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HomeMy WebLinkAbout03-22-2000 Council AgendaAGENDA LITTLE CANADA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MARCH 22, 2000 A. 1. Call To Order — Reguia 2. Roll Call Mayor Council Member Council Member Council Member Council Member City Administrator City Attorney City Engineer Public Works Director Zoning Administrator Cable TV Producer Deputy Clerk r Meeting — City Council — 7:30 p.m. Mr. Michael I. Fahey Mrs. Beverly Scalze Mr. Jim LaValle Mr. Steve Morelan Mr. Bob Pedersen Mr. Joel Hanson Mr. Tom Sweeney Mr. Terry Maurer Mr. Greg Schroeder Ms. Elizabeth Mursko Mr. Jamie Green Mrs. Kathy Glanzer Approval of the Minutes March 8, 2000 Workshop Council Meeting March 8, 2000 Regular Council Meeting Announcements a. Reminder to residents to return Census Forms - Number of representatives each State has in Congress depends on the number of people living in the state; - The amount of government money your neighborhood receives depends on your answers. That money is used for schools, employment services, housing assistance, roads, services for children and the elderly, and many other local needs. * *This agenda is subject to change by additions and deletions. ** AGENDA CITY COUNCIL MARCH 22, 2000 PUBLIC HEARINGS Public Hearing — Rezoning, Preliminary & Final Plat, Conditional Use Permit for Planned Unit Development, and Vacation of a portion of the Jackson Street right -of -way — 22 -unit townhome development — Park Place — Gordie Howe Correspondence Pages 1 through 20. Public Hearing — Modified Redevelopment Plan for Redevelopment Project Area No. 1; and approving the modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 3 -2 - Park Place City Council and the Economic Development Authority Correspondence Pages 20 through 31. 7. Public Hearing — Conditional Use Permit to allow a group home facility providing short-term respite care as well as a Variance from the setback requirements — Little Canada RoadfMcMenemy Road — Northeast Residence, Inc. Correspondence Pages 32 through 59. 8. Public Hearing — Conditional Use Permit for additional signage on a multiple tenant business building, Architectural Review, and Final Plat — 2600, 2616, 2620 Rice Street — Goodyear Project - R. J. Marco Construction Correspondence Pages 60 through 88. Public Hearing — Property Division — 666 LaBore Road — Theodore & Patricia O'Neil Correspondence Pages 89 through 97. 10. Public Hearing — Special Use Permit for Home Occupation — 2622 Jackson Street — Scott Bixby Correspondence Pages 98 through 109. 11. Public Hearing — Vacation of certain alleyways and Day Avenue Correspondence Pages 110 through 115. 2 AGENDA CITY COUNCIL MARCH 22, 2000 C. CONSENT AGENDA 12. Approval of Consumption & Display License — My Le Hoa Correspondence Pages 116 and 117. 13. Approval of Request for Payment — Pioneer Park Lighting Project Correspondence Pages 118 through 120. 14. Approval of Ramsey County Community Development Block Grant Agreement — Goodyear Project Correspondence Pages 121 through 142. STAFF & CONSULTANT REPORTS 15. City Attorney 16. City Planner a. Concept rezoning for County Road C properties located east of the Coffee Shop Correspondence Pages 143 through 149. 17. City Engineer a. Approval of Plans and Specifications and Call for Bids - Little Canada Road Improvement - Country Drive Right -Turn Lane - Trail /Sidewalk Improvements Centerville Road (from Water Works to Eli Road) Lakeshore Avenue (from County Road C to Australian) Spooner Park Restoration Aspen Pond Trail Reconstruction Correspondence Pages 150 through 155. 18. City Administrator a. Call for Public Hearing to Consider Liquor License Increases Correspondence Pages 156 and 157. b. Joint Powers Agreement — Twin Lake Pines Correspondence Pages 158 through171. c. Change May and June City Council Meeting Dates 3 AGENDA CITY COUNCIL MARCH 22, 2000 E. DEPARTMENT REPORTS 19. Economic Development 20. Public Safety /Gaming 21. Public Works 22. Building/Zoning /Code Enforcement 23. Parks & Recreation 24. Administration 25. Adjourn 4 CORRESPONDENCE CITY OF LITTLE CANADA WEDNESDAY, MARCH 22, 2000 PAGES CORRESPONDENCE 1 -20 Park Place — Gordie Howe 21 -31 Tax Increment Amendments — Park Place 32 -59 CUP & Variance — Northeast Residence 60 -88 CUP, Architectural Review & Final Plat — Goodyear Project 89 -97 Property Division — 666 LaBore Road — O'Neil 98 -109 CUP — 2622 Jackson Street - Bixby 110 -115 Vacation of alleyways and Day Avenue 116 -117 Consumption & Display License — My Le Hoa 118 -120 Request for Payment — Pioneer Park Lighting Project 121 -142 Ramsey County Community Development Block Grant Agreement 143 -149 Concept of Rezoning County Road C Properties 150 -155 Approval of Plans & Specs and Call for Bids 156 -157 Call for Public Hearing to Consider Increase in Liquor License Fees 158 -171 Joint Powers Agreement — Twin Lake Pines .YIAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValie Sceve Moreic n Bob Pedersen 515 Little Canada Road. Little Canada. MN 55117-1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 4538 Joel R. Hanson Email: cityhall @ci.little - canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING PRELIMINARY AND FINAL PLAT, REZONING, CONDITIONAL USE PERMIT & VACATION PROPOSAL: APPLICANT: Request for Preliminary and Final Plat approval for a 22 -unit townhome development, Rezoning of property to Medium Density Residential (R -2), Conditional Use Permit for a Planned Unit Development, and Vacation of the east five feet of right -of -way for Jackson Street from Little Canada Road on the south to Maple Lane on the north. A portion of the property is zoned General Business (B -3) and a portion Single Family Residential (R -1). Maspterpiece Homes, Inc. 127 County Road C East Little Canada, MN 55117 PROPERTY OWNERS: Richard McNamara 1330 Highway 96 White Bear Lake, MN 55110 Richard Miller 141 Little Canada Road Little Canada, MN 55117 PROPERTY LOCATION: Northeast Intersection of Little Canada Road & Jackson Street Property ID Nos. 06 -29 -22-42 -0005, 06 -29 -22-42 -0006, 06 -29 -22-42 -0007, and 06 -29 -22-42 -0009 Little Canada, MN 55117 PLANNING COMMISSION: CITY COUNCIL: The Little Canada Planning Commission will be reviewing this matter at their Thursday, March 9, 2000 meeting. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. The Little Canada City Council will be reviewing this matter on Wednesday, March 22, 2000 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, March 9, 2000 and during the City Council meeting on Wed., March 22, 2000. 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. Page 1 tson, City Administrator CITY OF LITTLE CANADA NOTICE OF HEARING ON VACATION OF STREET RIGHT -OF -WAY NOTICE IS HEREBY GIVEN that a hearing will be held before the City Council of Little Canada at the City Center located at 515 Little Canada Road on the 22nd day of March, 2000, at 7:30 p.m. to hear all persons present upon the proposed vacation of: The east five feet of street right -of -way for Jackson Street lying between Little Canada Road on the south and Maple Lane on the north. Dated this 1st day of March, 2000. Joel R.T-Ianson, City Administrator Page 2 CITY OF LITTLE CANADA RESOLUTION VACATING A PORTION OF THE JACKSON STREET RIGHT -OF -WAY WHEREAS, The City Council of Little Canada has determined to vacate the following: The east five feet of street right -of -way for Jackson Street lying between Little Canada Road on the south and Maple Lane on the north. AND WHEREAS, A public hearing was held on March 22, 2000 before the City Council in the City Center after due published and posted notice had been given by the City Administrator, a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; AND WHEREAS, Any person, corporation, or city owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; AND WHEREAS, It appears that it will be in the best interest of the City to vacate such street right -of -way; AND WHEREAS, Four -fifths of all members of the City Council concur in this resolution; NOW, THEREFORE, BE IT RESOLVED, that the property as described below is hereby vacated: The east five feet of street right -of -way for Jackson Street lying between Little Canada Road on the south and Maple Lane on the north. Adopted by the Council this 22nd day of March, 2000. Approved: Attest: Joel R. Hanson, City Administrator Page 3 Michael I. Fahey, Mayor 11 d €11 81. AJY9D%Q(I. m.n••4 M$ri Dd•9i➢ 55 1 1 S 1L wa l3 1 CO I ^ it .11 - .4166,., a,,< Iwo Lan 60'249 lJf.90.1U'yy&p� y v 1$ SF* r In ""YO r------- I T L••C 1 t:I o4 1 1 16:1 I2xro2! Page 4 M f / 3.x•1 1 1 :1 IC 9 NC NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM RECEIVED MAR - 8 2,Q3 TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: March 7, 2000 RE: Little Canada - Masterpiece Homes - Park Place PUD FILE NO: 758.09 - 00.06 Masterpiece Homes has submitted preliminary plat and final plat drawings for the "Park Place" townhome development at Little Canada Road and Jackson Street. The plat consists of 22 units in eleven twin home buildings. As noted in the concept plan review, the project also proposes to dedicate about 2.75 acres (more than 35 %) for park along Jackson Street. A small portion of this area would be used for ponding. A new cul -de -sac from Little Canada Road would provide access to 14 of the units, with the other 8 units having direct access to Jackson Street. The project is being proposed as a Planned Unit Development. Therefore, the following processing is necessary: Rezoning to R -2, to allow the twinhome unit style. Conditional Use Permit for a PUD, to allow the unit arrangements with association - owned common area. Preliminary Plat and Final Plat, to approve the lot, street, and park land descriptions. Associated with the Plat is a vacation of five foot wide strip of Jackson Street along the boundary of the plat. Rezoning. Zoning map amendments are reviewed for their consistency with the City's Land Use Plan, and compatibility with the existing and future land uses in the area. In this case, the City has considered that a boundary between commercial and residential development would occur along the Little Canada Road corridor. Residential land uses would be mid - density in nature, due to the surrounding mix of high- density, low density, and commercial uses. The project would be consistent with the land use plan in this regard. 5775 WAYZATA BOULEVARD, S. PHONE 612-595-9636 FAX f rrr Page 5 ' ^'JIS PARK, MINNESOTA 55416 -MAIL NAC © WINTERNET.COM Planned Unit Development. The project is being processed as a PUD to allow varied building spacing, and common ownership area in lieu of the typical lot/block development. The developer is requesting the PUD flexibility in exchange for the extraordinary park dedication area. This request had been viewed positively at concept stage. For Final Stage PUD, the City typically requests full landscaping plans and building drawings. These have not been made a part of the current submission package. Final PUD approval does not require a separate public hearing, but it may be appropriate to reserve this approval until the landscaping and building plans can be assembled. Development Stage PUD approvals may be granted, but should be conditioned on submission of these plans, and on approval of the plat. Preliminary and Final Plat. The plat closely reflects the concept plan approval granted in February. The developable land results in just over 8,000 square feet per unit, more than the required 7,500 square feet per unit for twin homes. The utility plan shows sanitary sewer extending from Jackson Street through the park, along a proposed trail easement between units 10 and 11. A storm sewer pipe is also proposed leading from the cul -de -sac to the pond between units 8 and 9. The City Engineer and Public Works Director should comment on this arrangement, and whether the separate easements for utilities and the trail would be better if combined. With the comments resulting from other staff review, the preliminary and final plats appear to be ready for approval. Summary. The rezoning of this parcel is consistent with the directions of the land use plan and with surrounding land uses. The Development Stage PUD is acceptable, subject to the comments regarding landscaping and building plans, and conditioned on approval of the plats. The Final Stage PUD approval should be held until landscaping and buildings plans are submitted. The Preliminary and Final Plats accurately reflect the concept approval granted in February. Subject to engineering review and comments, the plats should be ready for approval as well. cc: Kathy Glanzer Greg Schroeder Elizabeth Mursko Terry Maurer Gordie Howe Page 6 1 1- w w 1- W 905.33 Y 893.07 •_ t Paa'os 1 1 m C S4lijjR CONNECT TO EXISTING STORM SEWER l PARK i. 2.75± ACRES it JACKSON 7, 111 0' d ,o\ 898.0 893.9 // Iloj \ I 1 1 F: r n°t0o n 231 � \ ■ ■ i9.'r., 77 - -- /, /I /o 008.0 601 907.6 \ 895.2 • t arnfts a-. 904.6 X Page 7 • CONNECT TO•,EX6TINO 9TOR PP oAFFE xFR I� ae� \ •�r _.w• • 11 \1 RETAINI! WALL a' RETAIN:: .WALL -404 --6\ 04 on/ Page 8 N MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY P L A N N I N G - DESIGN - MARKET RESEARCH TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: February 8, 2000 RE: Little Canada - Masterpiece Homes - Jackson/Little Canada Road PUD FILE NO: 758.09 - 99.28 Gordie Howe of Masterpiece Homes has redesigned his proposed twinhome development at Little Canada Road and Jackson Street. The previous layout included a street access from Little Canada Road sweeping north and west toward Jackson Street near the intersection with Bryan Street. Twinhomes fronted the new street, as well as along Jackson, and the north acre or so was reserved for park. Upon receiving results of soil tests on the property, the applicants have revised the plan to terminate the new street with a short cul -de -sac from Little Canada Road, and left the north 2.75 acres in park land. The soils to the north, where the property drops in elevation, made building and street construction unfeasible. As a result, the project contains twenty two units in eleven buildings. Four of buildings front on Jackson, all south of the Bryan Street intersection. The other seven buildings are clustered around the cul-de -sac street, with an open area immediately west of the end of the cul -de -sac. The applicant is requesting the approval of a concept plan PUD. The request for PUD processing is due to the dimensions of the property, and the intent to optimize the number of units on the remaining land. At 2.75 acres, the park dedication from this parcel will be more than 35 %. The applicant is also requesting that the east five feet of the Jackson Street right -of -way be vacated, returning that street the narrower rig ht -of -way standard now used by the City. This would accommodate a full thirty foot front setback for the Jackson Street buildings. 5775 WAYZATA BOULEVARD. " Page 9 PHONE 6 1 2 -595 -9636 FAX OUTS PARK. MINNESOTA 55416 E -MAIL NAC WINTERNET.COM The PUD would allow a tighter back -to -back spacing of the buildings. With full rear yard setbacks, a minimum spacing of sixty feet would be required. The PUD processing allows the City to approve spacing which is as low as the average height of the buildings. The closest spacing proposed is twenty four feet between units 12 and 19. Units 14 and 15 would be about 38 feet apart. All other building spacing is side to side, with a minimum proposed spacing of twenty feet. The other area where the applicant is requesting flexibility under the PUD process is with the setback from the cul-de -sac street. Units 11 and 13 would be closer than the standard thirty feet (23 and 27 feet, respectively). These units could be moved back to meet the 30 foot setback, but would then decrease the back -to -back spacing distances mentioned above. The applicant's request for PUD flexibility is based on the extraordinary park dedication being made for this area. All other perimeter setback requirements appear to be met in the concept plan. The applicant has included a walkway between the end of the cul -de -sac and the park. The only design issue of note would be the right -of -way and street design at the intersection with Little Canada Road. The west right -of -way line angles to create a 90° intersection, but the east right -of -way line remains straight north and south. The east line should also angle slightly to maintain the fifty foot right -of -way width to better manage traffic flow in and out of the cul -de -sac. Summary and Recommendation Planning Staff recommends approval of the Concept PUD proposed by Masterpiece Homes. The variations in setback and building spacing affect only a few of the units, but the project plans retain a significant amount of open space for these types of developments. Moreover, the proposal would result in approximately three times the amount of park land which would otherwise be acquired, based on the size of the parcel in question. This recommendation is subject to the comments regarding the street above, and the review comments of the other City staff. cc: Kathy Glanzer Greg Schroeder Terry Maurer Gordie Howe Masterpiece Homes, 127 E. County Rd C, LC Page 10 H. \69proj \99279PP \99279SKE4 Tue Feb 01 11:14:32 2000 PLOT BY BETH 1 C:'4 " r'"_.N rte' Poia =+..:C7 C:tv of Little Ccnoao jIve.l✓o• «• Mon 16 / n.:.`3 3t . - Mart 04 ewe eel . sees e tee w C. m.• le ewIOC xuz c..e w. re n.. marts .a. Pe we v lean Cane ..«cn mm Wee pj Wen «a el( 0 m«n c.o- u« Dern Nei Wee Me pee Came ere Weal Men Ga. Onalit 7: L ►L CMd!PTICII • B055 • 1i �� =. (urr +.w.. MI Owl el 7i 4'a w leIle a -4 I.7 r�...`runt • i.......�.w..r. -.. ZHO ADO 1 I-. 18 3 19 h. I It— rot 19 • Mei I; t ear Mee lie et lel Or wet e 0110100 Nee Page 11 owarc R. Green CoTpany CONSULTING ENGINEERS February 3, 2000 File: 808390J -0240 Honorable Chairman and Planning Commission City of Little Canada 515 Little Canada Road East Little Canada, MN 55117-1633 RE: PARK PLACE CONCEPT PLAN Dear Commissioners: As requested we have reviewed the concept plan submitted for Park Place by Masterpiece Homes. Based upon our review we would offer the following comments: 1. The driveways for units 5 -6, 7-8 and 9 -10, all run together at the curb line of the street. In other words, there will be a driveway over 110 feet long. It will be very difficult to plow snow in this area or place other utilities such as cable TV or electric, which requires junction boxes behind the curb. An attempt should be made to get these three units so that their driveways do not meet at the curb line and there is space for snow storage and utility facilities. 2. We would recommend an easement be placed adjacent to the cul -de -sac outside the driveway areas for snow storage. If there is ever heavy snow fall through winter months this would provide the Public Works Department a place to store excessive snow rather than hauling it from the cul-de -sac due to the number of driveways. 3. Where the cul -de -sac meets Little Canada Road it is approximately 70 -feet wide. The throat of the cul -de -sac should be narrowed substantially at this point by extending the curb lines and putting in a sharper radius on the west side of the cul-de -sac. 4. The proposed pathway that leads from the cul-de -sac northward to the park area should be 10 -feet in width rather than the 5 that is proposed. If this is to be a public pathway, it should also be placed in an outlot which can be dedicated to the City. 5. Unit 15 -16 driveway is very close to the intersection .of Little Canada Road off of Jackson Street. An attempt should be made to resituate this unit so that this driveway is further north from the Little Canada Road intersection. 6. Unit 17 -18 and 19 -20 again have their driveways converge at the edge of the road. Also both of their driveways are at a skewed angle with the road. These units should be adjusted slightly so that the driveways no not meet at the edge of Jackson Street and also the driveways should be tumea to meet as close to 90 degrees as possible at the curb line. The same is true about the angle of the driveway for unit 20 -21. 7. The plan indicates that the new cul-de -sac radius of the pavement will be 40 -feet. The standard pavement radius would be 45 -feet. The question is whether .40 -feet provides enough for a snowpiow to tum around without a backing motion. 8. The plan shows 5 -feet of the Jackson Street right -of -way to be vacated. It is not clear from the drawings why this is proposed or whether or not it should be allowed. O:\PROJ \808390J \0240 \Itr 2 -3 -00 chairman.doc 1326 Energy Park Drive • St. Paul. Mt Page 12 1/644-9446 toll free 888/368 -4389 9. No drainage and utility easements are shown on the drawing. Will there be a blanket drainage and utility easement over Lot I or will there only be drainage and utility easements around the edge. There will also need to be some type. of drainage pond provided. Perhaps the pond can be prbvided in the south end of the park area just north of the development. 10. Little Canada Road is proposed to be reconstructed during the summer of 2000. Construction activities for Park Place will have to be coordinated with the reconstruction of Little Canada Road. If you have any questions regarding any of these comments please call. Sincerely, Howard R. Green Company 6/��L6!/LZc% Terry J.lNtaurer, P.E. 0: \PROJ \808390) \0240 \Itr 2 -3 -00 cirgierWa C Page 13 pany MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaVaile Steve Moreton Bob Pedersen 515 Little Canada Road. Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 4538 Joel R. Hanson Email: cityhall @ci.little - canada.mn.us MEMORANDUM TO: Planning Commission FROM: Greg Schroeder, Public Works Director DATE: March 3, 2000 RE: Park Place Final Plat On Monday February 28, 2000, the Terry Maurer, the City Engineer, Steve Grittman, the City Planner, and I met and reviewed the final plat for the Park Place development at the intersection of Little Canada Road and Jackson Street. During our review, it was concluded that the developer has satisfactory addressed all of our comments on the preliminary plat and incorporated them into the final plat. The drainage and utility easement that cuts across the south end of the park area may be moved if the sanitary sewer line is shifted to the south. Based on the above, we recommend that the final plat be approved. Cc: Gordy Howe Steve Grittman Terry Maurer Page 14 MAR -17 -2000 11:35 NAC 612 595 983? P.02'02 NORTHWEST ASSOCIATED ;CONSULTANTS . INC . COMMUNITY PLANNING - DESIGN MARKET RESEARCH MEMORANDUM. TOi Little Canada Mayor and City Council FROM: StephenGritkmari . DATE: March 17, 2000 . ,• . RE: Little Canada - Park Place Final Plat FILE N0: • 758.09 - 00.06 Masterpiece Homes has submitted a revised drawing of th'e proposed Final Plat iilustrating a median island in the Park Place street right- of-way near Little Canada Road. The island would' be an •outlot of 12 'feet. by 32 feet, .adequate to contain a median• and. entry monument for the project based on staffs original sketch standards fdr such installations. The Public Works Director has done some additional research on the City's snowplow equipment and is recommending that the:area to accommodate the median may need to be larger than we. had previously expected. As a result, staff will be meeting to discuss this issue, and will have additional information'available at the City: Council meeting on Wednesday, March 22. • 5775 WAYZATA , BOULEVARD, SUITE 555, ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 61'2.595 -9636 FAX 612- 595.9837 E- MAIL NACQWINTERNET.COM TOTAL P.02 Page 15 PAR -13 -21000 03 ;14 E.O.RUD a SONS INC 612 736 6007 P.01/01 /u / = 30 Page 16 TOTAL P.01 MINUTES GORDIE HOWE TOWNHOMES MINUTES OF THE REGULAR MEETING PARKS & RECREATION COMMISSION LITTLE CANADA, MINNESOTA MARCH 2, 2000 Pursuant to due call and notice thereof a regular meeting of the Parks & Recreation Commission of the City of Little Canada, Minnesota was held on the 2 "d day of March, 2000 in the Council Chambers of the City Center located at 515 Little Canada Road East in said City. Chair Matt Anderson called the meeting to order at 7:34 p.m. and the following members of the Commission were present: MEMBERS PRESENT: Mr. Matthew Anderson, Chair Mr. James Broten Ms. Carla Danielson Mr. David Gray Mr. Craig Larson (arrived 7:36 p.m.) Ms. Ginger Sackett Glaser Mr. Robert Schabacker ALSO PRESENT: Mr. Jim Morelan, Parks & Recreation Director Ms. Kris Pechman, Recording Secretary Mr. Greg Schroeder, Public Works Director Schabacker recommended that the minutes of the February 3, 2000 meeting be approved as submitted Motion seconded by Sackett Glaser. Motion carried 6 - 0. Mr. Gordie Howe, developer of the new townhomes on the corner of Little Canada Road and Jackson Street, appeared before the Commission to ask that the proposed trail leading from the cul -de -sac north to the park be removed from his development. He stated that only 10 of the 22 units would actually use the path. Additionally, the development is being marketed toward "empty nesters." Therefore, he questioned if the path would get much use at all. Howe stated that the 8 -foot path proposed would come very close to units 10 and 11, and both units have windows that would face the path. He felt a path in that area would infringe on their privacy. Also, a sanitary sewer line is proposed in that area. The path would have to be placed on top of the sewer line. The Public Works Director does not like the idea of a path on top of a sewer line. He cited possible freezing if the trail was plowed during winter. The Parks & Recreation Director felt there is still merit to having a path in that area to prevent people from trespassing on the property to get to the park. Howe stated that he is proposing landscaping to deter trespassers, but it is still possible that trespassing could occur. Page 17 MINUTES Parks & Recreation Commission March 2, 2000 The Parks & Recreation Director stated that the City will be tallcing to the Provinces Apartments to see if they are interested in placement of a path from their property to the park. The Provinces' property is adjacent to the park property. Howe commented that some residents would like the name of the park to be Rondeau Park in honor of the person who had originally owned the property. The Parks & Recreation Director felt that the name should be decided at a later date. The Parks & Recreation Director stated that a 5 -foot trail instead of an 8 -foot trail could be installed. The Public Works Director preferred an 8 -foot trail if one was installed so that it would be easier to maintain during the winter. However, the Parks & Recreation Director felt that the trail may not have to be plowed. The Parks & Recreation Director commented that the Park Consultant was in favor of the pathway. The Director felt that the path is not as necessary as he felt it once was when there were 35 homes planned instead of the current 22. Sackett Glaser felt that the pathway would be an access to the park for only a few people. Broten recommended eliminating the path from Gordie Howe's townhome project located at Little Canada Road and Jackson Street. Motion seconded by Gray. Motion carried 7 — 0. O'NEIL The Parks & Recreation Director stated that the O'Neil property is located at 666 Keller DIVISION Parkway between Keller and LaBore Road. The division proposed is a simple lot split and the Park Master Plan does not identify parkland in that area. Gray recommended accepting cash in lieu of land for the park charge on the O'Neil property located on Keller Parkway. Motion seconded by Sackett Glaser. Motion carried 7— 0. PIONEER The Parks & Recreation Director stated that the City's Code Enforcement Officer has been PARKING inspecting the City's properties to make sure we are in compliance with our own codes. Pioneer Park has been found to be in violation of our parking ordinance. According to our zoning code, 237 parking spaces are required for the park. However, we only have 181. The Parks & Recreation Director stated that the City has three options to correct the problem. We could add 56 parking spaces, a conditional use permit could be applied for showing the additional parking to be constructed in the future, or the code could be amended to make the park compliant. He commented that there are other City parks that are also non - compliant because they have been designated as neighborhood parks with limited or no parking. He Page 18 MINUTES PLAT, CUP, AND REZONING - PARK PLACE - GORDIE I-IOWE WISES MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA MARCH 9, 2000 Pursuant to due call and notice thereof a regular meeting of the Planning Commission of Little Canada, Minnesota was held on the 9th day of March, 2000 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Chair John Keis called the meeting to order at 7:30 p.m. and the following members of the Planning Commission were present at roll call: PLANNING COMMISSION: Mr. Scott Barraclough Mr. Dennis Carson Mr. Tom Duray Mr. John Keis Mr. Dan Knudsen Mr. Rick Montour ABSENT: ALSO PRESENT: Ms. Faith Kraemer Mr. Steve Grittman, City Planner Ms. Elizabeth Mursko, Zoning Admin. Ms. Kathy Glanzer, Deputy Clerk There being no corrections to the February 10, 2000 Planning Commission minutes, those minutes stand approved as submitted. Gordie Howe, Masterpiece Homes, appeared before the Commission requesting approval of the Rezoning to R -2, Preliminary and Final Plat, Conditional Use Permit for Planned Unit Development and Vacation of a portion of the Jackson Street right -of -way for a 22 -unit townhome development known as Park Place to be located on the northeast comer of Little Canada Road and Jackson Street. The City Planner recommended approval of requests as presented subject to compliance with the recommendations as outlined in his report. There was no one present from the general public wishing to comment on this matter. Mr. Knudsen recommended approval of the rezoning to Medium- Density Residential for the Park Place development as requested by Mr. Gordie Page 19 MINUTES PLANNING COMMISSION MARCH 9, 2000 Howe subject to compliance with the recommendations of the City Planner. Motion seconded by Carson. Motion carried 6 - 0. Mr. Knudsen recommended approval of the Preliminary and Final Plats of Park Place as presented subject to compliance with the recommendations of the City Planner, City Engineer, and City staff. Motion seconded by Barraclough. Motion carried 6 - 0. Mr. Barraclough recommended approval of the Conditional Use Permit for Planned Unit Development for Park Place subject to compliance with the recommendations of the City Planner. Motion seconded by Carson. Motion carried 6 - 0. Mr. Barraclough recommended approval of the vacation of the easterly five feet of Jackson Street from Little Canada Road to Maple Lane as requested by Gordie Howe in conjunction with the platting of Park Place. Motion seconded by Knudsen. Motion carried 6 - 0. TAX The City Planner reported that the City is proposing to provide tax INCREMENT increment financing assistance to the Park Place development to FINANCING - assist in the cost of extensive soil corrections that will be necessary PARK PLACE in order to develop this property. The Planner pointed out that the Planning Commission is being asked to determine whether or not the proposed development is consistent with the land use plan for this property as outlined in the Comprehensive Plan. Page 20 CITY OF LITTLE CANADA RAMSEY COUNTY STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE MODIFIED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 1; AND APPROVING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3-2 THEREFOR. BE IT RESOLVED by the City Council (the "Council ") of the City of Little Canada, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The City Council and the Economic Development Authority for the City (the "EDA ") have heretofore adopted a Redevelopment Plan for Redevelopment Project Area No. 1 and adopted a Tax Increment Financing Plan for Tax Increment Financing District No. 3 -2. 1.02 It has been proposed that the City modify the Redevelopment Plan for Redevelopment Project Area No. 1 and modify the Tax Increment Financing Plan for Tax Increment Financing District No. 3 -2, all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 through 469.1081, inclusive, as amended, and Minnesota Statutes, Sections 469.174 to 469.179, inclusive as amended (the "Act "). The 2000 Modifications expand the District and amend the TIF Plan to facilitate the redevelopment of parcels in the Project Area along Little Canada Road between Rice Street and County Road C. 1.03. The Council has investigated the facts and has caused to be prepared the Modified Development Program for Redevelopment Project Area No. 1 and the Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 3 -2 (collectively the "Modifications "). 1.04. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Ramsey County and School District No. 623 having taxing jurisdiction over the property to be included in District No. 3 -2, notice of the proposed modification of an existing redevelopment district to the local county commissioner, a review of and written comment on the Modifications by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. Section 2. Findings for the Approval of the Modifications 2.01. The Council hereby reaffirms the original findings for Tax Increment Financing District No. 3 -2 as modified herein, namely that Tax Increment Financing District No. 3 -2 is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, subd. 10 (a)(1) and that the proposed development would not occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary, the Modifications conform to Page 21 the general plan for the development or redevelopment of the City as a whole, and that the Modifications will afford maximum opportunity consistent with the sound needs of the city as a whole, for the development of Redevelopment Project Area No. 1 by private enterprise. 2.02. The reasons supporting these findings are that private investment will not finance these development activities due to prohibitive costs, and therefore it is necessary to finance these redevelopment activities through the use of tax increment financing so that other development by private enterprise will occur within Redevelopment ProjectArea No. 1; Tax Increment Financing District No. 3 -2 is properly zoned; the Modification to the Tax Increment Financing Plan conforms to the City's comprehensive plan for redevelopment and development; and the development activities are necessary so that development and redevelopment by private enterprise can occur within Redevelopment Project Area No. I. Section 3. Public Purpose. 3.01. The Council hereby finds that the Modifications conform in all respects to the requirements of the Act and are intended and, in the judgement of this Council, the effect of such actions will be to help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and hereby serves a public purpose. Section 4. Approval of the Modifications. 4.01. The Modified Redevelopment Plan for Redevelopment Project Area No. 1 and the Tax Increment Financing Plan for Tax Increment Financing District No. 3 -2 are hereby approved and shall take effect upon approval by the EDA. 4.02. The Modifications are hereby forwarded to the EDA for consideration and adoption. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: March 22, 2000 ATTEST: Mayor City Administrator (Seal) Page 22 LITTLE CANADA ECONOMIC DEVELOPMENT AUTHORITY CITY OF LITTLE CANADA RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE MODIFIED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 1; AND APPROVING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3-2 THEREFOR. WHEREAS, it has been proposed that the Board of Commissioners (the "Board ") of the Economic Development Authority (the "EDA)" for the City of Little Canada (the "City") adopt the Modified Redevelopment Plan for Redevelopment Project Area No. 1 and modify Tax Increment Financing District No. 3 -2 and adopt the Modification to the Tax Increment Financing Plan therefor, (collectively, the "Modifications "), all pursuant to and in conformity with existing law, including Minnesota Statutes, Sections 469.090 through 469.1081, and Sections 469.174 to 469.179, inclusive, as amended, all as reflected in the Modifications and presented for the Board's consideration; and WHEREAS, the EDA has investigated the facts relating to the Modifications and has caused the Modifications to be prepared; and WHEREAS, the proposed developments as described in the Modifications, in the opinion of the EDA, would not reasonably be expected to occur solely through private investment within the reasonable foreseeable future and, therefore, the use of tax increment financing is deemed necessary; and WHEREAS, the EDA and the City have performed all actions required by law to be performed prior to the adoption of the Modifications; and WHEREAS, the City Council has approved the Modifications and submitted said Modifications to the EDA for consideration and adoption. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The EDA hereby reaffirms the original findings for Tax Increment Financing District No. 3 -2 as modified herein, namely that Tax Increment Financing District No. 3 -2 is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, subd. 10 (a)(1) and that the proposed development would not occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary, the Modifications conform to the general plan for the development or redevelopment of the C ity as a whole, and that the Modifications will afford maximum opportunity consistent with the sound needs of the city as a whole, for the development of Redevelopment Project Area No. 1 by private enterprise. 2. The reasons supporting these findings are that private investment will not finance these development activities due to prohibitive costs, and therefore it is necessary to finance these redevelopment activities through the use of tax increment financing so that other development by private enterprise will Page 23 occur w ith in Redevelopment Project Area No. 1; Tax Increment Financing District No. 3 -2 is properly zoned; the Modification to the Tax Increment Financing Plan conforms to the City's comprehensive plan for redevelopment and development; and the development activities are necessary so that development and redevelopment by private enterprise can occur within Redevelopment Project Area No. 1. 3. The EDA hereby finds that the Modifications conform in all respects to the requirements of the Act and are intended and, in the judgement of the Board, the effect of such actions will be to help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and hereby serves a public purpose. 4. The Modifications, as presented to the EDA on this date, are hereby approved and adopted and shall be placed on file in the office of the City Administrator. 5. Upon approval of the Modifications by the City Council, the staff, the EDA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Modifications does not constitute approval of any project or a Development Agreement with any developer. 6. Upon approval of the Modifications by the City Council, the City Administrator is authorized to forward a copy of the Modifications to the Minnesota Department of Revenue pursuant to Minnesota Statutes 469.175, subdivision 2. 7. The City Administrator is authorized and directed to forward a copy of the Modifications to the Ramsey County Auditor, in accordance with Minnesota Statutes 469.177. Approved by the Board of Commissioners of the Little Canada Economic Development Authority this 22th day of March, 2000. ATTEST: Secretary Page 24 Chair 515 Little Canada Road Little Canada, MN 55117 -1600 (651) 484 -2177 / FAX: (651) 484 -4538 Email: cityhall@ci little- canada.mn.us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: February 4, 2000 RE: Masterpiece Home Development/11k Assistance MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve btorelan Bob Pedersen ADMINISTRATOR Joel R. Hanson In order to meet the developer's timelines for the property at Jackson Street and Little Canada Road, we need to form a new tax increment financing (111^) district for this area. In discussing this matter with Rusty Fifield of Ehler's & Associates, we are proposing an amendment to our existing 11.1-, District 3 -2. Attached is a spreadsheet which shows the financial implications of this transaction. You will note that we need seven years of increment collection on a "pay as you go" basis to recover the assistance to be provided. I have based the planned assistance on Mr. Howe's land acquisition cost per unit had he proceeded with the 34 unit development prior to discovering the poor soils. With the per unit cost of $14,560 times the reduced number of units (22), the equivalent land cost would be $320,320. This leaves a difference of $174,680 to be recovered. When adding capitalized interest, the total TIF assistance needed is just under $220,000. This district has more than sufficient life to recover this amount. That fact was also verified by Mr. Fifield in his earlier review of this project. One other item I would like your direction on relates to the possible use of excess TIF generated to assist with the development of our park in this area. The concept I would propose would involve the City advancing the funds for the park development and recovering them from future TIF proceeds after the developer has been reimbursed. This would mean that our dollars would not start to be recovered until approximately ten years into the project. I believe we would be able to recover capital costs plus accrued interest on the money at that time. A rough estimate would indicate we could expend approximately $120,000 of capital costs and fully recover them plus accrued interest at 9.5% by the end of this district. It should also be noted that we would not have to utilize the full amount and could leave any excess increment to assist with the redevelopment project at Rice Street and Little Canada Road. I have asked Rusty Fifield to provide further input on this matter prior to Wednesday's meeting. Page 25 Mayor & City Council February 4, 2000 Page 2 Attached is a notice Rusty prepared calling for the hearing on amending Redevelopment District 3 -2 to allow for this development. I would recommend it's approval as presented. JRH:kpp Enclosures cc: Rusty Fifield Page 26 Gordie Howe T1F Analysis # of Units EMV Per Unit Total EMV Tax Capacity (Pay 2000 Rates) Less: Base Tax Capacity TIF Tax Capacity X District Rate (Pay 2000 Rate) TIF Generated with Porches 14 162,000 2,268,000 SupportableiDebtr7ymiai9.5%),.#...,.-.,L,$2511337:35.1 Purchase Price - McNamara 350,000 Purchase Price - 141 LC Road 145,000 Total Land Cast for 34 Units 495,000 Land Cost Per Unit 14,560 Equivalent Land Cost (14,560 • 22 of units) 320,320 Difference To Be Recovered 174,680 Less: McNamara Price Reduction 0 Write-down Needed 174,680 Capitalized Interest a 9.5% for 30 mo 41,487 Total To Be Recovered by TIF 216,167 2/4/00 10:18 2185.5 1987.5 46,497 4,181 42,316 120.00% 550,779 Page 27 w/o Porches 8 150,000 1,200,000 Original Proposal 5495,000/34 CIS CASTLE INSPECTION SERVICE CASTLE COMPANIES INC. - 2440 LINWOOD COURT - MAPLEWOOD, MN 55119 March 12, 2000 Mr. Joel Hanson, City Administrator City of Little Canada 515 Little Canada Road Little Canada, Minnesota 55117 Dear Mr. Hanson, Pursuant to your request, I have inspected the properties listed below, and based on the accompanying figures, have judged all of them to be "structurally substandard" as defined by Minnesota Statutes Section 469.174. Property Address Building Replacement Sq. Ftg. Cost Deficiencies Repair Cost Percentage 115 Little Canada Rd. 1428 $ 90,749 Roof $ 1,700 Windows-Eaves 6,000 Energy-Insulation 3,000 Structural (bath walls, floor & bsmt walls) 4,000 Furnace-Elect. 6,000 Asbestos Abatement 1,000 Total $ 21,700 24% 123 Little Canada Rd. 1060 $ 67,400 Structural (dry rot, bsmt walls, ceilings) $ 7,000 21% Windows 3,000 Energy-Insulation 1,500 Steps-Railings 1,500 Asbestos Abatement 1,000 Total $ 14,000 127 Little Canada Rd. 1056 $ 67,100 Roof $ 2,000 21% Windows 3,500 Energy-Insulation 2,000 Structural (extensive dry rot) 6,500 Total $ 14,000 141 Little Canada Rd. 1035 $ 65,800 Roof $ 2,500 27% Windows-Eaves-Trim Stairs-Railings Electrical Grading-Basement Energy-Insulation Asbestos Abatement Total 6,000 1,000 2,000 1,500 2,000 3,000 $ 18,000 141 Little Canada Rd. 270 $ 5,200 Structurally unsound $ 5,200 100% Garage PIIONE: Page 28 1.-9364 As demonstrated by the preceding table, all of the properties in the redevelopment area exceed the 15% threshold for replace- ment cost which is the criteria for determination of being classified "structurally substandard ". The valuations used are based on Building Valuation Data dated May 1999, as supplied by the State of Minnesota Department of Administration. Repair costs are based on information from R. S. Means publications, consultations with various trade pro- fessionals, and my personal experience of 26 years in the construction, real estate, and inspection fields. If you have any questions regarding this report, please feel free to contact me. Respecjr submitted, Gregory & Skk(mit, CBO Page 29 MINUTES PLANNING COMMISSION MARCH 9, 2000 Howe subject to compliance with the recommendations of the City Planner. Motion seconded by Carson. Motion carried 6 - 0. Mr. Knudsen recommended approval of the Preliminary and Final Plats of Park Place as presented subject to compliance with the recommendations of the City Planner, City Engineer, and City staff. Motion seconded by Barraclough. Motion carried 6 - 0. Mr. Barraclough recommended approval of the Conditional Use Permit for Planned Unit Development for Park Place subject to compliance with the recommendations of the City Planner. Motion seconded by Carson. Motion carried 6 - 0. Mr. Barraclough recommended approval of the vacation of the easterly five feet of Jackson Street from Little Canada Road to Maple Lane as requested by Gordie Howe in conjunction with the platting of Park Place. Motion seconded by Knudsen. Motion carried 6 - 0. TAX The City Planner reported that the City is proposing to provide tax INCREMENT increment financing assistance to the Park Place development to FINANCING - assist in the cost of extensive soil corrections that will be necessary PARK PLACE in order to develop this property. The Planner pointed out that the Planning Commission is being asked to determine whether or not the proposed development is consistent with the land use plan for this property as outlined in the Comprehensive Plan. Page 30 MINUTES PLANNING COMMISSION MARCH 9, 2000 Mr. Barraclough moved that the Park Place development proposal is in compliance with the City's Comprehensive Plan for the property in question. Motion seconded by Montour. Motion carried 6 - 0. CUP & Mr. George Rossez appeared before the Commission requesting approval VARIANCE - of' a Conditional Use Permit to allow a group home facility providing NORTHEAST short-term respite care as well as a Variance from the setback requirement RESPITE for property at the intersection of Little Canada Road and McMenemy HOME Road. Keis noted that the setback variance decreases the amount of landscaping that can occur along the side lot line. Keis stated that he would like to avoid the variance and asked if there was a way to decrease the size of the building. Rossez stated that there was not, and pointed out that they are trying to place the respite home as far from the credit union building as possible. The credit union has only about a 1 1/2 foot setback from the property line. There is an apartment unit in the lower level and the additional space would address privacy issues for this apaituient unit. Rossez pointed out that only a comer of the respite home building extends into the setback. He also noted that the property abuts against the Water Works property that will remain undeveloped. The City Planner reported that since the January meeting when this proposal was first discussed, the applicants have met with the City Engineer and the Public Works Director to discuss storm water issues. Issues about access to the site have also been discussed. Access will be provided to the back of the site via easements over the adjacent two properties. Access to the front of the site will occur via the City parking lot at the front of the building. The engineer for the respite home will be working on the appropriate easements to provide legal access to the property. The Planner indicated that it has been determined that the site can function from an engineering standpoint without the ponding that was suggested initially. Knudsen pointed out that the variance is the only significant outstanding issue at this point. Montour asked what percentage of the total building extends into the required setback. It was determined that less than 5% of the building extended into the setback. Page 31 Little Canada, Minnesota APPLICATION FORM N? 85 PAID (1 CC0 Cr'� Rec. No Comprehensive Plan Amendment X Conditional Use Permit -- - Zoning District Amendment x Variance DEC 2 7 1999 Text Amendment Subdivision Other Planned Unit DevdfnEhitLITTLE CANADA Applicant - /gac' Mecz S 7`. (Name) (Address) (Phone) ..C-3 7/0 reie Owner ''' -/-y (Name) (Address) (Phone) r/E-ri 11c• Plan Review (jri) ti aos. 0Z/I6 3 telly AfrAvcic. .1 ‘414 ,w.J Property Location (Street Address and Legal Description): �3 , iC FcJ S7` F r ec/ tfr/c) sz L r 4/3 . S- �t rti c�� "tic &,tc P'.44f.J d (i L je S Cd e..4.ir ,r O � (90-r Sa lj .•-• J _getia4.4.7%eal 1 c�, a70 J/ 1 .��e6 4 .ei. c //6 . 818 fru £cocax 7 d fr-cs ,y - -° ,� o,�..dc ti stun' ' Description and /or Reason for Request (Cite Ordinance Sections): 77; ZGLtcie.,cce- ,Ot4 .c J Pe -tAiP 4c /chi. ..ct)L2 d�oG2_G•O e� 4 -GGl ri„rf rxa' //One • 7 tYe .<,i _kg /o.. G4Aad /624,1TA eta,< -• ,44-evt -& /241t- CkZv: t�1c� Aerr,,; tie t/ 'to ri Fns.. O O ✓ '&��f.,2-Id r,+ o _ • >Jct . %iw.... �O /G 11 es--0 'rl L`� -z�.� c - We- -�c, aarti a-i a- .�C2ct-.% - / / e-- _'_'._' - /rC .�GL+'c.�- �2<( .y�'� ✓ !/1! .tf� --./C eats [>Ge Aate;u ent,li(% Dorf e -fe .QJiLN "'e( , ( .r.Y - KJ..- A/t�21/si yv ettut- Q'o �c z C / 3 42421 Lack. , 7�c 4% i(ir.�or ae+'Gs.��E c„ as Zinn& -�� %Y+� y4i Fti d •.ar.�a ,*i kcYC$ r In signing this application, 1 hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- ing and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outtinec In the application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- tion expense. Page 32 WHITE- Office CANARY- Customer PINK -File GOLD- Planner .�dr� /O )/t%,2 - /7 ate cei f 29(1/4 q'emeeek 515 Little Canada Road. Little Canada. MN 55117 -1600 (651) 484 -2177 / FAX: (651) 484 -4538 Email: cityhall @ci.little - canada.mn.us CITY OF LTI ILE CANADA NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT & VARIANCE PROPOSAL: APPLICANT & PROPERTY OWNER: MAYOR Michael L Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Request for a Conditional Use Permit to allow a group home facility providing short-term respite care as well as a Variance from the setback requirements. The property in question is zoned Residential Business (RB). Northeast Residence, Inc. 2186 Third Street #105 White Bear Lake, MN 55110 PROPERTY LOCATION: Tract B, Registered Lane Survey No. 348 Little Canada Road & McMenemy Road Little Canada, MN 55117 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at their Thursday, January 13, 2000 meeting. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, January 26, 2000 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 January 13, 2000 and during the City Council meeting on Wednesday, January 26, 2000. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 33 12/27/1999 14:57 6515538183 pc -E 71 RECEIVED 2 7 1999 HISTORY AND OVERVIEW OF SERVICE$ Northeast Residence (NER) is a non -profit corporation. The primary function is to serve families who have children and adults with developmental disabilities. Services are provided in Maplewood. White Bear Lake, North St. Paul, Oakdale and Shoreview. Services are provided to families from the 5 county metro area, Programs include long -term care, two extended -day programs for after school care, one respite -care home, and a crises program/transition program. The respite -care home provides short-term care for families who have opted to keep their children born with developmental disabilities at home. Since opening in 1981, this program has provided overnight out-of-home care for six individuals at a time for nearly 400 families. Clients in the respite -care program range in age from 5 -72 years. The need for respite varies. NER provides emergency placement when there is a death or illness in the family and it serves as a crisis intervention program. People came for 2.10 days per visit. Another major function of respite-care is to offer a transitional living experience for individuals with developmental disabilities. This experience helps prepare families to live apart from one another, while at the same time providing a break from one another. Often it is a client's first step toward independence. Over 100 different families use the respite -care program annually. It was the respite -care families who voiced their concerns and needs for after school care. In response to their needs, NER has opened two programs - one in the Mounds View school district and the other in Maplewood. This program provides working parents with a sense of relief knowing that their child will be well cared for while they have to be away at work or busy with appointments or other obligations. All programs are set up to encourage social interaction between the residents, and between residents and staff and the community. Modeling and positive reinforcement are used to encourage and teach these skills. The community is used as a resource. Activities include sporting events, bowling, shopping, going to the library, the movies, and out to dinner. Clients also participate in community groups such as attending church and social tUnctions. Everyone is very active in helping with our annual fundraising events such as the bed races for Manitou Days in White Bear Lake or Lumberjack Days in Stillwater. An annual fundraising dinner also helps provide financial support. Civic organizations, corporate giving programs, and foundation support have been a vital part of our success. A volunteer board of directors oversees the mission and policies of the organization. Page 34 :2/27/1993 14:57 651.553ci33 :.GC „ RECEIVED Oa 2 7 1999 Northeast Residence first opened its doors in 1973. It was one of the first smaller "group - homes" in the area. In 1984 the first and only respite -care home of its kind in the entire nation opened. This home has served over 350 families from more than 45 different communities. The respite -care program gives families an opportunity to have a break from the day to day care that their children with developmental disabilities require. Individuals come for 2 -5 or 6 days at a time allowing their parents and siblings to do things that are sometimes impossible to do when the person with disabilities is at home. While at Northeast Residence Respite Care Program, individuals are given the opportunities to interact with peers and to be introduced to "group home" living experiences. Many of the individuals we have served have been coming to "RESPITE" since the program . opened. It is now time for them, as young adults, to move from their family homes and to begin a new found independence that has been one of the main focal points of the respite care program. It is therefor not only fitting, but also appropriate that Northeast Residence becomes the long- term care provider. We know the residents, the families know and trust our ability to provide quality care, and we look forward to a long and meaningful relationship. In September 1994, we began our first expansion program to meet the long -term needs of the families we have been serving. (We opened two homes in Ramsey County). As a small non -profit organization that is only beginning to expand, we do not have the resources to meet many of the capital expenses incurred. Yet, this expansion is absolutely crucial if we are to survive as funding cuts continue to be of concern. In December of 1995, Northeast Residence opened its first home in Washington County. It is located at 7018 43rd St. North in Oakdale. The 1994 attorney general report shows that Northeast Residence spent 93.4% OF ALL REVENUES ON PROGRAM RELATED PURPOSES. ONLY 6.2% OF TOTAL REVENUES WERE SPENT ON ADMINISTRATIVE EXPENSES. Page 35 NFAC MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH RECE VED MAR - 3 am TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: March 7, 2000 RE: Little Canada - Northeast Residence Inc., CUPNariance FILE NO: 758.09 - 00.02 Northeast Residence, Inc. is proposing a respite facility in the R -B Zoning District, between the St. John's Credit Union and the Water Works property on Little Canada Road. This item was tabled in February due to a number of engineering issues. Staff has met to discuss the issues, and most of them appear to be resolved, according to the City Engineer's letter of March 3. The issue of easements will require additional investigation to ensure appropriate driveway and utility access. From a site plan standpoint, the applicant proposes the same plan, with drainage issues addressed as discussed by the City Engineer. The remaining issue on this item would be the submission of a landscape plan. Because of the high utilization of the site, landscaping and green area is being minimized. The side yard along the Water Works property is particularly narrow, and would benefit from a well- designed landscape plan, avoiding narrow strips of sod which typically do not do well in such constrained areas. One specific recommendation would be to create a shrub border along this boundary with a rock mulch which would help to disperse the stormwater flow from the parking lot and sidewalk areas. The primary issue from a planning standpoint is the variance requested from the side yard setback. As noted in the previous planning report, variances are reviewed as to the ability to put the property to reasonable use under the standard setback regulations. The proposed setback of nine feet violates the required standard of fifteen feet. To grant the variance, the City should find that the shape and dimensions of this existing lot of record make the setback provisions "unreasonable ". Planning staff believes that, although perhaps expensive to do so, it would be possible to re- design the site in a way which could accommodate this use within the prescribed setbacks. 5775 WAYZATA BOULEVARD, SUITE 55.r+ PHONE 612-595-9636 FA Page 36 °-r OUIS PARK, MINNESOTA 55416 E -MAIL NAC @ WINTERNET.COM The Conditional Use Permit for the mixed use facility (residential and office) in an R -B zoning district is appropriate subject to the recommendations of the City Engineer and the submission of a landscape plan showing a comprehensive treatment of the site. However, the variance for setback is not recommended by planning staff, due to the required finding for variance consideration. cc: Kathy Glanzer Greg Schroeder Elizabeth Mursko Terry Maurer Northeast Residence, Inc. Page 37 0 Po CT .IflHNS ~ t`p "— OAD )1•P PN • 7V .K1 I11 71...)0+131 t 1Y100f IY OY Mt W WY 1 PRELIMINARY SITc PLAN) w1. es Page 38 C G,O Nrc C COMMUNITY PLANNING - DESIGN - MARKET RESEARCH NORTHWEST ASSOCIATED CONSULTANTS MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: January 11, 2000 RE: Little Canada - Northeast Residence, Inc. Conditional Use Permit and Setback Variance FILE NO: 758.09 - 00.02 BACKGROUND Northeast Residence, Inc., has applied for a Conditional Use Permit to construct a respite group home and office space on a currently vacant parcel between the St. John's Credit Union property and the St. Paul Water Utility right of way. The property is a lot of record, and includes an access easement from McMenemy Street. The area is zoned R -B, Residential- Business Transition District. This district allows single family homes and two family homes by permitted use, and office space or mixed uses by Conditional Use Permit. Group homes of six or fewer residents are considered single family residential homes by state statute. The applicant is also requesting a variance from the side yard setback requirements of the R -B zoning district. The requirement is fifteen feet, whereas the applicant is seeking a nine foot side yard adjacent to the Water Utility (east) side of the property. ANALYSIS Conditional Use Permit. From a land use perspective, the uses proposed on the property meet the intent of the zoning district and the area. The Comprehensive Plan calls for mixed uses in the area, including low to medium residential and limited commercial activities. The issues with the site plan arise from the location and configuration of the property, including the fact that the site has no direct street access, but is served by an access easement from McMenemy and fronts onto the parking lot at McMenemy and Little 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 612-595-9636 Fi Page 39 E -MAIL NAC @ WINTERNET.COM Canada Road. An access easement is identified on the plan allowing access to the front of the building. The engineer has indicated the need to verify proper access rights to the property. The respite home proposes to make use of both access points. With the exception of the setback issue (discussed below) and the engineers comments regarding drainage, the site plan has been reasonably well laid out. Parking would appear to be adequate with the two access points for both the upper respite home level and the lower office level. The drainage issue raised by the Engineer will have a significant impact on the site plan, however. The site is small, and the proposal illustrates a nearly full utilization of the property. It is not clear if there is adequate room to accommodate the proposed development and a stormwater pond. This would result in the need to downsize the building on the site to allow for less parking need and more stormwater treatment area. The setback variance issue will also impact the site plan, as discussed below. Variance. Variances are to reviewed against the criteria listed in the zoning ordinance. In summary, the standard is whether special conditions exist which create a hardship in putting the property to a reasonable use under the zoning ordinance. Narrowness of an existing lot of record may constitute such a special condition. However, the question is whether the at width, combined with the setback regulations, make construction of an allowed use unreasonably difficult. It may be argued that a substantial structure could be built on the property without the need for setback variances. The applicant also argues that adjacent structures in the same zoning district have significantly smaller setbacks, less than two feet in one location. While these are existing conditions, they exist as legal, non- conforming setbacks. The buildings were established prior to the adoption of the current standards, and it is staffs understanding that they were not granted variances for those setbacks. SUMMARY AND RECOMMENDATION The land use proposed for the R -B zoned site is appropriate for the district and for the area, as regulated by the zoning ordinance and the Comprehensive Plan. However, the City Engineer has noted that a significant impact to the site plan is likely due to the need to accommodate a stormwater pond on site. Based on the need to develop stormwater calculations for the pond, the resulting reconfiguration of the site plan, staff recommends that the CUP be tabled to allow those changes to be made. With regard to the variance, staff does not recommend approval. The site, although slightly narrower than the minimum R -B lot, could accommodate a reasonable building which meets the setbacks. The applicants apparently developed the current plan using Page 40 the setback requirements of the R -1 District. Although adjacent properties are also in violation of the setback standard, these constitute legal non - conforming conditions which were not approved under the current standards. pc: Kathy Glanzer Terry Maurer Greg Schroeder Elizabeth Mursko Greg Schmidt Northeast Residences, Inc. Page 41 4)° ST. JOHNS CHURCH PROPERTY 1") • PRELIMINARY SITE PLAN Page 42 5 • V O[JIa M {Mtn" . YY•.GMllr i(.4 Winn 0 5o MRR -03 -2000 14.47 HR GREEN CO. Howard R. Green Co-r-pany CONSULTING ENGINEERS • March 3, 2000 File: 809310J-0240 Mr. Anthony J. Pint, P.E. Van Sickle, Allen and Associates, Inc. 2955 Xenium Lane N, Suite 10 Plymouth, MN 55441 RE NORTHEAST RESIDENT RESPITE HOMES CITY OF LITTLE CANADA, MINNESOTA Dear Mr. Pini: 651 644 2349 P.02/03 After our meeting last week with the. City of Little Canada, Greg Schroeder, Public Works Director, and 1 met with Steve Grittman, Clty Planner, to review your development. Based on cur discussion, following is a summary of the issues needing to be resolved: _ 1. We discussed your suggestion that the curb around the parking area be omitted on the east side to facilitate sheet flow onto the St. Paul Water Works property. We would suggest an alternative to omitting the curb. Rather than omitting it we would suggest a series of three or more spaces where approximately 1 foot of curb is omitted to allow drainage. Beyond the openings a small area of rip rap should be provided. We believe that this will accomplish two things: first, it will promote sheet drainage that the St. Paul Water Works is looking for and second, the small rip rap area will take the place of a storm water quality pond for the small drainage area that does not flow over a grass area. 2. As we discussed a 12 -foot wide driveway easement will need to be described through the City property for access from your garage to McMenemy Road. 3. After our meeting we did further research on the property nearest Little Canada Road. It is in fact stilt in the name of St. John's Church. Therefore, your proposed water service will cross both the City property and the St. John's Church property. • It will be necessary for you to obtain an easement from SL John's Church for the water service to cross their property. Likewise, we will need you to prepare an easement description for. the portion of the City property your water service will be crossing. The domestic service curb stop should be placed at the Little Canada Road right - of-way line. 4. As we discussed when we met, the 15 -foot driveway easement.for access to the rear of your proposed building will need to be realigned so that it meets the access to the parking area. 0:wROJ18a0310 10240LLtr 34-00 APInLdao 1328 Energy Peal Drive • St. Paul, MN 55108 • 851/644 -4389 fax 66116444446 toll free 8881368.4399 Page 43 MAR -03- -2000 14:47 Mr. Anthony J. Pini, P.E_ March 3, 2000 Page Two HR GREEN CO. 651 644 2349 P.03'03 5. We have discussed further the issue of the drainage which flows around the building and ultimately crosses the sidewalk between the parking lot and your proposed building. We believe that the drainage should be swaled and dropped into a structure and piped under the sidewalk, the outlet through the proposed retaining wall, onto the St. Paul Water Works property. This will avoid sheet flow over the sidewalk and eliminate any potential hazard created by water flowing over the sidewalk. If you have any questions regarding any of these issues, please call. Sincerely, Howard R. Green Company TenyyJ. Mau�r, P�E.� TJM:mw Co: Greg Schroeder, City of Little Canada Steve Grittman, Northwest Associated Consultants, 5775 Wayzata Blvd, Suite 555, St. Louis Park, MN 55418 O_WROJ1809310J1024014, 3.3-00 APInWdoo ' • Howard R. Green Company CONSULTING-ENGINEERS • Page 44 TOTAL P.03 4+4 Van Sickle, Allen & Associates, Inc. March 7, 2000 Mr. John Keis Chairman, Planning Commission City of Little Canada 515 Little Canada Road Little Canada, MN 55117 RE: Northeast Resident Respite Home Little Canada, Minnesota VAA Comm. No. 200027 Dear Mr. Keis: CEIVED 8 a0 We are in receipt of a letter from Mr. Terry Maurer, Howard R. Green Company, dated March 3, 2000, File : 809310J -0240 and offer the following responses: Item #1: Drawings will be revised to show at least three (3) one -foot wide curb cuts in the curb including riprap along the east side of the new parking lot. Item #5: Drawings will be revised to show a catch basin structure located on the west side of the sidewalk at the end of the drainage swale. A pipe will be installed from the catch basin under the sidewalk and daylight on the other side of the retaining wall. Riprap and other appropriate erosion control will be provided at the pipe outlet. Item #s 2, 3 & 4: The owner is currently in the process of preparing documentation for the easements noted. We respectfully request the Planning Commission recommend approval of the project. If acceptable, drawings will be revised prior to the March 22 Council meeting. Sincerely, VAN SICKLE ALLEN & ASSOCIATES, INC. 7 nthon Associa ini, P.E. Copy: Steve Grittman, Northwest Associated Consultants Terry Maurer, Howard R. Green Company Greg Schroeder, City of Little Canada George Rossez, Advent Construction F:\2000 Projects \ 00027 \Documents \0307keis.ltr.doc 2955 Xenium Lane North, Suite 10, Plymouth, MN 5541 (763) 559-9100 Fax (763) 559 -6023 Page 45 Engineers for the Grain, Feed & Flour Industries igineers to the Commercial & Industrial Markets owarc R. Green Corrcany CONSULTING ENGINEERS January 6, 2000 File: 809310J -0240 Honorable Chairman and Planning Commission City of Little Canada 515 Little Canada Road Little Canada, MN 55117 RE: NORTHEAST RESIDENT RESPITE HOME Dear Planning Commission Members: As requested, we have reviewed the site plans submitted for the Northeast Resident Respite Home proposal at the corner of McMenemy Road and Little Canada Road. Based on our review and discussions with Greg Schroeder, Public Works Director we would offer the following comments: 1. The site plan submitted was at a relatively small scale. No topography of the site was provided. Flow arrows indicate that all drainage from the site is intended to flow easterly onto the St. Paul Water Works right -of -way. As with all developments in the City of Little Canada, this site should also be required to provide a water quality and detention pond for its drainage. The detention pond should be sized to restrict the discharge off of the site to the existing condition flow. A permit will likely be needed from St. Paul Water Works for the ultimate drainage onto their property. 2. No utility connections are shown on the site plan. It is assumed that the water connection will be from the existing water main in Little Canada Road. If the building requires sprinkling, the sprinkling service and the domestic consumption service must be separate. An easement must be provided up to and including the curb stop of the domestic consumption service. Sanitary sewer is likely to be provided out the southern end of the building. It is unclear whether the building will require some type of lift station to get into the City sewer system. A revised plan should be provided which details how utility servicesare proposed to be provided. 3. It is not clear from the site plan how access to the development will be provided. It appears that access will be from McMenemy Road across private property. Has an easement been acquired for this access? 0: \PROJ \809310) \0240 \Itr 1-6 -00 planning comr Page 46 1326 Energy Park Drive • St. Paul. M .844 -9446 toll free 888/368 -4389 Honorable Chairman and Planning Commission January 6, 2000 Page Two In conclusion, we believe that a revised site plan at a larger scale including topography and drainage calculations and showing utility connections should be required to be submitted prior to approval of this development. If you have any questions regarding these comments please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. 0: \PROJ \809310J \0240 \Itr 1-6 -00 rIPZIei C Page 47 ipany 3 LITTLE CANADA PARKS AND RECREATION DEPARTMENT 515 Little Canada Road / Little Canada, MN 55117 -1600 Telephone: (651) 484 -2177 / Fax: (651) 484 -4538 JIM MORELAN, Director DON BOWMAN, Program Coordinator DEREK ANDERSON, Program Coordinator MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Jim Morelan, Parks & Recreation Director DATE: March 17, 2000 RE: Northwest Residence Group Home Upon reviewing the minutes from the March 9th Planning Commission meeting, I noted the comment was made by Mr. Rossez that the Water Works property to the east of the proposed group home will remain undeveloped. I want to point out that the City has a written agreement with the St. Paul Water Utility for the use of this property. We currently utilize this area as a skating facility in the winter and we set up a batting cage on the site during the summer months. Other activities such as soccer also take place there at various times of the year. The Parks & Recreation Department has also considered the possibility of expanding the use of the site to include parking for the skating facility and relocating the skating rink further south. While I do not foresee any negative impact from the group home on the present or future City uses of the Water Works property, I do want to ensure that the group home is aware of these uses. Most are fairly evident. However, there are expanded hours that the facility is occupied, including flooding after normal operating hours, especially early in the season when we are establishing an ice base. And, as I mentioned above, the City may wish to expand the uses in the future. I feel it is important to convey this information to the future occupants of the property so they are fully aware of the current and potential future uses of the property. cc: Northeast Residence George Rossez Page 48 MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 -4538 Joel R. Hanson Email: cityhall @ci.little- canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Deputy Clerk DATE: March 15, 2000 RE: Parking Lot — Little Canada Road and McMenemy Road Ownership Issues I have researched the ownership issues relative to the parking lot at the corner of Little Canada Road and McMenemy Road and have found the following information: *The northernmost triangular parcel is currently owned by St. John's Church. In 1970 the Church deeded this parcel over to the City. However, the deed was never recorded. That deed also included the legal description for Tract A. The Church was attempting to deed Tract A over to the City as well, however, Tract A was owned by Joseph Collova. Therefore, the Church had no ability to deed Tract A to the City. The deed was prepared by Memmer, Caswell & Parks. There is a restriction on this unrecorded deed limiting the use of the property to a public parking area. *Tract A is owned by the City. In May of 1982 Joseph Collova deeded Tract A over to the City. Tract A contains an easement over the east 20 feet of the parcel for ingress and egress for roadway purposes for the benefit of Tract B. There are no other easements or deed restrictions noted on the Certificate of Title. *Tract B is owned by Northeast Residence. Page 49 *400 Little Canada Road is the Credit Union property *2626 McMenemy Road is the apartment building owned by the Rossez family. *2620 McMenemy Road is owned by David Col lova. David Collova recently conveyed Tract B to Northeast Residence. *2614 McMenemy Road is owned by Gary Rheaume. Page 50 4 /2o D6o73p' U2.08 659.95 _ v ST. JOHN'S oh rt S c\toor 0 ' .7 ' ROSSEZ II �s o COLLOVA .1 1 RHEAUME %.4014.7 oZ" 'T 77.•3 b 14 '- R 593 -tilt$'° 1 75 I 75 1054.7 •n? n 13 s p n 2 7 J 5075n.iNglel 1 a 1 2014i 1 1. 66) IA.; iii g liti r.� 07) < ") �a sets 1 7s 7-,2G1 9 1 Q LACE i 1 44 Ty. i� �� r- r ..i ', I t Y, ;, z _ r c •i • ••� 1-. a 2 4 4 . 1 tn • O Q Page 51 8 8. MIND aS PLANNING CONLYIISSION JANUARY 13, 2000 CUP FOR RESPITE — HOME — LITTLE CANADA ROAD — NORTHEAST RESIDENCE Motion seconded by Duray. Motion carried 6 — 0. George Rossez, Advent Construction, and Corrine Schmidt, Northeast Residence, appeared before the Commission requesting approval of a Conditional Use Permit to allow a group home facility providing short-term respite care as well as a Variance from the setback requirements. The home is proposed adjacent to the St. John's Credit Union at the corner of Little Canada Road and McMenemy Road. The City Planner reported that the respite home qualifies as a single - family residence according to State Law. The property is currently zoned Residential Business, and the respite home is a permitted use. A Conditional Use Permit is required because one level of the structure is proposed to be used for commercial office space. The Planner further noted that a variance is being requested to the City's setback requirements. The building was designed anticipating 10 -foot side yard setbacks. The RB District requires 15 -foot side yard setbacks. The Planner noted that the City Engineer has raised issues relative to the drainage of the site and is suggesting that a storm water retention pond will be needed on the site. The Planner pointed out that the building as proposed takes up most of the property. Parking is proposed to occur in the rear. Because of the side yard setback issue as well as the need to redesign the site to accommodate storm water retention, more analysis is needed to see what fits on the property. The Planner pointed out that the applicant is not excited about redesigning the building and has expended a considerable amount of money getting to the point they are at now. The Planner indicated that if the Commission were inclined to grant the variance, the narrowness of the existing lot of record could be used as a hardship. However, the Planner pointed out that the argument could be made that the lot could be developed without a variance. The building would just have to be designed differently. Page 52 IVIINU1ES PLANNING COMMISSION JANUARY 13, 2000 The Planner pointed out that the issue has come up that the credit union building has a significantly smaller setback than the 15 feet required by the ordinance. The credit union building is a legal non - conforming structure. If the credit union site were redeveloped, required setbacks would have to be met. Corrine Schmidt reported that Northeast Residence has been working on this project for about a year and a half and has received approval for funding from the Federal Government to move forward with the project. Schmidt reported that the space needs to be occupied by the end of August as part of their funding requirements. Schmidt described the nature of the respite home, pointed out that it will provide short-term respite care of 2 to 5 days. Schmidt reported that the clients that will be served are families with physically and mentally handicapped family members. The ages of the clients range from 5 years up to 83 years of age. Schmidt reported that the architects designed the home to fit the property as well as meet ADA requirements. She indicated that if they have to start over now and redesign the house, they could lose their Federal funding. Keis asked the maximum number of residents at the home. Schmidt replied that the maximum number would be six. She indicated that Northeast Residence serves 100 different families per year. She also noted that mental retardation is the primary diagnosis for the clients that they serve. Keis asked if there were any issues to consider given the location of the school across the street Schmidt replied that there were not. She noted that the people they serve are vulnerable people who are not violent. George Rossez pointed out the nature of the lot and the difficulties in designing a layout that would work on this property. He also pointed out that in designing the layout he has tried to get some separation between the house and the credit union building. This has forced the building closer to the Water Works property. Rossez reported that the house has been designed over the last year to accommodate the needs of the people Northeast Residence serves, and they would like to stay with this design. Page 53 MINUTES PLANNING COP/ MISSION JANUARY 13, 2000 Keis asked if the City had been contacted relative to the setback issue. Rossez replied that they assumed a 10 -foot setback in designing the house. Rossez indicated that they would work with the City Engineer to get the ponding issue resolved. Schmidt asked that the Commission not table the issue at this point, but move it on to the City Council. Between now and the Council meeting, they would work with the City Engineer on the drainage issue. Montour suggested that without full information from the City Engineer on the ponding issue, he felt it was difficult for the Commission to adequately review the proposal at this point. Keis indicated that there are two issues before the Commission relative to this application. The first is the drainage issue and the second is the variance request. Keis suggested that the Commission give the applicant an indication of its feeling on the variance request at this point. Keis commented that it is difficult to visualize the size of the house and how it will look on the lot from just the diagrams submitted. Rossez indicated that the house will be a walkout and consist of 3,400 square feet on one level. Montour asked if there will be traffic to the front of the building. Rossez replied that there will be. Traffic to the front of the building will use that parking lot for dropping off clients. The parking lot proposed at the back of the building will be used by office personnel. Schmidt reported that there will be 24 -hour staffing at the home. The home will maintain a 1 to 2 staff/client ratio. There are no staff members; however, who are permanent residents of the home. Schmidt anticipated 3 to 4 vehicles in the lower parking lot for office staff. Knudsen pointed out that a variance cannot be allowed on the basis of a financial hardship. Rossez pointed out that the home has been in the design phase for about 1-1/2 years. Not being able to have a home the size and layout proposed, would be a hardship. Schmidt felt that the house fit the character of the neighborhood. Keis pointed out that approving a variance sets a precedent for the future. Rossez did not believe there would be any other homes like this one proposed in Little Canada. Page 54 MINUIES PLANNING CONIVi IISSION JANUARY 13, 2000 Rossow expressed concern about school bus access to the home and the fact that a handicapped - accessible school bus will tie up traffic on Little Canada Road for a minimum of 4 minutes when dropping off clients who utilize wheelchairs. It was pointed out that the building will front the parking lot at the corner of Little Canada Road and McMenemy Road and the school bus could utilize the parking lot. David Collova reported that he owns the adjacent property and asked how much traffic would be utilizing the lower parking lot. Schmidt reported that there will be 5 employees in the office during normal daytime business hours. She also reported that the clients using the respite home usually are dropped off during the daytime hours. A drop -off takes approximately 15 minutes and will likely occur from the upper parking lot. Keis noted that the crux of the issue is the variance and again suggested that the Commission give the applicant an indication on the variance. However, he felt the matter needed to be tabled so that the City Engineer can work with the applicant on the ponding issue. Duray felt there was no hardship present to justify the variance. Knudsen asked if there was any non - financial basis for a variance. The City Planner replied that the Commission would have to find a special condition that is unique to the property and that creates a hardship with putting the property to a reasonable use. The Planner suggested that the narrowness of the property may be a special condition. Knudsen suggested that the narrowness of the lot as well as the need to comply with ADA regulations would create a unique situation for this development. Therefore, he was willing to support a variance. Montour noted that the 15 -foot setback is not being met on one corner of the building. Montour suggested that the need for a storm water holding pond may effect the entire layout of the property. Barraclough felt that the use proposed was a good use of the property; and felt that given the Federal funding of the project, the property will be well maintained. Page 55 MINUTES PLANNING COMMISSION JANUARY 13, 2000 REZONING & CUP AMEND- MENT — 120 WEST COUNTY RD. C — TOM TUBBESE TG Carson indicated that he supported the variance. Keis replied that he did not support the variance; therefore, four Commissioners were in support and two were not. Keis recommended tabling action on the Conditional Use Permit to allow a group home facility providing short-term respite care as well as a Variance from the setback requirements as proposed by Northeast Residence until the February Planning Commission meeting in order to give the applicant time to work with the City Engineer on the issue of storm water retention and given the impact that this issue could have on site layout. Motion seconded by Barraclough. Motion carried 6 — 0. Tom Tubbesing, Tom's Auto at 120 West County Road C, appeared before the Commission requesting approval of a rezoning of his property from B -3 to B-4 as well as an amendment to his Conditional Use Permit allowing an increase in the size of his existing vehicle sales lot. Tubbesing reported that the only issue he had with the City Planner's recommendation is the requirement of a 5 -foot green area around the perimeter of the property. Tubbesing reported that on the south side of the property abutting County Road C, he would prefer to plant hardy shrubbery and wood chips that would withstand the salt and sand that gets thrown up on the boulevard as a result of snowplowing Tubbesing suggested that the grass recommended by the City Planner would not survive in this area. The City Planner suggested that the Public Works Director would have to review the plantings proposed by Tubbesing to ensure that they do not cause a problem for snowplows. The Planner indicated, however, that the plan submitted by Tubbesing is an attractive one. Tubbesing questioned the installation of a 5 -foot green area on the west end of the property, pointing out that it would abut the concrete curb and blacktop area that Gas -N -Go has. He also noted that the Gas -N -Go site is approximately 2 '/ feet higher than his property. On the east side of the property there is an alley, and Tubbesing stated that he could install the grassy area abutting the alleyway. Page 56 MINUTES PLANNING COMMISSION MARCH 9, 2000 Mr. Barraclough moved that the Park Place development proposal is in compliance with the City's Comprehensive Plan for the property in question. Motion seconded by Montour. Motion carried 6 - 0. CUP & Mr. George Rossez appeared before the Commission requesting approval VARIANCE - of a Conditional Use Permit to allow a group home facility providing NORTHEAST short-term respite care as well as a Variance from the setback requirement RESPITE for property at the intersection of Little Canada Road and McMenemy HOME Road. iSISIONSW Keis noted that the setback variance decreases the amount of landscaping that can occur along the side lot line. Keis stated that he would like to avoid the variance and asked if there was a way to decrease the size of the building. Rossez stated that there was not, and pointed out that they are trying to place the respite home as far from the credit union building as possible. The credit union has only about a 1 1/2 foot setback from the property line. There is an apartment unit in the lower level and the additional space would address privacy issues for this apartment unit. Rossez pointed out that only a corner of the respite home building extends into the setback. He also noted that the property abuts against the Water Works property that will remain undeveloped. The City Planner reported that since the January meeting when this proposal was first discussed, the applicants have met with the City Engineer and the Public Works Director to discuss storm water issues. Issues about access to the site have also been discussed. Access will be provided to the back of the site via easements over the adjacent two properties. Access to the front of the site will occur via the City parking lot at the front of the building. The engineer for the respite home will be working on the appropriate easements to provide legal access to the property. The Planner indicated that it has been determined that the site can function from an engineering standpoint without the ponding that was suggested initially. Knudsen pointed out that the variance is the only significant outstanding issue at this point. Montour asked what percentage of the total building extends into the required setback. It was determined that less than 5% of the building extended into the setback. Page 57 MINUTES PLANNING COMMISSION MARCH 9, 2000 The Planner noted that financial considerations are not a justification for granting a variance. He pointed out that an option would be to redesign the building, and there would be architectural fees associated with a redesign. The Planner indicated that when the architect designed the building he assumed 10 foot side yard setbacks. The requirement for this zoning district is 15 feet. Rossez pointed out that the width of the property at the front is approximately 92 feet and the width at the back is approximately 58 feet. There is also a curvature to the property that makes it difficult to work with. Knudsen asked Rossez his feeling for having the building redesigned. He suggested that the architect for the project should have been more diligent in investigating the setback requirements for this property. Rossez pointed out that less than 5% of the building is non - compliant. Knudsen pointed out that the issue is the precedent that would be set in granting a variance that is based on a financial hardship. Carson asked if property could be purchased from the Water Works to add to this parcel and alleviate the need for a variance. Barraclough noted that it might be less expensive to redesign the building than it would to buy property from the Water Works. Knudsen stated that he would like to find a way to get the project done, but pointed out that justification for granting the variance must be non- financial in nature. Keis pointed out the unique shape of the property as well as the fact that it backs up against the Water Works property. Duray asked if parking requirements have been met. The City Planner replied that it appears they have. Four parking spaces are proposed for the office use on the lower level. Parking for the respite home use on the upper level will have to be accommodated in the upper driveway area. The Commission discussed justifications for approving the variance. Mr. Montour recommended approval of the Conditional Use Permit to allow a group home facility providing short-term respite care as requested by Northeast Residence for property located at Little Canada Road and McMenemy Road as well as a Variance from the side yard setback requirements as requested subject to compliance with the recommendations of the City Planner, City Engineer, and City staff, and Page 58 MINUTES PLANNING COMMISSION MARCH 9, 2000 CUP, ARCHITECTURAL REVIEW, & FINAL PLAT - GOODYEAR subject to submission of an acceptable landscape plan, based on the following criteria: • The property abuts property owned by the Water Works which will never be developed; • The development proposal is to develop a commercial building which will have a residential appearance; • The portion of the building that will encroach into the required side yard setback is less than 5 %; • The property has a unique shape and topography; • The use of the property is commercial with building size approximately 74 by 40 consisting of 3,500 square feet on one level and given the nature of the use, the building must meet extensive ADA requirements; • The building project is County - funded, therefore, the likelihood of the building being well - maintained is high. Motion seconded by Barraclough. Motion carried 6 - 0. Perry Linn, Goodyear, appeared before the Commission requesting approval of a Conditional Use Permit for additional signage on a multiple tenant building, Architectural Review for the proposed building, as well as Final Plat for the property located at 2600, 2616, and 2620 Rice Street. Linn described the facade for the property. The Planner indicated that one pylon sign is proposed for the property; however, he has not seen the plans for this sign. Barraclough asked if the front of the building would line up with the Gas N Go building. The Planner indicated that the Goodyear building would be a little closer to Rice Street. However, the setback would be in compliance with City Codes. It was pointed out that a green space proposed along Rice Street. Knudsen asked if the green space would be similar to that in front of the Gas N Go building where the "Scott Barraclough bus bench" is located. The Planner replied that that was correct. Duray asked if rock -face block is proposed on the north side of the building. Linn described the facade treatments pointing out that brick will wrap around the north side of the building for several feet, but then the remaining exterior treatment on the north will be Page 59 N NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH RECEIVED MAR - 3 2830 MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: March 7, 2000 RE: Little Canada - RJ Marco /Goodyear FILE NO: 758.09 - 00.04 RJ Marco has submitted amended architectural drawings for the Goodyear development, as well as a general sign plan and a request for final plat approval. Comments from the City Council encouraged the developer to re- design the facade of the building to create a more staggered front facade and roof line, as well as to create a more prominent entrance at the Goodyear corner. The applicants have submitted the attached plan illustrating a similar basic floor plan and door layout, but with changes to the building front which make it appear to be a series of connected, but distinct, buildings. An "arcade" corner piece was added at the Goodyear entrance which is the most prominent portion of the building. It includes a cornice treatment at the top. Materials for the building are proposed to be brick and rock -faced block along the west (Rice Street) exposure. A brick portion would also wrap around the north side of the building, and the entrance prominence would be brick along the south exposure. The remainder of the building would be rock -faced concrete block. The building plan includes a single painted block line around the entire structure. The sign plan appears to meet the ordinance requirements for multiple tenant commercial buildings. The plans indicate a maximum sign area of 555 square feet, of which Goodyear will use 126 square feet. 108 square feet are allotted for the other three tenants. This would be less than half of the maximum allowable sign area. Finally, the City Engineer should review the final plat to ensure that it meets the requirements of the preliminary plat approval. Of particular note would be easement locations for utilities and stormwater drainage. 5775 WAYZATA BOULEVARD, SJ 11TR 555 ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 61 2- 595 -9636 FAX E Page 60 v1AIL NAC @ WINTERNET. COM In summary, the Goodyear project appears to meet the basic requirements of the City's Zoning Ordinance and Architectural Guidelines. With the condition that the City Engineer provide comment on the plat, the RJ Marco project is recommended for Sign Permit and Final Plat Approval. Architectural approval should be forwarded to the City Council with additional recommendations of the Planning Commission (if any). cc: Kathy Glanzer Greg Schroeder Elizabeth Mursko Terry Maurer RJ Marco Construction Page 61 ' diiL11 :..A , 'IA 17 . i i I 2 17 Vt tti 3 ?AP „II s :IAA cc 1-1-1 SNOLLYA313 i101831X3 1 0 0 0 1111 1111— 11.1i1 , 131N33 d12113 'MOM 311111 1 h it- 113 tgi it :hi 111 4AJ Page 62 uJ -cc it NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Little Canada Planning Commission FROM: Daniel Licht / Stephen Grittman DATE: 11 January 2000 RE: Little Canada - Goodyear FILE NO.: 758.09 - 00.03 BACKGROUND R.J. Marco Construction has submitted plans to construct a 14,984 sq. ft. multiple tenant retail /minor auto repair building on several parcels located on Rice Street south of County Road C. The subject site includes parcels previously developed with a car wash, single family home and other parcels. The applicant's proposal requires consideration of a rezoning to B-4 District, CUP to allow minor auto repair, variance from rear yard setback requirements and subdivision to combine the underlying parcels. In addition, the proposed building is also subject to architectural review due to it location adjacent to Rice Street. ANALYSIS A zoning amendment to rezone the property from B -3 to B-4 is necessary to accommodate the proposed minor auto repair and retail uses. The City recently amended the Zoning Ordinance to create the B-4 District to accommodate a mixture of retail and auto uses so as to encourage continued redevelopment along Rice Street. The requested rezoning is consistent with this purpose, as well as the guidance of the Comprehensive Plan for commercial uses along Rice Street. Within the B-4 District, minor auto - repair uses requires approval of a conditional use permit. The basis for the CUP requirement is to ensure that the use is compatible with existing or planned uses within the District. The principal concems in this regard are noise and outdoor storage. The service bays are completely enclosed. To ensure that there are no noise impacts, a requirement of the CUP may be that the service doors remain closed at all times except when moving vehicles in and out of the service area. Further, the CUP should specify that no repair may occur outside of the principal building. 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 5541 6 PHONE 6 1 2- 595.9636 FAX 61 Page 63 'RAIL NAC i@ WINTERNET.COM In terms of outdoor storage, the site plan indicates a large trash area. Plans submitted for the enclosure indicate that it will be constructed out of materials consistent with the principal building's appearance and completely screen trash containers and refuse from view. The site plan provides for a surplus of 14 parking stalls above Ordinance requirements, it is assumed that these extra stalls will be for patron vehicle parking. Beyond these designated are, no outdoor storage will be permitted. The submitted site plan conforms with applicable lot area and width requirements of the B-4 Districts. The proposed building is also consistent with required setbacks, except for the distance between the rear of the retail portion of the building and the west edge of Lot 2. This situation does present a unique hardship related to the shallow depth of the existing lot of record on this portion of the site. As such, a variance is appropriate to allow a rear yard setback of approximately 11 feet. Other site plan issues: • The site plan provides 80 off - street parking stalls of require dimensions, a surplus of 14 stalls above Ordinance requirements. Two disability stalls have been provided, but ADA Standards require that four be provided. The site plan indicates that concrete curb is provided; the detail plan sheet should be revised to include a plate for the curb which is required to be six inches tall. • The site plan does not indicate exterior lighting. A lighting plan should be provided that demonstrates the location and intensity of all site lighting, which must be so directed as to not impact the public right -of -way or adjacent property. • A landscape plan has been submitted that provides a mix of trees throughout the site. Patmore ash trees have been provided along Rice Street as boulevard trees as encouraged by the Design Guidelines. This tree line wraps around the north and south edges of the parking lot to the rear building line with Greenspire Linden and Autumn Blaze Maple Trees. A broader mix of trees is continued along the remainder of the south and rear property line. Areas not surfaced with parking or buildings are to be sodded or grassed. Overall, the landscape plan is appropriate. Portions of the parking lot encroach into a wetland buffer setback surrounding the pond on the south part of the property. This issue is subject to review and approval of the Watershed District. Grading, drainage and utility plans have been submitted and are subject to review and approval of the City Engineer. The proposed building is a one -story, flat roof structure. The roof has varying heights and is tallest at the south end of the west elevation highlighting the principal auto repair tenant. The materials applied to the facade of the building include utility brick, scored CMU, painted rock -face concrete block and prefinished metal fleshings as cornices. The utility 2 Page 64 brick is applied only to the front facade and wrapping around the sides 32 feet. The brick extends up the facade to the top of the building on the corners and eight feet up surrounding the windows. No colors have been indicated, but the Architectural Guidelines suggest natural colors other than "concrete grey ". The building doors are evenly space along the west elevation with windows on either side. The location of the doors facing Rice Street is positive, but additional architectural detailing would add interest to the building. The architectural guidelines encourage doorways to be recessed or protruding to create an undulating facade. Lintels or opening heads accomplish this goal and are also encouraged by the Guidelines. As for the windows, the Guidelines encourage awnings, which would be functional as well as aesthetic for west and south facing windows. The doors into the service bay include one door on the south facade set back from the front of the building 40 feet and two doors on the rear. The color of these and other service doors should be consistent with that of the painted concrete block. The building plans includes wall signage for the auto - repair tenant. The proposed sign is 126 sq. ft. and leaves 429 sq. ft. of allowed sign area to be divided among the remaining tenants (143 sq. ft. per space). It should be noted that the additional signs require a CUP per Section 903.110.5.b of the Zoning Ordinance and submission of a comprehensive signage plan. The site plan also indicates a pylon sign near the south entrance, but no plans have been submitted. This sign must conform with the provisions of Section 903.110.E.5.c of the Zoning Ordinance. The applicant has also submitted a preliminary plat to combine all of the respective parcels into two lots and one outlot. Lot 1 includes the retail /auto repair building and Lot 2 includes the existing stucco storage building. The outlot is being created simply to facilitate the likely transfer of this parcel to an adjacent property owner, which the City will assist with. If these respective applications are approved, a final plat suitable for recording will be required. RECOMMENDATION The proposed development of a building accommodating minor auto repair and retail uses is generally consistent with the Comprehensive Plan for the area and purpose of the B-4 Zoning District. Further, the condition use auto repair use can be accomplished in a manner compatible with surrounding uses. In developing the site, a variance from the rear yard setback is justified based upon the shallowness of the existing lot of record. As such, our office recommends approval of the applications, subject to the following conditions: 1. No auto repair may occur outside the principal building and the service bay doors are to remain closed at all times except when moving vehicles in /out of the building. Page 65 2. No outdoor storage will be allowed except for trash and refuse stored within the enclosure and vehicles for service within the fourteen (14) surplus designated parking stalls. 3. The concrete curb must have a height of six (6) inches. 4. A total of four (4) disability accessible parking stalls are designated. 5. A lighting plan is submitted subject to review and approval of City Staff. 6. Encroachment of the parking lot into a required wetland buffer setback is subject to review and approval of the Watershed District. 7. All grading, drainage and utility plans are subject to review and approval of the City Engineer. 8. Natural colors are selected for exterior building materials including consistent colors for all service doors. 9. Articulation and lintel detailing is provided over ail front entrances on the west elevation. 10. Awnings are provided above the windows on the west and south elevations. 11. Addition of wall signage for additional tenants will require submission of a comprehensive signage plan and application for a CUP. 12. Plans are submitted for the proposed pylon sign, subject to review and approval of City Staff. 13. A final plat is submitted. 14. Comments of other City Staff. pc. 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II ii 1111: I: tli : I I/ • :I Il ill 1l 1 • i ii ll : 1 1I!II ., ■' .. ;4_4;4 .1 : 1' . I I 1 ■ " ! 11119! II!I ■ 1 I 1 4 0 '1 1 4 we I v. 1:4 Vel I 1,4,,, ::.#1:14 I 11 . . If I 1 i 1,4 ■,." 7 •:::::: ' • F...: e 73 4,1J 0001.1 U31N33 UIUJS VQYNC 311111 + O O o- 0 I_ _ O Page 74 Howarc R. Green Company CONSULTING ENGINEERS January 6, 2000 File: 809320J-0240 Honorable Chairman and Planning Commission City of Little Canada 515 Little Canada Road Little Canada, MN 55117 RE: RICE STREET CAR WASH Dear Planning Commission Members: As requested, we have reviewed the submittal package for the Rice Street Car Wash site development proposal. The submittal package consisted of a seven -page plan set including title sheet, existing conditions, site plan, grading plan, utility plan, preliminary plat and detail sheet. The submittal package was prepared by Loucks and Associates. Also submitted were exterior elevations and floor plans. Based upon your review and discussions with Greg Schroeder, Public Works Director we would offer the following comments: A. Preliminary Site Plan • The parking layout shows 22 -foot wide drive lanes with 20 -foot deep parking stalls. We would suggest around the perimeter of the site where the parked vehicle has an opportunity to overhang the curb that the dimensions be changed to be 18 -foot deep parking stalls and 24 -foot wide isles. The 24 -foot width provides slightly more room for maneuvering vehicles. • Only two handicapped stalls are shown near the front of the building. We question whether two are adequate for the total development and whether or not they should be spread out along the front of the proposed retail space. Also a handicapped ramp will need to be provided somewhere along the front sidewalk of the proposed building. • Up near the northeast end of the proposed building the comer - parking stall should be provided with a bump out in the curb line to facilitate backing movements out cf that stall. B. Grading, Drainage and Erosion Control Plan • No drainage calculations were submitted. These will need to be submitted. reviewed and approved prior to final approval of the development. The proposed pond at the rear of the development shows a high water level of 950. The top of the berm surrounding the pond is just slightly above 950. We would suggest that at least one -foot of free board be provided from the high water level to the top of the berm. Also an emergency overflow should be provided somewhere near the pond outlet in case the pipe is plugged. This will eliminate potential flooding of the area to the east of the pond. Was the pond sized to ultimately service outlot A, if not should it be? O:\PROJ\809320J \0240\Itr 1-6-00 planning comml Page 75 1326 Energy Park Olive • St. Paul. MN ..644 -9446 ;oll free 388/368 -4389 Honorable Chairman and Planning Commission January 6, 2000 Page Two The development of the pond in its current location precludes any type of access to Outlot A. Outlot A does not have access to Park Avenue at the east side of the development. What is the intention of Outlet A? Is it planned to be combined with some of the other property on the east side of the proposed plat. 4. There is a catchbasin in the northeast corner of the parking lot that shows connection to an existing storm sewer line on Lot 2 behind the storage building. Does this existing storm sewer line have sufficient capacity to accept additional drainage? Tne drainage calculations submitted should include documentation as to the ability of this existing line to accept additional drainage. If this cannot be documented, another solution would be to direct this catchbasin into the drainage system for the remainder of the parking area down to the proposed pond. If this drainage is continued the way it is shown there will need to be a cross- access agreement for storm drainage from Lot 1 to Lot 2. C. In this same area there is a proposed retaining wall shown along the property line between Lot 1 and Lot 2. This wall is approximately 6 -feet tall at the north end. Where the wall is placed along the property line it will be within the required drainage and utility easements. Does the City want to allow a retaining wall of this height in their drainage and utility easement? if so it should he made clear that maintenance of this retaining wall is not the responsibility of the City, even though it falls within the City's easement. ✓ Lot 2 which contains the existing storage building is part of that plat. As such, topography should be provided on that lot as required by the ordinance. Also additional topography should be shown around the perimeter in areas where it is important to match into the adjacent-property. Such as along the east edge of Lot 1. :• No information is provided as to the location, if any, of driveways on the west side of Rice Street to determine how the.proposed driveways match up. Rice Street is currently the jurisdiction of Mn /DOT, but is planned to be tumed back to Ramsey County. Access permits for the proposed driveways will be required mcst likely from Ramsey County. • The driveway at the south end of the site should be provided with a high point to eliminate any surface drainage from exiting the site onto Rice Street. • Is there any need or desire for a sidewalk along Rice Street abutting this property? C. Utility Plan • Domestic water service lines are not shown. Domestic service lines must be separate from the sprinkler service Easements must be provided to the City up to and including the curb stop on the domestic service line. • There is an existing hydrant shown along Rice Street at approximately the center of the proposed buildings. There is a proposed new hydrant to be installed at the southeast corner of the proposed auto service building. This will be on a long dead -end line extended from Rice Street. We would suggest .that consideration be given to ;doping the watermain around the proposed development and placing at least one additional hydrant on the site. O: \PROJ \809320) \02401Rr 1-6.00 to it c Page 76 pang Honorable Chairman and Planning Commission January 6, 2000 Page Two D. Preliminary Plat :• We assume that the existing buildings on Lot 1 will be removed, however, it is not noted on the preliminary plat. What will happen to the stucco storage building in the northwest corner of Lot 2? Is this plan to be removed also? If notwill a variance will be required for the setbacks on this building. There is an encroachment into the south lot line of Lot 2 from a metal building outside of the plat. How will this encroachment will be dealt with? The encroachment falls directly in what would be the drainage and utility easement. If the encroachment is to continue, additional drainage and utility easements needed to be provided around the metal building. C. No easements are shown on the preliminary plat. Drainage and utility easements in accordance with the City ordinance should be provided around the perimeter of all lots. E. Detail Sheet No details are provided relative to the sanitary sewer and water service to the building. Details should .be provided for the construction of all sanitary sewer and water on the site. We can provide HRG /City details for this use. If you have any questions regarding any of these comments please call. Sincerely, Howard R. Green Company Terry Maurer, P.E. 0:1PROJ \809320J \0240 \Itr 1.6.00 dradev1/4 Page 77 npany s MINUTES PLANNING COivIMISSION JANUARY 13, 2000 REZONING, PROPERTY DIVISION, PRELIMINARY PLAT, CUP'S, AND VARIANCE - RICE STREET — RJ. MARCO asissISP The Park Street resident indicated that there are currently semis driving into the Frattalone site on Park Street and was concerned about additional semi traffic. The resident also commented that it appears there are auto repair uses occurring at the Frattalone site and it was her understanding that there were not allowed uses. Tubbesing reported that his business does not have transports to his site. Montour recommended approval of the rezoning of 120 West County Road C from B -3 District to B-4 District. Motion seconded by Carson. Motion carried 6 — 0. Montour recommended approval of an amendment to Conditional Use Permit for 120 West County Road C allowing the expansion of the existing vehicle sales lot subject to compliance with the recommendations of the City Planner, and subject to review and approval of the Public Works Director of the landscape plan for the property. Motion seconded by Carson. Motion carried 6 — 0. Mike St. Martin, Loucks & Associates, appeared before the Commission requesting approval of a rezoning to B-4 District, Property Division by metes and bounds description, Preliminary Plat, Conditional Use Permit allowing additional signage on a multiple tenant business building, Conditional Use Permit allowing minor auto repair, and a Variance from the rear yard setback requirements for the site on Rice Street to be redeveloped by R. J. Marco Construction. St. Martin described the property and the redevelopment plan for the site. St. Martin reported that the Goodyear portion of the building will have no outside service doors facing Rice Street. There will be two doors on the side and back of the building. St. Martin reported that the remaining retail space will likely be occupied by a car stereo store as well as another use. St. Martin reported that the site will have two access points on Rice Street, and approval has been received from MN DOT and the Page 78 MINUTES PLANNING COMiMISSION JANUARY 13, 2000 County for these accesses. Parking will occur on the south and rear of the building. Drainage will occur to a pond that will then discharge into the existing wetland. St. Martin reported that they are currently asking the Watershed for a variance from the wetland setback requirement. St. Martin reported that the existing parking lot on the site will be rebuilt with curb and gutter as well as storm sewer installed. This will help to clean up run -off before it gets into the pond. St. Martin pointed out the building layout on the site noting the need for a setback variance for a portion of the building. An 8 -foot setback is proposed for the middle portion of the building rather than the 20 feet required by Code. St. Martin pointed out that they are dedicating 17 feet of right -of -way along the front of the property for Rice Street, and this has made it difficult to work with the 20 -foot rear yard setback. The City Planner indicated that in addition to the 17 feet being dedicated for Rice Street, a 40 -foot front yard setback is required for the building. The Planner felt that these factors as well as the shallowness of the property were justifications for granting the variance. Knudsen asked if the building would be air conditioned, which would allow Goodyear to keep its doors shut during the summer months. St. Martin replied that the building would be air - conditioned. St. Martin questioned the Planners recommendation relative to architectural treatments on the front of the building, specifically with relation to the vestibule areas. St. Martin pointed out that bringing out the vestibules would result in a larger rear yard setback variance since the building would have to be pulled back further. The City Planner indicated that architectural review will occur at the time of final plat consideration. It was felt that there were alternatives that could be explored for architectural treatments to dress up the outside appearance of the vestibule areas. Jay Reiling reported that he is the owner of the property and that he is opposed to the rezoning as well as the other actions before the Commission. Reiling reported that when he purchased the property, he tried to work with the City to redevelopment the site. As a result, a moratorium was placed on the property so that it Page 79 MINUTES PLANNING CONLMISSION JANUARY 13, 2000 could be sold to R. J. Marco. Reiling reported that he was informed that an auto- related use would not be allowed on the site. Reiling also felt a car stereo shop would not be a good use of the property. Reiling felt that the proposal before the Commission was a drastic change from what he was told he could do with the property. Barraclough recommended approval of the rezoning of the County Road C redevelopment property from B -3 to B-4 District. Motion seconded by Duray. Motion carried 6 — 0. The Planner pointed out that R. J. Marco is requesting a Conditional Use Permit to allow additional signage on a multiple tenant business building. The Planner reported that the facade plan for the property does not indicate the location of the signage. Keis pointed out that signage is allowed up to 15% of the building face, and suggested that the City Planner could work with the applicant on the signage issue as long as the 15% was not exceeded. Keis suggested that final action on the CUP for the additional signage could occur at the time of architectural review. Carson recommended that the application for Conditional Use Permit allowing additional signage on a multiple tenant building be tabled pending submission of a detailed signage plan for the R. J. Marco building to be located on Rice Street. Motion seconded by Montour. Motion carried 6 — 0. Keis recommended approval of the Conditional Use Permit allowing minor auto repair for Goodyear at the Rice Street redevelopment site subject to compliance with the recommendations of the City Planner. Motion seconded by Knudsen. Motion carried 6 — 0. Page 80 MINUTES PLANNING COMMISSION JANUARY 13, 2000 CUP — 75 WEST VIKING DR. — R J. MARCO Barraclough recommended approval of the Variance from the rear yard setback requirements as requested by R. J. Marco Construction for the Rice Street redevelopment site based on the finding that a hardship exists given the shallowness of the lot as well as the requirement by the State and County for the dedication of 17 feet of additional right -of -way for Rice Street. Motion seconded by Knudsen. Motion carried 6 — 0. The Planner reported the need for approval of a property division by metes and bounds description. The developer would like to proceed with the financing of the property and the sale of a portion of the site that lies to the east toward Park Street. Given the lengthy process for finalization and recording of a plat, division of the portion to be sold by metes and bounds description would speed up the process for the developer. The Planner noted that the Commission also needs to act on the Preliminary Plat for the site. Barraclough recommended approval of a Property Division by metes and bounds description as well as the Preliminary Plat for the Rice Street redevelopment site as proposed by R. J. Marco subject to compliance with the recommendations of the City Planner and the City Engineer. Motion seconded by Knudsen. Motion carried 6 — 0. Barraclough suggested that when the developer comes back for Final Plat, Architectural Review, and action on the CUP for signage, that a color rendering of the building be presented to the Commission. He felt this would be helpful in their review of the project. The City Planner reported that R. J. Marco Construction is requesting a Conditional Use Permit allowing additional signage on a multiple occupancy business building located at 75 West Viking Drive. The City Planner reported that he has reviewed the sign placement as proposed and would recommend approval. Page 81 MINUTES CITY COUNCIL JANUARY 26, 2000 REZONING PLAT, CUP'S, AND VARIANCE - RICE STREET REDEVELOP- MENT AREA - GOODYEAR TIRE Scalze pointed out that Mr. Tubbesing is requesting to increase the size of his sales lot for repairable vehicles. She indicated that she was not sure this was the right location for this type of business given the economic development efforts in the area. Tubbesing reported that he does not repair vehicles at his business. He noted that he sells repairable vehicles to customers. The entire vehicle is sold and there is no sale of individual parts. Tubbesing reported that he has operated this business from 120 West County Road C for the past 16 years. He also noted that he will be removing the existing house on the property and regrading the site, which will result in an improvement to the area. His current building will be reroofed and the exterior updated. The entire sales lot will be fenced, and the repairable vehicles will not be visible from the street. Morelan felt the proposal would clean up the area. LaValle introduced the following resolution and moved its adoption: RESOLUTION NO. 2000 -1 -21- APPROVING 2HE REZONING OF 120 WEST COUNTY ROAD C FROM GENERAL BUSINESS (B -3) TO COMPREHENSIVE BUSINESS DISTRICT (B-4) AS WELL AS AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT INCREASING THE SIZE OF 11im EXISTING VEHICLE SALES LOT AS REQUESTED BY 1 HE PROPERTY OWNER TOM TUBBESING SUBJECT TO COMPLIANCE WITH THE RECOMMENDATIONS OF THE CITY PLANNER AS OUTLINED IN HIS REPORT DATED JANUARY 11, 2000 AND THE PUBLIC WORKS' DIRECTOR AS OUTLINED IN HIS REPORT DATED JANUARY 19, 2000 The foregoing resolution was duly seconded by Pedersen. Ayes (4) LaValle, Pedersen, Morelan, Fahey. Nays (1) Scalze. Resolution declared adopted. Fahey opened the public hearing to consider the rezoning to Comprehensive Business District (B-4), Property Division by metes and bounds description, Preliminary Plat, Conditional Use Permit allowing additional signage on a multiple tenant business building, Conditional Use Permit allowing minor auto repair, and a Variance from the rear yard setback requirements for the Goodyear project in the Rice Street redevelopment area. The Planning Commission recommended approval of these applications. Page 82 MINUTES CITY COUNCIL JANUARY 26, 2000 Scalze stated that it appears the majority of the building will be block. She recalled from previous discussions about the development, that the south side of the building would be brick given its visibility to Rice Street. Fahey indicated that that was his recollection as well. Reg Plowman, R. J. Marco Construction, described the facade of the building. He noted that brick will wrap around to the south side of the building for approximately 50 feet. The remaining exterior on the south will be block. Scalze indicated that this is different from what Petry Linn first proposed to the City. Plowman pointed out that there is limited visibility to the south side of the building. Therefore, to control costs it is proposed that the majority of the south side of the building will be rockface block. Linn indicated that they are trying to design as much aesthetic appeal into the building as possible. Given the depth of the building on the south side, it would be very costly to brick that entire side. Linn indicated that the benefit would not be there given the limited visibility from the south. Scalze pointed out that the previous discussion had been that the building should be as attractive as the Walgreen's building on the west side of Rice Street. Scalze suggested that the south side of the building will be visible given the adjacent wetland area. Linn pointed out the various levels designed into the roofline and the mixed use of rockface block and brick to break up the building so it does not present just a flat front. Fahey asked the color of the block suggesting that the City would not want gray. Plowman reported that the tan and brown color scheme presented on the drawings is what is being proposed. Pedersen stated that he was not aware that the building would have the appearance of a strip shopping center. Plowman pointed out previous discussion that the use not be limited to just a tire store. Based on this direction from the Council, the project is proposed with a retail component. Linn noted that given the limited depth of the parcel, it was necessary to design the footprint of the building as an L- shape. The only other alternative would be to have separate smaller buildings, and Linn indicated that he thought the City did not support that concept. Morelan referred to the initial concept drawings that were presented to the Council early Last year. He noted that the roofline and facade for Goodyear Tire as an anchor tenant broke up the strip mall appearance of the building. Fahey felt that there could be more flair in the design of the Page 83 MINUTES CITY COUNCIL JANUARY 26, 2000 roofiines for the building, rather than the flat design being proposed. Scare suggested some creativity in the design of the entry area for Goodyear. Plowman pointed out that part of the problem with designing the building is the narrowness of the property which is complicated by the fact that they are dedicating an additional 17 1/2 feet of right -of -way for Rice Street. The addition of individual vestibules on the front of the building will intensify the setback variance that is being requested. Scalze questioned the need for the large amount of green space being shown on the eastern edge of the property. The Planner reported that the Code would require a 5 -foot green space. Linn pointed out that the green space is being proposed as a separation between this property and the adjacent storage facility. Fahey suggested that the building could be redesigned pushing the Goodyear Tire portion back further on the lot and redesigning the roofline to eliminate or limit the strip center appearance of the building. Scalze agreed that the roofline needs to have some variation. The City Planner indicated that the City's architectural guidelines encourage the break up of rooflines. He stated that the concept proposed is generally consistent with the City's architectural guidelines, but agreed that the plan could be improved to distinguish it from other strip malls, emphasizing Goodyear as an anchor tenant and its space almost like a separate building. The Planner noted that the developer has added awnings and recessed the front lines of the building. The Planner further noted that the Planning Commission will be doing an architectural review of the project. Plowman agreed that the Goodyear portion of the building could be moved back four to five feet and some improvements could be made for the entry area on this portion of the building. He did note, however, that to save costs he is proposing brick wrap around the south side of the building for a distance of approximately 50 feet. The remaining south side of the building would be rockface block. Fahey again suggested a different roof design and a higher construction or pitched roof over the Goodyear portion of the building. Plowman asked if the Council had a problem with the mix of brick and block being proposed. Fahey and Scalze stated that they did not. Morelan indicated that he did not care for the repeating theme on the front of the Page 84 MINUTES CITY COUNCIL JANUARY 26, 2000 building. Plowman suggested that they could break this up by changing the appearance of the middle section of the building. There was no one present from the general public wishing to comment on this matter. Upon motion by Morelan, seconded by LaValle, the public hearing was closed. Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 2000 -1 -22 - APPROVING THE REZONING OF THE RICE STREET REDEVELOPMENT SITE FROM GENERAL BUSINESS (B -3) TO COMPREHENSIVE BUSINESS DISTRICT (B- 4) AS REQUESTED BYR .J. MARCO CORPORATION The foregoing resolution was duly seconded by Pedersen. Ayes (5) Morelan, Pedersen, Scalze, LaValle, Fahey. Nays (0). Resolution declared adopted. Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 2000 -1 -23 - APPROVING lliE PROPERTY DIVISION OF THE R .7. MARCO REDEVELOPMENT SITE ON RICE STREET BY METES AND BOUNDS DESCRIPTION The foregoing resolution was duly seconded by LaValle. Aye (5) Morelan, LaValle, Scalze, Pedersen, Fahey. Nays (0). Resolution declared adopted. Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 2000-1-24 - APPROVING THE PRELIMINARY PLAT OF THE R. J. MARCO REDEVELOPMENT SITE ON RICE STREET SUBJECT TO COMPLLANCE WITH TFIE RECOMMENDATIONS OF 113E PLANNING COMMISSION The foregoing resolution was duly seconded by LaValle. Ayes (5) Mercian, LaValle, Scalze, Fahey, Pedersen. Nays (0). Resolution declared adopted. Mr. Fahey introduced the following resolution and moved its adoption: Page 85 MINUTES CITY COUNCIL JANUARY 26, 2000 CUP - 75 WEST VIIKING DRIVE - R. J. MARCO RESOLUTION NO. 2000 -125 - TABLING ACTION ONA CONDITIONAL USE PERMIT ALLOWING ADDITIONAL SIGGNAGE ON A MULTIPLE TENANT BUSINESS BUILDING PENDING A RECOMMENDATION FROM THE PLANNING COMMISSION The foregoing resolution was duly seconded by LaValle. Ayes (5) Fahey, LaValle, Scalze, Pedersen, Morelan. Nays (0). Resolution declared adopted. Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 2000-1-26 - APPROVING A CONDITIONAL USE PERMIT ALLOWING MINOR AUTO REPAIR FOR GOODYEAR I7RE AT THE RICE STREET REDEVELOPMENT SITE SUBJECT TO COMPLIANCE WITS T1E RECOMMENDATIONS OF THE PLANNING COMMISSION The foregoing resolution was duly seconded by Scalze. Ayes (5) Morelan, Scalze, Pedersen, Fahey, LaValle. Nays (0). Resolution declared adopted. Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 2000 -1 -27 - APPROVING A VARIANCE FROM THE REAR YARD SETBACK REQUIREMENTS FOR THE R. J. MARCO PROJECT ON THE RICE STREET REDEVELOPMENT SITE SUBJECT TO COMPLIANCE WITH 1HE RECOMMENDATIONS OF THE PLANNING COMMISSION The forgoing resolution was duly seconded by LaValle. Ayes (5) Morelan, LaValle, Scalze, Pedersen, Fahey. Nays (0). Resolution declared adopted. Fahey opened the public hearing on a Conditional Use Permit allowing additional signage on a multiple occupancy business building at 75 West Vilcing Drive as requested by R. J. Marco Construction. The Planning Commission has recommended approval of the CUP. There was no one present from the general public wishing to comment on this matter. Page 86 MINUTES PLANNING COMMISSION MARCH 9, 2000 CUP, ARCHITECTURAL REVIEW, & FINAL PLAT - GOODYEAR subject to submission of an acceptable landscape plan, based on the following criteria: • The property abuts property owned by the Water Works which will never be developed; • The development proposal is to develop a commercial building which will have a residential appearance; • The portion of the building that will encroach into the required side yard setback is less than 5 %; • The property has a unique shape and topography, • The use of the property is commercial with building size approximately 74 by 40 consisting of 3,500 square feet on one level and given the nature of the use, the building must meet extensive ADA requirements; • The building project is County- funded, therefore, the likelihood of the building being well - maintained is high. Motion seconded by Barraclough. Motion carried 6 - 0. Perry Linn, Goodyear, appeared before the Commission requesting approval of a Conditional Use Permit for additional signage on a multiple tenant building, Architectural Review for the proposed building, as well as Final Plat for the property located at 2600, 2616, and 2620 Rice Street. Linn described the facade for the property. The Planner indicated that one pylon sign is proposed for the property; however, he has not seen the plans for this sign. Barraclough asked if the front of the building would line up with the Gas N Go building. The Planner indicated that the Goodyear building would be a little closer to Rice Street. However, the setback would be in compliance with City Codes. It was pointed out that a green space proposed along Rice Street. Knudsen asked if the green space would be similar to that in front of the Gas N Go building where the "Scott Barraclough bus bench" is located. The Planner replied that that was correct. Duray asked if rock -face block is proposed on the north side of the building. Linn described the facade treatments pointing out that brick will wrap around the north side of the building for several feet, but then the remaining exterior treatment on the north will be Page 87 MINUTES PLANNING COMMISSION MARCH 9, 2000 rock -face block. Linn noted that the color of the brick and block will be similar to color rendering that the Commission had before them. Keis asked about the CUP. The Planner indicated that the CUP is necessary because of the multi -tenant nature of the building. However, he noted that the total signage being proposed is under the maximum allowable by the sign ordinance. The Planner indicated that he will need to review the plans for the pylon sign to ensure that this sign is in conformance as well. Knudsen recommended approval of the Conditional Use Permit for additional signage on a multiple tenant business building subject to review and approval of the pylon sign by the City Planner and subject to compliance with the recommendations of the Planner. Motion seconded by Carson. Motion carried 6 - 0. Mr. Knudsen recommended approval of the Architectural Review for the proposed Goodyear building subject to compliance with the recommendations of the City Planner. Motion seconded by Carson. Motion carried 6 - 0. Mr. Knudsen recommended approval of the Final Plat for the Goodyear proposal as submitted subject to compliance with the recommendations of the City Planner, City Engineer, and City staff. Motion seconded by Carson. Motion carried 6 - 0. PROPERTY Mrs. Patricia O'Neil reported that she owns the property at 666 DIVISION - LaBore Road and is requesting the division of the property into 666 LaBORE two single - family lots so that she can build a new home. O'Neil ROAD - indicated the home she is proposing to building will consist of O'NEIL 3,600 square feet on one level. She estimated the total value of the home with the land at $1 million. Page 88 Little Canada, Minnesota APPLICATION FORM PAID N° 862 Rec. No Comprehensive Plan Amendment Conditional Use Permit Zoning District Amendment Variance Text Amendment / Subdivision Other Planned Unit Development f, Plan Review L (a (1 IICiIp iL � fI j �/ `--7 Applicant (Cc%C IL; EI f1- 9- 1C(11- akl'e f ( 14 i ) (C(}S11151 )/(tS) (lat/IC -57, (Name) (Address) (Phone) Owner (A- —0 r ire e , (Name) La 0 A) z(i) ) (Address) Property Location (Street Address and Legal Description): (Phone) Description and /or Reason for Request (Cite Ordinance Sections): f �`� I�x �� L •I�i L I In signing this application, I hereby acknowledge that I have rea fully understand the applicable provisions of the Zon- ing and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- tion expense. \. / Ci 1 Page 89 / / & -, /<'_) /CC' WHITE — Office CANARY— Customer PINK —File GO.... (Date) MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen 515 Little Canada Road. Little Canada. MN 55117 -1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 4538 Joel R. Hanson Email: cityhall @ci.Iittle - canada.mn.us CITY OF LIII'LE CANADA NOTICE OF PUBLIC HEARING PROPERTY DIVISION PROPOSAL: APPLICANT & PROPERTY OWNER: PROPERTY LOCATION: PLANNING COMMISSION: CITY COUNCIL: Request for approval of a Property Division subdividing one lot into two single- family residential lots. The property in question is zoned Single- Family Residential (R -1). Theodore & Patricia O'Neil 1721 Pleasant Avenue Lauderdale, MN 55113 666 LaBore Road Little Canada, MN 55127 The Little Canada Planning Commission will be reviewing this matter at their Thursday, March 9, 2000 meeting. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, March 22, 2000 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, March 9, 2000 and during the City Council meeting on Wednesday, March 22, 2000. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 90 ■ ‘.7;149 Ar.:::34$4,itt\ ee, Vat:30Yr • t3t • e. Tel oe. ..../03.3.1:73, tte.;■•4•.r. ?me e Page 91 WPC MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH RECEIVED 1/4AR - d Boa TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: March 7, 2000 RE: Little Canada - O'Neil Subdivision FILE NO: 758.09 - 00.08 Theodore and Patricia O'Neil have submitted an application for a subdivision of a parcel at 666 LaBore Road. The parcel currently consists of just under three acres, with about 400 feet along Keller Parkway. The property contains one single family home which has a detached garage and driveway from LaBore Road. The proposed lot split would divide the property into two parcels. The west parcel would contain the existing house and garage, and about 1.6 acres. The east parcel would contain about 1.2 acres, and 123 feet of width. There is a small shed which would be on the east parcel, about two feet six inches from the new property line. The City's ordinance allows such sheds with a three foot setback. The line should be adjusted to meet the setback, or the shed should be moved. The proposed lot line would create a five foot setback from the existing house. This is consistent with the ordinance language which allows a five foot side yard setback on lots which were developed prior to 1980. The setback standards for the new lot will be 10 feet on each side, 30 feet from the front, and 30 feet from the rear. The applicant's surveyor should provide drainage and utility easements along the property lines as required by the subdivision ordinance. The east parcel would be accessed via a driveway from Keller Parkway. Although not required by City ordinance, the new home on this lot would fit within the neighborhood better with a setback from Keller Parkway of 70 to 80 feet, rather than the minimum 30 feet as allowed by the zoning regulations. The applicant is encouraged to take this into account as a part of any building plans they have for the property. 5775 WAYZATA BOULEVARD, SIIITE 555 ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 61 2- 595 -9636 FA> Page 92 E -MAIL NAC @ WINTERNET.COM In summary, the subdivision meets all City requirements, with the conditions that (1) easements are provided along the lot lines in accordance with the subdivision ordinance, and (2) the location of the new property line or the shed are adjusted to meet the 3 foot setback for such structures. cc: Kathy Glanzer Greg Schroeder Elizabeth Mursko Terry Maurer Theodore and Patricia O'Neil Page 93 7i felt ern°. 199 pcI'r 09 szownic • 1 2.49 54,296 sq. ft. IIL'ST PARCEL 74,490 sq. ft St: iecn wAh 9725 cap al intersection pl Iwnnl am •artl b 1/2 Inch Er 99 2.36 scale and 2 2.371o,d a POrth cnf 0.3 Em'. ("0( In 01 lac O9on. 1,14 KE G RL:IJ.S Page 94 a GRAPHIC SCALE Lam.- 9cr— m�— eEa+ne '. CID= ID— �a�7— w�� -ras�n 111 {EEi 1 Bich 50 R. to /J A7>, 9 9 n 0 0 0 • • 535 1 c 3: 37 j0 ..C. J J� �- (-2954) . 80ac O 2554) I) I2 84ac. ftw ( -2654) 86 ac. o V o ( -2754) o c.P O � ( -2654) BLOC �2 •.o' G S ( -2954) 150 i Th.c 14: 4 'i7aC la Q x N r%iC� QY� :" S (io) 330 0 ( 9) 4 O1 Mae 1 r � L\ 11 •13 { 14 • ts. 44 Q7 IS � n 0 W 0 Q 1 J 7 3 ISI Ap i :. V yIP O A P , P! us� • 15!.40 ry •44 ry 1 ..,y 1. y Y 2 5S,.. r0 vn ...I • /Z /i�D Z.IJ • Ix 41 (52) `„'�". IZ 313 = jP a Q 4 .d6_.- ,71w 4 of AS r1JS•:s uJJ 111 2915 I µV / 0 -4 .30 1'y' NIA Oj ~ . o�rr 0 • a,) 2..., • „..--re I o Y A � sei ..♦T1 170 39 0e. h • M gd C 1� q� r n .59ae 21tlo '175 20S ZIS 1 (.17en„ Low P• �� ,a...1,4„ 1 r i.?y 'a 0 (20) 16 sea" "1 as a 0'- u a -- W a11 O 1- Z 99,7 W mow' j �; MINUTES PLANNING COMMISSION MARCH 9, 2000 PROPERTY DIVISION - 666 LaBORE ROAD - O'NEIL rock -face block. Linn noted that the color of the brick and block will be similar to color rendering that the Commission had before them. Keis asked about the CUP. The Planner indicated that the CUP is necessary because of the multi -tenant nature of the building. However, he noted that the total signage being proposed is under the maximum allowable by the sign ordinance. The Planner indicated that he will need to review the plans for the pylon sign to ensure that this sign is in conformance as well. Knudsen recommended approval of the Conditional Use Permit for additional signage on a multiple tenant business building subject to review and approval of the pylon sign by the City Planner and subject to compliance with the recommendations of the Planner. Motion seconded by Carson. Motion carried 6 - 0. Mr. Knudsen recommended approval of the Architectural Review for the proposed Goodyear building subject to compliance with the recommendations of the City Planner. Motion seconded by Carson. Motion carried 6 - 0. Mr. Knudsen recommended approval of the Final Plat for the Goodyear proposal as submitted subject to compliance with the recommendations of the City Planner, City Engineer, and City staff. Motion seconded by Carson. Motion carried 6 - 0. Mrs. Patricia O'Neil reported that she owns the property at 666 LaBore Road and is requesting the division of the property into two single - family lots so that she can build a new home. O'Neil indicated the home she is proposing to building will consist of 3,600 square feet on one level. She estimated the total value of the home with the land at $1 million. Page 96 MINUTES PLANNING COMMISSION MARCH 9, 2000 SUP FOR HOME OCCUPATION - 2622 JACKSON STREET - BIXBY Knudsen pointed out that the westerly parcel has access via LaBore Road. Knudsen asked if the new home would have access via Keller Parkway. O'Neil replied that that was correct. Mrs. Hedlund, 655 Keller Parkway, asked if all setbacks would be met. The City Planner replied that the proposed lot exceeds the City's minimum requirements. Setbacks will have to be met as part of the building permit process. The Planner also noted that there is an existing shed on the property that will have to be moved. The Planner indicated that he has recommended a 70 foot setback for the house from Keller Parkway. However, the applicant has indicated that it will be difficult to set the house back 70 feet given the terrain of the lot. The house will meet minimum setback requirements, however. The property owner at 636 LaBore Road was concerned that the access for the new lot would be via LaBore Road. O'Neil reported that the new lot will have road access via Keller Parlcway. Mr. Barraclough recommended approval of the property division for 666 LaBore Road as requested by Mrs. Patricia O'Neil subject to compliance with the recommendations of the City Planner. Motion seconded by Montour. Motion carried 6 - 0. Mr. and Mrs. Scott Bixby, 2622 Jackson Street, appeared before the Council requesting approval of a Special Use Permit for a home occupation. The Planning Commission noted the City Planner's recommendation that the special use permit be limited to one year's duration and that the applicant find a commercial location for his business. Bixby indicated that he is currently looking for a new location. The Planner indicated that home occupation permits typically have a one year review period. Carson pointed out that the recommendation is for a one year permit with no renewal. The Planner replied that that was correct, although the applicant can always request an extension. The Planner indicated that hopefully the applicant will find a Page 97 MAYOR Michael L Fahey COUNCIL Beverly Scalze Jim LaValte Steve Morelan Bob Pedersen 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 4538 Joel R. Hanson Email: cityhall @ci.little - canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Deputy Clerk DATE: March 15, 2000 RE: Special Use Permit for Home Occupation — Scott Bixby Scott Bixby has requested that Council table action on his application for Special Use Permit for a home occupation until the April 26th Council meeting. Mr. Bixby will be out of town on March 22 "d and is unable to attend the Council meeting. Page 98 3 -13 -2200 1 10A FROM APOLLO ENTERPR ISESA 415 2763 MAR -13 -00 NON 11:22 CITY OF LITTLE CANADA FAX N0, 6514844538 P. 02 MAYOR Michael I. Salley COVNCIL. Seeeriy $eal;e Jim Lenity Steve Morel= Hob Fedexaen 815 Little Canada Road. Little Canada, MN 55111-1600 (651) 484-21771 FAX; (651) 484 -4538 J�� Henson Email: cltyhall@ci.littte- canada,mn.us March 13, 2000 Waiver of Sixty Day Limit Law The applicant, Scott Bixby, agrees to waive the time limits set by the Sixty (60) Day Limit Law (Minn. Stat. 15.99.) to the City of Little Canada regarding the Special Home Occupation Permit application at 2622 Jackson Street dated February 22, 2000. Scott Bixby Applicant Date Request to Table Zoning Application The applicant, Scott Bixby, is requesting that his Special Home Occupation Permit dated February 22, 2000 be tabled to the April 26, 2000 Council Meeting due to a conflict in his schedule. c. Scott Bixby Bixby Date Applicant Page 99 P. 2 Applicant Owner Little Canada, Minnesota APPLICATION FORM PAID N? 86f Rec. No Comprehensive Plan Amendment 5C, Conditional Use Permit Zoning District Amendment Variance Text Amendment Subdivision Other Planned Unit Development Plan Review Sot 2 C ■\ &t, (Name) `aLrn racvC st.J. S''3- (Address) 6St -4S a.-tSSo (Phone) (Name) Property Location (Street Address and Legal Description): a toacz —alo`• mac cs,„,..S t- (Address) (Phone) Description and /or Reason for Request (Cite Ordinance Sections ?: ROrl , I e is 0 cw..ga_A- v.,..\ W a nK I� `h...ts Lies, . m CI \rSCt ,.csa s tv- w ¼J&; \O a * . etc,,,,. " tract- >s ra 4 - AJi!1 k n s-.. \-0-0-4A u* k ij js-s- `Z 2ttu. St .s.1. vws.A- Va. In signing this application, l hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- ing and Subdivision Ordinances and current administrative procedures. 1 further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- tion expense. Page 100 (Date) ciaf 924 7J MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Ji.n LaValle Sieve Morelan Bob Pedersen 515 Little Canada Road. Little Canada. MN 55117 -1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 -4538 Joel R. Hanson Email: cityhall(ci.little- canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING SPECIAL USE PERMIT PROPOSAL: APPLICANT & PROPERTY OWNER: PROPERTY LOCATION: PLANNING COMMISSION: CITY COUNCIL: Request for a Special Use Permit to allow a home occupation consisting of a satellite and antenna installation/service /repair company. The property in question is Medium - Density Residential (R -2). Mr. Scott Bixby 2622 Jackson Street Little Canada, MN 55117 2622 Jackson Street Little Canada, MN 55117 The Little Canada Planning Commission will be reviewing this matter at their Thursday, March 9, 2000 meeting. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, March 22, 2000 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, March 9, 2000 and during the City Council meeting on Wednesday, March 22, 2000. Sign language interpreters for hearing - impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 101 MAYOR Michael E. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Marelan Bob Pedersen 515 Little Canada Road. Little Canada. MN 55117 -1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 -4538 Joel R. Hanson Email: cityhall@ci.little- canada.mn.us January 24, 2000 Mr. & Mrs. Scott Bixby 2622 Jackson Street Little Canada, Minnesota 55117 RE: Home Occupation at 2622 Jackson Street Dear Mr. & Mrs. Bixby, In response to our meeting held on January 19, 2000, I am forwarding you this letter regarding our discussion pertaining to your home occupation located at 2622 Jackson Street. At our meeting the following issues were discussed: • The nature home business /occupation is a satellite and antenna instailation/service /repair company located at 2622 Jackson Street. • Six employees' report to your home, five employees leave with a company vehicle and one employee reports to your home for work. • The business receives 1 -2 deliveries per week. • Your business has five (5) company vehicles that are parked at 2622 Jackson Street after business hours. Employees park their personal vehicles on the street (East Rose Race) during business hours. • The hours of operation are: 7:30 a.m. to 5:30 p.m.; six days per week. • City Staff discussed the home occupation guidelines and the Special Use Permit criteria and guidelines. It is my understanding that you will submit an application for the Special Use Permit before the February 21, 2000 deadline for the Planning Commission Meeting agenda on March 9, 2000 and will attend the second Council Meeting in April as the City Staff has determined that your home occupation meets the special home occupation permit criteria. I appreciate your cooperation in this matter. Should you have any questions or concerns, please contact me. Sincerely Elizabeth Murkso Zoning Administrator / Code Enforcement Officer Page 102 Goicaop O-c-frewot Page 103 N�AC MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH RECEIVED VA - d 263 TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: March 7, 2000 RE: Little Canada - Bixby Special Home Occupation Permit FILE NO: 758.09 - 00.07 Mr. Scott Bixby has applied for a Special Home Occupation permit for his property at 2622 Jackson Street. The property is at the corner of Jackson and East Rose Place. Although the front of the home, and the mailing address, are on Jackson, the driveway and garage face East Rose Place. The applicant currently operates a satellite antenna installation and repair service from his home, which includes five company vehicles which are stored at the property. Employees report to the home in the morning, park their personal vehicles on the street along East Rose Place, and take company vehicles to individual job sites. Because of the traffic and employees, any home occupation for this site would require a Special Home Occupation Permit. The purpose of the home occupation regulations is to ensure two objectives: (1) that residential neighborhoods are not subjected to non - residential disruptions, and (2) that businesses operators conducting business in a commercial district are not subject to unfair competition from those paying only residential property taxes. The zoning ordinance breaks home occupations into two classes. Permitted home occupations operate with very low volume traffic and no on -site employees. Home offices, piano lessons or other similar uses fall within this class. Special home occupations have characteristics which may tend to disrupt the residential character of a neighborhood. The presence of employees, special non - residential equipment, or unusually large amounts of traffic trigger this permit. Mr. Bixby states in his application that he is currently looking for property in a commercial district. Because of the level of traffic and the parking necessary to accommodate a business use of this size, it does not appear likely that reasonable changes can be made to the business which would eliminate commercial impacts on the neighborhood. Each 5775 WAYZATA BOULEVARD, `; I IITE 555 GT I nUIS PARK. MINNESOTA 55416 Page 104 PHONE 612-595-9636 FA: -MAIL NAC @ WINTERNET.COM evening, at least five commercial vehicles are parked in the area. Each day, at least five employees' vehicles are parked on the street. This amount of traffic and parking is most similar to a commercial parking lot, and does not appear to be compatible with the typical expectations for a residential neighborhood. Home occupation permits are issued for one year, with extensions considered in subsequent years for up to three year periods. Staff would recommend that any permit be granted only for the first year, with a condition that Mr. Bixby locate a suitable commercial location for employee parking, commercial vehicle storage, and employee reporting. One year should be adequate time to accomplish this objective. In the interim, staff would recommend that employees' personal vehicles be parked in the driveway, rather than on the street to minimize congestion on this short residential street. cc: Kathy Glanzer Greg Schroeder Elizabeth Mursko Terry Maurer Scott Bixby Page 105 MINUTES PLANNING COMMISSION MARCH 9, 2000 SUP FOR HOME OCCUPATION - 2622 JACKSON STREET - BIXBY Knudsen pointed out that the westerly parcel has access via LaBore Road. Knudsen asked if the new home would have access via Keller Parkway. O'Neil replied that that was correct. Mrs. Hedlund, 655 Keller Parkway, asked if all setbacks would be met. The City Planner replied that the proposed lot exceeds the City's minimum requirements. Setbacks will have to be met as part of the building permit process. The Planner also noted that there is an existing shed on the property that will have to be moved. The Planner indicated that he has recommended a 70 foot setback for the house from Keller Parkway. However, the applicant has indicated that it will be difficult to set the house back 70 feet given the terrain of the lot. The house will meet minimum setback requirements, however. The property owner at 636 LaBore Road was concerned that the access for the new lot would be via LaBore Road. O'Neil reported that the new lot will have road access via Keller Parkway. Mr. Barraclough recommended approval of the property division for 666 LaBore Road as requested by Mrs. Patricia O'Neil subject to compliance with the recommendations of the City Planner. Motion seconded by Montour. Motion carried 6 - 0. Mr. and Mrs. Scott Bixby, 2622 Jackson Street, appeared before the Council requesting approval of a Special Use Permit for a home occupation. The Planning Commission noted the City Planner's recommendation that the special use permit be limited to one year's duration and that the applicant find a commercial location for his business. Bixby indicated that he is currently looking for a new location. The Planner indicated that home occupation permits typically have a one year review period. Carson pointed out that the recommendation is for a one year permit with no renewal. The Planner replied that that was correct, although the applicant can always request an extension. The Planner indicated that hopefully the applicant will find a Page 106 MINUTES PLANNING COMMISSION MARCH 9, 2000 commercial location and the home occupation will no longer be an issue by the end of one year. Montour pointed out the recommendation of the City Planner that employees' vehicles should be parked in the driveway rather than on the street. A property owner in the area indicated that she is concerned about the entire area. She pointed out that this is a residential area, but it has more of a commercial feel to it. She noted that the Bixby's have five service vehicles parked in their driveway. Duray asked Mr. Bixby how long he has been operating his business from his home. Bixby replied that he has operated the business from his house since he built it in 1980. The business has grown since it was begun. One of the property owners from the area agreed that the business has grown and felt it has reached the point where it should be located in a commercial area. Shelly Frison, Rose Lane property owner, pointed out that there have been parking problems on Rose Lane for a number of years. As a result of those problems, the City put limited the hours for on- street parking. Frison indicated that at times it is very difficult to get in and off Rose Lane because of these parking problems. Frison felt that the Planner's recommendation to allow the business to continue for one year was too long. The City Planner pointed out that trucks would be in the driveway at night and employees' vehicles in the driveway during the day. This should help the alleviate some of the on- street parking problems during the interim period he is recommending that the business be allowed to operate. Montour felt the on- street parking was somewhat of an enforcement issue. Duray asked if Mr. Bixby has had the correct perform for his business. The Zoning Administrator reported that no permit has been issued for the home occupation. The City received its first complaint in December of 1999 and the need for a home occupation permit was discussed with Mr. Bixby during January's monthly City Planner's hours. Page 107 MINUTES PLANNING COMMISSION MARCH 9, 2000 Barraclough pointed out the home occupation at the corner of Jackson Street and Lake Street. It was pointed out that overnight truck storage occurs inside a garage for this business. Frison asked Mr. Bixby his plans for the business. Bixby replied that he is currently looking for a commercial location. Barraclough indicated the Planner's recommendation that the permit be granted for one year, and suggested that the Commission would probably not extend that permit after the year is up. Keis asked Bixby how long he has had five trucks. Bixby replied that he added two trucks last year. The City Planner pointed out that Bixby is looking for commercial property and suggested that a couple of months would not be adequate time to find property, secure financing, and close on the purchase. Therefore, he is recommending the one year time period for the home occupation permit. The Planner suggested that with some management of the employees' vehicles, the business would be less intrusive for the neighborhood. Duray asked Bixby how he felt about the Planner's recommendation. Bixby felt it was fair. Keis again stated that the Commission would not look favorably on extending the one year time limit on the permit. Bixby indicated that he understood. Keis suggested a limitation on the number of trucks Bixby would be allowed to have during the year. Bixby indicated that he will not add a truck during that year and may even sell one. Bixby indicated that most of the cars parked on Rose Lane are not coming from his home but from other homes that are running businesses as well. The Zoning Administrator agreed that there has been an ongoing problem with on- street parking on Rose Lane. However, restricting Bixby's employees' vehicles to the driveway will help the problem. A property owner from the area asked what triggered the need for a home occupation permit. The City Planner indicated that there are two classes of home occupations. The first involves businesses with no non - resident employees and just home office space. These Page 108 MINUTES PLANNING COMMISSION MARCH 9, 2000 do not require permits. The second involved one or more employees as well as some other features, and these businesses require home occupation permits. Anyone can request a home occupation permit, the question is whether or not the permit will be approved and whether or not conditions will be attached to the permit. The Planner also pointed out that each home occupation is unique, therefore, there are no precedent issues involved with these permits. Mr. Barraclough recommended approval of the Special Use Permit for a home occupation for 2622 Jackson Street as requested by Scott Bixby subject to compliance with the recommendations of the City Planner and subject to a limitation of no more than six vehicles being stored on the property. Motion seconded by Knudsen. Motion carried 6 - 0. COUNTY The City Planner pointed out that the three properties located ROAD C just east of the coffee shop on County Road C are zoned B -3. PROPERTIES As part of the approval for the coffee shop, that particular property was rezoned to RB. The Planner further noted that these three properties are being used as residential. There are an additional four lots to the east on County Road C which are zoned R -1. The Planner indicated that at the time the coffee shop was rezoned, there was some discussion about rezoning the three properties to the east. The Planner noted that an RB zoning may be more sensitive to the surrounding R -1 uses in the area. Mr. Keis recommended that the Council call for a public hearing to consider the rezoning of the three lots east of the coffee shop on County Road C from B -3 to RB. Motion seconded by Montour. CABLE The Commission discussed the cable casting of their meetings, and CASTING OF it was their consensus that televising the meetings would result in PLANNING the loss of the informal, neighborly feel that the meetings have. COMMISSION MEETINGS Page 109 CITY OF LITTLE CANADA NOTICE OF HEARING ON VACATION OF ALLEYWAYS AND DAY AVENUE NOTICE IS HEREBY GIVEN that a hearing will be held before the City Council of Little Canada at the City Center on the 22nd day of March, 2000, at 7:30 p.m. to hear all persons present upon the proposed vacation of: Alleyway lying between Lots 1 through 6 on the south and Lots 25 through 30 on the north, Block 1, Bemis Heights; Alleyway lying between Lots 1 through 15 on the south and Lots 16 through 30 on the north, Block 2, Bemis Heights; Alleyway lying between Lots 1 through 15 on the south and Lots 16 through 30 on the north, Block 3, Bemis Heights; Alleyway lying between Lots 1 through 15 on the south and Lots 16 through 30 on the north, Block 4, Bemis Heights; Day Avenue lying between Park Street on the west and Sylvan Street on the east. Dated this 23`d day of February, 2000. Joel R. Hanson, City Administrator Page 110 LAKE stv2:17,-N. 4_,:11-1-1-1 I I int-I-Hr. 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Sor-r-sr an't 0,1 ZA, 5 Z 1 4 -5 I r -PROMPRIMEMMIIM 0111•11MMIIIIIMMairegeser '-'-'"••■••1111hignia•P` 15 43112 1 it 10 I z I a.. iv 'r 0 1914 FrriT 71777-17 IG 17113115 20 21 22 23 24 251 24 27 28 29 30 VL.1.0.1111.1natIMMININOI altInIMINF IMMINIMMUMMOIMPr 115114113112_1/0 I /0 9 et 2. i --.... 1 16 1 1 I I ( I 1 I 1 I i 1:s ,20uc, it,98 51 7 VACATEn.,.. . 12-19-1974 ,a1 2.4 251 2.6 27 28 7.9 30 0111.01111. IIIIMIMMI1111111Leunear,.' Go I Co. 30 se i's 114 IN lit 11 I io 9 1 g 17 6 tase LL,1„1: 'J54137 t -0 a t•-•■■■ a ••■■•■•■•■■ 3 4 5 I N DEPENOEts. 10 Page 111 1/4, (Ty. 440 . se a • CITY OF LITTLE CANADA RESOLUTION VACATING ALLEYWAYS AND DAY AVENUE WHEREAS, The City Council of Little Canada has determined to vacate the following: Alleyway lying between Lots 1 through 6 on the south and Lots 25 through 30 on the north, Block 1, Bemis Heights; Alleyway lying between Lots 1 through 15 on the south and Lots 16 through 30 on the north, Block 2, Bemis Heights; Alleyway lying between Lots 1 through 15 on the south and Lots 16 through 30 on the north, Block 3, Bemis Heights; Alleyway lying between Lots 1 through 15 on the south and Lots 16 through 30 on the north, Block 4, Bemis Heights; Day Avenue lying between Park Street on the west and Sylvan Street on the east. AND WHEREAS, A public hearing was held on March 22, 2000 before the City Council in the City Center after due published and posted notice had been given by the City Administrator, a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; AND WHEREAS, Any person, corporation, or city owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; AND WHEREAS, It appears that it will be in the best interest of the City to vacate such alleyways and Day Avenue; AND WHEREAS, Four -fifths of all members of the City Council concur in this resolution; NOW, THEREFORE, BE IT RESOLVED, that the property as described below is hereby vacated: Page 112 Alleyway lying between Lots 1 through 6 on the south and Lots 25 through 30 on the north, Block 1, Bemis Heights; Alleyway lying between Lots 1 through 15 on the south and Lots 16 through 30 on the north, Block 2, Bemis Heights; Alleyway lying between Lots 1 through 15 on the south and Lots 16 through 30 on the north, Block 3, Bemis Heights; Alleyway lying between Lots 1 through 15 on the south and Lots 16 through 30 on the north, Block 4, Bemis Heights; Day Avenue lying between Park Street on the west and Sylvan Street on the east. Adopted by the Council this 22nd day of March, 2000. Attest: Approved: Michael I. Fahey, Mayor Joel R. Hanson, City Administrator Page 113 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 484 -2177 / FAX: (651) 484 -4538 Email: cityhall @ci.little - canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Greg Schroeder, Public Works Director DATE: March 16, 2000 RE: Vacation of Alleyways and Day Avenue MAYOR Michael L Fahey COUNCIL, Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson I have reviewed the areas to be vacated and have determined that the City does not have any sewer or water infrastructure located in these areas. Further, these areas do not appear needed for any future City infrastructure. It is, therefore, recommended that the Council vacate the alleyways and Day Avenue as proposed. Page 114 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 484 -2177 / FAX: (651) 484 -4538 Email: cityhall @ci.little- canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Deputy Clerk DATE: February 15, 2000 RE: Vacation of Alleyways and Day Avenue MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson As you will recall, at the time the Council approved a Conditional Use Permit for accessory garage space for Mark Graczyk, 30 Demont Avenue, the vacation of an alleyway easement through his property as well as additional alleyways and Day Avenue were discussed. At the time, the Council felt that a public hearing should be held to consider the vacation of these alleyways and Day Avenue. I informed Randy Graczyk, Terrace Heights Mobile Home Park, that the Council would likely call for a public hearing to consider these vacations. His initial thought is that there is no problem from their perspective with the vacations. However, Mr. Graczyk will be prepared to comment further at the public hearing. Staff recommends that the Council schedule a public hearing for Wednesday, March 22id,to consider the vacations outlined in the attached resolution. Page 115 MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 4538 Joel R. Hanson Email: cityhall@ci little - canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Deputy Clerk DATE: March 15, 2000 RE: Consumption & Display License — My Le Hoa Chinese Restaurant License Period — April 1, 2000 through March 31, 2001 My Le Hoa Chinese Restaurant has made application for renewal of their Consumption & Display License. All submittals are in order, and Sheriff's Department background checks are satisfactory. Staff would recommend approval of the renewal of this license. Page 116 Minnesota Department of Public Safety t ALCOHOL & GAMBLING ENFORCEMENT DIVISION Y 1' 444 Cedar St., Suite 133, St. Paul, MN 55101 -5133 (651) 296 -6439 TTY (651) 282 -6555 PERMIT `, . .. -.- DIVISION "gar- www.dps. state .mn.us /alcgatnb /alcgamb.html RENEWAL OF CONSUMPTION & DISPLAY Permit Fee $150 (Renewal Date: April 1) MAKE CHECKS PAYABLE TO: ALCOHOL & GAMBLING ENFORCEMENT 289 PUBLIC Hoi Yang Inc. My Le Hoa Chinese Restaurant 2900 Rice St #360 Little Canada, MN 55113 IF NAME AND ADDRESS SHOWN ARE NOT CORRECT,.] MAKE CHANGES BELOW p Policy Period Dp-OSI-f 9 -to D?-o -2.»o Worker's Comp Ins. Co. ( ,J &ttAS4(,L Policy No.0. 0- 00- /412//9 City /County where permit approved: Permit Name: Trade Name: Location address: City, State, ZIP Code: Business Phone: By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, bylaws, membership, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. A licant's si nature on this renewal confirms the followin : Failure to re ort an of the followin • will result in fines. 1. 2. 3. 4. 5. 6. Applicant (Signature City (Signature PS09097 Applicant confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. Applicant confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state of local). If a revocation has occurred, please give details on the back of this renewal, then sign below. Applicant confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. Applicant confirms that Workers Compensation insurance is in effect for the full license period. Applicant confirms, no club on -sale intoxicating liquor license is held, Applicant confirms business premises are separate from any other business establishment. Signature -ix, 71.915-144.---y, ,`. Date 3 — 41— eZ certifies all above information to 6e correct and permit has been approved by city /county.) Clerk/County Auditor Signature Date certifies that a consumption and display permit has been approved by the city (01/00) Page 117 /county as stated above.) Amount Received co Z t.UNJ 1 HU• I IUIV WIMIJALitH-MU V IJCH ttm 1 IUIV Z O O p z= U F z - W < = � z Z ^^z z - z V < Q o o❑❑ 0 M L Q H CG wwZ O H C Cfl U W q -'. .< a z `) 1H-�a H x H 44 H 0 H U a a 9 Fl a Fl 66� 0 W H H Hal a w co H U O cd wa n H ona w Z 0 O U 2 H po W 6 Ls.) 3 d Z < W � Fa Z Z O 4 0 V � W z E • U O z 2 U < H < < 7 to a zH W O 0 O cn ow z ww I-4 6 ul Up C In U H Ch vl woa O U F Z 0 O cc CONTRACT FOR: $265,389.00 CONTRACTOR'S APPLICATION FOR PAYMENT 0 C 'O T. p M h t'0 c 0 E _ p Yn a '0 8 < ‘taI- v _ H Z E s t0i c O ? 0 u C E ac O < U 265,389.00 CONTRACTOR :ELECTRIC SERVICE CO. OF MPLS, INC. n. u • " V L - n C u 3 >- V:CV) _ z� » » • 2. Net Change By Change Orders 3. 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Z CO H H 0 0 P. 0 0 CO __ E-I Z 1--4 0 PL4 0 LO 01 i-li 0 111 0 H 0 Ill 0 Ct■ Z H HI 0 0 ta. 0 0 PI -cC H •• cn -.04 0 H 0 ril • 41 , Z CD H P 0 41 01 c4 0 H 0 , 0 EA 0 H CO CO cn 0 F-.4 0 Z 41 41 0 H > CO 41 0 • .". < -•q .-: ::_.... i-z . ..4 • e., • rn • 0, • 0 - c.7 •ci 0) CS) 7 0 0 o Lt 0 c r. 0 0 0 0 0 0 0 0 Tr: 0 0 -17 0 1.; 0 c 1 r. rt. >9- % , L111LE UANADA BALLFIELDS /PIONEER PARK M r. C Du 0 O U 0 0 CONTINUATION SHEET < z a � u N O) W 0 O z « O 1D co 113,636.70 . -7.. `" < _ - ' O 4,470.00 ■ O O (:1 1 11) (1) iLl Vll ( ).l. 1Ii1110.151INV ( I:I.i : :i'IJ4∎10:) 'IV.IA M. n M 272,734.00 - v: } ..Z _ 7,- - v. 2 n N M 22,635.00 _ O 3 v 0._ r< • - =n a. 177,940.00 'J. 0 0 N M 277,204.00 _ Y _ Z . z z 0 H 0 o a P 0 0 0 f P Page 120 - _ N O) W 0 O 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 484 -2177 / FAX: (651) 484 -4538 Email: cityhall @ci.little- canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Joel R. Hanson, City Administrator DATE: March 14, 2000 MAYOR Michael I. Fahey COUNCIL Beverly Sealze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson RE: Community Development Block Grant Agreement & Promissory Note Goodyear Project Attached is the Community Development Block Grant Agreement and Promissory Note relative to the $95,000 loan at zero percent interest for the Goodyear project as previously discussed by the Council. Staff recommends approval as presented. Page 121 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT between THE RAMSEY COUNTY HOUSING and REDEVELOPMENT AUTHORITY A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA AND CITY OF LITTLE CANADA This agreement entered into this day of March, 2000, between the RAMSEY COUNTY HOUSING & REDEVELOPMENT AUTHORITY, a political subdivision of the State of Minnesota (hereinafter referred to as the "AUTHORITY "), and CITY OF LITTLE CANADA (hereinafter referred to as the "AGENCY "). RECITALS A. The AUTHORITY is an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub. L. 93 -383 as amended. and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (H.U.D.) at 24 C.F.R. Part 570; B. An Urban County Consortium has been established by a Joint Cooperation Agreement between the AUTHORITY and municipal corporations within Ramsey County, the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by H.U.D.; C. The AUTHORITY desires to have certain services performed by the AGENCY as described within this agreement, and as authorized by Resolutions of the Ramsey County Housing and Redevelopment Authority Board for the purpose of implementing eligible activities under the Act and H.U.D. regulations; Page 122 Little Canada Suh -recip agreement (14008) D. It is appropriate and mutually desirable that the AGENCY be designated by the AUTHORITY to undertake the aforementioned eligible activities, so long as the requirements of the Act, H.U.D. regulations, state law, and local law are adhered to, as provided for herein; E. The purpose of this Agreement is to provide for cooperation between the AUTHORITY and the AGENCY, as the parties in this agreement, in implementing such eligible activities in the manner described above; F. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota; G. The attached exhibits as listed below are hereby incorporated in this agreement and made a part hereof: The Application dated January 28, 2000. H. In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. PART 1. GENERAL CONDITIONS 1. SCOPE OF AGREEMENT The Agreement between the parties shall consist of: the signature page; the general conditions; the federal, state, and local program requirements; the evaluation and record keeping requirements; Attachment A; each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. 2. SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate exhibit. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. 3. COMMENCEMENT AND TERMINATION OF PROJECTS Upon release of project related funds by H.U.D. pursuant to federal regulations, the AUTHORITY shall furnish the AGENCY with written notice to proceed. No work on the project shall occur prior to the notice to proceed without written approval from the page 123 Little Canada Sub -recip agreement (14008) AUTHORITY. Termination dates for individual projects shall be specified in the appropriate exhibits. The termination date may be changed through amendment of this Agreement. In general, a project is expected to be completed within 24 months from the date which the Agreement is executed. Projects which do not show substantial progress within the timespan specified in the application may be terminated at the sole discretion of the AUTHORITY upon 30 days written notice to the AGENCY. 4. ADMINISTRATION A. The AGENCY shall appoint a liaison person who shall be responsible for the overall administration of block grant funded project(s) and coordination with the AUTHORITY. The AGENCY shall also designate one or more representatives who shall be authorized to sign the monthly Voucher and Reporting Form. The names of the liaison persons and representatives shall be specified in the exhibits. B. For all agencies which are presently parties to Joint Cooperation Agreements with the AUTHORITY covering planning, distribution of funds, and program execution under the Act, the AGENCY remains subject to the provisions of such agreement. 5. COMPENSATION AND METHOD OF PAYMENT A. The AUTHORITY shall reimburse the AGENCY for the services specified in the exhibits in an amount not to exceed $95,000.00. Reimbursement shall be based on a Community Development Voucher and Reporting Form submitted with supporting documents and signed by the AGENCY's authorized representative. B. These funds shall be repaid to AUTHORITY by the AGENCY in accordance with the terms of a promissory note ( "NOTE ") of even date herewith, a copy of which is attached hereto and made a part hereof. C. In the event the AGENCY receives any Program Income it shall return it to the AUTHORITY within forty -five (45) days of receipt. 6. OPERATING BUDGET The AGENCY shall apply the funds received from the AUTHORITY under this Agreement in accordance with the requirements of the exhibit(s) attached hereto. 7. FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The AGENCY shall report all Program Income generated under this Agreement or generated through the project(s) funded under this Agreement. In the event the AGENCY receives any Program Income it shall, in the sole discretion of, and at the direction of at the AUTHORITY, either utilize it solely for the purposes set forth in this Agreement or return it to the AUTHORITY. At the end of the program year the Page 124 Little Canada Sub -recip agreement (14008) AUTHORITY may require remittance of all or part of any program income balances (including investments thereof) held by the AGENCY (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). B. The AUTHORITY makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. C. Should anticipated sources of revenue not become available to the AUTHORITY for use in the Community Development Block Program, the AUTHORITY shall immediately notify the AGENCY in writing and the AUTHORITY will be released from all contracted liability for that portion of the Agreement covered by funds not received by the AUTHORITY. 8. AMENDMENTS Either party may request modifications in the scope of services, terms, or conditions of this Agreement. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. 9. ASSIGNMENT AND SUBCONTRACTING A. The AGENCY shall not assign any portion of this Agreement without the written consent of the AUTHORITY, and it is further agreed that said consent must be sought by the AGENCY not less than fifteen (15) days prior to the date of any proposed assignment. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The AGENCY agrees that it is as fully responsible to the AUTHORITY for the acts and omissions of its subcontractors and of their employees as agents, as it is for the acts and omissions of its own employees and agents. 10. HOLD HARMLESS AND INDEMNIFICATION A. The AGENCY further agrees that it is financially responsible (liable) for any audit exception which occurs due to its negligence or failure to comply with the terms of the Agreement. B. The AGENCY and AUTHORITY mutually agree to hold harmless and defend each other, their officials, officers, employees, agents, representatives, customers, or invitees against any and all claims, lawsuits, damages, or lawsuits for damages arising from or allegedly arising from or related to the PROJECT, including but not limited page 125 Little Canada Sub-recip agreement (14008) to the AGENCY's or the AUTHORITY's acts, failure to act, or failure to perform its obligations hereunder. The AGENCY and AUTHORITY further agree to pay the costs of and /or reimburse each other, their officials, officers, employees, agents, representatives, customers, or invitees for any and all liability, costs, and expenses (including without limitation reasonable attorney's fees) incurred in connection therewith. Each party shall promptly notify the other of any claim made for any such damage or loss and afford that party and its counsel the opportunity to contest, compromise, or settle such claim. C. Nothing in this Agreement shall constitute a waiver by the AGENCY or AUTHORITY of any statutory limits or exceptions on liability. 11. INSURANCE A. AGENCY shall purchase and maintain such insurance as will protect it from claims which may arise out of, or result from, its operations related to this Agreement, whether such operations be by the AGENCY or by any subcontractor, or by anyone directly employed by them, or by anyone for whose acts any one of them may be liable. B. AGENCY shall secure the following coverages and comply with all provisions noted. Commercial General Liability Insurance $1,000,000 per occurrence $2,000,000 general aggregate $2,000,000 products /completed operations total limit $1,000,000 personal injury and advertising liability $ 5,000 medical payment per person $ 100,000 fire legal All policies are to be written as acceptable to the Ramsey County Risk Manager. Certificate of Insurance must indicate if the policy is issued on a claims -made or occurrence basis. If coverage is carried on a claims - made basis then: 1) The retroactive date shall be noted on the Certificate and shall be prior to or the day of the inception of the Agreement with the AUTHORITY; and 2) evidence of coverage shall be provided for three years beyond expiration of this Agreement. Coverage shall include contractual liability coverage either on a blanket or specific basis to cover this Agreement. AUTHORITY, its officials and employees, shall be listed as additional insured; a separation of insureds endorsement shall be provided to the benefit of the AUTHORITY. Coverage shall provide for deletion of the CCC exclusion or broad form property damage, and products and completed operations. Little Canada Sub -recip agreement (14008) Page 126 Automobile Insurance Coverage shall be provided for hired, non -owned and owned. Minimum limits of $1,000,000 combined single limit Workers' Compensation and Employers' Liability Workers' Compensation benefits shall be per Minnesota Statute Employers' Liability shall be $500,000 /$500,000 /$500,000 Other States Coverage Professional Liability Coverage (if applicable) Minimum Limit: $2,000,000 per claim Aggregate Limit: $4,000,000 This policy is to be written as acceptable to the Ramsey County Risk Manager. Certificate shall indicate if coverage is with an admitted or non - admitted carrier. Certificate of Insurance must indicate if the policy is issued on a claims -made or occurrence basis. If coverage is carried on a claims -made basis then: 1) The retroactive date shall be noted on the Certificate and shall be prior to or the day of the inception of the Agreement with the AUTHORITY, and 2) Evidence of coverage shall be provided for three years beyond expiration of this Agreement. AUTHORITY, its officials and employees shall be listed as additional insured; and a cross suits endorsement shall be provided to the benefit of the AUTHORITY. C. The above sub - paragraphs establish minimum insurance requirements, and it is the sole responsibility of AGENCY to purchase and maintain additional coverages as it may deem necessary in connection with this Agreement. D. AGENCY shall require and verify that any contractor, subcontractor, or independent contractor performing services for it related to this Agreement shall carry and keep in force the insurance coverages set forth in subsection B, above. E. The AGENCY shall not commence activities related to this Agreement until it has obtained the required insurance coverages and filed acceptable Certificate(s) of Insurance with the AUTHORITY. All Certificates of Page 127 Little Canada Sub -recip agreement (14008) Insurance shall: (i) provide that the insurance company give the AUTHORITY thirty (30) days prior written notice of cancellation, non - renewal, or any material changes in the policy; (ii) indicate if the policy is written with an admitted or non - admitted carrier; (iii) note Bests Rating for the insurer, which shall not be less than an A +; and (iv) include a certification by AGENCY's insurance agent that it carries Error and Omissions coverage. F. Copies of insurance policies shall be submitted to the AUTHORITY upon request, and may be required on an annual basis. 12. CONFLICT OF INTEREST A. Interest of Officers, Employees or Agents. No officer, employee, or agent of the AGENCY who exercises any functions or responsibilities in connection with the planning and carrying out of the Block Grant Program, or any other person who exercises any functions or responsibilities in connection with the Program, shall have any personal financial interest, direct or indirect, in this Agreement, and the AGENCY shall take appropriate steps to assure compliance. B. Interest of Subcontractor and Their Employees. The AGENCY agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provisions: The contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any financial interest, direct or indirect, in this contract. The contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The contractor further covenants that in the performance of this contract no person having any conflicting interest shall be employed. Any interest on the part of the contractor or his employees must be disclosed to the AGENCY and the AUTHORITY. 13. TERMINATION A. This Agreement is subject to termination upon thirty (30) days written notice by the AUTHORITY should: 1) The AGENCY mismanage or make improper or unlawful use of Agreement funds; 2) The AGENCY fail to comply with the terms and conditions expressed herein or the applicable federal, state, or county regulations and directives; Page 128 Little Canada Sub -recip agreement (14008) 3) The AGENCY fail to provide work or services expressed by this Agreement; or 4) The AGENCY fail to submit reports or submit incomplete or inaccurate reports in any material respect. B. This Agreement may be terminated by the AUTHORITY immediately upon the receipt by the AUTHORITY of notice of the loss of federal funding for the Community Development Block Grant Program or any project of the AGENCY. C. This Agreement is subject to termination upon thirty (30) days written notice by the AGENCY should: 1) The AUTHORITY fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or 2) Block Grant Funds become no longer available from the federal government or through the AUTHORITY. D. This agreement may be terminated by the parties, in whole or in part, under such terms and conditions as they may agree, subject to the provisions of paragraphs A, B, and C herein. E. Otherwise, this Agreement shall terminate on the latest termination date specified on the exhibit(s) attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement. F. Upon termination of this Agreement, any unexpended balance of Agreement funds shall remain in the Block Grant Fund. G. In the event that termination occurs under paragraph A(1) of this section, the AGENCY shall return to the AUTHORITY all funds which were expended in violation of the terms of this Agreement. PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS 1. PROGRAM ADMINISTRATION The AGENCY shall comply with the applicable uniform administrative requirements set forth at 24 C.F.R.§ 570.502. Page 129 Little Canada Sub -recip agreement (14008) 2. PROCUREMENT STANDARDS A. General. In awarding contracts pursuant to this Agreement, the AGENCY shall comply with all applicable requirements of local and state law for awarding contracts, including, but not limited to, procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the AGENCY shall comply with the requirements of the U.S. Office of Management and Budget Circular A -102, relating to bonding, insurance, and procurement standards, and with Executive Order 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations, 41 C.F.R. Part 60, regarding nondiscrimination bid conditions for projects over Ten Thousand and no /100 ($10,000.00) Dollars. Where federal standards differ from local or state standards, the stricter standards shall apply. The federal standard of Ten Thousand and no /100 ($10,000.00) Dollars for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten Thousand and no /100 ($10,000.00) Dollars. B. Construction. All contracts and subgrants for construction or repair shall include a provision for compliance with the Copeland "Anti- Kickback" Act, 18 U.S.C. § 874, as amended, and as supplemented in Department of Labor regulations, 29 C.F.R. Part 3. 3. ENVIRONMENTAL REVIEW A. National Environmental Policy Act. The AUTHORITY retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by H.U.D. Environmental Review Procedures (29 C.F.R. Part 58). The AUTHORITY may require the AGENCY to furnish data, information, and assistance for the AUTHORITY's review and assessment in determining whether an Environmental Impact Statement must be prepared. B. State Environmental Policy Act. Agencies which are branches of government under Minnesota law retain responsibility for fulfilling the requirements of the state law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota law, the AUTHORITY may require the AGENCY to furnish data, information, and assistance as necessary to enable the AUTHORITY to comply with the State Environmental Policy Act. C. Satisfaction of Environmental Requirements. Project execution under this Agreement by either the AUTHORITY or the AGENCY shall not proceed until all applicable requirements of the National and State Environmental Policy Acts have been satisfied. The AUTHORITY will not issue a written notice to proceed until all such requirements are met. Page 130 Little Canada Sub -rccip agreement (14008) 4. NON - DISCRIMINATION A. General. The AGENCY shall comply with all federal, state, and local laws prohibiting discrimination on the basis of age, sex, marital status, race, creed, color, national origin or the presence of any sensory, mental or physical handicap, or any other basis nor or hereafter prohibited by law as set forth at 24 C.F.R. § 570.601. B. Program Benefit. The AGENCY shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, color, sex, or national origin. C. Fair Housing. The AGENCY shall take necessary and appropriate actions to prevent discrimination in federal assisted housing and lending practices related to loans insured or guaranteed by the federal government. D. Employment. 1) In all solicitations under this Agreement, the AGENCY shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. 2) The AGENCY shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 3) To the greatest extent feasible, the AGENCY shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects (Section 3, Housing and Community Development Act of 1968, as amended) in accordance with the requirements of the Ramsey County Section 3 Plan. As appropriate, the Section 3 Clause, a copy of which is attached hereto as Attachment A and made a part hereof, shall be included in contracts between the AGENCY and contractors and subcontractors. E. Contractors and Suppliers 1) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap. Such practices include Page 131 Little Canada Sub -recip agreement (14008) upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. 2) All firms and organizations described above shall be required to submit to the AGENCY certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that certificates of compliance shall not be required from firms and organizations on contracts and /or yearly sales of less than $10,000. 3) To the greatest extent feasible, the AGENCY shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents. F. Notice 1) The AGENCY shall include the provisions of the appropriate subsections A, B, C, D, and E of this section in every contract or purchase order for goods and services under this Agreement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. 2) In advertising for employees, goods, or services for activities under this Agreement, the AGENCY shall utilize minority publications in addition to publications of general circulation. 5. LABOR STANDARDS The AGENCY shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 U.S.C. Sections 327 -333); provided that this section shall not apply to rehabilitation of residential property designed for residential use by fewer than eight families. A copy of the current Davis -Bacon wage rate must be included in all construction bid specifications and contracts over Two Thousand and no /100 ($2,000.00) Dollars. 6. PROPERTY MANAGEMENT A. The AGENCY agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Three Hundred and no /100 ($300.00) Dollars or more per item, is, upon its purchase or receipt, the property of the AUTHORITY and /or federal government. Final ownership and disposition of such property shall be determined under the provisions of U.S. Office of Management and Budget Circular Page 132 Little Canada Sub -recip agreement (14008) No. A -102. B. The AGENCY shall be responsible for all such property, including its care and maintenance. C. The AGENCY shall admit the AUTHORITY's property management officer to the AGENCY's premises for the purpose of marking such property, as appropriate, with AUTHORITY property tags. D. The AGENCY shall meet the following procedural requirements for all such property: 1) Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; and location, use and condition of the property. 2) A physical inventory of property shall be taken and the results reconciled with the property records at least once every two (2) years to verify the existence, current utilization, and continued need for the property. 3) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4) Adequate maintenance procedures shall be implemented to keep the property in good condition. 7. ACQUISITION AND RELOCATION A. Any acquisition of real property for any activity assisted under this Agreement which occurs on or after the date of the AUTHORITY's submission of its Block Grant application to H.U.D. shall comply with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42 U.S.C. §§ 4601 -4655) and the Regulations at 49 C.F.R. Part 24). B. Any displacement of persons, business, non - profit organizations or farms occurring on or after the date of the AUTHORITY's submission of its Block Grant application as the result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act and the Regulations at 49 C.F.R. Part 24. The AGENCY shall comply with the regulations pertaining to costs of relocation and written policies, as specified by 24 C.F.R. Section 570.606. Page 133 Little Canada Sub -recip agreement (14008) 8. HISTORIC PRESERVATION The AGENCY shall meet the historic preservation requirements of Public Law 89 -665 and the Archaeological and Historic Preservation Act of 1974 (Pub. L. 93 -291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 C.F.R. Part 800. 9. ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 U.S.C. § 4151) and the Americans with Disabilities Act (42 U.S.C. § 12131). 10. ACTIVITIES FOR WHICH OTHER FEDERAL FUNDS MUST BE SOUGHT The AGENCY may use Community Development Block Grant funds for the provision of public services as described by 24 C.F.R. Section 570.201(e) provided that the AGENCY meets the requirements of and follows the procedures outlined in 24 C.F.R. Section 570.607. 11. NON - PARTICIPATION IN POLITICAL ACTIVITIES The AGENCY shall comply with the provisions of the Hatch Act (5 U.S.C. Ch. 15). 12. CONDITIONS FOR RELIGIOUS ORGANIZATIONS Where applicable, the conditions prescribed by H.U.D. for the use of CDBG funds by religious organizations shall be followed, and, if applicable, included in agreements between the AGENCY and contractors or sub - contractors. 13. NATIONAL FLOOD INSURANCE The AGENCY may not receive Community Development Block Grant funding for acquisition or construction in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93 -234) and the Regulations thereunder. The AGENCY shall comply with the Regulations at 24 C.F.R. Section 570.605. 14. AIR AND WATER POLLUTION The AGENCY shall comply with the provisions of the Clean Air Act, as amended (42 U.S.C. Section 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Sections 1251, et seq.) and the regulations issued thereunder. Page 134 Little Canada Sub -rccip agreement (14008) 15. LEAD -BASED PAINT POISONING The AGENCY shall comply with the H.U.D. Lead -Based Paint Regulations (24 C.F.R. Part 35) issued pursuant to the Lead -Based Poisoning Prevention Act (42 U.S.C. Sections 4831 et seq.) relating to the use of lead -based paint. 16. NON- SUBSTITUTION FOR LOCAL FUNDING The Block Grant funding made available under this Agreement shall not be utilized by the AGENCY to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 17. PUBLIC OWNERSHIP For agencies which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to grant the AUTHORITY a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly owned facilities and improvements. The AGENCY shall comply with current AUTHORITY policy regarding transfer of a property interest sufficient to meet the public ownership requirement. 18. PUBLIC INFORMATION If requested by the AUTHORITY, the AGENCY shall comply with the following: A. In all news releases and other public notices related to projects funded under this Agreement, the AGENCY shall include information identifying the source of funds as the Ramsey County Housing and Redevelopment Authority Community Development Block Grant Program. B. For all construction projects, the AGENCY shall erect a sign to AUTHORITY specifications at the construction site, identifying the source of funds. 19. REVERSION OF ASSETS The AGENCY shall transfer to the AUTHORITY any CDBG funds, including but not limited to project income, on hand at the time of expiration of this Agreement, or received thereafter, and any accounts receivable attributable to the use of CDBG funds. Any real property under the AGENCY's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: (i) Used to meet one of the national objectives in 24 C.F.R. Subpart C until five years after expiration of the agreement, or such longer period of time as determined appropriate by the AUTHORITY; or Page 135 Little Canada Sub -recip agreement (14008) (ii) Is disposed of in a manner which results in the AUTHORITY being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with (i) above. 20. PROHIBITED USE OF EXCESSIVE FORCE The AGENCY, if a unit of government, certifies by the execution of this Agreement that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 24 C.F.R. § 91.225(b)(5). 21. LOBBYING PROHIBITION The AGENCY certifies by the execution of this Agreement that it has adopted and is enforcing the following as required by 24 C.F.R. Part 87: 1) No federal appropriated funds have been paid or will be paid by, or on behalf of, the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the AGENCY shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3) The AGENCY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. PART III. EVALUATION AND RECORD KEEPING 1. EVALUATION Page 136 Little Canada Sub -rccip agreement (14008) The AGENCY agrees to participate with the AUTHORITY in any evaluation project or performance report, as designed by the AUTHORITY or the appropriate federal agency, and to make available all information required by any such evaluation process. 2. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this contract shall be subject at all times to inspection, review or audit by the AUTHORITY, federal or state officials so authorized by law during the performance of this contract during the period of retention specified in this Part III. The AGENCY, regardless of the amount of funds received from the AUTHORITY, shall obtain at its own expense an annual certified financial and compliance audit. All audits shall be submitted to the AUTHORITY within six months of the close of the AGENCY's fiscal year and shall be prepared by an independent auditor who meets the independence standards specified in the General Accounting Office's yellow book, "Government Auditing Standards ". The AGENCY shall submit a copy of the annual financial audited statements with the management compliance letter and the recipients response to the management letter, to the Director of Community Development within six months of the end of the AGENCY'S fiscal year. 3. RECORDS As required by H.U.D. Regulations, 24 C.F.R. Part 570, the AGENCY shall compile and maintain the following records: A. Financial Management. Such records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of U.S. Office of Management and Budget Circular A -102. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. B. Citizen Participation. Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded block grant projects. C. Relocation. Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload. Page 137 Little Canada Sub -rccip agreement (14008) D. Property Acquisition. AGENCY files must contain (a) invitation to owner to accompany appraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation, (d) written offer of just compensation, (e) all documents involving conveyance, (f) settlement cost reporting statement, and (g) notice to surrender possession premises. E. Equal Opportunity. The AGENCY shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Agreement. The AGENCY shall also maintain data which records its affirmative action in equal opportunity employment, and its good faith efforts to identify, train, and /or hire lower income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards. Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 C.F.R. 570.603. G. Such other records as may be required by the AUTHORITY and /or H.U.D. 4. RETENTION OF RECORDS Required records shall be retained for a period of three (3) years after termination of this Agreement, except as follows: (1) Records that are the subject of audit findings shall be retained for three (3) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained for three (3) years after its final disposition. 5. REPORTS The AGENCY shall submit reports as required by the AUTHORITY on a monthly and annual basis and also prior to project execution. AUTHORITY AGENCY By: By: Paul Kirkwold Joel Hanson Its: Ramsey County Manager Its: Administrator Dated: Dated: Page 138 Little Canada Sub -rccip agreement (14008) APPROVAL RECOMMENDED: Juc A. Karon, Director Community & Economic Development INSURANCE APPROVED: Ramsey County Risk Manager This Agreement Drafted By: The Office of the Ramsey County Attorney Saint Paul, Minnesota Little Canada Suh -recip a_rcement (14008) APPROVED AS TO FORM: Assistant Ramsey County Attorney Funds are Available: $ 1 t off),0 0 Fund No. f994 -ladod -9oo o— L10Z1y( -)fir, Budgeting and Accounting Page 139 SECTION 3 CLAUSE A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing & Urban Development and is subject to the requirements of Section 3 of the Housing & Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing & Urban Development set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice of advising the said labor organization or workers' representative of its commitments under this Section 3 clause and shall post copies of the notice inconspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing & Urban Development, 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. ATTACHMENT A Page 140 Little Canada Sub -recip agreement (14008) PROMISSORY NOTE $95,000.00 St. Paul, Minnesota Dated: March , 2000 1. FOR VALUE RECEIVED, City of Little Canada ( "MAKER ") promises to pay to the order of the Ramsey County Housing and Redevelopment Authority, a political subdivision of the State of Minnesota ( "AUTHORITY "), at its office at 250 Courthouse, St. Paul, Minnesota 55102, or at any other place that the holder of this Note subsequently designates, in writing, the principal sum of Ninety -five Thousand and 00 /100 Dollars ($95,000.00), or such lesser amount as the AUTHORITY actually advances to MAKER in accordance with the terms of that certain Loan Agreement between MAKER and the AUTHORITY bearing even date herewith, as the same may hereafter be amended from time to time (the "AGREEMENT ") together with interest on the unpaid principal balance, at the rate set forth in paragraph 3, below. 2. Interest shall not accrue hereunder upon disbursement of loan proceeds to MAKER. 3. MAKER will pay this loan in accordance with the following payment schedule: Four payments in the amount of Twenty -three Thousand, Seven Hundred Fifty and 00 /100 Dollars ($23,750.00) each to be made by MAKER on March 15, 2010, March 15, 2011, March 15, 2012, and March 15, 2013. Notwithstanding the foregoing, the full amount of unpaid principal on the NOTE shall be due and payable, if not sooner paid, on or before March 15, 2013. 4. MAKER shall have the right to fully or partially prepay this NOTE at any time without penalty. Any partial prepayment shall be applied to installments of principal in the inverse order of maturity. 5. This NOTE is issued under the terms and provisions of the AGREEMENT as the same may be amended from time to time. The holder of this NOTE is entitled to all of the benefits provided in the AGREEMENT, or referenced in the AGREEMENT, to which AGREEMENT reference is made for statement of the terms and conditions under which the indebtedness evidenced hereby was incurred and the EVENT(s) OF DEFAULT under which the due date of this NOTE may be accelerated. The provisions of the AGREEMENT are incorporated by reference herein with the same force and effect as are fully set forth herein. 6. MAKER waives presentment for payment, notice of nonpayment protest and notice of protest hereon and agrees to pay all costs of collection, including but not limited to, reasonable attorneys' fees, whether or not suit is commenced. 7. No delay on the part of the holder of this NOTE in the exercise of any power or right under this NOTE or under the AGREEMENT or any other instrument executed in connection therewith shall operate as a waiver thereof, nor shall a single or partial Little Canada Redevelopment Note (12068) Page 141 exercise of any power or right preclude other or further exercise thereof or exercise of any other power or right. 8. This NOTE shall be governed by, interpreted, construed and enforced in accordance with the laws of the State of Minnesota. The undersigned hereby consents to the jurisdiction of the State and Federal Courts located in the State of Minnesota in connection with any controversy related to this NOTE, waives any argument that venue in such forum is not convenient and agrees that any litigation instigated by MAKER against the AUTHORITY in connection with this NOTE, the AGREEMENT. or any document or instrument accruing payment of this NOTE shall be venued in either the District Courts of Ramsey County, Minnesota or the United States District Court for the District of Minnesota, Third Division. 9. Unless otherwise defined herein, capitalized terms shall have the meaning assigned to them under and pursuant to the terms of the AGREEMENT. Little Canada Redevelopment Note (12068) CITY OF LITTLE CANADA By: Joel Hanson Its: Administrator Page 142 MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: August 11, 1998 RE: Little Canada - County Road C Zoning FILE NO: 758.10 The City recently approved a rezoning on a single parcel of land at the northeast comer of County Road C and Rosewood Drive. The zoning designation for that parcel was changed from B -3, General Business to R -B, Residential Business Transition. A coffee shop is proposed for the site, combined with a second floor dwelling unit. Upon approving the rezoning and the development plans, the City Council directed the Planning Commission to consider the zoning pattern on the entire block. Surrounding this parcel is B -3 zoned commercial property to the west, R -1 zoned single family residential to the north, B -3 zoned residential dwellings to the east, and B -3 zoned commercial to the south. The three lots to the east of this parcel are being used in a non- conforming manner commercially zoned property occupied by single family dwellings. It has been suggested that an R -B, Residential Business Transition District would be appropriate for these three lots in an effort to blend the area's commercial and residential land uses and zoning patterns. Farther to the east on County Road C are four single family lots which are zoned R -1. The R -B zoning allows lower intensity residential uses, including single and two- family homes, with limited commercial uses or mixed uses by Conditional Use Permit. With the residential use being introduced on the "Coffee House" parcel, the mixed use flexibility allowed under the R -B zoning may be appropriate. This zoning would also remove the non - conforming label from the existing residential uses. 5775 WAYZATA BOULEVARD, JIS PARK, MINNESOTA 5541 6 Page 143 PHONE 6 1 2• 2-595-9337 Rezoning should be considered in light of the City's long -term land use objectives for this section of County Road C. Given the amount of land available on the north side of County Road 0, and the approval of the Coffee House project, a major commercial use of the !and currently zoned B -3 would not appear likely. Moreover, the City has expressed its interest in directly major commercial activities to the Rice Street/Little Canada Road area. As such, creating an expanded R -B District along County Road C, adjacent to the Rosewood Drive single family neighborhood, would appear to be an idea which is supported by the Comprehensive Plan. This matter will be discussed at the upcoming Planning Commission meeting. The Planning Commission should consider whether it would be appropriate to request that the City Council call for a public hearing on a rezoning in this area. cc: Kathy Glanzer Greg Schmidt Terry Maurer page 144 MINUTES PLANNING COMMISSION AUGUST 13, 1998 REZONING OF COUNTY ROAD C PROPER I I.ES COMP PLAN compliance with the recommendations of the Code Enforcement Officer as outlined in her memo dated August 6, 1998. Motion seconded by Montour. Motion carried 3 — 0. The Commission reviewed the City Planner's report dated August 11, 1998 regarding the concept of rezoning the County Road C properties which are zoned B -3 to RB. This matter resulted from the rezoning of 89 W. County Road C to RB so that a coffee shop could be developed on the site. The three properties immediately east of 89 W. County Road C are currently zoned B -3. The Commission discussed the fact that the coffee shop rezoning would not be finalized until the property is actually sold and the coffee shop developed. Should the sale not proceed, the property will remain zoned B- 3. As a result, it was the consensus of the Commission that the concept for rezoning the other three properties be tabled until the coffee shop rezoning is finalized. Montour moved to table discussion of the concept rezoning of County Road C properties from B -3 to R13 until finalization of the rezoning for 89 W. County Road C occurs. Motion seconded by Canon. Motion carried 3 — 0. The City Planner presented the Commission with some changes proposed to the City's Comprehensive Plan update. These changes are the result of Metropolitan Council review of the City's Comp Plan draft and address such issues as solar access, historical preservation, and aviation systems. The Planner reported that once the Planning Commission and City Council review and approve of the changes, a revised plan will be forwarded to the Met Council for approval. The plan will also be forwarded to neighboring jurisdictions for review and comment. It was the consensus of the Commission to table review of this item until the next meeting when the MI Commission can be present. It was noted that the final plan must be presented to the Met Council by year -end. Page 145 MINUTES PLANNING COMMISSION SEPTEMBER 10, 1998 REZONING: OF,COUNTY ROAD C PROPERTIES include language required by the Met Council relative to aviation, historical preservation, and solar access. The Planner indicated that he has received preliminary comment from the Met Council on the Comp Plan and it appears the review will be relatively smooth. The Planner asked for a recommendation from the Commission to send the Comp Plan to the City Council for adoption. Keis recommended that the City Planner submit the Comprehensive Plan to the City Council for adoption. Motion seconded by DeLanais. Motion carried 6 — 0. The City Planner noted that the rezoning of 89 West County Road C will not be finalized until the sale of the property is finalized. However, the the RB zoning for this site would be an appropriate zoning for the properties which are zoned 13-3 immediately to the east of 89 West County Road C. The Planner indicated that RB zoning would allow single and two- family dwellings as permitted uses, and some office, minor retail, and mixed use by Conditional Use Permit. The Planner indicated that rezoning these properties from 3-3 to RB will direct the land use plan. The Planner noted that under the current 3-3 zoning, one of the existing homes could be converted to a business which may not be a compatible use to the existing residential uses which would abut. The RB zoning will give the City control through the CUP process to ensure that the use is compatible with the area. It was noted that in addition to the B -3 zoned property along County Road C, the properties along Rosewood Drive are zoned R.-I. Knudsen felt that the RB zoning was a good transitional zoning for this particular area. Knudsen recommended that the City Council consider the rezoning of the County Road C properties from 13-3 to RB given the RB zoning appears to be a prudent transitional zoning for the area, but stating that the rezoning should be contingent upon finalizing the rezoning for 39 W. County Road C. Motion seconded by Barraciough. Motion carried 6 — 0. Page 146 MINUTES CITY COUNCIL SEPTEMBER 23, COMP PLAN UPDATE REZONING OF COUNTY ROAD C PROPERTIES TEMPORARY SIGN PERMIT — C1.FIES WEEK EXEMPTION FROM GAMBLING LICENSE — GOOD 1998 The City Planner indicated that he has forwarded a copy of the Comp Plan update to the Metropolitan Council for review. Once the City receives Met Council's comments, it can schedule a public hearing at which formal adoption of the Comp Plan would be considered. Scalze noted the comment under Item 5 regarding separation of motorized from non - motorized traffic on the City's trail system. Scalze indicated that none of the City's trails allow motorized vehicles. The City Planner indicated that he will make this amendment as well as some other housekeeping changes which have been pointed out by the City's staff. It was noted that this matter will be brought back to the Council once the Metropolitan Council's comments are received. The City Planner reviewed the Planning Commission's discussion regarding the finalization of the rezoning of 89 West County Road C prior to considering rezoning the remaining 3 -3 properties located on the north side of County Road C. The rezoning of 89 West County Road C will be finalized once the property sale is closed. Scalze noted that should these remaining properties be rezoned to RB, the City could end up with a string of duplexes along County Road C. The Council discussed the matter and it was their consensus to bring the issue back for discussion once the rezoning of 89 West County Road C is finalized. Mr. Pedersen introduced the following resolution and moved its adoption: RESOLUTION NO. 98 -9 -23I - APPROVING A TEMPORARY SIGN PERMIT FOR CITIES WEEKAND THE HISTORICAL SOCIETY GRAND OPENING AND WAIVING THE PERMIT FEE The foregoing resolution was duly seconded by Scalze. Ayes (5) Pedersen, Scalze, Morelan, LaValle, Fahey. Nays (0). Resolution declared adopted. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 98 -9 -232 - APPROVING AN APPLIC4TION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY Page 147 MINUTES PLANNING COMMISSION MARCH 9, 2000 COUNTY ROAD C PROPERTIES CABLE CASTING OF PLANNING COMMISSION MEETINGS do not require permits. The second involved one or more employees as well as some other features, and these businesses require home occupation permits. Anyone can request a home occupation permit, the question is whether or not the permit will be approved and whether or not conditions will be attached to the permit. The Planner also pointed out that each home occupation is unique, therefore, there are no precedent issues involved with these permits. Mr. Barraclough recommended approval of the Special Use Permit for a home occupation for 2622 Jackson Street as requested by Scott Bixby subject to compliance with the recommendations of the City Planner and subject to a limitation of no more than six vehicles being stored on the property. Motion seconded by Knudsen. Motion carried 6 - 0. The City Planner pointed out that the three properties located just east of the coffee shop on County Road C are zoned B -3. As part of the approval for the coffee shop, that particular property was rezoned to RB. The Planner further noted that these three properties are being used as residential. There are an additional four lots to the east on County Road C which are zoned R -1. The Planner indicated that at the time the coffee shop was rezoned, there was some discussion about rezoning the three properties to the east. The Planner noted that an RB zoning may be more sensitive to the surrounding R -1 uses in the area. Mr. Keis recommended that the Council call for a public hearing to consider the rezoning of the three lots east of the coffee shop on County Road C from B -3 to RB. Motion seconded by Montour. The Commission discussed the cable casting of their meetings, and it was their consensus that televising the meetings would result in the loss of the informal, neighborly feel that the meetings have. Page 148 e 9•t s, N e Page 149 r .j c - zr 1 0 0,�+ U n v 0 1125 �: �3 n 00000000 q , l , I , VO ul ,. t92 H tJ�J 0 ,g2) 0 J J J J J J J J �! • 0 0 0 0 0 0 0 o Howard R. Green Co CONSULTING ENGINEERS March 15, 2000 File: 805750J -0060 Honorable Mayor and City Council City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 -1633 RE: LITTLE CANADA ROAD AUTHORIZATION TO BID Dear Council Members: mpany Since Council direction was given on the design Road, we have been working to complete the final now nearing completion; therefore, at this point in City Council to proceed with the advertisement for and layout of the west end of Little Canada plans and specifications. The documents are time we are requesting authorization from the bids. Since this project is funded by Ramsey County and it is their intent to use County State Aid funds, it will be necessary for the documents to be reviewed by Ramsey County and the Mn /DOT Office of State Aid prior to the advertisement for bids. We anticipate that the County review and Mn /DOT review will be done by early April. Given Council direction to advertise for bids, we anticipate the first advertisement appearing the weekof April 3rd with a bid opening on Thursday, April 27th. This would allow bids to be presented to the City Council on May 10 and construction to begin later that month. We have been working with Michael Schroeder of the Hoisington Koegler Group with regard to the amenity package to be placed in the area along the roadway between the back of curb and the sidewalk. We plan to incorporate Mr. Schroeder's design in with the final plans and specifications prior to bidding, so that the amenities would be bid along with the street and utility improvements. If you have any questions regarding the plans and specifications, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:tw O: \PROJ \805750J \0060 \Itr 3 -15 -00 Council.doc page 150 1326 Energy Park Drive • St. Pat. 651/644 -9446 toll free 888/368 -4389 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS IMPROVEMENT NO. 96 -01 LITTLE CANADA ROAD WHEREAS, Pursuant to a resolution passed by the Council on February 9, 2000, the City Engineer has prepared plans and specifications for the improvement of Little Canada Road between Rice Street on the west and County Road C on the east and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be opened and that the bids will be received by the City Administrator until 2:00 p.m. on April 27, 2000, at which time they will be publicly opened in the Council Chambers of the City Center by the City Administrator and City Engineer, will then be tabulated, and will be considered by the Council at 7:30 p.m. on May 10, 2000 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for five (5) percent of the amount of such bid. Attest: Joel R. Hanson, City Administrator page 151 Michael I. Fahey, Mayor owarc R. Green CoTpany CONSULTING ENGINEERS March 15, 2000 File: 808250 -0060 Honorable Mayor and City Council City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 -1633 RE: COUNTRY DRIVE RIGHT TURN LANE Dear Council Members: As directed by the City.Council last fall, we have prepared plans and specifications for the addition of a right turn lane on Country Drive at Little Canada Road. Given the small size of the project and the time of year that the plan vas prepared last fall, the project did not proceed to bidding at that time. It was felt that the City could receive more competitive bids by combining the right turn lane improvement with a larger project. Now that Little Canada Road is ready to proceed to bidding, we would recommend that the Country Drive right turn lane be combined with that project and bid in the same package. Therefore, we are requesting authorization to advertise for bids for the Country Drive right turn lane with the Little Canada Road improvement. If you have any questions regarding this project, please call. Sincerely, Howard R. Green Company Terry J.1ilaurer, P.E. TJM:tw O: \PROJ\808250j \0060 \Itr 3 -15 -00 Council.do page 152 1326 Energy Park Drive • St. Paul, N /644 -9446 toll free 888/368 -4389 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS IMPROVEMENT NO. 99 -13 COUNTRY DRIVE RIGHT -TURN LANE WHEREAS, Pursuant to a resolution passed by the Council on August 25, 1999, the City Engineer has prepared plans and specifications for the improvement of Country Drive right -turn lane and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be opened and that the bids will be received by the City Administrator until 2:00 p.m. on April 27, 2000, at which time they will be publicly opened in the Council Chambers of the City Center by the City Administrator and City Engineer, will then be tabulated, and will be considered by the Council at 7:30 p.m. on May 10, 2000 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for five (5) percent of the amount of such bid. Attest: Joel R. Hanson, City Administrator page 153 Michael I. Fahey, Mayor owarc R. Green Co CONSULTING ENGINEERS March 17, 2000 File: 803950 -0325 Honorable Mayor and City Council City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 -1633 enpany RE: SIDEWALKS / TRAIL IMPROVEMENTS Dear Council Members: There are a number of sidewalk/trail improvements within the City's Capital Improvements Program scheduled for 2000. With the Little Canada Road Improvement project proceeding to bid shortly, this would be an ideal time to combine the smaller sidewalk/trail projects in an attempt to get a more competitive bid. Therefore, we are requesting authorization to proceed to bid with these projects by combining them with the Little Canada Road Improvement project. The sidewalk/trail projects in question are as follows: • Six -foot sidewalk on the west side of Lakeshore Avenue from County Road C to Australian Avenue. • Eight -foot wide bituminous trail along Centerville Road from the north end of the Fire Department property to Eli Road. This bituminous trail would also tie into the existing bituminous trail on the St. Paul Water Works property. • Construction of a 12 -foot wide bituminous trail suitable for carrying vehicle traffic from the Spooner Lake Park parking lot to the existing trail near the picnic shelter combined with replacement of the existing bituminous trail through the park with an 8 -foot bituminous trail. This trail generally runs from the St. Paul Water Works property on the southeast of the park to Centerville Road on the west end of the park. • Replacement of the existing 6 -foot wide trail around Aspen Pond with an 8 -foot wide bituminous trail. This project will likely include some additional items such as fabric underneath the trail to eliminate the damage that has been done by willow trees. If the City Council authorizes these projects to be advertised for bid along with the Little Canada Road, they would be tacked onto the end of the Little Canada Road plans and specifications. Each of these sidewalk/trail improvements would be bid separately so the City Council could review the bid prices for each component prior to the award of the entire project. 0: \PROJ \803950) \0325\Itr 3 -17 -00 Council 1326 Energy Park Drive • St. Paul, page 154 51/644 -9446 toll free 888/368 -4389 Honorable Mayor and City Council March 17, 2000 Page Two If you have any questions regarding this information, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:tw 0: \PROJ \803950J\0325 \Itr 3 -17 -00 Council.doc Page 155 MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 -4538 Joel R. Hanson Email: cityhall @ci.little - canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Deputy Clerk DATE: March 15, 2000 RE: Liquor License Fees During the fall of 1995, the City Council established the following liquor license fee schedule to run through the liquor license period which expires on June 30, 2000: 1996 -1997 1998 -1999 On -Sale Wine $200 $300 On -Sale Intoxicating $2,500 $2,750 On -Sale 3.2 $100 $100 Off -Sale 3.2 $100 $100 The following license fees are established by State Statute, and the City does not have the authority to exceed these maximums: Consumption & Display $300 On -Sale Sunday $200 Off -Sale Liquor $150 A public hearing is required in order to consider increasing liquor license fees. State Statute also requires 30 days notice of the public hearing. Therefore, if the Council wants to consider increasing liquor license fees, I would recommend that a public hearing be called for Wednesday, April 26'x', at 7:30 p.m. page 156 Arden Hills LIQUOR LICENSE FEE SURVEY Based on 1997 Municipal License & Permit Fee Survey Association of Metropolitan Municipalities On- SaleWine $2,000 or 1/2 on -sale fee, whichever is less Falcon Heights $2,000 Maplewood Roseville Shoreview Vadnais Heights $1,040 /up to 25 seats, $135 /each add. $2,760 max. On -Sale $3,300/ <2,000 sq. ft. $4,400/ >1,999 sq. ft. etc. $4,000 $5,750 $750 <75 seats $7,000 $1,500 >74 seats $1,000 $300 $4,000 $3,000 with training $2,500 — 2,000 sq. ft. $3,500 — 3,000 sq. ft. $4,500 — 4,000 sq. ft. $5,500 —> 4,000 sq. ft. Page 157 On -Sale 3.2 $120 $500 $177 $100 $150 $100 Off-Sale 3.2 $40 $150 $47 $30 $50 $20 ce� f 9 . 29a1/4 MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 484 -2177 / FAX: (651) 484 -4538 Joel R. Hanson Email: cityhall @ci.little- canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Joel R. Hanson, City Administrator DATE: March 13, 2000 RE: Joint Powers Agreement with the City of Vadnais Heights Attached is a proposed Joint Powers Agreement with the City of Vadnais Heights relative to the Twin Lake Pines Addition. The key components of this agreement are as follows: * Pratt Homes has agreed to donate $12,200 for future trail construction along Vadnais Blvd. This is their estimate of the costs they would have incurred within the subdivision to construct a path along Twin Lake Court. * Vadnais Heights has agreed to aggressively attack the installation of a looped water system to serve this area by the year 2001 to facilitate Little Canada's reconstruction of streets in the Twin Lake Road /Twin Lake Trail neighborhood. * Lots 1, 2, and 3 are in the City of Vadnais Heights and Vadnais Heights will have jurisdiction over these lots. The remaining lots are located in Little Canada with our City retaining jurisdiction. * Each municipality will bill the other's residents for its respective utilities. Even though this means property owners will get two bills, it will be easier in the long run given the different rate structures each city operates under. Should you have any questions regarding the Joint Powers Agreement, please contact me. I will be prepared to discuss the Agreement in detail at Wednesday's meeting. page 158 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA — CITY OF VADNAIS HEIGHTS Process for considering Twin Lake Pines Plat/Pratt Investment Co. A. PARTIES This Agreement is entered into pursuant to Minn. Stat. Section 471.59 between the City of Vadnais Heights (Vadnais Heights) and the City of Little Canada (Little Canada), both Minnesota municipal corporations within Ramsey County, Minnesota. B. RECITALS The owner of real property lying within Vadnais Heights and Little Canada is requesting subdivision approval for 14 lots and one outlot for the purpose of constructing 14 single family homes in a plat named Twin Lake Pines Addition (Exhibit A). The property is legally described as follows: All that part of Government Lot 4, Section 31, Township 30, Range 22, lying Southerly of Twin Lake Boulevard and Vadnais Boulevard as now laid out and constructed, and lying Easterly of the following described line, towit: Beginning at a point in the North Line of said Government Lot 4, distant 1501.82 feet easterly, measured along the North line of the Southeast 1/4 of said Section 31, from the Northwest corner of said Southeast 1/4; thence South 65° 38'21" East, a distance of 112.01 feet; thence South 39° 59'40" West to the shore line of Twin Lake and there terminating. Also all that part of the Northeast 1/4 of Section 31, Township 30, Range 22, lying Southerly of Twin Lake Boulevard and Vadnais Boulevard as now laid out and constructed, and lying Easterly of a Page 159 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA CITY OF VADNAIS HEIGHTS line bearing North 65° 38' 21" West from a point in the South line of said Northeast 1/4, distant 1501.82 feet Easterly, measured along said South line, from the Southwest corner of said Northeast 1/4. For purposes of the above description the South line of said Northeast 1/4 is assumed to bear North 89° 34' 37" East. This subdivision also creates the opportunity for Vadnais Heights and Little Canada to cooperate on other utility issues existing in this area that will be of mutual benefit. C. PURPOSE The purpose of this agreement is as follows: 1. To define the platting process that will be used by the municipalities in an effort to make the process more efficient for the landowner and ensure compliance with subdivision regulations of each municipality. 2. To define an agreement between the two municipalities that will require Vadnais Heights to study the feasibility of providing municipal water to the Twin Lake Pines addition and all other property in Little Canada lying North of Interstate 694. 3. To define the rights and obligations of Vadnais Heights and Little Canada relating to the construction, cost, maintenance and usage of Vadnais Heights' water in Little Canada and the use of Little Canada's sanitary sewer on Lots 1 through 3, Block 2, of the Twin Lake Pines Addition in Vadnais Heights. 4. To apportion real estate taxes generated by the subdivision between the two municipalities. Page 160 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA CITY OF VADNAIS HEIGHTS D. AGREEMENT Now, therefore, in consideration of the mutual undertakings herein expressed, Vadnais Heights and Little Canada agree as follows: 1. Platting Process Little Canada will review the plat pursuant to its zoning and subdivision ordinances and will include the following Vadnais Heights requirements in their approval: a. Lots 1 through 3, Block 2 of the plat shall meet Vadnais Heights Residential One District Zoning Requirements for single family dwellings, a copy of which is attached hereto as Exhibit B. b. All Vadnais Heights platting and dedication fees shall be paid in full to Vadnais Heights for Lots 1 through 3, Block 2 prior to Vadais Heights' approval and execution of the final plat. (These dedication fees include park and storm water dedication fees, etc.). c. Vadnais Heights and shall approve all driveways for Lots 1 through 3, Block 2, Twin Lake Pines Addition. d. All driveways in Little Canada's portion of the plat shall be located off of the proposed new street (Twin Lake Court). e. All public utilities to serve the plat shall be approved by both municipalities as described in this agreement prior to signing the final plat. f. Little Canada shall maintain street lights at the Twin Lake Court and Twin Lake Boulevard intersections, pursuant to its policies. g. Little Canada shall require the developer to make a cash deposit of $12,200 to be used to defray the costs of installing a roadside trail along Vadnais Boulevard from where it currently is located adjacent to the John Mitchell Preserve Addition and continuing to Twin Lake Boulevard. The plans, specifications, and installation of the trail shall meet with the approval of both municipalities and Ramsey County Public Works. Page 161 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA CITY OF VADNAIS HEIGHTS h. In the future, Little Canada agrees to assist Vadnais Heights in funding for the realignment of Twin Lake Boulevard at Vadnais Boulevard into a "T" intersection that will allow better visibility. The cost to Little Canada shall not exceed 25% of the total cost. Plans and specifications for the work to be undertaken shall require the approval of both municipalities and Ramsey County Department of Public Works before work may proceed. i. Little Canada agrees to require the maintenance of the pond in Outlot "A" of the Twin Lake Pines Addition through common ownership and restrictive covenants and according to Ramsey/Washington Metro Watershed and City of Little Canada standards. j. Little Canada will require all necessary agency permits be secured by the developer for utilities, storm water, driveway access, etc. k. Little Canada shall ensure the developer has reimbursed Vadnais Heights for any cost of its (Vadnais Heights) consultants to review the plat and utilities in this subdivision prior to its execution of the final plat. 1. The Vadnais Heights City Council shall review and approve the final plat prior to signing the final plat. m. Little Canada shall approve and monitor all erosion control measures for this plat. 2. Water Study a. Vadnais Heights has updated its municipal water system plan to determine system adequacy and future needs. As part of this study and by previous agreement. Little Canada has requested Vadnais Heights to consider serving all of Little Canada lying North of Interstate 694. b. Little Canada agrees to promptly pay Vadnais Heights for the share of this municipal water study, currently estimated at $2,700. page 162 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA CITY OF VADNAIS HEIGHTS Payment of the amount due shall be in accordance with the previous agreement between the two municipalities. (See Letter Attached as Exhibit C) 3. Construction, Maintenance and Usage of Water and Sewer Main a. Upon completion of the Vadnais Heights Water Study, Little Canada and Vadnais Heights shall promptly prepare a plan for construction and implementation of a looped water main to serve the Twin Lakes area of Little Canada and the Five Star Mobile Home Park. Vadnais Heights agrees to extend main to the property in Little Canada to allow service by July of 2001. Each municipality agrees to pay its proportionate share of costs for based upon benefiting area. It is further understood that each municipality will cooperate with the other to work out the final details of this arrangement. b. As the project proceeds, any public hearing(s) shall be held by each respective municipality as required. Design and oversight of the project shall be determined based on the best interests of both municipalities. Both municipalities shall also approve plans and specifications for the project. The project bidding and cost sharing/assessments shall be determined by mutual agreement of both municipalities. It is further understood that each municipality will cooperate with the other to work out the final details of this arrangement. c. In addition to any cost for municipal water main, Little Canada property owners shall pay all connection charges in effect for Vadnais Heights for acreage and units for oversizing, municipal wells, and storage as would be due for any property within Vadnais Heights. d. Little Canada shall provide sanitary sewer to Lots 1 through 3, Block 2, Twin Lake Pines Addition. Sanitary sewer shall be page 163 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA CITY OF VADNAIS HEIGHTS provided along Vadnais Boulevard in order to provide access for maintenance. In addition to cost for sanitary sewer main, Vadnais Heights property owners shall pay all Little Canada connection and permit fees in existence at the time of connection. Vadnais Heights shall collect at the time of building permit issuance, and then promptly reimburse Little Canada, prior to connection, for sanitary sewer Metropolitan Wastewater Services Division SAC fees. e. Any assessments to be levied in association with these utilities shall be the responsibility of each respective municipality in accordance with applicable policies and statutory requirements. 4. Tax Apportionment and Local Regulations a. Portions of four lots are located within Vadnais Heights and the remainder is located within Little Canada. For all municipal purposes such as property taxes, voting precincts, utilities, zoning, etc., the homes on Lots 1 through 3, Block 2 will be considered Vadnais Heights and the remainder of the lots and outlot A shall be considered to be in Little Canada. E. CONNECTION TO PROPERTY WITHIN LITTLE CANADA Connections to the water main will be done under the jurisdiction of Vadnais Heights and at the expense of the person connecting to the water main. A connection permit must be obtained from Vadnais Heights prior to connection. Vadnais Heights shall notify Little Canada each time a permit application is made. The manner of connection shall meet the requirements of Vadnais Heights and that of any other governmental subdivision having jurisdiction. All connection charges in effect for Vadnais Heights at the time of connection shall be collected by Vadnais Heights prior to issuing the connection permit. If the zoning or use of the property changes, new connection fees shall be charges based on Vadnais Heights current ordinances. page 164 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA CITY OF VADNAIS HEIGHTS F. OWNERSHIP AND MAINTENANCE OF CONSTRUCTED WATER AND SEWER MAINS Each municipality agrees to own and maintain the water and sewer main within its municipal boundaries at its expense. The City's may enter into maintenance agreements with each other or provide necessary easements. Vadnais Heights also agrees to allow Little Canada to make future connections to the water main but only after Vadnais Heights' review, approval and determination of any necessary cost for extension. G. WATER USE CHARGES 1. Little Canada residents will pay water use charges to Vadnais Heights in the same amount Vadnais Heights charges its municipal water users, including any late penalties and interest. 2. When Vadnais Heights increases or decreases its water rates to its residents, the same rates shall apply to Little Canada users of the Vadnais Heights system. 3. Vadnais Heights shall invoice any delinquent accounts to Little Canada by September ls` of each year for payment by Little Canada. Little Canada will then be responsible for collecting outstanding amounts from its residents. 4. Water meters for Little Canada users will be purchased by such users from Vandais Heights at the time of permit issuance. Vadnais Heights will read the meters and bill the users for water usage. Little Canada shall have the right to accompany Vadnais Heights water meter readers at any time. page 165 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA CTTY OF VADNAIS HEIGHTS H. SEWER USE CHARGES 1. Vadnais Heights residents will pay sewer use charges to Little Canada in the same amount Little Canada charges its municipal sewer users, including any late penalties and interest. 2. Vadnais Heights shall furnish its quarterly water meter readings to Little Canada within five days of the reading to enable Little Canada to bill Vadnais Heights residents for sewer usage. 3. When Little Canada increases or decreases its sewer rates to its residents, the same rates shall apply to Vadnais Heights users of the Little Canada system. 4. Little Canada shall invoice any delinquent accounts to Vadnais Heights by September 1st of each year for payment by Vadnais Heights. Vadnais Heights will then be responsible for collecting outstanding amounts from its residents. ARBITRATION Any dispute under this Agreement shall be arbitrated by Little Canada and Vadnais Heights under the auspices of the American Arbitration Association. It is understood that each party will bear its own respective costs resulting from these proceedings. It is further understood that each party shall be responsible for one- half of the costs imposed by the American Arbitration Association. J. DURATION OF AGREEMENT This Agreement shall continue for an indefinite term and as long as Vadnais Heights continues to provide water to that portion of Little Canada that will be served as a result of the construction of the water main which is the subject matter of this Agreement and Little Canada provides sanitary sewer to Lots 1 through 3, Block 2, Twin Lake Pines Addition. page 166 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA CITY OF VADNAIS HEIGHTS K. SUCCESSORS BOUND. This Agreement shall be binding upon and inure to the benefit of any successor governmental subdivision of the parties, or any governmental subdivision that assumes ownership of the municipal water system in Vadnais Heights or the sanitary sewer system in Little Canada. The remainder of this page is intentionally left blank. Page 167 JOINT POWERS AGREEMENT CITY OF LITTLE CANADA CITY OF VADNAIS HEIGHTS IN WITNESS WHEREOF, Little Canada and Vadnais Heights have caused this Agreement to be executed by authority of their respective city councils and have caused their corporate seals to be affixed. Pursuant to Council authorization granted at Council meeting held on the day of , 2000. CITY OF LITTLE CANADA BY: (SEAL) Michael I. Fahey, Mayor BY: Joel R. Hanson, City Administrator Pursuant to Council authorization granted at Council meeting held on the day of , 2000. (SEAL) L \city admin \council agenda \jpatwinlakepines.doc CITY OF VADNAIS HEIGHTS BY: Susan L. Banovetz, Mayor BY: Gerald J. Urban, City Administrator page 168 EXHIBIT A ; 2 ® - -- t »^ ,,,;,,, .\ \ /Rn9R ! / / j /§ / § \\R zth X22 /e ca page 169 62 2 % ƒ / ,! 3 \ May 18, 1999 Mr. Gerald Urban City of Vadnais Heights 687 East County Road F Vadnais Heights, MN 55127 -7099 Dear Mr. Urban: EXHIBIT C '1EA CANE X0 CZYTER. 57: PALL. AW:517Q 65f .50-•T00 BOO 3t-N2OS5 • ENGINE✓i1NO • ENVIRONMENTAL • MANSPORTAT7CN RE: Vadnais Heights, Minnesota Water System Plan Update SEE No. A- VADNA9911.O0 This Ietter is in regard to the April 23, 1999 lett= to the Mayor, Honorable Susan Banovetz, from the Mayor of the City of Little Canaria Honorable Michael L Fahey. In his letter. Mayor Fahey advised that the City of Little Canaria would support the extension of the Vadnais Heights water system to serve the residents of Little Canada in the Twin Lakes area. He requests that this portion of Little Canada be included in the Study for the Water System for Vadnais Heights. If a looped system through this area is feasible from a physical and finanriai standpoint, the City of Little Canada is prepared to initiate the public improvrmMr process with their residents. Following is a breakdown of costs to include this portion of Little Canaria in the Comprehensive Water Study. Work Task Atnotmt 1. Hydraulic Analysis of Distribution System. $1.700 Description Hours Chem Manager Project Manager 3 Project Engineer 10 Technician 4 Word Processor 1 2. Storage Requirements including Fire Plows Description Hours Client Manager 1 Project Manager 2 Projern Engineer 2 Technician 1 Word Fronts. 0 $550 3_ Water Quality Analysis and Treatment AIteaatives 50 sb+CRTELUOTr H 1VtP1acSCN INC. MIfinear S.AW StCOUA. MN C711PFEYA FALL% M M4015tM M LAKE COUNTY. IN EOUM. CFPOArrLWJY'E34i.0YE } t page 170 Mr. Gerald Urban May 13, 1999 Page 2 4. Emergency Planning 5. Water Conservation Planning Description Hours Client Manager 1 Project Manger 1 Project Engineer 2 Technician 0 WotdProcessor 1 so 5450 Total Items 1 through 5 $2,700 This letter and the Agreement for Professional Services dated Iannncy 1,1999 along with Exhibits A-2, B, C -1, and D represent the entire understanding between the City and SEH in respect of this wore and may only be modified in writing signed by both parties. If this Supplemental Letter Agreement satisfactorily sets forth your understanding of our agreement, please sign the enclosed copy of this letter in the space pmvided below and =tam it to us. While this portion of-Little Canada can be included in the Vadaxia R=ights modeling and storage t • ' it cannot be done first or as a separate entity. It must be done with the rest of the system so its impact on the hydraulic analysis is an inherent part of the modeling of the whole system. This would include the extended period simulation over a 24 to 48 hour time peuod as weiL Sincerely, Short Benddckson Inc. i7cridt D: td Haim, .E. Tames P. Norton, PI- Client Manager Manager, Water Department sah Enclosure Hp rojecatnAvadea etrit— r_n,is- Acc..rtcd 'this day of 1999 CITY OF VADNAIS HEIGHTS By Authotized Cirar Signature Page 171