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HomeMy WebLinkAbout10-27-2004 AdditionsADDITIONS TO AGENDA WEDNESDAY, OCTOBER 27, 2004 OLD BUSINESS: CUP for Garage — 2727 Lakeshore Avenue — Memo from Building Official Correspondence Page 1. 2. Valor Enterprises — Letter from Code Enforcement Officer Correspondence Page 2. Gervais Hills — Revisions to Grading Permit Agreement Correspondence Pages 3 through 4. Precision Tree — Tentative Site Plan Revisions Correspondence Pages 5 through 6. NEW BUSINESS: Historical Society - $10,000 Donation Assessment Deferrments Senior Citizen Deferrments Virginia Fisher, 3275 Twin Lake Road - $12,329.29 John & Jana Keena, 60 Twin Lake Blvd. - $6,977.48 Development Deferral John & Jana Keena, 60 Twin Lake Blvd. - $13,954.96 Correspondence Pages 7 through 9. Right of Entry for RAB, LLC. Correspondence Pages 10 through 12. Kathy Glanzer From: Steve Westerhaus Sent: Wednesday, October 27, 2004 11:28 AM To: Kathy Glanzer Subject: 2727 Lakeshore Ave Kathy, All that has been approved at this time is the 26 X 38, 988 square foot garage slab. The owner has oversized the slab to 26 X 48, 1248 square feet in anticipation of the Conditional Use Permit approval. The oversized slab has also been inspected for setbacks and building code compliance. In order to get ahead of the upcoming winter he wanted to have the concrete poured and to cure. The owner indicated that if approval for the additional size over the allowable 1000 square feet was turned down he would turn the back portion of the slab into a dog kennel. On my inspection today, cement blocks have been laid to support the framing. The blocks would indicate a building size of 26 X 43, 1118 square feet. No permit has been issued for the construction of any building at this time. Stephen Westerhaus Building Official Little Canada /Falcon Heights Office- 651 - 766 -4043 Fax- 651 - 766 -4048 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 www.ci.little- canada.mn.us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Jessica Jagoe, Code Enforcement Officer DATE: October 26, 2004 RE: Valor Enterprises MAYOR Michael 1. Fahey COUNCIL Jim LaValle Matt Anderson Rick Montour 13111 I3lesener ADMINISTRATOR Joel R. Hanson Yesterday I conducted a site inspection of Valor Enterprises to verify if compliance has been met for their Conditional Use Permit. It was noted that Fred Sedaghat had the appropriate number of cars in both designated areas. Valor Enterprises has brought the total number of cars down to fifty total cars. Thirty were in the sales lot and twenty were in the repairable portion of the rear yard as specified by the previously issued CUP. The cars were neatly organized and clutter free. He had removed the junk and debris that had previously been stored along side the building. The thirty required parking spaces was being occupied by two employee cars and one customer pick up. The cars were parked appropriately. Along with that, it should be noted that it was evident that the drainage problem in the rear portion of the property has not been corrected. Mr. Sedaghat has established Class V surfacing in the past, but given the drainage it has not lasted. The property owner is still responsible to continue to find a solution for the drainage and be able to maintain the surfacing in the future. Given the efforts that Valor Enterprises has made and their continued cooperation in bring the site into compliance, staff recommends approval of their auto repair and sales licenses. With the recommendation that Valor Enterprises is still responsible to correct the drainage and establish the appropriate surfacing in the rear portion of the property. Gervais Hill Grading Permit Agreement components in compliance with this Agreement, and compliance with the terms and conditions of approval of the Gervais Hills Preliminary Plat as delineated by City Resolution Number 2004- 9 -223 and RWMWD Permit #04 -44. Said surety shall be immediately available for City's use to complete part or all of the construction in a timely and satisfactory manner, as determined in the sole discretion of City. Said surety shall remain in full force and effect until completion and acceptance of the Grading and Drainage Improvements based on the sole determination of City. 8. The Developer agrees that the terms of the financial security shall be deemed to have been violated if the Developer fails to perform aater notice and a reasonable oppor%uniev to cure.. except in case of emeruency, any of the terms of this Contract in the manner required by the City. Determination of a violation of the terms of the Contract shall be in the sole but rra sonable discretion of the City. The financial security shall be immediately available for use by the City to complete part or all of the Grading and Drainage Improvements in the event this agreement is breached or the Grading and Drainage Improvements are not completed acc.ordine to the plan and prior to ne- later= -than November 2.'1. 2004 (unless extended by the City due to eireumstances beyond the control of Developer) in ass-- teeeptable -Pw timely n a— k3-Red ary &del minmietaidilmiseietidMecettiotamitilme(itility, The City shall have the right to enter upon the property to inspect work or complete all or a portion of the Grading and Drainage Improvements as necessary. In the event the City does any such work, the City may, in addition to its other remedies, assess its costs in whole or in part. Engineering 9. Developer or their agents or assigns, shall keep the public streets clear of any soil, earth or debris resulting from work done by Developer or their agents or assigns. Any such materials must be promptly removed and in no event shall it be present more than 24 hours after placement. Failure to comply with this provision will result in the City undertaking this work with costs to be reimbursed by Developer pursuant to Paragraph #8. 10. Developer shall instruct its engineer to provide adequate field inspection personnel to ensure the grading is constructed in accordance with approved plans and specifications. In -4_ Gervais Hill Grading Permit Agreement addition, the City's Engineer, at Developer's expense, shall also inspect the construction of Grading and Drainage Improvements for the purpose of certifying the same and recommending acceptance by City. Developer shall also complete any construction staking for the project at Developer's expense. Grading and Drainage Improvements 11. The Grading and Drainage Improvements include: site excavation, installation of storm water retention ponds, installation of storm sewer piping to allow for the proper functioning of said storm water retention ponds, turf establishment by seeding, planting of the storm water pond banks with species to be determined by the City in consultation with RWMWD, and retaining walls as needed to provide stability to grades within the proposed development. All such improvements shall be completed on or before November 24, 2004, at Developer's expense. The deadline for c.omplct:ion may be extended due to circumstances beyond Developer's COM 1"01. Easements 12. Developer shall acquire and dedicate easements as necessary for the construction and maintenance of the Grading and Drainage Improvements. Developer shall pay all costs relating to the acquisition of the necessary easements, including attorney's fees, costs, appraisals, the cost of the necessary property, and any other special conditions, which Developer shall negotiate with any affected property owner(s). Developer also agrees to reimburse City for any costs the City incurs associated with the acquisition of the easements including drafting, review and recording. 13. Developer shall obtain consents to any required easements as necessary. 14. Developer hereby grants City, its agents and employees, a license to enter any of Developer's property to perform all necessary work, maintenance and /or inspections deemed appropriate by the City during the construction of the Grading and Drainage Improvements. _5_ Ocotober 22, 2005 To: City of Little Canada Planning Conunission Reference: Proposed site plan for Precision Landscape and Tree, Inc. Request for Permits as noted below 50 South Owasso Blvd. e Submitting new site plan for Precision Landscape and Tree and request approval of same to include: o Chain link fencing to surrounding designated outside storage area extending 3 feet from curbing to include a 20 ft. gate on the southwest side of curbing. o Request permit for installation of same o Requesting two additional parking space on the north side of the facility o Chain link fencing along right of way to the waterworks area on far south side of the property as designated in a contract with the Waterworks Department. Fence to be installed late spring /early sunnner of 2005. o Depositing of grass seed to designated green space areas. Seed has already been spread. Will monitor growth of same next spring and early summer to determine if additional seeding is required. o Requesting a permit for outdoor wood burning heat system once emissions levels are acceptable and in compliance with URL code. APPLICATION FOR DEVELOPMENT DEFERRAL OF SPECIAL ASSESSMENTS Date: �C7 �Lj CL\ I, Noy, , Fh�: � P C) W \� �MX RAJA , owner of the property at , Property ID No. ;53/ 3c1( 2) 3 /CCOV/ hereby request deferral of special assessment against that portion of my property considered to be a developable lot. I understand that, if approved, the assessment would be deferred until such time as the property is subdivided. I also understand that interest at the rate of % would accrue on the unpaid principal balance until that time. Sincerely, Approved by the City Council on Amount of Assessment Deferred FIRST AMENDMENT to RIGHT OF ENTRY AGREEMENT THIS AMENDMENT is being to the Right of Entry agreement originally dated October 22, 2003, by and between the City of Little Canada, the City of Little Canada, a municipal corporation under the laws of Minnesota (the "City "), and RAB, LLC, a Minnesota limited liability company (the "Developer "). A. The City is the owner of the real property depicted on Exhibit A attached hereto and labeled as "City Property ". The Developer and City have previously entered into a Development Agreement dated July 28, 1999, for the Property. Developer currently is in default of this Development Agreement. The Developer and City are negotiating an amendment to the Development Agreement pursuant to which the City would convey the Property to the Developer and the Developer would agree to construct approximately 16,000 square feet of office space and related improvements on the Property within prescribed timelines and with appropriate sureties. D. The Developer desires to enter onto the Property for purposes of preparing the site to facilitate construction of a 16,000 square foot office building in order to expedite construction and avoid seasonal construction delays. Said work may include grading, excavation, filling, installation of base material for the new building minor extensions of the water, sanitary sewer, and storm drainage service lines, and paving. Footing installation will also be allowed subject to zoning approval for the new building and the issuance of a building permit by Little Canada's Building Official. The City has agreed to allow Developer to enter onto the Property for the purposes described herein in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consideration set forth in the Agreement, the City and Developer hereby agree as follows: 1. Right of Entry. The City hereby grants Developer, its employees, agents and contractors (collectively, the "Developer Authorized Parties ") a license to enter upon the Property to conduct and perform the Permitted Activities conducted on the Property. Developer hereby agrees that Developer is proceeding with the Permitted Activities at the Developer's risk without reimbursement or compensation from the City. The City agrees that the Developer Authorized Parties may enter upon the Property to perform the Permitted Activities upon execution of this Agreement and may have access to the Property for such purposes under this Agreement through the earlier of (i) the date of the conveyance of the Property to Developer, or (ii) January 15, 2005. 2. Release, Defense, and Indemnification Covenants. Developer releases the City, and its respective council members, officers, agents, servants and employees (collectively, the "City Parties ") from any claims for loss or damage to property or any injury to or death of any person arising out of or relating to Developer's presence on the Property pursuant to this Agreement or Developer's exercise of its rights or performance of its obligations under this Agreement. Developer agrees to defend the City Parties from and against any claims including, but not limited to, claims for loss or damage to property, claims for any injury to or death of any person, mechanic's lien claims or claims or enforcement actions under any environmental state, law or regulation, arising out of or relating to Developer's or Developer's agents or employees presence on the Property pursuant to this Agreement or Developer's exercise of its rights or performance of its obligations under this Agreement. Developer agrees to indemnify the City Parties from any liability, cost or expense arising out of or relating to Developer's presence on the Property pursuant to the terms of this Agreement or Developer's exercise of its right or performance of its obligations under this Agreement, except for liability, cost or expenses arising out of the City Parties' negligence or intentional misconduct. 3. Liens. Developer shall not permit any mechanics', materialmens' or other liens to stand against the Property or any part thereof for work or materials furnished to Developer in connection with the right of entry granted pursuant to this Agreement and Developer agrees to indemnify, defend and hold harmless the City Parties from and against the same. 4. Insurance. The Developer must provide the City with a certificate of insurance evidencing that Developer has obtained and is maintaining occurrence based comprehensive general liability insurance (including contractual liability insurance) insuring against claims for death, bodily injury and property damage in coverage amounts not less that $1,000,000 per occurrence and $3,000,000 in aggregate pursuant to a policy or policies which name the City as additional insured party. 5. Restoration. If the City has not conveyed the Property to the Developer on or before January 15, 2004, the Developer must fill any holes or excavations, compact the fill, grade the Property to a consistent grade based on adjoining properties with said grading to be approved by the City prior to the commencement of any restoration activity, and seed the Property in accordance with any requirements imposed by the Washington/Ramsey Watershed District. The restoration activities described in this Section shall be completed by May 31, 2005. To guarantee compliance with this provision, Developer shall deposit $10,000 with the City. Should Developer fail to comply with the terms of this agreement, said deposit shall be forfeited and City will take whatever actions it deems appropriate to restore site to an appropriate condition. 6. Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the State of Minnesota. 7. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 8. Termination. This Agreement terminates upon the City's conveyance of the Property to the Developer or, if the Property is not conveyed to the Developer on or before January 15, 2005, upon the Developer's completion of the restoration activities described in Section 5, except for the provisions of Section 2 which shall survive termination of this Agreement with respect to claims, liabilities, costs or expenses arising out of or relating or circumstances occurring prior to the termination of this Agreement. 9. Developer Acknowledgements. It is hereby acknowledged by Developer that this Agreement conveys no other rights or remedies relating to Developer's existing default of the Agreement dated July 28, 1999 except as expressly noted herein and City is not waiving any rights or remedies that exist of said default. Developer further acknowledges that land use and development approvals are needed for the proposed 16,000 square foot office building and this agreement does not imply any waiver of the City's legislative power nor confer any rights to Developer that circumvent municipal, state, and federal law. SIGNATURE PAGE TO RIGHT OF ENTRY AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. RAB, LLC By Richard A. Biagini Its: President CITY OF LITTLE CANADA, MINNESOTA By Michael I. Fahey Its: Mayor By Joel R. Hanson Its: Administrator