112591 EDAOFFICIAL FILE COPY ---
CITY OF NEW HOPE
EDA AGENDA
Revised
EDA Regular Meeting #10
Agenda #10
President Edward J. Erickson
Commissioner W. Peter Enck
Commissioner Garx L'Herault
Commissioner Gerald Otten
Commissioner Markx Williamson
November 25, 1991
2.
3.
4.
Be
e
Call to Order
Roll Call
Approval of Minutes of November 12, 1991
Discussion Regarding City-Owned Property at 7305 42nd Avenue North
with Rapid Oil, Inc.
Discussion on Request for Authorization to Obtain Appraisal on
Electronic Industries Property at 7516 42nd Avenue North
Discussion with Northwest YMCA on Their Vacant Parcel
7. Adjournment
Approved EDAMinutes
Meeting #g
CITY OF NEW HOPE
4401Xylon Avenue North
Hennepin County, Minnesota 55428
November 12, 1991
CALL TO ORDER
ROLL CALL
APPROVE MINUTES
CUSTOM HOLD
PROPERTY
5430 INTERNATIONAL
PARKWAY
Item 5
President Erickson called the meeting of the Economic
Development Authority to order at 8:20 p.m.
Present: Erickson, L'Herault, Otten, Enck, Williamson
Motion was made by Commissioner Otten, seconded by
Commissioner Enck, to approve the EDA minutes of October
14, 1991. All present voted in favor. Motion carried.
President Erickson introduced for discussion Item 4,
Discussion Regarding Purchase of Outlot A, Custom Mold
Addition, 5430 International Parkway {Improvement Project
No. 488).
Mr. Donahue explained that staff met with Custom Mold and
Design, Inc. to discuss the property and the final plat.
The actual approval of the final plat is contingent upon
whether the City wishes to acquire the Outlot A from that
plat.
Mr. Donahue explained that the reason for the purchase of
Outlot A is to expand the Public Works property. The City
has been utilizing Outlot A for several years to store
various materials. Permission for its use was granted by
the owner; however, the City did not have to pay anything.
The purchase of the property would provide sufficient land
to store materials (sand, rock, gravel, etc). He also
explained that the State is mandating that salt and sand
used during winter months be stored under cover to avoid
migration into storm water.
Mr. Donahue continued noting that soil borings dating back
to 1979 indicate the property is buildable land. He
stated that if a salt dome is built, staff will recommend
that it be built in the existing yard rather than outlot
A due to a better access.
Commissioner Enck inquired how salt and sand would be
mixed if staff desired to change the percentage of each.
Mr. Hanson, City Engineer, stated Public Works typically
mixes a quantity of 1100-1400 ton of salt/sand twice per
year rather than mixing different percentages. He stated
New Hope EDA
Page i
November 12, 1991
EDA RES. 91-3
Item 4
ADJOURNMENT
he would anticipate that Public Works would load the dome
in the fall before the winter starts and if needbe a
second time during the winter. He explained that the
sand/salt would be mixed in the yard then put in the dome
through a conveyor in the same manner as filling a silo.
Mr. Donahue noted that funds from the existing reserves in
the Central Garage Fund would be used rather than funds in
the General Fund.
Mr. Sondrall stated the petitioner was concerned regarding
construction of a berm which would be partially
constructed on the City's property once the property was
acquired. He explained that the purchase agreement would
provide for provisions for that berm to be constructed
partly on the petitioner's property and partly on the
City's property and each party would then bear their own
cost for sodding/seeding the berm. Second, at the request
of the petitioner, a height restriction on storage of
material will be made a condition of the deed.
The EDA discussed the property purchase price of $78,760
(.88 acre x $89,500) for Outlot A.
Commissioner L'Herault introduced the following resolution
and moved its adoption: "RESOLUTION AUTHORIZING PURCHASE
OF OUTLOT A, CUSTOH HOLD ADDITION". The motion for the
adoption of the foregoing resolution was seconded by
Commissioner Enck, and upon vote being taken thereon; the
following voted in favor thereof: Erickson, L'Herault,
Otten, Enck, Williamson; and the following voted against
the same: None; Absent: None; whereupon the resolution
was declared duly passed and adopted, signed by the
president which was attested to by the executive director.
Motion made by Commissioner Williamson, seconded by
Commissioner L'Herault to adjourn the EDA meeting as there
was no further business to come before the Council. All
present voted in favor. The New Hope EDA adjourned at
8:30 p.m.
Respectful ly submitted,
City Clerk
New Hope EDA
Page 2
November 12, 1991
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager /~ EDA
11-25-91 ~tem No.
By:Kirk McDonald
Management Assistant By: 4
DISCUSSION REGARDING CITY-OWNED PROPERTY AT 7305 42ND AVENUE NORTH
WITH RAPID OIL, INC.
Bob Baldwin, Baldwin Realty, and Mark Segal, Valvoline Rapid Oil Change, Inc. Real Estate
Field Representative, will be appearing at the November 25th EDA meeting to discuss the City-
owned property located at 7305 42nd Avenue North. The representatives have previously met with
City staff and are interested in the possible construction of a Valvoline Rapid Oil Change on the
site adjacent to All Star Sports.
The property is located in a B-4 Zoning District and an auto-oriented use would be allowed as a
rollover conditional use, if the City made a decision to sell the property for this use. However,
in 1990 the City rezoned the majority of the property along 42nd Avenue from B-3 to B-4 specifi-
cally to get away from automobile oriented uses. There also had been previous discussions with
All Star Sports regardifig expansion on this property. Staff have reviewed a number of simple
concept sketches from Rapid Oil and one sketch does fit the buildable yard area. There are
several functional/concept problems that would need to be addressed on the site plan if the
concept of a Rapid Oil building was to proceed.
Rapid Oil indicated that if the City made the site available, they would be interested in
constructing a building and site improvements with a total valuation of about $300,000. Rapid Oil
indicated the advantages of allowing them to locate on the site:
1. They tuna clean operation and it would not be degrading to the surrounding neighborhood,
2. No petroleum tanks would be involved on the site,
3. They would be good corporate neighbors, and they sponsor numerous community programs
in other cities where they are located,
4. They would be willing to participate with the 3 cities that comprise the HRG to promote
the collection of used oil at their site.
MOTION BY SECOND BY
Review: Administration: Finance:
RFA-O01 ~
Request for Action - EDA
November 25, 1991
Page -2-
They indicated that the store in New Hope would not be a franchise, that it would be
owned/operated by corporate headquarters. Staff indicated to Rapid Oil that the City's
preliminary concerns would be noise pollution to surrounding neighbors and screening of the
operation in a B-4 zoning District.
Additional background information, including staff sketches, survey of the property, section/zoning
maps, excerpts from the 1988 appraisal, and the Planning Case regarding the recent 42nd Avenue
rezoning, are enclosed for your review.
"I~.PID OIL" PROTOTIrPF.
7305 42nd Ave.
** B-4 Zone (Auto-oriented discouraged)
14,000 sq. ft. lot -
52' x 36' building
Driveway shifted
No access on 42nd
Trash enclosur~e at south side
No curr~ey ~ailable
Aesthetic concern/compatibility
INGTANT OIL CHANGE
CITY OF NEW
LOT SURVEYS COMPANY, INC.
LAND SUX~nTOBS
~GI~D ~DE~ ~WS or ~A~ or M~A
?~ol · Y&d Avenue No~h
M~poU~ ~ ~!~_ m ~428
66O*3003
INVOICE NO. 2147(~
F. B. NO.,
S~ALE I" 20'
0- DENOTES IRON
TRACT 8 (Bermepin County Auditor)
The north 125 £eet of Lots 3 and 4, B$ock 6, Rockford Park
a permanent easement for street and utility purposes over, under and across that part of
Tract 8 described above lying north of Line 'K" described below.
a temporary construction easement over, under and adross the north 10.00 feet of that part
-of.-Tract 8 described above lying south of Line "lC" described below. (Temporary &asement to
expiresS&ptember ~0, 1989)
a permanent easement for utility purposes over, under and across the north $.00 feet of that
part of Tract 8 described above lying eeuth of Line "lC" described below.
a temporary construction easenent over the south 10 £eet of Tract 8, described above. (Expires 9-$0-1989.)
Line ~JC": Be/inning at a point on the east line of Tract 8 described above distant 1.00 feet
southerly alung said east line from its intersection with the south line of County
State Aid Highway No. 9 as delineated in COUNTY STATE AID HIi~/A¥ NO. 9, PLAT 58;
thence North 88 de&trees 51 einutes 44 seconds West 99.2S £eet; thence South 89
degrees 40 minutes 34 seconds West 140.81 feet to its intersection with the west
line of Lot 1, Block 6, Rockford Park and there terminating.
Area in permanent street easement - 125 Sq. Ft.
Area in temporary construction easement - Z,4OI Sq. Ft.
Area in pernanent utility easement - ~ Sq. Ft.
Note: ~etch only, no irons have been
set to establish property lines.
COOPER
HIGH SCHOOL
R.4
//
CITY
HALL
POOL
FIRE
R.4
B'4
RI,4
NOR'rHWOOG
PARK
NORTHWOOD
PARK
-O
BE.rHEL
CEMETERY
LIONS
PARK
B-4
AVE N
ADA AVE
75 75 [~
75 75 75
n
z
MARYLAND AVE N PG ~ I~
160.~
I'~. 24
16'3
APPRAISAL REPORT
Riverway
PURPOS__EAND DATE OF AP______PRAISAL ~
4. payment is made in cash or its equivalent.
5. financing, if any, is on terms generally available
in the community at the specified date and typical
for the property type in its locale.
6. the price represents a normal consideration for the
property sold unaffected by special financing amounts
.... and/or terms, services, fees, costs, or credits
incurred in the transaction.
PROPERTY IDENTIFICATION
LEGAL DESCRIPTION:
North 125 feet of Lots 3 and 4, Block 6, Rockfork Park
PROPERTY IDENTIFICATION NUMBER:
17-118-21-24-0051
ASSESSOR'S MARKET VALUE ESTIMATE:
Land only
198__7
$ 52,500
TAXES.-- 19S___~S
$13,390.96
Includes special assessment payment of: $105.83
Remaining Balance Special Assessments: $ 91.19
APPRAISAL REPORT
Riverway
LOCATION AND NEIGHBORHOOD
The subject property is located in the City of New Hope, a well
developed second-ring suburb northwest of Minneapolis. The city has
grown from a predominantly rural community of the early 1950's to its
present population of approximately 23,000.
New Hope is a community that is considered to be approximately
90 percent developed. It has adopted a well-defined land use plan that
has left portions of the land in green, open spaces as well as
recreational areas. The Metropolitan Council estimates the average
mean value of single family homes in the area to be approximately $86,000.
The future of New Hope can be attributed to its location, Just 30
minutes from downtown Minneapolis. Its proximity to downtown
Minneapolis will continue to be its strongest asset, as much of its
population works in downtown Minneapolis and lives in the suburb.
The city has a well planned street system. 42nd Avenue North is '
a major traffic artery running east and west which provides access to
the major interstate system of the Twin City metropolitan area, County
Rd. 18 on the west and T. H. 100/169 on the east.
The subject property is located in the southwest corner of 42nd
Ave. No. and Nevada Ave. 42nd Ave. No. is a four lane street with
limited access running east and west. Nevada Ave. No. is a local
collector street running north and south.
APPRAISAL REPORT
~£vez~ray
LOCATION AND NEIGHBORHOOD (CONT'D)
The development around the subject property is mixed commercial.
To the east, is a gas station with single story retail buildings
beyond. To the west is an intermix of office buildings and
single_story retail buildings. To the north, across 42nd Ave. No.
are vacant parcels with multi-family residential beyond.
SITE DESCRIPTION
The site is level at street grade and gradually slopes downward
to the southeast. It is served with all utilities. Visibility to the
site is good and there is nothing to indicate that the site has
adverse or unstable soil conditions, from a visual observation.
The right of way for 42 Ave. No. is along the northern property
line, a distance of approximately 125 feet. The street easement
consists of an area approximately 1 ft by 125 ft. and the utility
eastment approximately 3 ft by 125 ft. The risht of way is improved
with a curb and blacktop. The balance of the site is vacant. There
is one access from 42nd Ave. which will be closed. Access to the
site will be from Nevada Ave., along the easterly property line.
6
APPRAISAL REPORT
Rtverway
LAND VALUE (CONT'D)
CONCLUSION:
Land sales 1 to 6 represent sales in reasonable proximity
to the subject property. These range in price from $2.90 to
$6.34 per square foot. Sale #4 is across the street from
the subject. It is a corner location. A fast food chain
purchased the site to reuse it for a restaurant. Sales #1 and
#2 are about two miles west of subject and were purchased for
retail auto service use.
The subject property is zoned B-3, auto oriented business.
It receives the commercial influences from the surrounding
business properties, particularily to the east. Because of its
exposure on 42nd Ave. and its corner location, it is felt that
the property would reflect a value toward the upper end of =he
ranie of the comparable sales.
After takin$ into consideration the pattern of land sales
within this area and recognizing the various differences
between the location of these properties and the subject
property, it is my opinion that the value of the land
for the subject property is $5.00 per square foot.
CITY OF NEW HOPE
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
October 29, 1991
Bob Baldwin
Kirk McDonald, Management Assistant/Community Development
Coordinator
Rapid Oil Location at 7305 42nd Avenue North
City staff have reviewed a number of simple concept sketches from
Rapid Oil and one sketch does fit the buildable yard area. The
sketches are attached. Staff feels that there are several
functional/concept problems that would need to be addressed.
In 1990 the City rezoned a majority of the property along 42nd
Avenue from B-3 to B-4 specifically to get away from automobile-
oriented uses, therefore the staff is not encouraging the use of
this property as an auto-related use (see previous rezoning report
attached).
The auto-oriented use would be allowed in the B-4 zone as a roll-
over conditional use, if the City made a decision to sell the
property for this use. There have been previous discussions with
All-Star Sports regarding expansion on this property.
Please contact me if you have any comments or questions.
cc:
Dan Donahue, City Manager
Doug Sandstad, Building Official
CITY OF NE~ HOPE
PLANNING C&SE REPORT
Planning Case:
90-30
Request:
Request to Consider Ordinance Amending New Hope
Zoning Code to Rezone the Majority of B-3 Auto-
Oriented Zoning District Properties on 42nd Avenue
North between Louisiana and Winnetka Avenues to B-4
Community Business District
Location:
7100-07-17-40-41-80-81, 7202-31, 7305-12-21, 7400-
01-12, 7600-01-75, 7700-01, 7820-49-58 42nd/4125
Oregon/4124 Quebec/4211 Rhode Island/4148, 4200-10
Winnetka
PID No.:
17-118-21 21 0032, 17-118-21 24 0003, 17-118-21 24
0002, 17-118-21 21 0035, 17-118-21 24 0007, 17-18-21
21 0031, 17-118-21 24 0108, 17-118-21 21 0002, 17-
'118-21 24 0004, 17-118-21 24 0061, 17-1118-21 21
0003, 17-118-21 24 0060, 17-118-21 21 0007, 17-118-
21 24 0090, 17-118-21 21 0008, 17-118-21 22 0005,
17-118-21 23 0007, 17-118-21 23 0004, 17-118-21 22
0034, 17-118-21 23 0005, 17-118-21 22 0015, 17-118-
21 23 0001, 17-118-21 22 0011,~ 17-118-21 24 0091,
17-118-23 0008, 17-118-21 22 0053, 17-118-21 23
0002, 17-118-21 22 0013, 17-118-21 22 0012
Zoning:
B-3 (Auto-Oriented)
Petitioner:
City of New Hope
Report Date:
September 28, 1990
Meeting Date:
October 2, 1990
BACKGROUND
The petitioner is the City of New Hope. The request is to consider
an ordinance amending the New Hope Zoning Code to rezone the
majority of B-3 Auto-Oriented Zoning District properties on 42r:
Avenue between Louisiana and Winnetka Avenues to B-4 Commun~t.
Business Zoning District. The request is pursuant to Sections 4.2.-
4.202, 4.23, 4.29, 4.32, 4.33, and 4.35 of the New Hope Code z:
Ordinances.
Property owners within 350' of the request have been notified.
Besides the usual legal notice, all property owners with properties
included in the area to be rezoned were sent the attached letter
from the City along with a copy of the report prepared by Northwest
Consultants.
Staff has attached the legal notice to this report so that the
Commission is aware of the exact addresses of the property to be
rezoned.
Planning Case Report 90-30
October 2, 1990
Page -2-
Staff has received one written response from a property owner who
supports rezoning - David Lasky, owner of the Paro's Pub building.
The report prepared by the Planner analyzes the issues surrounding
the rezoning. It is the feeling of the staff that the nature of the
area has changed over the past several years from an auto-oriented
type zoning district to a commercial/retail type zoning district.
Several gas stations have been demolished in the past several years
in conjunction with the 42nd Avenue Redevelopment Project. The
potential for quality redevelopment in the area would increase if
the types of uses permitted were shifted away from the B-3 Auto-
Oriented use to a commercial/retail use.
The Planner feels that the rezoning of the properties on 42nd Avenue
to a B-4 Zoning District would be a logical extension of the
commercial zoning at the City Center Shopping Center.
The rezoning would also bring several non-conforming properties,
such as All-Star Sports which is currently zoned B-3, into
conformance with the code.
Ail conditional uses allowed in the B-3 District are either
permitted or allowed by conditional use in the B-4 District.
Besides the Paro's Pub property, over the last several months the
staff has received inquiries about new retail uses or expansion of
existing uses on the following properties:
-All-Star Sports - expansion on City-owned parcel
-Metrophone Building - new use
-City-owned property east of railroad tracks - new use
None of the proposed uses (retail) are currently permitted under the
present zoning. By insisting on a B-3 Auto-Oriented use for the
properties on 42nd Avenue, redevelopment and expansion opportunities
are being hindered.
The rezoning would also provide more uniformity along the 42nd
Avenue corridor rather than the existing variety of zoning districts
(B-3, I-1, I-2, R-O, R-4/5)
Each of the properties will be examined individually at the public
hearing to determine the impact the rezoning would have on each
parcel.
RECOMMENDATION
Staff supports the rezoning of the properties along 42nd Avenue between
Winnetka and Louisiana Avenues from a B-3 to a B-4 Zoning District
because the nature of the area has changed and the rezoning will enhance
economic redevelopment.
U RB A P L A N NG D N IdAR K E R ES E
Irlc.
ARCH
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
Kirk McDonald
Robert Kirmis/Alan Brixius
29 August 1990
New Hope - 42nd Avenue Rezoning
131.00 - 90.03
EXECUTIVE SUMMARY
Background:
The City has identified several properties along the 42nd Avenue
corridor between Winnetka and Louisiana Avenues which hold zoning
designations which are not reflective of their use. In an
attempt to unify existing and future land uses in the area and
establish a cohesive commercial district within the City, the
City is investigating the possibility of rezoning certain
properties from B-3, Auto Oriented Business to B-4, Community
Business. This report shall review existing conditions in the
area, cite area use and zoning incompatibilities and make
recommendation on suggested rezoning appropriateness.
Attached for reference:
Exhibit A - Study Area
Exhibit B - Existing Zoning and Land Use
Exhibit C - Proposed Land Use
Exhibit D - Existing Property Occupancy
Exhibit E - Proposed Zoning Changes
Recommendation=
Based on the following review, our office finds that man'.'
properties within the 42nd Avenue study area hold
designations which do not reflect their use. Because the area
question has changed in character from an auto-oriented service
area to a community wide commercial center, and a rezoning wou:i
follow City policy in rezoning areas which have changed tn
character, it is recommended that noted properties in this report
4601 Excelsior Blvd.-Suite 410.Minneapolis, MN 55416.(612) 925-9420. Fax 925-2721
and illustrated in Exhibit E be rezoned from their existing base
zoning to B-4, Community Business District. Such an action would
allow area zoning designations to reflect area uses and allow the
City considerably greater flexibility in future area
redevelopment efforts.
In addition, an amendment to the
will be required to allow the
consistent ~with the said document.
42nd Avenue Improvement Study
proposed rezonings to lie
ISSUES AND ANALYSIS
42nd Avenue Improvement Study. In 1985, the City adopted the
42nd Avenue Improvement Study as a guide for land use development
along the 42nd Avenue corridor between Winnetka and Louisiana
Avenues. The plan established a number of goals aimed toward the
improvement of the area which lie applicable to the proposed
rezoning. According to the said plan, an adopted City goal is to
unify area development and present a positive commercial image
for the City of New Hope. The proposed rezoning would unify the
area by eliminating several use non-conformities.
The plan also stipulates that area development should be related
to needs and desired development priorities of the City. In
conjunction with the New Hope City Center, it is the intention
of the City to establish the 42nd Avenue corridor under study as
one of the City's prominent commercial areas. As such, the
proposed rezoning would provide a vehicle by which this objective
may be more readily attained.
With the exception of those properties which flank 42nd Avenue
between Nevada Avenue and the Soo Line Railroad, the proposed
Land Use Plan contained within the 42nd Avenue Improvement Study
is consistent with the proposed rezoning (see Exhibit C).
According to the 42nd Avenue Plan, the said properties had been
designated for future residential use. In an attempt to realize
this initial land use proposal, the City attempted to locate a
handicapped housing complex in the area. Due to site
complications, however, the project was moved to the City Center
area. Aside from the said public handicapped housing complex, n?
other residential projects have presented themselves to the area.
Due to the commercial amenities offered by 42nd Avenue (access.
visibility, etc.), however, commercial businesses may choose
locate in this area~ With the City's approval of the 36th
Winnetka commercial rezoning, the City presented a position
allow the market to dictate commercial locations. To prov£~
greater development flexibility in the area, a commercza.
rezoning should be strongly considered. Generally, existing
proposed commercial uses are considered acceptable in that the'.'
are highly compatible to adjacent uses. Noting the discrepanc}'
between the 42nd Avenue Land Use Plan and the proposed rezoning,
an amendment to the 42nd Avenue Improvement Study should be
pursued.
Existinq Conditions. Contrary to 42nd Avenue and Comprehensive
Plan objectives, the existing mixture of zoning in the area
serves to limit redevelopment efforts and presents a barrier in
the City's attempt to establish a high quality commercial area.
As shown on the existing Land Use ~ap (Exhibit B), properties
which flank that segment of the 42nd Avenue corridor under study
contain a wide variety of uses and zoning designations. The
majority of land within the corridor is commercially used and
holds B-3 zoning designations. The study corridor does, however,
contain both I-l, Limited Industrial and I-2, General
Industrially zoned land. I-1 zoned property lies southeast of
the Winnetka/42nd Avenue intersection and contains School
District offices and a Country Kitchen Restaurant. Property
zoned I-2 lies north and south of 42nd Avenue between Quebec
Avenue and the Soo Line Railroad. The district includes both
industrial (north of 42nd Avenue) and office related uses (south
of 42nd Avenue).
The corridor also contains residentially zoned property. The
central one-third of the vacant parcel lying north of 42nd Avenue
and east of the Soo Line Railroad holds an R-4, High Density
Residential zoning designation. Finally, the corridor also
contains two relatively small parcels of land zoned R-0,
Residential-Office. One of the said properties holds a "Dental
Lab" facility, while the other currently lies vacant.
Zoning ApDropriateness. As noted previously, the City has raised
questions regarding the appropriateness of certain zoning
designations within the 42nd avenue corridor. In determining the
suitability of the existing zoning, an examination of the inten%s
of the area'.s existing zoning designations and B-4 Districts is
warranted.
The following are excerpts from the City Zoning Ordinance in
regard to stated purpose for each district:
R-4, High Density Residential District
4.081 Purpose. The purpose of the R-4, High Dens£'
Residential District is to provide for high denst%.
residential uses, and directly related uses.
R-O, Residential-Office District
4.091
Purpose. The purpose of the R-O, Residential-Office
District is to provide for high density residential use
and for the transition in land use from mid density
residential to low intensity business allowing for the
intermixing of such uses.
B-3, Auto-Oriented Business District
4.121
Purpose. The purpose of the B-3,
Business District is to provide for
establishment of motor vehicle oriented
commercial and service activities.
Auto-Oriented
and limit the
or dependent
B-4, Community Business District
4.131
Purpose. The purpose of the B-4, Community Business
District is to provide for the establishment of
commercial and service activities which draw and serve
customers from.the entire community or subregion.
I-l, Limited Industrial District
4.141
Purpose. The purpose of the I-l, Limited Industrial
District is to .provide for the establishment of
industrial development in a well planned, residentially
compatible setting.
I-2, General Industrial District
4.151 Purpose. The purpose
of the I-2, General Industrial
District is to provide for the establishment of heavy
industrial and manufacturing development and use which
because of the nature of the product or character of
activity, requires isolation from residential or non-
compatible commercial uses. The I-2 District is also
intended to provide for large scale activities of a
sociological nature not suited to other districts but
reasonably compatible with the same characteristics
suitable for general industrial use.
If the City is attempting to achieve a cohesive zoning patter?.
that facilitates commercial redevelopment along 42nd Avenue,
residential and industrial zoning district are inappropriate.
Because the majority of commercial uses which lie within
study area are not totally motor vehicle oriented and provi:
services which draw from the entire community, a more intense
zoning designation should be considered more reflective of
variety of existing uses.
4
A B-4 zoning designation would expand the commercial
redevelopment opportunities over the more limited B-3 District.
A change from B-3 to B-4 would, however, maintain the same
performance standards with regard to lot size, lot width,
setbacks, and building height.
In evaluating any rezoning proposals, the City must also consider
the following established policies regarding such actions:
1. Has the character of the area changed to warrant
consideration of a zoning change?
2. Has the rezoning request resulted from a past zoning
mistake?
Generally, it would appear that the area in question has changed
in character from an auto-oriented service area to a community-
wide commercial center. As such, a rezoning to a B-4 would
appear appropriate by more closely reflecting existing area uses
and allowing the City more flexibility in area redevelopment
efforts.
Property Inventory. In order to make specific and concise
determinations of appropriate zoning, the study area must be
examined on a more detailed and intimate scale. The following is
a listing of existing area properties, their existing zoning
designation and the conformance to their particular zoning
district. The following table should be used in reference to
Exhibit D which illustrates specific parcel occupants.
42ND AVENUE REZONING STUDY
Site
Occupant/Address
1 Hardee's B-3
4210 Winnetka
Existing
Zoninq
Existing
District
Conformancy
Yes
(Conditional)
Unocal B-3
4200 Winnetka
Yes
(Conditional)
3 Port Arthur B-3
7858 42nd Avenue
Yes
(Permitted)
4 Phillips 66 B-3
7820 42nd Avenue
Yes
(Conditional)
5 Vacant Building B-3
4211 Rhode Island
6 Kupenheimer B-3
7700 42nd Avenue
No
7 Sunshine Factory B-3
7600 42nd Avenue
Yes
(Permitted)
8 Foremost* I-2
7528 42nd Avenue
Yes
(Permitted)
9 Vacant Building* I-2
7516 42nd Avenue
10 Ardel Eng. & Manf.* I-2
7500 42nd Avenue
Yes
(Permitted)
11 Ind. School District I-1
4148 Winnetka
Yes
(Permitted)
12 Country Kitchen I-1
7849 42nd Avenue
Yes
(Conditional)
13 Autohaus B-3
7701 42nd Avenue
Yes
(Permitted)
14
Vacant Buildin'g
7675 42nd Avenue
R-0
15 Y.M.C.A.
7601 42nd Avenue
I-2
Yes
(Conditional)
*Properties to retain existing zoning
Conformancy
with Proposed
B-4 Zoninq
Yes
(Conditional)
Yes
(Conditional}
Yes
(Permitted)
Yes
(Conditional)
Yes
(Permitted}
Yes
(Permitted)
N.A.
N.A.
Yes
(Permitted)
Yes
(Permitted',
Yes
Yes
(Conditic,~.~ ~ ~
Site
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Occupant/Address
Office Building I-2
4124 Quebec
Office Building B-3
7401 42nd Avenue
First Line Engine B-3
4125 Oregon Avenue
All-Star Sports B-3
7321 42nd Avenue
Vacant Land B-3
7305 42nd Avenue
Total Gas B-3
7231 42nd Avenue
Cafe B-3
7181 42nd Avenue
Tom Thumb B-3
7141 42nd Avenue
Broadway Pizza B-3
7117 42nd Avenue
New Hope Bowl B-3
7107 42nd Avenue
Cook Auto B-3
7100 42nd Avenue
Dental Lab* R-0
4215 Louisiana Avenue
Crown Auto B-3
7140 42nd Avenue
Vacant Building B-3
7180 42nd Avenue
Vacant Lot
7301 42nd Avenue
Existing
Zoninq
Existing
District
Conformancy
Yes
(Permitted)
No
No
No
Yes
(Conditional)
Yes
(Permitted)
No
Yes
(Permitted)
Yes
(Permitted)
Yes
(Conditional)
Yes
(Conditional)
Yes
(Conditional)
Conformancy
with Proposed
B-4 Zoninq
Yes
(Permitted)
Yes
(Permitted)
No
Yes
(Permitted)
(Conditional
Yes
( Permitted )
Yes
(Permitted)
Yes
(Permitted)
Yes
(Permitted)
Yes
(Conditiona 1
N.A.
(Conditi:=:' :.
*Properties to retain existing zoning
7
Auto-Oriented Uses. As shown in the previous table, the study
area does hold a number of auto-oriented uses which are
appropriate to their existing B-3 zoning designation. These uses
include Unocal, Phillips 66, Autohaus, Total Gas, Cook Auto, and
Crown Auto facilities. While the uses do reflect their zoning
designation, they also represent a minority in regard to area use
type. Because these B-3 uses are allowed as conditional uses
within B-4 Districts, and would present no change in terms of
.development rights, a rezoning 'to B-4 is recommended. Such a
zoning designation shall unify the commercial area and provide
the City with greater flexibility in regard to redevelopment
efforts.
Industrial Uses. As noted previously, the subject area'holds two
industrial uses which exhibit I-2 zoning designations.
Specifically, these include the Foremost Metal Specialties and
the Ardel Engineering and Manufacturing facility. Because the
two uses represent established uses within the corridor and are
neither permitted or conditional uses within the B-4 District, it
is suggested that their I-2 zoning designation remain until
redevelopment opportunities arise. At such time, a rezoning to
B-4 should, however, be strongly considered.
The study area also contains an area of I-1, Limited Indus'trial
and I-2 General Industrial zoned land (south of 42nd Avenue and
east Winnetka Avenue). While the uses along the south side of
42nd Avenue are allowed in the industrial zoning district, they
are commercial in nature. Rezoning of the properties to a
commercial designation will be consistent with the existing
development and would eliminate the potential for industrial
redevelopment along this portion of 42nd Avenue. A rezoning of
these properties to a B-4 zoning designation is suggested.
Residential/Residential-Office Uses. As noted previously, a
portion of the subject area holds a R-4, High Density Residential
zoning designation. Because the R-4 property currently lies
vacant, provides a disruption in a contiguous zoning pattern, and
because market conditions have not evidenced a need for such a
use in the area, it is recommended the vacant R-4 parcel be
rezoned to B-4.
The study area also contains two parcels of land which hold R-C,
Residential-Office zoning designations. One of the said parcels,
which lies adjacent to the Autohaus facility, currently lies
vacant and exists ~ssentially as a "spot" zoning district.
said parcel which had held the New Hope Veterinary Clinic
currently being incorporated into the expansion plans of the
adjacent Autohaus facility. Due to the parcel's inconsistency
contextual zoning, a rezoning of the parcel to B-4
recommended.
A second R-O Zoning District lies northwest of the intersection
of 42nd and Louisiana Avenues. The parcel currently contains a
"dental lab" facility and due to its adjacency to a single family
neighborhood, should retain its R-O zoning designation. This is
not to say, however, that when redevelopment proposals do arise,
a rezoning of the property to B-4, Community Business should not
be considered if the site is incorporated into a larger project
abutting 42nd Avenue.
Non-Conformities. The subject area does contain a single
property which currently exists as a legal, non-conforming use
within its B-3 zoning and would remain so under a B-4
designation. The First Line Engine Rebuilders facility, located
southwest of the intersection of 42nd and Oregon Avenues, is not
considered either a permitted or conditional use within either
B-3 or B-4 Zoning Districts. Because a rezoning of the non-
conforming property would not result in the change of any
development rights to the property and would unify area zoning
designations, a rezoning to B-4 is recommended.
CONCLUSION
Based on the preceding review, our office finds that many
properties within the 42nd Avenue study area hold zoning
designations which do not reflect their use. Because the area in
question has changed in character from an auto-oriented service
area to a community wide commercial center, and a rezoning would
follow City policy in rezoning areas which have changed in
character, it is recommended that noted properties in this report
and illustrated in Exhibit E be rezoned from their existing base
zoning to B-4, Community Business District. Such an action would
allow area zoning designations to reflect area uses and allow the
City considerably greater flexibility in future area
redevelopment efforts.
In addition, an amendment to the
will be required to allow the
consistent with the said document.
42nd Avenue Improvement Study
proposed rezonings to lie
cc: Doug Sandstad
EXHIBIT A - STUDY AREA
zoning
Rol
R-3
R-4
R-O
Bo3
Residential-Office
Limited Industrial
General Industrial
45lh avenue north
.:.:.:.'..:.:.:1
::~:!:!:i:
o
FRED SIMS
~! ......:...:.-.:,.......
land use
~ commercial, office
4'2nd avenue improvement study
EXISTING ZON;NG & LAND USE
new hope,
minnesota
0 100' 200' 400'
EXHIBIT B - EXISTING ZONING & LAND USE
45lh avenue no, th
F
,,~ /I~ ~1 '~'~'~ ~ ' ~ l~::'~,'; .... .~__~-~';l~
~'~ ~'~:) .e::~,~-'¥7_z--_. _~-~ I ..... --'- ·
~ ..... ~'1 ~z'~,, ~1 I~1 lit, ~ -~ ~'-'- i~J ~ I
.... 1 .... ] - =-I~: ....
· --' .... ~ -t-- ~-° iP--
I -. ....... :, ,
~ . x, I/
co~m]ercial ,.~--- 4[ ....... [ , __L~.
m~d-h~gh density residential _..
single family residential 4om aven~ no,(. j/
42nd
avenue' improvement study
PROPOSED LAND USE
in(
new hope, minnesota
0 100' 200'
~north
400'
EXHIBIT C PROPOSED LAND USE
~nU~Ay
EXHIBIT D - EXISTING PROPERTY OCCUPANCY
::::::::::::::::::::::::::::::::::::::::
: :~:~:!:'.~[::: ::~;:!: ::::::::::::::::::::::::::::::::::::::::
:::: :~..~:i:!:i:iti~ :: ,.: :::'..; ;:. ::::i::::::::::::::
: :~:~:! ~[C::::::::; t;,i ::: : ::..~.:: :i:::::::::::::::::::::
~:'f f f f f:':"~"'"'"')'.' I.','.'.'.'A'.' f .'.'.'A':':
:[:i:i:!:!~.::::::: :: :::::::::::::::::::::::: ::::~:
:i:i:i: :~: ~:::: :i:i:~i:k~:~:::~ :::::::
: ::;:i:i:.~.'::::::::: :::::::::::::::::::::::::::
EXHIBIT E - PROPOSED ZONING CHANGES
42ND AVENUE REZONING STUDY
Site
Occupant/Address
1 Hardee's B-3
4210 Winnetka
Existing
Zoning
Existing
District
Conformancy
Yes
(Conditional)
2. Unocal B-3
4200 Winnetka
Yes
(Conditional)
3 Port Arthur B-3
7858 42nd Avenue
Yes
(Permitted)
4 Phillips 66 B-3
7820 42nd Avenue
Yes
(Conditional)
5 Vacant Building B-3
4211 Rhode Island
6 Kupenheimer B-3
7700 42nd Avenue
No
7 Sunshine Factory B-3
7600 42nd Avenue
Yes
(Permitted)
8 Foremost* I-2
7528 42nd Avenue
Yes
(Permitted)
9 Vacant Building* I-2
7516 42nd Avenue
10 Ardel Eng. & Manf.* I-2
7500 42nd Avenue
Yes
(Permitted)
11 Ind. School District I-1
4148 Winnetka
Yes
(Permitted)
12 Country Kitchen I-1
7849 42nd Avenue
Yes
(Conditional)
13 Autohaus B-3
7701 42nd Avenue
Yes
(Permitted)
14 Vacant Building R-0
7675 42nd Avenue
15 Y.M.C.A. I-2
7601 42nd Avenue
Yes
(Conditional)
*Properties to retain existing zoning
Conformancy
with Proposed
B-4 Zoning
Yes
(Conditional)
Yes
(Conditional)
Yes
(Permitted)
Yes
(Conditional)
Yes
( Permitted )
Yes
(Permitted)
N.A.
N.A.
Yes
(Permitted
Yes
(Permitted
Yes
(Conditic r.. ~
Yes
( Condi t i c ?. ~ . ~,
Site
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Occupant/Address
Office Building I-2
4124 Quebec
Office Building B-3
7401 42nd Avenue
First Line Engine B-3
4125 Oregon Avenue
All-Star Sports B-3
7321 42nd Avenue
Vacant Land B-3
7305 42nd Avenue
Total Gas B-3
7231 42nd Avenue
Cafe B-3
7181 42nd Avenue
Tom Thumb B-3
7141 42nd Avenue
Broadway Pizza B-3
7117 42nd Avenue
New Hope Bowl B-3
7107 42nd Avenue
Cook Auto B-3
7100 42nd Avenue
Dental Lab* R-0
4215 Louisiana Avenue
Crown Auto B-3
7140 42nd Avenue
Vacant Building B-3
7180 42nd Avenue
Vacant Lot
7301 42nd Avenue~
Existing
Zoning
Existing
District
Conformanc¥
Yes
(Permitted)
No
No
No
Yes
(Conditional)
Yes
(Permitted)
No
Yes
(Permitted)
Yes
(Permitted)
Yes
(Conditional)
Yes
(Conditional)
Yes
(Conditional)
Conformancy
with Proposed
B-4 Zoninq
Yes
(Permitted)
Yes
(Permitted)
No
Yes
(Permitted)
Yes
(Conditional)
Yes
(Permitted)
Yes
(Permitted)
Yes
(Permitted)
Yes
(Permitted]
Yes
(Conditiona')
N.A.
Yes
(Condition' ~.
*Properties to retain existing zoning
7
Auto-Oriented Uses. As shown in the previous table, the study
area does hold a number of auto-oriented uses which are
appropriate to their existing B-3 zoning designation. These uses
include Unocal, Phillips 66, Autohaus, Total Gas, Cook Auto, and
Crown Auto facilities. While the uses do reflect their zoning
designation, they also represent a minority in regard to area use
type. Because these B-3 uses are allowed as conditional uses
within B-4 Districts, and would present no change in terms of
development rights, a rezoning to B-4 is recommended. Such a
zoning designation shall unify the commercial area and provide
the City with greater flexibility in regard to redevelopment
efforts.
Industrial Uses. As noted previously, the subject area holds two
industrial uses which exhibit I-2 zoning designations.
Specifically, these include the Foremost Metal Specialties and
the Ardel Engineering and Manufacturing facility. Because the
two uses represent established uses within the corridor and are
neither permitted or conditional uses within the B-4 District, it
is suggested that their I-2 zoning designation remain until
redevelopment opportunities arise. At such time, a rezoning to
B-4 should, however, be strongly considered.
The study area also contains an area of I-l, Limited Indus'trial
and I-2 General Industrial zoned land (south of 42nd Avenue and
east Winnetka Avenue). While the uses along the south side of
42nd Avenue are allowed in the industrial zoning district, they
are commercial in nature. Rezoning of the properties to a
commercial designation will be consistent with the existing
development and would eliminate the potential for industrial
redevelopment along this portion of 42nd Avenue. A rezoning of
these properties to a B-4 zoning designation is suggested.
Residential/Residential-Office Uses. As noted previously, a
portion of the subject area holds a R-4, High Density Residential
zoning designation. Because the R-4 property currently lies
vacant, provides a disruption in a contiguous zoning pattern, and
because market conditions have not evidenced a need for such a
use in the area, it is recommended the vacant R-4 parcel be
rezoned to B-4.
The study area also contains two parcels of land which hold R-O,
Residential-Office zoning designations. One of the said parcels,
which lies adjacent to the Autohaus facility, currently lie~
vacant and exists ~ssentially as a "spot" zoning district. Tke
said parcel which had held the New Hope Veterinary Clinic is
currently being incorporated into the expansion plans of the
adjacent Autohaus facility. Due to the parcel's inconsistency ir%
contextual zoning, a rezoning of the parcel to B-4 ts
recommended.
8
A second R-O Zoning District lies northwest of the intersection
of 42nd and Louisiana Avenues. The parcel currently contains a
"dental lab" facility and due to its adjacency to a single family
neighborhood, should retain its R-O zoning designation. This is
not to say, however, that when redevelopment proposals do arise,
a rezoning of the property to B-4, Community Business should not
be considered if the site is incorporated into a larger project
abutting 42nd Avenue.
Non-Conformities. The subject area does contain a single
property which currently exists as a legal, non-conforming use
within its B-3 zoning and would remain so under a B-4
designation. The First Line Engine Rebuilders facility, located
southwest of the intersection of 42nd and Oregon Avenues, is not
considered either a permitted or conditional use within either
B-3 or B-4 Zoning Districts. Because a rezoning of the non-
conforming property would not result in the change of any
development rights to the property and would unify area zoning
designations, a rezoning to B-4 is recommended.
CONCLUSION
Based on the preceding review, our office finds that many
properties within the 42nd Avenue study area hold zoning
designations which do not reflect their use. Because the area in
question has changed in character from an auto-oriented ser~£ce
area to a community wide commercial center, and a rezoning would
follow City policy in rezoning areas which have changed in
character, it is recommended that noted properties in this report
and illustrated in Exhibit E be rezoned from their existing base
zoning to B-4, Community Business District. Such an action would
allow area zoning designations to reflect area uses and allow the
City considerably greater flexibility in future area
redevelopment efforts.
In addition, an amendment to the
will be required to allow the
consistent with the said document.
42nd Avenue Improvement Study
proposed rezonings to lie
cc: Doug Sandstad
'~4 ........... 1!! ii'
.~. LL. ~.,.: L.. LL,L Lti'
EXHIBIT A - STUDY AREA
zoning
R-3
R-4
R-0
B-3
Single Family Residential
Medium Density Residential
[~igh Density Residential
Res ident ial -0 ffi ce
Auto-Oriented Dusiness District
Limited Industrial
General Industrial
451h avenue north
O
FRED SIMS
PARK
land use
~ commercial, office
i:!:i:i:!:i:!: single Family residential
J'.?.i '""'"'"" mi d-hi gil density resi den ti
~:'~!~ industrial
42nd avenue' improvement study
EXISTING ZONING & LAND USE
~°"~'"""~'""~ new hope, minnesota
0 100' 200' 400'
EXHIBIT B - EXISTING ZONING & LAND USE
45th avenue no~th
~;....:;~ [::.-] / [ ;l ~1
'?~-'~.:: ,=,~ I ~ n ~ ~'~ ~.-:.
'.'~ .-,,I ...... ~,~--,~ ~1 lit I~1, ....... ~
~:-':'- ~ Itl ~ ~.~ '~ I-D.~I !'ff'!"~-il li~-r~-~ f~i 17-]
~L~-~ r--' ~ ..... ,~ ~"~l tf~ '~-- ~' 0--~'0' b-'~'~fl ~--~-- Il--~
~ / , ,.L ....... ~ [I:]. ~ ~ ..... ~___, __. .... .
....... .....
I x~ ~.l ."' ~,4 5~ ~ --' ' .... ~ .....
legend ' " ',, ¢ I ~ fl,.~--P~-il, i ,aD~l~¢~Lol~ll. F~
~ COl.lllercial lull o 'O-i-~- F~- ~-' L,
:Hthb indus:rial .... ~ I---' .... tt ....... I ....
~ m~ d-~ i ~h dens i ty res ~ den ti a 1 _..
42nd
Jt~
avenue improvement study
PROPOSED LAND USE
new hope, minnesota
~ '~nor th
0 1OO' 200' 400'
EXHIBIT C PROPOSED LAND USE
rUM
~ REQUF.~T FOR ACTION
originating Department Approved for Agenda Agenda Section
City Manager EDA
Kirk McDonald i ~ 11-25-91 Item No.
By: Management Assistant By:/ 5
DISCUSSION ON REQUEST FOR AUTHORIZATION TO OBTAIN APPRAISAL ON
ELECTRONIC INDUSTRIES PROPERTY AT 7516 42ND AVENUE NORTH
The City has issued an ORDER TO REPAIR OR DEMOLISH HAZARDOUS BUILDING upon
Electronic Industries, Inc.,pertaining to the building located at 7516 42nd Avenue North in New
Hope. The order states that the City declares the building as hazardous and dangerous and
requires that it be repaired or removed within 30 days from the date of the order. The grounds
for the order, as outlined in the letter, are based on extensive corrosive damage to the building's
structural steel columns, beams, roof bar joists and roof decking, extensive corrisive damage to the
electrical systems, and extensive contamination in and under the building including, but not limited
to, the floor slab, soil and ground water. Representatives from Electronic Industries have
contacted the City and' indicated that they would be willing to sell the property at a reasonable
price, in light of the order. They do not desire to make extensive repairs to the building, only to
have the property taken by the City.
Staff requests to discuss this order with the EDA and to have the EDA consider authorizing the
obtaining of an appraisal on the property to determine the current market value in said dilapidated
state. The purpose of obtaining the property would be to tie it in with the Quebec Avenue
Redevelopment Project (Project No. 474-Foremost, Inc.), to accelerate the cleanup on the site by
possible excavation, and ultimately to redevelop the site into a commercial use. Staff has obtained
an estimate from Brad Bjorldund, BCL Appraisals, Inc. in the amount of $3,500 to appraise the
property of Electronic Industries. Staff is requesting that EDA consider authorizing proceding with
the appraisal. The appraisal would be funded out of 42nd Avenue tax increment monies.
Review: Administration: Finance:
RFA-O01 ~
CORRICK & SOND~
A PNq~4EIqBN~ O~ IqqOI~I~KX4~L OO~/K~ATIONI~
8525 Eclinbtook
Suite #203
Brooklyn Park, Minnesota 55443
C
November 14, 199!
Howard Gulden
616 Parkview Terrace
Golden Valley, NN 55416
Prairie, Anderson & Zemke
400 Commerce CoLtrt
Vadnats Heights, NN 55t27
RE-
ORDER TO REPAIR OR. DENOL!SH HAZARDOUS BUILDING
Our File No: 99. 53004
~ir3:
Enclosed herewith and served upon you by United States Mail is the
referenced Order pertaining to the building located at 7516 ~2nd
Avenue North in the City of New Hope. You have received th~s Order
because it has been established that you are an owner or lien
holder of record as defined by Ninn. Stat. §463.15(4). Please si3n
~nd return ~he enclosed Not,ce and Acknowledgment of Service ~¥
H~il ~ndicaCing you have received the enclosed Order.
very truly yours,
ORIGINALSIGNED
~vcrCVENASONDRA~
Steven A. $ondral]
New Hope C~ty Attorney
sit
Enclosure
CC:
Daniel J. Donahue, Ci[y Manage THISCOPYFOR
Kirk McDonald, Hana9e~ent Assr
Doug Sandetad, City Building Official
Aaron Biber, Esq,
COFIRICK LAW OFFICF.~, PA.
WILLIAM J, CORRK;K
S'TEV~N A. SONDRALL, PA.
STE-~EN A.~ONDRAL[,
MICHAEL R. L~.FLEUR
MARTIN P. MALECHA
WILLUkM C, STRAIT
COR~JCK & SONDRALL
A PN4TNI~R~HIP OF IJROI~E~ONA[ C, ORPORA?ION~
Edinburgh Executive Office Plaza
8525 Edinbrook Crossing
Suite #203
Brooklyn Park, Minnesota 55443
TELEPHONE (612) 42~567t
FAX (612) 42~5~7
LAVONNE E. KEgI(E
SHARON D, DERBY
November 14, 1991
TO:
RE:
ALL OWNERS OR LIEN HOLDERS OF RECORD
ORDER DECLARING REPAIR OR REMOVAL OF HAZARDOUS BUILDING
Common Address: 7516 42nd Avenue North, New Hope, MN
PID No: 17-118-21 22 0007
Legal Description: The West 95 feet of the East 195 feet
of the South 350 feet of Lot 5, Auditor's Subdivision
No. 324, Hennepin County, Minn.
TO WHOM IT MAY CONCERN:
The purpose of this notice is to inform all interested parties that
the City of New Hope hereby declares as hazardous and dangerous the
building located on the referenced property and hereby orders its
repair, vacation or demolition per Minn. Stat. §463.15 et. al. and
New Hope Code §9.40 et. al.
The grounds for this order are as follows:
i)
There exists extensive corrosive damage to the building's
structural steel columns, beams, roof bar joists and roof
decking. There also exists extensive corrosive damage to
electrical systems including conduit, fixtures and
overall electrical service.
ii)
There exists extensive contamination in and under the
building including, but not limited to, the floor slab,
soil and ground water.
In the event that the building is not repaired within a reasonable
time not to exceed 30 days from the date of this order, it will be
demolished.
Repair options are as follows:
November 14, 1991
Page 2
1. Removal of the entire metal roof deck including
insulation and building up of roofing and rock in place. This must
be replaced with new corrugated decking of a suitable gauge
thickness and dimension to support the required snow loads and
other loads that are required by building codes. Bar joists must
be tested by an independent laboratory, such as Twin City Testing,
in order to determine whether corrosion has rendered them
structurally unsound. If said bar joints are structurally unsound,
then entirely new bar joists would have to be installed.
Structural steel [)eams and posts have suffered corrosion damage and
will need to be repaired in strict accordance with the
recommendations of an independent testing laboratory, such as Twin
City Testing. Sand blasting of beams in addition to effective
paint ceiling may be adequate. Posts may require replacement.
2. The second category of repairs would involve electrical
service to this building, most of which has been removed. An
analysis of electrical service must be made by an independent
testing laboratory to determine the extent of corrosive damage to
the wiring, insulation, conduit, connections, switches, fixtures,
services, meter and all other components of the electrical system.
At the present time, visual damage to electrical systems is
apparent. All damaged systems must be removed after the roof
systems are totally rebuilt.
3. A third category of repair would involve having an
independent testing agency drill test cores through the floor slab
in at least six locations throughout the building to determine if
the building materials themselves have surface or interior
contamination. A careful analysis must be made for contamination
of building materials, soil and water as an assortment of toxic
materials has been used over a period of years according to records
now available. A complete screening of heavy metals and toxic
organics and other materials will have to be made. Once evaluation
of building materials and soils under the building is made, it may
be appropriate to remove major portions of these building
materials, including slabs and soil under the building. The
products of any demolition may qualify as hazardous waste requiring
specialized handling, shipment and disposal.
Please be advised that a motion for summary enforcement of this
Order will be made to Hennepin County District Court unless
corrective action is taken, or unless an Answer is filed to this
Order within the time prescribed in Minn. Stat. §463.18.
November 14, 1991
Page 3
If any further information is needed,
undersigned at (612) 425-5671,
Very truly yours,
Steven A. Sondrall
New Hope City Attorney
you may contact the
slt3
4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521
May 10, 1989
Mr. Mike Ta~leur
Corrick& Sondrall
3811WestBroadway
Robb/zlsdale, ~ 55422
SUBJECT: k~'TRONICS I/~//STR~ (RI) (~T~%TIC~, 7516 42ND AVENUE NORTH
Dear Mr. T~leur:
September 22,
_ 1983, I ~ ~=overed a sanitary sewer '
"l~U~:-- : ..... O -- - ..... :=a~.. . disc/~e problem during a
~t_u ~,~j z.u~. _p~.~ ~, 'n~e ac~a=c mar. er~als that. ~ business discharges into
~. =~ ~ .ea.r~_ away ~ .~ of the .~s~.'.tary sewer pipe urger the
so" .u~...a~ a. ~ locar~o ]us= east of the build/n~. It was clear that the
~ ~n nus v~cu~%7 and penhaps groundwa~, w~re contaminated because of the
exotic mterials they .were d/~~. ..~e MPCA was notified ia~ed/ately.
The foll~ing day the MPCA staff inspected t~e pruperty and beqan involvement.
There are three catego~ ries of specific known hazards o~ tblm property as
follows:
Corrosion damage to structural steel columns, beams, roof bar joists and
A/x30-~t 10, 1988.
Corrosion damage to electrical systems including conduit, fixtures and
perhaps service. S~_ the G. N. Hashmi analysis of August 10, 1988.
Floor slab, soil and grourn%mt~r c~mamination in and under the buil~
and in th~ vicinity.
~he standard of damage or deterioration is met per City Ordinance 9.402, sub 3
the values as follows:
$ 25,000
$ 47.000
$ 72,00Q
1961
1968 Addition
Family Styled City '~~ For Family Livin[
Mr. Mike I.aFleur
Page2
My estimate of damage is $50 - $150,000. Any one of the three categories
presents a serious hazard with the partial evidence that we have already
gathered. In s~m,~ry, the demolition of this building bec/an many years ago
during the period that Bob Prairie and EI occupied the premises. This
demolition is evidenced by the visible pitting and scoring of the building and
probably includes underlying "invisible" damage as well.
~nere is little chance that repair is pract, ical. Repair options:
Catecjory 1:
It is likely that the metal roof deck' would have to be
removed entirely includir~ the insulation, kalilt-up roofing
and rock in place. This would be replaced with new
corrugat~ decking of a suitable gauge thickness and
dimension to support the re~ired snowloads and other loads
The barjoists should be tested by an independent laboratory
such as Twin City Testing to determine whether corrosion
bas rendered them structurally unsound. In this case,
entirely new bar joists would have to be installed.
category 2:
Structural steel beams and posts: these have suffered
corrosion damage and will need to be repaired in strict
accordance with the rec~,..Lendations of an independent
te~t. ing laboratory such as Twin City Testing. It is likely
that a sand blasting of beams in addition to an effective
paint sealing may be adequate. Posts may re~i re
replacement.
~ of the electrical in this buildi~ has been removed.
An analysis nmt be made by an ~t testing lab ~h
as Twin City Testing to detexmine the extent of coa£usive
damage to the wiring, insulation, conduit, connections,
switc2xe~, fixtures, services, meter and etc. Visual damage
is apparent on electrical s~. All damaged systems
~ be removed after the roof systems are totally rebuilt.
An independent testing agency would have to drill test
cores thr~ the floor slab in at least ba]f a dozen
locations to determine if the k~il~]i~3 mterials themselves
have surface or interior contamination. Careful analysis
would have to be made for contamination of building
mterials, soil and water for an assortment of toxic
materials which have been used over a period of years
accord/rig to records now available. A complete screening
of heavy metals and toxic organics and other materials will
have to be made. Once the evaluations of building
materials and soils under the' building is made, it may be
appropriate to remove major portions of these building
Category 3 (cont/r~/ed)
materials including slabs and soil under the building.
Note that the products of any d~olition my qualify as
hazardous waste requiring specialized handling, shipment
Please draft the necessary documents t~ cc~mence action to force
demolition/rebuilding of the st~_cture.
It is interesting to note that we now have copies of letters and reports
various agencies that indicate highly-corrosive discharges into the sanitary
sewer as far back as 1973. We know that Bob Prairie was Vice President in
1975. See the attached print cut f~om the Metropolitan Waste Control
C~..~sion of sewer discharge records f~. 1973 - 1977 under category "PH
Units", where "PH" limits lower than 5 are very corrosive. You should be aware
that a number of federal, state and local agency rules have been violated by
In 1981
there were local limits on sanitary sewage discharge which they
violated,
in 1984
EI violated the Environmental Protection Agency (EPA) corrosive
discharge rules,
in 1985
EI violated the Metropoli~ Waste Control Commission discharge
limits,
in 1986
they received a notice of violation of Federal EPA standards
There may w~ll have be~m a plumbing code violation by dischargir~ acids and
toxics thr~ sewer waste piping that was not suitable for such use. Let me
know if you want me to research which c~des were in effect, when. Penalties
have not assessed by the ~ nor for violation of any EPA rules although token
fines have been levied by the MPCA.
Do we have an irfcerest in any d~-~ ~ion of possible criminal matters? Please
advise..
Douglas C, Smith
Director of Fire & Safety
cc: File
Daniel J. Donahue
Minnesota Pollution Control Agency
520 Lafayette Road, Saint Paul, Minnesota 55155-3898
Telephone (612) 296-6300
March 25, 1991
Mr. Vendell Van Vliet
Electronic Industries, Incorporated
400 Commerce Court
Vadnais Heights, Minnesota 55127
Dear Mr. Van Vliet:
RE: 1990 Annual Report and Vork Plan
Electronics Industries Remediation Project
Minnesota Pollution Control Agency (MPCA) staff has reviewed the annual report
and found it to be an accurate summary of last year's data collection
activities. We concur with the proposed work plan to construct an additional
remedial well (RW-2) to'capture and treat contaminants that have migrated beyond
the capture zone of RW-1. Implementation of the work plan is requested in
accordance with paragraph B.3. in the Stipulation Agreement between MPCA and
Electronic Industries, Incorporated which states that MPCA may require
additional remedies to abate pollution created by the initial tank failure. In
addition, we are pleased that the City of New Hope is cooperating in this effort
by granting Electronic Industries, Incorporated permission to construct RW-2 on
city property.
Considerable time and effort was put forth by MPCA staff investigating the
hydrogeologic characteristics of this site in an effort to evaluate design of a
second remedial well. Unfortunately~ the nature of this site precludes a
precise and cost effective analysis of the extent of the capture zone for
remedial well (RW-1). However, we know from existing data that RW-1 has been
effective in reducing TCE concentrations in its vicinity and believe that RW-2
will have a similar influence on the levels of TCE in the soil matrix and
ground water in its vicinity. It is anticipated that both wells will tend to
dewater the aquifer more frequently, but this should cause no significant
problems, particularly if RW-2 has a float actuated pump. Furthermore, it is
likely that RW-1 and RW-2 will need to be in operation for an extended period of
time based on the performance of similar_pump and treat systems with dense
non-aqueous phase liquids such as TCE.
There are methods to expedite degradation and/or removal of TCE. Some possible
techniques to do this include the following:
1. Injection of steam into the aquifer to mobilize TCE;
2. Implementation of a vapor extraction system~
Encourage biodegradation of the TCE by soil organisms; or
Excavation of the contaminated soils and treatment (this option
assumes that the Electronic Industries Building, Ardel and possibly
Foremost are leveled).
Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester
Equal Opportunity Employer · Printed on Recycled Paper
Mr. Vendell Van Vliet
Page 2
These techniques and others bear consideration for this site as a means to
accelerate remediation. If a suitable plan could be developed, it could
potentially save Electronic Industries, Incorporated the expense of having to
operate a pump and treat system for an indefinite period of time.
As discussed previously, city monitoring wells MV-4, MV-1 and Electronic
Industry Incorporated's MV-9 and M~-7 will be sampled for TCE and the results
reported in the next quarterly report. In reference to the work plan schedule
for RV-2, please submit for MPCA review the plans for this installation prior to
its construction, along with the well permit from the health department.
If you have any questions concerning this letter, please contact
Scott Carlstrom of my staff at 612/642-0419. Please contact Mr. Carlstrom prior
to initiation of construction in April 1991.
'~r~_w~e lY ' ~
Roger D~ Bjork, Manager
Regulatory Compliance Section
Hazardous ~;aste Division
RDB:lh
cc: Kirk McDonald, City of.-~ew-Hope
YOUNG MEN'S CHRISTIAN ASSOCIATION
OF METROPOLITAN MINNEAPOLIS
GENERAL OFFICES 30 SOUTH 9TH STREET
MINNEAPOLIS, MINNESOTA 55402
AREA CODE 612 371-8700
November 5, 1991
Mr. Ed Erickson
Mayor
City of New Hope
4401 Xylon Ave. N.
New Hope, MN 55428
Dear Mr. Erickson:
The YMCA of Metropolitan Minneapolis, on behalf of its Northwest Branch located in New
Hope, Mn., would like to propose to the City of New Hope a proposition that will satisfy the
YMCA's $76,271 assessment for the Quebec Avenue Extension Improvement Project No. 450.
The YMCA will deed to the City of New Hope the holding pond and the high ground south of
it as payment for its Project 450 assessment as described in the Bjorklund appraisal dated Oct.
21, 1991.
As you recall, the YMCA allowed the City of New Hope to construct a holding pond on its
property some years ago to assist the City of New Hope in reaching a solution to a flooding
issue with the City of Crystal. The YMCA was not compensated for the holding pond, and at
that time gladly cooperated with the City of New Hope so as to be of assistance to the City of
New Hope.
We would appreciate very much your reply to this proposal on or before Nov. 22, 1991.
Thank you.
Sincerely,
Chuck Holmes
Vice President
cc: Dan Dona_hue
James Gilbert
Fremont Fletcher
Jeff Watson
Rosemary O'Meara
Phil Nyvall
A PARTICIPATING MEMBER
OF THE MINNEAPOLIS AREA
UNITED WAY
WILLIAM J. CORRICK
STEVEN A. $ONDRALL
MARTIN I~. MALECHA
WILLIAM C. STRAIT
CORRI(iK & ~ONDRALL
CHARTERED
L~w~R8
38ll WEST BI~OADWAY
ROBBINSD~LE, ~B~t 55422
LEGAL ASSISTANT
SANDRA ,J. KRUSE
September 30, 1985
Mr. Daniel J. Donahue
City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Re:
YMCA DeJarlais Land Gift
Our File No. 3.4751
Dear Mr. Donahue:
As you know, Ralph DeJarlais, fee owner, is considering donating
Outlot A, Block 1, DeJarlais Addition to the YMCA - Northwest
Branch. Outlot A is currently used by the City as ponding area
under the terms of an easement from the then fee owner, Old Dutch
Foods, Inc., dated January 26, 1979. The YMCA expressed an
interest in acquiring Outlot A if it can give the City an
easement for the ponding area and the easement includes an
indemnification clause from the City to the YMCA for any personal
injuries that do not occur as a result of negligence of the YMCA
or its employees.
We recommend that no action be taken on the YMCA's request for an
easement with indemnification clause for two reasons. First, the
permanent easement from Old Dutch Foods in 1979 runs with the
property and will always be in effect no matter who the property is
transferred to. If Mr. DeJarlais gave property to the YMCA, the
City's easement would still be in effect and the YMCA would take
the property subject to the easement. The City paid Old Dutch
Foods $30,000.00 for the easement in 1979.
Secondly, should any accident or injury occur on the property and
involve the ponding area, the City of New Hope would certainly be
named as a defendant in any lawsuit. However, the property owner
would also be named as a defendant. It is this liability which the
YMCA wishes New Hope to indemnify it from. The YMCA wants
protection from lawsuits involving the ponding area, yet will be
giving nothing to the City in return.
Mr. Daniel J. 'Donahue
Page Two
September 30, 1985
The net result of the YMCA proposal would be increased liability
for the City offset by no gain since the City already owns the
easement it needs. We reco~end that no further action be taken in
this ~tter. If you have any questions or co~ents, do not
hesitate ~o contact me.
William J. Corrick
k3f5
cc: Ms. Julie A. Wrase