the Final Plat. % C. C. I. lliil/ II -- MI IlltiiIt tilW I IIlmlllllI kill I Iii ........ k/ II ........... II1_.__. Ii STEVEN A.$ONDRALL MICHAEL R.L~EUR MARTIN P. MALECHA WILLIAM C.$TRAIT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn P~rk, Minnesota 55443 TELEPHONE (~12) 425-5~71 FAX (612) 425-$a67 SHARON July 19, 1995 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE- C.C.I Addition Our File No: 99.15044 Dear Kirk: I have reviewed the proposed final plat for C.C.I. Addition. I find said plat to be in order from a legal standpoint, except for the following: 1. The dedication language for the easements located on th'~ plat just below the legal descriptions contains an extra word. The last part of the sentence in question reads "and dedicate to the public for public use forever the avenue and easements for utility and drainage easements as shown on the final plat" (emphasis added). The second "easements" (the unJerlined one) should be deleted. Otherwise, the plat looks fine. Because of the City's recent sale of the southerly parcel to C.C.I. and our familiarity with the status of that title, I will, be providing the necessary evidence of title to the Hennepin County Surveyors for their approval of the plat. Be sure to contact me if you have any questions. Sincere3y, Martin P. Malecha s3w CC: Daniel d. Oonahue, City Manager Steven A. Sondrall, City Attorney Bonestroo Rosene Anderlik & Associates £ngineers & Architects fulv t9, 1995 Mr. Kirk McDonald City of New Hope 4401 Xylon Ave. New Hope, MN 5:$428' Re: ~Lnal Plat - C.C.I, Addition Our File No. 34 lien We have reviewed the final plat and recommend the following: A 15' wide utility/drainage easement be shown along the east line in lieu of 10' wide. A 24" trunk sanitary Mwer exists in this ama and it's preferred additional easement be secured. you have any questions, please contact this office. S/ncerely, BOKF_.STRO0, ROSE/q'E, ANDERLIK & ASSOCIATE. S, INC. Mark A. Hanson MAH:pr cc: Jeannine Clancy }335 West Highway 36 · St. Paul, MN 55113 · 612-636-46'00 t XIS IIN(~ IR[[ ^sH (D_) /\-C I1[1l PATCH AID RESTr~e PARKIslG 1_01 IRE~W /t TERNAIE PROPOSALS TO 5[~LCOAT & RESIRI~E) LOT I0 - DWAJ~= LLAC Q E xISTI'IG TITEE s r BED - 20 DAPtI, E AVl 1'11 Jt K[Y: --- EXIStI, IG COI4)1IIO~ E x~ I I~G RLHOvED ---- NEW COI'4SIRUCIION f45C NO1LS PARKIslG AlslAI YS~S Ii( Al t I - I() [XlSll'iO PARKI',IG .SPA(] S - ;' . I tJl PAI~I',IG ttEOlJIIID - 22 . t I~ PARKIt,I~ PI~OV1DI D - 21~ . III(I'1) RE0~.~T }"OR ACTION Orlgm~.mg .Department Approved for Agenda )evelo ~l~fl[:la Section c~ty ~anager &~ Planning Kirk McDonald .~ 7-24-95 Item No. Management Assistant By: 8.5 RESOLUTION AWARDING C FOR THE CONSTRUCTION OF 1995 BACKYARD DRAINAGE IMPROVEMENT PROJECTS, IMPROVEMENT PROJECT NO. 528 At the June 26th Council meeting the City Council approved the plans and specifications for the 1995 Bacio/ard Drainage Improvement Projects and :~uthorized advertisement for bids (Improvement Project No. 528), Bids for the project will be opened on July 21st and staff is requesting that the Council consider the award of the bid at the July 24th Council meeting. 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 6. 8040 60th Avenue - lower existing catch basin in backyard (discussed at Board of Review meeting) 7. 4964 Xylon Avenue - add catch basin sLructure in backyard (see attached letter) The estimated project cost for ail seven improvements is $61,500 and the projects would be funded ou~ of the Storm Water Utility Fund. The attached letter and the appropriate easement documents have been sent to all impacted property owners. Ali necessary easements must be granted to the City at no cost. The City Engineer will review ail projects and the bids with the Council on July 24th. (con't) MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 CITY OF NEW HOPE 1995 DRAINQAQE IMPROVEMENT PROJECT BACKYARD DRAINAGE UTILITY IMPROVEMENTS cn'Y PROJECT No. 527 imm i! z I~'m'ST HYI)~T SQUII. I QI~ 471N lAS1' SK~ ~ ISL.~IO ---L. -J 12 4.649 RHODE ISLAND AVENUE -1_ -I_ <33 -a-L_ J ~ 8139 47th AVENUE J X 923.7 8041 F Lr--I (2J)l 803 I _/ a a / O30 C3 927C;1 J I I BF_NCH u_._,~K. Rid El rVAVl~ql CAST CI)IdH (0+~) 930 L__.~..I , j L.? :1 I '] L J F-~-"F~ 8040 GOTH AVENUE ' 5960 INDEPENDENCE AVENUE , 0 17 0 0 0 18 ,0 0 O 0 7 8208 C} 0 7 8200 4964 XYLON AVENUE / 0/'% / 14 , / ! COUNCIL I REQUEST FOR ACTION Originating Department Approved for Agenda City Manager & Planning Kirk McDonald /"-') 7-24-95 Item No. By: Management Ass,stant By: // 8.7 It' RESOLUTION ORDERING PREPAR~/TION OF PLANS AND SPECIFICATIONS FOR STORM WATER POND IMPROVEMENTS AT 4400 QUEBEC AVENUE NORTH AND MUNICIPAL GOLF COURSE (IMPROVEMENT PROJECT NO. 544) City staff have been discussing storm water ponding improvements at 4400 Quebec Avenue North and at the Municipal Golf Course and are requesting that the Council consider authorizing the preparation of plans and specifications for these projects so that they could be initiated later this fall. Storm water ponding at 4400 Quebec is listed as a top priority in the Storm Water Management Plan and the acquisition and sale of that property to Conductive Containers, Inc. has been completed with the City retaining an easement over the southern 2/3rds of the property for ponding purposes. Conductive Containers has now occupied the formerly vacant building at 4500 Quebec and is anxious to complete their outside siie improvements. These improvements can most effectively be accomplished if the City completes the pond excavation and storm sewer modifications. The estimated cost for the improvements is $100,000. Staff have also been investigating storm water concerns at the Golf Course, which include: · Conditions of existing storm sewer pipe from Bass Lake Road discharging to pond along the west side No. 9 Fairway. · East bank of pond along No. 9 Fairway falling and eroding into pond. · Condition of existing storm sewer between pond along No. 9 Fairway to existing storm sewer from Winnetka Avenue (Public Works is presently televising existing storm sewer to determine its condition). · Blocked storm sewer between Meadow Lake and Pond opposite No. 8 Fairway. Property owner opposite No. 8 Tee Box concerned about condition of Meadow Lake and the same blocked storm sewer. MOTION BY SECOND BY TO: Review: Adm/n/s~a~on: Finance: RFA-O01 Request ~br Action The proposed improvements at the Golf Course would include: 7-24-95 Remove and relay existing storm in Golf Course Property from Bass lake Road to pond along No. 9 Fairway. ' Clean pond along No. 9 Fairway and place geofabric in conjunction with suitable material t¥om 4400 Quebec Avenue Pond along east bank of pond to prevent erosion and provide a gentle slope to pond. Update existing storm sewer from pond along No. 9 Fairway to storm sewer from Winnetka Avenue as required per televised report. Investigate and determine need for existing storm sewer between Meadow Lake and pond opposite No. 8 Fairway. Update storm sewer and work with property owner as required. The estimated construction cost to do the improvements at the Golf Course is $100,000. The City, Engineer has determined that both projects could be combined and bid as one project. as some of the material from the Quebec Avenue pond could be utilized along the Golf Course fairways. The projects would be funded out of the Storm Water Utility Fund in conjunction with the consideration of a rate increase. If the Council is supportive of proceeding with the projects, staff recommends approval of the enclosed resolution which authorizes preparation of detailed plans and specifications. x9 X ~ 0 Q · ion, 0 g~l,O X 0Q f EDA Originating Department Approved for Agenda Agenda Section City Manager EDA Kirk McDonald ~ 7-24-95 Item No. By: Management Assistant By: ~,/ 4 DISCUSSION REGARDING MARKET S~FU~Y PROPOSAL FOR WINNETKA SHOPPING CENTER BY NORTHWEST ASSOCIATED CONSULTANTS, INC. IN THE AMOUNT OF $9,500 At the June 12th EDA meeting the EDA discussed a proposal from Northwest Associated Consultants, Inc. (requested by City staff) to conduct a Market Study for the Winnetka Shopping Center in the amount of $9,500. The study would have a specific focus on the vacant Super Valu site and is intended to 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 Winnetka Shopping Center. The study would be subdivided into the following sections. 1. Delineate and Describe Areas of Influence 2. Interview Shopping Center Property Managers for New Hope's Six Major Shopping Centers 3. Site Evaluation of Winnetka Center 4. Market Analysis and Findings The EDA tabled discussion on this issue at the June 12th meeting. While several EDA members were supportive of the study, the general consensus was that the City should not fund the entire study. The EDA directed staff to contact Winnetka Associates to determine if they would be willing to split the cost of the study on a 50/50 basis. Staff sent the enclosed letter and a copy of the Market Study proposal to Building Management Inc., managers for the center. They have responded in the affirmative, are very interested in the study being completed, and the City has received a check from Building Management, Inc. in the amount of $4,750 (one-half of the cost of the study). Staff recommends approval of a motion approving the Market Study for Winnetka Shopping Center, with the City and Winnetka Associates/Building Management, Inc. sharing costs on a 50/50 basis. Review: Administration: Finance: RFA-O01 ~ June 19, 1995 Ms. Lawana Varajon. Operations Manager Building Managemem. Inc. 5353 Wayzata Boulevard, Ste. 210 Minneapolis, MN 55416 Subject: Market Study Proposal for Winnetka Center/Vacam 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 environmem, 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 Consultant. The enclosed proposal from Northwest Associated Consultants, was considered by the New Hope Economic Developmem Authority at their June 12th meeting. The study would focus on how the City, in conjunction with your firm, 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 Winnetka 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. City. Manager Enclosure: Market Analysis Proposal for Winnetka Center cc: City Council Family Styled City ,~,,,i~, For Family Living ~,~~~ ¥ ~0,~ EDA ' ~ REQ T 'OR tCTIOS O~matmg Dep~ment Approved for ~enda ~enda Section City M~ager EDA  4-95 Kirk McDonald Item No. By: M~agement Assist~t ~: j 5 MOTION ACCEPT~G ~P~ISALS ~AUTHO~Z~G ST~F TO PROCEED TO NEGOTIATE ~TH PROPERTY O~ERS TO PURCHASE PROPERTIES AT 7609 BASS LA~ ROAD AND 5520 SUMTER AVENUE FOR BASS L~ ROAD EXTENSION HOUS~G ~DEVELOPMENT PRO.CT (I~ROVE~NT PRO. CT NO. 541) At the May 8th Co~cil meeting ~e Ci~ Co~cil ~d staff discussed potential housing redevelopment options in the Bass L~e Road Extension ~ea. Stuff indicated ~at properties would be acquired on a volute, Mlling-seller basis. The Co~cil authorized stuff m ob~n appraisals on ~o prope~ies (7621 B~s L~e Road ~d 5559 Smter Avenue), ~ ~ese prope~ o~ers had previously contacted ~e Ci~ ~d indicated ~ interest in sell~g ~eir prope~ies m ~e Ci~ At ~e J~e 12~ EDA meeting the EDA accepted the appraisals on the first ~o prope~ies, au~orized s~f to negotiate ~th ~e o~ers ~d negotiations ~e c~ently ~de~ay. Also, at the J~e 12~ EDA meeting the EDA au~orized stuff m ob~n appraisals on two additional properties, ~ ~o additional o~ers had contacted ~e Ci~. One prope~ (7609 B~s L~e Road) is located M~n ~e project ~ea ~d one prope~ is located directly adjacent to ~e project ~ea (5520 Smter Avenue) ~d could e~ily be inco~orated into ~e redevelopment pl~. BCL Appraisals has completed ~e appraises on the ~o addffional prope~ies ~d ~e "F~r M~ket Value" estimates ~d comp~ed to ~e J~, 1995, ~sessed v~ues below: Prope~ O~er Ad.ess F~r M~ket V~ue 1995 Assessed Value Ronal~Sh~ie Huebner 7609 B~s L~e Road $65,000 (L~d) $22,500 (Bldg) $47,500 $70,000 Patrick Olek 5520 Smter Ave. No. $85,000 (L~d) $20,500 (Bldg) $51,600 $72,100 R~: ~~a~on: F~ce: ~A-O01 ~ Page 2 July 24, 1995 If the EDA is interested in pursuing the acquisition of two additional properties, staff recommends that the EDA approve a motion accepting the appraisals and authorizing staff to proceed to negotiate with the property owners for possible purchase of the properties. All agreements would be brought back to the EDA for final approval. tREQUEST FOR ACTION Originating Depmlx.ent Approved for Agenda Agenda Section City Manager EDA  24-95 Kirk McDonald Item No. By: Management Assistant By: 6 RESOLUTION AUTHORIZING PURCHASE OF 5559 SUMTER AVENUE NORTH (IMPROVEMENT PROJECT NO. 541) At the May 8th EDA meeting, the EDA authorized staff to obtain an appraisal on the property at 5559 Sumter Avenue in conjunction with the Bass Lake Road Housing Redevelopment Project (Improvement Project No. 541). The property owner had previously contacted the City and indicated an interest in selling their property to the City. At the June 12th EDA meeting, the EDA accepted the appraisal and authorized staff to negotiate with the owners. The appraisal listed a Fair Market Value estimate on the property of $62,000. Staff met with the property owners on June 28th and on July 5th submitted a Purchase Agreement to the owners in the amount of $62,000. The Purchase Agreement also states that the City will assume payment for the pending $2,470 street assessment. The property owners (heirs to the estate) have executed the Purchase Agreement and the City Attorney has prepared the enclosed resolution approving the purchase of the property. No public hearing is necessary. Staff have informed the heirs that it is the City's intent to demolish the structure. This property lies within the redevelopment area as expanded by the Master Modification to the Redevelopment Plans and Tax Increment Financing Plans and the purchase will be funded with TIF funds. Staff recommends approval of the resolution. MOTION BY ~ SECOND BY Review: Admmtstration: Finance: I Commercial (B-2) Sumter Avenue North o'~ L_~ew H°Pe ~- · o stal. 6~ -3' EDA  REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA 77x,24-95 Sarah Bellefuil I ) Item No. By: Administrative Analyst By: / / 7 / MOTION APPROVING QUOTE SUBMITTFff) BY EVERGREEN LAND SERVICES CO., FOR RELOCATION SERVICES FOR THE BASS LAKE ROAD REDEVELOPMENT PROJECT At the February 13th New Hope City Council meeting, staff discussed with the Council the potential for future housing redevelopment in the Bass Lake Road Extension area located between St. Raphael's Catholic Church and Sumter Avenue and between 55th Avenue North and Bass Lake Road. On May 8th Council directed staff to pursue appraisals for two properties including 5559 Sumter Avenue North and 7621 Bass Lake Road. During the June 12th EDA meeting, staff was authorized to obtain appraisals for two additional properties located at 7609 Bass Lake Road and 5520 Sumter Avenue North. Also during this meeting, the EDA authorized staff to proceed to negotiate with the property owners at 5559 Sumter Avenue North and 7621 Bass Lake Road for purchase of their property. During initial discussions with the owners of 5559 Sumter Avenue North and 7621 Bass Lake Road, staff felt that a relocation specialist was necessary to help in the purchase of the properties and the City Attorney confirmed this. This is because anytime a public agency wants to purchase private property they must follow guideline outlined in the Uniform Relocation Act. The City received bids for relocation services from three businesses: Conworth, Inc. $65/hour not to exceed $1,625 per home. Evergreen Land Services Co. $55/hour. Proposal stated that relocation work usually takes between 20 to 25 hours per home. Professional Redevelopment Resources, Inc. $65/hour. Proposal also listed a fixed price of $1,050 per homeowner. Based on the fact that Evergreen Land Services has the lowest hourly rate, a comparable fixed rate, and was highly recommended by Brooklyn Center, Golden Valley and Hennepin County, staff recommends that the EDA select Evergreen Land Services for relocation services in the Bass Lake Road housing redevelopment area. Staff recommends approval of a motion awarding the work to Evergreen Land Services Co. MOTION BY ~~ SECOND BY Review: Administration: Finance: RFA-O01 ~ Originating Department Approved for Agenda Agenda Section City Manager EDA ~,~24-95 Sarah Bellebuil / Item No. / ? By: Administrative Analyst By: / /~ 8 MOTION APPROVING QUOTE FROM W~OBLESKI'S LAWN SERVICE IN THE AMOUNT OF 8,300.60 FOR THE LANDSCAPING FOR THE PROPERTY AT 7901/7909 51 ST AVENUE NORTH (IMPROVEMENT PROJECT #505) The City of New Hope purchased the property located at 7901/7909 51st Avenue North from HUD on February 7, 1994. Currently construction of a handicap accessible twin home is taking place at the site. Construction is scheduled for completion in early August. On June 26, 1995, the New Hope Economic Development Authority approved plans and specifications for landscaping at the property. City staff sought bids for landscaping of the site and received the following quotes: FIRM OUOTE Wrobleski's Lawn Service $8,300.60 Midwest Landscapes $8,402.02 Seaberry Landscape, Inc. $11,346.49 Staff recommends accepting the low quote from Wrobleski's Lawn Service in the amount of $8,300.60. Staff recommends approval of a motion by the EDA approving the quote from Wrobleski's Lawn Service in the amount of $8,300.60 for landscaping the property at 7901/7909 51st Avenue North (Improvement Project #505). Review: Administration: Finance: RFA-O01 ~ WROBLESKI'S LAWN SERVICE 4544 ROSEWOOD LANE NORTH PLYMOUTH, MN 55442 553-1845 TOM SCHUSTER CITY OF NEW HOPE 5500 INTERNATIONAL PARKWAY NEW HOPE MN. 55428 ESTIMATE: 7901 & 7909 51 ST. AVE. N. 7 6' BLACK HILLS SPRUCE 3 2" RED SPLENDOR CRAB 3 2" QUAKING ASPEN 3 2.5" RED OAK 2 2" GREENSPIRE LINDEN 13 24" SCANDIA JUNIPER 6 24" DWARF KOREAN LILAC 7 18" GOLDFLAME SPIREA 12 24" APLINE CURRANT 3 36" CHARLES JOLY LILAC 3 36" AMERICAN CRANBERRY BUSH 9 24" TAUTON YEW 1465 YARDS OF SOD INSTALLED 285 FEET OF STEEL EDGING MULCH AND LANDSCAPE FABRIC TOTAL BID AS BY SPECIFIC AND GERERAL TOTAL COST $1100.00 $520.00 $600.00 $1131.00 $400.00 $300.00 $132.00 $140.00 $22O.0O $80.00 $75.00 $800.00 $1670.10 $427.5O $7OO.OO REQUIREMENTS $8300.60 TOM SCHUSTER CITY OF NEW HOPE 5500 INTERNATIONAL PKWY. NEW HOPE, MN 55428 \lll)~ kSl' [. X\I)~(' \PFS ©7/18/95 Ouote/©r;r= £2L 7901 & 7909 - 51ST AVE. N NEW HOPE, MINNESOTA 7 3 3 3 2 13 6 7 12 3 3 9 1,465 285 861 1 32 EA SPRUCE, BLACK HILLS 06' 158.69 EA CRAB, RED SPLENDOR 2" 148.96 EA QUAKING ASPEN, 2"DB 223.44 EA OAK, RED 2.5" 287.28 EA LINDEN, GREENSPIRE 2" 180.88 EA JUNIPER, SCANDIA 24" 25.05 EA LILAC, DWARF KOREAN 24" 15.30 EA SPIREA, GOLDFLAME 18" 14.39 EA CURRENT, ALPINE 24" 14.39 EA CHARLES JOLY LILAC, 36" 16.63 EA VIBURNUM, HIGHBUSH 36" 17.44 EA YEW, TAUNTON, 18" (SUB. FOR 24") 34.70 SY SOO 1.25 LF EDGER, STEEL 3/16" X 16' 3.00 SF BARK, SHREDDED HARBWO00 (3" DEEP WITH FABRIC) ,57 EA TILL SOIL AND ADB CONPOST TO SHRUB BEDS 368,00 EA PLANTING SOIL ANENDNENT 6,00 FOR 18 TREES EA RINGS OF MULCH FOR PLANTS 6.00 ADO ALTERNATES= - TOPSOIL FOR SOO @ $1,830.00 (3" DEEP) - WATER SO0 AS NEEOE0 FOR 30 DAYS 1,110.83 446.88 670.32 861.84 361.76 325.65 91.80 100.73 172.68 49.89 52.32 312.30 1,831.25 B55.00 490.77 368.00 108.00 .192.00 Total 8,402.02 All matennls guaranteed to be as ~peclfied and the above work [o be performed in accordance ~[th the dra~lng, and ,pcc~ficat~on, ,ubm~{~cd ~nd W~RRANTY pm~rly mmmmn~d, the loss h~ ~n ~ned *~lh]n one year. me to~, h~ not ~n caused b? msec~ or di~. ~d the accoun~ has Been prod ~n full including tin.ce ch~ges w.hin 50 day~ o( the m~ race ~ate. ACCEdeNCE OF PRO~SAL ~ a~ prices, s~Clficatlons ~d conditions ~ ~ausf~to~ ~d am ~by accepted, tbu ~e authorized to do the work a~ Date Signatu~ PAYMENT ~RMS Pay~nt in full due in 30 days feom substantial co~letion. A ~.5~ finance c~arge will be assesseu on the 3zst aay aha each month therea?ter until paid. I understand that a finance charge of 15% per month on the overdue balance will be charged if payment r~ not made a,~ ,pet:fled al:yox e Midwest Landscape,;. Inc has the right to file a lien agalnsl the properly where work has been per'i:ormed but payment ha, not been made Thc hen ~.di be filed within 120 day~; of complenon and wdl include finance charges and filing tees [ undemtand that if legal action mu,,r pe taken to c,,iJecl m? account, all co~l,;. Zncluding attorney ~ t~es wilt be paid by me. ACCEPTANCE OF PAYMENT TERMS 15050 93RD AVENL'E NORTH · ;IAPLE GROVE. MN 55369 · h 12-4"0-4.201 SEABERRY LANDSCAPE INC. 3259 Terminal Drive OFFICE Eagan, MN 55121 612-454-9511 Customer: CITY OF NEW HOPE 5500 INTERNATIONAL PARKWAY NEW HOPE, MN 55428 (612) 533-7650 Comments: 7901 & 7909 51ST. AVE. NORTH, PROPOSAL Description DIG SPRUCE, BLACK HILLS 6FT B&B CRABAPPLE, RED SPLENDOR 2"B&B ASPEN, QUAKING CLUMP#20 CONT OAK, RED 2.5" LINDEN, GREENSPIRE 2" B&B JUNIPER, SCANDIA #5 LILAC, DWARF KOREAN #5 SPIREA, GOLDFLAME #2 CURRANT, ALPINE ~5 LILAC, CHARLES JOLY 36" VIBURNUM, COMP.AMERICAN 36" YEW, TAUNTON 24" B+B SODDING STEEL EDGING WOOD MULCH 1365 SQ. FT. POTTING SOIL FOR TREES Page 1 Quote Date: 07/18/95 Quote Exp. Date: 09/01/95 Salesperson:BRYAN $CHANTZ Quote Number: 2678 Qty Price Ext. Price YYY 7 227.74 1594.18 YYY 3 200.00 600.00 YYY 3 158.04 474.12 YYY 3 377.34 1132.02 YYY 2 241.54 483.08 YYY 13 29.86 388.18 YYY 6 31.98 191.88 YYY 7 21.19 148.33' YYY 12 31.98 383.76 YYY 3 42.00 126.00 YYY 3 55.00 165.00 YYY 9 92.76 834.84 YYY 1465 1.38 2021.70 YYY 285 5.65 1610.25 YYY 1365 0.71 969.15 YYY 8 28.00 224.00 NOTE: WATERING SODDED AREAS BY SEABERRY LANDSCAPE WOULD BE AT A MAXIMUM COST OF 100 MAN HOURS AT A COST OF 30,00 PER HOUR, THE # OF MAN HOURS COULD GO DOWN WITH COOL WET WEATHER AND WOULD BE ADJUSTED ACCORDINGLY, Taxable: 0.00 Exempt: 11346.49 Tax: 0.00 Total: 11346.49 Quantity; TREES: 7 SHRUBS: 13 12 3 9 LANDSCAPE SCI-~EDULE 7901 & 7909 51 ST Common Name; (Botanical); Size; 18 Black Hills Spruce "BFIS" (Picea glauca den.nam) 6'b&b Red Splendor Crab uRSC,, CMalus "Red Splendor") 2"b&b Quaking Aspen "QA" ('Populus tr~muloides) 2"b&b Red Oak (Quercus rubra) 2 1/2" b & b Greenspire Linden CTilia cordata' "Greenspire") 2"b&b 53 Scandia Juniper "Sd-" (Junipems sabina "Scandia") 24"-5 gal. Dwarf Korean Lilac "DKL'* (Syringa palibiniana) 24" - 5 gal. Goldflame Spirea ~GS" (Spirea Japonica Goldflame) Mpine Currant "AC'* (Ribes alpinum) 24" - 5 gnl. Charles Joly Lilac ~.JL" (Syringa vulgaris C Joly) 36" - b & b American Cranberry Bush "ACB" (Vi~um trilol~n) 36" -b&b Tmon Yew (Taxus x media "Tauntoni") 24~ -b&b ,~.)~) REQUF~T FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA Sarah Bellefuil , Item No. By: Administrative Analyst By: ~ 9 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE AND HOLDING OF A PUBLIC HEARING REGARDING SALE OF 7901 51ST AVENUE NORTH (IMPROVEMENT PROJECT #505) City staff have found a buyer, Carey Luckeroth, for the second unit of the handicap accessible twin home being built at 7901/7909 51st Avenue North and a Purchase Agreement will be executed, subject to the approval of the EDA. By law, a public hearing regarding the sale must be held with at least 10 days published notice. The attached resolution authorizes the public hearing and publication of the notice. The public hearing would then be conducted at the August 14th Council/EDA meeting. Staff reommends approval of the resolution authorizing publication of notice and holding of a public hearing regarding sale of 7901 51st Avenue North (Improvement Project #505) · , .,/ ~,/ (_./ /~"A-O01 ~ NOTICE OF PUBLIC HEARING PER MINN. STAT. CHAPTER 469 AUTHORIZING SALE OF PROPERTY AT 7901 51ST AVENUE NORTH ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE Notice is hereby given that the Economic Development Authority in and for the City of New Hope, Minnesota, will meet on the 14th day of August, 1995, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing to consider the sale of the following described property to Carey A. Luckeroth: 7901 51st Avenue North New Hope, Minnesota 55428 (Lot 2, Block 1 of Marky Addition, Hennepin County) The public may see the terms and conditions of the sale at the City Hall and that at said public hearing, the Economic Development Authority will decide if the sale is advisable. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the zoning code amendment. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk to make arrangements (telephone 531-5117, TDD number 531-5109). Dated the 25th day of July, 1995. s/ Valerie J. Leone Va]erie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 3rd day of August, 1995.)  I EDA l fl 'l' I OR AOI'IOI I Originating Department Approved for Agenda Agenda Section City Manager EDA Sarah Bellefuil Item No. By: Administrative Analyst By: 10 REQUEST APPROVAL OF THE MINNI~SOTA CITY PARTICIPATION PROGRAM (MCPP) APPLICATION COMMITMENT AGREEMENT FOR PARTICIPATION IN THE MINNESOTA CITY PARTICIPATION PROGRAM. On May 22, 1995, the New Hope Economic Development Authority approved the submission of the Minnesota City Participation Program (MCPP) application to the Minnesota Housing Finance Agency (MHFA). The MHFA approved the application and requested that the MCPP Application Commitment Agreement be returned to the MHFA by July 7, 1995. Because of this short time line, President Erickson signed the MCPP Application Commitment Agreement and it was sent to the MHFA with the understanding that the EDA would not deliver a motion on the Agreement until the July 24, 1995, EDA meeting. This request asks the EDA to approve that President Edward Erickson sign the MCPP Application Commitment Agreement for submission to the MHFA. Also with this approval, the City will submit a check to the MHFA for $4,578.96. From these funds, $4,498.96 will be returned to the City in September, and $80 will be retained by the MHFA as a processing fee. The Minnesota City Participation Program provides below-market interest rate mortgage loans to first- time low and moderate income homeowners who wish to buy a house in New Hope. This year, the total amount allocated by the MHFA to the City of New Hope is $449,896. The money will be available through various lending institutions beginning in late July, and will be available for six months. Staff recommends approval of the request. MOTION BY TO: fL~-~~. ! ! Review: Administration: Finance: RFA-O0 ~ ~ MCPP 1995 Fee Schedule Applicant City of Albert Lea Anoka HRA Austin HRA Belle Plaine HRA Bemidji EDA Brainerd HRA Brooklyn Center EDA Brooklyn Park EDA Buffalo HRA Columbia Heights HRA Crystal EDA City of Detroit Lakes City of Duluth Eden Prairie HRA Elbow Lake EDA Elk River HRA City of Fregus Fails Frldley HRA City of Glencoe City of Hopkins Hutchinson HRA Lake City EDA Little Falls HRA Mankato HRA City of Maple Grove City of Maple Lake City of Moorhead Morrison County HRA City of Mounds View New Hope EDA Owatonna HRA City of Perham Plymouth HRA Rice County HRA Richfield HRA Robbinsdale EDA City of Sauk Rapids Final Allocation Processing Allocation Fee Fee $379,635 $361,459 $453,308 $100,000 $230,800 $258,776 $589,984 $1,201,866 $156,692 $392,847 $492,264 $150,076 $1,765,590 $877,564 $100,000 $256,501 $257,804 $564,898 $100,000 $339,231 $247,300 $100,000 $154,687 $649,969 $750,000 $100,000 $681,047 $250,000 $260,761 $449,896 $415,675 $100,000 $50O,0O0 $1,057,063 $734,829 $297,959 $182,664 $3,796.35 $3,614.59 $4,533.08 $1,000.00 $2,308.00 $2,587.76 $5 899.84 $12 018.66 $1 566.92 $3 928.47 $4 922.64 $1 500.76 $17 655.90 $8 775.84 $1 000.00 $2 565.01 $2 578.04 $5 848.98 $1 000.00 $3 392.31 $2,473.00 $1 000.00 $1,546.87 $5,499.69 $7,500.00 $1,000.00 $6,810.47 $2,500.00 $2,607.61 $4,498.96 $4,156.75 $1,000.00 $5,000.00 $10,570.63 $7,348.29 $2,979.59 $1,826.84 $80.00 $80.0O $100.00 $20.00 $40.00 $60.00 $120.00 $240.00 $40.00 $80.00 $100.00 $40.00 $360.00 $180.00 t~?.O.O0 $50.OO ~0.00 $120.00 $20.00 $60.00 $40.00 $20.oo $40.00 $120.00 $160.00 $20.00 $140.00 $60.00 $60.00 $80.00 $80.00 $20.00 $100.00 $220.00 $140.00 $60.00 $40.00 Total Feea Due $3 876.35 $3 694.59 $4 633.08 $1 020.00 $2 348.00 $2 647.76 $6.019.84 $12 258.66 $1 606.92 $4 008.47 $5 022.64 $1 540.76 $18 015.90 $8 955.84 $1 020.00 $2 625.01 $2 638.04 $5 968.98 $1 020.00 $3 452.31 $2 513.00 $1 020.00 $1 586.87 $6 619.69 $7,660.00 $1 020.O0 $6 950.47 $2,560.00 $2,667.61 $4,236.75 $1 020.00 $5 100.00 $10 79O.63 $7 488.29 $3 039.59 $1 866.84 REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA --~7-24-95 Kirk McDonald ~ Item No. ~v~ Management Assistant Bv: / 11 RESOLUTION APPROVING GILL BROTHERS FUNERAL CHAPEL, INC. EXCLUSIVE NEGOTIATIONS AGREEMENT AND 'AUTHORIZING THE PRESIDENT AND EXECUTIVE DIRECTOR TO SIGN (IMPROVEMENT PROJECT NO. 525) At the June 26th EDA meeting, the EDA discussed a Purchase Agreement submitted by Gill Brothers Funeral Chapel, Inc. for the City-owned property at 42nd and Nevada Avenues. The EDA indicated an interest in the proposal and directed staff to meet with Gill Brothers to better define the plans and their' request for City financial assistance. The staff and City Attorney met with representatives of Gill Brothers and Miller Funeral Home Design/Construction on July l lth. The initial site plan showed the building located to the far east side of the properly, with parking on the remainder of the parcel and three curb cuts onto 42nd Avenue. The prospective purchasers had contacted Hennepin County about the curb cut issue and were informed that the County will only allow one curb cut on 42nd Avenue. Therefore, Gill Brothers indicated that they would need to revise the site plan and move the structure closer to the center of the property. This will necessitate the moving of the existing 36 inch RCP storm sewer crossing to the middle! of the site. It was determined that the following steps would be taken to better define their proposal/request: 1. City Engineer would provide Miller Funeral Home Design/Construction with cost estimates regarding the cost to relocate the storm sewer. 2. Gill/Miller would incorporate these costs into their total project costs. 3. Once total project costs are known, Gill will make a formal request to the City for financial assistance and present revised site plans. Total project costs and revised site plans will not be ready until the end of July and it is anticipated that they will make a formal presentation/request to the EDA in August. In an effort to continue negotiations/cooperation on this proposed development, the City Attorney recommended that Gill Brothers and the City execute the enclosed Exclusive Negotiations Agreement regarding the property. The Agreement provides Gill Brothers Funeral Chapel, Inc. the exclusive right to negotiate a Development Contract with the City for the property over the next 90 days. The Agreement lays out the rights and obligations of each party during the 90-day period and states that if an agreement cannot be reached, the obligations of each party under the Agreement will terminate and neither party shall incur any obligation to the other in such event. Staff recommends approval of the resolution. MOTION BY f~ ;~/~/'L~ .SECOND BY · o: Review: Administration: Finance: RFA-O01 STEVEN A. SONORALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT CORRICK & SONDRALL. P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-S671 FAX (612) 425-5867 LAVONNE[ KESKE SHARON O. OERBY July 13, 1995 Mr. Daniel J. McGraw, President Gill Bros. Funeral Chapel, Inc. 5801 Lyndale Avenue South Minneapolis, MN 55419 RE: Exclusive Negotiation Agreement for Property at 42nd Avenue and Nevada Avenue North in New Hope, MN Our File No: 99.11141 Dear Mr. McGraw: This letter is in follow up to our July 11, 1995 meeting. Please find enclosed an Exclusive Negotiations Agreement relating to the property located at 42nd Avenue and Nevada Avenue North in the City of New Hope for your proposed funeral chapel. Basically, the Agreement will provide your corporation with the exclusive right to negotiate a Development Contract with the City for the property over the next 90 days. Essentially, it lays out our respective rights and obligations during that 90 day period and indicates if an agreement cannot be reached, the obligations of each party under the Agreement will terminate and neither party shall incur any obligation to the other in such event. (Please refer to paragraph 3). Please execute the Agreement and return to Kirk McDonald at the City of New Hope. The Agreement then will be considered by the New Hope Economic Development Authority at its July 24, 1995 meeting. Also coordinate with Kirk your appearance at the meeting and what will be expected of you by way of presentation on the project. Call me if you have any questions regarding the Agreement. I will be out of town during the week of July 17th, but Martin Malecha Mr. Daniel J. McGraw, President July 13, 1995 Page 2 from my office will be able to help you with any questions regarding the Agreement. Very truly yours, Steven A. Sondrall New Hope City Attorney slt Enclosures CC: Kirk McDonald, Management Asst. Daniel J. Oonahue, City Manager Valerie Leone, City Clerk ps: Kirk, also attached to your letter is a proposed EDA Resolution for consideration at the July 24, 1995 meeting adopting the Exclusive Negotiations Agreement and authorizing the President and Executive Director to sign same. SAS FUNERAL CHAPELS, 'INC. July 19. 1995 Mr. Kirk McDonald c/o The City of New Hope 4401Xylon Avenue North New Hope~ MN 55428 RE: Exclusive Negotiation Agreement for Property at 42nd Avenue & Nevada Avenue North in New Hope. MN Dear Mr. McDonald: Please find enclosed the signed copy of the Exclusive Negotiation Agreement that I signed and faxed to you today. I had planned to be on vacation the week of July 24, so if you feel it is necessary for me to be at the EDA meeting that day please call me as soon as possible and I or Nei'l McGraw wil! attend. Gill Brothers Funeral Chapels, Inc. looks forward to working with you and the rest of the staff at the City of New Hope. Daniel J. McGraw, President Gill Brothers Funeral Chapels, Inc. EXECUTIVE OFFICE SOUTHWEST CHAPEL 5801 LYNDALE AVENUE SOUTH, MINNEAPOUS, MN 55419 (612) 861.6088 BLOOMINGTON' RICHRELD CHAPEL 9947 LYNDALE AVENUE SOUTH, MINNEAPOLIS, MN 55420 (612) 888.7771 GILL BROTHERS FUNERAL CHAPEL, INC. EXCLUSIVE NEGOTIATIONS AGREEMENT THIS AGREEMENT dated this day of /~ ~/~ , 1995, by and between the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, a Minnesota municipal corporation (hereinafter "EDA"), and GILL BROTHERS FUNERAL CHAPEL, INC., a Minnesota corporation (hereinafter "Developer"); W[TNESSETH; WHEREAS, the EDA desires to promote development within the established Deve]opment District No. 85-2 consistent with the Development District Program and Tax Increment Financing Plan adopted by the Housing and Redevelopment Authority in and for the City of New Hope on December 23, 1985, and as thereafter amended: and WHEREAS, on June 21, 1995, the Developer submitted to the EDA a written proposal for development of an area ("Project Site") of Development District No. 85-2; and WHEREAS, the Developer's proposal, as it may be further amended or supplemented (hereinafter "Project"), contemplates construction of a two story colonial style funeral chapel or the project site, the approximate boundaries of which are set forth in Exhibit A attached hereto; and WHEREAS, the Project has been reviewed by staff who have favorably recommended to the EDA that the Developer be designated to develop the Project Site; and WHEREAS, the EDA has reviewed the Project and concurs that the Developer should be designated to develop the Project Site, under such terms and conditions as may be established by further negotiations during the term of this Agreement between the Parties; and WHEREAS, the EDA and the Developer (hereinafter referred to jointly as the "Parties"), are willing and desirous to undertake development of the Project; provided that: (a) satisfactory agreements can hereafter be reached from time to time between the Parties for Developer's purchase or other acquisition from the EDA of the Project Site; (b) a satisfactory agreement can hereafter be reached between the Parties to establish the level of public improvements to be provided by the EDA for the project; (c) the Developer can secure satisfactory financing sufficient for the portions of the Project to be undertaken by it; (d) a satisfactory agreement can hereafter be reached between the Parties to establish the level of public assistance, if any, to be provided to the Project; (e) the EDA is satisfied that the Project is economically feasible and in the best interest of the public. NOW, THEREFORE, in consideration of the mutual covenants of the Parties hereto, IT IS AGREED between the Parties as follows: 1. During the term of this Agreement, or any mutually agreed extension thereof, the Parties shall use all reasonable effort to attempt to negotiate and formulate a definitive development contract which shall provide for the development of the Project and shall, at a minimum, contain the following: (a) Terms and conditions, including timing, upon which the EDA will sell to the Developer such lands within the Project Site as may be necessary for the Developer to undertake and complete the Project. (b) Terms and conditions concerning the scope and timing. of construction of the Project by the Developer and of any public improvements to be constructed in connection with the Project. (c) A statement of the nature and amount of any security to be furnished to the EDA to protect the EDA's financial investment in the Project before and after completion of the Project. (d) Such other terms and conditions as may be agreed upon by the Parties. 2. It is the intention of the Parties that this Agreement: (a) shall document the present commitments of the Parties; and understandings and (b) shall lead to negotiation and execution of a mutually satisfactory Development Contract for the Project prior to the termination date of this Agreement. Said Development Contract (together with any other agreements entered into between the Parties hereto contemporaneous therewith), when executed, shall supersede all obligations of the Parties hereunder and constitute the entire agreement between the Parties hereto. 3. Unless otherwise extended by written agreement between the Parties, negotiations hereunder shall continue for a period of 90 days following execution hereof. The Developer may extend the term of this Agreement for an additional 30 days by giving written notice of its desire to so extend the Agreement to the EDA within the initial 90 day per~od; provided, that the Agreement wit1 be extended only if the EDA reasonably finds that the Developer has diligently undertaken and pursued its obligations under this Agreement. If a Development Contract for the Project is not satisfactorily negotiated and executed within the period of this Agreement, as the same may be 'extended, the obligations of either party to one another shall terminate and neither shall incur any obligation to the other, neither at law or in equity. 4. During the term of this Agreement, the Developer shall: (a) provide to the EDA, within 60 days of execution of this Agreement, a preliminary design proposal and a cost analysis projection for the design and construction of the Project. The proposal shall show the location, size, and nature of the Project, including floor layouts, outline specifications and other graphic or written explanations of the Project, shall be accompanied by a time schedule for all phases of development, and shall show and be compatible with any public improvements to be constructed adjacent to or as part of the Project, including the public improvements contained in the Development District Program; (b) undertake and obtain such other preliminary economic feasibility studies, income and expense projections and such other economic information which can be prepared by the developer or market consultants as may be reasonably required by the EDA to confirm the economic feasibility and soundness of the project; (c) within 60 days of execution, submit to the EDA for review a Project financing plan which shows the Developer's ability to finance the Project including evidence as may be reasonably required by the EDA to demonstrate that the Project will be economically successful and that the EDA's investment will be protected, provided same can be prepared by Developer; (d) furnish to the EDA such information or documentation as may be required by the EDA to identify the legal entity constituting the Developer, the identity of the Developer's principal owners and the legal relationships of such principal owners; (e) furnish to the EDA or its designated financial consultant such information as the EDA may reasonably request. However, Developer will not be required to make Financial Statements available on individuals or privately held companies owned or controlled by Developer. If final developer is not a signatory to this agreement, the preceding sentence is void. 5. During this period of this Agreement, the EDA shall, concurrently with the Developer's performance described in paragraph 5 herein: (a) develop a financial plan for the EDA's participation, if any, in the Project and construction of associated public improvements, which plan shall document all public costs, projected public revenues, and bond financing (including debt service) costs; (b) reasonably cooperate with the Developer in meeting the Developer's obligations hereunder; and (c) nothing contained herein shall supersede the obligations of the EDA or the developer contained in any future agreement regarding so-called tax increment financing. 6. It is expressly understood that the subsequent execution and implementation of a Development Contract between the Parties shall be subject to: (a) the EDA's informed judgment that its undertakings thereunder are feasible based upon estimated tax increment revenues and are consistent with the purposes and objectives of the Development District Program; (b) the Developer's determination that the agreed upon real estate tax level on the Project Site will not unduly burden the economic feasibility of the Project; (c) the determination that an adequate time schedule to govern their respective undertaking may be agreed upon between the Parties; and (d) the determination by both Parties, in light of all the facts and circumstances, that undertaking of the Project is in the best interest of both Parties. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By: Edward J. Erickson Its President By: Daniel J. Donahue Its Executive Director GILL BRO/T4~ERS FUNERAL CHAPEL, Daniel J. McGraw Its President INC. c: \ w pS l\cnl~\ ~ill.agr 'N 4401 Xylcn Avenue North New Hope. Minnesota 55428-4898 City Ha/l: 612.,531-5!00 Pd?e: 612.531-51 ?0 Public Works: 612-533-4823 T¢.,O: 612-531.5109 C/ty Haft Fax: Police Fax: 6 !2.E$ Public Works Fax: 6~2-555.?~,, Fire Dep't. Fax: ~ 12.531.5175 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 agreemeff~ - submitted by Gill Brothers Funeral Chapels, Inc. for the City-owned property at 42nd and Nevada Avenues at their lune 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 Hermepin County. The EDA also wants to better define the type of financial assistance you desire. The mount, 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: '""< '" .' ...-, '% C' ', 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 Family Styled City ~?L~' For Family Living GILL BROItI~RS FUNERAL PROJECT NO. 4.37 & PROJECT NO. 486 BULLETIN NO. 4 CITY OF NEW HOPE PROJECT BULLETIN 36TH AVENUE STREET/UTILITY IMPROVEMENTS BETWEEN WINNETKA AND LOUISIANA AVENUES AND RECONSTRUCTION OF 36TH AVENUE RAILROAD BRIDGE Overview As you were previously notified, the City of New Hope is proceeding with Phase I of the 36th Avenue street/utility improvements and with the reconstruction of the 36th Avenue Railroad Bridge. Phase I of the improvements will include construction of a new railroad bridge and street/utility work approximately 2.50 feet on either side of the bridge (not including the final bituminous surface). The span between the new concrete bridge abutments will be 70 feet and will accommodate a 48-foot wide roadway, a 5-foot wide sidewalk on each side and a 6-foot wide boulevard. The contractor started construction at the end of March and the first part of construction involved removal of the existing bridge abutments and construction of new abutments. Short-term road closures began in mid-April on 36th Avenue between Winnetka and Nevada Avenues, with the road being temporarily closed between the hours of 8:30 a.m. and 4:00 p.m., due to certain construction activities. In June, 145 pilings were driven and in July the forming and pouring of footings was completed and the abutment and wing walls were formed. As you were previously notified, when the abutment construction was completed at the end of July, 36th Avenue would be closed to through traffic to erect the steel for the bridge and to perform street and utility work. 36th Avenue Road Closure The project is proceeding on schedule and 36th Avenue will be closed to through traffic between Winnetka and Nevada Avenues starting on Monday, August 7th. It is anticipated that the road will be reopened to through traffic sometime between the end of September and mid-October. It is difficult to be more specific about the schedule for the road closing due to the number of utilities to be constructed. During the closure, the steel for the bridge will be erected, water main and storm sewer will be installed, U.S. West will be relocating their lines, and street/sidewalk/curb construction will take place. The City will be sending out additional bulletins regarding an updated project schedule as the project proceeds. Access Access to the shopping center and the apartments located west of the railroad tracks will continue to be available at all times from Winnetka Avenue via 36th Avenue. Access to Rainbow, Inc., Creamettes, All American Storage and residential properties on Maryland and Louisiana Avenues located east of the railroad tracks will continue to be available at all times from Louisiana and Nevada Avenues via 36th Avenue. Detour Route Traffic traveling east on 36th Avenue will continue to be detoured south on Winnetka to 32nd Avenue, then east to Nevada Avenue, then north back to 36th Avenue. Traffic traveling west will be detoured along the same route. 7/26/95 Contact Persons If you have questions or concerns during the street and bridge construction project, please direct your calls to the engineering representatives: Dave Sanocki: Beeper #580-3614 (punch your number in and he will return your call) or mobile phone (590-0991) Dave will be glad to answer your questions or listen to your concerns Jerry Pertzsch: 636-2168, ext. 260 If you desire to speak with someone at City Hall, please contact Kirk McDonald, 531-5119. The City of New Hope has been working with the Soo Line Railroad and the Minnesota Department of Transportation since 1990 to determine the most efficient manner to reconstruct the bridge and to obtain funding. The City appreciates the cooperation of all the businesses and residents in the area impacted by the construction during this project. The completion of the project will result in much safer traffic conditions on 36th Avenue for both motor vehicles and pedestrians. Thank you for your cooperation. DETOUR ROUTE City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5119 7/26/95 PROJECT NO. 540  BULLETIN NO. 1 PROJECT BULLETIN NEW HOPE 1995 STREET IMPROVEMENT PROJECT (AREA 1) ~'~view The City is proceeding with the 1995 Street Improvement Project (Area 1) which provides for the reconstruction of 1.1 miles of residential streets, as shown on the attached map. The streets included in the project are: Quebec and Rhode Island Avenues from 60th Avenue to 61st Avenue 61st Avenue from Winnetka Avenue to West Broadway 60th Avenue from Sumter Avenue to Quebec Avenue Sumter Avenue from 62nd Avenue south to the City of Crystal border Sumter Place At the June 26th City Council meeting, the Council awarded the contract for the street improvement project to Hardrives, Inc., low bidder, in the amount of $349,904.40. The contractor will utilize the bituminous reclamation process where all of the existing bituminous surface of the streets is reclaimed and mixed in with the existing gravel base. Concrete curb and gutter which has broken or settled will be removed and replaced. Two bituminous lifts are then placed for a 3-1/2" thick section. Included in the reconstruction is the adjustment of manholes and gate valves to finished surface elevation. Finally, all necessary sodding and restoration is completed to restore the area to a condition equal to or better than original condition. Storm sewer improvements on 60th Avenue, 61st Avenue and Sumter Avenue, as well as the regrading of the pond at 60th and Quebec Avenues, are also included in the project. The storm sewer improvements include extensions to the existing storm sewer system to improve street drainage and provide greater inert capacity into the storm sewer system. Sump Pump The storm sewer extensions will provide residents with sump pumps discharging to the street an opportunity to direct them to nearby storm sewers. As part of this notice process, the City is asking residents to state if they have sump pumps and where they presently discharge. It is hoped that the storm sewer extensions can reduce the number of sump pumps discharging to the sanitary sewer. If the City knows where the sump pumps exist, as well as where they discharge, we can better plan to help homeowners cope with the discharge of ground water from their sump pumps. Please complete the enclosed Sump Pump Form and return it to the City by August 15th. If you received a form in a previous mailing and have already returned it to the City, it is not necessary to complete a second form. Project Schedule The contractor will start bituminous reclamation and the storm sewer construction around August 1st. Work will begin on 60th Avenue and then proceed to 61st and Sumter Avenues. It is anticipated that the utility work and first course of paving will be completed between the end of September and mid- October. At that time a decision will be made, dependent on the weather and scheduling, as to whether the final wear course will be installed during this construction season or in the spring of 1996. Sodding and other restoration will also be completed in the spring. 7/26/95 Access There may be days during the construction when you do not have vehicular access to your property. The contractor or Engineer will make an effort to contact all affected property owners (verbally or in writing) several days in advance so that vehicles can be removed from the property and parked on the street in advance of construction. The City will work with the contractor and property owners to maintain mail delivery and garbage collection services as required. It is the intent that services will not be disrupted, however specific construction circumstances may require some modifications in certain areas. Parking The New Hope City Code prohibits the parking of vehicles on any public street within the City between the hours of 2:00 a.m. and 6:00 a.m. unless a temporary on-street parking permit is obtained. There will be some discretion used by the New Hope Police Department regarding the enforcement of this ordinance during the construction period for persons residing on streets in the construction area. If you are unable to enter your driveway due to curb/driveway reconstruction, overnight parking on side streets in the general area will be allowed without obtaining a temporary on-street parking permit. On-street parking will be allowed only when access to your property by vehicles is not possible. If by chance you do receive a ticket for overnight on-street parking, please bring the ticket to the Police Department and it will be reviewed for dismissal. Working Hours The New Hope City Code allows the contractors to operate their equipment from 7:00 a.m. to 9:00 p.m. on weekdays and from 9:00 a.m. to 9:00 p.m. on weekends/holidays. The contractor complies with these requirements on a routine basis, however, please contact the New Hope Police Department (531-5170 non-emergency) if you have any concerns or problems related to late evening or early morning noise. Contact Persons If you have questions or concerns during the reconstruction project, please direct them to Paul Sobania, Project Field Representative, (636-2168 ext. 456) or the New Hope Public Works Department (533-4823). If you prefer to speak to the City Engineer, please contact Mark Hanson (636-2168 ext. 338). Additional bulletins will be sent in the future to keep you updated on the progress of the project. Thank you for your cooperation during this project. City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 531-5119 7/26/95 · i T : ~ : ~ : ' · ': i ' ~ ~ "i MARY ~ i J ." i .~ , \ .ii "i...~......r ---'.-'-"f ......... r'~'':J' '". 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ASSESSMENT AREA BOUNDARY mmmmmmm PROPOSED' STREET IMPROVEMENTS NEW HOPE, MINNESOTA FIGURE 3 1995 STREET IMPROVEMENT PROGRAM (AREA 1) CITY PROdECT No. 540 34182F05.DWG APRIL 1995 COMM. 34182 AIIOOillmI NAME: ADDRESS: SPECIAL ASSESSMENTS SUMP PUMP LOCATION & DISCHARGE DAYTIME PHONE: I do have a sump pump YES NO My sump pump runs more than a few times a year My sump pump discharges to: Yard Street Sanitary Sewer Don't Know YES NO I do not have a sump pump, but have drain tile which discharges to: COMMENTS: Yard Street Sanitary Sewer Don't Know RETURN FORM TO: SPECIAL ASSESSMENTS CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE, MN 55428 Please return form bv August 15. 1995 IMP #540 PLANNING AND DEVELOPMENT Second Quarter 1995 Report City Council Synopsis The major economic development issue/program undertaken during the first quarter, and implemented during the second quarter, was the "Shop New Hope" promotion. The program was undertaken to assist retail businesses in the City and to educate residents about shopping opportunities in New Hope. A steering committee composed of shopping center owners/managers, local banks and major free-standing businesses was formed to oversee the promotion. Key Group Advertising was hired to assist with the promotion and the Mayor and City Council members took a very active role in spearheading and assisting with the campaign. A City-wide kick-off event for all New Hope retailers and residents was held on June 14th and included a parade, classic car show, food and craft court, band and a Duk Drop, with the duks being redeemable at local merchants. A tabloid with a map of the City and a listing of all retail businesses was also developed/distributed with over 100 merchants advertising specials. Billboards were also erected in/around the City and new banners were installed on 42nd Avenue. The 5-week campaign lasted from mid-June to the Duk Duk Daze fireworks display. Already the organizing of this event has greatly enhanced the communication between the City Hall and local retailers and the event may lead to the organization of a local business association. Another accomplishment during the second quarter was the approval by the EDA of a gap financing loan to assist Universal Co/or, Inc. with their acquisition of the Kuppenheimer building at 7700 42nd Avenue. Color Lab had been seeking a new location in the City for the last several years, while leasing space at Autohaus, and has been in business in New Hope for 15 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. During the second quarter, the EDA also received two proposals for the purchase of the City-owned property at 42ncYNevada Avenues. The EDA declined a Letter of Intent submitted by EVEANN Limited Partnership for a Champion Auto Store on the site, as the EDA determined to maintain their position that they would prefer a non-auto oriented use. The EDA was more receptive to a Purchase Agreement submitted by Gill Brothers Funeral Chapels, Inc. to construct a funeral chapel on the site. The EDA directed staff to work with Gill Brothers to define the type of financial assistance they need and to better define the site plan layout. This matter will be further discussed by the EDA in the third quarter. Lastly, staff developed the first Business Retention Newsletter during the second quarter and distributed it to all New Hope businesses. The purpose of the newsletter is to increase communication between businesses and City officials about financing programs, ordinance changes, etc. Staff also participated in the TwinWest Site Tour and the '"State of the City" presentation during the second quarter to update interested persons about City projects and programs. While the overall caseload of planning/zoning applications was down during the second quarter, staff was busy with Shop New Hope and TwinWest activities, which were highly successful. Respectfully submitted, Kirk NfcDona/d Management Assistant/Community Development Coordinator PLANNING AND DEVELOPMENT Second Quarter 1995 Report The Planning Commission reviewed the following cases during the second quarter: No. of Cases Notices Sent April 2 6 May 2 40 June 1 48 Month Apr. May June Type of Request Number Variance 1 Ordinance-Pool Halls 1 Prel. Plat 1 SBPR 1 CUP-Home Occ. 1 Approved Denied 1 1 1 1 1 Withdrawn Tabled YEAR TO DATE TOTALS APPROVED DENIED WITHDRAWN TABLED Preliminary Plat 2 CUP 3 Variance 1 SBPR 1 Ordinance I TOTALS 8 PLANNING/DEVELOPMENT ISSUES ~!i!i~~i~~ii~i~ii~iiii~{~- In April the Planning Commission approved a 5-foot variance to the rear yard setback requirement to allow for an adequate turning radius and stacking space for additional car wash operations at Texaco on 49th and Highway 169. The City Council approved the Planning Commission's recommendations at the April 10th Council meeting. ~!ii!iiiii!~~i!~!!!i!~- At the April lOth Council meeting, the City Council approved the Iow quote from Lot Surveys, Inc. for the platting of C.C.I. Addition and the plat was prepared/distributed in April. The Planning Commission and City Council approved the Preliminary Plat of C.C.I. Addition at their May 2nd and 6th meetings, respectively. The Final Plat is in the process of being completed and will be presented to the City Council for approval in July. ~ii!ili~iiiiii!~~~~ - Following several months of study by the Codes & Standards Committee, the Planning Commission approved an Ordinance Amending Regulations Governing Commercial Recreational Facilities and Pinball Machine, Video Game and Pool Table Licenses at their April 4th meeting. This item was presented to the City Council on April 10th and was tabled for further discussion at a work session. Due to the fact that the six-month moratorium was due to expire on May 28th, at the May 22nd Council meeting the Council extended the termination date on the moratorium for an additional six months. 10. H~.~:ii~~- At the April 10th EDA meeting, the EDA discussed a request by Hoyt Development for the City to use condemnation to provide access to his land-locked Outlot A located behind the Jacobwith property. The EDA opposed the City becoming involved with the use of condemnation over private property to give one property owner an advantage over another and also declined to become involved in a dispute between the two property owners. ~iiii !iiii iiii~!!!ii~~!i!i!~:.~iiiii~i~!iiii~ - At the April 24th City Council meeting, the Council approved a reduction in the Letter of Credit for Five Thousand Winnetka 2nd Addition from $29,250 to $10,500, due to the completion of the majority of improvements. ~~.i~~~i.~O~!i~[!~g[~{~~i~gi~ai~ - At the April 24th EDA meeting, the EDA approved a mutual release between Foremost, Inc. and the EDA and approved a lease between Phoenix Mfg. and the City for the City-owned building at 7528 42nd Avenue. approved the request for site/buildifig"piiiii'i~ile~J~/pprb'v'ai'f~i:'"~" 10,000 square foot warehouse/ manufacturing/office building addition at the Industrial Tool site at 9210 52nd Avenue North at their May 2nd meeting. The City Council approved this request at their May 8th meeting, subject to the conditions recommended by the Planning Commission. Comprehensive Guide Plan Amendment from the City of Plymouth to add 130 acres of the proposed 161 acre Wayzata High School site to the MUSA and to reguide the entire site from LAR to LA-1 Zoning. The amendment was reviewed by the Codes & Standards Committee and a recommendation/response to the City of Plymouth was presented to/approved by the full Planning Commission at their May 2nd meeting. The response, which stated that the amendment would have no significant impact on New Hope, was incorporated into resolution format and was approved by the City Council on May 8th and forwarded to the City of Plymouth and the Metropolitan Council. ~ijlii~ji~iiiii~iiii~~- At the February 13th City Council meeting, the Council discussed potential redevelopment in the Bass Lake Road Extension area. After receiving inquires from residents in this area for rezoning or sale of their parcels, staff was directed to explore redevelopment possibilities and financing options. This area is located in the recently expanded Tax Increment Redevelopment District. A neighborhood meeting was held on May 3rd and the residents in attendance were receptive to the redevelopment ideas. At the May 8th City Council meeting, the Council directed staff to obtain appraisals on the two properties willing to sell. Appraisals were obtained and presented to the EDA on June 12th and authorization was given to negotiate with the property owners to purchase the properties at 5559 Sumter Avenue and 7621 Bass Lake Road. Also at the June 12th EDA meeting, authorization was given to obtain appraisals on two additional properties at 5520 Sumter and 7609 Bass Lake Road. ~!~ii!i~Ji?i~ii~~ ' At the May 8th EDA meeting, the EDA discussed the "Shop New Hope" promotion and approved the Letter of Agreement between Key Group Advertising and the City. Flyers/tabloids were delivered to schools and businesses, retail and industrial, in the City. The Kick-Off Event was held on June 14th at City Hall/Civic Center Park with a parade, carnival rides, food/crafts, chalk art, band, and duk drop. The promotion was a great success with over 100 businesses participating and the campaign may lead to the formation of a local New Hope business organization. 11. 12. 13. 14. 15. 16. 17. ; At the ,April 24th EDA meeting, the EDA discussed a request by Universal Color Lab for a gap financing loan to assist with acquisition of and improvements to the Kuppenheimer building/property located at 7700 42nd Avenue North. The EDA directed staff to work out a loan agreement, and after a financial analysis was completed, the EDA approved a $140,000 low interest loan at their meeting on May 22nd. meeting, the Council approved the release of Financial Guarantee for Valvoline Instant Oil Change, Inc. in the amount of $8,060, as all improvements to the site had been completed. ~~~[~ili~~iiii~- At the May 22nd City Council meeting, the Council also authorized the release of Performance Bond for SuperAmerica for site improvements at 6144 West Broadway in the amount of $46,500. ~i!ii~~iiii~iiiii~ilI - The Planning Commission approved a conditional use permit to allow a home occupation for a home-based electrolysis business at their June 6th meeting, subject to conditions, including allowing up to nine customers per week. At the City Council meeting on June 12th, the petitioner requested to have up to 20 customers per week and this was granted by the Council. ~iiiiiii~~iiii~~ - At the June 12th Council meeting, the Citizens Advisory Commission recommended that the Council consider revisions to several City ordinances pertaining to trees, based upon their discussions with the City Forester. 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 be conducted at a future Planning Commission meeting. ~iiii~~~- The EDA approved the City's participation in Phase II of the Community Partners Business Retention Program sponsored by the North Metro Mayors Association at their June 12th meeting. The first phase of the program surveyed all industrial/ commercial/retail businesses in the City regarding their needs and expectations. The six-month Phase II program beginning July 1st will involve prioritizing recommendations, developing specific action plans and updating the existing data base. ~~ii~~ - At the begirming of 1995, the Community Development staff and Building Official initiated regular semi-monthly meetings to review/discuss planning/ development/housing issues. The purpose of the "BLT" meetings is to improve coordination between the City Manager's Department and the Inspections Department and to provide better information to persons/businesses inquiring about available buildings/land for development in the City. A log has been established to track all responses to inquiries. During the second quarter staff has continued to update the list of available vacant land and buildings in the City. The purpose of maintaining a current vacant land/building listing is to provide more accurate information to businesses/industries wanting to locate in New Hope. During the second quarter, data was compiled from all of the initial surveys and a draft of the results was submitted to the working group for review and analysis. 18. 19. 20. 21. 22. 23. 24. Ma~k~[iS~dY - The EDA discussed having the Planning Consultant complete a market study for Winnetka Shopping Center to determine how to attract viable businesses to this site at their June 12th meeting. The EDA directed staff to seek a 50/50 cost sharing arrangement with the owner of the Shopping Center for the market study. This matter will be brought back to the EDA for consideration in July. Letters of Intent for the City-owned property at 42nd/Nevada Avenues during the first quarter, which were reviewed at the June 26th EDA meeting. The Letter from EVEANN Limited Partnership for Champion Auto Store was refused as the EDA is abiding by their earlier decision for a non-auto oriented use. Another Letter from Gill Brothers Funeral Chapels, Inc. is being researched further, as the EDA is interested in that proposed use of the property. ~ii!~~i:i~~ - The City Council adopted An Ordinance Amending the New Hope Liquor Code by Increasing the Number of Available On-Sale Licenses (from three to four) and Increasing the Initial Investment for a Restaurant, Class One License from $850,000 to SiM at their April 24th meeting, following review and discussion of this issue at an earlier work session. ~~ii!ii~iiii~ - The City of New Hope participated along with the Cities of Golden Valley, Crystal and St. Louis Park in the TwinWest Chamber of Commerce Site Tour on May 23rd. The event featured a 45-minute tour of each city with the Community Development Coordinators pointing out successful projects and available commercial/industrial land for development. The site tour culminated with a luncheon address from the Director of the Minnesota Department of Trade and Economic Development. ~i?:i?:ii::i~ii~iii~!ii~iiiii - The TwinWest "State of the City" address was held at New Hope City Hall on May 31st with the City Manager presenting a program on the City's current development projects in the City. ~~:ii:i:~~iiiiii~.!..':~ -In June, the New Hope Community Development staff and Building Official published/distributed the fa'st New Hope Business Retention newsletter. The newsletter is an attempt to increase communication between businesses and City officials and includes information on ordinance revisions, available financing, development success stories, etc. It is intended that the newsletter will be published semi-annually. ~O~iiii~iiiiii~- During the second quarter, the Codes & Standards Committee continued to study code changes regarding the regulation of tattoo parlors, minor sign code changes, and establishing an ordinance allowing the seasonal sales of produce. These code revision recommendations will be presented to the Planning Commission and City Council during the third quarter. Kirk McDonald Management Assistant/Community Development Coordinator ENGINEERING Second Quarter 1995 Report City Council Synopsis There are three major construction projects that are currently underway that required a .great deal of staff time and City Council attention during the second quarter: Work continued on schedule on the 36th Avenue Railroad Bridge and Phase 1 of the Street Reconstruction Project. The bridge was constructed in 1925 and was in need of major repair, with the major deficiency being the safety hazard posed by the inadequate roadway width between the existing concrete piers. Phase 1 of the project includes construction of a new railroad bridge and street/utility work approximately 250 feet either side of the bridge. The span between the new bridge abutments wi//be 70 feet and wi//accommodate a 48-foot wide roadway, a 5-foot wide sidewalk on each side and a 6-foot wide boulevard. Construction was started in March and the City is striving to keep residents/businesses in the area informed of the project via project bulletins. Two bulletins were mai/ed during the second quarter: one in April with notification of short-term road closures and one in May regarding the driving of 150 pilings. Work on the footings, abutments and wing walls will be completed in July, at which time 36th Avenue will be permanently closed for the erection of the steel for the new bridge. Work also got underway on the Cooper High School Street and Parking Lot Improvements during the second quarter. Pre-construction meetings with both contractors were held in April and a project bulletin was mailed to residents in May. The City's contract includes all street, parking lot and utility improvements, with 47th Avenue being extended between Winnetka and Boone Avenues and Zealand Avenue being reconstructed into a cul-de-sac. When the project was started, staff received many phone calls regarding the building of the berm. The City's portion of the project is several weeks behind schedule due to some heavy rains and the heat wave, but all work should be completed near the end of August. The 1995 Street and Storm Sewer Improvement Project also proceeded during the second quarter with the project being divided into two project areas. Bids for the street work in Area 2 (all streets excluding Rhode Island, Quebec, and 60th and 61st Avenues) were opened and the contract awarded in April. The pre-construction meeting was held in May and the first project bulletin was mailed in May, just prior to the start of construction. This portion of the project is currently underway and on schedule. The Council deleted Area I (Rhode Island, Quebec, and 60th and 61st Avenues) from the initial project in April and initiated a separate project. A new public hearing was conducted and plans and specifications approved in May. During June bids were received and the contract was awarded at the end of June. This project will get underway near the end of July. Besides these three major projects, work continued on the City-wide Retaining Wall Project, the Transportation Plan Update was approved by the Council, and seven Backyard Drainage Improvement Projects (to be funded from the Storm Water Utility Fund) were initiated. The city also received some good news from the MPCA, with an "all-clear" letter finally being issued forthe City-owned property on 42nd and Nevada Avenues. Last, but not least, a number of park improvement projects were continued or initiated during this quarter. Final site work and punch list items were completed on the Jaycee Park Play Equipment and construction on new Northwood Park Play Equipment progressed on schedule. The contract was awarded for Park Shelter Roof Repairs at Civic Center and Little Acre Parks in April and this work was completed in June. Plans and specs were approved for Basketball and Tennis Court Improvements at Begin Park in May and the contract for the work was awarded in June, so that work will proceed in July. Probably the most significant park project currently underway is the Grading and Lighting Improvements for Lighted Field on 49th Avenue. Plans and specs were approved in May and contracts were awarded in June and the work will proceed shortly. With all of the street, park and other miscellaneous improvements currently under construction or ready to proceed, a number of engineering project goals and objectives were met during the second quarter of 1995. Respectfully submitted, Kirk McDonald Management Assistant/Community Development Coordinator ENGINEERING PROJECTS Second Quarter 1995 Proj.# Project Name Jan.- April May June Jul - Mar. Dec. 437 RR Bridge - 36th Avenue 2nd project bulletin mailed on Geotechnical testing bids Pilings installed 4/10 re: short-term road approved on 5/8 closures 3rd project bulletin mailed on 5/26 re: driving of pilings 462 42nd/Nevada Ave (Ground- Received 'all clear" letter from water & Soil Cleanup) MPCA on 6/21 Council awards bid to abandon & seal wells on 6/26 469 Retaining Walls Grading, sodding and sidewalk reconstruction work in process 498 Northwood Lake Drainage On-going discussions with Crystal & Plymouth during this quarter 499 Comp. Storm Water Plan Priority projects and options discussed during this quarter in July/August to finance improvements to be presented to Council 502 City Hall Space Needs Final punch list items in process of being completed 507 42nd Ave. Landscape/Maint. Discussions continued landscaping work and improve- 42nd and Winnetka regarding rebidding remaining ments at intersection of 521 1995 Street Improvements Bids opened on 4/21 and Pre-construction meeting held Change Order gl approved on (Area 2) awarded on 4/24 on 5/9 6/26 (storm sewer) Council deleted Area 1 on 1st project bulletin mailed on 4/24 5/12 Construction started on 5/15 522 Jaycee Park Play Equipment Final site work and punch list items in process of being completed 524 4400/4500 Quebec Ave. Closing/sale of property Prel. Plat approved on 5/8 Final Plat in process to CCI Future storm water pond and plans discussed Proj.# Project Name Jan.- April May June Jul - Mar. Dec. 525 36th/Boone Traffic Signal Committee meeting on 4/26 Recommendations presented to Council on 4/10 526 Traffic Plan Update Final draft presented to Council approves on 6/26 Council on 4/10: tabled 527 Cooper Street Improvements Pre-construction meetings Project bulletin mailed on 5/26 Change Order #1 approved on held on 4/10 and 4/21 6/26 due to poor soil/drainage conditions 528 1995 Backyard Drainage Council ordered plans/specs Council approves plans/specs for on 4/10 7 properties on 6/26 and authorizes bidding Informational letter sent to residents with easements 529 47th Ave. Water Tower Neighborhood meeting held on Discussions continue with 3-City 5/12 Water Commission 530 Lighted Field Improvements Council approves plans/specs Bids received on 6/21 & call for bids on 5/22 Separate contracts awarded for grading & lighting on 6/26 Easement from Boone partner- ship accepted on 6/26 531 Northwood Park Play Equip. Construction in process 532 1995 Municipal Swim. Pool Leak in large pool repaired Leak in baby pool being evaluated 534 Park Shelter Roof Repair Bids opened on 4/4 Work in process Work completed Civic Center/Little Acre Council awarded contract on Final payment approved on 6/26 4/10 535 Court Remodeling Council approves plans/specs Bids received on 6/12 Begin Park & call for bids on 5/26 Council awarded contract on 6/12 Proj.# Project Name Jan.- April May June Jul - Mar. Dec. 538 42nd Avenue Street Lights Council approves agreement Staff meets with NSP and w/NSP to remove old & cemetery officials to further install new underground discuss project electrical service on 4/10 540 1995 Street Improvement - Area I Council deleted Area 1 from Public hearing held on 5/22 Bids received on 6/23 project on 4/24 and initiates Council orders construction & Council awards contract on 6/26 separate project preparation of plans/specs on 5/22 o ENGINEERING PROJECTS Second Quarter 1995 Report Progress took place on the following major engineering projects during April, May and June: ~et~aii~!i~~l - The contract mr the bridge reconstruction storm sewer improvements was awarded at the December 12th Council meeting to Johnson Brothers Corporation, low bidder on the project, in the amount of $1,299,936.25. The first project bulletin was sent out February 1st to 450 residences/businesses informing them of the upcoming project. Construction started at the end of March, with the removal of old/construction of new bridge abutments. A second project bulletin was mailed to residences/businesses on April 10th informing them of short-term road closures which began in April and will extend until the end of July, when the road will be permanently closed for two months. At the May 8th Council meeting, the Council approved a proposal from American Engineering Testing for geotechnical and material testing at the site in the amount of $7,725. The third project bulletin was mailed on May 26th informing residences/businesses of the progress being made and the schedule for the pilings. The majority of piling work was completed before the 4th of July and work is now proceeding on the abutment and wing walls. ~!!i~d~iii~~!~i~ii~ ~!i~:....~i!!~~ - At the January 23rd Council meeting, the City Council approved the submittal of the Minnesota Petroleum Tank Release Compensation Fund Application Addendum for 42nd/Nevada Avenues soil clean up and also approved the request to MPCA for site closure and issuance of "no further action" letter. The City received an "all-clear" letter from the MI)CA on June 21st stating that the investigation and cleanup had adequately addressed the petroleum tank release and that additional investigation/cleanup was not required. At the June 26th City Council meeting, the Council approved a quote from Agassiz Environmental Systems in the amount of $1,578 to abandon and seal the wells on this property. ~J~ii~i!~~!!i~~ii~4 - The majority of the work on the retaining wall project was completed in the fall of 1994 and remaining items, such as grading, sodding and some sidewalk reconstruction work were completed during the second quarter of 1995. ~j~ii~S~i!~iiRii~!i~!i~~ - Under the direction of the Finance Director, this :::::::::: :::::::2'":::::::::::::::::::::::: ":::: ...... :::::::::::::::::: :::::::: ::' ":: ::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::..~ project was essentially completed during the first quarter with the Inspections/Finance/Managers Departments moving into the renovated space in February/March. During the second quarter, final punch list items were addressed and final payment will be forthcoming in the third quarter. ~~] - Discussions continued on a staff level regarding the clock tower agreement with the School District and the 45th/Winnetka sign agreement with Winnetka Center. At the May 22nd City Council meeting, the Council discussed the request from the contractor for additional monies to complete the landscaping on this project, which was to be completed this spring. The recommendation from staff is to re-bid the remaining work. Also discussed at the May 22nd meeting was the proposed clock tower. Council will continue to discuss this project at a future work session. ~i~ii~ii~ii~ii~iii~~ - There was a considerable amount of Council and staff time devoted to this project during the first and second quarters. During the first quarter, the Council accepted the Feasibility Report, conducted a public hearing and approved the project, approved final plans and specifications and authorized advertisement for bids. The bids were opened on April 21st and presented to the Council at the April 24th Council meeting. The bid was awarded to the low bidders, Hardrives, Inc. in the amount of $887,828 with Option B, which calls for the reclamation of the existing bituminous surface to be used in the project. The Council also determined that it would reconsider its previous decision to defer street repairs on Quebec, Rhode Island, and portions of 60th and 61st Avenues North in a separate project and delete that area (Area 1) from this project. The pre-construction meeting for the project was held on May 9th and first project bulletin was mailed to residents on May 12th. The project construction started on May 15th and is currently in process. The City Council approved Change Order No. 1 in the amount of $32,617 at the June 26th Council meeting for additional storm sewer work. ~,[~iiii~iiii~iii:~j~!!i~i~iii~i!i!~- The installation of the equipment was completed during the fourth quarter of 1994 and final site work/punch list items were in the process of being completed during the second quarter of 1995. ~:.~iii~iii!i~~ii~i!ii~iii~- On February 13th, the City Council approved the purchase of 4400 Quebec Avenue and authorized the sale of the property to Conductive Containers, Inc. The City acquired the property for $120,000. CCI intended to purchase the property from the City and the City will utilize part of the property as a storm water retention pond/easement. At the April 10th City Council meeting, the Council approved a quote from Lot Surveys, Inc. for the plating of the property at 4400/4500 Quebec. The preliminary plat was approved at the May 8th City Council meeting. The closing on the property took place in April and City staff coordinated the platting of the property, with the preliminary plat being approved at the May 8th Council meeting. The final plat is in process. ~J~i~i~~ii~~i~!i~ - A committee of school officials, parents, residents residing near this intersection, Police Department representatives, City Engineer and staff was formed to study this issue during the first quarter. The committee met twice, on March 9th and April 6th, and reviewed a variety of options. The options were presented to the City Council at their April 10th meeting and the general consensus of the Council was to make no additional immediate changes to the intersection other than installing 30 mph speed limit signs. It was also determined that staff would continue to monitor the intersection. 10. ~,[~ii?ii~iiiiiii~~~iii!ii~!i!ili~- The City Engineer presented the final draft of the Transportation Plan Update to the Council at the April 10th meeting and the Council tabled the plan for review at a June work session. At the June 26th City Council meeting, the Council moved to approve the Transportation Plan Update. 11. ~iiiii!!i~iiii iii~:.ii~iiiii~ili~- During the first quarter, the Council accepted the Feasibility Report, approved plans and specifications, conducted a public hearing, advertised for and opened bids, awarded the contract for the street improvements and approved the revised Conditions of Approval. Pre-construction meetings were held on April 10th and 21st. A project bulletin was sent to area residents on May 26th. Construction on the City's portio of the work (street, parking lot and utility improvements) started on June 3rd and construction is currently underway. At the June 26th City Council meeting, the Council approved Change Order No. 1 in the amount of $19,660.50 for street section improvements near New Hope Elementary due to poor soil and drainage conditions. 12. ~iiii~iiii~ii~~ili~~iii~~- During the fourth quarter of 1994, the City Council reviewed staff's recommendations for five backyard drainage improvement projects, proposed to be funded out of the Storm Water Utility Fund: 1. 5960 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 constructic a 5. 4649 Rhode Island Avenue - storm sewer construction The City Council discussed this issue at their April 4th work session. At the April 10th City Council meeting, the Council ordered plans and specifications for the five locations be prepared. At the June 26th Council meeting, the Council approved plans and specifications for seven properties (including two additional properties listed below). 6. 8040 60th Avenue - lower existing catch basin in backyard 7. 4964 Xylon Avenue - add catch basin structure in backyard Bids will be opened and the contract awarded in July. Staff also mailed all impacted property owners a letter advising them about the status of the projects and requested the necessary temporary/permanent easements. 13. ~;]~iiii~j~[~iii!i!~ilil !i!i~i?ii~ - At the December 12th City Council meeting, the final report of the 3-City Joint Water Commission Water System Analysis was presented and accepted. The results of the study indicated the system is in good shape, however, certain upgrades are necessary. One recommended improvement would be to replace the north water tower located at 47th & Aquila with a new one million gallon water tower. The City's share (1/3) is estimated at $330,000 for the new water tower. The Council reviewed this recommendation at a spring work session and suggested that a neighborhood meeting be held with residents. A meeting was conducted on May 15th and the three cities are continuing to review/discuss this issue. 14. ~ii!iii~i~iiiii~..!'..~i!!i!~i!!~~{~~ - During the fourth quarter of 1994, the Parks & Recreation staff met with the City Engineer and the baseball coach from Armstrong High School to discuss needed improvements to the field, as grading, irrigation and lighting improvements were programmed for 1995. Some initial surveying work was completed by the City Engineer on this project during the first quarter. At the May 22nd City Council meeting, the Council approved plans and specifications and called for bids for replacement lighting and grading. Bids were received on June 21st. The City Council considered the bids at their June 26th Council meeting and the contracts were awarded to: Hamelwood for grading in the amount of $91,815.80 and Killmer Electric for lighting in the amount of $57,980 (low bidders). Also at the June 26th meeting, the Council accepted an easement at 4921 Boone Avenue in order expand the distance from the backstop to home plate and thanked Boone Partnership for their donation of the easement to the City. Work will start on July lOth. 15. ~,~iii~iiiii~~ili~iii~~iii~~{- The Citizen Advisory Commission made a recommendation at their December meeting that Northwood Park be named the site for new play equipment in 1995 and this recommendation was approved by the Council in January. On February 21st another meeting was conducted by the Park and Recreation Department with neighbors to determine equipment needs and discuss plans. At the March 13th Council meeting, plans and specifications were approved and advertisement for bids was authorized. At the March 27th Council meeting, the contract for the equipment was awarded to Odland Construction, low bidder, in the amount of $61,614. During the second quarter the majority of work on this project was completed with two play areas being constructed: one for children ages 1 - 6 and one for children ages 6 - 12. The project will be completed by mid-July. 16. 17. 18. 19. 20. ~oj~i~$31;:!~i~i~af! S~~giP~l:ii~t~ - D~ring the first quarter Park a Rec staff met with representatives from Bonestroo & Associates and reviewed the cracked pipe in the main pool and overall baby pool operations. During the second quarter the leak in the main pool was repaired and it will be re-examined at the end of the season. A leak has also been discovered in the baby pool and the engineer and subcontractor are currently evaluating the problem. Repairs will be completed at the end of the season. ~J~i~!ii~iii~!ii~i~:.....~~~iii~iii~!~ii~i:ii~ - The City Council approved plans and specifications for park shelter roof repairs at these parks at the March 27th Council meeting. Bids were opened on April 4th and the contract was awarded to Hunerberg Construction in the amount of $21,050 at the April 10th City Council meeting. Approval was given at the June 26th City Council meeting for final payment to Hunerberg Construction in the amount of $21,395. Final payment is being held pending receipt of final paperwork and confirmation that there are no roof leaks. Council meeting, the Council approved plans and specifications and authorized to call for bids for 1995 Basketball and Tennis Court Improvements. Bids were opened on June 12th and presented to the City Council on June 12th. The contract was awarded to Barber Construction, low bidder, in the amount of $68,056. Work is scheduled to begin the first part of July and should be completed by mid-August. ~i~iiii~ii!iii~!!!~~!iiii~iii!~- At the April 10th City Council meeting, the Council approved an agreement with NSP to remove old and install new underground electrical service on the south side of 42nd Avenue between Boone and Winnetka Avenues. In June, staff met with NSP and Gethsemane Cemetery officials to further discuss this project. ~j~ii~iiiii~ii~i!!ii~~i:. ........ ~iiii~{iiiii~iiiii~- At the April 24th City Council meeting, the Council deleted Area 1 from Project//521 and initiated a separate project for this area. On May 8th, the Council provided for a public hearing to be held at the May 22nd Council meeting. At the May 22nd Council meeting, the Council conducted the public heating and approved a resolution ordering construction and ratifying preparation of and approval of final plans and specifications. The bid opening for the 1995 Street Improvements - Area 1 was on June 23rd and the contract was awarded to the low bidder, Hardrives, Inc., in the amount of $349,904.40 at the June 26th Council meeting. A pre-construction meeting will be held in mid-July before construction gets underway. Kirk McDonald Management Assistant/ Community Development Coordinator HOUSING AND REDEVELOPMENT AUTHORITY Second Quarter Report .. City Council Synopsis During the second quarter the City continued work on a number of housing and redevelopment activities. Construction began at 7901/7909 51st Avenue North and will be completed the beginning of August. One unit has been sold and staff is working with a second party on the purchase of the second unit. The property at 6073 Louisiana Avenue North will be developed sometime in 1995. Staff is discussing developing a three bedroom handicap accessible twin home on the property. In addition, the City has received a Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan in the amount of $125,000 to help finance construction of the twin home. Staff is also looking at other blighted properties throughout New Hope that could be purchased, rehabilitated, and sold to Iow/moderate income families. One property that is currently being looked at is a single family HUD home located at 6067 West Broadway. The City will be using a variety of financing sources to purchase and rehabilitate the property including a $120,000 Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan and $11,500 in HOME funds. During the second quarter the City Council undertook a'major single family housing redevelopment initiative by authorizing staff to obtain appraisals on four (4) properties and negotiate with these property owners for acquisition by the City on a "willing seller" basis. In February staff discussed with the Council the potential for future housing redevelopment in the Bass Lake Road Extension area located between St. Raphael's Catholic Church and Sumter Avenue between 55th Avenue North and Bass Lake Road, as several property owners contacted the City and were interested in selling to the City. These inquiries generated discussion about potential redevelopment and the opportunity to correct infrastructure and housing problems in the area. Concept redevelopment plans were prepared and a neighborhood meeting conducted on May 3rd. In June the Council/FDA authorized staff to proceed with appraisals on four of the twelve properties. The project will continue into the third quarter with the City taking formal action to acquire the properties. Respectfully submitted, Kirk McDonald Management Assistant/ Community Development Coordinator Sarah Bellefuil - ~ v Administrative Analyst HOUSING AND REDEVELOPMENT AUTHORITY Second Quarter 1995 Report The New Hope HRA continues to be busy with the management of housing programs and redevelopment activities in the City. Section 8 Rental Assistance Program Currently, the Section 8 Rental Assistance Program is providing assistance to 236 New Hope low income families. This is down slightly from the 253 families that were being served in March. During this same time period in 1994, New Hope was providing assistance to 251 families, so overall the program is serving the fewer families in 1995 as in 1994. The breakdown is as follows: Certificams Vouchers Total April 185 68 253 May 181 70 251 June 169 67 236 The number of housing inspections has decreased compared to the same time period in 1994. During the second quarter of 1995 a total of 115 inspections were completed, as compared to 192 for the same time period in 1994. A breakdown of housing unit inspections for the second quarter is contained in the following table: Initial Reinspect Total Year to Date Section 8 81 34 115 199 Minnesota NAHRO Education Scholarship Program In December, the City initiated participation in the 1995 Minnesota NAHRO Education Scholarship Award. The Minnesota chapter of the National Association of Housing and Redevelopment Officials has established an education scholarship to assist lower income individuals with post-secondary educational expenses. To qualify, the applicant must be a resident of a housing unit or be a participant in a rent assistance program. The applicant's annual household income must be at or below 50% of the area median income as determined by HUD. Individual scholarship awards of $500 per year for two years are available. The City has primary responsibility for promoting the program, taking/verifying applications, and sponsoring an applicant. The City solicited applications from persons the City feels would be good candidates for the program. During the fn:st quarter, the City received an application and submitted it to Minnesota NAHRO for consideration. During the second quarter, the City was notified that the applicant the City sponsored did not receive a scholarship award, due to the large number of applications submitted. Community Development Block Grant Program Housing Rehabilitation Program -- Hennepin County manages the Housing Rehabilitation Program for the City and maintains a waiting list. The funds assist low income persons in making basic repairs to homes that they own. Currently there are two residential households in the process of being assisted, one being rehabilitated and one on the waiting list. At this time all Year XVIII (1992/93) funds have been expended. Approximately $27,527 in funds has been expended or committed from Year XIX (1993/94) and $23,400 out of $26,400 has been committed from Year XX (1994/95) funds. Year XXI CDBG Funds -- During the first quarter, the City submitted Year XXI Urban Hennepin County CDBG program statements. New Hope was allocated $182,816 for Year XXI. During the second quarter the City will receive an additional $123,326 in program income that can be reprogrammed into other activities. The additional income was generated by the Petro Fund reimbursement for contaminated soils clean-up at 42nd & Nevada Avenues. From these funds, $29,976 will be reprogrammed for the Removal of Architectural barriers that occurred during the City Hall remodeling and will effectively close out this debt. The remaining $93,350 will be devoted to scattered site housing activities in New Hope. Scattered Site Housing Projects During the first quarter the City continued to pursue several projects that will be funded by CDBG, MHFA, HOME, EDA and City funds. Projects that use these funds include the following: 7901/7909 51st Avenue North -- During the second quarter, the City received bids for the construction of the handicap accessible twin home located at 7901/7909 51st Avenue North. A formal bid opening took place on April 4, and Equal Access Homes was the low bid. At the April 10 City Council meeting the contract for construction of the project was awarded in the amount of $169,808. Also at the April 10 meeting, Council awarded G. L. Contracting the bid for completion of the sewer and water work in the amount of $9,375. Construction at the property began in late April and is expected to be completed in Early August. Other exterior changes at the property include the removal of dead or dying trees, pruning shrubs, and removing old curb cuts and installing new ones. Staff also designed a landscaping plan which was approved at the June 26 City Council meeting. During the second quarter staff has continued to market the property on cable television, in the local newspaper, City newsletter and through organizations that target the disabled population. In late June the City received numerous applications for the second unit and one person proved eligible to purchase the property. Staff is working with that individual on purchasing the second unit. 6073 Louisiana Avenue North -- During the second quarter, staff has been working on a budget for the construction of a three bedroom handicap accessible using MHFA, CDBG, and EDA funds. In addition, the City has received a Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan in the amount of $125,000. The Housing Assistance Loan would be applied toward the construction of the twin home and paid back at the time of sale. Staff will present the three bedroom handicap accessible twin home concept to the City Council during the third quarter of 1995. CareBreak Facility -- The New Hope EDA acquired 5501 Boone Avenue North and the northern 75 feet on 5425 Boone Avenue North through the eminent domain/condemnation process, to facilitate the construction of the CareBreak Adult Day Care Center to be operated by Senior Outreach Services. Due to the cost of constructing a new facility at the 5501 Boone Avenue, Care Break has now shown interest in purchasing the Homeward Bound site at 4741 Zealand Avenue North and using that building instead. The City has designated $100,000 (approximately $33,000 per year for three years) in CDBG funds for a future Care Break facility. Originally this money was to go toward land acquisition and construction at 5501 Boone. Because of the change in location, the funds will now be used for remodeling the Homeward Bound facility. Due to the location change, staff is preparing an Environmental Assessment on the Homeward Bound site. The assessment will be completed in the third quarter. Conversion of a Fourplex or Sixplex to Group Home Facilities - During the first quarter, staff have toured group homes as part of a study to determine the feasibility of developing a small group home for the special needs population. During the second quarter staff was awarded HOME funds in the amount of $90,000 to be used toward this project. The City is looking at two sites for the project: 7621 62nd Avenue North and 7300/7316 Bass Lake Road. The project would require the purchase and conversion of a fourplex or sixplex apartment building. A service provider, such as Hammer Residences, or the CHDO would have to own and manage the property after rehabilitation has been completed. Purchase and Rehabilitation of Two Single Family Homes -- During the past few months staff have been surveying New Hope neighborhoods looking for two homes that are in severe need of rehabilitation. One property that the City is interested in purchasing is a single family HUD house located at 6067 West Broadway. If possible, the City will purchase this home in July or August. The project will be funded through HOME, CDBG, and EDA funds. In addition, the City has received a Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan in the amount of $120,000. The Housing Assistance Loan will be applied toward the purchase and rehabilitation of the homes and paid back at the time of sale. Other Housing Grants/Programs Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan -- On February 9, the City submitted two Metropolitan Council Housing and Redevelopment Authority Housing Assistance Loan applications. One application was for $125,000 for the construction of a three bedroom handicap accessible twin home to be constructed at 6073 Louisiana Avenue North. The second application was for $120,000 for the purchase and rehabilitation of two homes that would be resold to low income families after rehabilitation had been completed. The Housing Assistance Loans are zero interest and must be repaid when the sale of the units are complete. The City presented the applications to the Metro Council Advisory Committee on April 26 and the Metro Council Community Development Committee on May 8. Both of these committees approved the applications. The Metropolitan Council awarded both of the loan applications requested by the City in May. Community Activity Set-Aside (CASA) Program -- The CHODO has recently been made the designee of $1 million in mortgage revenue bonds through the MHFA Community Activity Set-Aside (CASA) Program. CASA funds can be used to provide first-time homebuyer mortgages to low and moderate income people that are purchasing homes through the CHODO. Marquette Bank New Hope is the designated lender for the mortgage revenue funds. The interest rate for the funds are 6.85 % and are the exclusive use of the CHODO for period of nine months. MHFA Minnesota City Participation Program The MCPP is a program through the MHFA in which the MHFA sells mortgage revenue bonds on behalf of participating cities to meet locally identified housing needs. The proceeds from the bonds provide below-market interest rate mortgage loans for low and moderate income first-time home buyers. The MCPP is a six month program that begins in July and run for six months. During the first four months, participating cities have exclusive use of their individual allotment. During the final two months, the individual allotments go into a statewide pool that is available to all MCPP participating cities. In June, the City applied for the 1995 MCPP program. It is estimated that the City will receive roughly $500,000 in MCPP first-time homebuyer funds this year. The exact amount available for first-time homebuyer loans and interest rate will not be made public until July. CO-OP Northwest 1993 HOME Grant -- During the fall of 1993, staff was notified that Hennepin County had approved a $274,100 5-City grant application for Federal HOME funds. New Hope, will utilize $40,000 worth of HOME funds, in conjunction with other grant moneys, to acquire and build a handicap accessible twin home at 7901/7909 51st Avenue North. During the first quarter of 1995, the City presented the CHODO Board of Directors with a request for $55,500 for the construction of a three bedroom handicap accessible twin home to be built at 6073 Louisiana Avenue North and to purchase/rehabilitate one blighted single family home to sell to low income buyers. This request, along with requests from Crystal, Robbinsdale, and Brooklyn Park will use up the remaining 1993 HOME funds. 1995 HOME Grant -- In 1995 the CHODO hired Project for Pride in Living (PPL) to act as coordinator for the 1995 HOME grant applications. In April, PPL completed and submitted the 1995 HOME application to Hennepin County. The amount requested by New Hope was for $90,000 to convert a four or sixplex into housing for the disabled and purchasing, rehabilitating, and selling single family homes to low/moderate income first-time homebuyers. 5-City Multi-Jurisdictional Housing/Human Services Group -- Staff continues to participate in groups that seek out programs to integrate human services with multi-family housing complexes. Seven action groups have been formed and staff serves on the Planners' Sub-Group and the Housing and Human Services Group. Besides serving on these groups, staff reports to/attends Executive Committee meetings. These groups meet on an informal basis to coordinate housing programs, the annual remodeling fair, the Renters Rights' Forum, and other new initiatives. Multi-Family Housing Financial Assistance Policies In September 1993, the EDA approved a Multi-Family Housing Financial Assistance Policy to address requests for funding assistance for building rehabilitation/renovation work from owners of multi-family dwellings in the City. In February 1994, a loan proposal was approved for New Hope Apartments (four 12-unit buildings) in rehab work. The closing on the loan was completed in June and the renovation work was started in July. A substantial amount of work was completed during the third and fourth quarters and several payment requests were approved, subject to recommendations from the Inspections Department. At the November 14th EDA meeting, the EDA approved an additional $20,000 loan to cover additional unanticipated expenses including a new fire alarm system. Staff has been pleased with the cooperation of the owners and the overall execution of the rehabilitation project. This project continued during the second quarter of 1995 and the project should be finalized this fall. Staff is interested in undertaking a similar project at another multi-family housing complex in 1995/1996. Respectfully submitted, Kirk McDonald Management Assistant/ Community Development Coordinator Sarah Bellefuil Administrative Analyst Local Planning Issues in Siting Cellular Towers By Michelle Gregory In coming months, communities may lose the right to regulate the siting of cellular telephone towers, just as that industry is emerging as a major player in the larger telecommunications industry. The Cellular Telecommunications Industry Association (CTIA) filed a petition with the Federal Communications Commission (FCC) last December that asks for federal preemption of local zoning powers over cellular transmission facilities. This issue of Zoning News aims to acquaint local planners with the impacts, real and perceived, of cellular towers. Local siting regulations, staff reports, and telecommunications plans from 15 jurisdictions were reviewed to provide a summary of siting considerations. Planners should understand that some jurisdictions regulate cellular towers specifically, while others have regulations that apply to "communication towers" generally. Wherever possible, we have tried to cull examples of regulatory techniques specific to cellular technology. These varying degrees of specificity also exist in the regulations of many state communications and public utilities agencies. Planners should learn their state's bureaucratic structure and its definition of communication towers before drafting local regulations. Representatives of the cellular industry were also consulted for this article. In contrast to the tone of the CTIA petition, many expressed an eagerness to work with APA and local communities to educate planners and citizens toward the development of safe, fair, and informed regulations. Cellular History In 1974, the FCC expanded the radio spectrum available to the public in order to make room for budding cellular telecommu- nications technology. Through the mid-1980s, the industry worked to develop higher-quality transmission devices. Cellular technology was first marketed to consumers in the form of the car phone. It presented local governments with the phenomena of cellular telephone antennas and the towers on which they are mounted--towers that had to be erected somewhere in the community. Unlike ground-wired telecommunications, cellular technology made it possible for a caller to travel while commu- nicating with someone at a conventional telephone or with another mobile user. Cellular technology, explained in greater detail below, operates on a fixed number of channels that share the same radio waves. As a mobile user passes through "cells" that parcel the landscape into a transmitting grid, the caller's connection is "patched" from one cell antenna to the'next. Twenty years later, personal communication services (PCS) have expanded to include hand-held portable phones and paging systems, and they are evervwhere. A survey in the January 1993 issue of Consumer Reports reported that cellular technology, added an average of 7,300 users per day in 1992, bringing the U.S. total to about 10 million. Those numbers have continued to grow, reaching more than 24 million by the JUNE 1995 AMERICAN PLANNING ASSOCIATION end of last year. That, in turn, has expanded the number of cellular transmission sites to 17,920 last December from just 384 a decade earlier. In response to both the increasing demand for mobile communication options and a very aggressive lobbying effort by the industry, the FCC opened another portion of the airwaves for industry use. On March 14, the agency completed the biggest auction in U.S. history, lasting three months and costing telecommunications carriers $7 billion. The airwave rights were divided geographically into 99 licenses that went to commercial mobile radio service (CMRS) carriers nationwide. The licenses were awarded to the highest bidders among a combination of older and newly formed companies. The FCC will auction more licenses later this year to accommodate private mobile radio service (PMRS) carriers, which serve freight transporters, public safety entities, citizens band radio, and ham operators. The newly licensed carriers are already acquiring sites for towers and their accompanying equipment buildings. Where a market exists for cellular communications, local government must be prepared to ............ deal with siting issues. ~"r,.,_~"a~-~;Cellular The industry's growth O*~7~'"g~'a~"e : a solution to has outpaced many local governments' ability to ~aesthetic zoning issues understand the impacts of cellular towers and, therefore, to properly site and regulate them. The situation is further complicated when residents, expressing alarm over the aesthetic and reported health-related effects of cellular towers, prompt hasty, reactionary '~ regulation. To avoid writing ' bad law, some communities have instituted siting moratoriums until they have ample opportunity to research and formulate regulations that are fair to both the community and the industry. Both trends have put carriers on the offensive. Thwarted by local "learning curves" and "regulatory barriers" in their efforts to break into new markets, they have sought powerful remedies. The CTIA petition argues that the supremacy clause (section 332) of the 1934 Federal Communications Act authorizes preemption of state and local regulation of cellular tower siting. APA, in a letter to the FCC, expressed opposition to such preemption. In March, executive director Michael Barker told the FCC that local communities and planners are in the best position to balance their concerns with the needs of the cellular industry. The National Association of Telecommunications Officers and Administrators, the U.S. Conference of Mayors, the National League of Cities, and the National Association of Counties have filed similar objections. Nature of the Technology Low-power mobile radio communication, also known as cellular communication, is accomplished by Iinking a wireless network of radio wave transmitting devices (portable phones, pagers, or car phones) to the conventional ground-wired communications system (telephone lines) through a series of short-range, contiguous cells that are part of an evolving cell grid. For example, a portable phone transmits a signal to the nearest cellular antenna. The call is relayed from the antenna to the nearest land-based telephone line or microwave dish, and then to a central switching computer. From there, the call is sent to its destination, either a land-based telephone via the land-based line or another mobile communication device via the closest cellular antenna. Calls can originate or be received from a wireless source because antennas share a fixed number of frequencies across the cellular grid. In other words, while a caller may dial her destina- tion number from within the radius of one cell antenna, she may travel into the radius of another during the call. The call proceeds uninterrupted as the transmission is "patched" from one antenna to the next. While the caller is moving, the cellular antennas are automatically locating an unoccupied frequency on the next antenna, thus enabling continued transmission. When a caller cannot successfully place or maintain a call, either he is out of range or the nearest antenna is at full capacity. Cellular tower technology differs from satellite, microwave, or land-based communications in that it is based on a network of short-range cell sites with a fixed capacity. If the cells are not linked by cellular towers, microwave dishes, or ground-wired towers, transmission will fail. Similarly, ifa cell is crowded by too many users, it must be "split" into two cells, each having its own radius; thus, only the cellular antennas of separate carriers can share space on the same tower. It is physically impossible for a single carrier to deliver service successfully if its antennas are not dispersed. Most local regulations require that all technically available space on existing towers within the jurisdiction be used before new towers are erected. In other words, cellular carriers must lease space to other carriers on their towers; the cellular industry considers this leasing arrangement to be a less-than-ideal solution. As the demand for cellular telecommunications increases, cells in a given area must be subdivided, or additional carriers must be permitted to operate there. The end result is the need for more towers. Towers and Antennas Towers may need to range in height from 50 to 200 feet so that antennas can overcome the challenges posed to communications by local topography. The required height is usually proportional to a combination of the distance antennas can cover and the demand within their radius. Higher towers generally cover a larger geographic area, but have a lower service demand, and are known as coverage sites. Shorter towers, known as capacity sites, cover smaller areas with a more concentrated demand. Tower height can also vary according to engineering requirements for a specific site or the technical capabilities of the antennas being mounted. In addition to dedicated, free-standing cellular towers (monopoles), there are guyed towers (anchored with guy wires) and lattice, or self-support rowers, which have three or four sides of open-framed steel supports. Some cellular antennas can occupy space on other .types of communication towers when engineering is feasible. This is known as using a donor site to troubleshoot a small gap or dead spot within the grid. A micro- ceil or repeater facility is installed on a preexisting rower to ensure that transmissions within that area are clear. Antennas can also be placed on rooftops and other building features if the building's height can accommodate their service area. In addition, antennas have been mounted on silos, water tanks, windmills, and smokestacks. As cellular use proliferates and the technology improves, the trend toward shorter towers and less obtrusive mounting fixtures is likefv to prevail. Antennas are of three types: omnidirectional, directional, and microwave. Omnidirectional antennas, also called whip antennas, serve a 360-degree area. Directional antennas, also known as panel antennas or rectangular antennas, are used to achieve transmission or reception in a specific direction. Microwave antennas are used to link different types of telecommunications facilities, such as when a portable phone user calls a conventional telephone number. Screening, Landscaping, and Setbacks The most common objection to cellular towers and antennas is their aesthetic impact. Residents, many of whom use the technology, do not want to see the towers cluttering their landscape or degrading property values. Planners and industry, professionals have gone to great lengths to screen, conceal, and set back towers and their associated buildings. All the ordinances reviewed contain some sort of requirement for maintaining existing vegetation or installing landscaping for the purpose of screening the base of the tower and the storage building. Towers can also be camouflaged to blend with the surrounding environment through the use of color, materials, and design. For instance, Jefferson Parish, Louisiana, requires that all cellular towers be disguised as trees: 1. The entire facility must be aesthetically and architecturally compatible with its environment. The use of residentially compatible materials such as wood, brick, or stucco is required for associated support buildings, which shall be designed to architecturally match the exterior of residential structures within the neighborhood. In no case will metal exteriors be allowed for accessory buildings. 2. The tower itself must be of such design and treated with an architectural material so that it is camouflaged to resemble a woody tree with a single trunk and branches on its upper part. Setback distances can be guided by aesthetic and safety concerns. Most are expressed as a percentage of the tower height. In the Pensacola, Florida, ordinance, the setback serves a primarily aesthetic purpose: [T]he distance between the base of the communications towers and any residential zoning district or any historical or architecturally significant building must equal 20 percent of the tower height. Safety-oriented setbacks establish a clear zone for falling tower debris or the worst-case scenario, the tower's collapse. Falling zones for towers vary with their design. At most, they will collapse to a distance equal to their full height, but many are designed to collapse first toward their base. The Oldham County, Kentucky, setback provisions are designed with falling zones in mind: Towers 100 feet or more in height shall be located on the lot so that the distance from the base of the tower to any adjoining properu' line or supporting structure of another tower is a minimum of 100 percent of the proposed tower height. No variance shall be granted from this minimum setback requirement. Towers less than I00 feet in height that cannot satisO' this 100 percent setback requirement may be approved by the board, provided that the applicant present a certification from a registered engineer that the tower will withstand winds of t00 miles per hour. Some communities also determine setbacks by what are considered acceptable levels of electromagnetic radiation. Oldham Count>,; Jefferson County, Colorado; Multnomah County, Oregon; and King Count')-, Washington, all have specific provisions related to the electromagnetic fields (EMFs) .generated by the new tower. The Jefferson County ordinance requires a complete non-ionizing electromagnetic radiation (NIER) analysis with every tower application. Electromagnetic Fields The health risks associated with EMFs have been the second greatest source of community opposition to the siting of cellular phone towers for reasons related to both personal safety and the perceived impact on property values. EMFs are divided into two 'basic categories. Ionizing radiation includes X-rays and gamma ravs. Non-ionizing radiation, the category to which cellular communication devices, radio and TV broadcasting antennas, and satellite stations belong, is considered less powerful because it does not strip the electrons from atoms and molecules to form highly reactive particles known as ions. Instead, it harnesses energy, gen-erated from the vibration of molecules to convey information or, in the case of microwave ovens or electric blankets, to create heat. Since 1979, scientists have conducted more than 1,000 studies, some of which have linked non-ionizing electromagnetic field sources to higher incidences of cancer among children living in close proximity to an EMF source. However, these studies, often cited in opposition to the siting of power lines and communication antennas, have also been found inconclusive because they were unable to isolate their findings to a single EMF source. This is because most homes are equipped with a variety of modern appliances that generate vatying EMF levels. No scientific study has shown a specific correlation between cancer and the NIER levels generated by a cellular communication facility or device. Likewise, no scientific research has proven them to be completely safe. The cellular radio system operates in the 800-900 megahertz (MHz) ultra-high frequency band, formerly used for UHF television broadcasting. Currently there are no general federal guidelines for what is considered acceptable public exposure to radio-frequency-emitted radiation. The U.S. Environmental Protection Agency is developing such standards, but, in the meantime, many communities are relying on the American National Standards Institute for professionally acceptable radio frequency emissions standards for all types of communication towers (see box on page 3). Many of the ordinances we reviewed incorporate the ANSI standards into their review process and approval requirements. Though too detailed to list here, they present acceptable levels of NIER exposures from towers operating at various frequencies. Of all transmitting facilities, cellular towers typically operate at the lowest power levels. While a television tower emits up to 5 million watts, and commercial radio stations up to 100,000 watts, the typical cell site emits 100 watts of power or less, sometimes as little as 10 in urban areas. It should be noted that some ordinances, like Mulmomah County's, include provisions that automatically apply more stringent standards if those are ever issued by the federal government. For more information about the relationship of cellular communications to EMFs, planners may consult the Electromagnetik Energy Association, 1255 23rd St., NW, Washington, DC 20037; 202-452-1070. EEA is a nonprofit group representing corporations and individuals associated with industries that use non-ionizing EMFs. For More Information on EMFs... To assist ~ocal governments in developing ~reg~at~ns for siting cellular towers, the American ~ i d~ti~nil Standards Institute has published the ~and~s 8f the Institute of Electrical and Electronics Engi~rs in IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic F~e~s~ 3~Rz to 300 GHz, 1992 ANSI/IEEE C.95.1-1992 [Red,nation as ANSI/IEEE C95.1-199t]). Another useful ANSI document is Recommended Practice for the Measurement of Potentially Hazardous Electromagnetic Field~RF and Microwave (ANSI/IEEE C95.3-1992}. Order from American National Standards Institute, 11 W. 42~ St:, New York, NY 10036; 212-642-4900. Also see the IEEE position statement, "Human Exposure to Radioff~uency Fields for Potable and Mobile Tele- phones and Other Communications Devices, 1992." Though it pr~ates the advent of cellular communi- cations, a good source for general information on the regulation of radio and television towers is PAS Repo. ~384, Regulating Radio and TV Towers, by Beverly Bookin and Larry Epstein (Chicago: American Planning Association, 1984). For more information on EMFs in ~eneral, consult PAS Repo. ~435, Electm~gnetic ,~lds and Land-U~ Controls, by ~~n, ~ ~ an~ Ma~hew Connetly Other Standard Provisions Colocation. In order to minimize tower proliferation, most communities require applicants to exhaust all possible avenues for sharing space on existing towers, usually in a section of the ordinance on colocation or shared use. Factors that determine feasibility include available space on existing towers, the tower owner's ability to lease space, the tower's structural capacity, radio frequency interference, geographic service area requirements, mechanical or electrical incompatibilities, the comparative costs of colocation and new construction, and any FCC limitations on tower sharing. Many ordinances name the regional or state communications division responsible for tracking the availability of suitable sharing space on towers. Local regulations should be developed in tandem with such agencies. In Palm Beach Count),', Florida, tower applicants must send a certified mail announcement to all other tower users in the area, stating their siting needs and/or sharing capabilities in an effort to encourage tower sharing. Applicants cannot be denied or deny space on a tower unless mechanical, structural, or regulatory.- factors prevent them from sharing. In other words, competing carriers cannot lock each other out of territory. The ordinances for Jefferson County, Oldham County, Multnomah County, and Palm Beach County offer detailed examples of sharing provisions and leasing terms. Structural lntegriey and Inspection. Most ordinances require that any new or modified towers be certified by an engineer accord- ing ro structural standards for antennas offered bv either the Elec- tronic Industries Association or the Telecommunication Industry Association. Inspection schedules seem to vary, widely according to the type of tower, as in this provision from Jupiter, Florida: Inspections--The town Council may require periodic inspections of communication towers to ensure structural integrity. Such inspections may be required as follows: a) monopole towers--at least once every. 10 years; b) self-support towers--at least once every, five years; c) guyed towers--at leasr once eve .ry three years. Inspections shall be conducted by an engineer licensed by the state of Florida. The results of such inspections shall be provided to the director of community development. Based upon results of an inspection, the town council may require repair or removal of a communication tower. Equipment Buildings and Lot Sizes. Cellular towers are often accompanied by a small, usually unstaffed storage building that houses transmitting equipment. Some ordinances treat them as accessory uses or structures, while others specifically state that they are not. Most require some setback from adjoining property lines; the required setback is usually proportional to the area's density. Oldham County seeks to discourage more intense use of the site: [T]hese facilities may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes, or other uses that are not needed to send or receive transmissions. Lot sizes for cellular sites are usually the minimum for the district in which they will be built. Maintenance and Parking. A few ordinances include standards for facility maintenance and parking. The Mulmomah County ordinance has the most extensive treatment of maintenance impacts: Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and traffic, noise, or safety impacts of such maintenance. Zoning News is a monthly newsletter published by the American Planning Association. Subscriptions are available for $45 (U.S.) and $54 (foreign). Michael B. Barker, Executive. Director; Frank S. So, Deputy Executive Director; William R. Klein, Director of Research. Zoning News is produced at APA. Jim Schwab, Editor; Michael Barrette, Dan Biver. Fay Dolnick, Michelle Grego ,fy, Sanjay Jeer. Beth McGuire. Marya Morris, Chris Smith, Reporters; Cynthia Cheski. Assistant Editor; Lisa Barton, Design and Production. Copyright ©1995 by American Planning Association, 1313 E. 60~h St., Chicago, IL 60637. The American Planning Association has headquarters offices at 1776 Massachusetts Ave., N.W., Washington, DC 20036. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the American Planning Association. Printed on recycled paper, including 50-70% recycled fiber and 10% postconsumer waste. ~ 4 Where the site abuts or has access to a collector and local street, access ?'or maintenance vehicles shall be exciusivel~, by means o( the collector street. Parking requirements generally do not apply to cellular towers. For those communities that require parking, the provision applies to an overall "communication tower facility" ordinance in which spaces are required only when the equipment building is staffed. Lighting and Securivy. Lighting for communication towers is required when the tower is tall enough to concern the Federal Aviation Administration (FAA). Jefferson Parish acknowledges FAA regulations and the privacy of neighboring property, owners: When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authori~, it shall be oriented inward so as not to project onto surrounding residential property. Others, in more urban areas, may require full review and certification of the tower application by their local airport authority. This provision is from Palm Beach County: Prior to the site plan certification, the applicant shall provide documentation that the proposed communication tower has been reviewed and is not determined to be a hazard by the FAA... (via) the Palm Beach County Department of Airports .... The PBCDOA shall review the communication tower application to determine if it is a hazard to any FAA flight paths. Some ordinances also require fencing or signage. Jupiter requires a six-foot safety fence with a locked gate. If high voltage is necessary, signs must be posted every 20 feet, saying, "Danger--High Voltage." The operator must also post "No Trespassing" signs. Abandonment. Most ordinances also restrict the time in which an unused tower may stand to between six and 18 months, with some requiring the tower applicant to cover the demolition costs. Application Requirements. Perhaps the most telling section of any ordinance is its application requirements. Although some communities do not list these separately, doing so lets the applicant know exactly what must be provided and indicates how much the community knows about the impacts of cellular phone tower siting. These requirements should be clearly stated and not impossible to fulfill. Jefferson County offers an excellent explanation of what it requires from any tower applicant, and its provisions demonstrate serious research by the planning department and other local agencies. Review of this ordinance and its accompanying "Low Power Mobile Radio Communications Land Use Plan Addendum" is recommended for anyone dealing with cellular siting issues. Meeting the Challenge Any cellular carrier seeking to locate in a community is prepared to deal with siting controversies. Some corporations have even gone so far as to pay for retaining a third-party consultant to review anything they have helped draft. These firms target sites for acquisition based on their topographic efficiency, their accessibility by road, the availability of electric power and land- based telephone lines, their leasability, preexisting vegetation and screening potential, existing zoning, compatibility with adjacent land uses, and their ability to transmit to the largest area. If local governments show that they can meet most of these needs while preserving their community's aesthetic integrity, health, and safety, they should be able to avert federal preemption of their local rights and responsibilities.