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HomeMy WebLinkAbout10-10-2012 Council AgendaFLOOR AGENDA LITTLE CANADA CITY COUNCIL WEDNESDAY, OCTOBER 10, 2012 CALL TO ORDER — Regular Meeting — 7:30 p.m. Roll Call Approval of Minutes Announcements CONSENT AGENDA 1. Approval of the Vouchers 2. Appointment of Absentee Ballot Board & Election Judges for 11/6/12 General Election 3. Approval of 32nd Rider Agreement with St. Paul Water relative to Railroad Crossing STAFF & CONSULTANT REPORTS City Attorney 4. DAR & DAS Diversion Program City Administrator 5. Auto Uses Moratorium Issues 6. Approval of Transfer from General Fund to General Capital Improvement Fund 7. Employee Health Insurance Contribution & Opt Out Amount DEPARTMENT REPORTS Economic Development /City Council Public Safety /Gaming Public Works Building /Zoning /Code Enforcement Parks & Recreation Adjourn 7C/ zna% MAYOR 13111 13lesener COUNCIL Rick Montour John Reis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.cilittle-canada.mn.us MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Kathy Glanzer, City Clerk DATE: October 5, 2012 RE: Appointment of Election Judges & Absentee Ballot Board November 6, 2012 General Election Attached is a listing of Election Judges as well as members of the City's Absentee Ballot Board for the November 6, 2012 General Election in the City of Little Canada. City staff is recommending appointment of these Election Judges and the Absentee Ballot Board for the General Election, including authorizing the City Clerk to make any last minute appointments that might be necessary. CITY OF LITTLE CANADA ELECTION JUDGES GENERAL ELECTION - NOVEMBER 6, 2012 PRECINCT 1: (Roseville Area Middle School) 1. Joan Saiko 2682 Ryan Drive, 55119 2. Betty Davison 2589 Stark Street 3. Kay Rossez 203 Australian Ave. 4. Joan Certen 132 Demont #222 5. Linda Hutchinson 2540 Spruce Street 6. Sandy Ducharme 2437 Sunset Court 7. Kate Johnson 175 County B -2 #323 8. ClaraNeis 2287 Stephani Ct. 9. Jim Johnson 2241 Stephani Cir. 10. Dean Hedlund 655 Keller Parkway 11. Theresa Legato 2307 Stephanie Court PRECINCT 2: (Little Canada Elementary School) 1. 2. 3. 4. 5. 6. 7. Kathy Hanson 699 LaBore Road Joyce Frattalone 550 Schletty Drive Lucille Nadeau Bill Dircks Bev Jespersen Kay Johnson Joanne Paulson 8. Debra Sinna 9. Mary Lou Kostecki 10. Mary Clare Rieschl 11. Corrine Pearson 12. Linda Dircks 13. Sharon Hedlund 2669 Noel Drive 80 Twin Lake Blvd. 651 LaBore Road 2241 Stephani Cir. 2983 Greenbrier St. 2929 Payne Ave. 656 LaBore Road 2994 Sherry Court 2798 Jackson Street 80 Twin Lake Blvd 655 Keller Parkway PRECINCT 3: (Little Canada City Center) Florio Petersen 2581 McMenemy 484 -2656 Kusum Saxena 1996 Langton Lake Dr. #404, 55113 481 -9497 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 484 -5463 484 -6773 484 -6730 490 -3157 340 -1266 483 -6403 766 -6796 490 -9348 483 -3042 483 -5817 528 -6494 484 -8846 484 -9695 484 -4960 484 -7866 484 -5475 483 -3042 484 -9417 484 -5784 483 -2998 484 -3353 486 -2711 484 -7866 483 -5817 Jean Nelson Duane "Theisen Barbara Engstrom Mary Ann O'Kane JoAnn Facente Pat Frattalone Dale Pearson Karl Koch Janis Hess 120 Yorkton Ridge 3020 Rice Street, Lot B -17 670 Cty Rd B -2 90 LaBore Road 2559 Morrison Street 550 Schletty Drive 2798 Jackson Street 427 Preserve Court 2622 Edgerton Street ABSENTEE BALLOT BOARD Lisa Krieger Jessica Jagoe 1271 Burke Ave. E. 484 -3365 12752 Ferrara Ave 762 -2995 483 -2116 340 -3801 483 -5681 484 -5904 483 -2531 484 -9695 486 -2711 207 -4616 482 -1032 All Day All Day All Day All Day All Day All Day All Day All Day All Day 1:30 p.m. -Close 6 a.m. -1:30 p.m. All Day All Day 1:30 p.m. -Close 1:30 p.m. -Close 6 a.m. -1:30 p.m. 6 a.m. -1:30 p.m. All Day All Day All Day All Day All Day 6 a.m. -1:30 p.m. 1:30 p.m. -Close All Day All Day All Day 6 a.m. -1:30 p.m. 1:30 p.m. -Close All Day All Day All Day All Day 6 a.m. -1:30 p.m. 1:30 p.m. -Close IlitA1H( ii. fliS0(14ITLS Memo TAUT: NURTU TO: Honorable Mayor and City Council FROM: Lee Elfering, City Engineer DATE: October 4, 2012 RE: Waterworks 32 "a Rider Agreement Trail Railroad Crossing Project As Council is aware we have been working on completion of the Waterworks Railroad Trail crossing. The construction of the trail will be within the St. Paul Region Waterworks right -of -way that runs through the City and has been utilized for several of the City's trail extensions. As with the other segments of trail that are within the St. Paul Waterworks right -of -way, the City must execute a Rider to the original agreement with the Board of Water Commissioners of the City of Saint Paul for the trails construction and future maintenance. The attached 32 "d Rider, which has been approved by the Board of Water Commissioners of the City of Saint Paul, allows the City permission to access the Waterwork's property for the construction and maintenance of the Railroad Trail Crossing. As you are aware, the bidding of the Railroad Trail Crossing has been delayed until spring to maximize the potential for the most competitive bids. Therefore construction of the trail will not be until next year. However, approval from St. Paul water is necessary prior to its construction and we would recommend that City Council approve and execute this 32 14 Rider at this time. If approved the four (4) original copies of the Rider should be signed and returned to Brent Marsolek of St. Paul Regional Water Services Engineering Division for final processing. If you have any questions or concerns please feel free to call me at (763) 780 -0450 extension 3. 10062 Flanders Court NE — Blaine, MN 55449 — Ph; (763) 780 -0450 Fax (763) 780 -0452 z: \PROJ \120132E - WW Trail X -ing \0060 \Memo - 100412- (Waterworks Rider Agreementj.doc 1 Finance No. THIRTY - SECOND RIDER TO AGREEMENT THIS AGREEMENT, made this 11th day of September, 2012; by and between the BOARD OF WATER COMMISSIONERS OF' THE CITY OF SAINT PAUL ( "Board "), and the CITY OF LITTLE CANADA, County of Ramsey, State of Minnesota, ( "City "), being the Thirty - Second Rider to that certain Agreement made by and between the Board and the City the 13'x' day ofJuly, 1966, and by this reference incorporated herein and made part hereof and with the sane intent, purpose and effect as if said Agreement were set forth herein verbatim. WHEREAS, the Board is owner o1' a right -of -way, which varies in width between 100 feet and 170 feet, located in the South half of the SW quarter of Section 31, Township 30 North, Range 22 West, and in the North half of the NW quarter of Section 6, Township 29 North, Range 22 West, in Ramsey County, Minnesota, south of Blacktern Pond and west of Spruce Street in the city of Little Canada as depicted in Exhibit A, the "Premises " ;; and WHEREAS, the City desires to enter upon certain portions of said Premises to make surface grade modifications and to construct and maintain an 8 -foot wide hard surface trail; and WHEREAS, the Board is willing to grant said permission to the City consistent with the requirements and safety of the works of the Board. NOW, THEREFORE, BE IT AGREED, in consideration of the mutual promises and agreements of the parties hereto, that subject to all terms and conditions contained in said Agreement between the parties hereto made and entered into the 13th day ofJuly 1966, the Board hereby grants to the City permission to enter upon portions of said Premises and to there within install, maintain and carry out all Board approved operations in respect to the following and as indicated in Exhibit 13, attached hereto and incorporated herein by reference: .. . �..� , 1 V; \tinmeermg,C.I,bRIC,41. ` d30ARD\ A�; re�emen? > \t:IDgRa,itrieC'xrad.� t;.�?_ J9.1 �- i.c:oc;: 2 1. Permitted Activity Install and maintain an 8 -foot wide hard surface trail, as shown on attached Exhibit 13, and in accordance with City of Little Canada Water Works Trail Crossing Plans, as approved by Saint Paul Regional Water Services (SPRWS), incorporated herein by reference, copies of which are retained on file at the offices of the Board and City. 2. Conditions All work shall be performed in accordance with good engineering practices and in accordance with Exhibit A, attached hereto and incorporated herein, subject to approval by Board's Vadnais Supervisor. 3. Notification City or City's contractor shall notify Board's Vadnais Supervisor at least 48 hours in advance of permitted activity to schedule inspection and coordination of work. Board's Vadnais Supervisor may be reached between the hours of 8:00 a.m. and 4:00 p.m. at 651 -766 -4150. 4. Insurance Public liability insurance is required in minimum amounts of $500,000 for bodily injury or death to one person, $1,500,000 on account of any one accident and $1,500,000 for damages to or destruction of any property. This Agreement is made and executed pursuant to and under the authority of resolution number 111(o adopted by the Board of Water Commissioners of the City of Saint Paul on the 11 °i day of September 2012, and resolution adopted by the Council of the City of Little Canada on the clay of , 2012, copies of said resolutions being annexed hereto and by this reference made part hereof the same if set forth herein verbatim. V: \Engineering \CLERI CAI.\ BOARD \Agreements \R Ii)EiR\L.ittleCanada 032 09-11- I2.tiocx 2 3 IN WITNESS WHEREOF, the parties hereto have executed these presents in triplicate the day and year first above written. CITY OF LITTLE CANADA 13y Bill Blesener, Mayor By Joel Hanson, City Administrator BOARD OF WATER COMMISSIONERS APPROVED: OF THE CITY OF SAINT PAUL By_ Stephen P. Schneider, General Manager Matt Anfang, President Saint Paul Regional Water Services By Mollie Gagnelius, Secretary Approved as to form: By Lisa L. Veith Todd Hurley, Director Assistant City Attorney Office of Financial Services V:\ Engineering \CI. /ERICA L\ BOARD \A,greements \RID! \LittleCanada 032,_09- 11- 12_docx • . TIvir; ; .1 ! I 1 ! ITII 1. I..i-I.,. I'. I 1,. ,, .• 1 ,.,i. ,:,;•,..,1: ,....-„ii,p,„!„1„1,1,1 ;.,,,,:TT,I, T! %. . ■ .!"2 :•,l'i: 77-1 :±7 77-;-""'",-"Il.7, :17717 .17'1.7i. 1 i 1 ; 1 i 1' . • • . , ' • Alri! :• z" "I. i'Y -" ir 'TV • : ..... ." ""1 • • t ' .. , ' ;. ;2:1 ? q' ' ■c : • i I Pi i i., 5 . g ' . v • ,. • 4 1 . Id Blacktern Pond n ' •1 '','• li I' •• •• 1.1.-.1,1 ,, ,i ' ', ';‘,..% %; • ii.,-,•:•i=:.:2,7(.1 y • , ••,---1I y, ■ , ,,. „ ,.., .,,1 . ....„. , .1, ,:,•:,•' : % I • T.! T.Tt•-• • ' .1' • - • , PREMISES • ••-••• 44.• ;win 1■41i;;;IN,,,:oceco+7 • ,, t.• , 5 : . . • - •••• , : \ • •; • • \,, I ; . • *11'.; • ct. lo 5 1 11 \\. . • EXHIBIT A Raw Water Conduits Property Line Exhibit B page 1 of 2 6 bt n it 8! n Y - • ,i, • -- ,,,‘„, — '6 n..• •••• • .. ,„ — -- I .2. 1 1 i _ i 6 E.1' IT i I It? ; .. i'• :3.4 Ic•'" „.„,,.. ra ....... 4 .. . - .----- -•“' .Wd- .11' i1:t_. f - ' °"" ' <rf:' ,.. .. . '1,',,.::.• .:1:: . --- nl. -fa' it : t1 k .g i 1 q • A.-- - :• ::: ... '. , ipi '• d - ii 10g;;Iti: . .tiLHI.J.L . .: ; :1•:,:j` _ ,- .... ; ., *41triti v't s 4.0.;._.., ' —7--„:"1,11c1,..,::: lib4 ' -:',--::;:',Tini::- _ 1 , Av C _ Exhibit B page 1 of 2 6 Raw Water Conduits Property Line Exhibit B page 2 of 2 7 / ,/' tvfl i d w kJv / p R ! /V / � '% ,� 44 ... J !JV qq \ fry? fii e • ,,,J r , \ ■ / 's - - I i M a D% `( \\I i {j 'S Or tl t 1 --t- yiv- 1 11 Exhibit B page 2 of 2 7 BOARD OF WATER COMMISSIONERS RESOLUTION — GENERAL FORM No 7176 PRESENTED E NBY Bylcowski DATE September 11, 2012 WHEREAS, the Board of Water Commissioners is owner of rights -of -way located in the South half of the Southwest quarter of Section 31, Township 30 North, Range 22 West, and in the North half of the NW quarter of Section 6, Township 29 North, Range 22 West, Ramsey County, Minnesota, south of Blacktem Pond and west of Spruce Street in the city of Little Canada, (the "Premises "), said Premises containing the Board's two 90 -inch Vadnais Conduits; and WHEREAS, the City of Little Canada, having entered into an Agreement with the Board of Water Commissioners dated July 13, 1966, for the purposes of locating certain public works within the Board's rights -of -way in Ramsey County; and WHEREAS, the City of Little Canada desires to construct and maintain an 8 -foot wide hard surface trail within the Premises; and WHEREAS, staff has prepared a Thirty - Second Rider to that Agreement of July 13, 1966, which approves said construction and maintenance, sets forth the conditions of construction and access over the Premises and which protects the Board's rights, interests, and facilities; now, therefore, be it RESOLVED, that the Thirty - Second Rider to Agreement with the City of Little Canada is hereby approved in substantially the form submitted and that the proper officers of the Board are hereby authorized and directed to execute said Rider on behalf of the Board following approval of the assistant city attorney. Water Commissioners Yeas Bylcowski Nays Kleindl Adopted by the Board of Water Commissioners Rossbach September 11, 7012 Tolbert President Anfang In favor_' Opposed_ 0 8 AiyaiLL SECY. Kathy Glanzer Page 1 of 2 From: Joseph Kelly [jkelly @kellyandlemmons.com] Sent: Friday, October 05, 2012 9:26 AM To: Kathy Glanzer Cc: Joel Hanson Subject: Driving Diversion Program Attachments: DRIVING DIVERSION PROGRAM.doc; DDP Little Canada Agreement.doc; DDP Presentation LE_Attorneys.ppt Kathy, Attached, please find the Driving Diversion Program summary that I drafted. I have also attached the contract. that I will have to sign on behalf of the City. Please note that the City is held harmless in the event of any suit, there is no financial obligation on the city and only the prosecutor and sheriff's office are responsible for work to be done on the City's behalf under the contract, Additionally, since the police force is contracted and the prosecutor is contracted, there is literally no obligation upon the City. I have also attached a PowerPoint presentation from the Driving Diversion Program that may be useful. Please contact me at your convenience if you need any further information or have any questions. Very Respectfully, Joseph A. Kelly Attorney at Law Kelly & Lernmons, P.A. 200 Crossroads 7300 Hudson Boulevard North St. Paul, MN 55128 651 -224 -3781 651- 223 -8019 (FAX) 1 DRIVING DIVERSION PROGRAM Introduction The Driving Diversion Program (DDP) seeks to assist individuals who have been charged with driving after suspension/revocation (DAS or DAR) to earn back their valid license status through a supervised payment plan, a mandatory financial management and life skills course, and the issuance of a temporary diversion license. FCS and each participant create a monthly payment plan to pay off ALL existing unpaid fines and reinstatement fees that are affecting his /her driver's license status. Participants are given a valid DDP driver's license allowing them to legally drive while they are successfully enrolled in the DDP Failure to abide by the program's conditions, including monthly payment plan payments, valid insurance, and good driving conduct, will result in an immediate loss of the DDP license and the person will revert back to their original suspension or revocation status and potential prosecution on the original charge(s). Participation The DDP was not created to be a "clean slate" program. Many drivers simply will not qualify for the program'. The DDP focuses on drivers with a suspended or a revoked driver's license. A driver who is charged with DAS or DAR may be eligible to participate IF: 1. The offense occurred in one of the five participating pilot cities; 2. The case is still "pending" (i.e. the driver has NOT yet paid the fine amount for that citation and /or the offender has NOT yet pled guilty to that offense); and 3. The offender has a Class D driver's license. Ultimately, however, the prosecutor retains the discretion of whether an offender is admitted to the program. Drivers with the following driving status will 2 NOT qualify for the program: t. A driver with a Commercial Driver's License (CDT.); 2. A driver who was driving a conunercial vehicle at the time of' the offense; 3. A driver who is currently canceled OR is canceled as inimical to public safety UPS); 4, A driver who is currently suspended for failure to pay child support payments; 5. A driver who is currently revoked or has been revoked for: criminal vehicle operation (CVO), a controlled substance crime, fleeing police in a motor vehicle, or theft of motor vehicle; or 6. A driver who is suspended because a civil ,judgment has been docketed against his /her driver's license. 2 DRIVING DIVERSION PROGRAM SERVICES AGREEMENT FOR THE CITY OF LITTLE CANADA Contractual Agreement - This Agreement is made and entered into this day of , 2012, by and between the City of Little Canada, State of Minnesota, by and through its City Attorney's Office, ( "City ") and Diversion Solutions, LLC, of 415 Main Street, Red Wing, Minnesota 55066 -2398. 2. Purpose .., The purpose of this Agreement shall be to implement a Driving Diversion Pilot Program for the City as described on Exhibit A attached hereto (the "Program "). 3. Contract Terms - This Agreement shall be in force until June 30, 2013. Termination provisions of this Agreement are provided in Section 10. 4. Definitions: A. Participant — the individual who has enrolled in the Driving Diversion Program voluntarily as part of Cities diversion program or has otherwise been ordered by the Court to complete the program. 13. Restitution Recovery — Fines, reinstatement fees, and diversion fees payable by a Participant. C. Education Class Pees — The fee associated solely with the training classes the Participant attends as part of their diversion agreement. 5. City Duties — The following is needed for the implementation of the Program: A. Designated staff from the City Attorney's Office and Police Department (hereinafter collectively referred to as "Designees ") will assist Diversion Solutions in organizing and implementing the restitution program with court and law enforcement personnel. Designees will also provide guidance in publicizing the program to the community. 13. Designees will conduct, as needed, meetings with key Diversion Solutions staff to offer procedural guidance, evaluate program performance, and provide support and direction. C. The City Attorney's Office and the Police Department shall implement departmental policies that are consistent with the fulfillment of the terms of this Agreement. 6. Diversion Solutions Duties - Diversion Solutions will provide the following services to the City in a timely and efficient manner: : A. Operation and management of a driver's license diversion program for Participants who would otherwise be involved in the City legal system. 13. Perform daily operations and management of all clerical and accounting functions related to individual Participant files. C. Manage the collection and disbursement of Restitution Recovery Fees, Diversion Solutions Education Class Fees, and other fees as appropriate. 3 D. Provide necessary responses, correspondence, and follow -up of telephone inquiries to address issues or questions of Participants. E. Properly maintain all physical files, financial records, documentation, reports, computer files, etc. as required by law or requested by the City. P. Conduct classes designed to teach and provide meaningful information and lessons to Participants on licensure, criminal consequences, and other appropriate topics. G. Schedule and conduct all classes necessary for the program, which shall include but not be limited to development of curriculum, provision of appropriate materials, and provision of appropriate space /locations for the classes. H. Maintain and provide records to the City of eligible Participants, including payment of fees, records of attendance and successful completion or failure to attend the training session. 7. Program Operational Fees /Revenue: Participant Fees A. The fee for participation in the program will be payment of the Education Class Fee of $350.00, which is directly payable to Diversion Solutions by the Participant. B. Fee Division: For each Participant enrolled in the program, $100.00 of the Education Class Fee will be paid to City and $250.00 will be retained by Diversion Solutions. C. An additional fee of $20.00 will be assessed to a Participant who fails to appear at a designated education class and has to re- schedule. This fee will be assessed each time the Participant has to re- schedule. Rescheduling may occur up to three (3) times before referring the Participant to the City Attorney as failing to appear. All rescheduling fees shall be maintained by Diversion Solutions in full. S. Non - Compete — During the term of this agreement, the City shall not establish a competing program or any other similar program that addresses driver's License diversions. 9. City has no Financial Liability - It is understood and agreed by and between the parties that Diversion Solutions will bear all financial liability for all aspects of its operations under this Agreement. 10. Termination of this Agreement: A. This Agreement may be terminated at any time, without cause, by either party upon 30 days written notice to the authorized agent of the City or Diversion Solutions. 13. This Agreement may be immediately terminated by the City at any time if the City determines that Diversion Solutions is acting, or has acted at any time during the term of this Agreement, in violation of state or federal law, 11. Amendments or Material Modifications - All amendments or modifications to this Agreement must he in writing and approved by both parties. 12. No City Obligation - Diversion Solutions and Participants who participate in this program fully understand that the Program is a public service, and the City is held harmless and has no liability to make recovery or obligation to take criminal action against Participant(s). 13. Criminal Action — Full cancellation of the citation which supported participation in the diversion program is not guaranteed until successful completion of the entire program. Diversion Solutions acknowledges, and will advise all Participants that, the City Attorney's Office may reinstate the citation which brought the Participant(s) to the program if the Participant fails to participate or complete the program. 2 4 14. Hold Harmless and Indemnification: A. Diversion Solutions shall save and protect, hold harmless, indemnify and defend the City, its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from, or allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and /or negligent or willful acts or omissions of Diversion Solutions and its employees and agents, in the performance of this Agreement. 15. Independent Contractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer /employee between the parties. Diversion Solutions shall at all times remain an independent contractor with respect to the services to be provided under this agreement. 13. The City shall be exempt from payment of all unemployment insurance, FICA, retirement, life and medical insurance, and workers' compensation insurance for any and all of Diversion Solutions employees and agents. Payment of insurance premiums, tax withholding, and all other benefits are strictly Diversion Solutions' responsibility. 16. Subcontractor - Diversion Solutions shall not subcontract any portion of the work to be performed under this Agreement without prior written approval of City. Diversion Solutions reserves the right to assign this agreement with written City approval. 17. Data Practice - Diversion Solutions agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentially. Diversion Solutions will immediately report to the department head signing this agreement any request from a third party for information relating to this agreement. The City agrees to promptly respond to inquiries from Diversion Solutions concerning data request. DIVERSION SOLUTIONS agrees to hold the City, its officers and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 18. Cornuliance with the Law - Diversion Solutions agrees to abide by the requirements and regulations of The Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. C.363), the City Civil Rights Ordinance (Ch. 139), and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disabilities, religion, and with sexual harassment. The City agrees to promptly supply all necessary clarifications. Violation of any of the above can lead to the termination of this Agreement. 19. Entire Agreement - This entire Agreement supersedes any and all other Agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and contains all of the Agreements between the parties with respect to said matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or Agreements, oral or otherwise, have been made by either party which are not embodied herein, and that no other Agreements, statements, or promises not contained within this Agreement shall be valid or binding, All provisions contained within this Agreement shall be valid or binding. The laws of Minnesota and the United States of America shall govern all provisions within this Agreement. 3 5 20. Audits and Inspections - The City Attorney's office or designated representative or other governmental agency exercising regulatory function over the City's business activities, while exercising reasonable, non- disruptive procedures, may inspect Diversion Solutions records at any time. 2L Notice — Any notice to be given hereafter by either party to the other, shall be in writing and may be affected by personal delivery, or by registered mail, return receipt requested, addressed to the proper party, at the following addresses: City Attorney's Office Attn: City Attorney Diversion Solutions, LLC 415 Main Street Red Wing, MN 55066 Attn: Scott Adkisson 22. Insurance - Diversion Solutions and or its subcontractors agree to provide and maintain, at its own cost and at all times during its performance under this contract until completion of the work, such liability insurance coverage as is set forth below, and to otherwise comply with the provisions that follow: A. Workers' Compensation: Workers' Compensation insurance in compliance with all applicable statutes. 13. Auto Insurance —Owned and unowned C. General Liability: "Commercial General Liability Insurance" (Insurance Service Office policy form title), or equivalent policy form, providing coverage on an "occurrence," rather than on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily injury, property damage, personal injury,contractual liability (applying to this contract), Independent Contractors, and Products- Completed Operations Liability. Coverage for explosions, collapse and underground hazards shall not be included. Such a policy shall name the City as an additional insured thereunder, and shall apply on a primary basis with respect to any similar insurance maintained by the City, which other insurance of the City, if any, shall apply in excess of Diversion Solutions insurance and not contributed therewith. Diversion Solutions agrees to maintain Products - Complete Operations coverage on a continuing basis for a period of at least two years after date of completion Such Commercial General Liability insurance policy shall provide a combined single limit in the amount of at least $2,000,000 (two million) Each Occurrence, applying to liability for bodily injury and property damage, and a combined single limit of at least the same amount applying to liability for Personal Injury and Advertising Injury. Such minimum limits may be satisfied by the limit afforded under Firm's Commercial General Liability Insurance Policy, or by such Policy in combination with limits afforded by an Umbrella or Excess Liability Policy (or policies), provided that the coverage afforded under any such Umbrella or Excess Policy is at least in all material respects as broad as that afforded by the underlying Commercial Liability Policy, and further that the City is included as an additional insured thereunder. 4 6 Such Commercial General Liability Policy and thnbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such aggregated limits are not at any time during which such coverage is required to be maintained hereunder reduced to less than the required Each Occurrence limit stated above, and further, that the Umbrella or Excess Liability provides from the point that such aggregate limits in the underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause the firm total deductibles or retention for Each Occurrence to exceed $10,000. D. Professional Liability: Professional or "Error & Omissions" Liability Insurance in the amount of at least $1,000,000 Each Occurrence (or "Wrongful Act" or equivalent) and if applicable, Aggregate, covering Diversion Solutions Liability for negligent acts, errors, or omissions in the performance of professional services in connection with this Agreement. Diversion Solutions Professional Liability Insurance inay afford coverage on an occurrence basis or on a claims basis. It is, however, acknowledged and agreed by Diversion Solutions, that under claims-made coverage, changes in insurers or in insurance policy forms could result in the impairment of the liability insurance protection intended for the City hereunder. Diversion Solutions therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability Insurance coverage if such impairment of the protection for the City could result; and further, that it will exercise its right under any Extended Reporting Period ( "tail coverage ") or similar claims -made policy option if necessary or appropriate to avoiding impairment of such protection. Diversion Solutions further agrees that it will, throughout the entire period of 2 years, keep required coverage and for an additional period of two (2) years following completion of this agreement, immediately: (a) advise the City of' any intended or pending change in Professional Liability insurance or in policy forms, and provide the City with all pertinent information that the City may reasonably request to determine compliance with this paragraph; and (b) advise the City of any claims or threat of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of the City. IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first written above Diversion Solutions, LLC City of Little Canada 13y By (Scott Adkisson — President) (City Attorney ) 5 7 EXHIBIT A H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011- 2012) [H0387 -11 1.1 A bill for an act 1.2 relating to drivers' licenses; allowing counties to participate in driver's license 1.3 reinstatement diversion pilot program; extending diversion pilot program; 1.4 amending Laws 2009, chapter 59, article 3, section 4, as amended. 1.5 BE iT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Laws 2009, chapter 59, article 3, section 4, as amended by Laws 2010, 1.7 chapter 197, section 1, is amended to read: 1.8 Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM. 1.9 Subdivision 1. Establishment. An eligible city or City may establish a license 1.10 reinstatement diversion pilot program for holders of class D drivers' licenses who have 1.11 been charged with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but 1.12 have not yet entered a plea in the proceedings. An individual charged with driving 1.13 after revocation under Minnesota Statutes, section 171.24, subdivision 2, is eligible for 1.14 diversion only if the revocation was due to a violation of Minnesota Statutes, section 1.15 169.791; 169.797; 169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). 1.16 An individual who is a holder of a commercial driver's license or who has committed an 1.17 offense in a commercial motor vehicle is ineligible for participation in the diversion 1.18 pilot program. 1.19 Subd. 2. Eligible cities and counties. Each of the cities of Little Canada, Little Canada, South 1.20 Little Canada, West Little Canada, and Inver Grove Heights is eligible to establish the license 1.21 reinstatement diversion pilot program within its city. The commissioner of public safety 1.22 may permit other cities and counties to establish license reinstatement diversion pilot 1.23 programs within their cities respective jurisdictions. Section 1. 1 H.P. No. 387, 1st Engrossment - 87th Legislative Session (2011 -2012) X140387 -11 2.1 Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an 2.2 eligible city or City may contract with a third party to create and administer the 2.3 diversion program. 2.4 Subd. 4. Diversion of individual. A prosecutor for a participating city or City 2.5 may determine whether to accept an individual for diversion, and in doing so shall 2.6 consider: 2.7 (1) whether the individual has a record of driving without a valid license or other 2,8 criminal record, or has previously participated in a diversion program; 2.9 (2) the strength of the evidence against the individual, along with any mitigating 2.10 factors; and 2.11 (3) the apparent ability and willingness of the individual to participate in the 2.12 diversion program and comply with its requirements. 2.13 Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary, 2.14 the commissioner of public safety may issue a diversion driver's license to a person who 2.15 is a participant in a pilot program for diversion, following receipt of an application and 2.16 payment of: 2.17 (1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by 2.18 a participant whose driver's license has been suspended; 2.19 (2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, 2.20 paragraph (a), by a participant whose driver's license has been revoked under Minnesota 2.21 Statutes, section 169.791; 169.797; or 171.17, subdivision I, paragraph (a), clause (6); or 2.22 (3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, 2.23 paragraph (a), by a participant whose driver's license has been revoked under Minnesota 2.24 Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which 2.25 are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also 2.26 must be paid during the course of, and as a condition of, the diversion program. 2.27 The diversion driver's license may bear restrictions imposed by the commissioner suitable 2.28 to the licensee's driving ability or other 6restrictions applicable to the licensee as the 8 2.29 commissioner may determine to be appropriate to assure the safe operation of a motor 2.30 vehicle by the licensee. 2.31 (b) Payments by participants in the diversion program of the reinstatement fee and 2.32 surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be 2.33 applied first toward payment of the reinstatement fee, and after the reinstatement fee has 2,34 been fully paid, toward payment of the surcharge. Each payment that is applied toward 2.35 the reinstatement fee must be credited as provided in Minnesota Statutes, section 17129, 2.36 subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must Section 1. 2 H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011 -2012) 1H0387 -11 3.1 be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs 3.2 (c) and (d). After the reinstatement fee and surcharge are satisfied, the participant must 3.3 pay the program participation fee. 3.4 Subd. 6. Components of program. (a) At a minimum, the diversion program 3.5 must require individuals to: 3.6 (1) successfully attend and complete, at the individual's expense, educational classes 3.7 that provide, among other things, information on drivers' licensure; 3.8 (2) pay, according to a schedule approved by the prosecutor, all those required fees, 3.9 fines, and charges that affect the individual's driver's license status, including applicable 3.10 statutory license reinstatement fees and costs of participation in the program; 3.11 (3) comply with all traffic laws; and 3.12 (4) demonstrate compliance with vehicle insurance requirements. 3.13 (h) An individual who is accepted into the pilot program is eligible to apply for a 3.14 diversion driver's license. 3.15 Subd. 7. Termination of participation in diversion program. (a) An individual's 3.16 participation in the diversion program may terminate when: 3.17 (1) during participation in the program, the individual is guilty of a moving traffic 3.18 violation or failure to provide vehicle insurance; 3.19 (2) the third -party administrator of the diversion program informs the court and the 3.20 commissioner of public safety that the individual is no longer satisfying the conditions 3.21 of the diversion; or 3.22 (3) the third -party administrator informs the court, the prosecutor, and the 3.23 commissioner of public safety that the individual has met all conditions of the diversion 3.24 program, including, at a minimum, satisfactory fulfillment of the components in 3.25 subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline 3.26 to prosecute. 3.27 (b) Upon termination of an individual's participation in the diversion program, the 3.28 commissioner shall cancel the individual's diversion driver's license. 3.29 (c) The original charge against the individual of violation of Minnesota Statutes, 3.30 section 171.24, may be reinstated against an individual whose participation in the 3.31 diversion program terminates under paragraph (a), clause (1) or (2). 3.32 (d) The commissioner shall reinstate the driver's license of an individual whose 3.33 participation in the diversion program terminates under paragraph (a), clause (3). 3.34 Subd. 8. Report. (a) 13y February 1, 2011 2013, the commissioner of public 3.35 safety and each eligible city and City that participates in the diversion program shall 3,36 report to the legislative committees with jurisdiction over transportation and the judiciary Section 1. 3 H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011-2012)1H0387-11 4.1 concerning the results of the program. The report must be trade electronically and 4.2 available in print only upon request. The report trust include, without limitation, the 4.3 effect of the program on: 4.4 (I) recidivism rates for participants in the diversion pilot program; 4,5 (2) the number of unlicensed drivers who continue to drive in violation of Minnesota 4.6 Statutes, section 171.24; 4.7 (3) (2) payment of the fees and fines collected in 7the diversion pilot program to 9 4.8 cities, counties, and the state; 4.9 (4) (3) educational support provided to participants in the diversion pilot program; 4.10 and 4.11 (5) (4) the total number of participants in the diversion pilot program and the 4.12 number of participants who have terminated from the pilot program under subdivision 7, 4.13 paragraph (a), clauses (1) to (3). 4.14 (b) The report must include recommendations regarding the future of the program 4.15 and any necessary legislative changes. 4.16 Subd. 9. Sunset. A city or City participating in this pilot program may accept an 4.17 individual for diversion into the pilot program until June 30, 2011 2013. The third party 4.18 administering the diversion program may collect and disburse fees collected pursuant to 4.19 subdivision 6, paragraph (a), clause (2), through December 31, 2012 2014, at which time 4.20 the pilot program under this section expires. 4,21 EFFECTIVE DATE. This section is effective the day following final enactment. Section 1. 8 10 11 12 MINMMIZENir mated _U nor r-iczlztt- nut_ 09 b 0 0 r c 0 Bffi 0 0 0 CJ 0 0, c 0, 0 d9 s.m 0 c • w ® r 0 C4 0,11 o o o ce Q. 0 U ® 0 a E., ©.. ® 0 U 04 c4 CTS W W 05 > > 0 H 0- Z E E U LLl c-D N 2 z Lu L ct cn W W Z a) Lit 0 O CO on 4 as arnendei 13 11 0 a) as CD 'c EMS tf) a) 0 tgo M UMW MAIM O c c CT :DID N 0 :4= O C as Q > c O E 0 • O E (i3 L r) a] W 0 4-- ((3 0 W U a) L L a] o O 0 0 ci) 61L Q. as a) n O C as .Q .C) t as (n c a) E U O 0 a) to 0) O c 0 U c 0 a) (0 0 (1) a) D as (0 Q c a) E a (0 O rs) ;? C a) E as L al -:3 i C a) � (11 'w a) O .� D CT N CT a) L a) L (n L L a) a p (5 c Q t O 1 1 � 9g (�)� c U () yL Q E® 0D cis cD E pp � co u) 14 en 4) o t 0 0 1 0 0 Z CCS ,0 O ( CU D -0 LL CO 0 c 0 ii c 0 ,a 0 E 0 42 Male Grovc a 0) • iv s €• a. O 0) O a.) 15 What are we accomplishing ^ x, 1. Reduced recidivist on the street 2. Reduced recidivism at the court level 3. Tracking participants 4. Allowing offenders to be employable 5. Bringing income to the state and cities Payment on fines averages $47,000 per month Program fee $350 — Folded into the payment plan $100 to City /County from Orange Card 6. Does not have a fiscal note attached to itl "Aft costs for the program are paid by the participant" 7. Paid child support, judgments, Warrants "12 each cleared per month" 16 Et co 0 c0 vvsr `s ppi�pp 0 0 410 a 0 a 0 u4 4 M 1-2 cti 0 w ap� "N 44 b 0 15 r :4-+ 0 W 10 0 0 44 a �s5�z0 oo u1•. 44 c 0 11 0 a 17 in; y"a`., r_. ✓` .tt� ,7, c7' w' Z a3fr�cr'� $ l Y y S�"'1. � tTzii,:„ r f P l%t` . 4✓ x ` ;;; {�f�n�er� J� q ��'�c r*ft a n) c 0 a. 0 0 um 5 4- 4- as to a. 0 Set up your /Morn-labor Accept requirements (verbal y1 a �P nit waive', `e :'live ne 5 email signed waiver to DDP Sta hurl by • °r to enter tie program six 6 month auto or non-owner aut. 7S to enter tie r.:ro #Iran° b°ain a six ;et c u;: moat n`y payment w 0 as 0 ti. 0 0 v c 493 Ect a a 18 19 20 G 4) • am 0 O 10 10 0 10 44 0 0 10 v t z 0 a 0 a 0 4- 0) n 4) 0 a.- 740 ti Ada a al CD n wa- 0 4) c a arc 4) a a 4) C lle ar ., 10 a) O 10 1. 1-- 0 0 Q co U) rag 0 a C5 4... • 0 4 0) t 10 10 0 60 0 0 10 52 0 c t 10 10 4, 0 0 W en en N • 0) cn.P• a 0 0 U a1 as a en U) 0 21 r peratioi a E U 0 0 nut payment t 0 a u) 0 0 j 1'u-do-meths — must 10e Uet is; Warrants - must ae pati{ ub {c sa er 0 a a as 0 ® . filinitalteic ''r�r hard revocation is rlisA 0 0 22 PERFORMANCE New Traffic Cita :iort Program Fee - $350 Recidivist (FMRJ $100 paid to you tGGJY �t4 ;'4f Ttrniinated Average fines owed $1700 due to What's your percentage? Broken Payments Participants (PAR) in 1 >c { 17 %) compliance e Additional money paid 716 � p (77%) Judgments, Warrants, Child Support Participants Terminated After Class Attendance 23 0 a. o 0 a 0 Fl MEW LIMA a) 24 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 www.eLlittle-eanada.mn.us MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: October 4, 2012 RE: Auto Uses Moratorium Issues MAYOR B111 Blesencr COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss ADMINISTRATOR Joel R. Ranson Since the adoption of the moratorium involving auto related uses just over a week ago, we have had a few issues arise with potential businesses. Staff has informed potential applicants of the moratorium and our inability to process license applications or zoning modifications. However, some of these parties would like to discuss their concerns with the City Council. Here is a summary of each situation: Balta's Auto Towing Service was located in 3176 Ryan Lane (towing was not part of their business at this address). City Staff mistakenly granted them a salvage repair license without a CUP being issued for this property. The owner of the property (Russ Fischer) was informed of the need for a CUP, but due to repeated issues, the owner and Balta's reached an understanding that Balta's would leave the property. At his previous location (3176), staff documented fire code violations for painting indoors without an approved paint booth and parts storage outside of the building. Balta's has now moved to 3164 Ryan Lane (Lee Rossow's Building) and commenced operation. Towing has been added to their business. When staff learned that this business was planning on moving, we contacted Mr. Rossow on September 14°i and made him aware of the previous code violations and set up a face -to -face meeting with Lee on September 17th. At that time, we informed him of the need to make application for the necessary CUP's and have his new tenant obtain the necessary licenses. It should be noted that licenses are issued to operators at an address and therefore do not automatically transfer to a new location. No CUP or licenses were applied for. On October 3, I asked the Fire Marshal to check on 3164 to see if operations had commenced. He informed me they had and evidenced that by pictures attached. Mr. Rossow then called me and expressed his concern about not being able to have a good tenant rent a building that was set up for auto use. I reminded him of our previous discussion, explained the issues that lead to the moratorium, and suggested he attend Wednesday's meeting. He would like to discuss this situation with the City Council. 1 Dominic Carchedi contacted the city offices inquiring about various auto licenses (sales and repair). He was asked if he would be conducting outdoor sales and he said yes. Staff informed him that we have a limit on outdoor sales licenses and none are currently available. He was told about our indoor sales license. To obtain this license, he would need a site plan and an inspection by the Fire Marshal. Mr. Carchedi stated he didn't think the space at 182 Ryan Drive (space C) could accommodate indoor sales. He then said he could rent a space elsewhere (outside of Little Canada) to conduct the sales activity. On September 12th, the Fire Marshal was at 182 Ryan checking on the status of the tenant who was to be vacating space B when he noticed seven vehicles stored in front of space C. He also noticed repair work being conducted out of that space. He talked to the person working on site and this person contacted Mr. Carchedi. The Fire Marshal informed him no work could be done on site without a license and Mr. Carchedi said to ask the person working to leave. Later that day, he later came up to City Hall to talk about the needed license. We had run the plates of the vehicles on site and some of them had salvaged titles. We informed Mr. Carchedi that that requires a Salvage Repair license and that we were at the limit for those licenses as well. He then made application for a Major Repair license. Staff told him we would not issue that license until the site was brought into compliance by removing the vehicles that were being illegally stored there. On September 13th, I was called to meet Deputy Eastham at this property. I -Ie was aware that no one was to be operating out of Space C, but had heard wrenches falling on the floor. The doors to the space were closed and no one answered the door. I arrived and noted the vehicles still parked in unauthorized areas. There was also another party there who said he was trying to get his vehicle that was being repaired by the tenants of Space C. On September 15th, 1 stopped down at 182 Ryan to see if the tenant at Space B was vacating the property. Another party was in Space C and stated he was Mr. Carchedi's partner. 1 did not observe any work taking place, but vehicles were stored inside the space with some other repair equipment. I explained the licensing situation to him and he said Mr. Carchedi would get it resolved. On September 26th, the Council passed the moratorium ordinance. On September 28th, the Fire Marshal and Code Enforcement Officer met the building owner, Mr. Dave Evans at the site to review accepted uses for the property. Mr. Carchedi was present at this meeting and asked staff to inspect his leased space. They entered the space and the Fire Marshal noted the presence of paint fumes. The Fire Marshal was informed that nobody paints in that space and no one has been in the space for two weeks. The Fire Marshal also noticed that the cars that were in the building on September 12th were gone, but different vehicles were now occupying the space. Mr. Carchedi informed the Fire Marshal that he would be installing a paint booth in this space at which time the Fire Marshal said a number of codes would need to be complied with relative to the installation/use of a paint booth. On October 1", Mr. Carchedi called me and we discussed his need for a Salvage Repair license. IIe felt our code was intended to limit junk and the vehicles he would work on won't be junk. 1 pointed out that our code does not make that distinction and that my interpretation was if vehicles with a salvaged title are worked on, then a Salvage Repair license is needed. We discussed how salvage titles occur. 1 informed him that 1 had talked with Mark Peltier of the 2 State of Minnesota and was informed that salvaged titles occur when an insurance company makes payment of a damaged vehicle of at least 80% of value. On October 2 ", I visited the site to see if vehicles were still present. There were two vehicles on the site. One was in the fenced in area and one in the parking area. The one in the parking area is listed with a salvaged title. On October 4th, Mr. Carchedi urged me to issue his Major Repair license as his business associate feels they don't need salvage repair. I said that means they can't work on cars with salvaged title. He felt they could do that. Further complicating this issue is when we established the salvage license in a zoning ordinance rewrite in 2008, we had to classify some existing uses into various repair categories. Exact Auto was located at 182 Ryan Lane at that time and was granted a Salvage Repair license given the nature of their business. As a result, a CUP was not required essentially due to grandfathering provisions. Therefore, a continuation of use of a Salvage Repair seems reasonable. We now have one of those licenses available once Arnufulo discontinued his operation. but the moratorium prohibits the issuance of this license. Further, Mr. Carchedi did not apply for a Salvage license prior to the moratorium. He did however; apply for a Major Repair license before the moratorium. I have asked the City Attorney how this situation should be handled. I also asked him to attend Wednesday's meeting. Roger Stanke also called as T was typing this memo. He had a long -time tenant vacate the building and has been looking for a new one. A prospective tenant who does alignment work (no major repair as a hoist doesn't work in Roger's building due to ten foot ceilings) is interested in the space. He was surprised to learn of the moratorium and feels it severely hinders a property owner's ability to lease space. I told him staff is working on a letter that explains the basis of the moratorium and who is legally existing. Jimmy (not sure of business entity) — he has had a presence in the area, but has never been licensed through us. He came in this week and wanted a license for Salvage Repair and Sales at 182 Ryan — Suite B (formerly Arnufulo's operation that discontinued on September 16th). Here are some other attachments to assist in the review of this matter: > Moratorium Ordinance > I -1 Zoning Ordinance (note CUP's for auto sales, auto repair, and salvage repair) • Definition of Salvage Repair from our Zoning Ordinance • Statutory definitions of Salvage Vehicles • Carchedi Application • Correspondence from Mr. Carchedi related to his requested use cc: Roger Stanke Lee Rossow Dominic Carchedi Dave Evans Steve Grittman, City Planner 3 1 ■ City of Little Canada, Minnesota Ordinance No. 2012 -9 -733 AN ORDINANCE ESTABLISHING A TWELVE MONTH MORATORIUM WITHIN THE CITY OF LITTLE CANADA PROHIBITING THE APPLICATION FOR AND /OR THE ISSUANCE 01? LICENSES OR ZONING APPROVALS, AND /OR THE OPERATION OF NEW BUSINESS PREMISES FOR THE FOLLOWING USES: AUTOMOBILE REPAIR, MINOR; AUTOMOBILE REPAIR, MAJOR; AUTOMOBILE REPAIR, SALVAGE; NEW OR USED AUTOMOBILE SALES, INDOOR; NEW OR USED AUTOMOBILE SALES, OUTDOOR SALES LOTS; JUNKING OR SALVAGE OF AUTOMOBILES, AND /OR THE SALES OF USED PARTS FROM USED OR SALVAGE VEHICLES. The City Council of the City of Little Canada hereby ordains: Section 1. MORATORIUM ESTABLISHED (a) Preamble and Findings The City Council finds the following: (1) That the repair, salvage, and sale of motor vehicles in the City of Little Canada raises issues of public safety, land use, economic development, compliance with local ordinances, compliance with State of Minnesota vehicle title regulations, and other related ordinances and laws; and (2) The Council further finds that changes to the City's regulations are necessary to ensure that all applicable laws and ordinances are sufficient, enforced and complied with; and (3) The Council further finds that these changes will require study and analysis prior to enactment, and as such, the City adopts this interim moratorium ordinance to protect the planning process prior to consideration and adoption of revisions to the City's codes. (b) Moratorium Scope: Activities Prohibited (1) In accordance with the findings set forth in the Preamble to this ordinance and pursuant to the authority of Minnesota Statutes 462.355 (Subd. 4), there is hereby established a moratorium on the application for zoning permits, licenses, or other regulatory approvals for Automotive uses otherwise allowed and regulated by Chapters 6 803, 807, and 808 of the City Code, and by the following chapters of the Zoning Ordinance: 911.040.B; 911.040.C; 911.040.1; 912- A.040.L; 912- A.040.M; 912- A.040.N; 914.040.C; 914.040.D; 914.040.E; 914.040.1; 914.040.G; 914.040.H; 914.040.1; As well as any activity that would qualify as such a use within the City; And on the new development and use of property for such purposes. (2) During the period of the moratorium, applications for site and building plan approval, building permits, licenses, and other permits and approvals related to such activity shall not be accepted by the City; neither the City staff, Planning Commission nor the City Council shall consider or grant approval of any application required for such work; and no building permits or licenses for such work or activity shall be issued. (c) Applicability The moratorium shall be applicable to property throughout the City. (d) Exceptions The moratorium shall not apply to (1) business operations lawfully existing on the effective date of this ordinance that are found to be in compliance with all applicable laws, permits, licenses, and ordinances, or (2) any previously approved business which has received all necessary permits and approvals from the City prior to the effective date of this ordinance. (e) Penalties Any person, corporation, or other entity that operates an activity subject to this ordinance shall be guilty of a misdemeanor and shall be subject to any additional legal or equitable remedies available to the City. 7 Section 2. Effective Date. This ordinance shall take effect upon its adoption and publication, shall be effective for twelve (12) months from its effective date, and shall expire at that time unless further extended according to law, or terminated at a prior date by City Council resolution. ATTEST: el Hanson, Administrator AYES: 4 NAYS: 0 Richard Montour, Acting Mayor Adopted this 26th day of September, 2012 8 914. "I -1 ", LIGHT INDUSTRIAL DISTRICT 914.010. PURPOSE. The purpose of the "I-1", Light Industrial District is to provide for the establishment of warehousing and light or limited industrial development which because of the nature of the product or character of activity requires isolation form residential or commercial use. 914.020. PERMITTED USES. A. Offices, commercial and professional. B. Office - warehousing, as defined in this Ordinance. C. Office- showrooms, as defined in this Ordinance. D. Governmental and public utility buildings and structures. E. Essential services. P. Laboratories. G. The manufacturing, compounding, assembly, packaging, treatment, or storage of products and materials, unless expressly prohibited by this ordinance. II. Building contractor's shops. 1. Trade school. J. Adult Uses - Principal as regulated by Section 903.102 of this ordinance. 914.025. PROHIBITED USES. The following uses are prohibited in this zoning district as principal uses of property, notwithstanding any other provisions: A. The stockpiling and /or recycling of aggregate materials in cumulative supplies of more than twenty -five (25) cubic yards. B. Asphalt plants, concrete mix plants, or other aggregate materials processing. 914.030. PERMITTED ACCESSORY USES. A. One accessory commercial or business building or structure for a use accessory to the principal use, but such use shall not exceed sixty (60) percent of the gross floor space of Little Canada Zoning Ordinance I -1, Light Industrial District 914 -1 9 the principal use, provided such accessory building meets the building materials requirements of this Chapter in Section 914.060.B of this Ordinance. B. Off-street parking as regulated by Section 903.050 of this Ordinance. C. Off- street loading as regulated by Section 903.060 of this Ordinance. D. Public pedestrian trails (as defined by Section 902 of this Ordinance) but not public parks. E. Adult Uses - Accessory as regulated by Section 903.130 of this Ordinance. P. Parking for company trucks and trailers, limited to ten (10) percent of the rear yard only, provided that such parking is not located in the front yard or any side yard abutting a public right of way. G. Off-street truck and trailer loading, as allowed in Section 918.030.D ( "1 -P" District) of this Ordinance. H. Public pedestrian trails. 1. The stockpiling and /or recycling of aggregate materials in cumulative supplies of no more than twenty -five (25) cubic yards. If such activity is located outdoors, a Conditional Use Permit under Section 914.040.G. shall be required. 3. Temporary asphalt or concrete mix plants accessory to public road or bridge projects, or accessory to valid, active building permits issued by the City of Little Canada. 914.040. CONDITIONAL USES. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 921 of this Ordinance.) A. Commercial Planned Unit Development, as required by Section 923 of this Ordinance. B. Public regulated utility buildings, utility cabinets or infrastructure, and /or similar structures which are necessary for the health, safety, and general welfare of the community, provided that: 1. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. 2. Equipment is completely enclosed in a permanent structure with no outside storage. Adequate screening and landscaping from neighboring residential districts is provided in accordance with Section 903.020.G of this Ordinance. Little Canada Zoning Ordinance 1 -1, Light hidustrial District 914 -2 10 4. The provisions of Section 921.010.0 of this Ordinance are considered and satisfactorily met. C. Motor vehicles and recreational equipment sales (indoor) and garages accessory thereto. 1. The applicant has a minimum of five (5) vehicle display. 2. The structure and site must meet all requirements for applicable State of Minnesota licensing. 3. The subject property shall meet all applicable fire codes. 4. The provisions of Section 92I.010.0 of this Ordinance are considered and satisfactorily met. 5. The provisions of Section 921.010.0 of this Ordinance are considered and satisfactorily met. D. Motor vehicle sales lot, provided that: 1. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. 2. The entire sales lot and off - street parking area is paved. 3. Vehicles being displayed shall be in operable condition, and shall be licensed according to the State sales license held by the business owner on the premises. Any other vehicles shall be stored inside, or subject to an Interim Use Permit for Outdoor Storage as regulations by Section 914.045.A of this Ordinance. 4. A minimum of three hundred eighty (380) square feet of sales area per vehicle is provided, and no more than ten (10) vehicles may be displayed outdoors for sale at any time. 5. Adequate off - street parking and off - street loading in compliance with the requirements of Sections 903.050 and 903.060 of this Ordinance is provided. 6. A perimeter curb is provided around the sales /parking lot. 7. A strip of not less than five (5) feet adjacent to the public right -of -way shall be landscaped and screened in compliance with Section 903.020.G of this Ordinance. Landscape plans for the proposed development shall be submitted to and approved by the City Council and City staff. Little Canada Zoning Ordinance 1 -1, Light Industrial District 914 -3 11 8. Such use is not located within two hundred (200) feet of residentially zoned property. 9. No more than a total of two (2) motor vehicle sales lot licenses may be in full force at any one time in the B -2 and 13-3 Districts, nor may more than a total of four (4) such licenses be in force at any one time in the B -2, B -3, B -4, and 1 -1 Districts combined. 10. License shall be subject to an annual review. 11. The provisions of Section 921.010.0 of this Ordinance are considered and satisfactorily met, 13. Major Automobile Repair, provided that: Major Automobile Repair shall require a separate license, and such use shall demonstrate compliance with all terms of the licensing ordinance. 2. Parking of employee vehicles shall be in cotpliance with Section 903.050 of this Ordinance. 3. Customer vehicles waiting for repair shall be stored indoors, or shall be subject to a separate Conditional Use Permit for Outdoor Storage per the requirements of Section 914.045.A of this Ordinance. 4. There shall be no open outdoor storage of parts or clips of vehicles, except where expressly allowed by the Conditional Use Permit process, if available. 5. Waste or recyclable material shall be contained in a refuse container. All such containers shall be stored within a screened enclosure within the rear yard of the property. 6. No Major Automobile Repair use may occur in any building that is not in full compliance with applicable building and fire codes. 7. License shall be subject to annual review. 8. The provisions of Section 921.010.0 of this Ordinance are considered and satisfactorily met. F. Salvage Vehicle Repair, provided that: 1. Salvage Vehicle Repair, as defined by this ordinance, shall require a separate License, and such use shall demonstrate compliance with all terms of the licensing ordinance. Little Canada Zoning Ordinance 1 -1, Light Industrial District 914 -4 12 2. No more than four (4) licenses shall be in force in the City at any one time. 3. Parking of employee vehicles shall be in compliance with Section 903.050 of this Ordinance. 4. All materials waiting for disassembly, re- manufacture, repair and /or assembly shall be stored indoors, or shall be subject to a separate Conditional Use Permit for Outdoor Storage per the requirements of Section 914.045.A of this Ordinance. 5. There shall be no open outdoor storage of parts, clips of vehicles, partial vehicle bodies or frames, or any other component except where expressly allowed by the Conditional Use Permit process, if available. 6. Waste or recyclable material shall be contained in a refuse container. All such containers shall be stored within a screened enclosure within the rear yard of the property. 7. No Salvage Vehicle Repair use may occur in any building, or an any site, that is not in full compliance with applicable building and fire codes. 8. License shall be subject to an annual review. 9. The provisions of Section 921.010.0 of this Ordinance are considered and satisfactorily met. G. Open and Outdoor Storage as an accessory use, provided that: 1. The activity of outdoor storage shall require a separate business license issued by the City of Little Canada. 2. The storage area in question occupies an area no greater than sixty (60) percent of the gross square footage of the subject parcel. 3. The storage area shall not occupy any portion of' the yard between the front building line and the adjoining public street, or the side building line and public street on a corner lot. 4. The storage is utilized solely by those tenants of the principal building in an amount proportionate to each tenant's occupancy of said principal building. 5. The outdoor storage of equipment or materials, as defined by this Ordinance, must be capable of moving under its own power, stored on a trailer, stored within weather -proof containers, or other storage arrangements as approved by the City Council. Storage of any material directly on the ground when the dimensions of such item are less than three (3) feet in width, length, and height, shall be Little Canada Zoning Ordinance 1 -1, Light Industrial District 914 -5 13 prohibited wherever the City Council determines that reasonable alternatives exist consistent with this section. 6. When storage or shipping containers are utilized, the following regulations shall apply: a. Containers shall be those manufactured expressly for the purpose of storing and /or shipping materials. b. No container, for the purpose of this ordinance, shall be greater than forty (40) feet in length, eight (8) feet in width, or eight and one half (8.5) feet in height. c. No more than one (1) such container may be allowed for each seven thousand five hundred (7,500) square feet of lot area. d. Containers shall not be stacked or arranged to exceed the eight and one- half (8.5) foot height. e. Containers shall be painted to match or be complementary in color to the principal building, and shall be maintained to avoid rusting or other visible deterioration of the container. £ There shall be no storage of hazardous materials, as defined by the zoning ordinance Section 902 of this Ordinance, within any such container. 7. Outdoor storage areas must be kept in an orderly condition, permitting vehicular access to all materials or equipment. Lanes at least twenty (20) feet in width shall be required to meet this standard. No portion of the outdoor storage shall be more than fifty (50) feet from any access lane or other drive aisle, nor shall it block access to hydrants, fire sprinklers, or other fire - fighting equipment. Except for construction equipment which is stored or parked in its most compact condition, outdoor storage may not exceed eight (8) feet in height as measured from the ground on which it is located. 8. The storage area shall be fenced and fully screened from adjoining non - industrial property, park and trail areas, and public right of way. Where properly fenced and screened, outdoor storage may encroach into the required side or rear yard setback area. Gates may be excluded from this screening requirement as provided for in Section 903.020.0.6. 9. Screening shall consist of masonry walls or fencing constructed of wood or vinyl, as well as landscaping. Metal fencing may be used where landscaping provides a complete year -round screen and is irrigated to ensure survivability in compliance with Section 903.020.E (Fences) of this Ordinance. 10. Waste or recyclable material shall be contained in a refuse container. All such containers shall be stored within a screened enclosure within the rear yard of the property. Little Canada Zoning Ordinance 1 -1, Light Industrial District 914 -6 14 11. The storage area shall be paved with asphalt, concrete, or other material approved by the City Council. 12. The storage area shall not occupy any space required for conformity to the parking regulations of the Zoning Ordinance. 13. The property, including buildings and exterior site areas, shall comply with all applicable fire codes. 14. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residential uses, and shall be in compliance with Section 903.020.I of the Zoning Ordinance. 15. All other provisions and requirements as deemed necessary by the City Council. 16. The applicant complies with the provisions of Section 921 of the Zoning Ordinance. H. Minor Automobile Repair, provided that: 1. The applicant meets all requirements for Major Automobile Repair as listed in the I -1 Zoning District. The applicant meets all requirements for Minor Automobile Repair as listed in the B -2 Zoning District. 1. Outdoor Storage of Recreational Vehicles and Equipment, provided that: 1. The Recreational Vehicles(s) and /or Equipment are owned by the fee owner of the property in question. 2. The owner of the storage shall secure a license for the outdoor storage, and in every other way comply with each of the terms of Section 914.050.G. of this ordinance. 914.045. INTERIM USES (Requires an interim use permit based upon procedures set forth in and regulated by Section 921 of this Ordinance.) A. Off Site Outdoor Storage, provided that: 1. Off-site outdoor storage shall require a license in addition to any other business or outdoor storage license required by the City. Little Canada Zoning Ordinance 1 -1, Light Industrial District 914 -7 15 This interim use permit may not be utilized for the off-site storage of motor vehicles or parts of motor vehicles. 3. The owner of the storage material owns and operates a business (the "operator ") in Little Canada zoned I -1. 4. The location of the off -site storage is zoned 1 -1 (the "off -site location "). 5. The storage area meets all of the conditions for outdoor storage listed in Section 914.040.G as if it were accessory to the principal use on the subject parcel, with the exception of 914.040.G.4 of this Ordinance. 6. Both the operator's parcel and the off -site location are found to be in full compliance with all applicable zoning regulations at the time of application, and have had no history of zoning violations in the previous twelve (12) months. 7. The owner of the property and the owner of the storage material execute a development agreement with the City specifying any additional conditions for use and operation of the storage area, including a termination date for the interim use permit not more than five (5) years from the date of approval. 914.050. LOT REQUIREMENTS AND SETBACKS. The following minimum requirements shall be observed in an "I -1" District subject to additional requirements, exceptions and modifications set forth in this Ordinance. A. Lot Area: Twenty thousand (20,000) square feet. B. Lot Width: One hundred (100) feet. C. Setbacks: 1. Front Yards: Not less than forty (40) feet. 2. Side Yards: a. Not less than fifteen (15) feet on any one side, nor less than forty (40) feet on the side yard abutting a street. b. Side yards abutting residentially zoned property: Not less than forty (40) feet on the side yard abutting the residentially zoned property, nor less than fifteen (15) feet on the other side yard. • 3. Rear Yards: Not less than twenty (20) feet, nor less than forty (40) feet when abutting residentially zoned property. Little Canada Zoning Ordinance 1 -1, Light Industrial District 914 -8 16 914.060. BUILDING REQUIREMENTS. A. Height. No structure shall exceed forty (40) feet except as provided herein. B. Building Materials. Building materials in the l -1 Zoning District shall comply with the requirements of Section 903.020.T of this Ordinance, subject to the following provisions: 1. New buildings shall be constructed entirely of solid wall masonry materials, or covered with masonry facade materials and glass. In addition to these materials, up to fifty (50) percent of any building may be covered with Exterior Insulated Finish Systems (EIFS) or similar material. Voluntary removal of buildings shall forfeit any rights to "grandfathered" building materials under this ordinance. 2. Existing buildings that do not comply with the standards of Section 903.020.T of this Ordinance may expand floor area by up to twenty -five (25) percent per the requirements of that section. 3. Existing buildings that do not comply with the standards of Section 903.020.T may expand floor area from twenty -five (25) percent up to fifty (50) percent provided that: a. The property owner agrees by deed restriction to eliminate outdoor storage on the property. b. The property owner makes additional architectural improvements to the facade of the building that limit metal siding exposure from the public right of way. c. The property owner makes additional site improvements, including pavement, curbing, and landscaping. (Source: Ord. 661, Amended: Ord. 666, 697, 704, 706, 727) Little Canada. Zoning Ordinance 1 -1, Light Industrial District 914 -9 17 4. Regional Flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one hundred (100) year recurrence interval. 5. Regulatory Flood Protection Elevation. A point not less than one (1) foot above the elevation of the floodplain, plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood- proofed. 6. Rental I-Iall. A structure, or portion thereof, made available for compensation for private use by groups for assembly, for prearranged periods of time. 7. Rehabilitation Center. A state licensed facility that offers physical, vocational, or mental rehabilitative services to patients without overnight care. Such services may include chemical dependency treatment, treatment for physically or mentally disabled persons, or similar services. 8. Residential Planned Unit Development. A use where the nature of residency is non- transient and the major or primary focus of the development is not service - oriented. For example, residential apartments, manufactured home parks, time -share condominiums, townhouses, detached townhomes, cooperative, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five (5) dwelling units or sites. 9. Restaurant. An establishment which serves food in or on non - disposable dishes to be consumed primarily while seated at tables or booths within the building. 10. Riparian. Property which has frontage on a navigable waterway. 11. Roof Line. Is defined as the top of the coping or, when the building has a pitched roof, as the intersection of the outside wall with the roof. S. 1. Salvage Vehicle Repair: A use of land in which unlicensed or inoperable vehicles, including salvage vehicles, clips, and /or other parts are being stored on site for commercial restoration and rebuilding, or for disassembly, serving as a source of parts or components for the re- manufacturing and /or re- assembly of motor vehicles on the same property and as a part of the same business. This use is distinguished from the storage and resale of such salvage vehicles and parts, which is not an allowed in the City of Little Canada. 2. Satellite Dish. A parabolic shaped television or radio signal receiver including all supporting apparatus) which is located on the ground or exterior of, or outside of any building or structure. Devices of less than one meter in diameter in all zoning districts, Little Canada Zoning Ordinance Definitions 902 -17 18 168A.01, 2011 Minnesota Statutes Coming soon - website redesign) View information about the redesign. 2011 Minnesota Statutes Page 1 of 3 ItR,A.01 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 168A.01 to 168A.31, the terms defined in this section have the meanings given them, except when the context otherwise requires. Subd. la. Commissioner. "Commissioner" means the commissioner of public safety. Subd. 2. Dealer. "Dealer" has the meaning given it in section 168.27. Subd. 2a. Deliver. "Deliver" means to transmit electronically or by other means approved by the registrar. Subd. 3. Department. "Department" means the registrar of motor vehicles of this state. Subd. 4. Essential parts. "Essential parts" means all integral and body parts of a vehicle of a type for which a certificate of title is required hereunder, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation. Subd. 5. Established place of business. "Established place of business" means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where books and records of business are kept and a large share of business is transacted. Subd. 6. Out -of -state vehicle. "Out -of -state vehicle" means every vehicle of a type for which a certificate of title is required hereunder brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state. Subd. 6a. High -value vehicle. "High -value vehicle" means a vehicle manufactured six or more years before t1 - start of the current model year that had an actual cash value in excess of $5,000 before being damaged, or a v le with a Manufacturer's rating of over 26,000 pounds gross vehicle weight. Subd. 7. Identifying number. "Identifying number" means the numbers, and letters, if any, on a vehicle designated by the department for the purpose of identifying the vehicle. Subd. 8. Implement of husbandry. (a) "Implement of husbandry" means every vehicle, including a farm tractor and farm wagon, designed or adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not,subject to registration if used upon the highways. (b) A towed vehicle meeting the description in paragraph (a) is an implement of husbandry without regard tc whether the vehicle is towed by an implement of husbandry or by a registered motor vehicle. (c) A self-propelled motor vehicle used in livestock raising operations is an implement of husbandry only if it is: (1) owned by or under the control of a farmer; (2) operated at speeds not exceeding 30 miles per hour; and (3) displaying the slow - moving vehicle emblem described in section 169.522. Subd. 8a. Late -model vehicle. "Late -model vehicle" means a vehicle manufactured in the current model year or the five model years immediately preceding the current model year. Subd. 8b. Junking certificate. "Junking certificate" means a receipt issued by the department's Driver and Isle Services Division when a vehicle is declared unrepairable under section 168A.151. Subd, 9. Mail. "Mail" means to deposit in the United States mail, properly addressed and with postage prepaid. https: / /www.revisor.mn.gov/ statutes / ?id= 168A.01 & year =2611 &keyword type =all &keyword = Salvage 10/1/2012 168A.01, 2011 Minnesota Statutes Page 2 of 3 Subd. 10. Manufacturer. "Manufacturer" means every person engaged in the business of constructing or assembling vehicles of a type for which a certificate of title is required hereunder. Subd. 11. Manufacturer's or importer's certificate of origin. "Manufacturer's or importer's certificate r° origin" means a certificate over the authorized signature of the manufacturer or importer of a vehicle, descri, and identifying the vehicle, giving the name and address of the person to whom the vehicle is first sold by the manufacturer or importer, and containing assignments, duly executed, assigning the same to an applicant for a certificate of title on the vehicle in this state. Subd. 12. Nonresident. "Nonresident" means every person who is not a resident of this state. Subd. 12a. Older model vehicle. "Older model vehicle" means a vehicle manufactured in the sixth model year immediately preceding the current model year or earlier that is not a high -value vehicle. Subd. 13. Owner. "Owner" means a person, other than a secured party, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. Subd. 14. Person. "Person" means an individual, firm, copartnership, association, corporation, or governmental organization. Subd. 15. Previously registered vehicle. "Previously registered vehicle" means a vehicle registered in this state on October 1, 1972 or a vehicle whose last registration before October 1, 1972 was in this state. Subd. 16. Reconstructed vehicle. "Reconstructed vehicle" means a vehicle of a type for which a certificate of title is required hereunder materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used. Subd. 17. Registration. "Registration" means the registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles. Subd. I7a. Salvage; title. "1 Salvage ; title" means a certificate of title that is issued to a vehicle declared u repairable total loss vehicle under section 168A.151 and includes an existing certificate of title that has been ...................... stamped with the legend " salvage certificate of title" in accordance with section 168A.151. Subd. 17b. Salvage vehicle. ";Salvage vehicle" means a vehicle that has a salvage: certificate of title. Subd. 17e. Secure reassignment. "Secure reassignment" means a separate form that (1) may be used by a dealer to assign and warrant title to a vehicle; (2) is prescribed by the department; and (3) contains security features complying with the Motor Vehicle Information and Cost Savings Act, as amended, codified at United States Code, title 49, chapter 327, and regulations of the United States Department of Transportation adopted under that act. Subd. 18. Secured party. "Secured party" means a secured party as defined in section 336.9- 102(a)(73) having a security interest in a vehicle. [See Note.] Subd, 19. Security agreement. "Security agreement" means a security agreement as defined in section 336.S - 102(a)(74). [See Note.] Subd. 20. Security interest. "Security interest" means a security interest as defined in section 336.1- 201(h) (35). A security interest is "perfected" when it is valid against third parties generally, subject only to specific statutory exception. Subd. 21. Special mobile equipment. "Special mobile equipment" has the meaning given it in section 168.002. Subd. 22. Specially constructed vehicle. "Specially constructed vehicle" means every vehicle of a type for which a certificate of title is required hereunder not originally constructed under a distinctive name, make, https: / /www. revisor .mn.gov /statutes / ?id= 168A.01& year = 211 &keyword_type = all &keyword = Salvage 10/1/2012 168A.01, 2011 Minnesota Statutes Page 3 of 3 model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction. Subd. 23. State. "State" means a state, territory or possession of the United States, the District of Columbia, th. -ommonwealth of Puerto Rico, or a province of the Dominion of Canada. Subd. 24. Vehicle. (a) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway. (b) The term does not include: • (1) devices moved by human power or used exclusively upon stationary rails or tracks; or (2) vehicles not originally constructed primarily for use on public roads and highways. (c) The term does include motorized bicycles as defined in section 168.002, subdivision 20. History: 1971 c 162 s 1; 1977 c 214 s 5; 1979 c 50 s 17,18; 1986 c 444; 1988 e 496 s 12 -17; 1989 c 342 s 13; 1993 c 93 s 1 -3; 1997 c 143 s 4; 1998 c 285 s 3; 1998 c 405 s 3; 2001 c 195 art 2 s 5,6; 2002 c 371 art 1 s 13 -15; 2004 c 162 art 3 s 6; 2008 c 287 art 1 s 25; 2008 c 350 art 1 s 16; 2011 c 31 art 1 s 16; art 2 s 3,4 NOTE: The amendments to subdivisions 18 and 19 by Laws 2011, chapter 31, article 2, sections 3 and 4, arc effective July 1, 2013. Laws 2011, chapter 31, article 1, section 16. https: / /www.revisor.mn.gov /statutes / ?id= 168A.01& year =2011 &keyword_ _type =all &keyword = Salvage 10/1/2012 168A.151, 2011 Minnesota Statutes Page 1 of I Coming soon - website redesign! View information about the redesign. 2011 Minnesota Statutes 168A.151 SALVAGE TITLE; JUNKING CERTIFICATE, ..................... Subdivision 1. Salvage; titles. (a) When an insurer, licensed to conduct business in Minnesota, acquires ownership of a late -model or high -value vehicle through payment of damages, the insurer shall immediately apply for a salvage certificate of title or shall stamp the existing certificate of title with the legend " SALVAGE CERTIFICATE OF TITLE" in a manner prescribed by the department. Within 48 hours of taking possession of a vehicle through payment of damages, an insurer must notify the department in a manner prescribed by the department. (b) A person shall immediately apply for a salvage certificate of title if the person acquires a damaged late - model or high -value motor vehicle with an out -of -state title and the vehicle: (1) is a vehicle that was acquired by an insurer through payment of damages; (2) is a vehicle for which the cost of repairs exceeds the value of the damaged vehicle; or (3) has an out -of -state salvage; certificate of title as proof of ownership. (c) A self- insured owner of a late -model or high -value vehicle who sustains damage by collision or other occurrence which exceeds 70 percent of its actual cash value shall immediately apply for a salvage certificate of title. Damage, for the purpose of this calculation, does not include the actual cost incurred to repair, replace, or reinstall inflatable safety restraints and other vehicle components that must be replaced due to the deployment of the inflatable safety restraints. Subd. 2.[Repealed, 1993 c 93 s 20] Subd. 3.[Repealed, 1993 c 93 s 20] Subd. 4. Junking certificate required. When a person acquires ownership of a vehicle that is an unrepairable total loss vehicle, the person shall surrender the assigned certificate of title to the department and apply for a junking certificate of title. Subd. 5.[Repealed, 1993 c 93 s 20] Subd. 6.. Authority under junking certificate. A junking certificate authorizes the holder only to possess and transport the vehicle, except that a salvage pool or insurance company, or its agent, may sell an unrepairable total loss vehicle with a junking certificate to a licensed used parts dealer. History: 1988 c 496 s 19; 1989 c 342 s 14; 1993 c 93 s 9 -11; 2005 c 94 s 2; 2008 c 287 art 1 s 30 22 APPLICATION FOR AUTOMOTIVE MAJOR REPAIR LICENSE CITY OF LITTLE CANADA 515 Little Canada Road East Little Canada, MN 55117 (651) 766 -4029 FAX (651) 766 -4048 "PLEASE PRINT" License # Business Name: L) ,4. i 1) ."=1 - -; . c Business Address: / <” ` 4. (' y -4 -✓ •'� �' Business Phone #: Cn Z. dam/ 9 • L/ Owner of Business: I) a'k ' -i C (-1 g (' /e cii 3 / r. / tcor .c /` C a d -1' f „/, do C-5- %C' ( Home Address l Contact Phone #: t? 12 S' i `% - V5?‘; 6 Co- owners /partners (name and contact phone #): Brief Description of Auto Repair Services Provided: /7 Provided:,///U'6/4 /.>" %z)6 g Non- compliance with any of the items listed below shall serve as cause for the City of Little Canada to revoke, suspend, or not issue this license: a Licensee must maintain records which show the year, model and registration number of every motor vehicle upon which any work Is performed by the licensee or his /her employees. Such records shall also disclose the nature, type or kind of work performed upon the vehicle. i Licensee shall report to the Ramsey County Sheriff any motor vehicle showing evidence of having involved in an accident or struck by any bullet. Licensee shall give the motor number, license registration number, name, address of the owner or operator of such vehicle. a Licensee shall keep his /her premises in a neat, uncluttered condition and shall not have the accumulation of any dismantled vehicles or parts of vehicles where such material will be exposed to public view. • At the time of obtaining a license, the licensee shall submit a plan indicating the amount of off- street parking space which he /she will have on his /her premises for parking motor vehicles belonging to others, but which are in his /her possession for business reasons. The number of vehicles which he /she may have on the premises outside of his /her building at any given time shall be limited to the parking area specified. Licensee understands that the City Council shall promulgate rules and regulations for the purpose of administrating the parking of vehicles so as to prevent congestion, unsightliness or nuisance to the neighboring property and to the general public. Cji / ? i�.. Signed: 1. C- .. Date: 23 _--. —4— ;44ns...I ”Pst.td,PV ,p 0^V r •rel nv ?on 0 • no.ivon&inx 111' .“1:1■ZA 03 x.,nreit, .----.....- — —...... -..... ----.,-- M.' 1 .4. . 1 t r> t.. 1 C - ',I i ') ■5 -t71 # 2o to / ......... L .Cr t5 0 e• /I 0 I it- Hr----ne• _ 1 1 I ...-- vnY) r, nnyn (00.7.1 '2,GS ro/r,:n ' ',Oen' • • ,,,,“,"wr' ennIn arn;;;;C=" 0.1■77, nrc n ..ents.op ter 4 ,fso • 4. ki '1,V• • crrtmA5 I 1 , I 3 pje r.t • ?, iI% - 24 Counsel Members of Little Canada; My name is Dominic Carchedi and I am a self - employed licensed general building contractor. I am starting a new business in vehicle repair. When I was looking for a location for my new business, I picked an area that had many vehicle repair businesses. Dave Evans has been leasing his property to vehicle repair businesses for many years, and I also liked the fact that the police station was close by. I never thought that I would have issues obtaining a license. Enclosed are examples of the type of vehicles that I am interested in. Please note that these vehicles do not seem to meet the 80% criteria that the State of Minnesota requires for "salvage title" category. Yet the insurance company has listed them as ,a.lvage title. I understand your concerns about junk vehicles. I am not interested in acquiring junk vehicles, or have a lot of "car parts" all over the place. I am asking for a salvage vehicle license only because some of the vehicles have salvage titles. If you want to consider a provisional license or a trial license, I would be on board with that. I am just asking for an opportunity start a business in the City of Little Canada. Thank you for your consideration, Sin erely Dminic archedi 25 4. Regional Flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one hundred (100) year recurrence interval. 5. Regulatory Flood Protection Elevation. A point not less than one (1) foot above the elevation of the floodplain, plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood - proofed. 6. Rental Hall. A structure, or portion thereof, made available for compensation for private use by groups for assembly, for prearranged periods of time. 7. Rehabilitation Center, A state licensed facility that offers physical, vocational, or mental rehabilitative services to patients without overnight care. Such services may include chemical dependency treatment, treatment for physically or mentally disabled persons, or similar services. 8. Residential Planned Unit Development. A use where the nature of residency is non - transient and the major or primary focus of the development is not service - oriented. For example, residential apartments, manufactured home parks, time -share condominiums, townhouses, detached townhomes, cooperative, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five (5) dwelling units or sites. 9. Restaurant. An establishment which serves food in or on non - disposable dishes to be consumed primarily while seated at tables or booths within the building. 10. Riparian. Property which has frontage on a navigable waterway. 1 1. Roof Line. Is defined as the top of the coping or, when the building has a pitched roof, as the intersection of the outside wall with the roof. S. 1. Salvage Vehicle Repair: A use of land in which unlicensed or inoperable vehicles, including salvage vehicles, clips, and /or other parts are being stored on site for commercial restoration and rebuilding, or for disassembly, serving as a source of parts or components for the re- manufacturing and /or re- assembly of motor vehicles on the same property and as a part of the same business. This use is distinguished from the storage and resale of such salvage vehicles and parts, which is not an allowed in the City of Little Canada. 2. Satellite Dish. A parabolic shaped television or radio signal receiver including all supporting apparatus) which is located on the ground or exterior of, or outside of any building or structure. Devices of less than one meter in diameter in all zoning districts, Little Canada Zoning Ordinance Definitions 902 -17 26 t&l" wiSt nr: MAYOR Bill Blcsencr COUNCIL Rick Montour John Reis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www. ci.little- Canada. mn. us MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Sharon Provos, Finance Director DATE: October 10, 2012 RE: Fund Transfer Attached is the calculation for a transfer from the General Fund to the General Capital Improvements Fund. This transfer is consistent with the City's General Fund Cash Flow Policy, but reduces the fund balance to the low end of our targeted range (42.5% to 65% of budgeted General Fund expenditures). There is an Interfund Loan (IFL) carried by the General Fund that we have subtracted from the fund balance in making this calculation. By keeping the IFL in the General Fund, we realize higher interest earnings. Staff feels we can go to the low end of the range and safely transfer $373,660 from the General Fund to the General Capital Improvement Fund. Staff recommends approval of the transfer as proposed. 1 City of Little Canada General Fund Balance Transfer To General Capital Improvements Fund General Fund 2013 Budgeted Expenditures $ 3,071,790 $ 3,071,790 Minimum Fund Balance Range percentage 42.5% 65.0% Minimum Fund Balance 1,305,511 1,996,664 2011 General Fund Balance 2,784,528 2,784,528 Less: Interfund Loans (1,105,357) (1,105,357) Fund Balance Available 1,679,171 1,679,171 Fund Balance Available Less: Minimum Fund Balance 1,679,171 1,679,171 (1,305,511) (1,996,664) $ 373,660 $ (317,493) Proposed Fund Balance Transfer $ 373,660 CITY OF LITTLE CANADA FUND BALANCE POLICY Adopted December 21, 2011 I. PURPOSE The purpose of this policy is to establish specific guidelines for the City of Little Canada to use to maintain an adequate level of fund balance to provide for cash flow requirements and contingency needs because of major revenues, including property taxes and other government aids received in the second half of the city's fiscal year. II. CLASSIFICATION OF FUND BALANCE /PROCECURES 1. Nonspendable This category includes fund balance that cannot be spent because it is either: (i) not in spendable form, or (ii) is legally or contractually required to be maintained intact. Examples include inventories and prepaid amounts. 2. Restricted Fund balance should be reported as restricted when constraints placed on those resources are either: (i) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments, or (ii) imposed by law through constitutional provisions or enabling legislation. 3. Committed Fund balance that can only be used for specific purposes pursuant to constraints imposed by formal action of the government's highest level of decision- making authority. The committed amounts cannot be used for any other purposes unless the government removes or changes the specified use by taking the same type of action it employed to commit those funds. The City's highest level of decision making authority (City Council) will annually, or as deemed necessary, commit revenue sources for specified purposes by resolution. This formal action must occur prior to the end of the reporting period, however, the amount to be subject to the constraint, may be determined in the subsequent period. To remove the constraint on specified use of committed resources, the City Council must pass a resolution. 3 4. Assigned and Authority to Assign Amounts that are constrained by government's intent to use for specified purposes, but are neither restricted nor committed. Assigned fund balance in the General Fund includes amounts that are intended to be used for specific purposes, such as payouts of compensated absences. The City Council has delegated the authority to assign and remove assignments of fund balances for specified purposes to the City Administrator and /or Finance Director. III. GENERAL FUND CASH FLOW POLICY The General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds. Revenue sources include property taxes, license and permit fees, fines and forfeits, service charges, intergovernmental revenues, investment interest earnings, and transfers. The General Funds' resources finance a wide range of functions including the operations of general government, public safety, and public works. The City will strive to maintain an unassigned minimum fund balance in the General Fund in the range of 42.5% to 65% of the subsequent year's budgeted expenditures. Since a significant source of revenue in the General Fund connes from property taxes, maintaining a fund balance that is equal to five and one half months of operating expenditures ensures that sufficient resources are available to fund basic City functions between property tax settlements. Amounts that exceed 65% may be transferred out to other funds. An assignment of commitment of fund balance may be used to offset revenues earned in one year where substantial services are required to be performed in the next fiscal period. IV. CASH FLOW ASSUMPTIONS When both restricted and unrestricted resources are available for use, it is the city's policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the city's policy to use resources in the following order: 1) committed, 2) assigned, 3) unassigned. These fund balance classifications apply only to Governmental Funds, not Enterprise Funds. 4 Way of St. Wanda MAYOR Bill Blesener COUNCIL Rick Montour John Reis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.eLlittle-eanadann.us MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Joel Hanson, City Administrator DATE: October 4, 2012 RE: Employee Health Insurance & Opt Out Employee Health Insurance — Employee health insurance costs will renew for 2013 with an 8.5% increase. As the Council is aware, the City currently pays 100% of the cost of single coverage and $980 per month (72 %) towards the cost of family coverage. City staff conducted a survey of both metro cities and Ramsey County cities and the dollar amount that the City is contributing toward family medical coverage is at the high end. The survey was based on 2012 information, however. Based on the amount of the increase and the survey information, City staff is recommending that the City's contribution toward the cost of single coverage remain at 100% and the contribution toward family coverage increase to $1,000 per month, a 2% increase over the $980 amount or 68% of the total cost of family coverage. Attached is a sheet showing the increase in premiums to City employees from $200 per month to $282 (41% increase). OptOut- The City's current Opt Out amount is $535 per month for those employees outing out of family health insurance coverage. Staff again surveyed both metro cities and Ramsey County cities and this amount is higher than the average. Again the survey was based on 2012 information. Based on the survey results, City staff is recommending no increase in the 2013 Opt Out amount. Staff is recommending that the Council take action on these City contributions at this time in order that final amounts can be used in its efforts to finalize the 2013 Budget. CITY OF LITTLE CANADA INSURANCE RENEWAL OPTIONS I EMPLOYEE COSTS 2013 Preliminary Budget - 2% / 0% 1,000 cap / 535 opt out HSA Deductible Current Renewal Current Renewal Single NONE NONE 2,100 2,300 Family 200A0 282.00 4,200 4,600