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Home My WebLink About05-23-2001 Council AgendaAGENDA LITTLE CANADA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MAY 23, 2001 1. Call To Order — Workshop Meeting — 6:45 P.M. 2. Roll Call 3. Public Works Garage Report under separate cover. 4. Adjourn A. 1. Call To Order — Regular Meeting — City Council — 7:30 p.m. 2. Roll Call Mayor Mr. Michael I. Fahey Council Member Mrs. Beverly Scalze Council Member Mr. Jim LaValle Council Member Mr. Matt Anderson Council Member Mr. Rick Montour City Administrator Mr. Joel Hanson City Attorney Mr. Tom Sweeney Cable TV Producer Mr. Todd Holdman Deputy Clerk Mrs. Kathy Glanzer 3. Approval of the Minutes April 25, 2001 Regular Council Meeting Announcements * *This agenda is subject to change by additions and deletions. ** AGENDA CITY COUNCIL MAY 23, 2001 B. PUBLIC HEARINGS Property Division to divide one lot into Parcels 1, 2, and 3 with Parcel 1 to be combined with 2940 LaBore Road — 2966 LaBore Road — William Richie Correspondence Pages 1 through 14. Conditional Use Permit allowing construction of a 36 foot by 32 foot garage which exceeds the maximum of 1,000 square feet in size — 421 Eli Road — Jim Cossack Correspondence Pages 15 through 23. Conditional Use Permit for commercial recreation (bocce ball) at a location that serves alcoholic beverages as well as Three -Year Review of existing CUPs — Gordies' Place, 201 East Little Canada Road — Dave Cossack Gordies currently has - CUP for volleyball (6 nights per week/3 tournaments per year; 10 p.m. quitting time) CUP for book hockey (6 nights per week/ 3 tournaments per year; 10 p.m. quitting time) Correspondence Pages 24 through 34. Planned Unit Development Amendment allowing construction of a 13,770 square foot office /warehouse building — 2935 Country Drive — Dick Biagini Correspondence Pages 35 through 42. 9. Variance from the Zoning Code requirement of a 10 -foot minimum side yard setback allowing a new garage with a 5 -foot side yard setback — 2535 Stark Street — Tsgeroman Abraham Correspondence Pages 43 through 57. 2 AGENDA CITY COUNCIL MAY 23, 2001 CONSENT AGENDA 10. Approval of Gambling License and Premises Permits Renewal — Little Canada Fire Department Correspondence Pages 58 through 81. 11. Reconvene Debt Levy Reduction Committee Correspondence Pages 82 and 83. 12. Approval of Renewal of Tobacco and Liquor Licenses Correspondence Pages 84 through 86. 13. Approval of Liquor, Tobacco, and Gas Dispensing License — Food N Fuel Correspondence Pages 87 through 91. 14. Approval to Certify Delinquent Sewer/Water Bill — The Venetian Inn Correspondence Pages 92 and 93. 15. Approval of Pay Request No. 1 — County Road B and Dianna Lane Lift Stations Correspondence Pages 94 through 96. 16. Approval of the Vouchers PRESENTATIONS 17. Request for Maintenance /City Ownership of Private Streets — Pitrina Park Terrace Homeowners Association Correspondence Pages 97 through 124. 3 AGENDA CITY COUNCIL MAY 23, 2001 E. STAFF & CONSULTANT REPORTS 18. City Attorney 19. City Planner 20. City Administrator a. Workshop with Ramsey /Washington Watershed District — Sculley Property Area Correspondence Page 125. F. DEPARTMENT REPORTS 2L Economic Development 22. Public Safety /Gaming 23. Public Works a. Award Bids for Maple Lane Trail /St. John's Parking Lot Projects Correspondence Page 126. b. Change Order for Pavers — St. John's Parking Lot Correspondence Page 127. 24. Building/Zoning /Code Enforcement 25. Parks & Recreation 26. Administration 27. Adjourn 1. Call To Order — Closed Session — Economic Development Authority 2. Review Guerin Settlement Agreement 3. Adjourn 4 CORRESPONDENCE CITY OF LIT ILE CANADA WEDNESDAY, MAY 23, 2001 PAGES CORRESPONDENCE 1 -14 Property Division — 2966 LaBore Road - Richie 15 -23 Conditional Use Permit — 421 Eli Road - Cossack 24 -33 Conditional Use Permit — 201 E. Little Canada Road - Gordies 34 -42 PUD Amendment — Country Drive - Biagini 43 -57 Variance — 2535 Stark Street - Abraham 58 -81 Gambling License Renewals — Little Canada Fire Department 82 -83 Debt Levy Reduction Committee 84 -86 Renewal of Liquor and Tobacco Licenses 87 -91 Food N Fuel — Liquor, Tobacco, Gas Dispensing Licenses 92 -93 Certify Delinquent Water /Sewer Bill — Venetian Inn 94 -96 Pay Request No. 1 — County Road B and Dianna Lane Lift Stations 97 -124 Pitrina Park Terrace — Ownership /Maintenance of Cul -De -Sacs 125 Workshop with Ramsey /Washington Watershed District 126 Bids for Maple Lane Trail /St. John's Parking Lot Projects 127 Change Order for Pavers — St. John's Parking Lot 1 2W4 ciainaea, MAYOR Michael l. Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall @ci.little - canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING PROPERTY DIVISION PROPOSAL: APPLICANT & PROPERTY OWNER: PROPERTY LOCATION: PLANNING COMMISSION: Request for approval of a Property Division dividing one lot into Parcels 1, 2, and 3 with Parcel 1 to be combined with 2940 LaBore Road The property in question is zoned Single- Family Residential (R -1). William Richie 2966 LaBore Road Little Canada, MN 55109 2966 LaBore Road Little Canada, MN 55109 The Little Canada Planning Commission will be reviewing this matter at their Thursday, May 10, 2001 meeting. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, May 23, 2001 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, May 10, 2001 and during the City Council meeting on Wednesday, May 23, 2001. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson, City Administrator Page 1 NXC MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: August 10, 1999 RE: Little Canada - Richie Subdivision FILE NO: 758.09 - 99.26 Michael and Katherine Richie have applied for a subdivision of and at 2966 LaBore Road. The existing parcel is approximately 5.8 acres in size, from which an 18,000 square foot lot would be subdivided. In addition, a small triangle of land is shown to be split and added to the neighboring property to the west. The proposed subdivision meets all zoning requirements, and the subdivider shows the required drainage and utility easements along the lot lines. The primary issue raised by the request is that the proposal would preclude any future resubdivision of the larger property. This may be the intent of the property owner, however the City's policy has been to require the potential for resubdivision, due to long term changes in property owner needs, and concerns over requests for future variances to allow later, non - conforming subdivisions. For this reason, the Subdivision Ordinance requires that the subdivision of a small parcel from a larger property be accompanied by a concept sketch which illustrates how the larger property may be further subdivided in the future. There are two options under which the subdivision may be allowed. First, the subdivider should be required to file a covenant against the property, in favor of the City, which precludes further subdivision. This covenant would serve to warn future owners of the fact that variances needed to allow additional subdivision would not likely be approved. The second option would be to require the dedication of road easement at this time to provide access to the south part of the property, along with the sketch plan referred to in the previous paragraph. This option would ensure that a future resubdivision request could be accommodated without variance. 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 5 54 1 6 PHONE 61 2- 595 -9636 FAX 6 _ MAIL NAC WINTERNET.COM Page 2 The first option does not preclude a future Council from granting a subdivision variance, however it does provide a cautionary notice for buyers who might consider asking. The second option is the surest in terms of protecting the City's planning process, but is less likely to be acceptable to the owners. The recent platting /street dedication issues raised in the Twin Lake Trail area illustrate that the reservation of right -of -way does not remove all concerns over future development. As a result, staff recommends approval of the subdivision, subject to a condition that a covenant is recorded restricting future resubdivision as discussed in this report. cc: Kathy Glanzer Greg Schmidt Terry Maurer Tom Sweeney Michael and Katherine Richie William Richie Page 3 e 1 e Y ' will 7 � e 7 i !mu i ii :ill I I Ota'11 i i ihd 11 a1(ti; 1 1 11111 1 a a lin. alilt i 7 7I I`77 3 gg 110i1ii1 i r=r 11 i{{ilij i 9iiiiii1 1 a 131 1! f 1 31' �i 1 a 7i$7ii 7r i i 71,171 I ' 11111 = 1 p i ig Ali d i. iH 11111 ' g i1[ lel� upr 7 ty$fai� a 9 78iiiBi; 1gg 7 y 17 1p 1 gg i1111[fi 3 afli 3 UPI 3 fi 6j t}e 1 I3 vi'�tS1 y` i liiiypA' 1 ?'7 7gi /S�ige�6 9 7 �1 7 �ii1�i d I 4.11,�� [e 1 111111 1 ia'= 1 8 PH $=iiei} 7 s isyi �Iher2 81 4 ii(4 ,-' • n • 4 1 NOIld30X3 i a 4 C i v.m. MIN of vwfcIn. a in.l VA, m.r.a, Page 4 MINTY i LS PLANNING COMMISSION AUGUST 12, 1999 PROPERTY Mr. Bill Richie appeared before the Commission requesting DIVISION — approval of the division of his property into three lots. One lot 2966 LABORE would remain as his homesite, the other would be a building site ROAD — for his son, and the third is a small portion of land that would RICBIE be sold to Bill Shorn and combined with his homesite located at 2940 LaBore Road. With regard to the City Planner's _ recommendation that a concept plan be developed for the future development of the Richie property, Mr. Richie pointed out that any road access into the back of his property would come from Arcade Street. Richie pointed out the low elevation at the back of his property and did not feel it was feasible to develop the site with a road coming in from LaBore Road. The City Planner indicated that when large parcels are subdivided, there is concern for how the remainder of the property will develop. As a result, a concept plan is recommended. The option would be that a restrictive covenant be placed on the parcel restricting it from future subdivision. Richie again stated that the only way to develop the property would be with a road from Arcade Street. There was no one from the general public wishing to comment on this matter. Carson recommended approval of the property division for 2966 LaBore Road as requested by Mr. William Richie subject to compliance with the recommendation of the City Planner that a restrictive covenant be placed on the property precluding the future subdivision of it. Motion seconded by Kraemer. Motion carried 4 — 0. VARIANCE — Mr. Cary Sorenson appeared before the Commission requesting a ALLAN AVE. — variance from the requirement that a lot have frontage on an SORENSON improved street. Sorenson pointed out that there are two single - family lots of record on either side of unimproved Allan Avenue just east of Greenbrier Street. Sorenson reported that he is proposing to construct a home on the lot south of Allan Avenue and access the home via a driveway over the Allan Avenue street right -of -way. Sewer and water would be accessed from Greenbrier Street. Page 5 MENU TES crrY COUNCIL AUGUST 25, 1999 CUP & VARIANCE — 209 RYAN LANE — RUSS FISCHER PROPERTY DIVISION — 2966 LABORE ROAD — BILL RICHIE CONSTRUCTION BASED ON THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR AND APPROVING THE PURCHASE AGREEMENT WITH REGAL INVESTMENT, LLC AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY The foregoing resolution was duly seconded by LaValle. Ayes (5) Scalze, LaValle, Pedersen, Morelan, Fahey. Nays (0). Resolution declared adopted. Russ Fischer, Metro Cleaning Service located at 209 Ryan Lane, has requested that the Council table action on his Conditional Use Permit and Variance request pending the outcome of soil borings which he is having done on his property. Mr. Pedersen introduced the following resolution and moved its adoption: RESOLUTION NO. 99 -8-219 — TABLING ACTION ON THE RUSS FISCHER, METRO- CLEANING, CONDITIONAL USE PERMIT AND VARL4NCE APPLICATION AT THE REQUEST OF THE APPLICANT PENDING A RECOMMENDATION FROM THE PLANNING COMMISSION The foregoing resolution was duly seconded by Morelan. Ayes (5) Pedersen, Morelan, Fahey, LaValle, Scalze. Nays (0). Resolution declared adopted. Mayor Fahey opened the public hearing to consider the division of the Bill Richie property located at 2966 LaBore Road into three lots. It was noted that the Planning Commission recommended approval subject to the property owner entering into a covenant restricting the future subdivision of the parcel. Fahey indicated that he would like to see a plan for how the area will develop in the future. His concern was that the property division would result in landlocking the future development of property in the back, and felt that the City needed to take steps to provide for access into this area. Fahey agreed that the way to develop the area would be with a road coming in from Arcade Street. However, there needs to be an outlet provided to LaBore Road for this access road. Scalze noted that in 1992 the City Planner did a preliminary road layout for the area. She was not sure whether this layout was based on any Page 6 MING 1 E CITY COUNCIL AUGUST 25, 1999 topographical information, however. Scalze suggested that there are some areas left where access could be provided to LaBore Road, particularly in the area of the powerlines. Richie agreed that the way to develop the back area would be with a road from Arcade Street. He noted that there is some wetland areas in the back, but pointed out that roads have been put through these types of areas before. Richie indicated that given the grade of his property it would not be feasible for the access road to LaBore Road to come through at that point. He noted that it would be very expensive to get sewer in with these grades. Richie suggested that the Scully land might be a possibility for road access to LaBore Road. Scalze pointed out that the Scully property only has 75 feet of frontage on LaBore Road. Richie pointed out the access point that exists to the Beam Avenue/Kohlman area. Scalze suggested that there are also areas where access can be provided to LaBore Road. Fahey again stated that the Council needs to look at the thoroughfare plan for the area to be sure that the Richie subdivision would not result in property being landlocked. Another consideration would be the length of the cui -de -sac that the City would be willing to approve if there was no way to connect a road from Arcade Street out to LaBore Road. Fahey suggested that the thoroughfare plan be updated and that the City Engineer also comment on this issue. Fahey stated that from a planning standpoint, this information needs to be on record. Richie stated that he did not want the access point to LaBore Road next to his house. He agreed, however, that the road would have to come in from Arcade Street. Fahey pointed out that it would not be feasible to have a 3,000 -foot long cui -de -sac. He agreed with Scalze that an access point at the powerlines might be a possibility. Richie asked why the City didn't get involved with Maplewood when they were developing their land. Scalze indicated that Maplewood doesn' t want to have border roads given the difficulties that result with maintenance issues. Scalze pointed out that there is enough property in this area to develop without the assistance of Maplewood. Scalze suggested that it may be a good use ofTIF dollars to assist in obtaining Page 7 ?iHNU1k.S CITY COUNCIL AUGUST 25, 1999 access from Arcade Street. Fahey suggested that action on the Richie property division be tabled until the Council can review the thoroughfare plan including recommended easements for road access into this back area. Fahey suggested that the Richie property division may be fine as proposed. However, he felt that the Council needed to review this additional information before proceeding. There was no one from the general public present wishing to comment on this matter. Upon motion by LaVaile, seconded by Pedersen, the public hearing was closed. Morelan questioned whether the City will be able to put a plan in place for the area that will not be affected by the Richie subdivision. Scaize suggested that obtaining a few elevations and putting together some diagrams based on those elevations will be very helpful. If the Richie property, is too steep for an access road, then this should be documented. Morelan suggested that he would be hard- pressed to deny the subdivision based on the fact that the access road could go through the Richie property. Scalze pointed out that the information will show if there are other options for this access road. Pedersen suggested that if this is the only place the access road can go, the Council will have to deal with the situation. However, if there are other options, then the Richie subdivision is not a concern. Fahey suggested that once the information is in, the City should proceed to obtain easements for the road before someone else proposes the subdivision of their property or pulls a building permit and other parcels are landlocked. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION N0. 99 -8-220 — TABLING ACTION ON THE RICHIE PROPERTY DIVISION PENDING ADDITIONAL INFORMATION FROM CITY STAFF RELATIVE TO A THOROUGHFARE PLAN FOR THE AREA AND ACCESS POINTS TO LABORE ROAD FOR A FUTURE ROAD IMPROVEMENT COMING IN FROM ARCADE STREET Page 8 MINUTES CITY COUNCIL AUGUST 25, 1999 The foregoing resolution was duly seconded by Scalze. Ayes (5) LaValle, Scalze, Pedersen, Morelan, Fahey. Nays (0). Resolution declared adopted. VARIANCE - Fahey opened the public hearing to consider the application for a Variance ALLAN AVE. — from the requirement of improved street frontage for a lot abutting SORENSON unimproved Allan Avenue as requested by Gary Sorenson. The Planning Commission has recommended denial of the variance given there is no hardship present to justify approval. Sorenson appeared before the Council and required that he has owned this lot for 25 years and would like to develop it. Sorenson suggested that Allan Avenue may never go through. Sorenson offered to put in a 20 -foot wide drive to provide access to the lot that he pointed out would accommodate the concerns raised by the Fire Marshal. He is also willing to run water and sewer to the lot as well as prepay estimated assessments for the future improvement of Allan Avenue. Sorenson stated that he does not want to put a burden on his neighbors who would prefer to see Allan Avenue remain unimproved. Sorenson stated that this is a nicely wooded area, and he does not blame his neighbors for wanting the area to remain as it is. Therefore, he is trying to make his request such that it will have the least impact on the surrounding property owners. Sorenson pointed out that Allan Avenue may not go through for 10 to 20 years. The hardship that exists is with the original developer in that the development plan for the area was not completed and Allan Avenue was not improved. Sorenson stated that he has waited for 25 years to develop this lot and would like to do so now. Morelan asked if Sorenson was willing to put in the street at this time. Sorenson stated that he was, however, he was sure the neighbors did not want it. Scalze noted that when half the property owners want a new street that is the time to put it in. Fahey suggested that the City not wait for a petition for the road improvement because he did not think there would be 35% of the benefiting property owners interested in the street. Fahey suggested that the City should move forward to initiate the street improvement. He also noted that a number of other similar requests for development on an unimproved street have been denied. Fahey stated that if Mr. Sorenson wants to develop the street should go in. He also felt there was no way that improvement would proceed unless the Council initiated the Page 9 MINUTES CITY COUNCIL FEBRUARY 23, 2000 *APPROVAL OF THE REQUEST FOR EXTENSION FOR OFFICE TRAILER UNTIL MAY 31, 2000 AS REQUESTED BYFRATTALONE PAVING; *CALLING FOR A VACATION HEARING FOR ALLEYWAYS AND DAYAVENUE FOR WEDNESDAY, MARCH 22, 2000 AT 7 ::30 P.M.; * CALLING FOR A WORKSHOP MEETING FOR WEDNESDAY, MARCH 8, 2000 AT 6:00 P.M. AT THE PUBLIC WORKS GARAGE TO DISCUSS THE PUBLIC WORKS GARAGE; *CALL FOR A STRATEGIC PLANNING /GOAL SETTING WORKSHOP FOR WEDNESDAY, APRIL 5, 2000 AT 4:00 P.M. AT THE CITY CENTER; The foregoing resolution was duly seconded by Scalze. Ayes (4) Morelan, Scalze, Pedersen, Fahey. Nays (0). Resolution declared adopted. PROPERTY Mayor Fahey opened the continuation of public hearing to consider the DIVISION — request of Bill Richie for the division of his property located at 2966 2966 LABORE LaBore Road. ROAD — WM. RICHE The City Engineer presented a diagram prepared by the City Planner showing how the LaBore Road area might develop in the future. He noted the proposed new streets running parallel to LaBore Road as well as the access points for these roads. The Engineer noted that one of the access points goes through the property north of Mr. Richie's at 2970 LaBore Road The Engineer felt the location of this access point was better than through the Richie property as it results in a shorter cul -de -sac length. Fahey suggested that there should be no additional subdivisions allowed in this area without the road improvement. Fahey indicated that he did not want to landlock the development of any existing parcels. The Engineer noted that the yellow area on the concept thoroughfare plan is a 100 foot buffer area preserved at the edge of the wetland. Scalze felt that the property at 2970 LaBore Road was narrow and asked if there was enough room for an access road She also noted that the concept plan shows the potential for about 30 lots. The Public Works Director also noted that the topography of the area hinders the locations of access points. He felt that the subdivision of the Page 10 MINUTES CITY COUNCIL FEBRUARY 23, 2000 MORATORIUM ON DEFINITIONS FOR MEDICAL CLINICS, REHAB AND TREATMENT TREATMENT CENTERS, REHABILITATION CENTERS, AND CENTERS SIMILAR FACILITIES FORA PERIOD OF SLYTY DAYS UNTIL PENDING THE DEVELOPMENT OF MORE PRECISE DEFINITIONS FOR THESE FACILITIES Richie property at this time would not preclude the future development of the area. There was no one present from the general public wishing to comment on this matter. Upon motion by Morelan, seconded by Pedersen, the public hearing was closed. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 2000 -2 -44 — APPROVING THE DIVISION OF THE RICHIE PROPERTY AT 2966 LABORE ROAD AS REQUESTED SUBJECT TO MR. RICHIE ENTERING INTO A COVENANT THAT WOULD PRECLUDE ANY ADDITIONAL DEVELOPMENT OF HIS PROPERTY WITHOUT A ROAD IMPROVEMENT, AND SUBJECT TO COMPLIANCE WITH THE RECOMMENDATIONS OF THE CITY PLANNER AND PLANNING COMMISSION The foregoing resolution was duly seconded by Morelan. Ayes (5) Fahey, Morelan, Scalze, Pedersen. Nays (0). Resolution declared adopted. Scalze pointed out that other property owners in the area might be interested in subdividing their property. She asked at what point the Council would preclude subdivision without a road improvement. Fahey suggested that a more comprehensive plan for the area needs to be developed. He suggested that perhaps this is a topic for the City's goal setting session. He also suggested that the City should take a look at other undeveloped parcels in the City and plan for their future development. The City Administrator suggested that now that this plan has been developed, that a neighborhood meeting be held to present the plan to the property owners. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 2000 -2 -45 — DECLARING A MORATORIUM ON THE ESTABLISHMENT OF MEDICAL CLINICS, Page 11 MINUTES CITY COUNCIL MAY 9, 2000 CLARIFICATION OF COVENANT AGREEMENT — RIC= SUBDIVISION CLOSED SESSION — GUERIN PROPERTY 'APPROVAL OF THE VOUCHERS The foregoing resolution was duly seconded by Scalze. Ayes (4) Pedersen, Scalze, Morelan, Fahey. Nays (0). Resolution declared adopted. Kathy Richie appeared before the Council requesting that an amendment to the covenant agreement relating to the Richie subdivision. She noted that the agreement as it stands would prohibit a reconfiguration of lot lines resulting in an increase in the size of her lot. Kathy Richie reported that should her father -in -law, Bill Richie, ever decide to sell his home, he would divide off the back portion of the lot which contains the large garage and it would be attached to their lot. The Council discussed this issue at length pointing out the need for development of a thoroughfare plan for the area and their intent to limit further subdivision of the Richie property until a road is developed to serve the back of the properties abutting LaBore Road It was also pointed out that the large garage on the Bill Richie lot is a legal non - conforming use. Since the time the garage was constructed, the City Code has been changed limiting the amount of garage space allowed on a property to a maximum of 1,500 square feet. Therefore, a property reconfiguration joining the back of the Bill Richie property with the garage to the new lot would not be allowed. The City Administrator indicated that the City will be conducting a neighborhood meeting with the area this summer to obtain input on a concept thoroughfare plan that the City has developed for the area. It was the consensus of the Council that the covenant agreement would stand as approved at this time. The City Attorney requested the Council call a closed session following this evenings meeting in order to discuss a settlement offer made to the City on behalf of the Guerin Family. Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 2000 -5 -121 - CALLING FORA CLOSED SESSION FOLLOWING THE REGULAR MEETING TO DISCUSS A SETTLEMENT OFFER MADE BY THE GUERIN FAMILY Page 12 MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA MAY 10, 2001 Pursuant to due call and notice thereof a regular meeting of the Planning Commission of Little Canada, Minnesota was held on the 10°i day of May, 2001 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Chair John Keis called the meeting to order at 7:30 p.m. and the following members of the Planning Commission were present at roll call: PLANNING COMMISSION: Mr. Scott Barraclough Mr. Dennis Carson Mr. Tom Duray Mr. John Keis Mr. Thomas Roycraft Mr. Tom Wojcik MEMBERS ABSENT: Mr. Dan Knudsen ALSO PRESENT: Mr. Steve Grittman, City Planner Ms. Kathy Glanzer, Deputy Clerk MINUTES The minutes of the February 15, 2001 Planning Commission meeting were approved as submitted. PROPERTY The Planning Commission reviewed the request for division of the DIVISION — Bill Richie property at 2940 LaBore Road into three lots. It was noted 2940 LaBORE that this property division was approved on February 23, 2000. However, ROAD — given that the division was not recorded with Ramsey County within six RICHIE months of approval, the approval lapsed. Roycraft noted that at the time the division was first being considered, the City held some meetings on the issue of a thoroughfare plan for this area. The proposal called for a road coming in from Arcade Street to serve this area. Roycraft noted that there was opposition to this thoroughfare plan. Keis indicated that at such time as there is a proposal to develop this area, the Planning Commission would be involved in the development review. Carson recommended approval of the Richie subdivision request for 2940 LaBore Road subject the conditions in the previous approval outlined in City Council Resolution No. 2000 -2 -44. Page 13 MINUTES PLANNING COMMISSION MAY 10, 2001 Motion seconded by Barraclough. Motion carried 6 — 0. CUP FOR Mr. Jim Cossack, 421 Eli Road, appeared before the Commission OVERSIZED requesting approval of a Conditional Use Permit to allow construction GARAGE — of a 36 -foot by 32 foot garage which is larger than the 1,000 square 421 ELI ROAD — foot maximum garage allowed as a permitted use. Cossack pointed out JIM COSSACK that he does not currently have a garage. He also noted that the garage would be used for storage of personal and recreational vehicles and would not be used for business use. Keis asked about the size of Cossack's house. Cossack noted that his house is approximately 1,000 square feet in size. The garage he is proposing to building is 1,152 square feet. Cossack indicated that he plans to add onto the house in a year or two. Duray asked about the exterior finish for the garage. Cossack replied that the garage would be stucco to match the house. Lorraine Pelton, Eli .Road resident, asked for a definition of Conditional Use Permit. The City Planner indicated that the City's Code allows a garage up to 1,000 square feet in size as a permitted use. Garages that are between 1,000 and 1,500 square feet in size require a Conditional Use Permit. This permit requires review by both the Planning Commission and the City Council to determine whether or not the garage fits the site and the neighborhood and to ensure that there is no business use of the garage. Pelton pointed out that the garage is a large building and the area is primarily residential in nature. Pelton noted that the property owners in this area want to keep it residential. Pelton informed the Commission that at one time she requested a 5 -foot variance to subdivide her property so that her son could build a single - family home. That variance request was denied because the Council felt the variance would spoil the appearance of the neighborhood. Pelton pointed out that now Mr. Cossack would like to build a garage in the neighborhood that is larger than some houses. She also noted that at one time Cossack had lithos parked on his property for most of one winter. Cossack indicated that he did park some limos in his yard for a short period, but moved them into a warehouse in December of 1999. Cossack again indicated that he will not use this garage for business purposes, but Page 14 Ns? 899 Little Canada, Minnesota PAID APPLICATION FORM Comprehensive Plan Amendment Conditional Use Permit Rec. No Applicant Owner Zoning District Amendment Variance Text Amendment Subdivision Other Planned Unit Development Plan Review Cvsszc/ (Name) ' /)-/ !_- /; Rd L .0 (Address) G C-/ -47/7/-0 a ?o (Phone) (Name) Property Location (Street Address and Legal Description): (Address) (Phone) q.-/ 2z----// /2 z / //e y Description and /or Reason for Request (Cite Ordinance Sections): Q/'2 1 /a-Cy f/'^ �t ° •1 /dr O' d S .'17( 'n signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- ng and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined e application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- nt,' expense. Page 15 NHITE — Office CANARY— Customer PINK —File GO (Date) a Ce>- V Ya7% 4ana%a MAYOR Michael L Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour 515 Little Canada Road. Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall@ci.little- canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT PROPOSAL: APPLICANT & PROPERTY OWNER: PROPERTY LOCATION: PLANNING Request for a Conditional Use Permit allowing construction of a 36 foot by 32 foot garage which exceeds the maximum of 1,000 square feet in size. The property in question is zoned Single - Family Residential (R -1). Jim Cossack 421 Eli Road Little Canada, MN 55117 421 Eli Road Little Canada, MN 55117 COMMISSION: The Little Canada Planning Commission will be reviewing this matter at their Thursday, May 10, 2001 meeting. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, May 23, 2001 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, May 10, 2001 and during the City Council meeting on Wednesday, May 23, 2001. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 16 N a R 7 O W Y y ?I AM `M, I +w 9Z C Q N Ut Li 9 A N 4% g t, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: May 7, 2001 RE: Little Canada - Jim Cossack Garage Conditional Use Permit FILE NO: 758.09 - 01.09 Jim Cossack has applied for a Conditional Use Permit for an oversized garage on his parcel at 421 Eli Road. Currently, the parcel contains a single family home with no garage. The property is approximately 158 feet wide by 235 feet deep - .85 acres in area. The applicant is proposing a detached garage of 1,152 square feet, larger than the threshold of 1,000 square feet in area. Detached accessory buildings between 1,000 square feet and 1,500 square feet are allowed by CUP. The City has reviewed similar requests with a requirement that over -sized garages be built only on parcels where the size of the lot and the surrounding neighborhood result in no concerns over compatibility or crowding. In addition, such buildings are required to be put only to residential storage and parking uses - no business activity is permitted. Finally, the building materials of the accessory building are to be similar to those of the principal building. The proposed building would exceed all setback requirements, and as noted above, the parcel is much larger than the basic single family lot. The applicant indicates in his application that the building will be utilized solely for personal vehicle storage, and no business use will be made of the structure. No information has been submitted on building materials, although a sketch is included illustrating the size. With the condition that the building materials match those of the existing single family home, planning staff recommends approval of the CUP, based on the finding that the lot is sufficiently large to accommodate the larger accessory building without concern for crowding or negative impacts on neighboring property. cc: Kathy Glanzer Steve Westerhaus Jim Cossack Greg Schroeder Terry Maurer Page 17 Szc_ 2. ,i2.-c252 Z:ca-r (lc 410/2) ^5cc))41Y( • 135 ac. fo-r'L 0.36 ac L s 04.35' 9.15, 135 2C, .eza.' 3Goazi 3/1 ; (-•.» a-, 100 --- ROAD C70 51 14 sem o, --102 .413 0 E L I '1 49 •.•v " ;i:4.1 4 /kr 412' (32) 256 13 , ,0 9). REG I STEREE.) A SURVEY A-0 , • N „4). cp.,/ 4>7*/.(c(p) 6+; 010 0 - (€12-, Cs;i? .2 0,5) 40' 43) 1-) 0 ' r„i7 irVt • iczz 79, 1.20 AC • 2,, (2,2) ▪ 87. J3Sio CI + CATHOLIC CHURCH 049 02 906.3 Book 14 a 377 pe.33 173 80 1 ; 0 ;12 (13) 9 19 18 )94 ic '3 200 1 (35) S (.4) 2 • (20 '7 1-) 5 110 (391 r 2- • 2/ 40 Id > 0 LABORE 0 z GO 2 Co SW .24 5 + ' • (20) 73 ; 2-gOg 95.04 8 2,590 (301 LAND C/s 92.4 -J 0 z FARMY-A 100 (z3) 7 35.90 c (20) 457 279,4-2 4 a ;7 '51; - 7. = • 2013 ac. R S g az) \ 433 - NO. 439 A (21) C A., 1:3) 0 0 D -r..2 E ±2:73-7 o ,, ;-27910 ‘.• • F 2 g 2:1 Z G (6) o 211/ 0 H 21/ (13) / (1) ;3 ;1-D7-k • ciLt • 1 .0 (z) J 1'2) opt to 3 .705 130 3.329c. 3) :0 22.) 2 zrt - 317. 9 (. 3) C2 C CL\ tIOV12,24) /771C1t) 00 300 A 97. is 0' 15 .593 • 4 c+2.211)92- _22):11 iamb. 7277 \ • 7*. • 52 J7 5." CL'7).; „ 17 1.79 Vattl 31.55 Page 18 + a-3z 3 • •• 4951< 6Q VII-L AGE LITTLE. CAN/ Site map for 421 Eli Rd. Little Canada MN. 55117 Jim Cossack �7' Drive way Garage House I currently do have have a garage. The garage I am proposing to build would be used to store my personal vehicles and recreational vehicles. There will be no business use of this garage. Jim Cossack Page 19 Page 20 MINUTES PLANNING COMMISSION MAY 10, 2001 Motion seconded by Barraclough. Motion carried 6 — 0. CUP FOR Mr. Jim Cossack, 421 Eli Road, appeared before the Commission OVERSIZED requesting approval of a Conditional Use Permit to allow construction GARAGE — of a 36 -foot by 32 foot garage which is larger than the 1,000 square 421 ELI ROAD — foot maximum garage allowed as a permitted use. Cossack pointed out JIM COSSACK that he does not currently have a garage. He also noted that the garage would be used for storage of personal and recreational vehicles and would not be used for business use. Keis asked about the size of Cossack's house. Cossack noted that his house is approximately 1,000 square feet in size. The garage he is proposing to building is 1,152 square feet. Cossack indicated that he plans to add onto the house in a year or two. Duray asked about the exterior finish for the garage. Cossack replied that the garage would be stucco to match the house. Lorraine Pelton, Eli Road resident, asked for a definition of Conditional Use Permit. The City Planner indicated that the City's Code allows a garage up to 1,000 square feet in size as a permitted use. Garages that are between 1,000 and 1,500 square feet in size require a Conditional Use Permit. This permit requires review by both the Planning Commission and the City Council to determine whether or not the garage fits the site and the neighborhood and to ensure that there is no business use of the garage. Pelton pointed out that the garage is a large building and the area is primarily residential in nature. Pelton noted that the property owners in this area want to keep it residential. Pelton informed the Commission that at one time she requested a 5 -foot variance to subdivide her property so that her son could build a single - family home. That variance request was denied because the Council felt the variance would spoil the appearance of the neighborhood. Pelton pointed out that now Mr. Cossack would like to build a garage in the neighborhood that is larger than some houses. She also noted that at one time Cossack had limos parked on his property for most of one winter. Cossack indicated that he did park some limos in his yard for a short period, but moved them into a warehouse in December of 1999. Cossack again indicated that he will not use this garage for business purposes, but Page 21 MINUTES PLANNING COMMISSION MAY 10, 2001 rather for the storage of two vehicles, two snowmobiles, two 4- wheelers, and other yard equipment. Cossack felt that the storage of these items inside was better for the neighborhood than outside storage. Cossack noted that he has plenty of room on his property for the garage, and pointed out that he will exceed all setback requirements. Pelton indicated that her concern was the potential for business use of the garage, and indicated her objection to approval of the CUP. Pelton noted that some of the neighbors could not be present this evening since one family was out -of -town and there was a death in another family. Pelton requested that action on the CUP be tabled until these neighbors could be present. Pelton asked how the City can allow a variance in this instance when one was not approved so that she could subdivide her property. Keis noted that Cossack is requesting a Conditional Use Permit that is different from a Variance. Keis noted that the City allows garages up to 1,500 square feet in size. It is only when a garage falls between 1,000 and 1,500 square feet that a Conditional Use Permit is required. The City Planner noted that in the case of a Variance request a hardship must be present to warrant granting the Variance. A Variance is needed for something that is outside the Code. The Planner further noted that the request for a 1,152 square foot garage is inside the Code, but requires special review. Duray pointed out that the Cossack property is a large lot and all setbacks are being met. Duray pointed out that the City has approved similar requests for oversized garages on large parcels. Cossack pointed out that if he shortened up the depth of the garage by three feet, it would be under the 1,000 square foot limitation and would be a permitted use. However, he would like a 32 foot depth so that he can park a snowmobile or 4- wheeler in front of the vehicles. Cossack noted that either way the 36 -foot width of the garage would remain the same, thus the appearance from the street is the same. Wojcik noted that the concern of the neighbor appears to be the long-term use of the garage and the potential that if the property changes hands the garage could be put to a business use. The City Planner noted that the CUP would run with the land. If the property changes hands, the same conditions would apply on the use of the garage. He further noted that the property is zoned R -1. Horne occupations are allowed, but they are limited to within the home and Page 22 MINUTES PLANNING COMMISSION MAY 10, 2001 subject to the restrictions of the Code. The Planner noted that the Code would not allow for a business use of the garage. Roycraft asked Mrs. Pelton if she felt there is a hardship to the neighborhood in the granting of this CUP. Pelton replied that her apprehension is for the potential business use of this garage and noted that there are no assurances that the garage would be used for storage of personal vehicles only. Roycraft noted that the Code does not allow for the business use of this garage. Carson recommended approval of the Conditional Use Permit as requested by Jim Cossack allowing construction of a 36 foot by 32 foot garage at 421 Eli Road subject to compliance with the recommendations of the City Planner as outlined in his report dated May 7, 2001, subject to the exterior of the garage matching the existing house, and subject to there being no business use of this garage. Motion seconded by Duray. Motion carried 6 — 0. CUP FOR Mr. Dick Cossack, Gordies' Place, appeared before the Commission BOCCE BALL — requesting approval of a Conditional Use Permit for commercial GORDIE'S recreation (bocce ball) at a location that serves alcoholic beverages. PLACE Cossack indicated that bocce ball would be played inside the boot hockey rink. He felt that leagues may play three nights per week and felt that the 10 p.m. time limitation was workable. It was noted that Gordies' currently has CUP's allowing both volleyball and boot hockey six nights per week with three tournaments per year. The time limitation for games is 10 p.m. A resident of the area indicated that he had some concerns with noise. but indicated that otherwise Gordies' has done a good job with their business. It was noted that bocce ball would likely be a quieter recreational sport than volleyball or boot hockey. The Planning Commission noted that the City has received one letter in support of the CUP and one in opposition. The Commission also reviewed the report on police calls to Gordies'. Duray felt that the number of police calls was minimal for the number of people that go to Gordies' and participate in volleyball and boot hockey. Duray stated that he felt Gordies' does an excellent job and has been creative in attracting customers. Page 23 Little Canada, Minnesota APPLICATION FORM 2Sl" 898 PAID $350.00 Rec. No Comprehensive Plan Amendment x Conditional Use Permit Zoning District Amendment Variance Text Amendment Subdivision Other Planned Unit Development Plan Review applicant OAVF. C'r)SSAr'x. rinRfTFS' PTAC'R 701 vAqT TTTTTP C'ANAnA ROAn 4R4 -422 (Phone) (Name) (Address) Owner (Address) (Phone) (Name) 'roperty Location (Street Address and Legal Description): 201 F T.TTTT.F C'ANAnA ROAn Description and /or Reason for Request (Cite Ordinance Sections): AMEND CONDITIONAL USE PERMIT TO ALLOW COMMERCIAL RECREATION (BOCCE BALL) In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- -g and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined - be application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- t expense. Page 24 ) 'MITE—Office CANARY — Customer PINK —File GOI 101 (date) MAYOR Michael L Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour 515 Little Canada Road. Little Canada. MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall @ci.little- canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT PROPOSAL: APPLICANT & PROPERTY OWNER: Request for a Conditional Use Permit to allow commercial recreation (bocce ball) at a location that serves alcoholic beverages. The property in question is zoned General Business (B -3). Thomas and Richard Cossack Gordies Place 201 E. Little Canada Road Little Canada, MN 55117 PROPERTY LOCATION: Gordies Place 201 East Little Canada Road Little Canada, MN 55117 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at their Thursday, May 10, 2001 meeting. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, May 23, 2001 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, May 10, 2001 and during the City Council meeting on Wednesday, May 23, 2001. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 25 DAVE COSSACK Gordies Place 201 East little Canada Road Little Canada, MN 55117 651.484.4692 April 30, 2001 Joel Hanson Administrator 515 Little Canada Road Little Canada, MN 55117 Dear Joel, This letter is regarding Gordies plan to expand the conditional use permit for the hockey rink /volleyball court to include bocce ball for the summer months. Starting mid /late June, bocce ball would be played in the hockey rink three evenings a week with the option of five evenings a week in summer of 2002. See attachment for location of hockey rink. Any questions, please call. Sincerely, awl eo Dave Cossack Page 26 44QR00,40MRST AS3Qt4A!RD tetra itisTAWIlit,, 4440, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: May 7, 2001 RE: Little Canada - Gordies Place - CUP Amendment FILE NO: 758.09 - 01.042 Gordies Place is seeking an amendment to their Conditional Use Permit for Commercial Recreation to allow use of the ice rink for bocce ball during summer months. The existing CUP permits Volleyball on the adjacent outdoor court six evenings per week, and hockey on the ice rink six evenings per week. With this amendment, the applicant would be permitted both volleyball and bocce ball during summer. In previous applications, concern has been expressed by neighboring apartment residents that noise and /or lights would be disruptive to the area. The City required screening and landscaping, in addition to control of the site lighting, to minimize impacts on the residents. As a part of this application, the City will have the opportunity to document any issues relating to the effectiveness of previous screening and lighting requirements. The new permit would expand the quantity of activity on the site during summer evening hours over the current permit, but the location on the site would remain the same as in previous approvals. Except where screening and /or lighting measures required by earlier applications have shown to be ineffective, the site should be set up to accommodate the bocce ball activities in the rink area. As with the existing CUP, the City also has the ability to limit hours of outdoor operation and review security if necessary. If the current level of screening and buffering have been effective, planning staff would recommend approval of the CUP amendment subject to continuation of the previous management efforts, including lighting control and hours of operation, as well as verification that all previous requirements have been implemented. cc: Kathy Glanzer Steve Westerhaus Dave Cossack Greg Schroeder Terry Maurer Page 27 MAY- 1 -01 TUE 14:31 CITY OF LITTLE CANADA FAX NO. 6514844538 LANDSCAPE SITE PLAN P. 03 Curdles _..L {1b �- 51 • l?titL P.2.n V1,i5 Volleyball Croat 3 .3 t Q16wti `0.2.2‘.1 J11 X 194 Apartments Page 28 316' MAY, 9. 2001 1:30PM MRDC INTL DEPT N0, 8834 P. 1 City of Little Canada ATTN: Kathy I would like to be assured that the police reports of the violations of Gordies current Conditional Use Permits be given to the Planning Commission and the City Council. I have personally called the Sheriff's office at least 10 times in the last year to report that Gordies was in violation of their Conditional Use Permit. I have spoken to Mayor Michael Fahey, and basically been told that I should not worry about it. One day last winter, I came home to a view out my living room window of a mountain of dirty snow. This mountain was created by their parking lot being plowed for the tournament they held at that time. This mountain was almost two stories high. During the period that the mountain was there, numerous children were playing, and sledding on it. I see this as a real safety issue, especially in this sue -happy society in which we live. Could the city afford a lawsuit for not enforcing their ordinances? This spring, as the mountain melted, the debris and trash created an even worse eye sore. Gordies, at a Planning Commission Meeting, assured me that they always made sure the trash was picked up so as to not create an eyesore for the neighbors. I believe the city has ordinances prohibiting eye sore conditions in a neighborhood. It appears that the city refuses to enforce their ordinances to certain individuals and businesses. The perception is that the city does not care about the quiet, tax- paying citizens and prefers to cater to the businesses. I was told, when I first moved to Little Canada in 1972, and was thinking about getting involved in politics, that if I wanted to get anywhere In politics, I better be seen at Gordies, The perception is that, perhaps, the sheriff and city council are paid off by Gordies. One time I called 911 about a fight in the parking lot at Gordies, it took the sheriff aver 1 hour to respond. At the last Planning Commission Meeting, to grand Gordies a Conditional Use Permit, I was assured that the Permit would be reviewed annually. My guess is that the review will overlook the numerous violations of the Conditional Use Permit, as they have been overlooked for the past several years. If fact, the Conditional Use Permit to allow volleyball six nights a week was only passed because Gordies was violating their Conditional Use Permit to have volleyball only two nights a week. The perception is that one does whatever they want, and because there is money involved, the city council approves it. When is the "Rubber Stamp" YES going to stop and justice prevail in our fair, beautiful city? I would appreciate hearing a response from the appropriate people about these matters. Thank You, Keith Flanagan 179 Little Canada Road East, Suite 226 612 - 299 -6436 Pager Perception is Reality Page 29 �-� ofche,s Inc Num Date RIM Dispo Incident as Reported 201 LITTLE CANADA RD E, LC 000640 01/09/2000 001421 01/19/2000 001612 01/21/2000 002498 02/02/2000 002984 02/08/2000 003839 02/18/2000 005655 03/10/2000 006400 03/18/2000 025882 10/05/2000 030998 12/01/2000 032656 12/20/2000 001237 01/15/2001 001408 01/17/2001 002492 01/31/2001 002591 02/02/2001 003103 02/08/2001 003538 02/13/2001 004838 03/01/2001 008131 04/09/2001 Date of Report: 04/19/2001 18 NOISE COMPLAINT 20 MEDICAL 19 CODE ENFORCEMENT 12 NOISE COMPLAINT 18 CODE ENFORCEMENT 19 NOISE COMPLAINT 13 ALARM 13 ALARM 1 ACCIDENT, HIT AND RUN 20 CHECK WELFARE 20 NOISE COMPLAINT 19 CODE ENFORCEMENT 20 NOISE COMPLAINT 12 CODE ENFORCEMENT 1 ACCIDENT, HIT AND RUN 1 LOST PROPERTY 20 ASSIST A CITIZEN 19 FIGHT 19 DWI Time: 11:31:51 Page 30 Incident Address Report Report on Incidents Between 01/01/2000 and 04/18, • Grid HO8 HO8 HO8 HO8 HO8 HO8 HO8 H08 HO8 HO8 HO8 HO8 HO8 HO8 H08 H08 H08 H08 HO8 Thomas and Richard Cossack Gordies Place 201 East Little Canada Road Little Canda, MN, 55117 Joel R. Hanson City Administrator We live at 179 E. Little Canada Rd., Fleur Royale Condominiums, in Unit 4126. We are in the South/East corner, Gordies' closest neighbors. We have never had a problem with the volleyball games, the hockey rink, and certainly will not have a pro- blem with bocce ball. In the past, any recreational events have been completed no later than 10:OOPM, and we trust that this will be the case with any future plans. We are unable to attend the meetings, and hope this will convey our positive feelings and con- cerns. Respectfully, u Keith and Deb Kruse Page 31 MINUTES PLANNING COMMISSION MAY 10, 2001 subject to the restrictions of the Code. The Planner noted that the Code would not allow for a business use of the garage. Roycraft asked Mrs. Pelton if she felt there is a hardship to the neighborhood in the granting of this CUP. Pelton replied that her apprehension is for the potential business use of this garage and noted that there are no assurances that the garage would be used for storage of personal vehicles only. Roycraft noted that the Code does not allow for the business use of this garage. Carson recommended approval of the Conditional Use Permit as requested by Jim Cossack allowing construction of a 36 foot by 32 foot garage at 421 Eli Road subject to compliance with the recommendations of the City Planner as outlined in his report dated May 7, 2001, subject to the exterior of the garage matching the existing house, and subject to there being no business use of this garage. Motion seconded by Duray. Motion carried 6 — 0. CUP FOR Mr. Dick Cossack, Gordies' Place, appeared before the Commission BOCCE BALL — requesting approval of a Conditional Use Permit for commercial GORDIE'S recreation (bocce ball) at a location that serves alcoholic beverages. PLACE Cossack indicated that bocce ball would be played inside the boot hockey rink. He felt that leagues may play three nights per week and felt that the 10 p.m. time limitation was workable. It was noted that Gordies' currently has CUP's allowing both volleyball and boot hockey six nights per week with three tournaments per year. The time limitation for games is 10 p.m. A resident of the area indicated that he had some concerns with noise, but indicated that otherwise Gordies' has done a good job with their business. It was noted that bocce ball would likely be a quieter recreational sport than volleyball or boot hockey. The Planning Commission noted that the City has received one letter in support of the CUP and one in opposition. The Commission also reviewed the report on police calls to Gordies'. Duray felt that the number of police calls was minimal for the number of people that go to Gordies' and participate in volleyball and boot hockey. Duray stated that he felt Gordies' does an excellent job and has been creative in attracting customers. Page 32 MINUTES PLANNING COMMISSION MAY 10, 2001 PUD AMENDMENT 2935 COUNTRY DRIVE — DICK BIAGINI A resident of the area indicated that Gordies' has done a nice job with the landscaping at the back of their property. Duray agreed and indicated that as the evergreens grow, this will help cut down on the amount of noise. Keis pointed out that the one letter raised the issue of snow storage, but noted that there was an unusually large amount of snow this past winter. Roycraft recommended approval of the Conditional Use Permit allowing commercial recreation (bocce ball) three nights per week up until 10 p.m. as requested by Gordies' Place at 201 East Little Canada Road. Motion seconded by Wojcik. Motion carried 6 — 0. Mr. Dick Biagini appeared before the Commission requesting approval of a Planned Unit Development Amendment to allow construction of a 13,770 square foot office /warehouse building at 2935 Country Drive. It was noted that the office portion of the building is proposed at 52% of the square footage area, and in no case will the office portion be less than 50 %. Biagini described the facade of the building pointing out that it will have a brick exterior and he has eliminated the overhead doors from the south side of the building from what was proposed earlier for Simon Delivers. He also indicated that he will have one or two exterior trash enclosures and these will be constructed from brick. Wojcik asked about parking requirements. The Planner noted that if the building is 50% office /50% warehouse, 43 parking stalls would be required. Parking requirements increase as the percentage of office space increases. The site plan shows 67 parking spaces. The Planner recommended that if parking along the Condit Street side of the property is not required, that it be eliminated and the landscaping buffer be widened to provide for more effective screening to the west. Biagini agreed with the Planner's recommendation with regard to parking. It was noted that a landscaped berm would be installed to provide for screening to the west. Biagini reported that he will be constructing the building for spec, and at this point is unsure as to the tenants and the office /warehouse mix. However, a minimum of 50% office space will be maintained and hopefully that percentage will increase. Page 33 Applicant Little Canada, Minnesota APPLICATION FORM N? - 897 s ° PAID SDD Rec. No Comprehensive Plan Amendment Conditional Use Permit Zoning District Amendment Variance Text Amendment Subdivision Other Planned Unit Development Plan Review Owner / (Name) j/J4 4»' (Name) 2 (2Y (ocr -01 Gs / 7 &r `/G 7Y (Address) ' (Phone) (Address) (Phone) Property Location (Street Address and Legal Description): c Q ( 4g 04-12; Description and /or Reason for Request (Cite Ordinance Sections): /?[/,y ‘.0.2 'n signing this application, 1 hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- .no and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined le application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- aon expense. 7) / %77ii 3> Page 34 NHITE— Office CANARY — Customer PINK —Pile. GOLD— Planner (Plate) MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour 515 Little Canada Road. Little Canada. MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall @ci.little- canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING PLANNED UNIT DEVELOPMENT AMENDMENT PROPOSAL: APPLICANT: PROPERTY LOCATION: PLANNING COMMISSION: Request for approval of an Amendment to a Planned Unit Development allowing construction of 13,770 square foot office /warehouse building. The property in question is zoned Planned Unit Development (PUD). Richard Biagini RAB, LLC 2925 Country Drive Little Canada, MN 55117 2935 Country Drive Little Canada, MN 55117 The Little Canada Planning Commission will be reviewing this matter at their Thursday, May 10, 2001 meeting. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, May 23, 2001 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, May 10, 2001 and the City Council meeting on Wednesday, May 23, 2001. Sign language interpreters for hearing - impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 35 NIQ UMVitIM A %SOCNAltiti) ce3H %1414!At4!$,, !RAC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: May 7, 2001 RE: Little Canada - Biagini Office PUD Amendment FILE NO: 758.09 - 01.01 RAB, Inc. has applied for an amendment to the Planned Unit Development permit previously approved on the site at 2930 Country Drive. This building received a PUD approval one year ago, based on an office- warehouse design for 12,400 square feet of floor space. At that time, approximately 52% of the floor area was to be devoted to office use. Last fall, an amendment was granted to the CUP that changed the floor plan and would have permitted occupancy by Simon Delivers, a grocery delivery service. The amended plan showed a 13,700 square foot building, although a larger percentage of the building would have been occupied by storage or material handling. The Simon Delivers project is no longer an option, but the applicant wishes to revert to an office warehouse design utilizing the Simon Delivers building and site plan. Staff has indicated that no less than 50% of the building may be utilized for office space. The proposed plan is very similar to the Simon Delivers concept, with the exception that overhead doors have been removed from the south building exposure. Instead, the south exposure is composed of five office door accesses and windows. The north side of the building includes six overhead doors and one office entrance closest to Country Drive. Both the County Drive and Condit Street facades include windows and office doors along the front and rear building exposures. Other materials include "Nova" Brick, metal fascia and soffits, and asphalt shingles on the sloped roof. The site plan shows 67 parking spaces. If the building is finished at 50% office, 50% warehouse, the parking requirement would be estimated to be 43 parking stalls. As designed, the building would meet parking requirements even if devoted solely to office Page 36 uses. Staff had recommended in the original PUD that parking along Condit Street be reduced if not needed, and the landscaping buffer be widened to provide more effective screening from the single family areas to the west. The site would appear to be able to accommodate this recommendation if the office uses comprise up to 60% of the floor space. The current plan does not indicate a location for a trash enclosure. Indoor trash facilities are preferable, but outdoor enclosures have been permitted in the past. If an outdoor enclosure is proposed, it should be constructed of materials similar to those of the principal building. Finally, recommendations regarding landscape screening (Spruce trees along the north boundary, are still valid to screen both the apartment building from the parking lot, and the view of the overhead doors from Country Drive. With these comments, planning staff recommends approval of the PUD Amendment. cc: Kathy Glanzer Greg Schroeder Steve Westerhaus Terry Maurer Dick Biagini Page 37 _„-- .0 e-erk,Q. - • .lmmar.). I ' I I o 06 • S- 7 IA 4 ia I 00 VT) 0_1 0 0 a ts--4; 0' —61Z-rtelik41"60y-i-s-,F -ht0't 0/Pirairal73 •ooa000 -://4/Z44%///7/,//,/,/////%4 ( 0 6 0 0: 0 0 1.0 47 1 777 /727 • , ...... ow-17 ilWtarie.c77. . _ Page 38 .--1-7T,:trz'ec7fir-=' • TO; ';torilt Page 39 MAY -09 -2001 17:07 HOWARD R. GREEN Howard R. Green Company May 9, 2001 File: 807580J Honorable Chairman and Planning Commission City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 RE: BIAGINI OFFICE PUD AMENDMENT CITY OF LITTLE CANADA 651 644 9446 P.02/02 Dear Planning Commission Members: As requested we have reviewed the plan for the proposed building at 2935 Country Drive. This building will be the second of two buildings constructed on the County Side Terrace Office Park site. The grading, drainage, and utility plan for this tot was previously reviewed and approved with the rest of the Office Park site, and no additional grading or utility information is shown on the plan. The Ramsey Washington Watershed also reviewed the entire site and all storm water rate and sediment control regulations were met when the original entire site was graded. The first floor elevation of the proposed building is shown at 912.00. The original grading plan indicated a first floor elevation of a building on this lot should be 910.00. The building pad elevation will need to be lowered or additional fill brought to the site. Any additional grading necessary will need to be reviewed. There are two 30 -foot driveways shown that access the site from County Drive. This is above the maximum 24 -foot width allowed by the City zoning code without prior approval. If it is anticipated that large trucks will need to access the site the 30 -foot wide driveways may be necessary. The parking lot configuration has changed from the layout shown on the original grading plan. The paved area has been reduced with an increase in green area both in front of the building and in the northwest comer of the site. Minor modifications to storm sewer inlet locations may need to be made to the storm sewer that was originally installed, but the existing piping system will be of adequate size to serve the site. The plan shows a total of 67 parking stalls with two handicapped spaces In the lot south of the proposed building. For a 67 -space parking supply, state regulations require 3 handicapped spaces, at least one of which must be van accessible, Therefore, an additional handicapped space is required. If you have any questions regarding these comments, please call. Sincerely, Howard R. Green Company Lee Eifering Project Engineer 0:1PROJ\807450J\Ltr5- 9.o1 Planning Commission 1326 Energy Park Drive • St. Paul. MN 55108 • 851/644 -4389 fax 651/644 -9448 toll free 898/368 -4389 TOTAL P.02 Page 40 MINUTES PLANNING COMMISSION MAY 10, 2001 PUD AMENDMENT 2935 COUNTRY DRIVE — DICK .BIAGINI A resident of the area indicated that Gordies' has done a nice job with the landscaping at the back of their property. Duray agreed and indicated that as the evergreens grow, this will help cut down on the amount of noise. Keis pointed out that the one letter raised the issue of snow storage, but noted that there was an unusually large amount of snow this past winter. Roycraft recommended approval of the Conditional Use Permit allowing commercial recreation (bocce ball) three nights per week up until 10 p.m. as requested by Gordies' Place at 201 East Little Canada Road. Motion seconded by Wojcik. Motion carried 6 — 0. Mr. Dick Biagini appeared before the Commission requesting approval of a Planned Unit Development Amendment to allow construction of a 13,770 square foot office /warehouse building at 2935 Country Drive. It was noted that the office portion of the building is proposed at 52% of the square footage area, and in no case will the office portion be less than 50 %. Biagini described the facade of the building pointing out that it will have a brick exterior and he has eliminated the overhead doors from the south side of the building from what was proposed earlier for Simon Delivers. He also indicated that he will have one or two exterior trash enclosures and these will be constructed from brick. Wojcik asked about parking requirements. The Planner noted that if the building is 50% office /50% warehouse, 43 parking stalls would be required. Parking requirements increase as the percentage of office space increases. The site plan shows 67 parking spaces. The Planner recommended that if parking along the Condit Street side of the property is not required, that it be eliminated and the landscaping buffer be widened to provide for more effective screening to the west. Biagini agreed with the Planner's recommendation with regard to parking. It was noted that a landscaped berm would be installed to provide for screening to the west. Biagini reported that he will be constructing the building for spec, and at this point is unsure as to the tenants and the office /warehouse mix. However, a minimum of 50% office space will be maintained and hopefully that percentage will increase. Page 41 MINUTES PLANNING COMNIISSION MAY 10, 2001 Jack Bougie, Condit Street, asked about access to Condit Street. Biagini pointed out that the existing landscape berm will be extended along Condit. While there may be access between parking lots to the C.I. Title building, there will not be driveway access to Condit. Biagini also pointed out that if the parking along the western edge of the site is eliminated, the landscape berm can be widened from 10 feet to 30 feet. Bougie asked if there will be wood chips on the berm. Biagini reported that a weed retardant fabric will be installed on the berm, both the existing portion and the new portion, and wood chips then installed. Biagini pointed out that the existing berm is too steep to mow, therefore, wood chips were installed. Biagini pointed out that the berm was installed to provide screening from headlights in the parking lot for the residential homes on the west side of Condit. Biagini discussed the type of tenants he will be trying to attract for the building and indicated that he will work to increase the office use to over 50% of the building. If the building is leased at 100% office, it will mirror the building to the south. The proposed building is single -story given the size of the land and parking and green area requirements. Duray pointed out the City Engineer's comments regarding elevations and grading plan as well as driveway width. Biagini indicated that he will comply with the requirements of the City Engineer, and indicated that 30- foot driveways will be necessary to accommodate truck traffic. Biagini also reported that he will comply with handicapped parking requirements. Roycraft recommended approval of the PUD Amendment as requested by Mr. Biagini for property at 2935 Country Drive subject to compliance with the recommendations of the City Planner and the City Engineer, subject to the City Engineer's approval of fill and grading plans, and indicating that 30 foot driveway widths appear to be reasonable. Motion seconded by Carson. Motion carried 6 — 0. VARIANCE - Tsgeroman Abraham, 2535 Stark Street, appeared before the Commission 2535 STARK requesting approval of a Variance from the 10 -foot setback requirement STREET — for side yard setback so that she can construct a garage 5 feet from her ABRAHAM side yard property line. Abraham pointed out that due to the placement of the house on the lot there is no way that a 10 -foot side yard setback could be met. Abraham indicated that she currently has no garage and would like to construct a 2 -car garage on her property. The proposed width of Page 42 Little Canada, Minnesota APPLICATION FORM I`.' 900 PAID Rec. No Comprehensive Plan Amendment Conditional Use Permit Zoning District Amendment —A— Variance Text Amendment Subdivision Other Planned Unit Development Plan Review Applicant TS oMA-AJ A R &H (Name) (Address) Owner r~ Cr Co ti-it/ A-13I-c 4 W-,q -j"ii (Name) (Address) Property Location (Street Address and Legal Description): 2 s k S f t:c_t (Phone) (6Q 4-2 6 029'7 (Phone) ,C/ . 9,--al o070 Description and /or Reason for Request (Cite Ordinance Sections): ( /4/rA ,--)G""c...∎ (0 74- c /0 • de ,, . ,47 S 7L5 << j ; 4 C // /f° In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- ing and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined le application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- ., expense. NHITE— Office CANARY— Customer PINK — file, GC Page 43 (Date) MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Mad Anderson Rick Montour 515 Little Canada Road. Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall @ci.little- canada.mn.us PROPOSAL: APPLICANT & PROPERTY OWNER: PROPERTY LOCATION: PLANNING CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING VARIANCE Request for a Variance from the Zoning Code requirement of 10 foot minimum side yard setback. The applicant is requesting a 5 foot side yard setback for a new garage. The property in question is zoned Single - Family Residential (R -1). Tsgeroman Abraham 2535 Stark Street Little Canada, MN 55117 2535 Stark Street Little Canada, MN 55117 COMMISSION: The Little Canada Planning Commission will be reviewing this matter at their Thursday, May 10, 2001 meeting. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, May 23, 2001 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, May 10, 2001 and during the City Council meeting on Wednesday, May 23, 2001. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 44 N1 04 ^(9 I AN ST a%�+14ViA fl4 Cq N1%tb k 7 AAPI T Sy +PJ Sti 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: May 7, 2001 RE: Little Canada - Abraham Garage Setback Variance FILE NO: 758.09 - 01.08 Background and Analysis Tsgeroman Abraham has applied for a variance to permit a five foot side setback for an attached garage on a parcel at 2535 Stark Street. Currently, the parcel has a house without a garage on the property. The existing home is setback more than fifty feet from the street. The existing home is forty feet wide, and is situated on the 75 foot wide parcel with a ten foot setback to the south, and a 24.5 foot setback to the north. The applicant is requesting a variance to permit the construction of a 19.5 foot wide by 24 foot deep garage on the north side, leaving a five foot setback, five feet short of the required 10 foot side yard. The zoning ordinance includes a provision that permits a five foot side yard setback on property in which the house was constructed prior to 1980 when the setback was changed from five feet to ten feet. This house was constructed a few years after that change. Variances are evaluated based on whether there is a physical hardship which interferes with reasonable use of the property. Typically, it is important to find that the proposed use is a reasonable one for the property in question. Second, it is then necessary to find that it is not practical or possible to locate the proposed use in a manner that is conforming with the zoning ordinance. The proposed use is an attached two car garage. No other garage exists on the site. The zoning ordinance states that room must be left on single family lots for a two car garage when a home is built. However, when this home was constructed in the early 1980s, limited space was provided to meet this standard. The applicant is requesting approval Page 45 to build a minimum width garage at 19.5 feet (20 feet is the common minimum dimension, and many two car garages are 22 to 24 feet in width). A detached garage would not practical on this parcel without major modifications to the existing home. The garage could not be located toward the front since it could not meet both the 30 foot setback and the six foot building separation requirement. Moreover, the City requires a Conditional Use Permit to locate garages in front of principal buildings, a less favored arrangement. A detached garage would also not fit to the rear due to conflicts with the building separation requirement and the 10 foot rear setback. Summary and Recommendation Because either of the alternatives would involve a detached garage and the need for other setback variances, planning staff believes that the attached proposal with the five foot side yard is justified as both more reasonable, and a preferred arrangement over the detached alternatives. In addition, the five foot side yard setback is a condition that exists on other single family lots, and would look more in character with the neighborhood. As such, we recommend approval of the five foot side yard setback variance to allow the construction of an attached garage as proposed on the attached site plan. cc: Kathy Glanzer Greg Schroeder Steve Westerhaus Terry Maurer Tsgeroman Abraham Page 46 OU-N T Y 2422.21 0-A -9 C O 0 ,1 • 1:3I1..o (V IP, r 2191a[7j6 53.1)312 Ir ;3I+7 8 0 0 ('57/0% / Rd)'`6 70 6) 110 - �A4(q])• to .1-261 24fd'J..' 1156)16 n 1 A1n 1 AI . 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PKG RE1=,1_ 1 211310191$14)6 5� 1..1 1 ... r 1 -N-T= 2 Gam! 10 14 13 9 2 3.51)0 lel ,1,3 06.21 8— MT Page 47 990.79 1 X13 G1y 1 l)J P 0 0 U 1— n a 0' 0'--- 4 470" 3f Prop- Line =t 74 64 Appwc, EUnDaz Dto. Exiwn,r, Zb'xvo' t 5i'0 *NOTE PRoi;o:.<u GARAbc 2S35 STARK S Prowlj L , F DIRrmlus a4 aS<.owA an.( SLu be corCo J by CeM,I Svcat. 5 t ARK s Page 48 &oPoc0 GAA16C x 24.,x.. JJIII `!A�1 x a9' b' IS /4(r :AU< IL D4 144- PLANNING REPORT northwest ssocipted consult8 TO: Little Canada Mayor and City Council FROM: Stephen Grittman DATE: 19 June 19861 RE: Thoe Garage Variance FILE NO: 758.09 - 86.19 ts, Inc. The applicant is requesting a variance to permit the construction of a garage within the required side yard setback. The purpose of this report is to clarify Zoning Ordinance requirements for such construction and the qualifications for a variance. Side yard setbacks in the R -1 district are 10 feet for both principal and accessory buildings. As an attached garage, the proposed structure is considered a part of the principal building. The applicant proposes to construct to within three feet of the property line. Until the Ordinance was amended in 1979, garages were permitted to within five feet of the property line. By City policy, any house constructed without a garage prior to that date has been permitted to build to the five foot line. However, any construction since that date has been required to conform to the 10 foot requirement. The applicant's house was constructed in 1981, therefore, the 10 foot requirement applies in this case. As such, a setback variance is required to locate the structure as proposed. The criteria for a variance is as follows: A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved: (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. • 4820 minnetonka DIvd., ste. 20 page 49 nn 55416 (612) 925 -9420 Little Canada Mayor and City Council 19 June 1986 Page Two (2) Special conditions and circumstances may not be primarily economic in nature. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. c. The special conditions and circumstances do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. e. A genuine hardship exists in complying with the literal terms of this Ordinance. It is our understanding that this application does not qualify under any of these items. We would recommend that the variance request not be approved and that the 10 foot setback requirement be enforced. cc: Joe Chlebeck Tom Sweeney Don Carley John Palacio Applicant Page 50 Agenda Item No. 1 Agenda Item No. 2 MINUTES OF THE REGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA June 25, 1986 Pursuant to due call and notice thereof a regular meeting of the Council of the City of Little Canada, Minnesota was held on the 25th day of June, 1986 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Mayor Michael Fahey chaired the meeting and called it to order at 7:30 P.M. and the following members of the Council were present at roll call: MEMBERS PRESENT: Mayor Councilman Councilwoman Councilwoman MEMBERS ABSENT: Councilman ALSO PRESENT: City Clerk Consulting Engineer City Attorney City Planner Recording Secretary Mr. Michael Fahey Mr. Rick Collova Mrs. Beverly Scalze Ms. Mugs Nardini Mr. William Blesener Mr. Joseph Chlebeck Mr. Donald Carley Mr. Thomas Sweeney Mr. Steve Grittman Mrs. Kathleen Glanzer Approval Ms. Nardini indicated that the following corrections should be made Of The to the June 11 Regular Council Meeting Minutes: Minutes On page 10, last paragraph, "County Road D" should be Agenda corrected to "County Road C "; Item No. 3 Carl Thoe Garage Setback Variance Agenda Item No. 4 On page 14, 4th paragraph "east of DeSoto" should be corrected to "west of DeSoto ". Ms. Nardini introduced the following resolution and moved its adoption: RESOLUTION NO. 86 -6 -258 - APPROVING THE MINUTES OF THE JUNE 11, 1986 REGULAR COUNCIL MEETING WITH THE OUTLINED CORRECTIONS The foregoing resolution was duly seconded by Mr. Collova. Ayes (4) Nardini, Collova, Scalze, Fahey. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 15, Page 259. Mr. and Mrs. Carl Thoe appeared before the Council requesting approval to build a garage on their property at 2535 Stark Street three feet from the property line. Page 51 MINUTES City Council June 25, 1986 Thoe Mr. Fahey pointed out that the Planning Commission voted to deny Variance the variance request as there was no hardship present. The Planner (Cont.) also recommended denial of the variance. Mr. Thoe asked what constituted a hardship. Fahey pointed out that a hardship cannot be financial, nor due to the placement of the house on the property if there would have been adequate room for a garage if the house had been placed differently. Mrs. Scalze pointed out that the garage could be constructed behind the house without the necessity of a variance. Mr. Thoe stated that he wanted an attached garage and pointed out that there is a ridge in his backyard that would make placement of the garage difficult. Mrs. Thoe reported that there are two other houses in the area that have garages that are not 10 feet from the property line. Fahey stated that at one time the Code allowed garages 5 feet from the property line, but it was changed in 1979. Fahey stated that to his knowledge, no variances for garage setbacks were granted in this area. Bob Kirek, 2541 Stark Street, stated that the Huonder garage is not 10 feet from the property line, but this was something that the contracter for the house did. Scalze reported that she has discussed situations like this with the current Building Inspector, and it was his feeling that two wrongs do not make a right. Ms. Nardini introduced the following resolution and moved its adoption: RESOLUTION NO. 86 -6 -259 - CLOSING THE PUBLIC HEARING ON THE CARL THOE REQUEST FOR A GARAGE SIDEYARD SETBACK VARIANCE The foregoing resolution was duly seconded by Mr. Fahey. Ayes (4) Nardini, Fahey, Scalze, Collova. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No 15, Page 260. Ms. Nardini introduced the following resolution and moved its adoption: RESOLUTION NO. 86 -6 -260 - DENYING THE CARL THOE SIDEYARD SETBACK VARIANCE FOR CONSTRUCTION OF A GARAGE THREE FEET FROM THE PROPERTY LINE Page 52 MINUTES City Council June 25, 1986 Thoe Variance (Cont.) Barrett Property Division Agenda Item No. 7 BASED ON THE RECOMMENDATION OF THE PLANNING COMMISSION AND THE RECOMMENDATION OF THE CITY PLANNER AND DUE TO THE LACK OF A HARDSHIP The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (4) Nardini, Fahey, Scalze, Collova. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 15, Page 261. Mr. Fahey pointed out the recommendation of the Planning Commission with regard to the Barrett property division request. Mr. Barrett is requesting approval of the division of his property located at LaBore Road and County Road D into two lots. Barrett stated that he was willing to comply with the recommendations of the Planner and Planning Commission for removal of the existing concrete garage. Mrs. Scalze asked if there was adequate room between the existing house and lot line to construct a garage without a variance. The Planner pointed out that there is adequate room for a garage as there are 45 feet between the lot line and existing house. Scalze pointed out that the Engineer will have to review the proposal and make a recommendation on drainage and utility easements. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 86 -6 -261 - APPROVING THE BARRETT PROPERTY DIVISION AS REQUESTED SUBJECT TO THE CONDITION THAT NO VARIANCE WILL BE GRANTED FOR A GARAGE FOR THE EXISTING HOUSE AND SUBJECT TO THE CONCRETE GARAGE ON LOT A BEING ALLOWED TO REMAIN FOR A PERIOD OF SIX MONTHS OR UNTIL AN OCCUPANCY PERMIT IS ISSUED FOR A NEW HOME ON LOT A, WHICHEVER IS SOONER, BASED ON THE APPLICANT'S COMPLIANCE 'WITH THE RECOMMENDATIONS OF THE CITY PLANNER AND THE RECOMMENDATIONS OF THE CITY ENGINEER IN SO FAR AS DRAINAGE AND UTILITY EASEMENTS ARE CONCERNED The foregoing resolution was duly seconded by Ms. Nardini. Ayes (4) Scalze, Nardini, Collova, Fahey. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 15, Page 262. Page 53 MINUTES PLANNING COMMISSION MAX 10, 2001 Jack Bougie, Condit Street, asked about access to Condit Street. Biagini pointed out that the existing landscape berm will be extended along Condit. While there may be access between parking lots to the C.I. Title building, there will not be driveway access to Condit. Biagini also pointed out that if the parking along the western edge of the site is eliminated, the landscape berm can be widened from 10 feet to 30 feet. Bougie asked if there will be wood chips on the berm. Biagini reported that a weed retardant fabric will be installed on the berm, both the existing portion and the new portion, and wood chips then installed. Biagini pointed out that the existing berm is too steep to mow, therefore, wood chips were installed. Biagini pointed out that the berm was installed to provide screening from headlights in the parking lot for the residential homes on the west side of Condit. Biagini discussed the type of tenants he will be trying to attract for the building and indicated that he will work to increase the office use to over 50% of the building. If the building is leased at 100% office, it will mirror the building to the south. The proposed building is single -story given the size of the and and parking and green area requirements. Duray pointed out the City Engineer's comments regarding elevations and grading plan as well as driveway width. Biagini indicated that he will comply with the requirements of the City Engineer, and indicated that 30- foot driveways will be necessary to accommodate truck traffic. Biagini also reported that he will comply with handicapped parking requirements. Roycraft recommended approval of the PUD Amendment as requested by Mr. Biagini for property at 2935 Country Drive subject to compliance with the recommendations of the City Planner and the City Engineer, subject to the City Engineer's approval of fill and grading plans, and indicating that 30 foot driveway widths appear to be reasonable. Motion seconded by Carson. Motion carried 6 — 0. VARIANCE - Tsgeroman Abraham, 2535 Stark Street, appeared before the Commission 2535 STARK requesting approval of a Variance from the 10 -foot setback requirement STREET — for side yard setback so that she can construct a garage 5 feet from her ABRAHAM side yard property line. Abraham pointed out that due to the placement of the house on the lot there is no way that a 10 -foot side yard setback could be met. Abraham indicated that she currently has no garage and would like to construct a 2 -car garage on her property. The proposed width of Page 54 MINUTES PLANNING COMMISSION MAY 10, 2001 the garage is 19 feet 6 inches, which is the minimum width for a two -car garage. Keis pointed out that in order to justify the granting of a variance, a hardship must be present. Keis noted that the original owner placed the house on the property in such a way as to preclude the construction of a garage without a variance. Either the house should have been placed differently or another style of house constructed so that a variance would not be necessary. Duray asked if the garage could be made smaller so that a variance would not be necessary. Abraham replied that to meet the 10 -foot setback requirement, the width would be limited to a 1 -1 -car garage. Keis suggested that a two -car garage could be constructed if the garage stalls ran front to back rather than side -by -side. Abraham felt that this would be undesirable from an appearance standpoint. Jerome Kostelecky, 2541 Stark Street, indicated that he opposed the variance. Kostelecky stated that a garage that close to the property line would destroy the view from their south window and would have an adverse effect on the resale value of their home. Mrs. Kostelecky felt that the spacing between the home would not be proportionate to what exists in the neighborhood. Keis pointed out that if the garage were placed 10 feet from the property line rather than 5 feet, a variance would not be necessary and a building permit would be issued. Keis questioned the impact on the view with a garage 10 feet from the line versus 5 feet. Carson questioned the impact to the neighbors if Mrs. Abraham constructed a garage with the stalls front to back pointing out that the garage would have a much longer presence along the shared property line. Carson felt a 14 -foot by 40 -foot garage would not be aesthetically pleasing for the neighborhood. Kostelecky stated that they would rather a smaller garage than a deeper garage. Mrs. Abraham's daughter commented that she can understand the concern about the view, but pointed out that getting vehicles, bikes, and lawn equipment would also improve the view. The daughter indicated that the hardship is the fact that there are no other options for construction of a two -car garage on the property. Page 55 MINUTES PLANNING COMMISSION MAY 10, 2001 Mr. Kostetecky pointed out that there was a similar setback variance request made a number of years ago and it was denied. The Planner replied that that was correct. The previous request was for a garage with a 3 -foot setback from the property line. Terry Smith, 2536 Stark Street, stated that he did not oppose a garage being constructed at 2535 Stark Street as long as the garage meets the City's setback requirements. Smith agreed with the comment made earlier that if the house had been located properly to begin with, a garage meeting setback requirements could have been constructed. Abraham noted that a variance can be granted when there are special conditions and circumstances present. Keis pointed out that when someone purchases a house, it is their responsibility to check things out very carefully. Wojcik noted that there are houses on Stark Street that were built prior to 1981 that have five -foot setbacks. It was noted that until the Code was changed in 1979, garages could be constructed up to five feet from the property line. Wojcik suggested that while it might require a Variance to allow the five -foot setback, he suggested that it might be fair in this case given the other homes in the area with five -foot setbacks. Roycraft suggested that in considering whether or not there is a hardship, the Commission should consider both the past and the present relative to Code requirements. It was noted that only the Abraham house and one other on the street do not have garages. Therefore, given there are only two houses that might be impacted by the change in setback requirements, it would seem reasonable to grant the variance. Wojcik asked the impact of granting this variance on other properties in the City. The City Planner replied that the impact decreases if there are conditions that can be tied to this property that would preclude other properties or limit the number of properties impacted. However, once a variance is granted, if other properties meet the same conditions, then it would be reasonable to approve the same variance for these properties. The Planner suggested that one unique factor is that there are a number of varying setbacks in this particular neighborhood. Therefore, a five -foot setback would not be out of character for the neighborhood. Mrs. Kostelecki pointed out that if the variance is approved, the overhang for the garage would encroach into the five -foot setback. The City Planner stated that overhangs can encroach into a setback up to two feet. He suggested that a condition could be placed on an approval limiting the encroachment from the overhang. The Planner suggested that a hip roof Page 56 MINUTES PLANNING COMMISSION MAY 10, 2001 for that portion of the garage facing the neighbor's property might be a good solution. There was discussion about increased run -off from the roof. The Planner noted that the property owner is required to provide for drainage, and drainage cannot have an impact their neighbor's property. Keis asked about the existing slab on the Abraham property. Mrs. Abraham replied that the existing slab would be removed and replaced with a new one for the garage. Duray stated that he did not feel the criteria for a hardship was met and was concerned about the precedent that would be set. Duray suggested that a one -car garage be constructed. The City Planner pointed out that one criteria for a hardship is whether the property can be put to a reasonable use. The Planner indicated that the issue the Commission is struggling with is whether a two -car garage is a reasonable use or whether a one -car garage is a reasonable use. The Planner indicated that the City has a lot of latitude in defining what a reasonable use is for the community. Carson felt that the entire neighborhood would be more valuable if the homes had two car garages. Roycraft recommended approval of the Variance from the Zoning Code requirement of 10 foot minimum side yard setback allowing a new garage with a 5 foot side yard setback at 2535 Stark Street as requested by Tsgeroman Abraham subject to the overhang for the roof being minimized and a hip roof being installed on the side of the garage facing the neighbors, and based on the fact that there is a mix of setbacks in this neighborhood which results in a 5 foot setback not being out of character in this neighborhood, that the garage to be constructed is 19 feet, 6 inches wide which is the smallest dimension possible for a standard two car garage, based on the fact that prior to the Code being changed in 1979 5 foot setbacks were allowed. Motion seconded by Wojcik. Motion carried 4 to 2. Duray and Keis voted against. ADJOURN Carson recommended that the meeting be adjourned. Motion seconded by Barraclough. Page 57 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766 -4029 / FAX: (651) 766 -4048 Email: cityhall @ci.Iittle - canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Deputy Clerk DATE: May 18, 2001 RE: Little Canada Fire Department Gambling License Renewal Premises Permit Renewal — Gordies' Place Premises Permit Renewal — Hoggsbreath License Period August 1, 2001 through July 31, 2003 MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour ADMINISTRATOR Joel R. Hanson The Little Canada Fire Department has applied for renewal of their Gambling License and Premises Permits as outlined above. All submissions are in order, Sheriff's background checks are satisfactory, and 10% payments have been paid. Therefore, staff recommended approval of the renewals as requested by the Little Canada Fire Department. Page 58 lvamUllug Luulrui 041a1U Premises Permit Renewal Application LG214PPR Printed: 3/5/2001 Amt. Pd Check 4 Dace License Number:B- 00864 -005 Effective Date: 8/1/1999 Expiration Date: 7/31/2001 Name of Organization: Fire Little Canada Vol Fi-re Dept. Gambling Premises Information Name of the establishment where gambling will be conducted Gordies Place Inc 201 E Little Canada Rd Little Canada, MN 55117 County: Ramsey Note: Our records show the premises is located within the city limits Gordies Place Inc 201 E Little Canada Rd Little Canada, MN 55117 Name of the property owner (If different): Lessor Information Square footage leased per month: Rent paid per month: Square footage leased per bingo occasion: Rent paid per bingo occasion: 33 1,000 Bingo Activity Our records indicate that Bingo is not conducted on these premises. Storage Information 325 E Little Canada Rd. Little Canada, MN. 55117 201 E. Little Canada Rd. Little Canada, Mn, 55117 Firstar Bank of Mn. ST. PAUL, MN. 55101-- ARDEN HILLS.OFFICE. Bank Information Gambling Bank Account Number: 17 3 442 - 771 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title Robert G. Johnson 2442 Rice St. #178 LITTLM CANADA MN.551T3 Gambling Manage_ Jim Morelan 451 Eli Road Little Canada,MN CEO /Fire Chief D31i/ (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 60 Page I of 2 (Continued on Back) Acknowledgment Page 2 oft_ Gambling Site Authorization I hereby consent that Local law enforcement offices. me board or agents of the board. or the commissioner of revenue or public safety or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. Organization License Authorization I hereby authorize the Gambling Control Board to modify the class of organization license to be consistent with the class of permit being applied for. Oath I declare that: I. 1 have read this application and all information submitted to the board is Inc. accurate, and complete; 2. all other required information has been fully disclosed: 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all aativities to be conducted: 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. any changes in application information will be submitted to the board and local unit of government within ten days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Signature of the chief executive officer (Designee may not sign) Date Local Unit of Government Acknowledgment and Approval — Ii"itthcgambhn>�premisesis within: tarty itmtta;,thcctty-mtsscstgatttus. a cauon:an 'nand mreS0 11 on- , _... On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located within Print name of ciry the city's jurisdiction. and that a resolution specificity approving or denying the application will be forwarded to the applying organization. Signature of city personnel receiving application Tide Date =gam • • • g.prmvsest Mt= in:. • • .. .. dal. ccotmtvjan • - to • • Ixmu • • gni.. • YiHaM. c's",bYtcrtel 3 TGrcaixmymus4'pmv ;dcatcso""`T ho can.. For the •ownshim; On behalf of the township, 1 acimowiedge that the organization is applying to conduct lawful gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. see 349.213, subd. 2). Print name of township Signature of township official receiving application Tide Date For the county On behalf of the county, Ihereby acimowledge this application for lawnil gambling activity at the premises located within the county's jurisdiction, and that a resolution specifically approving or denying tilt application will be forwarded to the applying organization. Print name of county Signature of county personnel receiving application Tide Dare The inform ation requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to mfuse to supply the information requested; however, if you refuse to supply this infonnadon, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your name and address will be public information when received by the Board. All the otter information that you provide will be private data about you until the Scald issues your license. When the Board issues your license, ail of the information that you have provided to the Board in the process of applying for your license will become public. lithe Board does not issue you a license, all the information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board mambas, staff of the Page 61 Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety: me Minnesota Attorney General; the Minnesota Commissioners of Administration. Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies: anyone pursuant to court order, other individuals and agencies that are specifically authorized by state or federal law to have access to the information: individuals and agencies for which law or legal order authorizes anew use or sharing of Minnesota Lawful Gambling Lease for Pull -Tab, Paddlewheel, Ti board, and/or Raffle Activity - LG221 Name of Legal Owner of Premises Street Address City State Zip Daytime Phone Gordie's INC. 201 E. tittle Canada Rd. L.C. Mn.55117 651- 484 -46<. Name of Lessor Street Address City State Zip Daytime Phone (If same as legal owner, write in "SAME ") SAME Name of Leased Premises Street Address City Zip Daytime Phone GORDIE'S PLACE 201 E. L.C. RD. LITTLE CANADA,MN. 55117 651- 484 -4692 Name of Lessee (name of organization leasing the premises) GCS license no. of organization Daytime Phone LITTLE CANADA VOLUNTEER EIRE DEPT. 13_00864 -005 651 - 766 -4057 Rent Information • Total rent cannot exceed $1,000 per month for all non -bingo activity for this premises. • For bingo activity, use lease form LG222. • For pull -tab dispensing machines, use lease form LG223. • An organization may•not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid per month $ 1000.00 (if no rent is to be paid, indicate -0-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. Dimensions The leased areas are: 3 6 feet by 3 feet by 5 feet by Storage feet by Storage feet by For Premises Permit Renewal Applications Only: If no changes have been made at the site, you do not have to complete this section or provide a sketch. feet for a total of 18 square feet. feet for a total of 15 square feet. feet for a total of square feet. feet for a total of square feet. feet for a total of square feet. Combined total 33 square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. x Paddlewheels Pull-Tabs Raffles Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board, unless terminated sooner by mutual consent of the lessor and lessee. If this is an amended lease showing changes occur- ring during the term of the current premises permit, write in the date that the changes will be effective _. Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651 -639- 4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request. Hearing impaired individuals using a TTY may call the Minnesota Relay Service at 1-800- 627 -3529 and ask to place a call to 651- 639 -4000. 2 The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Page 1 of 2 1/99 Page 62 Lease for Pull -Tab, Paddlewheel, Tipboard, and /or Raffle Activity - LG221 LESSOR PROHIBITIONS Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. Illegal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 2. To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 3. Notwithstanding Minnesota Rules, part 7861.0050, subp. 3, an organization must continue making rent payments, pursuant to the terms of the lease if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules, part 7861.0050, subpart 1, or Minnesota Statutes, section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. 4. The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the board the occurrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions 1. The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling - related equipment and services or in the use of net profits for lawful purposes. 2. The lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. 3. If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. 4. The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed on this lease. Arbitration Process The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the CRG. ACCESS TO PERMITTED PREMISES State of Minnesota and Law Enforcement The board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. Organization The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. LESSOR RECORDS MAINTAINED The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3 -1/2 years. OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull -tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling Control Board ten days prior to the effective date of the change. Signature of Lessor Date Signature of 0 .a izati.. t6fficial (Lessee) Date r ;chdfn ( /i 0SSGCii( V)CF Et Rob &v -1-G- 3c.v\ u<:,,,,_ 1.NI. Pnnt Name and Title of Lessor Print Name and Title of Lessee age 2 of 2 1/99 Page 63 Gambling Control Board Premises Permit Renewal Application LG214PPR Printed: 3/512001. Amc. Pd Check d Date License Number3-00864 -003 Effective Date: 8/1/1999 Expiration Date: 7/31/2001 Name of Organization: Fire Little Canada Vol r^ ^ire Dept. Gambling Premises Information Name of the establishment where gambling will be conducted Hoggsbreath Bar & Restaurant 2504 N Rice St Little Canada,MN 55113 County: Ramsey Note: Our records show the premises is located within the city limits Hoggsbreath Enterprises Inc 2504 N Rice St Little Canada, MIN 55113 Name of the property owner (If different): Lessor Information Square footage leased per month: Rent paid per month: Square footage leased per bingo occasion: Rent paid per bingo occasion: 24 1,000 Bingo Activity Our records indicate that Bingo is not conducted on these premises. Storage Information 325 E. Little Canada Rd. Little Canada, Mn. 55117 2504 Rice St. Little Canada, Mn. 55113 Bank Information Firstar Sank of MINNESOTA, N.A. Gambling Bank St. Paul, MN. 55101 ARDEN HILLS OFFICE On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Account Number: 173442 771. ess City, State, Zip Code Title Robert G. Johnson 2442 Rice St. *178 Little Canada,MN Gambling Manage_ 55113 Jim Morelan 451 Eli Rd. Little Canada,MN CEO /Fire Chief (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request Page 64 Page 1 of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization I herby consent that local law enforcement officers. the board or agents of the board or the commissioner of revenue or public safety or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements ofcurrent gambling rules and law. Organization License Authorization I hereby authorize the Gambling Control Board to modify the class of organization license to be consistent with the class of permit being applied for. Oath 1 declare than 1. I have read this application and all information submitted to the board is true. arcuate, and complete 2. all other required information has been fully disclosed: 3. I am the chief executive officer of the organization: 4. ( assume dill responsibility for the fair and lawful operation of all activities to be arnducted: 5. ( will familiarize myself with the laws of Minnesota governing lawful gambling and odes of the board and agree, if licensed to abide by those laws and rides, including amendments to them: 6. any changes in application information will be submitted to the board and local unit of government widen tat days of the change, and 7. I understand that failure to provide required information or providing false or misleading information may resat in the denial or revocation of the license. gnature of the chief executive officer (Designee may na sign) Date Local Unit of Government Acicnowiedgment and Approval .e:aam. a $•premtsesinn . =car mutSa' Ccltsemustsl$L r 'alliIlcanon:and= prom mraolutton__._. ...� On behalf of the city, thereby acleiowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Print name of city Signature of city personnel receiving application Tide Date ri£t&e gambhngiprem >.ses:asJocareduxattownshi "lido.exa.w�...�tre ylt1 On :.. .. rlIIiyYSltls�pr0. , - •" exthesountgand:icwnshm,mus sty` tramapplicano For the township- On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township Signanat of township official receiving application Tide Date For the countr On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the cowtys jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization Print name of cowry Signature of county personnel receiving application Tide Date The information requested on this farm (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background invesngation of you. You have the right to refuse to supply the information requested: however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested. the Board will be able co process your application. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in the prows of applying for your license will become public. If the Board does not issue you a license, all the information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following Board members, staff of the Page 65 Board whose work assignment requires that they have access to the information: the Minnesota Department of Public Safety, the Minnesota Ahamey General: :he Minnesota Commissioners of Administration, France, and Revenue: the Minnesota Legislative • Auditor, national and international gambling regulatory agendem anyone pusuant to court order, other individuals and agencies that re specifically authorized by state or federal law to have access to the information: individuals and agenda for which law or legal order authorizes a new use or sharing of Minnesota Lawful Gambling -Tab, Paddlewheel, Ti board and/or Raffle Activity - LG221 Name of Leeggal Owner of Premises Street Address City �p, rPaytime Phone HOGGSBREATH ENTERPRISES, INC. 2504 Rice St. LittS� C7pg ,`o i -484 -706 Name of Lessor Street Address Of same as legal owner, write in "SAME ") SAME City State Zip Daytime Phone Name of Leased Premises Street Address 2504 Hoggsbreath Bar &Restaurant City Zip R LittleToanada,55113 Daytime Phone 651 -484 -7067 Name of Lessee (name of organization leasing the premises) GCS license no. of organization Little Canada Volunteer Fire Dept. B- 00864 -003 651- Daytime Phone 766 -5057 Rent Information • Total rent cannot exceed $1,000 per month for all non -bingo activity for this premises. • For bingo activity, use lease form LG222. • For pull -tab dispensing machines, use lease form LG223. • An organization may•not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid per month $ 1000.00 (If no rent is to be paid. indicate -0-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. Dimensions 4 The leased areas are: Storage Storage feet by feet by feet by feet by feet by 6 For Premises Permit Renewal Applications Only: If no changes have been made at the site, you do not have to complete this section or provide a sketch. feet for a total of feet for a total of feet for a total of feet for a total of feet for a total of Combined total 24 24 square feet. square feet. square feet. square feet. square feet. square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. Paddlewheels Pull -Tabs Raffles X Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board, unless terminated sooner by mutual consent of the lessor and lessee. If this is an amended lease showing changes occur- ring during the term of the current premises permit, write in the date that the changes will be effective . Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651 -639- 4000, This publication will be made available in alternative format (i.e. large print, Braille) upon request. Hearing impaired individuals using a TTY may call the Minnesota Relay Service at 1 -800- 627 -3529 and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Page 1 of 2 1/99 Page 66 Lease for Pull -Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 LESSOR PROHIBITIONS Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. Illegal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 2. To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 3. Notwithstanding Minnesota Rules, part 7861.0050, subp. 3, an organization must continue making rent payments, pursuant to the terms of the lease if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules, part 7861.0050, subpart 1, or Minnesota Statutes, section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. 4. The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the board the occurrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions 1. The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling - related equipment and services or in the use of net profits for lawful purposes. 2. The lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that wouid violate statute or rule. 3. If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. 4. The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed on this lease. Arbitration Process The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the CRG. ACCESS TO PERMITTED PREMISES State of Minnesota and Law Enforcement The board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. Organization The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. LESSOR RECORDS MAINTAINED The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3 -1/2 years. OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. . (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) $250.00 paid to Waste Management for trash removal This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull -tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling Control Board ten days prior to the effective date of the change. ,) 4. \N.: 6 1 -c 4 -c I t Signature of Lessor /� '� Date Signature of Or"ga" n on Official (Lessee) Date ./ 'C'd'l7a A..1 liIrcc \/ Pry/ & li%C�`:.i/ �^.. --to &itA d✓l. J' 47. -C, Title Less Print Name and Title of Lessee Print Name and of r - 1/99 Page 67 Internal Controls Form - LG201 Page 2 of 3 4/99 Organization name License number Membership Responsibilities. An organization's membership is responsible for providing oversight of the gambling operations, approving all expenditures from the gambling account, and participating in the gambling operation. List who does what. Prepares monthly gambling report to membership (optional form Monthly Gambling Report to Member- ship - LG1004). Name Title Audits gambling bankdeposits(compare to closed game and verity deposit on bank statement). (May not be the person who prepared the bank deposits.) Name Title LIkcic, 04.1/44Qij Ensures that membership gives prior authorization for all gambling expenditures. Name Title Audits closed games. (May not be the seller.) Name Title 1'V.. Yv\GZ- Y»` CUC 2-inc.kk, Records in organization meeting minutes the monthly gambling report and authorization of expenditures. Name Title Investigates and resolves cash variances (shortages). Name Title Authorized to sign checks from the gambling account. (At least two members' signatures. May not be the treasurer of organization funds.) Name Title ,�. ■\co,, eeti, Reconciles and resolves any profit carryover variances. Name Title Q- tcs 1`�:.h --;illy.,, C. h.` Keeps perpetual inventory records. (Must be someone other than the person(s) who conduct(s) the physical inventory.) Name Cc`\y4.`J Title Limes ,:„.. A At Prepares and verifies accuracy of reports submitted to the Department of Revenue and the Gambling Control Board. Name Title c. k:.s Conducts the physical inventory, going to the site(s) to actually count the inventory. Name Tide �b.-.b -S w:x. -. C-. Determines and verifies the organization's compliance with expense calculations. Name Title J ol,___hm.¢V1c\' -- ::.\ -. <:� c ,Av C CICkS Prepares gambling bank deposits. Name Title Handles fund losses of missing inventory, tickets, and /or receipts for games in play. Name Title '— '..,` x;al ..—_ Page 73 Internal Controls Form - LG201 Page 3 of 3 4/99 Organization name License number Chief Executive Officer The chief executive officer (CEO) is responsible for the following: • Statutes and rules. Knowing the lawful gambling statutes and rules and following them. • Information is accurate and updated. Making sure that all information in applications and other documents is true, accurate, and complete; and notifying the Board of any changes in application information. Authorizing access. Authorizing the Gambling Control Board access to your organization's records, gambling premises, and gambling bank accounts. Internal controls (operations). Along with the gambling manager, developing internal controls to protect your organization's gambling assets and maintain proper accounting. Monthly meetings. Presiding over organization meetings where the expenditure of gambling profits and gambling issues are considered; and verifying that the gambling report is completed. Tax returns and •reports. Assuring the accuracy of the Monthly Summary and Tax Return G -1 and attachments, and the monthly Schedule C/D LG1010 with only authorized and approved lawful purpose contributions and allowable expenses; and signing the returns. Key areas for oversight. It is recommended that the CEO oversee the following - -with help from the organization's membership: 1. Membership meeting minutes 2. Inventory 3. Deposits 4. Auditing closed games 5. Cash variances (shortages) 6. Profit carryover reconciliation 7. Monthly reports 8. Expense calculations 9. Fund losses CEO Signature verify that a written system of internal controls has been established, implemented, and will be available for review, and that any changes on page 2 of this form will be submitted to the Gambling Control Board within ten days of the change. Date /em /G/ When to Use This Form • Submit with the Organization License Application Form LG200A, or • Submit within ten days of any change in informa- tion. Mail to Send the completed form to: Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Braille) upon request. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1 -800- 627 -3529 and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compli- ance with Minnesota statutes and rules governing lawful gambling activities. Page 74 Minnesota Lawful Gambling Lawful Gambling Compensation Schedule - LG205 5/00 Organization name License number L_‘‘M. o. Cc v C.&.c)., \.)c_\w.de-c-c.& -kze gip \-. Z-: - C_ c4..2 H Business address of organization (do not use address of gambling manager) Street City State/Zip code I 5 L\ Q C rc clq ZCICC1 L -1icc (z c cic\ PI N ST, 11 S Name of chief executive officer Business phone number S ■Nt'`r \LLS ite-Q- c_ \c)y (LSi ) .1(.-4) - 4ic Compensation Schedule • Compensation means wages, salaries, and all other forms of payment for services rendered in the conduct of lawful gambling. • Do not include wages paid to employees who do not participate in the conduct of gambling, (i.e., bookkeepers, accountants, attorneys). • If no wages are paid, state "No compensation paid ", sign the LG205, and attach it to the LG200A application. • When submitting an updated compensation schedule with changes, be sure to include the wages for all positions. Position Amount to he Paid For All Employees Enter the minimum and maximum wage of each position listed If employees are not paid (volunteers), indicate $0. Minimum Maximum and check the appropriate box. Check appropriate box: Per Occasions Hourly Dally Weekly Monthly Other (specify) , Gambling Manager S %�` $ 1, VLh . X ady.;.,akn4aie aRtsee46 Manage S 1x`:e S I•' Qc !` BINGO: Caller $ $ Checker(s) S $ Sales - paper $ S Collectors (hard cards) $ S Other (identify): $ $ $ $ OTHER THAN BINGO: Seller $ Le .7:'C.;" /4. l :0 k Seller S $ Other (identify): i+L 1-i . •ni.■%1SCZ_ s IiCc:c s ILL' Signature I affirm that the lawful gambling compensation schedule for o nization. Any changes in the compensation schedule will all employees is accurate and has been approved by our be submitted to the Board within ten days of the change. I '_' / / V./ moo/ ,�.- ,,,-,_-. % .� lGhief executive officees signature Date Mail to: Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 This form will be made available in alternative format (i,e. large print, Braille) upon request. If you use a TTY you can call us by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to 651.6394000. The information requested on this form will become oublic information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules goveming lawful gambling activities. Page 75 Little Canada Fire Department, Inc. 325 Little Canada Road Phone & Fax Little Canada, Minnesota 55117 (651) 766- 4057 Lawful Gambling Compensation Schedule Hoggsbreath (8 -00864 -003) Gambling Manager Administrative Assistant Pulltab Supervisor Pulltab Seller Effective Mav 2001 $650.00 / Month $12.90/Hour $9.00 - $10.00/ Hour $6.50- $10.00 /Hour Gordie's Place (B -00864 -005) Gambling Manager $650.00 /Month Pulltab Supervisor $1250.00 /Month &:Fames Morelan Fire Chief Page 76 T Little Canada t , Fire Department, Inc.'% May 14, 2001 Ms. Kathy Glanzer Administrative Assistant City of Little Canada 515 Little Canada Road Little Canada, MN. 55117 -1600 RE: Renewal of Premise Permits 325 Little Canada Road Phone & Fax Little Canada, Minnesota 55117 (651) 766- 4057 To the best of our knowledge, no officer, director, employee, member or consultant of our organization has been convicted in a state or federal court of a felony or gross misdemeanor within five (5) years immediately prior to the issuance of the license or has ever been convicted of a crime involving gambling or has had a license issued by the Board of Director revoked for violation of Law or Board Rule regulating lawful gambling. James Morelan Fire Chief Page 77 Little Canada Fire Department, Inc. May 14, 2001 Ms. Kathy Glanzer Administrative Assistant City of Little Canada 515 Little Canada Road Little Canada, MN. 55117 -1600 RE: Renewal of Premise Permits 325 Little Canada Road Phone & Fax Little Canada, Minnesota 55117 (651) 766- 4057 To the best of our knowledge, almost one hundred (100 %) of the net profits from lawful gambling of our organization has been expended on lawful purposes conducted within the trade area of Little Canada as defined in City Ordinance 815:040. Thus, we believe we are in full compliance with the ordinance. f_ , !ice"! James Morelan FireChief Page 78 Little Canada /, Fire Department, Inc. 325 Little Canada Road Phone & Fax Little Canada, Minnesota 55117 (651) 766- 4057 Little Canada Volunteer Fire Dept. Procedures of Receipts and Expenditures Gross Receipts from lawful gambling are separated by each site and by the type of receipt and are reported to the Membership of this organization at its regular monthly meeting. Gambling proceeds are completely separated from other revenues of the organization. Deposit records detail the type of receipt (Bingo, deal or game), site, license number, and date. Deposits are made within four (4) business days of completion of the game. A Deposit Register is maintained for each site and are verified at the end of each month against the bank statements and Monthly Tax Reports. The reconciled bank statements, monthly tax reports and deposit registers are reported to the Membership and are recorded in the minutes of the regular monthly membership meeting of the organization. Checks from Gross Profit from lawful gambling require two (2) signatures. All expenditures from Gross Profit from lawful gambling are reported to and authorized by the Membership of this organization at its regular monthly meeting and are recorded in the minutes itemized as to date, check number, payee, purpose, and amount. Page 79 STORAGE INFORMATION FOR LITTLE CANADA VOLUNTEER FIRE DEPARTMENT Gordies Place Inc. 325 East Little Road Little Canada, MN 55117 201 East Little Canada Road Little Canada, MIN 55117 Hogasbreath Bar and Restaurant 325 Little Canada Road Little Canada, MN 55117 2504 Rice Street Little Canada, MN 55113 Page 80 MINNESOTA Department of Revenue Organization name License number Little Canada Volunteer Fire Dept B -00864 ° a. a" a °I ° c v 5 7 G - u 2 V n 1 8 0 ` N 3 ^ L a - ^ V pQv O L ° o a = - o o SI L 3c� a 4 9 _ _ 0 C -0 C C° m E <? ° u r C' i• (0 N. 0) 0) O N 0) O) CO C- O co N 0) 99,463.841 I-. 0) 0 0 to 0 96,279.651 98,606.03 V' M C' (0 0) co CO O 0) to 0 r 105,459.34 105,459.34 105,459.3 G - -^ o C - c E 2) = °c o _ m w CO r r C' 6) m O r C' I`. c0 N 0 O) 0) CO N 0) 0 0) 96,236.43 99,463.84 f- 0) O 0 to c0 0) In c0 0 N- N O 0) 98,606.03 C' co '21; CO 0) 0) 104,598.36 105,459.34 105,459.34 1-1 --imitator-- column G from column F 1,826.231 160.78 l5,308.24 3,227.41 (2,953.84 (230.32) CO (0 (NE CO CV- 708.31 5,284.02 860.98 0 0 O 0 0 O WAIT G r Tbtui- allowablc expenses from line 36 of your form G -1 12,343.771 CV N C) ti CV- r 13,555.76 13,073.59 CO r N r CO 0 r r 13,346.62 1 13,737.69 0) 0) C' r 0 C• CO r 0 O 0 O U W LLB E ° ^ E NEwJ 40 U 0 O O r ,r- r 12,954.00 18,864.00 0 O 0 CO (0 11,288.001 13,910.00 0 0 I- CO n r 14,446 00 0 0 O N 0 r 13,125 00 0.00 0 0 O WEE .e a..0 a V. G ? T„ — 'E 3 r g 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O ;,= u 2�T C 0 C ocro 0 0 0 0 0 O 0 co O 0 co, 0 0 0 co; 0 0 O 0 0 O 0 of O1 0 o o 0 0 O 0 co O U= 'c- ^ 01 5- 0) ^ v, V 1 14,170.00 O 0 to � 0 0 (0 CO CO- r 0 0 0 CO (0 r 11,288.00 0 O r 0) � 0 O N-. CO to r 0 O C C' C' r 18,784 00 0 O N r (0 0 0 0 O :uo 0]!$ e v?, _ __ Cam- 2 0 O O M N. u7 N 23,553.001 0 O 0 N C- (0 29,638.00 20,524 00 25,291.00 28,497.00 0 o 10 co (0 N 34,153.00 0 0 (0 CD CO (0 N 0 0 0 0 0 0 ;^ iE"r 1 07 -2000 O 0 N 0 110 -2000 112 -2000 r 0 N 0 r 0 N O r 0 N I O r 0 N O r 0 N 0 r 0 N 0 CO C' to co N- c0 0) O r N co V r r r r r r r N N N N N Page 81 0 0 MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall@ci .little- canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Joel Hanson, City Administrator DATE: May 18, 2001 RE: Reconvene Debt Levy Reduction Committee The members of the Debt Levy Reduction Committee have been contacted. All but one is willing to serve on a reconvened committee. (Mike Finegan is unable to participate given some existing obligations.) Given the time commitment that would be involved in adding one new committee member and bringing that member up to speed on the history and process that got us to this point, it would be my recommendation that we proceed with the existing committee (less one member). Page 82 RECONVENE DEBT LEVY REDUCTION COMMITTEE 0 c3 J i C C O O % j N O bOz O C N r 0 00'- 2> I-4 ca ' N '2 ca o to ti 0. 0 0 .2, o a .p 0 L C O -0 0. N 0 Vll C ^ 0 O E O N 3" l-- CO O a N -0 i 4 .E n m G E a v ,. 0 0 4 , N a7. X0'0 H a' Jc o M O\ r0 0 't W 0 00\ ° O CO • L 3 2 0 oo LT C • o 00 (5 N 0 ._ u V G N N L N .n fL" F N = N -. G N o ) 0 > _ c., U G ON O C O 0U N n 'M 0 O O oco W O ' 0 r U 69 N G 5 U 0 O N y o o U U n' NC" U N LI Off- . E K a.O N •'�.' > .n U C O O O� ^� .,.., 0 N ° 8 0 > 4-4 '-'0 y so o,m A EA ,- :" N ,0 v Q E R -a ri 'c a F < ; ,C N i'•, 0. O' C� N 'n^ O 4N. N ,.. C O o) o o :d O7 H - N ^T � U (1 N U N 0 CA G o y U 4^ N - 0 '- 4)), R ,D 0 o G ,x O a, a N 0 N C o > o a^ E '0 ° .0 ai U N > ,n 0 C w 0 :n N h 1.) O O 0 0 0 N E C • • E N T O CU N O r, 0. cn N .13 U _ 0C .. •• 0 N N N 0 0 GA > 0 U N N C a0 m 0 0. O N c E •0 n 0y < ) U Q 0 N a 0 a. 4N. 0 u C 01 0 co w a a� 0 O o 0 G 0 E 0 O ur U H � O U O . N > a. L 0 2 a. T O N y E w p N 0 O 0 >, T N v 'O Y W N L C 0 0 cU 5 d 0 U 9 0 O .2 O 0 0. CO- ,n SM9 33 Responsible Party Adm. Staff /City Council June of 2001 October 1, 2001 0 N i) - 0 0 ..T, N C 7 0 2 - 0 0 L U T -a h ;d y qr.' <d N cli 0 N 0 N G cs -0 4. O 0 0 - -. F N 8 0 " —. .- . U J ti Q " 0 y U 0 o ca. T t. N :n 'O in 0 U @ 0, 2 .0 m IS o. a) 0 o E N - o o N o 0 U a 3 N U a j at t... > 9 0 0 0 0 0 2 N M 2002 Budget V o 0 5. Decision by City Council 0) co cys ccs 0 a_ V ,e' - // ^y� f Tfia 9W4 V eena k V � MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall@ci .little - canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Deputy Clerk DATE: May 18, 2001 RE: Liquor License Renewals Tobacco License Renewals License Period — July 1, 2001 through June 30, 2002 Attached are listings of Liquor License and Tobacco License renewals for the license period July 1, 2001 through June 30, 2002. Application forms for renewal of these licenses are complete. However, some Liquor Liability insurance certificates and Sheriff's background checks are still pending. Staff would recommend approval of these license renewals contingent upon receipt of satisfactory insurance certificates and Sheriff's background checks. Page 84 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 Email: cityhall @ci.little - canada.mn.us 2001 LIQUOR LICENSE RENEWALS ON -SALE LIQUOR LICENSE AMF Saxon Lanes Brady's on Rice Street Gordies Place Hoggsbreath Porterhouse Steak & Seafood Grill Venetian Inn ON -SALE SUNDAY LIQUOR LICENSE AMF Saxon Lanes Brady's on Rice Street Gordies Place Hoggsbreath Porterhouse Steak & Seafood Grill Venetian Inn ON -SALE WINE LICENSE My Le Hoa Chinese Restaurant ON -SALE 3.2 PERCENT MALT LIQUOR LICENSE My Le Hoa Chinese Restaurant OFF -SALE LIQUOR LICENSE MGM Liquors Moon Bay Liquors Tierney's Liquors MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaVaile Matt Anderson Rick Montour ADMINISTRATOR Joel R. Hanson CUP - CATERER'S PERMIT K & A Catering, Little Canada Hall OFF -SALE 3.2 PERCENT MALT LIQUOR LICENSE Gas -N -Go Superette Sinclair Station Twin Cities Stores (Oasis Market) ENTERTAINMENT LICENSE AMF Saxon Lanes Brady's on Rice Street Hoggsbreath Venetian Inn Page 85 AMUSEMENT DEVICE LICENSE AMF Saxon Lanes Brady's on Rice Street Gordies Place Hoggsbreath Venetian Inn 494, 9r 7% ceaynexe4, MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall @ci.little- canada.mn.us 2001 TOBACCO LICENSES Brady's on Rice Street, 2500 Rice Street DVM, Inc. (Hoggsbreath), 2504 Rice Street Food -N -Fuel, 2650 Rice Street Gas -N -Go, 2640 Rice Street Gordies Place, 201 Little Canada Road JJP, Inc. (Little Canada Bingo Hall Concession Stand), 2900 Rice Street Kath Bros., 3096 Rice Street MGM Liquors, 2680 Rice Street Moon Bay Liquors, 2900 Rice Street Rice Street Tobacco, 2616 Rice Street Saxon Lanes, 61 W. Little Canada Road Sinclair Station, 228 Little Canada Road Snyder Drug Store, 2900 Rice Street Tierney's Liquors, 2760 Rice Street Tobacco Unlimited, 2900 Rice Street Twin City Stores (Oasis Market), 2250 Rice Street Citgo, 300 Little Canada Road Venetian Inn, 2814 Rice Street Page 86 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 Email: cilyhall @ci.little- canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Deputy Clerk DATE: May 18, 2001 RE: Off Sale 3.2 Malt Liquor License Tobacco License Gas Dispensing License License Period — June 8, 2001 through June 30, 2002 Food N Fuel 2652 Rice Street MAYOR Michael I. Fahey COUNCIL Beverly Scatze Jim IaVale Matt Anderson Rick Montour ADMINISTRATOR Joel R. Hanson The Food N Fuel store located at 2652 Rice Street is being purchased by Twin Cities Avanit Stores, .LLC. As a result of this sale, the new owner is requesting the transfer of Tobacco License and Gas Dispensing License. An Off -Sale 3.2 Malt Liquor License is also being requested (Food N Fuel does not currently hold a liquor license.) It is anticipated that the sale will occur on or after June 8, 2001. The appropriate application forms have been filed for the above licenses and license fees paid. 1 have requested a revised Certificate of Liquor Liability Insurance to reflect the applicable license period as well as property address. Sheriff's Department background checks are pending. It would be my recommendation that the licenses be approved as requested contingent upon submission of the appropriate insurance certificate and satisfactory background checks. Page 87 DORSEY & WHITNEY LLP MINNEAPOLIS NEW YORK SEATTLE DENVER WASHINGTON, D.C. NORTHERN VIRGINIA DES MOINES LONDON ANCHORAGE SALT LAKE CITY City Cleric City of Little Canada 515 Little Canada Road Little Canada, MN 55117 -1600 PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 TELEPHONE: (612) 340 -2600 FAX: (612) 340 -2868 www,dorseylaw.com GARY HALL (612) 340 -8770 FAX (612) 340 -2868 Ha11. Gary®dorseylaw.com May 16, 2001 Re: Twin Cities Avanit Stores, LLC Dear Sir or Madam: BRUSSELS COSTA MESA BILLINGS FARGO HONG KONG GREAT FALLS ROCHESTER TOKYO MISSOULA VANCOUVER SHANGHAI On behalf of our client, Twin Cities Avanti Stores, LLC, this letter is to inform you of the pending acquisition of Food n Fuel located at 2652 Rice Street east owned by Avanti Holdings, Inc. The purchase is scheduled to be completed by June 8, 2001. I am requesting that the 3.2 beer and tobacco license be issued to Twin Cities Avanti Stores, LLC. I have enclosed a check in the amount of $275.00 for the filing fees. I have also notice that Avanti Holdings, Inc. had a gasoline dispensing license. I did not receive an application for pump license. I am enclosing a check in the amount of $280.00 for that license. Please contact me by phone, mail or fax as soon as possible of the date that the licenses will issued. Thank you. Enclosures Sincerely, '/ Gary I -Ial'l Paralegal Page 88 Forth 281 — Application for License to Sell Cigarettes at Retail. ■ Chapter 382, Laws of 1961.1 BUSINESS RECORDS CORPORATION State of Minnesota, County of Ramsey City of Little Canada Application No Application for License to Sell Cigarettes at Retail officer The undersigned icik . of the City of Eagan in the county of Dakota , State of Minnesota, HEREBY MAKES APPLICA- LL N TION FOR LICENSE to be issued to Twin Cities Avanti Stores, to sell cigarettes and cigarette papers and wrappers at retail at 2652 Rice Street in the one year City of Little Canada 2001 , beginning with the in said county and state for the term of 1st day of June , subject to the laws of the State of Minnesota and the ordinances and regulations of said City of Little Canada pertaining thereto, and herewith deposit.. . in payment of the fee therefor. Date Page 89 Iknl Inn Lv Ih 11111 iacn,e t" Sell ,Let Ll,ln „n "014” I rtnikec Iflce. 1979) BUSINESS RECORDS CORPORATION RETAIL "OFF SALE" *tate Of jf 1tntte5ota, County of Ramsey.,_,. } City,.,._ OF Little Canada To the . City Council of tile.... City Of Little Canada .._ _..__ .. _...... State of Minnesota: Twin Cities Avanti Stores, C. l( . hereby appi.,ie8 for a license for the term of one year front the .._1st day of dune In Original Packages Only, 3.2 Malt Liquors, as the earn are defined by taw, for consuanption "OFF' those certain promisee in the _ _... .. of 1.i.ttle Canada._... deseribsit as follows, to- wtt:.2652 Rice Stree City at which place °aid applicant .._operates, the business of Convenience Store. 200ito sell and to that end repreeent s and etate s.. as follows: That said applicant is a citizen of the United States; of goy�R od nwrally character d. an repute; and ha s attained the age of 71 years; that he :is an R ,. of ricer of the establishment for 'Mich. the license will be issued if this application is granted. That said applicant .._ .makes this application pursuant and subject to all the taws of the State of ;Ifinnesota and the ordinances and regulations of said .. __.. _ ._... applieabte thereto, which are hereby made a part hereof, and hereby agree .. s_. to observe and obey the same: Mont Bids ether rMUlnmmb. If •nr. of loal rqulalon• Each applicant farther er .states that ._he is not now the holder of, nor has —he ,rode application for, nor does _her intend to make application for a Federal Retail Dealer's Special tax stamp far the sale of intoxicating liquor. Dated c/ ,may p(, Applioant...... P. 0. Address .. Page 90 MAY -08 -2001 TUE 03:43 PM FROM:Roundtree Capital Corp. _ FAX:1 805 957 4114 May-08-2001 02:22am From- SULLIVANCURTISL43NROE +9492500340 PAGE 3 T -152 P.002/003 F -349 AaL,H CERTIFICATE OF LIABILITY INSURANCE I 05 /08 /2001 PR0DU0ER Comml support - Irvine Sul l ivanCurti sMonroe 2100 Main Street, Suite 350 Irvine, CA 92614 THIS CERTIFICATE 12 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE. POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Roundtree Capital et al 1111 Chapala Street Santa Barbara, CA 93101 I INSURERAI Clarendon Insurance Company LIMITS INSURER Eli United States Fire Insurance Compa INSURER INSURER D: INSURER E: 10/01/01 THE POUCIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOrON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHcH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L.TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMESPIYY1 POLICY EXPIRATION DATE(mWOONYI LIMITS A GENERALLIAWIUTY X cQUMERCIAL GENERAL LIABILITY TAP5009200 01/01/01 10/01/01 EACH OCCURRENCE $1,000,000 SSG, 000 S5 000 _ FIRE DAMAGE (Any one are) :11 CLAIMS MADE X OCCUR WO EXP (Any ono tenon) Liquor lab. b PERSONAL S. INJURY 51, 000. 000 52, 000, 000 GENERAL AGGREGATE GEM% AGGREGATE LIMITAPPLIESPER: PRODUCTS •CCMP)O Asa s2 , 000, 000 POLICY f* LOG A AUTOMOBILE LIABILITY AMY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS TAP5009200 TAP5011100 01/01/01 010101 10/01/01 100101 COMaINEDSINGLELIMIT (EA xdaent) $1,000,000 X f. ECOILY INJURY (Perpereon) y X BODILY INJURY (Per emulate X PROPERTY DAMAGE (Per ealdaAQ GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT S OTHER THAN EA ACC 5 AUTOONLY: AGG EXCESS LIABILITY EACH OCCURRENCE 5 IOCCUft CLAIMS MACE AGGREGATE G5 OEDUCTIBLE RETENTION 5 5 S 5 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 406027842 4060278531 01/01/01 01/01/01 10/01/01 10/01/01 X ORY 4MITJi DER• • 51, 000, 000 51, 000, 000 EL EACH ACCIDENT E.LOISEASE•EAEMPycYEE E L. DISEASE -POLICY LIMIT t1, 000,000 OTHER DESCRIPTION OF OPERATIONSI .00ATIONSNEHICLES/F.XCLUSICNS ADO ED SY ENDORSEMENT/SPECIAL PROVIAONS Named Insured Includes: Roundtree Capital Corporation et al Roundtree Markets, Inc. Good Time Stores, Inc. (See Attached Descriptions) CERTIFICATE HOLDER 1 ADD MONAL NSURED: W SURER LETTER: CANCELLATION To Whom It May Concern SHOULD ANYDPTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEFIPIMTICN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3,0...,PAYSWWTTEN NaLICETOTHE CE RIIFICATE HOLDERNAMED TOME LEFT, aurFNLURE TO PO BO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANYNaND UPON THE IN SURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEUTATWE ACORD 25 -S (7 /57) 1 of 3 #M152 Page 91 an9Y SRN 0 ACORD CORPORATION YOBS ice+ ? `` 29da ceaaaa MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValte Matt Anderson Rick Montour 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall @ci.little- canada.mn.us MEMORANDUM TO: Mayor & Members of the City Council FROM: Joel Hanson, City Administrator DATE: April 30, 2001 RE: Certification of Unpaid Utility Bill The Venetian Inn has an outstanding water bill in the amount of $12,600.31. Last year, when staff discovered the problem we back - billed them for the water used, without penalty and at the rates in effect at the time of usage. Due to the time frame of this issue, a large bill resulted. Therefore, I recommend that this bill be certified to taxes along with the $25 certification fee. H: \KrisP \CORRESP \Kris' 2001 \V enetian's Biltdoc Page 92 Venetian Inn Water Usage Quarter Usage Rate Amount 2nd - 00 540 $ 2.05 $ 1,107.00 1st - 00 490 $ 1.95 $ 955.50 4th - 99 534 $ 1.88 $ 1,003.92 3rd - 99 740 $ 1.95 $ 1,443.00 2nd - 99 571 $ 1.95 $ 1,113.45 1st - 99 446 $ 1.88 $ 838.48 4th - 98 646 $ 1.82 $ 1,175.72 3rd - 98 705 $ 1.88 $ 1,325.40 2nd - 98 601 $ 1.88 $ 1,129.88 lst -98 609 $ 1.82 $ 1,108.38 4th - 97 769 $ 1.82 $ 1,399.58 $ 12,600.31 Page 93 owarc R. Green Comany CONSULTING ENGINEERS May 18, 2001 File: 810070J -0071 Mr. Greg Schroeder, Public Works Director City of Little Canada 515 Little Canada Road Little Canada, MN 55117 RE: CONTRACTOR PAY REQUEST NO. 1 COUNTY ROAD B AND DIANNA LANE LIFT STATION MODIFICATIONS CITY OF LITTLE CANADA Dear Greg: Attached for the City Council's review and approval are three copy of Pay Request No. 1 from Great Western Corporation for work in connection with the modifications to the County Road B Lift Station. The recommend that papyment of $39,529 50 be made 2 0to Grath Westernl pay request and Corporation. t Please call if you have any questions or comments. Sincerely, Howard R. Green Company 112-44,r1 Kevin F. Newman, P.E. Project Manager Ltr- 05.1828) 4Park Drive • St. Paul, MN 55 Page 94 44 -9446 toll free 888/368 -4389 GREAT WESTERN CORPORATION 8101 SCANDIA TRAIL, FOREST LAI¢, \4N 55025 PIHONE: 612/464 6358 FAX: 612/464 8459 Little Canada, Ramsey Co., MN Co. Rd. "B" & Dianna Lane Lift Stations Proj. # 810070J Pay Request #1 5/11/01 Completed to date Balance Item Description Scheduled value Previous %o Value 96w 1 Mobilization, clearing etc. 5,000.00 0 100% 5,000.00 0% 2 Dewatering 9,100.00 0 100% 9,100.00 0% 3 72" Concrete wet well structure 13,750.00 0 100% 13,750.00 0% 4 Demo exist lift station 11 ,050.00 0 0% 0.00 100% 5 Remove 8" san 1,300.00 0 100% 1,300.00 0% 6 Conn to exist forcemain 3,900.00 0 0% 0.00 100% 7 Conn exist san 1,560.00 0 0% 0.00 100% 8 Install owner furnished pump sta 3,900.00 0 90% 3,510.00 10% 9 Lift sta piping etc. 7,500.00 0 50% 3,750.00 50% 10 Electrical inctud owner 5,000.00 0 0% 0.00 100% furnished service equip 11 Sewage bypass system 5,200.00 0 100% 5,200.00 0% 12 6' high chainlink fence 2,600.00 0 0% 0.00 100% & 18' double gate Totals 69,860.00 0 60% 41,610.00 40% Change orders 0.00 0 Total Contract $69,860.00 $0.00 60% $41,610.00 40% Less 5% Retained Total amount earned Less previous Amount due Page 95 $2,080.50 $39,529.50 $0.00 $39,529.50 GREAT WESTERN CORPORATION 8101 SC ANDJA TRA[L, FOREST LAKE, MN 55025 PHONE: 6 12//464 6358 FAX: 6121.461 8459 Little Canada, Ramsey Co., MN Co. Rd. "B" & Dianna Lane Lift Stations Proj. # 810070J Pay Request #1 5/11/01 Completed to date Balance Item Description Scheduled value Previous %o Value %o 1 Mobilization, clearing etc. 5,000.00 0 100% 5,000.00 0% 2 Dewatering 9,100.00 0 100% 9,100.00 0% 3 72" Concrete wet well structure 13,750.00 0 100% 13,750.00 0% 4 Demo exist lift station 11,050.00 0 0% 0.00 100% 5 Remove 8" san 1,300.00 0 100% 1,300.00 0% 6 Conn to exist forcemain 3,900.00 0 0% 0.00 100% 7 Conn exist san 1,560.00 0 0% 0.00 100% 8 Install owner furnished pump sta 3,900.00 0 90% 3,510.00 10% 9 Lift sta piping etc. 7,500.00 0 50% 3,750.00 50% 10 Electrical inciud owner 5,000.00 0 0% 0.00 100% fumished service equip 11 Sewage bypass system 5,200.00 0 100% 5,200.00 0% 12 6' high chainlink fence 2,600.00 0 0% 0.00 100% & 18' double gate Totals 69,860.00 0 60% 41,610.00 40% Change orders 0.00 0 Total Contract $69,860.00 Less 5% Retained Total amount earned Less previous Amount due $0.00 60% $41,610.00 40% Page 96 $2,080.50 $39,529.50 $0.00 $39,529.50 GREAT WESTERN CORPORATION 8101 SCANDIA TRAIL, FOREST LAKE, MN 55025 PHONE: 612/464 6358 FAX: 612/464 8459 Little Canada, Ramsey Co., MN Co. Rd. "B" & Dianna Lane Lift Stations Proj. # 810070J Pav Request #1 5/11/01 Completed to date Balance Item Description Scheduled value Previous %o Value %o 1 Mobilization, clearing etc. 5,000.00 0 100% 5,000.00 0% 2 Dewatering 9,100.00 0 100% 9,100.00 0% 3 72" Concrete wet well structun 13,750.00 0 100% 13.750.00 0% 4 Demo exist lift station 11,050.00 0 0% 0.00 100% 5 Remove 8" san 1,300.00 0 100% 1,300.00 0% 6 Conn to exist forcemain 3,900.00 0 0% 0.00 100% 7 Conn exist san 1,560.00 0 0% 0.00 100% 8 Install owner furnished pump sta 3,900.00 0 90% 3,510.00 10% 9 Lift sta piping etc. 7,500.00 0 50% 3,750.00 50% 10 Electrical includ owner 5,000.00 0 0% 0.00 100% fumished service equip 11 Sewage bypass system 5,200.00 0 100% 5,200.00 0% 12 6' high chainlink fence 2,600.00 0 0% 0.00 100% & 18' double gate Totals 69,860.00 0 60% 41,610.00 40% Change orders 0.00 0 Total Contract $69,860.00 $0.00 60% $41,610.00 40% Less 5% Retained Total amount eamed Less previous Amount due Page 97 $2,080.50 $39,529.50 $0.00 $39,529.50 MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour 515 Little Canada Road, Little Canada. MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall@ci .little- canada.mn.us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: May 18, 2001 RE: City Maintenance of Private Streets Attached is a letter from the Board of Directors of the Pitrina Park Terrace Homeowners Association that requests the City to take over maintenance responsibilities for the five private cul -de -sacs within the development. Staff has reviewed this request (see memo from Lee Elfering attached) and has come to the following conclusions: C Private streets were proposed by the developer to give them greater flexibility in designing a layout that allowed an appropriately dense development while making use of existing facilities (water main and drainage system along Allen Avenue). Private streets for the cul -de -sacs addressed staff's concerns about maintenance. Had they been proposed as public streets, it is likely an alternative layout would have been required as cul -de -sacs prove more difficult for snow removal. This is especially true in Pitrina due to the limited snow storage areas. C. Private streets for this type of development are not uncommon in Little Canada or other communities. It is understood that the association absorbs on -going maintenance costs. C Mr. Gordie Howe informed me that all purchasers of units within the Pitrina Development were made aware that the cul -de -sacs were private streets and would be maintained by the Association. (He is willing to attend Wednesday's meeting to reconfirm this fact if necessary.) The units fronting on Allen Avenue are included in the same Association and therefore share in the maintenance costs of the cul -de -sacs even though they abut a public street. C. Acceptance of these private streets by the City would create a number of non- conforming land uses issues in that front yard setbacks are 25 feet instead of the required 30 feet. A number of private streets exist elsewhere in the City. (Cobblestone, Round Lake, Canabury, and Nature Way) If we make changes to the Pitrina situation, fairness and consistency would indicate similar action would be necessary in these other situations. Page 98 Staff appreciates the points raised by the Association. In fact, the issues they raise are some of the reasons the City required Park View Court to be a public street. However, we can not recommend the City take over maintenance based upon the reasons stated above. We have attached minutes from the review of this development as well as others that involved private streets to aid in your consideration of this request. The City Council should provide direction if they feel another approach is warranted. cc: Pitrina Park Terrace Homeowners Association Masterpiece Homes Page 99 Pitrina Park Terrace Homeowners Association Little Canada, MN c/o P. O. Box 5233 Hopkins, MN 55343 May , 2001 Mayor, City Council and City Administrator 515 East Little Canada Road Little Canada, MN 55117 Re: Pitrina Park Terrace — Pitrina Way David Circle Fratalone Lane Sherry Court Caroline Court Dear Mayor, Administrator and Council Members: The undersigned constitute the Board of Directors for the Pitrina Park Terrace Homeowners Association. The Association is made up of 96 townhouse dwelling units located just north of Pioneer Park. 29 of the townhouse units face the city's Allen Avenue. The remaining 67 units are located on the five cul -de -sacs listed above. The cul -de -sac streets are part of Pitrina Park Terrace and are not city streets. We have not made a detailed study, but it appears that the folks living on the cul -de -sacs pay no less in local taxes than the folks living in equivalent dwellings facing Allen Avenue. Allen Avenue, of course, is swept, snow - plowed and otherwise maintained by the City. The cul -de -sacs are maintained by the Homeowners Association -- paid for by all members of the Association. It would seem most equitable and most efficient to have coordinated services for the entire subdivision. The five small cul -de -sacs all adjoin Alien Avenue, and it would not involve a significant increase in the expenditure of time or materials for the city to serve its citizens who reside on these cul -de -sacs. Accordingly, the Board proposes, subject to its right to do so, to transfer to the City of Little Canada title to the aforementioned five cul -de -sacs. In the alternative, the existing Easement to City provided in the Pitrina Park Terrace Declaration (Article VIII, Section 5) could be construed to permit the City to maintain the cul -de -sacs without actually transferring title. The section reads: The title of the Association and the Owners of Lots in and to the Common Elements is hereby made subject to a non - exclusive easement in favor of the City of Little Canada for the purpose of ingress and egress for police, fire, rescue and other emergency calls, animal control, health and prospective inspection and to provide the Owners other public services deemed necessary by the City of Little Canada and for the purposes set forth herein. Page 100 City of Little Canada May , 2001 Page 2 Whether by transferring title to the City, or by the City simply agreeing to provide street maintenance services to Association-owned cul-de-sacs, considerations of fairness, efficiency and consistency call for the City to take over the maintenance responsibilities for these five small streets. Thank you for considering this request. Questions may be addressed to Board Member, Carl Helgeson (490-5844) or Board Chairperson, John Miller (484-1178). / /.," A „ „ •,/ (iL1 (0 'I —7-7 Page 101 MEMO To: Greg Schroeder From: Lee Elfering Subject: Pitrina Park Terrace Date: 5/17/01 It is our understanding that the homeowners association for the Pitrina Park Terrace development is requesting the cul -de -sac streets be transferred from private to public status so the City would be responsible for ownership and maintenance. Below are some issues that should be considered before making a decision on the acceptance of the cul -de -sac streets within the Pitrina Park Terrace development. Street The current City typical street width is 28 feet wide face of curb to face of curb with a section consisting of a minimum of six inches (6 ") of aggregate base and three inches (3 ") of bituminous. The City's standard cul -de -sac radius is 45 -feet. The cul -de -sacs within the Pitrina Park development are currently 28 feet wide back to back with surmountable concrete curb and gutter. City records indicate that the existing street section for the cul -de -sacs is eight inches (8 ") of aggregate base, one and a half inches (1'A ") of bituminous base, and one and a half inches (1'A ") of bituminous wear on top of between one foot and two feet of corrected subbase. The cul -de -sacs have a paved radius of 45 -feet. Although the street width is slightly less than the City's typical width, the section appears to be adequate. Right -Of -Way Right -of -way widths throughout the City vary from 100 -feet to only 40 -feet. However the latest development (Parkview Court) had a 50 -foot wide street right -of -way which is the current city standard. A 55 -foot radius right -of -way exists around the cul -de -sac in the Parkview Court development. There is typically a 10 -foot drainage and utility easement outside the street right -of- way. There is no existing street right -of -way for any of the cul -de -sac streets in the Pitrina Park development. However, the streets lie within drainage and utility easements that are 50 -feet wide with a 50 -foot radii on the cul -de -sacs. If these easements were dedicated to the City as street right -of -way, the street would match the width of the right -of -way in Parkview Court, but the end cul -de -sacs would have a smaller right -of -way and there would be no drainage and utility easement outside the street right -of -way. Set Back The City's set back requirement for the front of a building in area zoned R2 is 30 -feet from the right -of -way. As mentioned before there is no designated street right -of -way for the cul -de -sacs within the development, however if the existing drainage and utility easement was used a street right -of -way C: \Little Canada \Pitrina Park Memo.doc Page 102 it appears that no building would meet the 30 -foot setback and some building corners are within 12 -feet. Snow Removal The City is responsible for snow removal on the public street within the City. It appears that there would be minimal space for snow storage in the winter, especially at the end of each cul -de -sac. A snow storage area was designated in the Parkview Court development but none currently exist within the Patrina Park Terrance development. Other There are at least 4 other developments within the City of Little Canada that currently have private streets. If the cul -de -sac streets within the Pitrina Park Terrace development are transferred to public streets, there may be other requests made in the future. These can either be looked at on an individual basis or a policy could be set at this time. If you have any questions or would like to discuss any of these comments further please feel free to call. C: \Little Canada1Pitrina Park Memo.doc Page 103 MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA APRIL 10, 1997 Pursuant to due call and notice thereof, a regular meeting of the Planning Commission of the City of Little Canada, Minnesota was held on the 10th day of April, 1997 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Chairman Gene DeLonais called the meeting to order at 7:30, P.M. and the Following members of the Commission were present at roll call. MEMBERS PRESENT: Mr. Gene DeLonais Mr. Scott Barraclough Mr. John Keis Mr. Rick Montour MEMBERS EXCUSED: Mr. Dennis Carson Mr. Dan Knudsen Mr. Fred Schletty ALSO PRESENT: Mr. Scott Richards, City Planner Mrs. Kathy Glanzer, Admin. Asst. MINUTES There being no corrections to the minutes of the March 13, 1997 meeting those minutes stood approved as read. CONCEPT Mr. Frank Frattalone reported that he owns the property north of Pioneer REVIEW - Park and would like to develop this area with twinhomes. Mr. Gordie PITRINA PARK Howe would be the builder. Frattalone reported that the property is currently zoned Industrial -Park. The site has been for sale for a long time, and it is apparent it will not sell as an industrial site. Frattalone felt the property would be a good location for a townhome project. Gordie Howe was asked to build the townhomes because of his good reputation and the quality of his projects. Frattalone pointed out that his uncle owns a lot abutting Centerville Road just north of Allen Avenue. His uncle has indicated that he does not want to dedicate additional right -of -way for Allen Avenue given that his property is only 111 feet in width. The additional right -of -way would make his property unusable. Frattalone indicated that the additional right -of -way could come from his property located on the south of Allen Avenue. However, this would cause for ajog Page 104 MINUTES PLANNING COMMISSION APRIL 10, 1997 in the road Because of this jog it is likely there will be a couple less townhomes on the site. Frattalone reported that Mrs. Schroeder owns the two parcels north of his land and south of the Slumberland property. Frattalone reported that he is negotiating with her to purchase this property. He has her permission to do soil tests and a wetland evaluation on the property. Frattalone estimated that about one -third to one -half of the property is wetland; therefore, it may be possible to develop another eight buildings or 16 units on this land. Frattalone felt that the Schroeder parcel was a natural fit with the development he would like to do on his property. The City Planner asked if Frattalone had done a wetland evaluation of his parcel. Frattalone replied that he did some testing. There are some soil corrections that will need to be done and he will take care of that. DeLonais asked about screening from Slumberland. Frattalone reported that there are portions of the Slumberland berm which he believes have been cut down and there are no plantings on. If Slumberland does not intend to fix the berm, Frattalone reported that he would purchase some plantings to add to the berm. Frattalone felt the addition of some pine trees to the berm would make a great buffer. Keis pointed out that screening is required between Residential and Industrial property. Since the proposal is to rezone to R -2, Keis asked who would be responsible for the screening. The Planner indicated that Slumberland abuts Industrial property. Since Frattalone is proposing the rezoning, should the property be rezoned, Frattalone would be responsible for the screening. Frattalone pointed out that he would offer to pay for the addition of plantings on the existing berm. Frattalone also reported that the wetland area on the Schroeder property is wooded and will provide a great buffer for the area. The Planner asked Frattalone what his plans are if he is unable to purchase the Schroeder property. Frattalone pointed out that there is sewer and water already in Allen Avenue. However, additional right -of -way is needed. Frattalone reported that there are three options. Should he purchase the Schroeder property, Page 105 MINUTES PLANNING COMMISSION APRIL 10, 1997 the additional right -of -way would come from the north side of Allen Avenue. If he is unable to purchase the Schroeder property, Mrs. Schroeder may be willing to dedicate the additional right -of -way. The final option would be that the City would condemn the additional right -of- way needed from the Schroeder property. Montour pointed out there is a drainage ditch in the Allen Avenue right - of -way. Frattalone replied that this is a County ditch, and it is proposed the ditch will be piped. The Planner indicated it appears the distance between some of the townhome buildings is too close at the corners. Gordie Howe indicated that the diagram shows the pad size of the townhomes. The townhomes are proposed to be 21 to 22 feet in height. Therefore, an 11 -foot separation is required between the buildings. Keis asked if Allen Avenue would be a private road. Frattalone replied that they would propose Allen Avenue as a public street and the short cul -de -sacs as private. It was reported the estimated market values of the twinhomes would be in the $109,000 to $140,000 range. The City Planner reported that this is a concept review, and the Planning Commission is being asked whether or not it will support the land use change. The Planner pointed out the issue of the industrial property to the north. That situation is more favorable if Frattalone can purchase the two lots to the north which run up to the Slumberland property and provide additional screening between the two developments. DeLonais suggested that if twinhomes are developed south of Allen Avenue, he did not feel industrial development should occur immediately north of Allen. The Planner pointed out that in updating the Comp Plan, the City's position was that the area would remain Industrial Park. There is not a lot of industrial land left in the City to develop. Rezoning the property to R -2 would be a policy issue on the best use of the property. Keis pointed out that the property is on the fringe of the industrial area. DeLonais suggested that twinhomes would generate more tax revenue than an industrial development on this parcel. Barraclough agreed. DeLonais again indicated that he felt industrial development should not abut Allen Avenue, pointing out there would be the issue of screening. Page 106 MINUTES PLANNING COMMISSION APRIL 10, 1997 Montour indicated that had there been a quorum this evening without his presence, he would have abstained from voting on this concept proposal due to the fact that he lives on DeSoto Avenue immediately east of the Frattalone property. Montour felt traffic from the proposed development is likely to go toward Centerville Road, therefore, felt increased traffic should not be an issue for DeSoto Avenue. The concern which Montour expressed had to do with trees on the property. Montour pointed out that in 1995 many trees were removed from the Frattalone property without the benefit of an inventory. In December of 1995, the City sent Frattalone a letter on this issue which indicated that since an inventory was not done, when the property was developed, it would be required that 30 caliber inches per acre be replaced on the site. Montour felt any development which occurs on the Frattalone property be held to compliance with the Tree Preservation Ordinance as well as the requirements outlined in the December, 1995 letter to Frattalone. The City Planner indicated that cul -de -sacs are a Public Works' nightmare and suggested it may be possible to loop a street through the property without the need for the small cul -de -sacs as proposed. It was pointed out that the cul -de -sacs would be private, therefore, not the responsibility of the City. The Planner stated that he has seen where homeowners' associations have evaporated and cities have been forced to take over maintenance responsibilities for private roads. Barraclough recommended approval of the Planned Unit Development concept for the development of twinhomes on the Frattalone property subject to Mr. Frattalone either purchasing the Schroeder property located north of Allen Avenue and incorporating that property into his development proposal, or Mrs. Schroeder agreeing to rezone her property to R -2, subject to Allen Avenue lying between Centerville Road and DeSoto Avenue meeting City standards, and subject to the development meeting the requirements of the City's Tree Preservation Ordinance as well as complying with the requirements listed in the City's letter to Mr. Frattalone dated December 15, 1995 regarding the issue of removal of trees without benefit of a tree inventory. Motion seconded by Keis. Motion carried 4 — 0. Page 107 MINUTES CITY COUNCIL APRIL 23, 1997 shed. However, if a shed is 75% screened and there is still a concern, the Council can require architectural compatibility. Pedersen pointed out that the more a shed blends in with the house the less need there will be for screening. Fahey suggested the addition of the word "reasonably" before "coordinated" in Section 903.020.D.2.b.ii. Pedersen suggested addition of the phrase "or air conditioning equipment" in the seventh line of Section 903.020.D.2.a. after the word "shed ". Mr. Morelan introduced the following ordinance and moved its adoption: ORDINANCE NO. 455 — ADOPTING AN ORDINANCE AMENDING SECTIONS 902.010 AND 903.020.D. OF THE LITTLE CANADA CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY ESTABLISHING PROVISIONS FOR THE REGULATION OF ACCESSORY SHEDS WITH THE PROVISION THAT THE LANDSCAPING BE OF SUFFICIENT SIZE TO SCREEN FROM THE PUBLIC RIGHT -OF -WAY AND FROM THE SIDE YARD The foregoing resolution was duly seconded by Scalze. Ayes (5) Morelan, Scalze, Fahey, Pedersen, LaValle. Nays (0). Resolution declared adopted. CONCEPT Frank Frattalone appeared before the Council to present a concept REVIEW - proposal for the development of twinhomes on the property immediately PATRINA north of Pioneer Park. Frattalone reported that there is sanitary sewer and PARK water main in the right -of -way for Allen Avenue. However, that right -of- way is only 30 feet wide and an additional 30 feet of right -of -way is needed. Frattalone explained the lay -out he is proposing for Allen Avenue pointing out the jog in the road around the Mike Frattalone property which abuts Centerville Road. The Mike Frattalone property is narrow. If the additional right -of -way for Allen Avenue were taken from this parcel, it would become too narrow to develop. Frattalone reported that he is still negotiationing with Mrs. Schroeder for the purchase of her property lying north of Allen Avenue and south of the Slumberland site. Frattalone felt he would be able to reach an agreement with Mrs. Schroeder for this purchase. Should he purchase the property, he would include it in the twinhome development. Buffering between the Slumberland property and the twinhome development could occur utilizing the existing Slumberland berm and adding plant materials to that Page 108 MINUTES CITY COUNCIL APRIL 23, 1997 berm. Frattalone indicated that he would be willing to purchase the plant materials and work with Slumberland to add these to the berm. Fahey stated that he would like to see a concept drawing which includes the Schroeder property. Fahey indicated that there may be areas of wetland on the north piece which would decrease density. Fahey asked the City Planner about the density proposed by Frattalone and whether a PUD designation provides for more density than R -2 zoning. Frattalone acknowledged there was wetland on the Schroeder piece and pointed out that the wetland area can be used as part of the buffer. Frattalone agreed there would be less density on the north parcel than on the south due to the wetland issue. He further suggested that there may be some mitigation proposed in order to manage the development of the site in the best manner possible. Morelan asked what properties were located to the west of this site. Frattalone replied that there is a vacant commercial parcel owned by Mike Frattalone, a commercial building owned by Joe Peters, and a triplex located just north of the Peters building. Frattalone reported that he approached Mike Frattalone about purchasing his lot, however, the asking price is quite high. Scalze asked if there were any wetland areas on the south parcel. Frattalone replied that there were not. Frattalone reported that he will be proposing some dry ponds on the south edge of the property toward Pioneer Park. The City Planner indicated that the density being proposed is approximately 6 units per acre. R -2 zoning allows up to 8 units per acre. Pedersen asked if there was an alternative design which would cluster development more. Frattalone reported that they are considering 3 -unit buildings on the north parcel. Frattalone indicated that the twinhomes being proposed are very high - quality. Pedersen pointed out that Allen Avenue would be a straight street running east and west with small cul -de -sacs projecting off Allen. Pedersen felt it would be more creative if the development were more irregular - looking. Frattalone stated that they would look at the lay -out and see if there is something which can be done. However, it was pointed out that water and Page 109 MINUTES CITY COUNCIL APRIL 23, 1997 sewer are already in within the Allen Avenue right -of -way. Frattalone reported that they did consider another plan which proposed cul -de -sacs coming in from each end. Fahey pointed out that the disadvantage to that plan is that development of the north parcel would not be included. Fahey stated that he prefers that the Schroeder parcel be incorporated into the development in order to complete the whole picture. Leaving out the Schroeder parcel makes it more difficult to develop on its own. Fahey pointed out the concern expressed at the Planning Commission meeting about the small cul -de- sacs and the likelihood of these being turned over to the City in the future if the townhome association ceases to exist. The City Planner indicated that his office had discussed the lay -out and the possibility of Allen Avenue meandering throughout the property rather than running straight east and west with cul -de -sacs projecting from Allen Avenue. However, his office has not done any design work to develop alternatives. The Planner indicated that should the cul -de -sacs be platted as public streets, there would be some long -term concerns on the part of the City. Frattalone reported that they are proposing Allen Avenue as a public street; however, the cul -de -sacs would be private. Fahey suggested that a different street design would be necessary to incorporate the Schroeder property. Fahey suggested that the City Planner work with the developers to try to come up with a better street lay -out that would incorporate the Schroeder property. Scalze asked if sewer and water had to be under the street. The Planner replied that it did not, but pointed out that sewer and water should not be located under house pads. The Planner agreed there may be a more creative lay -out for the streets especially if the Schroeder piece is included in the development. Frattalone presented a few alternatives which they had put together, but pointed out that none are as attractive as the first one. Frattalone pointed out that the existence of wetlands also puts a constraint on how the development can be laid out. He acknowledged it may be possible to move Allen Avenue further north and add some curve to it. Frattalone pointed out that people like to live on cul -de -sacs. Frattalone also indicated that he has never heard about private cul -de -sacs reverting back to a city. Page 110 MINUTES CITY COUNCIL APRIL 23, 1997 Fahey pointed out that the cul -de -sacs would have to be built to City standard. Fahey felt that twinhome development on the parcels lying between Slumberland and Pioneer Park was a good use of the property, pointing out that there had been no interest expressed in developing the property under the Industrial -Park zoning. Fahey stated that he wanted to see buffering from the Slumberland site. Scalze agreed that the proposal was a good one, but suggested there may be a better way to lay out the streets. Scalze questioned whether Allen Avenue should extend through to DeSoto. The City Planner felt Allen Avenue should go through since it gives traffic more options. Traffic will learn the most efficient way to go, which will likely be toward Centerville Road. Scalze felt Allen Avenue should break in the middle. Pedersen disagreed and felt it would be confusing to traffic if Allen Avenue did not go all the way through. Morelan indicated that he was not in support of the rezoning at this point. The property is currently zoned Industrial -Park and is one of the last industrial sites leis in the City to develop. Industrial development brings jobs into the community. Morelan stated that he was not convinced that a rezoning to R -2 would be the highest and best use of the site. Morelan asked if the Council was willing to wait for the highest and best use, or if they just wanted to get something developed on the property. Pedersen felt the proposal was better than just getting something developed on the property. Pedersen felt the proposal was a quality project, not second best. Fahey pointed out that the property has been zoned I -P, and there have been no proposals for the site. Fahey felt the twinhomes proposed would be very attractive, with an ideal location adjacent to Pioneer Park. Morelan agreed the project would be attractive, but felt industrial development would be the highest and best use. Pedersen felt that depended on the type of industrial development. Pedersen indicated that if the industrial development was not of the highest quality, he would prefer to see residential development of the site. LaValle pointed out that the City has a developer interested in developing the site, and that developer is working with a high - quality builder. The Page 111 MINUTES CITY COUNCIL APRIL 23, 1997 developer has agreed to incorporate the property to the north in his development. Fahey pointed out that the City knows there are soil problems in the area which will make it difficult to get a high - quality industrial development on the site. The property has sat undeveloped for years, and Fahey expressed concern that the only proposals which might come forth may involve pole buildings. Fahey felt this was a good location for a twinhome development. Scalze agreed that the twinhome development fit the area better than industrial. Scalze pointed out that the City could be looking at an industrial development that would generate a lot of truck traffic. Scalze suggested the twinhome development may generate more tax revenue than an industrial development would. Morelan stated that the issue is more than just one of tax capacity, and pointed out that homeowners consume more City services than industrial property does. Morelan felt the Council was assuming that the property could not be developed as an industrial site, and pointed out that the Council does not know the cost of soil corrections. 1VIorelan felt that the Council needed to be sure that a twinhome development is what it wants to do. Fahey pointed out the lack of developers approaching the City regarding this site, and felt the concept being proposed this evening was a good one. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION Na 97 -4 -87 — APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT FOR TWINHOMES ON THE PROPERTY IMMEDIATELY NORTH OF PIONEER PARKAS PROPOSED BY FRANK FRATTALONE, SUBJECT TO COMPLIANCE WITH THE RECOMMENDATIONS OF THE PLANNING COMMISSION, SUBJECT TO INCORPORATION OF THE SCHROEDER PROPERTY INTO THE DEVELOPMENT, AND DIRECTING THE CITY PLANNER TO WORK WITH THE DEVELOPER ON THE REDESIGN OF STREETS WITHIN THE PROJECT AS WELL AS BUFFERING FROM THE NORTH The foregoing resolution was duly seconded by Pedersen. Ayes (4) LaValle, Pedersen, Fahey, Scalze. Nays (1) Morelan. Resolution declared adopted. Page 112 MINUTES CITY COUNCIL MAY 28, 1997 COMP PLAN AMENDMENT, REZONING, & PRELIMINARY PLAT — PETRINA PARK TERRACE Scalze opened the public hearing to consider the application for Comprehensive Plan Amendment, Rezoning from Industrial -Park to R -2, and Preliminary Plat for Petrina Park Terrace made by Frank Frattalone for property located north of Pioneer Park and south of Slumberland. Scalze reported that the Planning Commission has recommended approval of the applications contingent upon compliance with the recommendations of the City Planner. Scalze also noted that there are only four Council Members present this evening. A rezoning requires four affirmative votes of the Council, and the applicant has indicated that he would prefer to wait until the full Council is present for action to be taken on his application. Based on that, the Council will hold the public hearing this evening, but table action on the matter until its June 10th meeting. Frank Frattalone, 3205 Centerville Road, reported that the property has been for sale for 17 years as Industrial -Park property, and has not been sold. Frattalone reported that he contacted Gordie Howe, Masterpiece Homes, to discuss the development of the property with twinhomes. Frattalone reported that he has the property north of Allen Avenue under purchase agreement, and is including it in the proposal. Frattalone reported that there is sanitary sewer and water main in Allen Avenue. However, only half of the required road right -of -way is dedicated. Therefore, he has purchased the property north of Allen and will dedicate the additional right -of -way for the street. Frattalone reported that he has discussed the issue of buffering with Slumberland. Slumberland has an existing berm along their south property line. Frattalone reported that he will work with Slumberland and plant trees on top of the berm to provide screening for the twinhomes proposed in phase two. Frattalone pointed out that phase one will occur south of Allen Avenue. He noted that one twinhome building per cul -de -sac has been eliminated from the proposal. Density is proposed at 5 units per acre, and Frattalone pointed out that the Code allows for 8 units per acre. Drainage issues are being worked out. No variances are being requested, and all required setbacks will be met. Frattalone pointed out that there is a jog in the western end of Allen Avenue. It was necessary to dedicate the full easement from the property on the south of Allen given that the Myers Frattalone property at the northeast corner of Centerville Road and Allen Avenue is not included in the plat. Page 113 MINUTES CITY COUNCIL MAY 28, 1997 Frattalone pointed out that he is proposing islands at both ends of Allen Avenue to dress up the entrance to the area. The City Administrator reported that the Public Works Director has reviewed the proposal and is recommending that visibility at the east and west ends of Allen Avenue be addressed so the islands do not obstruct the intersection. The Director is also proposing that the homeowners' association be responsible for maintenance of the islands. The Director is recommending a barrier curb be installed to address the potential for damage from snowplows. Frattalone reported that he is proposing Allen Avenue to be a dedicated public street. The cul -de -sacs are being proposed as private streets owned and maintained by the homeowners' association. Frattalone described the ponding situation on the property and reported that he is currently working with the Watershed on the north property. There may be the possibility of shifting all the ponding to the western half of the northern parcel rather than having some along the north property line. Scalze asked about the five units per acre. Frattalone reported that that is the density for the southern portion of the development, the density on the north portion will be less than that. In response to Scalze's question about trees, Frattalone reported that there may be a few trees left in the southeast corner of the property, but many of the trees are just brush. The oak tree which exists in the DeSoto Street easement will be retained. Morelan asked if the wetland had been delineated. Frattalone replied that it had, but indicated that there is a third test being done the results of which will not be available until September. Morelan asked why private cul -de -sac streets are being proposed. Frattalone replied that that is common in the industry pointing out that private streets can be narrower than a standard City street. Morelan asked if there was a reason the City is requiring a 60 -foot right - of -way for Allen Avenue versus the 50 feet required in single - family home developments. The City Planner replied that the assumption is there will be greater traffic volumes in a higher- density area. A wider road right -of -way affords the City more options. The Planner pointed out that the private cul -de -sacs should present no traffic problems which would require a 60 -foot right -of -way. Page 114 MINUTES CITY COUNCIL JANUARY 25, 1995 REZONING, PUD & FINAL PLAT — COBBLESTONE VILLAGE The foregoing resolution was duly seconded by Scalze. Ayes (5) Morelan, Scalze, Fahey, Pedersen, LaValle. Nays (0). Resolution declared adopted. Fahey opened the public hearing to consider the application of Masterpiece Homes for Rezoning, Planned Unit Development, and Final Plat for Cobblestone Village. Fahey noted that both the Planning Commission and City Planner have recommended approval. Gordie Howe, Masterpiece Homes, presented a diagram of the street lights he is planning for the development, reporting that there would be seven street lights in the project. Howe also proposed a monument sign on each side of the street as you enter the project. The City Planner replied that the Code allows identification signs for a development. That type of signage is limited to 24 square feet in size and 8 feet in height. There is no restriction on the number of signs, however. Fahey suggested that the entrance signage be subject to review and approval of the City Planner. Howe asked the Council if he could be issued building permits for two of the buildings prior to recording of the final plat. Howe estimated that it takes 60 days to get a final plat recorded, and he would like to get a couple of models under construction. The City Administrator suggested that if Mr. Howe enters into a development agreement with the City to ensure that the project is completed, he saw no problem with issuing two building permits. There was no one from the general public present wishing to comment on this matter. Upon motion by Scalze, seconded by Morelan, the public hearing was closed. sows Morelan asked the advantages and disadvantages to the City in having private streets. Fahey pointed out that the City is not responsible for plowing or maintenance of private streets. Fahey Page 115 MINUTES CITY COUNCIL JANUARY 25, 1995 indicated that the City would require the street to be built to City standards. LaValle indicated that most streets which are part of townhome projects are private. Morelan stated that the City should have assurances that the streets would be adequately maintained. The City Planner reported that the City will get copies of the townhome association covenants and by -laws. These documents will address maintenance issues, access for emergency vehicles, etc. Fahey pointed out that private streets are less burden on the City. Morelan asked if the townhome association could close access to the area with a gate. Fahey pointed out that St. Jude's has a gate system at the entrance to their property. Fahey pointed out that emergency vehicles would have to have access either through a key or bolt cutter. Morelan asked how the City's snow plow would turn around where Minnesota Avenue ends at the entrance to the townhome development. Public Works replied that the snow plow would probably have to drive into the development and turn around. The City Planner pointed out that this can be addressed in the townhome association documents. Morelan asked about access to utilities. The City Planner reported that the plat includes drainage and utility easements, and the City Engineer will review these to make sure they are adequate. Morelan stated that he had no problem approving the development provided that these concerns are addressed. It was pointed out that a development agreement will be prepared and submitted to the Council for review and approval. Page 116 MINUTES CITY COUNCIL JANUARY 25, 1995 Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 95 -1 -22 - APPROVING THE REZONING OF CERTAIN PROPERTIES ON MINNESOTA AVENUE FROM R -1 TO R -2 AND FROM B -3 TO R -2 AS REQUESTED BY MASTERPIECE HOMES FOR PLAT KNOWN AS COBBLESTONE VILLAGE The foregoing resolution was duly seconded by Morelan. Ayes (5) Scalze, Morelan, Fahey, Pedersen, LaValle. Nays (0). Resolution declared adopted. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 95 -1 -23 - APPROVING THE PLANNED UNIT DEVELOPMENT TO ALLOW INDIVIDUAL UNITS AND COMMON OPEN SPACE AS PART OF THE PLAT FOR COBBLESTONE VILLAGE AS REQUESTED BY MASTERPIECE HOMES CONTINGENT UPON COMPLIANCE WITH THE RECOMMENDATIONS OF THE CITY PLANNER, CITY ENGINEER, AND CITY STAFF The foregoing resolution was duly seconded by LaValle. Ayes (5) Scalze, LaValle, Pedersen, Morelan, Fahey. Nays (0). Resolution declared adopted. The City Administrator recommended that the two building permits requested by Mr. Howe could be issued once the City has a development agreement with Mr. Howe for this plat and once sufficient improvements are in place to serve the two structures. The Administrator pointed out that Code says that a minimum of the first lift of blacktop must be in place before building permits can be issues. However, the City has issued building permits for other developments prior to that if a development agreement is in place. The development agreement will be drafted and submitted to the Council for approval. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION NO. 95 -1 -24 - APPROVING THE FINAL PLAT FOR COBBLESTONE VILLAGE AS REQUESTED BY MASTERPIECE HOMES CONTINGENT UPON THE DEVELOPER ENTERING INTO A DEVELOPMENT AGREEMENT WITH THE CITY, AND SUBJECT TO COMPLIANCE WITH THE RECOMMENDATIONS OF THE CITY PLANNER, CITY ENGINEER, AND CITY STAFF Page 117 MINUTES CITY COUNCIL JANUARY 25, 1995 The foregoing resolution was duly seconded by Scalze. Ayes (5) LaValle, Scalze, Pedersen, Fahey, Morelan. Nays (0). Resolution declared adopted Fahey pointed out that occupancy permits would not be issued until all the utility improvements are in. Howe indicated that he would only be asking for building permits for the models, and would not request occupancy permits. PUD & Fahey opened the public hearing to consider the PRELIMINARY applications for Planned Unit Development to allow PLAT - more than one owner- occupied office building on a lot, REAL ESTATE as well as a Preliminary Plat for eight (8) office MASTERS building sites. The Planner and Planning Commission have recommended approval. Steve Bienke, Fine Line Design, planner for the project, reported that the parcel consists of 4.77 acres on County Road D. On the site is a house which is currently being used as an office building. 60% of the site is power line easement. The proposal is to create an office campus which will compliment the residential neighborhood and provide a good transition from the commercial to the west and the residential to the east. Bienke reported that eight buildings are proposed, and each would be individually owned and would be occupied by professional -type businesses. The project would be managed as a townhome development. Eight detached storage garages are also planned along the south property line. These will be sold with the individual office buildings and would be used for storage of materials associated with the buildings. Bienke reported that the project will have a residential character, would be a traditionally - styled building with hip roofs, stucco siding and stone base. Two sizes are planned, one 3,600 square feet in size, and the other 2,400 square feet. These buildings have the potential to be subdivided. Bienke reviewed the landscape plan for the project, and at the direction of the Planning Commission will be adding landscaping on the easterly residential Page 118 ` INUTF.S City Council Feb. 22, 1934 Le:'ay Plat (Cont.) The foregoing resolution was duly seconded by firs. Nardini. Ayes (4) Fahey, Nardini, Forsberg, Scalze. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 10, Page 37. 1 In 10 '!r. Fahey opened the public hearing on a proposed amendment eliminating Provision the City's current 1 duplex in 10 single family home provision in an 7 -1 area. Agenda Item no. 6 4r,enc a Item No. 7 :rs. Gordon Forbes was present in favor of the elimination of this provision. There was no one else present voicing an opinion on the amendment. "r. Fahey pointed out that the Planning Commission voted to table action on the matter until after the public hearing. ".rs. Nardini introduced the following resolution and moved its adoption: RFSOLUTI0N '''0. 3L -2 -79 — CLOSING THE nirBLIC UEAN.ING ON 1 IN 10 DUPL7N PROVISION The foregoing resolution was duly seconded by `1r. Forsberg. Ayes (4) Nardini, Forsberg, Scalze, Fahey. Mayes (0). ?esoluiton declared adopted. This resolution appears in Resolution Book 'o. 10, Page 88. ".rs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 84-2-80 — TABLING ACTION ON THE 1 IN 10 DUPLEX PROVISION ANE` :DNENT AND Ps:PERRINO THE 'r1ATTER TO THE PLANNING O0 :TJSSION The foregoing resolution was duly seconded by Nrs. Nardini. Ayes (4) Scalze, Nardini, Fahey, Forsberg. "'ayes (0). Resolution declared adopted. This resolution appears in Resolution Rook No. 10, Page 89. 'Tr. Fahey opened the public hearing on the amending of the Heather Oaks PUD Agreement to provide for zero lot lines. z'ahey pointed out that the Planning Commission voted 8 to 0 to approve the amendment subject to the Planner's recommendations, and with the requirement of a fast — growing type of vegetation on the westerly side of the development. Page 119 MINUTES City Council Feb. 22, 1934 Heather Oaks (Cont.) '!r. Duncan McClellan explained to the Council that the lending institution would like separate lots for each unit, rather than one lot held under common ownership. There are no other changes in the lay —out of the development. E. Mrs. Nardini commented that this is just a housekeeping item and that the streets would be owned by the Homeowners Association. Mr. McClellan commented that there are plans for a buffer on the westerly side of the development. Mr. Fahey asked if something higher could be put in, for example pine trees. Ir. McClellan stated that he was agreeable to this. '.fr. Thul, a resident of the area, stated that he would like to see a fast — growing type of vegetation planted. Thul also requested that this be done soon to give the vegetation as much growing time as possible. The Planner stated that trees with a 2 —inch diameter would be required. The Planner stated that there was no point in mixing types of plantings as one type may kill off the other. The Planner suggested that the plantings could be staggered and planted as close together as possible. Mrs. Nardini introduced the following resolution and moved its adoption: RESOLUTION N0. 84 -2 -81 — AMENDING THE HEATHER OAKS PUD AG°.EEMENT'TO REQUIRE AN EVERGREEN TYPE OF PLANTING ON THE '•TESTERLY EDGE OF THE HEATHER OAKS PROJECT TO 3E PLANTED AS CLOSE AS POSSIBLE AND STAGGERED AND TO BE PLANTED DUPING 1984 AFTER COMPLETION OF GRADING OF THE SITE The foregoing resolution was duly seconded by Mr. Forsberg. Ayes (4) Nardini, Forsberg, Fahey, Scalze. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 10, Page 90. Mrs. Nardini introduced the following resolution and moved its adoption: RESOLUTION NO. 34 -2 -82 — CLOSING THE PUBLIC HEARING ON THE HEATHER OAKS PUD AGREEMENT FOR ZERO LOT LINES Page 120 MINUTES City Council Feb. 22, 1984 Heather Oaks (Cont.) The foregoing resolution was duly seconded by Mr. Forsberg. Ayes (4) Nardini, Forsberg, Fahey, Scalze. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 10, Page 91. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 54 -2 -83 — APPROVING THE HEATHER OAKS PUD AGREEMENT FOR ZERO LOT LINES AS SUBMITTED AND DECLARING THAT THE PART: CHARGE FOR THIS DEVELOPMENT IS $300 PER UNIT OR 5600 PER DOUBLE The foregoing resolution was duly seconded by Mrs. Nardini. Ayes (4) Scalze, Nardini, Fahey, Forsberg. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 10, Page 92. Frank Mrs. Scalze introduced the following resolution and moved its adoption: Frattalone Property RESOLUTION NO. 84 -2 -84 — BRINGING THE FRATTALONE Exchange PROPERTY EXCHANGE PROPOSAL TO TABLE Agenda The foregoing resolution was duly seconded by Mr. Forsberg. Item No. 8 Ayes (4) Scalze, Forsberg, Fahey, Nardini. Hayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 10, Page 93. Mr. Frattalone informed the Council that he wants to trade the City his Site B for the City's Site C for ponding. Mr. Frattalone explained that there is a ditch running on the west side of Site 3. Mr. Fahey asked Mr. Frattalone if he was assuming that the City was using its property for ponding and if the City was going to continue to use it for ponding. The City Clerk commented that the State Use Deed on the property lists ponding as the property's use. Mr. Forsberg pointed out that the City can change the use of the property. ?irs. Scalze stated that the City does not have to provide ponding in this area and can let the property sit for open space or some ocher use than ponding. Page 121 NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Little Canada Mayor a City Council FROM: David Licht --)11 DATE: 25 May 1983 RE: Schrier - North Suburban Development Proposal FILE NO: 758.09 - 83.09 Mr. Schrier has submitted a revised site plan for his property north of County Road C, south of Round Lake and east of Iona Lane. The plan follows the step down density concept which was favorably reacted to by the City Council on 11 May by a three to two vote. The following is a summary of changes made in the revised plan as compared to the plan submitted in April 1983: 1. The number of total suggested units is 170 as compared to 172. (It is again felt that detailed site planning may slightly reduce this total count.) 2. Single family lots have been reduced from 12 to 10. The area for the units has, however, been slightly extended to the north to provide a further buffer to the single family units on Iona Lane. The creation of a holding pond in the single family area accounts for the reduction in total number of units. 3. The townhouse units have been located 50 feet from the high water mark indicated. The units have also been positioned to recognize the natural drainage swail on the northeast portion of the property. Low4. A looped road system combining public streets and private drives has been added. This responds to the emergency vehicle concern. With regard to the latest proposal, we have the following comments: 1. The step down density concept is seen as a favorable alternative at least as compared to concentrating all the density in apartment units on the portion of land currently zoned R -3. 4820 minnetonka boulevarc PAGE 122 lis, mn 55416 612/925 -9420 Little Canada Mayor and City Council 25 May 1983 Page Two 2. The looped circulation system is positive. Potential access to the property to the east remains a concern, however. 3. The proposed cul -de -sac is beyond the limits suggested by the Subdivision Ordinance. The negative aspects of this have, however, been reduced through the looped circulation system which is dependent upon private drives. CONCLUSION: The resolution of the acceptable development on the tract of land in question would appear beneficial to all concerned. The development pattern which in our opinion is the best alternative is one involving a step down density and land use transition arrangement. While this does not meet the total objec- tives of the developer or the neighborhood, it appears as a reasonable compromise and is viewed as a positive situation from a City -wide perspective. cc: Joe Chlebeck Dick Schrier Don Carley Tom Sweeney PAGE 123 Cf) m 4 , r g 17, ; Z 0 -,, H Q) vr CE 8_171_11 gm kJ 7 L z h ..- -7 r6 L.---4.0:-. ft-.- „--r---- .....----- ,,,--e,M. 0 -1 - ----ID NORTH SUBURBAN DEVELOPMENT PROPOSAL PAGE 124 MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Matt Anderson Rick Montour 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall@ci .little - canada.mn.us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: May 18, 2001 RE: Call for Workshop with Rmnsey/Washington Metro Watershed District to Review Sculley Property I have contacted Mr. Cliff Aichinger, Administrator of RWMWD regarding his availability to attend a workshop to discuss drainage and wetland issues involving the Sculley (and adjoining) properties. The recommended date for this workshop is Monday, June 2S'h. I would suggest a 7:00 p.m. starting time. Mr. Aichinger will be prepared to discuss the Watershed's perspective on this matter relative to the comments of impacted property owners. Ile will also bring along a series of aerial photos dating back to the 1940's to aid in the review of this matter. Lastly, he will provide an overview of current wetland regulations that will be utilized in analyzing development proposals for these properties. 1 would also recommend the City Attorney and City Engineer be present at this workshop. Direction from the Council as to others to be invited is needed. cc: John Sculley Jim Progreba Cliff Aichinger PAGE 125 cK- �, ,_ r 22474 ceerneak 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766 -4029 / FAX: (651) 766 -4048 Email: cityhall @ci.Iittle- canada.mn.us MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jam LaValle Matt Anderson Rick Montour ADMVFINTSTRATOR Joel R. Hanson MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Greg Schroeder, Public Works Director DATE: May 18, 2001 RE: Maple Lane Trail /St. John's Parking Lot As you may recall, the Maple Lane Trail and St. John's Parking Lot projects were included as alternates in the 2001 Street Reconstruction and Utility Improvements. However, at the request of the landowners adjacent to the St. John's Parking Lot we bid these two projects separately. In addition to the required normal advertising, we also sent bid packages to six contractors who have worked on similar projects for the adjacent landowners. On May2, 2001 we received only two bids. The results were are follows: Maple Lane Trail T.A. Schifsky & Sons $5,757.30 (2001 Street Reconstruction & Utility Low Bidder) 1. Buck Blacktop, Inc. 2. Quality Asphalt, Inc. 3. Earth Wizards, Inc. 4. Daily & Sons Blacktopping, Inc. 5. Frattalone Paving, Inc. 6. Arcade Asphalt, Inc. No Bid No Bid No Bid 12,053.50 7,985.00 No Bid St. John's Parking Lot $55,770.85 No Bid No Bid No Bid 68,440.80 56,669.70 No Bid T.A Schifsky & Sons is the low bidder for the 2001 Street Reconstruction and Utility Improvements project and their bids are lower than those received on May2, 2001. Based on the above, I recommend that the bids received on May 2, 2001 be rejected and the work be awarded to T.A. Schifsky & Sons as part of the 2001 Street Reconstruction and Utility Improvement project. PAGE 126 MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jinn LaValle Mau Anderson Rick Montour 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson Email: cityhall@ci .little - canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Greg Schroeder, Public Works Director DATE: May 18, 2001 RE: Change Order for Pavers at St. John's Parking Lot Due to the exceptional contract price for the Little Canada Road amenity project, the Council requested that staff investigate the replacement of the colored exposed aggregate concrete at St. John's Parking Lot with concrete pavers. Based on the bid prices for each contract, it appears that the City would save about $4,700 by installing concrete pavers instead of the exposed aggregate concrete for the parking lot project. Therefore, we have initiated a change order with each contractor. Unfortunately, we have not been able to finalize the actual savings to the City as of this date. We will provide this information to the Council at Wednesday's meeting. PAGE 127