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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