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050592 Planning2. 3. 3.1 3.2 3.3 3.4 o 4.1 4.2 5.1 6.1 6.2 6.3 7. AGENDA PLANNING COMMISSION MEETING OF MAY 5, 1992 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. CALL TO ORDER ROLL CALL PUBLIC HEARINGS Case 92-07 Request for Variance to Expand Non-Conforming Building and Variance to Rear Yard Setback to Allow Expansion, 3910 Boone Avenue North, Craig Allen Hall, Petitioner Case 92-09 Request for Conditional Use Permit for Outdoor Dining in Winnetka Commons Shopping Center, 3520 Winnetka Avenue North, Jackson-Scott Associates, Petitioner Case 92-10 Request Conditional Use Permit, Variance, Site/Building Plan Review/ Approval for Expansion, 3216 Winnetka Avenue North, J.R.Jones Fixutre Company, Petitioner Case 92'12 Request for Conditional Use Permits and Site/Building Plan Review/Approval to Allow Front and Rear Building Additions at City Hall and Deferment of Required Parking, 4401 Xylon Avenue North, City of New Hope, Petitioner COMMITTEE REPORTS Report of Design and Review Committee Report of Codes and Standards Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Approval of Planning Commission Minutes of April 14, 1992 Review of City Council Minutes of April 13 and April 27, 1992 Review of EDA Minutes of April 13, 1992 ANNOUNCEMENTS 8. ADJOURN3'IF2Cr y PC 92-07 3910 Boone Av N ZONING DISTRICT MAP CITY of NEW HOPE PL~N2~ ING CASES HAY 1992 i PC 92-12 Xylon Av N PC 92-09 Winnetka Av N PC 92-10 Winnetka Av N CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: 92-07 Request for Variance to Expand Non-conforming Structure and a Rear Setback Variance to Allow a Garage Addition 3910 Boone Avenue North 18-118 -21-42-0070 R-1 (Single Family Residential) Craig Allen Hall May 1, 1992 May 5, 1992 UPDATE This case was considered at the April 14, 1992, Planning Commission meeting and the Commission was generally agreeable to approving the request, however, the case was tabled due to the fact that the petitioner had not presented a certified lot survey. Staff and the Commission both felt that a survey was necessary to determine the exact setback distances and so informed the petitioner. Staff has discussed the survey with the petitioner on several occasions within the past several weeks, but as of the date this report is being prepared, a survey has not yet been presented to the City. RECOMMENDATION Staff recommends that this case be tabled for one month, unless a certified survey is submitted prior to the meeting. Attachment: April Planning Commission Report Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 92-07 Request for Variance to Expand Non-conforming Structure and a Rear Setback Variance to Allow a Garage Addition 3910 Boone Avenue North 18-118-21-42-0070 R-1 (Single Family Residential) Craig Allen Hall April 10, 1992 April 14, 1992 BACKGROUND The petitioner is requesting a variance to expand a non-conforming structure and a rear yard setback variance to allow a 14' x 32' garage addition to existing structure, pursuant to Sections 4.031(10)and 4.034(3), New Hope Code of Ordinances. The applicant is proposing to construct an addition to the south side of the existing attached garage. The proposed addition would be 14 feet wide and 32-1/2 feet in length and contain 455 square feet. The existing garage contains 440 square feet, thus the total square footage of the existing garage and the proposed addition would be 895 square feet (which is close to the 900 square foot maximum allowed by code). The proposed garage addition would necessitate two variances: a variance to the 35-foot rear yard setback requirement and a variance to expand a non-conforming structure. The property is located on a comer lot in an R-1 Single Family Residential District at the southwest intersection of Boone Avenue and Hopewood Lane. The property has a 90-foot frontage on Hopewood and a 127-foot frontage on Boone. The zoning ordinance def'mes lot frontage as the boundary abutting a public right-of-way having the least width, therefore the setback requirements North (fronting Hopewood) West (fronting Boone) South East for this lot are as follows: front yard- 35-foot setback side yard - 35-foot setback rear yard -35-foot setback side yard - 10-foot setback Petitioner is proposing to construct a garage addition that would be located 7 feet from the south rear yard property line, thus a 28-foot variance from the 35-foot rear yard setback requirement is needed. Due to the fact that this is a comer lot, a~portion of the existing garage is located outside the buildable yard area which makes the existing structure non-conforming. The zoning ordinance states that normal maintenance of a structure containing a lawful non- conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use. This is a structural alteration which would physically extend the non-conforming use, thus a variance to expand a non-conforming structure is also required. Planning Case Report April 14, 1992 Page -2- 92-07 7. The property is surrounded by single family families and is in close proximity to Northwood Park. 9. 10. The applicant has stated a need for more garage space as the reason for the request. The topography of the property slopes from the north to the south. Property owners within 350' of the site have been notified of the request. Staff has received at least one anonymous complaint about the petitioner's "hobby car" storage and firewood piles. ANALYSIS Detailed plans have not been received from the petitioner and staff recommends that the request be tabled until a lot survey and elevation drawings have been submitted. The purpose of the variance is to permit relief from the strict application of the zoning code where undue hardships prevent the reasonable use of the 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 ff the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. This is one of many problem comer lots where the home was built facing the wrong street as far as ordinance interpretation is concerned. Defining the front yard on a comer lot usually leaves a large (deep) rear yard where most activities take place. Staff's "Attachment A" shows that this. lot only has a 27-foot (cas0 side yard and a 21-foot (south) rear yard and the hashmarks define the "buildable yard" area. The hardship may be that the comer lot setback restrictions do not allow reasonable room for a garage addition, however the setback reductions are substantial. The proposed garage addition would reduce the existing 21-foot rear yard setback to 7 feet, or take a setback that is 60% of the requirement and reduce it to 20% of the required 35 feet. RECOMMENDATION Staff recommends tabling the request until detailed drawings are submitted that address the aesthetic compatibility of the addition and a new survey obtained to confirm exact lot lines. Any driveway, changes, which are currently not shown on the site plan, also need to be addressed as well as the scope of the intended garage use. Attachments: Section/Topo Maps Site Plan Staff Exhibit A - Setbacks WO4D NO 9 GETHSEMANE CEMETERY NORTHWOOD PARK NORTHWOOD PARK $& H WAY ,,¢..¢f .<.-- t ~ .,.1 SITE PLAN DECLARATION t CERT;FY '" ' '~ ,'-',:.-.,,, ~ ,:,.M THE PROPERTY OWNER, OR OWNF_RS REPRESE,NT'ATiVE & THiS?~N IS CO;'-¢,P~ETE AND ACCURATE: IIEQUIRIgD "~" EXISTING SETBACK PROPOSED SETBACK 35' ~ 21' 7v %.~ SITE PLAN OECLARATION I CERTIFY THAT I AM THE PROPERTY OWNER, OR OWNERS REPRESENTATIVE & ITHIS P_.J~AN IS COMP~,ETE AND ACCURATE: f SOUTH SIDE_ I/4 - .I APR 0 199~ J WEST SIDE__. APR I 0 199~ I 12 NORTH_· _SID£ SHGL5 15~ FELT 7/16 W,R WAFER BD-WITH TRUSSES- 24/', O,C, ("TRUSS DESION BY CLIP5 SUPPLIER) APR CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: 92-09 Request for A Conditional Use Permit Winnetka Commons Shopping Center to Allow Outdoor Dining at Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: 3520 Winnetka Avenue North 20-18-21-22-0012 B-4 (Community Business) Jackson-Scott Associates May 1, 1992 May 5, 1992 BACKGROUND The petitioner is requesting a conditional use permit to allow outdoor dining in a shopping center, pursuant to Sections 4.125(8) and 4.134(1) of the New Hope Code. Winnetka Commons Shopping Center is the first businesses in the City to make applica- tion for outdoor restaurant seating under the recently adopted Outdoor Dining Ordinance. The application is being made pursuant to requests from restaurant tenants to have outdoor seating during the summer months. Outdoor dining is considered as a conditional accessory use and is permitted with various limitations, as identified in the new ordinance. The request is to allow up to six (6) tenants to have specific seating on the sidewalk adjacent to existing or proposed -eateries. The petitioner is requesting a maximum of 18 tables (36 seats) on the property in six clusters, as outlined below: Tenant # Table Interior Public % Outdoor Ordinance Space Name Tables Sq. Footage Dining Sq. Footage to Interior Requirement 2 Pot. 3-30" 39 s.f. 1,000 s.f. 3.9% No more than 30% Future Restaurant 11 Gung 3-30" Ho 13 Pot. 3-30" Future Restaurant 14 Subbouy's 1-30" 19 Frankie's 2-30" Pizza 20 Bruegger's 6-30" Bagels 39 s.f. 1,400 s.f. 2.78% " 39 s.f. 1,200 s.f. 3.25% " 39 s.f. _ 600 s.f. 2.16% " 26 s.f. 1,100 s.f. 2.36% " 91 s.f. 1,300 s.f. 7% " TOTAL 18 247 s.f. 6,600 s.f. 3.74% (avg) " Planning Case Report 92-09 May 5, 1992 Page -2- e e Surrounding land uses/zoning include New Hope Terrace Apartments (R-4) to the east, I-1 industrial buildings to the south, Fina gas station (B-3) and Royal Oaks Apartments (R-4) across Winnetka Avenue to the west, and Super America gas station and the flood- plain (Crystal) across 36th Avenue to the north. This property was zoned Industrial in 1961, rezoned to Residential/Office in 1979, and rezoned again in 1989 to B-4 Community Business District with the approval/construction of the shopping center. The site is generally flat with a slope towards the northwest corner where a silt pond was constructed in 1989. Property owners within 350' of the request have been notified and no comments have been received. ANALYSIS The intent of the new ordinance is not to prohibit outdoor dining, but to regulate and allow the practice provided that specific conditions are met. It is not necessary for each individual fast food operation or restaurant located within a shopping center to make application for outdoor dining individually. The Commission wanted to streamline the process by allowing the owner of the shopping center to make application on behalf of all the food establishments. The petitioner met with Design & Review on April 20th and issues discussed included: number of outdoor dining areas, percentage of outdoor vs indoor dining, 5-foot walkway clearance, segregation from pedestrian circulation, relocation of planting area by Bruegger's, trash containers, type of furniture, and maintenance of areas. Revised plans were submitted as a result of the meeting incorporating the following changes: -the proposed seating areas have been spaced to allow fo~? easier clearance -rope and ballard barriers have been added in all outdoor dining areas to segregate them from pedestrian traffic -specific indoor/outdoor dining area square footages have been provided -six new trash containers have been added to the plan; one for each cluster of tables -a note has been added to the plan that the circular planter area in front of Bruegger's is to be filled with concrete -a note has been added to the plan stating that new landscaping will be added to replace the existing landscaping (to be removed in circular planter) at the northeast corner of the site: 28 variegated hosta and 7 gold tip pfitzer juniper The City Sanitarian has reviewed the plans and has no problems with the proposed outdoor dining facilities. Parking increases are not proposed, although the additional square footage of outdoor dining requires 20 additional spaces. The original shopping center plan required 230 stalls and 246 were provided, or 16 in excess of requirements. When the excess spaces are applied to the 20 additional needed, the site is only short 4 spaces. Staff does note find a practical problem with the available parking because of underuse, vacancies, and strict original requirements per the Code. Planning Case Report 92-09 May 5, 1992 Page -3- 6. Tables and chairs must be removed after seasonal use, per the ordinance. Style of furniture is not specified. The Commission should discuss whether all furniture should match or not. Will the furniture be provided by the owner or will each tenant purchase their own furniture? Staff recommends that all furniture be of the same type. 7. Cleaning of the furniture and the concrete walk should be established through a schedule. 8. The outdoor dining area shown on the site plan behind Bruegger's has not been approved and should be deleted from the site plan. 9. Other issues listed under conditions for approval refer to on-going general site issues that need to be resolved between the owners and the City. 10. Staff finds that the majority of conditions listed n the new ordinance are met with the revised plan dated 4/24/92. RECOMMENDATION Staff recommend approval of the conditional use permit request for outdoor dining for Winnetka Commons Shopping Center subject to the following conditions: 1. 2. Outdoor dining furniture type to be specified. Outdoor dining cleaning/maintenance agreement/schedule to be approved by City Sanitarian. Outdoor dining area in rear of Bruegger's Bagels to be deleted from site plan. All site maintenance/construction problems, per Building Official, to be corrected before outdoor dining commences or per an approved schedule by the City including: A. Non-conforming signage - B. Parking in loading-fire lanes C. Damaged/removed handicapped parking signs D. Removal of debris from rear of property E. Reconstruction of southeast Winnetka Avenue curb cut and removal of power pole to allow safe truck entry driveway for access from Winnetka Avenue, per original approved plans Resolution of retaining wall issue expenses associated with Fo Payment of outstanding invoices for planning/legal/engineering Winnetka Commons planning cases, per City Manager Attachments: Topo/Zoning Maps Site Plan Tenant Layout Floor Plan/Dining Areas Detail Sheet Outdoor Dining Ordinance Past Correspondence Re: Issues REZONED FROM R-O to B-4 August 14, 1989 (Res.89-153) 77141, ~ 4 .~) 77,17 ~IONS 3-4F 889.5 895. 1 895.1 X X 895.6 896.2 896.5 X 895,1 893.3 896.5" X 896.2 894 6 915.8 X 900.4 43 43 PARK DRIVE X 900.7 900 901. 1 907 5 WINNETKA COMMONS NEW HOPE, MINNESOTA 36th & WINNETKA [.shE" & 'BUILDING':.~TATISTla~ ":l WINNETKA COMMONS 36th &WINNETKAM~N[SOT^' WINNETKA COMMONS 36th & WINNETKA NEW HOPE, MINNESOTA WINNETKA. 'COMMONS 36114 & W~INETKA LF.~5~ ~LAN / W~NETKA COMMONS 36lh & W~NE~A 'fqbeT ~M ~ ( W~NETKA COMMONS 361h & W~NE~A --~ [AS _~.,, ORDINANCE NO. 92-05 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ADDING SECTION 4.125 (8) ESTABLISHING A CONDITIONAL USE PERMIT PROCEDURE ALLOWING OUTDOOR DINING FACILITIES The City Council of the City of New Hope ordains: Section 1. Section 4.125 "Conditional Accessory Use, B-3" of the New Hope City Code is hereby amended by adding subsection (8) to read as follows: (8) Outdoor Dining, Accessory. Outdoor dining as an accessory use for restaurants, drive-in, and convenience food establishments, under a conditional use permit subject to the following conditions: (a) The applicant be required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. (b) Access to the dining area be provided only via the principal building if the dining area is a full service restaurant, including table waiting service. (c) (d) The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. The dining area is screened from.view from adjacent residential uses in accordance with Section 4.033(3)(b) of this Code. (e) (f) All lighting be hooded and directed away from adjacent residential uses in accordance with Section 4.033(5) of this Code. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: (i) Outdoor dinfng area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. (g) (h) (i) (j) (k) (1) (m) (n) (ii) Minimum clear passage zone for pedestrians at the perimeter of the cafe shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. (iii) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. The dining area is surfaced with concrete, bituminous or decorative paver to provide a clean, attractive, and functional surface. A minimum width of thirty-six (36) inches shall be provided within aisles of the outdoor dining area. Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be approved as part of the site plan application provided for by §4.125(8)(a) of this Code. No outside bar or cooking facility shall be established, only wait stations shall be allowed. Additional off-street parking shall be required pursuant to the requirements set forth in §4.036 of this Code based on the additional seating area provided by the outdoor dining area. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. The operation is subject to approval of the City Sanitarian and compliance with any written provisions he or she requires. Rooftop dining- facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition: (ii) (iii) Provide permanent walls of fencing around the periphery of the dining area at a minimum height of 42 inches to ensure the safety of persons/property. Any permanent structures, including divider walls, trellis work, etc. be included aS part of the building upon which they are located and are subject to the building height limitations as specified in Section '4.033(I) of this Code. The submitted plans for a roof top dining facility as well as the building upon which the proposed outdoor dining is to occur is subject to review by the City Building Inspector. He/She will determine whether the building is structurally capable of handling the additional weight of persons and equipment. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication, Dated the 23rd day of March , 1992. Attest: Y_ ,_ Ve~lerie Leone, YCity Clerk (Published in the New Hope-Golden Valley Sun-Post the April , 1992.) 1st day of 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5100 FAX (612) 531-51, April 29, 1992 Mr. Richard Curry Winnetka Commons Limited Partnership 9000 Old Cedar Avenue Bloomington, MN 55420 Subject: OUTSTANDING INVOICES FOR CONSULTING EXPENSES Dear Mr. Curry: Per your April 24th request, the City has assembled copies of all invoices previously billed to Winnetka Commons and provided a print-out of fees paid to the City by Winnetka Commons. All invoices have an explanation on them. The invoices are primarly related to Planning Cases 89-11/Winnetka Commons Shopping Center, 90-04/Tires Plus, and 90-20 & 90-24/comprehensive sign plan and sign variances. Other issues include the retaining wall, driveway and power pole items, and renewals on the letters of credit. The planning/zoning application clearly states that the petitioner will be responsible for consulting expenses incurred by the City as a result of a project. Your application deposits have been deducted from the amount due. Please contact me if you have any questions. Sincerely, Kirk McDonald Management Assistant/Community Development .Coordinator KM/lb Enclosures: Invoices cc: Dan Donahue, City Manager Larry Watts, Finance Director Steve Sondrall, City Attorney Doug Sandstad, Building official Planning Case Files Family Styled City '~~ For Family Living WlNN]grKA COMMONS LIMITED PARTNERSHIP 9000 OLD CEDAR AVENUE BLOOMINGTON, MN 55420 April 24, 1992 Mr. Kirk McDonald CITY OF NEW HOPE 4401Xylon Avenue North New Hope, MN 55428 Re: Planning Case 89-11 Dear Kirk: Winnekta Commons Limited Partnership at its meeting of April 23rd, 1992, determined that it would like to resolve the open invoices for consulting expenses incurred by the City of New Hope for Planning Case 89-11. It was determined that in order to do this, the partners will need an accounting of all fees paid to the City of New Hope by Winnetka Com~mons for Case 89-11, all outside consulting fees paid by the City of New Hope for Case 89-11, along with an explanation Of why this outside service was required. We hope this information is readily available partnership can resolve the invoices quickly. to you so the Very truly, Winnetka Commons Limited Partnership Richard Curry / RC/k cc: Steve Sondrall W.C. Limited Partners 4401 Xylon Avenue North New Hope. Minnesota 55428 Phone: 531-5100 FAX ~6 t2~ $$'-5' -~ 1992 Mr. Richard Curry Winnetka Commons Limited Partnership 9000 Old Cedar Avenue Bloomington, MN 55420 SUBJECT: Winnetka Commons/Tires Plus Retaining Wall Dear Mr. Curry: Enclosed please find the correspondence the City has received from Mark Hanson, City Engineer, summarizing the meeting conducted on February 14th regarding the falling retaining wall west of Tires Plus at Winnetka Commons Shopping Center. Mark outlines three options to resolve the situation. Please advise the City as to which option you will pursue and the schedule for completion. The City would also request an update on the schedule for the removal of the power pole and the reconstruction of the driveway at the southwest corner of the center. You indicated last fail that NSP had agreed to remove the pole and that the curb cut opening would be reconstructed. Please advise the City as to when this will occur. Lastly, the City records indicate that Winnetka Commons Limited Partnership has an outstan~ ding balance that is owed to the City for planning/engineering/legal expenses in the amount of $4,400.06. The City would appreciate prompt payment on this outstanding amount. Please contact me if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator Dan Donahue, City Manager Larry Watts, Director of Finance/Administration Steve Sondrall, City Attorney Mark Hanson, City Engineer _ Doug Sandstad, Building Official Valerie Leone, City Clerk Family Styled City ~ For Family Living Bonestroo Rosene Ander!ik & Assooates Engineers & Architects March 12, 1992 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Otto G. Bonestroo. PE. Ke~tiq ^. Gordon. PE. James R. Maland. PE. Rene Jo~eplq C. Andedik. RE. R~a~ ~. ~er, PE ~nnet~ P Ande~n. PE. ~es M R~g. A I C P Ma~n L. ~ala. PE. Jer~ A ~u~n. RE Mare ~ ~lh. PE. Jer~ 0 ~scn PE R~na~ E. Turner PE, Mark A Han~n. RE. Thomas E. Angu[ RE. C~fl~ Ol~v~c PE Glenn R C~. PE. Dawd Q ~s~M. RE. ~an~el J. Edison. PE. Ga~ W Monen. PE Thomas E N~S. ~E. R~e~ C. ~usseK. AI.~. Ma~ A. ~0. PE. ~n L. W~emen. PE Robe~ ~. ~hun~t. PE. ~a~ A. ~. PE. Philip J, Cas~ll, RE. ~m R vao~, PE ~n M. Ebe~in. CPA. Donal~ C. Bu~, PE. ~sma~ Ma~nez. PE. M~cnael P Rau. PE Ted K. F~e~. PE. Mark O. Walli[ ~E. Cha~es A Er~ck~n Mic~t [ ~utmann. PE. Thomas ~. Ande~n. A.LA. Ro~e~ R. ~de. EE Ga~ ~ ~a~de~ ~E, Ha~an M O~so~ Thomas ~ ~mmon, PE. Miles E J~n, M~ch~l C. Lynch, RE. L. Phfllip Oral Attn: Kirk McDonald Re: Winnetka Commons/Tires Plus Retaining Wall Our File No. 34-Gen. Dear Kirk: On Friday, February 14 Gary Morien (BRA Structural Engineer) Doug Sandsted and myself met with Dick Curry and the installer of the retaining wall west of Tires Plus. The meeting was requested by Dick Curry to review the condition of the existing retaining wall. The retaining wall due to it's size requires it be designed by a structural engineer. Engineered drawings must be developed and submitted to the City building official for approval before it's construction. The wall was installed without engineered drawings and has never been accepted by the City. Therefore the City is holding a letter of credit equal to the cost of an approved wail until engineered drawings signed by a structural engineer are prox4'ded guaranteeing the design and construction of the wall. The function and importance of the wall should not be taken lightly. It's essential to the operation of Tires Plus and the service drive providing access to the rear of the shopping mall. From an engineering/structural standpoint the wail has failed. The wall has moved both horizontally and vertically since it's construction. In addition the expected life of a timber retaining wall is minimal (10 to 20 years). The developer has three options. Find a structural engineer to provide engineered drawings for the existing retaining wall signing off on it's design and construction. Brace/shore-up the existing wall to engineering standards. Construct a new wall in accordance with engineering standards. It's highly unlikely that a structural engineer will accept the design and construction of the existing wall. Relative to the last two options, Gary from our office briefly reviewed the construction and cost for each option. Brace/Shore-up Existing Wall: Construct vertical support posts with soil anchors in accordance with engineering standards. Estimated Cost $20,000. 2335 ~Vest Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600 New Wall: Construct 670 sq.ft, of new modular block retaining wall (e.g. Keystone) with a design life of 50 plus years. Estimated Cost $23,000. It's not recommended the City accept the wall until one of the three options is fulfilled. If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:dh cc: Daniel Donahue Doug Sandsted 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521 August 9, 1991 Mr. Richard Curry Winnetka Commons Limited Partnership 9000 Old Cedar Avenue Bloomington, MN 55420 Subject: WINNETKA COMMONS SHOPPING CENTER CURB OPENING Dear Mr. Curry: On November 29, 1990, the City sent you the enclosed letter regarding the southwest curb cut at Winnetka Commons Shopping Center. The curb cut was not built according to approved plans and the City stated that this issue must be resolved. The two options available were to move the existing NSP power pole and reconstruct the driveway opening to the approved 25' width, or to seek an amendment to the originally approved PUD. The City indicated that we wanted the pole moved and the driveway reconstructed. You responded with a letter dated December 12th and requested that the City allow you the time necessary to pursue three different solutions to the problem, as listed in your correspondence. You indicated you preferred either to relocate the pole easterly along the south property line or to amend the PUD rather than moving the pole north on Winnetka Avenue, due to the cost involved. On January 14, 1991, the City Council approved a'reduction in the Winnetka Commons construction Letter of Credit, but $22,500 was held as a guarantee that the driveway reconstruction would be completed this past spring. The Letter of Credit was automatically renewed on July 31st for another six months. In April the City again contacted you, stated that adequate time had been provided for you to pursue solutions to the problem, and requested that you inform us as to how the curb issue would be resolved and provide a timetabIe for the work to be completed. The Building Official and City Engineer met with you on the site this spring, but no action has taken place. Family Styled City ~ For Family Living -2- The City wants the pole moved and the driveway reconstructed this construction season. Please inform the City immediately of your intentions. If no progress is made on this issue soon, the City will have no alternative except to draw on the Letter of Credit and complete the work ourselves. This letter will serve as official notice to you that if work is not commenced by October 1, 1991, to move the pole and reconstruct the driveway, the City will draw on said Letter and undertake the work. We would also expect that the necessary repair to the retaining wall, as discussed with Mr. Sandstad and Mr. Hanson, be completed in accordance with the drive- way reconstruction. Please contact me if you have any cOmments of questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb Enclosures: Past CorresPondence cc: Dan Donahue, City Manager Doug Sandstad, Building Official Steve Sondrall, City Attorney Mark Hanson, City Engineer Alan Brixius, City Planner Valerie Leone, City Clerk Winnetka Commons File 4401 Xylon Avenue Nortl~ New Ho~e. Minnesota 55428 Phone.'553-z52~ April 16, 1991 Mr. Richard Curry Winnetka Commons Limited Partnership 9000 Old Cedar Avenue Bloomington, MN 55420 Subject: WINNETKA COMMONS SHOPPING CENTER CURB OPENING Dear Mr. Curry: On November 29, 1990, the City sent you the enclosed letter regarding the southwest curb cut at Winnetka Commons Shopping Center. The curb cut was not built according to approved plans and the City stated that this issue must be resolved. The two options available were to move the existing NSP power pole and reconstruct the driveway opening to the approved 25' width, or to seek an amendment to the originally approved PUD. The City indicated that we wanted the pole moved and the driveway reconstructed. You responded with a letter dated December 12th and requested that the City allow you the time necessary to pursue three different solutions =o the problem, as listed in your correspondence. You indicated you preferred either to relocate the pole easterly along the south property line or to amend the PUD rather than moving the pole north on Winnetka Avenue, due to the cost involved. On January 14, 1991, the City'Council approved a reduction in the Winnetka Commons construction Letter of Credit, but $22,500 was held as a guarantee that the driveway reconstruction would be completed this spring. Said Letter of Credit e~l~ires on July 31st. The City has provided adequate time for you to pursue the solutions =o =he problem. Please inform us immediately as to how the curb cub issue will be resolved and provide a timetable as to how soon the work will be completed. Sincerely, Kirk McDonald Management Assistant/Cop~unity Development Coordinator KM/lb - Enclosures: Past correspondence cc= Dan Donahue, City Manager Doug Sandstad, Building Official Steve Sondrall, City Attorn~ Mark Hanson, Ci · ' Alan Brixius, F.~ann~ng Winne%ka Comons F£1e- CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: 92-10 Request for A Conditional Use Permit, Variance, Site/Building Review/Approval to Allow Expansion of Existing Building Plan Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: 3216 Winnetka AVenue North 20-18-21-23-0003 I-1 (Limited Industrial) J.R. Jones Fixture Company May 1, 1992 May 5, 1992 BACKGROUND The petitioner is requesting a conditional use permit, variance and site/building plan review/approval to allow expansion of existing facility, pursuant to Sections 4.037(2e). 4.145,4.031(10) and 4.039A of the New Hope Code. J.R. Jones Fixture Company is proposing to construct a 72' x 115' (8,543 square foot) warehouse addition at the southeast interior comer of the existing building. The property is located in an I-1 Limited Industrial Zoning District and the setback requirements are as follows: Front yard - 50 feet (west - Winnetka Avenue) Side yards - 20 feet (north & south 32nd Avenue) Rear yard - 35 feet (east - Winpark Drive) The present owner built the original building in 1963, with subsequent expansions in 1968, 1979, and 1990. The proposed addition would be the maximum development of this site and staff has encouraged petitioner to purchase two adjacent undeveloped one acre lots to the north in order to combine with the existing lot through the platting process to increase future options. A purchase agreement has been executed on the property, but is not final at this time. Surrounding land uses/zoning include industrial buildings to the east across Winpark Drive (Crystal), multi-family residential to the south across 32nd Avenue (Crystal), single family residential across Winnetka Avenue to the west (Crystal), and I-1 vacant industrial property to the north. The site slopes steeply away to the north and east at the building walls and a silt "dry" pond was created on the east side of the property with most recent 1990 expansion. Specific zoning requests include the following: A. Site and Building Plan Review/Approval Planning Case Report 92-10 May 5, 1992 Page -2- B. Variance to expand non-conforming structure - although the proposed addition meets all setback requirements, the existing building is non-conforming as it is located 15.17' from the north side yard property line. City Code states that non- conforming building may continue, but shall not be enlarged, and that a non- conforming building may be maintained and repaired, but may not be physically extended; thus a variance to construct an addition is necessary. C. Conditional Use Permit for Loading Berth Frontine Street - this would be for track loading facing 32nd Avenue North to the south and is a relocation of an existing condition, which is buffered effectively by the 1990 landscaping that was added. The trucking entry driveway would not be changed. D. Green Area or Parking Variance - without the final approval on the land acquisition to the north, only the existing property is being taken into consideration. The petitioner can either provide the required parking and be slightly short on the green area requirement (33.3% vs 35% minimum) or a 1.7% green area variance, or provide the required green and be short on parking (84 spaces provided vs 117 required) or a 33 stall parking variance. Property owners within 350' of the property have been notified and staff has had several comments from neighbors (all positive). ANALYSIS Design & Review Committee met with the petitioner on April 20th and the following issues were discussed: green area and parking requirements, status on acquisition of adjacent property and environmental testing, landscaping, lighting, and building materials to match existing building. Revised plans were submitted as a result of the meeting that include the following: -A small amount of landscaping has been added on the east side of the proposed addition: 6 golden leaf ninebark and 2 purple leaf sand cherry. Extensive land- scaping was added in 1990. -New addition (painted concrete block) to match' existing building -Specific data provided on green area percentages and parking requirements. CUP for loading berth - City Code states that a CUP shall be required for loading berths for non-residential uses where the loading berth is located at the front or at the side of the building on a comer lot and shall be subject to the following: A. Pedestrians. Loading berths shall not conflict with pedestrian movement. B. Visibility. Loading berths shall not obstruct the view of the public right-of-way from off-street parking access. C. General Compliance. Loading berths shall comply with all other requirements of City Code. As staff indicated, a loading berth at this location was previously approved and the berth is simply being relocated with the expansion. Screening of the loading berth was previously addressed with extensive landscaping in 1990. Planning Case Report 92-10 May 5, 1992 Page -3- o o Variance for Expansion - staff does not see the variance to expand a non-conforming building as a major issue, as the new addition meets all setback requirements. Green Variance - under the green variance scenario, 117 parking stalls would be provided (as per code) and the site data would be as follows: Total Parking Required 117 stalls Total Parking Provided - 117 stalls Total Building Area Total Paved Area Total Green Area TOTAL AREA - 62,755 sq. ft. 33.8% - 61,167sq. ft. 32.97% - 61,848 sa_. ft. 33.3% - 185,770 sq. ft. 100% A 1.7% variance fromt he 35% green area requirment would be needed, excluding the acquisition of the property to the north. Staff does not find that this is a significant variation from the code requirements. The additional parking is located in a remote location from the building, with 24 spaces added along the curving driveway up the hill and 9 added near the east driveway. Parking Variance - if the code requirements requiremtns are short by 33 stalls: Total Parking Required Total Parking Provided Variance Requested for green area are met, the parking - 117 stalls - 84 stalls - 33 stalls Total Building Area 62,755 sq. ft. 33.8% Total Paved Area - 55,250 sq. ft. 29.7% Total Green Area - 67,765 sa_. ft. 36.5% TOTAL AREA 185,770 sq. ft. 100% Staff would prefer to see either a minor green variance granted (with adequate parking provided) or a deferred parking CUP allows so that adequate green area is provided. 7. One complaint was received several weeks ago regarding sawdust dumped on the ground,which is not acceptable. This issue was discussed with the petitioner. RECOMMENDATION Staff recommends approval oft he variance to expand non-conforming building, a conditional use permit for loading berth, site/building plan rev_iew/approval, and a 1.7% green area variance subject to the following conditions: 1. Immediately repair/redesign plans for sawdust collection system including hauling. Said plans to be on paper and approved by Building Official 14 days prior to a building permit application for the addition. Plannign Case Report 92-10 May 5, 1992 Page -4- Additional landscape improvements recommended for the building front yard including 2-1/2" maple tree (3) and 20+ shrubs (as per Commission). Submit revised plan prior to Council review. City Engineer to review site drainage changes and forward to Bassett Creek Watershed Management Commission, if necessary. Owner to agree to Development Contract and bond for all parking lot work and grading/ landscaping (amount to be determined by City Engineer). Attachments: Topo/Zoning Site Plan & Date -Parking and Green Floor Plan Elevations Staff Exhibit 1990 Addition Reports/Minutes Area Percentages HOLY NATIVITY LUTHE~IAFI GHUI~H 77~? 36 TH $$ RO 33 i 3a &~ X 910.2 9~ Lz.J Z I.~ 940 944.2 X 95o X 919.3 9 913.1 X 9i4.7 916.7 X X 919.1 918.0~ 912.2 X 916.6 X 937.6 918.5 X 32nd RVENUE NOI~TH PLRNTING SCHEDULE ~.~l 18~'-2¢'' COL~I~q~ NUX~K BELAIR 1 l !l 944.2 X 919.1 4 I t ! X 9,37.6 X .2 919.3 / 91 913.1 X ~916. 914.7 916.7 X 912.2 X 918.5 X CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 90-15 Request: Request for Variance to Allow Expansion of Non- Conforming Structure for Construction of Building Addition Location: 3216 Winnetka Avenue North PID No.: 20-118-21 23 0003 Zoning: I-1 Petitioner: J.R. Jones Fixture Company Report Date: July 6, 1990 Meeting Date: July 10, 1990 BACKGROUND The petitioner is requesting a Variance to allow the expansion of a non-conforming structure to allow the construction of a 64' x 115.33' two-level warehouse addition on to the existing building. The request is pursuant to Section 4.031 (Non-Conforming Buildings) of the New Hope Code of Ordinances. Sub-section 4.031(2) states that a non-conforming building may continue, but shall not be enlarged, and sub-section 4.031(10) states that a non-conforming building may be maintained and repaired, but may not be physically extended. Although the proposed addition meets the 20-fo0t side yard setback requirement on the north, the existing building is non-conforming as it is located 15.17' from the north side yard property line. The Planning Commission approved the Site and Building Plan Review at the June 5, 1990, meeting. Subsequent to the meeting, City staff contacted the City Attorney and Planning Consultant to discuss whether a variance was required. Both felt that a variance was necessary because the existing building is non-conforming and technically this would be viewed as the expansion of a non- conforming structure. Staff informed Mr. Jones by letter that a variance was necessary. The City Council approved the Site and Building Plan Review at the June 11, 1990, Council meeting. After discussing the construction schedule, it was determined that an excavation/ grading permit could be issued prior to the formal approval of the variance, but that the applicant would be proceeding at their own risk. Council also requested staff to research the petitioner's property file to determine if the non-conformance had been discussed when the original building permit was issued or during subsequent building additions. No evidence was discovered that this issue was ever discussed in the past and the original 1963 building permit states that the setback from the north property line was 15 feet. lanning Case Report 90-15 July 10, 1990 Page -2- Se Additional background information is contained Building Review Report, June 5, 1990. in the Site/ 7. Property owners within 350' of the site have been notified. ANALYSIS The City's Planning Consultant has stated that the basis for the approval of this variance could be that 25 years ago the setback requirements may have been different and that revisions in the code may have made this building non-conforming. Other arguments the Consultant has presented in favor of granting the variance are that the setback of the existing building is being maintained and the new addition will not violate the setback requirement. The city Attorney has stated that it is in the company's best interest to seek the variance because the granting of the variance would officially change the use from non-conforming to legal non- conforming and the action will be duly recorded in the City records. Staff feels that the encroachment of the existing building into the setback area is minor (4.83 feet). The new addition will exceed the setback requirement, as it is located 20.56' (at the closest point) from the side yard property line. RECOMMENDATION Staff recommends approval of the request for a variance to allow the expansion of a non-conforming structure. Conditions .for the expansion were included in the Site/Building Review Approval, June il, 1990. Attachments: Section Map Excerpts, Planning Commission/Council meetings Correspondence (6-8-90) Site Plan Landscape Plan Floor Plans Elevations Site/Building Review Report (6-5-90) Ordinance Excerpts (p. 17, 18) adouted, signed by the mayor which was att~sts~ to by the city clerk. 90-14 It~ 8.1 Mayor Erickson introduced for discussion Item 8.1, Planning Case 90-14: Request for Variance to Allow Expansion of a Non-Oonformir~ Build/rig and Variance to the Required 50-Foot "Fzunt" Yard Setback at 3421 Yuko~ Aver~/e North (PI/) #19-118-21 12 0099), Daniel R. Riser, Petitioner. Coord/nator, stated the petitioner is requesting approval of a variance to allow expansion of a non-ccnfo~ building and a 16- foot variance to the r~c~ed 50-foot "front" yard setback to allow expansion of a single garage. This request is made pursuant to Section 4.034(3) and 4.034(4B) of the New Hope Code of O~. Mr. F~Donald indicated t~e structure is technically non-conforming because of the placement on the lot and the structure does not meet present setback rec~,i~ (rear yard). He stated the Planning Cu~..~ission ~mbled t. his request at its meeting of June 5, 1990, and requested the petitioner to attempt to reduce the amount of the encroa~ and also bring more detailed draw~ on the addition. ~he Planning C~.,~ssion reviewed this case again at its July 10, 1990, meeting and recommended approval. The petitioner had presented drawings which showed a reduction of two feet in the encroachment. RESOLUTIC~ (k~nci~ Enck introduced the following resolution and moved its 90-140 adoption: ~ESOIJ3TI~ ~ ~ CASE NO. 90-14 R~-~'r~NG It~a 8.1 A ~ ~) ~TZ'f'~T ]~(~-~/:~ OF ~ ~K/~DING AND A VARIANC~ TO ~ "FR~'I~ YArD SETBA~ AT 3421 YUNC~{ AV~3E ~ (PID #]_9-118-21 12 0099)". The motion for the adoption of the foregoing resolution was seconded by Councilmember Otten, and upon vote being taken thereon; the following voted in favor thereof: Erickson, Enck, Otten, L'Herault; and the following voted against the ~--: Nc~e; Absent: Williamson; whereupon the resolution was ~ declared duly passed and adouted, signed by the mayor which was ~ ~ l~¥or I~'icJmon ~..roduc~l for dL.qoJ~.on It~ 8.2, Plann.h~ Ca..qo 90-/5 9~-15: Request for Variance to Allow Expansion of A Non-Conforming It~ 8.2 /Structure for Construction of a Building Addition at 3216 Winnetka ~~ / Avenue North, J.R. Jones Fixture Ccm~k3ny, Petitioner, (PID #20-118- ~ 21 23 0003). Mr. ~d stated the petitioner is request/rig a variance to allow expansion of a nc~-conforming structure to allow construction of a warehouse addition at 3216 winnetka Avenue North. ~ request is made pur~,ant to Section 4.031 of the New Hope Code of Ordinances. He stated the Planning C~m~dssion approved the Site and Building New Hope City C~uncil Page 5 July 23, 1990 Plan Review at their June 5, 1990, meeting, but it was determined that t/me that a variance was ncc~ed because the existing building is no~orming as it is located 15.17' f~-c~ the north side yard prope~7 line. Mr. McDonald further stated the Planning O~/ssion reviewed the variance request at its meeting of July 10, 1990, and re~ended ~SOIL'~IC~ 90-141 It~ 8.2 Ccuncilrember Enck ~.ced the foll~win~ resolution and moved its adoption: ~RESOLU~/C~ APPROV/NS ~ (:~. ~. 90-15 ~ A ~ TO AT;~ EXP~A~/C~ OF ~ ~ AT 3216 ~ AV~ ~E~ ~ BY J.R. JC~E5 ~ (IP~%NY (PID %20-L18-21 23 0003)". The motic~ for the adoptio~ of the foregoing resolution was seconded by Counc~ L'Herault, and upon vote being taken thereon; the following voted in favor thereof: Erickson, Enck, Otten, L'Herault; and the following vote_ against the same: None; Absent: Williamson; whereupon the resolution was decla~ duly passed and adopted, signed by the mayor which was attested to by the city clerk. PLA~T/NS CASE 90-18 It~ 8.3 Mayor Erickson introduced for discussion Item 8.3, Plannir~ Case 90-18: Request for Varianoe to Required 35-Foot Rear Yard Setback to Allow Addition of a Family Roc~ at 3224 Ensign Court North, (PID #19-118-21 24 0022), James/Marlene Buck, Petitioners. Mr. F~Donald stated the petitioner is requesting approval of a 5-foot variance to the required 35-foot rear yard setback for the .purpose of ~ing a 16' x 14' family roc~ addition. ~ne family room addition would be constructed at the rear of the home as the existing family ~ is to be remodeled into a aco~Lm~date a parent in a wheelchair who is moving into the home. He. stated the Planning O~m,dssion reviewed this casa at is meeting of July 10, 1990, and rec~m~/~led approval. Counc~ Enck inquired why construction had already begun on this site. Mr. Dan Donahue, City Manager, indicated he was not awar~ of the construction but did not believe that a permit had been issued. He stated staff will check with t_he Building Official r~janlin~ the mattero 90-142 It~ 8.3 CounciLmember Enck introduced the following resolution and moved its adoption: "~ESOIL'fIC~ ~~ ~ CASE 1~O. 90-18 ~ OF A FANTT.V ~ AT 3224 ~/(~l ~ ~ (PID %19-118-21 24 0022) ~ BY JAMES/MAI~NE ~U(~T~. The motion for the adoption of the foregoing resolution was secorded by Oounci~ L'Herault, ~ upon vote bein~ taken there~; the following voted in favor thereof: Erickson, Enck, Otten, L'Herault; and the following voted against the same: None; Absent: Williamson; wb~_reupon the resolution was declared duly passed and adopted, signed by the mayor New Hope City Council Page 6 July 23, 1990 Pc ~o-17 (2.4) in=l~ c~r~:zu~J.c~ of a feno~ ~ a 260'x 52' ar~a cn ~ ~ cz1 of t:~ ~,4],44,~, ~ ~ in ~---Md.~ spsose rrm 303 to 200 hOUSe S~__'~"a~ ar~ F,~II~ of ~ Goo~# ~.~ mother Use~# sectic~ of site, and cited ~ ~ ~ for l~, ~M ~, ~ ~d ~i~ City ~ bare if ~ perk~ var~ i~ g~ n~w and in five Gazy ~, ~ Mm-m~j~r fo= Uni~--~ ~aze. mr~, intxu~u=sd himself ar~ ~ that ~ _~,41~,~ ~am desi~ as a at-.~trih.,'tion New ~ P],wrd2~ C~mife~kn -2- ,n.u.¥ lo, :L~eo CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 90-15 Request: Request for Site and Building Review to Allow Construction of a Building Addition Location: 3216 Winnetka Avenue North PID No.: 20-118-21 23 0003 Zoning: I-1 Petitioner: J.R. Jones Fixture Company Report Date: June 1, 1990 Meeting Date: June 5, 1990 BACKGROUND The petitioner is requesting a Site and Building Plan Review to allow construction of a 64' x 115.33' (7,381 square feet) two-level warehouse addition on to the existing building. The request is made pursuant to Section 4.039A(D) (Additions) of the New Hope Code of Ordinances. The property is located in an I-1 Limited Industrial Zoning District and the setback requirements are as follows: Front yard - Side yards - Rear yard - 50 feet (west-Winnetka Avenue) 20 feet (north & South 32nd Avenue) 35 feet (east-Winpark Drive) Although the proposed addition meets the 20-foot side yard setback requirement on the north, the existing building is non-conforming as it is located 15.17' from the north side yard property line. If the site/building plans are approved, the applicant will need to obtain a variance for the expansion of a non-conforming structure. The need for the variance was not stipulated on the original application, however, as of this date the applicant has submitted the necessary fees and published notice should occur as soon as possible. The first J.R. Jones building was built in 1963. A second major addition followed in 1968. The most recent major addition was erected in 1980, all by the same owner. Unless adjacent vacant land is acquired and combined with this lot, this proposal would amount to a MAXIMUM site development. So Design and Review met with the petitioner on May 24, 1990, and expressed concerns regarding uniform color of building and addition, surfacing of parking area and curbing, drainage plan, landscaping, snow storage area, and lighting. Planning Case Report 90-15 June 15, 1990 Page -2- ANALYSIS The majority of the suggestions made by Design & Review have been incorporated into plans. Total parking required, based on 3 different uses (office, manufacturing, and warehouse), equals 108 spaces. The plan shows 91 spaces provided with area for an additional 25 spaces in the future (if needed) for a total of 116 spaces. Current number of employees is 55 and staff feels the parking plan is adequate as long as future expansion is possible. 0 Total building ground cover equals 53,880 square feet or 29% of total area. This meets the 40% requirement. Total green area equals 65, 041 square feet or 35% or the total area. This meets the 35% green area requirement. Number of new plantings proposed equals 48; 24 trees and 24 shrubs - see Landscape Plan for details. Staff feels this is adequate (and an improvement over original landscape). Security lights are shown on the east side of the addition as per Police Department recommendation. RECOMMENDATION Staff recommends approval subject to the following conditions: 4. 5. 6. 7. 8. 9. Ail block walls to be cleaned and painted in a harmonious way. All street frontages be sodded within 25 feet of curb and maintained. Parking layout be revised to show 8'9" x 19' stalls- white striped. Curbing be installed in all areas east of the building. 41" guardrail is required at loading dock. Dumpster enclosure construction is missing - 6-foot cedar should be detailed on elevation drawing A3. 48 new plantings are proposed, 24 trees and 24 shrubs- OK. City Engineer will review the new storm sewer work. Approval of variance- for expansion of non-conforming structure. Attachments: Site Plan Landscape Plan Floor Plans Elevations Mr. Riser said he given it consideration but had not ac~_~l ly pursued it because he had looked at sc~e similar additions in the neighborhood and that the single addition would he adequate and the contractors he had ~i.~_,_~_~4_ it with a~z-eed. C~tssic~_r Gundershaug questioned the size of the new door and if it would present a balar~md look. He c~.nt~ that he felt there was a need for more detail on what the petitioner was planning and w~dered if the petitioner's timeeahle w~lld allow a delay until more concrete details were presented. C~/ssio~er Oja wondered if the addition could be downsized to re~i~e less of a variance and still satisfy the needs of the petitioner. Omirman Cameron sugg~ that the ~mtitioner ¥~view his plan and possibly omsider h~tldir~ a double-car garage that would be ~ with a more specific and detailed plan. (]mairman Camerc~ questioned staff about why the front yard is designated on Boc~e Avenue since the house faoes Yukon, and if there are other like variances in that area. Mr. Donahue, City Manager, explained that the side with the shortest width is cz~sidered the front yard and there are a number of hc~es in the City with this problem. Motic~ by C~issic~.r Sonsin, secum~ by C~,,,dssioner Friedrid~, to table P~ Case 90-14 fc~ a period of c~e mooch. Voting in favor: PC 90-15 (3.3) Cha/xman Camerc~ ex~used himself frc~ the meetir~ at this point and R~3~"T P~ O~,~issic~er Gundershau~ assumed the Chair and called for Plannin~ Case S/~.,/~J~I~ 90-15. TO ~ ~ Mr. McDonald intruduced the request for site/k~3d~ng plan review to S~H~fI~ OF allow ~~-tion of a 64' x 115.33' two-level warehouse addition to Hlr~nIN~ A[~I- an existir~ building located in an I-1 Industrial District. He ex- TIC~ AT 3216 plaine~ that the ~ addition meets the 20-foot side yard setback because it is located 15.17 feet frc~ the north side yard property line and if the site/build/n~ plan is approved, a varianoe will be needed for the expansion of a non-conforming structure. He added that the petitioner is aware of the variance and has already submitted the necessary fees. He noted that Design and Review met with the petitioner and expressed concerns r~3amitng a number of issues and a mjority of their suggestions have been incorporat~ into the plans. C~,,~issi~ Cassen ask__~d if the addition would match the existing build/n~ in color and mt-rial, ar~ if the existing building would be New ~ope P~ C--.'"~-~::ion -3- JU~ 5, 1990 Jc~es Fixture Om%0any, and Fa] Pierce, Architect. He stated that the build~ will be cc~crete block and color will match the old ~Hlding, C~i~er Csssen asked if the new area wuuld have continuous Mr. Ma~owski res~ that the revised plan will shc~ bituminous O~,~ssioner Cassen questioned staff if cor~rete curbing is re~H~ed rather than bitu~. C~ssioner C~ssen expressed concern about a lack of sidewalk for employees frum the parking area to the k~]a~ng. Mr. Pierce stated that the revised plan shows a sidewalk around the drivin~ area so they will not have to walk c~ the driveway. C~maL~ssioner C~sse~ ~ a~ dum~ locatic~ and enclosure for it, if there is a snow removal area, and what lightir~ is planned. Mr. Malowski stated that they were working out details of the du~er enclosure with staff. Mr. Pierce pointed cut that the dumpier location was moved out of the parking lot area to a spot behind the r~taining wall and would have a 6-foot enclceure. He added that there are two ar~_m-~ for snow removal, plantings. He indicated wall lightir~ over the overhead doors, and O~.,dssioner Cassen questioned if there would be parking lot lighting for employees who leave after dark and what types of lights are used r~Dw. Mr. Malowski point~ out that there is a street light on Winpark Drive and 32nd which casts lighting over the lot, and they do not run a s~ shift so ther~ are never employees there late. He added that they have a wall-pack type lighting that is luminous and non- doors, k~t it does not seem to bother residents, which was a co~cexn of staff. Cum~ssi~m_rOusenask~d if anysignagewasplanned, and if acoess for trucks is sufficient. Mr. F~]owski c~m~_ntedthat no pylon signage is planned, and explained the movement of trucks in t hear ea. Ne~ Ho~e Plannir~ O..,~{-~ic~ -4- Jur~ 5, 1.990 C~,,~i~ Oja asked if the parking area was striped according to the new code, ar~ if there will be directional signs for employee and visitor parking. Mr. Malcwski res~__~_ affirmatively to the questions. Oa,,~sioner Oja questioned t_he lack of landscaping on the south side next to the building ar~ suggested sc~e 1~ shrubs be added to break up the lor~ look of the build/rig frc~ the residents' view. C~/~dssio~er Cassen referred to the green areas and wondered what will be seeded and what will be sodded, if it will be sprinkled and rain,a in g4, ar~ if any area will be left wild. Pierce pointed out the specific areas for sodding and seeding. Commissioner Gur~ersha~ asked the petitioner to oonfirm that all areas will be mowed and maintained, and also that additional shrubs or trees will be placed along the south side of the building. Assuranoe was granted that the areas will be sprinkled, mowed, and maintained, and new plantings added. Cu,,Ldssioner ~u~ called attentic~ to staff request for a 41" Mr. Pierce ~ that it will be O~issic~er ~ndershaug wondered what color the build/rig will be painted, and also brought up Design and R~view C~,,,.~ttee's concern regaz~ the dust collector. Mr. Malowski ~ that it will be painted a light beige or off white and will be a uniform color all around. He added that they had r~mar~be~ the dust collector and four~l cut that it has a ceramic- necessary to pr~ide m frequent ~intenance. He assured that it is in excellent cc~litic~ an~ b~ no rust, it is just a blue color. (l~t~si~r ~u~ ~ that bsmus~ of its visibility they o~sider paint~ it as it will add to the upgraded look of the C~/ssi= Gun~ershaug conf~ that parkir~ is adequate for the number of employees. N~ N Plannin~ CU--issim -5- June 5, /990 0 5. 6. 7. All street ~ be s~ldsd wi.thin 25 feet of cu=b ard ~aintalr~d. Pa~ la~ be r~wised to show 8'9" x 19" s~ll.~, ~hite 41" guaz~r~{1 m load/ll~ clock. 48 ~ ~ as pro~, 24 ~ ~ 24 shrube, plus addi~ sbrtt:~ c~ scuth side of Voting in favor: Absent: Casserl, Sonsin, Watschke None Zak, Cameron Frisdrich, Gundershaug, Oja, Mr. Dorkahue addressed the issue of a variance, stating that the new k~tild/ng additic~ was ccnfo~, but the old buildin~ was non- conforming. He noted that at the time the case was su~~, the ~ for a variance was not ~ since there was no survey provided to a non-conforming building cannot be expanded, He pointed cut that there were no variances given when the original build/rig was oon- structed. He explained that the petitioner bas suhnitt~_ the necessary fees for _a variance, but official notice b~ not been published at this time. He suggested that the variance be dealt with at a future meeting and after discussi~l with the Planner on the situation. PC 90-16 (3.4) C~,~issioner Gundershau~ called for Planning Case 90-16. C~TI~ USE P~T TO ATI ~9/ INS WO~SHIP SERVICES ~ R-1 ~ DIS~I~ICT AT 3/24 B0flqE Mr. ~lXx,ald s~arized the re~,_~t for a conditional use permit to allc~ Sunday morning worship services in an R-1 Single Family Residen- tial Zoning District. He explained that Holy Nativity Lutheran Church has been in New Hope for 25 years, but their chu~/~ was demolished to allow cormfcruction of a shopping center and they had currently secured new facility is reacly in October, 1990. He added that the c~l~ was not aware that a conditional use permit was needed to use the school, but they ~ba~_~ been cooperative with staff upon learning of this. He stressed that the oonditi~ use was tempos, but the rain ~ Pastor Gerald Wahl addressed the Cc~,,i.~ion and apologized for not being aware that a conditior~l permit was necessary. He noted that thi_~ will be ~_ only through tb~ ~ and into S~, and most programs are currently on Sunday mornings since strainer sd~edules are in effect. He assured that the 113 spaces in the parking area was adequate and that the school provided a custodian to open and close the New Hope p1 ~nir~ ~i.~ic~l -6- Jur~ 5, 1990 ~/kmmald, Management Assistant/C~L-L~nity Develc~anent Coordinator, explained that this was a ~ for an approval of a seven foct~ variance fr~ the r~,~ed 35-foot rear yard setback to allc~ fo~ the addition of a porch and a portion of the existing deck would be enclosed. Mr. MaDormld stated the Plannin~ C~,~dssion reviewed this RESOLUTI~ 90-117 It~ 8.1 adoption subject to approval of plans su~~ to staff: "RESOI]]TIC~ ~ ~ (~SE 90-13 R~'r~n~ A VARIAN(~ TO K~~ 35-FOOT ~ ~%RD SETB~( TO ~Tx~ A~ITIC~ OF A ~ AT 3541 ~ AV~K]E N~, (PID 19-118-21-11 0030). The motion for the adoption of the foregoing r~solution was seconded by Ccunci~ Williamso~, and upon vote being taken thereon; the following voted in favor thereof: Otten, Erickson, Enck, Williamson, L'Herault; and the following voted against the same: None; whereupon the r~solution was declared du!v passed and adooted, and was signed by the mayor which was attest~ to by the city clerk. PLA~r/A~ C~SE 90-15 It~ 8.2 Mayor Erickson ~ for ~-=3,~ion Item 8.2, Plan~ Cas~ 90- 15, _~3~.~t for Site/Building Plan R~view to Allow Construction of a Build/rig ~dition at 3216 Winnetka Avenue North, J.R. Jc~es Fixture ~y, Petitioner (PID 20-118-21 23 003). Kirk McDonald, Management Assistant/Community Develo~ Coordinator explaine~ this was a request for a site and build/n~ plan review to allow construction of a 64' x 115.33' two-level warehouse addition to the current buildir~ at 3216 Winnetka Avenue North. Mr. McDonald stated this building is locat~ in an I-1 limited ir~ustrial zoning d/strict. Mr. McDonald indicate_ there wms one problem disooverm~ after the application w-us suhni~--~ existing ~ng is n~-confozmLng because it is located app~tely 15 feet from the property line, therefore a variance will be needed for the expansion of a nc~-om~orming structure. He public hearir~ is scheduled for July 10, 1990. ~e Planning C~,...ission revie~s~ the ~ on June 5 and reo~L~ Site and Beview (k~ttee also discussed, a number of points May~r Ericksc~ ~ if J.R. Jc~es ~ould be able to start c~9~tru=~.ion before ~ ~~ ~ ~~ ~ ~Y- ~. ~~ Mayor ~icksc~ asks~ New Hc~e City Council ~ representative of J.R. Jooes to take the_ of the prupoeed om~-truction schs~ule. Mark June 11, 1990 90-118 'r~ 8.2 Comx:~ Enck irdircduced the following rmsolution ar~ moved its adoption subject to the approval of the necessary variance: P~ ~ ~O ~ (]~]C~/C~ OF A BOTTn~ AEI3ITIC~ AT 3216 ~ AVJ~]G~ ~, J.~. JC[~S, P~C~t (PID 20-118-21 23 0003)#. ~me motic~ for the adcsfci~ of the foregoir~ resolution was thereon; the follcm~ng voted in favor thereof: Erickson, Enck, Williamsc~, L'Herault, Often; and the following voted against the city clerk. 90-16 I~ 8.3 Mayor Ericksm ~ for discussic~ Item 8.3, Plan~ Case 90- 16, Request for Cc~ditic~al Use Permit to All~ Sunday Morning Worship Services in an I%-1 (Single-Family Residential) Zcnir~ Distric~ at 3421 Boc~e Averse NoxTh, Holy Nativity Lutheran Church/Gerald Wahl, ~m~.iti~'~r (PID #~9..-~1.S-21 21 0002). 9(}-11~ I~ 8.3 ~ 447 8.4 ~ ~ for d/scussi~ Item 8.4, Resolution Plans ard Spmcificatic~s an~ ~~ ~ for ~ ~~ ~. 447 (F~ ~m ~c~i~). Mr. D~mbue stated he. had a cc~y of the plans and specifications that ~mxm r~arly finalized. Mr. Donahue requested Council to give bids in by the July 26, 1990 co.ul:il memory. Counc~ Otten stated m of the ~or plar~ are subject to ~mange, but the June 11, 1990 CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: o 92-12 Request for A Planned Unit Development Conditional Use Permit and Site/Building Plan Review/Approval to Allow Front and Rear Building Additions at City Hall and A Conditional Use Permit for Deferment of Required Parking 4401 Xylon Avenue North 18-18-21-12-0005 R-1 (Single-Family Residential) City of New Hope May 1, 1992 May 5, 1992 BACKGROUND The petitioner is requesting conditional use permits and site/building plan review/approval to allow front and rear building additions at the City Hall and deferment of required parking. The City is proposing to construct a 1,120square foot 1-1/2 story front entry addition on the south side of the existing building, a 4,000 square foot second story addition above the existing police garages on the north side of the building and a 100 square foot entry/vestibule addition to the Police Department on the east side of the existing building. The front addition is being constructed so that an elevator can be incorporated into the front entry to provide access to both the lower and upper level floors for the disabled, in accordance with the 1991 American Disabilities Act (ADA), as the existing handi- capped access ramp is no longer in compliance with accessibility requirements. The existing ramp would be eliminated, the elevator would be installed just west of the existing entry steps, and the entire area would be enclosed with the existing vestibule/ automatic doors being relocated to sidewalk grade. A new metal roof (blue) would be constructed over the new entrance which would match the roofs at the new fire station and swimming pool bathhouse, essentially tying all of the City buildings together with similar roof colors. The new addition would include an elevator equipment room and storage area and a roof-top skylight would be installed over the currently open roof area on the east side of the entrance, with the two-story open area being utilized as an expanded lobby/waiting area/meeting space with Cable TV monitor. The rear second story addition is being constructed to add additional office space, storage space, and conference room areas. The existing lower level police garages constructed in 1973 were specifically designed to accommodate an upper level expansion. A staircase will be built at the north end of the addition and the lower level former firing range will undergo lead removal/decontamination and be renovated into four (4) additional police garages and storage space for the Park and Recreation Department. Planning Case Report 92-12 May 5, 1992 Page -2- 5. A small vestibule addition is proposed to be added to the Police Department on the east, which will contain automatic doors to accommodate handicapped persons and which will improve the energy efficiency of the area and increase adjacent lobby space. 6. A number of site improvements are also proposed with the additions including six (6) inch watermain connection to building on east side for future sprinkling, new storm sewer on west, new landscaping/benches/concrete walk and optional fountains, new entrance lighting, new signage and new trash/recycling enclosure at rear of building. 7. There are three specific zoning requests for the proposed additions: A. Site and Building Plan Review/Approval- required for all additions/new construction. B. Planned Unit Development Conditional Use Permit - the City Hall property is Zoned R-l, Single Family Residential, which allows for public buildings as conditional uses. The entire Civic Center area, including the City Hall, Fire Station, Swimming Pool, etc. is considered a planned unit development/ conditional use permit, thus a PUD amendment is necessary. C. Conditional Use Permit for Deferred Parking - the additional office area being constructed requires that additional parking be added, hoWever, due to the fact that no additional employees are anticipated the City is requesting a conditional use permit for deferred parking. The City Code was amended several years ago to allow deferred parking . Under this process, the required parking is shown on the plan, but is not constructed unless deemed necessary. D. ~- in addition to the above listed requests, the signage requested for the site and the applicability of the ordinance must be addressed (see Analysis). 8. Surrounding land uses/zoning include R-5 elderly housing (VOA) and K-Mart (B~4) to the east, swimming pool and fire 'station to the immediate south, and Norwest Bank (B-2) on 42nd Avenue, Civic Center Park to the immediate west, and R-1 residential across Zealand Avenue, and Civic Center Park and the cemetery to the immediate north and R-1 Residential on 46th Avenue North. 9. The topography of the site is flat with a minimal slope to the northeast. Surface drainage problems around the City Hall are addressed by the plan. 10. Two preliminary reports were prepared in 1991 (attached) regarding the addition over the police garages and the entrance remodeling/landscaping plan. The entrance plan was later revised to include an elevator to address ADA concerns. An informational meeting on these additions was conducted in October, 1991, by the Citizen Advisory Commission, and no negative comments were received. 1 I. The City Council has authorized this project to proceed up to the bidding process, which is scheduled to take place in July. The project is being bid in phases and with alternates, and depending upon the bids received, tlxe Council may or may not authorize proceeding with all or a portion of the project. The front entrance addition would be funded almost totally with Community Development Block Grant Funds (handicapped accessibility is one of the items for which the funds can be used). 12. Residents within 350' of the request have been notified and no comments have been received. Planning Case Report 92-12 May 5, 1992 Page -3- ANALYSIS The petitioner met with the Design & Review Committee on April 20th and the following issues were discussed: parking requirements, landscaping, lighting, signage, roof-top equipment, utilities, trash enclosure, and construction materials. Staff drafted a detailed list (enclosed) of items to be added to the site plan. Revised plans were submitted that include all recommendations made by Design & Review and staff. The Planning Consultant has prepared the enclosed report which addresses parking requirements, the building additions/height, landscaping, signage, setbacks, trash enclosure, and pedestrian circulation. Landscat}ing - the revised plan shows 75 new shrubs and trees to be added to the site in addition to the existing landscaping around the building (existing low-lying shrubs around entrance to be removed). Design & Review requested that additional conifers be added and 23 Junipers are included on the revised plan. The Planning Consultant has recommended that the azalea plants (16) be replaced with a more healthy plant that thrives in direct sunlight and staff is conferring with the City Forester and will have a recommendation at the Commission meeting. Architecture - the architecture of all the work matches the existing City Hall, while incorporating a new "blue-gable roofed entry" element which has been used in the other Civic Center buildings, pool bathhouses and fire station. This is consistent with our "Commercial Core Design Guidelines" adopted twelve years ago for "city center". A convenience benefit to the blue gable entries is the easy identification of the two access points for the public-Police on the east and Administration on the south. Many people have been baffled by what is where over the years. A more prominent sign at the main driveway will help even more in this regard. Clear readable address numerals will also be added. Rooftop equipment will be color clad to match the brown brick. A new cedar fence enclosure for trash and recycling containers is shown and already ordered. The elevator and some internal bathroom changes will make the building fully accessible to the disabled, meeting the requirements of the "Americans with Disabilities Act" (ADA). A complete analysis is underway for other needed improvements such as door hardware, etc, and is not included in these plans. Parking- the Planning Consultant has calculated that eight (8) additional parking stalls are needed for the office addition and the building official has calculated that fourteen additional spaces are needed. The plan is based on the higher calculation and shows a deferred parking area which could be constructed on the north side of the building. ~-please review the comments in the Planner's report regarding signage. Two monument signs are proposed at 75 sq_uare feet and 27 square feet (identifying the location of the Administration/Police facilities and Police Station, respectively). R-1 Zoning only allows one sign no larger than 20 square feet in area. This is a unique situation due to the fact that the City Hall is a public facility and the proposed signage is intended to clarify exactly where specific facilities are located. The existing ordinance does not clearly set a standard for public buildings located in an R-1 Zone. The three options that staff will be discussing with the Commission include: Planning Case Report 92-12 May 5, 1992 Page -4- A. Reducing the size/number of size to Comply with the current ordinance. B. Consider granting a variance in this unique situation. C. Table this part of the plan and research a text amendment to address public facilities in R-1 Zones (a study is already scheduled on another portion of the sign ordinance). Staff recommends option C. 7. Condition Use Permit Standards - A. Government buildings are allowed as a conditional use in an R-1 Zoning District provided that: Compatibility and Setbacks. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. Equipment Enclosed. Equipment is completely enclosed in a permanent structure with no outside storage. B. General criteria for conditional use permits includes: 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. Compatibility. The proposed use is compatible with its adjacent land uses. Performance Standards. The proposed use conforms with all applicable performance standards contained in City Code. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts. C. Residential Zoning District criteria for a conditional use permit includes: Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business of industrial uses leading directly to thoroughfares, and not onto minor residential streets. 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. Compatible Appearance . The structure and site shall have an appearance that will not have an adverse effect upon adjacent properties. Staff finds that the proposed additions are compatible with the existing structure, consistent with the Comprehensive Plan, and will not have a detrimental impact on surrounding property values. _ RECOMMENDATION Staff recommends approval of the Planned Unit Development Conditional Use Permit and Site/Building Plan Review/Approval for the proposed City Hall Additions and the Conditional Use Permit for Deferred Parking subject to the following conditions: Planning Case Report 92-12 May 5, 1992 Page -5- o o Under a deferred parking arrangement, 14 additional off-street parking stalls are constructed if the need arises. Consider substituting a different plant variety for the proposed azaleas within the entrance plaza. Amend the sign ordinance to address public building signage in a residential zone. Trash enclosure to be constructed of materials compatible with principal structure. Watermain brought to building to accommodate automatic fire sprinkler installation with 2nd story office addition. Replace existing equipment enclosure on west side of building with new cedar fence to match trash/recycling enclosure. Complete lead cleanup of former firing range prior to police garage renovation. Attachments: Topo/Zoning Map Design & Review List Parking Requirements Site Plan Survey/Utilities Landscape Plan/Schedule Floor Plans: Upper/Lower Building Elevations Detail Sheet Planner's Report Preliminary Feasibility Reports Geotechnical Report R.4 NORTH R)DGE CARE CENTER AVE. 4STN AVE HOMEWARD I]OUND COOPER HIGH SCHOOL NEW HOPE ELEMETARY CIVIC CENTER CiTY H&LL POOL FIRE STATION !.4 !.0 I-,1 R.4 SUNNYSIDE PARK R!-4 ARENA GETHSEMANE CEMETERY I-1 918.6 43 916.6 X -/ 9~3.9 X X 9~4.3 43 43 43 917.3 X 928.2 X 920 X POOL x-- --~x 923.0 DATE: TO: FROM: SUBJECT: CITY OF NEW HOPE MEMORANDUM April 21, 1992 Shari French, Director of Parks & Recreation Milt Powell, Architect, Bonestroo & Associates Kirk McDonald, Management Assistant/Community Development Coordinator Design & Review Committee and Staff Recommendations Re: Plan Changes for City Hall Addition The following list includes the recommendations made by the Design & Review Committee and staff at the April 20th Design & Review Committee meeting regarding plan changes/additions for the City Hall Addition (Planning Case 92-12). 1. State on the plan that materials used for addition (brick, etc.) will match existing building. Identify canopy material over front entrance. 2. Add quantity/number of plants/shrubs to landscape schedule and identify new and existing. 3. Show sidewalk from lower front patio connecting to theater sidewalk (access to public righg-of-way). 4. Add existing lights to plan (on building and in parking areas) and incorporate new entrance lighting into plan. 5. Add fountains (optional) and/or trees to entry plan and show fountain detail on detail sheet. 6. Add new corner signage to site plan and show sign detail on detail sheet. 7. Identify benches on site plan and provide detail. 8. Label retaining walls on site plan and provide detail. 9. Label masonry pillars on site plan and provide detail. 10. State on plan that roof-top HVAC equipment will be screened or painted to match building. 11. Show 6-inch watermain connection to building for sprinkling on east and new storm sewer on west. 12. Show new trash enclosure on site plan and show detail on detail sheet (contact Doug Sandstad). State type of materials to be used. 13. Add cedar fence around air conditioning units on west and show detail. 14. Show address on building. I would recommend that you discuss these changes with Doug Sandstad, Building Official, if you have any questions (531-5122). Please deliver revised plans to city Hall by Monday, April 27th. Planning Commission meeting to be conducted on Tuesday, May 5th. Dan Donahue, City Manager Doug Sandstad, Building Official Mark Hanson, City Engineer TO: KIRK McDONALD FROM: DOUG SANDSTAD DATE: MARCH 11, 1992 SUBJECT: PARKING REQUIREMENTS RESULTING FROM POTENTIAL CITY HALL REMODEL. I have reviewed the "concept" sketch for the front elevator and rear office (above garage) to determine what additional parking would be required on-site. No full scale detailed plans exist, yet. 14 additional parking spaces would be required on the basis of the following calculations and city code: REAHZnd STORY OFFICE: 3,700 (net) x .9 / 200 = 16.65 [Ground floor] - 4.0 (NEW GARAGES SPACES CREATED) FRONT ELEVATOR/ENTrY: 320 (lounge) sf x.9/200- 1.4 (balance is mech/hallway/token storage) 14.0 Spaces required Fourteen parking spaces, primarily needed for the north office could be easily added by extending our "north" lot with 14 stalls. This would involve minimal grading, 3,800 sq. ft. of asphalt and base and perimeter curbing as illustrated on attachment "0". 00 0 HR CONO~IONE~ EXlb"nNO D~T,N L M/~ML LANDSCAPE PLAN PLANTING SCHEDU'L~' LOCt~T ~ ~/~ 8/8 LOWER LEVEL FLOOR PLAN  1 UPPERLEVEL FLOOR PLAN NORTH ELEVATION WES'I' ELEVATION SOUTH ELEVATION EAST ELEVATION ~'~-~"' ~ "'5 I ' ~ ' · : i...' ~.~ ~. ~: . - ::~ , w ~ ~ ....... ~ .......... IEIIIlffil ..:, : -..:, '.?.:- I ' i 0 SCREEN D~AIL 0 T~SH SCREEN D~AIL 0 TRASH SCREEN D~AIL ~ FOUNTAIN D~AIL I X U R B A P L N G · D N · M A R K E T Inc. RESEARCH PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDonald Robert Kirmis/Alan Brixius 30 April 1992 New Hope City Hall Expansion 131.00 92.12 EXECUTIVE SUMMARY BACKGROIIRD: Plans have been submitted to construct three additions (totalling 4,900 square feet) to the New Hope City Hall located west of Xylon Avenue and north of 42nd Avenue North. The said expansion is to include the construction of a 4,000 square foot wing on the facilities north side, 800 square foot addition to the City Hall's south entry, and a 100 square foot vestibule addition to the Police Station entry. The proposed north wing addition is to lie atop the existing Police Station parking garage and incudes area for offices, conferences and storage. The south entry addition has been prompted by a desire to improve handicap access to the City Hall and is to include an elevator, storage area and expanded foyer. The Police Station entry vestibule will improve the energy efficiency of subject structure while increasing adjacent lobby space. The City Hall property is zoned R-I, Single Family Residential which allows public buildings as conditional uses. The entire Civic Center Campus, which includes the City Hall, Fire Station, swimming pool, etc. is considered a planned unit development/CUP. As such, a PUD amendment will be necessary. Attached for reference: Exhibit A - Site Location Exhibit B - Site Plan Exhibit C - Landscape Plan Exhibit D - Floor Plans Exhibit E - Building Elevations Exhibit F - Details 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 RECOMMENDATION: Based on the following review, our office recommends approval of a PUD conditional use permit amendment to allow the proposed City Hall expansion. Approval should, however, be contingent upon the fulfillment of the following conditions: Under a deferred parking arrangement, eight additional off- street parking stalls (as required by Ordinance) are constructed if the need arises. Consideration is given to substituting a different plant variety for the proposed azaleas within the pedestrian plaza. It is questioned as to whether the plant will survive in an area where very little shade is provided. Either the proposed signage is modified to conform to the ordinance's most applicable signage requirements, or an amendment .is pursued to more appropriately address the type of signage which is being proposed. The proposed trash enclosure is constructed of materials judged as compatible with the principal structure. 5. Comments from other City staff. ISSUES ANALYSIS Off-Street Parkinq. The New Hope Civic Center Park Complex holds a variety of uses with differing off-street parking requirements. Currently, the site's existing uses hold a literal parking demand of 289 spaces as shown below (93 spaces for outdoor theatre/City Hall): Use Required Parking Outdoor Theatre/City Hall Fire Hall Swimmin9 Pool Community Park 93 52 58 86 TOTAL 289 Spaces In past review, it was determined that the site's existing supply of 265 spaces was found to be acceptable in consideration of the shared and overlapping nature of the site uses and events. The combined 93 stall requirement for the City Hall and outdoor theatre is responsive of the differing off-hour peak demand situation which exists between the two uses. 2 The said 93 stall off-street parking requirement for the City Hall/outdoor theatre was calculated as follows: Use Ratio City Hall (16,800 SF X .9) Outdoor Theatre (280 Seats) 3 plus one for each 200 square feet of floor area OR At least one parking space for each three seats based on the design capacity of the main assembly hall Requirement 79 93 Considering that the forementioned off-street parking requirement of 93 spaces relates to an expectant peak demand for the outdoor theatre rather than the City Hall, a 14 stall surplus would appear to currently exist for the City Hall. In consideration of the proposed City Hall expansion (4,900 square feet), an off-street parking requirement of 101 spaces would exist as calculated below. Us e Rat i o Requirement City Hall (21,700 SF X .9) Three plus one for each 200 square feet of floor area 101 To meet minimum ordinance requirements, it appears that 101 off- street parking stalls (or 8 additional stalls) should be provided for the City Hall/outdoor theatre. In response to this stipulation, the City has requested a deferred parking arrangement. As a consequence, the submitted site plan illustrates an ability to construct 14 off-street stalls to the north of the proposed City Hall addition. Considering that the proposed City Hall expansion will not, at the present time, result in the hiring of any additional employees, it is not anticipated that off-street demand will escalate. In this regard, the requested parking deferment arrangement woUld be considered acceptable. In a deferred parking arrangement, the City would not be required to construct additional parking unless the need presents itself. Buildin~ Additions. As mentione~ previously, the proposed City Hall expansion is to include a 4,000 square foot addition to the north side of the facility, an 800 square foot addition to the south entry, and a 100 square foot vestibule Police Station 3 entrance. The proposed north wing addition is to lie atop the existing Police Station parking garage and is to include area for offices, conferences and storage. The south entry addition has been prompted by a desire to improve handicap access to the facility via the installation of an elevator. The Police Station vestibule would simply improve the structure's energy efficiency and provide additional lobby space. From a visual standpoint, the proposed additions are considered.to be highly compatible to the existing City Hall structure and are to be finished in brick which is to match the building's existing brick work in terms of color, style and pattern. In addition, the building's roof top equipment screen is to match that which currently exists on the existing structure (metal standing seam) Buildinq Helqht. At 20 feet in height, the proposed building addition is to match that of the existing structure. The said building heigh~ complies with the maximum height allowed with the site's applicable R-1 zoning (2 1/2 stories). Landscapinq. The proposed building addition incudes a provision for a pedestrian court/plaza adjacent to the City Hall's south entry. The said court is to include pedestrian seating, fountains, and landscaping. The inclusion of the pedestrian court is considered highly positive, both from a functional and visual standpoint. As noted on the landscape plan (Exhibit C), the court area is to include a variety of planting types, including species of juniper, and azalea. While the proposed plantings appear well placed, some concern exists in regard to the azalea plants ability to sustain in an area where very little shade is provided. As such, consideration should be given to replacing the azalea plantings with a more healthy plant variety which thrives in direct sunlight. Sicrna~e.. As shown on the submitted site plan, two monument type signs are to be constructed in association with the City Hall expansion. To the southeast of the City Hall, a 75 square foot sign illustrating the City logo and directional elements (identifying the location of administration and police facilities) is to be provided. To the east of the City Hall, a 27 square foot directional sign identifying the Police Station is provided. In review of the City Sign Ordinance, it is apparent that specific regulation of the type of signage being proposed is not offered. Because the subject property holds a residential zoning designation (R-l), the application of commercial signage requirements is not considered appropriate. In response to this condition, the following options appear to exist: 4 Consider the proposed signage as "accessory to churches, schools or non-profit institutions" If such a definition is utilized, signage would be regulated by Section 3.463 of the Sign Ordinance which states that: Not more than one sign per lot is permitted (except on corner lots). o No sign shall exceed twenty (20) square feet in area.~ Such signs shall be setback from the street line at least one-half the minimum 30 foot setback specified in zoning district. While the proposed signage does meet required setback requirements, they fail to meet maximum allowable sign area and exceed the maximum number of signs allowed on the subject property. Amend the Sign Ordinance to specifically address institutional, non-commercial public and semi-public uses. If pursued, the maximum sign area could be directly related to site area. If the City wishes to impose the most applicable existing sign regulation (pertaining to non-profit institutions), then a single sign not exceeding 20 square feet in size should be provided. If however, the City feels that item 1 above does not adequately address the signage in question, an amendment should be pursued. Setbacks. As noted previously, the proposed building addition is to lie atop the existing Police Station garage. As such, the building addition meets applicable 30 foot R-1 setbacks for front yards. Trash. The submitted site plan indicates that trash handling activities are to occur within a enclosure on the northeastern side Of the City Hall facility. The proposed containment of facility refuse is considered highly positive. The said enclosure should, however, be constructed of materials judged compatible with the City Hall structure. Liqhtin~. Based on the received plans, it appears that the only new exterior lighting to be provided as a result of the City Hall addition is to be in the form of Bollard Lights within the pedestrian court/plaza. The said lights are to be low lying and should not inflict any glare upon the neighboring residential properties or adjacent street rights-of-way. 5 Pedestrian Circulation. Due to the anticipated sharing of off- street parking facilities, it is important that proper pedestrian connections are provided from the parking lot to both the City Hall and adjacent outdoor theatre. At the recommendation of the Design and Review Committee, a sidewalk connection has been provided between the outdoor theatre and adjacent pedestrian sidewalk. Additionally, a sidewalk connection is also provided between the theatre and City Hall pedestrian plaza. CONCLUSION Generally speaking, the proposed City Hall expansion is viewed as highly positive, particularly the integration of the pedestrian plaza. As such, our office recommends approval of a planned unit development CUP amendment to allow the construction of the various facility expansions. Approval is, however, to be contingent upon the conditions listed within the Executive Summary of this report. pc: Dan Donahue Shari French Doug Sanstad NEW HOPE CITY HALL REMODELING AND ADDITION - EAST ELEVATION FEASIBILITY REPORT NEW HOPE CITY HALL EXPANSION DRAFT COPY MARCH 5, 1991 FILE NUMBER 34124 f~'a~ Bonestroo Rosene I_11 ~lAnderlik & Associates Engineers & Architects St. Paul, Minnesota I. INTRODUCTION Purpose This report examines the two separate areas, first, the feasibility of converting the abandoned police firing range. This area will become the extra garage and storage for the police department. Second, the feasibility of adding a new upper floor above the existing garage. Conclusions The conclusions drawn are that both projects are feasible and economical. We recommend bidding both projects together. Contents This report contains three pnrts. Each building portion will be examined separately in all areas. First, the project's scope will be described. Next, planning and design issues will be discussed. Finally, a cost estimate is included. 34124rpt 34124rpt Garage Renovation 1. II. DISCUSSION Description: The firing range is to be abandoned. In its place will be expanded garage and storage space for the police department, circulation for this area is to be separated from the rest of the building. (See Figure 2). Issues: a. A proposed staircase for the upper floor must be isolated from the police functions. This will provide the security necessary. b. The garage must allow easy access for police vehicles. c. It is necessary to minimize expensive remodelling. It is required to do structural modifications. Those modifications should not make the cost prohibitive. Cost Estimate: Garage Renovation $20,000 - $40,000 Note: Cost estimates current as of January 1991. Future construction must allow for inflation. Upper Floor Addition 1. Description: There is need for additional specialized rooms adjacent to the council chamber. First there is a council room for the private council 2 functions. Second, there is a room for the cable TV equipment used broadcasts of council meetings. Finally there is a room which provides access to the roof. Besides these spaces the majority of the addition is comprised of open office space. A new staircase is included to meet the required emergency egress requirements. (See Figure 3). Issues: a. The corridor floor loading is greater than the existing deck's capabilities. To accommodate the extra weight, additional columns and beams are added. They are placed at the middle of the span, beneath the floor. This halves the distance that the deck is spanning. b. The state bt, ilding codes requires two exits from the office area. Therefore, additional staircase must be added. This staircase has to exit to the exterior. The state code also establishes the required number of plumbing Co fixtures. These are adequate even with the additional space. d. The addition will match the architecture of the existing city hail. Figire 1). Cost Estimate: Upper Floor Addition $200,000' - $250,000 (See Note: Cost estimates current as of January 1991. Future construction must allow for inflation. 34124rpt 3 III. SUMMARY A. Garage Renovation There are three benefits to this renovation. First is the addition of interior parking. There are eleven parking stalls in this design. (See Figure 2). Of the eleven stalls, four are new. The second benefit is storage. The design adds usable storage space. The final benefit is separate access. The police areas remain separate from other city activities. B. Upper Floor Addition The primary benefit of this addition is additional space. There is added council space and new office space. Another benefit is that the new addition matches the existing building's architecture. The abundant natural light is also a big plus. Finally, the addition meets building code criteria for restroom facilities' and existing. 34124rpt NEW HOPE CITY HALL REMODELING AND ADDITION - EAST ELEVATION /'t/!/! ~ Rosene ,~rtderllk & IOll-O" ~.VIDCNC~ ~*-0m ~ Zg.'-Od AND 1 I I I I I I I , 41'-Gm x I~'oGd I NEW HOPE CITY HALL REMODELING - LOWER FLOOR I~OJI~r..,T NUH6CP 0124 IG ]~ Bonestroo '~--~ ,~d't, derJik & AssocJates IOll-OII covNcaL, ZO~ ,~ iZ~ NEW HOPE CITY HALL REMODELING - UPPER FLOOR APPENDIX A BUILDING DESIGN DATA - EXPANDED CITY HALL Occupancy Load Upper Floor Main Floor Existing A 1290sf/15 =90 B 5270sf/100=50 B 6560sf/100=70 New B4,040sf/100=40 B4,040sf/200=20 Total 130 50 Occupancy Type Total Occupancy Load 270 Council Chamber A.3 1,290 Offices B2 15,870 Garage/Storage B 1 4,040 sf sf sf Construction Type Exits Fire Walls Loads Mechanical 34124rpt Total II-N Noncombustible-Unrated Allowable Areas A.3 B2 B1 Note: Site preparation & two-story increases. 2 required - total width 5.4' I hour occupancy wall at B2/BI (also ceiling). Office Floor 50 psf Roof Load 40 psf Wind Load Exit Floor Plumbing Men (55) Women (55) 21,200sf/200 = 110 Occupants 4 we/urinals 3 Lavs 4 wc 3 Lays Ventilation A.3 & B.2 5 cfm B.1 15 cfm 3/4 cfm/sf sf = Square Feet 21,200 sf 36,200 sf 48,{}00 sf 48,000 sf 100 psf exhaust/occupant circulated/occu pa n t exhaust Electrical Acoustics Heat Loss Heat Gain Lighting Power STC 45 4,090 sf x 10' x 6 Btuh = 4,040 sf x 43 Btuh = 60 FC (3 Watts psf) 1.2 Watts psf (100sf/receptacle) Office/Office Reverberation Time 0.3-0.6 sec. sf -- Square Feet 242,000 Btuh 173,000 Btuh 34124rpt 6 REPORT NEW HOPE CITY HALL REMODELING AND LANDSCAPING NEW HOPE, MINNESOTA 1991 COPY FILE NO. 3~131 ,r~ Bonestroo Rosene Anderlik & Associates Engineers & Arcl~itects St, Paul, Minnesota TABLE OF CONTENTS Transmittal Letter & Certification Table of Contents Goals, Objectives and Conclusions Discussion Phasing and Cost Estimate PAGE NO. 1. 2. 3. 4. 5. ILLUSTRATIONS Figure 1 - Existing Conditions - Plan View Figure 2 - Preliminary Study - Option A - Plan View Figure 3 - Preliminary Study - Option A - Cross-Section Figure 4 - Preliminary Study - Option B - Plan View Figure 5 - Preliminary Study - Option B - Cross-Section Figure 6 - Preliminary Study - Details Figure 7 - Sign 34131 - 2 - GOALS. OBJECTIVES AND CONCLUSIONS The goal of this project is to improve the appearance of the existing City Hall. Areas to be addressed include: * Overgrown landscaping clutters entryway * Relocate seulptur~ to a better setting * Improve scale of entrance so building makes good first impression on visitors * Existing handi.eapped ramp does not meet code * Existing access bridge shows some signs of weathering * Current signage does not clearly direct visitors The end result is a masterplan for improving the City Hall entrance. The masterplan phases the construction, landscaping and other improvements over time. This allows the work to be done within economic limitations. Two options wbre considered for the masterplan's architectural design. Option B was chosen for the masterplan. It is slightly less expensive and creates a greater sense of openness. Both options are listed under "Illustrations" at the end of the report. 34131 - 3 - DISCUSSION This section discusses the architectural response to issues. Issues were identified under "Goals, Objectives and Conclusions." Two options are discussed for some architectural features. The chosen architectural design is summarized. A phasing plan is proposed. Architectural responses are as follows: Overtrown Landscanin_t: Existing shrubbery trimmed back (see Figures 2 and 4). The existing crab tree is removed. New shrubs are proposed. They will consist of several species. The goal is to add some color at all seasons. A new tree is proposed west of the stairs. All new plantings will be located to maintain a clear view of the building and a sense of "openness" at the entry. Relocate Scutptu~: Sculpture blocks traffic flow at: present. Proposed location is in planter west of Stairs (see Figures 2 and 4). This maintains public exposure from both stairs and handi-capped ramp. Improve Scale of Entrance: The existing entrance has two different scale problems: 1. Overgrown trees and shrubbery create cluttered feeling. 2. Steep entrance stairs create intimidating first impression. The architectural response in each case is as follows: 34131 - 4 - Problem.'. Cramped feeling Solution: Open up entry A new sidewalk is proposed. It creates an unimpeded flow of circulation to the stairs. Shrubbery and landscape details, such as benches, are placed at the sides of the sidewalk rather than the middle. This preserves the benefit of the details while maintaining a smooth traffic flow. The new sidewalk would have colored concrete and a decorative surface texture. As previously noted, existing shrubbery and trees will be trimmed back or removed. New plantings will maintain the sense of "openness" and frame the building view. 34131 Problem: Intimidating Feeling Solutiola: Soft, Human Scale A new stairway design is proposed (see Figure 3). The new design has an intermediate landing. This offers a "break" and eliminates the imposing view of steep, uninterrupted'stairs. An easier 6" rise/13" run proportion is proposed for the new stairs. This is more typical for outdoor stairs. Fountains are suggested as another means to add a "human" touch. The sound of running water has a soothing effect to welcome people to the building. The columns flank the sidewalk. This reinforces the sense of space by creating a gateway effect. If a fountain proves too expensive, pyramidal - plantings can at least maintain the gateway effect (see Figures 2-6). A canopy is proposed to accent the entry. The canopy will create a sense of place and orientation. It will also act as a unifier. The canopy design relates to all of the other municipal buildings on the site: brick pillars match city hall brick, canopy sh,qpe derived from outdoor theater, blue metal roof rm~tches new bath house. A strong first impression of orientation and shelter avoids a cold, impersonal effect. Furthermore, the canopy covers the steps. This reduces snow, ice and wetness that can cause a hazard. The outdoor space south of the stairs is also remodeled. It maintains its basic size and location. However, its box-like shape is altered. The north and west walls are made irregular in shape. Benches are built into wall recesses. Plantings surround the space on three sides (see Figure 2 and Figure 4). This creates an inviting outdoor "room". It can be used by employees and visitors. Existing, Handi-Caooed Ramo A new handi-capped ramp is proposed. The existing handi-capped ramp does not meet the current building code. It has a slope of 1:12. The maximum allowable slope is 1:20 for handi-capped circulation out-of-doors. The new ramp is located west .Of the entry (see Figure 2 and Figure 4). It will be built out of reinforced concrete. A planter edges the ramp on three sides. This softens the architectural effect of the ramp. The City building inspector has questioned the need for a new ramp. A new nation- wide code may be proposed for handi-capped access. This national code allows 1:12 slopes for exterior handi-capped ramps. Building a new ramp should be deferred until this issue is settled. A new ramp is expensive. This money should not be spent unless absolutely necessary. 34131 - 6 - Existinf Access Bridle A new concrete finish is proposed for the access bridge. It would be colored and textured with a decorative pattern to match the proposed sidewalk. Current signage does not clearly direct visitors to their destination. A new sign is proposed for the corner east of the main entry (see Figure 7). It features the City logo as a theme. Arrows clearly indicate the direction of the police entry and the main (administration) entry. The sign will be made from bricks that match City Hall. It will be raised on a slight berm to increase its visibility. Uplights provide night visibility. A small canopy is proposed for the police station entry. It will echo the shape and color of the main canopy. Landscaping will also be provided north of the police entry. The object is to create a good "first impression" for the police department and to clearly mark the entry. Architectural Desifn Options Two designs were prepared for your project. The difference is the canopy design and the location of landscape details. Option A (see Figures 2 and 3) has the new canopy located in front of the existing canopy. The benches and brick bollards begin 8 feet north of the existing sidewalk. 34131 - 7 - Option B is more spacious (see Figures 4 and 5). The new canopy is partly built on top of the existing canopy. The benches are moved out to the very edge of the sidewalk. This creates a more open feeling in the space in front of the canopy. Preferred Option Option B is the preferred option. It will form the basis for the masterplan. This option was selected because: 1. More Spacious Forecourt: The greater sense of openness found in Option B is more consistent with project goals. Less Cost: Integrating the new canopy with the existing canopy means slightly less construction cost. Maintains Function: This option maintains the smooth circulation flow, usable outdoor space, strong orientation and convenient handi-capped access that make the project work. 34131 - 8 - PHASING AND COST ESTIMATES Economic restrictions make phased construction necessary. The project components are grouped into logical "packages". Priorities are assigned according to the cities' wants and needs. Estimated costs are assigned to each package. The Master Plan consists of Architectural Design B and the Phasing Plan listed below: PI:IASE I SIDEWALK. STAIRS. CANOPY Demolition Colored Concrete Sidewalk Patched Concrete Sidewalk Brick Bollards Benches New Concrete Stairs · Brick Pillars at Canopy Roof Frame at Canopy Steel Roofing & Soffit at Canopy Shrubs Trees Subtotal $5,000 7,000 1,000 2,000 6,000 3,000 2,000 1,000 3,000 5,000 1,000 $36,000 General Conditions (25%) Contingency (20%) TOTAL ESTIMATED CONSTRUCTION COST 9,000 $55,000 34131 - 9 - Foundation, Masonry & Signage Policy Station Canopy & Landscaping General Conditions (25%) Contingency (20%) TOTAL ESTIMATED CONSTRUCTION COST $15,000 5,000 5,000 5.000 $30,000 PI:IASE 3 FOUNTAINS Foundation, Masonry & Fountain General Conditions (25%) Contingency (20%) TOTAL ESTIMATED CONSTRUCTION COST $20,000 5,000 5.000 $30,000 PFsASE 4 I:IANDI-CAPPED ACCESS RAMP Concrete Ramps Concrete Walls & Footings Landscaping General Conditions (15%) Contingency (15%) TOTAL ESTIMATED CONSTRUCTION COST $2,000 55,000 3,000 10,000 10.000 $80,000 Please note that construction cost estimates are expected to be accurate within 10-20 percent. They are current as of summer, 1991. The Architectural Commission is not included. The costs of soil tests and surveys are also extra. 34131 - 10- ~/,'?/?! ; .' / ~".~,,. ',.~'~..=. ____..__~ · ~.__~,.... i ' ~'~'" ,""t"" .,,,.r,,.. EXISTING CONDITIONS - PLAN VIEW .. ,.- - ....- FIG.] ? ~ 9 ~-~9 1/11 F-LLeI~LII, I -:- TOO ~i~-~-F ~ iNT~M~D/~TI/0{/ . ?6LIOE fi=NTI~ C/~.l~ ............. ' I E _ . ~ I Illlllli Illllll ~~VT~ / ~D M?~ F~FOSED ~TIOH ~ T~ ~ ,U PRELIMINARY STUDY -OPTION A - CROSS SECTION m m m PRELIMINARY STUDY - OPTION B -~AN ~EW Ililil~l II11 IIIII I ~ ~ ~0~ ~IEN~LY. ~'*"* ~' I~-~ I '~'-" ~ ~ELIMINARY STUDY - OPTION B ~__CROSS SECTION ,.,.~, ...... ~-I~-~1 ~P lU=lOt 34151 p~ ~p~',' ~N .......... FIG.5 SIGN GEOTECHNICAL EXPLORATION AND REVIEW FOR CITY HALL ADDITIONS NEW HOPE, MINNF.3OTA AET g92-792 PREPARED FOR: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES 2335 WEST HIGHWAY 36 ST. PAUL, MN 55113 APRIL 10, 1992 ENGINEERING ~ESTING, I~C, April 10, 1992 City of New Hope c/o Bonestroo, Rosene, Anderlik & Associates 2335 West Highway 36 St. Paul, MN 55113 Attn: Jerry Pertzsch Geotechnical Exploration and Review City Hall Additions New Hope, Minnesota AET ~t92-792 Dear Mr. Pertzsch This is our report on the subsurface exploration program and geotechnical engineering review for the proposed New Hope City Hall-additions. We are sending you four copies of our attached report. This report documents the exploration/test results and provides our opinions and recommendations to aid you and your design team in planning and construction of the project. Please do not hesitate to call if you have any questions about the report. I can also be contacted for arranging construction observation and testing services during the actual earthwork phase. Sincerely, Steven D. Koenes, PE Principal Engineer Phone: (612) 659-1304 Fax: (612) 659-1379 SDK/sk 2102 University Ave. W. · St. Paul. MN .55114 · 612-659-9001 · Fax 612-659-1379 GEOTECHNICAL EXPLORATION AND REVIEW FOR CITY HALL ADDITIONS NEW HOPE, MINNESOTA AET #92-792 CONTENTS Page SUMMARY ............................................. 1 Purpose ............................................. 1 Scope of Services ....................................... 1 Findings ............................................. 1 Recommendations ....................................... INTRODUCTION ......................................... 2 Scope of Services ....................................... 2 PROJECT INFORMATION ................................... 3 SITE CONDITIONS ........................................ 4 Surface Observations ......................... ; ........... 4 Subsurface Soils/Geology ................................... 5 Water Level Measurements ................................. 5 LABORATORY TESTS ...... -~ .............................. 6 ENGINEERING CONSIDERATIONS ............................ 6 Review of Soil Properties ................................... 6 Review of Ground Water Conditions ............................ 7 Discussion ............................................ 7 RECOMMF~NDATIONS ..................................... 8 Building Grading Procedures ................................. 8 Foundation Recommendations ................................ 9 Floor Slab Support ....................................... 10 Perimeter Backf-fll ....................................... 10 Elevator Pit Backfilling - Water Control .......................... 11 Potential Construction Difficulties .............................. 11 CONSTRUCTION OBSERVATION AND TESTING ................... 12 CONTENTS PAGE 2 Page EXPLORATION PROCEDURE~ ............................... 12 Boring Location/Elevation Data ............................... Field Sampling/Testing Methods .............................. Classification Methods .................................... 13 Sample Storage ......................................... 13 EXPLORATION PROGRAM LIMITATIONS ....................... 13 STANDARD OF CARE ..................................... 14 APPENDIX Boring Location Sketch Logs of Test Borings Field Sampling and Test Methods Boring Logs: Abbreviations, Notations and Symbols Identification of Soils Soil Identification and Description Geologic Terminology Boring Logs: Ground Water Information GEOTECHNICAL EXPLORATION AND REVIEW FOR CITY HALL ADDITIONS NEW HOPE, MINNF_3OTA AET g92-792 SUMMARY Pu _rpose You are proposing to construct additions to the existing City Hall in New Hope, Minnesota. The purpose of our work on this project is to obtain subsurface information, and based on this data, prepare a geotechnical engineering report presenting comments and recommendations to assist you and the design tcarn in planning and construction of the project. Scope of Services To accomplish the above purpose, you have authorized our fu'm to drill two test borings, perform laboratory tests, and furnish a geotechnical engineering report. Findings The two test borings indicate a generalized soil profile of sUrflcial fill and topsoil extending to depths of 2' to 4' below existing grade and then clayey sand glacial till to the depth of our borings. Sources of ground water were noted at a depth of about 51/2, below grade at Boring #1. Recommendations These recommendations are in condensed form for your convenience. It is important you study our entire report for detailed recommendations. The south addition can be supported on spread footing foundations designed for an allowable bearing capacity of 3000 psf. Foundations should extend through the existing fill, topsoil and any soft glacial till soils to bear on the f~rmer underlying glacial till. · Fill and topsoil should be excavated from the floor slab area. · It is our judgment the soils supporting the existing foundations in the north 100' of the building should be capable of sUpporting the planned loading increase to 2600 psf. AET #92-792 - Page INTRODUCTION You are proposing to construct two additions at 4401 Xylon Avenue North in New Hope, Minnesota. Further, you have authorized American Engineering Testing, Inc. (AET) to conduct a subsurface exploration and provide geotechnical engineering recommendations for your project. This report presents the field information we obtained at the site, and also our engineering recommendations. To protect you, AET, and the public, we authorize use of opinions and recommendations in this report only by you and your project team for this specific project. Contact us if other uses are intended. Even though this report is not intended to provide sufficient information to accurately determine quantities and location of particular materials, we recommend that your potential contractors be advised of the report availability. Sco_m~ of Services Our scope of services for this project was presented in our proposal letter dated March 12, 1992. Our work on this project was authorized by your acceptance of this proposal on March 23, 1992. A review of our agreed-upon scope of services is as follows: · Drill two standard penetration test borings to depths of about 26' below grade. · Perform a limited amount of geoteclmical laboratory tests to aid in classifying the soil types and predicting soil properties. Prepare a formal engineering report which includes logs of the test borings, a sketch indicating boring locations, presentation of soil and ground water conditions, the laboratory test results, and our geotechnical opinions and recommendations regarding the following: AET ~2-792 - Page 3 Grading procedures to prepare the south building area for structural support, including comments on the suitability of the on-site soils for reuse as fill Foundation types and depths, including allowable soil bearing capacity and estimates of foundation settlement Ground floor slab support, including recommendations on the need for a vapor or capillary water barrier Backfilling procedures with drainfile recommendations and estimates of lateral earth pressures Feasibility of increasing loads on existing foundations in the north end of the building to 2(:~0 psf Comments on other items which may affect performance or constructability, such as frost he~ve or drainage considerations The scope of our work is intended for geostructural purposes only. TI'Lis scope is not intended to explore for the presence or extent of environmental contamination at the site. PROJECT INFORMATION Two additions are planned to the New Hope City Hall located at 4401 Xylon Avenue North in New Hope, Minnesota. The addition at the southwest comer of the building will be two-story construction and will include an elevator. We understand the walls of the addition will be masonry construction, to match the existing building. The lower floor will be at 917.0', which is 1' lower than the existing floor slab. The elevator pit will extend to elevation 913'. Bearing wall loads for this addition are expected to be less than 5 ksf. AET//92-792 - Page We understand the original building is supported on spread footing foundations designed for an allowable bearing capacity of 2500 psf. Subsequent additions have been designed for bearing capacities of up to 3000 psf. The planned addition in the north end of the building is to add an additional floor level over the garage. We understand this addition will be 100' (north-south) by 40' (east-west). The additional loads will result in new foundation bearing pressures of 2600 psf. The existing footings in this area vary from elevation 911.5' in the north to 909.5' in the southern part of the addition. Our foundation design is based on attaining a factor of safety of at least 3 with respect to localized shear or base failure of the foundations. In addition, we assume allowable total and differential settlements of 1" and 1/2", respectively. The presented project information represents our understanding of the proposed construction. This information is an integral part of our engineering review. It is important that you contact us if there are changes from that described so that we can evaluate whether changes in our recommendations are appropriate. SITE CONDITIONS Surface Observations The soil borings were drilled adjacent to the existing City Hall building. The south addition area is landscaped with trees, shrubs and grass. The surface elevations at the boring locations ranged from 917.1' to 917.5'. AET ~2-792 - Page 5 Subsurface Soils/Geology We have included the boring logs of the test borings and a boring location sketch in the Appendix. We refer you to these logs for specific information concerning soil layer depths, soil/geology descriptions and density/consistency, based on the penetration resistance. It is important to note that the subsurface conditions only indicate the material classification/properties at the sampled locations and variations do occur between and beyond borings. Based on our interpretation of the available boring information, it is our judgment the generalized soil profile consists of surficial fill or topsoil extending to depths of 2' to 4' below grade, and then clayey sand glacial till to the depth of our borings. The fill includes both granular and cohesive soils. Some of the fill is black indicating an organic content. Concrete is also present within the fill at Boring//2. Organic lean clay topsoil or fill is present between a depth of 2' and 4' at Boring//1. This material is black in color. The glacial till soils present at the site are clayey sands. These soils vary from very soft to hard, based on the penetration resistance (N-values). Generally, the softer till soils are located in the upper portion of the profile. Water Level M{~surements During our drilling operations, we probed the boreholes for the presence of ground water. The results of these measurements are noted on the attached boring logs. Based on our interpretation of the water level data, it is our judgment the water level at this site may be as shallow as about 51/~' below existing grade. The majority of the soils encountered are relatively impervious; therefore, an extended period of time would be necessary for water levels to stabilize within the AET//92-792 - Page boreholes. Long-term monitoring of water levels is beyond the scope of our work. Fluctuations in the ground water table should be expected both seasonally and annually. The attached Appendix sheet entitied "Boring Logs: Ground Water ~formation" provides additional information on ground water level measuring. LABORATORY TESTS Physical laboratory tests were performed on selected samples to aid in judging engineering properties. The tests were limited to moisture content, density and unconfined compressive strength. The results of the laboratory tests axe indicated on the data sheet in the Appendix or on boring logs, opposite the samples upon which they were performed. ENGINEERING CONSIDERATIONS Review of Soil Properties Strength - The existing fill and topsoil are judged to have a low and variable strength due to it's organic content. The underlying clayey sand glacial till generally has a moderate to high strength, with the exception of the upper few feet of clayey sand at Boring #I. The clayey sand which has a penetration resistance of 8 or more is judged suitable for supporting foundation loads of 3000 psf. Compressibility - The existing fi_Ii and topsoil are judged to be compressible. The very soft clayey sand glacial till is also judged to be somewhat compressible under foundation loadings. The fu'mex underlying glacial till is judged to be iow in compressibility. · Frost Susceptibility - It is our judgment the near surface soils axe at least moderately frost susceptible. If these soils remain in-place and are allowed to freeze, we anticipate AET ,~2-792 - Page 7 heave may be on the order of i/4" to 3/8" for each foot of frost penetration within the soil, which could translate to 1" to 2" of total movement. This could be exaggerated further if free water were available such that ice lensing could be formed. Movements of exterior sidewalks/slabs is especially critical in building doorway areas. These exterior features should be designed to accommodate such frost movement; or the on-site soils should be subcut and replaced with low frost susceptible sands which include subsurface drainage. Drainage Properties - The majority of the soils are considered to be poorly draining materials. Water can temporarily perch over the on-site soils during wet weather. This is an important consideration beneath exterior slab areas, particularly when overlain by new sand fill. Where the potential for perched water exists, you should consider the placement of draintile lines or other means of drainage to relieve water buildup. Review of qlro~nd Water Conditions A water level was encountered at a depth of about 51/2' below grade at Boring/ti, after sampling to a depth of 9'. It is our judgment this water level represents the static ground water level, or perhaps a perched water condition. Since the proposed addition will have an elevator pit, it will be necessary to provide a subsurface drainage system around the elevator pit to eliminate water problems. Discussion It is our judgment the proposed south addition can be supported on spread footing foundations. The existing f'fll, topsoil and any soft clayey sand glacial till should be excavated from the building area. Much of the unsuitable soil will be removed to attain planned grade. Some additional subcutting may be necessary in ~e floor slab area. Two feet of excavation is anticipated based on the soil conditions at Boring/t2. AET #92-792 - Page We are concerned about the presence of ground water at a depth of about 51/2' below grade at Boring #1. Because of the high water level, we recommend a perimeter draintile system and perhaps an underfloor draintile system around the elevator pit area. Even with a perimeter draintile system, a backup pressure relief system is recommended in the event of a power failure. We understand footings along the west wall of the north end of the existing building were extended to elevations of 911.5' in the north and 909.5' in the south. It appears they were extended through the softer soil to stiffer underlying glacial till, based on the available soil information at Boring #1. It is our judgment it should be feasible to increase foundation loads in this area to 2600 psf. RECOMMENDATIONS Building Grading Procedures Excavation Preparation of the building areas should include removal of all existing fill, topsoil and softer clayey sand glacial till soils (penetration resistance of less than 8 blows). We estimate an excavation depth of 2' in the south addition area. The estimated elevation of the bottom of the excavation is based on soil conditions at the boring locations. Since conditions may vary, it is highly recommended that a geotechnical engineer/technician observe the final excavation prior to new fill or footing placement. If there are areas where fill is required below foundations, the excavation bottom should be oversized laterally from the planned outside edge of foundation a distance equal to at least 1' for each foot of compacted fill required beneath the foundation at that location (i.e., 1:1 oversize). AET//92-792 - Page 9 We anticipate sources of ground water may be encountered during excavation in the elevator pit area. We recommend any water that enters the excavation be removed as quickly as possible. The presence of standing water within the excavation increases the possibility of softening and disturbance of the existing soils. The glacial till soils are susceptible to disturbance. Therefore, we recommend the excavation be performed with backhoe. Filline If fill is required to attain footing grade, the fill should be uniformly compacted in thin lifts to a minimum of 98% of the standard Proctor density (ASTM:D698-78).. Fill placed which supports the floor slab only (outside of the 1:1 oversize zone below footings) can have a reduced minimum compaction level of 95 % of the standard Proctor density. We recommend any fill placed below footings or the floor slab be a clean granular soil with less than 5 % passing the MOO sieve and 40% passing the #40 sieve. Foundation Recommendations After preparing the site, as recommended previously, it is our judgment the structure can be supported on spread footing foundations. We recommend perimeter foundations for heated building space be placed at a depth such that a minimum of 42" of soil cover is provided for frost protection. Interior foundations can be placed at a convenient depth below the slab. If foundations are included which do not border heated building space, additional frost cover is recommended since frost penetration is anticipated to be deeper. We recommend these types of foundations be provided with a minimum of 60" of soil cover. It is our judgment the foundations can be placed on the competent natural soils, or on the oversized, compacted fill system recommended. Based on the soil conditions encountered at the borings, and on the minimum fill compaction levels recommended, it is our opinion the foundations can be designed based on a maximum allowable soil bearing pressure of 3000 psf. AET ~2-792 - Page 10 -'~ It is our judgment this design will include a factor of safety of greater than 3 against shear or base failure. It is also our judgment that total building settlement should be less than 1", and differential settlements should be less than 1/2". Floor Slab Support Preparation of the building area, as previously recommended, will also prepare the site for floor slab support. All fill supporting the floor slab should be compacted to a minimum of 95 % of standard Proctor density. This includes utility and foundation trench backfill. We recommend the upper 6't of soil immediately below the floor slab be a free draining, granular soil containing less than 5% by weight passing the g200 sieve and less than 40% passing the #40 sieve. A polyethylene vapor membrane can provide added moisture protection beneath the floor slab. If moisture sensitive floor coverings are planned, use of membrane is recommended. If a membrane is used, we recommend it be placed beneath the sand cushion layer to reduce concrete curling effects. P~rimeter Backfill It is our judgment the non-organic site softs would be suitable for reuse as perimeter backfill. The backf'fll should be placed in relatively thin, loose lifts and be uniformly compacted to a minimum of 95 % of standard Proctor density. Where bituminous surfaces will be constructed over the backfill, we recommend the compaction level be increased to 100% of standard Proctor density within the upper 3' perimeter backfill in non-basement areas. Exterior grade around the structure should be planned with a positive slope away from the building. AET #92-792 - Page 11 Elevator Pit Backfilling - Water Control The clayey sand soils in which the elevator pit will be excavated are quite impervious and may cause water to collect in the backfill soil. Because of this, we recommend installation of a perimeter draintile system around the elevator pit area and damp proofing of any below grade walls. The draintile system should be installed at an elevation below the elevator pit slab. In addition, the draintile should be bedded in a coarse sand or gravel which should be wrapped within a filter fabric. The perimeter backfill around the elevator pit should be a clean granular soil with less than 5 % passing the g200 sieve and 40% passing the #40 sieve. The backf'fll should be uniformly compacted to a minimum of 95 % of standard Proctor density. We also recommend that the zone of clean granular backfill extend laterally from the outside face of the wall to at least 2' at the base of the wall and then upward and outward at a 30' angle from vertical. Based on the granular backfill around the elevator pit, we recommend the pit walls be designed to resist lateral pressures based on soils, having an equivalent fluid weight of 45 pounds per cubic foot. Potential Construction Difficulties · Runoff Water in Excavation - As pointed out earlier, the on-site soils are relatively poor draining. Because of this, surface water can be expected to "perch" in the excavation during times of wetter weather. To allow observation of the excavation bottom, to reduce the potential for soil disturbance, and to facilitate filling operations, we recommend water be removed from within the excavations during construction. Based on the soils encountered, we anticipate the ground water can be handled with conventional sump pumping. _ AET g92-792 - Page 12 Disturbance of Soils - Although much of the on-site soils are quite competent, they can become disturbed under repeated construction traffic, especially if ground water is available. If soils become disturbed, they should be subcut to the underlying undisturbed soils. Cobbles and Boulders - Glacial till softs, which are present at this site, can include cobbles and boulders. This may make excavating procedures somewhat more difficult than normal if they are encountered. Also, if cobbles or boulders are encountered at footing grade, it may be necessary to remove these oversized particles and replace them with compacted fill to allow full footing placement. CONSTRUCTION OBSERVATION AND TESTING The recommendations in this report are based on the subsurface conditions found at our test boring locations. Since the soil conditions can be expected to vary away from the soil boring locations, we recommend on-site observation by a geotechrdcal engineer/technician dtiring construction to evaluate these potential changes. Soil density testing should also be performed on new fill placed in order to document that project recommendations or specifications for compaction and moisture have been satisfied. Where fill material type is important, sieve analysis tests should be performed to document the actual fill meets the recommended gradation criteria. EXPLORATION PROCEDURES Boring Location/Elevation Data Our subsurface exploration program included_drilling two standard penetration test borings in the proposed building areas. These borings were drilled at the site on March 30, 1992. The locations of the borings are shown on the attached sketch in the Appendix. These are the AET//92-792 - Page 13 locations which appeared on the sketch provided to us by your consulting engineers. The surface elevations at the test boring locations were referenced to the main floor of the existing building. This elevation was taken as 927.3', an assumed elevation. Field Sampling/Testing Methods The field sampling methods for the borings are described on the included data sheet under the subheading "Standard Penetration/Split-Spoon Sampling Method." ~l~$ification Methods For soil samples in which no sieve analysis or Atterberg Limits tests are performed, soil identifications and descriptions shown on the boring logs are judgments based on ASTM:D2488- 84 (Visual-Manual Procedure). Charts taken from ASTM:D2488-84 are shown on the appended sheet entitled "Identification of Soils." Where the classification tests have been performed, ASTM:D2487-85 is used. The logs also indicate the apparent geologic depositional origin, which is interpretive. We will retain representative samples of the soils recovered from the borings for a period of 30 days. The samples will then be discarded unless you notify us otherwise. EXPLORATION PROGRAM LIMITATIONS The data derived through this sampling and observation program have been used to develop our opinions about the subsurface conditions at your site. However, because no exploration program can reveal totally what is in the subsurface, conditions between borings and between samples and at other times, may differ from conditions described in this report. The exploration we conducted identified subsurface conditions only at those points where we took samples or observed ground water condit/ons. Depending on the sampling methods and sampling frequency, every soil layer may not be observed, and some materials or layers which are present in the ground may not be noted on the boring logs. AET #92-792 - Page 14 Unless actually observed in a sample, contacts between soil layers are estimated based on the spacing of samples and the action of drilling tools. Thus, most contacts shown on the logs are approximate, with a possible upper and lower limits of contacts defined by the overlying and underlying samples. Cobbles, boulders, and other large objects generally cannot be recovered from test borings, and they may be present in the ground even if they are not noted on the boring logs. If conditions encountered during construction differ from those indicated by our borings, it may be necessary to alter our conclusions and recommendations, or to modify construction procedures, and the cost of construction may be affected. The extent and detail of information about the subsurface condition is directly related to the scope of the exploration. It should be understood, therefore, that information can be obtained by means of additional exploration. STANDARD OF CARE Our services for your project have been conducted to those standards considered normal for services of this type at this time and location. Other than this, no warranty, either express or implied, is intended. Report Prepared by: Steven D. Koenes, PE Principal Engineer MN Reg. No. 13180 Report Reviewed byi /leffery K. Vo/ Manager, GecYteecnl~mP'cEal Engineering , I' A.~[ERICtN ENGI,NEERING TESTING, INC. PROJECT CITY HALL ADDITIONS NEW HOPE, MINNESOTA SUBJECT SCALE NONE BORING LOCATION SKETCH J DRAWN BY J CHECKED BY S~ AETJO8 NO. 92-792 DA TE 4/10/92 PAGE 1 OF 1 CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: April 30, 1992 Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator Miscellaneous Planning Issues First Quarter 1992 Planning/Development Report The first quarter 1992 Planning/Development report is enclosed for your information. Super America The Development Agreement for the Super America redevelopment at 62nd Avenue North and West Broadway has been completed anD forwarded to the petitioner for execution - copy enclosed for your information. Fina Serve The Development Agreement and easement documents for the Fina redevelopment at 36th and Winnetka Avenues have been completed and forwarded to the petitioner for execution - copies enclosed for your information. Custom Mold Construction on the Custom Mold addition will start this spring. The City recently closed on the acquisition of the outlot property, which will be combined with the Public Works site. New Hope Bowl Now that spring is here we are dealing with New Hope Bowl on the landscaping issues again. The Bowling Alley had voluntarily agreed last fall to install a fence or a berm with some trees on the south side of the building to provide a screening from the residential properties across the street. The Halloween snow storm held up their plans. We received several complaints this spring and have contacted the owners of the Bowling Alley who have stated that they still plan to plant some landscaping this spring. 0 0 -2- Construction Trailer We are making an effort to get the construction trailer removed from the Brandell Industrial Park 2nd Addition site on 49th Avenue. See attached correspondence and citation. Blockbuster Video Canopy The owner of the shopping center has provided evidence that the material for the canopy for the Blockbuster Video store is on backorder, but should be installed prior to June 1st. Autohaus The EDA will be considering the Autohaus extension request on development improvements at the May llth meeting and I will inform you as to the outcome. Adult Entertainment Ordinance The City Council will be conducting their public hearing on the Adult Entertainment Ordinance on May llth. 10. April Planninq Cases The City Council approved the Fence Ordinance revisions, Frank's Nursery variance and site/building plan review/approval request, and the driveway variance request at the April 27th meeting. The Royal Oaks Apartment sign setback variance request was tabled for one month for further study. 11. West Pac Expansion Staff met with West Pac officials this past week regarding an 18,000 square foot expansion at 9000 Science Center Drive. This application will be coming to the Commission in June. 12. Codes & Standards No progress by staff has been made on the Codes & Standards issues during the past several weeks. We will be coordinating a meeting between the Planner and staff in the near future to preliminarily discuss the issues so that the Consultant can prepare background reports. Once the reports are prepared we will schedule a committee meeting at your convenience. Issues to be considered include: -multi-family sign setback -definition of "family" -gravel driveways -zoning at Country Club Foods site -apartment moratorium PLANNING AND DEVELOPMENT First Ouarter Re~rt The Planning Commission reviewed the following cases during the first quarter: No. of Cases Notices Sent January 4* 8 February 4* 53 March 5** 26 *2 cases carried over from December **2 cases carried over from lanuary **1 case under study since 1991 Month Tvve of Reauest Number Aovroved Denied Withdrawn January CUP 3 (2 tabled) Variance-Setback 2 (tabled) SitedBldg. Rev. 2 (tabled) Disc. Ad. Ent. Ord. 1 (set pub.hrg.) February CUP 2 (1 tabled) Variance-Setback 3 (1 tabled) 1 Site/Bldg. Rev. 2 (1 tabled) Ad. Ent. ord. Pub;Hrg. 1 (continued) March CUP 2 2 Variance-Setback 2 (1 tabled) 1 Variance-Floor Area l(tabled) Variance-Bldg. Dea. l(tabled) SitedBldg. Rev. 2 (1 tabled) 24-hour Opet. I 1 Ordinane~-Out. Din. 1 1 Ad. Ent. Ord. Pub. Hrg. 1 1 YI~AR-TO-DATE TOTALS APPROVED DENIED W1THD~ CUP Variance-Setback Site/Bldg. Rev. Adult Ent. Ordinance Var.-Floor Area Var.-Bldg. Design 24-hour Operation Outdoor Dining Ordinance 3 2 2 1 35 -2- PLANNING/DEVELOPMENT ISSUES $~b?~' In Ianuary, Subby's Restaurant applied for a conditional use permit to allow a fast-food restaurant in a B-3 Zoning District at the Winnetka Commons Shopping Center. The Planning Commission recommended approval at their January 7th meeting and the request was approved by the City Council on Sanuary 13th. ~b~i~.::~:~ for the Planning Commission was conducted at the lanuary 7th meeting with Robert Cameron elected as Chairman, Robert Gundershaug as Vice- Chairman, and William Sonsin as Third Officer (all elected unanimously). ~Pl~:.~i-The City received an "offer to negotiate" from Valvoline Rapid Oil Change for the property at 7305 42nd Avenue North and this issue was discussed at the January 13th EDA meeting. Staff was directed to contact Ali-Star Sports, inform them of Valvoline's offer, and inquire as to their interest in developing the property. Staff contacted All Star Sports and has forwarded to them a conceptual plan for expansion. They will attend a May EDA meeting to further discuss their intentions. ~ii~!i~~-The Planning Commission and City Council approved a request for a rear yard setback variance to allow for the construction of a three-season porch at 3353 Gettysburg Avenue North in February. ~i ~i.:~~- The Cedes & Standards Committee completed their study of the Adult Entertainment Ordinance issue and the Planning Commission had a long discussion on this matter in Sanuary. A public hearing was conducted at the February Planning Commission meeting, which culminated in the adoption of a Resolution of Findings of Fact at the March meeting. The recommendation was that the Council should proceed to-adopt an ordinance regulating this activity. The Council will conduct a public hearing in May. S~ili~!ii~~ii~~' In December, Super America, Inc. made application for site/building plan review, conditional use permits and variances to allow the construction of a new convenience store with gasoline, outdoor sales, and 24-hour operation at 6144 West Broadway. A number of residents appeared in opposition to the request. The Planning Commission tabled the request until traffic data was provided and recommended that Super America meet with neighbonng residents to address their concerns. This case was continued at the February ,*th Planning Commission meeting with the Commission recommending denial of the request on a 5-3 vote. The request was considered by the City Council at their February 10th meeting and ultimately resulted in Super America withdrawing their request for 24-hour operation and outside storage and the City Council approving the setback variance and conditional use permit request in March. ~~!!ii~' The EDA met on February 10th and at a worksession on March 2nd and, after considerable research and discussion, directed staff to cease work on the property acquisition/negotiation. 36 10. 11. 12. 13. 14. 15. 16. -3- ~!i~' Fina Man received approval in 1991 to update their facility at 3535 Winnetka Avenue North, and then later in the year submitted an application to demolish the existing station and construct a totally new facility with a car wash. This case was tabled in December, as staff was negotiating with the petitioner on the closure of curb cuts. This request was continued and approved at the February Planning Commission meeting and the City Council appwved the redevelopment at the March 9th Council meeting with the exception of the request for 24-hour operation. The 24- hour request was continued until the March 23rd Council meeting, at which time it was approved subject to specific conditions. r~ii~!i~~iiiii~iii!i~- Frank's Nursery appeared at the March 4th Planning Commission meeting to request a conditional use permit for expansion of the garden/novelty store for purposes of erecting a poly greenhouse. Due to lack of detailed plans the ease was tabled until April. ~!~!?: ii~!ii~- Champion approval to host a one-day outdoor auto Commission recommending approval and recommendation. Auto requested conditional use permit show this summer, with the Planning the Council concurring with that ~~i!ii~:~iiiii~ - After a considerable amount of study by the Codes & Standards Committee, the ?lanning Commission approved in March an ordinance amendment allowing outdoor dining facilities through the conditional use permit process. All restaurants in the City were contacted for input during the process. The Council approved the outdoor dining ordinanc~ on March 23rd. to the Council on March 9th regarding the construction of an adult day care facility at 5501 Boone Avenue and requested tax increment financing assistance. ~ii~ili!~~' The Council approved an architectural agreement for the City Hall Addition/Remodeling project at the March 23rd Council meeting, which will allow plans to be developed and bids sought. This project will go through the Planning Commission/City Courier planning approval process in May. ..... !i:.:.:.:~ii~' At the March 23rd EDA meeting Autohaus requested a one-year extension on their development improvements and this matter was tabled until May. ~~!~i~' The City staff is participating again this year in the Twin West Chamber of Commerce Executive Call Program and met with Nordic Press, Inc. in March. Meetings with Mello Smello, Paddock Laboratories, and Creamettes are scheduled for this spring. ~i~~- City staff participated in the Twin Cities Real Estate Business Exposition on March 8th in conjunction with the North Metro Mayors' Association and distributed information about development opportunities in New Hope. 37 17. 19. ~i.i~' The acquisition of the Custom Mold outlot is proceeding and should be completed in April. R~[?:~iii~~i- During the last week in March staff completed Week 3, Real Estate Finance, in the four-session Economic Development Finance Professional Certification Program sponsored by the National Development Council. F~.i.iO~~- After lengthy study by the City staff and Codes & Standards Committee, recommendations on amendments to the existing fence ordinance will be presented to the Planning Commission and Council in April. Kirk McDonald Management Assistant/Community Development Coordinator .:401 Xyton Avenue North New Ho~e. Minnesota 55428 Phone'531-5100 April 14, 1992 Mr. Michael O'Donnell Super America Group, Inc. 1240 West 98th Street Bloomington, MN 55431 Subject: DEVELOPMENT AGREEMENT/PERFORMANCE BOND FOR SUPER AMERICA FACILITY AT 6144 WEST BROADWAY IN NEW HOPE Dear Mr. O'Donnell: On March 9, 1992, the New Hope City Council approved your request for a conditional use permit to allow a convenience store with gasoline, a rear yard setback variance, and site/building plan review/approval to construct a new service station, as submitted in Planning Case 91-37, subject to specific conditions. One of the conditions was that a Development Agreement and suitable bond concerning site improvements be executed with the City. I notified you that the City would draft the Development Agreement and notify you regarding the appropriate security to be posted. Enclosed please find three copies of the Conditional Use Permit Site Improvement Agreement. The City Engineer and Building Official have estimated the cost to install the plantings, retaining wall, concrete curb, and driveway apron at $17,240 and the total bond to be posted is 150% of the cost of the work, or $25,860. On page 4 of the agreement the various types of financial guarantees that are acceptable to the City are outlined under #9, "Financial Guarantee". The performance bond or other type of guarantee is released upon completion and acceptance of all the site improvement work by the City. Please review the enclosed agreements, and sign all three copies in the appropriate place on page 5 and have your signature notarized. Please return the three executed copies of the agreement to the City with the appropriate type of financial guarantee. I will have the appropriate City officials sign the agreements and will return one fully executed copy to you for your files. Family Styled City '~~ For Family Living Please contact me or Doug Sandstad, Building Official, if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb Enclosures: Engineer's Letter Re: Bond Amount Three copies CUP Site Improvement Agreement CC: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case File 91-37 Bonestroo Rosene Ander!ik & ^ssoclates Engineers & Architects March 27, 1992 R~cn~ro ~. ~mer. ~E ~homas ~ Noyes. PE ~O~e~ G ~un~C~L ~E Susan M E~en~n C PA ~erry A 9ourOom ~E Mar~ ~ Rolls. PS ,e'~, D ;-~z::~ :- Rooe~ R ~e~ene ~E Gary F Ry!ander ~E ~arlan M Osor City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 Attention: Mr. Kirk McDonald Re: Super America Our File No. 34-gen Dear Kirk: We have reviewed the bond amount for the above referenced project which is summarized below: 137 Each 420 Sq. ft. 280 Lin. ft. 3 Each Plantings per landscape plan @ $20/ea. Retaining Wall @ $10/sq. ft. Concrete curb @ $10/lin. ft. Driveway apron @ $7,500 Total + 50% Bond Increase $ 2,740 4,200 2,800 7,500 $17,240 8~620 Total $25,860 The ~otal estimated bond amount is $25,860. A driveway access permit is required from Hennepin County for the work in West Broadway. If you have any questions please feel free to contact me at this office. Yours very truly, BONESTRO, O,. ROSENE, ANDERLIK & ASSOCIATES, INC. Mark Hanson MH:lk CC: Doug Sandstad - New Hope Marty Malecha - Attorney 2335 ~Vest Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600 CORR[CK & SONDRALL Edinburgh Executive Office Plaza 8525 Edlnbrook Cr~lng Suite #203 Brooklyn Pa~k, Mlnnesot~ 55443 TELEPHONE (612) ;AX (~2) 425-~7 LAVONNE E. KESKE SHARON D, DERBY April 13, 1992 Mr. Kirk McDonald Management Asst. City of New Hope 4401 Xy]on Avenue North New Hope, MN 55428 RE- Super America CUP Site Improvement Agreement Our File No: 99.29137 Dear Kirk: Enclosed please find three copies of a Conditional Use Permit Site Improvement Agreement for the Super America property. Please review the agreement, paying particular attention to the conditions which the CUP is subject to. If the agreement is in .order, please obtain the appropriate signatures on all copies Of the document and return two copies to me, one for filing and one for our records. Be sure to call me if you have any questions or comments. Sincerely, Martin P. Malecha s3m Enclosures CC: Daniel J. Donahue Valerie Leone Steven A. Sondrall, Esq. CITY OF NEW HOPE CONDITIONAL USE PERMIT SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Super America Group, Inc., a Kentucky corporation (hereinfter "Developer") and the City of New Hope (hereinafter "City"), this day of , 1992. WHEREAS, on March 9, 1992, by Resolution No. 92-51, the City Council approved Developer's request for a Conditional Use Permit (hereinafter "CUP") for certain real property located in the City of New Hope, County of Hennepin, State of Minnesota known as 6144 West Broadway, legally described as: Tract A, Registered Land Survey No. 602, Hennepin County, Minnesota, (hereinafter "Property") to be used as a Gas Station/Convenience Store, and WHEREAS, the City Council also approved Developer's site development plans for the Property as set forth in Planning Case 91-37 (hereinafter "Plans"), and WHEREAS, conditions: said CUP was granted subject to the following The property shall be developed in accordance with the plans submitted by Petitioner. Hours of operation shall be limited to 6:00 a.m. to 12:00 midnight unless otherwise approved by the. City Council. Noise governors shall be installed on all outside intercom systems and volumes reduced after 8:00 p.m. No outdoor storage or sales of merchandise shall be allowed, unless a conditional use permit for same is applied for and granted at a later date· Petitioner shall execute a development agreement and post a performance bond for required site improvements, including but not limited to, landscaping, curbing and retaining wall as shown on its plans. NOW, THEREFORE, IT IS .HEREBY AGREED as follows: 1. INCORPORATION OF RECITALS. incorporated herein by reference, conditions of the CUP. The recitals above are specifically including the 2. THE WORK. The Work shall consist of the site improvements described in the Plans, including any amendments to the Plans which are approved by the City Council. The Work shall be performed by the Developer to the City's satisfaction ~n compliance with all applicable codes, ordinances, standards, and policies of the City. The Work includes all on-site exterior amenities shown on the Plans that are listed below. Quant ity Item Estimated Cost 420 sq. ft. Retaining Wall Q $10/sq.ft. $4,200.00 137 each Plantings per Landscape Plan a $20/each 2,740.00 280 lin. ft. Concrete curb · $10/lin. ft. 2,800.00 3 each Driveway Apron a $2,500/ea 7,500.00 Subtotal + 50% Security Increase $17,240.00 8,620.00 TOTAL: $25,860.00 The Developer unconditionally guarantees to the City all of the Work for a period of one year subsequent to the Completion Date of the Work. This guarantee Shall include failure of the Work due to poor materiel, faulty workmanship, or any other failure of the Work. This guarantee shall continue whether or not all of the financial guarantee shall have been released by the City. 3. COMPLETION,. The Developer agrees that the Work shall be completed in its entirety on or before the 9th day of March, 1992, except as this period of time is extended by resolution of the Council, or by the City taking no action to require completion hereunder on a timely basis, It is understood and agreed that failure of the City to promptly take action to draw upon the bona or other security to enforce this Agreement after the expiration of the time in which the Work is to be completed hereunder will not waive, estop or release any rights of the City and the City can take action at any time thereafter to require completi°n of the Work, and payment for same, Furthermore, the term of this Agreement shall be deemed to be automatically extended until such time as the City Council declares the Developer in default thereunder, and the statute of limitations shall not be deemed to commence running until the City Council has been notified in writing by the Developer that the Developer has either compliea with this Agreement, or that it refuses to for any reason. These provisions shall be applicable to any person who shall give a financial guarantee to the City as required below. A. COST OF WORK. The Developer shall pay for all costs of persons doing work or furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligation to pay the Developer or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the subcontract or subcontractor, and the Deve]oper and its surety shall hold the City harmless against any such claims, and provide the City with all necessary lien waivers. 5. DEFAULT. In the event of default by the Developer as to any of the Work to be performed hereunder, the City may, at its option, perform the Work and the Developer shall promptly reimburse the City for any expense incurred therein by the City, provided the Developer is first given written notice by United States Mail of the Work in default and required to be done by the Developer, not less than 48 hours being given thereby to the Developer to remove the default status, said notice being addressed to the Developer at the address set forth below. Notice given in this manner being sufficient as described, by agreement of the parties hereto. Notice to the Developer shall also constitute, without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City Engineer, the 48 hours notice requirement to the Developer shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City for any expense so incurred by the City in the same manner as if mailed notice as described above had been given. It is understood by the parties, however, that the responsibility of the Developer is limited by strikes and force majeure. 6. REVOCATION OF CUP. The City Council approved a CUP for the Property subject to certain conditions including completion of the Work. As an addition&l remedy separate and independent from any other.remedy available to it, upon breach of this Agreement by Developer, the City may revoke the CUP for the Property. Developer acknowledges and agrees that the City may also revoke the CUP for failure of the Developer to satisfy any of the other conditions of the CUP. 7. HOLD HARMLESS. The Developer agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the Developer's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precaution. In the event any City employee, agent or representative shall come under the direct or indirect control of the Developer, or the City, upon the failure of the Developer to comply with any conditions of this Agreement or the CUP, performs said conditions oursuant to the financial guarantee, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent or intentional acts in the performance of the Developer's required work under this Agreement or the CUP. 8. COST OF ADMINISTRATION. The Developer agrees to reimburse the City for the actual costs to the City associated with this planning case, the CUP and this Agreement, including but not limited to engineering and attorney's fees. Developer agrees that the financial guarantee shall not be released until all such costs have been paid to the City. 9. COST OF ENFORCEMENT. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 10. FINANCIAL GUARANTEE. The Developer shall furnish the City with a financial guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a performance bond issued by an approved corporate surety licensed to do business in the State of Minnesota, and executed by the Developer aS the principal; c) an irrevocable letter of credit; d) an automatically renewing certificate of deposit in Developer's name but assigned to the City; e) other financial instruments which provide equivalent assurance to the City. Said financial guarantee shall be furnished to the City as security to assure completion of the items of Work as set forth above, and payment of the costs of administration as set forth above. The financial guarantee shall be in an amount of 150% of the cost of the Work as estimated by the City Engineer. The financial guarantee provided shall continue in full force and effect until the City Council approves and accepts all of the Work undertaken and releases the surety and/or the Developer from any further liability, and until al1 administrative costs are paid in 4 full. The City Council may reduce the amount of the financial guarantee upon partial completion of the Work and payment of all outstanding administrative costs. 11. NOTICE. The address of Developer, for purposes of this Agreement is as follows, and any notice mailed by the City to this address shall be deemed sufficient notice under this Agreement, until notice of a change of address is given to the City in writing: Super America Group, Inc. 1240 West 98th Street Bloomington, MN 55431 12. SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or phrase of this Agreement i~s for any reason held to be invalid, such decisions shall not affect the validity of the remaining portion of this Agreement. 13. SUCCESSION. This Agreement shall be binding upon the parties, their heirs, successors or assigns as the case may be. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF NEW HOPE By I t s Mayor By Its City Manager SUPER AMERICA GROUP, INC. By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 199__, by EDW. J. ERICKSON and DANIEL d. DONAHUE, the Mayor and Manager, respectively, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 199__, by and , the and , respectively, of Super America Group, Inc., a Kentucky corporation, on behalf of said corporation. Notary Public DRAFTED BY: CORRICK & SONDRALL, A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5671 6 4401 Xylon Avenue North New Hope, Minneso~ 55428 Phone:531-5100 FAX (612) 531-5~ April 29, 1992 Mr. Don Marrow Fina Project Engineer 2020 Silver Bell Road, Suite #23 Eagan, MN 55122 Subject: DEVELOPMENT AGREEMENT/PERFORMANCE BOND FOR FINA REDEVELOPMENT AT 5535 WINNETKA AVENUE IN NEW HOPE Dear Mr. Marrow: On March 9th and March 23rd, 1992, the New Hope City Council approved your requests for site/building plan review/approval, conditional use permits, variances from rear yard and curb cut setback requirements, and 24-hour operation in conjunction with the Fina redevelopment of a convenience store with gas station and car wash, as submitted in Planning Case 91-42, subject to specific conditions. One of the conditions was that a Development Agreement and suitable bond concerning site improvements be executed with the City. I notified you that the City would draft the Development Agreement and notify you regarding the appropriate security to be posted. Enclosed please find three copies of the Conditional Use Permit Site Improvement Agreement. The City Engineer and Building Official have estimated the cost to install the plantings, concrete curb and driveway apron at $15,420 and the total bond to be posted is 150% of the cost of the work, or $23,130. On page 4 of the agreement the various types of financial guarantees that are acceptable to the City are outlined under #9, "Financial Guarantee". The performance bond or other type of guarantee is released upon completion and acceptance of all the site improvement work by the City. Please review the enclosed agreements, and sign all three copies in the appropriate place on page 5 and have your signature notarized. Please return the three executed copies of the agreement to the City with the appropriate type of financial guarantee. I will have the appropriate City officials sign the agreements and will return one fully executed copy to you for your files. Another condition was that Fina provide right-of-way easements/ dedications with six (6) feet on Winnetka Avenue being dedicated to the County and eight (8) feet on 36th Avenue being dedicated to the City. I indicated that the City would prepare the necessary documents for easement/right-of-way dedications and forward to you for execution. Said documents are enclosed and I would request your signatures in the appropriate place on all three copies. Please return to the City and we will forward you a fully executed copy. FamilyS~ledCi~'~~ForFamilyLiving -2- Please contact me of Doug Sandstad, Building Official, if you have any comments of questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb Enclosures: Engineer's Letter Re: Bond Amount Three Copies of CUP Site Improvement Agreement Three Copies of Easement Documents cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Dan Dege, Finn-Daniels Broussard Valerie Leone, City Clerk Planning Case File 91-37 Bonestroo Rosene Ander!ik & Assooates Engineers & Architects March 27, 1992 City of New Hope 4401 Xylon Avenue N New Hope, ~MN 55428 Attention: Mr. K/rk McDonald Re: Fina Mart Development Bond Our File No. 34-gen Dear Kirk: We have reviewed the bond amount for the above referenced project which is summarized below: 368 Each 240 Lin. ft. 3 Each Plantings per Landscape Plan @ $15/ea Concrete Curbing @ $10/lin. ft. Driveway Aprons @ $2,500/ea Subtotal + 50% Bond Increase Total $ 5,520 2,400 7,500 $15,420 $23,130 The total estimated bond amount is $23,130. A driveway access permit is required from Hennepin County for any work in Winnetka Avenue. If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATF__.3, INC. Mark Hanson MH:Ik cc: Doug Sandstad, New Hope Marty Malecha, Attorney 2335 ~/est Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600 North line of the Northeast 1/4 of the Northeast 1/4 of Section l g, centedine 56th Ave. No.-~, N 89'42'50" W 175.00' J6th 0 0 Z Fina Mart 3535 Winnetka Ave. New Hope, Minnesota Avenue N 89'42'50" W 109.13' N 89'42'50" W 135.00' North Z N 89'42'50' W 40.00' The East 175 feet of the North 175 feet of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), oil in Section Nineteen (19), Township 118, Range 21, According to the U.S. Government Survey therof, Hennepin County, Minnesota, except roads. Which lies East of a line drown parallel with and distant 40 feet West of the East line of said section, also that port of said tract lying North and East of o curve having o radius of 26 feet, being concave to the Southwest and tangent to the above described parallel line and a line drawn parallel with ond distant 41 feet South of the North line of said Section 19. Nortnec:s~ the Nor:nets- .-' the Nor~ecs: Sect;on 1t8, Rouge 2' New Hope, Minnesota FIGURE 1 iWW ~E~. P~ CORRICK & SONDRALL ~ P.I.q'I'N~I~IP Of~ ~q~leP.~ GOW~'ORA?ION~ F_xtlnburgh Executive Office Plaza 8525 F_xiinbrook Crossing Suite #203 Brooklyn Park. Minnesota 55443 ;AX (~I~ 42~I? SKAWON O. OEP,~Y April 24, 1992 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Finamart/36th & Winnetka Our File No: 99.11095 Dear Kirk: Enclosed please find three copies of the following: Conditional Use Permit Site Improvement Agreement. Easement for Construction and Maintenance of PuDllc Improvement. Please review these documents, in particular the conditions of the CUP as set forth on the first page of the Conditional Use Perm~ Site Improvement Agreement. If all is in order, please obtain the signatures of the Finaserve officials on both the Improvement Agreement and the Easement, and have Dan. and the Mayor sign the Site Improvement Agreement. Then return all copies of the Easement to me, so that I can place the matter before the Council for acceptance of the Easement. Be sure to call me if you have any questions or comments. Sincerely, Mart i n P. Mal echa s3f Enclosures cc: Daniel J. Oonahue Steven A. Sondrall, Esq. CITY OF NEW HOPE CONDITIONAL USE PERMIT SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Finaserve, Inc., a. Te×as corporation (hereinfter "Developer") and the City of New (hereinafter "City"), this day of , 1992. WHEREAS, on March 9, 1992 and March 23, 1992, by Resolution Nos. 92-53 and 92-60, respectively, the City Council aporovec Developer's request for a Conditional Use Permit (hereinafter "CUP") for certain real orooerty located in the City of New HoPe, County of Hennepin, State of Minnesota known as 3535 WinnetZa Avenue North, ~ega!ly described as: The East 175 feet of the North 175 feet of the Northeast Quarter (NE~) of the Northeast Quarter (NE~), ali in Section Nineteen (!9), Township 118, Range 21, according to the U.S. Government Survey thereof, Henneoin CounTy, MN, (hereinafter "Property") to be used as a Gasoline Station/Convenience Store, and Service WHEREAS, the City Council also approved Develooer's slr. e develooment plans for the Property as set forth in Planning Case 91-42 (hereinafter "Plans"), and WHEREAS, conditions: said CUP was granted suoject to the following 2. 3. 4. 5. 6. Annual CUP inspection. Development contract and bond to be provided to cover public improvements. Developer to sand and/or salt public roadway if hazardous conditions develop in winter due to carwash operation. Developer to provide right-of-way easements/dedications' 6 feet on Winnetka to County and 8 feet on 36th to City. Developer to operate the car wash only between the hours of 6:00 a.m. and 12:00 p.m. midnight. Developer to set at low volume all communication devices between pumps and store at all hours, and to limit to a minimum the use of said devices during the hours of 12-00 midnight and 6:00 a.m. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. INCORPORATION OF RECITALS. incorporated herein Dy reference, conditions of the CUP. The recitals above are soecifically including the 2. THE WORK. The Work shall consist of the site improvements described in the Plans, ~ncluding any amendmentsto the Plans which are approved by the City Council. The Work shall be oerformed by the Developer to the City's satisfaction tn compliance with all applicable codes, ordinances, standards, and policies of the City. The Work includes all on-site exterior amenities shown on the Plans that are listed below. Quantity 358 each 24O lini ft. 3 each Item Plantings per landscape plan a $15/each Concrete curbing a $10/lin. ft. Driveway aprons a $2,500/ea Subtotal + 50% Security Increase TOTAL: Estimated Cost $5,520.00 2,400.00 7,500.00 $15,420.00 7,710.00 $23,130.00 The Developer unconditionaT'ly guarantees to the City ali of the Work for a period of one year subsequent to the Completion Date of the Work. This guarantee shall include failure of the Work due to poor material, faulty workmanship, or any other failure of the Work. This guarantee shall continue whether or not all of the financial guarantee shall have been released by the City. 3. COMPLETION. The Developer agrees that the Work shall be completed in its entirety on or before the 23rd day of March, 1992, except as this period of time is extended by resolution of the Council, or by the City taking no action to require completion hereunder on a timely basis. It is understood and agreed that failure of the City to promptly take action to draw upon the bond or other security to enforce this Agreement after the expiration of the time in which the Work is to be completed hereunder will not waive, estop or release any rights of the City and the City can take action at any time thereafter to require completion of the Work, and payment for same. Furthermore, the term of t~s Agreement shall be deemed to De automatically extended unti~ such time as the City Council declares the Developer ~n default thereunder, and the statute of limitations shall not be deemed to commence running until the City Council has been notified ~n writing by the Develooer that the Developer has either complied w~th this Agreement, or that it refuses to for any reason. These provisions shall be applicable to any person who shall give a f~nancial guarantee to the City as required Oelow. 4. COST OF WORK. The Developer shall pay for all costs of oersons doing work or furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligat~o~ to pay the Developer or any subcontractor any sum whatsoever o~ account thereof, whether or not the City shall have approved t~e subcontract or subcontractor, and the Developer and its surer7 shall hold the City harmless against any such claims, and provide the City with a-ll necessary lien waivers. 5. DEFAULT. In the event of default by the Developer as to any of the Work to be performed hereunder, the City may, at its option, perform the Work and the Developer shall promptly reimburse the City for any expense incurred therein by the City, provided the Developer is first given written notice Oy United States Mail of the Work in default and required to be done by the Develooer, not less than 48 hours being given thereby to the Developer to remove the default status, said notice being addressed to the Developer at the address set forth below. Notice given in this manner being sufficient as described, by agreement of the parties hereto. Notice to the Developer shall also constitute, without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City Engineer, the 48 hours notice requirement to the Developer shall be and hereby is waived in its entirety by the Developer, and the Developer shall reim0urse the City for any expense so incurred by the City in the same manner as if mailed notice as described above had been given. ~t is understood by the parties, however, that the responsibility of the Develooer is limited by strikes and force majeure. 6. REVOCATION OF CUP. The City Council approved a CUP for the rroperty subject to certain conditions including completion of the Work. As an additional remedy separate and independent from any other remedy available to it, upon breach of this Agreement by Developer, the City may revoke the CUP for the Property. Developer acknowledges and agrees that the City may also revoke the CUP for failure of the Developer to satisfy any of the other conditions of the CUP. 3 7. ADMINISTRATION COSTS. Developer agrees to reimburse :~e City for the actual costs to the City associated with Planning Case 91-42, the CUP, and this Agreement, including Put not limited to, engineering and attorney's fees. Developer agrees that the financial guarantee shall not be released until al! such costs nave been paid to the City. 8. HOLD HARMLESS. The Developer agrees To ~ndemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the Developer's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, w~tnout regard to any inspection or review made or not made Oy the Cit7, its agents or employees or failure by the City, its agents or employees to take any other prudent orecaution. In the event any City employee, agent or representative shall come under the direct or indirect control of the Developer, or the City, upon the failure of the Developer to comply with any conditions of this Agreement or the CUP, performs said conditions pursuant to the financ~a' guarantee, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for ~ts own negligent or intentional acts in the performance of the Developer's required work under this Agreement or the CUP. 9. COST OF ENFORCEMENT. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 10. FINANCIAL GUARANTEE. The Developer- shall furnish t~e City wit~ a financial guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a performance bond issued by an approved corporate surety licensed to do business in the State of Minnesota, and executed by the Developer as the principal; c) an irrevocable letter of credit; d) an automatically renewing certificate of deposit in Developer's name but assigned to the City; e) other financial instruments which provide equivalent assurance to t~e City. Said financial guarantee shall be furnished to the City as security to assure completion of the items of Work as set forth above, and payment of the costs of administration as set forth above. The financial guarantee shall be in an amount of 150% of the cost of the Work as estimated by the City Engineer. The financial guarantee provided shall continue in full force and effect until the City Council approves and accepts all of the Work undertaken and releases the surety and/or the Developer from any further liability, and until all administrative costs are paid in full. The City Council may reduce the amount of the financial guarantee upon partial completion of the Work and payment of all outstanding administrative costs. 11. NOTICE. The address of Developer, for purposes of tn~s Agreement is as follows, and any notice mailed ay the City to this address sha]l be deemed sufficient notice under this AgreemenT, unt~ notice of a change of aadress is given to the City :q writing: 12. SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portion of this Agreement. 13. SUCCESSION. This Agreement shall be binding upon t~e parties, their heirs, successors or assigns as the case may be. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF NEW HOPE By I t s Mayo r By Its City Manager FINASERVE, INC,- By Its By Its STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknow]eQged before me this day of , 1992, by EDW. d. ERICKSON and DANIEL J. DONAHUE, t~e Mayor and Manager, respective]y, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPtN ) The foregoing instrument was acknowledged before me this day of , 1992, by and the and , respective]y, of FINASERVE, INC., a Texas corporation, on behalf of said corporation. Notary Public DRAFTED BY: CORRICK & SCNDRALL, A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5671 6 EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT THIS INDENTURE, executed on the day of , 1992, between Finaserve, Inc., a Texas corporation (herein "First Party") and the CITY OF NEW HOPE, a Minnesota Municipal corporation (herein "City"). WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as (herein "Property" ): The East 175 feet of the North 175 feet of the NE~ of the NE~, all in Section 19, Township 118, Range 21, according to the U.S. Government Survey thereof; WHEREAS, the City is desirous of obtaining a street and utility easement over, under and across said Property, WITNESSETH; That the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt of which is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, forever, a permanent easement over, under and across the easement tract described below, including full and free right and authority to enter upon and make such use of the said easement tract as is reasonably necessary and advisable in the construction, maintenance and operation of public streets and utilities. The permanent easement herein granted for street and utility purposes is situated over, under and across a tract of land (the · easement tract) situated in the County of Hennepin and State of Minnesota, described as follows, to-wit: That part of the above described Property which lies East of a line drawn parallel with and distant 40 feet West of the East line of said Section, also that part of said Property lying North and East of a curve having a radius of 26 feet, being concave to the Southwest and tangent to the above described parallel line and a line drawn parallel with and distant 41 feet South of the North line of said Section 19, and also that part of said Property lying North of a line drawn parallel with and distant 41 feet South of the North line of said Section 19, FINASERVE, INC. By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of , 1992, by and , the and , respectively, of Finaserve, Inc., & Texas corporation, on behalf of said corporation. Notary Public This Document was Drafted by: CORRICK & SONDRALL, a Partnership of Professional Corporations 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 · (612) 425-5671 I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: City Clerk A. pri! 20, 1992 ()wrier,' Manager New }tope Bowl 7 [07 42nd Avenue North New Hope, MN 55427 As a resident oft_he neighborhood mediately ~outh of your bow'fing lanes, [ mn wr/tmg ttii> letter to inquire as to your plans for cleaning up the property your business sits on. [ have lived m this neighborhood for over ten years and as such, drive by your property many times each day. Over the past few years I have noticext a general deterioration in the condition of your property. Specifically Iam referring to the landscaping, and lack thereof, and also the mnount of debris that is 'allowed to collect on the land surrounding your building. [ know you would agree that our neighborhood is a well kept area where all the homeowners take pride in maintaining the condition of their properties. Many of my neighbors and [ wo ttld like to know what action you intend to take to upgrade your property so that it complements our well-maintained neighborhood. It is obvious you have responsibly made improvements to your building and parking lot, but have ..not even attempted to do so with the land surrounding the building and parking lot. Please be so kind to respond t° this letter within ten days informing me what action you, as a responsible business person, will be taking to make these much needed improvements. Looking forward to your reply, Sandy Perhai New Hope Home Owner 3848 MaD'land Avenue North New Hope, MN 55427 U/cc: Kirk McDonald New Hope City Offices ul uo .tya..rl, s .tB~iJ 4-7-92 I called LeRoy ~ It is his plan to~ ~de ~oOwm~ fniglla ~ne~ ~eea~ ua~°nogne month Mrs Hustad was advised the south side i 1 o January 17, 1992 Mr. Clarence R. Brandell MLB Properties, Inc. 6321 Russell Avenue South Minneapolis, MN 55423 Subject: REMOVAL OF .CONSTRUCTION TRAILER FROM BRANDELL INDUSTRIAL PARK, 2ND ADDITION Dear Mr. Brandell: On November 12, 1991, the City of New Hope sent the enclosed letter requesting that you remove the construction trailer from the Brandell Industrial Park 2nd Addition site within 30 days. The City Code does not permit the parking/storage of a manufactured building on undeveloped vacant lots unless there is an active building permit for the site or unless constructions is underway. As of this date the trailer has not been removed and you have not contacted the City regarding this matter. Please consider this letter the City's second request for you to remove the trailer from the site within the next 30 days. If the trailer is not removed at that time, the next step would be for the matter to be referred to the Building Official for action and a citation could be issued. I would hope that is not necessary and that you will cooperate in removing the trailer. Please contact me or Doug Sandstad, Building Official, if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb Enclosure: November 12, 1991 Letter cc: Dan Donahue, City Manager Doug Sandstad, Building Official Steve Sondrall, City Attorney Valerie Leone, City Clerk Planning Case File 86-33 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521 April 22, 1992 Clarence Brandell MLB Properties 6321 Russell Ave. South Minneapolis, MN 55423 Dear Mr. Brandell, Please remove the abandoned trailer from your vacant lot at 9200 49th Avenue North within 7 days. City code does not permit this storage on vacant land. Failure to comply will result in a citation being issued AND towing of the trailer to our impound lot. Recovery of said trailer will require payment of all towing/storage costs and fines. Although you did not respond to the similar letter from our Management Assistant, Kirk McDonald, you are welcome Co call 531-5122, if you have any questions. Sin~.erely, .-- ~/ Building official/Zoning Administrator cc: McDonald file FamilY Styled City ~ For Family Living