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HomeMy WebLinkAbout06-27-2012 Council AgendaFLOOR AGENDA LITTLE CANADA CITY COUNCIL WEDNESDAY, JUNE 27, 2012 CALL TO ORDER — Regular Meeting — 7:30 p.m. Roll Call Approval of Minutes Announcements 1. Proclamation — Undersheriff George Altendorfer Retirement PUBLIC HEARINGS 2. Preliminary & Final Plat for Yorkton Ridge Estates consisting of three single - family residential lots — 2921 Condit Street — TCF Bank 3. Amendment to Conditional Use Permit for proof of parking and Subdivision to consider the combination of two platted lots — 3250 Spruce Street - Lapham Hickey Steel CONSENT AGENDA 4. Approval of the Vouchers 5. Authorize Edit Computer Purchase for Cable TV Channel 16 6. Approval of Canadian Days Fireworks Contract STAFF & CONSULTANT REPORTS City Attorney City Planner 7. Definition of Assembly City Administrator 8. 2012 Deer Control 9. Local Performance Aid 10. Call for Workshop — 7/11/12 11. Noise Ordinance Revision DEPARTMENT REPORTS Economic Development /City Council Public Safety /Gaming Public Works Building /Zoning /Code Enforcement Parks & Recreation Adjourn Way f .T SS Wu/ea/a MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little-canada.mn.us CITY OF LITTLE CANADA PROCLAMATION RECOGNIZING GEORGE ALTENDORFER FOR HIS YEARS OF SERVICE TO THE RAMSEY COUNTY SHERIFF'S DEPARTMENT WHEREAS, George Altendorfer officially announced his retirement from the Ramsey County Sheriff's Department effective June 30, 2012 after an illustrious career of years of service; and WHEREAS, George Altendorfer was hired as a Deputy Sheriff and progressed to the rank of Undersheriff; and WHEREAS, George Altendorfer received numerous commendations during his tenure with the Ramsey County Sheriff's Department; and WHEREAS, George Altendorfer has served a distinguished career by faithfully and professionally executing the duties of the Ramsey County Sheriff's Department; WHEREAS, George Altendorfer served as Undersheriff in charge of the Patrol Division beginning in 2001 and did an excellent job of meeting the law enforcement needs of the contracting jurisdictions, including the City of Little Canada. NOW, THEREFORE, BE IT PROCLAIMED by the Little Canada City Council this 27th day ofJune, 2012, that George Altendorfer be, and is hereby, commended for his service to the citizens of Little Canada and Ramsey County, and BE IT FURTHER PROCLAIMED that the Little Canada City Council, on behalf of all citizens of the City of Little Canada, extends gratitude and best wishes to George Altendorfer for a most enjoyable retirement and continued success in all future endeavors. William Blesener, Mayor et s Y1 /Z' Waizaa'a MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766-4048 Joel R. Hanson www.alittle-canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING PRELIMINARY & FINAL PLAT PROPOSAL: A request for approval of a Preliminary and Final Plat for the proposed Yorkton Ridge Estates consisting of three single - family residential lots. The property in question is zoned Single Family Residential (R -1) District. APPLICANT: TCF Bank 801 Marquette Avenue Minneapolis, MN 55402 PROPERTY LOCATION: 2921 Condit Street Little Canada, MN 55117 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at its regular meeting scheduled for Thursday, June 14, 2012. 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 to review this request at their regular meeting to be held on Wednesday, June 27, 2012 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, June 14, 2012 and the City Council meeting on Wednesday, June 27, 2012. 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 1 N ,glp 4j1S, ...=aiaNEE 1N14 NIOVY99UYN11411355 1Vld AbowliYnYte NNVE1 dDL U.) . 1 P. g1 , i, 141 ) 0 1.7 i 1:i !$416 1 F,74 gf :I ;I; , errfr"ti ;itio i 5Y, gYx1 i 9.999 924 .6 + I ..5 yot5 d5 Y12555GY X it pY ,1 101:5:31 1 Y YOY 1 .W • Y Al: t50,f “, n •“I t iV2, -'!1: ! H.4 ii ! 1 . n li 1 I" 2"- ,' ;. 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MVO WHOIVH IS > 1 fr .— 1 ' ! i ( r, I 1 s ■ L 1 Y g hig r fag iE 7.3 01 .. 1ik si 11Vdaumnan4 u s .iA \ sgs t g g g r ri 1 1 1 C “9"."2".‘1 1 1 I ' —1 21 l 1 '1 1 1 I V i .v14.15 1 1 I [!! 1-11:ssgs; 1gb .st P 4 m WI mucus mtaiwolltn6,qAcronirfrieecmla +.1x1m.tv NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners@nacplanning.com PLANNING REPORT TO: Little Canada Planning Commission FROM: Bob Kirmis / Stephen Grittman DATE: June 7, 2012 SUBJECT: Little Canada - Yorkton Ridge Estates Preliminary & Final Plat CASE NO: 758.09 - 12.10 BACKGROUND TCF National Bank has requested simultaneous preliminary and final plat approval of a three lot subdivision entitled "Yorkton Ridge Estates ". The proposed subdivision overlays a 1.2 acre site is located south of Yorkton Ridge and west of Condit Street (2921 Condit Street). The site is presently occupied by a single family home. The applicants wish to subdivide the existing lot and create two new lots on the west side of the home, both of which would have access to Yorkton Ridge. The subject site is designated for low density residential use by the City's Comprehensive Plan and zoned R -1, Single Family Residential. ANALYSIS Lot Requirements and Setbacks. The subject site is zoned R -1, Single Family Residential. The following table illustrates the performance requirements applied in the R -1 District as well as the minimum standards proposed. 4 Required Interior - 11,000 sq ft Corner - 12,500 sq ft Proposed 15,300 sq ft 23,040 sq ft Lot Area Lot Width Interior - 80 ft Corner - 100 ft 85 ft 130 ft Front Yard Setback 30 ft 30 ft Side Yard Setback interior - 10 ft 10 ft 4 As shown above, all lot area, width and setback requirements of the applicable R -1 zoning district appear to be met. Right -of -Way Dedication. As shown on the final plat, a 30 foot wide right -of -way dedication for Condit Street has appropriately been provided. Access. The site's existing home (upon Lot 3) is provided driveway access from the east via Condit Street. No changes to the existing access condition is proposed. Lots 1 and 2 will be provided driveway access from the north via Yorkton Ridge. Accessory Structure. The preliminary plat and grading plan illustrate an accessory structure within the rear yard of proposed Lot 2. It has not been indicated whether or not the applicants intend to retain the structure. The Ordinance does not allow accessory structures to exist upon properties which lack a principal structure. The accessory structure should either be removed or a building permit should be requested for the Lot 2 home prior to or at the time of final plat approval. Park Dedication. As a condition of final plat approval, Lots 1 and 2 should be subject to park and trail dedication requirements of the City. Easements. As required by the Ordinance, drainage and utility easements have been provided along all lot lines. The City Engineer has recommended that additional drainage and utility easement be provided in the southeast corner of Lot 3 to encompass the existing rainwater garden. Grading. In review of the submitted grading plan, the City Engineer has provided comments in a separate memo. Tree Preservation. As shown on the preliminary plat, all of Lot 1 and the western one quarter of Lot 2 lie within a "deciduous tree line ". Within R -1 zoning districts, developments are required to retain a minimum of 30% of the existing tree crown cover. In addition, applicants are required to replace up to 30 caliper inches per acre of trees removed which are not necessary for streets, buildings or drainage. As a condition of building permit issuance for lots 1 and 2, compliance with R -1 District tree preservation requirements must be demonstrated. Development Agreement. As a condition of final plat approval, subdividers are commonly required to enter into a development agreement with the City regulating the 2 5 Corner (abutting ROW) - 30 ft 40 ft Rear Yard Setback 30 ft 63 ft As shown above, all lot area, width and setback requirements of the applicable R -1 zoning district appear to be met. Right -of -Way Dedication. As shown on the final plat, a 30 foot wide right -of -way dedication for Condit Street has appropriately been provided. Access. The site's existing home (upon Lot 3) is provided driveway access from the east via Condit Street. No changes to the existing access condition is proposed. Lots 1 and 2 will be provided driveway access from the north via Yorkton Ridge. Accessory Structure. The preliminary plat and grading plan illustrate an accessory structure within the rear yard of proposed Lot 2. It has not been indicated whether or not the applicants intend to retain the structure. The Ordinance does not allow accessory structures to exist upon properties which lack a principal structure. The accessory structure should either be removed or a building permit should be requested for the Lot 2 home prior to or at the time of final plat approval. Park Dedication. As a condition of final plat approval, Lots 1 and 2 should be subject to park and trail dedication requirements of the City. Easements. As required by the Ordinance, drainage and utility easements have been provided along all lot lines. The City Engineer has recommended that additional drainage and utility easement be provided in the southeast corner of Lot 3 to encompass the existing rainwater garden. Grading. In review of the submitted grading plan, the City Engineer has provided comments in a separate memo. Tree Preservation. As shown on the preliminary plat, all of Lot 1 and the western one quarter of Lot 2 lie within a "deciduous tree line ". Within R -1 zoning districts, developments are required to retain a minimum of 30% of the existing tree crown cover. In addition, applicants are required to replace up to 30 caliper inches per acre of trees removed which are not necessary for streets, buildings or drainage. As a condition of building permit issuance for lots 1 and 2, compliance with R -1 District tree preservation requirements must be demonstrated. Development Agreement. As a condition of final plat approval, subdividers are commonly required to enter into a development agreement with the City regulating the 2 5 construction of improvements. Since the plat is relying on existing street and utility improvements, a development contract would be at the discretion of the City Engineer and Administrator. RECOMMENDATION The proposed subdivision is located in an area guided and zoned for low density residential land uses. Based on the preceding review, Planning Staff recommends approval of the Yorkton Ridge Estates preliminary / final plat subject to the following conditions: 1. The accessory structure upon Lot 2 shall either be removed or a building permit shall be requested for the Lot 2 home prior to or at the time of final plat approval. 2. Lots 1 and 2 shall be subject to park and trail dedication requirements of the City. 3. Additional drainage and utility easement shall be provided in the southeast corner of Lot 3 to encompass the existing rainwater garden. 4. Recommendations of the City Engineer are incorporated with regard to grading and other items. 5. As a condition of building permit issuance for lots 1 and 2, compliance with R -1 District tree preservation requirements shall be demonstrated. 6. The applicant shall to enter into a development agreement with the City as directed by the City Administrator. pc: Kathy Glanzer Steve Westerhaus Lee Elfering TCF National Bank, 801 Marquette Avenue, Minneapolis, MN 55402 3 6 MM HG . fSSOCIATLS June 7, 2012 File: 120162E -0240 Honorable Chair and Planning Commission City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 -1633 RE: YORKTON RIDGE ESTATES CITY OF LITTLE CANADA Dear Planning Commission: We have reviewed the submittal package for the Yorkton Ridge Estates plat. The property lies in the southwest corner of Yorkton Ridge and Condit Street and has the existing address of 2991 Condit Street. This platting will subdivide the parcel into 3 separate lots. The submittal documents contained a preliminary plat and grading plan. Based upon our review we would offer the following comments. Preliminary Plat 1. Additional drainage and utility easement should be granted in the southeast corner of Lot 3 to encompass the existing rainwater garden. Grading Plan 1. The drainage swales running along the north /south lot lines should be extended to the south property line to ensure no drainage from an adjacent lot crosses onto another property. Spot elevation should be provided along the lot line and edge of the drainage and utility easement to document the swale. 2. The plan contains a note requiring silt fence, but the plan should show locations where silt fence is anticipated. At a minimum silt fence should be shown along Yorkton Ridge and the west property line. 3. The site disturbance is over 20,000 square feet which will require stormwater management and control. Based on the fact that no new street is being constructed for the development we do not feel that stormwater calculations are necessary for the site. We would recommend that the City require that two rain gardens, each approximately 25 feet by 10 feet, be installed along Yorkton Ridge to collect and infiltrate street water and runoff from the lots. The placement of the gardens will require that a portion of the street curb be removed to allow for an inlet to the garden. We would recommend that one of the gardens be placed at the west end of the site and one near the shared lot line of Lots 2 and 3. Drainage and utility easements should be provided around the rain gardens. ltr- 060712 -PC 10062 Flanders Court NE, Blaine, MN 55449 - Phone: (763) 780 -0450 - Fax: (763) 780 -0452 7 Planning Commission June 7, 2012 Page Two 4. Details should be provided for the garden inlet or the City's standard details could be provided to the developer for use. A maintenance agreement should be executed for the continued maintenance of the new rainwater gardens. Please contact me if you have any questions regarding the above information at (763) 780 -0450 ext. 3. Sincerely, ELFERING & ASSOCIATES Lee Elfering, P.E. City Engineer cc: Bill Dircks, Public Works Director Llr- 060712 -PC 10062 Flanders Court NE, Blaine, MN 55449 - Phone: (763) 780 -0450 - Fax: (763) 780 -0452 8 gyve Stt/ Wawa% MAYOR 13111 nlesener COUNCIL Rick Montour John Reis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little-canada.mn.us MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: June 22, 2012 RE: Preliminary & Final Plat — Yorkton Ridge Estates Attached is a copy of an email that I sent to Linda Brown, Stantec Consulting Services, and Jon Nelson, TCF Bank, stating the need for a Development Agreement relative to the above plat to ensure that platting conditions are met on the front end, rather than the City having to try to enforce these conditions on individual builders. Ms. Brown is out of the office until Monday, so I will have a report for the Council relative to this issue at Wednesday's meeting. 9 Ms. Brown & Mr. Nelson: I am the City Administrator in Little Canada. I have reviewed the Planning Commission minutes from June 14th (copy attached) and have the following comments /questions for your consideration: The City will definitely want a Development Agreement. While this is a fairly minor project, there are still issues associated with grading & drainage that we will want to ensure are complied with. I would also expect that we will require some type of financial surety to guarantee compliance with the agreement. " We should receive a tree preservation plan at this time. Documenting compliance at a later date with a new party can be troublesome.. *It sounds like grading & drainage will be done by the builder for each lot. Ideally, grading is done on the front end to ensure the grading plan is complied with and then we require verification from the builder prior to occupancy of the home. In this case, given we won't have a development agreement with the builder, we will expect the financial surety referenced in the 1st bullet point to apply to this issue to ensure the City is "not chasing" someone we don't have an agreement with if they are not complying with ordinance /development requirements. An agreement would deal with erosion control plans, establishment of plantings in rain water gardens and new tree installation, sweeping streets, water and sewer connections, payment of park charges, and related measures. *We also require a post construction plan to ensure compliance with the approved grading plan. Again, the financial surety would typically cover this given we don't have an agreement with the builder. If you are thinking this can be addressed through the building permit process, we don't receive any surety to guarantee compliance if problems arise. Perhaps we can discuss these issues before next Wednesday's Council meeting. I can be reached at 651-766- 4040. I will be out of the office tomorrow. Thanks Joel Hanson City Administrator City of Little Canada (651) 766-4040 10 MINUTES PRELIMINARY AND FINAL PLAT — YORKTON RIDGE ESTATES MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA JUNE 14, 2012 Pursuant to due call and notice thereof a regular meeting of the Planning Commission of Little Canada, Minnesota was held on the 14th day of June, 2012 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Chair Dan Knudsen 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. Dan Knudsen Mr. Tom Duray Mr. Tom Fischer Mr. Jon Hall Ms, Jennifer Maleitzke ABSENT: Mr. Scott Barraclough Ms. Heidi Murphy ALSO PRESENT: Mr. Steve Grittman, City Planner Mr. Kevin 1-lelander, Cable TV Ms. Kathy Glanzer, City Clerk The May 10, 2012 Planning Commission meeting minutes were approved as submitted. Linda Brown, Stantec Consulting Services representing TCF, appeared before the Commission requesting approval of the Preliminary and Final Plat for Yorkton Ridge Estates consisting of three single - family lots. The property is located at 2991 Condit Street, the southwest corner of Condit Street and Yorkton Ridge. Brown reported that the lot that will include the existing house and front on Condit Street is proposed to consist of 23,000 square feet. The other two lots will front on Yorkton Ridge, will be 85 feet wide, and will consist of approximately 15,000 square feet. Brown reported that she has reviewed both the City Planner's and the City Engineer's comments and recommendations and indicated that TCF is in agreement. Knudsen noted that proposed Lot 1 is heavily treed and asked about tree preservation. Brown indicated that this issue has been discussed with TCF which indicated that there will be compliance with the City's Tree Preservation ordinance. 11 MINUTES PLANNING COMMISSION JUNE 14, 2012 Duray noted that there is an existing shed on one of the proposed lots. Brown noted the Planner's comments relative to the shed which indicated that the shed will have to be removed at the time the plat is recorded. The shed would only be allowed to remain if a building permit was immediately applied for for that particular lot. Knudsen indicated that that was correct as the City cannot have an accessory building on a lot without a primary building. The Planner concurred, Knudsen asked about the City Engineer's drainage recommendations. Brown noted that the City Engineer is recommending a rain water garden between Lots 1 and 2 along Yorkton Ridge. A rain water garden is also recommended within the existing easement on Condit Street at the southeast corner of the lot. Brown anticipated that whoever constructs the homes on the new lots would be required to install the rainwater garden as part of the building permit process. Knudsen asked if there were any concern with the City Planner's and City Engineer's recommendations. Brown replied that there were not, but wanted to clarify that the City's ordinance allows for removal of trees up to 30% of the lot coverage. Anything beyond that amount would have to be replaced. The City Planner indicated that up to 30% tree removal is allowed in order to accommodate a house and driveway. Beyond that tree replacement requirements come into play. The Planner noted, however, that trees less than 6 -inch caliper and nuisance species can be reproved without triggering tree replacement requirements. Fischer reported that he looked on the County's web site as well as an Edina Realty sales brochure for this property, and there seems to be some discrepancy in the amount of frontage that this property has on Yorkton Ridge. Brown reported that the property was surveyed thus verifying the footage that is reflected in the proposed plat. The City Planner indicated that realtor information is not always accurate. Duray noted the Planner's recommendation relative to a Development Agreement. Brown noted that the plat creates two new lots for a total of three single- family lots. There is no infrastructure development required. Brown indicated that while there is no objection to entering into a Development Agreement, she was not sure what it would address. The City Planner noted that his recommendation is that the need for the Development Agreement would be at the discretion of the City Administrator. Brown stated that they were agreeable. David Nydegger, Yorkton Ridge, reported that his house is adjacent to the proposed Lot 1. Nydegger stated that he was in support of the proposal and welcomed the cleaning up of the property. I-Ie indicated that most of the trees on proposed Lot 1 are scrub trees or dead and did not think there - 2 - 12 MINUTES PLANNING COMMISSION JUNE 14, 2012 ADJOURN were many significant trees on this proposed lot. Nydegger stated that his objection was with the name of the plat, Yorkton Ridge Estates. Ile was concerned that this gave the impression of a gated community and the result would be an increase in his property value. Nydegger stated that he measured the property and concurred with the footages that Ms. Brown has submitted. Knudsen pointed out that the name of a plat does not carry forward for any purpose other than a legal description of a property after a plat is recorded. He noted, however, that Nydegger's comments would be passed along to the Council. Maleitzke asked if there would be any tree evaluation done. The City Planner indicated that at the time a building permit is applied for, the applicant would be asked to do a tree survey to document the existing trees. Duray recommended approval of the Preliminary and Final Plats for Yorkton Ridge Estates as proposed subject to compliance with the recommendations of the City Planner and the City Engineer. Motion seconded by Fischer. Motion carried 5 — 0. Duray recommended that the meeting be adjourned. Motion seconded by Hall. Motion carried 5 — 0. There being no further business, the meeting was adjourned at 7:52 p.m. Respectfully submittti S 0rrr/ hp- Kathy Ulan City Clerk - 3 - 13 nta ., 4 Wawa% MAYOR 13111 Illescncr COUNCIL Rick Montour John [(els Michael McGraw Shelly Boss 5151,10.1e Canada Road, 1,811e Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Manson www.ci.little-canadaann.us MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: June 22, 2012 RE: Amendment to CUP & Subdivision — Lapham Hickey Steel Since the tabling of the above request, I followed up with Jeff Hobson of Lapham IIickey Steel to discuss their development application. Mr. Hobson was concerned about the Toss of significant revenue from the elimination of the sign on their property. 1 told Mr. Hobson that I did not feel the City Council would want to jeopardize new job creation in the community and would be willing to work with him on that issue. Mr. Hobson asked about incentives for this development. I told him that the property is not within a Tax Increment Financing District, so it was unlikely that the City could provide incentives. However, I did contact the Department of Employment and Economic Development (DEED) and asked that one of their representatives contact Mr. 1-Iobson. I pointed out to DEED that if this development project does not occur in Little Canada, it will occur in the Chicago area. According to DEED, they have not been able to reach Mr. Hobson. At this time, we are not aware of Lapham Hickey's plans regarding the potential expansion. cc: Jeff Hobson, Laphan IIickey Steel Jack Grotkin, R.J. Ryan Construction Kevin McKinnon, DEED 1 a Wide Wana% MAYOR Bill Blescner COUNCIL Rick Montour John Kcls Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Ranson www.ci.little-eanada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING AMENDMENT TO CONDITIONAL USE PERMIT & SUBDIVISION PROPOSAL: A request for approval of an Amendment to a Conditional Use Permit for proof of parking and Subdivision approval to consider the combination of two platted lots. The property in question is zoned Industrial -Park (I -P) District. APPLICANT & PROPERTY OWNER: Lapham- Ilickey Steel 3250 Spruce Street Little Canada, MN 55117 PROPERTY LOCATION: 3250 Spruce Street Little Canada, MN 55117 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at its regular meeting scheduled for Thursday, April 12, 2012. 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 to review this request at their regular meeting to be held on Wednesday, April 25, 2012 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, April 12, 2012 and the City Council meeting on Wednesday, April 25, 2012. 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Ntz - • -4 ...-fr_ 133NIS 3Dn}IdS • 1 h...mis lAt i 1 0 i R t lid , t k § k li 1 A i i 2 1 % 1 2 % 1 a iR i 1 q ..e4.4aa 24:1 Men 11•11 tilt 11.1411S 0:0■1114/411 1..0.11,111.1.1 12 13 14 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 703.231 .2555 Facsimile: 763.231.2561 pianners@nacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: April 6, 2012 RE: Little Canada — CUP for Proof of Parking and Lot Combination Lapham Hickey Steel FILE NO: 758.09 — 12.04 Background and Analysis Lapham Hickey Steel has occupied the building at 3250 Spruce Street. The applicants also own the parcel to the north with frontage on Country Drive. The applicants are seeking to expand the current 49,984 square foot building with an addition of approximately 31,608 square feet. The addition would occupy the west side of the current building (the frontage along Spruce Street), and extend north onto the abutting parcel. The applicants propose to retain the existing parking and service area south of the building, add new parking to the west of the building expansion area, and provide a "Proof of Parking" area on the north lot where future, or overflow, parking could be located if demand suggests it. The previously approved outdoor storage area west of the building would be eliminated as a part of this project. The building will be constructed to match the existing in material and color, with precast concrete panel construction and a pre - finished metal flashing cap. The new building will include 3 overhead doors on the west frontage facing Spruce Street, and 3 overhead doors on the south frontage facing the existing parking area. An additional overhead door would face east where there is currently an area of pavement north of the existing building. 15 Proof of Parking. Proof of Parking is allowed by Conditional Use Permit where the applicants show that actual parking demand will be significantly (at least 20 %) less than the code requirements. In this case, the parking calculation for the building (after expansion) is calculated by the applicants to be 171 parking stalls by code. The applicant has provided a paved and curbed parking area totaling 93 spaces reflecting their anticipated actual demand, with 78 "proof of parking" stalls north of the building. This area is otherwise expected to be left undisturbed. The applicant has also supplied a landscaping plan that shows tree and shrub plantings along the west and south boundaries of the property, retaining the existing wooded area to the east, and reseeding the lot to the north depending on the limits of construction. Lighting is proposed to be accomplished with 4 wall - mounted fixtures on the west side of the addition. The primary concern with the site plan relates to the paved area north of the existing building, to which an overhead door is provided from the addition, and from the north side of the existing building. There is no planned street access to this area, which is currently accessed via a driveway to Spruce Street. The applicants should verify that this area does not need street access to operate as planned. Otherwise, a temporary paved driveway through the proof of parking area should be required, at minimum. Lot Combination. The lot combination is necessary to accommodate the expansion, since a portion of the addition, a northern access drive, and the proof of parking area site on the northerly parcel. Such combinations are often approved administratively, however, the northern parcel is currently occupied by a legal non- conforming billboard. Administrative combinations may only occur where the parcels involved contain only one building. The existing billboard would count as a "building" in this case, and as such, requires full Planning Commission and City Council review. The parcels in question are zoned Industrial Park. Under recent statutory changes, the city is not empowered to require removal of a legal non - conformity as a condition of a permit or other approval. The only option for the City to correct the non- conforming condition would be through an interim use permit or PUD approval Apart from resolution of this issue, the lot combination does not appear to present any issues. The City Engineer has reviewed the plans and made recommendations related to grading, drainage, and related improvements. A final review with respect to any required easements (or easement vacations, if applicable) should be included as a part of the City's approval of the combination. 16 Summary and Recommendation Planning staff recommends approval of the Conditional Use Permit for Proof of Parking and the Lot Combination for Lapham Hickey Steel, under the following conditions: 1. Applicant verify that no street access to the northeast pavement area will be required, or a paved driveway is provided to this area from the proposed parking area. 2. Applicant provide information on employee count to verify that the proposed improved parking area will be adequate to serve the facility. 3. The City reserves the right to require improvement (paving and curbing) of additional parking stalls according to the proof -of- parking plan upon a finding that the property use exceeds parking supply. 4. The City Engineer's report and recommendations are included in the approval. 5. The City Engineer review and recommend easements for the newly combined lot, as necessary. 6. The City and applicants consider an interim use permit related to the non- conforming billboard sign on the property, with a termination date coordinated with the term of the lease for the sign. pc: Kathy Glanzer Steve Westerhaus Lee Elfering Lapham Hickey Steel, 3250 Spruce Street, Little Canada, MN 17 afalti6 61l O(IATtS April 4, 2012 File: 120161 E -0240 Honorable Chair and Planning Commission City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 -1633 RE: LAPHAM HICKEY STEEL CITY OF LITTLE CANADA Dear Planning Commission: We have reviewed the submittal package for the proposed expansion of the Lapham Hickey Steel site located in the southeast corner of the intersection of Country Drive and Spruce Street at 3250 Spruce Street. The submittal documents reviewed included a grading and erosion control plan, utility plan, landscape plan, soil borings, and drainage calculations. Based upon our review we would offer the following comments. Existing Conditions 1. Past survey information from City files indicates a storm sewer inlet in the southwest corner of the fenced in parking area. This storm sewer connects into a storm sewer main that runs south along the west side of Spruce Street. The storm sewer inlet allowed for some ponding and rate control of storm water in that corner of the parking lot. The storm sewer should be added to the plan sheets and should be accounted for in the drainage calculations for the existing conditions. 2. Topographic information should be provided for the east side of the existing building to determine if the roof drainage discharges to the north or south. Grading Plan 1. The filtration basin north of the parking area is proposed to have draintile installed due to the presence of clay soils and the lack of ability to infiltrate storm water. The draintile should be extended to a 27" diameter structure which should be installed in place of the north most cleanout and storm sewer extended from that structure to the existing structure on the west side of Spruce Street. Due to the build of the structure it may be necessary to install ductile iron pipe in lieu of concrete. 2. It will be necessary to document a high point across the northern most driveway entrance to prevent parking lot water from entering Spruce Street. In addition, concrete curb and gutter should be extended around the full northern radius to define the driveway edge. Ur- 040412 -PC 10062 Flanders Court NE, Blaine, MN 55449 - Phone: (763) 780 -0450 - Fax: (763) 780 -0452 18 Planning Commission April 4, 2012 Page Two 3. Curb and gutter is not proposed around the south and east portion of the existing lot that is to remain in place. We would recommend parking stops be added on this portion of the lot to define the edge of the lot. 4. Due to the presence of clay soils infiltration is not feasible on -site. The small ponding area in the southwest comer should be modified so that draintile can be installed or the depth reduced to ensure drawdown within 48 hours. If installed the garden design should be modified to eliminate the overflow onto the street. Utility Plan 1. The draintile serving the north infiltration pond runs northwest across the property to just south of Country Drive where it is proposed to cross Spruce Street and connect into an existing City catchbasin on the west side. Typically we would require the applicant extend the City storm storm sewer across the street and install a new catchbasin in the east curb line to connect into. However, there is not sufficient depth to allow this. Therefore, we would recommend that the Applicant be required to install a 27" diameter structure on the draintile line just prior to the line leaving the property. From that point a rigid pipe capable of supporting vehicle load with minimal cover should be installed to the City catchbasin. 2. The storm sewer installation on the north end of the property will require an extension across Spruce Street. The minimum replacement section should be noted as 8- inches of Class 5, aggregate base and 4- inches of bituminous (2 lifts). Drainage Calculations 1. The existing discharge rate will need to be met or lowered under the proposed conditions for each discharge point. For example, the north discharge can not be combined with the discharge to the south and then compared, but rather the rate for each direction must be reviewed. 2. The calculations must also account for the rate control provided by the missing storm sewer inlet and parking lot ponding discussed in the existing conditions section above. Miscellaneous 1. A large parking area is shown north of the building to document proof of parking but it is our understanding that the applicant will not be constructing that parking at this time. The City Planner should review and comment on the parking to ensure it meets City and ADA requirements. Ltr- 040412 -PC 10062 Flanders Court NE, Blaine, MN 55449 - Phone: (763) 780 -0450 - Fax: (763) 780-0452 19 Planning Commission April 4, 2012 Page Three 2. Documentation of a Ramsey Washington Metro Watershed permit and approval must be provided prior to construction. We have contacted the Watershed regarding a few questions we had relative to the treatment requirements and if they were being met, but we have not received a response to date. Please contact me if you have any questions regarding the above information at (763) 780 -0450 ext. 3. Sincerely, ELFERING & ASSOCIATES Lee Elfering, P.E. City Engineer cc: Bill Dircks, Public Works Director Llr- 040412 -PC 10062 Flanders Court NE, Blaine, MN 55449 - Phone: (763) 780-0450 - Fax: (763) 780 -0452 20 ILMING ASSOWIT -ES MR 1101411 April 25, 2012 File: 120161E -0240 Honorable Mayor and City Council City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 -1633 RE: LAPHAM HICKEY STEEL CITY OF LITTLE CANADA Dear Council Members: The applicant of the above referenced site provided a revised submittal based on our review comments to the Planning Commission. The re-submitted documents reviewed included a grading and erosion control plan, utility plan, landscape plan, soil borings, and drainage calculations. Based upon our review we would offer the following comments. Existing Conditions 1. The previous comments have been addressed and the existing conditions now shown appear to accurately depict the existing conditions of the site. Grading Plan 1. A high point should be added to the middle driveway to prevent discharge of water to the street as in the existing conditions. 2. The flow through design of the south infiltration basin should be modified to eliminate erosion potential. We would recommend a piped outlet be provided in the basin to allow some rate control benefit in the garden and the curb inlet be designed to allow bypass of the rain garden once the garden is full. 3. The overflow for the north infiltration basin discharges water to the north and east toward Country Drive. Based on the survey shots shown it appears there is a possibility of this water running across the adjacent properties parking lot prior to reaching Country Drive. During construction a more detailed survey of the northeast corner of the property should be completed and a berm constructed inside of the property to ensure that drainage from this site will not drain across the adjacent property before reaching Country Drive. Ltr•042512 -PC 10062 Flanders Court NE, Blaine, MN 55449 - Phone: (763) 780-0450 - Fax: (763) 780 -0452 21 City Council April 25, 2012 Page Two Utility Plan 1. Our original comments have been addressed with this submittal. Drainage Calculations 1. The drainage calculations submitted are acceptable, but should be revised for the modifications requested for the south infiltration pond. Miscellaneous 1. The applicant has submitted to the Ramsey Washington Metro Watershed for permit approval. Documentation of that approval must be provided prior to construction. Please contact me if you have any questions regarding the above information at (763) 780 -0450 ext, 3. Sincerely, ELFERING & ASSOCIATES Lee Elfering, P.E. City Engineer cc: Bill Dircks, Public Works Director Ltr- 042512 -PC 10062 Flanders Court NE, Blaine, MN 55449 - Phone: (763) 780 -0450 - Fax: (763) 780-0452 22 MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA APRIL 12, 2012 Pursuant to due call and notice thereof a regular meeting of the Planning Commission of Little Canada, Minnesota was held on the 12th day of April, 2012 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Chair Dan Knudsen 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. Dan Knudsen Mr. Scott Barraclough Mr. Tom Duray Mr. Tom Fischer Mr. Jon Hall Ms. Jennifer Maleitzke Ms. Heidi Murphy ALSO PRESENT: Mr. Steve Grittman, City Planner Mr. Kevin Helander, Cable TV Ms. Kathy Glanzer, City Clerk MINUTES The March 8, 2012 Planning Commission meeting minutes were approved as submitted. AMENDMENT Jack Grotkin, RJ Ryan Construction, appeared before the Commission to TO CUP review the request of Lapham Hickey Steel for an Amendment to PERMIT & Conditional use Permit for proof of parking and a Subdivision to combine SUBDIVISION two platted parcels. Grotkin reported that Lapham Hickey would like to 3250 construct an addition on the west side of their building to increase SPRUCE production. There will also be a remodel of the existing office area and STREET — parking will be increased. LAPHAM HICKEY Knudsen asked about an increase in the number of employees and whether STEEL parking will be adequate. A representative of Lapham Hickey indicated that the company will have 70 employees working over 4 shifts, including office staff. The increase in parking will satisfy both current and future parking needs after the addition is completed. The City Planner noted that the proposal is for a total of 90 parking spaces while the Code requires 170. The Planner asked the maximum shift size. The Lapham Hickey representative indicated that there would be 20 to 30 employees per shift; therefore, 90 parking spaces are more than necessary to meet their needs. 23 MINUTES PLANNING COMMISSION APRIL 12, 2012 Knudsen asked about the door to the northeast pavement area and whether or not this paved area will have street access. Grotkin presented revised plans which show a driveway access for this pavement area out to Country Drive. He noted that traffic flow will occur through a portion of the building. Grotkin stated that he will submit the revised plans to the City Engineer for review and approval. The City Planner noted the request to combine the two lots to accommodate the building expansion. Currently the Lapham Hickey building and the existing billboard are on separate parcels. The combination would put both structures on the same lot. The City Planner indicated that the billboard is non - conforming, and the Code suggests that non - conformities be addressed at the time of zoning actions. The City Planner recommended that approval of the CUP Amendment and Subdivision be conditioned that the property owner enters into an interim use agreement with the intention of terminating the billboard at the end of the current lease agreement. The Lapham Hickey representative thought there was a 10 -year lease in place for the billboard with 8 years remaining. He indicated that he would have to discuss this with the home office, but did not anticipate a problem. Knudsen noted that the Commission recommends approval of the CUP Amendment and Subdivision, that condition would be part of the approval. Grotkin asked if the billboard could be made part of a smaller piece of property. The City Planner indicated that that was highly unlikely to be approved given the billboard is a non - conformity. Duray asked if the City required proof of the number of employees in processing a proof of parking. The City Planner indicated that it was common to rely on the employee count submitted by the applicant. He noted that one of the conditions is that the City can require additional parking be installed if it becomes evident that the parking is not adequate. The Planner also noted that the Lapham Hickey building is in a relatively remote location. Duray noted that there is a lot of available area to construct additional parking if it is needed. Maleitzke asked about the body of water location across Spruce and the plan to address run -off. Grotkin noted that a storm water plan was presented to both the City Engineer and the Watershed District for approval. Duray asked about landscaping. Grotkin noted that a landscaping plan has been submitted which includes a variety of plants. He also indicated that they would be open to any suggested modifications. The City Planner indicated that the landscape plan is more than adequate for an industrial property. - 2 - 24 MINUTES PLANNING COMMISSION APRIL 12, 2012 Duray asked what the building addition would be constructed of. Grotkin replied that the existing building is a precast fabcon and the same panels and manufacturer will be used for the building addition. Roof heights will match. Knudsen asked if the revised plans were adequate to address the issue of the door. The City Planner replied that there should not be any impediment in constructing the driveway as shown on the revised plans. Duray recommended approval of the Amendment to the Conditional Use Permit for proof of parking and the Subdivision approval to combine two platted lots requested by Lapham Hickey Steel at 3250 Spruce Street based on the revised plans submitted this evening and subject to compliance with the recommendations of the City Planner as outlined in his April 6, 2012 report and the City Engineer as outlined in his April 4, 2012 report. Motion seconded by Knudsen. Motion carried 7 — 0. PUD PERMIT — Justin Rath, representing the owner of 2905 Country Drive, appeared 2905 before the Commission requesting approval of a Planned Unit COUNTRY Development (PUD) Permit to allow the operation of an adult day -care DRIVE — facility at 2905 Country Drive as proposed by the Hmong MN Senior HMONG MN Center. Rath indicated that the use is similar to the one approved about SENIOR a year ago, that being Dynamic Connections, a day -time home school CENTER program for autistic children and their families. Rath reported that the adult day -care facility is proposing to occupy the back half of the building. Dynamic Connections occupies the front quarter of the building on the south and Temo Sunrooms the front quarter of the building on the north. Knudsen asked about traffic flow given the similar uses of Dynamic Connections and the Hmong MN Senior Center. Mr. Sab, Program Director of the Hmong MN Senior Center, reported that the center has six 15- passenger vans that will leave the site at 8:00 a.m. to pick up clients, returning at 9:00 a.m. The vans will then leave at approximately 3:00 p.m. to bring clients home. The entrance and drop -off area for the vans is at the back of the building (west side). Vans will be parked in the back parking lot and will remain overnight on the property. The access door for Dynamic Connections is on the south side of the building and that is also their designated parking area. - 3 - 25 eta a 7/e Wanah 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 www.ci.little-canakia.mn.us MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss ADMINISTRATOR Joel R. Hanson MEMORANDUM TO: Mayor Blesener & Members of City Council FROM: Vanessa Van Alstine, Cable Television Producer DATE: June 21, 2012 RE: Edit Computer Purchase The Apple Power Mac G5 computer used for editing video failed in August 2011. Staff brought the computer to the Apple Store for service where it was diagnosed with a bad logic board. To replace the board would have cost over $2000. Since the computer was purchased in 2005, it was already six years old, several technological generations out of date, and no longer compatible with the current operating system. It was not a good use of resources to repair that computer. CTV North Suburbs had recently upgraded their computer systems and retired some similar computers. While CTV's Power Mac G5 was slower, with a single processor 1.8GI-Iz instead of the dual processor 2.5GHz in the system that failed, staff was able to transfer the hard drives, video card, RAM, and other accessories to quickly get a system functioning to allow completion of summer sports. The video industry was anticipating upgraded computers from Apple in the near future, so staff held off on replacing the borrowed G5, holding out to purchase the next generation of technology and make the most of the upgrade window. The professional, expandable computers used for video editing were finally updated on June 11, 2012. While the update was not major, the next generation technology will not be available for an estimated 12 -18 months. Staff has been making do, but the borrowed computer will not run current software. It is much slower than the old computer, and waiting another year is not practical. Attached is a quote from the state & local government Apple Store for a Mac Pro 3.33GHz 6 -Core Intel Xeon with 6GB RAM, ATI Radeon HD 5870 graphics card, 1TB hard drive, dual optical drives, VGA adapter to connect to the existing display, and extended protection plan. This is a build -to -order option with the processor and graphics board optimized for video editing. The second optical drive allows for more capacity burning DVDs for distribution of finished shows. The total cost is $3,584.88 including sales tax. The local government discount is $370.34 compared to the same configuration through the retail Apple Store ($3,955.22). This system has the minimum specification for memory and hard drives since Apple's prices are non - competitive but the components are easily upgraded. Staff intends to upgrade the RAM to 24GB, with 4GB available per processor core. RAM is a commodity item, with the price shifting depending on sales and promotions, but the cost would be approximately $230.00. The computer will hold up to four hard drives internally. Since a single two hour baseball game can use up to 58 GB of storage space, and we shoot dozens of games per year, there can never be enough storage space. Hard drives are also a commodity item, with 3TB drives often available under $200.00. Staff would wait for a good purchase opportunity to maximize memory and storage to serve video production needs for several years. Staff recommends the City Council approve the purchase of a Mac Pro system from the Apple state and local government store at a cost of $3,584.88 with funds coming from the Cable Fund. Staff further recommends the City Council approve the purchase of accessories including memory and hard drives with a total cost not to exceed $1,000.00, funds taken from the Cable Fund. Apple Store for Government : Your Cart Page 1 of I "irAppie Store for STATE & LOCAL. GOVERNMENT Bop Can Search the Mom 1 Homo Mac IPod )Pad Mac Aoceeeorloa Mac Software Solutions 8. Offerings Your Cart Add Pan Item Plcturo Add Description Me< Pro 32GHt Quad-Core Intel Xoon t& 00nprp ZOP1 ,$postoIDna Proce:ossor (065.011X) • Ono 3.33GIiz 6-Care Intel Xoon Memory: (065.0122) - 6GB (3x206) Graphics: (065 .0120) - ATI Radaon HD 5870 106 Hard Drive - Bay 1: (065 -0120) - 1T6 7200-rpm Serial ATA 3Gbls Optical Orivo: (065.0133) - Two 18x SuperOrives Mini OisplayPorl to OVI Adaptor (065.0665)- Apple Mini DisplayPort to DVI Adaptor Mouse and MegicTrackped: (065-0211) -Apple Magic Mouse end Apple MOOD Trackpad Apple Battery Charger: (065.00541 -Apple DelIory Charger Apple Koyboerd and Documentation: (0559593) • Apple Keyboard with Numeric Keypad (English) / User's Guide (English) Estimated Shipping: 2 -4 Business days Quantity Total Quantity Unit Price Total Price 3,146 00 USD 3,146.00 USD Romovo ApploCare Protection Plan for Mac Pro - Auto 1 199.00 USD 159.50 USD RQmnye Enroll 53135LUA Estimated Shipping: Within 24 hours Stole •Minnesolo I:<7) zip Coco 65117 .:..._.. Subtotal: 3.145.50 USD estimated Inc : 239.09 USD Tole!: 9,664.66 USD Update Checkout cteote ¢eyep_c0E copyionro 2012 Apple (enreved. Tr:ms of use Privacy Policy Thu Applicable Terms Hein contact us hugs: / /ecommerce. apple. com/ asb2b/ updatecart/(eScrollCharGroupName =%24B ASL_GR... 6/21/2012 MAYOR Bill Blesener COUNCIL Rick Montour John Reis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little-canada.mn.us MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: June 22, 2012 RE: Canadian Days Fire Works Contract Attached is the Canadian Days Fire Works Contract with RES Specialty Pyrotechnics for this year's celebration. The $5,000 cost is the same as last year. As in the past, the City would be responsible for $4,000 of this cost and the Canadian Days Committee the remaining $1,000. It should be noted that RES Specialty Pyrotechnics will provide the City and Canadian Days with a $5 million liability insurance policy. Based on RES Specialty Pyrotechnics' past performance, City staff recommends approval of the contract subject to submission of the appropriate proof of insurance. RES Specialty Pyrotechnics M A G I C I N T H E E A I R R Sunday, June 17, 2012 Joel Hanson City of Little Canada 515 Little Canada Road East Little Canada, MN 55117-1600 Dear Joel: Thank you for your time during our recent conversation regarding fireworks for Little Canada Canadian Days. I was thrilled to have choreographed your fireworks program last year and I am looking forward to working with you to design a show for Little Canada Canadian Days on August 4, 2012. Our proposal indicates size, shell effect, and quantity of shells. The maximum shell size has been reduced to 4" which eliminates the need to remove the cars from the parking lot following the ball games. The shells listed in our proposal will be used to design the following segments: Opening Barrage, Main Show Body, Select Patriotic Shell, Signature Pattern Shell, Multiple Effects Barrage Cake, and Grand Finale. Our show design uses piled, stacked and multi -break shells. Our customer service and communication principles are based on personal relationships. We listen to your needs and expectations. We then implement them into your program, resulting in a unique one -of -a -kind show. Our displays are a turnkey operation and are coordinated with your event. The entire show is electronically fired for added safety. Our proposal includes all materials, equipment, certified display operators, necessary permits, and $5,000,000.00 liability insurance. The total cost will be $5,000.00. Please keep one copy for your records, sign the second copy and return it in the enclosed self- addressed stamped envelope. Please feel free to contact me should you have any additional questions. Sincerely, Ervin J. Hyman Director of Business Development RES Specialty Pyrotechnics RECEIVE° JUN 21Li? CITY OF LITTLE CANADA 21595 286th Street a Belle Plaine, MN 56011 " Phone: 952.873.3113 m Fax: 952.873.2859 RES Specialty Pyrotechnics MAGIC IN THE AIR DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 17th day of June, 2012 between RES Specialty Pyrotechnics, Inc. hereafter referred to as the SELLER and City of Little Canada, hereafter referred to as the BUYER. IT 1S MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Date(s) Time Duration Location Event Sponsor OBLIGATIONS OF SELLER: Outdoor Fireworks Display Saturday, August 4, 2012 10:00 PM (approximately) 14 -18 minutes (depending on intensity) Spooner Park; Little Canada, MN City of Little Canada SELLER shall provide all materials, equipment and personnel necessary to perform the above - mentioned display. SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2010 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2006 edition. SELLER shall provide show liability insurance in the amount of $5,000,000.00 to cover the fireworks display and cleanup. SELLER shall include the BUYER, as co- insured on Certificate of Insurance. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs for security, safety and cleanup at the display site. TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. This agreement shall run no longer than one (1) calendar year. However, if before the date of the scheduled performance, the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time. In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the SELLER for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually agreeable date. 21595 286th Street A Belle Plaine, MN 56011 m Phone: 952.8733113 n Fax: 952.873.2859 1 PAYMENT: Contracted amount: $5,000.00 inclusive of sales tax, if applicable. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Specialty Pyrotechnics, Inc. in the form of a company check, certified bank check, money order, or cash. CANCELLATION: In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be entitled to and receive 25% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post - production costs incurred. THIS AGREEMENT is the whole agreement of the parties' above named. No representation inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly authorized officer of each party. IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below. CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS. BUYER: SELLER: Ery Haman — RES Specialty Pyrotechnics Title: Title: Director of Business Development Signature: Signature: ('�' Date: Date: C ' / 7 - l) 2 Joel Hanson From: Joel Hanson Sent: Friday, June 22, 2012 12:12 PM To: 'Stephen Grittman' Subject: Definition of Assembly St. Anthony has been in the news for voting down an Islamic center in an industrial zoning district and redoing their definition of assembly. (Link to article at end of message.) The Mayor asked us to make sure we are not faced with a similar issue. I took a quick look at ours and see we don't define "assembly ". Rather, we define "church". Here is what that says: 4. Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. In our. I -1 and I -P Districts, the only reference to assembly does not seem to give us exposure to the St. Anthony issue (see below). G. The manufacturing, compounding, assembly, packaging, treatment, or storage of products and materials, unless expressly prohibited by this ordinance. I also looked for what districts allow "churches" in our zoning code. The Public District seems to be the only one based on the following: C. Public or semi- public recreational buildings and neighborhood or community centers; public and private educational institutions Limited to elementary, junior, high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues. Based on this information, can you please look this issue over and be prepared to comment about any issues we may have .relative to what St. Anthony is experiencing at Wednesday's meeting?? Thanks and let me know i.f what I'm asking isn't clear. Inc] . St. Anthony City Council votes down Islamic center; Muslims claim bias - By Elizabeth Mohr emohr @p.i.oneerpress.com < http:// www. twincities. com/ loca .inews /ci_20849431 /st- anthony- .1slamic- center- voted- down - group- asks ?source= ema.il.> 1 St. Anthony City Council votes down Islamic center; Muslims claim bias St. Anthony City Council votes down Islamic center; Muslims claim bias By Elizabeth Mohr enzohr@pioneerpress.com pioneerpress.com TrainCities.com- Pioneer Press Posted: Page 1 of 2 TwinCities.con. Minnesota Muslims are calling on federal authorities to look into a vote by the St. Anthony City Council, claiming bias in a decision to vote down a proposed Islamic center. The council voted 4-1 Tuesday, June 12, against an application for a conditional -use permit that would have allowed the Abu - Huraira Islamic Center to be established in an area zoned for light industrial. At the same meeting, the council voted unanimously to approve a change to the city code clarifying the definition of assembly, allowing religious and nonreligious assemblies to be established in commercial zones and prohibiting all assemblies in light industrial zones. The previous city code allowed churches, temples and synagogues only in residential areas but allowed assemblies, meeting lodges and convention halls in both commercial and light- industrial zones. The proposed Abu - Huraira Islamic Center would have been situated in a light - industrial area. City staff had recommended that the council approve the application. In order to establish its center within St. Anthony, the applicant must find a new site and re -apply for a conditional -use permit, said City Manager Mark Casey. If the application had been approved as submitted, the center would have been grandfathered in as a legal, nonconforming use, as long as the center didn't expand, Casey said. In a news release Wednesday, the Minnesota chapter of the Council on American- Islamic Relations called foul and said discrimination was at play. "At (Wednesday's) council meeting, the proposed Islamic center faced opposition from an intolerant speakers (sic) who -- Islamic center proponents assert -- clearly exposed the real reason for the approval delay and rejection," the release said. The group has asked the U.S. Department of Justice to investigate allegations of anti- Muslim bias," according to the release. Casey acknowledged that some speakers at Tuesday's meeting made disparaging remarks but said the city council did not agree with them. "It was an emotionally charged meeting," Casey said. "And some of the comments made were not representative of the mayor and council." In February, Muxamedrashid Ali applied for a conditional -use permit to convert a portion of the St. Anthony Business Center into the Islamic center, according to city documents. Similarly, the city received -- and later denied -- an application for a religious assembly in a light - industrial zone last year. That request came from Mountain of Fire Miracle Ministry of Minnesota, a hap : / /epleleanprint.net /cpf /cpf? action =pri nt&url= http %3 A% 2F% 2Fwww .twincities.com %2Fportlet %2F... 6 /22/2012 2 St. Anthony City Council votes down Islamic center; Muslims claim bias Page 2 of 2 Christian group, Casey said. The two requests prompted the city in March to launch a study of assemblies in commercial and light - industrial areas and to issue a moratorium on conditional -use permits for assemblies in those areas. Elizabeth Mohr can be reached at 651 -228 -5162. Follow her at . http:// cp £cleanprint.net /cpf /cpPaction= print& url= http %3A %2F %2Fwww.twincities.com %21: portlet%2F... 6/22/2012 3 o e Wana% MAYOR Bill Blesener COUNCIL Rick Montour John Reis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little- canada.mn, us MEMORANDUM TO: Mayor I3lesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: June 22, 2012 RE: 2012 Deer Control It is time to plan for 2012 deer control. Attached is a Deer Management Plans which lays out proposed parameters for this year's plan. Staff is essentially recommending the same hunt areas as last year even though we were not able to obtain any numbers from some of these areas due to weather conditions. The Council will need to decide whether to proceed under this plan or take a modified approach. 1 Deer Management Plan Little Canada, MN Introduction Little Canada maintains a deer management program involving education and periodic removal of deer. The goals of the program are: • To prevent starvation and disease from overpopulation of deer. • To reduce the number of motor vehicle accidents involving deer. • To preserve and protect the land of property owners. • To maintain a population at a "socially acceptable" level. Resident complaints regarding the growth in the deer population had been steadily increasing from 2008 through 2011. The complaints largely fell into two principal categories. One dealt with the concern that that the growing deer population in Little Canada was increasing the risk of car /deer accidents. The other involved damage to plants and landscaping in the community. Past aerial survey data collected by Ramsey County Parks & Recreation was reviewed. One site in the northeast part of the City has shown a dramatic growth in the deer population as depicted by the following chart: Year 2000 2001 2003 2004 2006 2007 2008 2009 2010 2011 2012 Deer Count 18 35 14 20 54 52 51 71 81 69 Unable to Count 2 In 2011, the survey area was expanded. A map with the aerial deer survey counts and a comparison from 2010 to 2011 is attached as Exhibit A. (Note: No count was taken in 2012 due to the lack of snow cover.) According to biologists, a square mile of land in a "natural area" can support about 20 deer. Little Canada is about four (4) square miles. Factoring out the developed land and lake areas, it becomes reasonable to assume that Little Canada has less than one square mile of "natural area ". As a result, a population of 20 deer or less would be considered sustainable. In the aerial survey conducted by Ramsey County Parks & Recreation in January of 2011 and attached hereto as "Exhibit A ", 109 deer were counted within the City limits. The City reviewed literature and consulted with other experienced professionals regarding population control options. They were as follows: 1. Fertility Control Drugs - Still new and experimental. Very expensive. Estimated cost is $200 to $500 per deer. Very labor intensive - average 8 man -hours per deer. Must be administered to high percentage of female segment to produce any results. Does not reduce current population. Future doses may be necessary. Research has not shown this to be a viable solution for urban deer issues. 2. Sharpshooters - This option is expensive. Pricing is likely in the range of $200 to $300 per deer. While this technique has proved effective in other Ramsey County areas, it was felt other options should be initially pursued. 3. Urban Bowhunting Through Metro Bowhunters Resource Base (MBRB) - Most cost efficient and safe method for reducing urban deer populations. Bowhunters can apply and are required to, pass education and proficiency tests before approved to hunt, The City, in conjunction with MBRB can decided on hunting details to best fit specific situations. Hunting takes place during the State archery season. 4. Allow Private Hunting Through a Permitting Process and Utilizing the Bow and Arrow Deer Hunting Season — This method is used by the City of Vadnais Heights pursuant to set criteria, Given the lack of large, privately owned sites and the concerns about controiling hunter activity, this option has been employed ona very limited basis for large parcel areas (25 acres or greater). In 2010, a permit was granted for the Sculley property at 3000 LaBore Road and one parcel immediately adjoining the Sculley property. The Sculley permit requires all hunters to be pre - identified before the hunt and to provide evidence of "sharp shooter" status with a bow and arrow. The size of this parcel and its critical location relative to deer herd • management has been the basis for including this parcel on a "private hunt" basis. In 2011; a private hunt permit was also granted to Frank Frattalone for his property located at3204 Rice Street and 3205 Spruce Street given the large size of these two adjoining parcels and their relative isolation from residential areas. Similar hunter qualification requirements were in place. Options 3 & 4 have been the methods employed by the City of Little Canada. 2 3 Control Results In the fall of 2009, the City contracted with Metro Bowhunters Resource Base (MBRB), a non- profit organization of bowhunters to conduct a controlled hunt in the area of St. John's Cemetery and other adjoining lands. 13 deer were removed from that area over three, two -day hunt periods that were spaced three weeks apart. The first hunt resulted in 10 deer being taken. The second yielded three deer and no deer were taken during the last hunt. In 2010, the hunt areas were expanded and 52 deer were taken with the hunt areas depicted on Exhibit B. Even with 52 deer taken and 42 from the areas in the NE part of the City, one can see from the chart previously discussed that the population on dropped from 81 to 69. Even in the area by St. John's cemetery that has been hunted two years still has a population of 13 deer, down only one from 2010. This indicates the need for a continued program if numbers are to be reduced to acceptable levels. In 2011, 33 deer were taken from the hunt areas depicted on Exhibit B. (Note: Result details are attached as Exhibit C). We also added additional hunt areas consisting of Gervais Mill, LC Elementary (south portion) & Spooner Park, and the Frattalone Property). These areas had additional restrictions and were late season additions. No deer were taken from these areas in 2011. It is important to state that it is not the City's intent to eradicate deer from the landscape. Rather, deer are considered to be a valuable element of Little Canada's ecosystem in which, absent natural predators, humans must assume the role of controlling the deer population at healthy and socially acceptable levels. It appears the majority of residents favor the City's efforts to attempt to control the population. The number of complaints about deer impacts to property had been increasing as the program has gained more visibility. The City's Community Survey completed in the summer of 2011 also shows support for these types of efforts with 78% wanting to maintain (74 %) or increase (4 %) the service. Complaints about the deer population have subsided in 2012. Staff believes the reduction in complaints is largely due to the citizen's knowledge that the City has been actively managing the population versus a lack of concern over the deer population. Deer Management Goal /Obieetiyes /Policies Management Goal: Manage white - tailed deer populations within the city at socially acceptable levels. Management Objectives: • Develop an operational management program to maintain deer populations within acceptable limits • Maintain an overall deer population in the community of 10 deer per square mile (40 deer) • Manage deer populations within the City so as not to exceed 20 deer per square mile 3 4 • Reduce the number of car /deer collisions • Educate residents as to the value of deer and deer habitat; minimizing nuisance problems through planting and landscaping; and the ramifications of supplemental deer feeding • Create a uniform system for handling resident input relative to deer management • Pass an ordinance prohibiting the feeding of deer and other wild animals /fowl. Management Policies: 1 The City will continue to contract with Ramsey County Parks & Recreation for annual aerial deer survey services. The annual survey, resident input, and the availability of suitable hunt sites shall be used as a basis for determining the extent and location of any deer removal efforts for the upcoming season. 2. Attempt to document all resident input, including phone calls, a -mails and letters shall be collected by the City Administrator and be provided to the City Council for its annual evaluation of the deer management program. 3. Deer removal efforts necessary to achieve City objectives shall be limited to archery and shall be conducted by the Metro Bowhunters Resource Base (MBRB) or by private property owners when they have a site at least 20 acres in size and the hunters pass appropriate proficiency criteria and abide by City hunt rules. 4. Deer removal operations shall be conducted on public property where practical, and on private property where conditions are conducive to archery and of sufficient size and development is limited. Combinations of parcels to yield a site of sufficient size (ideally no less than 20 acres) and with limited development are acceptable; subject to property owner consent. 5. Notice will be mailed prior to the first removal date to all property owners whose land adjoins a proposed deer removal site. The notice shall include the dates of all hunts for that season and contact information for deer management personnel (city staff and law enforcement). 6. The City will provide deer management information to its residents through the City's newsletter and website. Deer Management - Plan -- 2012 It is anticipated that the City will utilize control areas similar to those used in 2011 (Exhibit B). That assumption is based on the cooperation of a number of private and public property owners whose permission will be sought if this plan is adopted by the City Council. We will also continue to attempt coordination with the City of Maplewood to add hunts in the areas of Spoon Lake and the NW corner of County Road C & Highway 61, In 2011, Maplewood chose not to add those areas and indicated they were contemplating the use of a sharpshooter in 2012. Finally, should other viable hunt areas present themselves, they will be review on a case - by -case basis. 4 5 Hunt rules have been established for the program (see Exhibit D). We will continue to monitor the control efforts in terms of deer population impact. It appears that continuous efforts will be needed to gain further reductions in the population as well as to keep the numbers in check assuming a "reasonable" population is attained. No limits on the numbers taken are recommended. This is because the population reduction is almost self - limiting given that increased hunting pressure dramatically reduces the numbers taken after the first two cycles of hunting. Staff also believes that it will be virtually impossible to reduce the population below the supportable level of 20 deer. The City will also participate in Ramsey County's aerial count anticipated to be done in early 2013, conditions permitting. 5 6 EXHIBIT A Ramsey County Aerial Deer Survey 2010/2011 Comparison 30/2; 20 0/2011 folal COUnted in January 2010 - 042 rota) counted in January 2010 - 1115 EXHIBIT B 2011 Deer Control Sites J ' W,i,� fT�J frf ilh l N �e .. `�A IS2/ 1 ❑ Selected Features • I �S� V' �' � Municipalities Road Centerlines (County) so County Roan Al Stew Hwy 114_, (R t /V� -l' eft � A� /I` 11 9$ h \ Rater ❑ Parcel PolY9elm Highway Shields Street Name labels �fM1h- .'TT11'l1 - �Structures SP • l' Haig < UUU Ili nth b.1� J A a ' ��jj Lyy .II:U V Z R ritl,ill n• v 694 r 1 �.. l Inn I w �w 1 " 1 m g a in 111-1 a t t2. '' .0 _ a ID n.a • • 2 # -5- _ u�ni9 \\v , M t 1 �, �r " Lill ..� -97, ,� 'i'(,151� 1 1_� 1 �� __ IL �� I�� I� :°t �- f U 0 MB" 1 F IG J I 1 r Y LI I1tT � itli4fG}K+➢A �ti• L_ - 1 X14 ! III {� ® K Y. } ! / A in 1 utnrtUl t fI� x., '� 1'v r Ear IF _ l 1 T Etti � ki iv '� VII �u i ., II t E_. / z d cc"`"` nrl n 7i/ r a6 +I �j L�{IIR ,-ps— ma" . 1. .}J�i n f(ir 'e � r ,_rte _ I_ 1 k 11, 5551D Is , nl' 'Ay �'�a lek n r�L I11, N S � _ ]-- �Ilimnunrt`. ViliH iiiii W ,Ittinntrit . ,F4WIT4111;11\ I4tt't4.t 1 " • 11 I 6 a«« is � § 1 t mu t. ta / rt ` �y 3l1ki83i%lAi u % / �J 1 raumeI�mnarr'W'fIA „rYkNTf ----- ma-. F DISCLAIMIiIt:'I'Itis map is neither a le(,ally recorded map no a smvcy and is non intend el to be Ised as one. This map is a compih lion of records, information and data located in various city, co m y, state and federal 0 (ices and other sources legs [ding the m' ea shown, and is to be used fo reference purposes only. SOURCI :S: Ramsey County (August 1, 2011), The Lawrence Groun;August 1, 2011 for County 1 m'ccl and property records data; August 2011 for commercial and 8 IL F tea 1•- O 4 0 0 0 o ° o 0 0 0 0 0 0 EXHIBIT C N Or M 0 r CO Z z z 2 z Z a aaaaaa ZZZZZZ ° ° 0 Z L z z z CO v o 0 0 m N 0 0 O 04 0 N a a a a a a a z Z Z Z Z Z Z 0 0 0 0 0 0 0 o•0 N -* 0 0 0 0 O o O C. 0 0 0 0 0 0 0 n 0 F. ° 0 0 ° o o 0 o 0 0 0 0 0 00 Co F o ^' 0 0 0 0 0 0 0 o o r 0 r 0 0 0 04 O N O O N O N N - a gaaaaa_ zzzzzzz O r r O M O O r m N o 0 a N r o r 0 0 0 a_a Z Z 0 0 0 0 . o i� 04 F. M N 3 O O CO o r 0 0 o ;° r 0 0 0 3 0 0, r 0 o r o Z r r 0 w a aaaaaa o 0 0 0 z Z Z z z 0 0 0 o m o Week of 9/17 as Z Z a Z Z r o 3 Z Z z Z Z k2 NY & O 1 Ul 0 0 N N c N 3 c < §=c?x 0 a Z A N 0 0 Cl m N O 0. Ca 2 N3 w n r Q 1 N 0 Dar r _. 0 t. 0 ofO 0 0 0 a o o ®am V) 0 0 0 0 01 04 0 0 0 3 0 o.r r 0 0 0 0 2m o 9 Frattalone Site Anterless - Week Cumulative T EXHIBIT D DRAFT City of Little Canada Special Archery Deer Hunt Rules for All Hunts Conducted by MBRB 2012 1. All hunters are selected through the Metro Bowhunters Resource Base (MBRB). 2. Hunts are conducted using sharpshooter status MBRB archers. 3. Deer hunt locations are limited to the areas as identified on the attached maps. 4. There will be xx hunt periods consisting of: DATES TO 1313 DETERMINED. 5. No hunting will be allowed on the Spooner Park/LC Elementary School /Gervais Mill sites as well as the St. Paul Regional Water Service property west of I -35E until the November /December dates and only within the areas designated on the approved hunt area maps. 6. 'free stands can be erected on the day preceding each hunt period. No hunting on the stand set up days is allowed. 7. Stands should be discretely placed so as not to be visible frornother residential structures in the area or from public road right -of -way. 8. Hunters must follow all Minnesota DNR laws and all MBRB special rules. 9. All hunt periods are for either sex deer with eh emphasis on shooting antlerless deer. A minimum of one bonus tag must be in the hunter's possession at all times. 10. Hunters must carry a hunt authorization letter from the City at all times during hunt. 11. Hunt areas are closed to the public for the purpose of safety during the hunt. 12. All incidents of trespass should be reported to the MBRB hunt coordinator who will contact the Ramsey County Sheriff's Department. 13. Archers must hunt from elevated stands. However, ground blinds may be used by disabled hunters. In this case, the MBRB hunt coordinator will place the blind in a safe location: 14. Screw -in tree steps are prohibited. Archers must utilize strap -on steps, ladders, climbing sticks, or climber stands for vertical access to their stand locations. 15. Hunters must have a flashlight and a warning whistle within easy reach during entry, egress, and while on stand. A cell phone is also recommended. 16. All hunters must use a five -point fall restraint harness while on stand. Hunters also must utilize a fall restraint system during ascending and descending access operations. 10 17. Only TMA approved stands/ steps are acceptable. Use of any homemade stands /steps is prohibited for safety reasons. 18. Only buckthorn can be cut for shooting lanes. Cutting should be flush with the ground. Shooting lanes should be minimized so that stand locations are not readily apparent. 19. Archers must park in designated areas only and have a City supplied parking permit properly displayed. 20. Only deer may be taken during special hunts. 21. Hunters must log in an out of the hunt areas each time they leave. The MBRB hunt coordinator will provide a log in sheet at an appropriate location. 22. Archers cannot track deer outside of hunt boundaries. Hunters must contact the MBRB hunt coordinator if deer retrieval is required outside of hunt boundaries. The hunt coordinator will make arrangements for police escort, or obtain landowner permission before tracking deer onto adjacent properties. 23. Hunters shall bring a small shovel with them as part of their hunt gear to enable them to bury entrails at the hunt site. The burial site must be well out of view from any residence or other area where the public could be present or have visual access. NOTE: Some sites, due to their proximity to residences, will require that the entire deer be removed from the property before the removal of entrails. Processing of those deer will be conducted at the City's Designated Processing Site. 24. Hunters shall make use of approved sanitary facilities located at the Old Fire Station, Spooner Park, City Hall, or other appropriate public restrooms. 25. Hunters should immediately report any incidents to the MBRB hunt coordinator. 26. Hunters are directed not to speak to any protestors or news media. These incidents are to be reported to the MBRB hunt coordinator immediately. The MBRB hunt coordinator will contact the appropriate City staff and /or the Sheriff's Department who will handle any communication needed. 27. Ramsey County dispatch should be contacted immediately in the case of accidents, dial 911. 28. Additional restrictions may be added at the required orientation meeting. 29. Failure to follow rules will lead to removal from the hunt. MBRB will hunt the Sculley property pursuant to these rules. 11 Wit o Std. ganata MAYOR Bill Blesener COUNCIL Rick Montour John Reis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little-canada.mn.us MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: June 22, 2012 RE: Performance Aid Measurement Program To receive additional Local Government Aid of $0.14 per capita, we need to measure and report on 10 performance measures (see attached information from the League of Minnesota Cities). Our survey from last summer addresses a number of these measures and may fulfill this requirement. At the worst case, we will need to add a couple of additional questions that deal with water and sewer. This can be done through the League of Minnesota Cities. We also need to report the results to the citizens by the end of the year (again, we have done a large part of this with our 2011 Community Survey). If additional surveying is needed, we will advertise that in our next newsletter. The Council also needs to adopt a resolution that states we have adopted and implemented the minimum 10 performance measures and that we will report the results of the measurement before the end of this calendar year. Staff will prepare a resolution for your consideration that will be presented at Wednesday's meeting. 1 Performance Measurement Program Page 1 of 2 Performance Measurement Program The Program In 2010, the Legislature created the Council on Local Results and Innovation. In February 2011, the Council released a standard set of ten performance measures for counties and ten performance measures for cities that will aid residents, taxpayers, and state and local elected officials in determining the efficacy of counties and cities in providing services and measure residents' opinions of those services. In February of 2012, the Council created a comprehensive performance measurement system for cities and counties to implement in 2012. Cities and counties that choose to participate in the new standards measure program may be eligible for a reimbursement in LGA and exemption from levy limits. Participation by Cities and Counties Participation in the standard measures program by a city or a county is voluntary. Counties and cities that choose to participate in the standard measures program must officially adopt the corresponding 10 performance benchmarks developed by the Council and implement them. To view the 10 performance measures for voluntary adoption for both cities and counties, please click on the following link: http: / /www. and itor. state. mn. us /other / councils /LocalResu ltsand I nnovation /final_report. pdf. Benefits A county or city that elects to participate in the standard measures program is eligible for a reimbursement of $0.14 per capita in local government aid, not to exceed $25,000 and is also exempt from levy limits under sections 275.70 to 275.74 for taxes payable in the following calendar year, if levy limits are in effect. Reporting Requirements for 2011 In order to receive the per capita reimbursement in 2011, and levy limit exemption for calendar year 2012, counties and cities must: • File a report with the Office of the State Auditor by July 1, 2011. This report will consist of a declaration approved by the city council or county board stating that the city /county has adopted the corresponding 10 performance measures developed by the Council. To meet the reporting requirements for 2011, a copy of the declaration in a PDF format can be attached to an e-mail and sent to: performancemeasures @osa.state.mn.us. Reporting Requirements for 2012 In order to receive the per capita reimbursement in 2012, and levy limit exemption for calendar year 2013, counties and cities must: File a report with the Office of the State Auditor by July 1, 2012. This report will consist of: 1) A resolution approved by the city council or county board declaring that: • The city /county has adopted and implemented the minimum 10 performance measures developed by the Council on Local Results and Innovation (PDF format). • The city /county has implemented or is in the process of implementing a local performance measurement system as developed by the Council on Local Results and Innovation (PDF format). • The city /county has or will report the results of the 10 adopted measures to its residents before the end of the calendar year through publication, direct mailing, posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed (PDF format). • The city /county has or will survey its residents by the end of the calendar year on the services included in the performance benchmarks (PDF format). 2) The actual results of the performance measures adopted by the city /county (PDF format). (This component is only required of entities that were certified for the program in 2011). To meet the reporting requirements for 2012, a copy of the resolution in a single PDF can be attached to an e -mail and sent to: performancemeasures @ osa.state.mn.us. For those entities certified for the program last year, please also include the results of the measures in a PDF format attached to the same e-mail. A county or city that elects to participate in the standard measures program for 2012 is eligible for a reimbursement of $0.14 per capita in local government aid, not to exceed $25,000 and is also exempt from levy limits under sections 275.70 to 275.74 for taxes payable in 2013, if levy limits are in effect. http: / /www. auditor .state.mn.us /default.aspx ?page= 20110525.013 6/13/2012 2 LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 City Performance Measurement System: Meeting the Citizen Survey Requirement In 2010, the Legislature created the Council on Local Results and Innovation (Council) and charged it with developing ten performance measures for cities. The legislation also directed the State Auditor to administer the Performance Measurement Program by which cities meeting the eligibility requirements would receive funding of 14 cents per capita, up to $25,000, and be exempt from levy limits if they are in effect. One of the requirements is to report citizen survey results to the State Auditor. League survey tool available The League will once again manage an on -line survey that cities can use to fulfill the citizen survey requirement. The goal of doing so is to eliminate the need for each city to administer its own survey, thereby reducing costs and workload. This document is intended to provide cities with an overview of the program, details on what cities will need to do in order to participate in this collaborative survey effort and the exact services that the League will provide. Reporting requirements Below are all of the current reporting requirements from the Office of the State Auditor. Complete information on the requirements and how to report to the Auditor is available on the OSA site. Reporting Requirements for receiving incentive payments in 2012 • Pile a report with the Office of the State Auditor by July t, 2012. This report will consist of: a resolution approved by the city council or county board declaring that: o The city has adopted and implemented the minimum 10 performance measures developed by the Council. o The city has implemented or is in the process of implementing a local performance measurement system as developed by the Council o The city has or will report the results of the 10 adopted measures to its residents before the end of calendar year through publication, direct mailing, posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed o The city has or will survey its residents by the end of the calendar year on the. services included in the performance hertchmarks. • The city must also report the actual results of the performance treasures adopted by the city. (This component is only required of entities that were certified for the program in 2011). 145 UNIVERSITY AVE. WEST ST. PAUL. MN 55103 -2044 3 PHONE: (651) 281 -1200 EAx: (651) 281 -1299 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.ORG Page 2 Reporting Requirements for receiving incentive payments in 2013 • File a report with the Office of the State Auditor by July 1, 2013. This report will consist of a resolution approved by the city council or county board declaring that: o The city has adopted and implemented the niinintuni 10 performance measures developed by the Council. o The city has implemented a local performance measurement system as developed by the Council. o The city has or w'ili report the results of the 10 adopted measures to its residents before the end of the calendar year through publication, direct mailing, posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed. The city has or will survey its residents by the end of the calendar year nn the. services /nchided in the performance benchmarks. • The city must also report the actual results of the performance measures adopted by the city. (" /his component is only required identities that were cerlifred for the program a prior )year). Using the League's survey tool For surveying residents in 2012, cities must indicate to the League that they want to participate in the joint survey effort at least by November 1, 2012. You need to allow enough time in calendar year 2012 to complete the survey in order to meet the OSA requirements! Grail Rachel Walker at rwalker(&Imc.org. League staff will need about a week to create each city's unique survey and to send out the unique URL. The survey instrument The League developed a brief survey instrument based on the ten city performance measures (see page 4). The survey will be an on -line survey hosted by Survey Monkey. Cities that want to offer a paper version can simply print out the survey and supply it to residents. Those cities will be responsible for the data entry work. Cities will be able to tailor the survey within reason (e.g. adding 1 -3 city specific questions). Those cities that do not have water and /or sewer service and therefore not using the water and /or sewer measurers will be able to substitute for those questions with city - specific alternatives (the attache survey offers some alternatives). Those cities that choose not to use the League - administered online survey can take the survey template to create their own survey and generate data necessary to meet the Auditor's reporting requirement. The legislation did not spell out any requirements for the survey element. Ideas for Cities Cities can survey residents in a variety of ways Add the performance measures questions to an existing annual survey that you do. Put a mail survey in your utility bill mailing. Feature a survey on your city website, 4 Page 3 Administering the survey Each participating city will receive a unique URL or link to its survey from the League. The city will distribute that link to its residents. The League will not be able to do any distribution of the link to residents nor any promoting of the survey to residents. Ideas for Cities Cities can share the survey link with residents in a variety of ways: The city website, city newsletter, utility bill inserts reifies that got the best response rates in 2011 used the hill insert approach), email alerts, social media (e.g. Pacebook), fliers at community events, etc. Each city will inform the League of when it wants to survey residents. The League will activate the Survey Monkey survey for each city only for the period of time indicated by the city. Survey data Shortly after the data collection period is complete, the League will send each city a Microsoft Excel file with all of the data. That spreadsheet will include basic tallies of responses to each question. The League will not be able to complete any analysis of the data nor report the data automatically to the State Auditor. Cities will be responsible for meeting the requirements of the Performance Measurement Program related to sharing the survey results with the public and reporting the results to the Auditor. The spreadsheet data that you will receive from L,MC will be easily extracted from Excel for reporting to the Auditor. For questions or to indicate your city's participation, please contact: Rachel Walker, Manager of Policy Analysis rwalker(t lhe. ora 651 -281 -1236 5 Page 4 SURVEY INSTRUMENT Performance Measurement Program Citizen Survey I. In which city do you live? 2. Indicate the number of years you have lived in this city: years 3. Please enter your email address. This will not be shared with the city. It is used to ensure only one response per person. If you do not have email simply type "no email." 4. How would you rate the overall appearance of the city? a. Excellent b. Good c. Fair d. Poor e. Don't know 5. 1 -(ow would you describe your overall feeling of safety in the city? a. Very safe b. Somewhat safe c. Somewhat unsafe d. Very unsafe e. Don't know 6. How would you rate the overall quality of fire protection services in the city? a. Excellent b. Good c. Fair d. Poor e. Don't know 7. I -low would you rate the overall condition of city streets? a. Excellent b. Good c. Fair d. Poor e. Don't know 8. I-low would you rate the overall quality of snowplowing on city streets? a. Excellent b. Good c. Fair d. Poor e. Don't know 6 Page 5 9. How would you rate the dependability and overall quality of city sanitary sewer service? [would be replaced with city- specific alternate for cities without sewer service a. Excellent b. Good c. Fair d. Poor e. Don't know 10. How would you rate the dependability and overall quality of the city water supply? [would be replaced with city - specific alternate for cities without sewer service] a. Excellent b. Good c. Fair d. Poor e. Don't know 11 How would you rate the overall quality of city recreational programs and facilities (e.g. parks, trails, park facilities, etc.) a. Excellent b. Good c. Fair d. Poor e. Don't know 12. How would you rate the overall quality of services provided by the city? a. Excellent b. Good c. Fair d. Poorgo e. Don't know A comment box can follow each question or there can be one comment box at the very end of the survey. Sample alternates for cities that don't have water or sewer (or create your own as long as they are similar in structure to these): • 1 -low would you rate the library services in your city? • How would you rate the emergency medical services in your city (e.g. ER, paramedic services) • How would you rate the quality of environmental services in your city (e.g. solid waste, garbage collection, recycling)? • How would you rate the fiscal management and health of your city? • How would you rate the quality of the transit services in your city (e.g. busses, dial -a- ride)? • How would you rate the quality of licensing, permitting and building inspection services in your city? • How would you rate the quality of code enforcement services in your city (e.g. zoning, property maintenance)? 7 Wt s X17/ eana% MAYOR Bill L3lesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www, ci.little- Canada. nm, u s MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: June 21, 2012 RE: Call for Workshop — July 11, 2012 — 6:30 p.m. Cor Wilson, Executive Director of the North Suburban Cable TV Commission, has requested approximately 20 minutes of the Council's time to review details relative to the Cable TV Franchise Renewal, As a result, City staff is requesting the Council call a workshop meeting for Wednesday, July 11, 2012, at 6:30 p.m. relative to the following discussion items: Cable TV Franchise Renewal Housing Maintenance Code Review schematic — Viking Dr. /Rice Street For Sale Sign Little Canada Road Improvement Update Public Works Garage Social Media Nuisance Code Other we Pf we ganaa6 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 www.ei.little-eanada.mn.us MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: June 22, 2012 RE: Revision to Noise Ordinance MAYOR 13111 Blesencr COUNCIL Rick Montour John Kcis Michael McGraw Shelly Boss ADMINISTRATOR Joel R. Hanson Attached is a copy of our current Noise Ordinance (Chapter 2801). We have been dealing with an issue where a garbage truck has been serving a commercial use at 5:30 a.m. This commercial use abuts residential uses and complaints have been received about this early disturbance. In reviewing our code, 2801.100 prohibits Horns, Signaling Devices, Etc. except when they are used as a "danger warning ". Therefore, the truck's backup alarm would be exempted from this prohibition. Section 2801.090(D) deals specifically with refuse trucks. Residential districts only allow hours of operation from 7a.m. until 10:00 p.m. on weekdays and 9 a.m. to 9 pin. on weekends. Hours of operation are unrestricted in other zoning districts unless a public nuisance is declared pursuant to 2801.100, In reviewing those provisions, we may have a shot at using provision (9) that deals with "Loading, Unloading, Unpacking, Etc.) but that would mean the backup alarm isn't part of the problem. Therefore, it is staff's recommendation that Provision 2801.090(D) be amended as follows: 1. In residential zones or any property in any zoning district that immediately abuts a residential use, from 7 a.m. to 10 p.m. on weekdays and from 9 a.m. to 9 p.m. on weekends. This will ensure we can resolve the current issue and would seem consistent with the original intent of the ordinance. 1 2801. NOISE ORDINANCE 2801.010. DEFINf1'IONS. The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: City Official - Any duly authorized representative of the City as designated by the City Council. I- Iighway - Any street, road or public way in the City. L I O Level - The noise level, expressed in dI3A, which is exceeded ten percent (10 %) of the time for a one (1) hour survey, as measured by test procedures approved by the City Official. Motor Vehicle - Any self - propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle except snowmobiles. Noise - Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. Noise Level - See sound level. Person - An individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. And with respect to act prohibited or required herein, person shall include employees and licensees. Sound Level (Noise Level) - The A- weighted sound pressure level, expressed in dBA, obtained by use of a sound -level meter having characteristics as specified in the American National Standards Institutes (ANSI) Standard SI -4 -1961. Sound Pressure Level (SPL) - Expressed in decibels (dB), is twenty (20) times the logarithm to the base ten of the ratio of the observed sound pressure to a reference pressure of twenty (20) micropascals. 2801.020. FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT. The following regulation is hereby adopted by reference and incorporated herein: Federal Occupational Safety and Health Act, Title 29 - Labor, Code of Federal Regulations, Chapter XVII (Occupational Safety and I-Iealth Administration, Department of Labor). Part 1910 (Occupational Safety and Health Standards). Subpart (3 (Occupational health and Environmental Control). Section 1910.95 (Occupational Noise Exposure) June 27, 1974. 2801.030. MOTOR VEHICLE NOISE LIMITS. The Minnesota Pollution Control Agency, Noise Pollution Control Section, NPC -4, Motor Vehicle Noise Limits, are hereby adopted by reference and incorporated herein. 2801 -1 2 2801.040. NOISE SOURCE REQUIREMENTS. (A) A noise source (excluding motor vehicles operating on public highways, locomotives and railroad cars, snowmobiles, construction equipment at construction sites, maintenance of utility easements, and snow plowing) within the following zoning districts (as defined in this Code), shall not exceed the L10 noise levels set forth below. 1. Industrial Zoning Districts (which may include but are not necessarily limited to foundries, plastics extrusion, heavy- equipment repair, metal treating, cement handling, concrete products, excavation processes, junk -car disposal, or any other manufacturing concern) -- 70 dBA as measured on the property line of the source. 2. Business, Commercial Zoning Districts (which may include but are not necessarily limited to service stations, motels, restaurants, blue printers, lumber yards, dry cleaners, experimental laboratories, schools, car washes, and open sales lots) -- 65 dBA as measured on the property line of the source. 3. Residential Zoning District (which may include but is not limited to single- family dwellings, private schools, day -care centers, private garages, permitted home occupations, churches, public stables, multiple dwellings, and retail shops) -- 60 dl3A in the daytime (7 a.m. to 10 p.m.) and 50 dBA in the nighttime (10 p.m. to 7 a.m.) as measured on the property line of the source. (13) In the event that the property on which an industrial, business or commercial noise source is located abuts residential property, the noise source in question shall not exceed an L10 noise level of 60 dBA in the daytime (7 a.m. to 10 p.m.) and an L10 noise level of 50 dBA in the nighttime (10 p.m. to 7 a.m.) as measured on the property line abutting the source. (C) Construction equipment, which may include but is not necessarily limited to front loaders, graders, cranes, pumps, saws, and generators, being operated at a construction site shall not exceed an L10 noise level of 85 dBA at a distance of 50 feet. See Section 2801.090 of this Chapter for hours of operation. 2801.050. GENERAL TESTING AND MEASUREMENT PROCEDURES. The City Official shall adopt guidelines establishing the test procedures and instrumentation to be utilized, and a copy of such guidelines shall be kept on file in the office of the City Administrator. 2801.060. NOISE IMPACT STATEMENTS. The City Official may require noise impact statements in association with, but not limited to, changes in zoning classifications; and planning of a structure or any operation, process, installation or alteration which may be considered as a potential noise source. 2801.070. CENTRAL AIR CONDITIONING EQUIPMENT. The City Official must approve the location of new installations of central air conditioning plants or equipment which are 2801 -2 3 exterior to a building. If the City Official determines that it is impossible to position a central air conditioning unit an acceptable distance from adjacent properties, then an alternate method of compliance shall be approved screening or buffering which will meet the requirements of Section 2801.040 of this Chapter. 2801.080. SNOWMOBILE REQUIREMENTS. (A) Every snowmobile shall be equipped with a muffler in good working order, good repair, and in constant operation to prevent excessive or unnecessary noise. (B) No snowmobile manufactured on or after June 30, 1970, and before February I, 1972, shall be sold or offered for sale unless it is equipped with a muffler which limits engine noise to not more than 86 decibels on the A -scale (dBA) at 50 feet. (C) No snowmobile manufactured on or after February 1, 1972, shall be sold or offered for sale unless it is equipped with a muffler which limits engine noise to not more than 82 decibels on the A -scale (dBA) at 50 feet. (D) No snowmobile manufactured on or after April 1, 1975, for sale in Minnesota, except a snowmobile designed for competition purposes only, shall be sold or offered for sale unless it is so equipped that overall noise emission does not exceed 78 decibels on the A -scale at 50 feet. (E) No snowmobile manufactured on or after July 1, 1976, for sale in Minnesota, except a snowmobile designed for competition purpose only, shall be sold or offered for sale unless it is so equipped that overall noise emission does not exceed 73 decibels on the A -scale at 50 feet. (F) At a time when the state of the art of noise control technology permits and after promulgation of a regulation in the manner prescribed by law, the standard for snowmobile noise shall not exceed 60 decibels on the A -scale at 50 feet. (0) No person shall modify, alter, or repair a snowmobile or its exhaust system in any manner that shall amplify or otherwise increase total engine noise above that emitted by the snowmobile as originally equipped regardless of date of manufacture. 2801.090. OPERATIONAL LIMITS. (A) Recreational Motor Vehicles. No person shall operate any recreational motor vehicles at any time other than between the hours of 9 a.m. and 10 p.m. Sundays through Thursdays and between the hours of 9 a.m. and I a.m. Fridays and Saturdays and evenings before holidays. (B) Outdoor Power Implements. No person shall operate any outdoor power implement, including but not limited to power lawn mowers, snowblowers, power hedge clippers, or such other implements designed primarily for outdoor use, at any time other than between the hours of 7 a.m. and 10 p.m. on weekdays and 9 a.m. on weekends and holidays. 2801 -3 4 (C) Construction Activities. No person shall engage in, permit, or allow construction activities involving the use of power equipment, including but not limited to any kind of electric, diesel, or gas powered machine, on Sundays or at any time other than between the hours of 7 a.m. and 10 p.m. on weekdays and 9 a.m. and 9 p.m. on Saturdays. Construction activities which can meet the requirements outlined in Section 2801.040 are exempt from the operating limits of this paragraph. (D) Refuse Hauling. All vehicles licensed in the City for hauling refuse shall limit their hours of operation as follows: 1. In residential zones, from 7 a.m. to 10 p.m. on weekdays and from 9 a.m. to 9 p.m. on weekends. 2. In all In all ohs, the hours of operation for the hauling of refuse shall be unrestricted unless a public nuisance is declared as defined in Section 2801.100 of this Code. 3. In the event that a nuisance is declared, the hours of pick -up in all zones other than residential shall be limited to those allowed in residential zones. (E) Emergency Exceptions. Situations wherein immediate work is necessary to restore property to a safe condition or when immediate work is required to protect persons or property from eminent exposure to danger are exempt from operational limits. 2801.100. PUBLIC NUISANCE NOISES PROHIBITED. It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the City. The following acts, among others, are declared to be nuisance noises in violation of this Article but said enumeration shall not be deemed to he exclusive. (1) l- Iorns, Signaling Devices, Etc. a. The intentional sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street, public place or private property within the City except as a danger warning; b. The creation by means of any such signaling device of any unreasonably loud or harsh sound; c. The intentional sounding of any such device for an unnecessary and unreasonable period of time; d. The use of any signaling device except one operated by hand or electricity; 2801 -4 5 e. The use of any horn, whistle, or other device operated by engine exhaust. (2) Radios, Phonographs, Etc. The use, operation or permitting the playing, use or operation of any radio receiving set, musical instrument, sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time at a louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. (3) Loud Speakers, Amplifiers for Advertising, Etc. The use, operation or permitting the playing, use or operation of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for the production or reproduction of sound which is east upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, except as may be licensed by the City. (4) Yelling, Shouting, Etc. Shouting, hooting, whistling or singing on the public streets particularly between the hours of 10 p.m. and 7 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel, or other type of residence, or of any persons in the vicinity. (5) Animals, Birds, Etc. The keeping of any animal or bird which by emitting frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity, (6) Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except: a. To give notice of the time to begin or stop work; h. To give warning of fire or danger; or c. Upon request of proper City Authorities. (7) Exhaust. a. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. b. Mufflers of the type commonly known as "Hollywood Mufflers" shall not be permitted. (8) Defective Vehicles or Loads. The use of any automobile, motorcycle, or vehicle so out of repair or so loaded in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. 2801 -5 6 0 (9) Loading, Unloading, Unpacking, Etc. The creation of a loud and excessive noise in connection with loading, unloading, or unpacking of any vehicle. (10) Noises Near Schools, Courts, Churches or Hospitals. The creation of any excessive noise on any streets adjacent to any school, institution of learning, church, court or hospital while the same is in use which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital, church or court street. 2801.110. EXCEPTIONS. It is recognized that under certain circumstances it would be impossible for a noise source to comply with the provisions of Section 2801.040 of this Chapter due to economic or technological reasons. In cases such as this, application for an exception may be made in writing to the City Official. The application shall contain the following pertinent information: a. Dates for exception requested; b. Location of particular noise source and times of operation; c. Equipment involved; d. Necessity for request of exception; e. Steps taken to minimize noise level from source; and f. Names of responsible persons. The City shall notify by mail all property owners within five hundred (500) feet of the source in question of the requested exception. Applications will be reviewed by the City Official, and a decision to approve or deny the exception will be made in writing to the responsible persons within twenty (20) days of receipt. 2801.120. APPEAL OF EXCEPTION PROCESS. The decision made by the City Official concerning the exception request may be appealed to the City Council within ten (10) days after receiving the City Official's written decision. The appeal shall be filed in writing with the City Administrator who shall schedule a hearing before the City Council as soon as possible. A written report shall accompany the request for appeal. The report shall contain pertinent information which would adequately justify the request for an exception. (Source: Ord. 171) 2801 -6 7