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Home My WebLink About05-22-1996 Council AgendaAGENDA CITY OF LITTLE CANADA REGULAR COUNCIL MEETING WEDNESDAY, MAY 22, 1996 1. Call To Order - Workshop Meeting - 6:30 P.M. 2. Roll Call 3. Fire Department's 1996 Plans and Goals 4. Adjourn 1. Call To Order - Regular City Council Meeting - 7:30 P.M. 2. Roll Call Mayor Mr. Michael Fahey Council Member Mrs. Beverly Scalze Council Member Mr. Jim LaValle Council Member Mr. Steve Morelan Council Member Mr. Bob Pedersen City Administrator Mr. Joel R. Hanson City Attorney Mr. Tom Sweeney Consulting Engineer Mr. Jerry Bourdon City Planner Mr. Steve Grittman Administrative Asst. Mrs. Kathy Glanzer 3. Approval of the Minutes - May 8, 1996 Regular Meeting 4. Announcements This agenda is subject to change by additions and deletions. AGENDA CITY COUNCIL MAY 22, 1996 B. PUBLIC HEARINGS 5. Conditional Use Permit for second accessory building resulting in total accessory space over 1,000 square feet - 2947 Centerville Road - David Regnier Correspondence Pages 1 through 7. 6. Preliminary Plat - Stoneridge Addition (Denery Property) - Mark Ashby Correspondence Pages 8 through 46. C. CONSENT AGENDA 7. Renewal of 1996 Licenses - Liquor Licenses - Entertainment Licenses - Amusement Device Licenses - Cigarette Licenses Correspondence Pages 47 through 49. 8. Authorize Expenditure for Siren Replacement Correspondence Page 50. 9. Change June 12th Council Meeting Date Correspondence Page 51. D. STAFF & CONSULTANT REPORTS 10. City Attorney a. Amendment to Liquor Ordinance Correspondence Pages 52 through 79. 11. City Planner a. Architectural Guidelines - Backlit Signs Correspondence Pages 80 and 81. b. Conditional Use Permits - Accessory Buildings Correspondence Pages 82 through 84. c. Comprehensive Plan Update - Timetable for Adoption Correspondence Pages 85 and 86. Little Canada, Minnesota APPLICATION FORM Comprehensive Plan Amendment Zoning District Amendment Text Amendment Other N9 71L1 PAID 4:2670 Rec. No XConditional Use Permit Variance Subdivision Planned Unit Development �Q Plan Review t,./Kf' 777 -(3W cl Applicant if-t/ +a0 3 ' I I Me-R, ,21g7 cevlze.uf 1I 0 - Ho - 17 Iv -17;0 (Name) (Address) (Phone) p —r (% 1 �,✓ k • '777— /3 y q Owner `��A (7 II �c�l %i7 CeN VI1 e r) .. KtrGi - L(70 -(7,2o (Name) (Address) (Phone) Property Location (Street Address and Legal Description): 277 7 (7T1_ CG/✓cto2 NW°V ' 5917 Description and /or Reason for Request (Cite Ordinance Sections): P% rocs. ro 6/A ('to a's 3c VIJA -7c AeJ 9a/ca7 �JeK Scn>a L ut S� . S 4a Rote_ r=o K j�1 y !/ 1 o f'Gr2 l/ e lz kocv/Kclor /� ( act F Lguu E7a( . / 5/�c>cJ�owey? / efcc In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- ing and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- tion expense. gn WHITE — Office CANARY— Customer PINK —File GOLD— Planner Page 1 ature � Applica (Date) ,iimun 5) ci+ 29474 ceana 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT PROPOSAL: MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Request for approval of a Conditional Use Permit to construct an accessory building larger than 1,000 square feet. The property in question is zoned Single Family Residential (R -1). PROPERTY LOCATION: 2947 Centerville Road Little Canada, MN 55117 PROPERTY OWNER: PLANNING David J. Regnier 2947 Centerville Road Little Canada, MN 55117 COMMISSION: The Little Canada Planning Commission will be reviewing this matter at their Thursday, April 11, 1996 meeting. The meeting begins at 7:30 P.M. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, April 24, 1996 at 7:30 P.M., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, April 11, 1996 and the City Council meeting on Wednesday, April 24, 1996. Sign Language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 2 Northwest Associated Consultants, Inc. C O M M U N I T Y P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H PLANNING REPORT TO: Little Canada Planning Commission FROM: Dan Sjordal /Stephen Grittman DATE: 8 April 1996 RE: Little Canada - Regnier Garage Conditional Use Permit FILE NO: 758.09 - 96.09 BACKGROUND Mr. David J. Regnier has submitted an application for a conditional use permit to allow the construction of an additional garage building at 2947 Centerville road. The property currently has a single family home, and a two car, detached garage. The new garage would be located behind the house, to the north of the existing garage. Interstate 35E borders the property to the west, Centerville Road to the east, the Valentos property to the north, and the Frattalone property to the south. The applicant wishes to build the garage for storage of motor vehicles, boat and maintenance equipment. The property is zoned R -1, Single Family Residential. ANALYSIS The conditional use permit is required for two reasons. Under the current Ordinance, single family homes are permitted a maximum of one garage structure (regardless of size) and no more than 1,000 square feet of accessory building. This proposal would establish a second garage structure and result in exceeding the 1,000 square feet of garage space by 300 square feet. The City of Little Canada has traditionally allowed accessory buildings as a conditional use between 1,000 to 1,500 square feet in size. If the new garage were attached to the existing garage, the garage buildings would be considered one garage structure and a conditional use permit would be required only for size. 5775 Wayzata Blvd,- Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 Page 3 It is not clear from the application why this option is not being pursued. However, due to the size of the lot, the proximity of I -35E, and the surrounding land uses, this building should not have a negative impact. The Zoning Ordinance lists the following criteria to be considered when reviewing a conditional use permit request: Consistency with the City's Land Use Plan. Compatibility with current and future land uses in the area. • Conformance with all performance standards. • No depreciation of property values. • Ability of the use to be accommodated at existing levels of public services. The proposed building easily meets all setback requirements, and should add to the value of the existing property. Finally, there is no impact on City services, since the use of the property would remain residential. CONCLUSION The proposed conditional use permit appears to meet the intent of the Ordinance in regard to preserving and enhancing the long term residential use of this property. We would recommend approval of the conditional use permit subject to the following conditions which are designed to assure this intent: 1. Any replacement of the existing garage with another garage is required to meet R -1 District requirements and setbacks. 2. The buildings are utilized exclusively for residential and storage uses, with no commercial use permitted. pc: Kathy Glanzer Greg Schmidt David J. Regnier 2 Page 4 APR- 3 -96 WED 11:28 CITY OF LITTLE CANADA FAX NO. 484 4538 sL/n ,C A fi t oti€ P. 09 • 'f,¢G..Cr:NI-a) s Q,6" stu -l`IX_ Page 5 MINUTES CONDITIONAL USE PERMIT - 2947 CENTERVILLE ROAD MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA MAY 9, 1996 Pursuant to due call and notice thereof a regular meeting of the Planning Commission of the City of Little Canada, Minnesota was held on the 9th day of May, 1996 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Chairman Gene DeLonais called the meeting to order at 7:30 P.M. and the following members of the Commission were present at roll call: MEMBERS PRESENT: Mr. Gene DeLonais Mr. Scott Barraclough Mr. Dennis Carson Mr. John Keis Mr. Dan Knudsen Mr. Rick Montour MEMBERS ABSENT: Mr. Fred Schletty ALSO PRESENT: Mr. Scott Richards, City Planner Mrs. Kathy Glanzer, Admin. Asst. There being no corrections to the minutes of the April 11, 1996 Regular Planning Commission, the minutes stood approved as submitted. Mr. David Regnier, 2947 Centerville Road, appeared the Commission requesting approval of a Conditional Use Permit to construct an accessory building on his property, bringing his total accessory building area over 1,000 square feet. Regnier reported that the garage he would like to build would be 28 feet by 30 feet, and would be used to house his two vehicles, two snowmobiles and a boat. Regnier reported that his existing garage has a low ceiling and a 7 -foot door and he cannot get his 1 -ton truck nor 4 X 4 vehicle into the garage. There was no one present from the general public wishing to comment on this matter. Keis asked if the second garage would be used for storage purposes rather than put to an industrial use. 1 Page 6 MINUTES PLANNING COMMISSION MAY 9, 1996 Regnier replied that the second garage would be used to store his personal belongings. The Planner noted that if the second garage structure were combined with the existing garage, the CUP would be necessary only for size. However, given that the existing garage does not have enough clearance, the additional space probably needs to be a separate structure. Keis pointed out that the proposal is within the range of square footage the City has approved in the past. Montour asked the height proposed for the garage. Regnier reported that he is proposing a 10 -foot ceiling and an 8 -foot garage door. The Planner pointed out that the City's height limitation is 15 -feet to the mid -point of the roof peak if the structure has a gable roof. The Planner also pointed out that there must be a minimum separation of 6 feet between the two accessory buildings. Carson recommended approval of the Conditional Use Permit for a second accessory building resulting in total accessory space in excess of 1,000 square feet as requested by Mr. David Regnier for property located at 2947 Centerville Road subject to compliance with the recommendations of the City Planner as outlined in his report dated April 8, 1996, and subject to the accessory structure meeting all building code requirements. Motion seconded by Knudsen. Motion carried 6 - 0. PRELIMINARY Mr. Ken Gust appeared before the Commission requesting PLAT - preliminary plat approval of Stoneridge Addition, a STONERIDGE single - family development consisting of nine lots. ADDITION Gust reported that a wetland delineation has been prepared. That delineation has been reviewed and accepted by the Watershed. The Planner pointed out that the preliminary plat was before the Commission earlier this year. At that time, 2 Page 7 Little Canada, Minnesota APPLICATION FORM N9 709 PAID Rec. No Comprehensive Plan Amendment Conditional Use Permit Zoning District Amendment Variance Text Amendment Subdivision Other Planned Unit Development Plan Review Applicant %ti's ) _ AS (I g x � � Or)&-�- -- / b `De j Ik)oob (Name) ( (Address) yy i) (Phone) \\ // Owner 65 3 �to.2 (Name) Property Location (Street Address and Legal Description): ) tAtea- B,ti Azieste, , (Address) (Phone) L a-P.. g1Q. aJ c ` r •r (s_e_Jz, r /44 o-c 5-4neuz4R) Description and /or Reason for Request (Cite Ordinance Sections): PAID JAN 3 0 1996 CITY OF LITTLE CANADA In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- ing and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay :II statements received from the City pertaining to additional applica- tion expense. (Signature Applicant WHITE— Office CANARY — Customer PINK —File GOLD— Planner / Mae -96 — Page 8 (Date) 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING PRELIMINARY PLAT PROPOSAL: MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Request for approval of a Preliminary Plat of Stoneridge Addition consisting of nine (9) single - family lots. The Property in question is zoned Single - Family Residential (R -1). PROPERTY LOCATION: Parcel No. 04- 29 -22 -22 -0114 as well as approximately 38,000 square feet of Parcel No. 04- 29 -22 -22 -0106; Located approximately 700 feet west of LaBore Road and County Road D on the South Side of County Road D Little Canada, MN 55109 PROPERTY OWNERS: Fern Denery 3075 LaBore Road Little Canada, MN 55109 City of Little Canada 515 Little Canada Road Little Canada, MN 55117 APPLICANT: Mark Ashby 16 Doral Road Dellwood, MN 55110 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at their Thursday, May 9, 1996 meeting. The meeting begins at 7:30 P.M. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wed., May 22, 1996 at 7:30 P.M., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, May 9, 1996 and the City Council meeting on Wednesday, May 22, 1996. Sign Language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangeme ts. rage 9 Joel R. Hanson ri tv Arlmi ni c+rn +n.. Neil & Sharon Stavem 911 Windrow Drive Little Canada, MN 55117 04- 29 -22 -22 -0019 Gerald & Julie Steiler 921 Windrow Drive Little Canada, MN 55109 04- 29 -22 -22 -0020 Marc & Mary Ann Renner 930 Windrow Drive Little Canada, MN 55109 04- 29 -22 -22 -0021 Keith & Lorraine Shannon 920 Windrow Drive Little Canada, MN 55109 04- 29 -22 -22 -0022 Leslie & Suki Schrankler 910 Windrow Drive Little Canada, MN 55109 04- 29 -22 -22 -0023 Randy Vanseth 904 Windrow Drive Little Canada, MN 55109 04- 29 -22 -22 -0024 Garry & Christine Kahle 900 Windrow Drive Little Canada, MN 55109 04- 29 -22 -22 -0025 James & Michelle Harding 836 County Road D Little Canada, MN 55109 04- 29 -22 -22 -0071 Dale Hultman Patricia Ann Mosner 840 E. County Road D Little Canada, MN 55109 04- 29 -22 -22 -0072 Patrick Goff Carol Rhoades -Goff 865 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0073 John Hobscheid 863 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0074 Byron & Ruth Hammersten 855 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0075 I , Page 10 Mark Doroff 845 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0076 Robert & Colleen Paavola 835 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0077 Joseph Martin Sandra Geiser 836 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0097 Richard & Beth Post 840 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0098 Frank & Susan Saete 844 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0099 Daniel & Andrea Goff 852 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0101 Patrick & Cynthia Goff 848 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0100 Robert Forbord 856 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0102 Dennis & Mary Kiffe 860 Aspen Circle Little Canada, MN 55109 04- 29 -22 -22 -0103 Cheryl Berndsen 864 Aspen Circle Little Canada, MN 04- 29 -22 -22 -0104 Jody Swenson 870 Aspen Circle Little Canada, MN 04- 29 -22 -22 -0105 55109 55109 City of Little Canada 04- 29 -22 -22 -0106 Bankers Trust Co. of California c/o National Mortgage Company 4041 Knight Arnold Road Memphis, TN 38118 -2128 na_9(1_72_21 -nnni James & Pamela Curran 938 Windrow Drive Little Canada, MN 55117 04- 29 -22 -21 -0034 Bradley & Annette Howe 990 E. County Road D Little Canada, MN 55109 04- 29 -22 -21 -0036 Brett & Patricia Kovacs 3115 LaBore Road Little Canada, MN 55109 04- 29 -22 -21 -0037 Lawrence & Christine Groholski 942 E. County Road D Little Canada, MN 55109 04- 29 -22 -22 -0001 Fern Belland Denary 3075 LaBore Road Little Canada, MN 55109 04- 29 -22 -22 -0004, 0114 Paul & Judith Widman 7060 Lake Elmo Ave. N. Lake Elmo, MN 55082 04- 29 -22 -22 -0015 Kenneth & Margaret Zimitsch 891 Windrow Drive Little Canada, MN 55109 04- 29 -22 -22 -0016 Robert S. & Jean Goeritz 895 Windrow Drive Little Canada, MN 55109 04- 29 -22 -22 -0017 Page 1'1 Charles & Kathryn Laidlaw 3100 LaBore Road Little Canada, MN 55109 04- 29 -22 -21 -0004 James & Susanne Reibel 3088 Labore Road Little Canada, MN 55109 04- 29 -22 -21 -0005 Delbert & Candace O'Neill 3084 LaBore Road Little Canada, MN 55109 04- 29 -22 -21 -0006 Peter Soler Lisa Doerr 3064 LaBore Raod Little Canada, MN 55109 04- 29 -22 -21 -0008 Amy Crofts 2523 Lake Drive N. Milwaukee, WI 53211 -3813 04- 29 -22 -21 -0009 North Suburban Development 8741 Central Ave. NE Blaine, MN 55434 04- 29 -22 -21 -0009 William & Tracy Maranda 3056 LaBore Road Little Canada, MN 55109 04- 29 -22 -21 -0010 Robert Rainbridge 4113 James Circle Arden Hills, MN 55112 04- 29 -22 -21 -0030, 0032, 0033 04- 29 -22 -22 -0018 Robert Serge et al 3113 LaBore Road Little Canada, MN 55117 04~29~22-21~0022 Kevin Janni 366 E. County Road D St. Paul, MN 55109 04-29-22-21-0023 Michael & L.A. Lunzer 958 E. County Road D Little Canada, MN 55109 04~29-22~21~0024 Ronald & Judy Jarosch 950 E. County Road D Little Canada, MW 55109 04~23-22'21-0025 Robert Moser et al 3097 LaBore Road Little Canada, MN 55109 04~23~22-21^0026 James Broten et al 3085 LaBore Road Little Canada, MN 55109 04~29~22-21~0027 Fern Belland Denery 3075 LaBore Road Little Canada, MN 55109 04~28-22~21-0028 City of Little Canada 04-29-22-21-0029 Northwood Villa Apartments 915 E. County Road D Vadnais Heights, MN 55100 Page 12 Northwest Associated Consultants, Inc. C O M M U N I T Y P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H PLANNING REPORT TO: Little Canada Planning Commission FROM: Cary Teague DATE: 2 February 1996 RE: Little Canada - Stoneridge Preliminary Plat FILE NO: 758.09 - 96.01 BACKGROUND Royal Crest Homes is requesting preliminary plat approval for Stoneridge, a nine lot single family residential development in the northeast corner of the City. The subject property is located within the R -1, Single Family Residential Zoning District. The western portion of the subject property (Lots 1 -3) is property that was previously platted as an Outlot for the Aspen Grove Subdivision, developed in the late 1980's. This area is heavily wooded, contains a wetland, and a 30 foot wide drainage and utility easement along the western property line. The applicant is also requesting a one (1) foot road right -of -way width variance at the opening of Stoneridge Court (the cul -de -sac which will serve the proposed lots). The variance is necessary due to an existing garage located on the proposed right -of -way, north of proposed Lot 9. This is the only location in which roadway access is available to the site. Attached for reference are the following exhibits: Exhibit A - Site Location Exhibit B - Preliminary Plat Exhibit C - Grading & Drainage Plan Exhibit D - Utility Plan ANALYSIS Lot Sizes. In the R -1 district, the minimum lot area requirement is 10,000 square feet for interior lots and 11,000 square feet for corner lots. The one corner lot within the proposed 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 Page 13 subdivision exceed 11,000 square feet, and the interior lots all exceed 10,000 square feet, therefore, all proposed lots exceed the requirement. Lot Width. In the R -1 district, the minimum lot width requirement for interior lots is 75 feet, and 80 feet for corner lots. Lot widths are measured at the property setback line, rather than at the front property line. The one corner lot exceeds 80 feet in width and all interior lots are at least 75 feet wide, therefore, all of the proposed lots meet or exceed the requirement. Streets /right -of -way width variance. All nine of the proposed lots are clustered around a new cul -de -sac street which extends south from County Road D. The proposed cul -de- sac is forty -nine (49) feet wide at the opening, therefore, does not meet the City's minimum right -of -way width requirement of fifty (50) feet for local residential streets, therefore, a one (1) foot right -of -way width variance is necessary. In considering all requests for a variance and in taking subsequent action, the City staff, the Planning Commission, and the City Council serving as the Board of Adjustment and Appeals shall make a finding of fact that the proposed action will not: a. Impair and adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Increase the danger of fire or endanger the public safety. d. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. e. Violate the intent and purpose of the City Comprehensive Plan. The request to plat the right -of -way at a width one (1) foot less than the City requirement at the opening of the proposed Stone ridge Court, will not have any negative effect on the above. Also, the requested forty -nine foot right -of -way, will not effect the width of the paved surface of Stoneridge Court. The special conditions or circumstances which require the requested variance, are due to the existence of an existing garage (not located on the subject property), located north of proposed Lot 9, which is to be located on the proposed right -of -way line. Also, this is an existing condition, as this lot was platted with this 49 foot wide opening to provide access to the subject property. This is the only area on the subject site in which roadway access available to the property, therefore, if the City were to deny the variance, the property could not be subdivided, as no alternative roadway access point exists. In this instance a one (1) foot right -of -way width variance is justified. The street design and layout shall be subject to review and approval of the City Engineer. Access to County Road D. Proposed Stoneridge Court is to be constructed off of County Road D. Therefore, construction of the roadway is subject approval of Ramsey County. In all likelihood, the County will raise issue with the close proximity of the 2 Page 14 driveway access to County Road for the home located north of Lot 9. Therefore, this home should gain access off proposed Stoneridge Court, rather than County Road D. As such the developer should negotiate with this property owner to provide access for this lot via Stoneridge Court, rather than County Road D. Setbacks. As shown on the proposed grading and drainage plan, all of the proposed building pads meet the required setbacks for the R -1, Single Family Residential District. The developers are cautioned that variances for setbacks resulting from the constraints of the lots are not likely to be considered favorably. The table below, indicated the City's minimum setback requirements within the R -1 zoning district. Required R -1 Setbacks Front Yard Side Yard Rear Yard 30 Feet 10 Feet 30 Feet Grading & Drainage. The developer has submitted a detailed grading and drainage plan which includes a holding pond in the southern portion of the site between Lots 3 and 4. All of the grading and drainage issues must be reviewed and approved by the City Engineer and the Watershed District for compliance to local and Watershed regulations. Wetland De lineation. The developer has indicated on the Preliminary Plat that the wetlands have not been delineated. Because there appears to be a large wetland in the southwest corner of the proposed development, the exact location of the wetland may effect the buildability of Lots 1 -3. Therefore, as a condition of approval, the wetlands must be professionally delineated. Wetland delineation and any wetland mitigation that may be required, must be reviewed and approved by the City Engineer and the Watershed District for compliance to local and Watershed regulations. If the wetland is significantly larger than that which is indicated on the Preliminary Plat, and the buildability of one of the lots is questionable, the applicant may be required to submit a revised Preliminary Plat. Utilities. Sanitary sewer is available via County Road D and will extended down proposed Stone ridge Court. Water is available from both County Road D and Labore Road. Said Utility Plan is subject to review and approval of the City Engineer. Easements. The applicant has provided for easement along all lot lines, wetlands and drainageways. Also, an existing thirty (30) foot wide drainage and utility easement, dedicated as part of the Aspen Grove subdivision, is located along the western property line, and shall remain as part of this plat. The location and sizing of all easements shall be subject to review and approval of the City Engineer. Park Dedication. Lots 1 -3, were previously platted as an Outlot within the Aspen Grove 3 Page 15 subdivision, intended for parks. The applicant is negotiating with the City to purchase this land for development of Lots 1 -3, therefore, the proposed subdivision shall be contingent upon the sale of this property. The plat drawing shows park dedication to be made in the southern area of the plat under the NSP easement, including a portion of wetland. The Park Commission should review and comment on the land dedication proposal. RECOMMENDATION Based on the following review, our office recommends approval of the Stoneridge preliminary plat, and the one (1) foot roadway right -of -way width variance. Said approval is subject to the following conditions: 1. Preliminary Plat approval is contingent upon sale of the City owned property to the applicant. 2. The grading and drainage plan is subject to review and approval of the City Engineer. 3. All wetlands must be professionally delineated. Wetland delineation and any wetland mitigation that may be required, must be reviewed and approved by the City Engineer and the Watershed District for compliance to local and Watershed regulations. 4. Should the wetland delineation determine that the buildability of any of the proposed lots are questioned, the applicant must submit a revised Preliminary Plat. 5. The location and sizing of all easements shall be subject to review and approval of the City Engineer. 6. The utility plan is subject to review and approval by the City Engineer. 7. The developer must obtain approval from Ramsey County to construct Stoneridge Court off of County Road D. As part of that process, the developer shall negotiate with the lot owner north of proposed Lot 9 to provide access to Stoneridge Court rather than the existing County Road D access. 8. The design of the proposed Stoneridge cul -de -sac shall be subject to review and approval of the City Engineer. 9. Park Dedication shall be reviewed by the Little Canada Park Commission. 4 Page 16 this map Is for planning purposes only end should not h• used when pr•cis• measurement Is required. northwest associated consultants, inc. Page 17 EXHIBIT A - SITE LOCATION JAN -31 -96 WED 10:27 CITY OF LITTLE CANADA FAX NO. 484 4538 P. 03 JAN -31 -96 WED 10:28 CITY OF LITTLE CANADA >— FAX NO. 484 4538 P. 05 1 It L�1 3 3 Q 0 o 1— 7 I 0.,, 1 j rai II I z L_.r -J -1 1 IL. r .. r. r -. ; Hi amt 1 0240 ! I I 1 I r -r1 CrA GRADING & DRAINAGE 'k�n.,m A'. ." V.00.. /a.ttw$..$P ;x; :•aaYr u?rR��i.ife�,a[twu �yoo-� �Tt.2:'a�"f�ix�)'1zY�' IT Vf;n:!.t'l'R • ":.:ax, \,J.trvk�.r +! Mei •ii• • Or rsItl 71 c :: »- 'c,'.� Al l allafir IMO ___ �l•.i to / t ' h: ••f id l 01,04y a bl lempi girnil di 1 iralll s iii jo B€ Page 19 a 111 ?El 2 v101 JAN-31-96 WED 10:28 CITY OF LITTLE CANADA FAX N0, 484 4538 P. 04 UTILITY PLAN EXHIBIT D Ramsey - Washington Metro May 1, 1996 Mark Ashby 16 Darrow Road Delwood, MN 55116 District 1902 East County Road B Maplewood, MN 55109 (612) 777 -3665 fax (612) 777 -6307 Dear Mr. Ashby: I have reviewed the wetland delineation that EnviroData performed on April I7th. The wetland delineation appears to be accurate and the Watershed District will accept this delineation. The Watershed District will review the grading and erosion control plans for this project and will have comments for you and your engineer as soon as possible. We hope to get this project an the agenda for the Watershed District's June Board meeting. Please contact me at 777 -3665 if you have any questions . Sincerely, /9" Patrick 'l. Conrad District Technician Page 21 TO 39Vd QMWM?I LQE9LLLZt9 tZ:9t 966t/t0/90 ENVIRODRTR John C. Rnderson 5831 Cedar Lake Road Minneapolis, MN 55416 yzf Office - (612) 544 -1761 FRS - (612) 525-2021 WETLAND DELINEATION REPORT FOR: MARK ASHBY, EDINA REALTY IN LITTLE CANADA, MN Mapping - Inventories - Delineations - Permits Page 22 WETLANDS DELINEATION DOCUMENTATION FOR MARK ASHBY, EDINA REALTY, PROJECT IN LITTLE CANADA, MN John Anderson, WETLANDS DATA, Minneapolis, MN investigated the subject property subject property tor the presence of wetland on April 17th, 1996 at the request of Mark Ashby, Edina Realty. The site had been investigated previously on February 10th, 1996. The site was investigated again to determine the presence of wetland during the growing season. The investigator delineated no additional area as jurisdictional wetland. This report is provided as an appendix to the previous report. The parameters of the wetland /upland boundaries are provided in each delineation report form as this information is redundant below. Please review documentation of these findings (referenced in report and site plan). A sketch of the staked wetland boundaries is included in the report. NW1 /4, NW1 /4 Section #4 T29, R23 Ramsey County, Minnesota LOCATION METHODOLOGY Wetlands are identified and delineated using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation, 1989) and the 1987 Corps of Engineers Wetlands Delineation Manual (U.S. Army Corps of Engineers, 1987) The wetland and /or deep water habitat are classified according to the methodologies set forth in Wetlands of the United States (USFWS Circular 39, Shaw and Fredine, 1971) and Classification of Wetlands and Deep water Habitats of the United States (FWS /OBS Publication 79/31: Cowardin et. a1.1979). CHARACTERISTICS OF WETLANDS INVESTIGATED Transect D, #I This is a upland checksite. Dominant species are Poplar (FAC) Black Cherry (FACU) and Red Ozier Dogwood (FACW). Soils are Barronett, a wetland soil. Surface hydrology evidence is not met, as soil is not flooded or saturated. The site appears to have been effectively drained by an open drainage ditch. The Minnesota drainage guide states that a four foot deep ditch, placed in Barronett soil, will have a lateral effect of 87 feet. This lateral drainage likely changed the hydrology from wetland to non - wetland. Page 23 Transect D, #II This is a upland checksite. Dominant species are Poplar (FAC) Black Cherry (FACU), and Box Elder (FACW). Soils are Lino, a non - wetland soil. Surface hydrology evidence is not met, as soil is not flooded or saturated. Transect E, #I This is a upland checksite. Dominant species are Poplar (FAC) Black Cherry (FACU) and Box Elder (FACW). Soils are Barronett, a wetland soil. Surface hydrology evidence is not met, as soil is not flooded or saturated. The site appears to have been effectively drained by an open drainage ditch. The Minnesota drainage guide states that a four foot deep ditch, placed in Barronett soil, will have a lateral effect of 87 feet. This lateral drainage likely changed the hydrology from wetland to non - wetland. Transect E, #II This is a upland checksite. Dominant species are Poplar (FAC) Black Cherry (FACU), Box Elder (FACW), Grey Dogwood (FACW -) and Swamp Fly Honeysuckle (OBL). Soils are Barronett, a wetland soil. Surface hydrology evidence is not met, as soil is not flooded or saturated. The site appears to have been effectively drained by an open drainage ditch. The Minnesota drainage guide states that a four foot deep ditch, placed in Barronett soil, will have a lateral effect of 87 feet. This lateral drainage likely changed the hydrology from wetland to non - wetland. Transect F, #I This is a upland checksite. Dominant species are Poplar (FAC) Black Cherry (FACU), Box Elder (FACW), and Grey Dogwood (FACW -). Soils are Barronett, a wetland soil. Surface hydrology evidence is not met, as soil is not flooded or saturated. The site appears to have been effectively drained by an open drainage ditch. The Minnesota drainage guide states that a four foot deep ditch, placed in Barronett soil, will have a lateral effect of 87 feet. This lateral drainage likely changed the hydrology from wetland to non - wetland. Transect F, #II This is a upland checksite. Dominant species are Poplar (FAC) Black Cherry (FACU), and Grey Dogwood (FACW -). Soils are Barronett, a wetland soil. Surface hydrology evidence is not met, as soil is not flooded or saturated. The site appears to have been effectively drained by an open drainage ditch. The Minnesota drainage guide states that a four foot deep ditch, placed in Barronett soil, will have a lateral effect of 87 feet. This lateral drainage likely changed the hydrology from wetland to non - wetland. Page 24 LIMITATIONS OF WETLAND ASSESSMENT My opinions, conclusions and recommendations were based in part on information I obtained and evaluated from current sources including state and federal agencies. verification of the authenticity or accuracy of this information is not warranted and is not included in the scope of my services. Wetlands delineated under winter conditions may not be accurate and should be reinvestigated during the growing season. I appreciate this opportunity to present this analysis. Sincerely, John C. Anderson Page 25 DATA FORM WETLAND DETERMINATION (1989 Interagency Delineation Manual) roject /Site: NW1/,NW1/4. #4,T29,R23 pplicantlOwner: Mark Ashby, Edina ivestigator: John C. Anderson - ENVIRODATA o normal environmental conditions exist? YES . the site significantly disturbed? yes the area a potential problem area? no EGETATION ominant Plant Species Populus tremula Prunus serotina Populus tremula Prunus serotina Corpus stolonifera Populus tremula Prunus serotina Stratum Tree Tree Scrub Scrub Shrub Herb Herb Indicator FAC FACU FAC FACU FACW FAC FACU :rcent of Species that are OBL,FACW, and /or FAC: 58 emarks: Does not meet FAC Neutral Test YDROLOGY ecorded data(describe in remarks) - Stream or Lake Gauge - Aerial Photographs /slides - Other- PSS1Bd by NW eld Observations /measurements: OQ 80 20 60 20 20 50 50 Routine x Intermediate Comprehensive Date: 4/17/96 County: Ramsey State: MN Plant Community I.D.: Upland Transect I.D.: D Plot I.D. #: I Dominant Plant Species 9. 10. 11. 12. 13. 14. 15. 16. Oxidized root zones - living roots - Water marks - Drift Lines - Water-borne sediment deposits - Stratum Indicator °rO Water- stained leaves - Surface scoured areas - Wetland drainage patterns - Morphological plant adaptations - Hydric soil characteristics - x the ground surface inundated? Surface water depth: Depth to free standing water in pit /soil probe hole: the ground saturated? Depth to saturation: emarks: No primary or secondary indicators present. The adjacent drainage ditch is four feet deep. The Minnesota Drainage Guide indicates at a four foot deep open ditch has a lateral drainage affect of 87 feet for this soil type. OILS lap Unit Name (Series and phase): Barronett silt loam axonomy (Subgroup): Mollic Ochraqualfs Drainage Class: poor Confirm Mapped Type ?: yes Texture, tfile Description: Structure, epth Horizon` Matrix Color(moist) Mottle Colors(moist) Mottle Abundance /Contrast Concretionsetc. 10YR3/2 7.5YR4/6 1 c/o/prominent silt loam lot determined as investigator is not certified soils scientist. /dric Soil Indicators rganic soils: Histic Epipedon: Sulfidic material: Aquic or Preaquic Moisture Regime: NI or Manganese Concretions: High Organic content in Surface Layer in Sandy Soils: educing Conditions (Confirmed by Measurement): Gleyed, Low Chrome, and Low - Chroma mottled Soils: x ther (Explain in remarks): emarks: \NDSCAPE POSITION: (See attached diagram showing location of sampling point on landscape.) ETLAND DETERMINATION /drophytic Vegetation Present? no etland Hydrology Present? no /dric Soils Present? yes emarks: One of three parameters present. Is the sampling point within a wetland? no Page 26 DATA FORM WETLAND DETERMINATION (1989 Interagency Delineation Manual) oject /Site: NW1/,NW1/4, #4,T29,R23 Dpiicant /Owner: Mark Ashby, Edina westigator: John C. Anderson - ENVIRODATA o normal environmental conditions exist? YES the site significantly disturbed? yes the area a potential problem area? no EGETATION ominant Plant Species Prunus serotina Populus tremula Acer negundo Acer negundo Populus tremula Prunus serotina Stratum Tree Tree Scrub Herb Herb Herb Indicator FACU FAC FACW FACW FAC FACU >rcent of Species that are OBL,FACW, and /or FAC: 66 ?marks: Does not meet FAC Neutral Test YDROLOGY ecorded data(describe in remarks) - Stream or Lake Gauge - A.erial Photographs /slides - Other - PSS1 Bd by NW aid Observations /measurements: the ground surface inundated? the ground saturated? emarks: No primary or secondary indicators. DILS ap Unit Name (Series and phase): Lino/loamy fine sand axonomy (Subgroup): Aquic Udispamments Routine x Intermediate Comprehensive Date:4/1796 County: Ramsey State: MN Plant Community I.D.: Upland Transect I.D.: D Plot I.D. #: II Dominant Plant Species 60 9. 40 10. 100 11. 60 12. 20 13. 20 14. 15. 16. Oxidized root zones - living roots - Water marks - Drift Lines - Water-borne sediment deposits - Surface water depth: Depth to saturation: Stratum Indicator % Water- stained leaves - Surface scoured areas - Wetland drainage patterns - Morphological plant adaptations - Hydric soil characteristics - Depth to free standing water in pit /soil probe hole: Drainage Class: somewhat poor Confirm Mapped Type ?: yes .ofile Description: epth Horizon* MatrixColor(moist) Mottle Colors(moist) 1 10YR5/3 7.5YR4/6 Texture, Structure Mottle Abundance /Contrast Concretionsetc. 1 % /prominent silt loam lot determined as investigator is not certified soils scientist. /dric Soil Indicators -ganic soils: Nistic Epipedon: Sulfidic material: Aquic or Preaquic Moisture Regime: DO or Manganese Concretions: High Organic content in Surface Layer in Sandy Soils: educing Conditions (Confirmed by Measurement): Gleyed, Low Chroma, and Low - Chroma mottled Soils: :her (Explain in remarks): amarks: \NDSCAPE POSITION: (See attached diagram showing location of sampling point on landscape.) ETLAND DETERMINATION /drophytic Vegetation Present? no etland Hydrology Present? no /dric Soils Present? no marks: None of three parameters present. Is the sampling point within a wetland? no Page 27 DATA FORM WETLAND DETERMINATION (1989 Interagency Delineation Manual) -oject /Site: NW1/,NW1/4, #4,T29,R23 oplicant /Owner: Mark Ashby, Edina rvestigator: John C. Anderson - ENVIRODATA o normal environmental conditions exist? YES the site significantly disturbed? yes the area a potential problem area? no EGETATION ominant Plant Species Populus tremula Populus tremula Prunus serotina Acer negundo Populus tremula Acer negundo Prunus serotina Stratum Tree Scrub Scrub Scrub Herb Herb Herb Indicator FAC FAC FACU FACW FAC FAC FACU ?rcent of Species that are OBL,FACW, and/or FAC: 71 =marks: Does not meet FAC Neutral Test YDROLOGY ecorded data(describe in remarks) - Stream or Lake Gauge - Aerial Photographs /slides - Other- PSS1Bd by NWI eld Observations /measurements: Routine x Intermediate Comprehensive Date: 4/17/96 County: Ramsey State: MN Plant Community I.D.: Upland Transect I.D.: E Plot I.D. #: 1 Dominant Plant Species 100 9. 40 10. 40 11. 20 12. 33 13. 33 14. 33 15. 16. Oxidized root zones - living roots - Water marks - Drift Lines - Water -borne sediment deposits - Stratum Indicator % Water- stained leaves - Surface scoured areas - Wetland drainage patterns - Morphological plant adaptations - Hydric soil characteristics - x the ground surface inundated? Surface water depth: Depth to free standing water in pit /soil probe hole: the ground saturated? Depth to saturation: emarks: No primary or secondary indicators present. The adjacent drainage ditch is four feet deep. The Minnesota Drainage Guide indicates at a four foot deep open ditch has a lateral drainage affect of 87 feet for this soil type. OILS 'ap Unit Name (Series and phase): Barronett silt loam axonomy (Subgroup): Mollic Ochraqualfs Drainage Class: poor Confirm Mapped Type ?: yes Texture, "ofile Description: Structure, epth Horizon* Matrix Color(moist) Mottle Colors(moist) Mottle Abundance /Contrast Concretionsetc. 10YR3/1 n/a n/a silt loam -ot determined as investigator is not certified soils scientist. /chic Soil Indicators rganic soils: Histic Epipedon: Sulfidic material: Aquic or Preaquic Moisture Regime: m or Manganese Concretions: High Organic content in Surface Layer in Sandy Soils: educing Conditions (Confirmed by Measurement): Gleyed, Low Chroma, and Low - Chroma mottled Soils: x ther (Explain in remarks): emarks: >NDSCAPE POSITION: (See attached diagram showing location of sampling point on landscape.) ETLAND DETERMINATION ✓drophytic Vegetation Present? no etland Hydrology Present? no /dric Soils Present? yes emarks: One of three parameters present. Page 28 Is the sampling pointwittifh awetland? no DATA FORM WETLAND DETERMINATION (1989 Interagency Delineation Manual) roject /Site: NW1/,NW1/4, #4.T29,R23 pplicant /Owner: Mark Ashby, Edina rvestigator: John C. Anderson - ENVIRODATA o normal environmental conditions exist? YES the site significantly disturbed? yes ; the area a potential problem area? no EGETATION ominant Plant Species Populus tremula Populus tremula Acer negundo Corpus toemina Lonicera oblongifolia Populus tremula Corpus toemina Stratum Tree Scrub Scrub Shrub Shrub Herb Herb Indicator FAC FAC FACW FACW- OBL FAC FACW- ercent of Species that are OBL,FACW, and /or FAC: 100 emarks: YDROLOGY lecorded data(describe in remarks) - Stream or Lake Gauge - Aerial Photographs /slides - Other - PSS1 Bd by NWI eld Observations /measurements: Routine x Intermediate Comprehensive Date: 4/17196 County: Ramsey State: MN Plant Community I.D.: Upland Transect I.D.: E Plot I.D. #: 11 °o Dominant Plant Species 100 9. 30 10. 30 11. 20 12. 20 13. 50 14. 20 15. 16. Oxidized root zones - living roots - Water marks - Drift Lines - Water-borne sediment deposits - Stratum Indicator °/U Water - stained leaves - Surface scoured areas - Wetland drainage patterns - Morphological plant adaptations - Hydric soil characteristics - x the ground surface inundated? Surface water depth: Depth to free standing water in pit /soil probe hole: the ground saturated? Depth to saturation: emarks: No primary or secondary indicators present. The adjacent drainage ditch is four feet deep. The Minnesota Drainage Guide indicates at a four foot deep open ditch has a lateral drainage affect of 87 feet for this soil type. OILS lap Unit Name (Series and phase): Barronett silt loam axonomy (Subgroup): Mollic Ochraqualfs Drainage Class: poor Confirm Mapped Type ?: yes Texture, rotile Description: Structure, epth Horizon* MatrixColor(moist) Mottle Colors(moist) Mottle Abundance /Contrast Concretionsetc.'•' 3 10YR3/1 n/a n/a silt loam not determined as investigator is not certified soils scientist. ydric Soil Indicators rganic soils: Histic Epipedon: Sulfidic material: Aquic or Preaquic Moisture Regime: on or Manganese Concretions: High Organic content in Surface Layer in Sandy Soils: educing Conditions (Confirmed by Measurement): Gleyed, Low Chroma, and Low - Chroma mottled Soils: x ther (Explain in remarks): emarks: ANDSCAPE POSITION: (See attached diagram showing location of sampling point on landscape.) ET'LAND DETERMINATION ydrophytic Vegetation Present? no 'etland Hydrology Present? no ydric Soils Present? yes emarks: One of three parameters present. Page 29 Is the sampling point within a wetland? no DATA FORM WETLAND DETERMINATION (1989 Interagency Delineation Manual) oject /Site: NW11,NW1/4, #4,T29,R23 Dpticant/Owner: Mark Ashby, Edina ivestigator: John C. Anderson - ENVIRODATA D normal environmental conditions exist? YES the site significantly disturbed? yes the area a potential problem area? no EGETATION ominant Plant Species Populus tremula .Acernegundo Corpus foemina Populus tremula Prunus serotina Populus tremula Corpus foemina Acer negundo ircent of Species that are ?marks: Stratum Tree Scrub Shrub Scrub Scrub Herb Herb Herb OBL,FACW, and /or YDROLOGY ecorded data(describe in remarks) - Stream or Lake Gauge - Aerial Photographs /slides - Other - PSS1 Bd by NWI Id Observations /measurements: Indicator FAC FACW FACW- FAC FACU FAC FACW- FACW FAC: 88 Routine x Intermediate Comprehensive Date: 4/17/96 County: Ramsey State: MN Plant Community I.D.: Upland Transect I.D.: F Plot I.D. #: I Dominant Plant Species Stratum Indicator °6 100 9. 30 10. 30 11. 20 12. 20 13. 33 14. 33 15. 33 16. Oxidized root zones - living roots - Water marks - Drift Lines - Water-borne sediment deposits - Water- stained leaves - Surtace scoured areas - Wetland drainage patterns - Morphological plant adaptations - Hydric soil characteristics - x the ground surface inundated? Surface water depth: Depth to free standing water in pit /soil probe hole: the ground saturated? Depth to saturation: emarks: No primary or secondary indicators present. The adjacent drainage ditch is four feet deep. The Minnesota Drainage Guide indicates at a four foot deep open ditch has a lateral drainage affect of 87 feet for this soil type. DILS lap Unit Name (Series and phase): Barronett silt loam ixonomy (Subgroup): Mollie Ochraqualfs Drainage Class: poor Confirm Mapped Type ?: yes •ofile Description: epth Horizon* Matrix Color(moist) Mottle Colors(moist) Mottle Abundance /Contrast 10YR3/1 n/a n/a rot determined as investigator is not certified soils scientist. 'dric Soil Indicators rganic soils: Histic Epipedon: Sulfidic material: Aquic or Preaquic Moisture Regime: -m or Manganese Concretions: High Organic content in Surface Layer in Sandy Soils: :during Conditions (Confirmed by Measurement): Gleyed, Low Chroma, and Low - Chroma mottled Soils: x :her (Explain in remarks): emarks: ■NDSCAPE POSITION: (See attached diagram showing location of sampling point on landscape.) ETLAND DETERMINATION tdrophytic Vegetation Present? no etland Hydrology Present? no rdric Soils Present? yes :marks: One of three parameters present. Page 30 Texture, Structure, Concretionsetc. silt loam Is the sampling point within a wetland? no DATA FORM WETLAND DETERMINATION (1989 Interagency Delineation Manual) roject /Site: NW1/,NW1/4, #4,T29,R23 'applicant /Owner: Mark Ashby, Edina rivestigator: John C. Anderson - ENVIRODATA Jo normal environmental conditions exist? YES the site significantly disturbed? yes the area a potential problem area? no EGETATION )ominant Plant Species Stratum Populus tremula Tree . Corns foemina Scrub . Populus tremula Scrub Prunus serotina Scrub Cornustoemina Herb Corpus foemina Herb • Prunus serotina Herb Populus tremula Herb ercent of Species that are OBL,FACW, and /or FAC: 75 emarks: Indicator FAC FACW- FAC FACU FACW- FAC FACU FACW YDROLOGY tecorded data(describe in remarks) - Stream or Lake Gauge - Aerial Photographs /slides - Other - PSS1 Bd by NW field Observations /measurements: Routine x Intermediate Comprehensive Date: 4/17/96 County: Ramsey State: MN Plant Community I.D.: Upland Transect I.D.: F Plot I.D. #: II Dominant Plant Species Stratum Indicator 100 9. 60 10. 20 11. 20 12. 40 13. 40 14. 30 15. 30 16. Oxidized root zones - living roots - Water marks - Drift Lines - Water-borne sediment deposits - o� Water- stained leaves - Surface scoured areas - Wetland drainage patterns - Morphological plant adaptations - Hydric soil characteristics - x the ground surface inundated? Surface water depth: Depth to free standing water in pit /soil probe hole: the ground saturated? Depth to saturation: emarks: No primary or secondary indicators present. The adjacent drainage ditch is four feet deep. The Minnesota Drainage Guide indicates at a four foot deep open ditch has a lateral drainage affect of 87 feet for this soil type. OILS lap Unit Name (Series and phase): Barronett silt loam axonomy (Subgroup): Mollie Ochraqualfs rofile Description: epth Horizon* 0 Drainage Class: poor Confirm Mapped Type ?: yes Texture, Structure, Matrix Color(moistl Mottle Colors(moist) Mottle Abundance /Contrast Concretionsetc. 10YR3/1 n/a n/a sift loam not determined as investigator is not certified soils scientist. ydric Soil Indicators 'manic soils: Histic Epipedon: Sulfidic material: Aquic or Preaquic Moisture Regime: on or Manganese Concretions: High Organic content in Surface Layer in Sandy Soils: educing Conditions (Confirmed by Measurement): Gleyed, Low Chroma, and Low - Chroma mottled Soils: x ther (Explain in remarks): emarks: \NDSCAPE POSITION: (See attached diagram showing location of sampling point on landscape.) ETLAND DETERMINATION . ydrophytic Vegetation Present? no 'etland Hydrology Present? no ydric Soils Present? yes ?marks: One of three parameters present. Is the sampling point within a wetland? no Page 31 FEB. - 099'96(FRI) 11 :59 PREFERRED BUILDERS TEL:612 180-2.46 P. 00,1 AR New " MP no...T �/ es Bid .y 1 1 0i I W L.F1 N 1MY. 4I.la 1 CO.�NTY ROAL b roti ro A Z - / / t-rj L- r r T 1 � l r T 1 + t 9 l .J fl! t." 1 ft V 917 it " NDRTIIERn STATES POWER ASE1d DWR, t,D muT. unEL • _W Ol. PAR< A / ! o. b✓ W TT W CO. . �WtT P R DOC. NO. w7D9773 w �. W W W W a W W=.. W \ Wn DJ W . IDODIDE.0 U Page 32 1 0 0 0 0 0 0 0 0 0 0 m 0 S 0 0 0 0 0 0 LO RAMSF to Page 33 (loins sheet l7) 1 S. DEPART MINI Vr nuniw,.�••- :OIL CONSERVATION SERVICE SYMBOL 2 28 20 78 7C 70 88 80 12C 120 49 498 49C 49D 75 1008 1000 13 120 123 1328 132C 1320 151 1516 1538 153C 1558 155C 155D 1588 1580 1580 159 1598 161 162 166 1698 169C 170 1740 174F 1770 177C 1770 189 225 2598 264 265 266 298 2988 3016 3028 3020 325 327 3278 3270 329 3400 3400 3428 3420 SOIL LEGEND Map symbols consist of numbers or a combination of numbers and letters: for example, 6, 123,70, and 1008. The number 01 numbers designate the kind of soil and the letter the class 01 slope. Symbols without a slope letter are for level, nearly level, or very gently sloping soils or 104 miscellaneous areas. NAME Ostrander silt Nam, 0 to 2 percent slopes Ostrander silt loam, 2 to 6 percent slopes Ostrander silt 10211, 6 to 12 percent slopes Hubbard loamy sand, 1 to 6 percent slopes Hubbard loamy sand, 6 to 12 percent slopes Hubbard loamy sand, 12 to 18 percent slimes Sparta loamy sand, 0 to 2 percent slopes Sparta loamy sand, 2 to 6 percent slopes Sparta loamy sand, 6 to 15 percent slopes Emmett loamy coarse sand, 3 to 15 percent slopes Emmert gravelly loamy coarse sand, 15 to 25 percent slopes Antigo sill loam, 0 to 2 percent slopes Antigo silt loam, 2 to 6 percent slopes Antigo silt loam, 6 to 12 percent slopes Antigo silt loam, 12 to 18 percent slopes Bluffton loam Copaston loam, 0 to 6 percent slopes Copaslon loam, 6 to 12 percent slopes Webster loam Brill silt loam Dundee fine sandy loam Hayden line sandy loam, 2 to 6 percent slopes Hayden fine sandy loam, 6 to 12 percent slopes Hayden fine sandy loam, 12 to 25 percent slopes Burkhardt sandy loam, 0 to 3 percent slopes Burkhardt sandy loam, 3 to 9 percent slopes Santiago silt loam, 2 to 6 percent slopes Santiago silt loam, 6 to 15 percent slopes Clelek sandy loam, 0 to 6 percent slopes Chetek sandy loam, 6 to 12 percent slopes Ctetek sandy loam, 12 to 25 percent slopes Zimmerman loamy line sand, 0 to 6 percent slopes Zimmerman loamy fine sand, 6 to 12 percent slopes Zimmerman loamy fine sand, 12 to 25 percent slopes Anoka loamy line sand, 0 to 3 percent slopes Anoka loamy line sand, 3 to 9 percent slopes leant' loamy fine send Lino loamy line sand Ronneby fine sandy loam Braham loamy line sand, 1 to 6 percent slopes Braham loamy line sand, 6 to 15 percent slopes Stamford loamy fine sand Cale sill loam, 6 to 15 percent slopes Gale silt loam, 25 to 50 percent slopes Gotham loamy sand, 1 to 6 percent slopes Gotham loamy sand, 6 to 12 percent slopes Gotham loamy sand, 12 to 20 percent slopes Auburndale sill loam Wessel fine sandy loam, 1 to 4 percent slopes Grays silt loam, 2 to 6 pecelet slopes Fitton s1111oam, 1 00 4 percent &popes Soderville loamy fine sand Freer silt loam Mohamed silt loam, 0 to 2 percent slopes Rictrwood silt loam, 2 to 6 percent slopes Lindstrom sill loam, 2 to 4 want &topes Roaholt sandy loam, 1 to 6 percent Mapes Bothell sandy loam, 61015 percent slopes Preblsh loam Dickman sandy loam, 0 to 2 percent slopes Dickman sandy Nam, 2 to 6 percent slopes Dickman sandy loam, 6 to 12 percent slopes Chaska silt loam Whelan alit loam, 1 to 6 percent slopes Whelan sill loam, 6 to 12 percent slopes Kingsley sandy loam, 2 to 6 percent slopes Kingsley sandy Imm, 6 to 12 Dement stapes SYMBOL 342D 342E 3676 402 411 4118 4110 449 452 4538 4530 4530 1548 4540 4540 454F 456 4608 4600 468 4728 4720 472D 481 488F 5048 5040 5040 507 529 529B 529C 540 541 543 544 552 8528 857 8570 858 858C 8598 860C 860D 8610 8610 862 863 896C 896D 896F 1013 1027 1029 1033 1039 1040 1055 18138 1819F 1820F 1821 1827 18278 1847 18486 Page 34 NAME Kingsley sandy loam, 1 2 to 18 percent slopes Kingsley sandy loam, 18 to 30 percent slopes Campo silt loam, 0 to 8 percent slopes Faxon 8111 loam Waukegan silt loam, 0 to 2 percent slopes Waukegan silt loam, 2 to 6 percent slopes Waukegan silt loam, 6 to 12 percent slopes Crystal Lake silt loam, Ito 3 percent slopes Comstock silt loam t0 6 percent slopes Dem0ntreville loamy fine sand, 2 Demontreville loamy line sand, 6 to 12 percent slopes Demontreville loamy Ilne sand, 12 to 25 percent slopes Mahtomedi loamy sand, 0 to 6 percent slopes Mahtomedi loamy sand, 6 to 12 percent slopes Mahtomedi loamy said, I2 t0 25 percent slopes Mahtomedi loamy sand, 25 to 40 percent slopes Barronelt silt loam Baytown silt loam, 1 to 6 percent slopes Baytown silt loam, 6to 12 percent slopes Otter silt loam Channahon silt loam, 1 to 6 percent slopes Channahon sill loam, 6 to 12 percent slopes Channahon silt loam, 12 to 18 percent slopes Kratka fine sandy loam Broda le flaggy loam, 20 to 50 Percent slopes Duluth silt loam, 1 to 6 percent slopes Duluth silt loam, 6 to 12 percent slopes Duluth sill loam, 1210 25 percent slopes Peskin sill loam Ripon silt loam, I to 2 percent slopes Ripon silt loam, 2 to 6 percent slopes Ripon silt loam, 6 to 12 percent slopes SeeIyeville muck Rifle muck Markey muck Cathro muck Karsten muck Urban land— Copaston complex, 0 N 8 percent slopes Urban land— Waukegan complex, 0 to 3 percent 800128 Urban land— Waukegan complex, 3 to 15 percent elopes Urban land—CMtek complex, 0 to 3 percent slopes Urban land— Cnetek complex, 3 to 15 percent elopes Urban land — Zimmerman complex, 1 to 8 pageant slopes Urban land— Hayden — Kingsley complex, percent slopes Urban land—Hayden— Kingsley complex, 15 to 25 percent Urban land— Kingsley complex, 3 to 15 percent o es Urban land— Kingsley complex, 15 t0 25 pee Urban land— Durdas complex, 1 to 4 percent slopes Urban land—Lino complex, 0 103 percent�slopaa Mahtomedl— Kingsley complex, 3 to 12 De rw Mahte edl— Kingsley complex, 12 to 25 percent slopes Mahtomedi— Kingsley complex, 25 to 40 percent slopes Pits, quarry UOathents, wet substratum Pits, gravel Udlflurenls Urban land UOO1nents Aquolls and 1115005015, pendad 1.100 Variant loamy fine sand, 2 to 6 percent slopes Daemon —Rock outcrop complex, 25 to 65 percent slopes Mahtomedi Variant —Rock outcrop complex, 25 t0 60_percefS.SkOIS Algansee loamy sand percent slopes Variant silt loam, 0 to 2 p Waukegan Variant slit loam, 2 to 9 pelcant slopes Banonett sill loam, sandy substratum Sparta loamy sand, bedreCk substratum, 0 to 6 percent slopes 246 SOIL SURVEY TABLE 17.-- CLASSIFICATION OF THE SOILS [An asterisk in the first column indicates that the soil is a taxadjunct to the series. See text for a description of those characteristics of the soil that are outside the range of the series] Soil name Family or higher taxonomic class Algansee *Anoka Antigo Aquolls Auburndale Barronett Baytown Bl omford Bluffton Braham *Brill *Brodale Burkhardt Campla Cathro Channahon Chaska Chetek *Comstock Copaston *Crystal Lake Demontreville Dickman Dorerton *Duluth Dundas Emmert Faxon *Freeon Freer Gale Gotham *Grays Hayden .Histosols Hubbard Isanti Kerston Kingsley Kratka Lindstrom Lino Lino Variant Mahtomedi Mahtomedi Variant Markey Wessel *Ostrander *Otter *Foskin Prebish Rlehwood Rifle Ripon *Ronneby Rosholt Santiago Seelyeville Soderville Sparta Udifluvents Udorthents Waukegan Waukegan Variant Webster Whelan Zimmerman .i Mixed, mesic Aquic Udipsamments ' Coarse - loamy, mixed Eutric Glossoboralfs Fine -silty over sandy or sandy - skeletal, mixed Typic Glossoboralfs Mixed, frigid Haplaquolls Fine- silty, mixed, frigid Typic Glossaqualfs Fine - silty, mixed, frigid Mollie Ochraqualfs Fine -silty over sandy or sandy- skeletal, mixed, mesic Typic Hapludolls Loamy, mixed, frigid Arenic Ochraqualfs Fine - loamy, mixed, frigid Typic Haplaquolls Loamy, mixed, Arenic Eutroboralfs Fine -silty over sandy or sandy - skeletal, mixed Typic Glossoboralfs Loamy - skeletal, carbonatic, mesic Entic Hapludolls Sandy, mixed, mesic Typic Hapludolls Fine- silty, mixed Typic Glossoboralfs Loamy, mixed, euic Terris Borosaprists Loamy, mixed, mesic Lithic Argiudolls Fine - loamy, mixed (calcareous), mesic Mollie Fluvaquents Coarse - loamy, mixed Eutric Glossoboralfs Fine - silty, mixed Aquic Glossoboralfs Loamy, mixed, mesic Lithic Hapludolls Fine - silty, mixed Typic Glossoboralfs Loamy, mixed Arenic Eutroboralfs Sandy, mixed, mesic Typic Hapludolls Loamy - skeletal, mixed, mesic Typic Hapludalfs Fine- loamy, mixed Glossic Eutroboralfs Fine - loamy, mixed, mesic Udollic Ochraqualfs Sandy- skeletal, mixed, frigid Typic Udorthents Fine - loamy, mixed, mesic Typic Haplaquolls Fine - loamy, mixed Typic Glossoboralfs Fine- loamy, mixed, frigid Aerie Ochraqualfs Fine -silty over sandy or sandy - skeletal, mixed, mesic Typic Hapludalfs Sandy, mixed, mesic Psammentic Hapludalfs Fine - silty, mixed, mesic Mollie Hapludalfs Fine- loamy, mixed, mesic Typic Hapludalfs Euic, frigid Histosols Sandy, mixed Udorthentic Haploborolls Sandy, mixed, frigid Typic Haplaquolls Euic, mesic Fluvaquentic Medisaprists Coarse - loamy, mixed, mesic Mollie Hapludalfs Sandy over loamy, mixed, frigid Typic Haplaquolls Fine - silty, mixed, mesic Cumulic Hapludolls Mixed, frigid Aquic Udipsamments Mixed, frigid Alfic Udipsamments Mixed, frigid Typic Udipsamments Mixed, frigid Typic Udipsamment Sandy or sandy - skeletal, mixed, euic Terris Borosaprists Fine- loamy, mixed, mesic Glossaquic Hapludalfs Fine - loamy, mixed, mesic Typic Hapludolls Fine - silty, mixed, mesic Cumulic Haplaquolls Fine -silty over sandy or sandy - skeletal, mixed Aquic Glossoboralfs Coarse - loamy, mixed, frigid Typic Haplaquolls Fine - silty, mixed, mesic Typic Argiudolls Euic Typic Borohemists Fine - silty, mixed, mesic Typic Argiudolls Coarse - loamy, mixed, frigid Aerie Fragiaqualfs Coarse - loamy, mixed Typic Glossoboralfs Fine- loamy, mixed Typic Glossoboralfs Euic Typic Borosaprists Sandy, mixed Aquic Glossoboralfs Sandy, mixed, mesic Entic Hapludolls Sandy, mixed, frigid Udifluvents Mixed, frigid Udorthents Fine -silty over sandy or sandy - skeletal, mixed, mesic Typic Hapludolls Fine -silty over sandy or sandy skeletal, mixed, mesic Typic Hapludoll Fine - loamy, mixed, mesic Typic Haplaquolls Fine - loamy, mixed, mesic Typic Hapludalfs Mixed, frigid Alfic Udipsamments Page 35 * V.S. OOW[M*OMT MMrtMK O YC .111•NOW • . E ?Felt • no\ 0\- -ItEMF Cd • O1Q A 6 IMCri ?CML• • .p? �•'_„`- ?AbCK,. _••.�� Ply • 1E■A -M518 1F RG -ti PEMEd � ....,.:4 • T.: •-tiCt's • l . t: i talA,■:0lRAt• SIC • PSSIC4 '•1 . Ptff01C $.11/4 ••.'; adialpi: . : • we"... liv . : 1 �f..„ --a -n or r+ t . . • .• •: I�, , ?DAR 1EMie 4I •t 1C rfoX.� .. „;.::� �p....1..� -4PKd TEMCd NSW .:‘...A2±•&.;•••• . :i :± f uu�� PENd if J r' . 't.> Mt.'” 3' j • PEMC t Wo J Pu : r. uit K�•dit IS1. PAUL CAST1 ,. ibis document was prepared primarily by etereosCopic . ''' SYMBOLOGY EXAMPLE - . • antnysis of high altitude aerial photographs. Wetlands were - , , , ' identified on the photographs based on vegetation. visible ..., . hydrology, and geography in accordance with Classitica- - ' SYSTEM .:—..4 Wationebt "Art neenwerer Habitats of the United I SUBSYSTEM Paqe 36 A FEET P ) -IL &CAPITOL) 3.2 Ml. R. 22 W.f7 ) 494 2.6 Mt. TO MINN. 212 (57. PAUL EAST Page 37 DATE: TO: FROM: RE: FILE: MEMORANDUM May 16, 1996 Scott Tango Paul Heuer Stoneridge Development 372 General /372 -234 Bonestroo Rosen Anderlik & Associates Engineers & Architects I have received and reviewed the grading and utility plans dated January, 1996 for the above mentioned project and offer the following comments: SAMTALLSEMLEILLWATERMAllti The owner proposes to connect to existing City sanitary sewer and water main primarily along the southern ditch of County Road D. Our records show that the trunk sanitary sewer along C.R. D may be somewhat shallow and could present problems in serving all of the proposed lots by gravity. The proposed 6" water main is shown having a 90 degree bend just north of Lot 4. Bends should be added which would lessen the sharpness of the angle, St 40 ' 1t ti al t tt:k, The owner requests a one foot variance of right -of -way width at the north end of the plat. From a design and safety standpoint, we have no objection to granting this variance. The 55 foot radius curve in the street does not pass minimum standards for 30 tnph (275 foot). If Council chooses to accept this plat configuration, we recommend that the owner provide appropriate warning signing for southbound traffic. The low point on the street is proposed to be placed at a location that is not near the proposed pond. It is not clear where the water overflows to during heavy rainfall events. it is suggested that the low point be situated adjacent to the pond, with a clearly defined overflow to the pond. If the current design is carried out, a swale should be clearly defined on the grading plan at the prescribed overflow location, possibly with an easement of additional width. We are concerned about the drainage along the existing ditch at the west edge of this plat. It appears that the area does not drain well now. The City should consider correcting this problem before this development occurs. It is not clear what impact the new grading will have on this ditch. It roust be verified that drainage in the ditch will not be adversely impacted. Depending on the current drainage patterns along the southern ditch of C.R. D, a culvert may he needed beneath the proposed street at it's connection to C.R. D. 296:0N 20/20:g 69:2L. 96/L6150 Page 38 S31VI30SSV 00211S3NO2 We will need to see more information regarding the design of the pond. We have concerns if the pond is designed to hold water for an extended period of tune, given the close proximity to houses (child safety). We are uncomfortable with the flared end section in Lot 9. If this inlet is necessary, perhaps it could be in the form of a catch basin with R4342 casting closer to or in the right -of -way. The grades in this area must he well thought out and detailed. For instance, the grades around the inlet must be gradual so as not to litnit the owner's use of his yard. Also, during heavier rainfalls, when the area around the inlet floods, the overflow onto the street must be such that the ponding Ievel remains significantly lower than the house elevation. MISCELLANEOUS Soil borings shall be submitted to the City for use in evaluating the proposed grading plan, pavement design, pipe bedding and the water table elevation. The plans show that in various areas, sanitary sewer, water main, storm sewer, ponding and trails are proposed to lie on or abut private property. Appropriately sized easements will be required. The owner of this development is reminded that their proposed grading and storm sewer plan should be submitted to the Ramsey- Washington Metro Watershed District for approval. In addition, Ramsey County may require some submittals and permits related to working within their righbof- -way, and drainage and traffic issues. 296:0N £0/£O: 14.I 6h :2L. 96/LL/50 Page 39 LL£L9£9Zi9 °. SIIVIDOSSV OO11163N09 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM A TO: Mayor Fahey & Members of the City Council FROM: Scott Tangen, Public Works Director DATE: May 17, 1996 RE: Stoneridge Development MAYOR Michael L Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson I have reviewed the grading and utility plans for the Stoneridge development with Paul Heuer of Bonestroo, Rosene, Anderlik & Associates. I agree with Paul's statements regarding this development. SRT:kpv PAGE 39 A • r • r. <0' :iil 1'F. •dr.• PjV_. i a }: •a t. .�-y 1� '.rc �l` od 4 • j • _tr.Tf• - J •C U %v nn rof V <• tlO , 4ty .ilnr-tc':tr• y� •: ` n tom o., d a [� .l n•O2f (t coili ,O.r Ri.ol {.I ' �M +t.,y Cm. • Viii wo r rte ` f N _ < '•O Of f.N f• --T61 �.� •TFf1 `i •i• N _ ► ^•O ryO- :'Li. Jos o trvm ^ • c ' ' N t W ,pzr �C D t • i`e . `S. • 3 �• p ^y 1 'ter% 7 ;1rN �Q i. 'O 0 u fa . h C <b \ �I ` M .. a 0 j t..°.� %r lent" • .{2<< %J r. 1 NO N . °' 1 `b Q V • +.C^ ��: .£N o J ^'J a8 °a h� I_ 003_ e ::�..�- % /er `{ O In P .I0 fG orl -•m to ♦ O nR1`:a.yl4 w•-sO l o a m f- •^`'� W9 ci�:f. _ i Qt' Syr: /� _a F e--t ' i°4 °. n nom � •o . l•!V t • r. .�',��- ^ pS fq .—•/r 2 rP� • 4 m - °tL- !( P z N q [�1—' ; a 1- C ° i fO• •D $"h {`Ov +. F 14 • N N W a 4r '.; so 1/41 .'�l j m• • me •' rlNUn (L m1 V l� I. 2t T '7ilf ii' -.�^T T•� Ars Q A .mTl LIi .4: i�• s 3iD*ID Q NidSV • t 1 CC . f t C Al 'i'— • �• • \ •rl •l•S N J 1 r l• • ••I a • „r 1'1 �r`s • I • vA^ ii"fi} ym '< • lj ? .., • 7 ''nt Y 4t 0 .31 1•i ;3- � .1I - : -0 m • _ A -r `A m • N A J m la 2:— z • I �3 Y _ I a 1 ^1-- 0 yOP a .. Or • s I°•4 .� M' 1 t It'asl • 1 _ m ° y•Il•1 �m�p trt f t •s fl ♦r Page 40 • MINUTES OF THE REGULAR MEETING PARKS & RECREATION COMMISSION LITTLE CANADA, MINNESOTA FEBRUARY 1, 1996 Pursuant to due call and notice thereof a regular meeting of the Parks & Recreation Commission of the City of Little Canada, Minnesota was held on the 1st day of February, 1996 in the Council Chambers of the City Hall located at 515 East Little Canada Road in said City. Chair Karen Johnson presided and called the meeting to order at 7:33 p.m. and the following members of the Commission were present at roll call: MEMBERS PRESENT: Ms. Karen Johnson, Chair Mr. Howard Remerowski Ms. Pat Ables Mr. Troy Rajanen Mr. Tom Holm MEMBERS ABSENT: Ms. Colleen Doolittle Mr. Jim Greger ALSO PRESENT: Mr. Joel Hanson, City Administrator Mr. Scott Tangen, Public Works Director Mr. Bill Sanders, Park Consultant Ms. Mary Granley, Rec. Secretary MINUTES Remerowski recommended that the minutes of the January 4, 1996 meeting be approved as read. Motion seconded by Ables. Motion carried 5 - 0. SCOTT TANGEN Johnson introduced and welcomed new Public Works Director Scott Tangen. The City Administrator gave a synopsis of the required job duties for this position, and Tangen reviewed his previous duties as a Project Manager in the Engineering Department for the City of West St. Paul. DENERY PROP- Ken Gust, an engineer representing the developer of the Denery ERTY property, presented the preliminary plat for "Stoneridge ", the proposed development. Sanders, assisted by Gust, clarified which portions of land are wetland, which are earmarked for park land, which are proposed to be dedicated in lieu of a park fee, which are proposed to be bought by the City from the Denery landowners, and which are proposed to be sold by the City to the Denery landowners. The City Administrator detailed the concept of the land "trade" as initially discussed, emphasizing this information is presented without benefit of a purchase agreement. The 1 Page 41 PROPERTY DI- VISION 427 E VIRING DRIVE City Administrator stated that the triangular piece of land was to be sold to the Denery property landowners for a price of $15,000, and the Denery property landowners were dedicating the southerly portion of their property to the City. He explained this would provide the City with another segment of property under the power lines, thus enabling the City to further extend the trailway. He further revealed that the City would be taking a park charge for the three lots . on the west side of the proposed development in addition to the land transactions. Remerowski questioned who would be paying for the connection segment of trail within this development, and what the trail material would consist of. Sanders answered that the developer is usually the one who would pay. Remerowski questioned whether Gust was aware of this additional financial responsibility. Gust replied he was, but wanted further clarification as far as where the trail would begin and end. Remerowski explained the trail would be between lots 5 and 6, and connect to the land under the power lines. Gust stated he would make note of this consequence for the developer. First, Remerowski made a motion to approve a 6 foot asphalt trail with a low split rail fence at the entrance between lots 5 and 6, to be paid for by the developer. In addition, Remerowski further moved that land be accepted in lieu of a park charge for the development of lots 4, 5, 6, 7, 8, and 9, and a park charge of $625 per lot be assessed for lots 1, 2, and 3. Lastly, Remerowski moved that the purchase price for the triangular piece of property to be sold to the Denery landowners be $.40 per square foot, or approximately $15,000, and that this money be placed in the park acquisition fund. Holm seconded the motion. Motion carried 5 - 0. Gust questioned if the City had personnel assigned to determine if trees on the edge or right of way of this development should be removed, if necessary, and if removed, which would need to be replaced due to a tree preservation ordinance. The City Administrator relayed that the City does have a tree preservation ordinance, and that Mr. Gust could work with staff to address compliance. Johnson stated that correspondence was received from Roland L'Allier, 427 East Viking Drive, requesting he be allowed to split his property. Sanders remarked this request is standard, and the lot split would not impact any park land. Sanders recommended the standard lot charge. Holm made a motion that the standard lot charge be accepted for the lot split for 427 East Viking Drive. Motion seconded by Johnson. 2 Page 42 MINUTES CITY COUNCIL FEBRUARY 28, 1996 in front of the L'Allier property, the cost of which is estimated at $14,000. Fahey pointed out that new lots do not have the option of putting in a well if water main is available. City ordinance requires water main be run to a property if that property is being divided. The City is saying they are willing to defer this requirement, if L'Allier will sign the Waiver. Fahey pointed out that L'Allier could work the cost of water main into the purchase price of the lot. L'Allier reported he was not planning to sell the lot. L'Allier indicated he would not proceed with the lot split if he were required to sign a Waiver. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 96 -2 -45 - APPROVING THE DIVISION OF 427 EAST VIKING DRIVE INTO TWO SINGLE - FAMILY LOTS AS REQUESTED BY ROLAND L'ALLIER SUBJECT TO COMPLIANCE WITH THE RECOMMENDATIONS OF THE CITY PLANNER AS OUTLINED IN HIS REPORT DATED FEBRUARY 2, 1996, SUBJECT TO PAYMENT OF THE APPROPRIATE PARK CHARGE AS RECOMMENDED BY THE PARK & RECREATION COMMISSION, AND SUBJECT TO MR. L'ALLIER SIGNING A WAIVER OF RIGHT TO APPEAL SPECIAL ASSESSMENT FOR BOTH PARCELS FOR FUTURE WATER MAIN IMPROVEMENT ON VIKING DRIVE WITH THE INDICATION THAT MR. L'ALLIER WILL BE DEEMED IN FAVOR OF SUCH IMPROVEMENT AND INDICATING THAT WHEN THE NEW LOT IS DEVELOPED, IT WILL BE REQUIRED TO CONNECT TO CITY WATER MAIN The foregoing resolution was duly seconded by LaValle. Ayes (5) Fahey, LaVaile, Scalze, Pedersen, Morelan. Nays (0). Resolution declared adopted. PRELIMINARY Fahey opened the public hearing to consider the PLAT - preliminary plat for Stoneridge which consists of STONERIDGE nine single - family lots on a cul -de -sac south of County ® Road D and west of LaBore Road. Fahey pointed out the Planning Commission as well as City staff has recommended tabling action on the plat since the Watershed is requiring a wetland delineation be done on the property. 6 Page 43 MINUTES CITY COUNCIL FEBRUARY 28, 1996 There was no one from the general public present wishing to speak on this matter. Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 96 -2 -46 - CONTINUING THE PUBLIC HEARING ON THE PRELIMINARY PLAT FOR STONERIDGE BASED ON THE RECOMMENDATION OF THE PLANNING COMMISSION AND CITY STAFF UNTIL SUCH TIME AS THE DEVELOPER SUBMITS A WETLAND DELINEATION FOR THE PROPERTY AS WELL AS A RECOMMENDATION FROM THE WATERSHED ON THE PRELIMINARY PLAT The foregoing resolution was duly seconded by Scalze. Ayes (5) Morelan, Scalze, Fahey, LaValle, Pedersen. Nays (0). Resolution declared adopted. KELLER Fahey reviewed the results of the survey of Keller PARKWAY Parkway property owners which asked if they supported PARKING the posting of both sides of Keller Parkway from SURVEY Edgerton Street to Arcade Street as no parking. Currently, the lake side of the street is posted as no parking. Of the 33 surveys which were mailed, 25 were returned. 16 property owners supported no parking on both sides of the street, 8 property owners did not support, and 1 property owner did not check either box. Morelan indicated that in reviewing the comments made by property owners on the survey form, there were some valid issues raised. Morelan stated he had a difficult time saying property owners could not park on the street in front of their house. Morelan suggested the no parking on the lake side of the street be retained and enforced. Morelan felt that would address the safety issues along Keller Parkway. Morelan also felt most people use the lake side of the street for walking and biking. Fahey pointed out the majority of property owners on the lake are in favor of the no parking ban. Fahey stated he appreciates comments of property owners that living on a hill makes it difficult to provide parking for guests. However, a no parking ban would reduce a nuisance in the neighborhood and keep the area more attractive around the lake. Fahey stated he would support the no parking ban based on the comments of the 7 Page 44 MINUTES PLANNING COMMISSION MAY 9, 1996 Regnier replied that the second garage would be used to store his personal belongings. The Planner noted that if the second garage structure were combined with the existing garage, the CUP would be necessary only for size. However, given that the existing garage does not have enough clearance, the additional space probably needs to be a separate structure. Keis pointed out that the proposal is within the range of square footage the City has approved in the past. Montour asked the height proposed for the garage. Regnier reported that he is proposing a 10 -foot ceiling and an 8 -foot garage door. The Planner pointed out that the City's height limitation is 15 -feet to the mid -point of the roof peak if the structure has a gable roof. The Planner also pointed out that there must be a minimum separation of 6 feet between the two accessory buildings. Carson recommended approval of the Conditional Use Permit for a second accessory building resulting in total accessory space in excess of 1,000 square feet as requested by Mr. David Regnier for property located at 2947 Centerville Road subject to compliance with the recommendations of the City Planner as outlined in his report dated April 8, 1996, and subject to the accessory structure meeting all building code requirements. Motion seconded by Knudsen. Motion carried 6 - 0. PRELIMINARY Mr. Ken Gust appeared before the Commission requesting PLAT - preliminary plat approval of Stoneridge Addition, a STONERIDGE single - family development consisting of nine lots. ADDITION Gust reported that a wetland delineation has been prepared. That delineation has been reviewed and accepted by the Watershed. The Planner pointed out that the preliminary plat was before the Commission earlier this year. At that time, 2 Page 45 MINUTES PLANNING COMMISSION MAY 9, 1996 CONDITIONAL USE PERMITS - ACCESSORY BUILDINGS the Watershed recommended action on the plat be tabled until a spring wetland delineation could be prepared. That has been done, and the Watershed has accepted the delineation. As a result, the preliminary plat as designed is acceptable to the Watershed. The Planner also pointed out that a variance of one foot is necessary for right -of -way width at County Road D. There is 49 feet of right -of -way at County Road D, and the Code requires a 50 -foot right -of -way for residential streets. The County Road D property owners immediately east of where the road is proposed indicated that the County would like their driveway access to come in off Stoneridge. Mark Ashby, developer of Stoneridge, pointed out that the City Planner has suggested the County may raise the issue, and that the developer should check with the property owner to determine if their driveway access can be via Stoneridge Court. There was no one else present from the general public wishing to comment on this matter. Keis recommended approval of the one -foot variance for street right -of -way for Stoneridge Court at its entrance from County Road D based on the recommendation of the City Planner in his February 2, 1996 report. Motion seconded by Barraclough. Motion carried 6 - 0. Carson recommended approval of the Preliminary Plat for Stoneridge Addition subject to the recommendations of the City Planner as outlined in his report dated February 2, 1996. Motion seconded by Knudsen. Motion carried 6 - 0. The Commission reviewed the Administrative Assistant's report dated April 24, 1996 summarizing the City's actions over the past few years in approving Conditional Use Permits for accessory buildings. 3 Page 46 C 1 294a 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 May 16, 1996 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: 1996 License Renewals MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Attached are listings of 1996 renewals for the following licenses (license period July 1, 1996 through June 30, 1997): Liquor Licenses; Entertainment Licenses; Amusement Device Licenses; Cigarette Licenses. Since I am waiting for submission of Certificates of Insurance from some licensees, as well as a few Sheriff's Department Background Checks, renewals should be approved pending receipt of proof of appropriate insurance coverage as well as satisfactory background checks. Page 47 e+ 1 S: 25d "TJG2'i e� ek 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 4538 1996 LIQUOR LICENSE RENEWALS ON -SALE LIQUOR LICENSE Brady's on Rice Street Gordies Place Hoggsbreath Saxon Lanes Venetian Inn ON -SALE SUNDAY LIQUOR LICENSE Brady's on Rice Street Gordies Place Hoggsbreath Saxon Lanes Venetian Inn ON -SALE WINE LICENSE My Le Hoa ON -SALE 3.2 PERCENT MALT LIQUOR LICENSE My Le Hoa OFF -SALE LIQUOR LICENSE MGM Liquors Moon Bay Liquors Tierney's Liquors OFF -SALE 3.2 PERCENT MALT LIQUOR LICENSE Gas -N -Go Superette Sinclair Station Tom Thumb Grocery Twin Cities Stores ENTERTAINMENT LICENSE Brady's On Rice Street Hoggsbreath Saxon Lanes Venetian Inn AMUSEMENT DEVICE LICENSE Brady's On Rice Street Gordies Place Hoggsbreath Saxon Lanes Venetian Inn Page 48 MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaVaile Steve Moreton Bob Pedersen ADMINISTRATOR Joel R Hanson 29(4z carne Ceek 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 1996 CIGARETTE LICENSE RENEWALS Brady's on Rice Street DVM, Inc. (Hoggsbreath) Food N Fuel Gas N Go GJ's SuperValu Gordie's Place Kath Bros. MGM Liquors Moon Bay Liquors Saxon Lanes Sinclair Marketing Snyder Drug Store Tierney's Liquors Tom Thumb Store #115 Twin City Stores Union 76 Venetian Inn Page 49 MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson C44 2474 ciasek 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: May 17, 1996 RE: Replacement of Warning Siren MAYOR Michael L Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Don Smiley informed me that the warning siren we share with Vadnais Heights is no longer operational. The siren is over 20 years old and would cost over $4,000 to repair. Vadnais Heights officials favor replacement of the siren and our staff concurs. The estimated maximum cost for this undertaking is $13,500 including radio controls and installation. This amount would be split on a 50/50 basis with Vadnais Heights. It is the recommendation of staff that we authorize an expenditure from our capital improvement fund for the replacement of this siren at a cost not to exceed $6,750. JRH:kpv Page 50 C44, � 291414 Ca 515 Little Canada Road, Little Canada, MN 55117-1600 (612) 484 -2177 / FAX: (612) 484 4538 May 16, 1996 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: June 12th City Council Meeting MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson As you know, the League of Minnesota Cities' Annual Conference will be held in Rochester this year on June 12th through June 14th. Council Members Morelan and Pedersen, as well as the City Administrator, are planning to attend. Therefore, it is the recommendation of staff that the June 12th regular Council meeting be rescheduled to Tuesday, June 11, 1996 at 7:30 P.M. Page 51 Thomas M. Sweeney George F. Borer Paul T. Ostrow Patrick J. Sweeney Robin D. Tomney Sweeney, Borer & Ostrow Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul 22esolt9g5b5102 Ms. Kathy Glanzer Administrative Assistant 515 Little Canada Road Little Canada, MN 55117 Re: Liquor Legislation Our File No. 8381 Dear Kathy: Telephone (612) 222 -2541 Facsimile (612) 223 -5289 As you may know, the Minnesota Legislature recently enacted new provisions of Minn. Stat. §340A relating to temporary liquor licenses and the terminology "nonintoxicating liquor ". A copy of the new provisions, which are effective on August 1, 1996, is enclosed. As you will notice, Minn. Stat. §340A.410 limits the number of temporary licenses a city may issue. Our code, Section 702.020(2), has no limit on the number of licenses that can be granted. Nonetheless, as long as we are aware of and comply with Minn. Stat. §340.410, it may not be necessary to change our ordinance on this issue. In addition, Minn. Stat. §340A.411 has added a subdivision 3 which reads: "A political subdivision may not issue a 3.2 percent malt liquor license that includes the term 'nonintoxicating liquor'." The new law also has changed the term "nonintoxicating liquor" to "3.2 percent malt liquor" wherever it appears in Minnesota statutes. Therefore, the City should not issue any liquor license using the terminology "nonintoxicating liquor ". Furthermore, we may want to adjust the language in the code in the same manner that the statutory language has been changed. Please contact us with direction as to what, if any, changes the Council believes are necessary with respect our liquor ordinances. PJS:gc Enclosure cc: Joel R. Hanson (with enclosure) Very truly yours, 4 BgRER & OSTROW cyE Sweeney Page 52 APR 06 '96 03 :11AM AN ACT CHAPTER No. 323 H.F. No. 2788 1 2 relating to liquor; modifying restrictions for 3 temporary on -sale licenses; discontinuing the use of 4 the term "nonintoxicating liquor "; amending Minnesota 5 Statutes 1994, section 340A.411, subdivision 1, and by 6 adding a subdivision; Minnesota Statutes 1995 7 Supplement, section 340A.410, subdivision 10. 8 BE IT ENACTED BY THE LEGISLATURE OP THE STATE OF MINNESOTA: g Section 1. Minnesota Statutes 1995 Supplement, section 10 340A.410, subdivision 10, is amended to read: 11 Subd. 10. (TEMPORARY LICENSES; RESTRie'YneN- ON- NUMBER 12 RESTRICTIONS.) jai A municipality may not issue more than 13 three four -day, four three -day, or six two -day temporary 14 licenses, in any combination not to exceed 12 days per year, 15 under section 340A.404, subdivision 10, for the sale of 16 alcoholic beverages to any one organization or registered 17 political committee, or for any one location, within a 12 -month 18 period. 19 (b) A municipality may not issue more than one temporary 20 license under section 340A.404, subdivision 10, for the sale of 21 alcoholic beverages to any one organization or registered 22 political committee, or for any one location, within any 30 -day 23 period. 24 Sec. 2. Minnesota Statutes 1994, section 340A.411, 25 subdivision 1, is amended to read: 26 Subdivision 1. (0N -SALE LICENSES.) On -sale nonintexicating Page 53 P.13 APR 08-796 03 :11HrI CHAPTER No. 44.+ H.P. No. 2788 licenses may only be issued to 1 3,2 ercent malt liqu or clubs, bowling centers, and 2 drugstores, restaurants, hotels, for the sale of 3.2 percent malt 3 establishments used exclusively 4 liquor with the incidental sale of tobacco section oft dll lti. 5 Sec. 3. Minnesota Statutes•1994, 6 amended by adding a subdivision to read: 7 Subd. 3= (TERMINOLOGY.) A olitical subdivision not8 issue a 3.2 •ercent malt liquor license that includes the term 9 "nonjatin li uor." INSTROCTION TO REVISOR.I 10 Sec. 4. ( the words 11 The revisor of statutes shall chap e ear words Minnesota 12 "nonintoxicatin• 11 uor" wherever the a 13 Statutes and Minnesota Rules to "3.2 •ercent malt 1i• or . Page 54 2 LIQUOR AND BEER Chapter Page 701. Definitions 1 -2 702. Nonintoxicating 3.2 Percent Malt Liquor 1 -7 703. Intoxicating Liquor 1 -10 704. Special On -Sale Wine Licenses 1 705. Bottle Clubs 1 706. Dancing and Entertainment License 1 -2 701. DEFINITIONS 701.010. TERMS. For the purposes of this chapter the following terms have the meanings given them: (a) "Alcoholic Beverage" is any beverage containing more than 1/2% alcohol by volume. (b) "Club" is an incorporated organization organized under the laws of the State for civic, fraternal, social or business purposes, for intellectual improvement or for the promotion of sports, or a congressionally chartered veteran's organization, which: (1) has more than 50 members; (2) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent or employee shall receive any profit from the distribution of sale of beverage to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. (c) "Intoxicating Liquor" is ethyl alcohol, and any distilled, fermented, spirituous, vinous, and malt liquid of any kind potable as a beverage which contains an alcohol content in excess of 3.2% there of by weight or 4% by volume. (d) " Nonintoxicating 3.2 Percent Malt Liquor" is malt liquor containing not less than 1/2% alcohol by volume nor more than 3.2% alcohol by weight. (e) "Off- Sale" is the sale of liquor in original packages, in retail stores, for consumption off or away from the premises where sold. (f) "On -Sale" is the sale of liquor by the glass for 701 -1 Page 55 consumption on the premises only. (g) "On -Sale A Restaurant" is a restaurant meeting the minimum requirements set forth in Section 703.020. (h) "On -Sale Intoxicating Liquor Premises" is a place used, maintained, advertised or held out to be a place where intoxicating liquor is sold for consumption on the premises, and in addition to such sale of intoxicating liquor also provides dancing, signing, or vaudeville performances or entertainment for its guests, or provides for them the privilege of dancing. (i) "Persons" are individuals, corporations, partnerships and associations. (j) "Temporary On -Sale" is the on -sale of liquor for consumption on the premises the licensee owns or permanently occupies for a specified period. not to (k) "On -Sale Wine" is the sale of wine not exceeding 14% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. (1) "Wine" is sparkling and carbonated wine, wine made from condensed grape, must, wine made from other agricultural products then sound, ripe grapes, imitation wine, compound sold as wine, vermouth, cider, perry and sake, in each instance containing not less than 7% no more than 24% alcohol by volume for non - industrial use. 701.020. ADDITIONAL TERMS. For purposes of this Chapter, any terms not defined above shall have the meanings given them in Minnesota Statutes Section 340A.101. 701.030. PROVISIONS OF STATE LAW ADOPTED. Except where specifically set forth in this Chapter, the provisions of Minnesota Statutes Chapter 340A relating to licensing, consumption, sales, financial responsibility of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out in full. (Source: Ord. 345) 701 -2 Page 56 702. 3.2 PERCENT MALT LIQUOR 702.010. LICENSES REQUIRED. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any nonintoxicating 3.2 percent malt liquor within the City without first having received a license as hereinafter provided. 702.020. TYPES OF LICENSES. Licenses shall be of three kinds: (1) "on- sale "; (2) temporary "on- sale "; (3) "off- sale ". (1) "On- sale" licenses shall be granted only to restaurants, hotels, drug stores and clubs. "On- sale" licenses shall permit the sale of nonintoxicating 3.2 percent malt liquor for consumption on the premises only. (2) Temporary "on- sale" licenses shall be granted only to organizations organized for social purposes, business purposes, for intellectual improvement, or for the promotion of sports where the serving of nonintoxicating 3.2 percent malt liquor is incidental to and not the main purpose of the organization, or to charitable, religious, or nonprofit organizations. (3) "Off- sale" licenses shall permit the sale of nonintoxicating 3.2 percent malt liquor at retail, in the original package for consumption off the premises only. 702.030. WRITTEN APPLICATION. (1) Form. Every application for a license to sell nonintoxicating 3.2 percent malt liquor shall be made to the City Administrator on a form supplied by the City and containing such information as the City Administrator or the City Council shall require. Each application, shall include, at a minimum, the name and place of residence of the applicant, the exact location of the place at which the applicant proposes to carry on the business of selling nonintoxicating 3.2 percent malt liquor, and whether or not he or she has at any time previous to the date thereof been engaged in said business or in the business of selling food stuffs in the City, and if so, when and where. It shall be unlawful to make any false statement in an application. Every application for the issuance or renewal of a license shall include a copy of each summons received by the applicant under Minnesota Statutes Section 340A.802 during the preceding year. (2) Proof of Financial Responsibility. Prior to the issuance of a nonintoxi ating 3.2 percent malt liquor license, the applicant shall demonstrate proof of financial responsibility as defined in Minnesota Statutes Section 340A.409, Subdivision 1, with reference to liability under Minnesota Statutes, Section 340A.801. The applicant shall demonstrate that such proof has been filed with the Commissioner of Public Safety where required under Minnesota 702 -1 Page 57 Statutes Section 340A.409. Proof of financial responsibility shall be required prior to the issuance of any nonintoxicating 3_2 percent malt liquor license regardless of the provisions of Minnesota Statutes Section 340A.409, Subdivision 4. Any liability insurance policy filed as proof of financial responsibility under this subdivision shall conform to the requirements of Minnesota Statutes Section 340A.409. The minimum requirement for proof of financial responsibility may be given by filing: (a) a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or (b) a bond of a surety company with minimum coverages as provided in paragraph (a); or (c) a certificate of the state treasurer that the licensee has deposited with the state treasurer $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. (3) Approval of Security. Liability insurance policies required by this chapter shall be approved as to form by the City Attorney. Operation of a business licensed by this ordinance without having a file with the State Insurance Commissioner or the City at all times effective security as required in Subdivision 2 is a cause for immediate revocation or suspension of the license. (4) Special Event on City Property. A liability insurance policy for a special event to be held on City property shall name the City as an additional insured. (5) Temporary On -Sale License Application. Applications for Temporary On -Sale licenses shall be made no less than thirty (30) days prior to the commencement of the event on form prescribed by the City Administrator. The license shall be a specific event, and the application shall specify the date(s), time(s) and place of the event. The minimum requirement for proof of financial responsibility may be given by filling: (a) a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or 702 -2 Page 58 more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or (b) a bond of a surety company with minimum coverages as provided in paragraph (a); or (c) a certificate of the state treasurer that the licensee has deposited with the state treasurer $300,000 in cash or securities which may legally be purchased by savings banks or for trust funds having .a market value of $300,000. 702.040. LICENSE FEES. (1) Each application for a license shall be accompanied by a receipt for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the City Administrator shall refund the amount paid. (2) Every license except a temporary license shall run for a period of one (1) year from July 1 in each year. If a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such a fee, any unexpired fraction of a month shall be counted as one month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license. (3) The annual fee for a nonintoxicating 3.2 percent malt liquor license is $100.00 per year. 702.050. APPROVAL OR DENIAL OF LICENSE APPLICATION. (1) The City Council shall investigate all facts set out in the application. The investigation shall include an inspection of the premises by the local Fire Chief and a search to determine whether or not the applicant has a policy record. After such investigation and hearing, the Council shall grant or refuse the application in its discretion. (2) Each license shall be issued to the applicant only and shall not be transferrable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the Council. Upon the death of a nonintoxicating 3.2 percent malt liquor licensee, his or her personal representative may continue operation of the business within the terms of the license for a period of up to but not exceeding 90 days. 702 -3 Page 59 702.060. PERSONS INELIGIBLE FOR A LICENSE. No license shall be granted to or held by any person who: (1) Is under 21 years of age; (2) Has, within five (5) years prior to the application for such license, been convicted of violating any law of this State or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating or nonintoxioating 3.2 percent malt liquor, and cannot show competent evidence under Minnesota Statutes Section 364.03 of sufficient rehabilitation and present fitness to perform the duties of a nonintoxioating 3.2 percent malt liquor licensee; (3) Is a manufacturer of nonintoxicating 3.2 percent malt liquor or is interested in the control of any place where nonintoxicating 3.2 percent malt liquor is manufactured; (4) Is not a citizen or resident alien; (5) Is not a good moral character; (6) Is not the proprietor of the establishment for which the license is to be issued; 702.070. CONDITIONS OF LICENSE AND GROUNDS FOR SUSPENSION OR REVOCATION. (1) Every license shall be granted subject to the conditions in the following paragraphs and all other provisions of this ordinance and of any other applicable ordinances of the City or State law. (2) Compliance with financial responsibility requirements of State law and of this ordinance is a continuing condition of any license grant pursuant to this chapter. (3) No nonintoxicating 3.2 percent malt liquor shall be sold or served to any obviously intoxicated person or to any person under 21 years of age. (4) No person under the age of 21 years shall be permitted to consume nonintoxicating 3.2 percent malt liquor on a license premises. (5) No corporation to which a license has been granted shall transfer any stock in such corporation without the consent of the City Council. The officers of any corporation holding a license shall notify the City Council of any proposed sale or transfer of any stock in the corporation. The transfer of any stock without the knowledge and consent of the City Council shall be deemed sufficient cause for revocation of the license by the Council. 702 -4 Page 60 (6) No manufacturer or wholesaler of nonintoxicating 3_2 percent malt liquor shall have any ownership of, or interest in, an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes Section 340A.301, Subdivision 7. No retail licensee or manufacturer or wholesaler of nonintoxicating 3_2 percent malt liquor shall be a party to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of nonintoxicating malt liquor and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. (7) No nonintoxicating 3.2 percent malt liquor licensee who does not hold an intoxicating liquor license shall sell or permit the consumption or display of intoxicating liquor on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor without first having obtained a permit as required by Minnesota Statutes Section 340A.414. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale. The serving of any liquid for the purpose of mixing with intoxicating liquor shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance. (8) Any peace officer may enter, inspect and search the premises of the licensee during business hours without a search and seizure warrant and may seize all intoxicating liquor found on the licensed premises in violation of Subdivision 7. The licensee shall permit police officers, fire inspectors, and other agents of the City to inspect and examine the place of business. The refusal on the part of an applicant or licensee to permit such inspection shall be sufficient for denial, revocation or suspension of the license. (9) There shall be no dancing, exhibitions or entertainment on the premises of a nonintoxicating 3.2 percent malt liquor licensee unless said licensee holds a "Dancing and Entertainment" license, or the premises are covered by a temporary "on- sale" license. (10) No nonintoxioating 3.2 percent malt liquor licensee shall allow music on the premises between the hours of 9:00 o'clock p.m. and 9:00 o'clock a.m., except where the licensee has obtained a "Dancing and Entertainment" license, or the premises are covered by a temporary "on- sale" license. Such licensee shall, however, be permitted to operate a radio or phonograph between the hours of 9:00 o'clock p.m. and 9:00 o'clock a.m., so long as said radio or phonograph is not an annoyance to occupants of nearby premises, and does not violate local ordinances and State law defining excessive noise as a public nuisance. (11) No nonintoxicating 3.2 percent malt liquor licensee shall 702 -5 Page 61 keep, possess or operate or permit the keeping, possession or operation of, on any licensed premises, or in any room adjoining the licensed premises, any slot machine, dice, black jack table, or any gambling device or apparatus, whether or not said devices are being used in violation of M.S. 609.755 or 609.76. A black jack table which is not being used in violation of M.S. 609.755 or 609.76 shall be exempt from this prohibition. No licensee shall permit any gambling on the licensed premises. This Section shall not preclude lawful gambling pursuant to M.S. 349 nor shall it preclude the possession of properly licensed and registered gambling equipment as defined in M.S. 349.12, Subd. 15. No licensee shall permit the licensed premises or any room therein or any room in any adjoining building, directly or indirectly underhis control, to be used as a resort for prostitutes or other disorderly persons. 702.080. VIOLATION BY AGENT. Every licensee is responsible for the conduct in the licensed establishment and any sale of alcoholic beverages by any employee authorized to sell such beverages is the act of the licensee. 702.090. HOURS OF SALE. No nonintoxicating 3.2 percent malt liquor shall be sold between the hours of 1:00 o'clock a.m. and 8:00 o'clock a.m. on the days of Monday through Saturday, nor between 1:00 o'clock a.m. and 10:00 o'clock a.m. on Sundays. No "on- sale" licensee shall permit the consumption of nonintoxicating 3.2 percent malt liquor during the hours when sale is prohibited, except that the licensee shall be allowed a 30 minute period following closing to clear the premises. Any customer purchasing nonintoxicating 3.2 percent malt liquor prior to 1:00 o'clock a.m., may consume such beverage on the premises up until 1:30 o'clock a.m. Under no circumstances shall any individuals, whether or not customers, other than the owners or employees of the licensee, be allowed to remain on the premises after 1:30 o'clock a.m. 702.100. RESTRICTIONS ON PURCHASE AND CONSUMPTION. (1) The provisions of Minnesota Statutes Section 340A are hereby incorporated by reference into this ordinance, and the sale, purchase or possession of alcohol contrary to State law shall be a violation of this ordinance. (2) It shall be unlawful for any person to consume nonintoxicating malt liquor in any theater, recreation hall, center, dance hall, ball park, or other place of public gathering used for the purpose of entertainment, amusement or playing of games, unless the owner or lessee of the property or sponsor of the event has obtained a license or permit issued by the Park and Recreation Director or his designee. 702.110. SUSPENSION AND REVOCATION. The Council shall either suspend for up to 60 days or revoke any nonintoxicating 3.2 percent 702 -6 Page 62 malt liquor license, or impose a civil fine not to exceed $2,000.00, for each violation upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing. The lapse of required dram shop insurance or bond, or withdrawal of a required deposit of cash or security, shall effect an immediate suspension of any license issued pursuant to this ordinance without further action of the City Council. Notice of cancellation, lapse of a current liquor liability policy or bond, or withdrawal of deposited cash or securities shall constitute notice to a licensee of the impending suspension of the license. Any suspension under this chapter shall continue until the City Council determines that the financial responsibility requirements of this chapter have met. 702.120. GAMBLING DEVICES PROHIBITED. It shall be unlawful for any person duly licensed to sell intoxicating malt liquor to keep, possess or operate or permit the keeping, possession or operation of, on any licensed premises, any slot machine, dice, black jack table, or any gambling device or apparatus, whether or not said devices are being used in violation of M.S. 609.755 or 609.76. A black jack table which is not being used in violation of M.S. 609.755 or 609.76 shall be exempt from this prohibition. It shall be unlawful for any licensee to permit any gambling on licensed premises. This Section shall not preclude lawful gambling pursuant to M.S. 349 nor shall it preclude the possession of properly licensed and registered gambling equipment as defined in M.S. 349.12, Subd. 15. (Source: Ord. 1, Amended: Ord. 114, 236, 302, 330, 345, 348, 361, 364) 702 -7 Page 63 703. INTOXICATING LIQUOR 703.010. LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation to keep or operate an on -sale or off -sale of intoxicating liquor establishment within the limits of the City without first having obtained a license to do so as hereinafter provided. 703.020. TYPES OF LICENSES. There shall be four (4) types of licenses issued for the sale of intoxicating liquor, namely: (a) On -Sale restaurant licenses shall permit the licensee to sell intoxicating liquor for consumption on the premises in conjunction with the consumption of food. (b) On -sale intoxicating liquor license shall permit the sale of intoxicating or nonintoxicating liquor in conjunction with dancing, singing, or vaudeville performances or entertainment for its guests. (c) Off -sale intoxicating liquor license shall permit the licensee to sell intoxicating liquor in original packages for consumption off the premises only. (d) Temporary on -sale intoxicating liquor licenses shall permit the licensee to sell intoxicating liquor for a specified period pursuant to Section 703.110. f no more than thrcc (3) conaccutivc dayo. 703.030. MINIMUM STANDARDS FOR "ON -SALE RESTAURANT" INTOXICATING LIQUOR LICENSE. The following minimum requirements must be satisfied prior to the issuance of an "0n -sale Restaurant" intoxicating liquor license. (1) Initial Investment. An applicant for an "on -sale restaurant" license must initially invest or propose to invest in the business a minimum of Seven Hundred Fifth Thousand Dollars ($750,000.00), excluding land costs but including all fees, site development, utilities, furnishings, fixtures and construction costs based upon 1990 construction costs. The required amount shall be periodically adjusted upward or downward by amendment to this section to reflect changes in construction costs as reflected in commonly accepted construction costs indices. In the case of multi - purpose buildings such as shopping centers, motels, hotels, and the like, only that portion of the building directly attributable to the preparation, handling, storing, consumption or serving of food and liquor shall be considered in determining the value of the investment. In the event that a license is proposed for an existing structure, the fair market value for real estate tax purposes, exclusive of land value, as determined by the City Assessor in the year the license is first issued, may be used in place of construction costs in determining whether the initial 703 -1 Page 64 investment requirement has been satisfied. An applicant holding a leasehold interest in property may also use the fair market value of the property for real estate tax purposes as determined by the City Assessor in the year the license is first issued for determining whether the intial investment requirement has been satisfied. An applicant purchasing an existing licensed business and requesting a license transfer must establish that the fair market value of the business equals the amount of the initial investment required hereunder. The Council may provide for an independent appraisal at applicant's expense, as an aid in determining the investment or the value of said business. In the event this requirement as to investment is not complied with within one year from the date of issuance of the license, the license may be revoked or suspended. (2) Building Area. A restaurant building containing a minimum of 2,000 square feet used for seated dining purposes, including the bar area but excluding the area used for kitchen, storage, restroom facilities, waiting areas, and entrance and exit purposes. (3) Seating Capacity. A restaurant building having appropriate facilities and adequate staff to serve meals at tables and, for seating not less than 100 guests at one time for meals, including seating available for food service in the bar area but exluding seating in a lounge or waiting area. (4) Maximum Liquor Sales. The sale of intoxicating liquor, wine or nonintoxicating 3.2 percent malt beverages shall not exceed 60 percent of the restaurant's gross yearly sales. 703.040. WRITTEN APPLICATION. (1) Every application for a license to sell intoxicating liquor shall be made to the City Administrator on a form supplied by the City and containing such information as the City Administrator for the City Council shall require. Each application shall include, at a minimum, the name and place of residence of the applicant, the exact location of the place at which the applicant proposes to carry on the business of selling nenintoxicating malt liquor, and whether or not he or she has at any time previous to the date thereof been engaged in said business or in the business of selling food stuffs in the City, and if so, when and where. It shall be unlawful to make any false statement in an application. Every application for the issuance or renewal of a license shall include a copy of each Summons received by the applicant under Minnesota Statutes Section 340A.082 during the preceding years. (2) Temporary On -Sale License. Temporary On -Sale licenses shall be issued only to clubs or charitable religious, or other 703 -2 Page 65 nonprofit organizations in existence for at least three (3) years prior to the date of application. Proof of eligibility must accompany an application for Temporary On -Sale license. Applications shall be made thirty (30) days in advance on forms prescribed by the City Administrator. No licenses shall be valid prior to approval by the Commissioner of Public Safety. The application must state the days of sale for which a license is requested, and a new application must be completed and submitted for each additional period. of time not to cxcccd thrcc (3) days. The minimum requirement for proof of financial responsibility may be given by filing: (a) a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or (b) a bond of a surety company with minimum coverages as provided in paragraph (a); or (c) a certificate of the state treasurer that the licensee has deposited with the state treasurer $300,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $300,000. (3) Off -Sale License. An off -sale license may only be granted to an exclusive liquor store. (4) On -Sale Intoxicating Liquor License. Each license shall state whether or not the applicant proposes to afford the privilege of dancing to his or her guests or whether vaudeville entertainment will be afforded or whether both will be provided. In case the applicant proposes to afford the public the privilege of dancing, the application shall set forth the amount of floor space available which the applicant proposes to maintain for dancing purposes. (5) On -Sale Restaurant Intoxicating Liquor License. Each application and "On -Sale Restaurant" intoxicating liquor license shall include sufficient evidence to confirm that the applicant has satisfied the requirements of Section 703.030 of this Chapter. (6) Proof of Financial Responsibility. Prior to the issuance of an intoxicating liquor license, the applicant shall demonstrate proof of financial responsibility as defined in Minnesota Statutes Section 340A.409, Subdivision 1, with reference to liability under Minnesota Statutes Section 340A.801. The applicant shall demonstrate that such proof has been filed with the Commissioner of 703 -3 Page 66 Public Safety where required under Minnesota Statutes Section 340A.409. Proof of financial responsibility shall be required prior to the issuance of any intoxicating liquor license, including temporary on -sale licenses, regardless of the provisions of Minnesota Statutes Section 340A.409, Subdivision 4. Any liability insurance policy filed as proof of financial responsibility under this subdivision shall conform to the requirements of Minnesota Statutes Section 340A.409. The minimum requirement for proof of financial responsibility may be given by filing: (a) a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or (b) a bond of a surety company with minimum coverages as provided in paragraph (a); or (c) a certificate of the state treasurer that the licensee has deposited with the state treasurer $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. (7) Approval of Security. Liability insurance policies required by this Chapter shall be approved as to form by the City Attorney. Operation of a business licensed by this ordinance without having on file with the State Insurance Commissioner or the City at all times effective security as required in Subdivision 2 is cause for immediate revocation or suspension of the license. (8) Special Event on City Property: A liability insurance policy for a special event to be held on City property shall name the City as an additional insured. 703.050. LICENSE FEES. (1) Each application for a license shall be accompanied by a receipt for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the Deputy City Clerk shall refund the amount paid. (2) Every license except a temporary license shall run for a period of one (1) year from July 1 in each year. A temporary on -sale license shall run for a specified period pursuant to Section 703.110. - - _ - . If a portion of the license year has elapsed when the license is granted, the 703 -4 Page 67 license shall be issued for the remainder of the year for a pro rata fee. In computing such a fee, any unexpired fraction of a month shall be counted as one (1) month. (3) The license fee for an "On -Sale Restaurant" intoxicating liquor license or an "On -Sale" intoxicating liquor license shall be fixed at the sum of Two Thousand Five Hundred Dollars ($2,500.00). The license fee may subsequently be changed by Council resolution. (4) The license fee for an "off- sale" license is hereby fixed at One Hundred Fifty Dollars ($150.00) per year. The license fee may subsequently be changed by Council resolution. (5) The license fee for a "Temporary On -Sale" license is hereby fixed at Forty Dollars ($40.00) for each license issued. The license fee may subsequently be changed by Council resolution. 703.060. INSPECTION OF PREMISES. The Council shall direct such investigation of said application as it may deem necessary, and each application shall require written consent permitting the representatives of any City Department to inspect and examine the place of business described in the application together with all the appliances and instruments used or to be used in the transaction of the business for which a license is sought, and upon receipt of such report the Council shall thereafter consider the application to grant or deny the same. 703.070. INVESTIGATION FEE. A non - refundable investigation fee of Five Hundred Dollars ($500.00) shall be submitted with each initial application for an on -sale intoxicating liquor license. No investigation fee is required when the applicant has previously qualified for a nonintoxi ating 3.2 percent or intoxicating liquor license within the City of Little Canada. 703.080. APPROVAL OR DENIAL OF LICENSE APPLICATION. (1) The City Council shall investigate all facts set out in the application. The investigation shall include an inspection of the premises by the local Fire Chief and a search to determine whether or not the applicant has a police record. After such investigation and hearing, the Council shall grant or refuse the application in its discretion. (2) Each license shall be issued to the applicant only and shall not be transferrable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the Council. Upon the death of an intoxicating liquor license, his or her personal representative may continue operation of the business within the terms of the license for a period of up to but not exceeding 90 days. 703 -5 Page 68 703.090. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any person who: (1) Is under 21 years of age; (2) Has, within five (5) years prior to the application for such license, been convicted of violating any law of this State or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating or 3.2 percent malt liquor, and cannot show competent evidence under Minnesota Statutes Section 364.03 of sufficient rehabilitation and present fitness to perform the duties of an intoxicating liquor licensee; (3) Is a manufacturer of intoxicating liquor or is interested in the control of any place where intoxicating liquor is manufactured; (4) Is not a citizen or resident alien; (5) Is not of good moral character; (6) Is not the proprietor of the establishment for which the license is to be issed; 703.100. CONDITIONS OF LICENSE AND GROUNDS FOR SUSPENSION OR REVOCATION. (1) Every license shall be granted subject to the conditions in the following paragraphs and all other provisions of this ordinance and of any other applicable ordinances of City or State law. (2) Compliance with financial responsibility requirements of State law and of this ordinance is a continuing condition of any license granted pursuant to this chapter. (3) No nonintoxicating 3.2 percent malt liquor or intoxicating liquor shall be sold or served to any obviously intoxicated person or to any person under 21 years of age. (4) No person under the age of 21 years shall be permitted to consume nonintoxicating 3.2 percent malt liquor or intoxicating liquor on a licensed premises. (5) No corporation to which a license has been granted shall transfer any stock in such corporation without the consent of the City Council. The officers of any corporation holding a license shall notify the City Council of any proposed sale or transfer of any stock in the corporation. The transfer of any stock without the knowledge and consent of the City Council shall be deemed sufficient cause for revocation of the license by the Council. 703 -6 Page 69 (6) No manufacturer or wholesaler of intoxicating liquor shall have any ownership of, or interest in, an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes Section 340A.301, Subdivision 7. No retail licensee or manufacturer or wholesaler of intoxicating liquor shall be a party to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of intoxicating liquor and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. (7) No person under 18 years of age may serve or sell intoxicating liquor in a retail intoxicating liquor establishment. (8) There shall be no dancing, exhibitions or entertainment on the premises of an intoxicating liquor licensee unless said licensee holds a "Dancing and Entertainment" license, or the premises are covered by a temporary "on- sale" license. (9) No intoxicating liquor licensee shall allow music on the premises between the hours of 9:00 o'clock p.m. and 9:00 o'clock a.m., except where the licensee has obtained a "Dancing and Entertainment" license, or the premises are covered by a temporary "on- sale" license. Such licensee shall, however, be permitted to operate a radio or phonograph between the hours of 9:00 o'clock p.m. and 9:00 o'clock a.m., so long as said radio or phonograph is not an annoyance to occupants of nearby premises, and does not violate local ordinances and State law defining excessive noise as a public nuisance. (10) No licensee shall keep, possess or operate or permit the keeping, possession or operation of, on any licensed premises, or in any room adjoining the licensed premises, any slot machine, dice, or any gambling device or apparatus, whether or not said devices are being used in violation of M.S. 609.755 or 609.76. A black jack table which is not being used in violation of M.S. 609.755 or 609.76 shall be exempt from this prohibition. No licensee shall permit any gambling on licensed premises. This Section shall not preclude lawful gambling pursuant to M.S. 349 nor shall it preclude the possession of properly licensed and registered gambling equipment as defined in M.S. 349.12, Subd. 15. No licensee shall permit the licensed premises or any room therein or any room in any adjoining building, directly or indirectly under his control, to be used as a resort for prostitutes or other disorderly persons. 703.110. RESTRICTIONS ON NUMBER Or LICENSES. (1) The number of "off- sale" licenses within the City shall not exceed three (3) until such time as the population of the City reaches twenty thousand (20,000) residents. At such time one (1) additional "off- sale" license shall become available. 703 -7 Page 70 (2) The number of "on- sale" intoxicating liquor licenses issued in the City of Little Canada shall not exceed four (4), plus the two (2) additional "on- sale" intoxicating liquor licenses authorized by Chapter 240, 1987 Laws. No more than five (5) on -sale intoxicating liquor licenses shall be issued and no more than one (1) "on -sale restaurant" intoxicating liquor license shall be issued. (3) (a) No more than three four -day four three -dav or six two -dav temporary licenses, in any combination not to exceed twelve days per year may be issued for the sale of alcoholic beverages to any one organization or registered political committee or for any one location, within a twelve -month period. (b) No more than one temporary license may be issued for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within any thirty -day period. 703.120. LIMITATION OF LICENSE. (1) No license shall be issued for premises located within an area where such use of the premises is prohibited by the zoning ordinance nor within an area where such sales are forbidden by State law or any other ordinance of the City. (2) No license shall be issued for premises located within 800 feet of any school building or church located within the City. The method of measurement to be used for determining such distance shall be the shortest distance between the buildings, measured from the point of each building which is closest to the other building. This restriction shall not apply to premises covered by a temporary "on- sale" license. (3) No "off- sale" license shall be issued to a place where nonintoxioating 3.2 percent malt liquor is sold for consumption on the premises. (4) No license shall be issued to any person in connection with the premises of another to whom no license could be issued under the provisions of the State Liquor Control Act provided, however, that this provision shall not prevent the granting of a license to a proper lessee by reason of the fact that he or she shall lease the premises to a minor, non - citizen or a person who has been convicted of a crime other than a violation of this Chapter, or violations of State or local gambling laws. (5) Not more than one (1) retailers license shall be directly or indirectly issued to any one person or for any one place in the City, nor shall any retailers "on- sale" or "off- sale" license be directly or indirectly issued for any place for which a license of another class has been granted. 703 -8 Page 71 (6) No more than one license shall be issued to any person in the municipality. (7) No retail license to sell alcoholic beverages may be issued or renewed to a club which discriminates against members or applicants for membership or guests of members on the basis of race. 703.130. VIOLATION BY AGENT. Every licensee is responsible for the conduct and the liycensed establishment and any sale of alcoholic beverage by any employee authorized to sell such beverage is the act of the licensee. 703.140. OPERATION HOURS. (1) No "on- sale" sale of liquor shall be made after one o'clock a.m. on Sunday, nor until eight o'clock a.m. on Monday, except as provided herein. No such "on- sale" shall be made on Tuesday, Wednesday, Thursday, Friday or Saturday, between the hours of one o'clock a.m. and eight o'clock a.m. On Sunday, no such "on- sale" sale shall be made except between the hours of ten o'clock a.m. and one o'clock a.m. on Monday. (2) No "off- sale" sales of such liquor shall be made before eight o'clock a.m. or after eight o'clock p.m. on Monday, Tuesday, Wednesday and Thursday, and before the hour of eight o'clock a.m., or after the hours of ten o'clock p.m. on Friday and Saturday, and no such "off- sale" sales of liquor shall be made at any time on Sunday. No "off- sale" shall be made on New Years Day, January 1; Thanksgiving Day or Christmas Day, December 25; but on the evenings preceding such days, and on July 3, notwithstanding the above provisions, "off- sale" sales may be made until ten o'clock p.m. (3) No "on- sale" licensee shall permit the consumption of intoxicating liquor on the premises during the hours when sale is prohibited, except that the licensee shall be allowed a thirty minute period following closing to clear the premises. Any customer purchasing intoxicating liquor prior to 1:00 o'clock a.m. may consume such beverage on the premises until 1:30 o'clock a.m. Under no circumstances shall any individuals, whether or not customers, other than the owners or employees of the licensee, be allowed to remain on the premises after 1:30 o'clock a.m. 703.150. EXCEPTIONS OF SALE. This Chapter shall not be construed to prohibit the sale of wine for sacramental purposes by any person duly licensed by the State Liquor Control Commissioner, nor shall this Chapter be construed to prohibit the sale of medicine, nor of industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical or industrial purposes nor to compound or preparations containing alcohol, if such compounds or preparations are not potable as a beverage, nor shall it be construed to prohibit the sale of intoxicating liquor for medicinal 703 -9 Page 72 purposes by a duly licensed and registered pharmacist or druggist upon a bona fide prescription, in writing, by a physician or dentist. 703.160. RESTRICTIONS ON PURCHASE AND CONSUMPTION. (1) The provisions of Minnesota Statutes Section 340A are hereby incorporated by reference into this ordinance, and the sale, purchase or possession of alcohol contrary to State law shall be a violation of this ordinance. (2) It shall be unlawful for any person to consume intoxicating liquor in any theater, recreation hall, center, dance hall, ball park, or other place of public gathering used for the purpose of entertainment, amusement or playing of games, unless the owner or lessee of the property or sponsor of the event has obtained a license or a permit issued by the Park and Recreation Director, or his designee. 703.161. GAMBLING DEVICES PROHIBITED. It shall be unlawful for any person duly licensed to sell intoxicating liquor, to keep, possess or operate or permit the keeping, possession or operation of, on any licensed premises, any slot machine, dice, black jack table, or any gambling device or apparatus, whether or not said devices are being used in violation of M.S. 609.755 or 609.76. A black jack table which is not being used in violation of M.S. 609.755 or 609.76 shall be exempt from this prohibition. It shall be unlawful for any licensee to permit any gambling on licensed premises. This Section shall not preclude lawful gambling pursuant to M.S. 349 nor shall it preclude the possession of properly licensed and registered gambling equipment as defined in M.S. 349.12, Subd. 15. 703.170. SUSPENSION AND REVOCATION. The Council shall either suspend for up to 60 days or revoke any intoxicating liquor license, or impose a civil fine not to exceed $2,000.00, for each violation upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing. The lapse of required dram shop insurance or bond, or withdrawal of a required deposit of cash or security, shall effect an immediate suspension of the license. Any suspension under this chapter shall continue until the City Council determines that the financial responsibility requirements of this chapter have met. 703.180. SPECIAL SUNDAY SALE. The holder of an "on- sale" liquor license under the Code, may apply to the Council for a special license to sell intoxicating liquor in a restaurant on Sunday, provided that the liquor may be served in conjunction with the sale of food. The application for such license may be made at 703 -10 Page 73 the same time and upon the same license as the "on- sale" licensee uses to apply for his regular "on- sale" license. The fee for a special Sunday liquor license shall be Two Hundred Dollars ($200.00) per year. No such license shall be issued to any "on- sale" licensee unless said licensee is operating a benefited restaurant serving meals regularly to the public and having facilities for serving at least 30 people at one time. No intoxicating liquor shall be served before 10:00 o'clock a.m. or after 1:00 o'clock a.m. on Sunday. (Source: Ord. 2, 14, 15, 16, 17, 18, 19, 48, 55, Amended: Ord. 20, 43, 48, 56, 87, 96, 112, 123, 132, 158, 174, 176, 178, 221, 249, 290, 302, 325, 329, 345, 348, 355, 361, 365) 703 -11 Page 74 704. SPECIAL ON -SALE WINE LICENSES 704.010. WINE LICENSES. No person, except a wholesaler or . manufacturer to the extent authorized under the State License Code shall directly or indirectly deal in, sell, or keep for sale in the City any wine not exceeding 14% alcohol by volume without an on -sale wine license. An on -sale wine license authorizes the sale of wine not exceeding 14% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. An on -sale wine license may be issued only to a restaurant having facilities for seating not fewer than 25 guests at one time. For purposes of this chapter, a restaurant shall mean an establishment under the control of a single proprietor or manager, having appropriate facilities for serving meals, and where in consideration of payment therefore, meals are regularly served at tables to the general public and which employs an adequate staff to provide the usual and suitable services to its guests. 704.020. LICENSE APPLICATION. Any person desiring a special "on -sale wine license" shall make a verified application in writing to the City Council and shall file the same with the City Administrator. Such application form shall require that the information set forth in Section 703.040 be provided. In addition, the application must include the location of the premises upon which the applicant proposes to sell such wine and an exact description of the particular place within the building where such sales will take place. 704.030. REQUIREMENTS FOR INTOXICATING LIQUOR LICENSE GENERALLY APPLY. Except as modified or amended in this Section, provisions of Section 703 regulating intoxicating liquor licenses shall apply to special on -sale wine licenses. 704.040. LICENSE FEES. The annual fee for a wine license is $200.00. The license fee may subsequently be changed by Council resolution. Each application for a wine license shall be accompanied by a receipt from the Deputy City Clerk for payment in full of a license fee. If an application for a license is rejected, the Deputy City Clerk shall refund the amount paid. 704.050. COMBINATION WINE AND BEER LICENSE. A holder of an on -sale wine license issued pursuant to this Section who is also licensed to sell nonintoxicating 3.2 percent malt liquor pursuant to Section 702, whose gross receipts are at least 60% attributable to the sale of food, may sell intoxicating malt liquor at on -sale without an additional license. (Source: Ord. 345) 704 -1 Page 75 Thomas M. Sweeney George F. Borer Paul T. Ostrow Patrick J. Sweeney Robin D. Tomney Sweeney, Borer & Ostrow Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 May 10, 1996 VIA FACSIMILE AND U.S. MAIL Ms. Kathy Glanzer Administrative Assistant 515 Little Canada Road Little Canada, MN 55117 Re: Liquor Ordinance Our File No. 8381 Dear Kathy: Telephone (612) 222-2541 Facsimile (612) 223 -5289 Enclosed please find a proposed Resolution Providing for the Publication of the Title and Summary of an Ordinance Amending Chapter 701 through Chapter 704 of the Little Canada Code. If you have any further questions regarding this matter, please let me know. PJS:gc Enclosure Very truly yours, SW •l eBORER & OSTROW / `L Q rick qLfSweeney Page 76 CITY OF LITTLE CANADA RESOLUTION NO. RESOLUTION PROVIDING FOR THE PUBLICATION OF THE TITLE AND SUMMARY OF AN ORDINANCE AMENDING CHAPTERS 701 THROUGH 704 OF THE LITTLE CANADA MUNICIPAL CODE RELATING TO NONINTOXICATING AND INTOXICATING LIQUOR WITHIN THE CITY OF LITTLE CANADA WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, provides that the publishing of the title and summary of Ordinance No. , amending Chapters 701 through 704 of the Little Canada Municipal Code relating to nonintoxicating and intoxicating liquor within the City of Little Canada, shall be deemed to fulfill all legal publication requirements as completely as if the entire Ordinance has been published, and WHEREAS, the City Council of the City of Little Canada has reviewed the text of the Ordinance Summary, attached hereto as Exhibit A, which is incorporated herein by reference, and WHEREAS, the City Council of the City of Little Canada determined that the Ordinance Summary clearly informs the public of the intent and effect of Ordinance No. , amending Chapters 701 through 704 of the Little Canada Municipal Code relating to nonintoxicating and intoxicating liquor within the City of Little Canada. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Little Canada hereby approves the text of the Ordinance Summary as a summary of Little Canada Ordinance No. and determines that the Ordinance Summary clearly informs the public of the intent and effect of said Ordinance. BE IT FURTHER RESOLVED, that the City Council hereby directs that the title and Ordinance Summary shall be published in the official City newspaper and hereby gives notice that printed copies of the complete Ordinance are available for inspection by any person during regular office hours at the office of the Little Canada City Administrator, and that a copy of the entire text shall be posted in the official posting place in the City, and further directs that a copy of this Resolution, as enacted, will be published with the Ordinance Summary. 1 Page 77 PASSED by the City Council of the City of Little Canada this day of , 1996. ATTEST: Joel R. Hanson City Administrator Michael I. Fahey Mayor 2 Page 78 EXHIBIT A ORDINANCE SUMMARY This is a summary of Ordinance No. , which amends Chapters 701 through 704 of the Little Canada Municipal Code, relating to the possession, sale and distribution of nonintoxicating liquor and intoxicating liquor within the City of Little Canada. More specifically, this amendment changes the words "nonintoxicating malt liquor" wherever they appear in said Chapters to "3.2 percent malt liquor ". The amendment also reflects changes in Minnesota Statute Section 340A.410, Subd. 10, placing limitations on the issuance of temporary intoxicating liquor licenses by the City. Chapter 701 provides definitions for certain terms and incorporates the applicable Minnesota Statutes by reference. Chapter 702 relates to nonintoxicating malt liquor within the City of Little Canada. Chapter 703 relates to intoxicating liquor within the City of Little Canada. Chapter 704 relates to on -sale wine licenses. The Ordinance was adopted on the day of 19l, and published on the day of , 19 Page 79 MINUTES PLANNING COMMISSION MAY 9, 1996 ARCHITECTURAL GUIDELINES - BACKLIT SIGNS The Planner pointed out that the Council has asked for the Planning Commission's input on Conditional Use Permits for accessory buildings, and whether or not the Commission felt there were any changes needed in the ordinance. The Commission discussed this issue and felt the Conditional Use Permit process should be retained for accessory buildings which bring total accessory space over 1,000 square feet. The Commission felt that the CUP process gave the City the control it needed to review these situations on a case -by -case basis and impose any conditions it feels necessary given the particular situation. The Commission was also comfortable with the 1,000 to 1,500 square foot range which has been used as a guideline in acting on CUP requests over the past few years. Therefore, it was the consensus of the Commission to retain the existing CUP process for accessory building area over 1,000 square feet in size. Keis reported that as he has been driving around, he has noticed most freestanding signs are backlit. Knudsen did not feel the City would want to discourage business by prohibiting freestanding backlit signs. Keis felt it was more acceptable along Rice Street, the City's downtown area, to allow freestanding signs to be backlit. Carson . agreed, and felt the City should retain the existing prohibition of backlit signs on buildings. Knudsen agreed. The Planner reported that he has looked at the freestanding backlit sign at the Market Place, and it doesn't look bad. However, he would have liked to see a little better quality sign. Knudsen pointed out the Planning Commission has always agreed that quality and appearance is often more important than use. Knudsen indicated that the Commission wants to see quality development which is aesthetically pleasing along Rice Street. 4 Page 80 MINUTES PLANNING COMMISSION MAY 9, 1996 ARCHITECTURAL GUIDELINES - REMAINING B -3 AREAS OF THE CITY ADJOURN Carson recommended the Architectural Guidelines be amended to allow freestanding /pylon signs to be backlit while retaining the prohibition of backlit signs on buildings, and instructing the City Planner to amend the language in the Architectural Guidelines to reflect this. Motion seconded by Knudsen. Motion carried 6 - 0. The Commission and City Planner reviewed the Architectural Elements and Streetscape Elements of the Architectural Guidelines in detail. Specific policies and regulations which should be retained or modified and then applied to the remaining 8 -3 areas of the City outside of the Rice Street /Little Canada Road redevelopment area were identified. The City Planner indicated that he would take the input provided this evening and incorporate it into a draft guideline for the Commission to review and discuss at its next meeting. Knudsen recommended the meeting be adjourned. Motion seconded by Carson. Motion carried 6 - 0. There being no further business, the meeting was adjourned at 8:45 P.M. Respectfully submitted, cVV "- Kathy Glanzer Administrative Assistant 5 Page 81 MINUTES PLANNING COMMISSION MAY 9, 1996 CONDITIONAL USE PERMITS - ACCESSORY BUILDINGS the Watershed recommended action on the plat be tabled until a spring wetland delineation could be prepared. That has been done, and the Watershed has accepted the delineation. As a result, the preliminary plat as designed is acceptable to the Watershed. The Planner also pointed out that a variance of one foot is necessary for right -of -way width at County Road D. There is 49 feet of right -of -way at County Road D, and the Code requires a 50 -foot right -of -way for residential streets. The County Road D property owners immediately east of where the road is proposed indicated that the County would like their driveway access to come in off Stoneridge. Mark Ashby, developer of Stoneridge, pointed out that the City Planner has suggested the County may raise the issue, and that the developer should check with the property owner to determine if their driveway access can be via Stoneridge Court. There was no one else present from the general public wishing to comment on this matter. Keis recommended approval of the one -foot variance for street right -of -way for Stoneridge Court at its entrance from County Road D based on the recommendation of the City Planner in his February 2, 1996 report. Motion seconded by Barraclough. Motion carried 6 - 0. Carson recommended approval of the Preliminary Plat for Stoneridge Addition subject to the recommendations of the City Planner as outlined in his report dated February 2, 1996. Motion seconded by Knudsen. Motion carried 6 - 0. The Commission reviewed the Administrative Assistant's report dated April 24, 1996 summarizing the City's actions over the past few years in approving Conditional Use Permits for accessory buildings. 3 Page 82 MINUTES PLANNING COMMISSION MAY 9, 1996 ARCHITECTURAL GUIDELINES - BACKLIT SIGNS The Planner pointed out that the Council has asked for the Planning Commission's input on Conditional Use Permits for accessory buildings, and whether or not the Commission felt there were any changes needed in the ordinance. The Commission discussed this issue and felt the Conditional Use Permit process should be retained for accessory buildings which bring total accessory space over 1,000 square feet. The Commission felt that the CUP process gave the City the control it needed to review these situations on a case -by -case basis and impose any conditions it feels necessary given the particular situation. The Commission was also comfortable with the 1,000 to 1,500 square foot range which has been used as a guideline in acting on CUP requests over the past few years. Therefore, it was the consensus of the Commission to retain the existing CUP process for accessory building area over 1,000 square feet in size. Keis reported that as he has been driving around, he has noticed most freestanding signs are backlit. Knudsen did not feel the City would want to discourage business by prohibiting freestanding backlit signs. Keis felt it was more acceptable along Rice Street, the City's downtown area, to allow freestanding signs to be backlit. Carson agreed, and felt the City should retain the existing prohibition of backlit signs on buildings. Knudsen agreed. The Planner reported that he has looked at the freestanding backlit sign at the Market Place, and it doesn't look bad. However, he would have liked to see a little better quality sign. Knudsen pointed out the Planning Commission has always agreed that quality and appearance is often more important than use. Knudsen indicated that the Commission wants to see quality development which is aesthetically pleasing along Rice Street. 4 Page 83 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 4538 April 24, 1996 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: Conditional Use Permits for Accessory Garages MAYOR Michael I. Fahey COUNCIL Beverly Scaize Jim LaValle Steve Morel= Bob Pedersen ADMINISTRATOR Joel R. Hanson I have researched the files regarding Conditional Use Permits for accessory garages over 1,000 square feet in size which have been approved since 1989. Below is that information: 1995 636 Keller Parkway (Wilson) - 1,133 square feet 2933 Centerville Road (Frattalone) - just over 1,000 sq. ft. Plus a 2,400 sq. ft. agricultural building which must be removed when the agricultural use is discontinued. 1994 655 Keller Parkway (Hedlund) - 1,109 sq. ft. 2570 Jackson Street (Foster /Wahlberg) - 1,500 sq. ft. 2934 LaBore Road (Quam) - 1,353 1993 3000 LaBore Road (Sculley) - 1,200 1992 2533 Edgerton (Benson) - 1,278 1989 2881 Edgerton (Campbell) - 1,264 343 Rose Lane (Hoffman) - 1,232 *These figures include existing garage space and new accessory building space. Page 84 MRY -17 -1996 12:43 NXC MEMORANDUM N$C 612 595 9837 P.02'03 NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Little Canada Mayor and City Council FROM: Stephen Grittman DATE: May 17, 1996 RE: Little Canada - Comprehensive Plan Amendment Process FILE NO: 758.10 A possible timeline for adnptin0 the updated Comprehensive Plan is as fnllnws• 5/22 City Council call for a Public Hearing 6/5 Submit notice of Comprehensive Plan Amendment to newspaper 6/13 Notice published in the official newspaper at least ten days prior to the Hearing. 6/26 Hold the Public Hearing before the City Council 6/26 City Council review and approve the Plan as a major comprehensive plan amendment, subject to review by the Metropolitan Council. 6/27 Forward the amendment to the Metropolitan Council for review. 7112 The Met Council has 10 days to comment on initial determination of completeness. The Met Council has 60 days to render a determination of metropolitan system impact. Since Met Council's typical finding on completeness is a request for additional information, the 60 day clock does not start until they make a determination of completeness. Upon City adoption, however, the City should also present the Plan to surrounding or overlapping jurisdictions, including the County, the School Districts, adjacent Cities, the Watershed District, and possibly others as well. This would be the fastest possible schedule at this point. If the City would like to hold community meetings prior to going to a public hearing, they could possibly be held in June (depending upon the City's schedule) or the public hearing date could be moved back one month. Originally, we had anticipated some community meetings based on the 5779 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 61 2-595-9637 Page 85 MAY-17-1996 12:43 NRC 612 595 9837 P.03/03 neighborhoods Illustrated in the Plan. However, it was our impression that the Council had directed a simpler process, anticipating few major issues, and that community .workshops were not necessary. If desired, we could schedule the community meetings at this stage, with an agenda of presentation and feedback. In one sense, the primary changes have been to the Rice Street corridor, already the subject of significant discussion. Changes in the other neighborhoods generally reflect the Planning Commission's and City Councirs position that except two or three individual sites, there were few major issues relating to land use pattern. We will be prepared to discuss this Issue further at the upcoming City Council meeting. TOTAL P.03 Page 86 ',4G . . 24( ceerneee 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morel= Bob Pedersen ADMINISTRATOR Joel R. Hanson TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: May 17, 1996 RE: Amendment to Loan Agreement - Market Place Redevelopment In our capacity as the Economic Development Authority, we loaned $500,000 to Market Place Center, Limited Liability Company to enable the renovation and enhancement of the center. Pursuant to the loan agreement, I am not authorized to release funds if there are insufficient amounts remaining to complete the work in accordance with the cost estimates that were included with the loan documents (Exhibits "C" and "D "). Currently, about $41,000 remains to be drawn under the loan agreement. While the developers have not completed each item under the loan agreement as initially listed, they have done work in excess of original estimates. Mr. Grootwassink and Mr. Hotzler would like to draw these funds for work completed because they have been paying interest on them since the loan closing. Attached is a letter from Mark Hotzler which includes revised Exhibits "C" and "D" (schedules for enhancement work and rehabilitation work). It also indicates a source of additional funding which they will use to complete the scheduled work as well as additional improvements they have undertaken. I am in receipt of a loan commitment which documents the availability of this money. Based upon this information, it would be my recommendation that the EDA amend the loan agreement with Market Place Center, Limited Liability Company reflecting the revisions to Exhibits "C" and "D" with the condition that an additional $170,000 be provided by the developers to guarantee completion of the improvements to the center as originally agreed to. With this approval, we would then be in position to release the balance of their funds. JRH:kpv Enclosure Page 87 5 -17 -1996 10:43AM FROM GROOTWASSINK RE /EST. 6129442419 P.2 MARKET PLACE CENTER, LLC 6440 Flying Cloud Drive, Suite 203 • Eden Prairie, MN 556344 May 16, 1996 Mr. Joel R. Hanson City Administration City of Little Canada 515 Little Canada Road Little Cananda, MN 55117 Re: Amending Acquisition and Construction Loan Agreement Market Place Center Little Canada, Minnesota Dear Joel: Pursuant to our meeting, please find enclosed an Amended Exhibit C and Exhibit D to the Acquisition and Construction Loan Agreement originally executed December 27, 1995 by and between the Economic Development Authority to the City of Little Canada (EDA) and Market Place Center Limited Liability Company (Developer)_ If the enclosed revised Exhibits meet with the approval of the EDA, please have one fully executed copy of this letter, acknowledged below, along with a copy of Exhibit C and Exhibit D attached to the letter returned to my attention at the above stated address. As per my letter to you dated May 6, 1996, Bob Grootwassink and I are refinancing another shopping center which we both jointly own and we have ear- marked $170,000.00 of the capital that we will be receiving from the refinance for present and future Capital and Tenant Improvements for Market Place Center. We feel that with this infusion of capital that we not only will be able to complete the items stated in Exhibit C and D but the additional items that we have decided to complete over and above our agreement. Some of these items are the complete reroofing of the center and the additional metal siding instead of painting the front of the shopping center, which we feel is substantially better for the project over the long term even though the capttal cost is extremely higher than originally budgetted. If you or the EDA have any questions about our request to amend Exhibit C and D of the Acquisitions and Construction Loan Agreement or about the redevelopment of the shopping center, please just ask. We await your response to our request. Sincerely, Maik. A. Hutzler Market place Center, Limited Liability Company Page 88 5 -17 -1996 10:43AM FROM GROOTWASSINK RE/EST. 612944x9419 P.3 Enhancement Work EXHIBIT C To Acquisition and Construction Loan Agreement Revised May 1996 Original Revised Estimated Estimated Estimated COI fat Cumulation Construction New Storefront Exterior Facade $140,000 $162,000 June Revisal the new facade to cover over all wood areas that was budgeted to be painted ,install New Florescent Lighting Under Canopy Install Storefront Entry Doors in Suite 220.240/250.260 and 420 Suite 220, 260 and 420 have been completed. Suite 240 and/or 250 will be completed when the suites are leased. In addition , Suite 100 will have a new storefront entry door installed in June. Install Emergency Doors in Suite 320 and 330 To be determined when Suite 330 is leased. Suite 100 had an emergency door installed in April as per building inspector. Construct New Sidewalks from Existing Sidewalks New sidewalks are completed to Suites 100, 240/250 and Suite 330. $ 5,000 $ 11,265 Completed March $ 8,000 $ 9,000 $ 2,000 $ 3,000 $ 6,000 $ 10,000 Completed April Install Approximately 50 ft. of Storefront Glass in Suite 430 $ 8,000 $ 9,800 Completed March Installed 60 ft. of glass and is completed. Install New Parking Lot light Bulbs and Fixtures as Required $ 1,000 $ 600 Completed March Install Six New Decorative Sidewalk Lights $ 6,000 $ 0 Completed March Postponed until such time that the City determines the exact sighting, street and landscaping for the redevelopment area. Paint Project Exterior to Coordinate with New Exterior Facade This paint project to the front exterior has been canceled because this area was covered over by the expansion of the new metal facade. Revised bid is for painting the back of the shopping center which is projected CAM expense for 1997. Burger King Parking Area This area has been patched and a determination will be made shortly whether to do an overlay or postpone this area until a determination is made by the City and Developer on the new ingress/egress roadway. Page 89 $ 8,000 $ 4,500 $ 4,000 $ 9,000 6 -17 -1996 10:44AM FROM GROOTWASSINK RE/EST. 6129442419 P. Enhancement Work Page Two Landscaping Work $ 2,000 $ 2,000 Work will begin in June because of weather General lean up & Repair $ 3,000 $ 3,000 Work will begin upon completion of Capital and Tenant improvements. BuildingPermits $ 3,000 $ 5,000 Completed January Miscellaneous $ 4,000 $ 3,000 Technically still available but could have been expensed many times over during construction TOTAL $232,165 Page 90 5 -17 -1996 10:44AM FROM Q OOTWASSINK RE /EST. 6129442419 P. 5 EXHIBIT D To Acquisition and Construction Loan Agreement Revised May 1996 Description ofRehabilitation Work Estimated Revised Rehabilitation Work Status g.L4S Suite 100 - SuperValu Completed $76,000 $96,000 Everything is completed with the exception of the back handicap door ramp which is being completed at this time. Developer also installed two new HVAC units in this space. Suite 220 - Snyder Drug Suite 240/250 - Vacant No work completed until the Suites arc leased. All Tenant Improvements will be part of the Developers Capital Contribution. Suite 260 - Natural Reflections Installed an additional HVAC unit as per city inspector. Suite 280 - CRG Suite 290 - Vacant Divided into Suite 290 and 291. Leased to Walsh, Inc. and Charity Bingo office. Suite 295 - Fantasy Travel Suite 298 - Post office Suite 310 - Vacant Space leased to Little Canada Charity bingo as an office. Should be completed by June Suite 314 - JJP Suite 320 - Ringo Han No work required until Suite 330 is leased. Future Tenant Improvement Expenses will be part of the Developers Capital Contribution Suite 330 - Vacant Space is available for lease. Future Tenant Improvement Expenses will be part of the Developers Capital Contribution. Suite 360 - My Le Hoq Page 91 Completed $32,000 S78,000 March $ 6,000 $ 2,000 Completed $ 17,000 $ 38,000 April Completed $ 7,000 $ 12,500 March Completed $ 7,000 $ 12,000 March Completed $ 9,000 $ 10,600 March Completed $ 5,000 $ 3,600 March $ 5,000 $ 4,000 Completed $ 0 $ 3,000 $ 8,000 $0 Completed $20,000 $ 72,000 May 6 -17 -1996 10:45AM FROM GROOTWASSINK RE/EST. 6129442419 P. 6 Rehabilitation {York Page No Suite 420 - Vacant $20,000 $ 16,000 Space is available for lease. Future Tenant Lnprovement Expenses will be part of the Developers Capital Contribution. Suite 430 - Only Deals Complete! $75,000 $ 60,000 April Building Permits tle Disbursements/Architectural Drawings/Misc. On Going $10,000 $ 8,000 TOTAL 5412,900 Page 92 5 -17 -1996 10:46AM FROM CROOTWASSINK RE/EST. 6129442419 P.7 Acknowledged and Agreed with the Revised Exhibit C and D to the Acquisition and Construction Agreement. Economic Development Authority of the City of Little Canada By Date Its By Its Page 93 Date `edfr /hC ?< , 29d ceimack 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 May 17, 1996 TO: Mayor Fahey and Members of the City Council FROM: Joel R. Hanson, City Administrator RE: Heritage Office Park Development Agreement MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Pursuant to a conversation with Bob Sneen, Real Estate Masters, on this date, he indicated that it is acceptable from his standpoint for the City to approve the Development Agreement for Heritage Office Park. He will be forwarding a letter prior to Wednesday's meeting indicated the same. Page 94 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: May 3., 1996 RE: Heritage Office Park Development Agreement MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Please find enclosed the revised draft of the Heritage Office Park Development Agreement. The Letter of Credit has been established at $50,000 due to the fact that most improvements are private versus public and that no permits for buildings will be issued until infrastructure and parking is completed. Subject to those modifications and any comments from the City Attorney, I would recommend its approval. JRH:kpv Enclosure cc: John Dobbs, Heritage Development Page 95 DEVELOPMENT CONTRACT AGREEMENT, dated April 24, 1996, by and between the CITY OF LITTLE CANADA, a Minnesota municipal corporation, ( "City ") and Heritage Development Minnesota, Inc., a Minnesota corporation, ( "Developer "). 1. Request for Improvement. The Developer has requested the City to allow the construction of sanitary sewer, storm sewer, water main, curb and gutter, bituminous drives, signage, and lighting necessary to serve and provide access to the proposed plat of Heritage Office Park 2nd Addition within the City of Little Canada to serve the following described property, as shown on Exhibit "A ": Lots 1 -5, Block 1, Heritage Office Park 2nd Addition, County of Ramsey, State of Minnesota. 2. Conditions of Approval. The City hereby approves construction of necessary extensions of sanitary sewer, storm sewer, water main, curb and gutter, bituminous drives, signage, and lighting to serve the Heritage Office Park 2nd Addition plat, conditioned upon the Developer entering into this Agreement and guaranteeing compliance with terms of this Agreement. 3. Compliance with Laws and Regulations. The Developer represents to the City that to the best of its knowledge the construction of improvements to serve the Heritage Office Park 2nd Addition subdivision will comply with all City, County, Metropolitan, State and Federal laws and regulations, including, but not limited to, subdivision ordinances, zoning ordinances, and environmental regulations; including wetland impact and mitigation. The Developer shall obtain all necessary permits and consents for the project including, but not limited to, the permit required by the Minnesota Department of Health due to the water main extension, any necessary permits required from the Minnesota Pollution Control Agency for -1- Page 96 sanitary sewer main extension, any necessary approvals from Metropolitan Council- Wastewater Services Division for connections to sanitary sewer lines, any permit required from the Ramsey- Washington Watershed District for grading and storm water discharge, and any permits or approvals necessary to comply with wetland regulations. The Developer shall reimburse the City for any costs or expenses incurred by the City due to the need for any permits or consents, and shall be responsible for compliance with any other requirements imposed by the agencies in question. 4. Development Exhibits. The Developer shall develop the proposed plat in accordance with Exhibit "A ", attached hereto, and on file in the offices of the City; and in accordance with City Council Resolution No. 95 -11 -266 adopted on November 22, 1995. 5. Required Improvements. The Developer shall install, at its own expense, the extension of public and private improvements consisting of water main, sanitary sewer main, storm sewer, curb and gutter, bituminous drives, signage, and lighting, all of which will be completed no later than October 1, 1996. Original plans and subsequent changes for said improvements shall be prepared by Bob Weigert, Registered Engineer, and approved by the City Engineer in accordance with City specifications and standards. It is further understood that the City must approve the contractor who will undertake the installation of the improvements. A copy of Developer's contract with the approved contractor shall be provided to the City. 6. Preconstruction Meeting. Prior to the commencement of any work, Developer or its engineer shall schedule a preconstruction meeting to be held at the Little Canada City Hall at a mutually agreeable time. Said meeting shall include all parties concerned, including, but not limited to, City staff, Developer's engineer, Developer's contractor, and affected utilities. The purpose of this meeting will be to review the work program -2- Page 97 for construction to achieve a coordinated approach. 7. Inspection and Staking. Developer shall instruct its engineer to provide adequate field inspection personnel to ensure the project is constructed in accordance with approved plans and specifications. In addition, the City's Engineer, at Developer's expense, shall also inspect the construction of the improvements for the purpose of certifying the same and recommending acceptance of any public improvements by City. Developer shall also complete construction staking for the project at Developer's expense. 8. Easements. The Developer shall acquire and dedicate easements as necessary for the construction and maintenance of the public improvements pursuant to City requirements. The Developer shall pay all costs relating to the acquisition of the necessary easements, including attorneys' fees, costs, appraisals, the cost of the necessary property, and any other special conditions which the Developer shall negotiate with any affected property owner(s). The Developer also agrees to reimburse the City for any costs associated with the acquisition of the easements including drafting, review and recording. 9. Consents to Easements. The Developer shall obtain consents to any required easements as necessary. 10. License. The Developer hereby grants the City, its agents and employees, a license to enter any of the above - described property to perform all necessary work, maintenance and /or inspections deemed appropriate by the City during the construction of the improvements. The license shall expire after the improvements are installed pursuant to this Agreement and approved by the City. 11. Responsibility for Costs. The Developer shall pay all costs in conjunction with evaluation, design and construction of the improvements and all costs incurred by the City relating to the preparation of this -3- Page 98 Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction of the public improvements, but not limited to, attorneys' fees, engineering costs, appraisals, City staff time, planning costs, and administrative fees. Simultaneous with the execution of this Development Agreement, the Developer agrees to deposit the sum of Three Thousand and No /100 Dollars ($3,000.00) with the City as a deposit towards costs to be incurred. The funds deposited with the City shall be applied towards the payment of costs incurred by the City as set forth above. To the event that the balance of funds on deposit with the City totals less than One Thousand and No /100 Dollars ($1,000.00), the Developer shall deposit additional funds as necessary to increase the balance to Four Thousand and No /100 Dollars ($4,000.00) within ten (10) days of notice by the City. To the extent that the funds deposited are insufficient to satisfy the costs incurred by the City, any additional costs shall be paid within 30 days of billing by the City. All costs shall be paid within 30 days of billing by the City. If the project is not completed to the satisfaction of the City Engineer, the funds deposited pursuant to this paragraph may be used by the City to satisfy costs of restoration or repair, or to satisfy any other costs incurred by the City due to Developer's failure to complete the project. 12. Grading and Drainage Plans. The Developer shall complete a drainage and grading study as required for subdivision approval and furnish said study to the City Engineer. Said study must be approved by the Ramsey- Washington Watershed District including the completion of the Municipal Coordination Checklist. It is also understood that erosion control must be such that drainage to adjacent property is prevented and surface water run -off is properly controlled. The Developer agrees to comply with any and all requirements for erosion control directed by the Ramsey- Washington Watershed District and /or the City in a timely manner. -4- Page 99 13. Park Dedication Fees. The Developer agrees to pay park dedication fees pursuant to City ordinance which will be payable at the time of building permit application. 14. Additional Requirements. a. The Developer shall comply with the Little Canada landscaping ordinance. b. Through this Development Agreement, Developer agrees to assume responsibility for performance of the Agreement between Owner /Applicant and City of Little Canada as to Costs, dated January 3, 1995 and executed by Robert J. Smeen and Donald Newpower, attached and incorporated herein as Exhibit "B ". c. All plat monuments originally set which are removed or disturbed during development shall be replaced after the completion of construction activities or no later than November 1, 1996 or within 30 days after completion of bituminous surfaces and landscaping; whichever is earlier. d. Entrance signage for the development shall be in accordance with City ordinance requirements. Verification of same shall be made by the City's Planner. e. Developer shall prepare covenants and restrictions to govern all of the Heritage Office Park 2nd Addition plat. Specific provisions to be addressed in these documents include adequate maintenance of association improvements, guarantees of access for emergency vehicles, and permission for the City to enter the property to accommodate the turn - around of the City's vehicles and equipment. Said covenants and restrictions are to be approved by the City. f. Developer, or its agents or assigns, shall promptly clear from public streets and property any soil, earth or debris resulting from construction work done by the Developer or its agents or assigns -5- Page 100 respectively. Failure to do so will result in the City undertaking this work with costs subject to reimbursement by the Developer pursuant to Paragraph #11. g. Future occupants of the plat shall not be deemed to be third -party beneficiaries of this Agreement. 15. Letter of Credit. The Developer shall furnish the City with an Irrevocable Letter of Credit from an approved lending institution in the amount of Fifty Thousand and No /100 Dollars ($50,000.00) prior to the commencement of construction of improvements to guarantee their completion. Said Letter of Credit shall be immediately available for the City's use to complete part or all of the construction in a timely and satisfactory manner, as determined by the sole discretion of the City. It may be reduced to Thirty Thousand and No /100 Dollars ($30,000.00) upon completion of all work except landscaping and approval of same by City. The Letter of Credit shall be released in its entirety once all grading and landscaping is complete pursuant to approved plans and receipt of a twenty -four (24) month warranty bond on plant materials. 16. Northern States Power Approval. Developer shall provide evidence of approval from Northern States Power (NSP) for any structures proposed to be located within their utility easement. 17. Warranty. The Developer warrants all work required to be performed against poor material and faulty workmanship for a period of one (1) year after its completion and approval by the City. All landscaping including, but not limited to, trees, shrubs, grass seed and sod, shall be warranted to be alive, of good quality and disease free for twenty -four (24) months from the time of planting. Any replacements shall be warranted to be alive, of good quality and disease free for twenty -four (24) months from the time of planting. The Developer shall post maintenance bonds or other security acceptable to the City to secure the warranties. -6- Page 101 18. Miscellaneous. a. This Agreement shall be binding upon the parties, there heirs, successors or assigns, as the case may be. The Developer may not assign this Agreement without the written permission of the City. b. Breach of the terms of this Agreement by the Developer shall be grounds for denial of the issuance of any building permit or rescission of any building permit. c. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Agreement. d. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. e. The Developer shall provide and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing the permit to proceed with the construction of the improvement. f. The Developer agrees to indemnify, defend and hold harmless the City, its agents and employees, from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to -7- Page 102 property or any injury to or death of any person resulting from any actions of the Developer, or its agents or contractors. 19. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Heritage Development Minnesota, Inc., in care of E. John Dobbs, 450 East County Road D, Little Canada, Minnesota 55117. Notice to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: City of Little Canada, City Hall, 515 East Little Canada Road, Little Canada, Minnesota 55117. CITY OF LITTLE CANADA By: By: Michael I. Fahey, Mayor Joel R. Hanson, City Administrator DEVELOPER: Heritage Development Minnesota, Inc. By: E. John Dobbs, Vice - president STATE OF MINNESOTA) )SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by Michael I. Fahey, Mayor, and Joel R. Hanson, City Administrator, of the City of Little Canada, a Minnesota municipal corporation, on behalf of the corporation. Notary Public -8- Page 103 STATE OF MINNESOTA) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by E. John Dobbs, Vice - president of Heritage Development Minnesota, Inc., a Minnesota corporation, on behalf of the corporation. DRAFTED BY: City of Little Canada 515 East Little Canada Road Little Canada, MN 55117 (612) 484 -2177 Notary Public -9- Page 104 77 EXHIBIT A e van lInv of the NW V+ -nv 1/4 �•'. I Th . S 0'96'21 ' C 290.00 -.r \,- :eso:a \ Q 1 Q \1 \ Q .s\ \ PARK 2NID A,, S 0'01.90' N C, \. 10 y8�48' E ,,,\ 122.80 CO CO Street 1111 IIII I I _l s 1'1 I III( 0'01'58' v 226.571 1 I x)° P . Iz7' l a act cu g. , m CLJ 44. ♦' N 0' 01'58' v o' O9' c o,^ T "• 4 0 i 525.00 i\ Na Wr Page 105 FINAL PLAT EXHIBIT B AGREEMENT arm= OWNER /APPLICANT AND CITY OF LITTLE CANADA AS TO COSTS This Agreement, dated this 5 day of ) i.t,i/ y , by and between the undersigned owner /applicant, hereinafter "Applicant ", and the City of Little Canada, a Minnesota municipal corporation, hereinafter "City ". i. The Applicant has applied for and requested that the City consider and process the following described zoning /platting actions: v. The Applicant shall pay the fees required by the Little Canada ordinances. The real property that is effected by the application is legally described as: (Insert legal description and /or PIN Number.) 2. The Applicant and the City agree that all expenses incurred by the City relative to the application will be paid by the Applicant. These expenses shall include, but not be limited to, expenses for planning, engineering, fiscal, legal and other consulting services. These expenses shall also include out of pocket costs incurred by the City, such as, administrative, recording and publication costs. Legal costs will also include litigation expenses and costs relating to the collection of the amount due pursuant to the provisions of this Agreement, if any. 3. The Applicant agrees to deposit with the City the amount of $ at the time of filing of the application which includes the required fee. This amount shall be held by the City in escrow and applied to pay the above - described expenses as the same are billed to the City. In the event the amount deposited exceeds the costs incurred, the balance shall be remitted to the applicant. In the event the costs described above exceed the amount of the escrow account, the Applicant shall reimburse the City within 30 days of receipt of an invoice of the amount owing. If the City is not so reimbursed, the City will take whatever steps are necessary to recover the amount due. The Applicant has the right to review said costs. Upon mutual agreement between the Applicant and the City, the amount owing may be adjusted. 4. The payment of the costs described herein does not entitle the Applicant to a favorable consideration or a favorable decision by the City Council. The denial of the application does not relieve the Applicant of the obligation to pay the costs incurred. There shall be no refund of amounts paid or deduction of amounts owing by reason of the denial of the application. Page 106 5. If said costs are not paid within a reasonable time after billing by the City, the City, in addition to other remedies, may certify the same as unpaid against the real property and shall collect the same in the same manner as real estate taxes are collected. 6. The undersigned owner /applicant has read the above conditions and understands the Applicant's obligation to pay the costs described above. STATE OF MINNESOTA) COUNTY OF RAMSEY ) SS. The foregoing instrument was day of `' 11ra,� g -� , 19 , by and u.t ) above - entitled matter. KARLi d. 2V RAMSEY COUNTY .\7v Ccmmiss.en Eaires JAN 31 2c00 STATE OF MINNESOTA) ss. COUNTY OF RAMSEY ) OWNER /APPLICANT -7/. CITY OF LITTLE CANADA By r or s By c X ,V/ ,'City Administrator ackn wledged before me this 3'=, /4 T , the owner / applilant in the The foregoing instrument was acknowledged before me this day of k - ^- .. , 19.75 , by Raymond Hanson, Mayor, and Joel R. Hanson, City Administrato, for the City of Little Canada. Notary Public YAW Page 107 g - N A. GLANZER i NOTAfi' ' LIC- MINNESOTA my r •mm - .. Oct. c, 1995 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: May 17, 1996 RE: Award of Contract for Old Fire Station Renovation MAYOR Michael I. Fahey COUNCIL Beverly Scaize Jim LaValle Steve Morel= Bob Pedersen ADMINISTRATOR Joel R. Hanson Bids are scheduled to be received at 2:00 p.m. on Tuesday, May 21, 1996 for the above - referenced project. Paul Finsness will review the bids and have a recommendation for award ready for Wednesday's meeting. In the meantime, I am including his most recent estimate of probable construction costs. It should be noted that we will not need to do a total roof replacement on this building given the fact the easterly portion is in fairly good condition. Therefore, the $25,000 roof replacement allowance should be overstated. JRH:kpv Page 108 voice /fax 612 771 -7183 0 5 0< OPINION OF PROBABLE CONSTRUCTION COST - Construction Documents Phase [1] Version f \ 0 93 CV▪ " CV 49 643 An 2 § § 5 2 2 ( \ \ / al _ ) ( ( ) \\ \ 0 ) § e » 0 En ))�� 4} »\(2 )\ �/ /_ / \\ /) j|)/ ))\ 05 \\ ) q)f) /) o€ G/2 /) =a = mC4 <2 u2 )2o2 2v) yQ ea 0 kin 00 1/40 Page 109 oo 00 ° 049 609 6699 6699 00 00 O V1 N O O l-- M N O 69 69 69 •-•- 69 00 00 699 0000 er 0 0 O On O M N 69 69 r 68 64 69 8 V 0 O 0 y N 3 m 0 .o o v 0.9 .c9 o 6, • AS: , V] V] [n V] CA Vl V] V] 0 00 0 0 Ch a a a a a a a a a vc.) �x co 0 L - a E $ Q g 0, y N b • •2 in 'S r5 co ., �n o b v) W g • rz F" W b 1 its x °q x LC §3 n.S Q Q • w = 4 a N - ° 01 C7 F cn .11 f--1 O O O 00 %00 00 ° 00 00 00 N N 00 N M VD O\ V' 00 00 00 00 00 O` ON ON C' 0 0 O 00 O\ EQUIPMENT (None) SPECIAL CONSTRUCTION (None) CONVEYING SYSTEMS (None) 0 U 0 w ELECTRICAL d ' 'n '0 Page 110 [l] Opinion of Probable Construction Cost subject to change. 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morel= Bob Pedersen ADMINISTRATOR Joel R. Hanson MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: May 17, 1996 RE: Water Main Connection for Hedlund Property At our October 24, 1995 Council meeting, the Council deleted the assessments for the Cardinal and Hedlund properties relative to the Keller Parkway water main project conditioned upon their assigning an agreement indicating they would support a future water main project for Lakeside Court. Furthermore, should they connect to Keller Parkway water main, they would pay a connection charge equal to the Keller Parkway water main assessment plus interest on the assessment to be spread over a ten year period of 7 1/4 %. Mr. Hedlund did not want to sign a statement indicating he would be in favor of a future improvement on Lakeside Court and therefore requested that we assess him under the Keller Parkway project. The issue this raised was that a water connection was not provided for his property off of Keller Parkway based upon his request made at the neighborhood meeting in the fall of 1994. To add this service stub at this time would cost approximately $3,000 based on estimates obtained by the engineers. Also, Ramsey County does not want the roadway disturbed to facilitate this connection. Therefore, it is my recommendation that we delete the requirement that Mr. Hedlund sign a statement indicating his support of the future Lakeside Court water main project with the understanding that his water service will come from that main when it is installed in the future. Should the Hedlund property need to connect to Keller Parkway water main, the owner will be responsible for paying a connection charge equal to the Keller Parkway water main assessment plus accrued interest and any costs associated with providing a service connection to the main. The basis for this recommendation is Mr. Hedlund's previous request that he not be included in the Keller Parkway project and the fact it is not financially practical to install a service connection at this time. JRH:kpv cc: Dean Hedlund Page 111 515 Little Canada Road, Little Canada, MN 55117-1600 (612) 484 -2177 / FAX: (612) 484 4538 May 16, 1996 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: Regulation of Tobacco Sales MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaVaile Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Council Members Morelan, Pedersen, and Scalze have requested that the Council discuss the regulation of tobacco sales. Based on that request, I am attaching information obtained from the Mayors' Commission Against Drugs which compares ordinance provisions of some other cities as well as a Tip Sheet containing things to be considered in drafting an ordinance. Also attached are copies of recent newspaper articles on this subject as well as an article from the League's Magazine. Finally, I have attached a copy of the City's existing Cigarette Sales Ordinance. If the Council's decision is to further regulate tobacco sales, additional information and research can be gathered to assist in preparation of an ordinance. We may also want to consider a workshop for additional discussion of this topic. Page 112 May -15 -96 02:O0P bernardy +1 612 - 574 -1639 P.02 aaoNCF3:.7a . State taw makes it a gross misdemeanor to sell tobacco to a minor. This law is applied only to the dark Z. No licenses currently issued to movable place of business. tAddnional penalties for further violations. This chart prepared by Association for Nonsmokers - Minnesota 2395 University Avenue West Suite 310 Saint Paul, MN 55114-1512 (612) 646.3006 FAX(612) 646 -0142 Page 113 ORDINANCE PROVISIONS: New Brighton Preston Roseville Shoreview St Paul Minneapolis license Fee $250 $12 026 3250 5160 Vendor Penalties 1st Offense silo 5200 1200 2nd Offense 2 day suspension $600 $100 3rd Offense 6 day suspension $1000 or 6 day suspension 30 day suspension 4th Offense Revocation 11600 or 6 day suspension (Note 3) nevocatta Clerk Penalties 1st Offense Note t Note 1 3103 $60 Note 1 2nd Offense 3125 3100 3M Offense 316626 Vending Machine Prohibited X X Vending Machine Restricted X X x Self Service Prohibitions No Self Service Single Packs x No self-service less than a carton X Seller 18 or Older Compliance Checks Random Unannounced (by ordinance or city policy) Once Yearly Twice or More per Year X X X x Movable place of business prohibited Note XWok%vehide) Prohibition on point-of-sale advertising Restrkts number of ads 6 b kebabs* ads or$ Billboard Prohibitions All billboards banned X X Tobacco billboards banned aaoNCF3:.7a . State taw makes it a gross misdemeanor to sell tobacco to a minor. This law is applied only to the dark Z. No licenses currently issued to movable place of business. tAddnional penalties for further violations. This chart prepared by Association for Nonsmokers - Minnesota 2395 University Avenue West Suite 310 Saint Paul, MN 55114-1512 (612) 646.3006 FAX(612) 646 -0142 Page 113 _ May -15 -96 02:OOP bernardy +1 612 - 574 -1639 P.03 . State law makes it a gross misdemeanor b self tobacco to a Slot. This law is eppfied only b the deck 2. Revocation can be imposed it cigarettes are sold dump a suspension. Co This chart pupae by: Association tor Nonsmokers - Minnesota 2395 university Avenue west Suite 310 Saint Paul, MN 55114 -1512 (612)041x3005 FAX (612)648-0142 Page 114 oaaKOarn t:tsrdsaar+ Eden Prairie • Edna Falcon Heights ORDINANCE PROVISIONS: I License Fee Tot... c c• L,• L. 326 taco taco $250 Vendor Penalties 1st Offense lO die eupx 4On Wei sulpsnd or maks 0 $200 Fns 2nd Offense 20 ay sisponske Gold mtpand 3600 spapouica 3M Offense , 1 year twaason rlwowlioa 4th Offense Clerk Penalties 1st Offense Nam 1 Nom t szs 2nd Offense shoo 3rd Offeroe Nam t Vetting Machine Prohibited x X x x Vending Machine Restricted Sit Service Prohibitions No Seat Service X No Single Packs x x • No sell -service lass than a carton Seller 18 or Older X x Carclance Checks Random Unannounced 0i `w Yearly (by ordnance or city policy) Twice or More per Year X x x Movable place of business prohibited x x X Prohibition on pointof -sale advertising r All billboards bemS X Billboard Prohibitions Tobacco billboards banned . State law makes it a gross misdemeanor b self tobacco to a Slot. This law is eppfied only b the deck 2. Revocation can be imposed it cigarettes are sold dump a suspension. Co This chart pupae by: Association tor Nonsmokers - Minnesota 2395 university Avenue west Suite 310 Saint Paul, MN 55114 -1512 (612)041x3005 FAX (612)648-0142 Page 114 oaaKOarn May -15 -96 02:OOP bernardy 1PPE ?EBZPO FAX 123456789 +1 612 - 574 -1639 neat ne l iI .r I l 11 2: Co .Il \I t II (. u n P.04 RESTRICTING YOUTH ACCESS To TOBACCO— TOBACCO ORDINANCE PROVISIONS Licensing Tobacco Vendors Local ordinances that contain regulations and provisions can make a difference in restricting youth access to tobacco. The vast majority of Minnesota cities with a population over 2,000 already Require vendors to have a license to sell tobacco. Tobacco ordinance govern all licensed tobacco vendors in a connnnnity; however, local ordinances are effective only if enforcement measures ate in place. Compliance checks give a community the enforcement tool needed to monitor underage selling of tobacco products and other provisions of an ordinance and to enforce penalties. Ordinance Provisions Fees The license fee should cover the cost of enforcement through compliance checks. Costs include: staff time to coordinate checks, fstradva timsstipends License youth buyers and adult trivets, mileage costs, fees typically range from $12 to $250 a year. Penalties Ordinances that include penalties on license beldam of increasing severity for repeated sales to minors and which culminate in suspension or revocation of the tobacco retail license can be a vary strong incentive for vet** compliance. The more straightforward the penalty, the easier it will be to enforce. There is debate about how to deal with the cleric who sells tobacco to minors. Some believe a modest fine on the clerk is warranted, or a graduated penalty fee, while others feel the burden of compliance belongs on the license holder, the person who profits from the tobacco sales. Community discussion can determine how to decide this issue. Point of Purchase Restrictions Banning or restricting self - service displays may reduce youth access to tobacco in two ways: 1) Youth are less likely to try and buy tobacco products when they need to request service from a stop employee. Cantata. Buss= taoManan - Common Eutaw Pnouwto$ Ras Page 115 2 -55 May -15 -96 02:28P bernardy IPPE7EBZP0 FAX 12345&789 +1 612- 574 -1639 P.02 A Merchant Education Packet is availabk.from the Nonsmekiag/ASSIST Section at MDl. Ti P SHEET r� 2) The absence of displays makes it more difficult to steal tobacco products. The ideal situation is to have all tobacco products behind the counter and accessible only with assistance of the clerk. Age of the Seller The seller of the tobacco product should be over the age of 18. The rationale is that minors have more difficulty turning down sales to other minors. This is an issue that can cause debate — some communities are unwilling to include a provision that could deny employment opportunities fox minors. Vending Machines At least 20 Minnesota cities have adopted a total ban of vending machines. A total ban is easy to understand and enforce and sends a strong message that the community wants to protect its youth from tobacco. Minnesota state law restricts the locations of cigarette vending machines and specifies that in most locations the machine must be in plain view of an employee and furnished with a locking device. In 1991 surveys conducted by the University of Minnesota showed that the law made it only slightly harder for a 15 year old to buy from a vending machine than before the law was passed. Enforcement Measures Compliance checks are an effective way of finding out whether vendors are complying with the law. Some ordinances require compliance checks and dedicate license fee moneys to pay for regular compliance checks. When they involve working with local law enforcement, compliance checks can be a valuable tool in pendi_Jng those merchants who do not comply with the law, and rewarding those wbo do. Many communities use local youth groups to assist with compliance checks. Check with your local D.A.RE. officer, Girllfoy Scouts, Camp Fire, 441, or other youth organizations for possible resources for conducting compliance checks. 2 -56 COMICAL HIROO hest - Canteen RS.ara PROMOTION art Page 116 J 0. a O 0 0 Z cn T 01 ° Ol C U c•O ° g....9...: 0 ca L'3 0 4= E / o>c yFy2FUU. pbOC C T p °CQ F =cam ^C R N �a.. yF V) U O 3 c�c• °,F6 'O ° c R R no 3 o o s ' oc.i T O p E E Y ^ r0 .c^� ZS) , '�U U L2 R u . L�U m'O c OO C .�+° V 'y R d . 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Ct „4::...7:-,;.=,;,,,......, R G R n 4202 G N d N O E O' y ° mTU V.. 0 0 al Oy4^ .+ . y m" C°2aV- O "vU N G V) E 72 7 00 0C 0 a Y • h co N ' y 3 R 7 E a d UN3 7FF;E�F >C U F.. C.. m p U � cu a" 9 ° L ,, z O U OD O N N . O _ . O 6 O N U o mp t c J3 m p o m > u c. 7 T U c O �� t •E E'a o E 0 =" o • 3 i t 0 c O •o °c 0 t'i m m m F c "E" .7,, o -a as t- a `o.o m U•E t >EO000 E>, c "E.g ..°.2R 1 qF:A 0 /� yr H y • L 'Q �H �U^1 oco .'� H tp co • , ri co • • • r l = Y) H V • AMY KUEBELBECK ASSOCIATED PRESS �O rm G O G R V E • C.0 L .... 0 U C O C O G m R0 t 0 C R a E N H 0 N L — O O a N GU 1. tn.OGC ul E N F C C. Tv O .O Nn, . � N•0.. ud -2, • w c � o O..' m 0 0..E U v wF.c N U U U C V :O fn E O o h a w 0 l .• ' 0., 0 O U m 0 E= o°° :.2 'I, 0-c uE u � N ° `EO° N E ° a m c m m no NPN c-» te v: UOa�v D.c 0 -0 CV .. 0 N... -. Page 117 It's illegal to sell cigarettes to teenagers in Minnesota, but some communities enforce the law strictly; others do not. When teens went undercover to try to buy cigarettes, guess where they found it easiest. Many stores in Minnesota still selling . cigarettes to teenagers, study finds By Conrad deFlebre Star Tribune Staff Writer --The first widespread survey of compliance with Minnesota's ban on tobacco sales to minors has found that underage buyers were able to buy cigarettes at more than a third of the stores visited. The results released Monday showed similarities with national Studies showing that more than •two- thirds of U.S. stores sell to- bacco to children under 18. But the Minnesota findings also reig- :,v nited a long - running controversy over how best to keep kids away from cigarettes. In the Minnesota communities with strong local penalties for merchants who sell to minors, only 21 percent of attempted buys by undercover teenagers in the study were successful. In communities without such penal- ties, the success rate was more than twice as high: 49 percent. "These findings show that lo- cal ordinances can literally save young lives," said Attorney Gen- eral Hubert Humphrey III, the state's most prominent crusader against teen smoking. But retail and tobacco industry representatives used the results to argue exactly the opposite: that statewide controls are need- ed to attack underage smoking in places lacking tough local laws. Turn to TOBACCO on A8 for. —Bill failed in 1996 Legislature. Also on A8: — Results of compliance checks in metro area communities. Page 118 Page 119 Many Minnesota stores sell tobacco to minors, study says "If we had a law that every At a glance: retailer across the state had to comply with, the rate could be Tobacco sales to minors even better," said Judy Cook, An antismoking project fed by the president of the Minnesota Retail Minnesota Health Department and Merchants Association. the Minnesota division of the Ameri- In the 1996 legislative session, can Cancer Society tested whether retailers backed such a bill, which stores are illegally selling tobacco they touted as the strongest in to minors. Under the supervision of the nation. But it failed because adults, children under age 18 tried of their insistence that it also bar to buy tobacco in 914 stores in 49 Ideal governments from enacting communities around the state. The anything tougher. Antismoking tests showed that in communities forces refused to accept that pro- with local ordinances regulating to- vision, called local preemption, bacco sales, stores were less likely and considered the bill's defeat a to sell tobacco to minors. Here are victory for their cause. the results of the compliance • Jeanne Weigum, president of checks in metro area communities. the Association for Nonsmokers- Minnesota, said the bill was un- Cities with youth access ordinances acceptable because its penalties Shakopee 39% against merchants were too weak. Plymouth 36% In addition, she said, the political North St. Paul 20% process of enacting local tobacco Falcon Heights 20% ordinances raises community Shoreview 16% Stillwater 14% New Brighton .. ...... ....... 9% Eden Prairie 7% awareness and involvement in the teen smoking issue in a way that state legislation cannot. "These findings show why to- bacco lobbyists are pulling out all the stops to try to ban local to- bacco ordinances," Humphrey said. "They know that if kids don't start smoking as minors .. . most won't start at all." Under state law, selling tobac- co to a minor is a gross misde- meanor. It is seldom enforced against store clerks, however, and contains no penalties for propri- etors. A growing number of cities have enacted such penalties, ranging from fines to license sus- pensions and revocations, but many more have not. In the spot checks, none of the 19 cities and townships with strong local tobacco laws had more than 49 percent noncompli- ance. The spot checks were con- ducted at 914 stores over the past seven months by youths working with adult supervision. The pro- ject was sponsored by the Minne- sota Health Department and the Minnesota division of the Ameri- can Cancer Society. In some places, new laws pro- duced startling results. In Fergus Falls, for example, compliance checks before passage of a local ordinance showed 50 percent of the stores selling to minors. In the latest survey, that was cut to 3 percent. Noncompliance in areas with- out local laws ranged from 0 to 100 percent. One of the 100 per- cent towns was Rush City, in the "strict of the local preemption Cities without ordinances Prior Lake . __.100% Ramsey. .„ 100% St. Croix Beach ........... _100% Forest Lake ............ _. .... _...... „_._...__. 84% Oak Park Heights . „._. „.._„ 75% Wayzata 73% Bloomington 67% Hopkins 67% Burnsville 52% South St. Paul 35% White Bear Lake 33% Richfield 30% Inver Grove Heights 12% Maplewood 10% Bayport 0% Lake Elmo 0% Lakeland 0% bill's sponsor, DFL Rep. Loren Jennings. Minneapolis and St. Paul were not included in the survey, which covered towns in 22 counties. Prior Lake, Bloomington, Forest Lake, Hopkins, Oak Park Heights, Ramsey and Wayzata — all Twin Cities suburbs without strong or- dinances — showed at least two - thirds of stores selling to minors. "It was kind of weird that so many clerks sold to me,” said one undercover 17- year -old who got cigarettes at 12 of 16 stores in Bloomington. "I don't think I look like I'm 18, but they just set the cigarettes on the counter and said, 'Here you go.' " Regulating tobacco sales KENT SULEM tudies indicate that a vast majority of smokers start smoking by the time they are 18. Studies also show that if individuals can make it to 18 without starting to smoke, they will likely never become smokers. Minnesota Statute 609.685 makes it illegal to sell tobacco and tobacco related products and devices to anyone under the age of 18 years. The statute also makes it a misdemeanor for any person under the age of 18 to possess tobacco or tobacco related products and devices. Despite these legal prohibitions, it is a common sight to see groups of teenagers smoking outside of school buildings, fast food restaurants and other popular teen hangouts. Cities frequently ask two questions when faced with the issue of smoking by minors. The first question is, "Why should cities worry about this prob- lem?" There are several reasons why cities should be interested in curbing illegal smoking by minors. First, smoking by minors is a violation of the law. Cities should always be interested in reducing the amount of illegal activities occurring within their limits. Second, and related to the first reason, a city's overall image is enhanced by creating a cleaner and healthier environment for its youth and adults. Finally, smoking related health care costs drain federal and state budgets of millions of dollars per year. Tightly enforcing the law and reducing the number of underage smokers will help reduce government spending for smoking related health care costs, thus freeing up funds to be used for other city interests. The second question cities ask when confronted with the problem of smoking by minors is, "What can we do about it ?" This question is answered by state law authorizing cities to adopt an ordinance at least as restrictive as the requirements of M.S. 609.685. Such an ordinance would allow a city to take responsibility for enforcing the prohibition of the sale to and the possession by minors of tobacco and tobacco related products and devices. Several cities across Minnesota. and nationwide. have already adopted very strong ordinances regulating the sale and possession of tobacco and tobacco products and devices. Some cities in the United States are also adopting new and innovative ways to combat the problem. The courts appear to be allowing increasingly restrictive regulations as long as the primary purpose of the ordinances is to prohibit unlawful access by youth to tobacco and tobacco related products and devices. Restric- tions on the advertising of cigarettes and other tobacco products and related devices are also becoming increasingly popular. Several decided and current cases will determine the extent that such advertisements can be restricted. A city interested in regulating the sale of tobacco and tobacco related products and devices to minors, should consider adopting the following types of provisions: Require all vendors of tobacco and tobacco related products and devices to obtain a license to sell such items. Treat the license like any other license, but set the fee high enough to help cover minimal inspections of licensed premises. Fees of $200 to $500 per year are common. Some cities are finding success with a graduated fee schedule that sets the initial fee at an amount, such as $500, and provides discounts if the store owner agrees not to have vending machines, prohibits or restricts self - access, or trains the store's clerks in checking for age identification and in spotting false identification cards. A pro -rated fee schedule provides an incentive for the vendor to take some action, rather than relying solely on city regulations and involvement. The Page 120 ordinance should also provide that the illegal sale of tobacco or tobacco related products and devices shall be grounds for the suspension and /or revocation of the license. A graduated penalty scale is advisable with increas- ing suspensions for initial violations and revocation after multiple viola- tions. A penalty scale will encourage store owners to require their clerks to ask for proof of age before selling tobacco or tobacco related products and devices 10 anyone who appears to be under the age of 18 years. Regulate cigarette vending machines. Since vending machines offer minors easy access to tobacco products, the courts have been receptive to tight restrictions on such machines. Some cities completely ban vending ma- chines, while others require that machines have restricted access and be in the plain view of employees so that only persons who are at least 18 can obtain cigarettes. Prohibit self - service stations of tobacco and tobacco products and devices. This provision would make it illegal for stores to have open racks of cigarettes. Tobacco and tobacco related products and devices would be kept behind the counter and would only be accessible to employees, thus reducing access by minors as well as cutting down on the risk of shoplifting. At the very least, a city should prohibit the self - service display of individual packages of cigarettes. Make it a misdemeanor for minors to possess tobacco or tobacco related products and • devices. The ordinance should also make it a misdemeanor to alter one's age by use of false identification, or by use of another person's identification. This is the current law, but such a provision allows for easier local enforcement. In addition, the ordinance should define all major terms and specify enforcement procedures, such as the right of the city to perform random ...- MINNESGTA C;T:ES AUGUS -'^-: .3 c inspections of licensed premises by using undercover minors. Other possible regulations might include prohibiting the sale of tobacco within a set distance from any school, church, residence or other similar areas; establishing "smoke -free" or "tobacco-free" zones; and adopting stricter clean indoor air requirements than currently provided for under state law (possible pre-emption problems would have to examined). Based on the argument that tobacco sales should be as tightly regulated as alcohol sales, at least one city has tried to make it illegal for anyone under the age of 18 to sell tobacco or tobacco related products and devices. Another option is to establish policies of not advertising tobacco related products in recreational facilities owned by the city and used by youth who are under the age of 18. Finally, there is growing support for a ban on "point -of -sale" advertising. One Minnesota city is currently involved with a legal challenge to its ordinance that prohibits the use of tobacco advertising, except for black and white text signs, on any premises licensed to sell tobacco or tobacco related products and devices. This ban prohibits advertisements on clocks, shopping carts, check-out line dividers, trash cans and other popular mini - advertising sites. A number of cities have expressed interest in this type of prohibition. The League is following this case and will advise cities of their rights after a decision has been reached. Another resource for cities faced with the issue of smoking by minors, is the Minnesota ASSIST program of the Minnesota Department of Health and the American Cancer Society. Minne- sota ASSIST works to promote a tobacco-free environment. Minnesota ASSIST has recently begun targeting cities for assistance in the campaign to enforce the law against the illegal sale Campbell, Knutson, Scott & Fuchs, P.A. Attorneys at Law Practice dedicated to the representation of cities and other units of local govern- ment throughout Minnesota. Expertise that respects )/our budget. • controlling development • anneation • employment disputes • wetlands and water law • code enfareement • general government Contact: Tom Scott (612) 452-5000 or 1- 800 - 452 -5030 1380 Corporate Center Curve, Eagan, MN 55121 MINNESOTA C171 ,1.5 AUGUST to and possession by minors of tobacco and tobacco related products and devices. The program has a number of sample ordinances and research articles on the topic. The League is currently working with Minnesota ASSIST to develop a model tobacco ordinance. Early discussions have focused on establishing an incentive program that encourages cities to create tobacco-free environments for their youth. More information will be available this fall. Cities wishing to receive sample tobacco ordinances, or with specific questions about creating a tobacco-free environment and reducing the number of underage smokers, can contact Francie Mantak of Minnesota ASSIST, (612) 623-5756, or Kent Sulem at the League office, (612) 490-5600 or (800) 925-0072. TIE Kent Sulem is codification attorney with the League of Minnesota Cities. SERVING MINNESOTA CITIES The newly formed MINNCOR Industries, combin- ing all the resources of Minnesota Correctional Industries, offers a wide range of quality products to economically meet the needs of your city! ❑ OFFICE AND INSTITUTIONAL FURNITURE O FACILITY SIGNAGE O OFFICE SUPPLIES O PRINTING O EMERGENCY GLOVE POUCHES O INSTITUTIONAL CLOTHING & TOWELS ❑ VEHICLE REFURBISHING O PIERS AND DOCKS Please call, write or fax us to find out about these products and more: (In MN) 1-800-MINNCOR (646 -6267) Ph. (612) 627 -6030 / Fax (612) 627 -5448 2855 Anthony Lane So. Suite 200 St. Anthony, MN 55418 age 802. CIGARETTE SALES 802.010. LICENSE REQUIRED. It shall be unlawful for any person to deal in or sell at retail any cigarettes without having first obtained a license to do so as herein provided. 802.020. APPLICATION. Any person desiring a license to engage in the business of dealing in or selling cigarettes shall first make application therefor to the Council of the City by filing with the City Administrator for presentation by him to the Council an application in writing, which application shall set forth the name and place of residence of the applicant and the exact location of the place at which the applicant proposes to carry on said business. Said application shall be signed by the applicant in person, and when received by the City Administrator shall be placed on file; provided, however, that no such application shall be received unless it is accompanied by the payment of a fee as provided for herein. 802.030. DEPOSIT FEE. At the time of filing an application for a license to engage in the business of selling cigarettes at retail, the applicant shall deposit with the City Administrator the sum of Fifty Dollars ($50.00) and the Administrator shall thereupon deliver to the applicant a receipt therefor containing a statement of the purpose for which the deposit was made and a copy of said receipt shall be attached to and filed with the application. 802.040. INSPECTION. Any applicant shall permit the officers of the City to inspect and examine the place of business described in the application and any refusal on the part of the applicant to permit such inspection will be sufficient ground for the Council to refuse the license applied for. 802.050. LICENSE GRANTED BY RESOLUTION. The Council shall, after whatever investigation it deems necessary, by resolution grant the license applied for by such applicant, if in the opinion of the Council he is entitled thereto. 802.060. ANNUAL LICENSE YEAR AND FEE. The annual cigarette license shall commence July 1 of each year. The annual fee shall be determined by resolution of the City Council. If the application is made after January 1, the annual fee shall be prorated on a monthly basis. However, the minimum fee shall be Fifty Dollars and no /100 ($50.00). (Source: Ord. 3, Amended: Ord. 331) 802 -1 Page 122 LITTLE CANADA PARKS AND RECREATION DEPARTMENT 515 Little Canada Road / Little Canada, MN 55117 -1600 Telephone: (612) 484 -2177 / Fax: 484.4538 May 16, 1996 JIM MORELAN, Director JACK FITZGERALD, Asst. Director MICHELLE DeBACE, Program Coordinator TO: Mayor Fahey and Members of the City Council FROM: Jim Morelan, Parks & Recreation Director RE: North Suburban Youth Association Donation Request In early March, I applied for a grant from the North Suburban Youth Association for the funding of a permanent batting cage, pitching machine, and storage building to be constructed in Pioneer Park adjacent to the basketball court. The total amount of the grant request was $15,500. I appeared at NSYA's monthly board meeting held on April 30th to present this grant request, which was subsequently denied by the Board. In discussing the denial with Bob Matson, he encouraged the City to re -apply in the future, indicating that the Board may react favorably to the request if a portion of the project was funded by other sources. Since that time, I have been trying to identify other funding sources for this project. To date, I have a commitment from an individual resident for $1,000. I have also discussed the project with the Little Canada Recreation Association and requested a $1,000 donation from this organization. However, the LCRA does not meet until early June so the outcome of that request will not be known until then. I would also like to request $2,000 in funding for the project from the City's 10% Fund. Anticipating approval of these funding requests, I have submitted a revised grant application to the NSYA in the amount of $11,500. I anticipate this request will be considered by the NSYA Board on May 28th. Therefore, I would like to have a commitment for as much of the remaining $4,000 in project costs as possible. It is my recommendation that the City expend $2,000 from the 10% Fund for this project in the expectation that the additional $13,500 would be donated as outlined above. If you have any questions, please contact me prior to Wednesday's Council meeting. Page 123