090595 Planning AGENDA
PLANNING COMMISSION MEETING OF SEPTEMBER 5, 1995
CITY OF NEW HOPE, MINNESOTA
7:00 p.m.
'3.1
*3.2
3.3
*3.4
4.1
4.2
6.1
6.2
6.3
CALL TO ORDER
CONSENT ITEMS
PUBLIC HEARINGS
Case 95-14 Request for a Conditional Use Permit to Allow a Home Occupation for
a Home-Based Pet Grooming Business, 365.6 Maryland Avenue North,
Christine Ernst, Petitioner.
Case 95-16
Request for a Sign Variance to Allow Pylon Ground Sign(s) with
Multiple Tenant Identification and Size/Areas in Excess of Code
Standards, 4301-4471 Winnetka Avenue North, Winnetka
Associates, Petitioner.
Case 95-07
Consideration of An Ordinance Amending New Hope Zoning Code by
Establishing License Regulations for Tattoo Businesses and Allowing
Tattoo Businesses as Permitted Uses in the Commercial Zoning
Districts, City of New Hope, Petitioner.
Case 95-15
Request for Concept Stage Planned Unit Development Approval to
Allow Construction of a Car-X, Muffler, Brake and Allignment Facility,
7180 42nd Avenue North, David Lasky, Petitioner.
COMMITTEE REPORTS
Report of Design and Review Committee
Report of Codes and Standards Committee
OLD BUSINESS
Miscellaneous Issues
NEW BUSINESS
Review of Planning Commission Minutes of August 1, 1995.
Review of City Council Minutes of July 24 and August 14, 1995.
Review of EDA Minutes of July 24 and August 14, 1995.
ANNOUNCEMENTS
ADJOURNMENT
* Petitioners are requested to be in attendance.
~EPTEMBER
PLANNING
CASES
PC95-16
Winnetka Center
4301-Z
Ave.
PC95-15
7180 42nd Avenue
PC95-14
3656 Maryland Ave.
Planning Case:
Request:
Location:
PID No:
Zoning:
Petitioner:
Report Date:
Meeting Date:
CITY OF NEW HOPE
PLANNING CASE REPORT
95-14
Request for a Conditional Use Permit to Allow a Home Occupation for a
Home-Based Pet Grooming Business
3656 Maryland Avenue North
17-118-21-34-0020
R-I, Single Family Residential
Christine J. Ernst
September 1, 1995
September 5, 1995
BACKGROUND
The petitioner is requesting a conditional use permit to allow a home occupation for a home-
based pet grooming business, pursuant to Section 4.038(4) of the New Hope Code of Ordinances.
°
The petitioner states in her application that she is a professional pet groomer and is a graduate
of a local pet grooming school, "The Cutting Edge." She is presently employed as a pet groomer
in St. Paul and desires to supplement the family income by working from her home, while raising
a family.
The property is located in an R-1 Zoning District and is surrounded by R-i, single family homes,
with R-3, multiple dwellings, located to the south at the intersection of 36th and Maryland
Avenues. The property has a 75-foot frontage on Maryland Avenue and contains 10,800 square
feet. The existing home meets all setback requirements. The off-street parking is typical of a
single family residence in the neighborhood with a double width driveway and garage.
4. The property is located in Comprehensive Plan/Planning District//22, which emphasizes the
maintenance of a quality residential area.
o
The topography of the property slopes approximately nine feet downward from the north side
yard towards the southeast (rear) comer.
The business would be conducted in the laundry room on the lower level of the home. Cars
would park in the driveway, enter the front door for a scheduled appointment and proceed
directly downstairs to the pet grooming area. Appointments last from one to three hours and two
to three dogs would be accepted per day. The hours of operation would be from 8 a.m. to 6
p.m. There is a washtub in the room for bathing the pets and a kennel is also located in this
area, if needed, before the owner would pick up the pet. The petitioner states on the application
that she would advertise locally for business.
Planning Case Report 95-14
2
September 1, 1995
Property owners within 350' of the request have been notified and staff have received no
comments regarding this request. The petitioner has submitted the enclosed petition from
neighbors who support her request.
ANALYSIS
The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally
permissible degree of discretion in determining suitability of certain designated uses upon the
general welfare, public health, and safety. In making this determination, whether or not the
conditional use is to be allowed, the City may consider the nature of adjoining land or
buildings, whether or not a similar use is already in existence and located on the same
premises or on other lands close by, the effect upon traffic into and from the premises, or on
any adjoining roads, and all such other or further factors as the City shall deem a requisite for
consideration in determining the effect of such use on the general welfare, public health, and
safety.
Other general criteria to be considered when determining whether to approve or deny a
conditional use permit include:
A. Comprehensive Plan. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the official
Comprehensive Municipal Plan of the City.
B. Compatibility. The proposed use is compatible with its adjacent land uses.
C. Performance Standards. The proposed use conforms with all applicable performance
standards contained in the Code.
D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the
area in which it is proposed.
E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets
the criteria specified for the various zoning districts:
1. In Residential Districts, R-1,2,3,4,5, R-O:
a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street
abutting business or industrial uses leading directly to thoroughfares, and not onto
minor residential streets.
b. Screening. The proposed use will be sufficiently separated by distance or
screening from adjacent residentially zoned land so that existing homes will not be
materially depreciated in value and there will be no deterrence to development of
vacant land.
c. Compatible Appearance. The structure and site shall have an appearance that
will not have an adverse effect upon adjacent residential properties.
The regulation of home occupations within residential structures is intended to insure that the
occupational use is clearly accessory or secondary to the principal dwelling use and that
compatibility with surrounding residential uses is maintained.
Planning Case Report 95-14
September 1, 1995
For purposes of the City Code, home occupations are defined to distinguish between "permitted
home occupation" and "conditionally permitted home occupations". All home occupations
which satisfy the "permitted home occupation" criteria are considered as a permitted accessory
use in all residential zoning districts. Home occupations which fail to satisfy the permitted
home occupation criteria require a conditional use permit and may be located in any
residential zoning district based upon conditions set forth in the approved conditional use
permit.
Permitted Home Occupations. Home occupations which meet the following criteria:
A. Structural Changes. Businesses which require no interior or exterior changes necessary
to conduct the business, which are conducted within a principal building, and which require
no mechanical or electrical equipment not customarily found in a home.
B. Traffic. Businesses which do not significantly alter the traffic pattern of the neighborhood.
C. Employees. Businesses which do not require employees other than those living on the
premises.
D. Area Permitted. Businesses which require no more than twenty (20) percent of the gross
floor area of a dwelling, not to exceed three hundred square feet, including accessory
building.
E. Sales on Premises. Businesses which are not involved in direct sales on the premises except
as may be conducted through the use of the U.S. mail, commercial delivery services by a
vehicle no larger than a set van, or by taking and ordering delivery of orders by telephone.
F. Outside Storage. Businesses which require no outdoor storage of equipment, machines,
inventory, tools or any other item required for use by the business, excePt for parking of
business vehicles in compliance with §4.036(4)(f) of this Code.
(Items E and F were amended or added to the City Code in 1994.)
Conditional Use Permit. Conditionally permitted home occupations shall consist of those home
occupations which do not meet all of the provisions of//5 above. Said home occupation may be
granted a conditional use permit provided that:
A. Adverse Effect on Neighborhood. The City Council shall find that all business related
activity occurring on the premises shall not cause any adverse changes to the residential
character of the neighborhood.
B. Screening of Exterior Changes. The City Council shall find that any exterior changes
necessary to conc[uct the business are sufficiently screened, properly designed, or separated
by distance so as to be consistent with existing adjacent residential uses and compatible with
the residential occupancy.
C. Interior Changes. The City Council shall find that any interior changes necessary to
conduct the business comply with all building, electrical, mechanical, and fire codes
governing the use of the residential property.
D. Traffic. The City Council shall fmd that the traffic generated by the business involves only
vehicles of the type that typically service single family residences and that such traffic
constitutes neither a nuisance nor a safety hazard.
Planning Case Report 95-14
4 September 1, 1995
7. Staff find that this particular use is conditionally permitted due to the additional traffic that will
be generated.
o
Staff find that the primary issues to consider for this type of use include:
A. Adverse effect on character of neighborhood: Comments from neighbors
concerning
property values, health, odor and security issues should be considered.
B. Traffic: The number of customers and dogs is important.
C. Nuisances: Barking dogs for a commercial use in a residential area should not have to be
tolerated by the neighbors. The Commission may want to address the number of dogs
allowed in the home at one time. This request does .not include the boarding of any dogs.
D. Bus Stop Safety: The petitioner has been made aware of the school bus stop location which
is located near the neighbors driveway next door to the south, and per the enclosed letter,
has agreed to schedule the grooming appointments around the bus schedule.
City staff also requested that a local veterinarian review this request and Dr. Herman from the
New Hope Animal Hospital felt that an annual inspection and an emphasis on isolating dogs to
avoid noise problems would be sufficient to address any public concerns. The Commission may
also want to inquire as to whether the fenced back yard will be utilized for the holding of dogs,
before or after their appointments.
10. The Commission should also inquire as to whether the petitioner will utilize any signage for the
business.
RECOMMENDATION
Staff recommend approval of a Conditional Use Permit to allow a home-based dog grooming business,
pending public comments and subject to the following conditions:
1. Limit of three dogs per day, two dogs at a time in the home, with no barking complaints from
neighbors.
2. Annual inspection by City staff.
3. Clean, sanitary dog confinement and washing/clipping surfaces.
4. Scheduled appointments must not overlap adjacent bus stop times.
Attachments:
Zoning/~ection Maps
Letter from Petitioner
Plat Plan
Site Plan
House Floor Plan
Petition Submitted/Map
Pet Grooming Diploma
Veterinarian Comments
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July 19, 1995
To whom it may concern,
I am bringing this issue before you regarding approval
of my desire to operate a small, safe, and respectable pet
grooming business out of my home. My husband and I have been
married for almost two years, and are expecting our first child
in February. We were both fortunate enough to be raised with
our mothers at home with us full time. My husband and I desire
to do so also, but do to the present economy and our recent
purchase of a home, we need my'income to supplement my husband's
income in order to meet our financial obligations.
Pending your approval of this proposal, I would advertise
locally in order to give as much as possible back to the
community of New Hope. I would accept two to three dogs per~
day. These appointments would be available from eight a.m.
on, and all customers would be gone by approximately six p.m..
Clients may drop their dog off at my home and pick it up upon
completion of the grooming; this allows the customer to have
time to run a few errands and provides the utmost in convenience
for them. If this arrangement proves to be inconvenient
according to their schedule, other arrangements can be made
to suit their needs.
Ail of the appointments will last from approximately one
to three hours depending upon the size and condition of the
pet. During the appointments, the owner's vehicle may be parked
in my driveway. I have a four car capacity in order to not create
excess traffic or congestion, on Maryland Ave. N..
My customers would travel from their home to 36th Ave.
N., from here they would turn onto Maryland Ave. N., and proceed
north to my home at 3656 Maryland Ave. N..
I am a professional pet groomer, and a graduate of the
local pet grooming school, "The Cutting Edge" located off of
Hwy. 100 N. in Crystal. I am currently working for Sandy's
Professional Dog & Cat Grooming in Saint Paul, MN. I have been
working there for approximately four months since my graduation
from grooming school.
Regarding. this proposal, I plan to keep a manageable
clientele to avoid an inconvenince to anyone. The customer
would be greeted at my front door and their grooming desires
for the pet will be discussed. The pet will then be brought
to my grooming area located in the lower level of my home.
If there is any time laps between completion of grooming and
pick up by the owner, the pet will be placed in a kennel, also
located in my grooming area. Bathing would also be done in
the exhisting washtub.
I have brought this matter before several of my neighbors
and they support my intentions and efforts. The feed back that
has been recieved has been supportive. They are understanding
of my desire to work out of my home. My neighbors and I feel
that this is a.justifiable proposal and I will be able to provide
a needed service to the pets and their owners in the New Hope
area while being able to care'for my own child at home..
Ver~sincerely y~rs,
New Hope, MN 55427
PLAT PI. AN AP-~RONEI),
BUILDII'~B ii'~S?EC;TOR
VILLAGE;.. OF NEW HOPE
To whom it may concern,
I am writing 'this letter to accompany my business proposal
that has already been submitted. By talking to my neighbors
they have made me aware of the location of the school bus stop.
It is located on my neighbors driveway which is located next
door to the south. In order to reassure my neighbor about their
concern, I plan to schedule my appointments around the bus
schedule. The bus picks up at 8:00 AM and again at 9:00 AM,
so appointment would be scheduled at 8:30 AM, 9:30 AM and so
on.
AU$t 81g
~TE PLAN DEC ..LARATION
I CERff'iFY THAT I ~ THE PROPERTY OWNER
OR OWNER'S REPRE:~ENTATIVE AND THAT THIS
LLI
I, a resident of the neighborhood have no objection
regarding the approval of this proposal, and support these
efforts.
Se
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The Cutting Edge Pet Grooming
3359 Vera Cruz Avenue North
(612) 537-022i
To hereby certify that on this da~
CHRISTINE ERNST has fulfiile~
graduate from THE CUTTING EDGE
24~
GROOMING S¢
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title of:
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TO: KIRK
FROM: DOUG
DATE: AUGUST 2
SUBJECT: CONSULT WITH VETERINARIAN ON PROPOSED DOG-GROOMING IN HOME
I met with Dr. Randall Herman, owner of New Hope Animal Hospita~ today, to discuss the
concept of a home-based dog-grooming business. The proposed use will involve 2 or 3 dogs per
day, in the basement of a trained dog-groomer's home at 3656 Maryland Ave. No. I suggested
that we are inclined to limit the number of animals to approx. 2 each day, at times that do
NOT coincide with school bus stop hours, next door.
Dr. Herman felt that our annual inspection and an emphasis on isolating dogs to avoid
NOISE problems would be sufficient for likely public concerns. For example, a single dog is not
likely to bark, when being carefully groomecL Introducing a second dog increases the risk of one
or both barking. Any use of the fenced rear yard must be predicated upon a "quiet" use. Client
dog barking is not acceptable on the residential property.
Please whistle, if you have any questions.
cc:
Planning Case:
Request:
Location:
PID No:
Zoning:
Petitioner:
Report Date:
Meeting Date:
CITY OF NEW HOPE
PLANNING CASE REPORT
95-16
Request for a Sign Variance to Allow Pylon Ground Sign(s) with Multiple
Tenant Identification and Size/Areas in Excess of Code Standards
4301-4471 Winnetka Avenue North
17-118-21-11-0018
B-4, Community Business District
Winnetka Associates
September 1, 1995
September 5, 1995
BACKGROUND
The petitioner is requesting a sign variance to allow pylon ground sign(s) with multiple tenant
identification and size/areas in excess of code standards, pursuant to Sections 3.467(4) and 3.48
of the New Hope Code of Ordinances.
Winnetka Associates is proposing to replace the existing pylon/ground sign on Winnetka Avenue.
The proposal is to update the sign by removing the existing cabinet and replacing with a new
cabinet, per the enclosed sketch, and reusing the existing footing.
The new sign would meet the height, setback and area requirement of the Sign Code, as follows:
The
A.
Sign Code Requirements
Height not to exceed 30 feet
Setback of 20 feet minimum
Area not to exceed 200 square feet
Proposed Sign
25 feet
20 feet
175 square feet
proposed sign does not meet the following Sign Code standards/requirements:
The shopping center name identification must use thirty (30) percent or more of the square
area of the identification ground sign.
The proposed sign shows the "Winnetka Center" shopping center name identification
as utilizing 15.4 percent of the square area of the identification ground sign, therefore
a variance is required.
The tenant directory shall not exceed seventy (70) percent of the square area of the
identification ground sign. No individual tenant identification sign within the directory shall
exceed twenty-eight (28) square feet.
The proposed sign shows that the tenant directory would comprise 84 percent of the
total square feet of the ground sign, therefore a variance is required. (The individual
tenant identifications meet the 28 square foot maximum.)
Planning Case Report 95-16 2 September 1, 1995 '
C. The tenant directory shall not exceed five (5) individual business identification signs.
The proposed sign shows that nine (9) individual business identification signs are
located on the tenant directory, therefore a variance is required.
D. All tenant identification signs shall be of uniform style, letter font, color and composition.
Business logos are not permitted.
The sign shows that the "Ace Hardware" logo would be utilized on their portion of the
tenant I.D.
5. Staff have been discussing sign plans with the petitioner since this spring. The original plans
contained a "reader board," which has been eliminated from the plans.
Revised plans were submitted in July that showed a total size of 343 square feet, a 16 percent
shopping center identification space, and ten (10) spaces for individual tenant identification. The
plans you are considering were submitted subsequent to a meeting with City staff which
encouraged the Center to submit plans that came closer to meeting the Sign Code standards.
(The revised plans meet the square footage requirements, the shopping center I.D. area was
increased, and the number of tenants identified was decreased.)
The petitioner states on the application that the variance request should be granted because the
pylon sign would identify the businesses in the center and allow visibility of business names from
Winnetka Avenue.
As you are aware, SuperValu vacated their approximately 40,000 square foot anchor tenant space
this past spring and the New Hope Economic Development Authority is currently funding a
Market Study with Winnetka Center on a 50/50 cost sharing basis to help in the securing of a
new tenant for the vacant space. That study is currently in process and will be completed this
fall.
Winnetka Center is considering applying for a Comprehensive Sign Plan Amendment this fall to
install new canopy signage throughout the center to update the center/improve the overall
visibility/image of the center.
10. Property owners within 350' of the request have been notified and staff have received no
comments regarding t/als request.
ANALYSIS
The purpose of a variance from the Zoning Code is to permit relief from strict application of
the Zoning Code where undue hardships prevent reasonable use of property and where
circumstances are unique to the property. A hardship may exist by reason of narrowness,
shallowness, or shape of property or because of exceptional topographic or water conditions.
The hardship cannot be created by the property owner and if the variance is granted, it should
not alter the essential character of the neighborhood or unreasonably diminish or impair property
values in the neighborhood.
Planning Case Report 95-16
September 1, 1995
"Undue hardship" as used in connection with the granting of a variance means the property in
question cannot be put to a reasonable use if used under conditions allowed by the official
controls, the plight of the landowner is due to circumstances unique to his property not created
by the landowner, and the variance, if granted, will not alter the essential character of the
locality. Economic considerations alone shall not constitute an undue hardship if reasonable use
for the property exists under the terms of the ordinance.
o
o
Additional criteria to be used in considering requests for a variance includes the following and
the Planning Commission/City Council shall make findings that the proposed action will not:
A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance.
B. Light and Air. Impair an adequate supply of light and air to adjacent property.
C. Street Connections. Unreasonably increase the congestion in the public street.
D. Public Safety. Increase the danger of fire or endanger the public safety.
E. Property_ Values. Unreasonably diminish or impair established property values within the
neighborhood, or in any other way be contrary to intent of City Code.
The New Hope Sign Code states that where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of the provisions of this section, the Planning
Commission/City Council has the power to vary the requirements of this section in harmony with
the general purpose and intent hereof, so that the public health, safety and general welfare may
be secured and substantial justice done. When considering a variance, the Planning Commission/
City Council shall make a f'mding of fact and grant approval based upon the following conditions:
The
A. Unique Conditions. That the conditions involved are unique to the particular parcel of land
or use involved.
B. Variation Purpose. That the purpose of the variation is not based exclusively upon a desire
to increase the value or income potential of the business involved.
C. Cause of Hardship. That the alleged difficulty or hardship is caused by this Sign Code and
has not been created by any persons presently having an interest in the parcel.
D. Effect of Variance. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements to the neighborhood.
E. Impairment of Light and Air. That the proposed variation will not impair an adequate
supply of light and air to adjacent property, or substantially increase the congestion of the
public streets, or interfere with the function of the police and fire departments of the City.
proposed pylon ground sign does not meet Sign Code standards because:
A. Shopping Center identification is too small,
B. The total area devoted to tenant identification is too large,
C. The number of tenants identified exceed Code standards, and
D. A business logo is utilized on one of the tenant identifications.
All of the four (4) code requirements not met are fairly minor, however the Commission and
Council will need to determine if this request meets the standards for the granting of a variance,
if the Sign Code needs further review for modification, or if the petitioner should be instructed
to submit revised plans that more closely adhere to the Sign Code requirements.
Planning Case Report 95-16
4
September 1, 1995
7. The Sign Code was amended in 1992 to allow tenant identification for five (5) shopping center
tenants.
A survey of existing shopping center pylon ground signs is attached for your information.
Several of the other centers do not meet the current Sign Code criteria, such as Post Haste Center
where the number of tenants identified exceeds Code requirements, and others have been granted
variances, such as Winnetka Commons Shopping Center where a reader board was allowed.
RECOMMENDATION
Staff is supportive of the Winnetka Center proposal to upgrade the signage, but requests direction
from the Commission and Council as to whether these variance requests are reasonable, whether the
Sign Code needs modification, or whether the petitioner should be requested to submit revised plans
which more closely adhere to the Sign Code requirements.
Attachments:
Zoning/Section/Aerial Maps
Topo/Site Plan Info
Pylon Sign Plan
Photos of Existing Sign
Correspondence with Petitioner
Survey/Photos of Shopping Center Signage
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GROSS SITE AREA 11.2S 4CI"IE~
· S01AIO SQ..FT.
· GROSS BUK. Dg¢Q 89,370
PAII~I¢G :831'AC~..S
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LEASING PLAN
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Marquette Bank
SUPER VALU
WINNETKA CENTER
REMOVE EXSISTING SIGN CABINET AND REPLACE WITH NEW CABINET
PER SKETCH. REUSE E×SISTING [::OOTIN~.
,~401 Xylon A~,enue Ncr:h
New Hope, Minnesota 55428-4898
C~t:/ Ha:l: 512-5! 1-5' ~,0 C,'~¢ ?'all ,'--ax:
Pc,,'Ca: R~?-;~1-5~7'~ Po.I/ce Fax:
Pu~"c ~, %. 612-588-4828 Public Works Fax:
T~O: 612-531.5109 F;re Oep?. Fax:
July 26, 1995
Ms. Lawana Varajon
Building Management, Inc.
5353 Wayzata Boulevard, Suite 210
Minneapolis, MN 55416
Subject:
Pylon Sign Changes for Winnetka Center
Dear Lawana:
This letter is in response to the plan you submitted to Dan and I last week regarding changes to the pylon
sign for Winnetka Center. As I indicated, the Planning Commission is considering some modifications to
the present Sign Code, however it usually takes them three to four months to study/make recommendations
to the City Council on code changes, and I understand that you want to proceed immediately so that time
frame will not accomm6date you.
The plan that you submitted does not meet the present Sign Code standards, due to the following:
A. Height - It appears that the sign is 31 feet in height and the Code allows 30 feet (this is a minor item).
B. Tenant Identification - The current Code (attached) states that the tenant directory shall not exceed five
(5) individual identification signs. Your plan shows ten (10) spaces for identificatiOn, so a variance
would be required. '
C. Overall Sign Size - It appears that the oVerall size of the sign is 343 square feet and the Code allows
200 square feet, so a variance would be required. ~
D. Shopping Center Name Identification - The Code states that-the shopping center name .identification
must use thirty (30) percent or more of the square footage area Of the identification ground sign. We
estimate that the "Winnetka Center" portion of your sign occupies about 16 percent of the sign area,
so a variance would be required. ~
There are other signs in the City that do not comply with some of these requirements and that is because
they have applied for and been granted variances which require Planning Commission and City Council
approval.
My first suggestion to you would be for you to meet with the Building Official and myself to see if you
would be agreeable to making some modifications to your plan so that it would more closely adhere to the
present Sign Code standards. We would be available to meet as soon as possible at your convenience. This
would be the quickest way to get your revised sign approved, as no Planning Commission or City Council
approval would be required if the sign would meet the general intent of the Code.
Family Styled City ~l~ Family Living
Ms. Lawana Varajon
Page 2
July 26, 1995
On the other hand, if you want to pursue the variance process, I will be glad to try and expedite the process.
The Planning Commission meets next Tuesday, August 1st, and this item can be placed on the agenda if you
instruct me that is the route you want to take. In order to be placed on the agenda for next Tuesday, I need
the following:
Notification from you today (7/26) so that a legal notice can be prepared/inserted in the paper.
Application form must be completed and returned with appropriate fee ($175.00) no later than
Thursday (7/27).
Plans (full scale - 10 sets) and one set of 8 1/2" x 11" plans must be submitted immediately along with
a site plan of the shopping center showing the location and setback of the sign.
If you can get this all completed, the Planning Commission would consider on August 1st and the Council
would consider on August 14th. If approved, the work on the sign could start on August 15th, pending
Building Official approval.
I must tell you that, although the City is committed to working with the shopping center, I think you will
have a difficult time getting approval for all of the variances for this sign and I think it would be better if
you would meet with us to work on a revised plan that do6sn't require Council/Commission approval. Then
you could implement your sign improvements immediately. I also apologize for any misunderstanding
regarding a lack of response to your original request. I think the staff felt that some changes in the Sign
Code might be approved by mid-summer, but that has not yet happened.
Please contact me as soon as possible after you have had time to review this information.
Sincerely,
Kirk l~lcDonald
Management Assistant/
Community Development Coordinator
Enclosure:
Sign Plan
Sign Code
Application
CC;
Dan Donahue, City Manager
Doug Sandstad, Building Official
TO: KIRK
FROM: DOUG
DATE: AUGUST 25, 1995
SUBJECT: REVISED WINNETKA CENTER GROUND SIGN PLAN
I have reviewed the plan you forwarded to me, this morning, for the Shopping Center at
Winnetka & 45th Avenue.
Refer to the chart, below, where I have compared this plan to our ordinance for Shopping
Center Ground Signs. Four of the six standards are NOT MET by this plan. And one of the two
standards that it meets (item #5) is likely to be recommended for deletion from the code.
( 4 ) Ground SJ. gns.
'OK
(a)
Sh~pp£ng Centers. Shopping cankers contain£ng more than
four separate and distinc~ occupancies may erect only one
ground· sign per s~reet frontage (single or double faced)'to
be used as an identification sigh. or the shopping center.
Said ground sign may not exceed~undred square feet in
area, nor thirty feet in heigh~'~'must be set back a
minimum of twenty feet from all property lines. Individual
businesses within the shopping center may be allowed tenant
~- tdenti[Lcat~ofl Iff a dLrecto~ con~al~ecl, within the
~" ~-.- identificationr sLgn pu~sua~.t0-the following conditions:
(1) The shopping center n~ ·J~clen~L~£'Cakion must use
HO [5.~ Z (30) percen~ or more o~ ~ squar~o:area of the
ldenti~lcation ground sign.
(2) :The ~enan2-direc~0ry shal[-~ot e~eed ~even~¥-(.~0)..
Pe=cen~ ·o~;the square a~ea ~[athe'~den~lf~c&t~On:,groUn~
_NO 84 ~.:' _ .... . f '2h~:d=i.r;ectory shall ex~eed, twe~'tY-e-igh~.(28) square
N0 "Ace" lOgo sby~e-, le~ter-[~n2, colorand composlb~o~; Bus,ness
0K ~tenan[:d~recCor~ o[ ~he ~dengl[lcakion ground
(~e~7 r~e this' section;)
cc: file
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 parg 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 meets the
code ! There are si~ 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 readerboard. 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 ~tbout 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 20 feet for these large
signs is a valuable standard; all other signage in the city is allowed to be IO 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...
SHOPPING CENTER3.
(More than four businesses)
COMPREHENSIVE SIGN PLAN REQUIRED;
GROUND:
ONE SIGN PER S TREE T FR ONTA GE;
Max. 200 sfx 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
'B C D E F
: MIDLAND POSTHASTE WTKCOMS NJ-I. MAi'.L WTKCTR
Number: 1 1 2 1 .. 1
Sign Size: 64 sf 150 si 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
A~
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 "ID" 30% mi~ or wrong name *
t = More than .5 tenants liate~
oo
[See attached corresponding photos B, C, D, E, F,]
) FLIt FIIIINIli[
PRINTING THE C,
C'
OLE PIPER
~NN
F~m~E~S TAN LINE
iNSuRANCE
5~5-2~33 NAIL CESIGN
SUNBURST
GFr SHOPPE
V~DEO 5gl-1397
POST ~STE KIRBY
;~LO~S VACUUM
RIVING SCHOOL, HE~ SERVICES
BLUE STAR
~,~0 TOYS PROPER~ES
ANYTHING POST HAS~
CATS ~IR
WOME~S ~ U~
t4:-4' , L
Winnetka CO~rnons
Planning Case:
Request:
Location:
PID No:
Zoning:
Petitioner:
Report Date:
Meeting Date:
CITY OF NEW HOPE
PLANNING CASE REPORT
95-07
Consideration of An Ordinance Amending New Hope Zoning Code by
Establishing License Regulations for Tattoo Businesses and Allowing Tattoo
Businesses as Permitted Uses in the Commercial Zoning Districts
B-l, B-2, B-3 and B-4 Zoning Districts
City of New Hope
September 1, 1995
September 5, 1995
BACKGROUND
New Hope City staff and the Codes & Standards Committee are requesting consideration of An
Ordinance Amending the New Hope Zoning Code by Establishing License Regulations for Tattoo
Businesses and Allowing Tattoo Businesses as Permitted Uses in the Commercial Zoning
Districts.
This spring the City received several inquiries about the possible location/establishment of a
tattoo parlor at shopping center sites, although no formal application was received. This use is
not specifically identified as a permitted or conditional use within the Zoning Code and in the
past staff have interpreted that tattoo parlors are not permitted because the Zoning Code prohibits
uses not specifically authorized.
3. Staff requested that the City Attorney research this matter and the Attorney responded that the
State does not regulate this business and leaves all regulation to local authorities. He further
indicated that it would be difficult to exclude tattooing from the City's Zoning Ordinance due to
the fact that it is similar in nature to other personal service type businesses allowed by the City
Code. According to the past court cases, the legitimate objective of an ordinance regulating the
tattoo business is the protection of public health, therefore, any ordinance protecting public health
deemed to be reasonable and impartial would be upheld.
4. The Planning Consultant concurred with the City Attorney. 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.
Planning Case Report 95-07
2
September 1, 1995
o
It is staff's feeling that sooner or later the City is going to have to deal with this issue, so it is
probably better to be pro-active and establish an ordinance regulating this type of business prior
to the receipt of an application.
In an effort to address tattooing and other unlisted personal service businesses that may be
acceptable in New Hope, it was determined by the Codes & Standards Committee that the Zoning
Ordinance should be amended to list personal services as a permitted use in commercial zoning
districts.
o
The title, "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 definition of "personal
services" also includes barber shops, beauty salons, electrolysis, manicurist, tanning parlors,
physical therapy, and therapeutic massage.
The City Attorney, in conjunction with input from City staff, Planning Consultant and the Codes
& Standards Committee, drafted the attached ordinance establishing license regulation for tattoo
businesses and allowing tattoo businesses as a permitted use in commercial zoning districts. The
Planning Consultant has reviewed the draft and found that the ordinance establishing license
regulations is appropriate. The ordinance defines "personal services," and establishes them as
permitted uses within the B-i, B-2, B-3 and B-4 Zoning Districts.
The Codes & Standards Committee has reviewed the ordinance at several meetings and their most
recent recommendations have been incorporated into the attached ordinance. The Planning
Consultant has prepared the attached report on the ordinance and the ordinance has been
reviewed by the Building Official, City Sanitarian and Director of Police.
A public hearing notice was published for this ordinance for the August Planning Commission
meeting and the matter was tabled until this meeting.
ANALYSIS
1. Section 1 of the ordinance adds subsections 8.291 through 8.301 and includes the following:
8.291 is the Purpose section:
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 fmds 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 discusses exception to the licensing requirement:
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.
Planning Case Report 95-07
September 1, 1995
A state-licensed physician who engages in the practice of tattooing shall be exempt from the
license requirements.
8.293 discusses license applications and the information required on the application. It contains
four applicant sub-sections regarding:
1. natural person
2. partnership
3. corporation
4. requirements for all applicants.
8.294 discusses application execution.
8.295 discusses application verification.
8.296 states that there will be an annual fee for a tattooing license.
8.297 outlines persons who are ineligible for a license.
8.298 describes locations that are ineligible for a license, including properties delinquent on
taxes, properties not zoned properly, and establishments that serve alcoholic beverages.
8.299 discusses general license requirements and includes sub-sections on tattoos on minors,
hours of operation (7:00 a.m. to 9:00 p.m.), liability insurance requirements,, etc.
8.300 discusses health and sanitation requirements including:
1. lavatory requirement
2. skin infection
3. sterilization and disposal of bio-hazardous materials
4. skin preparation procedures
5. operating furniture
6. towels
7. garments of operator
8. pigments
9. minimum floor space
10. influence of alcohol and drugs
11. written instructions
12. living quarters
8.301 discusses sanctions for license violations.
Section 2 of the ordinance amends Section 4.102 of the Zoning Code "Permitted Uses, B-1
Zoning District" by repealing (1) "Barber Shops" and (2) "Beauty Salons" as permitted uses and
by adding (22) "Personal Services" (which would include Barber Shops and Beauty Salons.
Planning Case Report 95-07
4
September 1, 1995
3. Section 3 of the ordinance amends Section 14.08 "Business and Amusement License Fee" by
adding sub-section 14.103 "Tattoo Establishment License Fee" to read as follows:
14.104 Tattoo Establishment License Fee.
(1) Non-Refundable Investigation Fee - $200.00
(2) Annual License Fee - $100.00.
(Staff is conducting a survey on fees at the present time to determine if this is a reasonable
amount.)
4. Section 4 of the ordinance amends the "Definition" section of the Zoning Code by adding a
definition for "Tattooing", as follows:
Tattooing. The marking of the skin of a person with insertion of permanent colors by
introducing them through puncture of the skin.
5. Section 5 of the ordinance amends the "Definition" section of the Zoning Code by adding a
def'mition for "Therapeutic Massage", as follows:
Therapeutic Massage. 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_ tissue and muscle spasms, physical fitness, relaxation,
beautification, or improvement of circulation through the body, and for no other purpose.
6. Section 6 of the ordinance amends the "Definition" section of the Zoning Code by adding a
definition for "Personal Services", as follows:
Personal Services. Personal Services shall include the following: barber shops, beauty salon,
electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, and tattooing.
7. Section 7 of the ordinance amends Section 4.122 "Permitted Uses, B-3" of the Zoning Code to
allow "Personal Services" as a permitted use.
8. The Planning Consultant has prepared a report on this ordinance and the City Attorney will be
present at the meeting to review this ordinance in its entirety.
RECOMMENDATION
Staff recommends approval of the ordinance.
Attachments:
Public Heating N~)tice 3/31 Attorney Correspondence
8/11 Attorney Correspondence Miscellaneous Ordinances/Articles
Ordinance Establishing Licensing Regulations for Tattoo Businesses
7/20 Planner'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, Minnesot'a
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 July, 1995.)
STEVEN A. SONDRALL
MICHAEL R. LAFLEUR
MARTIN P. MALECHA
WILLIAM C. STRAIT
CORRICK & SONDRALL, P.A.
ATTORNEYS AT LAW
Edinburgh Executive Office Plaza
8525 Edinbrook Crossing
Suite #203
Brooklyn Park, Minnesota 55443
TELEPHONE (612) 425-5671
FAX (672) 42~S6~
SHARON O. DERBY
August 11, 1995
Kirk McDonald
Management Asst.
City of New Hope
4401Xylon Avenue North
New Hope, MN 55428
RE:
Ordinance Regulating Tattooing Business
Our File No: 99.40066
Dear Kirk:
Please find enclosed a revised Ordinance regulating the tattooing
business for consideration at the next Planning Commission meeting.
The Ordinance was amended in accordance with recommendations made
by the Codes and Standards Committee at its meeting on August 8,
1995,
Basically, very few changes were made to the original draft
reviewed by Codes and Standards. A question was raised regarding
the application requirement about payment of real estate taxes for
the licensed premises. This requirement is found at §8.293(4)(d).
I did check our liquor license application requirements and found
the same requirement for verification of real estate taxes
applicable to liquor license applications (see §10.437(3)).
Therefore, there is precedence for requiring verification of
payment on real estate taxes against the licensed premises and as
a result have left that section as part of the Ordinance. Also,
the reference to health officer in §8.300 is correct. The City's
personnel regulations define the City Sanitarian as the Health
Officer.
I did make the definitional changes recommended by the City
Planner. Specifically, a Personal Services definition has been
added to include barber shops, beauty salons, electrolysis,
manicurist, tanning parlor, physical therapy, therapeutic massage,
and tattooing. Also, definitional sections were added to define
tattooing and therapeutic massage.
Mr. Kirk McDonald
August 11, 1995
Page 2
The Ordinance was changed to establish Personal Services as a
permitted use in all business districts. This is accomplished by
making Personal Services a permitted use in both the B-1 and B-3
Districts. There will be a roll-over effect to the B-2 and B-4
Districts by making Personal Services a permitted use in the B-1
District. However, the roll-over effect does not occur for the B-3
District, therefore it has. to be established separately as a
permitted use in that District as well.
[ have also cleaned up the Code by repealing barber shops and
beauty salons as a specified permitted use now that it is included
under the Personal Services use as recommended by the Codes and
Standards Committee. Finally, [ did not change the investigation
and licensing fee. ~t is my understanding you are going to do a
survey to determine what surrounding municipalities charge for a
fee for this kind of license.
Finally, because Personal Services now makes therapeutic massage a
permitted use in all business districts, we should also consider
looking at licensing regulations for the therapeutic massage
business. If the current Ordinance is adopted, therapeutic massage
will be an unregulated but permitted use in all business districts.
Contact me if you have any questions.
Very truly yours,
Steven A. Sondrall
slf2
Enclosures
CC:
Valerie Leone (w/enc)
Daniel J,'Donahue (w/enc)
Doug Sandstad (w/enc)
A1 Brixius (w/enc)
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 th~
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 we]fare 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 shal'l request the following information:
(1) If the applicant 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.
(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 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 preceding five (5) years,
and the name(s) and address(es) of the
applicant's employer(s) and partner(s), if
any, for the preceding 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.
If the applicant is a partnership:
(a)
The name(s) and address(es) of all general and
limited partners and all information
concerning each general partner required in
subsection (1) of the section.
(b)
(c)
The name(s) of the managing partner(s) and the
interest of each partner in the tattooing
establishment.
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 Minnesota
Statutes, Section 333.01, a certified copy of
such certificate shall be attached to the
application.
(3)
the applicant is a corporation of other
business:
(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 stockholder(s), manager(s),
proprietor(s), or other agent(s) in charge of
the business and all information concerning
each stockholder, manager, proprietor, or
.agent required in subsection (1) 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 common address of the proposed business
premises.
(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 for 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.
3
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 genera]
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 annual fee for a tattooing license
shall be as set forth in Chapter 14 of this Code. The
8.297
investigation fee shall be submitted at the time the
application is filed. The annual fee shall be paid at
the time the license is issued or renewed.
Persons Ineligible for License.
(1)
No 1 icense shal 1 be issued to an applicant who i s 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
4
(d)
Is not of good moral character or repute.
(2)
(3)
No license 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 1 i censed 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, Section
364.03, subd. 3;
(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;
o,r
(d) Who is not of good moral character or repute.
No license 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;
o_Er
(d) Is not of good moral character or repute.
8.298
Locations Ineligible for a License. The following
locations shall be ineligible for a license:
(2)
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 becominR
due.
Improper Zoning. No license shall be granted if
the property is not zoned for tattooin,c!
establishments under Chapter 4 of this Code.
(3) 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 ownership, 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.
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 beinR
operated and shall at all times maintain conditions
of order.
(7)
Employee Lists. The licensee shall prqvide 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 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)
(b)
each claim, at least $200,000;
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:
(1)
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
(2)
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.
(3)
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.
8
(c) The skin area to be tattooed shall b~
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.
(5) 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 tn
moisture and shall be properly sanitized after each
tattoo.
(6)
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 b~
sterile and free from bacteria and noxious agents
and substances including mercury. The pigments
used from stock solutions for each customer shall
be placed in a single-service receptacle, and such
receptacle and remaining solution shall be
discarded after use on each customer in accordance
with procedures approved by the Health Officer.
(9) 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 Building
Official.
(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.
9
(11) Written Instructions. The operator shall provide
the person tattooed with printed instructions on
the approved care of the tattoo during the heal in,q
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 Sections 8.29 through 8.301
of this Code 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 licensee submi.~ted false
information or omitted material.information in the
(3)
license process required by this section.
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
ten (10) 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.s Section 4.102 "Permitted Uses, B-I" of the New
Hope City Code is hereby amended by repealing in their entirety
subsections (1) "Barber Shops" and (2) "Beauty Salons" and adding
subsection (22) "Personal Services" to read as follows:
(22) Personal Services. Subject to any licensing requirements of
Chapter 8 of this Code or County or State licensing
requirements.
10
Section 3. Section 14.08 "Business and Amusement License Fee"
of the New Nope City Code is hereby amended by adding subsection
14.103 "Tattoo Establishment License Fee" to read as fo]lows:
14.103 Tattoo Establishment License Fee,
(1) Non-Refundable Investigation Fee - $200.00
(2) Annual License Fee - $100.00,
Section 4. Section 4.022 "Definiti'ons" of the New Hope City
Code is hereby amended by adding subsection 4.022 (128A)
"Tattooing" to read as
(128A)
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. Section 4.022 "Definitions" of the New Hope City
Code is hereby amended by adding subsection 4.022 (128B)
"Therapeutic Massage" to read as
(128B)
Therapeutic Massage. A scientific health care, health
maintenance and rehabilitation technique, carried out by
a massage therapist, involving the massaging and kneadin~
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.
Section 6. Section 4.022 "Definitions'" of the New Hope City
Code is hereby amended by adding subsection 4.022 (107A)"Persona]
Services" to read as fo]lows:
(107A) Persona] Services. Persona] Services shall include the
fo]lowing: barber shops, beauty sa]on, electrolysis,
manicurist, tanning par]or, physical therapy, therapeutic
massage, and tattooing.
11
Section 7. Section 4.122 "Permitted Uses, B-3" of the New
Hope City Code is hereby amended by adding subsection (7)"Personal
Secvices" to read as follows:
(7)
Personal Services. Subject to any licensin~ requirements
of Chapter 8 of this Code or County or State licensinq
requirements.
Section 8. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Bat ed the day of , 1995,
Attest:
Valerie Leone, City Clerk
Edw. d. Erickson, Mayor
(Published in the New'Hope-Golden Valley Sun-Post the
, 1995.)
day of
12
Northwest. Associated .C nsultants,
COMMUNITY L ANNING · DESIG
Inc.
M A R K E T R E S E A R C H-"~
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
Kirk McDonald
Cary Teague/Dan Licht/Alan Brixius
20 luly 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 def'mifion 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, Canning parlors, physical therapy, and
therapeutic massage.
The City Attorney has drafted an ordinance estabhshing license regulation for tattoo businesses
and allowing tattoo businesses as a permitted use in commercial zoning districts (Exhibit 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 definition of personal service should be
considered for a potential amendment of the City Code.
Per~onal 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."
Tattooing_ 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.
Ma.q.qa~e. 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 art. 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 def'mition of therapeutic massage be included in the
Zoning Ordinance as part of a proposed amendment:
Therapeutic Mas.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
pmlx)se 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 defines an adult use-massage
parlor as follows:
Adult lI~e-Ma.qmge Parlor: glealth 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.
CORRICK & SONDRALL. P.A.
AYTOR.'~'EY5 AY LAW
Edinburgh Executive Office Plaza
8525 Edinbrook Crossing
Suite #203
Brooklyn Park. Minnesota 55443
TELEPHONE (612) 425-5671
FAX (612~ 42~5a~7
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 H6pe's southern border. Grimes tells me they have had
no problems or complaints with this business.
Regarding our legal authority to regulate or prohibit, I can find
no Minnesota court decisions commenting on this issue. However, I
have found Florida and New York state court decisions ruling that
municipal regulation of the tattooing business is legal.
Specifically, in the Florida case of Golden v. McCarty, 337 So.2d
388 (1976), the Court upheld a regulation making it unlawful for
any person except a duly licensed doctor or dentist or a person
Mr. Kirk !JcOona*3
March 31, 1995
=age 2
under the direction and supervision of a doctor or dentist to
tattoo the body o¢ 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. Baum~artner, 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 (18 Am. Jur.2d,
Constitutional Law Section 277). In other words, a City ordinance
will be upheld if it is reasonably necessary and appropriate to
accomplish the legitimate purpose falling within its scope.
The legitigate objective of an ordinance regulating the tattoo
business is the protection of public health. Therefore, any
ordinance protecting public health deemed to be reasonable,
impartial and not against the general policy of the State will be
upheld irrespective of pecuniary loss individuals may suffer by its
enforcement. In this case, the inability of "lay tattoo artists"
to practice their profession in New Hope. Of course, this is
assuming the Minnesota courts adopt the same rationale used by the
Florida and New York courts referenced in the above cases.
Please let me know if you would like us to prepare a proposed
ordinance in connection with this issue, and if so, the extent of
the requested regulation.
Very truly yours,
Steven A. Sondrall
slf2
Enclosures
cc: Daniel J. Donahue, City Manager
BIcity of
bloomington, minnesota
Division ^^. Tattoo Establishments
Added by Ord. No. g4-55, 10-17-94
SEC. 14.295.200.
The purpose of this Division is to requlate the b~l.~iness of taffoolng In order to protect the
health and welfare of the general public. The City Council finds that the experience of other
cities indicates that them Is a connection between tattooing and hepatitis and other health
problems. The City Coundl finds that stringent re~3ulatlons governing taflooing can minimize the
hepatitis and disease risk and therefore protect the general health and welfare of the community.
(Added by Oral. No. 94-55, 10-17-94)
,S~C. 1~2,,~[~0_1 D.~.~_~N I TI O N $_,
The following wools and terms when used in this Article shall have the following meanings
unless the context clearly Indicates otherwise:
~lean - the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or
extraneous matter.
Good Repair - free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear,
leaks, obstructions, and similar defects so as to constitute a good and sound condition.
Health officer. - the Director of the City Environmental Services Division or the Director's
designee or any Inspector of such Division.
lssui_na Authority - the City of Bloomington Licensing Section.
_T_attootn_q - the markinq of the skin of a person by insertion of permanent colors by
introducing them through puncture of the skin.
(Added by Ord. No. 94-55, 10.1%94)
SECt 14.295.202. LICENSE REQUIRED: EXCE~_TION.
No person shall operate any establishment where tattooing is practiced, nor engage in the
practice of tattooing without being licensed pu~--t~ant to this Division. A state.licensed physician
who engages in the practice of tattooing shall be exemt~ from the license requirements.
(Added by Ord. No, 94-55, 10-17-94)
.S__EC. 1.4.295.205. UC_ENSE APPLICATION.
Every application for a license under this Division shall be mede on a form supplied by the
Issuing Authority and shell request the following Information:
(a) If the applicant is a natural person:
(1) The name, place and date of bflth, street residence address, and phone number of
the applicant.
(2) Whether the applicant is a citizen of the United States, a resident allen, or is able
to legally be employed in the United States.
(3) Whether the applicant has ever used or has been knmm by a name other than the
applicant's narae, and if so, the name or names used ami information concerning dates and
places where used.
(4) The name of the business if it is to be conducted under a designation, name, or
style other than the name of the applicant and a cedifled copy of the certificate as required by
Minnesota Statutes, Section 333.01.
(5) The street eddressas at which the applicant has lived during the preceding f'we (5)
years.
(e) The type, name and Ioc~ion of every business or occupatioll tn which the
applicant has been e,gaged durin~ the preceding five (5) yea~s, end the name(e) end
address(es) of the applicant's employer(s) and partner(s), if any, for tile preceding t'we (5) yearn.
(7) Whether lhe applicant h~,~ ever been c. onvl~ed (3f R felony, crlrne, or violation of
any ordinance other th~n ~ petty misdemeanor. If so, the applicant shall furnish information as
to the time, place ~nd offense for which convictions were had.
(b) If the applicant is a partnership:
(1) The name(s) and address(es) of all general and limited partnem and all
information concerning each general paflner required in stJhpart (a) of the Section.
(2) The name(s) of the managing partner(s) and the interest of each partner in the
taffooing establishment,
(3) A true copy of the partnership agreement shall be submitted with the application.
If the partnemhlp is required to file a certificate as to a trade name pursuant to Minnesota
Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application.
(c) If the applicant is a corporation of other business:
(1) The name of the corporation or business formed, and if incorporated, the state of
incorporation.
(2) A tree copy of the certificate of incoq~omtion. If the applicant is a foreign
corporation, a cedlflcate of authority as required by Minnesota Statutes, Section 303.06 shall be
attached to the application.
(3) The name of the manager, s), pmprielor(.~}, or other agent(s) in charge of the
business and all information concerning each manager, proprietor, or agent required in subpart
(a) of this Section.
(d) For all applicants:
(1) Whether the applicant holds a coo'eot taffooing license from any other
governmental unit.
(9 Whether the applicant has previously been denied a tattooing license from any
other govemmental unit.
(3) The location of the bt~siness premises and the legal descrlplion thereof.
(4) 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.
(5) Whenever the applie, ation is for promises either planned or under construction or
unde~oing substantial alterations, 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 of Bloomington Building and Inspection Division, no plans need be submitted to
the Issuing Authority.
(6) Such other information the City Council or the Issuing A[~thority may require.
(Added by Ord. No. 94-55, 10-17-94)
SEC. 14.295~1~, APPLIC^TION.~CUTION,
All applications for a license ~mder this Division shall be signed and sworn to. tf the
application is that of a natt~ral person, it shall be signed and sworn to by such person; if that of a
corporation, by an 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.
(Added by Ord. No. 94-55, 10-17-94)
SEC. 14.295.2~{~, APPLICATION V~_R_ IFICATION.
All applications shall be referred to the Issuing Authority for verification end Investigation of
the facts set forth in tile application, inch~ding any necessary cdminal background checks to
assure oompliance with this Division. The applioation shall be issued or denied by the Issuing
Authority in accordance with Sections 14.295.207 and 14.295.208 of this DMsion.
(Added by Ord. No. 94-55, 10-17-g4)
~z~..C..~1 ~2.9_5.~0.6._LJ _C. E .N S E F_EE_.
The fee for a Ilcen.~e under this Division shall be ss ~ forth in Section 1403 of this Code.
The fee shall be submitted at the lime lhe application is filed and any refund shall be in
accordance with Section 14.11.04 of this Code.
(Added by Ord. No. 94-55, 10-17-g4)
SEC. 14.295.207. PERSONS INELIGIBi F_F__O.~,_L,!~ENSE.
(a) No license under thi.~ Division shall be issued to an applicant who is a natural person if
such applicant:
(1) Is a minor at the time the appllc.~fion is filed;
(2) Has been convicted of any cdme directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subd. 2, and has not shown competent
evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed
occupation as prescribed by Minner~ot~ Stab,les, Section 364.03, subd. 3;
(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
(4) Is not of good moral character or repute.
(b) No license under this Division shall be issued to a partnership if such partnership has
any general partner or managing partner:
(1) Who is a minor at the time the application is filed;
(2) VVho has been convicted of any crime directly related to lhe 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
licensed occupation as prescribed by Minnesota Statutes, Section 364.0'3, sulxI. 3;
(3) Who is not a citizen of the United Stales, a resident alien1, or does not have the
legal authority to be employed in the United St~es; or
(4) Is not of good moral character or repute.
(c) No license under this Division shall be i~ued to a corporation or other organization if
such applicant has any manager, pmpfletor, or agent In charge of the business to be licensed:
(1) Who L~ a minor at the time the application is filed;
(2) Who has been convicted of any crime directly related to the ogcupatlon licensed
as prescribed by Minnesota Statutes, See. tion 364.03, subd. 2, and who has not shown
competent evidence of suffident rehabilitation and present fitness to perform the duties of the
licensed occupation as prescribed by Minnesota Statutes, Section 364.03, subd, 3;
(3) Who is not a citizen of the United States, a resident alien, or does not have the
legal authorfty to be employed in the United States; or
(4) IS not of good moral character or repute.
(Added by Ord. No. 94-55, 10-17-94)
SECL14.295.208. LOCATIONS INELIGIBLE FOR A UCEN$~_:
The following locations shall be ineligible for a license under this Division.
(a) Taxes Due on Property. No licen.~ 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 duet, delinquent, or unpaid. In the event a suit has been commenced under
Minnesota Statutes. Section 278.01 - 278.03, questioning the amount of validity of taxes, the
City Council may on application waive sl~ct compliance with thi.~ provi.e, ion; no waiver may be
granted, however, for taxes or *~ny portion thereof which remain unpaid for a period exceeding
one (1) year after becoming due.
('o) Improper Z_onin~l. No licen,~e shall be granted or renewed if the property is not properly
zoned for tattooing e~abtishments under Chapter lg of this Code.
(c) .Pj'.e~.m.j.ses I.iCel3Sed for Alcoholic Beverages. No license shall be granted or renewed if
the premises is licensed for the furnishing of alcoholic beverages ImlmtJant to Chapter 13 of this
Code or is licensed as a sexually-oriented business pursuant to Chapter 14, Article IV, Division
V.
(Added by Ord. No. 94-55, 10-17-g4)
{~EC. 14.295.209. GENERAL
(a) Tattoos., o.n._M.[Lng~.. No person shall tattoo any person tinder the age of eighteen (18)
except in the presence of, and with the written permission of, the parent or legal guardian of such
minor.
(b) Prohibition on Li~_e_n_s.e__Tr_.~.$.fer. The license granted ,nder this Division is for the
person and the premises named on the approved license application. No transfer of a license
shall be permitted from place-to-place of from person-to-person without flint complying with the
requirements of an odginal application, except in the case in which an existing noncorporate
licensee is incorporated and incorporation does not affect the ownership, control, and interest of
the existing licensed establishment.
(c) Hours of O_p~r~l, ioj~. A licensee under this Division shall not be open for business for
taffoolng before 7:00 a.m. nor after 11:IX) p.m.
(d) ~icensed Premises. The tattoo establishment license i~ 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 Ibc Issuing Authority.
(e) Effect of License SUs__p.e_q._sip_g. gr Revocation. No pemen .-,hall solicit business or offer to
perform tattooing services while under license suspension or revocation by the City.
(f) ~.a_i..ntenance of Order. The licensee shall be ~pensible for the conduct of the
business being operated and shall at all times maintain conditions of order.
(g) Em;31o_y.~.e___l.~t_~i. The licensee shall provide to the Issuing. A~dhorffy a list of employees
Who perform tattooing al the licensed establishment and shall verify that each employee has
received a copy of Sections 14.295.209 and 14.295.210.
(h) _Liability Insurance. All licensees shall have at all times · valid certificate of ins, rance
issued by an insurance company licensed to do business in the State of Minnesota indicating that
the licensee is c[,rrently covered in the tattoo business by a liability insurance policy. The
minimum limits of coverage for such in.~urance shall be: (1) each ~laim, at least $200,000:
(2) e;lch group of claims, et least $500,000.
Such insurance shatl be kepi in force during the term of the license and shall provide
for notification to the City prior to termination or cancellation, A certificate of Insurance shall be
filed with the City.
(Added by Ord. No. 94-S5, 10-17-94)
;SEC. 14.295.210. HE,~I.~TH AND SANITATi_O_.N~.~E..QUIREMENTS.
No person shall engage in the practice of tattooing st any place in the City without complying
with the following regulations:
(a) I..a.y~tory Req~! .mr,.eat, Every place where t~ttooing is practiced shall be equipped with
an adequate and conveniently located toilet mom and hand lavatory for the ~ccommodation of
employees and patrons. The hand lavato[y shall be supplied with hat and cold running water
under pressure; shall be maintained in good repair at all times; and shall be kept in a clean and
sanitary condition. Toilel fixtures end seats shall be of a sanitary open front design and readily
cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every
lavatory facility shall be provided with an adequate suPPly of hand cleansing compound and
single-service sanitary towels or hand-drying devices.
(b) Skin Infectjg~. No person having any skin infection or other diseases of the skin shall
be tattooed.
(c) .Sterilization and Di_sJ3_0$al of Bio-PLazardous Matej~% All needles and razor blades
shall be individually pre-packaqed, 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 ~ppmved by the Health Officer. Sterilizing solutions
and methods may be used for the purpose of sterilizing instmmerrts other than needles and razor
blades when such sterilizing solutions and methods are aPProved by the Health Officer.
(d) .Skin Prel~aL"ation Pmcedu_w_~. The following procedures shall be used for skin
preparation:
(1) Each operator shall wash his or her hands thoroughly with soap and water and
then dry them with a clean towel be. fora and after each tattooing. Operators with skin infections
of the hand shall not perform any tattooing services.
(2) Whenever it is necessary to shave the skin, pre-packaged, pre-sterilized,
disposable, razor blades shall be used.
(3) The skin area to be tattooed shall be thoroughly denned with germicidal soap,
rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the Health
Officer. Only single-service towels and wipes shall be used in the skin cleaning process.
(e) O_Q_p~.ratina Fumit_u_re. All lables, chairs, flJmiture, or area on which a p~tron receives a
tattoo shall be covered by single-service di.~poseble paper or clean linens, or in Ihs alternative,
the table, chair, or fumihlm on which the patron receives a tattoo shall be impervious to moisture
and shall be propedy sanitized after each tattoo.
(f) .T_o~we_~L~. Every operator shall I~ovide single-service towels or wipes for each customer
or person and such towels or wipes shall be stored and disposed of in a manner aoceptable to
the Health Ofr~.er.
(g) Garments of ODer~_9_r. 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.
(h) ~ments. 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 be placed in a single-service receptacle, and such receptacle and remaining
solution shall be discarded after use on each customer in accordance with procedures approved
by the Health Officer.
(i) Minimum Fl~or Snack.. There shall not be lea than 150 square feet of floor space at
the place where the practice of t~ttooing is conducted, and said place ~hail be so lighted and
ventilated as to comply with the standards approved by the Health Officer.
(i) Infl_u.e_QCe of Alcohol _arid Dru. t~. No person shall practice taffooing while tinder the
influence of alcoholic beverages or illicit drugs. No customer shall be tattooed while under Ihe
influence of alcoholic beverages or illicit drugs.
(k) Wdtten Instructi.0Jls.. The operator shall provide the person tattooed with pdnted
instructions on the approved care of the tattoo during the healing process.
(I) Living Q__u..a..G.e.[A. No place licensed as a taffoo establishment shall be used or occupied
as living or sleeping q~Jarters.
(Added by Ord. No. 94-55, 10-17-~4)
SECJ 14.295.21!, SANCTIONS_F(~R LlCENS_.E VIOLATIONS.
(a) The City Council may revoke the license or .~,spend the license for e violation of:
(1) Any provision of this Division or any other local law governing the same activity
during the license period,
(2) Any criminal law during the license period which adversely affects on the ability to
honestly, safety, or lawfully conduct a tattooing business.
(b) The City Council may revoke the licen.,~e or suspend the license if the licensee
submitted false information or omitted material Information in the license process required by
this Division.
(c) A revocation or s,spension shell be preceded by wrtflen notice to the licensee and a
hearing before the City CotJt~oil. 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 licen.~ee. The
notice shall be mailed te the licensee at the most recent address listed on the application.
(Added by Ord. No. 94-55, 10-17-94)
.SEC. 14.29.5.212. ISSUANCE OF_TE.__~!.PQRARY TA_T_.T. OOING EV~.
.,
(a) The Issuing Authority may issue a temporary tattooing event license, provided that Ihe
following license requirements are met:
(1) Duration_of Event. The event i~ no longer than four (4) continuous days.
(2) Nqm__l~t' of Events_. The same peach or organization has had rio more than four
(4) tattooing events in the same calendar year.
(3) _S_ecqdtv Measures. The Chief of Police ttas approved the security measures for
the event.
(4) He. alth Insp,~--qti.o.l~. The Health Officer has reviewed the health end sanitation
measures for the event and has inspected each vendor space for the event.
(5) Liabj.'.l.'_d~J. nsuranc~._. Liability insurance has been obtained to cover the event or in
the alternative each vendor has procured insurance to cover the vencicCs operations at the
event. The minimum limffs of coverage for such insurance shall be: (A) each claim, et least S200,000;
(B) each grotlp of claims, et least $500,000.
A:, e~ediflcate of In.~irance shall be filed with the City.
(6) H0u.m of Ooeratiort. No taffooing can take place before 7:00 a.m. nor after 11:00
p.m.
(7) Mai~.f O~ler. The licensee shall be responsible for the conduot of
persons d,dng the event and shell st all times maintain conditions of order.
(8) Toile~t Rooms_. The event shall take place et e location equipped with adequate
and conveniently located toilet moms and hand lavatories for the accommodation of emptoyea.q
and patrons. The hand lavatory .~hall be supplied with hot and cold running water under
pressure; shall be maintained in good repair at all times; and shall be kept in e clean and sanitary
condition. Toilet fi~tures and seats shall be of a sanitary open front design and readily cleanable.
Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory
facility shall be provided with an adequate supply of hand cleansing compound and single-
service sanitary t(3wel.~ or hand-drying devices.
-(g) Skin Infections. No person having any skin infection or other disease of the skin
shall be tattooed dunng the event.
(10) Sterilization and Di,So.~aLo. f...Bio-Ha_zardous Materials. All needles and razor
blades shall be Individually pm-packaCled, pre-sterilized and disposable. No such equipment
shall be used on more than one cu.~omer. All bio-hazardous waste shall be disposed of in
accordance with law, and disposal procedures shall be approved by the Health Officer.
Sterill;~lng solutions may be u.~ed for the purpose of sterilizing instruments other than needles
and razor blades when .~uch sterili;,ing solutions are approved by the Health Officer.
(11) Skin Preparation Procedures. The fnllowing procedures shall be used for skin
preparation:
(A) Each operator ~all wash his or her hands thoroughly with soap and water
and then dry them with a clean towel before, and after each taffooing. Operators with skin
infections of the hand shall not perform any tsttoning 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, dnsed thoroughly wflh water, and ~erilized with an antiseptic solution approved by the
Health Officer. Only single-service towels and wipes shall be used in the skin cleaning process.
(12) ~ents of OD~r_at, g_[. Each operator at the event shall wear clean, washable
garments when engaged in the practice of tattooing. If garments are contaminated with blood or
body fluids, such garment shall be removed and changed.
(13) P__ig.~_e. pt_S.. Pigments used In tattooing during the event shall be sterile and free
from bacteda and noxious agents and substances including memury. The pigments used from
stock solutions for each customer shall be placed in a single-service receptacle, and such
receptacle and remaining solution shall be discarded after use on each customer in accordance
with procedures approved by the Health Officer.
(14) Influence of Alcohol an~_. Dru~i.s_. No person shall practice tattooing while under the
Influence of alcoholic beverages or illicit drags. No customer shall be tattooed during the event
while under the influence of alcoholic beverages or illicit dna. ..
(15) Written Instructions. Each operator at the event shall provide the person tattooed
with printed instructions on the approved cam of the tattoo during the healing process.
(16) Ta..tt...(~o_s_gyJL.[~99.r~. No person shall tattoo any person under the age of eighteen
(18) except in the presence of, and with the written permission of, the parent, or legal guardian of
such minor.
(b) ApoliqaJj.0.[t. The temporary license application shall requesl the following information:
(1) The applicant's name and current address.
(2) The applicant's currant employer.
(3) The applicant's addresses for the previous t'we (5) years.
(4) The applicant's social security number, date of birth, home telephone number,
weight, height, color of eyes, and color of hair.
(5) Whether the applicant has ever been convicted of any felony, crime, or violation
of any ordinance other than a petty misdemeanor, and, if ~0, the time, place, and offense for
which convictior~ were had.
(6) Whether the applicant has ever used or been known by a name other than the
applicant's name, and if so, the name or names and information concerning dates and places
where used.
(7) The location where the event will be conducted.
(8) The number of tattoo booths that will be operational at the event.
(9) The names and addresses of persons in chan~e of the event,
(c) _L.Jce__.r~._e__~_e.d.fj.cation and Issuar~ce. The Issuing Authority shell vedfy the information
supplied on the temrmmry license application and shall investigate the bee, kground, including the
current background of the applicant. Within seven (7) days of receipl of a complete appli~3ation,
~_'- 'J 15; ~5 ~:I: ~ UF BLUUHI~GIOI~ ADMI~ DEP: -~ 9<1~55867 ~0. ??9 P~D~_9 ~
the Issuing Authority shall grant or deny the application. An applicant who Is denied a license by
the Issuing Authority shall be granted a dght to appeal to the City Council.
(Added by Ord. No. 94-55, t0-17-94)
SEC, 14.295,213. PENALTY.
A violation of thl.~ Division shall be a misdemeanor under Minnesota law.
(Added by Ord. No. 94-55, 10-17-94)
SEC. 14,295.214. SEVERABILITy.
If any section, subseclion, sentence, clause, or phrase of this Division is for any mason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Oivision.
The City Council hereby declares that it would have adopted the Division in each section,
subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clau.e, es, o~' phrases be declared invalid.
(Added by Ord. No. 94-55, 10-17-g4)
%NFORI~LAT[ON SERVICE
League of Minnesota Ctties
183 Untver$tty Ave E.
St. Paul. MN 55101
Classification #__ ~"~,
Municipality _y~ q.~
mira m
Subject
City
set rules~tbr
tatto9 §hops
By JOYCE JOHNSTON
~ Cb~ ~ sma,), l~ve --
rind au,din nndd lu, ajmlt id,~d di.-
n~., ri,dj u lin, pc. w .dd~], k.
nun's
t},
INFORMATION SERVICE
League of Minnesota Cit(es
183 University Ave E.
St. Paul, MN 55101
the streets of the city, which bond shall cover one
or more photo~aphur-cmpluyee~ of the Rcenaee
and sh~l be ~itten ~ t~vur of the ~ty ~d
per~ who ~ht a~r or aus~ ~y d~a~a
~ out of the o~on of ~e b~n~ of
photo~aphy, ~ that t~ s~me ~1 rem~
full fur~ ~d ,~ d~{g ~, ~nt~
ll~n~. (Co~ 1960, ~ ~., I 845.0~0; Pat.
No. 251179, [ 229, 1~2949)
885.60. I~oe of Uce~; badge. ~
~t~fled that the app~t ~ of ~ mor~ ~-
~r ~d ~ met ~e r~m~ o~ ~ ~p~r,
~ue a ~e ~ the eppU~t ~ en~ m
bu~ of e~t pho~phy, ~d ~ ~h
the apph~t ~ ~ ~ ~Se ~i l~e t~
two (il in~ in ~r whi~ eh~ ~n~
words "8craet Photographer, License
"T~ ~ ~ ~1 ~plo~, w~
enga~d ~ ~ s~t ~on pi~, ~
P~t. Ha. 251179, t 280, 12-29-~)
(~ The ~ ~ not obs~t or ~
tur~. :
(a) The B~ a~ ~ ~t ~ ~ wMch
~ ~ whom ~ey have ~n ~
p~c~d up &om ~e ~d~ or e~t.
or ~y of ~e ~'s pho~aph~ or
employee to p~ ~mg for
without [~st ha~n~ ~e' op~rtu~ty
~inE, ~eut ch~e, a proof of the pic-
ture
(fl
The licensee shall at ~11 times k~p the de-
partmer~L Of licen~
adv~ o~ the ~ u[ ~ently employ~
pho~phe~, ~d ~d dep~men~
be notified withm fo~-~&h: (48) hou~
when ~y o[ the ~aa
played by the ~ee.
~end., ~ 34~.070; 9~Or-0al, t I, 1.26.90)
CHAPTER
ass. TAITOOING
339.10. I~finad. The word "tattaoing" aa used
in tide chapter mea~ the meriting of the ~
~odu~s them ~ou~ pun~e o~ the
(~e 1960, ~ ~end., { 3~3.010}
aaa.lo. Li¢e~e ~q~. No person
~d, nor engage ~ ~o pr~i~ of ~t~g
1960, ~ ~end., t 862.020) "
389.80. Application for ii ,oenee. Any person
4~i_dag a licen~ trader t. hi,, chapter gaall me with
t/~ de~t of lic~ea and mnaumer
am application i~ writing, ~ by ~ld appli-
c~nt, coat. sluing the ~ or th~ appli~nt, ff an
individual, f~ names of oopartners, ff a
&kip, amd ff a corporation, the mm~ of the prin-
cipal oflice~ of ~ aorpamli~n, t~ether with
brief d~.ri~on or the ~ or lo~tioa ~t whie. h
such b~-i~a~ i~ to be ~omtuct~ (Code 19a0, As
.Am_aud., § 852.01t0}
339.40. Looation res~tcte~L No ~n ahMl
engage in the practica ef ~at~x~oing at any place
other than ~he place or l~_cation named or de-
scribed in the application and license. (Code 1960,
Aa Amend., §
a39.50. Licmn~ f~. The annual f~ for a li-
cerme to engage in ~e prac~ of ~t~g.~
1977, re~ f~m~ Ch. 3~T, JJ aaT.lO--~T.~, r~ ~
surveyors 4nd ~rivcd f~m C~e 1960, ~ men~, I~
~.010-~8.1~, ~ ~ ~ ~ ~ 11, 1974, J 1.
Supp. NQ. I
14t6
LICENSES A_ND BUSINE~ REGULATIONS
be one hundred twenty-fl~ doilar~ ($126.00). (Cod~
1960, A~ Amend,, § 353.040; Ord. o£ 10-11-74, § 1;
??-Or-147, § 1, 7-15o77; 7~-Or-Z~a, § 1, 12-8.78;
83.Or-080, § 1, 4-8-83; 86-0r-041, § 1, 8-14.86; 90-
0r-014, § 1, 1-2~-90; 91-Or-049, § 1, S-29-91)
SSIL~O. Wh=u lleen~s ~xph-e. All lic~na~ i~-
eu~! ~nder tats chapter shal~ ~-pffe on th= th-~
Monday in May of ~ach y~r. (Code 1960, Aa
Amend., § 86'A050)
8S8.80. Tattooing of minors. No per,on ,hall
tatt~o a~y ps, am under the ~ of e/ghte~a (18)
except tn the pt~en~ of, and with the written
permbeion or, the parent or 1~ 8ua~ihn of such
per,on. (Code 1960, A~ An~nd., § 352.070; 7&Or-
16/), § 1, 8.24-78)
No per,on ah&Il ar~e in the pr~ct/~ of tat-
.tooin~ at any place in the dt~ without complying
with the foflowing re&~lattona:
(et) Ever~ ptnce where *,,tt~ing bs p.r~
shall be equip?~__ with et sewer and
~nnect~cl wa~r closet and n lured
tor~. The hand IAvettory ohall be supplied
w~h bet and cold runnin~ wetter under pr~r~
sure, and ahtl~ be m&intttned in ~ood
workin~ ~rd~ at ~I LimBs, and sheJ~ be
kep~- in et clean and eanita;y condition.
(b) No person havin~ ~n¥ skin infec~on or
o~her d~e&s6 of the akin or any
(c) All equipment, includin~ needles, needls
b~rs, ~i~s. pi&qnent recept&cles,
ra~ors and r~or bi&des sh-ll be kep~ tn
dust-proof glads c~e when not in u~e.
{d) Ail ne~lles &nd tl~ mbea shttl be st~rilJ~
t~n (ltl) m/nutes at a mirdm~m of two
han~cd ~y (250) de~u~ F~enhei~ (one
hunted twenty-one (121) deneba ~nti.
~r~de) ~d at a minJm~ of
thi~ (S0) ~u~ at & ~ini~m Of ~0
bu~ fo~ (240) ~ F~e~t (o~
h~ed ~n (115) de~
~ber p~ ~fore ~ on ~y cu~
fl~:~ ~lutlo~ my be
pu~ of s~g {ns~umin~ other
~ n~ w~n suih ~terflh~g solu-
fio~ ~e app~v~ by ~e mm~8~on~
fl~n predawn, ~c ~h~que.
(1) E~ ~ra~r ~
of ~ ~ ~ not ~t~o.
new b~e m~ ~
approved by the commissioner of
~t ~ ~n.
h~pati~is in ~ha pr=c~ding ,ix (6)
S-pp. No. I
1447
! 33g.~0
MINNF. AFOLI$ COD~
en~ly having viral hepatitis, or having
had viral h~patit~ within the prec~th,g
six (6) months, shall be tattooed unless
he or she ha~ the writ;ten c~naent of a
licensed phy~iciaa.
(g) All table~, chairs and operatmg furniture
shall be construc~ced of metal with whi~e
em~mel or por~i-i~ finch or s~ stm~,
tnd shall he kept in a clean aJ~d mnit~'~
(h} Every operator shall l~ovtde ti~gl~-a~rvic~
towtlp, or wipu f~ ~ customer ami such
towel~ or wipes shall be stored and dis-
posed of in a man.ir nccepttbl~ to the com-
mlaaionar of h,~lth.
(i) Evta'y operator ~h~l! wear clash white wash[
mblm ~srr~nts when ~ in tha pr~-
tt~ of t~ttooin~
09 Pigments used in tmttooing ~ be st~rtla
and frea from I~mti~t ~ud noxio,,~ a~s~t~
and subatan~a, and th~ pl&,menta um,d ~rom
sto~k soluCion~ for '~-~ customer shall bm
placed in a mh~la-~rvi~ r~ptaa~ ~nd
such re~ptacl~ and remaining solution
shall be ~ed altar u~e on each cu~
tomer.
(kJ All bim~s~s and surgical dre~ing~ ~
· i~ conn~tion with the tattooing of any
. perso~ stutil b~ st~ile.
(11 Thar~ shell be not Isms ~1~,.- 0n~ hundred
fifty (150} equmre feet of floor space a~ the
place where the practice ~ tattooini ia con-
ducted, and ~i~ place shall be ~ lt~tod
~ ventilated ~ to comply with the stan-
dards approved by,. the Com~iss_i~ner of
health.
(mi No place used for th~ pr~ttc~ o~ tattooin~
shell be usad or occuptad for living or
steeping cttmrter~ or for any purpo~ other
than tattooin~.
(n~ No per,on shall Be 5~anted a lic~ns~ under
this chapter who is not of &q~od mgral char-
(o) No person shall prmcticm tattooing while
under the influence o[ alcohol or drut~.
(p) The operator shall provide the person tat.
tcoed with printed ixmta'uc~iord on the a~
proved ~ of ~ ~t~o during the h~n$
pr~.
(q) No ~m~ ~1 ~ ~t~ w~e ~
the i~fluen~ of ~hol or ~. (Cod~
1960, ~ ~nd., ~ 852.080; 78-0r-169, It
2-7, ~Z4-TS; Pet. Ho. 2511~9, } i~l, 15
29-89)
C~ 341.
AETIOLE I. GB~Y~'
341.10. Deflnltion~. Whenever used in this
chapters the followh~g word~ shall m~ma:
CommiStdt' The mmmltt~ of the cit~ coun~,il to
which re~pm,~'bility for Lken~ing and comumer
Bupp. N~. t
1448
844,00
Smction 844 - Tattooin~
844.00. Definitions.
1, The term "Health Authority" am used in this Section
shall mean the City Health O~f~ce~ or the Environmental
Health Specialist of ~he City of Minnetonka, or ~heir
authorized representative
2. The word "Tattooing" as used in this Section shall
mean the marking o~ the skin o~ a person by insertion
of permanent colors by introducing them through punc-
ture of ~he skin.
844.05. License Kequired. No person shall conduct any
or operate any establishment where tattooing is practiced,
nor engage in the practice of tattooing without being licensed
under this Section.
844.10. Licensing Procedure.
1. Ail applications for tattooing license shall be filed
with the Department of Inspections and Licenses.
'2. applications shall be signe~by the applicant and con-
tain the names of the applicant, if an individual, ~he
names o~ co-partners, if a partnership, and if a corpor-
ation, the names of the principal officers of such corpor-
ation, together with a brief deicription of'the place or
location at which such business is to be conducted.
3. All applicants shall submit with their application a
certificate of insoran~e issued by an i~s~rance company
licensed to do business in the State of Minnesota show-
ing the applicant to be currently covered in his or her
business by a liability insurance policy. The minimum
limits of coverage for such insurance shall be:
a.: each claim, at least $100,000.00;
b. each group of claims, at least $300,000.00.
Such insurance shall be kept in force during the term of '
the license and shall provide for notification to the
C~ty prior to termination or cancellation. Any license
issued hereunder shall automatically be revokes upon
notice o£ termination or cancellation of such insurance
an~ shall remain revoked until or unless other insurance
- 269 -
844.15
4. Upon payment of the license fee, the application
shall be submitted to the City Council for ccnm~der-
ation.
5. I~ the license is granted by the City Council~ the
Director of Inspections and Licen,HS shall issue a
844.15. License Fee. The annual fee for a license to
engage in the practice of tattooing shall be $100.00. Said
fee shall be pro-rated for licenses issued during the license
year~ but ~n no case shall the fee for such license be less
than $25.00.
844.20. Expiration of Licenses. Ail licenses issued
~nder thim Section shall expire on July 1. ..
844.25. Conditions of License.
1. No person shall be granted a license under this Section
who is not of good moral character and free from commun-
icable disease.
2. No person shall engage in the practice of tattooing
at any place other than the place or location named or
described in ~he application and license.
3. No person having any skin infection or other disease
of the skin or any communicable disease shall be tattooe~.
4. No person shall tattoo any person under the age of
eighteen (18) except in the presence add with the written
consent of the parent or legal guardian of such person.
5. No place used for the practice of tattooing shall be
used or occupied for living or sleeping quarters, or for
any purpose o~her than tattooing.
6. There shall be not 'less than one hundred fifty
~quare ~eeU of floor space at the place where the practice.
o~ tattooing ~s conducted, and sai~ place shall be
lighted and ventilate~ as to comply with standards
~y =he Hea~thAuthor~ty.
7. Every place where tattooing is practiced shall be
equipped with conveniently located and approve~ sewer and
w~ter-¢onne¢~ed toilet an~ lavatory facilities. Said
toilet and lavatory facilities shall be maintained in good
working order at all times, shall be kept free from flies,
insects and offensive odors, and shall be kept in a clean
and sanitary condition.
844,25(8)
a. Toilet fixtures and seats shall be of a sanitary
open front design and readily cleanable, All toilet
rooms shall have self-closing doors. Easily cleanable,
covered receptacles shall be provided ~or waste
m~te~ials
b. The lavatory shall be supplied with hot and cold
running water under pressure tempered by means of
a mixing valve or combination ~aucet. Ail self-
closing, slow-closing or metered fixtures shall be
designed to provide a flow of water for at least 15
seconds. Every lavatory facility shall be provided
wi~h an adequate supply of hand cleansing compound
and single service sanitary towels or han4-drying
devices.
8. Every person who practices tattooing shall provide
for use on hi~ or her customers individually pre-packaged,.
pre-sterilized and disposable towels in sufficient
quantities. Said towels shall be kept in a closed
dustproof container. No towel shall be used on more than
one customer, bu~ shall be discarded in a safe and sani-
tary manner after its first u~e.
9. Ail tables, chairs and operating furniture, shall be
constructed of stainless steel and shall be kept An a
clean and sanitary condition.
lQ. Ail equipment, including needles, stencils, razors.
and razor blades, shall be kept in a dustproof glass
case when not in use.
11. All needles and operating instruments shall be in-
dividually pre-packaged, pre-sterilized and disposable.
No such equipment shall be used on more than one cus-
tomer, but shall be discarded in a safe and sanitary
manner after its first use.
12. Sterilizing solutions may be used for the purpose
of steNilizing instruments othsr than needles when such
sterilizing solutions are approved by the Health Author-
ity.
15. All bandages and surgical dressings used in connec-
tion with the tattooing of any person shall be individu-
ally pre-packaged, pre-sterilized and disposable.
14. Every person who practices tattooing shall wear clean,
light-colored washable outer garments when engaged in the
practice of tattooing.
- 271 -
15, Every person who practices tattooing shall wash
his or her hands, thoroughly with soap and water and then
dry them with a clean towel before and after each tattoo-
ing. The customer's skin shall also be thoroughly cleansed
with soap and water and disinfected by an ant~septic
solution approved by the Health Authority ~efore the use
or application of' any tatuooing instrument or equipment.
16. Pigments used in tattooing 'shall be sterile and
free from bacterial and noxious agents and substances.
The pigments used fram stock soluh~uns .for each customer
sh&ll be placed:-in a single-service receptacle and such
reoept&clm and remaining solution shall bm discarded in
a safe an~ sanitary manner after use on each customer.
272 -
~OV~I ~ ~ O : ~ O ~ ~ '~ ~ '~ 0
Planning Case:
Request:
Location:
PID No:
Zoning:
Petitioner:
Report Date:
Meeting Date:
CITY OF NEW HOPE
PLANNING CASE REPORT
95-15
Request for Concept Stage Planned Unit Development Approval to Allow
Construction of a Car-X Muffler, Brake and Alignment Facility
7180 42nd Avenue North
17-118-21-21-0031
B-4, Community Business District
David Laslcy
September 1, 1995
September 5, 1995
BACKGROUND
The petitioner is requesting Concept State Planned Unit Development approval to allow
construction of a Car-X Muffler, Brake and Alignment facility, pursuant to Sections 4.19, 4.194
and 4.196(e) of the New Hope Code of Ordinances.
The petitioner is proposing to construct a 4,235 square foot Car X Muffler Shop on property at
the northeast intersection of 42nd and Nevada Avenues. There is currently a 4,400 square foot
building containing "G.I. Joe Surplus" and "Down Under 42nd Consignment" stores on the
property, thus this PUD application to allow two buildings on one parcel of land.
3. The total area of the concept PUD site contains 63,953 square feet and is distributed as follows:
Area of Buildings
Area of Green Space
Area of Bituminous
7,155 square feet
14,443 square feet
42,355 square feet
11 percent
23 percent
66 percent
Per the enclosed information, the existing building now occupying the comer of the site was the
City Hall in 1958. When the City Hall location changed, the building became the municipal
liquor store. The present owner purchased the property in 1978 and subleased the building for
10 years. In 1990 the building was remodeled to accommodate the current tenants. The
petitioner states on the application that the large unused area of the property to the east calls for
further business develgpment and use.
The property is presently zoned B-4, Community Business District. The property was zoned
industrial in 1956, General Business in 1961, and B-3 Auto-Oriented in 1979. After a zoning
study of 42nd Avenue was completed in 1991, the property was rezoned to B-4, as were a
number of other properties on 42nd Avenue.
Surrounding land uses include Crown Auto to the east (B-4), vacant B-4 City-owned property to
the west across Nevada Avenue, B4 retail to the south across 42nd Avenue, and R-1 (Single
Family Residential) and R-4 (Multi-Family Residential) to the north.
Planning Case Report 95-15
2
September 1, 1995
The property is located in Planning District #16 of the Comprehensive Plan, which focused
recommendations on traffic safety issues and effective transitions or screening of higher intensity
uses.
o
10.
The topography of the property slopes downward 12 feet from 42nd Avenue to the northeast
comer (rear) of the property.
The petitioner states in the application that the proposed building would be similar to other
buildings of the chain, but would be designed and treated in a more sophisticated manner. The
petitioner further states that it is their intention to make the building and surrounding land
attractive and functional. The petitioner states that the new business will provide employment
for the people in the area as well as needed service to the community.
Property owners within 350' of the request have been notified and staff have received several
inquiries about the request.
ANALYSIS
The purpose of the Planned Unit Development is to provide for the grouping of land parcels
for development as an integrated, coordinated unit as opposed to traditional parcel by
parcel, piecemeal, sporadic and unplanned approach to development. The PUD is intended
to introduce flexibility of site design and architecture for the conservation of land and open
space through clustering of buildings and activities. It is further intended that PUDs are
to be characterized by central management, integrated planning and architecture, joint or
common use of parking, maintenance of open space and other similar facilities, and
harmonious selection and efficient distribution of uses.
2. The General Requirements and Standards for a PUD include the following:
(1)
OWnership. An application for PUD approval must be filed by the landowner or jointly by
all landowners of the property included in a project. The application and all submissions
must be directed to the development of the property as a unified whole. In the case of
multiple ownership, the approved PUD shall be binding on all owners.
(2) Comprehensive Plan Consistency.
Comprehensive Plan.
The proposed PUD shall be consistent with the City
(3)
Common Open Space. Common open space at least sufficient to meet the minimum
requirements established in this Code and such complementary structures and improvements
as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD
shall be provided within the area of the PUD.
(4)
Operating and Maintenance Requirements for PUD Common Open Space/Facilities.
Whenever common open space or service facilities are provided within the PUD, the PUD
plan shall contain provisions to assure the continued operation and a maintenance of such
open space and service facilities to a predetermined reasonable standard. Common open
space and service facilities within a PUD may be placed under the ownership of one or more
Planning Case Report 95-15 3 September 1, 1995
of the following:
(a) Landlord-Tenant. Landlord control, where only use by tenants is anticipated.
(b) Owners. Property Owners Association, provided that certain conditions are met.
(5)
Sta~ng of Public and Common Open Space Dedication. When a PUD provides for
common or public open space, the total area of common or public open space or land escrow
security in any stage of development, shall, at a minimum, bear the same relationship to the
total open space to be provided in the entire PUD as the stages or units completed or under
development bear to the entire PUD.
(6)
Density. The exact density allowable shall be determined by standards agreed upon between
the applicant and the City. Whenever any PUD is to be developed in stages, no such stage
shall, when averaged with all previously completed stages, have a residential density that
exceeds 25 percent of the proposed residential density of the entire PUD.
(7) Underground Utilities. In any PUD, all utilities, including, but not limited to telephone,
electricity, gas and Cable television shall be installed underground.
(8) Utility Connections.
(a)
Water Connections. Where more than one property is served from the same service
line, a shut off valve must be located in such a way that each unit's service may be shut
off and secured by the City, in addition to the normally supplied shut off at the street.
Co)
Sewer Connections. Where more than one unit is served by a sanitary sewer lateral
which exceeds three hundred feet in length, provision must be made for a manhole to
allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning
shall be the responsibility of the property owners association or owner.
(9) Roadways. Private.
(a)
Design. Private roadways within the project shall have an improved surface to twenty-
five feet or more in width and shall be so designed as to permit the City fire trucks to
provide protection to each building.
(b) Parking. Nd portion of the required private road system may be used in calculating
required off-street parking space or be used for parking.
(10) Landscaping. In any PUD, landscaping shall be provided according to a plan approved by
the City Council, which shall include a detailed planting list with sizes and species indicated
as part of the Final Plan. In assessing the landscaping plan, the City Council shall consider
the natural features of the particular site, the architectural characteristics of the proposed
structures and the overall scheme of the PUD plan.
(11) Public Services. The proposed project shall be served by the City water and sewer system
Planning Case Report 95-15
4
September 1, 1995
and fire hydrants shall be installed at such locations as necessary to provide fire protection.
(12) Building Height. Height limitations shall be the same as imposed in the respective districts.
(13) Refuse. Provision for trash pick-up shall be provided according to a plan approved by the
City Council.
(14) Site Improvement Agreement. Prior to a rezoning or the issuance of a building permit as
part of Planned Unit Development, the permit, applicant, builder, or developer shall execute
and deliver to the Council a development agreement. The agreement shall detail all use
restrictions and required on and off-site improvements conditional to the PUD rezoning or
CUP approval. The agreement shall provide for the installation within one year of the off-
site and on-site improvements as approved by the Council, secured by a cash escrow or
surety bond in an amount and with surety and conditions satisfactory to the City, to insure
the City that such improvements will be actually constructed and installed according to
specifications and plans approved by the City as expressed in such agreement. The amount
of the bond shall be one and one-half times the estimated cost of the improvements as
determined by the City Engineer or City Building Official.
The City Code establishes special requirements for the granting of a conditional use permit
to allow Commercial or Industrial PUD projects which are in compliance with the permitted
and conditional uses allowed in a specific district in one or more buildings in relation to an
overall design, an integrated physical plan and in accordance with the provisions and
procedures prescribed in the Code.
(1) Frontage. The tract of land for which a project is proposed and a permit requested shall
not have less than 200 feet of frontage on a public right-of-way.
(2) Yard. No building shall be nearer than 50 feet to the side or rear property line when such
line abuts an R-l, R-2, R-3 or R-4 use district.
(3)
Landscaping, Screenim, and Surfacing.
a. Surfacing. The entire site other than that taken up by structures or landscaping shall be
surfaced with a material to control dust and drainage.
b. Drainage. A, drainage system subject to the approval of the City Engineer shall be
installed.
c. Screening and Landscaping. Developments abutting an R-l, R-2, R-3 and R-4 district
shall be screened and landscaped.
Stages of PUD. The processing steps for a PUD are intended t° provide for an orderly
development and progression of the plan, with the greatest expenditure of developmental
funds being made only after the City has had ample opportunity for informed decisions as
to the acceptability of the various segments of the whole as the plan affects the public
interest. The various steps are:
Planning Case Report 95-15 5
September 1, 1995
A. Application Conference. Preliminary discussions.
B. General Concept Plan. Consideration of overall concept and plan.
C. Development Stage Plan. One or more detailed plans as part of the whole final plan.
D. Final Plan. The summary of the entire concept and each development stage plan in an
integrated complete and final plan.
General Concept Plan. The General Concept Plan provides an opportunity for the applicant
to submit a plan to the City showing his basic intent and the general nature of the entire
development before incurring substantial cost. This Concept Plan serves as the basis for the
public hearing so that the proposal may be publicly considered at an early stage. The
following elements for the proposed General Concept Plan represent the immediately
significant elements which the City shall review and for which a decision shall be rendered:
A. Overall Maximum PUD Density Range.
B. General Location of Major Streets and Pedestrian Ways.
C. General Location and Extent of Public and Common Open Space.
D. General Location of Residential and Non-Residential Land Uses with Approximate Type
and Intensities of Development.
E. Sta~ng and Time Schedule of Development.
F. Other Special Criteria for Development.
Process. The Planning Commission makes a recommendation to the City Council on the General
Concept Plan. The City Council then reviews all recommendations and approves or denies the
General Concept Plan.
7. The information and documentation requirements for General Concept Stage plan submission
include the following:
(a) General Information:
(i) Owner. The landowner's name, address and telephone number and his interest in the
subject property.
(ii) Applicant. The applicant's name, address and telephone number if different from the
landowner.
(iii)
Consultants. The names and addresses of all professional consultants who have
contributed to the development of the PUD plan being submitted, including attorney,
land planner, engineer and surveyor.
(iv)
Title of Applicant. Evidence that the applicant has sufficient control over the subject
property to effectuate the proposed PUD, including a statement of all legal, beneficial,
tenancy and contractual interest held in or affecting the subject property and including
an up-to-date certified abstract of title or registered property report, and such other
evidence as the City Attorney may require to show the status of title or control of the
subject property.
Planning Case Report 95-15
6
September 1, 1995
(b) Present Status of Premises and Adjacent Properties.
(i) Description. The address and legal description of the subject property. If a survey is
available, it should be furnished.
(ii) Zoning. The existing zoning classification and present use of the subject property and
all lands within 500 feet of the subject property.
(iii)
Map. A map depicting the existing development of the subject property and all land
within 500 feet thereof and showing the precise location of existing streets, property
lines, easements, water mains and storm and sanitary sewers, with invert elevations on
and within 100 feet of the subject property.
(c)
Narrative Description. A written statement generally describing the proposed PUD and the
market which it is intended to serve, showing its relationship to the City's Comprehensive
Plan and how the proposed PUD is to be designed, arranged and operated in order to permit
the development and use of neighboring property in accordance with the applicable
regulations of the City.
(d) Site Conditions: Where deemed necessary by the City, graphic reproductions of the existing
site conditions at a scale of 100 feet shall be submitted.
(e)
Concept Drawing. Schematic drawing of the proposed development concept including but
not limited to the general location of major circulation elements, public and common open
space, residential and other land uses.
(f)
Number of Units. A statement of the estimated total number of dwelling and/or other units
proposed for the PUD and a tabulation of the proposed approximate allocations of land use
expressed in acres and as a percent of the total project area.
(g)
Staged Development. When the PUD is to be constructed in stages during a period of time
extending beyond a single construction season, a schedule for the development of such stages
or units shall be submitted stating the approximate beginning and completion date for each
such stage or unit and the proportion of the total PUD public or common open space and
dwelling units to be provided or constructed during each such stage and the overall
chronology of dev. elopment to be followed from stage to stage.
(h)
Common Areas. When the proposed PUD includes provisions for public or common open
space or service facilities, a statement describing the provision that is to be made for the care
and maintenance of such open space or service facilities. If it is proposed that such open
space be owned and/or maintained by any entity other than a governmental authority, copies
of the proposed articles of incorporation and by-laws of such entity shall be submitted during
the development stage.
(i) Covenants. General intents of any restrictive covenants that are to be recorded with respect
to property included in the proposed PUD.
Planning Case Report 95-15
7
September 1, 1995
(j) Market Feasibility. Where deemed necessary, a market feasibility study including an
analysis of the proposals economic impact on the City.
The Design & Review Committee met with the petitioner on August 17th and the following PUD
plan shortcomings, as discussed by the Planning Consultant, City Engineer and Building Official,
were reviewed:
A. Traffic issues/hazards with south internal drive too close to 42nd Avenue, dead end parking,
lack of stacking at busy south driveway, lack of a large truck loading berth, visitor and
disability parking designations.
B. Noise Impact Statement required for noisy muffler shop use adjacent to residential properties
and restricted hours of operation.
C. No significant transition/screening is provided to buffer the residential area (north) from the
business uses.
D. Parking greatly exceeds the Code - 65 vs. 39 required.
E. Drainage must be improved and conducted through storm sewer system at north.
F. Utilities are required to be underground - not shown.
G. Fire Chief recommends auto fire sprinklers in building.
H. More landscaping is needed at north and south (where the green area must be widened
significantly for traffic reasons).
I. Maintenance of common/open space is not detailed.
J. Trash storage/enclosure omitted.
K. Provide "integrated planning and architecture" linked to existing building per PUD
ordinance.
L. No market feasibility information provided.
M. Floor plan shows 77-foot building; Site plan shows 87-foot building - revised building plans
needed.
A revised two-sheet plan (Site and Landscaping Plan) and narrative packet were submitted
subsequent to the Design & Review meeting. The Site Plan improvements include more plantings
along the north side, a trash enclosure, future loading area and pedestrian stairway to the lower
parking area. The narrative has added detail on the following subjects:
A. Maintenance
B. Acoustical Study (typical muffler shop noise levels)
C. Market Analysis
D. Hours of OperatiOn
E. Delivery Truck Sizes
Please review these items; they are attached to the report.
10. Items not included in this Concept PUD filing include the following:
A. Existing zoning and present use of lands within 500 feet.
B. Vicinity map (500 feet) with physical data and utilities.
C. Covenants to be included in PUD.
Planning Case Report 95-15
8
September 1, 1995
11. Design & Review Committee and staff/consultant advice not taken includes:
A. Shift 42nd Avenue driveway to south center of lot per advice of our Traffic Engineer.
B. Eliminate all or most dead-end parking areas.
C. Provide practical loading space at grade of building.
D. Insufficient data submitted on noise impacts on adjacent residential.
E. Transitions to north unidentified as to size of plantings - more plantings and, perhaps, 8-foot
high fencing may be appropriate.
F. No greenery along 42nd Avenue is proposed - shift building 10-15 feet north and add sod
and decorative belt along the redeveloped Avenue.
G. Excess parking still proposed.
H. Utilities not identified - must be underground.
I. Floor plan submitted earlier shows 77-foot building - revised Site Plan shows 87-foot
building.
J. "Integrated planning and architecture" required for a PUD are missing.
K. Coordination of signage plans must be identified for multiple businesses.
L. Storm sewer system must be provided, including easement acquisition, per Engineer.
RECOMMENDATION
Staff recommend revisions to the Site Plan before the Planning Commission approves the Concept.
The proposed Site Plan is inadequate for a PUD. Since City Code does not permit two principal
buildings on a lot, a reasonable PUD Concept for this property should meet all current standards,
including traffic, noise, drainage, screening, integrated planning and architecture, etc. Exhibit "F",
attached, is just one possibility that illustrates a more acceptable site design.
Staff recommends tabling the request for one month.
Attachments:
Zoning/Section/Topo Maps
PUD Application: Correspondence
Site History
Project
Development Team
Survey
PUD Addendum: Maintenance
Acoustical Study
Market Evaluation
Hours of Operation
Delivery Trucks
Revised Site Plan
Site Plan
Landscape Plan
Building Elevations
Floor Plan
Revised Landscape Plan
Design & Review Committee Notes: Noise
Storm Sewer
Curb Cut Alternatives
Building Official Exhibit
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APPLICATION
TO THE
CITY OF NEW HOPE
FOR A
P.U.D. PROJECT
7180 42ND AVENUE NORTH
REAL ESTATE
FAX (612) 922-8540
2506 MONTEREY AVENUE SOUTH ST. LOUIS PARK, MINNESOTA 55416 PHONE (612) 922-3334 or 377-1167
August 7, 1995
Mr. Doug Sandstad
City of New Hope
4401Xylon Avenue North
New Hope, MN 55428
RE:
P1 anning Commi ssi on Appl i cati on
for 7180 42nd Avenue North Property
Dear Mr. Sandstad:
The following information and forms are enclosed to fulfill the requirements for
our request for a PUD on this property at 7180 42nd Avenue North in New Hope.
In filing this request, we are asking for approval to erect.'an additional
building of approximately 5,000 square feet.
Sincerely yours,
David Lasky
DL/jj
Enclosure
HISTORY OF THE SITE
Historically, an existing building now occupying a small corner of the site was,
in 1958. the New Hope City Hall. As the City grew. the City Hall location was
changed and the 7180 building then became the New Hope Municipal Bar and Liquor
Store.
In 1978, David Lasky purchased the property from the City, and other parties
purchased the bar business. This continued for about ten years until the
subleasing tenants lost their liquor license.
At that time, the building was vacated and David Lasky took possession and
started to seek a tenant for the building. A few years later, two tenants were
found and the building was remodeled to meet the needs of these two retail
operations. These are both small businesses, but they meet the needs of the
community.
-3-
ABOUT 'mE SITE
If you look at the elevation survey, or elevation detail on the recent survey,
you will see that the site has some complex and costly site development problems
because of the contour.
There are elevation changes in excess of 12 feet.
For this and other reasons, the property does not lend itself to easy development
nor to as wide a variety of uses as a level site would.
For the past few years we have been seeking tenants for this property. We
finally have a user that is worthwhile for the City and who will accept the extra
problems that this site development calls for.
-4-
THE PRO~ECT
Once we have approval for the PUD project we have outlined, we will build a Car-X
muffler, brake and alignment facility. This building will be similar to other
buildings of the chain, but designed and "treated" in a more sophisticated
manner.
It is our intention to make the building and surrounding land attractive,
functional and profitable for the client. At the same time this will provide
employment for people in the area as well as a needed service to the community.
Although our family has been engaged in building apartment buildings for the past
35 years, most of our projects have been years ahead in design, function and
quality. We expect to do the same with this project.
The project will be financed by current funds of the Lasky family.
A review of the business and financial statements of the Car-X franchisee, shows
them to be outstandingly successful in the Minnesota and Wisconsin locations, the
two states they operate in.
-5-
THE DEVELOPHENT TEAH
The owners of the property who will be developing the site, are members of the
Lasky family who have been building'apartment buildings and remodeling commercial
property for 35 years.
The building is being designed by Wemunger Architects of St. Cloud. They have
been the lead designers of Car-X facilities in this state. The plans we will be
using are a modified and enhanced variation of proven designs.
Site planning and landscape design, as well as consulting, will be done by the
firm of Bernard Herman Architects. This firm has a long history of important
building design and extensive experience and knowledge about the needs of the
City of New Hope.
This PUD project will vastly improve the appearance, use and benefits of this
site at 42nd and Nevada.
-6-
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REAL ESTATE
FAX (612) 922-8540
2506 MONTEREY AVENUE SOUTH · ST, LOUIS PARK, MINNESOTA 55416 · PHONE (612) 922-3334 or 377-1167
August 24, 1995
Douglas Sandstad
Building Official
City of New Hope
4401Xylon Avenue North
New Hope. MN 55428
RE:
Planning Commission Application'
7180 42nd Avenue North Property
Dear Mr. Sandstad:
This letter and the attached pages and architect plans are a follow-up and an
addition to the materials supplied on August 7, 1995. To the best of our
ability, it deals with the issues raised at the last meeting with the City
Development Review Committee. Following this meeting~ we met with the management
of Car-X and with our architect on numerous occasions to deal with the items
suggested at this meeting.
Si ncerely yours.
DL/1 k
Enclosures
RE: 7180 42nd Avenue North
MAINTENANCE
Because the 7180 42nd Avenue North site involves a number of tenants, all
of whom are using various parts of the site, the plan is to have the property
serviced by various companies under our direction. The tenants will be charged
for the services on the basis of a formula not yet established.
These service companies will take care of snow plowing, lawn care and other
landscaping needs. Servicing of the parking and driveway areas will also be
handled by an outside company and charged to the tenants on the same formula.
RE: 7180 42nd Avenue North
OTHER ITEMS
1. At this juncture, after reviewing the needs of the tenants, we are
not sure that there will be excess parking for surrounding property owners. We
will have to deal with this at a later date.
2. If budgeting and tenant needs make it possible, we will try to
provide a fire sprinkler system for the building. As for the suggestion of a
sewer, we are awaiting a response from the City on how this suggestion should be
dealt with.
3. All other items should be clarified on the site and landscape plans
of the architect.
ACOUSTICAL STUDY
aUG 17 '96 15,5g Pl~ ~ C:lal~-X lNG.
3i~ 693 1946 TO $ B~RT~TGIN
EASI
Mr. Allan J. Siegel
3208 Barbara Dr.
Glenview, IL 60025
June24,1991
Dear Allan;
Enclosed below please find our re, port on the noise measurements Electro
· Aceustlc SystemK Inc. (EASI) made on June 20, 1991 at three sites. The first
lwo Sites were existing C~rX stores while the third site was the proposed si:- of
your CarX faCility.
At tile first CsrX location at 260 Skokie Valley Rend in Highland Park, we
performed octave.band one.hour Leq noise measurements ns specified In
chapter 1, section 901 of Title 35 of the Illinois Administrative Code. These
measurements estimate the total noise power in decibels (dB) present in
certain specific frequency bands listed in Hertz (Hz) for the period of the
measurement. The aim here was to determine Ihe amount of noise emanating
frum tile facility it a distance similar to the closest property.line to ),our
proposed store, That distance is approximately 160 feet. However, we were
only able to Eel 80 feel from the bay doors at this Ioentlfln, on n 90.degree
ankle, due to very dense brush lining some railroad tracks. List'ed below are
the results from this first mensuremenl:
Octave Frequency Band (Hz)
31,5 63 125 2~0 500 1000 2000 4000 8000
Leq(dB) 63.6 67.9 60.6 54.0 48,548.1 45.3 48.9 37.0
There was a fair amount of wind on that day, and the trallTc noae on SkokJe
Valley Road end the air-conditioning units and paging capabilities of adjacent
business atablishments were observed to be much louder thnn the noise from
the CarX store on many oeen~ionL in addition, there was a very loud bird
chirping overhead, presumably protecting its nest, which contributed I lot of
enerEy in the 40Q0 Hz frequency band.
The' allowable octave band sound prefaure lave~ of sound emitted to
receivin6 residential property during da)time hours are as follows:
701 Main Street Evlnlton, IL ~0202 VOX (706) 328-20S2 FAX (708) 328.a1~.2
O~nve Frequency B~nd (Hz)
Leq (dB)
315 63 125 250 500 1000 2000 4000 8000
72 71 65 57 51 45 39 34 32
.a~ you can See, all frequency bands up to and including the 500 Hz band are below the
Illinois standards, even at this elome distance. Regarding the four bands above $00 Hz
which are above the allowable standards, it il n well.known nad investigated
phenomenon thai the energy et' sound in free sPaCe drops off by 6 dB for each doublin~
of distance from the source. ICnown as the inverse.squtre law of sound, it essentially
menns that a sound seems only half as you get twice as fa' away from it. Sine~ our So~l is
to estimate the nois~ levels at a dismnee of 160 feet, we c'a.n apply this 6 dB drop to aU the
bands in our first measurement. Now except for the 4000 Hz frequency band, AU levels
are under the allowable limits. And asain the loud bird chirping, which was verif'md to be
in that 4000 Hz band, ageounts for the exceedan~e in that b~nd.
At the second measurement site at 1098 E. Dundee Road in Palatine, IL, we were able to
get the full I~R} feet from the In~t bay door nt an ansie of 90-degrees. This pinged us on
the street Juat behind the CerX ltom. We have enl~iat~d the foliowin$ one-hour 1.lq
values for this sate.
O~tave Frequency Band (Hz)
31.5 63 125 250 500 1000 2000 ~ 8000
Leq(dB) 62.9 62.8 $$.1 46.5 43.3 41.8 39.2 37.332.0
Even though this location wa& at the intersection of Rand and Dundee Roads, we d~d
not hear any noise from the C.m'X store at the measurement location. The t~a~e noise
was only bm'ely audible as well. Therefore, we were measurin8 only the surroundins
ambient noise with only, minimal contribution from traffic.
Our fintl measurements took plngm at the proposed site of your CarX facility in oudot #6
of the Dee~ath Court Ret~l Center in Lake Zurich. Hera the truffle on Rand Road was
consent and quite loud. Measured at the residential pro~rty line approximately 160
feet from the proposed location of your store, we have eulgulated th~ foilowin~ OM-bOm'
Leq values:
Frequency Band (I'~)
31.5 63 12~
l.gq(dB) 63.2 683 62.0
~0 5OO 1000 20OO 4O0O 8000
48.9 48.6 48.1 44.8 40.9 31.~
Comparini these values to the maximum allowable limits, it is clear that the traffic noise
already exceecLt those limits in all bands from I000 Hz on up.
Based on both our measurement~ and observations at the three sites listed above, we
feel a CnrX facility itt the proposed site in l..nke Zurich will not significantly increase the
noise level in the surroundinB community.
. The traffic noise on Rand Rd. is already quite
mtense, itnd our experience at the Palatine facility where we'did not even hear itny noise
~'rom the store sumlests no cause for concern.
Thitnk you very much.
Cordially,
.Martin D. Wilde
EASI
Sound Pressure
Jet Engine
(25 m d~stsflce!
Sound Pressure Level
dB Threshold of Pain
Pop Qroup
110
100.~
9O
Jet Toke-Off
( 1 O0 m distance)
Pneume~tG Ch~er
C~v~'MtWl
Llvi~ Reem
100
Weed
Threshold of Hearing
Br~ei & Kjaer
KIUG i? '~ l&10J, FR ~ O:~-)C INC. 112 693 l~ T0 2 ~TEIH p.~
Illinois EnYimnmen~l P~tsetion ASency . P.O. ~ lS~,.Smn~d, lC eS~.SS~ ~
(~17) 524-4193 (Z~) ,
Zfl~o~tion tiptoe
No~se
3208 Barba~ Drive
Glenviev, Zllino~e e002S
(708) S84-92~9
Dear Mr. Biogelt'-
1991, req~elClng an opinion ard~n
"~Yp~eal- au~o ----- _....__~L~g~ _ ~ CAe PO~an~el no~ae ~~ ~
Based on my 19 yea~s of expeFian~e in no
no "average, Zor noise leve~, lee POllution ~ontrol there
oeec of fro~ molC commercial o ·
auComo~Lve m~££1er and _ P ra~tone. In
_. iii ou~pu~. ~e volume of bus,nee- ~-- ~o~e ce~ en~eF
as cna emo~n~ or ~boushC end o--- --- . w... be_e ~lq rector, os well
-- -*- ---Lgned ~nto seine
A 900 angle viii be helptu~ Lr Ul noisy opera~lona az~ ~onduo~ed Ln the
re&r of ~he bey~ and no~ aC ~be Intraflel Co ~he door.
0Pera~ons ~re OOndUm:ed &~ ~he reef v __A?aumlng.~Ae no~ay
reduction o£ 20 dBfA! (deo~hel- -- :~ I :y r~Bl C he d~ur,.& no~ae
e~y a drop Ln meaeu~ad ld~e~a n n ....
~xpecCed £or each doubZ]Ju~o£ dLe~--o- -o ...... o~ 6 dB(A) eon be
nOUr no~ae leveZe Ln~u--~'aho~ Co':~-'~-~.~?n Keep ~J}a hour per
Chert C~he ~tVtll I~ t~11 nllrllC -I-(A---- -- ...... {
m~nus 22 dB(A),~or 93 dB(A). The sPProxJ, maCa 'ILmL~e fo~ de ~e 85 dB(A)
SS dB(A), Z use CAe vOZ~l "&pproxLmi~a lLmXCl# ~ would be
aegu~aC~one ere BOre ooaplex CAen · dB(A) ueaeuFeaenC and
conversion ~s aC bea~ an appz~xJJmC~on.
0uC or over 3000 riO~ll sample/nra, ~he XlXinois RPA has reoeived very
rev, Ar any, noise aonpxaLn~s dAre~ed a~ au~~ve n~XeF a~ bFa~e
would suggoa~ y~ ~one~der ~e pona~e ~enntty of oloe~ ~e bay
~12 69J l~ TO $ BERNSTEIN
AUG 17 '9~ 16:82 ~R SPEEDY CA~-X IN(:.
'Mr. Allan J. Siegel, June 17, 1991
Pacje 3
when Uhe hOlly pe~i~ il over. ,
If you have M1¥ quee~lone, p~e&me don,~ heel~&Ce ~o qeX1.
Sincerely,
Grego~. Zak,
Noise Technical Advisor, .
Division of ~and Pollution Control
cc: Bill ~ild
Division ~ile
MARKET EVALUATION
Cqke
-Muffle
OFFICE/WAREHOUSE
974 East Hennepin Ave.
Minneapolis, MN 55414
(612) 378-0734
FAX - (612) 378-0931
1100 Harmon Place
Minneapolis, MN 55403
(612) 375-1918
4457 Central Avenue, N.E.
Columbia Hts., MN 55421
(612) 789-3561
1011 2nd Street, South
Hopl(ins, MN 55343
(612) 935-8320
1001 W. Lake Street
Minneapolis, MN 55408
(612) 822-3118
1201 White Bear Avenue
St. Paul, MN 55106
(612) 774-8686
August 23, 1995
Mr. David Lasky
2506 Monterey Avenue S.
St. Louis Park, MN. 55416
RE: Market Study -- New Hope
Dear David;
When we search for a community to expand our Car-X Muffler & Brake
operation into we consider a wide array of demographic information.
Some of those things are: Adult population, income levels,
vehicle population, age of vehicle population, traffic patterns,
and the number and identities of competition.
New Hope nicely fits the demographics that'we search for.
Once we have identified markets or communities with appropriate
demographics, we begin to search for a suitable site within that
area. Some of the conditions we use to evaluate a potential
site include: Amount of passing traffic, speed of passing traffic,
presence of traffic control lights, ease of ingress and egress,
signage placement and allowance, probable orientation of the
building to the street, and presence of other commercial develop-
ment.
The site on 42nd Avenue N. meets the criteria for development
of a Car-X Muffler & Brake Shop.
We look forward to many years of successfully serving the auto-
motive repair needs of the New Hope community.
Sincerely,
A. Ashby C~ter
General Manager, Minne Mufflers
HOURS OF OPERATION
' r"l uffler & Bra
OFFICEANAREHOUSE
2400 No. 2nd St
Minneapolis, MN 55411
(612) 521-1337
FAX- (612) 521-0567
1100 Harmon Place
Minneapolis, MN 55403
(612) 375-1918
4457 Central Avenue, N.E.
Columbia Hts., MN 55421
(612) 789-3561
1011 2nd Street, South
Hopkins, MN 55343
(612) 935-8320
1001 W. Lake Street
Minneapolis, MN 554C8
(612) 822-3118
1201 White Bear Avenue
St. Paul, MN 55106
(612) 774-8686
August 22, 1995
Mr. David Lasky
2506 Monterey Ave So.
St. Louis Park MN 55416
RE: New Hope Car-X Development---Hours of Operation
Dear David,
The Car-X Muffler & Brake Shop which you are developing for us on
42nd Ave North in New Hope will be the fifth owned and operated by
Minne Mufflers Inc. in the Twin Cities area.
We anticipate that this new shop will begin operating with the same
hours-of-operation as the other four. Those hours are:
Monday & Friday
Tues. Wed &
Saturday
Sunday
8:00AM-7':'00PM
8:00AM-5:30PM
8:00AM-3:00PM
CLOSED
Having said that, it is imperative that a service business such as
ours retains the flexibility ofbeing open when our customers need
us. This consideration might require us to tailor our operating
hours at a given location to meet that shop's particular needs.
However, even with that consideration, and with respect for our
residential neighbors and our employees' private lives, we cannot
imagine that we would require more operating hours than shown, below.
Monday- Friday 7:30AM-7:00PM
Saturday 7:30AM-6:00PM
Sunday CLOSED
I hope you find this information useful. If I can be of any other
assistance, please feel free to call.
Sincerely,
A.~'~ .-~~Ashby~Ca~'
General Manager, Minne Mufflers
DELIVERY TRUCK SIZES
'ca
Muffler & Brakl
OFFICE/WAREHOUSE
974 East Hennepin Ave.
Minneapolis, MN 55414
(612) 378-0734
FAX - (612) 378-0931
1100 Harmon Place
Minneapolis, MN 55403
(612) 375-1918
4457 Central Avenue, N.E.
Colun'~ta Hts., MN 55421
(612) 789-3561
1011 2nd Street, South
Hopkins, MN 55343
(612) 935-8320
1001 W. Lake Street
Minneapolis, MN 55408
(612) 822-3118
1201 White Bear Avenue
St. Paul, MN 55106
(612) 774-8686
August 24, 1995
Mr. David Lasky
2506 Monterey Avenue S.
St. Louis Park, MN. 55416
RE: New Hope Car-X Development -- Semi-,Trailer Access
Dear David;
The purpose of this letter is to respond to you about the issue
of semi-trailer or large delivery truck access to the Car-X
Muffler & Brake Shop which you are developing for us on 42nd Avenue
in New Hope.
Minne Mufflers, Inc. currently operates four Car-X shops in the
Twin Cities area. As part of that operation we maintain warehouse
and administrative facilities centrally located at 974 E. Hennipin
Avenue in Minneapolis.
This warehouse receives all major deliveries of inventory from
our vendors. The inventory received here includes weekly receipts
of exhaust parts, brake parts, shock absorbers, and miscellaneous
parts and supplies. This weekly receipt of merchandise is then
delivered to each shop in daily deliveries via our own fleet of
light-duty pick-up trucks.
These pick-up trucks are also used by our shops to pick up parts
from local auto parts jobbers, to transfer parts among our shops,
and to provide our customers with courtesy rides as needed while
their vehicles are being repaired.
In addition to the pick-up trucks utilized by our 'shops for the
aforementioned tasks, our warehouse also keeps two small pick-up
trucks to assist in the transfer of small amounts of inventory
from location to location.
Because of the success we have had in managing our inventories
in our shops and warehouse, we have no need for semi-trailer
access to our shops. The shop in New Hope will be no exception.
The only "large" trucks which will periodically visit our shops
are small cube vans used by our uniform supply company, small
-2-
flat-bed or cube vans used by our welding supplies vendor, and
garbage trucks. All of these vehicles are medium-duty, single
axle vehicles.
I hope that this addresses any concerns that you or the City of
New Hope may have regarding the access by, or regular presence
of, semi-trailers at the proposed Car-X Muffler & Brake Shop in
New Hope.
If I can be of any further assistance in this or any other
matter regarding this development, please feel free to contact
me at (612) 378-0734.
Sincerely,
A .~' ~' '~~A shby CCa~
General Manager, Minne Mufflers
r
DESIGN-REVIEW COMMITTEE MEETING
AUGUST 17, 1995
A. LASKY PUD- 7180 42nd Ave. No.
A meeting of the city Development Review Committee was held
this week to review and discuss this "concept" Planned Unit
Development. The proposed muffler shop use requires a CUP
(Conditional Use Permit), while the second building on a lot
requires a PUD approach. The existing building at the SW corner
will continue with retail sales; this fact severely limits the
potential and options for the property, which would otherwise be a
1.6 acre "gem" at a signalized corner of a major roadway in a
recently revitalized corridor.
In addition, both our Consulting Engineer and Planner have
made a preliminary comment on the concept. In summary, we would
conclude that the muffler shop use CAN WORK on the property if a
rethinking of the site and building design is successful. Among
the questions and shortcomings of the PUD concept are these:
* Traffic issues/hazards with south internal drive too close
to 42nd Avenue, dead end parking, lack of stacking at busy
south driveway, lack of a large truck loading berth, visitor
and Disability parking designations.
NOTE: Comprehensive Plan stated that "traffic ~afety" was
the major issue to consider in this planning district.
* Noise Impact Statement required for noisy muffler shop use
adjacent to residential properties and restricted hours of
operation.
* No significant Transition / screening is provided to buffer
the residential area (north) from the business uses.
* Parking greatly exceeds the code-65 vs. 39 (req'd) WHY ?
* Drainage must be improved and conducted through stormsewer
system at north.
* Utilities are required to be underground-not shown.
* Fire Chief recommends auto fire sprinklers in building.
* More landscaping is needed at north and south (where the
green ar~a must be widened significantly for traffic
reasons).
* Maintenance of common/open space is not detailed.
* Trash storage/enclosure omitted.
* Provide "integrated planning and architecture" linked to
existing building per PUD ordinance.
* No market feasibility information provided.
* Floor plan shows 77' bldg.; Site plan shows 87' bldg.
Refer to attached rough sketches from City Engineer on storm
drainage, Exhibit "B" and revised traffic design options, "Alt. I,
Alt. II & Alt. III". Alternate III allows for a Loading Zone along
the north side of the building.
X
906.2
AVENUE
903.
×
907.0
NORTH
)04.8
PROPOSED MUFFLER SHOP
7180 42nd Ave.
X905.4
* Noise impacts upon adjacent residential must
be considered due to open-door nature of noisy
business near residences that is not a Permitted Use.
SCALE: 1" = 100'
X
LOU$1ANA ~x
AVENUE
'OSSV ~ O0~£S~NO~
I~ :EI
90' cl ' D~ '~
o
&O' ~
%
'3SSV ~ O0~J.S~NO~]
5
iii
CITY OF NEW HOPE
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
September 1, 1995
Planning Commission Members
Kirk McDonald, Management Assistant, Community Development Coordinator
Miscellaneous Issues
August 14th Council/EDA Meeting - At the August 14th Council/EDA meeting, the Council/EDA took
action on the following planning/development/housing issues:
A. Kimball Addition Letter of Credit - Approved reduction of Kimball Addition Letter of Credit to
$25,000.
B. Release of Indemnity Bond for Gethsemane Cemetery - Approved release of Indemnity Bond for
Gethsemane Cemetery Planned Unit Development.
C. Planning Case 95-04/Ordinance 95-10, Request for an Ordinance Amending the New Hope
Code by Amending Maximum Signage Area for Front Wall Si,tins Accessory to Single
Occupancy Businesses and Industrial Uses - Approved ordinance amendment, as recommended
by the Planning Commission. Staff have contacted the owners of the New Hope Bowl so that they
can proceed with their improvements.
D. Planning Case 95-12/Ordinance 95-09, Request for an Ordinance Amending the New Hope
Code by Establishing Regulations for Outdoor Sales of Seasonal Farm Produce and Allowinp
Sales in the Commercial and Industrial Zoning Districts - Approved ordinance amendment, as
recommended by the Planning Commission. The ordinance was revised prior to the Council
meeting to include the following revisions:
1. Inclusion of a requirement for insurance.
2. Inclusion of a requirement for sandwich-board signage.
3. Wording changes as recommended by the Building Official.
4. Lead time for an extension.
Please find a copy of the revised, approved ordinance enclosed.
E. Project//545, 6067 West Broadway - Approved motion authorizing staff to obtain an appraisal on
the property at 6067 West Broadway.
F. Motion Accepting Appraisals and Authorizing Staff to Proceed to Negotiate with Property
Owners to Purchase Properties at 7609 Bass Lake Road and 5520 Snmter Avenue for Bass
Lake Road Extension Housing Redevelopment Pro|ect - City staff have received the appraisals
for the properties at 7609 Bass Lake Road and 5520 Sumter Avenue for the Bass Lake Road
Extension Housin~ Redevelopment Project and had requested that the EDA 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
the August 14th meeting, the enclosed information was presented from the relocation firm and City
Attorney. The EDA tabled this item again until August 28th.
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. This Purchase Agreement was
reconsidered at the August 14th EDA meeting, however, was tabled again until August 28th.
Resolution Authorizing and Approving the Sale of 7901 51st Avenue - Approved sale of second
half of twin home to Carey Luckeroth (see attached information).
Go
I. Resolution Approving Change Order for Construction Contract for 7901/7909 51st Avenue -
Approved.
August 2$th Council/EDA Meeting - At the August 28th Council/EDA meeting, the Council/EDA took
action on the following planning/development/housing issues: ~
A. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Asse.q.qmem
in Connection with the 1994 Retaining Wall Improvement Project and Resolution Calling for
Public Hearing on Assessments for 1994 Retaining Wall Improvement Project - These
resolutions were approved, and the Retaining Wall Project has been completed. The Public Hearing
for Assessments has been set for the September 25th Council meeting.
B. Resolution Approving Plans and Specifications for Storm Water Pond Improvements at 4400
Quebec Avenue North and Municipal Golf Course and Ordering Advertisement for Bids - The
Council approved the plans and specifications and authorized advertisement for bids on these two
storm water projects. Please fred a copy of the plans enclosed.
Resolution Supporting 42nd and Xylon Avenue/Gethsemane Cemetery~ Entrance Intersection
Upgrade and Encoura~ng Hennepin County to Participate in Project - The Council passed a
resolution supporting the upgrading of this intersection and encouraging Hennepin County to
participate. Please find the Council request attached for your information.
Resolution Authorizing Purchase of 6067 West Broadway - The Council approved the resolution
authorizing staff to purchase the property, as HUD required a signed sales contract from the City
by August 29th. Staff will be coming back to the Council with recommendations at a later date on
whether to rehabilitate the property or to demolish the house and construct new on the site.
Discussion Regarding Construction of a Handicap Accessible Twin Home at 6073 Louisiana
Avenue North - City staff had a general discussion with the Council regarding their opinion on the
construction of a second handicapped accessible twin home on vacant City-owned property near
62nd and Louisiana Avenues. The Council was generally supportive and indicated that staff could
move ahead. Per the enclosed information, the steps that the City will be pursuing within the next
several months will include a Letter of Agreement from Equal Access Homes to provide design
services, meeting with neighborhood residents, developing plans and specifications and seeking bids
on the construction, pre-marketing the sale of the units, seeking bids to extend the utilities to the
site, and rezoning the site from R-1 to R-2 and replatting the property. Staff is proposing that the
second twin home be larger and contain three bedrooms and two baths.
Discussion Regarding Financial Assistance Request by Gill Brothers Funeral Chapels, Inc. -
The Council had further discussion upon the financial assistance reqUest by Gill Brothers to develop
the City-owned property on 42nd and Nevada Avenues and tabled any action on the request until
the September 1 lth EDA meeting. Staff will be meeting with Gill Brothers to firm up the request.
Resolution Repealing the Bass Lake Road Housing Redevelopment Project 541 - Over the past
several EDA meetings, the EDA has expressed a concern about the amount of funds that were to
be paid for relocation assistance to property owners. The EDA does not feel that the City should
have to pay relocation benefits to willing sellers. Therefore, they passed the enclosed resolution
repealing the project, however, will proceed to acquire some properties on a scattered site basis.
Please refer to the attachments for further information.
Eo
Fo
Go
Project Bulletins - A 1995 Backyard Drainage Project Bulletin was sent to the 32 residents involved
with this year's project and a copy is enclosed for your information. The project is currently underway.
Open House at 7901/7909 51st Avenue North - An open house was held on August 17th from 1:30
to 5 p.m. at the recently completed City/CHODO handicapped accessible twin home and was well
attended. Both units are sold, with one unit being occupied August 18th and the other unit will be
occupied in September.
5. Winnetka Center Market Study - The Planning Consultant and City staff met with the managers of
Winnetka Center in August to initiate the Market Study that is being funded 50/50 by the City and the
Shopping Center. The study will be completed this fall.
6. Shop New Hope Campaign - The City has received some positive comments in the League of
Minnesota Cities magazine and the Kraus-Anderson Quarterly about the Shop New Hope campaign
conducted this past spring and those articles are enclosed for your information.
Codes & Standards Issues
The Codes & Standards Committee met on Tuesday, August 8th, to finalize the ordinance regulating
tattoo establishments. City staff and the Planning Consultant will be meeting in September to prepare
recommendations for the Committee on the following code related issues:
A. Additional modifications to the Sign Code
B. Modifications to the Zoning Code regarding types of suitable boulevard/street trees, per the
direction of the City Council
C. Possible changes to the Zoning Code regarding the location of certain recreational/instructional uses
in the B-4 Zoning District.
Once the recommendations are prepared, staff will contact the Committee to establish a meeting date.
Attachments:
Revised Produce Sales Ordinance
Relocation Assistance Requirements
Sale of 7901 51st Avenue North
8/25 Correspondence from City Engineer re: Storm Sewer/Pond Improvements at 4400
Quebec/Golf Course
42nd/Xylon Avenues/Cemetery Entrance Intersection Upgrage
Purchase of 6067 West Broadway
Handicap Accessible Home at 6073 Louisiana Avenue
Financial Assistance Request by Gill Brothers
Repealing Bass Lake Road Housing Redevelopment Project
Backyard Drainage Project Bulletin
$'E~EN A $ONOR~LL
MICHAEL R LaFLE[JR
MARTIN P MALECHA
CORRICK & SONDRA~LL. P.A.
AI~TOR-~E¥$ AT LAW
Edinburgh Executive Office Plaza
8525 Edinbrook Crossing
Suite #203
Brooklyn Park, Minnesota 55443
TELEPHONE (612) 425-5671
FAX (612) 42~-5~67
SH&RON 0 OERIi¥
August 2, 1995
Kirk McDonald
Management Asst.
City of New Hope
4401Xy]on Avenue North
New Hope, MN 55428
RE:
Ordinance for Outdoor Sales of Seasonal Farm Produce
Our File No: 99.49509
Dear Kirk:
Enclosed please find an amended Ordinance permitting the outdoor
sales of seasonal farm produce in business and industrial zoning
districts for consideration at the August 14, 1995 Council meeting.
The enclosed Ordinance incorporates the recommendations made by the
Codes and Standards Committee, the Planning Commission and the
Building Official. Specifically, a summary of those changes are as
follows:
Section 8.312 (1) was changed to indicate sales
operations can only take place in zoning districts that
"allow" it as a permitted use.
The extension language of Section 8.312 (4) was amended
to r~quire an extension request at least two weeks prior
to the expiration date of the original permit.
Section 8.312 (10) was amended to specifically prohibit
off premises signage.
Section 8.312 (11) was amended to prohibit sound systems
from being audible beyond 10 feet from the sales display
area. :
Mr. Kirk McDonald
August 2, 1995
Page 2
Section 8.313 (2)(a) was amended to require initial
applications to be submitted at least two weeks prior to
the effective date of the permit.
A new Section 8.313 (1)(i) was added to require insurance
coverages applicable to the sales operations.
Please contact me if you have any other comments, questions,
recommendations or if ! have omitted any recommended changes not
made to the enclosed Ordinance.
Very truly yours,
Steven A. Sondrall
slw2
Enclosures
cc:
Valerie Leone (w/enc)
Doug Sandstad (w/enc)
A1 Brixius (w/enc)
FJ' C Northwest Associ..a, ted Consultants, Inc
COMMUNITY PLANNING D£$1GN · MARKET RE$1=ARC~
. t,IEMO RANDUM
TO:
FROM:
DATI~:
Ffl'F. NO:
Kh'k M~d
Cary Teagaa/.als- Brixins
28 July 1995
N~w Hope - Seasonal Agricultm'al Sales
131.00 - 95.06
Our office has reviewed the City Attorney's draft of tim Proposed Ordinance for Outdoor $al~
of Farm Produc~ and found that all of the iasues diacus~ at tl~ that Cod~ and Standards
Commi~ ~, and hi,fi? in the ~ fram our ~ cl~ted 21 luly 1995 were
incorporated into the Proposed Ordinance. Timdom, our office recomme~ approval of the
propo~exl amendment aa wtinam
5775 Wayzata Blvct.-Suite 555. St. Louis Park, MN 55416, (612) 595-9636'Fax, 595-9837
ORDINANCE NO. 95-09
AN ORDINANCE AMENDING THE NEW HOPE CODE
BY ESTABLISHING REGULATIONS FOR OUTDOOR SALES
OF SEASONAL FARM PRODUCE AND ALLOWING
SALES IN THE BUSINESS. 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 thP
permitting of temporary agricultural Sales sites. As a
mature, inner ring suburb, New Hope lacks suitabln
permanent or long term open space sites to devote to such
sales activity. Therefore, it is the intent of thi~
section to modify certain zoning irequirements
specifically for the uses contemplated by this section,
while still maintaining a level of regulation that
protects the genera] public health, safety, and welfare.
8.312
Requirements For Sales Operations.
No such operation shall take place in a zoning
district for which it is not allowed as a permitted
use.
No such operation shall take place without first
obtaining a permit for the sale premises in
~ccordance 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.
No such permit shall be good for more than ninety
(90) consecutive days. The effective date of the
permit shall be indicated on the application form
and permit required by §8.313 of this Code. No
structure, equipment, or merchandise shall be
allowed at the sale premises prior to the effectivn
date of the permit, regardless of whether any
actual sales transactions occur prior to tho
effective date. The permit .qrant ed under this
section may be extended an additional ninety (90)
day period provided that the extension request is
made at least 2 weeks prior to the expiration date.
(5)
(6)
(7)
(9)
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 required by §4.036 of this Code ara
maintained, normal on-site traffic circulation is
not impeded and traffic visibility on abuttinfl
streets is not obstructed. No sales operations may
be located in or cause damage to any ]andscapped
area or elements on either improved or unimproved
property.
Hours of operation shall be limited 2o 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 or juices if, in the iudgment of the City
staff, the amount and type of product still meets
the intent of this section.
The maximum area occupied by any structure, booth,
kiosk, vehicle, equipment or any combination
thereof, shall not exceed 360 square feet. This
.]imitation shall not apply to the product display
area but does apply to any merchandise storage area
not accessible by customers of the sales operation.
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 of this Code.
Determination of compliance with this requirement
shall be made by the City Buildin~ Official, who
8,313
shall consider the nature of the sale and the
applicable parking requirements of this Code.
Consideration shall be given to the parking need~
and requirements of other occupants of shoppin~
centers and multi-tenant buildings, Parking on the
public right-of-way and streets is prohibited.
(10) Signage for the sales operation may be counted
separate from the maximum allowed for the principal
use otherwise occupying the site. 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. Such signs shall be
located within either the area occupied by th~
sales operation or as an attachment to an existing
sign for the principal use otherwise occupying tho
site, provided that the City staff must in any case
approve the exact sign location. All off premises
signage beyond the sales display area, includin~
but not limited to directional signaqe, is
prohibited.
(11) Any use of an outdoor sound system in any
connection with the sales operation shall not be
audible beyond a distance of 10 feet from the sates
structure or sales display area.
(12) Any additional site lighting detailed on the site
plan must comply with the performance standards of
§4.033(5) of this Code.
(13) Any on site cutting or consumption of produce or
product is prohibited.
(14) One trash can shall be provided on site and the
sales area shall be cteaned daily. Overnight
storage of any produce, product or merchandise on
site is prohibited.
Appl icat ions.
(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.
3
A permit fee in an amount as set out Tn
Chapter 14.
(c)
Written consent of property owners, when
required under the terms of this section.
detailed site plan indicating:
the exact dimensions and proposed
location of .any kiosk, booth, tent,
vehicle, rack, barrel, or other structur,~
or equipment and the dimensions anti
location of any proposed sales display
area;
(e)
(ii) for unimproved property, exact distanc0
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 tho
sales operation.
(f)
A parking and circulation plan showin: how th,I,
proposed site meets the requirements of thiA
section with regard to parking and on-sit,,
vehicular circulation.
_(_9_)_ Dimensional drawings or photographs of any
signs to be used for the sales operation,
along with information on proposed sign size
and location.
(h) A lighting plan, if additional lighting tn
existing site lighting is proposed, showinfl
compliance with the lighting performancn
standards of this Code.
{i) An Accord 25 Certificate of Insuarnce or other
form establishing proof of insurance
acceptable to the City Attorney indicatinff
acceptable insurance coverages for the sales
operation as reasonably determined by the
Building Official.
4
(2) Application Process.
(a)
The completed application for any proposed
sales operation shall be turned into the
City's Building Officials at least two (2)
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
applicant. The application and the permit, if
issued, shall be signed by and considered
binding on any involved operator and any
owner(s)/manaqer(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, 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 2. Section 4.102 "Permitted Uses B-I" of the New Hope
City Code is hereby amended by adding subsection (22) "Outdoor
Sales of Seasonable Farm Produce" to read as follows:
(22) 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 Sales
of Seasonable Farm Produce" to read as follows: -
(104A)
Outdoor Sales of Seasonable Farm Producn. The sale, from
an outdoor location which may include a temporary
structure, tent, kiosk, booth or truck bed, by vendor=;
who are not a part of the principal use otherwise
occurring on the site, of Christmas trees or othe,
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 Hope 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 5. Section 4.122 "Permitted Uses, B-3" 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 Produc~. Subiect to the
.permit requirements of Chapter 8 of this Code.
Section 6. Section 14.08 "Business and Amusement Fee~" 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 - $100.00
(including extension)
Section 7. Effective Date. This Ordinance shall be effective
upon its passage and publication.
6
Dated the day of , 1995.
Edw. J. Erickson, Mayor
Attest:
Valerie Leone, City'Clerk
Published in the New Hope-Golden Valley Sun-Post the
, 1995.)
day of
~ EDA
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager EDA
8-14-95
Kirk McDonald ?~ Item No
By: Management Assistant By:// 4 '
^ss
R,~AIO D EXTENSION HOUSING REDEVELOPMENT PROJECT (IMPROVEMENT PROJECT NO.
541)
At the July 24th EDA meeting, the EDA tabled action on the purchase of 5559 Sumter Avenue North
and on authorizing staff to proceed to negotiate with two other property owners, pending further
information being presented regarding relocation assistance requirements and relocation cost estimates'
for this project. At the same meeting, the EDA authorized the hiring of a relocation assistance
consultant, Evergreen Land Services Company, and requested that an estimate of relocation costs for
this project be prepared. Attached for discussion purposes are the following three items:
1. Correspondence from the City Attorney explaining why the City must comply with the Uniform
Relocation Act.
2. Cost estimate from Evergreen Land Services for relocation costs and a description of the benefits
which must be provided.
3. Excerpts from the initial report prepared by Northwest Associated Consultants on this project,
which included costs for relocation assistance as part of the total project budget.
The City Attorney indicates that Minnesota Statutes requires a condemning authority to pay relocation
assistance to displaced property owners and tenants regardless of the fact that acquisition is by
negotiation and not condemnation. The statutes state that all acquisitions by condemning authorities are
subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Waivers of
relocatiOn benefits are not applicable to acquisitions in development districts. The act does indicate that
voluntary transactions are ~xempt from payment of relocation benefits if:
MOTION BY ~~/t/~ ,, SECOND BY
to: -Ir)/ o.c<
d~ "
Review: AdmmmtraUon: Finance:
RaU'A-O01
Request for Action 2 8-14-95
the development area subject to acquisition iS not site specific.
the property cannot be part of an intended/planned project area where all/substantially all of the
property in the area will be acquired within specific time limits.
the agency will not acquire the property if an amicable agreement cannot be negotiated.
the agency informs the owner of the fair market value of the property.
The Bass Lake Road project does not meet all of these conditions, as it is site specific and is part of a
planned project area. The City Attorney concludes that the EDA's acquisition process is subject to the
Relocation Act.
Evergreen Land Services has prepared an estimate of possible relocation costs for the 12 parcels located
in the project area. The estimate is based on the following types of benefits which the project area
occupants may be entitled to receive:
Moving Expenses: actual documented costs or a fixed payment
Replacement Housing Costs for a Homeowner/Occupant: Three possible benefits:
a) housing cost differential
b) increased mortgage interest
c) closing costs on new home
Replacement Housing Benefits for Tenants: Two possible benefits:
a) rental assistance
b) downpayment assistance
(These benefits are explained in the consultant's letter.)
Evergreen has estimated that the total relocation costs for the 12 parcels in the project area could range
from $260,000 to $300,000. The wide range of estimated costs is due to a number of variables,
including the extended time period for the acquisitions, the purchase prices of the homes to be acquired,
and the uncertainty of future comparable housing prices.
These estimated costs are very similar to what was projected in the NAC report. Northwest Associated
Consultants estimated a total project cost for the acquisition, relocation, demolition, subdivision and
public improvements of $1,327,250 (excluding the Alanon site). Of this estimate, $250,000 was
projected for relocation expenses.
Staff requests that the EDA provide direction on how they want staff to proceed with this project.
STEVEN A. SONDRALL
MICHAEL R. I. AFLEUR
MARTIN P. MALECHA
WILLIAM C. STRAIT
CORRICK & SONDRALL, P.A.
ATTORNEYS AT LAW
Edinburgh Executive Office Plaza
8525 Edinbrook Crossing
Suite #203
Brooklyn Park, Minnesota 55443
TELEPHONE (612) 425-5671
FAX (612) 425-5~6'7
SHARON D. OEREY
August 9, 1995
Mr. Kirk McDonald
Management Assistant
City of New Hope
4401Xylon Avenue North
New Hope, MN 55428
RE:
Bass Lake Road Extension Property Acquisition/Relocation
Assistance Requirement
Our File No: 99.29431
Dear Kirk:
yBasically, Minn. Stat. §§117.50 through 117.521 are controlling.
These sections require a condemning authority to pay relocation
assistance to displaced property owners and tenants regardless of
the fact the acquisition is by negotiation and not condemnation.
Specifically, ~117.50(4)(b) defines acquisition to include
acquisition by negotiation. Minn. Stat. §117.52(1) states that all
acquisitions by condemning authorities are subject to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act.
Minn. Stat. §117.521 does indicate relocation benefits can be
waived in certain situations, however subd. 3 of this section holds
the waivers are not applicable to acquisitions in development
districts authorized under Minn. Stat. Chap. 462. Basically, our
proposed acquisitions in the Bass Lake Road Extension Development
Area are authorized by Minn. 8tat. Chap. 462 and as a result, by
law, we cannot enforce nor should we attempt to request relocation
benefit waivers.
This letter is in follow up to our recent meeting with the
Relocation Specialist regarding our obligation to provide
relocation assistance to the property owners and tenants in the
Bass Lake Extension Development Area. Basically, the City Council
has asked the question why we are obligated to 'pay relocation
assistance when the property owners are requesting the City by
direct negotiation to acquire their property without the use of our
eminent domain power?
Mr, Kirk McDonald
August 9, 1995
Page 2
Also, our current objective is to acquire these properties with tax
increment financing dollars. However, it is possible that CDBG
funds may be used in the future for property acquisition. As you
know, CDBG funds are federal dollars administered by Hennepin
County. Any use of CDBG funds or other federal dollars would
subject us to the use of the Uniform Act regardless.
§24.101 of the Uniform Act does indicate voluntary transactions are
exempt from payment of relocation benefits if certain conditions
are met. Those conditions are as follows:
The development area subject to acquisition must not be
site specific.
The acquired property cannot be part of an intended,
planned or designated project area where all or
substantially all of the property within the area will be
acquired within specific time limits.
The agency will not acquire the property in the event
negotiations fail to result in an amicable agreement.
The agency will inform the owner of what it believes to
be the fair market value of the property.
Unfortunately, our program for the Bass Lake Area does not meet all
of these conditions. The area is site specific limited to 12
properties designated on our plan. Also, the properties we intend
to acquire are part of an intended, planned and designated project
area. Nor can we rule out our intent to acquire properties by
condemnation especially in the later stages of the assemblage
process when one or two "holdouts" could be preventing us from
acquiring the properties necessary for plan implementation.
Basically, this voluntary transaction language under the Uniform
Act exempts Proper-,~y acquisition on a "scattered site" basis which
is not the case for-the Bass Lake Extension Development Area.
I have also con~[ted with relocation experts with Hennepin County
that dea'T wi.th t~'~is issue on a daily basis. The County has
confirmed my suspicion that has now evolved into my opinion that
our acquisition process is subject to the federal Uniform
Relocation Assistance Act.
Mr. Kirk McDonald
August 9, 1995
Page 3
Please contact me if you have any questions regarding the
applicability of this Act and our requirement to pay relocation
benefits to the people whose property are being acquired.
Very trp_]y yours,
ORIGINAL SIGNED
BY STEVEN A, SONDRALL
Steven A. Sondrall
slw3
Enclosures
CC"
Daniel d. Donahue, City Manager (w~~
Valerie Leone, City Clerk (w/enc)~m~ THIS COPY
A (10-1--94
~tive Order
ordination of Fair
,rograms.
:t~ve Order
tons and interference
nally Protected
:
ordkeepkng and report~-
The Agency shall main-
ja~t~ records of lt~ acquisition ';
~cement activities m ~uffl, ~
fl to demon~tra~ comPH~ce
~t. ~ese recor~ ~h~l be"
:'or at le~t 3 ye~ after e~h
a pro~rtY ~nd each ~on
from the pro~rty receives
payment to which he or ~he Is
~nder tM~ ~t. or m accord- '-
~ t~e a~plic~ble regulations of ,,
.ral funding ~encY. whichever · .
nfid~ali~~ of record. Recor~
ned bY an Agency in accord-
th thi~ p~t ~e confidential re- '
their ~e ~ public
.nle~a applic~ble law provides
~ortx. ~e Agency ~hall ~u~
t of ~t~ real pro~rtY
.placement activitie~ under t~s
factored bY the Federal agency
- the ~rolect. A report will
ired more frequently than eve~
: ~, or ~ the Uniform ACt pro-
miens the Federal funding agen-
ts good cause. ~e report ~1
;. ~ared and submitted ~n the for-
~. nt~med m appendix B of t~S
~ AP~~-
al. ~e Agency shall promP~
j m~ .... als tn accordance ~
-,1 ew ~w~.~ ~r ~nulicable law
~ uiremen~ ~
'1' -t. 'e appealed.
--~ · eve~ ~,~ .
~[ ~ ..... A~encY m any
~ :~ :~ P~ ...... ~rty consider
~ ...... for
] igibilitY tor..u~ ~,~, ~o4 1~ or
or a relo
under ~hii ~. ~e Agency
Otflce ol tt~e 5ec. reto~' o~
all co~lder a written aP~M regard'
- t a re~Onable t~
lt~fOr~ I uo~ be le~ ~"~' n
?'~ .~r the ~~v' de~rmlna'
~otiflca~v" -
tion on the ~on's
to r~es~tatwn. A
La) ~ ~" ~r~t a ~on
al ~e Agency s~all maC.als ~rtl-
pe .. -~- ~d copy ~1
nem~ to his or her aP~~' except
5~s which ~e cf~ifled ~ conflden-
ti~ bY the AgencY- ~e Agency maY,
however, imasa repOrtable
on the ~on's ~ght to insect, con-
sis~nt with applicable ~aws.
(~ ScoPe o/ re~ o[ ~eaL In decid-
ing ~ ~P~al' the Agency ~hall con-
s~der all ~rt~nent justification
ot~er ~ate~al submitted ~y t~e
SOB. ~d &Il other ~v~ilabke info~-
tio~ that ts needed to ensure a f~ir ~d
[u~l review of the apPal-
ls) De~mauon and noa[ica~wn
a~eal. PromPtlY after receipt of all
~ for~tlon suOm~tted bY a ~on in
sup~rt of an ap~. the Agency
make a wmt~n determination on the
ap~' including an ex9[~nati°n of the
b~la on w~lch the decision w~ m~de.
and fu~lSh the ~rson · coPY. [f the
full rekte[ requested ~5 not gr~nted, the
'{ Agency shall advise the ~on of h~s or
her right %o seek judicial rev%aw.
(h) AO~ offi~al to r~z~ appeal.
~e Agency official condUCting ~he re-
view of ~he ~P~al shal~ be et~her
he~ of ~he ~gencY or his or her
~ ~ho~zed dest~ee- However. ~he official
~ shM1 no~ h~ve been direc~W mvo~ved
~ ~he ~c~ion ~p~aled.
Sub~fl B--R~I p~ope~
AcQuisition
q~en~-
(a) O~al. ~e requirements of this
aub~rt apPlY to any acquisition of
Federal pro~
pro~rtY for a progr~S and pro~ec~
pro~ect, and to
§2~.101
ance in any part of prolect costS except
for:
{1) VolUntarY transactions that meet
all of the following conditions:
site or prol~rty needs
(t) No specific although the Agency
to be acquired,
rn~Y limit its search for al~tive
st~s to a general ge°~apMc ~a-
~ere ~ Agency wishes to p~ch~
more than one Mte within a geo~aP~c
~ea on this b~iS. all owne~ ~e to be
treated stmll~lY.
(ii) ~e pro~rty to be acquired Is not
p~t of ~ intended, planned, or des-
l~ated pro~ect ~ea where all or
stznti~lY all of the pro~rtY witch
the ~e~ ~s to be acquired witch s~
ctflc time li~ts- ~q~re the
(iii) ~e AgenCY will not
pro~rtY tn the event negotiatio~
to result in an ~[~ble ~eement.
~d the owner is so info.ed in ~
tng.
(iv) ~e ~gencY will tnfo~ the
owner of w~t it believes to be the
m~Eet value of the pro~rtY- or
(2) Acqu~sitio~ for pro~S
pro]ec~ undertaken by ~n AgenCY
~on %~ receives Feder~
~is~ce b~t does not h~ve
by e~nent do-
to ack,re pro~rtY AgenCY or
main. provlded that such
~mon s~l: offer for the
(l) ~or to ma~ing an
c~e~Y ~v~se the owner that
pro~rtY, acqmre the pro~rty
it is unable to
the event negotiations fail to result
~reement: and
an ~xcable of what it be-
db [n[o~ th~ owner
l~eves to be fax~ m~get value of the
pro~Y- ac~Uisition of real pro~rtY
(~) The ~tate. or state
from a Federal agencY.
~encY. if the Agency desxmng to ma~e
the p~ch~e does not have autho~tY
to acquire the pro~rtY through con-
detonation.
(4) ~e acquisition of real pro~rtY
by a coo~rative from a ~rson who.
a condition of membership in the coo~
erative, h~ ~reed to provide without
ch~e any real property that is needed
coo~rative- or
bythe . - ~or a pro~
5 c ~i~itlon ~
( ) A ~:~ is under,ken bY.
project wmu-- -
Federal financial ~istance
Autho~tY
ceives the Tenne~ee Valley
from.
or the ~al Electrification
tratio~-
where there is Federal financial ~ssist~
D ERGREEN LAND SERV1CES CO,
6200 SHINGLE CREEK ~RKWAY SUITE 415 · BROOKLYN CENTER MN 55430
PN 6 ', 2-566- ~ 036 · F'A:x 6':2-566-68'~ '~
August 7, 1995
Ms. Sarah Bellefuil, Administrative Analyst
Mr. Kirk McDonald, Management Assistant
City of New Hope
4401 Xylon Avenue N.
New Hope, MN 55428
SUBJECT: Budgetary Estimate of Relocation Costs
Bass Lake Road Redevelopment Project, #541
Dear Ms. BeHefuil and Mr. McDonald:
At your request, we have prepared an estimate of possible relocation costs for the twelve
single family home parcels located in the above-referenced project area. This 'cost
estimate is based on information obtained fi.om the City/County Assessor's files for the
project properties, the Assessor's estimated market values for the properties, and data on
currently available housing researched and identified through the Minneapolis Area
Realtors Multiple Listing Service. This cost estimate considers the types of relocation
assistance benefits which the project area occupants may be entitled to receive under the
Uniform Relocation Act regulations, which have been adopted by Minnesota Statute for
public agency acquisition projects. A brief, very general, description of these benefits is as
follows:
Moving Expeme~. All residents (households) are entitled to this benefit if they
have personal property to be moved from the project home. This benefit is either:
1) reimburse/nent for actual, documented, reasonable and necessary costs of
packing, moving, unpacking and reconnecting personal property transferred fi.om
the project home to the replacement home, or 2) a fixed payment based upon the
number of furnished 'rooms" in the project home and the amount of personal
property to be moved. The fixed payment is determined by applying a payment
schedule issued by the Federal Highway Administration.
Replacement Homing Costs for · Homeowner-Occupant. This includes
payment of three possible benefits: 1) housing cost differential, 2) increased
mortgage interest, and 3) incidental (closing) expenses on a replacement home.
City of New Hope
Page 2
August 7, 1995
The maximum housing cost differential is determined by identifying the price of
"comparable" replacement housing available at the time negotiations are initiated
to purchase the project home. The actual cost differential is calculated based on
the acquisition price of the project home versus the lesser of the actual
replacement home price or the "comparable" home price.
The increased mortgage interest benefit applies only if there is a bona-fide
mortgage on the project home and the homeowner obtains a mortgage on the
chosen replacement home which has an interest rate higher than the rate oftbe
project mortgage (based on the mortgage market at the time of negotiations). The
payment is computed based on the unpaid balance of the project mortgage and its
remaining term or the new mortgage balance and term, whichever is less. Points
required to be paid by the borrower/buyer are also compensable under this
benefit, but are limited to the cost of points based on the project mortgage
balance.
The incidental expenses benefit relates to certain closing costs which an owner-
occupant incurs in purchasing a replacement home. Examples of eligible
incidental costs appraisal fees on the replacement home, credit report 'fees
required by a lender, recording fees, title examination fees, and the costs of title
insurance on the replacement home (limited to the amount which would be
charged for the "comparable" home).
Replacement Housing Benefits for Tenants. These benefits involve either: 1)
rental assistance if the tenant rents a replacement dwelling, or 2) downpayment
assistance if the tenant purchases a replacement home. Again, the costs of
"comparable" rental housing, available at the time negotiations are initiated, are
identified and used to determine maximum benefits. In computing the amount of
actual, eligible rental assistance benefits, the tenant's gross household income is
considered along with the actual rent paid for the project and replacement homes.
If the tenant' chooses to purchase a replacement, the downpayment assistance is
the amount which the tenam would receive if the "comparable" dwelling had been
rented.
Based on the above, then, we estimate that total relocation costs for the twelve parcels in
this project area could range from $260,000 to $300,000. This is a somewhat wide range
of estimated costs. However, the many variables such as the extended time period for
the acquisitions, the future values/purchase prices of the homes to be acquired, and the
uncertainty of future comparable housing prices make this wide range necessary.
City of New Hope
Page 3
August 7, 1995
I am enclosing a Flow Chart entitled "Typical Relocation Process Under the Uniform
Relocation Act" for your information. I hope that this budgetary estimate is helpful to you
and to the City Council. Please don't hesitate to call if you have any questions or if I can
be further assistance.
Sincerely,
Director of Relocation
Evergreen Land Services Company
cc with enclosures: Steven A. Sondrall,
New Hope City Attorney
Typical Relocation Process., Under the Uniform Relocation Act*
PLAN PROJECT
® SET CLEAR GOALS.
· ESTIMATE RELOCATION
NEEDS. SUCH AS
HOUSING {CONDUCT
DOOR-TO.DOOR SURVEY.
IF FEASIBLEI.
· ESTIMATE COSTS AND
STAFFING NEEDS.
· HOLD PUBLIC HEARINGS.
· DECIDE PLAN OF ACTION.
(SEE § 24.205{c1!
PROJECT APPROVED
· ESTABLISH
ORGANIZATION.
HIRE AND TRAIN STAFF.
ESTABLISH MANAGEMENT
CONTROL SYSTEM AND
PROCEDURES FOR
COORDINATING
RELOCATION WITH..
DISPLACEMENT CAUSING
ACTIVITY.
ESTABLISH
RECORDKEEPING
PROCEDURES.
PERSON CHOOSES REPLACEMENT
PROPERTY AND MOVES
HOUSEHOLD:
· INSPECT UNIT BEFORE
MOVE TO ENSURE IT IS
DECENT. SAFE. AND
SANITARY. {SEE
§ 24 205 Icl{2){iillBl!
· ISSUE ADVANCE
PAYMENT WHEN NEEDED.
ISEE §24.207{c1!
BUSINESS PERSON:
· UPON NOTIFICATION OF
MOVE. INSPECT
PERSONAL PROPERTY AT
DISPLACEMENT SITE. {SEE
~ 24.3031b113)1
· ISSUE AOVANCE
PAYMENT WHEN NEEDED.
ISEE § 24.2071c1!
· INSPECT PERSONAL
PROPERTY AT
REPLACEMENT SITE TO
ENSURE IT WAS MOVED.
ISEE § 24.303lb!1311
INFORM PERSONS TO
BE DISPLACED
· PROVIDE GENERAL
WRITTEN INFORMATION
DESCRIBING PAYMENTS,
SERVICES AND
PROTECTIONS. (SEE
124.203lall
· PROVIDE OFFICIAL NOTICE
OF RELOCATION
ELIGIBILITY. IDENTIFY
COST AND LOCATION OF
COMPARABLE
REPLACEMENT HOUSING.
(SEE 124.2031bl)
PROCESS CLAIMS AND
MAKE PAYMENTS
· ASSIST PERSON IN
PREPARING AND FILING
CLAIMISI. ISEE
~24.2071al)
· REVIEW CLAIMS AND
PROMPTLY ISSUE
PAYMENTS. (SEE
~24.207(b)1
· DEAL WITH COMPLAINTS
QUICKLY AND EQUITABLY.
ASSIST IN PREPARATION
OF APPEAL. AS
APPROPRIATE. ISEE
INTERVIEW PERSON TO
BE DISPLACED
· DETERMINE IOR UPDATEI
INDIVIDUAL NEEDS AND
PREFERENCES. COMI~LETE
SITE OCCUPANT RECORD.
ISEE §24.205(c)(2)1i))
· EXPLAIN AVAILABLE
PAYMENTS AND
SERVICES, PERSON'S
RIGHT TO COMPARABLE
REPLACEMENT HOUSING
BEFORE DISPLACEMENT.
AND RELOCATION
PROCEDURES. (SEE
~24.2051c)(2)Ii) AND (Jill
· ENCOURAGE PERSON NOT
TO MOVE PREMATURELY.
· EXPLAIN RENTAL POUCIES
FOR SHORT TERM
OCCUPANCY AFTER
ACOUISITION. (SEE
o
FOLLOW-UP
· EVALUATE PI~OGRAM
SUCCESS IINCLUDE
FOLLOW-UP CONTACTS
WITH PERSONS
DISPLACED).
· IMPROVE PROCEDURES
FOR FUTURE.
· MAINTAIN RECORDS TO
DEMONSTRATE
COMPLIANCE WITH LAW
AND REGULATIONS. (SEE
124.9Ial)
WORK WITH PERSON
TO BE DISPLACED
HOUSEHOLD:
· MAKE REFERRALS TO
REPLACEMENT HOUSING
UNITS. IF FEASIBLE.
INSPECT UNITS BEFORE
REFERRAL. ISEE
! 24.205lc!12)lii)(BI).
ENSURE PERSON
IS AWARE OF
MAXIMUM REPLACEMENT
HOUSING PAYMENT AND
BASIS FOR DETERMINING
PAYMENT. ISEE
124.205lc)12)1ii)1A!!
· COUNSEL PERSON AND
MAKE APPROPRIATE
REFERRALS TO SOCIAL
SERVICE AGENCIES. ISEE
~ 24.2051c112)11vll
· ISSUE 90.DAY NOTICE. IF
NECESSARY. ISEE
! 24.203!c)1
BUSINESS PERSON:
· MAKE REFERRALS TO
.REPLACEMENT BUSINESS
'LOCATIONS. ISEE
! 24.2051c)12)1iii))
· PROVIDE INFORMATION.
GUIDANCE AND
TECHNICAL AID. ISEE
~ 24.205lc)(2)1iv) AND !vii
· INFORM PERSON TO
PROVIDE ADVANCE
NOTICE OF MOVE TO
AGENCY. {SEE
§24.3031b1(21!
· ISSUE 90-DAY NOTICE. IF
NECESSARY. (SEE
~ 24.2031c)1
'UNIFORM RELOCATION ACT REGULATIONS 149 CFR PART 24I
EFFECTIVE 412189
U R 8 P L A N G . DE S I G N
Consultants, Inc
MARKET RESEARCH
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
Dan Donahue/Kirk McDonald
Richard McLaughlin/Alan Brixius
5 May 1995
New Hope - Bass Lake Road Redevelopment Project
131.00 - 95.03
BACKGROUND
The City of New Hope has established a Neighborhood Redevelopment Project Area at the comer
of Bass l-~ke Road and Sumter Avenue North. The project's purpose is to replace deteriorating
housing stock and to replat over-sized and under-u~ lots. The intended result of this project
is to improve the local neighborhood character, provide market rate housing in the project area,
and add value to the surrounding neighborhood.
Attached for reference:
Exhibit A - Project Location
Exhibit B - Study Area/~j~t Boundaries
Exhibit C - Existing Topography
Exhibit D - Prol~. rty Identification Map
Exhibit E - Property Profile Listing
Exhibit F - Project Issues Map
Exhibit G - Scheme l-A: 5ingle Family - 13 Lots
Exhibit H - Scheme l-B: Single Family - 14 Lots
Exhibit I - Scheme 1: Affected Lots
Exhibit
Exhibit
Exhibit
Exhibit
J' - Scheme 2-A: Single Family - 15 Lots
K - Scheme 2-B: Single Family - 18 Lots
L - Scheme 2: Affected Lots
M - Scheme 3-A: Townhouse - 14 Lots/Single Family - 6 Lots
5775 Wayzata Blvd.. Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837
Exhibit N - Scheme 3-B: Townhouse - 19 Lots/Single Family - 6 Lots
Exhibit O - Scheme 3: Affected Lots
Exhibit P - Scheme 4-A: Townhouse - 24 Lots
Exhibit Q - Scheme 4-B: Townhouse - 29 Lots
Exhibit R - Scheme 4: Affected Lots
SITE CONTEXT
A fundamental issue with regard to this redevelopment project is to improve the land and building
utilization of this critical gateway into New Hope from the east (Exhibit A). The City has
prepared a report which identifies the properties in the redevelopment project study area under
consideration for acquisition, demolition and redevelopment. In review of this report, it becomes
highly evident that there axe several land use, zoning and/or building concerns associated with the
existing condition of these properdes. Redevelopment of individual properties to correct land use,
zoning and/or building deficiencies would be extensive and would not resolve inherent problems
with this area's growth. Particularly evident is that existing lot configurations of the identified
properties axe not conducive to efficient infrastructure access. (The City's property status report
is referenced as an addendum to this report.)
The Project Boundaries and Study Area Map (Exhibit B) describe the existing property locations
and configurations being examined. The study area is defined by the frame, and the project
boundaries are defined by the outline, enclosing the lots under consideration for acquisition and
redevelopment. On the Exiting Topography Map (Exhibit C), the lots under consideration are
removed to reveal the underlying elevations. Generally, there is a gradual stepped slope to the
southeastern comer of the site, indicating its natural drainage pattern.
Individual properties are identified on the Property Identification Map (Exhibit D), and referenced
to the Property Profile Listing (F. xlfibit 1~-').
Reviewing the prof'fles of the eleven (11) principal properties under consideration, it becomes
evident that these properties provide an opportunity for local area redevelopment.
ISSUES IDENIlFICATION
The Project Issues Map (Exhibit F) locates particular areas of consideration in the design
development of the project area redevelopment. Of signifi~t importance are listed in sequence
of their importance.
2
Housing Condition. As described by the City's status report concerning the eleven
properties, the condition of this housing stock is marginal. Most properties P have
significant code violations inherent to their age as well as their level of maintenance and
upgrades.
Lot Configuration, The lot configuration of all properties does not provide for an
efficient use of the land. A recomfiguration of the lot structure to increase the efficiency
of municipal service delivery, automobile access, and land use appropriate to the traffic
characteristics of adjacent roadways would create lots having greater value to individual
property owners, as well as to the City.
Bass Lake Road. Bass Lake Road is a minor arterial connecting several northwest
suburban communities of the Twin Cities Metropolitan Area. As a function of its roadway
classification, Bass Lake Road is more of a commercial corridor, and less desirable as a
single family residential address. As traffic intensifies and volumes increase, the impact
on the redevelopment site will become more significant. The building types and buffering
between the roadway and the existing neighborhood southward must be such that the land
values in this transition zone are retained.
Local Commercial Land Uses. Directly north of the project area, across Bass Lake
Road, are two business establishments. To the west of Sumter Avenue, behind the two
residential lots closer to Bass Lake Road, is an under-sized commercial lot. These
commercial properties raise compatibility issues with residential character of the project'
area and must be addressed in the redevelopment concepts. The traffic~intensifies along
Bass T ~ke Road are reflective of this type of commercial activity. As a component of the
redevelopment plans, the aca:lU~fion of the two residential lots west of Sumter is proposed.
This would expand the commercial acreage at this location.
Sumter Avenue/Bass Lake Road Intersection. This local intersection is jogged
approximately 40 feet to the east at the Bass Lake Road intersection, resulting in an
efficient and unsafe intersect/on design. In order to create an intersection which handles
vehicular uaffic and pedestrian crossings more efficiently and safely, the realignment of
Sumter Avenue to the west is being considered in conjunction with the property
redevelopment planning.
Alanon. The building which houses the Alanon services is a non-conforming use in a
residential neighborhood. The facility has inadequate parking, is in marginal condition,
and impacts the local neighborhood with occasional noise, traffic, and trash problems.
The potential impact of ~ property and its specific use on the existing neighborhood, as
well as new development, may adversely affect property values.
3
St. Raphael's Church. The church has a large congregation and is a large semi-public
land use in the area. A large open space behind the building appears contiguous to Elm
Grove Park.
o
Elm Grove Park. The significance of this neighborhood park and the open spaces behind
St. Raphael's as open space recreation areas, especially for children, cannot be ignored.
Elm Grove Park in particular is a community amenity and its connections to neighborhoods
adjacent to the project area are critical. As a City sponsored redevelopment project, this
site should ensure physical connections are esuablished such that the park is safe and
convenient to use, and visually monitored by neighborhood residents.
Taking into account these site specific issues, the fundamental planning issue is to coordinate a
redevelopment strategy which utiliTes the defined project site aa a catalyst for increased investment
and redevelopment throughout the local area. The principal function of a redevelopment program
is to not only increase the value of the project area itself, but also surrounding properties such that
the entire area becomes a functioning, valuable urban component of the City.
CONCEPT DEVELOPMlr~NT
Several concepts or design schemes were developed aa a response to the issues identified and based
on the following design parameters outlined by staff. Review of these schemes with regard to
generali:,ed planning motivations and construction feasibility isolated four which deserve further
analysis.
However, each scenario responds to the issues with common features. These design elements are
listed as follows:
Establish a compatible land use relationship with existing residential neighborhood.
Promote residential development at value equal or greater than existing housing stock in
the area.
Promote a variety of housing types and styles that provide for owner occupancy.
A seven foot dedication to the Bass lake Road right-of-way to provide opportunities for
future roadway exinmsion, and pedestrian sidewalk construction between the roadway and
the residential lots being developed.
A realignment of Sumter-Avenue to provide a direct crossing of Bass Lake Road.
Visual screening of the Alanon property from new residential lots using landscaping and/or
fencing techniques.
4
Visual screening of the St. Raphael's Church and parking lot from new residential lots
using landscaping and/or fencing techniques.
With the exception of Scheme 2, visual screening of Bass Lake Road from new residential
lots using berming, dense landscaping and/or fencing techniques.
9. With the exception of Scheme 2, vehicular access from Bass Lake Road is discouraged.
10. The southern portion of lot 5 is dedicated for purchase by Lots #7608 and #7616
11.
The two lots on the western side of Sumter Avenue, ~537 and #5559, would be dedicated
for commercial land use and would be rezoned accordingly.
The following descriptions identify the unique characteristics of each design scenario:
Scheme l-A: Single Family - 13 Lots (Exhibit G)
The principal advantage of this scenario is that it reorients lots away from Bass Lake Road,
provides buffer space, and preserves the existing single family residential character of the area.
The scenario creates a single family home neighborhood around a cul-de-sac buffered from Bass
Lake Road. The neighborhood is linked with Elm Grove Park and recognizes the surface drainage
characteristics of the area's topography. The scenario would, however, require additional land
acquisition from lot//5520 to achieve the diagramed lot configuration.
An additional four lots would be gained using this scenario, above the nine lots being replaced on
this block.
Scheme l-B: Single Fomily - 14 Lots (Exhibit H)
This scenario straightens the street and includes the Alanon site (//7615) in the development
proposal. The inclusion of the Alanon site only contributes 1 additional lot over Scheme 1-A.
An additional five lots would be gained using this scenario, above the nine lots being replaced on
this block.
Scheme 2-A: Single Family - 1S Lots (Exhibit I)
This scenario offers a higher density alternative in which the lot, street, and block characteristics
are more consistent with the plat of surrounding neighborhoods. A principal disadvantage is that
at least five lots would have access only from Bass Lake Road, unless the driveway for the comer
lot is oriented towant Sumter Avenue. Lot sizes would be significantly smaller than those of the
established neighborhood to the south. Also, a public pathway connection between the new
development is not indicated, although the potential to dedicate a pedestrian walkway between the
two southeastern lots is available. The residual right-of-way dedication off of Bass Lake Road
5
extension would be sold to either the Alanon facility and/or St. Raphael's Church, to
accommodate additional parking. Additional property would be acquired from Lots #7616 and
#7624.
An additional six lots would be gained using this scenario, above the nine lots being replaced on
this block.
Scheme 2-A and B are not preferred from a land use perspective in that lot frontage, building
orientation and direct access to Bass lake Rod present land use compatibility concerns.
Scheme 2-B: Single Family - 15 Lots (Exhibit K)
This scenario includes the Alanon site in the development proposal. The Alanon site would
produce three additional lots over Scheme 2-A. An additional nine lots would be gained using this
scenario, above the nine lots being replaced on this block.
Scheme 3-A: Townhouse - 14 Lots/Single Family - 6 Lots (Exhibit K)
This scenario establishes a land use transition between Bass Lake Road traffic intensity and the
single family house neighborhood to the south by including both townhouse and smaller lot single
family homes which back up to similar single family house lots.
An additional nine lots would be gained using this scenario, above the nine lots being replaced on
this block.
Scheme 3-B: Townhouse 19 Lots/Single Family - 6 Lots (ExhibR L)
This scenario includes the Alanon site in the development proposal. The Alanon site would
produce an additional five lots over Scheme 3.A. An additional 11 lots would be gained using
this scenario, above the nine lots being replaced on this block.
Scheme 4-A: Townhouse - 24 Lots (Exhibit M)
Development exclusively with townhouse unit types would maximize the site's density potential,.
and therefore return on redevelopment investment. The higher density residential building type
also provides a logical land use transition between the existing single family house neighborhood
to the south and traffic intensity of Bass Lake Road to the north. A 20 foot wide landscape
buffering provides a transition zone between the townhouse neighborhood and the single family
house lots to the south. This scenario would be best developed as a planned unit development.
An additional thirteen lots would be gained using the scenario, above the nine lots being replaced
on this block.
6
Scheme 4-B: Townhouse - 29 LotS (Exhibit Q)
Tiffs scenario includes the Alanon site in the development proposal. An additional 20 lots would
be gained using this scenario, above the nine lots being replaced on this block.
The four schemes described provide a range of alternatives by which the redevelopment project
may be pursued. Each have inherent advantages and disadvantages in addressing the issues
described previously. Determining the relative costs and return on investment for each of these
scenarios is the next step in this analysis. Results of those cost comparisons should be taken into
consideration along with local market preferences as well as the long term impact of each scenario
on neighboring properties.
PROJECT COSTS
The following preliminary expense estimates can be expected as a result of the redevelopment of
the project site. There were no appraisals done for the existing properties. Therefore, the
acquisition, relocation, demolition, and public improvement costs are based on amounts provided
by City staff and its consultants.
Acquisition. The following represents the 1994 assessed land and building value of all
I 1 properties (see Exhibit L:), plus 10% in order to be generally consistent with the market
values associated with the Multiple Listing Service (MLS). At the time of acquisition, the
City should conduct an appraisal of the property according to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) to determine
more accurately the reimbursable value of each property.
Assessed Value (11 properties)
I0 Percent (Market Value)
$715,6o0
71,560
$787,160
~e Uniform Act is the principal guid~ in determining the appropriate
'~--l'tt~6~~. U~ing th~ guidelines of the Uniform Act and with assistance from
Wilson Development Services, our determination of replacement housing payments were
based on three fundamental elements:
Differential between acquired and comparable housing.
Incidental closing costs.
Increased interest rate reimbursement.
7
The differential amount is the largest factor. It is a function of what is available in the real
estate market at the time of displacement. The more time the City has to f'md a unit, the
better its chances of not having to use an overpriced comparable.
The displacing agency must find a comparable replacement unit before it can give the
occupant a 90 day notice to vacate. The comparable must be available to the displacee and
be functionally equivalent. That means approximately the same size, number of rooms,
bedrooms and bathrooms, etc.
Closing costs include mortgage origination fees, credit report, title opinion, recording fees,
etc., typically run $2,500 - $3,000 per property. Increased mortgage interest rate
assistance is to compensate the displacee in the event the mortgage interest rate is greater
at the new house. This is typically a nominal amount in this period of reasonable interest
rates.
In cooperation with Wilson Development Services, a survey of the immediate
neighborhood was conducted. Two or three houses were found that had signs in front but
were not yet on IVIL$. One was priced at $79,900 and one at $77,850. This demonstrates
any property under $90,000 moves very quickly and the agents are not rushing to get those
listings into IVILS. There seems to be many houses that would list for under $90,000 in
the area, however, they do not remover very quickly. March, April and May usually .'
generate a number of listings since many people try to coordinate moving with school'.
schedules. It would not be wise to anticipate that many more homes will be coming on
the market, especially if interest rates stay steady, they usually do in. the spring and
summer.
The MIS shows the following number of comparable properties for sale as of this date in
the New Hope Area:
~ Nh_ l:;or
$60,000-70,000 1
$70,000-80,000 1
$80,000-90,000 3
$90,000-100,000 13
In today's market, total housing replacement values may be anticipated at between $15,000
and $25,000, assuming appraisals would correspond to the valuations described to us by
the City. This range may seem high, but the limited number of available homes would
drive the costs higher than ordinarily anticipated. For our purposes, the cost of
comparable housing has been designated as $90,000, the price range most functionally
equivalent to the housing being replaced.
8
To determine the cost of acquisition for our calculations, an average assessed value of all
eleven lots was used, plus ten percent to achieve market value. Two of these lots are
currently for sale. Therefore, the voluntary acquisition may allow waiver of relocation
benefits, and a reduction in these costs to the City. A long term property acquisition
schedule that would accommodate voluntary land sales represents friendlier implementation
strategy that could produce relocation cost savings. However, for the purposes of this
evaluation, the average market value of all eleven properties were considered.
Typical Replacement Housing
Cost of Comparable Housing
Cost of Acquisition
Differential Payment
Incidental Costs
Mortgage Interest Rate Adjustment
Estimated Moving Costs
Total Replacement Cost
$90,000
- 71,500
18,500
+ 3,000
+ 1,200
$22,700*
Relocation Cost Estimate
Replacement Housing
$22,700
X 11
Total $249,700
* This figure represents a conservative estimate of rephcement costs. If the City phases
acquisition over'time to accommodate more voluntary sales, or can f'md less expensive
comparable housing at the time of acquisition, some relocation savings may be realized.
9
Co
Demolition. The following estimations were provided by the City Engineer. These
figures include a 10 percent contingency fee and 25 % for indirect costs and services
associated with the project's implementation.
Detached Garage/Outbuilding; 6 units @ $1,500/unit
Single Family Housing (no garage); 6 units @ $3,000/unit
Single Family with Garage; 5 units @ $4,500/unit
$9,000
18,000
22,500
Sub-Total $49,500
10 % Contingency 4,950
25 % Indirect 12,375
Do
TOTAL $66,825
Subdivision. The following is a rough estimation of the necessary survey and replatting
costs associated with preparing the new lots for sale:
Subdivision $5,000
Public Improvements. The following estimations were provided by the City Engineer.
They reflect a 10 percent contingency and 25 percent indirect cost and service fee
associated with the project's implementation.
These values vary slightly based on individual design scenarios, and will be reflected in
the cost estimations of each scenario in sung sections. A minimum of 425 linear feet
of roadway and public utility installation, described by Scenario 1, Was used as the base
value for extensions of public utilities in other scenarios:
Storm Sewer
Street/Grading
Sanitary Sewer
Water Main
Services .
Realign Sumter
Sub-Total
10% Contingency
25 % Indirect
$ 23,540
63,950
21,960
19,350
13,400
19,700
$161,900
16,190
40,475
TOTAL
$ 218,565
10
Fo
Total Project Costs without Alanon Site
The following represents the total base cost of the project. In the following cost analysis
by development scheme, this base cost has been adjusted to reflect various land use designs
and densities.
Land Acquisition
emolition
Subdivision
Public Improvements
TOTAL
Alanon Site
$ 787,160
5,000
218,565
$1,327,250
For purposes of comparison, a site preparation cost estimate for the Alanon site is given
below:
Acquisition
Assessed Value
10 Percent (Market Value)
Relocation
Replacement Cost
Moving Expenses
$ 215,700
21',570
$ 237,270
$ 11,000
1,000
$ 12,000
Demolition
$ 6,000
Total - Alanon Site Preparation
$ 255,270
Total Project Costs with Alanon Site
$1,582,520
11
. , " REQUF~T FOR ACTIO~A
Originating Department
City Manager
Sarah Bellefuil
Administrative Analyst
Approved for Agenda. Agenda Section
EDA
8-14-95
Item No:
By: 7
PUBLIC HEARING - RESOLUTION AUTHORIZING AND APPROVING SALE OF 7901 51ST
AVENUE NORTH TO CAREY A. LUCKEROTH (IMPROVEMENT PROJECT NO. 505)
At the July 24th Economic Development Authority meeting, the EDA authorized publication of notice
and the holding of a public hearing at the August 14th EDA meeting regarding the sale of one side of
the twin home located at 7901 51st Avenue North. This is a public hearing to authorize and approve
the sale.
Lots 1 and 2, Block 1, Marky Addition, were purchased' by the EDA in February, 1994. Subsequent
to the purchase of the property, the existing structure was razed and an accessible twin home has been
built on the site. A purchase agreement was signed by Jeff Bangsberg for the westerly unit located at
7909 51st Avenue in March of this year. A purchase agreement has now also been signed by Carey
A. Luckeroth for the 7901 51st Avenue unit and is contingent upon approval by the EDA. The buyer
is in the process of qualifying for a Minnesota Housing Finance Agency (MHFA) Community Activity
Set-Aside (CASA) first-time home buyer mortgage, as well as it second mortgage in the amount of
$15,000 using CHDO Home Investment Parmership funds. If {~arey does not qualify for a MI-IFA
mortgage the purchase agreement shall be null and void. The purchase agreement states that the City
will sell the home to Carey Luckeroth for $85,000.
Staff recommends approval of the resolution by the EDA Authorizing and Approving the Sale of 7901
51st Avenue North to Carey A. Luckeroth (Improvement Project//505).
MOTION BY
TO:
Review: Administration: Finance:
RFA-O01
EDA RESOLUTION 95- 15
RESOLUTION AUTHORIZING AND APPROVING
SALE OF 7901 51ST AVENUE NORTH
TO CAREY A. LUCKEROTH
WHEREAS, the Economic Development Authority in and for .the
City of New Hope (the EDA) owns certain real estate known as 7901 -
7909 51st Avenue North, to be legally described as:
Lots 1 and 2, Block 1, Marky Addition, Hennepin County,
Minnesota
(the Property), and
WHEREAS, the Property was purchased by the EDA in February of
1994, and
WHEREAS, at the time of said purchase the Property was
determined by the EDA to be blighted by reason of delapidation,
obsolescence, and faulty arrangement or design, and
WHEREAS, subsequent to purchase of the Property the existing
structure was razed, and the EDA staff has been working with
Hennepin County and Minnesota Housing Finance Agency [o improve the
Property with a handicap assessible twinhome to be sold to persons
of low or moderate income, and
WHEREAS, the EDA has awarded a cont, ract for' construction of
the twinhome on the Property and said':' construction is nearly
complete, and
WHEREAS, the EDA has entered into a Purchase Agreement dated
July 20, 1995 with Carey A. Luckeroth for the purchase of Lot 2,
Block 1, Marky Addition, a copy of which Purchase Agreement is
attached hereto as Exhibit A, and
WHEREAS, ~aid Purchase Agreement is contingent upon approval
of the governing body of the EDA, and
WHEREAS, certain information regarding a well on said Lot 2,
Block 1 has become known subsequent to July 20, 1995, making
necessary the Addendum to Purchase Agreement set forth on Exhibit
B, and
WHEREAS, the EDA has authority to sell the Property under
Minn. Stat. §§469.001, 469.105 and 469.029, and
WHEREAS, on August 3, 1995, notice was published in the New
Hop~-Gblden Valley Sun-Post regarding a public hearing on the sale
of 7901 51st Avenue North, and
WHEREAS, the sale of Lot 2, Block 1, Marky Addition to Carey
A. Luckeroth is in the best interest Of the City of New Hope and
its people and furthers its general plan of economic development.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of New Hope as follows:
That the above recitals are incorporated herein by
reference.
That the sale of Lot 2, Block 1, Marky Addition to Carey
A. Luckeroth in accordance with the terms of the Purchase
Agreement attached hereto as Exhibit A and the Addendum
to Purchase Agreement attached hereto as Exhibit B is
approved.
That the President and Executive Director are authorized
and directed to sign a deed and any other documents, and
to take such other action as needed to-complete the sale
of Lot 2, Block 1, Marky Addition to Carey A. Luckeroth
in accordance with the t~rms of said Purchase Agreement
and Addendum.
Adopted by the Economic Development Authority ih and for the
City of New Hope this 14th day of August , 1995.
Attest:
~i- President
Da~l~iel. J. ~o~ahue, Executive Director
c:\ w pS l\cnh\eda, luc
PROJECT NO. 528
BULLETIN NO. I
PROJECT BULLETIN
1995 BACKYARD DRAINAGE IMPROVEMENT PROJECT
Overview
The City of New Hope is proceeding with the 1995 Backyard Drainage Improvement Project, which
includes seven projects scattered throughout the City. The general location and nature of the
improvements are listed below: ..
1. 5960
2. 4808
3. 8139
4. 4709
5. 4649
6. 8040
7. 4964
Independence Avenue - overland drainage
Decatur Avenue - storm sewer construction
47th Avenue - overland drainage or storm sewer construction
Utah Avenue - storm sewer construction
Rhode Island Avenue - storm sewer construction
60th Avenue - low&r existing catch basin in baclcyard
Xylon Avenue - add catch basin structure in backyard
One of the projects is located on or ~pear your property, per the attached map/plans, and was brought
to the City's attention by you or one of your neighbors and has been selected by the City~ Council as
a priority improvement.
For the past several years, the City has completed 15 other similar projects in cooperation with
residents to improve drainage and to resolve drainage problems. The projects, are funded from the
Storm Water Utility Fund and there is no direct charge or assessment to you for the improvement.
The City does require that residents cooperate by providing the necessary temporary or permanent
easements necessary to complete the work and all of the easements for these projects have been
provided.
Project Schedule
At the July 24th City Council meeting, the Council awarded the contract for the backyard drainage
improvement projects to Suntara Construction, Inc., low bidder, in the amount of $75,518. The
contractor is scheduled to start work on the project on August 21st and should have the work
substantially completed by October 22nd. The project on 47th Avenue will be constructed first due
to the fact that it is near the Cooper High School Street Project area.
Most of these drainage improvement projects will be taking place in areas that are wet or may have
standing water. The City and contractor have noted that irrigation systems exist in some of these
areas. Due to the fact that construction will be starting in all seven project areas within the next two -
six weeks, the City is requesting your cooperation in refraining from lawn watering in these areas so
that the areas have a chance to dry up prior to the start of construction.
Restoration
It is the intent of the contract that each area of the project be restored to a condition equal to which
existed prior to the construction within 10 working days after the storm water improvements are
installed. As stated on the temporary easements, the City will not be responsible f6i' restoring trees,
bushes, etc. that are removed to allow the construction, however the City and contractor will work
with property owners to remove and replace existing fences.
" 8-11-95
Permanent Easements
trpon completion of the project, if final permanent easement documents are required based on the f'mal
construction, the City will prepare, execute and file these documents with the County for permanent
recording.
Utilities
In some project areas, buried telephone cable exists. The City will be working with the contractor
to protect the telephone cable, however in some instances, there may be temporary interruptions in
service.
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 this construction project, please direct them to Pau~ 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).
The success of this project will be based upon the cooperation of the property owners and all people
involved in the project. We look forward to working with each of you to complete this project, and
thank you for your cooperation during this project.
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
531-5119
KRAUS-ANDERSON QUARTERLY
Summer 1995
Page 7
Midland Shopping Center, which is managed by Kraus-And~rson Realty Company.
KEY GROUP PROMOTES "NEIGHBORLY NEW HOPE"
City of New Hope government and business leaders
recently teamed with Key Group Advertising,
Inc. to launch an innovative five-week
campaign promoting business in the suburban
Minneapolis community.
"Shop Neighborly New Hope".elements
include billboards, flyers, newspaper
advertising, p.rize registration boxes, tee-shirts,
window decals, and a specially-commissioned
map of New Hope.
The campaign is being supported by 'a
combination of public and private funding, includingl5
major Gold Sponsors and over I00 Star Retailers who are
offering special discounts during the campaign.
"This is a first," said New Hope Mayor Eric
Erickson. "This kind of nonpartisan cooperation
for the greater good of the community is
,~ unprecedented," he said.
Key Group Advertisink, Inc. is a full service
advertising agency and special events producer;
and is a wholly-owned subsidiary of Kraus-
Anderson, Incorporated.
The campaign kick-off ~ent June t 4featured "the Galaxy's largest
game of Duk-Duk-Grey Duk"
8-25-199~ 2:21P~ F~OM 8ONEST~OO ~ ASSOC
Kirk McDonald
City of New Hope
page 2
August 25, 1995
Thc improvements at thc golf course arc divided into seven (7) parts to be considered separatcly,
ff City Council and stair elect not to proceed with specific iraprovcments based on cost and or
impact. Thc improvements arc described as follows:
1. Dredge pond along hole No. 9.. StabiliTe b',mk, repair stoma sewer from Bass Lake
Road.
2. Upgrade existing 12" storm sewer outlet from pond along hole N. 9 to thc cast.
3. Upgrade existing storm sewer between ponds along hole No. 9 ~ No. 8.
4. Upgrade and extend storm sewer betw~ pond along hole No. 8 and Meadow 'Lake.
Provide f:fll over north end of pipe, per Louise Brulm, and south end of pipe to square
off No. 8 tee box.
5. Modify Meadow ~ outlet structure between NWL 893 and 894.5 to utilize full
capacity of 21" storm sewer.
6. Provide fill and regrade No. 9 fairway to develop positive drainage.
The neighborhood meeting for Meadow Lake on Tuesday August 29, may generate additional
discussion and alternatives to be considered with this project.
If you have any questio~ please contact this office,
Sincerely,
BONlgSTROO, ROSENE, ANDBRLIK & ASSOCIATES, INC.
Mark A. Hanson
MAH:gs
Enclosure
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CITY OF NEW HOPE
GOLF COURSE
4400 QUEBEC AVEI~JE N
(C.C.I. ADDITION)
STORM SEWER
POND IMPROVEMENTS
8-2B-199B 2:22PM FROM BONESTRO0 ' ASSOC p.B
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8-2S- 1996 2: 24. PM FROM BONESTRO0 " ~,SSOC P. S
City of New Hope
Attention: Mr. Daniel Donahue
42nd Avenue (Co. !~ IVo. 9)
Xylon Ave. to Winnttl~ Ave. Improvement~
Page 2
August 24, 1995
In summary, based on our meeting with Hennepin County, if the City Council is willing to begin
developing specific plans for the above project, it is recommended a feasibility report be
prepar~ documenting the specific improvements, their cost, and funding. Other improvements
bein$ considered in 42nd Avenue are as follows:
Bury overhead electric
Street/~destrian lights
Landscape, trail/sidewalk
Thc attached resolution to Hcnnepin County will enco~ their participation and the City's
commitment to proceed with this project. If you have any questions pleasc contact this office.
Sincerely,
BONHSTROO, ROSHNE, ANDI~RLIK & ASSOCIATHS, INC.
Mark A. Hanson
MAH:Ik
Enclosure
cc: Kirk McDonald, Jcannine Clancy
Bonestroo
Rosene
Ander!ik &
AssociateS
Engineers & Architects
August 26, 1993
Thomas E Noyes. PE Jerry ^ 8ourdon. PE Jerry ID Per-Lzsch. PEKe~t~ R Y~G~. =E
Sus~ M ~berl~n. CPA M~cnael T ~autmann. PEM~rk R ~olfs. PE. Shawn ~ Gust~f~n ~E
'~mor Consult~n( Ted K. F~eid. P~ Mar~ A ~D. PE C~cd~o Ol~vrer. PE
Thom&s R. Anderson A I A ga~ W Monen. PE. Charles A ~flCkSOn
City of New Hope
4401 Xylon Ave. N.
New Hope, MN 55428
Attention: Mr. Kirk McDonald
Re: Gethsemane Cemetery
File 34-gen
Dear Kirk:
Attached is a plan showing the additional right-of-way requirement to construct left turn
lanes at Xlyon Avenue and left turn lanes at Xylon Avenue including a two way left turn
lane between Winnetka Avenue and Xylon Avenue. The right-of-way requirement for each
plan is summarized below:
Left Turn Lanes at Xylon Avenue 12,000 S.F.
Two-way Left Turn Lane (Xylon Avenue to Winnetka Avenue) 22,400 S.F.
Basically, an additional 17' of right-of-way is required where the full left turn lane is
required. A detailed survey is required to accurately define the additional right-of-way.
If you have any questions please contact this office.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Mark A. Hanson
Attachment
cc: Steve Sondrall, City Attorney
John Bergly, SWWB
2335 West Highway 36 · St. Paul, MN 55113 · 612-636-4600
08-24-1995 12:09 612 6~6 I~11 BONESTRO0 & ASSC. P.~4
--. .R o c k f. o r d
!!
{
~UG-24-95 THU 12:51 P, 02/IO
CorRect: & SO~D~L, P.A.
A~ro~N~¥S AT LAw
Edinburgh Executive Or, ce Plm~
8525 ~inbrook Cross~g
Smte ~203
Bmokl~ P~k, Mi~eso~ 55443
August 24, 1995
Kirk McDonald
Management Asst.
City of New HOpe
4401Xylon Avenue North
New Hope, MN 55428
RE:
Acquisition of Property at 6067 West Broadway
Our File No: 99.11142
Dear Kirk:
Enclosed for consideration at the August 28, 199S Council meeting
is a proposed Resolution Authorizing the Purchase of eoe7 west
Broadway. Also enclosed for the agenda packet is a proposed sales
contract, appraisal and transmittal letter I received from HUD.
The appraisal establishes the fair market value or 'the property at
$4S,000. Due to the HUD Direct Sales Program with Municipalities,
the City receives a 10% discount on the fair market value. As a
result, the sales price is not established at $4§,000~ but is
established at 90% of said amount, or $41,400.
I understand we are obtaining our own appraisal and maybe it i~
still a good idea to go ahead and have that appraisal done. I do
not believe we have much ability to negotiate this purchase price,
however if we have ar1 appraisal that shows a fair market value
significantly lower than the HUD appraisal, it may be worth the
Dost of the Eppraisal to attempt a renegotiation of the sales
price. However~ there is no guarantee in this regard.
Time is somewhat of the essence since HUD is requiring a signed
sales contract from u~ by August 29th. Therefore, if the Council
approves this matter on the 28th, I will messenger the signed sales
contract to HtlD the following day,
AUG-24-95 THU 12:51 P, 03/IO
Mr. Kirk McDonald
August 24, 1995
Page 2
Contact me if you have any Questions.
Very truly yours,
Steven A. SondraI1
slt2
E~c]OSUFes
ValerJe Leone (w/enc)
Dan~el J. Donahue (w/enc)
COUNCIL
REQUF.~T FOR ACTION
Originating Department Approved for Agenda Dev~r~i~n~eCtion
City Manager & Planning
Kirk McDonald, Mgmt Asst. ~ 8-28-95 Item No.
By: Sarah Bellcfuil, Adm. Anlst. BY:i/ . 8.8
/
DISCUSSION REGARDING CONSTRUC?rION OF A HANDICAP ACCESSIBLE TWIN HOME AT
6073 LOUISIANA AVENUE NORTH (IMPROVEMENT PROJECT NO. #519)
Staff request to discuss with the EDA the possible future development of the vacant City-ovmed parcel
at 6073 Louisiana Avenue North. Now that the handicapped accessible m~in home construction is
completed at 51st and Winnetka and both units are sold, staff would like to proceed with a similar
project at the Louisiana Avenue site.
The City of New Hope purchased the rear 100 feet of property located at 7105 62nd Avenue North
from Carol and Faye James in June, 1994, using CDBG scattered site housing funds. This property was
combined with the rear 100 feet of the adjacent property located at 7109 62nd Avenue which the City
purchased in October, 1993, for rehabilitation. The two properties were replatted in October, 1994, as
the Cameron Addition, to form a new, undeveloped, City-owned lot at 6073 Louisiana Avenue North.
The vacant parcel is roughly 16,600 square feet in size and is zoned R-l, Single-Family Residential.
Due to the size and location of the lot, staff recommend subdividing the property and constructing a
handicap accessible twin home on the site. The proposed twin home would be similar to the design
built at 7901-7909 51st Avenue North except that the new twin home would have three bedrooms and
two bathrooms, as there was a strong demand for that size home when marketing efforts for the 51 st
and Winnetka site took place. A map of the site is attached.
There are a variety of funding sources which the City can access in order to construct a handicap
accessible twin home at 6073 Louisiana Avenue North including:
· Met Council Housing and Redevelopment Authority Housing Assistance Loan -- A $125,000 zero
interest Housing Assistance Loan has been approved by the Met Council for construction of an
accessible twin home. Once construction is complete and the units have been sold the City will pay
back the loan to the Met Council.
MOTION BY SECOND BY
TO:
Review: Administration: Finance:
RFA-O01 ~1
Request for Action
2
8-28-95
HOME Funds -- $45,000 in HOME funds have been dedicated to the construction and sale of the
twin home. Of the total, $5,000 will be dedicated toward project soft costs, $30,000 will be used
for two second mortgages, and $10,000 will be a grant to the City.
Scattered Site Revolving Loan Fund -- In 1993 the City received a $60,000 grant from the
Minnesota Housing Finance Agency (MHFA) for the purchase and rehabilitation of a single family
home at 7109 62nd Avenue North. The City purchased this property, renovated it and sold it to a
New Hope resident and first-time homebuyer. With the sale of the property, the City recouped the
MHFA grant money and established a revolving fund to be used for furore rehabilitation activities.
There is roughly $60,000 available in this fund.
CDBG Scattered Site Housing Funds -- 6073 Louisiana Avenue North was purchased with $18,114
in CDBG Scattered Site Housing funds.
An estimated budget for the project is attached.
The following is a list of general steps that staff would pursue if the Council is favorable toward this
project proceeding:
1. Secure Letter of Agreement from Equal Access Homes to provide design services (develop plans)
for the three-bedroom twin home,
2. Conduct meeting with neighborhood residents for their input,
3. Develop plans and specifications and seek bids on the construction,
4. Pre-market the sale of the units,
5. Seek bids or change order with existing contractor to extend utilities to site, per attached
correspondence from City Engineer, and
6. Rezone the site from R-1 to R-2 and re-plat the property.
If the Council is agreeable, staff would like to see construction start this fall. The City of New Hope
is unique in the variety of housing types that are provided, and the construction of new handicapped
accessible homes to provide affordable homeownership oppommities for the disabled is a unique
housing program for a first-ting suburb.
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7109 62nd Avenue
66.76 86°48"~0"W
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5
6073 Louisiana Avenue
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6073 Louisiana Avenue North -- Three Bedroom Handicap Accessible Twin Home
The following estimated amounts are for both units combined -- August 24, 1995
Expenditures Anticipated Actual
Acquisition/Site preparation $ 17,000.00 $16,739.00
Construction (($65 x 1550 sql ft.) x 2) $ 201,500.00
Other Construction Costs (SAC, WAC) $ 1,700.00
Sewer & water connection/site prep $ 20,000.00
Closing costs $ 3,000.00
Landscaping $ 5,000.00
Appraisal fees $ 1,000.00
Misc. (Utilities, taxes, site upkeep) $ 1,000.00
CRC Development fee (HOME funds) $ 3,000.00 $ 3,000.00
Marketing/Sales: Thompson (HOME funds) $ 1,000.00 $ 1,000.00
TOTAL $ 254,200.00 $ 20,739.00
Revenues
Proceeds from sale of twin home $160,000.00
HOME funds $ 30,000.00
HOME ~rant $ 10,000.00
HOME soft costs (marketing and dev. fees) $ 4,000.00
EDA Housin~l funds $ 32,000.00
CDBG Scattered Site funds $ 18,200.00
TOTAL $ 254,200.00
$80,000 per unit 1st mortgage)
two $15,000 2nd mortgages)
two $5,000 grants)
Homeowner Requirements
$80,000 first (at 6.85%) and $15,000 second (at 0%)
Cost per month (principle, int., taxes, insurance) $ 682.87
Annual income required $ 28,260.00
Monthly income required $ 2,355.00
(May have $283/per month in debt)
*Note: A salary of $25,500 (50% median for a family of 4) will allow a $72,000 - $74,000 mortgage at 6.85%
h:~housing\6073bud 1 .xls
Page I
EDA
REQUEST FOR ACTION
originating Department Approved for Agenda Agenda Section
City Manager EDA
8-95 Kirk McDonald Item No.
By: Management Assistant By: 4
DISCUSSION REGARDING FINANCIAL ASSISTANCE REQUEST BY GILL BROTHERS
FUNERAL CHAPELS, INC. (IMPROVEMENT PROJECT NO. 523)
At the June 26th EDA meeting, the EDA discussed a Purchase Agreement submitted by Gill Brothers
Funeral Chapels, 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 del'me 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 1 lth. The initial site plan showed the
building located to the far east side of the property, 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 were known, Gill would make a formal request to the City for f'mancial
assistance and present revised site plans.
In an effort to continue negotiations/cooperation on this proposed development, the City Attorney
recommended that Gill Brothers and the City execute an Exclusive Negotiations Agreement regarding
MOTION BY SECOND BY
TO:
Review: Administration: Finance:
RFA-O01 ~
Request for Action
8-28-95
the property, which the EDA approved on July 24th. The Agreement provides Gill Brothers Funeral
Chapels, 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.
In August the City Engineer provided cost estimates to relocate the existing storm sewer and, per the
attached fax/sketch, the 'estimated cost to relocate the storm sewer is $30,000. Gill Brothers and Miller
Funeral Home Design & Construction incorporated these costs into their total project cost and have
submitted the attached Financing Package for consideration, along with revised site plans. The total
project cost presented is $995,000, including construction, bond costs, furnishings and soft costs. The
loan request is for $900,000 at an interest rate of 9 1/2% over 15 years, with owner cash injection of
$95,000.
The City also has contacted the Bond Consultant to determine specifically what project costs can be paid
for with 42nd Avenue tax increment funds and options for financial assistance, per the enclosed letter.
The types of expenditures that are eligible for TIF assistance with the development of commercial
property are land acquisition, construction or relocation of public utilities/streets/sidewalks, public
charges related to the development of the site such as permit fees and sewer/water connection charges,
and site improvements such as grading/soil correction/landscaping. TIF funds cannot be used for an
interest rate write down on commercial developments except for affordable housing projects. ~.
The Bond Consultant has suggested considering the following options to assist Gill Brothers with TIF
funds:
1.
2.
Eligible costs being paid by the EDA or reimbursed to the developer as paid.
EDA reimburse developer for certain eligible costs paid by the developer upon completion of
construction.
EDA reimburse developer for eligible costs from the tax increment as it is received from the
developed property "pay as you go" financing.
Staff requests that the EDA provide direction to staff on how to proceed with/respond to the proposal
from Gill Brothers.
Finanacing Package
Specially Prepared for
GILL BROTHERS FUNERAL HOME
NEW HOPE, MINNESOTA
Dated
August 10, 199~
Miller
FUNERAL HOME DESIGN
& CONSTRUCTION
GHJ. BROTI-H:.RS FUNERAL HOME
NEW HOPE, MINNESOTA
T~e ~rcpcsed Chi1 Brcchem Euneral Home, own~ ~y N~ ~d D~ Mc~w, w~ ~e !cc~d
cn [~ ~s of l~d m New H~e, M~eso~ ~d w~ com~lemen: ~e
k w~ p~Vtde aecess~ h~dicap ~c~sible fea~ ~d
OSHA guide~. The f~ home ~ b~
· Ma.mmmmce f~e packi~ ama w(th 66 park.~ stalls,
The buildm~ exterior will be brfck veneer with aluminum soffim and facia a~d a
skinsled roof. ,.
· The entrance canopy will accommodam ente~ and exft~.£ the ftmeml home
· The funemt home has been designed to include lobby, mcept/on ama, work office,
visitation room, music room, m, rangement office, lounse am.a, childnm ~ room,
men S and women Smmroom facilit/es, prop room, mechanical room, and gamse.
· The~e will be o~ la~ge visitation room with searin8 for 200 people. The room has
been designed with coffered ceil, soffit lishtin8 and individual vmitation star-aBe
areas. It also has a sound proof foldin8 pat~ion to divide rJ~ area into ~wo
visitation chapels if de~,
· The la~e casket display room will e~mly exhibit 20 caskets and have an alternam
select/on room for cremation.
GILL BROTI~.RS FUNERAL HOME
NEW HOPE, MINNESOTA
LOAN
Loan to coasis~ of a construction Joan that will roll into permanent financing of the project:
Total Construction Cost
....... . ..................... $700,000
Land Cost
.......................................
Furnishings ....................................... 75,000
Soft Costs ........................................
TOTAL PROSECT COST ........................
CITY FINANCING (Buy Down):
Loan Request ................................... $900,000
Interest Rate .................................. ~ .... 9V2%
Loan Amortization ................................ 15 Years
Interest Rate Fixed ............................... 15 Years
Owner Cash Injection ................................ 95,000
MILLER FUNF. RAL HOME DESIGN & CONSTRUCTION
ST. CLOUD, MINNF_~OTA
A BR~F' SKL:TCH
High quality construction has been the cornerstone of Miller Funeral Home Design
& Construction, a subsidiary of Jim W. Miller Construction, since 1955 when Jim
W. Miller founded the Cum in St. Cloud, Minnesota. Initially a general contractor
specializing in agricultural and residential projects, Miller Construction evolved
through planned growth and pursuit of opportunity into the leading commercial
developer in Central Minnesota. Chairman of the Board, Jim Miller, himself the
descendent of skilled tradesmen and the son of a successful contractor, has built the
reputation of the f'um upon sound design and construction techniques used by
highly trained and experienced personnel. Miller Construction has become adept at
f'mding useful applications for new building technology and resources while
anticipating market and client needs.
Miller Construction remains a people-oriented company with managemem policies
that encourage individual creativity, initiative, and contribution throughout the
organization. Hard work is encouraged and rewarded within an informal,
unstructured climate which allows individuals to achieve both personal and clearly
stated company goals.
Miller Constructions' objectives and activities are linked to its design/build concept.
The design/build concept is a combination of services and products which basically
is a one-step construction service. The staff of highly trained Financial
Consultants, Architects, and .Project Managers work together for the suc. cess~
completion of a client's project. The economies of scale and coordination can save
a developer cost and time.
(A Brief Sketch, cont'd)
Miller Construction has developed many large scale projects in the areas of
commercial, industrial, and residential construction. These projects include funeral
homes, condominiums, apartments, motels, restaurants, office parks, manufacturing
plants, and warehouses. Under the operational control of management, the
Architect, Development Consultants, and Project Managers assist businesses of all
sizes. A few of the funeral homes completed by Miller Construction include:
Green Funeral Home, Skroch Funeral Chapel, Anderson Funeral Home, Boldt
Funeral Home, West Kjos Funeral Home, Kapala-Glodek Funeral Home, Holcomb-
Henry-Boom Funeral Home, Major-Erickson Funeral Home, Bonnerup Funeral
Home, Wight & Fox Funeral Home, Westgor Funeral Home, Minnesota Valley
Funeral Home, Rowe Funeral Home, Winberg-McLaughlin Funeral Home,
Cambridge Funeral Home, Kalser-Corson Funeral Home, and Sturm Funeral Home.
GV0809.1
NE%' YORK
WASHINGTON, D, C.
DENVER
ORANGE COUNTY, CA
LONDON
BRUSSELS
HONG KOND
DORSEY ~c WHITNEY
DROFE$$[ONAL Lr~rTED LIABILITY PART.N'ER$1qlp
PILLSBL'RY CENTER SOL-TI{
~0 SOUTI{ SIXTH STI~EET
5IINNEAPOLIS, -XflNNE$OTA ~402'1498
(6m) a4o-~ooo
FaX (61~} 340-~868
(612) 340-2~2
August 11, 1995
SEATTLE
ROCHESTER, .~I.N'
BILLINGS
GREAT FALLS
-%f IS SOL*L.~
DES -~I01NES
FARGO
Mr. Daniel Donahue
City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Dear Mr. Donahue:
You have advised me that the City of New Hope owns certain propert})
located on 42nd Avenue North in the City that it is negotiating to sell to Gill
Brothers Funeral Homes. Gill Brothers is proposing to construct a new funeral
home on the site. The site is located in the 42nd & Winnetka Redevelopment Area
and Tax Increment Financing District of the New Hope EDA, and it is anticipated
that Gill Brothers will request that the New Hope EDA provide tax increment
financing assistance in connection with its development of the site. You have asked
what expenditures with respect to development of the site are eligible to be paid
from tax increment revenue.
The typical types of expenditures eligible for tax increment financing
assistance in connection with the development of commercial property are land
acquisition costs, costs relating to construction or relocation of public utilities and
public streets and sidewalks, public charges required to be paid with respect to the
development of the site such as permit fees and SAC and WAC, and site
development costs for such items as grading, soil correction work and landscaping.
In addition any costs relating to removal or remediation of any pollution on the site
is an eligible expenditure of tax increment revenue. These eligible costs are
commonly referred to as public redevelopment costs.
In the past the New Hope EDA has established interest reduction
programs and used tax increment revenue to write down interest on the developer
loans which financed multifamily housing developments. Only low and moderate
income housing developments are eligible for interest reduction programs, so that
Page -2-
Mr. Daniel Donahue
August 10, 1995
DORSEY cqc WHITNEY
type of assistance is not available for the development of the site by the Gill
Brothers.
Should the New Hope EDA determine to provide some tax increment
financing assistance to the development there are a number of ways in which the
assistance can be structured. One structure would be for eligible costs to be paid
directly by the EDA or reimbursed to the developer as paid. If this s~*ructure is used,
the EDA will need security from the developer to ensure the development of the
site is completed. A second structure would be for the EDA to reimburse the
developer for certain eligible costs paid by the developer upon completion of
construction. In this manner the EDA's money is not at risk if the construction is
not completed. A third structure would be for the EDA to agree to reimburse the
developer for eligible costs from the tax increment as it is received from the
developed property. In this case the eligible costs would be paid by the developer,
and the developer would not be reimbursed for such costs for a number of years and
then only to the extent tax increment from the development is sufficient. This is
commonly referred to as "pay as you go" financing and has been frequently utilized
by cities in recent years.
Should you have any further questions concerning this matter, please
give me a call.
JPG:cmn
cc: Steve Sondra'll
Yours truly,,
FAX TRANSMISSION
Bonestroo
Rosene
11Anderlik &
Associates
Engineers & Architects
St. Paul * Milwaukee
2335 West Highway 36
St. Paul, MN 55113
612-636-4600
Fax 612-636-1311
To:
Organization:
Subject: ~
Remarks:
Date: ~)/j~/q ~"
Pages To Follow:
Original Will Follow In Mail: Yes_,
No J(
Fax Number:
Copy To:
Signed: /y · ..,/7 ~c ;~..y_-~
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99
( EDA
Originating Department Approved for Agenda Agenda Section
City Manager EDA
x~-28-95
Kirk McDonald Item No.
By: Management Assistant By~/~ / . 5
RESOLUTION REPEALING THE BASS/L/AKE ROAD HOUSING REDEVELOPMENT PROJECT
NO. 541
The enclosed resolution repeals the Bass Lake Road Housing Redevelopment Project #541 and makes
specific fmdings relative to the cancellation of the project. The resolution states that excessive
development costs and the requirement to pay relocation expenses on voluntary property acquisition is
the basis for the project cancellation. The resolution further indicates that this action does not termimte
the EDA's policy of acquiring sub-standard housing on a scattered site basis and permits the acquisition
of properties within the 541 project area despite its cancellation.
The EDA postponed from its August 14, 1995, meeting its decision on the resolution authorizing the
purchase of 5559 Sumter Avenue North and the motion accepting appraisals and authorizing staff to
proceed to negotiate with property owners to purchase properties at 7609 Bass Lake Road and 5520
Sumter Avenue. Action on these two agenda items are incorporated in the enclosed resolution.
Specifically, it revokes the purchase agreement for 5559 Sumter Avenue and it rejects the appraisals for
7609 Bass Lake Road and 5520 Sumter Avenue. Therefore, the adoption of the enclosed resolution will
eliminate any need for further action on these two agenda items from the last meeting.
Staff recommends approval of the resolution.
MOTION BY SECOND BY
TO:
Review: Administration: Finance:
RFA-O01 ~
" hUG-25-95 FRI 10:58 P, 02/08
August 25, 199~
Kirk McDonald
New Hope Community Development
Coordinator
City of New Hope
4401Xylon Avenue North
New Hope, MN 55428
RE:
aa~s Lake Road Housing Redevelopment Project ~54!
Our' File No. 99.29431
Dear Kirk:
Please find enclosed a proposed resolution repealin9 the Base Lak~
Road Housing Redevelopment Project #§41 ~or consideration at the
August 28, 1995 Council Meeting.
This resolution makes specific finMlngS relative to the
cancellation of project #541. Basically, excessive development
costs and a requirement to pay relocation expenses on an apparently
voluntary property aoquisition process is the basis for ~he project
cancellation,
However, as pointed out in the resolution, this does not terminate
the EDA's policy of acquiring sub-standard housing on a scattered
site basis. In fact, the resmlution permits the acquisition of
propertie~ within the 541 project area despite its cancellation,
As we discussed, referring to the Bass Lake Road area as a
(project) may be a misnomer anyway. Considering that the EPA has
a stated public intention of not acquiring any o! these properties
by condemnation a strong possibility exists that a Dro~ect w(ll not
develop. A hmldout by one or two key property owners not willing
to ~ell their property on the open market would cause the project
to fail anyway. The time uncertainty relating to the assemblage of
the necessary pro0ert~es for the pro~ect render~ it= viab~llty
questionable. In other words, it is estimated that assemblage may
take ~s long as five years, and the EDA's intentions ~or the use of
these properties after said assemblage period may have changed as
well. Therefore, to refer to the ~aso Lake Road area as a
redevelopment ~roject may be pr'emature.
AUG-25-95 FR[ 10:59 P,O~/06 "
The EDA postponed from its August 14, 199~ meeting its decision on
the resolution authorizin9 the purchaee of 5B59 Sumter Avenue North
and the motion accepLin9 appraisals and authorizing sta¢¢ to
proceed to negotiate with Drooerty owners t~ purchase propertiem mt
7609 Bass Lske Road and 6~20 Sumter Avenue. Action on these two
a~enda items are incorporated ~n ~he enclosed agenda.
Spec~ica3~y, it revokes the purchase ~greement for 5~69 Sumter
Avenue and it rejects the appraisals for 7609 aass Lake Road and
5520 Sumter Avenue. Therefore, the adoption of Lhe encloseQ
reso3ut~on wi31 e31mina~e any need ~or further action on these two
agenda items from the ~a~t meeting_
Contact me if you have any questions.
Very Truly Your's,
8teven A, $ondr~lt
cc,
Valer~e Leone
Daniel J. Donahue
RUG-25-95 FRI 11:03 P, 02/04
EOA RESOLUTION NO. 95-
RESOLUTION REPEALING THE BA~R LAKE
ROAD HOUSING REDEVELOPMENT
PROJECT NO. 541
~HEREA$, the purpose of the Bas~ Lake Road Housing
Redevelooment Project No. 641 is to replace deterioratin9 housing
stock and to replat over-sized and under-utilized lots, and
WHEREAS, the Project was initiated by the unsolicited requests
from two private property owners for the purchase ot their single-
family pr'operty by the New Hope Economic Development Authority, and
WHEREAS, it was determined a number of problems experienced by
the site area could be resolved by this project including:
1. elimination of a narrow and inadequate access alley;
2. renovation or replacement Of undersized and deteriorating
homes, some without basements;
3. reuse of underdeveloped lots;
4. elimination of inconsistent and complaint-generating 3and
uses;
and
WHEREA~, the site area consists of nine to thirteen properties
located south of Bass La~e Road, north of §Sth Avenue North and
east o~ Sumter Avenue North with the exception of two properties
west of and abutting Sumter Avenue North~ and
WHER__~, ~he New Hope EDA's intent for acquisition of these
properties i~ to buy said properties as they become available ~or
sale on the open m~rket without resort to its right of eminent
domain under Minn. Stat. Chap. 117, thereby avoiding the use of
condemnation fpr proper~y acquisition~ and
WHEREAS, it is understood assemblage of all properties wlth~n
the pro,oct area may taws years as property owners make their
properties available for acquisition; therefore, e ~ime schedule
for project implementation Is uncertain including the potential for
projec% failure if some properties d~ not become available on the
open market or cannot be acquired by the EDA, and
AUG-25-95 FRI 11:03 P, 03/04
WHEREAS, Northwest A~sociated Consultants, the City Planners,
have submitted a May 5, 1995 planning repurt indicating ~hat total
projecl costs coulO range from 1.3 to 1.7 million dollars, that the
estimated return on thin investment after resale of the properties
may be only $400,000 to $650,000, thereby leaving a deficit to the
EDA of $900,000 to 1.05 million dollars, and
WHEREAS, the New Hope City AttOrney has confirmed the fact the
project is subject to the federal Uniform Relocation Assistance and
Real Property Acquisition Act in his August 9, 1995 letter opinion
despite the EDA's policy of voluntary acquisition through direct
negotiation on the open market with no use of condemnation. This
is due to the fact Minn. Stat._ §§117,50 through 117,521 subjects
this project to the Uniform Act arid the ACt itself hol~s only
voluntary.transaction which are not part of a planned project or
site specific are exempt from payment of relocation benefits, and
WHERE68, the City Planners have estimated that relocation
benefits for the project could be $2~0,000 and a relocation
benefits consultant, Evergreen Land 8er¥i~es Co., has estimated
these ~osts Lo be as high as $300,000 in its August 7, 199§ raperS'
submitted to City staff, These co,ts would include (i) replacement
housing costs for homeowner-occupants, (2) movin~ expenses, and (3)
closlng =osts on new mortgages, ana
WHEREA~, the New Hope EPA hereby finds that implementation of
the Bass Lake Road Development Project NO. 541 would not be in the
bes~ 1nteres~s of the City of New Hop~ due to development costs
which could exceed anticipated revenues from the completed project
of over 1 million dollar-~ and the requirement impose~ on the EPA to
pay property owner relocation benefits including replacement
housing costs, moving coats and ~losing oomts of $~50,000 to
$300,000 on apparently voluntary transactions producing an unjust
enrichment to willing Sellers intending to sell their property
anyway on the open market, and
~, the New Hope EDA hereby finds it is still in the
City's best interest to acquire substandard property on a scattered
site bas~e from. voluntary and wil3ins se~lers to ~orrect zonlng aha
land use problems aha e3iminate deteriorating housing stock to
insure high Oroperty values and above-average hous{ng wlth~n the
City, and
WHEREAS, acquisition of property by the EDA for the purpose
referenced in the preceding paragraph ie still authorized by the
EDA and may include any p~operly within former Project NO. 541.
2
· ~UG-25-95 FRI li:04 P, 04/04
NOW, THEREFORE, BE ~T RESOLVED by the Economic Development
Authority in and for the City of New HOpe as follows-
1. That the Bass lake Road Housing Project No. 541 is hereby
repealed and abandoned due to excessive cost and the
requirement to pay relocation benefits in a voluntary
transaction.
That any proposed purchase agreements for the acquisition
of property at 8559 Sumter,AYenue North and 7621 Bass
Lake Road for Proj,eul 541 are hereby revoked and that the
Execulive Director' is hereby directed to inform the
sellers accordingly.
That Lhe appraisals prepared for 7609 Bass Lake Road and
5520 Sumter Avenue North are hereby rejected for the
purpose of establishing a fair market value purchase
price ¢or said property for Project 541 due to the herein
repeal of said Project.
That the Executive Director is hereby authorized t~
continue any and alt negotiations with all willing
sellers of property to acquire Property on behalf of the
New Hope EDA in voluntary transactions on a scattered
site bas~s to achieve all obje~tiYea of the.New HoDe EDA
inc~ud~n~ but not l~m~ted to~ correcting zoning and ]and
use problems, eliminating deteriorating sub-standard
housing and to guard against an eroding tax b~se caused
by declining property values, Thls authority would
~nclude property within the former Pro~ect No. S41 are~,
Adopted by the Economic Development Authority in and for the
City of New Hope t~is 28th day of August, legs,
Edw. j. Erickson, President
Atteet=
Daniel d. Donahue, F×ecutive ~ireotor
3