HomeMy WebLinkAbout08-13-08 Council AgendaAGENDA
LITTLE CANADA CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, AUGUST 13, 2008
CALL TO ORDER -Workshop Meeting -City Council - 6:00 p.m.
Roll Call
1. Multi-Family Housing Licensing Program
Adjourn
CALL TO ORDER -Regular Meeting -City Council - 7:30 p.m.
Roll Call
Mayor Mr. Bill Blesener
Council Member Mr. Rick Montour
Council Member Ms. Barbara Allan
Council Member Mr. John Keis
Council Member Mr. Michael McGraw
City Adminisri•ator Mr. Joel Hanson
City Attorney Mr. Patrick Kelly
City Planner Mr. Steve Grittman
Cable TV Producer Ms. Vanessa Van Alstine
City Clerk Ms. Kathy Glanzer
APPROVAL OF THE MINUTES
July 23, 2008 Workshop Council Meeting
July 23, 2008 Regular Council Meeting
July 23, 2008 Closed Council Meeting
ANNOUNCEMENTS
**This agenda is subject to change by additions and deletions.**
H:\KathyG\Agenda-Hearings\Agenda.doc
AGENDA
CITY COUNCIL
AUGUST 13, 2008
CONSENT AGENDA
2. Approval of the Vouchers
3. Approval of Massage Therapist License -Benjamin Mart, Noupath Massage
4. Call for Vacation Hearing -Portion of Viking Drive
5. Appointment of Election Judges for September 9, 2008 Primary Election
6. Approval of Partial Pay Request -Desoto Retaining Wall
7. Approval of Partial Pay Request - SW Watertnain Improvement
8. Approval ofChange-Order- SW Watermain Improvement
9. Approval of partial Pay Request - 2007 Restoration Project
10. Approval of Exemption fiom City Center Usage Policy
STAFF & CONSULTANT REPORTS
City Attorney
1 I . Call for Closed Session to Discuss Pending Litigation
Twin Cities Stores -Oasis
Dayspring Development
City Administrator
12. Little Canada Road Bridge
13. Terrace Heights Land Swap Agreement
14. Abatement of Nuisance - 990 County Road D East
2
AGENDA
CITY COUNCIL
AUGUST 13, 2008
DEPARTMENT REPORTS
Economic Development/City Council
Public Safety/Gaming
Public Works
15. Award Bid for Condit Street Improvement
Buildin~Zoniug/Code Enforcement
Parks & Recreation
Adjouim
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515 Little Canada Road, Little Canada, MN 55 1 17-1600
(651) 766-4029 /FAX: (651) 766-4048
www. ci.little-canada. mn. us
MEMORANDUM
TO: Mayor Blesener & Members of the City Council
FROM: Joel Hanson, City Administrator
DATE: August 8, 2008
RE: Rental Housing Licensing Ordinance
MAYOR
L3i11 13lesener
COUNCIL
Rick Montour
Barbara Klan
John Keis
Michael McGraw
ADMINISTRAII~R
Joel R Hanson
Attached is a draft of aMulti-Family Licensing Ordinance. It is based on Bumsville's model developed
in conjunction with the Minnesota Multi-Family Housing Association. I have attempted to modify it to
our situation based on past comments by the City Council and in meetings we have held with
representatives of some of local apartment complexes. A copy is currently being review by the City
Attorney and he will be present at Wednesday's workshop.
In this draft, I have used highlighting to indicate the following:
RED -revisions to the previous draft
GREEN -questions/issues that need to be addressed or clarified
ORANGE -error in model that has omitted language
Some of the key issues we need to discuss are as follow:
/ Inclusion of Single and Two Family properties. Initially, we had not proposed doing this.
However, with the increasing conversion of single family homes to rental properties and some of
the issues that have resulted, it may be a good idea to address those properties at this time. Many
of our neighboring cities have focuses specifically on this issue.
/ Penalties for Violations
/ Inspection Documentation (HUD Inspections versus City Conducted Inspections)
/ Inspections of Individual Units, subject to consent
/ Penalties - by Unit or Complex
/ License Fees -See samples of Rental License Fees Attached
/ Establishment of a Property Maintenance Code (See Burnsville's Attached)
/ Related to the use of a Property Maintenance Code is a recent Supreme Court ruling involving
the City of Morns. At this time, I'm not clear as to what role this code can play in a rental
housing ordinance. I have asked the City Attorney to research this issue and report to us at
Wednesday's workshop. The League of Minnesota Cities is also considering a legislative policy
that may help to clarify this issue.
/ STAR Program requirements
/ Establishment of Administrative Fines (noted as civil fines in ordinance)
AN ORDINANCE CREATING CHAPTER 3200
OF THE LITTLE CANADA CITY CODE, KNOWN AS THE MUNICIPAL
ORDINANCE RELATING TO
RENTAL HOUSING LICENSING
THE CITY COUNCIL OF THE CITY OF LITTLE CANADA, MINNESOTA
ORDAINS: The Little Canada City Code is amended to insert the following new Chapter
3200, entitled "Rental Licensing":
Section 1
3200.010. PURPOSE AND INTENT: The City Council has concluded that the
regulation of the rental practices of single family and multi-tenant residential dwelling
units through licensing will thereby promote the health, safety and welfare of the
residents of the City, particularly those residents who live in rental properties and
neighborhoods surrounding them. The purpose of the Property Licensing Code is to
establish minimum standards, and procedures for their enforcement consistent with the
right to personal privacy, for the protection of life, limb, health, property, safety, and
welfare of the general public and the owners and occupants of all rental buildings and
properties within the City. The City intends that the Rental Housing Licensing Code be
an integral part of the City's program of health, safety, building, and land use regulations.
3200.020. INTERPRETATION: This Code is to be construed liberally in conjunction
with the provisions of the City Code to give effect to the policy, purpose, and objectives
of this Chapter, but is not to be construed to modify, amend or otherwise alter the
provisions of the City Code relating to health, safety, building or land use regulation. It is
not the intention of the City to intrude upon the fair accepted contractual relationship
between tenant and landlord. The City does not intend to intervene as an advocate of
either party, or to act as an arbiter. It is determined that certain conditions within existing
buildings, lawful at the time of construction of the building, and not creating a hazardous
condition, may not comply with the minimum requirements of this Code. Such conditions
are referred to as "built-in deficiencies," and the Code official, in administering this
Code, may consider built-in deficiencies as being beyond reasonable correction and
accept them as an alternate method of meeting the intent of the Code.
3200.030. DEFINITIONS: The following words and terms when used in this
Chapter shall have the following meanings unless the context clearly indicates otherwise:
A. "Adult" - a person eighteen (18) years of age or older;
B. "Applicant" -refers to a person as defined herein, who completes or signs an
application for a license to rent real estate individually or on behalf of a business.
C. "Assisted living" -refers to assisted living facilities licensed by the State
of Minnesota
D. "Business" -refers to the business of leasing properties for home
occupation purposes;
E. "License Holder" -refers to the owner of the property licensed to lease to
residents.
F. "Person" -one (1) or more natural persons; a partnership, including a
limited partnership; a corporation, including a foreign, domestic, or nonprofit
corporation; a trust; a political subdivision of the State; or any other business
organization.
G. "Single Family rental dwelling" - means a residential building consisting of
three units or less under common ownership.
H. "Tenant" -means the lessee of a unit within a residential building.
I. "Multi-Family rental dwelling" - means a residential building consisting of
more than three units under common ownership.
J. "Manager"- means an individual who is hired or is applying to be hired by
a licensee and who has or would have the means, within the scope of the
individual's duties, to enter tenants' dwelling units. "Manager" does not include a
person who is hired on a casual basis and not in the ongoing course of the business
of the licensee.
K. "Property Owner" means the owner of real estate.
L. "Residential Building" means a structure designed and used for residential
rather than commercial or industrial purposes.
3200.040. LICENSE REQUIRED: No person shall lease any unit upon real property for
residential purposes any place in the city without first obtaining a license and paying a
license fee. Licenses are required for each unit of a building.
A. Application. An application for a license to lease real property shall be made
on a form provided by the city. The application shall include, but is not limited to,
requiring the full name of the applicant, the applicant's business address, a-mail address,
and telephone numbers, the name of the proposed license holder, the location for which
the license is sought. The completed application along with the application fee shall be
submitted to the city administrator or designee for review. If the city administrator or
designee determines that an application is incomplete, the application shall be returned to
the applicant with notice of the deficiencies. An application for a license to lease real
property shall be made on a form provided by the City. The application shall include, but
is not limited to requiting the full name of the applicant, the applicant's business address,
e-mail address, and telephone numbers, the name of the proposed license holder,
the location for which the license is sought.
B. Action. The city council or its designee may either approve or deny the
license, or may delay action for up to sixty (60) days to permit the city to complete any
investigation of the application or the applicant deemed necessary. If the city council or
designee approves the license, a license shall be issued to the applicant. If the city council
or designee denies the application, a notice of denial shall be sent to the applicant at the
business address provided on the application along with the reasons for the denial. The
notice shall also inform the applicant of their right to appeal the decision to the city
council pursuant to the process set forth in section 3200.100 of this chapter. If a license is
mistakenly issued or renewed to an applicant or license holder, it shall be revoked by the
city administrator or designee upon the discovery that the person, applicant or license
holder was ineligible for the license under this chapter.
C. Term. All licenses are issued for a period of one year. The license period
is from January 1 to December 31.
D. Adverse License Action. Any license issued under this Chapter maybe
denied, revoked or not renewed as provided in Section 3200.100 of this ordinance.
E. Transfers. All licenses issued under this Chapter shall be valid only on the
premises for which the license was issued and only for the person to whom the
license was issued. No transfer of any license to another location or person shall
be valid without the prior approval of the City Administrator or designee.
F. Display. Every license shall be conspicuously posted at the location for the
rental property for which the license is issued and shall be exhibited to any person
upon request.
G. Renewals. The renewal of a license under this Chapter shall be handled in
the same manner as the original application. The issuance of a license under this
ordinance shall be considered a privilege and not an absolute right of the applicant
and shall not entitle the holder to an automatic renewal of the license.
H. Denials. The following shall be grounds for denying the issuance or
renewal of a license under this Chapter. The following list is not exhaustive or
exclusive:
1. The applicant has had more than three licenses to lease rental property
or fifty percent (50%) of units licensed, whichever is less, revoked within
the preceding twelve months of the date of application.
2. The applicant fails to provide any information required on the City
license application, or provides false or misleading information.
3. The applicant or has outstanding fines, penalties or property taxes owed
to the City.
3200.050. EXCEPTION: A property owner that leases the subject property as set forth
on the following list is exempt from this Ordinance:
A. Retail/Commercial/Industrial rental activities.
B. Nursing homes as licensed by the State Department of Health and Human
Services.
C. Assisted Living facilities as licensed by the State Department of Health and
Human Services.
3200.060. l: i~ ~;Y t+; ~ "t' l t s~! °~.
A. fs€rr~sn~€€at to tlxl~ ~~cticsa~, €b~e ~i~ ~ha[1 ~sstal:~ aa€~~ie~ti~~a~ tsa al~€ ~ €snx€a~ clx~
€°€€~¢€ilt€€arg ai F°CS'%t,>l el€€~c:lli~a<; 1€.s~srtest e~itlai~r 3lre~ Cl€~= t`ete° (1a 4= ,s~~r iz€€y~~ €at €r~€c€x'€°~'_~ €:ize
k'€'2€t4£~ l~€a.P~39ESr~ Y rda"s.€1£Rr°t8;. $ lC<:; ~;¥l~' Y Cl~'>iri;T&<Etc€1 @Iz41Jc6;idY P` d?P.fx~j/ x ntl,ts ;,'„AiP:4kt P~Y'~; :air t[
s~rr€~~ ~ at ,€ll .°c:^a~~East~€l~@~ Earir€=€; t€19 e•c~€t€al eles~s=.91€~r„;~ s€€acl g €c:~tr€~€~~ z€ft~^a° €€late~aarir€~;
~~~~ge€rt £r~€€€ ~xa occ€€laat€l. aat t9as; pa°~nrlscs. l€t tl€c evcra4~ t&zett a~n €at ~.~€fa~snt csf tic
laa cs€ri,roc~ ~~exc~ ar€rt ~sas~sca€t lcs trrta €~ i>~' €lxe t..`st~"v €€c4ir,sQ €r~~si a~r~lrc€ t€;a', <ase41 €1` ~=ac;^~ i
gar°cs6~faCrl€; ,w~€ry~c t~$ l:cl~sae~c tf€,:gt ~a€~ ~€r5iac€.a:eek€w ~s €;~>: A°<€zgt=~cl, tl€c~~ slrlBtse~<rtlsr€; ~t€f€;~ lac
a~a€d~ tes tle€ s°sza€r@ "€aa° ~€o sadse€1€rast€°;~tav~ er ealh€ t yea€°dh waa°raa€t for° tle~ €as~rp~~~ gal
tk€tit's€',~~ti@§~ £l:f. laB'cSEiY~:c4.
i~. Iraspectl®n ;nidetEnes shall be estab€ished fear the systenratec inspeetia)tr o~l'
a•erttal dwwellnng units that talae aerto considerate®aa the agse of scare inspection
resources aar€3 the foldoawiazg factors:
1. Rental dwel8iups aaet6a cfelearclucnt pc•tapes~ty taxes.
2, ~s•eaperty identified as havang aar excessive nunrbez~ of laoznsing c¢de
violataatas or a hiltoa°y of ntrn-coanplia~ace €ar slow ~®tnplaance ea~ith kaousang
aarspectcb~n €a¢°ders.
3, Rental dares@iregs for which n<s license has been abtafned,
4. F2esatat davel3ings avith axa excessive n@cnaber of p€>lice calls E€~r dY~€€g
€atfezases9 prostatteti®n, crscn€* of force €sr violence, atxcl loud disturbances tse~ partieso
~, Sale €sf tEae equetabie Interest In a e~ental dwvelling property.
6. Ctsnversion aaf haanesteaded daa~e4ling units to rents[ davelling units,
B. Single Family Dwellings shall be inspected in their entirety at the Property
Owner's expense following any violation of this ordinance, the City Code, Building
Code, Uniform Fire Code, or Property 1~Iaaartenance :ode and thereafter on a schedule
as may be adopted by the City.
C. The Common Areas of Multi-family Dwellings shall be inspected on a
schedule as maybe adopted by the City. Common Areas inspections maybe waived for
participants in the STAR Program as set forth in this Ordinances "I'he City rsaay also
wake i~sspectseeas of rand®ur aaseltsy saxbgect t€r ~€arsseart ®f` a~a €rce€apant of fhe aasglt to
be Inspected,
D. As a condition of re-obtaining a license for a unit that has been revoked, the
unit at issue shall be inspected at the Property Owner's expense as set forth in the City's
fee schedule.
E. Any code violation noted by the City must be remedied in a timely fashion as
by the Property Owner based upon deadlines estalslashed by the City and re-inspected
for compliance by the City.
3200.070. ISSUANCE OF LICENSE. The application will be reviewed and
the property will be inspected pursuant to Section 3200.060. If the property meets
applicable Codes, laws and ordinances, and fees have been paid, the Code official shall
recommend issuance of the license. If the property is in substantial compliance with
applicable Codes and laws, and there are no hazardous conditions, a license may be
issued with the condition that violations will be corrected within a specified time period.
(Lssuer XeEitiral flood aJ`ap~lecarions saatzy ssaake tistzely inspection irnprcxctichC. Vasa
licenses be cosaditionally issa~esl subject to a sratisf~zctory inspection??)
3200.080. LICENSE FEE: The application fee shall be determined by the City Council
from time to time by Resolution, and shall be paid at the time of application. License
fees, as set forth by City Council resolution, shall be due prior to the license expiration
date; in the cases of new, unlicensed dwellings, license fees shall be due upon issuance of
the certificate of occupancy; iu the case of €€eitaal ltcensiaag, dicens° fees shah be dace
agposr appClcatlon9 in the case of licensing periods of less than one (1) year, license fees
nsay be prorates!. The City Council may provide an exemption to the payment of all or a
portion of license fees for Single Family or Multi-Family Licensees that remain free of
violations under Section 3200.100 herein.
4
3200.090. CITY PROPERTY MAINTENANCE CODE.'flac §::ity~~ Profa~-d~
i~$~~ar~Eraarr~~; Caarlc, the Uniform Building Code, and the Uniform Fire Code are, in their
entirety, except as modified or amended in the City Code, adopted by reference and are
made a part of this Code as if fully set out at length.
3200.100. VIOLATIONS BY PROPERTY OWNERS: Issue - by acsriS cse• corml,leu
A. VIOLATIONS. The following actions by Property Owners or License
Holders are subject to civil penalties, constitute the basis for revocation of licenses, may
result in injunctive action by the City and constitute cause to terminate participation in
the STAR Program which is further defined in Section 3200.130 herein:
1. Leasing residential units without a License or units subject to license
revocation.
2. ~Ilolatloaa of the Cf~j's Pr®per•fy tYlainienance Code, ~- I~eceart ~ ase
3. Violation of the Uniform Building Code or Uniform Fire Code.
4. Commission of a felony related to the licensed activity by the Property
Owner or Manager.
5. Failure to take any action required by Section 3200.110 (B).
B. PENALTIES:
1. Revocation. Any violation of this Chapter may be grounds to revoke a
license. Any civil penalty, revocation or combination thereof under this
section does not preclude criminal prosecution under this ordinance or
Minnesota Statutes. All fines are cumulative and revocation periods will
run consecutively. Revocation of a license for a single family rental
dwelling ser~ ;a. ce~sert€i-t"arrarily remt~at ~l~rreilsrrt; shall revoke the rental
privileges for the unit at issue and not the entire structure.
2. Responsibility for Conduct. The Property Owner shall be responsible
for the conduct of its agents or employees while engaged in normal
business activities on the licensed premises. Any violation of this Chapter
shall be considered an act of the Property Owner or License Holder for
purposes of imposing an civil penalty or license revocation. If a license is
revoked, it is unlawful for the owner to permit new occupancy of the
vacant rental unit.
3. Penalty Grid. Each license issued hereunder shall be subject to civil
penalties, revocation, or removal from the STAR Program for violation of
any provisions of this Chapter as follows:
Violation STAR STAR STAR Non-STAR Licensee
Participant Participant Participant
Level A Level B Level C
First violation $250.00 fine $300.00 fine $350.00 fine $500.00 fine and
0 r~a~ar,i~ r~~a~s~;atiorr
Second violation $500.00 fine $600.00 fine $700.00 fine $1,500.00 fine and 3
within 12 months
Third or more
violation within 12
months
$600.00 fine $800.00 fine $1,000.00
2 month 2 month fine
revocation revocation 2 month
Removal Removal revocation
from STAR from STAR Removal
program. program. from STAR
Loss of Loss of program.
license fee license fee Loss of
exemption exemption license fee
for all units for all units exemption
for current for current for all units
year. year. for current
year.
month revocation plus
loss of license fee
exemption for all units
for current year.
$2,000.00 fine and 12
month revocation plus
I®ss of license fee
exemption for all units
for addBtional year.
4. Loss of License Exemption. License fees shall be immediately due
and payable under the following circumstances:
a. Upon the Second violation in any 12 month period by a Non-
STAR Licensee, the City shall revoke the license fee exemption
set forth in Section 3200.080 herein for the current year.
b. A Third or more violation in any 12 month period by a Non-
STAR Licensee shall result in the revocation of the license fee
exemption for the next occurring renewal of the license.
License fees shall thereafter be due and payable upon each
renewal until the renewal of licenses following a continuous 12
month period free of Property Owner violations.
c. Upon the Third violation in any 12 month period by STAR
licensees the City shall revoke the current year license fee
exemption set forth in Section 3200.080 herein for the current
year.
5. Removal from STAR Program. A STAR participant who receives a
Third violation within a 12 month period is automatically removed from
the STAR Program effective upon the date notice of removal is sent by the
City. Subsequent violations by the Licensee or its assigns within 12
months of the date of removal from the program shall be considered to be
a Second violation under the Non-STAR Licensee category.
6. Rejoining Program. If a STAR participant is removed from the program
for violations set forth in Section 3200.100, that licensee may re-apply for
participation in the program following completion of all loss of exemption
periods and 12 continuous months of operations free from any violation of
this Ordinance.
3200.110. "THREE STRIKES AND YOU'RE OUT": DISORDERLY USE BY TENANTS:
A. CONDUCT CONSTITUTING DISORDERLY USE. The following conduct
by tenants or their guests on the licensed premises is hereby deemed to be a disorderly
use, if such conduct is in violation of any of the following statutes or ordinances:
1. Minnesota Statutes sections 609.75 through 609.76, which prohibit
gambling;
2. Minnesota Statutes sections 609.321 through 609.324 which prohibit
prostitution and acts relating thereto;
3. Minnesota Statutes sections 152.01 through 152.025, and Statute
section 152.027, subds. 1 and 2, which prohibit the unlawful sale or
possession of controlled substances;
4. Minnesota Statutes section 340A.401, which prohibits the unlawful
sale of alcoholic beverages;
5. Minnesota Statutes section 609.33, which prohibits owning, leasing,
operating, managing, maintaining or conducting a disorderly house or
inviting or attempting to invite others to visit or remain in a disorderly
house;
6. Section 2801 (Noise Ordinance) of this Code, which established noise
standards and defines public nuisances involving noise;
7. Minnesota Statutes sections 97B.021, 97B.609.66 through 609.67 and
624.712 through 624.716, and section 1203 (1~flsclraa•ge azad
Co~acealaaxea~t) of this Code, which prohibits the unlawful possession,
transportation, sale or use of a weapon;
8. Minnesota Statutes, section 609.72, which prohibits disorderly conduct,
when the violation disturbs the peace and quiet of the occupants of at least
one unit on the licensed premises or other premises, other than the unit
occupied by the person(s) committing the violation.
9. Minnesota Statutes sections 609.22E throsagl~ 669.27?, which prohibit
assaults, including domestic assault as defined in Minnesota Statutes
section 518B.01. T~dote: i fl orcllarance lead di#'fer•ent refex~:rrce- 'I'la~las
says c~Il9>2:~1, 6(19.222, X09.223, and 609°2731
10. Violation of laws relating to contributing to need for protection or
services or delinquency of a minor as defined in Minnesota Statutes
section 260.315;
11. Violations of the City Code Section 601 (Nuisances) which
establishes public nuisances.
12. Any of the following Part I or II Crimes:
PART I OFFENSES (Serious Crime) -Criminal Homicide, Forcible Rape
(and attempts to rape), Robbery, Aggravated Assault, Burglary -Breaking
and Entering (including: forcible entry, unlawful enhy-no force, attempted
forcible entry), Larceny-Theft, Motor Vehicle Theft, and Arson
7
PART II OFFENSES (Less Serious Crime) -Other Assaults, Forgery and
Counterfeiting, Fraud, Embezzlement, Stolen Property (buying, receiving,
and possessing), Vandalism-Destruction of Property, Weapons,
Prostitution and Commercialized Vice, Narcotics Drug Laws, Gambling,
Driving Under the Influence, Disorderly Conduct-Disturbing the Peace,
Sex Offenses (inclusive of incest, indecent exposure, carnal abuse).
B. PROCESS FOLLOWING DISORDERLY USE. It shall be the
responsibility of the License Holder to take appropriate action following disorderly use
by tenants or their guests using or occupying the premises:
1. First Strike. Upon the occurrence of an alleged disorderly use, the
City's law enforcement agency shall inform the City Administrator or
designee of the suspected disorderly use. The City Administrator or
designee shall then send to the Tenant, and License Holder, as appropriate,
a written notice of the violation. The License Holder shall be responsible
to take action as appropriate to terminate the disorderly use.
2. Second Strike. If another instance of disorderly use takes place in the
same unit or by the same tenant or guest occurs within twelve (12) months
of an incident for which a notice in Section 1 was given, the City's law
enforcement agency shall inform the City Administrator or designee of the
alleged violation. The City Administrator or designee shall then send to
the Tenant, and License Holder, as appropriate, a written notice of the
violation. The License Holder shall be responsible to take action as
appropriate to terminate the disorderly use.
3. Third Strike. If a third instance of disorderly use takes place in the same
unit or by the same tenant or guest within twelve (12) months of an
incident for which a notice in Section 1 or 2 was given, the City shall
notify the License Holder by mail of the violation and shall also require
the License Holder to immediately undertake the process necessary to
remove the tenant from the property. If the License Holder fails to comply
with the requirements of this Section, this constitutes a Property Owner
violation under Section 3200.100.A.5.
C. POSTPONEMENT OF PENALTY. An action to revoke or not renew a license
based upon violations of this section maybe postponed or discontinued at any time if it
appears that the License Holder has taken appropriate measures which will prevent
further instances of disorderly use. No adverse license action shall be imposed where the
instance of disorderly use of licensed premises occurred during the pendency of eviction
proceedings (unlawful detainer) or within thirty (30) days of notice given by the License
Holder to a tenant to vacate the premises, where the disorderly use was related to conduct
by the tenant or by other occupants or guests of the tenant's unit. Eviction proceedings
shall not be a bar to adverse license action, however, unless the License Holder diligently
pursues them.
D. STANDARD OF REVIEW. A determination that the licensed premises have
been used in a disorderly manner as described in this section shall be made upon
substantial evidence to support such a determination. It shall not be necessary that
criminal charges be brought to support a determination of disorderly use, nor shall the
fact of dismissal or acquittals of criminal charges operate as a bar to adverse license
action under this section.
E. RE-APPLICATION FOR REVOKED LICENSE. Following the revocation of
a license for a unit, the Property Owner or former License Holder must wait for the
expiration of the appropriate revocation term and then must apply for a new license for
the unit. Any unit revoked must be inspected at the Property Owners expense prior to the
re-issuance of a license.
3200.120. HEARING ON DENIAL OR VIOLATION:
A. HEARING. Following receipt of a notice of denial or non-renewal issued
under Section 3200.040 of this Chapter or a notice of a violation and penalty issued under
Section 3200.100 of this Chapter, an applicant or license holder may request a hearing
before the City Council.,;r~~~t.~~`~,ria .i.~~,~i~~~ccr~~i.(;y.tl ~~,>,iazt ,a~r.;e
(~t3331ethlrf~ $~ rnlss$rag) , 1~t3.a~~li?~_ -~`li(~., CC' t6 UC"~vt)11 St~_~i 1 l{:.,LC;l li a~`3l1(31?. 11 ,~': (~. 1l'Jt
E, t.t.~_Si tti/ i 7dt CIt ,L6 !: 7., s J~, l r it ril'C ~C~ tl) i01~ (~ ;C(C1 iY11 Yi t i )., <~1 {iI ,Cr>. --.r1x~
~_or shrill ~r:c. fact of dismissal or acquittals of criminal charges operate as a bar to
adverse license action under this section. holder in writing and filed with the City
Administrator or City Administrator's designee within ten (10) days of the mailing of the
notice of denial or alleged violation. Following receipt of a written request for hearing,
the applicant or license holder shall be afforded an opportunity for a hearing before a
committee consisting of the City Administrator or City Administrator's designees. After
the committee conducts the hearing it shall report its findings and make a
recommendation to the full City Council.
B. FINDINGS. If after the hearing the applicant or License Holder is found
ineligible for a license, or in violation of this ordinance, the Council may affirm the
denial, impose an civil penalty, revoke a license or impose any combination thereof as set
forth in Section 3200.040 or Section 3200.100.
C. DEFAULT. If the applicant or License Holder has been provided written
notice of the denial, non-renewal, or violation and if no request for a hearing is filed
within the 10 day period, then the denial under Section 3-28-4 or civil penalty or
revocation imposed in Section 3-28-10 shall take immediate effect by default. The City
Manager or designee shall mail notice of the denial, fine, or revocation to the applicant or
License Holder. The City Police shall investigate compliance with the denial or
revocation.
3200.130. STAR PROGRAM FOR ALL LICENSE HOLDERS : The City hereby
creates a STAR Program for all Single Family and Multi-Family License Holders.
Participants in the program shall also be members of the Little Canada STAR Program
Committee (the "LCSPC") which shall meet on a regular basis to give advice to the City
Council regarding the operation of the Program. Participation in the Program is
voluntary. Application for the Program must be made on application forms produced by
the City.
A. Multi-Family. The following are the STAR required participation elements and
associated Participation Levels for Multi-Family buildings:
"C Level" Mandatory Participation:
9
1. Use a Crime Free/Drug FreeHousing lease addendum or
equivalent.
2. Provide the City a copy of rental criteria regarding persons with
criminal backgrounds.
3. Provide a copy of Third Party Background Check procedures for
Tenants.
4. Provide a copy of Third Party Background Check procedures for
Managers/Employees who have access to the units subject to
licensure.
5. Sign an agreement to permit City involvement in eviction of
tenants.
6. Sign an agreement to permit City enforcement of traffic laws
upon the Property.
7. Installation of lock boxes for access to building(s) by City's law
enforcement agency.
"B Level" Participation: Achieve Level C and add the following:
1. Annual hosting of a National Night Out party or annual
gathering of tenants if National Night Out is not in existence.
2. On site manager or owner's attendance at no less than 25%
of each year's Multihousing Coalition and STAR meetings.
3. Provide to the City copies of HUD and/or Insurance Inspection
reports.
4. Property managers attend City Crime Free Multi-Housing
training (Phase I or equivalent).
"A Level" Participation: Achieve Level B and add at least two (2) of the
following:
1.50% Attendance at Multihousing Coalition and STAR meetings.
2. Property manager training greater than eight hours per year by
MMHA or equivalent as approved by the City and STAR
Participants.
3. Property managers certified by Minnesota Multi-Housing
Association, as approved by the City and STAR Participants.
4. Multi-Housing Crime Free Certification by the City or its law
enforcement agency.
B. Single-Family. The following are the STAR required participation elements
and associated Participation Levels for Single-Family buildings:
"C Level" Mandatory Participation:
1. Use a Crime Free Housing lease addendum or equivalent.
2. Provide a copy of Third Party Background Check procedures for
Tenants.
3. Sign an agreement to permit City involvement in eviction of
tenants.
4. Sign an agreement to permit City enforcement of traffic laws
upon the Property.
"B Level" Participation: Achieve Level C and add the following:
1.25% Attendance at Multihousing Coalition and STAR meetings.
10
2. Provide to the City copies of HUD and/or Insurance Inspection
reports.
3. Property Owner attends City Crime Free Multi-Housing
training.
"A Level" Participation: Achieve Level B and add the following:
I. 50% Attendance at Multihousing Coalition and STAR meetings.
2. Property Owner training greater than 10 hours per year by
MMHA or equivalent as approved by the City and STAR
Participants.
3200.140. STAR PROGRAM AND BENEFITS. Multi-Family STAR Participants shall
be provided with the following benefits by the City:
A. STAR certification. The City will develop a brochure that explains the
STAR program, including the certification levels. Brochures will be given to rental
housing developments free of charge. It shall be the responsibility of every rental
housing development in the City to provide a copy of the brochure to every
applicant for a rental unit in the development. The brochure shall be given to rental
unit applicants at the time application forms are provided to the applicant(s), prior
to the applicant(s) signing a rental agreement.
B. Signage for Star Program: The city will develop a certificate form or
special Signage for multi-family rental housing properties. The Signage will indicate
whether or not the property is certified under the STAR program. If the property is
certified, the signage will show which level of certification the development has
achieved. The signage will be given to the rental housing property free of charge.
C. Listing on City Website as a STAR certified provider.
D. Inspections for Multi-family buildings. The City may allow a waiver of
inspections or substitution of alternative inspections reports for commons areas of Multi-
Family buildings as follows:
1. Non-STAR License Holder: City on-site inspections required.
2. STAR Participant:
C Participant: Inspections required as determined by City
schedule.
B Participant: Submission of HUD inspection or
equivalent.
A Participant: Submission of HUD inspection or
equivalent.
3200.150 NO WARRANTY BY CITY: By enacting and undertaking to enforce this
Ordinance, neither the City nor its Council, agents or employees warrant or guaranty the
safety, fitness or suitability of any Rental Dwelling or Rental Dwelling Unit in the City.
Owners and occupants should take appropriate steps to protect their interests, health,
safety, and welfare.
3200.160. SEVERABILITY: If any provision of this Chapter is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
provisions of this Chapter.
11
Section 2
Effective Date: This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED by the City Council of Little Canada this day of ,
2008.
CITY OF LITTLE CANADA
BY:
William Blesener, Mayor
ATTEST:
BY:
Joel R. Hanson, City Administrator
12
RENTAL LICENSE FEES
Boulder, CO
Brooklyn Center
Single Family
Two Family
Multi Family
Rental Reinspection
Chanhassen
Coon Rapids
Single or Two Family
Multi Family
Reinspection Fee
Eden Prairie
Fridley
Single Family
Two Family
Three Family
Four Units
Five Units or more
$46
$400/Initial $300/Renewal
$200/Unit
$200/Building plus $18/Unit
$50
$50/Unit
$450/Minimum
$60/Base Fee - 2 years
$60/Building plus $5/Unit
$60
$50/Complex plus $9/Unit
$47.50
$95
$142.25
$189.75
$189.75 plus $9.75/Unit
Golden Valley
No Star Parcipation - $100 plus $20 per unit
Level 1 Participation - $100 plus $10 per unit
Leve12 Participation - $100 plus $8 per unit
Leve13 Participation - $100 plus $4 per unit
Level 4 Participation - $100 plus $0 per unit
Hopkins
Single Family
Two Family
Three or more
Maple Grove
$20
$20/Building
$20/Building plus $5/Unit
$60
13
Oakdale
Single Family
Two Family
Three Units
Four Units
Four Units or more
Condo
Plymouth
Single Family
Two Family
Three Family
Four Family
Multi Family
$65
$95
$125
$155
$155/Building plus $5/LJnit
$65/Unit
$50
$75
$100
$125
$100/Complex plus $6/Unit
Rochester
Single Family, Condo, Apartment in Business Bldg $90/Structure plus $30/Unit
Single Family + 1 Sleeping Room $90/Structure plus $60
Single Family + 2 Sleeping Rooms $90/Structure plus $90
Two Family $90/Structure plus $60
Three Units $90/Structure plus $90
10 Units $90/Structure plus $30/Unit
St. Louis Park
Single Family $85
Two Family $135
Multi Family $145/Building plus $9/Unit
Shoreview
License Fee $50
Transfer Fee $30
Shorewood
License Fee $60/Unit
West St. Paul
$25/Building
$75/Initial Background Fee
Late Fees (License Starts on 7/1/XX)
$12.50/Building if not paid by 12/15/xx
$50/Building if more than six months late
14
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CHAPTER 8
PROPERTY MAINTENANCE CODE
4-Z ,ADMINISTRATION:
4~8-1-1: GENERAL:
(A) Title: These regulations shall be known as the PROPERTY MAINTENANCE CODE OF THE CITY OF
BURNSVILLE ,hereinafter referred to as "this code".
(B) Scope: The provisions of this Chapter shall apply to all existing residential and nonresidential
structures and all existing premises and constitute minimum requirements and standards for premises,
structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the
elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the
responsibility of owners, operators and occupants; the occupancy of existing structures and premises,
and for administration, enforcement and penalties.
(C) Intent: This Chapter shall be construed to secure its expressed intent, which is to ensure public
health, safety, aesthetics, and welfare insofar as they are affected by the continued occupancy and
maintenance of structures, premises and land. Existing structures, premises and land that do not
comply with these provisions shall be altered or repaired to come into compliance. The owner may
adopt more stringent restrictions to provide a higher level of health and safety; the owner, and not the
City, is responsible for enforcing any restrictions above and beyond those identified herein.
(D) Severability: If a section, subsection, sentence, clause or phrase of this Chapter is, for any reason,
held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this
Chapter. (Ord. 706, 3-16-1998)
4-8-1-2: APPLICABILITY:
(A) General: The provisions of this Chapter shall apply to all matters affecting or relating to structures and
premises, as set forth in Section 4-8-1-1 of this Chapter. Where, in a specific case, different sections
of this Code specify different requirements, the most restrictive shall govern.
(B) Maintenance: Equipment, systems, devices and safeguards required by this Chapter or a previous
regulation or code under which the structure or premises was constructed, altered or repaired shall be
maintained in good working order. The requirements of this Chapter are not intended to provide the
basis for removal or abrogation of fire protection and safety systems and devices in existing
structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be
responsible for the maintenance of buildings, structures and premises.
(C) Application Of Other Codes: Repairs, additions or alterations to a structure, or changes of occupancy,
shall be done in accordance with the procedures and provisions of the building code located at
Section 4-1-1 of this Title.
(D) Existing Remedies: The provisions in this Chapter shall not be construed to abolish or impair existing
remedies of the City or its officers or agencies relating to the removal or demolition of any structure
which is dangerous, unsafe and unsanitary.
(E) Workmanship: Repairs, maintenance work, alterations or installations which are caused directly or
indirectly by the enforcement of this Chapter shall be executed and installed in a workmanlike manner
and installed in accordance with the manufacturer's installation instructions.
(F) Historic Buildings: The provisions of this Chapter shall not be mandatory for existing buildings or
structures designated by the State as historic buildings when such buildings or structures are judged
by the code official to be safe and in the publicli~terest of health, safety and welfare.
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(G) Referenced Codes And Standards: The codes and standards referenced in this Chapter shall be
those that are listed in the building code located at Section 44=1_1 of this Title and considered part of
the requirements of this Chapter to the prescribed extent of each such reference.
(H) Requirements Not Covered By Code: Requirements necessary for the strength, stability or proper-
operation of an existing structure or equipment, or for the public safety, health and general welfare,
not specifically covered by this Chapter, shall be determined by the code official. (Ord. 706, 3-16-
1998)
4-8-1-3: DEPARTMENT OF INSPECTIONS:
(A) General: The Department of Inspections is hereby created and the executive official in charge thereof
shall be known as the code official.
(B) Appointment: The code official shall be appointed by the City Manager.
(C) Restriction Of Employees: An official or employee connected with the enforcement of this Chapter
shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or
appliances for the construction, alteration or maintenance of a building, or the preparation of
construction documents thereof, unless that person is the owner of the building; nor shall such officer
or employee engage in any work that conflicts with official duties or with the interests of the
Department.
(D) Liability: The code official, officer or employee charged with the enforcement of this Chapter, while
acting for the City, shall not thereby be rendered liable personally, and is hereby relieved from aII
personal liability for any damage accruing to persons or property as a result of an act required or
permitted in the discharge of official duties.
Any suit instituted against any officer or employee because of an act performed by that officer or
employee in the lawful discharge of duties and under the provisions of this Chapter shall be defern
by the City Attorney until the final termination of the proceedings. The code official or any subordinate
shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the
provisions of this Chapter; and any officer of the Department of Inspections, acting in good faith and
without malice, shall be free from liability for acts performed under any of its provisions or by reason of
any act or omission in the performance of official duties in connection therewith. (Ord. 706, 3-16-1998)
4-8-1-4: DUTIES AND POWERS OF THE CODE OFFICIAL:
(A) General: The code official shall enforce the provisions of this Chapter.
(B) Right Of Entry: The code official is authorized to enter the structure or premises at reasonable times to
inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused
or not obtained, the code official is authorized to pursue recourse as provided by law.
(C) Identification: The code official shall carry proper identification when inspecting structures or premises
in the performance of duties under this Chapter.
(D) Notices And Orders: The code official shall issue all necessary notices or orders to ensure compliance
with this Chapter.
(E) Department Records: The code official shall keep official records of all business and activities of the
Department of Inspections. Such records shall be retained in the official records as long as the
building or structure to which such records relate remains in existence, unless otherwise provided 4~r
by other regulations. (Ord. 706, 3-16-1998)
4-8-1-5: APPROVAL:
16
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(A) Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this
Chapter, the code official shall have the authority to grant modifications for individual cases. The code
official shall first find that strict compliance with this Chapter imposes an undue hardship on the owner,
and that modification does not lessen health, aesthetic, life and fire safety requirements. Modifications
shall only relate to such things as alternative materials, methods, and equipment, or an extension of
time to remedy code violations; however no modifications from specific code requirements shall be
granted. The details of action granting modifications shall be recorded and entered in the Department
files.
(B) Alternative Materials, Methods And Equipment: The provisions of this Chapter are not intended to
prevent the installation of any material or to prohibit any method of construction not specifically
prescribed by this Chapter, provided that any such alternative has been approved. An alternative
material or method of construction shall be approved where the code official finds that the proposed
design is satisfactory and complies with the intent of the provisions of this Chapter, and that the
material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed
in this Chapter in quality, strength, effectiveness, fire resistance, durability and safety.
(C) Required Testing: Whenever there is insufficient evidence of compliance with the provisions of this
Chapter, or evidence that a material or method does not conform to the requirements of this Chapter,
or in order to substantiate claims for alternative materials or methods, the code official shall have the
authority to require tests as evidence of compliance to be made at no expense to the City.
(D) Test Methods: Test methods shall be as specified in this Chapter or by other recognized test
standards. In the absence of recognized and accepted test methods, the code official shall approve
the testing procedures. (Ord. 706, 3-16-1998)
4-8-1-6: VIOLATIONS:
~H) Unlawful Acts: It shall be unlawful for a person, firm or corporation to be in conflict with or in violation
of any of the provisions of this Chapter.
(B) Notice Of Violation: The code official shall serve a notice of violation or order in accordance with
Section 4-8-1_7 of this Chapter or as required by State statute.
(C) Prosecution Of Violation: If the notice of violation is not complied with, the code official shall institute
the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require
the removal or termination of the unlawful occupancy of the structure in violation of the provisions of
this Chapter or of the order or direction made pursuant thereto.
(D) Violation Penalties: Any person who shall violate a provision of this Chapter, or fail to comply
therewith, or with any of the requirements thereof is guilty of a misdemeanor. Each day that a violation
continues after due notice has been served shall be deemed a separate offense.
(E) Abatement Of Violation: The imposition of the penalties herein prescribed shall not preclude the City
Attorney from instituting appropriate action to restrain, correct or abate a violation, or to prevent legal
occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization
of the building, structure or premises. (Ord. 706, 3-16-1998)
4-8-1-7: NOTICES AND ORDERS:
(A) Notice To Owner Or To Person Or Persons Responsible: Whenever the code official determines that
there has been a violation of this Chapter or has grounds to believe that a violation has occurred,
notice shall be given to the owner or the person or persons responsible therefor in the manner
prescribed in subsections (B) and (C) of this Section.
(B) Form: Such notice prescribed in subsection (A~ of this Section shall:
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1. Be in writing;
2. Include a description of the real estate sufficient for identification;
3. Include a statement of the violation or violations and why the notice is being issued; and
4. Include a correction order allowing a reasonable time to make the repairs and improvements
required to bring the dwelling unit or structure into compliance with the provisions of this Chapter.
(C) Method Of Service: Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally; or
2. Sent by certified or first-class mail addressed to the owner at the last known address; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a
conspicuous place in or about the structure affected by such notice.
(D) Transfer Of Ownership: It shall be unlawful for the owner of any dwelling unit or structure who has
received a compliance order or upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another unit until the provisions of the compliance order or
notice of violation have been complied with, or until such owner shall first furnish the grantee,
transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by
the code official and shall furnish to the code official a signed and notarized statement from the
grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or
notice of violation and fully accepting the responsibility without condition for making the corrections or
repairs required by such compliance order or notice of violation. (Ord. 706, 3-16-1998)
4-8-1-8: HAZARDOUS AND SUBSTANDARD BUILDINGS AND VACANT BUILDINGS:
(A) Hazardous And Substandard Buildings: Hazardous and substandard buildings shall be abated in
accordance with Minnesota Statutes, section 463.15 et seq.
(B) Securing Vacant Buildings: Vacant buildings may be secured in accordance with Minnesota Statutes,
section 463.251. (Ord. 706, 3-16-1998)
4-8-1-9: EMERGENCY MEASURES:
(A) Imminent Danger: When, in the opinion of the code official, there is imminent danger of failure or
collapse of a building or structure which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure, or when there is actual or
potential danger to the building occupants or those in the proximity of any structure because of
explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation
of defective or dangerous equipment, the code official is hereby authorized and empowered to order
and require the occupants to vacate the premises forthwith. The code official shall cause to be posted
at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its
Occupancy has been Prohibited by the Code Official". It shall be unlawful for any person to enter such
structure except for the purpose of securing the structure, making the required repairs, removing the
hazardous condition, or of demolishing the same.
(B) Temporary Safeguards: Notwithstanding other provisions of this Chapter, whenever, in the opinion of
the code official, there is imminent danger due to an unsafe condition, the code official shall order the
necessary work to be done, including the boarding-up of openings, to render such structure
temporarily safe whether or not the legal procedure herein described has been instituted; and she"
cause such other action to be taken as the code official deems necessary to meet such emergen~,
(C) Closing Streets: When necessary for the public safety, the code official shall temporarily close
structures and close, or order the authority haiir~g jurisdiction to close, sidewalks, streets, public ways
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and places adjacent to unsafe structures, and prohibit the same from being utilized.
(D) Emergency Repairs: For the purposes of this Section, the code official shall employ the necessary
labor and materials to perform the required work as expeditiously as possible.
.~ Costs Of Emergency Repairs: Costs incurred in the performance of emergency work shall be paid by
the City. The City Attorney shall institute appropriate action against the owner of the premises where
the unsafe structure is or was located for the recovery of such costs. In addition, to the extent
authorized by statute, the City may provide for the collection of the costs as a special assessment
against the property benefited, pursuant to Minnesota Statutes, section 429.101, subdivision 1. (Ord.
706, 3-16-1998)
-8-2: DEFINITIONS:
"-8-2-1: GENERAL:
(A) Scope: Unless otherwise expressly stated, the following terms shall, for the purposes of this Chapter,
have the meanings shown in this Section.
(B) Interchangeability: Words stated in the present tense include the future; words stated in the masculine
gender include the feminine and neuter; the singular number includes the plural and the plural the
singular.
(C) Terms Defined In Other Codes: Where terms are not defined in this Chapter and are defined in the
building code located at Section 4-1-1 of this Title, such terms shall have the meanings ascribed to
them as in that code.
~~) Terms Not Defined: Where terms are not defined, through the methods authorized by this Section,
such terms shall have ordinarily accepted meanings such as the context implies.
(E) Parts: Whenever the words "dwelling unit", "dwelling", "premises", "building", "rooming house",
"rooming unit" or "story" are stated in this Chapter, they shall be construed as though they were
followed by the words "or any part thereof'. (Ord. 706, 3-16-1998)
-8-2-2: GENERAL DEFINITIONS:
APPROVED: Approved by the code official.
rsASEMENT: That portion of a building which is partly or completely below grade.
ATHROOM: A room containing plumbing fixtures including a bathtub or shower.
°EDROOM: Any room or space used or intended to be used primarily for sleeping purposes, but not a kitchen,
athroom, or other nonhabitable space.
^.ODE OFFICIAL: The official who is charged with the administration and enforcement of this Chapter, or any
my authorized representative.
"ONDEMN: To adjudge unfit for occupancy.
DV` LING UNIT: A single unit providing complete, independent living facilities for one or more persons,
ici~:_~ng permanent provisions for living, sleeping, eating, cooking and sanitation.
EXTERIOR PROPERTY: The open space on the premises and on adjoining property under the control of
wners or operators of such premises. i9
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EXTERMINATION: The control and elimination of insects, rats or other pests by eliminating their harborage
places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consum`;
of food.
HABITABLE SPACE: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms,
closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
IMMINENT HAZARD: A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION: The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other
pests.
KITCHEN: A room or an area equipped for preparing and cooking food.
LABELED: Devices, equipment, appliances or materials to which has been affixed a label, seal, symbol or
other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization
concerned with product evaluation that maintains periodic inspection of the production of the above labeled
items and by whose label the manufacturer attests to compliance with applicable nationally recognized
standards.
LAWN: Ground (as around a house or in a garden or park) that is covered with grass and kept mowed.
LEGIONNAIRES' DISEASE: The excess fluids from cooling towers are a known cause of Legionnaires'
disease. The cooling tower fluids shall be monitored and treated so as to prevent any health diseases.
LET FOR OCCUPANCY OR LET: To permit, provide or offer possession or occupancy of a dwelling, dwelling
unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof
pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded
agreement of contract for the sale of land.
OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT: Any individual living or sleeping in a building; or having possession of a space within a building.
OPENABLE AREA: That part of a window, skylight or door which is available for unobstructed ventilation and
which opens directly to the outdoors.
OPERATOR: Any person who has charge, care or control of a structure or premises which is let or offered for,.
occupancy. ,
OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property;
or recorded in the official records of the State or County as holding title to the property; or otherwise having
control of the property, including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON: An individual, corporation, partnership or any other group acting as a unit.
PREMISES: A lot, plot or parcel of land including any structures thereon.
RODENT: Any animals or insects commonly seeking t~make their home within the interior of a permanent
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s.,ucture, including birds, bats, bees, wasps, moths, squirrels, mice and rats.
F )OMING HOUSE: A building arranged or occupied for lodging, with or without meals, for compensation and
r•„t ~'^upied as aone- ortwo-family dwelling.
F )OMING UNIT: Any room or group of rooms forming a single habitable unit occupied or intended to be
c,.cupied for sleeping or living, but not for cooking purposes.
F JBBISH: Combustible and noncombustible waste materials, except garbage; the term shall include the
r~~idue from the burning of wood, coal, coke and other combustible materials; appliances, furniture, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral
r otter, glass, crockery and dust and other similar materials.
STRUCTURE: That which is built or constructed or a portion thereof.
-i cNANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a
building or portion thereof as a unit.
'~ JILET ROOM: A room containing a water closet or urinal but not a bathtub or shower.
` =NTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or
removing such air from, any space.
~ 'ORKMANLIKE: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and
without marring adjacent work.
a' An open space on the same lot with a structure. (Ord. 706, 3-16-1998; amd. Ord 781, 1-18-2000)
"•8-3: GENERAL REQUIREMENTS:
4-8-3-1: GENERAL:
(A) Scope: The provisions of this Section shall govern the minimum conditions and the responsibilities of
persons for maintenance of structures, equipment and exterior property.
(B) Responsibility: The owner of the premises shall maintain the structures and exterior property in
compliance with these requirements, except as otherwise provided for in Sections 4-8-3-5 and 4=8_3=6
of this Chapter. A person shall not occupy as owner-occupant or permit another person to occupy
premises which are not in a sanitary and safe condition and which do not comply with the
requirements of this Section. Occupants of a dwelling unit are responsible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit or premises which they occupy and control.
(C) Vacant Structures And Land: All vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a
blighting problem or adversely affect the public health or safety. (Ord. 706, 3-16-1998)
°-8-3-2: EXTERIOR PROPERTY AREAS:
~ Sanitation: All exterior property and premises shall be maintained in a clean, safe and sanitary
condition. The occupant shall keep that part of the exterior property which such occupant occupies or
controls in a clean and sanitary condition.
(B) Grading And Drainage: All premises shall be graded and maintained to prevent the erosion of soil and
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the accumulation of stagnant water thereon, within any structure located thereon, or on any adjacent
property.
Exception: Approved retention areas and reservoirs.
(C) Sidewalks And Driveways: All sidewalks, walkways, stairs, driveways, parking spaces and similar'
areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Stairs
shall comply with the requirements of subsections 4_8-333(J) and 4-8-7-2(I) of this chapter.
(D) Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in
excess of eight inches (8"). All noxious weeds shall be prohibited. "Weeds" shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall
not include cultivated flowers and gardens or prairie grasses as defined in section 7-1-12 of this code.
(E) Rodent Harborage: All structures and exterior property shall be kept free from rodent harborage and '
infestation. Where rodents are found, they shall be promptly exterminated by approved processes
which will not be injurious to human health. After extermination, proper precautions shall be taken to
eliminate rodent harborage and prevent reinfestation.
(F) Exhaust Vents: Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot
air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent
public or private property or that of another tenant.
(G) Accessory Structures: All accessory structures, including detached garages, fences and retaining
walls, shall be maintained structurally sound and in good repair, and the garage exterior shall be the
same color as the principal structure.
1. Gates which are required to be self-closing and self-latching in accordance with the building code
shall be maintained such that the gate will positively close and latch when released from a still position.
of six inches (6") from the gatepost.
(H) Pools And Pool Buildings: All pools and associated buildings must be kept in good repair so as n~'
pose a threat to public health, safety and welfare. The Minnesota state pool regulations will prevai,
with regard to the water treatment. The pool circulation pump and filtration system must be maintained
in operation from May 31 until September 1. Pools that cannot meet these standards must be abated
and sealed as per city ordinance.
(I) Defacement Of Property: No person shall wilfully or wantonly damage, mutilate or deface any exterior
surface of any structure or building on any private or public property by placing thereon any marking,
carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and
repair. (Ord. 706, 3-16-1998)
4-8-3-3: EXTERIOR STRUCTURE:
(A) General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary
so as not to pose a threat to the public health, safety or welfare.
(B) Protective Treatment: All exterior surfaces, including, but not limited to, doors, door and window frames,
cornices, porches and trim, shall be maintained in a good condition. Exterior wood surfaces, other than
decay resistant woods, shall be protected from the elements and decay by painting or other protective
covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All
siding and masonry joints as well as those between the building envelope and the perimeter of windo~
doors, and skylights shall be maintained weather resistant and watertight. (Ord. 706, 3-16-1998)
(C) Street Numbers: Each structure to which a street number has been assigned shall have such number
displayed in a position easily observed and readabTd from the public way. All numbers shall be in Arabic
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.amerals at least four inches (4") high. (Ord. 894, 10-6-2003)
(D) Structural Members: All structural members shall be maintained free from deterioration, and shall be
capable of safely supporting the imposed dead and live loads.
lt) Foundation Walls: All foundation walls shall be maintained plumb and free from open cracks and
breaks and shall be kept in such condition so as to prevent the entry of rodents.
(F) Exterior Walls: All exterior walls shall be free from holes, breaks, loose or rotting materials; and
maintained weatherproof and properly surface coated where required to prevent deterioration.
(G) Roofs And Drainage: The roof and flashing shall be sound, tight and not have defects that admit rain.
Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of
the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from
obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(H) Decorative Features: All cornices, belt courses, corbels, terra cotta trim, wall facings and similar
decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(I) Overhang Extensions: All canopies, marquees, signs, metal awnings, fire escapes, standpipes,
exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood
shall be protected from the elements and against decay or rust by periodic application of weather-
coating materials, such as paint or similar surface treatment.
(J) Stair And Walking Surfaces: Every stair, ramp, balcony, porch, deck or other walking surface shall
comply with the provisions of subsection 4-8-7-2(I) of this Chapter.
(K) Stairways, Decks, Porches And Balconies: Every exterior stairway, deck, porch and balcony, and all
appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper
anchorage and capable of supporting the imposed loads.
~~) Chimneys And Towers: All chimneys, cooling towers, smokestacks, and similar appurtenances shall
be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood
shall be protected from the elements and against decay or rust by periodic application of weather-
coating materials, such as paint or similar surface treatment.
1. Legionnaires' Disease: The excess fluids from cooling towers are a known cause of Legionnaires'
disease. The cooling tower fluids shall be monitored and treated so as to prevent any health diseases.
(M)Handrails And Guards: Every handrail and guard shall be firmly fastened and capable of supporting
normally imposed loads and shall be maintained in good condition.
(N) Window, Skylight And Door Frames: Every window, skylight, door and frame shall be kept in sound
condition, good repair and weathertight.
1. Glazing: All glazing materials shall be maintained free from cracks and holes.
2. Openable Windows: Every window, other than a fixed window, shall be easily openable and
capable of being held in position by window hardware.
(O) Insect Screens: During the period from June 1 to September 1, every door, window and other outside
opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any
areas where products to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less
than sixteen (16) mesh per inch and every swinging door shall have aself-closing device in good
working condition.
ception: Screen doors shall not be required where other approved means, such as air curtains or insect
repellant fans, are employed.
(P) Doors: All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks
at all entrances to dwelling units, rooming unit Z~nd guest rooms shall tightly secure the door.
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(O) Basement Hatchways: Every basement hatchway shall be maintained to prevent the entrance of
rodents, rain and surface drainage water.
(R) Guards For Basement Windows: Every basement window that is openable shall be supplied with
rodent shields, storm windows or other approved protection against the entry of rodents. (Ord. 706
16-1998)
4-8-3-4: INTERIOR STRUCTURE:
(A) General: The interior of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure
which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure
containing a rooming house, a hotel, a dormitory, two (2) or more dwelling units or two (2) or more
nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
(B) Structural Members: All structural members shall be maintained structurally sound, and be capable of
supporting the imposed loads.
(C) Interior Surfaces: All interior surfaces, including windows and doors, shall be maintained in good,
clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other
defective surface conditions shall be corrected.
(D) Stairs And Railings: All interior stairs and railings shall be maintained in sound condition and good
repair.
(E) Stairs And Walking Surfaces: Every stair, ramp, balcony, porch, deck or other walking surface shall
comply with the provisions of subsection 4-8-7-2(I) of this Chapter.
(F) Handrails And Guards: Every handrail and guard shall be firmly fastened and capable of supportir
normally imposed loads and shall be maintained in good condition.
(G) Interior Doors: Every interior door shall fit reasonably well within its frame and shall be capable of
being opened and closed by being properly and securely attached to jambs, headers or tracks as
intended by the manufacturer of the attachment hardware. (Ord. 706, 3-16-1998)
4-8-3-5: RUBBISH AND GARBAGE:
(A) Accumulation Of Rubbish Or Garbage: All exterior property and premises, and the interior of every
structure, shall be free from any excessive accumulation of rubbish or garbage.
(B) Disposal Of Rubbish: Every occupant of a structure shall dispose of all rubbish in a clean and sanitary
manner by placing such rubbish in approved containers.
1. Rubbish Storage Facilities: The owner of every occupied premises shall supply approved covered
containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
(C) Disposal Of Garbage: Every occupant of a structure shall dispose of garbage in a clean and sanitary
manner by placing such garbage in an approved garbage disposal facility or approved garbage
containers.
1. Screening: If allowed in the zoning district where the property is located, all exterior garbage and
recycling containers shall be screened by opaque screening.
(D) Curbside Collection: Appliances, furniture and similar items shall not be left outside for collection and
disposal for more than seventy two (72) hours before they are collected. (Ord. 706, 3-16-1998)
4-8-3-6: EXTERMINATION:
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(A) Infestation: All structures shall be kept free from insect and rodent infestation. All structures in which
insects or rodents are found shall be promptly exterminated by approved processes that will not be
injurious to human health. After extermination, proper precautions shall be taken to prevent
reinfestation.
(t3) Owner: The owner of any structure shall be responsible for extermination within the structure prior to
renting or leasing the structure.
(C) Single Occupant: The occupant of aone-family dwelling or of asingle-tenant nonresidential structure
shall be responsible for extermination on the premises.
(D) Multiple Occupancy: The owner of a structure containing two (2) or more dwelling units, a multiple
occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the
public or shared areas of the structure and exterior property. If infestation is caused by failure of an
occupant to prevent such infestation in the area occupied, the occupants shall be responsible for
extermination.
(E) Occupant: The occupant of any structure shall be responsible for the continued rodent and pest-free
condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be
responsible for extermination. (Ord. 706, 3-16-1998)
•8-4: LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS:
•8-4-1: GENERAL:
rA) Scope: The provisions of this Section shall govern the minimum conditions and standards for light,
ventilation and space for occupying a structure.
(B) Responsibility: The owner of the structure shall provide and maintain light, ventilation and space
conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or
permit another person to occupy, any premises that does not comply with the requirements of this
Section.
(C) Alternative Devices: In lieu of the means for natural light and ventilation herein prescribed, artificial
light or mechanical ventilation complying with the building code shall be permitted. (Ord. 706, 3-16-
1998)
4-8-4-2: LIGHT:
(A) Habitable Spaces: Every habitable space shall have at least one window of approved size facing
directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be
eight percent (8%) of the floor area of such room. Wherever walls or other portions of a structure face
a window of any room and such obstructions are located less than three feet (3') from the window and
extend to a level above that of the ceiling of the room, such window shall not be deemed to face
directly to the outdoors nor to a court and shall not be included as contributing to the required
minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through
an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent (8%)
of the floor area of the interior room or space, but not less than twenty five (25) square feet. The
exterior glazing area shall be based on the total floor area being served.
(B) Common Halls And Stairways: Every common hall and stairway, other than in one- and two-family
dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb or
equivalent for each two hundred (200) square $~et of floor area, provided that the spacing between
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lights shall not be greater than thirty feet (30'). Every exterior means of egress stairway, other than in one-
and two-family dwellings, shall be illuminated with a minimum of one foot-candle (11 lux) at floors,
landings and treads.
(C) Other Spaces: All other spaces shall be provided with natural or artificial light sufficient to permit tY
maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the
appliances, equipment and fixtures. (Ord. 706, 3-16-1998)
4-8-4-3: VENTILATION:
(A) Habitable Spaces: Every habitable space shall have at least one openable window. The total
openable area of the window in every room shall be equal to at least forty five percent (45%) of the
minimum glazed area required in subsection 4-8-4-2(A) of this Chapter.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an
adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent (8%) of
the floor area of the interior room or space, but not less than twenty five (25) square feet. The
ventilation openings to the outdoors shall be based on a total floor area being ventilated.
(B) Bathrooms And Toilet Rooms: Every bathroom and toilet room shall comply with the ventilation
requirements for habitable spaces as required by subsection (A) of this Section, except that a window
shall not be required in spaces equipped with a mechanical ventilation system. Air exhausted by a
mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall'
not be recirculated.
(C) Cooking Facilities: Unless approved through the certificate of occupancy, cooking shall not be
permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be
permitted to be present in a rooming unit or dormitory unit.
Exception: Where specifically approved in writing by the code official.
(D) Process Ventilation: Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are
generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at
the source. Air shall be exhausted to the exterior and not be recirculated to any space.
(E) Clothes Dryer Exhaust: Clothes dryer venting systems shall be independent of all other systems and
shall be vented in accordance with the manufacturer's instructions. (Ord. 706, 3-16-1998)
4-8-4-4: OCCUPANCY LIMITATIONS:
(A) Maximum Density, Minimum Space, Use And Location Requirements: No person shall occupy nor
permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein, which does
not comply with the following requirements.
(B) Permissible Occupancy Of Dwelling Unit: With the exception of owners occupying a respective
dwelling unit prior to January 1, 1990, and a "family" as defined in Section 10-42 of this Code, the
maximum permissible occupancy of any dwelling unit shall be determined as follows:
1. For the first occupant, one hundred fifty (150) square feet of habitable room floor space and for
every additional occupant thereof, at least one hundred (100) square feet of habitable room floor
space.
2. In no event shall the total number of occupants exceed two (2) times the number of habitable
rooms, less kitchen, in the dwelling unit. (Ord. 706, 3-16-1998)
4-8-5: PLUMBING FACILITIES AND FIXTURE REQUIREMENTS:
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4-8-5-1: GENERAL:
(A) Scope: The provisions of this Section shall govern the minimum plumbing systems, facilities and
plumbing fixtures to be provided.
(B) Responsibility: The owner of the structure shall provide and maintain such plumbing facilities and
plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-
occupant or permit another person to occupy any structure or premises which does not comply with
the requirements of this Section. (Ord. 706, 3-16-1998)
a_8.5-2: REQUIRED FACILITIES:
(A) Dwelling Units: Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and
kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be
placed in the same room as the water closet or located in close proximity to the door leading directly
into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for
the required lavatory.
(B) Rooming Houses: At least one water closet, lavatory and bathtub or shower shall be supplied for each
four (4) rooming units.
(C) Hotels: Where private water closets, lavatories, and baths are not provided, one water closet, one
lavatory and one bathtub or shower having access from a public hallway shall be provided for each
ten (10) occupants.
(D) Employees' Facilities: A minimum of one water closet, one lavatory and one drinking facility shall be
available to employees.
1. Drinking Facilities: Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler,
or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet
rooms or bathrooms. (Ord. 706, 3-16-1998)
4-8-5-3: TOILET ROOMS:
(A) Privacy: Toilet rooms and bathrooms shall provide privacy and shall not constitute the only
passageway to a hall or other space, or to the exterior. A door and interior locking device shall be
provided for all common and shared bathrooms and toilet rooms in a multiple dwelling.
(B) Location: Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have
access by traversing not more than one flight of stairs and shall have access from a common hall or
passageway.
(C) Location Of Employee Toilet Facilities: Toilet facilities shall have access from within the employees'
regular working area. The required toilet facilities shall be located not more than one story above or
below the employees' regular working area and the path of travel to such facilities shall not exceed a
distance of five hundred feet (500'). Employee facilities shall either be separate facilities or public
customer facilities.
Exception: Facilities that are required for employees in storage structures or kiosks which are located
in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance
of five hundred feet (500') from the employees' regular working area to the facilities. (Ord. 706, 3-16-
1998)
:-8-5-4: PLUMBING SYSTEMS AND FIXTURES:
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(A) General: All plumbing fixtures shall be properly installed and maintained in working order, and shall be
kept free from obstructions, leaks and defects and be capable of performing the function for which
such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and
functional condition.
(B) Fixture Clearances: Plumbing fixtures shall have adequate clearances for usage and cleaning.
(C) Plumbing System Hazards: Where it is found that a plumbing system in a structure constitutes a
hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross-
connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the
code official shall require the defects to be corrected to eliminate the hazard. (Ord. 706, 3-16-1998)
4-8-5-5: WATER SYSTEM:
(A) General: Every sink, lavatory, bathtub or shower, drinking fountain, water closet, or other plumbing
fixture shall be properly connected to either a public water system or to an approved private water
system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot
or temperate and cold running water in accordance with the plumbing code.
(B) Contamination: The water supply shall be maintained free from contamination, and all water inlets for
plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets,
janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall
be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached
hose connection vacuum breaker.
(C) Supply: The water supply system shall be installed and maintained to provide a supply of water to
plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to
enable the fixtures to function properly, safely, and free from defects and leaks.
(D) Water Heating Facilities: Water heating facilities shall be properly installed, maintained and capak. ~f
providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower
and laundry facility at a temperature of not less than one hundred twenty degrees Fahrenheit (120°F).
A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other
occupied room normally kept closed. An approved combination temperature and pressure relief valve
and relief valve discharge pipe shall be properly installed and maintained on water heaters. (Ord. 706,
3-16-1998)
4-8-5-6: SANITARY DRAINAGE SYSTEM:
(A) General: All plumbing fixtures shall be properly connected to either a public sewer system or to an
approved private sewage disposal system.
(B) Maintenance: Every plumbing stack, vent, waste and sewer line shall function properly and be kept
free from obstructions, leaks and defects. (Ord. 706, 3-16-1998)
4-8-5-7: STORM DRAINAGE:
(A) General: Drainage of roofs and paved areas, yards and courts, and other open areas on the premises
shall not be discharged in a manner that creates a public nuisance. (Ord. 706, 3-16-1998)
4-8-6: MECHANICAL AND ELECTRICAL REQUIREMENTS:
4-8-6-1: GENERAL:
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(A) Scope: The provisions of this Section shall govern the minimum mechanical and electrical facilities
and equipment to be provided.
!R) Responsibility: The owner of the structure shall provide and maintain mechanical and electrical
facilities and equipment in compliance with these requirements. A person shall not occupy as owner-
occupant or permit another person to occupy any premises which does not comply with the
requirements of this Section. (Ord. 706, 3-16-1998)
8-6-2: HEATING FACILITIES:
(A) Facilities Required: Heating facilities shall be provided in structures as required by this Section.
(B) Residential Occupancies: Dwellings shall be provided with heating facilities capable of maintaining a
room temperature of seventy two degrees Fahrenheit (72°F) in all habitable rooms, bathrooms and
toilet rooms based on the winter outdoor design temperature required for the locality by the building
code located at Section 4-1-1 of this Title.
(C) Heat Supply: Every owner and operator of any building who rents, leases, or lets one or more
dwelling unit, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain
a temperature of not less than sixty five degrees Fahrenheit (65°F) in all habitable rooms, bathrooms,
and toilet rooms.
Exception: When the outdoor temperature is below the winter outdoor design temperature required for
the locality by the building code, maintenance of the minimum room temperature shall not be required
provided that the heating system is operating at its full design capacity.
(D) Occupiable Work Spaces: Indoor occupiable work spaces shall be supplied with heat during the
period from October 1 to May 1 to maintain a temperature of not less than sixty five degrees
Fahrenheit (65°F) during the period the spaces are occupied.
cceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
(E) Room Temperature Measurement: The required room temperatures shall be measured three feet (3')
above the floor near the center of the room and two feet (2') inward from the center of each exterior
wall. (Ord. 706, 3-16-1998)
~,.•8-6-3: MECHANICAL EQUIPMENT:
(A) Mechanical Equipment: All mechanical equipment, fireplaces and solid fuel-burning appliances shall
be properly installed and maintained in a safe working condition, and shall be capable of performing
the intended function.
(B) Cooking And Heating Equipment: All cooking and heating equipment, components and accessories in
every heating, cooking and water-heating device shall be maintained free from leaks and obstructions.
1. Cooking Equipment: Cooking appliances shall not be used to provide space heating to meet the
minimum requirements of subsection 4-8-6-2(C) of this Chapter.
2. Fireplaces: Fireplaces shall not be used to provide space heating to meet the minimum
requirements of subsection 4-8-6-~C) of this Chapter.
3. Cooking Equipment Not Permitted In Garage: Cooking equipment, including a kitchen range or
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stove, shall not be installed and maintained in a garage.
(C) Removal Of Combustion Products: All fuel-burning equipment and appliances shall be connected to
an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are labeled for unvented operation.
(D) Clearances: All required clearances to combustible materials shall be maintained.
(E) Safety Controls: All safety controls for fuel-burning equipment shall be maintained in effective
operation.
(F) Combustion Air: A supply of air for complete combustion of the fuel and for ventilation of the space
containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
(G) Energy Conservation Devices: Devices intended to reduce fuel consumption by attachment to a fuel-
burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall
not be installed unless labeled for such purpose and the installation is specifically approved. (Ord.
706,3-16-1998)
4-8-6-4: ELECTRICAL FACILITIES:
(A) Facilities Required: Every occupied building shall be provided with an electrical system in compliance
with the requirements of this Section and Section 4-8-6-5 of this Chapter.
(B) Service: The size and usage of appliances and equipment shall serve as a basis for determining the
need for additional facilities in accordance with NFPA 70. Every dwelling shall be served by a main
service that is not less than 60 amperes, three (3) wires, 120/240-volt AC nominal.
(C) Electrical System Hazards: Where it is found that the electrical system in a structure constitutes a
hazard to the occupants or the structure by reason of inadequate service, improper fusing, insuffic' 't
outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code of, .I
shall require the defects to be corrected to eliminate the hazard. Discontinue the use of hazardous
circuits until repaired. (Ord. 706, 3-16-1998)
4-8-6-5: ELECTRICAL EQUIPMENT:
(A) Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained
in a safe and approved manner wired according to the building code for the year the building was
constructed or remodeled.
(B) Receptacles: Every habitable space in a dwelling shall contain at least two (2) separate and remote
receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a
receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle.
Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
(C) Lighting Fixtures: Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room,
boiler room and furnace room shall contain at least one electric lighting fixture, wall switch controlled
light fixture or receptacle outlet. This requirement applies to habitable rooms; the wall switch shall be
located by room entrance and exterior egress doors. (Ord. 706, 3-16-1998)
4-8-6-6: ELEVATORS, ESCALATORS AND DUMBWAITERS:
(A) General: Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed
toads, to operate properly, and to be free from physical and fire hazards. The most current certificate
of inspection shall be on display at all times within the elevator or attached to the escalator or
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dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator.
(B) Elevators: In buildings equipped with passenger elevators, at least one elevator shall be maintained in
operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator
temporarily out of service for testing or servicing. (Ord. 706, 3-16-1998)
n ~8-6-7: DUCT SYSTEMS:
(A) General: Duct systems shall be maintained free of all obstructions and shall be capable of providing
the required function. (Ord. 706, 3-16-1998)
Q-8-7: FIRE SAFETY REQUIREMENTS:
4-8-7-1: GENERAL:
(A) Scope: The provisions of this Section shall govern the minimum conditions and standards for fire
safety relating to structures and exterior premises, including fire safety facilities and equipment to be
provided.
(B) Responsibility: The owner of the premises shall provide and maintain such fire safety facilities and
equipment in compliance with these requirements. A person shall not occupy as owner-occupant or
permit another person to occupy any premises that do not comply with the requirements of this
Section. (Ord. 706, 3-16-1998)
-a , -2: MEANS OF EGRESS:
(A) General: A safe, continuous and unobstructed path of travel shall be provided from any point in a
building or structure to the public way.
(B) Exit Capacity: The capacity of the exits serving a floor shall be sufficient for the occupant load thereof
as determined by the building code.
(C) Number Of Exits: In nonresidential buildings, every occupied story more than six (6) stories above
grade shall be provided with not less than two (2) independent exits. In residential buildings, every
story exceeding two (2) stories above grade shall be provided with not less than two (2) independent
exits. In stories where more than one exit is required, all occupants shall have access to at least two
(2) exits. Every occupied story which is both totally below grade and greater than two thousand
(2,000) square feet shall be provided with not less than two (2) independent exits.
(D) Arrangement: Exits from dwelling units, rooming units, guest rooms and dormitory units shall not lead
through other such units, or through toilet rooms or bathrooms.
(E) Exit Signs: All means of egress shall be indicated with approved "Exit" signs where required by the
building code. All "Exit" signs shall be maintained visible and all illuminated "Exit" signs shall be
illuminated at all times that building is occupied.
(F) Corridor Enclosure: All corridors serving an occupant load greater than thirty (30) and the openings
therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors
and other openings shall be closed or shall be self-closing.
:xceptions:
31
http://66.113.195.234/IvIN/Burnsville/docbar.htm 6/9/2006
Page 18 of 20
1. Corridors in occupancies, other than high-hazard occupancies, which are equipped throughout with
an automatic sprinkler system.
2. Patient room doors in corridors in health care occupancies where smoke barriers are provided in
accordance with the fire prevention code, are not required to be self-closing.
3. Corridors in educational occupancies where each room that is occupied for instruction or assembly
purposes has at least one-half (1/2) of the required means of egress doors opening directly to the
exterior of the building at ground level.
4. Corridors that are in compliance with the building code.
(G) Dead-End Travel Distance: All corridors that serve more than one exit shall provide direct connection
to such exits. The length of a dead-end corridor shall not exceed twenty feet (20').
Exception: Dead ends that are in compliance with the building code.
(H) Aisles: Arrangements of chairs or tables and chairs shall provide for ready access by aisle
accessways and aisles to each egress door. The minimum clear width of each aisle in assembly,
educational and health care occupancies shall be maintained in accordance with the requirements of
the building code. In all other occupancies, aisles shall have a minimum required clear width of forty
four inches (44") where serving an occupant load greater than fifty (50), and thirty six inches (36")
where serving an occupant load of fifty (50) or less. The clear width of aisles shall not be obstructed
by chairs, tables or other objects.
(I) Stairways, Handrails And Guards: Every exterior and interior flight of means of egress stairs serving
any building or portion thereof and having more than one riser shall have a handrail on at least one
side of the stair. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking
surface which is more than thirty inches (30") above the floor or grade below shall have guards.
Handrails shall not be less than thirty four inches (34") nor more than thirty eighty inches (38") high,
measured vertically above the nosing of the tread or above the finished floor of the landing or walk^ry
surface. Guards shall not be Tess than forty two inches (42") high above the floor of the landing,
balcony, porch, deck, ramp or other walking surface.
Exception: Guards are not required at any location where guards are exempted by the building code.
(J) Stairway Identification: Asign shall be provided at each floor landing in all interior stairways more than
three (3) stories above grade, designating the floor level above the floor of discharge. All elevator
lobby call stations on all floor levels shall be identified by approved signs in accordance with the
requirements for new buildings in the building code.
Exception: The emergency sign shall not be required for elevators that are part of an accessible means of
egress complying with the building code.
(K) Locked Doors: All means of egress doors shall be readily openable from the side from which egress is
to be made without the need for keys, special knowledge or effort, except as provided for in
subsection (K)1 of this Section.
1. Locks Permitted: Locks or fasteners shall not be installed on egress doors except in accordance
with the following conditions:
a. In mental, penal or other institutions where the security of inmates is necessary, in which case
properly trained supervisory personnel shall be continuously on duty and approved provisions are
made to remove occupants safely in case of fire or other emergency.
b. In problem security areas, special-purpose door alarms or locking devices shall be approved.nrio;
to installation. Manually operated edge or surface-molded flush bolts are prohibited.
c. Where the door hardware conforms to that permitted by the building code.
(L) Emergency Escape: Every sleeping room loca3ed below the fourth story in residential and group home
http://66.113.195.234/NIN/Burnsville/docbar.htm 6/9/200
Page 19 of 20
occupancies shall have at least one openable window or exterior door approved for emergency egress or
rescue; or shall have access to not less than two (2) approved independent exits.
Ex~ ion: Buildings equipped throughout with an automatic fire suppression system. (Ord. 706, 3-16-1998)
~8-7-3: ACCUMULATIONS AND STORAGE:
(A) Accumulations: Rubbish, garbage or other materials shall not be stored or allowed to accumulate in
stairways, passageways, doors, windows, fire escapes or other means of egress.
(B) Hazardous Material: Combustible, flammable, explosive or other hazardous materials, such as paints,
volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not
be accumulated or stored unless such storage complies with the applicable requirements of the
building code and the fire prevention code. (Ord. 706, 3-16-1998)
4-8-7-4: FIRE RESISTANCE RATINGS:
(A) General: The fire resistance rating of floors, walls, ceilings, and other elements and components
required by the building code shall be maintained.
(B) Maintenance: All required fire doors and smoke barriers shall be maintained in good working order,
including all hardware necessary for the proper operation thereof. Fire doors shall not be held open by
door stops, wedges and other unapproved hold-open devices. (Ord. 706, 3-16-1998)
n~8-~-5: FIRE PROTECTION SYSTEMS:
(A)General: All systems, devices, and equipment to detect a fire, actuate an alarm, or suppress or control
a fire or any combination thereof shall be maintained in an operable condition at all times in
accordance with the fire prevention code.
(B)Fire Suppression System: Fire suppression systems shall be maintained in proper operating condition
at all times.
(C)Standpipe Systems: Standpipe systems shall be maintained in proper operating condition at all times.
Hose connections shall be unobstructed.
(D)Fire Extinguishers: All portable fire extinguishers shall be visible, provided with ready access thereto,
and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved
type.
(E)Smoke Detectors: A minimum of one approved single-station or multiple-station smoke detector shall
be installed in each guest room, suite or sleeping area in residential and group home occupancies,
and in dwelling units in the immediate vicinity of the bedrooms in occupancies in one- and two-family
dwellings and multi-family dwellings. In all residential occupancies, smoke detectors shall be required
on every story of the dwelling unit, including basements. In dwelling units with split levels and without
an intervening door between the adjacent levels, a smoke detector installed on the upper level shall
suffice for the adjacent lower level, provided that the lower level is less than one full story below the
upper level.
1. Installation: All detectors shall be installed in accordance with the building code and the
manufacturer's instructions. When actuated, the smoke detectors shall provide an alarm suitable to
warn the occupants within the individual room or dwelling unit.
2. Power Source: The power source for smoke detectors shall be either an AC primary power source
or a monitorized battery primary power source.
33
http://66.113.195.234/IvIN/Burnsville/docbar.htm 6/9/2006
Page 20 of 20
3. Tampering: Anyone tampering or interfering with the effectiveness of a smoke detector shall be in
violation of this Chapter.
(F)Fire Alarm Systems: Fire alarm systems shall be in proper operating condition at all times. (Ord. 706,
3-16-1998)
34
http://66.113.195.234/MN/Burnsville/docbar.htm 6/9/200.,
Mnrorz
Hill nlesener
~~ ~ ~ ~ ~~~lt~ ~°a~ca~a
515 LiUle C~naula Road, Little Canada, MN Ci5117-1600
(651) 766-4029 /FAX: (651) 766-4048
www. ct.lit.tle-Canada. ntn. us
MCMORANDUM
TO: Mayor Blesener and Members of the City Council
FROM: Kathy Glanzer, City Clerlc
llA1'1;: August 8, 2008
RC: Massage Therapist License -Benjamin Mart
Noupath Massage
Benjamin Mart has made application for a Massage 'therapist License to work at
Noupath Massage at 2580 Rice Street. Mr. Mart has met the necessary education
requirements and has passed the Sheriff's Background Check.
COUNCIL
Rick Montuur
n nh u ~ nun
John ISeis
Mich ul McCnnv
ADMINISTRA'I>7R
Joct R. Ihuison
"the City Ordinance limits a massage therapy business to three therapists. Noupath
Massage had been at the maximum, but two therapists have recently left this business.
"Therefore, the addition of Mr. Mart to their staff will put the business at two massage
therapist.
Staff recommends approval of a Massage "Therapist License for Benjamin Mart, Noupath
Massage.
CITY OF LITTLE CANATJA
APPLICATION FOI2 MASSAGE TIIERAPIS'T LICENSE
Annual License Fee - $75.00
J~_ _ New Application
Please complete the following.
1. True Name . ~CJ~ (~~ l~~al ~ e~,~~ ~
2.
3.
4.
5.
6.
7.
x.
9
10.
11
Renewal Application
~~ 11
LAST `FIRS"f FULL MIDDLE NAME
~ ~ 7 -s ~,
Residence Address ~-'~ ~~ ~' l ~C6 ~ ~~ ~~~~~ ~<?. ~~"=~, ~c"'~- M n
c- -.
Residence 'T'elephone ~~ • ~ I ~ ' ~ ` ~ ~'' ~~
Business Address
Business Telephone _
Social Securi:
Driver's Lieen
Date of Birth _ _
Mo./Day/Year
Place of Birth Z` "~"~-- ~ ~.~ `t'.(~' %c'.~<' '~-1 __
County City State
U.S. Citizen? ~ Yes No
Naturalized? Yes ~ No
Tf yes, give date and place
Attach a copy of the naturalization papers.
If you have ever used or been known by a name or names other than the true name given in
No. I above, list such names(s), and information concerning dates and places where used:
Names Dates, Place, and Circumstances
A
2
12. Name and address of the licensed Massage Therapy Lstablishrnent that you expect to be
employed by.
V c~U ~~~,jl
13. Address(es) at which you have lived during preceding ten years. (Begin with present or last
address, and work back.)
~~ti~ ~
L ~ r /1 lv'"~.~jAl ~F.~n ~q /'~
- --~-
~.
_.
14. Kind, name, and location of every business or occupation you have been engaged in during
the preceding ten years. (Begin with present business and work back.)
Business or Street Address
Occupation City anct State
i00_
Nature of Business
Or Occupation
c
}c~~ C~cY~
15. Attach a certified copy of a diploma or certificate of graduation from a school of massage
therapy including a minimum of 60U hottts in successfully completed course work as required
by City Code.
1C. Have you ever been convicted of any felony, crime, or violation of any ordinance other than
traffic`?
Yes ~ No
If yes, given information as to tlae time, place, and offense for which convictions were had.
17. Have you been in military service? Yes _ `/ Na
If yes, was discharge(s) ever other than honorable?
Yes _~_ No
(Upon request, you may be required to exhibit all discharges.)
n
18. Are you directly or indirectly interested in other establishments iu the City of Little Canada to
which a license of the same kind has been issued? Yes " No
19. Dave you had any previous massal;e therapist license that was revoked, suspended, or not
renewed? Yes J No
If yes, explain in detail:
20. T-Iave you ever made application for a massage therapist license or similar activity and had
such application denied? __ Yes _ ~~ No
Tf yes, explain in detail:
I understand that the information provided in this application may be considered private or
confidential data. T further understand that I may not be requhed by law eo provide such information.
The purpose of providing such information is to aid the City of Little Canada in its determination on
my application for a permit. I acknowledge the providing, or failing to provide, such information
may affect the City's determination on my application. I understand this information will be made
available to the City of Little Canada, its City Council, agents and representatives, as well as the
Minnesota Department of Revenue, or any other person or enfity authorized by law to receive said
information. I release the City of Little Canada from aziy and all liability for its receipt and use of
data received pursuant to this application.
STATE OF MINNESOTA )
COUN'T'Y OF ~~~'JS~)
~/~/ ~~/Q ~y7/~- l ,being first duty swozn, upon his/her oath,
deposes and says that helshe is the person who has executed the above application, and that the
statements made therein are true of his/her own knowledge and belief.
r /%'~'~
Sig tore ,--
1~1~55 y~ue~ I he~'~ r»`~ ~
Title
fl!l~tss~~~ e'T' Shzatru "TF>cutpp S'cbiool ~' ~ Iinzc
~~~~~~~~R~~~i~~ ~~Id~~~
I-o: Cits~ of Vitt{e Canada
r~a~::
Dace: 7uly 28, 7,U0£i
l~r<.tn~: Michael S~itrgerald, JZegistrar
Regarding:T'ro~;ram lIours Couxhlcced
'The following student; Ixas caixxplececl 84I 1-Tours of coutseworlc for t:lte 1035 I Tour
Coinprehenssve Iuccgraccd Slxiavsu & ]Massage :I'hercp)r "7"raixxing 1'rograxn. Slat laas complcceci the
Shiatsu Program and only has the: A9~assage part of the progratxt co cornl,tlet:c.
L~cnny (Jetx) Mari
CF53 T58t1zAve
1SP1,>le Valley, AQ'N 551.;..>.4
Srhnol. fxifo:
C:enteti'oint Massage 8r Slaiatz;ci ':[ Iaeral~q 3rFxcrol f~~: CTsni.c.
131.3 Selz Stxeet 31_., Suite 336
Msexexeapolis, MTV? `i"y4Y~
If you neetl additiaxal infw:maciax, hl.etutie: cotuacc ou.r 12<~:gis9:rar ac:
G1:3~-C17-9000, ese 30~
-,
/ /( ,',
5
~~
a
r s'r~x
fir"`
P~ ~~tz~ (~`aycaa~a
515 Lttele Canada Iioa<t, Lit ele Canada, MN 551 1 7-1600
(651) 766-4029 /FAX: (651) 766-4048
www.ci.litfle-canada. mn.us
Ml;MORANDUM
TO: Mayor Blesener and Members of the City Council
P'I20M: Kathy Glanzer, City Clerk
DATr: August 7, 2008
RI's: Vacation of a Portion of Viking Drive Right-of--Way
MAY02
Hill nlesener
COUNCIL
12ic1< Montour
(3a~rom'n Haan
John ISCis
Michael McCram
ADMINIS7RA'R~I2
JocI IL Hanson
Due to the relocation of Viking Drive and the replatting of this area (Melancon Plat), the
previously used Viking Drive right-of'--way should be vacated.
Staff is recommending that a Public Hearing be called for Wednesday, September 10,
2008 to consider the vacation.
CITY OF LITTLE CANADA
RESOLUTION SETTING A PUBLIC HEARING
ON VACA'CION OF STREET RIGIiT-OF-WAY
WHEREAS,
The City Council pursuant to Minnesota Statute 412.851 desires to consider the vacation
of a portion of Viking Drive legally described as follows:
That part of Lots 4, 5, and 6, J.F. EISENMENGER'S GARDEN LOTS,
according to the plat thereof on file and of record in the office of the
County Recorder in and for Ramsey Cowxty, Minnesota, which lies
southerly of a line run parallel with and distant 40 feet northerly of Line 1
described below, northerly of Line 2 described below and easterly of Line
3 described below:
Line 1. Beginning at a point on the west line of Section 7, Township 29
North, Range 22 West, distant 886 feet north of the southwest corner
thereof; thence run easterly at an angle of 90 degrees 00 minutes 00
seconds from said west section line for 20 feet; thence deflect to the right
on a 20 degree 00 minute 00 second curve having a delta angle of 53
degrees 09 minutes 16 seconds for 265.77 feet to a point of reverse
curvature; thence deflect to the left on a 20 degree 00 minute 00 second
curve having a delta angle of 53 degrees OS minutes 07 seconds for 265.43
feet and there terminating;
Line 2. From the southwest corner of said Section 7, run northerly along
the west line thereof on an azimuth of 359 degrees 39 minutes 40 seconds
for 861.81 feet; thence on an azimuth of 89 degrees 39 minutes 40 seconds
for 57 feet to the point of beginning of Line 2 to be described; thence
southeasterly for 208.91 feet on anon-tangential curve, concave to the
southwest, having a radius of 252.06 feet, a delta angle of 47 degrees 29
minutes 13 seconds, and a chord azimuth of 118 degrees 53 minutes 02
seconds, to a point of reverse curvature; thence deflect to the left on a
tangential curve having a radius of 308.5 feet, a delta angle of 53 degrees
00 minutes 50 seconds for 285.44 feet and there terminating;
2
Line 3. Beginning at the point of beginning of Line 2 described above;
thence run northerly on an azimuth 359 degrees 39 minutes 40 seconds for
100 feet and there terminating;
Together with the southerly 50 feet of said LoY 6, adjoining and northerly
of the above described strip.
NOW THEREFORE, BE IT RESOLVED BV THE CITX COUNCIL OF LITTLE
CANADA, MINNESOTA:
`l'he Council will consider the vacation of such street and a public hearing shall be
held on such proposed vacation on the 10°' day of September, 2008, before the
City Council in the City Center Located at 515 Little Canada Road at 7:30 p.m.;
2. The City Administrator is hereby directed to give published, posted, and mailed
notice of such hearing as required by law.
William Blesener, Mayor
Attest:
Joel Hanson, City Administrator
Passed by the City Council this 13`x' day of August, 2008.
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515 Little Canada Road, Little Canada. MN 55117-1G00
(GG1) 766-4029 / rAX: (G51) 76G4048
www. ci.little-canada.nut.us
MEMORANllUM
TO: Mayor 131esener and Members of the City Council
FI20M: Kathy Clanger, City Clerk
DATE: August 7, 2008
RE: September 9, 2008 Primary Election
Appointment of Election Judges
MAYOR
(3111 nksenur
COUNCIL
Iact< Montour
n u b u x Allan
lobo ICcis
Mich x<.1 McGraw
ADMINtSTfLA'I'OR
Jacl R. Manson
Attached is a listing of Election Judges for the September 9, 2008 Municipal Election.
Staff requests appointment of these Election Judges for the Primary Election, including
authorization of any last minute appointments that might be necessary.
CITY OF LITTLE CANADA
F ELECTION JUDGES
PRIMARY ELECTION -SEPTEMBER 9, 2008
PRECINCT 1: Roseville Area Middle School. 15 County Road B2 East
Name Address >' Ci St' Zi Hours
1 Joan Saiko 2615 Stark St Little Canada MN 55117 All Da
2 Bett Davison 2589 Stark St Little Canada MN 55117 All Da
3 Gerry Childs 110 Co. Rd. F W. Vadnais Hts MN 55127 AM
3 Bil! Dircks 80 Twin Lake Blvd. Little Canada MN 55127 PM
4 Kate Johnson 175 Co Rd B2 E #323 Little Canada MN 55117 All Da
5 Ro er Pa ne 2485 Canabu Dr #110 Little Canada MN 55117 All Da
6 Sand Ducharme 2437 Sunset Ct Little Canada MN 55117 Ali Da
7 Tia Phan 92 Maple Ln Little Canada MN 55117 PM
PRECINCT 2: Little Canada Elementary School. 400 Eli Road
Name Address Cit St°: Zi Hours'.
1 Kath Hanson 699 LaBore Rd Little Canada MN 55117 All Da
2 Lucille Nadeau 2669 Noel Dr Little Canada MN 55117 All Da
3 Clara Neis 2287 Stephani Ct Little Canada MN 55117 All Day
4 Joanne Paulson 2983 Greenbrier St Little Canada MN 55117 All Da
5 Debra Sinna 2929 Pa ne Ave Little Canada MN 55117 Ail Da
6 Ma Clare Rieschl 2994 Sher Ct Little Canada MN 55117 Ail Da
7 Bev Jespersen 651 LaBore Rd Little Canada MN 55117 AM
7 Bev Ehrnreiter 2827 Ed erton St Little Canada MN 55117 PM
PRECINCT 3: Little Canada Cit Center, 515 Little Canada Road East
` Name Address Cit St - Zi Hours
1 Florie Petersen 2581 McMenem Rd Little Canada MN 55117 All Da
2 Vir inia Smith 334 Little Canada Rd E Little Canada MN 55117 All Da
3 Kusum Saxena 2401 Dianna Lane Little Canada MN 55117 All Day
4 Pat Frattalone 550 Schlett Dr Little Canada MN 55117 All Da
5 JoAnn Facente 2559 Morrison St Little Canada MN 55117 All Da
6 Ka Rossez 203 Australian Ave Little Canada MN 55117 All Da
7 Ma Ann O'Kane 90 LaBore Rd Little Canada MN 55117 All pa
ABSENTEE BALLOT BOARD
Name < Address Cit St < Zip
1 Jessica Ja oe 12752 Ferrara Ave Hu o MN
2 Dott Nor and 208 Nature Wa Little Canada MN 55117
Ke to Working Hours
AM 6:00 am - 2:00 pm
PM 2:00 pm -close (around 9:00 pm)
All Da 6:00 am -close (around 9:00 m
FIRING ~ ~pSSO(I~AT~S
TRUt NUATU
August 7, 2008
File No. 120111E-0071
Honorable Mayor and City Council
City of Little Canada
515 Little Canada Road E.
Little Canada, MN 55117-1633
RE: DESOTO RETAINING WALL REPLACEMENT PROJECT
PARTIAL PAY ESTIMATE #1
Dear Council Members
Please find attached 3 copies of the Partial Pay Estimate No. 1 for the above-referenced
project. As you are aware, the Contractor for the project is Structures Hardscapes
Specialist, Inc. The total amount earned by the Contractor on this partial pay estimate is
$16,661.00. Subtracting 5% retainage of $833.05, the amount due the Contractor is
$15,827.95.
This pay estimate includes payment for installation of the wet cast retaining wall and
boulevard restoration. There is one panel of concrete that was damaged during the
course of the project that needs to be repaired, and the retainage will be held until this
work is completed. We have inspected the work preformed by Structures Hardscapes
Specialists and find it to be in compliance with the plans, specifications, and contract
documents. Therefore we would recommend approval of Partial Pay Estimate No. 1 in
the amount of $15,827.95.
If you have any questions regarding this issue please feel free to call.
Sincerely,
ELFERING & ASSOCIATES
Lee Elfering, P.E.
City Engineer
cc: Bill Dircks, Public Works Director
Z:\PROJ\t20511E-Desoto Retaining Wall\0075\Llf-080708-CC (Payment HS).doc
10062 Flanders Court NE, Blaine. MN 55440 -Phone: (%63) 780-0450 -Fax: (763) %80.0452
C0.51PLETION DATE
ORIGINAL: gv9us11, 2000
REVIBED:
PARTIAL PAY IiSTiMAiE at
fROM: Ju1V t, 2000
T0: Au9us11, 2008
CONTItgCTOR: STRUCTUREB HARDSCAPE SPECIALISTS, INC.
ADDRESS: 620D HUMBOLT AVENUE SOUTH. BUTTE 100
OWNER: CRY OF LITTLE CANADA
PROJECT: DESOTO RETAINING WALL RP:PIACF.MF.Ni
AMOUNT OF CONTRACT
ORIGINAL: S 16.66t00
REVISED: S 10,681.00
ITfM ORIGINAL CONTRACT THIS PERIOD TOTAL TO DATE
NO. ITEM DE8CRIPTIOY UNIT Ott. UNIT PRICE OTY. TOTAL PRICE Ott. 1OTAL PRICE
@!D SUMMARV
SCHEDULE I.0
TOTAL BID SUMMARY TNIS PERIOD
TOTAL BID SUTA IAARY TO DATE
TOTAL THIS PERIOD TOTA4 TO DATE
AMOUNT EARNED Si6.W1.00 S16.E6T00
AMOVNT RETAINED 5833.05 $0]3.05
MATERIAL ON SITE 5000 50.00
MATERIAL DEDUCT, 80.00 5000
P0.EVIOVS PAYMENTS """"•""""""""""'•'•' 50.00
AMOUNT DUE 515,84] 95 515,82].98
THIS PERIOD TOTgL TO DATf.
816681.00 StGEG1.00
N6,661.00
8'16,661,00
2
i hereby certify that all items and amounts shown by this pay estimate are
correct for the work completed to date.
CONTRACTOR: STRUC'CURES HARDSCAI'ES SPECIALISTS, INC.
BY:
TITLE:
DATE:
Based on the ENGINEER'S on-site inspections as an experienced and qualified design
proi'essiona! and on review of application for payment and the accompanying data and
schedules, the ENGINEER has determined, to the best of his knowledge and belief,
that the quantities shown by this estimate are correct and that, based on such inspections
and review, that the work has progressed to the point indicated (subject to an evaluation
of such work as a functioning Project upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, and to any qualifications stated in
his reconnnendation), and that payment of the amount recommended is due Contractor(s);
but by recommending any payment, the ENGINEER will not thereby be deemed to have
reviewed the means, methods, sequences, techniques, or procedures of construction
a• safety precautions or programs incident thereto or that the ENGINEER has made any
examination to ascetlain how or for what purpose any Conp'actm' has used the monies
paid on accomrt of the Contract Price, or that title to any of the work, materials, or equipment
has passed to the Owner free and clear of any lien, claims, security interests or encumbrances,
or that the Cwmractm•(s) have completed their work exactly in accordance with the Contract
Documents.
ENGINEER: ELFERING & ASSOCIATES
BY:
TITLE:
DATE:
Approved by Owner/Connnission
CITY O/' LITTLE CANADA, MINNESOTA
BY:
TITLE:
DA'T'E:
END
~i~iH~ ~ .assaa.aT~s
TAUF HUBTU
August 8, 2008
File No. 120102E-0071
Honorable Mayor and City Council
City of Little Canada
515 Little Canada Road E.
Little Canada, MN 55117-1633
RE: SW TRUNK WATERMAIN IMPROVEMENTS PROJECT
PARTIAL PAY ESTIMATE #2
Dear Council Members
Please find attached 3 copies of the Partial Pay Estimate No. 2 for the above-referenced
project. As you are aware, the Contractor for the project is Redstone Construction
Company, Inc. The total amount earned by the Contractor on this partial pay estimate is
$384,562.23. Subtracting 5% retainage of $19,228.11 and previous payments of
$208,879.92, the amount due the Contractor is $156,454.20.
This pay estimate includes payment for the watermain installation on Stephanie Court
and Viking Drive, the completion of the sanitary sewer service repair on Edgerton Street,
and the work outlined in Change Order #1 that is included in the Council packet. We
have inspected the work performed by Redstone Construction and find it to be in
compliance with the plans, specifications, and contract documents. Therefore we would
recommend approval of Partial Pay Estimate No. 2 in the amount of $156,454.20.
If you have any questions regarding this issue please feel free to call.
Sincerely,
ELFERING & ASSOCIATES
~. ~~~
Lee Elfering, P.E.
City Engineer
cc: Bill Dircks, Public Works Director
L9PROJ\12o102G - SW Trunk Watermain\O W i Wadial Paymant\Ltr-080808-CC (Payment #2).doc
10062 Fiantlers Court NE, Blaine, MN 55449 -Phone: (763) 780-0450 -Fax: (703) 780.0452
PARTIAL PAY ESTIMATE p2
FROM: JUne 2], 2058
YO: Juty 25, 2008
CONTRACTOR: REDSTONE CONSTRUCTION
ADDRESS: P.O. BOX 218 MORA, ALN 53051
OWNER: CITY OF LITTLE CANADA
PROJECT: SW TRVNK\NATERMAIN PROJECT
COfApLETION DATE AMOUNT OF CONTRACT
ORIGINAL Saplember i5. 2000 ORIGINAL: $ 038,321.19
REVISED: REVISED: 3 650,313.61
ITEM ORIGINAL CONTRACT THIS PEfliOD TOTAL TO DATE
N0. ITEM DESCRIPTION UNIT OTT. UNIT PRICE OTT. TOTAL PRICE OTT. TOTAL PRICE
SL EOUL t .TI UN AREA _
_ _
i A!ORILI2ATION LS t00 59000.00 000 50.00 f.00 590W.00
2 CLEARING SF 9150.00 5021 000 50.00 2000.00 SSd80D
3 _ GRUBBING ____., ,__.___. ______ Sf 415_0,00_ __...___... 50.15 000 50.00 0.00 5000
d CLEAR TREE 300 618500 0.00 50.00 2.00 53]0.00
5 GHUS TREE 300 S>5.00 000 5000 000 50.00
8 GALVAGE SCHOOL SIGN EACH 100 550.00 100 $50.00 200 6100.00
SALVAGE CHPoN LINK FENCE lF 295.00 6)00 4200 SB4001 6]00 513400
e
9 _ SALVAGE HYDRANTO VALVf.
DIRECTIONAL DRILL B'HOPE WATERMAIN DIPS EACH,
LF ..,_ j00
2600 .585.00
__5_]3:00 100__
0.00 585.00
50.00 100
_,2600__ __S85OD
$1„898.00
10 DIRECTIONAL DRIU~ t2"HDPE WATERMAIN DIPS LP fi88.00 65600 1].00 5952.00 611 00 Sad 552.00
11 fi"DUCTILE IRON WATERMAIN CL 52~DPENLDT Lf 5600 25.00 5.00 6tR500 55.00 51 ]5.00
12 B'WCTILE IRON WAYERMAINCL 52~OPENCUT LF 25000 $32.00 23200 _ 5]A2400 2$200 _SB~O6d.00
13 12"DUCTILC--IRON WATERMAIN CL S2~OPENCUT LF 1)0600 53000 19].00 S]A06.00 182800 569 969.00
td B'GATE VALVf F.ACH 100 51265.00 1.00 51265.00 200 2550.00
15 t2'GATE VALVE EACH ).00 5215400 OOD $000 800 51292a.C0
16 Ml'ORANT hND VALVE EACH 3.0 30>.00 O.OD 50.00 3.00 St0161L0
1T WATERMAIN INSU(ATION SF 12800 ~
54.00 0.00 SO.OD 9S.OD S38d.00
18 OffSET WATERMAIN EACN 100 5222200 000 50.00 0.00 5000
19 CONNECT TO EXISTING WATERMAIN EACH 1 OD 5280.00 1.00 5 00.00 i OD 5280.00
20 OU_CTILE IRON f1TTINGS _,_,____ L6 ~2>D00 Sd.00 25500 St 02000 1 1512.00 S60dS00
2t O'PVC PIPE SEWER SOR 35 LF 18000 515.00 O.OD 5000 1 000 SO 00
22 DIRECTIONALORILt~10'HDPE SAMTAHYSEWEN LF 8600 510000 0.00 SO_004 000 50.00
23 INSTALL SANITARY MANHOLE _
EACH 200 SI W2.00 000 50.00 0.00 50.00
2d CONSTRUCT INSIDE DROP EACH 1.00 5232800 0.00 5000 OOD 50.00
25 C_O_NSTRUCTMSIDEDROP E%TRADEPTH LF J00 ____,56100 _._„0_00._ ,_, 60,00 000_ _, 50.00
28 INSTALL SALVAGED SCHOOL 516N EALH 100 Sf00.00 1.00 5100.00 200 5265.00
2) INSTALL SALVAGED CHAIN LINK FENCE LF 245.00 5600 92.60
^ 5252.00 . 4200 525200
28 MSTAII SALVAGED HYDRANTBVALVE EACN 100 S35I00 100 S%'GCO 1.00 535].00
29 TRAFFIC CONTROL lS 100 _`595000 0.00 _ _ 50.00 _0.00 _ __.,,` 5000
30 SILT FENCE TYPE MACHINE SLICED if 1100 D0 51.80 O.OD 5000 ]46.00 S13a8A0
31 TOPSOIL BORROW CV 820.00 51600 165.00 52600.00 1 165.00 52 G~9_0.00
52 SEEDMG SY 9050.00 50.1) 266200 5052.5~ _2fifi200 595259
33 EXPLORATORY FORCEMAIN POTIIOLEING SCHOOL PROP. HR 600 5301.00 5.00 590300 1 600 5180600
SCHEDULE t.0-TOTAL 5234>5.54 S1G0.960.Od
9CHEDULE20.OUTBIOE TIF 9OU' RV A0.E
f MOBILIZATION LS 160
` 5950 00 0.00 5000 LOO S95a 00
2 LLEnRING
_
, Sf
,. ]1005 50.55 1609.00 _ S90o.95 160900 5906.95
3 _, __._-__-.._,,.,.., _, __
_
GRU981NG _
Sf ]1000 50.50 0.00 5000 0.00 00.00
q CLEAR TREE 300 510500 0.00 50.00 3.00 5555.00
5 GRUB TREE 300 _.___5]600 300 __ 622_5.00 _ 3.00 522500
6 REMOVE OITUMINOUS PAVEMENT _
SY _
35000 __
SS 00 290.00 SB)0.00 200.00 SO)000
] REMOVE CONCRETE CURB ANO GUTTER if 2000 62.50 2500 56250 25 GO 562.50
e REMOVE SANITARY AIANHOLE EACH 100 Si 10.99 O.CO 50.00 0.00 5000
9 _ _ REMOVE WATERMAIN lF __502.00 _ ____ 5250 ,_ 24.00 „__ _ _ 560.00 2900 56000
_
10 _ _ REMOVE SANITARY PIPE LF _30600 ~20D 000 50.00 0.00 5000
11 SALVAGE SIGN EACH 1.00 55000 0.00 50.00 000 6000
12 N.IIL BITUMINOUS PAVEMENT SY 120.00 5900 000 5000 009 30.00
13 ___
SAW CUT BRUMINDUS FULL DEPTH if 31000 33.00 22>.00 568103 1 22]CO 5601.00
2
INOM ITEM OESGRIPTION UNIT arr INAL CUNIT~PR CE ~mOTY.IIIS PE TOTAL PRICE OTV.TAL TO OT^ PRICE
14 BITUMINOUS STREET PATCH $Y 250.00 532.00 22].00 5]26d OD! 22200 5]26400
15 ____
AGGREGATE DASE CIASSS ~ T TON 20.00 323.00 000 50.00 000 50.00
iG TVPE MV4 WEAR COURSE MIXTURE DRIVEWAY TON 10.00 100.00 100 5100.00 ].00
_. 5]0000
__
_t]
18 CONCRETE CURB AND GUTTERjSURM,OUNTFBLEJ_
AOlUST VALVE ~ lF
EACH ,20:00
100 _ _, _ 53000
511000 2500
0.00 ,-v7@000
50.00 2600 _
0.00 __,,,, 515000
50.00
19 DIRECTIONAL DRILL-0"HDPE WATENMMN GIPS Lf 142.00 SJB.00 OOD 5000 id200
. _,SS ~960D
_.
20 DIRECTIONALORILL I2'HOPE WAYERMARJ GIPS Lf ~308~00, _~ S5>.00 534.00 330d3fl.00 801W 45]2100
21 5'DUGTILE IRON WATERMAIN CL 52.OPENCUT Lf 46.C0 525.00 34.00 $BSO.OD 34.00 85000
22 O'000TILE IRON WATERMAINCLSD OPENCUT LF 14].00 530.00 18400 5563000 _ 184.00 35520.00
23 12"UUCTILE IRON WATERMAINCL 52~OPENCUT LF ~3d200 Z50 )>000 5280]5.00 81200 530450.00
24 JACKSORE 20"STEEL GASIh'G WII2"HOPE LF 190.00 536900 0.00 30.00 90.00 533210.00
25 GGATf VALVE EACH t00 51003.00 _
1.00 S40W.00 _ 100 St 00300
28 0"GATE VAWE EACH 1.0 51294.00 200 52'vfl0.00 2.00 5258000
2] 12"GATE VALVF.~ [ACIi 300 52224.00 _
100 222400 2.00 $4.440.00
26 _
HYUI2ANY AND VALVE ~ EACH I00_ 5338].00 200 58'f%400 200 56]1400
29 CONNECT YO E%ISTING WATERMAIN EACH _
900 33]000 300 111000 5.00 1850.00
30 WATERMAIN INSULATION SF 120.00 1200 000 5000 000 50.00
~~
31 .~ -_.~
OFFSET WATERMAIN
EACH
300
52000.00
0.00
SOOD
0.00
5000
32 DUCTILE IRON FITTINGS LS _
231flOD __
5400 242300 39692.00 2901.00 1160x.00
33 RF,PIACE FRAME RING ANO CASTING EACH 200 59]400 000 50.00 000 0.00
34
35 B"PVC PIPE SEWER SOR 26
0"PVC PIPE SEWER SOR 35 LF
Lf 188.00
33G.00 518.00
51500 000
000 50.00
50.00 000
0.00 50.00
O.Op
36 pIRECTIONAL DRILL-10"HDPE SANITARY 3EWER Lf 40].00 569.00 000 5000 0.00 50.00
5] INSTALL SANITARY MANHOLE EAGN 500 _,5,10000 0.00 50.00 000 50.00
58 CONNECT TO EXISTING SANITARY MANHOLE EACH iC0 514000 0.00 SO.OD 000 3000
39 __ CORE DRILL MANHOLE EACH 1.00 55]0.00 0.00 5000 ___ 0.00 000
40 CONSTRUCT INSIDE DROP EACH 200 52041.00 000 50.00 O.OD 50.00
41 CONSTRUCT INSIDE DROP E%TRh DEPTH LF N.00 335.00 0.00 _~,OOD 000 5000
d2 INSTALL SALVAG[D SIGN EACH 1.00 5100.00 0.00 _ ___ 50_0,0 _0.00 5000
43 TRAFFIC CONTROL LS 100 5450.00 0.00 5000 0.00 50.00
44 SLLT FENCE. TYPE MACHINE SI ICF.O LF 2000.00 55.80 6]500 5121500 2000.00 53]60.20
45 INLET PROTECTION IM ~, EACH 2.00 530000 ____000_ 50.00 000 5000
d TOPSOIL DORROW GV 550.00 51800 2000 5320.00 20.00 3320.00
d] __ _ ___ _ _
SEEDING _ SY 58]500 501) x30500 5132.36 4300.00 5]3236
d8 SODDING SY 20000 5500 244.00 ___51„220.00 244,00 51220.00
SCHEDULE 20-TOTAL 104080.81 166525.01
$C - - O FUNDED WATERMAIN
_ __ _ _
1 4"DVCTILE IRON WATERMAIN SERVICECL 52-0PfNCUT LF 8200 32800 __
000 50.00 0100 52106.00
2 B'DUCTILE IRON WATERM.AINSF.RVICE CL 52-OPENCUT Lf 0200 _ 53200 000 50.00 Ot00 52592.00
3
d 12'DUCTILE IRON WATERMAINCL 52~OFE"NGUT
4"GATE VALVE LF
EACH -33800_
100 ,_ -_SdODD,„
SA45O0 _„_22L00. „
000 _,___508i40.00~ 395.00 „
30.00 100 _513800.00
5845.00
5 8'GATE VALVE ,_, EACH f.00 Si 0300 0.00_ $O.OD 1.00 ___ _ _,_§i,203.00
8 UUCTILE IRON FITTINGS LS 6)3.00 54.00 202.00 5808.00 8%3.00 5209200
] WATERMAIN INSULATION SF 90.00 5400 __
3200 _
S12A00 9600 $364.00
SCHEDULE 3.0-TOTAL 9))800 23.11200
S ULE 4.0 ~ST JUOE fUNDED DRIVEW Y __ _ __ _ v
i MOBILIZATION 1.5 100 5600.00 100 560000 1.00 5600.00
2 CLEARING SF 1800.00 50.21 i800.W __53]8.00.
__ _ 1900.00 33]800
3
4
GRUBBING ,,,,,_._ _.. _... ._....
REMOVE OITUMINOUS PAVEMENT
.. Sf,
SY
1_,80000
185000
_, _,,,-„_-~,_-$0;15
53.00 __
,0;00__
i8500D _
_,_SOOD
5550.00
0.00__,,,,,.
1850.00
,__,-,30_00
__55 550200
5 REMOVE CONCRETE 8IDEWALK SF 150 _,__,__51.09 _,_40.0 590.00 4000-„ 4000
s REMOVE CONCRETE PAVEMENT SF 1450 32.00 143]00 3201x.00 143].00 S20>d 00
1 SALVAGE SIGN EACH J 650.C0 0.00 5000 000 __ 5000
0 SALVAGE METAL CATE EACH 2 $IDD.00 O.OD _ 5000 0.00 5000
9 SALVAGE LIGHTPO
LE __ EACH 1.00 525000 0.00 50.00 000 S 00
10 _
MILL BITUMINOUS PAVEMENT SY 25 5900 OOp 50.00 0.00 50.00
N SAW CUT BITUMINOl13 FULL DEPTH lF _ __tb1_ ____ 6400 0.00 50.00 0.00
~ 50.00
12 AGGREGATE RASE CLAS55___ TON 930 513.00 _ 49 G2 ,__ ~, 564500 49.62 64506
ITEIA ORIGINAL CONTRACT THIS PERIOD ioTAL TO DATE
N0. ITEM DESCRIPTION UNIT ON. UNIT PRICE Ott. TOTAL PRICE DTY. TOTAL PRICE
15 TYPE MV4 WEPft COURSE MIXTURE YON 250 SG925 000 0000! 000 5000
14 TYPE LV3 NON WEARING COURSE MIXTURE 6hSE TON 20000 565.25 0.00 50.00 000 SO.OD
15 CONCRETE SIDEWALK d"THICK SF SO Sd 00 0.00 _5900 0.00 50.00
_1fi_.
4 ,,,,_„ CONCRETE DRIVEWAY PAVEMENT(0`THICK) ,,._,,,_,,,_
ADJUST VAIVE $f
EACH 1450„
t _,.-_56 C0
SN600 000
000 50.00 0.00
5000 000 5000
50.00
10 _
INSTPLI SPWPGED SIGN EACH 3 5100.00 000 5000 0.00 50.00
t9 INSTALL SAVAGED LIGHT POLE EACH 1 5)5000 000 50001 0.00 50.00
20 INSTALL GAWAGED METAL GATE EACH 2 6500.00 0.00 50.00 0.00 50.00
21 iRAFfIC CONTROL __ , LS f _ _._§dS000 O.OC __ ___ 5000 O.OD ___, ,,,,,,,_--,._,_ 00
SCHEDULE d.O-TOTAL Bi000].06 41008]06''
S H DUL.5.0-2 0.T T ANITARY REP ACEM E T
i MOBILIZATION LS i St 55000 100 5155000 1.00 SI 550.00
2 REMOVE SANITARY SERVICE PIPE LF 30 5800 IS.OD 5120.00 I60D 120.00
3 __
REMOVE BITUMINOUS PAVEMENT SY AO 514.00 45.00 55]200 4000 56)2.00
4 SAW CUT BITUMINOUS FULL DEPTH if 55 5400 5900 5236.00 590'J 5236.00
S MILL BITUMINOUS PAVEMENT SY 25 5900 0.00 5000 0.00 5000
6 9RUMWOU65YREEY PATCH 9Y 40 515 G0 9800 SidS80 40.00 5]40.00
> CONNECT TO EXISTING SANITARY SEWER EACH 2 51'v000 2.00 5300.00 200 5300.00
0 4"PVC SERVICE PIPE SCH 40 LF 30 56000 15.00 5900.00 : 15.00 58W.00
9 TRAFFIC CONTROL
,.
_ l5 1 5]50.00 .__,.___00 9)50.00 1 100 5]50.00
10 __,__„_,-
, _
,_
4SOLIDLINE WHITE •EPO%T Lf 40 534 50 000 50.00 0.00 5000
SCHEDULE 5.0-TOTAL 552]6.00 952]6.00
S EDUCE 60• NA GE RDER9
C E ER lS 1 511992 d2 100 51199242 t00 51199242
SCHEDULE 6.0-TOTAL 911,992.42 511992.42
RID SUMMARY
SCHEDULE 1.0 - TIF BOUNDARY PREP
SCHEDULE 2.0.OUTSIDE TIF BOUNDARY AREA
SGMEOULE 3.0 - ST JUOE FUNDED WATERMAIN
SCHEDULE 0.0-GT DUDE FUNDED DRIVEWAY
GLNEOULE 6.0 - 2930 EDGERTON bT SANITARY REPLACEMENT
SCHEDULE 6.0-CHANGE ORDERS
TOTAL BID SUMMARY THIS PERIOD
TOTAL BID SUMMARY TO DATE
TOTAL THIS PERIOD TOTAL TO DATE
AMOUNT EARNED 616C,600.GJ 5304.562.23
AMOUNT RETAINED SBR34A3 519,228.H
MATERIAL ON SITE 50.00 5000
MATERIAL DEDUCT. 60.00 5000
PREVIOVS PAYMENTS ""•""•"""""""""""" $205.0]9.92
AMOUNT DUE 6156.454.20 5156,450.20
THIS PERIOD
923.4]5.54
6104,000.01
59.]]6.00
510,00]. W
$5,2]680
511,892.42
5164,600.63
TOTFI TO DATE
$164,965.94
5168,626.01
623,%52.00
610,08] O6
65,2%6.00
511,992.42
5504,66225
4
I hereby certify that all items and amounts shown by this pay estimate are
correct for the work completed to date.
CONTRACTOR: REDS'i'ONE CONSTRUCTION COMPANY, WC.
BY:
TITLE:
DATE:
Based on the ENGINEER'S on-site inspections as an experienced and qualified design
professional and on review of application for payment and the accompanying data and
schedules, the ENGINEER has determined, to the best of his knowledge and belief;
that the quantities shown by this estimate are correct and that, based on such inspections
and review, that the work has progressed to the point indicated (subject to an evaluation
of such work as a functioning Project upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, and to any qualifications stated in
his recommendation), and that payment of the amount recommended is due Contractor(s);
but by recommending any payment, the ENGINEER will not thereby he deemed to have
reviewed the means, methods, sequences, techniques, or procedures of construction
or safety precautions or programs incident thereto or that the ENGINEER has made any
examination to ascertain how or for what purpose any Contractor has used the manes
paid on account of the Contract Price, or that title to any of the work, materials, or equipment
has passed to the Owner free and clear of any lien, claims, security interests or encumbrances,
or that the Contractor(s) have completed their work exactly in accordance with the Contract
Documents.
ENGINEER: ELFERING & ASSOCIATES
BY:
•rIrLE:
DATE:
Approved by Owner/Commission
CITY OF LITTLE CANADA, MINNESOTA
BY:
TITLE:
DATE:
END
~~~~~ihc ~..ossoci.ar~s
Memorandum iGll! HORIA
TO: Little Canada Mayor and City Council Members
FROM: Lee Elfering, City Engineer
DATE: August 8, 2008
RE: SW Trunk Watermain Improvements
Change Order #1
Backaround
The attached change order addresses four changes to the construction of the above
reference project. Allfourare outlined and explained below:
As part of the Viking Drive project some of the ditch boulevard areas were filled for
easier access to the sanitary sewer manholes for cleaning. Just east of the railroad
bridge an area was filled that required an extension be added to an old hydrant for its
continued use. During the installation of the new watermain this hydrant lead was
exposed and in conflict with the new watermain. Because of the excess depth of the
hydrant we directed the contractor to remove the entire hydrant and install a new hydrant
at normal depth to minimize future impacts and costs if work on the hydrant was
necessary.
The second change modified the connection to the existing 12" watermain on the east
side of the railroad tracks just north of Viking Drive. Upon review of field valve locations
after excavation it was determined that the installation of a standard tee connection
would require water service to be shut off to alt properties south of TH 36. Due to the
business impacts it was determined that a wet tap connection should be made to allow
this line to remain in operation. The savings of the tee connection and associated
fittings are not accounted for in the change order. The valve locations as determined in
the field also resulted in the addition of a 12" valve for additional isolation ability in the
future.
The final item addressed in this change order is to compensate the Contractor for the
extra time required to locate the existing watermain on Stephanie Court. The watermain
location on the asbuilt drawing was 10 feet west of the sanitary sewer and the location
eventually found was approximately 20 feet east of the sanitary sewer.
Summary and Recommendations
Due to the conditions in the field and the requested changes additional compensation
should be provided to the Contractor. We have reviewed the time and material costs
submitted for this extra work and would recommend approval of Change Order #1 in the
amount of $11,992.42. If you have any questions or would like to discuss this issue
please feel free to call me at (763) 780-0450 ext. 13.
2:\PROJtl20702G- SW Trunk Watermain\OD7TChange Orders\Memo~0II0D08-CC (CO 1).tloc
10062 Flanders Court NE -Blaine, MN 55A49 - (763) 780-0450 fax (763) 780-0452
SECTION 00671
CHANGE ORDER
Instruction on reverse side No. 1
PROJECT: SW Trunk Watermain Improvements DATE OF ISSUANCE: August 8, 2008
OWNER: City of Little Canada OWNER's Project No.: 120102E
515 Little Canada Road East
Little Canada, MN 55117 ENGINEER: Elfering & Associates
10062 Flanders Court NE
CONTRACTOR: Redstone Construction, Inc, Blaine, MN 55449
P.O. Box 218
Mora, MN 55051
CONTRACT FOR: SW Trunk Watermain Imp. ENGINEER'S Project No.: 120102E
You are directed to make the following changes in the Contract Documents.
Description: See Attached
Purpose of Change Order: See Attached
Attachments (List documents supporting change): See Attached
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
Substantial Completion: September 1, 2008
$ 638,321.19 Final Completion:
Previous Change Orders No. _ to No. _ Net change from previous Change Orders
$ 0.00 0 Days
Contract Price prior to this Change Order ~ Contract Time prior to this Change Order
Substantial Completion: September 1, 2008
$ 638,321.19 Final Completion: 90 days or 9/15/08
Netlncrease(neerease)ofthis Change Order Netlncrease(Decrease) of this Change Order
N/A days for Substantial Completion
$ 11,992.42 N/A days for Finai Com letion
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
Substantial Completion: September 1, 2008
$ 650,313.61 Final Completion: 90 days or 9/15/08
RECOMMENDED: APPROVED: APPROVED:
By ey By
Elfering & Associates City of Little Canada Redstone Construction, Inc.
EJCDC No. 1970-II-8 1996 Edition
2
CHANGE ORDER #1
(Attachment)
This contract is amended as follows:
WHEREAS: It was determined by the Engineer that an existing hydrant lead and hydrant
should be removed due to conflicts with the new watermain alignment and
excessive depth of the hydrant; and
WHEREAS: It was determined by the Engineer that a wet tap of the watermain should be
completed instead of the anticipated iee connection to eliminate water shut off for
all properties south of TH 36; and
WHEREAS: It was determined by the Engineer that an additional 12" watermain valve should
be added for greater ability to isolate sections of the watermain system; and
WHEREAS: The watermain at Stephanie Court was located approximately 30 feet from the
as-built location and extra crew time was spent locating and connecting to the
existing watermain.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
1. The Contractor shall complete the above described changes and additions to the project.
2. Payment for the work was reviewed and approved by the Engineer.
3. The Contractor will not make claim of any kind or character for any other costs or
expenses that he may have incurred or that he may hereafter incur in performing the
work or furnishing the materials of this agreement.
3
CHANGE ORDFR of COST SUMMARY
PROJECT: SW TRUNK WA'lERMAIN IMPROVEM'cNTS
OWNER: CITV OP LITTLE CANADA
ITEM ITEM DESCRIPTION
N0. UNIT OTV UNIT PRICE TOTAL PRICE
(5) (S)
CHANGE ORDER #1
1 REMOVE EX. HYDRANT AND LEAD
2 WET TAP (12"x12")
3 ADDITION OF 72" VALVE & FITTINGS
3 STEPHANIE COURT ADDITIONAL TYE IN WORK
LS 1.00 $3,296. 00 $3,296 .00
LS 1.00 $3,589. 25 $3,589 .25
LS 1.00 $3,607, 77 $3,607 .17
lS 7.00 $1,500. 00 $1,500 .00
CHANGE ORDER #1 --TOTAL
$11~,-,x992.42
4
~I~RIN~ ~ ~ASSO(I~AT~S
Taut; noaru
August 8, 2008
File No. 120083E-0071
Honorable Mayor and City Council
City of Little Canada
515 Little Canada Road E.
Little Canada, MN 55117-1633
RE: 2007 RESTORATION PROJECT
PARTIAL PAY ESTIMATE #4
Dear Council Members
Please find attached 3 copies of the Partial Pay Estimate No. 4 for the above-referenced
project. As you are aware, the Contractor for the project is Quality Restoration Services,
Inc. The total amount earned by the Contractor on this partial pay estimate is
$54,756.75. Subtracting 5% retainage of $2,737.84 and previous payments of
$49,035.91, the amount due the Contractor is $2,983.00.
This pay estimate includes payment for the second application of fertilizer on the
seeding completed last year and the spreading of some additional topsoil, We have
inspected the work preformed by Quality Restoration Services and find it to be in
compliance with the plans, specifications, and contract documents. Therefore we would
recommend approval of Partial Pay Estimate No. 4 in the amount of $2,983.00.
If you have any questions regarding this issue please feel free to call.
Sincerely,
ELFERING & ASSOGIATES
...--''~.ec- ~
~~~
Lee Elfering, P.E.
City Engineer
cc: Bill Dircks, Public Works Director
Z:\PROdU20083E -2007 Street Reconstruction\0071\ResloratioMPey RequestsU.tr-080808-CC (Payment N4 Resloration).tloc
10062 FlanUers Court NE, Blaine, MN 554a9 -Phone: (763) 780-0450 - Faz: (763) 780-0452
PARTIAL PAY EBTIMATE N4
FRWA: December 6, 200]
TO: Au9NS1 L 2008
CONTRACTOR: DUALITY RESTORATION SERVICES, INC.
ADDRESS: 3086 SPRUCE STRE[T. LITTLE CANADA. MN 551 V-1061
OWNER: CITY OF LITTLE CANADA
PROJECT: 2001 RESTORATION PROJECT
COMPLETION DATE AfAOUNT OF CONTRACT
ORIGINAL: ORIGINAL: S ]1,3588p
REVISED: WITH ALTF.0.NATF.3:
ITEM ORIGINAL CONTRACT THIS PEfl1O0 TOTAL TO GATE
NO. ITEM DESCRIPTION UNIT OTT. UNIT PRICE OTT. TOTAL PRICE OTT. TOTAL PRICE
SCNEDUlE 4.0-0.ESTORARON
f 2106501 COMMON E%CAVATION P CY 5500 52500 000 I 5000 0.00 5000
2 2105.525 TOPSOIL DORROW GY 1]35.00 631.00 52.00 31 G1200 1263.00 53915300
__3__ _25]5.529 EROSION CONTROL BLANHE_Y,_CATEGORY<OLO FIREHALL SY 3100 ____ __
51.80 0.00 ~ 50.00 S6d.00 51555.20
d 25J8523 EROSION CONTROL BLANHET CATEGORY6 RLL SY 24000 Si AO 0.00 5000 68300 St 229A0
5 35]8604 S_EEOING _ SY 21000.00 50.58 000 5000 19 <6].50 511291.15
6 25]6609 SEED DED PREPARATION SY 2dOD.00 5083 0.00 3000 0.00 50.00
SCHEDULE I.O~TOTAL 51.61200 55]226]5
t SCHEDULE 2A-PDDITIONAL ITEMS
_.._.
25]5.532 FERTILIZER TYPEI SECONOAPPLICATION ____
LBS __
156000
Sf 00 _
152800
St 52800
t52fl 00 __ _
1 5152800
SCHEDULE 2.0-TOTAL 1528.00 St 528.00
BID SUM1IMARY
3LHEDULE 1.0-RESTORATION
SCHEDULE &0 -ADDITIONAL ITEMS
TOTAL BID SUtAMARY THIS PERIOD
TOTAL 810 SUMMARY TO DATE
THIS PERIOD TOTAL TO DATf.
$L612A0 653,228]5
5152800 SL528.C0
53.140.00
TOTAL TNI$PERIOD TOTAL TO DATE
AMOUNT EARNED 33,14000 554.]56.]5
AMOUNT RETAINED 5159.00 S2,]3L8o
MATERIAL ON SITE SD.00 30.00
MATERIAL DEDUCT. 50.00 $0.00
PREVIOUS PAYMENTS •"•"•'•""•"""•^""••"••' $M18.035.91
AfAOUNi DUE 52,983.00 52,903.00
254,)50.]5
2
I hereby certify that all items and amounts shown by this pay estimate are
correct for the work completed to date.
CONTRACTOR: QUALITY RESTORATION SERVICES, INC.
BY:
'I'C'I'LE:
DA'T'E:
Based on the ENGINEER'S on-site inspections as an experienced and qualified design
professional and on review of application for payment and the accompanying data and
schedules, the ENGINEER has determined, to the best of his knowledge and belief,
that the quantities shown by this estimate are correct and that, based on such inspections
and review, that the work has progressed to the point indicated (subject to an evaluation
of such work as a functioning Project upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, and to any qualifications stated in
his recwmnendation), and that payment of the amount recommended is due Contractor(s);
but by recommending any payment, the ENGINEER will not thereby be deemed to have
reviewed the means, methods, sequences, techniques, or procedures of construction
or safety precautions or programs incident thereto or that the ENGINEER has made any
examination to ascertain how or for what purpose any Contractor has used the monies
paid on account of the Contract Price, or that title to any of the work, materials, or equipment
has passed to the Owner flee and clear of any lien, claims, security interests or encumbrances,
or that the Contractor(s) have completed their work exactly in accordance with the Contract
Documents.
ENClNEER: ELFERING & ASSOCIATES
BY:
TITLE:
DATE:
Approved by Owner/Commission
CITY OF LlTTl,E CANAAA, MINNESOTA
BY:
I'I'fLE:
DATE:
END
3
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. ;fir ~` u`.: ~~.:;.,
`'~`~~.~ ry~~
o~ ~ ~~~c`z~ ~ayca~a
515 I,iUle Canada Road, Little Canada, MN 55117-L600
(651) 766-4029 / RAX: ((i51) 766-4048
www. cL little-canacla. mn. us
MEMORANDUM
TO: Maym• Blesener and Members of the City Council
RROM: Kathy Glanzer, City C-erk
DATE: August 7, 2008
lilt: Exemption from Policy for City Center Usage
,unYOa
llai 13~eseuer
COUNCIL
IL<:c Moulour
u,~hn ~ nu;~„
lobo I<els
Michael McCraw
nDMINIS'lf2n'!Y)R~
.fool R, t(anson
Section 22 of the Personnel Policy prohibits the consumption of alcohol in any City
building except during designated events as approved by the Council. (See Policy
attached.) Two exemptions are being requested from this policy.
'The Canadian Days Committee is holding their Volunteer Appreciation Party on
Tuesday, August 19'x', at the Spooner Park Shelter. In the case of inclement weather,
Canadian Days would like to move their festivities to the City Center. Should that occur,
they have requested an exemption from the Cify's Policy and are requesting permission
to serve alcohol.
City staff is also requesting anon-going exemption for the annual Holiday Party that is
held at the City Center.
SECTION 22 -ALCOHOL AND PSYCHOACTIVI; DRUG POLICY
The use of alcohol or of drugs which change the nonnal functioning of the central nervous
system by either stimulating or depressing it (Psychoactive drugs) may seriously affect an
employee's performance. They may also endanger the employee's health and safety as well as the
safety of other employees. It is therefore appropriate that guidelines be established for the
control of alcohol and drugs as they pertain to the employee and the employee's job with the City
of Little Canada.
ALCOHOL
1. Alcohol must not be consumed in any City building, office, vehicle, or on City premises,
including parking lots, except during designated events as approved by the City Council;
and no employee who is intoxicated may work or report for work.
2. Alcoholic beverages shall not be consumed anywhere during rest breaks, lunches, or other
meals if the employee is to work thereafter on the same work day.
DRUGS
1. Common unpr•escribed psychoactive drugs are LSD, marijuana, heroin, etc. Psychoactive
drugs, which maybe prescribed but present a danger if improperly used, are barbiturates,
dexedrine and similar preparations, tranquilizers, and commonly prescribed narcotics.
2. Non-prescription psychoactive drugs should not be taken by any employee at any time.
];mployees shall not be permitted to work while under the influence of psychoactive
drugs unless the drug is being used sh~ictly as prescribed by a licensed physician. Where
the use of prescribed psychoactive drug interferes with the employee's performance or
presents a health or safety hazard, the employee should betaken off that job or, with the
concurrence of the prescribing physician, changed to an alternate drug.
3. Unless a psychoactive drug is taken strictly as prescribed by a licensed physician, it may
not be kept or taken on City premises, including parking lots, or in any City vehicle or
any vehicle being used for City business.
4. No employee who is under the influence of a psychoactive drug which was not prescribed
for the employee by a licensed physician or which is not being taken strictly as
prescribed, may work or report for work nor should any person who is under the influence
of such a drug be permitted on City premises or in a City vehicle being used for City
business.
Any employee who violates this section will be subject to discipline or dismissal pursuant to
Section 18 of this policy.
40
MAYOR
Bill Blesener
~~ ~ ~ ~~~tt~ ~°ayta~a
515 Little Canada Road, Little Canada, MN 55117-1600
(651) 766-4029 /FAX: (651) 766-4048
www. ci.little-c anad a. mn. us
MEMORANDUM
TO: Mayor Blesener & Members of the City Council
FROM: Joel Hanson, City Administrator
DATE: August 8, 2008
RE: Little Canada Road Bridge
COUNCIL
Rick Montour
Barbara Atlan
Jolm Keis
Michael McGraw
ADMINISTRATOR
Joel R. [-Ianson
One of our goals has been to improve the appearance of the Little Canada Road Bridge over I-35E. We
have been working with MnDot to accomplish this objective for a number of months now. They have
indicated that installing a new railing and painting the concrete (interior and exterior to Little Canada
Road) will run us about $90,000 with MnDot contributing and additional $75,000 for total project costs
of $165,000. I mistakenly assumed that this pricing was based on the Unweave the Weave Contract's
unit pricing. I have now learned that unit pricing from that contract is not in play and the contractor is
determining totally new pricing.
Upon further discussion with MnDot staff, it appears the pricing we are being quoted could be as much
as 25% over a competitively bid project. I have asked MnDot a series of questions and a summary of
what I've learned is as follows:
• If we have the project bid, it is virtually certain the project will not be completed in 2008.
• If we go ahead with the Unweave the Weave Contractor, there is still a good chance work
may not be completed yet this year, especially if we want to achieve price reductions.
• If we have the project bid, we will have to start a new process through a cooperative
agreement. MnDot's level of cost participation is uncertain, but I hope to have a better
indication by Wednesday's meeting. There is enough time to ensure work is done in
2009.
• If we have the project bid, we may not attain any savings, depending on market
conditions. However, MnDot's bridge engineer did verify that the pricing we were
quoted is quite high.
• If we have the project bid the project, MnDot may be able to combine it with other
similar work thereby creating greater possibilities for savings. At this point in time,
MnDot does not know if there are any similar projects planned for the next construction
season.
Staff would like your direction as to how to proceed with this project. I will update this information at
Wednesday's meeting depending on what I learn from MnDot.
~~
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O ~C~CG' (~lLlZCL'~CC
515 LiCne Canada Road. Little Canada, MN 55117-1600
(651] 766-4029 / ('AX: (651) 766-4048
www. ci.little-canada. mn. u s
MEMORANDUM
TO: Mayor Blesener &e Members of the City Council
FROM: Joel Hanson, City Administrator
DATi;: August 8, 2008
RG: Terrace Heights Real )state Swap Agreement
MAYO12
Hill nlesrncr
COUNCIL
I2~clc Montmu'
Hari>:,,~.~ An.n,
John [Scis
Mlcha<:1 McCraw
ADMINIST BATOR
Jarl R. 4{an SOn
Attached is a draft of the proposed Real Estate Swap Agreement with Terrace Heights Mobile Home
Park, Inc. needed to accomplish the addition of a second left turn lane on County Road B2. The City
Attorney has reviewed and modified the document. It still needs to be reviewed by Terrace I-Ieights.
The lcey provisions areas follows:
- We need to acquire the property at 2404 Rice and 93 County Road B2 (see Exhibit A).
- If the City cannot acquire the two parcels, we can terminate the deal. We must then reimburse
'terrace I-Ieights for title, survey, and other fees expended in reliance of this contract.
- This transaction will close within 180 days of our acquisition of the above referenced parcels.
- The property is being conveyed "AS IS" by each party. However, each party may also make
determinations of environmental conditions as a condition precedent.
Terrace Heights must be able to obtain approval for the six replacement sites or they can
terminate the deal.
- We agree to attempt to acquire the units on Lots A, B, C, & D. (We have already acquired D.)
We will not pay lot rent for the units acquired unless we rent them out.
- We are responsible for demolition moving of the structures on the property we acquire and the
personal property on Lots A, B, C, and D.
- Terrace Heights will move the unit we acquired on Lot D to another site in the park at our cost,
based on at least two quotations for the work to be undertaken.
- Terrace Heights is responsible for all costs in pr•epar•ing the new sites.
- We will not assess Terrace I-Ieights for the water main we ultimately construct along County
Road B2, but they will be charged for any water services installed for the new sites.
- We are also agreeing to pave Park Street within Terrace I-Ieights at the time we improve B2. We
will also be installing a water main within the park to improve fire protection. These costs will
be assessed to Terrace Heights.
- Lastly, we will attempt to finalize the vacation of Park Street in a manner that results in that
street being controlled by Terrace Heights.
Subject to final discussions with Terrace Heights, staff recommends approval of this agreement.
LITTLE CANADA, MINNESOTA
2442 Rice Street
REAL ESTATE SWAP CONTRACT
THIS REAL ESTATE SWAP CONTRACT ("Contract"), dated August _, 2008 is between
the CITY OF LITTLE CANADA, a Minnesota municipal corporation ("City"), and TERRACE
HEIGHTS MOBILE WOME PARK, INC. a Minnesota Corporation ("Terrace Heights").
WHEREAS, City desires to acquire the parcels of land as depicted in Exhibit A that are
located at 2404 Rice Street and 93 Gounty Road 82 West in Little Canada, Ramsey County,
Minnesota and owned by Continental Baking Company, Inc.; and
WHEREAS, Terrace Heights currently owns the underlying rea( estate located at 2442 Rice
Street, Little Canada, County of Ramsey, Minnesota more particularly described as Lots A, B,
C, and D and as depicted on Exhibit B; and
WHEREAS, City desires to provide a route for looping a water main along County Road B2
to tie into Rice Street and add an additional left turn Zane from County Road B2 on to Rice Street
that also necessitates the relocation of sidewalk and the addition of landscaping amenities; and
WHEREAS, a portion of Lots A, 8, C, and D is needed from Terrace Heights to accomplish
the addition of the water main loop, a left turn lane, and landscaping amenities; and
WHEREAS, Terrace Heights is willing to exchange land with the City to allow the
construction desired by the City while also enabling the reconfiguration of mobile home lots
within Terrace Heights to preserve lot income generation capabilities; and
WHEREAS, based upon the depiction of Exhibit C, City has agreed to convey Parcel "1" to
the Terrace Heights and Terrace Heights has agreed to convey Parcel "2" to City, subject to the
terms and provisions of this Contract.
NOW, THEREFORE, in consideration of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, the parties agree as
follows:
1. Conveyance: Subject to the legal constraints, City agrees to convey to Terrace
Heights, and Terrace Heights agrees to acquire from City Parcel 1 with appurtenant easements,
if any. Subject to and simultaneously with City's conveyance of Parcel 1, Terrace Heights
agrees to convey to City, and City agrees to acquire from Terrace Heights Parcel 2 with
appurtenant easements, if any. The exact legal description of the Parcels will be substituted for
the descriptions attached in accordance with the surveys obtained by the parties hereto. THE
PARCELS ARE SOLD TO AND ACCEPTED BY EACH PARTY "AS IS" AND "WHERE IS",
WITH ALL FAULTS, IF ANY, AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS
OR IMPLIED.
2. Price: Terrace Heights shall pay as additional consideration to City the sum of $10.00 in
cash at Closing.
S:\HO\Depl\Lega~USLEGAL1Central DivisionlMidwest\0220071 {Lillie Canada)\Contract (revised 02.14.07}doc
-1-
2
3. Deed and Other Documents: City and Terrace Heights shall convey marketable and
insurable title to the Parcels by quitclaim deed, with a release of dower, curtsey, homestead and
other spouse's rights, at the respective grantor's sole cost, subject only to current real estate
taxes, not delinquent, and covenants, conditions, easements, encumbrances and restrictions
approved by the respective grantee in writing.
4. Title Insurance: The parties shall each order a title commitment on their respective
Parcel for an ALTA Form B Owner's policy, with extended coverage, or a comparable form, from
Land Title Insurance Company, in the amounts to be determined by each party, covering the
date hereof (including any endorsements that City deems necessary). If either title commitment
discloses any defects in title (other than liens or encumbrances of a definite or ascertainable
amount which may be paid at closing), the respective property owner shall make a good faith
effort to cure such defects. If such defects are not cured within 180 days, the notifying party
may terminate this Contract or may chose, at its election, to cure defects or take the title as it
then is. All costs related to the issuance of the title policy, including title examination fees and
premiums, for the Parcel acquired by each party shall be paid for by that party. In addition, all
costs associated with curing title defects shall be borne by the party in possession prior to the
transfer of property contemplated by this agreement.
5. Conditions Precedent: This Contract is conditioned upon both parties confirming as to
the Parcel being acquired by each that:
(a) Environmental Condition: a determination, in each party's sole discretion, that there is
no contamination or other adverse environmental conditions that will affect the utilization of
Parcel 1 or 2 or would cause additional costs to be incurred by each respective party;
(b) Survey: a survey showing that the dimensions of the Parcels 1 and 2 comply with this
Contract and that there are no encroachments or interfering easements or conditions. Each
party shall allow the other to enter upon the respective Parcel to be conveyed after City has
established an ownership interesi in 2404 Rice Street and 93 County Road 62 West to
make tests, obtain a survey and perform soil tests, as deemed necessary. City and Terrace
Heights covenant to act in good faith and use due diligence to satisfy all conditions for which
they are responsible, and neither party shall have the right to terminate this Contract unless
it has so performed.
{c) Approvals: Terrace Heights procuring the approval of all public and governmental
authorities as to all matters relating to zoning, special use permits, utility extensicns, or
similar approvals, and obtaining all necessary building permits, licenses and approvals, of
any type, for the establishment of up to six (6) mobile home lot sites as depicted on Exhibit
C. If approvals are not obtained after making agood-faith effort, Terrace Heights may
terminate this Gontract.
(d) City's Title: Terrace Heights and City acknowledge that City does not have fee simple
title to Parcel 1 as of the date of this Contract. City agrees to take all necessary action to
acquire title to Parcel 1 and meet its obligations under this Contract. If, after making a good
faith effort to obtain title, City is unable to perform, City may terminate this Contract and
agrees to reimburse Terrace Heights for all title, survey, engineering, architectural, legal and
other fees incurred by Terrace Heights in reliance on this Contract.
S:\HO\Dept\Legai\USLEGAL\Cenlral Division\Mitlwesl1022~0071 {Little Canada)\COntrac( (revisetl 02.14.07).doc
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(e) City's Acquisition of Personal Property: The City will attempt to acquire the personal
property existing upon Lots A, B, C, & D in a manner and timeline determined at the City's
sole discretion; subject to the terms of this Contract. If, after making a good faith effort to
obtain the personal property, City is unable to perform, City may terminate this Contract, or
may extend the deadline for performance to permit notice of partial park closure pursuant to
Minnesota Statutes, § 327C.095. Terrace Heights agrees, that as City acquires said
personal property, no rent or other payment shall due from City to Terrace Heights for the
loss of income associated with the discontinued occupancy of Lots A, B, C, and D. It is
further understood, that should City rent the personal property prior to removal or demolition
on Lots A, B, C, & D, then City shall be responsible for lot rent associated with the
respective mobile home unit.
6. Possession and Demolition: The parties shall deliver sole and actual possession of
their respective Parcels to the other party, free and clear of all tenancies and parties in
possession on the closing date with the understanding that the City will be responsible for the
acquisition and removal or demolition of personal property existing upon Lots A, B, C, and D at
2442 Rice Street. The City further covenants to demolish and remove from Parcel 1 all signs,
encroachments, and existing improvements, including foundations and underground tanks, if
any, within 180 days after acquisition.
7. Closing and Taxes: This transaction shall be closed on or before 180 days after City's
acquisition of real estate located at 2442 Rice Street and 93 County Road B2 West in Little
Canada with the specific date to be determined by mutual agreement of both parties to this
agreement. All current real estate taxes are to be prorated as of the date of closing, and if the
amount of such taxes is not then ascertainable, the prorating shall be done on the basis of the
amount of the most recent ascertainable taxes. All transfer and conveyance taxes or
documentary stamps and special real estate taxes and assessments shall be divided equally
between the parties. The party receiving title to the Parcel shall pay for the cost of recording the
documents called for in this Contract. The cost of the escrow, if any, shall be divided equally
between the parties.
8. Time of the Essence: Time is of the essence of this Contract, but any defaulting party
shall have 10 days after receipt of written notice of a default to cure before the other party may
terminate or exercise other remedies under this Contract.
9. Notices: All notices, waivers and demands shall be in writing and shall be sent by
United States Certified Mail or overnight carrier with written delivery confirmation to City at City
of Little Canada, 515 Little Canada Road East, Little Canada, Minnesota 55117, Attention: City
Administrator or to Terrace Heights at 2442 Rice Street, Little Canada, Minnesota 55113,
Attention: Randy Graczyk.
10. Conflicts of Interest: City and any party executing this Contract on behalf of City
(collectively called "City") represents that, to the best of City's knowledge, no person or entity
connected directly or indirectly with City is an agent, employee, servant, supplier, licensee or
officer of Terrace Heights or any subsidiary or affiliate of Terrace Heights.
11. Covenants: All of the covenants, warranties, representations and agreements in this
Contract shall survive closing and shall run with the land and extend to and be binding upon the
heirs, executors, administrators, successors and assigns of the respective parties. Each party
S1H0\Depl\Legal\USLEGAL\CeNral Division\Mitlwest\022-007i (Little Canada)\COniract (revised 02.t A.07).doc
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has inspected the other's parcel and agrees to take title to the other's parcel "as is", without
warranty or representation of any kind, by the party or any agent of the party, either express or
implied, as to its condition or fitness for use which is not expressly stated in this Contract.
12. Integration: All negotiations, considerations, representations and understandings
between the parties are incorporated in this document.
13. Authority to Sign: The parties executing this Contract on behalf of City and Terrace
Heights represent that they have authority and power to sign this Contract on behalf of City and
Terrace Heights.
14. Additional Agreements Relating to the Transaction:
a) Relocation of Mobile Home from Lot D: Upon acquisition by City of the mobile
home and related personal property located on Lot D, Terrace Heights shall assist in the
relocation of said mobile home and related personal property to another suitable site within the
Terrace Heights Mobile Home Park, as determined in the sole discretion of Terrace Heights.
Terrace Heights shall obtain at least two quotes for said relocation and provide documentation
of same to City. City shall be responsible for all costs associated with said relocation, other
than lot rent for new location. Terrace Heights agrees not to impose any lot rental charges upon
City until City either sells or rents the mobile home to another party.
b) pevelopment Costs for Six Mobile Home Sites: Terrace Heights shall be
responsible for all costs associated with preparing the six mobile home sites to be created as a
result of this Contract for occupancy. Said costs shall include, but not be limited to grading,
drainage, water, sanitary sewer, roads, electricity, gas, phone, cable TV. Terrace Heights also
agrees that it shall not undertake any site preparation that conflicts with City's work as described
in Exhibit D, based upon the City's sole determination. If any City utility is used to serve the
lots, Terrace Heights shall be the associated costs of connection, including any special
assessment or equivalent charge.
c) Future Garage Extension: Subject to local zoning codes in effect at the time of
application, City acknowledges the right of Terrace Heights, should they so determine, to apply
for a conditional use permit/variance to extend the existing garage onto lots 18, 19, and 20, or
any part thereof. City will give said application all due consideration but can not limit its
legislative authority or bind future City Council as to the final outcome of a decision.
15. Brokers: The parties to this Contract represent to each other that they have not dealt
with any real estate agent, broker, finder or any other entity which is or may be entitled to a
commission as a result of this transaction. Any party making a misrepresentation under this
clause shall hold the other party harmless from any losses, costs, or expenses, including
reasonable attorneys' fees and court costs, arising out of such breach. Notice of any claim
under this provision must be given to the other party within 30 days from the date a request for a
commission is made. The indemnifying party will have the right to defend and settle any claim.
16. Addenda and Exhibits: This Contract includes the following Addenda and/or Exhibits,
which shall take precedence over conflicting provisions (if any), of this Contract, and are made
an integral part of this Contract and fully incorporated by reference:
S:\HO\Deptllegal\USLEGAL\Central Division\Midwes6022-0071 {little Canada}\Contracl (revised 02.14.07)AOc
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Exhibit A: Aerial Depiction of Land City Will Attempt To Acquire From Continental Baking
Company, Inc.
Exhibit B: Aerial Depiction of Lots A, B, C, and D; 2442 Rice Street
Exhibit C: Aerial Depiction of Parcels 1 & 2 to Conveyed and Preliminary Site Development
Plan
Exhibit D: City's Work Rider
17. Voluntary Sale: Terrace Heights acknowledges this transaction is occurring on a
voluntary basis. Terrace Heights agrees that no person(s) will be displaced or relocated as a
result of any purchase by the City. Terrace Heights waives any rights they may have under the
Uniform Relocation Act of 1970, and the regulation adopted pursuant thereto by the United
States Department of Housing and Urban Development, and any applicable Minnesota law
relating to relocation.
CITY AND TERRACE HEIGHTS, by their execution below, indicate their consent to the
terms of this Contract.
CITY OF LITTLE CANADA TERRACE HEIGHTS, INC.
a Minnesota Corporation
By:
Its:
Manor
By:
Its:
By:
Its: City Administrator
Date: Date:
City's Tax Identification Number
(FORM W-9 ATTACHED FOR EXECUTION)
S:\HO10ept\Legal\tJSLEGAL1Central Division\Nitlwest\022-0077 {Little Canada)\Conlract (revised 02.1 A.07).doc
-5-
6
ACKNOWLEDGMENT -TERRACE HEIGHTS
(No Attestation required)
STATE OF MINNESOTA )
SS:
COUNTY OF RAMSEY )
I, , a Notary Public in and for the county and state aforesaid, DO
HEREBY CERTIFY that , as
of Terrace Heights Mobile Home Park, Inc., a Minnesota corporation, who is personally known
to me to be the same person whose name is subscribed to the foregoing instrument as such
authorized party appeared before me this day in person and acknowledged that he/she signed,
sealed and delivered the said instrument as his/her free and voluntary act as such authorized
party and as the free and voluntary act of said corporation for the uses and purposes therein set
forth.
Given under my hand and notarial seal, this day of , 2008.
My commission expires
Notary Public
ACKNOWLEDGMENT
STATE OF MINNESOTA )
SS:
COUNTY OF RAMSEY )
I, , a Notary Public in and for the county
and state aforesaid, DO HEREBY CERTIFY that William Blesener, as Mayor and Joel R.
Hanson, as City Administrator of the City of Little Canada, a Minnesota municipal corporation,
who are personally known to me to be the persons whose names are subscribed to the
foregoing instrument as such authorized parties appeared before me this day in person and
acknowledged that they signed, sealed and delivered the said instrument as their free and
voluntary act as such authorized parties and as the free and voluntary act of said corporation for
the uses and purposes therein set forth.
Given under my hand and notarial seal, this day of , 2008.
My commission expires
Notary Public
H:\JOe1N\Oevelopmenl Agreements\Terrace Heights Real Estate Swap Contract- rival Draft • B.OS.OB.doc
7
EXHIBIT A
EXHIBIT B
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EXHIBIT D
CITY'S WORK RIDER
This City's Work Rider ("Rider") is attached and forms a part of the Real Estate Swap
Contract ("Contract") dated August _, 2008 between the CITY OF LITTLE CANADA, a
Minnesota municipal corporation ("City") and TERRACE HEIGHTS MOBILE HOME PARK,
INC., a Delaware limited liability company ("Terrace Heights"). The City and Terrace Heights
agree as follows:
1. City promises to perform the following work, in addition to any other work to be
completed by the City under this Contract, hereafter referred to as "City's Work":
• City agrees to design and construct a water main loop and an additional left turn lane on
County Road B2 east of Rice Street, including but not limited to curbs, gutters, storm
sewer, and landscape amenities, in accordance with all applicable codes, ordinances
and regulations, and in that location and manner as approximated on Exhibit C.
City further promises to (a) pay all costs to complete City's Work; (b) perform all work in a good
workmanlike manner; and (c) obtain all necessary permits and governmental approvals to
perform City's Work. Terrace Heights shall not be subject to special assessments to levied
pursuant to Minnesota Statutes Chapter 429, if any, for the work defined in Provision #1 of this
agreement.
2. Subject to City acquisition of properties located at 2404 Rice Street and 93 County Road
82 West in Little Canada or other unavoidable delays, City's Work shall be completed within 24
months of acquisition of said properties.
3. As part of the construction of the improvements contemplated herein and, City shall also
provide an alternate to its construction project to provide for the repaving of Park Street from
County Road B2 to Transit within Terrace Heights. Said work shall specially assessed to
Terrace Heights at 100% of all costs incurred by City in making said improvement to Park Street
including, but not necessarily limited to engineering, inspection, and administration for a ten (10)
year term. The interest rate to be applied to the special assessment shall be at a rate to be
determined by the City in its sole discretion, and based upon interest rates in effect at the time
of the work to be undertaken. Said alternate is also subject to the execution of a Waiver of
Right to Appeal Special Assessments to be executed by Terrace Heights. Terrace Heights
shall, prior to the award of the bid for the work contemplated, have the right to determine if it
wants to proceed with the alternate work. Said decision must be made within five (5} days of
receipt of bids by City.
H:\JOe1HlDevelopment Agreements\Terrace Heights Real Estate Swap Contract -Final Draft • S.OB.OS.doc
11
4. In conjunction with the work referenced in Item #3 above, City shall extend water main
from County Road 62, northerly into Terrace Heights along Park Street in a manner that
minimizes any disruption to the existing paved surface. Said extension shall terminate at a
location to be determined by Terrace Heights at the time of construction, but it is anticipated that
the extension shall go at least as far as Transit Avenue. It is further understood that Terrace
Heights shall pay the costs associated with said extension as a special assessment spread over
a ten (10) year term. The interest rate to be applied to the special assessment shall be at a
rate to be determined by the City in its sole discretion, and based upon interest rates in effect at
the time of the work to be undertaken.
5. Temporary Construction Easement: Terrace Heights also grants to City a temporary
construction easement for the purpose of constructing the roadway and related improvements,
including landscaping, in accordance with the terms of this Rider. The temporary construction
easement shall terminate at such time as these improvements are complete.
6. Subject to the cooperation of Independent School District #623, City shall also endeavor
to complete the vacation of Park Street between County Road B2 and Transit in a manner that
assures that Park Street will be owned by Terrace Heights. Terrace Heights shall also bear no
costs associated with any new fencing that may required by I.S.D. #623.
City's Initials Terrace Heights Initials
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12
VG~CL
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o e ayraa~a
516 little Canada Road, Little Canada, MN 55117-1600
(651) 766-4029 /FAX: (651) 766-4048
www. ci.litf le-canada. mn. us
M)/MORANDUM
'I'O: Mayor Blesener and Members of the City Council
FROM: Jessica Jagoe, Code Cnfm•cement Officer
DATE: August 7, 2008
RC: 990 County 12oad D )cast - Nuisance Abatement
MAYOR
Lilli 13lcscner
COUNCIL
Ricl< Mon(vur
I#u~bara Allan
John I<cis
Michael McGraw
ADMINIS(I2li'I'OR
Jael R. 4lanson
City staff has received several complaints relative to grass nuisance at 990 County Road
D East. Notices have been sent to the property owner. A final notice was mailed on
August 1, 2008 requesting that the violation be corrected by'I'uesday, August 12, 2008.
will do an inspection prior to Wednesday's Council meeting to verify compliance. If he
violation is not corrected, I will have a memo in the additions requesting approval for
staff to proceed with abatement of the nuisance violation.
VG~C~
1
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' ~ ~tt~e ~°ana~~a
515 Little Canada Road, Little Canada, MN 55117-1600
(651) 766-4029 / 1•AX: (651) 766-4048
www. ci.llttle-c anal a. mn. u s
August 1, 2008
Neng Yang
918 Westminster Street
St. Paul, MN 55130
Neng Yang
990 County Road D East
Little Canada, MN 55109
Re: NOTICE OF VIOLATION & ABATEMENT
Dear Property Owner:
MAYOR
Hill nlesener
COUNCIL
flick Montour
narbara Nian
John 3{eis
Michael McGraw
ADMINISTRATI~R
Joel R. Hanson
The City of Little Canada has received several complaints regarding the
maintenance of your property at 990 Cou~aty_Itoad.U,,East,~~ased upon an onsite
inspection conducted on July 29, 2008, it was noted that the grass is a nuisance as defined
by Little Canada Code Section 601.030.h.
The City is posting this "Notice of Intent to Abate" requesting corrective action
betaken immediately to address the grass nuisance violation at once. If corrections are
not completed by 7:00 n.rn. on Tuesday, August T2, 2008 the City will take steps to
abate the nuisance pursuant to Section 601.080 of the Little Canada City Code. (Copy
attached.) If you have not mowed the grass (front and rear yard), trim the weeds along
the house/fence/and pool, plus removed the clippings by this date, the City Council will
be asked to authorize the abatement at their meeting of August 13, 2008. If so ordered,
all costs of the abatement together with an administrative fee of not more than $25 of the
abatement costs, but not less than $50.00 will be assessed to your property taxes.
Should you have any comments or questions regarding this matter, please do not
hesitate to call me at 766-4046. We look forward to your resolution of this matter.
Officer
~L~~RIN6 ~ ~SSO(I~AT~S
caul: Hoaru
Memo
TO: Honorable Mayor and City Council Members
FROM: Lee Elfering, City Engineer
DATE: August 7, 2008
RE: Condit Street Reconstruction Project
As directed at the July 9, 2008 City Council meeting, we are obtaining bids for the
reconstruction of Condit Street from South Owasso to Nadeau Road. Bids are to be
received by 11:00 a.m., August 13, 2008 and we will provide an update to the council
agenda packet on an award recommendation based on the bid results.
The City Council should be aware that the City is in the process of acquiring additional
right-of-way necessary for the project from two properky owners along Condit Street.
Any recommendation of award will be contingent on the successful completion of the
acquisitions.
If you have any questions please call me at (763) 780-0450 extension 13.
10062 Flanders Court NE -Blaine, MN 55449 - Ph: (763) 780-0450 Fax (763) 780-0452
Memo-080708-CC (Pre-award)