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04-24-1996 Council Agenda
AGENDA CITY OF LITTLE CANADA REGULAR COUNCIL MEETING WEDNESDAY, APRIL 24, 1996 1. Call To Order - Regular City Council Meeting - 7:30 P.M. 2. Roll Call Mayor Council Member Council Member Council Member Council Member City Administrator City Attorney Consulting Engineer City Planner Administrative Asst. Mr. Michael Fahey Mrs. Beverly Scalze Mr. Jim LaValle Mr. Steve Morelan Mr. Bob Pedersen Mr. Joel R. Hanson Mr. Tom Sweeney Mr. Jerry Bourdon Mr. Steve Grittman Mrs. Kathy Glanzer 3. Approval of the Minutes - April 10, 1996 Workshop Meeting April 10, 1996 Regular Meeting 4. Announcements This agenda is subject to change by additions and deletions. MINUTES CITY COUNCIL APRIL 24, 1996 B. PUBLIC HEARINGS & REVIEWS 5. Public Hearing - Continuation of Public Hearing to consider the rezoning from Single - Family Residential (R -1) to Medium Density Residential (R -2) - 10 W. County Road C - Gene Fasciana Correspondence Pages 1 through 20. 6. Public Hearing - Conditional Use Permit for Accessory Building larger than 1,000 square feet in size - 951 Beam Avenue - Gerald Battista Correspondence Pages 21 through 36. 7. Public Hearing - Conditional Use Permit for Total Accessory Building Area larger than 1,000 square feet - 2947 Centerville Road - David Regnier Correspondence Pages 37 through 43. 8. Public Hearing - Text Amendment amending the General Business District (B -3) to permit small automobile rental operations as a permitted or conditional use - 80 Minnesota Avenue - Reliance Car Rental Correspondence Pages 44 through 54. C. PRESENTATIONS 9. Request for Approval of Massage Therapist License - Joan Gudmundsen Correspondence Pages 55 through 68. D. CONSENT AGENDA 10. Call for Workshop Meeting with Fire Department - Wednesday, May 8th, at 6:30 P.M. Correspondence Page 69. 11. Leave of Absence - Beverly Jespersen Correspondence Page 70. 2 MINUTES CITY COUNCIL APRIL 24, 1996 E. STAFF & CONSULTANT REPORTS 12. City Attorney 13. City Planner a. Timetable for Adoption of Comprehensive Plan Update Correspondence Pages 71 and 72. 14. City Administrator a. 10% Committee Recommendations Correspondence Pages 73 through 76. b. Tax Forfeited Properties - Little Canada Road - Ruth Street Correspondence Pages 77 through 79. c. Stop Sign at Little Canada Road /McMenemy Road Correspondence Pages 80 through 88. d. Heritage Office Park Development Agreement Correspondence Pages 89 through 101. e. Streetscape Proposals Correspondence Pages 102 and 103. f. Rice Street /Little Canada Road Area - Developer RFP Discussions Correspondence Pages 104 and 105. F. DEPARTMENT REPORTS 15. Economic Development 16. Public Safety /Gaming 17. Public Works 18. Building /Zoning /Code Enforcement 19. Parks & Recreation a. Use Deed on Lake Street Property Correspondence Pages 106 through 110. 20. Administration 21. Adjourn 3 Little Canada, Minnesota APPLICATION FORM N? \17 " PAID5 -CG% Rec. No Comprehensive Plan Amendment Conditional Use Permit Zoning District Amendment Variance Text Amendment Subdivision Other Planned Unit Development Plan Review Applicant %YCt' CT 74- Flts C /1)--7,.-/- i 7;5- At/(i/- 71 Z%,Yyi _66-0 (Name) (Address) "(Phone) Owner F (,1 6-- "n "Aj G% /1'72- 7)C ,i'G61'/3 PG'y L/TY 67)'0 (Name) (Address) (Phone) Property Location (Street Address and Legal Description): (Tc; / / ,(U'PD C 6 0-7 - Zc1 -Z2 -zl -0o49I La* / ' v /aGL of GOT 5 51/C Ci 10 W. COUNTY ROAD C Description and /or Reason for Request (Cite Ordinance Sections): X A , ' di: D i I ? l C R C(/ c-_D 4- v/ ,c-' k /v7 L v .� L1 ,_ „1-)77- C. ba I> 0 r IA /7// C 0 71 7 S(> l i Pe i ,41 Q'lL0 -1.-7- A-z-(a tr'- 1t.. , REZONE FROM R -1 TO R-2 In 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. (Signature of Applicant) Page 1 WHITE — Office CANARY— Customer PINK —File GOLD — Planner (Date) ct,Ltrr.x. n ce4 ceemeak 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 4538 CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING REZONING PROPOSAL: MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Request for approval of a Rezoning of property from Single - Family Residential (R -1) to Medium - Family Residential (R -2) to allow the construction of a twin home. PROPERTY LOCATION: Parcel No. 07- 29 -22 -21 -0049 10 West County Road C Little Canada, MN 55117 PROPERTY OWNER: PLANNING COMMISSION: CITY COUNCIL: Eugene & Joan Fasciana 735 Keller Parkway Little Canada, MN 55117 The Little Canada Planning Commission will be reviewing this matter at their Thursday, March 14, 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. Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, March 27, 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, March 14, 1996 and the City Council meeting on Wednesday, March 27, 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 2 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 March 20, 1996 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: Request to Rezone 10 West County Road C MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Please be advised that Gene Fasciana has requested that the public hearing to rezone the property he owns at 10 West County Road C be postponed until the April 24th Council meeting. Mr. Fasciana would like the additional time in order to put together more detailed plans of the twinhome he is proposing. Mr. Fasciana would like to take these plans around to the neighborhood to give the property owners an opportunity to get a better idea of what the structure will look like. Therefore, Council is requested to table the rezoning hearing until Wednesday, April 24, 1996. I have taken the liberty of sending a notice to the property owners in the area advising them that the public hearing will be postponed until April 24th so as not to inconvenience them with having to attend two meetings. Page 3 Edward & Margaret Scott 64 W. County Road C Little Canada, MN 55117 07- 29 -22 -22 -0003 Raymond & Janice Wlaschin 2626 Park Street Little Canada, MN 55117 07- 29 -22 -22 -0004 Mark & Deborah Schultz 2610 Park Street Little Canada, MN 55117 07- 29 -22 -22 -0005 Mark & Maureen Fourre 2602 Park Street Little Canada, MN 55117 07- 29 -22 -22 -0006, 0007, 0008 Mary Jo Magnuson 2593 Spruce Street Little Canada, MN 55117 07- 29 -22 -22 -0015 David & Kami Snell 2603 Spruce Street Little Canada, MN 55117 07- 29 -22 -22 -0016 Robert & Paula Roslansky 2611 Spruce Street Little Canada, MN 55117 07- 29 -22 -22 -0017 Robert & Mary Lanoux 2617 Spruce Street Little Canada, MN 55117 07- 29 -22 -22 -0018 Thomas & Carol White 2623 Spruce Street Little Canada, MN 55117 07- 29 -22 -22 -0019 Margaret Hentges 60 Rosewood Drive Little Canada, MN 06- 29 -22 -33 -0064 Traci & Alfredo Quinzon 2605 Stark Street Little Canada, MN 55117 07- 29 -22 -21 -0132 David Finkelson 2620 Spruce Street Little Canada, MN 55117 07- 29 -22 -21 -0133 Dennis & Jean Christensen 2615 Sylvan Street Little Canada, MN 55117 07- 29 -22 -21 -0134 N.E. & J.K. Finkelson 2612 Spruce Street Little Canada, MN 55117 07- 29 -22 -21 -0135 Wayne & Kathleen Woodruff 2605 Sylvan Street Little Canada, MN 55117 07- 29 -22 -21 -0136 Jerome & Shirley Wester 2590 Sylvan Street Little Canada, MN 55117 07- 29 -22 -21 -0142 Michael & Jolene Riley 2620 Sylvan Street Little Canada, MN 55117 07- 29 -22 -21 -0147 Mahendra & Shannon Saraswate 2610 Sylvan Street Little Canada, MN 55117 07- 29 -22 -21 -0148 Howard Holden Shirley Rasmussen 2600 Sylvan Street Little Canada, MN 55117 07- 29 -22 -21 -0156 Thomas & Carol White 2623 Spruce Street Little Canada, MN 55117 55117 07- 29 -22 -21 -0163, 0162 Michael Van Wert 55 W. County Road C Little Canada, MN 55117 06- 29 -22 -33 -0065 Carol Trasher 54 Rosewood Drive Little Canada, MN 55117 06- 29 -22 -33 -0066 t Page 4 Catherine Wayne, Dewey Raschick & Karen Lee 42 W. County Road C Little Canada, MN 55117 07- 29 -22 -22 -0001 Joseph Oahe 50 W. County Road C Little Canada, MN 55117 07- 29- -22 -22 -0002 Gergory Schloer 43 W. County Road C Little Canada, MN 55117 06- 29 -22 -33 -0067 North Suburban Company P. 0. Box 17830 St. Paul, MN 55117 06- 29 -22 -34 -0036, 0039, 0041, 0042, 0043 William & Bernadette Hafner 356 Eldridge Ave. E. Maplewood, MN 55117 06- 29 -22 -34 -0037 0lusegun & Catherine Adeboye 2671 Sylvan Avenue Little Canada, MN 55117 06- 29 -22 -34 -0061 Robert & Renee Scheiben 2665 Sylvan Street Little Canada, MN 55117 06- 29 -22 -34 -0062 Todd & Stephany Davis 2659 Sylvan Street Little Canada, MN 55117 06- 29 -22 -34 -0063 John & Judith Seibel 3623 Oak Creek Terrace Vadnais Heights, MN 55127 06- 29 -22 -34 -0096, 0100 t Page 5 Darrell & Mary Johnson 2597 Stark Street St. Paul, MN 55117 07- 29 -22 -21 -0046 Gregory Saiko et al 2615 Stark Street Little Canada, MN 55117 07- 29 -22 -21 -0047 Gertrude Simbeck 2623 Stark Street Little Canada, MN 55117 07- 29 -22 -21 -0046 Eugene & Joan Fasciana 735 Keller Parkway Little Canada, MN 55117 07- 29 -22 -21 -0049 Mildred & Nancy Youngs 20 W. County Road C Little Canada, MN 55117 07- 29 -22 -21 -0050 Marjorie Doody 30 E. County Road C Little Canada, MN 55117 07- 29 -22 -21 -0036 Germaine Nash 20 E. County Road C Little Canada, MN 55117 07- 29 -22 -21 -0037, 0038 Joseph & Carol Nash 10 E. County Road C Little Canada, MN 55117 07- 29 -22 -21 -0039 James & Patrice Gustafson 2569 Ruth Street Little Canada, MN 55117 07- 29 -22 -21 -0121 Marla Phillips 2586 Spruce Street Little Canada, MN 55117 07- 29 -22 -21 -0123 State of Minnesota Trust Exempt 50 Kellogg Blvd. W - Suite 6208 St. Paul, MN 55102 07- 29 -22 -21 -0124 Robert & Carina Pinc 1041 Gervais Avo. St. Paul, MN 55109 07- 29 -22 -21 -0125, 0125 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 Mayor and City Council Little Canada Planning Commission FROM: Bob Kirmis /Stephen Grittman DATE: 8 March 1996 RE: Little Canada - Fasciana Rezoning FILE NO: 758.09 - 96.04 BACKGROUND Mr. Eugene Fasciana has requested a rezoning of an 18,000 square foot parcel of land located south of County Road C and west of Sylvan Street from R -1, Single Family Residential to R -2, Medium Density Residential. The requested R -2 zoning is intended to allow ultimate construction of a twinhome upon the subject property. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Area Zoning Exhibit D - Building Elevations Exhibit E - Floor Plan ANALYSIS Rezoning Evaluation Criteria. In consideration of rezoning requests, Section 921.010.0 of the Zoning Ordinance directs the Planning Commission to consider its possible adverse effects. Judgement must be based upon, but not limited to, the following factors: 5775 Wayzata Blvd. • Suite 555 .St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 Page 6 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Land Use Plan. The City's Land Use Plan (existing and pending) suggests low density residential use of the subject property. While such land use designation does not specifically exclude twinhomes, it does encourage compatibility between land uses. Because twinhomes are technically considered low density residential use, approval of the requested rezoning would not necessitate a change to the City's Land Use Plan. 2. The proposed site is or will be compatible with present and future land uses of the area. To determine the compatibility of the proposed use, it is beneficial to examine land uses (and zoning designations) which surround the subject site as provided below: Direction Land Use Zoning North High Density Residential R -3 South Low Density Residential R -1 East Low Density Residential R -1 West Low Density Residential R -1 As shown above, the site in question is bounded on the north and on the south, east and west by low density residential uses (single family). While it is acknowledged that higher density residential uses exist to the north of the subject property, some compatibility concerns exist in regard to the placement of a twinhome amongst abutting single family dwellings (to the south, east, and west). Because issues of and use appropriateness are considered matters of policy, City officials must determine whether the proposed use (twinhome) can compatibly exist upon the subject property. 3. The proposed use conforms with all performance standards. As shown below, the site in question exceeds all R -2 District dimensional requirements. Lot Area Lot Area Per Unit Lot Width Required Proposed 15,000 SF 18,000 SF 7,500 SF 9,000 SF 75 feet 120 feet 2 Page 7 While the applicant has not submitted a site plan for review, the construction of a twinhome upon the property would require compliance with applicable R -2 District setbacks and other Ordinance performance standards. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Under a recent amendment to the Zoning Ordinance, the applicant is required to provide clean and convincing evidence that no such depreciation will occur. The application does not include this information. CONCLUSION Decisions regarding land use appropriateness are considered matters of City policy to be determined by City officials. While long term low density residential use of the site is considered desirable and consistent with the City's Land Use Plan, question exists as to whether the proposed use (a twinhome) would compatibly exist with surrounding single family dwellings. Such compatibility concerns may suggest that the proposed land use, at this particular location, is inappropriate. pc: Kathy Glanzer Greg Schmidt Eugene Fasciana 3 Page 8 this map Is tor pl•nnIn0 purpose. only •nd should not b• used when pr•el•• measurement Is r squired. northwest associated consultants, inc. Page 9 EXHIBIT A - SITE LOCATIO (1o) (I1) 102 ' . `, i `. • 6• ,,( 7 8 0 l 4 P``4 c 31 I27SI r i'n /23-1- 4 9 h x (77) 5 cba 11455 ����_17yyy�¢1 1(3' i-' n& 4� 1 2707 1 13 1 254) : 0ri•-•5 3 1.39 f23i� ))2 131 2. N D �<``•• zc \ M ADP. l i 1(M.. +n'' 1 2bt3°CSE) R44131 (3s) 1.23 ac. • �� 37 2iF', 131 1 w -1(4s) 5 ;1 ro i •.9 te 0 nc • 0 e 1 30 5o 40 11 < 10 (16, (is) • 30 19 4 (n 1 Lz11 0 (2B) (�) (30) 0 (31) a la ociRli �• S \'•� Y \'Ca • 7367 M1 bl 4 55 32) �0d1• 113 16(40) • 2647 '7 1 2.67 16) 134 • 1 8(6L) , Nbs b3)1, / a \ '47 / nlk3i N0 400. 34 04 xi 1 h.1 2422.7 �yq Y e 0 30 70 30 S) 10 9 r 11 4 7 6 • II') 91 4 r?\ 3 1 9) 40 • .1 t • ^ ©a+• Zo 14 •26 •15 .11.: 6 (Si 47 7 !e • e? 19 a..a14, 4� 21 • CO 2.336 `) b1 24 ' p.N4d •• � . 7 • � —_ '\ 49 i !,4 ao peg' t h' ill 4t. :. _44_ (P)• 4oZ7O� -___-39__L 38 z t S37 (7.1.1 ,. T 33 �z a 1[l�r 2 I2b1171�177 Ch :, . I. ... I l; A .314213 39 r,= >n 1ki 2 ST3 0'9•n 7.6 0 1 ▪ ' I,$ 5�a�3 2 1 3.6131 35 4 A? (44) 'PI til 1' (4)qm z J 4,0 (3 9) n° 6 49" (20) O .. SS`C P 1» • 30 0' d 930 x)) S' 30•, C 46e.L 7 g Q 2 9. o;� °Ll q� tz Fi 71 I ,m• (41) o $ 1 0 7 /65 • 19° ` /65P n 13 ' zz 2p • • za• 1 0 F• 201.' I•I 716 3) 97 A- A-0 104.27 • 2 33 1 (2845 (3L)?1 3 L:1, NS r .62a (35) 3(40) 601 73 O• 'V'', 49 V, J0) 173.61 n �1 5 krb'1'4- li � `O P'�1 ( r' -413 c1 T - 1 .1 : 0 L_ pi ... 001 r(1,4' P3 • �.; 1 •1 1441 . 14 • L )7h 13 •'101(.271 :4jj46)19 / t' b F.: 66 1 1 ~/ ai OIV , r �8, a , __ v) vo 16 1 / ' 19 V s: 17 /01,.126 t• (154)1B �_ 41, 1e r400 _?- .N • 2600) h-1f C132% ' 19 � ' 20 2• 39 . . 29 ' R._. _21 47_3051 10) * 6 21 nt25 1_ 3T—'r 222 : 11142/7,3 4•C tit 147; i ' 23 N 430 2 •N'tt 46 I G) 10191817 6 1 11: L 1 514 13 2 58 5 35 3 r�7 Q?.i " l0 314732,53 air( (1?2P2 63 b ■ _o, 134.62 (143 )_ r 4, Page 10 2• L •1:2 33 280' 25147 2349 J6 3i1/Cf : .45Ptl.1 I IBv.p 864 Ly 1256- .Ir, • 'o13 D'7 65 4 U 2 4 4 4' 1 4. 9' to_ 4: 7 163: �• 3E u 11 V A6 �, 6 5 4 3 ■ 5 EXHIBIT B - DETAILED SITE LOCATIOP ■ 11 .4 tGW ed).:Ariii'e]2: .. IIH !IL BLUWOOD A 1 :;:.1 l'.:. PUD R-4 Page 11 EXHIBIT C - AREA ZONING Page 12 11 it II I 11 11 11 I I 11 I 1 I I 11 -41 1 r 1 4 ill 4 Y 1 EXHIBIT D — BUILDING ELEVATIONS MAR— 4-96 MON 5:16 CITY OF LITTLE CANADA FAX NO. 484 4538 P. 04 W4I44 Fowl 741 pirlou Or, Arg,4" ) . . . .. . 22.1.0') 131-o• . . . 30-ce Nrs010., Isai I,,,v !Is,. • Plhq00^1t l'w.3 -• i FT dadva 10.0 o' ^non- rr-r,40 rt.-44094-o 11,44-A Page 13 ' 1 EXHIBIT E - FLOOR PLAN MINUTES MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA MARCH 14, 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 14th day of March, 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. Rick Montour Mr. Fred Schletty MEMBERS EXCUSED: Mr. Dan Knudsen ALSO PRESENT: Mr. Scott Richards, City Planner Mrs. Kathy Glanzer, Admin. Asst. There being no corrections to the minutes of the February 8, 1996 Regular Planning Commission, the minutes stood approved as submitted. REZONING - Gene Fasciana appeared before the Commission requesting 10 WEST that his property at 10 West County Road C be rezoned COUNTY RD. C from Single - Family Residential (R -1) to Medium - Density Residential (R -2). Fasciana reported that Phil Larson is interested in purchasing the property and constructing a twin home on the lot. Fasciana informed the Commission that he has been trying to sell the property for many years as a single - family lot. However, there are soil problems on the lot which have made it difficult to sell. The lot is also located across from an apartment building. Fasciana pointed out that the lot is large, almost large enough to subdivide into two lots. Fasciana indicated that he talked to the two adjacent property owners who felt the twin home proposal was ideal and would eliminate an eyesore. 1 Page 14 MINUTES PLANNING COMMISSION MARCH 14, 1996 Fasciana reported that the twin home plan submitted has been changed somewhat in that the twin home will now have a basement. Since there are soil corrections needed for the home, and 11 feet of soils must be removed, a basement will be installed rather than having a slab -on -grade structure. Fasciana reported that Mr. Larson is planning to live in half the twinhome, and rent out the other half. Keis asked the value of the structure. Larson reported that each unit will be in the $90,000 to $110,000 range. With the needed soil corrections, it is expected that the value will be closer to $110,000. Carson pointed out that the property used to be a slew. Fasciana reported that that was correct. When County Road C was improved, the City had some dirt to get rid of and asked if the lot could be filled. Fasciana reported that he agreed to the filling. However, now this dirt must be removed so soil corrections can be made. Fasciana reported that the driveways would be accessed via Sylvan. Fasciana indicated the twinhome would meet all setback requirements, and no variances are being requested. Jim Gustafson reported that he owns a lot on Sylvan which he plans to build on. Gustafson pointed out the area is a single - family neighborhood. Gustafson reported that he lives on Ruth Street in a single - family home with multiple - family housing across the street. Gustafson indicated this is fine since he bought his home knowing about the multiples. However, when he bought his Sylvan Street lot it was with the knowledge that the area is zoned single - family. Gustafson reported he opposed the rezoning because he has seen what rental property can do to a neighborhood. Jerome Wester, 2590 Sylvan Street, indicated he opposed the rezoning. Wester pointed out there are 17 houses on Sylvan, and all are single - family. Wester felt rental property would bring down the value of the neighborhood. Wester pointed out that this is a four- 2 Page 15 MINUTES PLANNING COMMISSION MARCH 14, 1996 block area of single - family homes surrounded by commercial development and apartments. Wester felt the single - family area should be left alone. Wayne Woodruff, 2605 Sylvan Street, reported that he built his home in 1992. At the time he checked into the Fasciana lot and was told it was unbuildable. DeLonais reported that the property would be buildable once soil corrections are made. Woodruff reported that Little Canada has more than enough rental property, and he was opposed to more coming in. DeLonais pointed out that any home could become rental property. Gustafson felt there would be a difference in the type of person renting an $180,000 home versus renting half a duplex. Gustafson commented that this generalization might not be fair, but indicated that this has been his experience. Bob Pacyga, 2555 Sylvan Street, reported that he paid an upgraded price for his property since it was in a single - family area. Pacyga reported that he was opposed to the rezoning. Schletty asked the average home value in the area. Pacyga estimated the average value at $140,000. John Gangl, 2560 Sylvan Street, agreed with the comments of his neighbors. Gangl stated that a single - family home was more than welcome, but rental housing was not. Gangl did not feel the twin home would fit into the neighborhood, pointing out that there are some rather expensive homes in the area. Larson suggested that he may sell each twinhome unit, pointing out that they would then likely be owner - occupied. Keis stated his concern was the character of the neighborhood. Keis did not feel the rezoning was appropriate. 3 Page 16 MINUTES PLANNING COMMISSION MARCH 14, 1996 REZONING - RICE STREET/ LITTLE CANADA ROAD AREA The City Planner reviewed his recommendation which indicates because of the single - family nature of the area to the south, there is a consistency issue. The Planner stated that the twinhome could be viewed as a transition from the higher density housing north of County Road C. However, County Road C serves enough of a transition. Therefore, it was the Planner's recommendation to deny the rezoning. Barraclough stated that given the fact each twinhome unit would resell for $110,000 and each would have a full bath and 3/4 master bath, the twinhome seems appropriate for the area. Mr. Keis recommended denial of the rezoning of 10 W. County Road C from R -1 to R -2 as requested by Mr. Gene Fasciana based on the recommendation of the City Planner as contained in his report dated March 8, 1996, and since the property is located within a single - family neighborhood and it was felt a townhome would not be appropriate or fit the character of the neighborhood. Motion seconded by Carson. Motion carried 5 - 1. DeLonais voting against. The Administrative Assistant reported that due to a defect in the mailing list, the rezoning process for the Rice Street /Little Canada Road redevelopment area must be repeated. The Commission is asked to consider the rezoning of certain properties within the Rice Street /Little Canada Road redevelopment area to Planned Unit Development (PUD). Bill Mulgren, Ultimate Golf, asked how the rezoning would affect this property. Mulgren asked if he would be able to expand his building. Keis pointed out that any expansion to the Ultimate Golf building would require the review of the Planning Commission and approval of the City Council. The City Planner pointed out that the PUD zoning gives the City and applicants a little more flexibility. Mulgren pointed out that the City hired consultants to 4 Page 17 MINUTES CITY COUNCIL MARCH 27, 1996 PUBLIC HEARING - REZONING OF 10 W. COUNTY ROAD C PUBLIC HEARING - REZONING OF RICE STREET/ LITTLE CANADA ROAD AREA TO PUD utility easement over the water main which will be installed on the property. The City Administrator suggested that the easement for the water main should be addressed with the final plat. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 96 -3 -69 - VACATING A 20 -FOOT DRAINAGE AND UTILITY EASEMENT SHOWN LYING BETWEEN LOTS 1 AND 3, BLOCK 1, HERITAGE OFFICE PARK AS REQUESTED BY REAL ESTATE MASTERS SUBJECT TO A DEDICATION OF A 20 -FOOT EASEMENT ON THE FINAL PLAT OF THE PROPERTY FOR WATER MAIN AS RECOMMENDED BY THE CITY ENGINEER AND PUBLIC WORKS DIRECTOR The foregoing resolution was duly seconded by Morelan. Ayes (4) Scalze, Morelan, Fahey, Pedersen. Nays (0). Resolution declared adopted. Fahey opened the Public Hearing to consider the application for rezoning of 10 West County Road C from R -1 (Single - Family Residential) to R -2 (Medium - Family Residential) submitted by Gene Fasciana. It was noted that Mr. Fasciana has requested that this matter be tabled for one month so he can meet with property owners in the area and show them drawings of the twinhome he is proposing for the site. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 96 -3 -70 - CONTINUING THE PUBLIC HEARING ON THE PROPOSED REZONING OF 10 WEST COUNTY ROAD C UNTIL THE APRIL 24, 1996 REGULAR COUNCIL MEETING The foregoing resolution was duly seconded by Scalze. Ayes (4) Morelan, Scalze, Pedersen, Fahey. Nays (0). Resolution declared adopted. Fahey opened the public hearing to consider the rezoning of certain properties within the Rice Street/ Little Canada Road area from Residential (R -1), General Business (B -3), Industrial Park (I -P), or Residential Business (RB), to Planned Unit Development (PUD). Fahey noted that the Council acted to approve the rezonings in January, 1996. However, due to a defect in the hearing notice, the Public Hearing is 2 Page 18 March 13t, 1996 City of Little Canada Planning Commission: In response to the proposal to rezone the property on Sylvan St. and Co. Rd C from R -1 to R -2, I am opposed to this change. Sylvan street is a single family residential street, that is why I purchased property there. I have seen what can happen to a neighborhood with multi- family rental units. I don't feel it is fair that a neighborhood be altered in such a way that could possibly change the life styles of those living there. Sylvan St. property owner Jim Gustafson Page 19 April 18, 1996 City of Little Canada Council: In response to the proposal to rezone the property on Sylvan St. and Co. Rd C from R -1 to R -2, I am opposed to this change. On March 14th the Little Canada Planning Commission met to discuss this issue with the neighborhood. The commission did not approve of this change, and the residents were also opposed to changing this residential community into a rental area. This matter will come in -front of the Council for your decision. I understand it was postponed, until drawings could be created of the rental units, and the builder talk to the neighbors. I think this is confusing the issue, once the area is re -zoned anything can be built as long as it fits the zoning code. It does not make sense for the council to disrupt the current single family neighborhood on Sylvan when two blocks away there is a similar lot, in a rental area that would not have to be re -zoned for the builder. Sylvan street is a single family residential street, that is why I purchased property there. I have seen what can happen to a neighborhood with multi- family rental units. I don't feel it is fair that a neighborhood be altered in such a way that could possibly change the life styles of those living there. Sylvan St. propertyswner / Jim Gustafson Page 20 Little Canada, Minnesota APPLICATION FORM Comprehensive Plan Amendment Zoning District Amendment Text Amendment Other c N9 712 PAID 9ni Rec. No Conditional Use Permit Variance Subdivision Planned Unit Development Plan Review Applicant CC 0“-0 I3 4 7T I c5 I a q 5 / 13R»1 sL x`'c CI 3G (Name) (Address) (Phone) Owner iI.W1 1Z (Name) Property Location (Street Address and Legal Description): 1 ` Sv i AWEKIVt (Address) (Phone) Description and /or Reason for Request (Cite Ordinance Sections): khw-t PCNLC -1>U1 L-D A Dk A LEI" -n k- RcLeud>Lt coN°t k 1 Ns f- N E. W ( R'(NS kt111,0L-AED, PAID MAR 2 ? 1996 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 acknow}c OlfelfrraTtfplaas outlined in the application procedures and hereby agree to pay all statements received from the pertaining to additional applica- tion expense. (Signature of Applicant) Page 21 WHITE— Office CANARY — Customer PINK —File GOLD — Planner -22--cc, (Date) ce+ Yfri ceemeeek 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: 951 Beam Avenue Little Canada, MN 55109 PROPERTY OWNER: PLANNING COMMISSION: CITY COUNCIL: Gerald Battista 951 Beam Avenue Little Canada, MN 55109 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. 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 22 Gary Bluhm 972 Kohlman Court Maplewood, MN 55109 Richard Zappa 989 Kohlman Court Maplewood, MN 55109 Ed Nadeau 961 Beam Avenue Little Canada, MN 55109 04- 29 -22 -24 -0003 Robert & Beverly Scalze 969 Beam Avenue Little Canada, MN 55109 04- 29 -22 -24 -0004, 0011 Gene & Darlene Bunde 975 Beam Avenue Little Canada, MN 55109 04- 29 -22 -24 -0005, 0010 Rodger Prigge 974 Kohlman Lane Maplewood, MN 55109 Paul Benassi 975 Kohlman Lane Maplewood, MN 55109 Keith Bardon 976 Kohnman Lane Maplewood, MN 55109 Joseph Buche 979 Kohlman Lane Maplewood, MN 55109 C. Williams 985 Kohlman Lane Maplewood, MN 55109 Beverly Ryan 981 Beam Avenue Ray Nadeau Little Canada, MN 55109 995 Kohlman Lane 04- 29 -22 -24 -0006 Maplewood, MN 55109 Dennis Ryan et al 981 Beam Avenue Brian Carriker Little Canada, MN 55109 999 Kohlman Lane 04- 29 -22 -24 -0009 Maplewood, MN 55109 Maxine Sculley John Sculley 3000 LaBore Road Little Canada, MN 55109 04- 29 -22 -24 -0014 Gerald & Norma Battista 951 Beam Avenue Little Canada, MN 55117 04- 29 -22 -24 -0002 Donna Himmelbach 2970 LaBore Road Little Canada, MN 55117 04- 29 -22 -23 -0026 William Richie 2966 LaBore Road Little Canada, MN 55117 04- 29 -22 -23 -0031 Page 23 Frantz Nielson 2857 Meadowlark Lane Maplewood, MN 55109 Ed Komac 2865 Meadowlark Lane Maplewood, MN 55109 E. Whalen 2875 Meadowlark Lane Maplewood, MN 55109 Jack R. Anderson 2878 Meadowlark Lane Maplewood, MN 55109 riA 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 - G. Battista Garage Conditional Use Permit FILE NO: 758.09 - 96.07 BACKGROUND G. Battista has submitted an application for a conditional use permit to allow the construction of an additional garage building on the property at 951 Beam Avenue. In addition, the owner has asked for City permission to utilize a City roadway easement for a private drive. The 4.5+ acre property currently has a single family garage with an attached garage. The property is zoned R -1. The prosed building is to be used for storage and hobby interests. ANALYSIS The conditional use permit is required to two reasons. Under the current Ordinance, single family homes are permitted a maximum of one garage structure and no more than 1,000 square feet of accessory building. The proposed building is to have a garage (basement level) and a square foot size of 1,800 square feet. Size. In the past, the City of Little Canada has allowed accessory buildings that range in size between 1,000 and 1,500 square feet. The proposed building is 1,800 square feet. This is the dimension equivalent of an eight car garage with an upstairs and a basement. Taking the assumption that the area will be developed into smaller sized residential properties in the future, the proposed size seems out of character. On the other hand, the owner's property is very large and the building has been designed with a residential character. The neighboring lots are also very large. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 Page 24 Height. As determined by the current Zoning Ordinance, the height of the proposed building is 17 feet, 3 inches. The maximum height allowed on an accessory building is 15 feet. The request for a conditional use permit did not include a height variance. If the building is approved, it will be approved at a 15 foot height. Access. There is an additional issue aside from the building structure that the owner has asked for City consideration. There is a 30+ foot easement that runs along the southern boundary of the owner's property. This was an easement that was set aside, presumably for access to the western properties. The City of Maplewood has allowed the development of the Flicek Addition that removed one -half of the 66 foot right -of -way. With the building of this structure, the owner has requested permission to utilize the partial right -of -way for a driveway. It is the opinion of our office that the City has three options to analyze with the driveway issue: 1. Do not allow the easement to be used as a driveway. 2. Allow the use but sign an agreement with the owner to indemnify the City of any liability. 3. Vacate the easement. Wetland. The zoning map shows a large wetland that encompasses a large portion of the Battista property. If the City allows this or any structure, special care needs to be taken on the identification of wetland areas prior to disturbance of the site. RECOMMENDATION Based upon the review of the Zoning Ordinance and the issues discussed, our office recommends approval of the conditional use permit provided the following conditions are met: 1. The structure is redesigned to be no more than 1,500 square feet in size. 2. The building is redesigned so it is no greater than 15 feet in height, as determined by the building height standards of Little Canada. 3. The City resolves the driveway issue, determining whether the easement may or may not be used by the owner or whether the easement should be vacated. pc: Kathy Glanzer Greg Schmidt G. Battista 2 Page 25 Page 26 694 Exhibit A - Site Location Page 27 Exhibit B - 1/2 Section Vap t & snn . 2 BJ • • 1 1 t i 4 • • (2) • • • Page 28 :VS43 a °' ; 393.55 (Bin 4r (42,420 425.5 „ T-7i Exhibit C - Proposec Location • hs; ,C Tr 9511 ap � 'fie $ 7-MP rn m c t u1 /6p. n • r Page 29 E. a In 73 r 0 r m 2 o x Rt y N IT in Exhibit D - Builc inc Plans MINUTES MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA APRIL 11, 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 llth day of April, 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 Mr. Fred Schletty ALSO PRESENT: Mr. Steve Grittman, City Planner Mrs. Kathy Glanzer, Admin. Asst. There being no corrections to the minutes of the March 14, 1996 Regular Planning Commission, the minutes stood approved as submitted. CONDITIONAL Mr. Gerald Battista, 951 Beam Avenue, appeared before USE PERMIT- the Commission requesting approval of a Conditional 951 BEAM AVE. Use Permit so that he might construct a large barn on his property. Battista reported that he would like to purchase a Winnegabo and would store the vehicle in the barn. The barn will have a flat ceiling with attic space, as well as a full basement. The barn will not exceed the City's 15 -foot height limitation. Schletty pointed out that the City has been receiving a lot of requests for second garages. Schletty pointed out that in the past the City has approved second garages that range in size between 1,000 and 1,500 square feet. Mr. Battista is proposing an 1,800 square foot structure. Schletty expressed concern that the size of the building is getting outside the limits of what the City has approved in the past. DeLonais pointed out that a similar request was 1 Page 30 MINUTES PLANNING COMMISSION APRIL 11, 1996 considered for a property on Jackson and Lake Streets, and the City required the building size be decreased. Knudsen asked where Beam Avenue would go if it were extended to the west. Keis pointed out that a cul -de- sac could be extended west. Battista pointed out there is only 33 feet dedicated for Beam Avenue along his south property line since Maplewood never required a similar dedication. The City Planner stated that it did not look possible to extend Beam Avenue to the west. Knudsen pointed out that the barn Mr. Battista is proposing would not be visible, therefore, would not disturb aesthetics. Schletty agreed, but pointed out the area is zoned R -1. Knudsen indicated that the Battista property was not a typical piece of property. Keis pointed out that approval of the CUP would be setting a precedent. Keis felt the fact that the barn would not be visible was irrelevant. The City Planner stated that a Conditional Use Permit is not the same as a Variance. Therefore, setting a precedent is not such an issue. The Planner recommended, however, that should the Planning Commission recommend approval of the CUP, it should make some determination as to why the building should be over 1,500 square feet. Historically, the City has granted CUPs in the 1,000 to 1,500 square foot range, and in at least one request the City required the building to be reduced in size. That particular building was located on an over -sized lot as well. The Planner pointed out that the structure proposed by Mr. Battista is very large, and has an attic and basement. The Planner suggested the barn may be larger than the Battista house, which raises the issue of just what is the actual principle building on the property, the home or the garage. The Planner stated that in his view at least the size of the building should be reduced, and more information should be obtained on the size of the house. 2 Page 31 MINUTES PLANNING COMMISSION APRIL 11, 1996 Brian Carriker, 999 Kohlman Lane, pointed out that he will be able to see the barn from his property. Carriker felt given the size of the structure, it will appear there is another house on the lot. Carriker was concerned about what he would see from his backyard. Knudsen asked if it was an issue of building size or just the building. Carriker replied that size is certainly an issue. Carriker stated he would prefer to see no building back there, and commented that Mr. Battista maintains his yard very nicely. However, his biggest concern was the size of the structure. Carriker felt it was unnecessary to have a building that large to house a Winnebago. Bob Scalze, 969 Beam Avenue, pointed out that the neighborhood was single - family. Scalze felt a building this size indicates some sort of commercial venture like auto repair, duplex, etc. Scalze stated that the building would be visible from his backyard, and felt the building would change the character of the neighborhood. Scalze stated that he had no complaint with the cars, boats, etc. which Mr. Battista has in his backyard. Battista stated that he could use the barn for storing these cars and boats. Bob Scalze indicated that Mr. Battista already has two double garages attached to his house. Schletty asked if Mr. Scalze was opposed to this building specifically or to any building. Bob Scalze replied that he was opposed to this building as designed. Scalze indicated the building was larger than his house, and expressed concern about the attic space and insulated basement proposed. Scalze pointed out that the building is a lot larger than it has to be to store a Winnebago. Schletty informed Mr. Battista that he can appreciate his desire to store his cars and boats, but felt the size of the structure proposed was an issue. Battista reported his idea started out as a pole barn 3 Page 32 MINUTES PLANNING COMMISSION APRIL 11, 1996 and has progressed from there. Battista stated that he looked at Morton buildings which have cathedral ceilings, and felt that was wasted space. Therefore, he proposed the attic area. Since footings were required, Battista indicated he thought he might as well put in a basement. Bob Scalze pointed out that Mr. Battista may be proposing the building for storage. However, should Mr. Battista sell his property, the next owner may bring in auto repair or some other type of commercial use. Battista pointed out that the area is zoned R -1, and the City would have to issue a permit for any sort of commercial use. Keis pointed out there is a difference between what is permitted and what is just done. Keis pointed out that the next owner may want to subdivide the property. Keis asked about setback issues. The City Planner reported that the location of the barn would have little impact on future development of the property. The Planner stated he is assuming that a road would come in from Beam Avenue and go to the north along the right -of -way dedicated by the Sculley family. The Planner pointed out that you get closer to the wetlands on the west. Battista reported that when he purchased his property from Mr. Sculley, the only requirement was that he not disturb the low area between his house and where the barn is proposed. Bev Scalze, 969 Beam Avenue, stated that she was confused about the size of the building proposed if Mr. Battista's use of the building is to store a Winnebago. Scalze asked what assurance the neighborhood would have that there will not be a commercial use of this building. DeLonais pointed out that in the past the City has approved CUPS for buildings up to 1,500 square feet in size. Keis pointed out the property is zoned R -1, and any violations of zoning would be a code enforcement issue. 4 Page 33 MINUTES PLANNING COMMISSION APRIL 11, 1996 Bev Scalze noted that Mr. Battista has not said he would not repair vehicles for resale. Scalze suggested the neighborhood would like to see conditions placed on the permit which would assure them the building would not turn into an auto repair facility. The City Planner pointed out there is a State licensing requirement for car dealerships. The Planner also pointed out the City's ordinance permits repair of personal vehicles in an R -1 District. Ed Nadeau, 961 Beam Avenue, questioned that the barn was just a storage building when Mr. Battista is proposing to put in a 300 amp service. Battista reported that he originally had a 150 amp service in his home and that service was inadequate. He has to upgrade this electrical service, and felt that a 300 amp service would provide a cushion for the storage building. Carriker pointed out the building is not supposed to be a house. Carriker reported that he has a 200 amp service in his home and is able to operate a well, water softener, central air, central vacuum, etc. Knudsen noted that there is a lot of discussion about intent, and asked Battista his plans for the building. Battista reported that he has a lot of things to store in the building. Battista also pointed out he is planning to retire in about 5 years, would like to purchase a Winnebago and store it in the building along with his tractors, cars and boats. Battista stated that storage is the primary purpose of this building. Bob Scalze asked why there is a basement and attic proposed for this storage building. Keis stated that he could understand that in the planning of the building, the size and features progressed to the point they are at. Schletty felt the CUP should be denied. Knudsen suggested that rather than deny the CUP, the Planning Commission could recommend approval subject to determination of an acceptable size for the building. 5 Page 34 MINUTES PLANNING COMMISSION APRIL 11, 1996 Knudsen felt the Commission should given Mr. Battista some directional guidance as to what it would find acceptable. The City Planner indicated that this guidance would be helpful to staff as well. Knudsen felt the building size should not be more than 1,500 square feet. Schletty stated that he is opposed to the height and square footage proposed. Schletty indicated he envisions a stick -built building. Schletty agreed it would be better to have vehicles stored in a building. However, pointed out that Battista already has two double -car garages, and with the addition of this building would have storage for 8 to 9 vehicles. Schletty felt this was excessive. Knudsen felt if the Planning Commission was inclined to approve a building that is 1,500 square feet in size, it should say so. Schletty replied that if the building looked like it fit on the lot and in the neighborhood, he would consider it. Schletty felt, however, that 1,500 square feet was a big garage. Keis indicated he would be more inclined to support a building closer to the 1,000 square foot size. Schletty pointed out that Mr. Battista is already working with storage for four vehicles. Keis pointed out another issue is the easement and whether or not Mr. Battista should be allowed to use the easement for access to his building. Schletty felt vacation of the easement would be an issue for the City Council. The Planner indicated that the Planning Commission's recommendation on the easement issue would be valuable to the Council. Schletty pointed out there is no sewer line or other utilities within the easement. Schletty also did not believe it was possible to build a street along this 6 Page 35 MINUTES PLANNING COMMISSION APRIL 11, 1996 easement, therefore, felt the easement could be vacated. Montour felt Mr. Battista should present his intended uses for the structure. Montour stated he could support the proposal if the structure will be used for storage purposes. Montour expressed concern with the 300 amp service proposed and the two insulated overhead garage doors, and felt there was more going on than just storage. Montour pointed out the neighbors are not comfortable with the proposal. Schletty recommended denial of the Conditional Use Permit for accessory building larger than 1,000 square feet as proposed by Mr. Gerald Battista for his property located at 951 Beam Avenue due to the size and height of the structure proposed, given that the property is located in an R -1 District, and because the 1,800 square foot building proposed exceeds the City's policy and past actions of approving accessory buildings in the 1,000 to 1,500 square foot range. Motion seconded by Montour. Motion carried 7 - 0. CONDITIONAL The City Planner reported that Mr. David Regnier has USE PERMIT- requested a conditional use permit in order that he 2947 might construct a second garage on his property. Mr. CENTERVILLE Regnier currently has 440 square feet of garage space ROAD and is proposing a second garage of 840 square feet. Mr. Regnier would like the second garage in order to store vehicles, a boat and maintenance equipment. The Planning Commission noted that Mr. Regnier was not present at the meeting, therefore, could not answer their questions. Mr. Schletty recommended the application for Conditional Use Permit for garage space exceeding 1,000 square feet be tabled until the May 9, 1996 Planning Commission meeting in order that Mr. Regnier could be present to answer their questions. Motion seconded by Barraclough. Motion carried 7 - 0. 7 Page 36 Little Canada, Minnesota APPLICATION FORM Comprehensive Plan Amendment Zoning District Amendment Text Amendment Other Applicant 1PJft'VlC) (Name) 5. n Z ,29v7 cev1eRv,lie_ (Address) // 02,L(7 Ce,V/esuille ��I (Address) Owner `IJAvi (7. ee ileA (Name) N9 '71V PAID 4aso.00 Rec. No Conditional Use Permit Variance Subdivision Planned Unit Development Plan Review Property Location (Street Address and Legal Description): K* 777 -(3ql q - HIT" yg0-17 o (Phone) wk • 777 — /3L1? WV( - (Phone) 27g7 Ce/j egV/ Ile foil Cg,stcd t kw J ' 53---/r7 Description and /or Reason for(( Request ()Cite Ordinance Sections): p n fRn foce� ro YJ0/7cd / o2g%A>� GCNA- 1�4Clxec� 5a.ICct7e, pep S�Na Iti S.Q— . S 46 Ret9-e, Fo< Y}l r Vf" fiG� 1/e h, 1-e-s ktocc,nAc19(l S (Soc(+ t LtiJN Eywpv / 5 /Lie cu bfowtie. 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. !GU" ignature p WHITE— Office CANARY— Customer PINK —File GOLD— Planner 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: David J. Regnier 2947 Centerville Road Little Canada, MN 55117 PLANNING 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 38 Russell Valentine 2921 Centerville Road Little Canada, MN 55117 06- 29 -22 -14 -0018 Marco Frattalona 2933 Centerville Road Little Canada, MN 55117 06- 29 -22 -14 -0017 M. M. & June Frattalona 2939 Centerville Road Little Canada, MN 55117 06- 29 -22 -14 -0016 David Regnier 2947 Centerville Road Little Canada, MN 55117 06- 29 -22 -14 -0015 Michael & Phyllis Valento 2959 Centerville Road Little Canada, MN 55117 06- 29 -22 -14 -0014 Charles & Debra Rios 2973 Centerville Road Little Canada, MN 55117 06- 29 -22 -14 -0013 Jeffrey & Julie Vogel 2979 Centerville Road Little Canada, MN 55117 06- 29 -22 -14 -0012 Alan & Kathleen Rush 3003 Centerville Road Little Canada, MN 55117 06- 29 -22 -14 -0011 Page 39 David Frattalone 562 Owasso Blvd. S. St. Paul, MN 55113 05- 29 -22 -23 -0018 Trans City Investments 2284 7th Street W. St. Paul, MN 55116 05- 29 -22 -23 -0019 06- 29 -22 -14 -0021 City of Little Canada 05- 29 -22 -23 -0020 Mariano Frattalone 1422 Schletti St. St. Paul, MN 55117 05- 29 -22 -23 -0021 Angelo Frattalone 2225 Beam Ave. St. Paul, MN 55109 05- 29 =22 -23 -0021 City of Little Canada 05- 29 -22 -23 -0002 06- 29 -22 -14 -0022 Roger Reiter et al 4279 Highland Drive St. Paul, MN 55126 06- 29 -22 -14 -0019 0 0 a 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 40 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 1 -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 41 APR- 3 -96 WED 11:28 k CITY OF LITTLE CANADA FAX NO. 484 4538 P. 09 SL'" F A1f4LoN� NI Page 42 MINUTES PLANNING COMMISSION APRIL 11, 1996 easement, therefore, felt the easement could be vacated. Montour felt Mr. Battista should present his intended uses for the structure. Montour stated he could support the proposal if the structure will be used for storage purposes. Montour expressed concern with the 300 amp service proposed and the two insulated overhead garage doors, and felt there was more going on than just storage. Montour pointed out the neighbors are not comfortable with the proposal. Schletty recommended denial of the Conditional Use Permit for accessory building larger than 1,000 square feet as proposed by Mr. Gerald Battista for his property located at 951 Beam Avenue due to the size and height of the structure proposed, given that the property is located in an R -1 District, and because the 1,800 square foot building proposed exceeds the City's policy and past actions of approving accessory buildings in the 1,000 to 1,500 square foot range. Motion seconded by Montour. Motion carried 7 - 0. CONDITIONAL The City Planner reported that Mr. David Regnier has USE PERMIT- requested a conditional use permit in order that he 2947 might construct a second garage on his property. Mr. CENTERVILLE Regnier currently has 440 square feet of garage space ROAD and is proposing a second garage of 840 square feet. Mr. Regnier would like the second garage in order to store vehicles, a boat and maintenance equipment. The Planning Commission noted that Mr. Regnier was not present at the meeting, therefore, could not answer their questions. Mr. Schletty recommended the application for Conditional Use Permit for garage space exceeding 1,000 square feet be tabled until the May 9, 1996 Planning Commission meeting in order that Mr. Regnier could be present to answer their questions. Motion seconded by Barraclough. Motion carried 7 - 0. 7 Page 43 Little Canada, Minnesota APPLICATION FORM Comprehensive Plan Amendment Zoning District Amendment Text Amendment Other Applicant I\ 1-1-\ Apc.C., C t Ea, (Name) Owner � . e-- • C - — (Name) PAID 1\ • • 4.••• 7/� Rec. No 4�'�.0t Conditional Use Permit Variance Subdivision Planned Unit Development Plan Review 00 F( ricC N So ) N1� M� Cs—cit (Address) IsH/ LINNa. Rocs '1 � M(i3t Ct) P A , r3 sTh (Address) Property Location (Street Address and Legal Description): TILE- CP\(JPsQA- ' "`A -LL tCL� cis P L M rs i t C.1 -0010 (Phone) X7 s'-3) y6 (Phone) P € S O Ce- Description and /or Reason for Request (Cite Ordinance Sections): ti C�oSc� 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. � 3)Zc /c (Signature re of Applicant) ate WHIT—Office CANAPY—Custorner PINK —File GOLD — Pinner no z0 'd 8E9b b8b ON Xdd VOVIO 3111I11 dO A1IO EE:OI CD 96- Et -NWW Page 44 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING TEXT AMENDMENT PROPOSAL: MAYOR Michael 1. Fahey COUNCIL Beverly Scaize Jim LaValle Steve Morel= Bob Pedersen ADMINISTRATOR Joel R. Hanson Request for approval of a Text Amendment amending the General Business District (B -3) to permit small automobile rental operations as a permitted or conditional use. PROPERTY LOCATION: Little Canada Mall 80 Minnesota Avenue Little Canada, MN 55117 PROPERTY OWNER: APPLICANT: PLANNING COMMISSION: Viking Partnership 200 6th Street South, #650 Pillsbury Center Minneapolis, MN 55402 Alliance Car Rental 7300 France Avenue South, Suite 205 Edina, MN 55435 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 45 Walter & Sherrie Wegleitner 431 Belmont Lane E. Maplewood, MN 55117 07- 29 -22 -33 -0006 David & Jane Koopman 85 W. Viking Drive St. Paul, MN 55117 07- 29 -22 -33 -0007 Leonard Schmieg 39 W. Viking Drive Little Canada, MN 07- 29 -22 -33 -0010 Masterpiece Homes 127 Little Canada Road Little Canada, MN 55117 07- 29 -22 -31 -0005, 0006 07- 29 -22 -32 -0010, 0011, 0012 Schroeder Development 2080 Rice Street Little Canada, MN 55113 07- 29 -22 -32 -0006, 0007, 0008, 0004 Constance West 2287 Stephani Court 55117 Little Canada, MN 55117 07- 29 -22 -32 -0013 Robert Widstrand, Scott & Rebecca Muellner 65 Viking Drive W. Little Canada, MN 55117 07- 29 -22 -33 -0012 Edward Berglund 17 W. Viking Drive Little Canada, MN 55117 07- 29 -22 -34 -0004 Advocate Real Estate Partnership 1700 Highway 36 W., #830 Roseville, MN 55113 07- 29 -22 -34 -0005 Michael Gatti Alliance Car Rental 7300 France Avenue So., Suite Edina, MN 55435 Masterpiece Homes 127 Little Canada Road Little Canada, MN 55117 Viking Partnership 200 6th St. S. #650 Pillsbury Center Minneapolis, MN 55402 07- 29 -22 -33 -0003, 0008 Chadco Corp 2044 East County Road E White Bear Lake, MN 55112 07- 29 -22 -33 -0004 Twin Cities Stores, Inc. 205 2020 Silver Bell Road, Suite 23 Eagan, MN 55122 07- 29 -22 -33 -0005 Page 46 ALLIANCE CAR RENTAL March 29, 1996 Joel R. Hanson City Administrator City of Little Canada 515 Little Canada Road Little Canada, MN 55117 -1600 Dear Mr. Hanson, Enclosed you will find an application to amend the text for B -3 zoning which would allow Alliance Car Rental, Inc. to continue its operation at the Little Canada Mall. I hope that you will find this application to be complete and satisfactory. Our company would like to remain in Little Canada and any assistance you could give to us would be greatly appreciated. If you have any questions or would like me to expand on any point, please feel free to contact me at your convenience. Thank you for your consideration. MWG /dim Sincerely, Michael W. Gattie Vice President Alliance Gar Rental, Inc. 7300 France Avenue So. • Suite 205 • Edina, MN 55433 Minneapolis 16 i 21 835 -0050 • Sant Paul 1612! 633-0435 Page 47 Alliance Car Rental, Inc. is a local Twin Cities company which rents automobiles in the "insurance replacement" market. This target market consists of automobile owners whose cars have been damaged or stolen and who are in need of an automobile for a short period of time (e.g., 3 -20 days) while their car is being repaired or replaced. This emphasis is very different from that of the large, well -known car rental companies which focus exclusively on business travellers and vacationers. Insurance companies play a key role in the market niche of Alliance Car Rental. When a policyholder's car has been damaged or stolen, the insurance company involved will provide full payment, or a financial allowance, for the client to rent a vehicle while his /her car is being repaired or replaced. Because they absorb the cost for the car rentals, insurance companies want their clients to rent automobiles at the most competitive rates. Therefore, they will refer their clients to companies like Alliance Car Rental because its daily rental rate is approximately one -half the amount it would be had the client obtained a car from a large company at a traditional airport location. The role the insurance companies play in this process obviously impacts the marketing strategy of Alliance Car Rental. Alliance Car Rental does not market to the general public. Instead, all of its sales efforts are directed to insurance claims adjusters, insurance agents, and automobile body shop managers. These are the individuals who refer customers to the company for its car rental service. Because of this marketing strategy, Alliance Car Rental maintains a very low profile with the general public. A typical rental transaction with Alliance Car Rental also differs significantly from a car rental a person would experience at an airport location. As stated above, customers are first made aware of Alliance Car Rental by insurance and body shop representatives. After a referral is made, the customer will call the company and make a reservation for a car on a specified date. On that date, an employee will then deliver the car to the customer at a specified time and location. Most deliveries are made at automobile repair shops, but they are also made at a customer's home or place of work. The actual rental transaction (i.e., signing of the rental agreement) takes place at the delivery location. At the completion of the rental, the customer normally returns to the body shop in the rental car. The customer would then pick up his /her own vehicle and leave the rental car with the body shop manager. An employee of Alliance Car Rental would soon pick up the rental car at the body shop and then prepare it for the next rental. Alliance Car Rental conducts its operations from four locations: Little Canada, Burnsville, Brooklyn Park, and Edina. These four sites enable the company to provide rental coverage and delivery service to all quadrants of the Twin Cities. The issue in question is the Alliance Car Rental location in Little Canada. The company has been notified by Mr. Joel Hanson, City Administrator of Little Canada, that the company's current location at 80 Minnesota Avenue (The Little Canada Mall) is not in compliance with the that area's existing B - 3, General Business zoning. Alliance Car rental is requesting an amendment to the text of the B - 3 zoning language which would permit Alliance Car Rental to continue its operations at the Little Canada Mall. Page 48 The following are reasons Alliance Car Rental would like the staff and Council to consider amending the text to allow the company to remain at this location. 1. Alliance Car Rental has been operating at the Little Canada Mall for a period of four years. The company has been a reliable tenant, and has not adversely impacted the business owners in that building nor those in the surrounding area. The owner of the building has been pleased with the company's operations, financial responsibility, and corporate citizenship. 2. Although the company is clearly in the car rental business, the actual rental transactions occur at sites away from the Little Canada Mall. The office at 80 Minnesota Avenue is used almost exclusively to accept rental reservations, process billings to the insurance companies, and coordinate the movement of vehicles between renters. 3. Automobiles are not repaired or serviced at this site. Routine service work, such as oil changes, etc., is done at local service stations. Major service work is basically non - existent because the vehicles are all late -model cars. Any unusual problems with the cars are handled by dealerships because these items would be covered under warranty. 4. There are few, if any, vehicles parked at this location. Alliance Car Rental cannot maintain a profitable operation if vehicles are parked and not being rented. There are two issues to be considered regarding the few cars that are occasionally parked at the Little Canada location: a) all of the vehicles are late model cars which are clean and well maintained and b) any parked vehicle is placed at the unused, east side of the Little Canada Mall. Again, "parked cars" is an unacceptable situation because of the negative impact that has on profitability. 5. Alliance Car Rental does not sell vehicles at this location. The majority of the company's automobiles are sold through the Minneapolis Auto Auction, which enables the company to quickly liquidate its cars, a very important aspect in maintaining profitability. (see item 4). Occasionally, when a renter purchases one of the rental vehicles, that transaction takes place at the Edina office. 6. The Alliance Car Rental office at the Little Canada Mall is located at the rear of the building. (See attached exhibit.) All ingress and egress by company employees is through the back of the building. Again, the company keeps a very low profile, and the general public is not encouraged to come to this office. To summarize, Alliance Car Rental is a nontraditional car rental company. It does no repair work on cars; it does not sell automobiles at this location; it is averse to parking quantities of cars because of the impact on profitability; and it maintains a low profile with the general public. The Little Canada office is used for general administrative work only. It is for these reasons that Alliance Car Rental requests zoning language which would allow it to continue operating at the Little Canada Mall. Page 49 LITTLE CANADA MALL EXHIBIT A Y m co 0 0 m = _ 1 N zz N 0 n. 0 0 R. J. MARCO DR. THOMPSON AUTUMN DENTAL W 31-1IA3SO d0 0311vW W CC 4 O Z JUST -RITE CARPET N Z O t- = Cr) 0 0 Z Q C)- N F = 4 Page 50 CINQ 2LNi�CL 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 MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: April 8, 1996 RE: Little Canada - Alliance Car Rental - Text Amendment FILE NO: 758.09 - 96.08 Background Alliance Car Rental is an automobile rental company which currently maintains an office and a small number of temporarily stored vehicles at the rear of the Little Canada Mall on Minnesota Street. Under the B -3 Zoning District, office uses are permitted, however, Outdoor Sales, Rental, and Display requires a Conditional Use Permit. Although the Alliance operation has been in place for a number of years, no such CUP was ever applied for or received. Due to an amendment to the B -3 District text in 1995 which removed B -2 uses from the B -3 District, such auto - related rental no longer complies with the Comprehensive Plan, which restricts auto - related commercial from general business districts. As a result, the Alliance Auto cannot now obtain a Conditional Use Permit, since compliance with the Comprehensive Land Use Plan is a condition for CUP approval. In an effort to be able to remain in their current location, Alliance has requested a text amendment to the Zoning Ordinance which would essentially redefine their use as one which is permitted. This amendment would legitimize the Alliance operation, but would apply in any commercial district as well. Page 51 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 Analysis The applicant maintains that their operation is not similar to the larger auto rental operations in that no large fleet of vehicles is kept on site. In this respect, the use is small and virtually incidental to the shopping center, and the few (less than five) vehicles kept at the site tend to blend with other parking. However, the City took specific steps to remove auto - related uses from the general business district areas of the City. This amendment could be viewed as a small but undesirable step toward reinstituting the separation of commercial uses made last year. We have prepared the following text amendment language if the City believes that the use is acceptable. This language change would be made in the definitions section of the ordinance. Effectively, it permits office uses to store no more than four passenger vehicles available for rental. It would be based upon a finding that five or more vehicles would constitute auto related uses which must locate in B -2 Districts. Offices, Commercial. Commercial buildings which house one or more tenants conducting administrative or professional functions. Commercial offices may include the following accessory uses: Retail uses allowed as permitted uses in the district; Automobile rental, not to exceed four vehicles stored on any one office property; Other accessory uses allowed in the district. Conclusion The addition of the limited auto rental function to the B -3 District is a policy issue for the City. While the actual inclusion of the proposed use may have a minimal effect on the function of the B -3 District, the outdoor storage of automobiles in the general business district is counter to the City's intent in restricting the B -3 District commercial uses. The suggested language is written to avoid creating a separate allowance for automobile rental in the B -3 District which might be construed to permit larger operations than the one proposed. cc: Kathy Glanzer Greg Schmidt Mike Gattie 2 Page 52 MINUTES PLANNING COMMISSION APRIL 11, 1996 TEXT AMENDMENT TO B -3 DISTRICT - ALLIANCE CAR RENTAL The City Planner reported that Alliance Car Rental has made application for a Text Amendment to the General Business District (B -3) to permit small automobile rental operations as a permitted or conditional use. Alliance Car Rental is currently operating at 80 Minnesota Avenue. Schletty reported that he looked at the location and noted it was difficult to find Alliance Car Rental, which is located in the Little Canada Mall. The vehicles stored on -site were not owned by Alliance Car Rental, but rather a carpet store and paint store which operate in the mall. Knudsen stated that it was very common for small satellite car rental agencies to operate out of shopping malls. These agencies provide insurance replacement cars and deliver the vehicles to their customers. These operations are not really store front operations. Knudsen pointed out that if there are a lot of cars parked at the rental agency, then the agency is not making any money. Knudsen stated that he did not see a big concern with the proposal. The Planner felt the issue was not with this agency, but the next proposal the City might get. The argument could be made that this is an auto - related commercial use, and there are other zoning districts set up for this sort of use. The Planner stated that the proposal falls in the category of auto - related commercial, and his office would prefer they find another location. Schletty asked if the use were allowed at this time, and it becomes apparent there are problems, can the action be rescinded at a later date. For example, an attractive proposal may be presented for the vacant property along Viking Drive, which might cause the rental agency to become an issue. The Planner replied that another text amendment could be done. However, the car rental use would become non- conforming and would be grandfathered in until the use is changed. Again, the Planner expressed concern about the auto - related use. Knudsen felt there was a big leap from auto rental to gas station to car dealership. Knudsen again stated that this was a small satellite rental office. 8 Page 53 MINUTES PLANNING COMMISSION APRIL 11, 1996 It was suggested that the number of cars could be limited. Schletty asked if the CUP would run with the land or the operator. The Planner replied that a CUP runs with the land, and could be replaced by someone with a similar use within a certain period of time. Knudsen felt it unfair to a business currently operating in the City to make them move. Schletty pointed out that the car rental agency has been operating illegally in a B -3 District. DeLonais suggested that the City allow the agency to phase out over a period of 2 to 3 years. The Planner stated that there is no ordinance which allows an illegal business to phase out. The business either has to find another location, or the ordinance must be amended to make the business fit. Carson pointed out that the City has an agreement with Frattalone Excavating allowing their recycling operation over a certain period of time. The Planner pointed out that that is a contractual agreement the City entered into. The Planner suggested that if the Commission wanted to allow the business to remain with a limitation on the number of cars it can have, that can be a part of the Conditional Use Permit. The Planner noted that Alliance Car Rental indicated that the most they ever have is 4 cars. Knudsen recommended approval of the Text Amendment to the General Business District (B -3) to allow by Conditional Use Permit a small automobile rental operation as requested by Alliance Car Rental for location at 80 Minnesota Avenue with the condition that no more than four (4) cars are allowed. Motion seconded by Schletty. Motion carried 7 - 0. ARCHITECTURAL DeLonais summarized Council discussion regarding STANDARDS application of architectural standards to pylon signs. 9 Page 54 515 Little Canada Road, Little Canada, MN 55117-1600 (612) 484 -2177 / FAX: (612) 484 4538 April 19, 1996 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: Application for Massage Therapist License Joan Gudmundsen MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Attached is an application for Massage Therapist License submitted by Joan Gudmundsen to operate out of the Natural Reflections beauty salon at 2900 Rice Street. Also attached is a copy of our Massage Therapy Ordinance which lists under Section 2202.040 2. d. the documentation to be submitted showing the applicant meets certain educational /training requirements. As you can see, Ms. Gudmundsen attached copies of three educational certificates. I contacted Ms. Gudmundsen and informed her that the Council would need to know if the schools from which her certificates were issued met our ordinance requirements. From my conversation with her, I am assuming that they do not. At that point in our conversation Ms. Gudmundsen asked if her application could be submitted to the Council. She indicated she would appear at the Council meeting to state her position as to why these certificates should be acceptable. Ms. Gudmundsen also indicated that she would submit a letter explaining her position (a copy of which is attached). Please be advised that the Sheriff's Department background check is satisfactory. Should you have any questions regarding this matter, please contact me. cc: Joan Gudmundsen Janice Graczyk, Natural Reflections Page 55 FROM :MBE 2106 612 660 1014 1996.04-19 14:19 2{960 P.01/03 CIA)--uat-e4 iktian .ne Venrez\,_ica ye-ease__ a. ry,77 caao fc_ 4Qd..t 4-tez Ce-e>"--7. • .7)7,40Jef _ yyju I 44/J24ctf2 / jrevA) id Ad. Pi; role _71k47ZpJ ace page 56 Sciterdi _ _ Muaenco--y_ FROM :MBE . - 612 660 1014 1996.04-19 14:20 #960 P.03/03 eVACVeldaal eZAolte_r_ c(ya, ai5.-7d;._. . • 14-_ -1C/kf.yi ~doc, - _ Page 57 Page 61 youWtoLolc isa e 2500 39th Ave. N.E. #242 Minncaoplis Mn. 55421 (612) 781 -1841) This is to state that has participated in . /0, /994/ Statement of Participation itudin ant/it/2_ /7/7a444 9.4 Auh4- on and received . contact hours. Instructor 1 jt /72 tJ,rn741- 9, io• 9y Page 62 Page 63 2202 1. kneading, parts of physical 2202. MASSAGE THERAPY AS AN ACCESSORY USE. .010. DEFINITIONS. The term "massage therapy" means the rubbing, stroking, tapping or rolling of the body with the hands or other the body for the exclusive purposes of relaxation, fitness, or beautification and for no other purpose. The practice of massage therapy is hereby declared to be distinct from the licensed practice of medicine, osteopathy, chiropractic, physical therapy, podiatry, and nursing, as well as the professions of athletic coaching and training. Persons engaged in those professions are exempt from the provisions of this ordinance. 2. The term "massage therapist" means a person who practices massage therapy. 3. "Massage Therapy Establishment" shall mean any room or rooms wherein a person may receive a massage from a "massage therapist" for a fee. 4. "Sanitary" shall mean free from the vegetative cells of pathogenic - micro - organisms. 5. The term "accessory use" as used in this chapter means a use at the same location with, and of a nature customarily incidental and subordinate to, the principal use for said location. 2202.020. LICENSE FOR MASSAGE THERAPY AS AN ACCESSORY USE. 1. No person, partnership, or corporation shall engage in a business, which has massage therapy as an accessory use, without being licensed as provided in this chapter. 2. The initial application for a license by a business shall be made by completing an application form provided by and containing such information as required by the City Administrator and by paying a one time non - refundable initial application fee of $100.00. 3. If the application for a license under this chapter is granted, the $100.00 fee above shall be the first year's license fee. Thereafter, the annual license fee shall be $100.00. A separate license shall be obtained for each place of business. 2202.030. GRANTING, DENYING AND RESCINDING OF LICENSES FOR MASSAGE THERAPY AS AN ACCESSORY USE. 1. Licenses may be granted only to establishments 2202 -1 Page 64 associated with and operating within the confines of and incidental to a properly zoned beauty parlor. 2. No more than two (2) massage therapist individual licenses will be issued to any business establishment. 3. Licenses may be denied or rescinded if the premises of the establishments do not meet the requirements of the City Council, and of the building, safety and sanitation regulations of the City of Little Canada, and State of Minnesota. 4. Licenses may be denied or rescinded if there is any fraud or deception involved in the license application. 5. Licenses may be denied or rescinded if the applicant, licensee or employee of the same fail to comply with, or have a history of violations of the laws or ordinances which apply to health, safety, or moral turpitude. 6. The City Council may attach such reasonable conditions to the license as it, in its sole discretion, deems to be appropriate. 7. The City may run criminal history checks on any applicant for a license pursuant to this chapter. 2202.040. MASSAGE THERAPY ONLY BY LICENSED PERSONS. 1. No person shall provide massage therapy without being licensed individually as provided in this chapter. 2. Application for license. Any person desiring to be licensed shall file an application on forms provided by the City Administrator. The application shall contain such information as the City Administrator may require, including: a. The applicant's full name, address, social security number, and written proof of age. b. The name and address of the establishment by which the applicant expects to be employed. c. A statement concerning whether the person has been convicted of or entered a plea of guilty to any crime or ordinance violation and, if so, information as to the time, place and nature of such crime or offense. d. Proof that the applicant meets the following educational requirements: (1) A diploma or certificate of graduation from 2202 -2 Page 65 a school approved by the American Massage Therapist Association or other similar reputable massage association; or (2) A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the State or local government agency having jurisdiction over the school. Each applicant shall also furnish proof at the time of application of a minimum of six hundred (600) hours of successfully completed course work in the following areas: (3) (a) The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and /or Foot Reflexology techniques; and (b) Anatomy, including, but not limited to, skeletal and muscular structure and . organ placement; and (c) Hygiene. 3. Fee. The annual non- refundable application and license fee for a massage therapist is Seventy -five and No /100 Dollars ($75.00). 4. Review of application. License applications shall be reviewed by the City Administrator, and the Sheriff's Department may run criminal history checks on applicants. 5. Denial of application. The license application may be denied for any of the following reasons: a. The application contains false, fraudulent, or deceptive statements. b. The applicant has been convicted of or entered a plea of guilty within the previous three (3) years to a violation of this chapter or of any other law regulating the practice of massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct or keeping of disorderly house. c. The applicant has not complied with a provision of this ordinance. 2202 -3 Page 66 d. The applicant is less than eighteen (18) years of age. 2202.050. REVOCATION OR SUSPENSION OF LICENSE. A license may be revoked or suspended for any of the following reasons: 1. Fraud, deception or misrepresentation in connection with the registration application. 2. A violation of any provision of this chapter. 3. Conviction of a criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping a disorderly house. 4. Conviction of any crime or ordinance violation arising out of the practice of massage therapy. 5. Exhibition of a demonstrable lack of skill in the practice of massage therapy. 2202.060. RESTRICTIONS AND REGULATIONS. 1. Any person registered as a massage therapist hereunder shall display such license, or a true copy thereof, in a prominent place at such person's place of employment. 2. Upon demand of any police officer at the place of employment, any person licensed hereunder shall produce correct identification, identifying himself /herself by his /her true legal name and correct address. 3. During business hours, all massage therapy establishments shall be open to inspection by City Building and License Inspectors, Health Officers, and police officers. 4. Any person licensed hereunder shall therapy only at such location or locations as the license. Any person registered hereunder City Administrator, in writing, of any change to its occurrence. practice massage are designated in shall inform the in location prior 5. No customers or patrons shall be allowed to enter or remain on the licensed premises after 9:00 p.m. or before 8:00 a.m. daily. 6. No beer, liquor, narcotic drug or controlled substance, as such terms are defined by State statutes or the City Code, shall be permitted on licensed premises. 7. Violation of any law or regulation relating to building, safety or health, shall be grounds for revocation of any license. 2202 -4 Page 67 8. There shall be no locks on doors of massage rooms. 9. Whenever a massage is given, it shall be required by the massage therapist that the person who is receiving the massage shall have her breasts and his /her buttocks and genitals covered by a nontransparent material. 10. Any massage therapists performing any massages shall at all times have her breasts and his /her buttocks and genitals covered with a nontransparent material. 2202.070.. VIOLATIONS, PENALTY. Every person or entity who violates this ordinance is guilty of a misdemeanor. (Source: Ord. 428) 2202 -5 Page 68 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 April 19, 1996 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: Workshop with the Little Canada Fire Department MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson The Fire Chief has requested a workshop in order that he might update the Council on current and future plans for the Fire Department. Staff is suggesting the workshop be scheduled for Wednesday, May 8th at 6:30 P.M. This date and time is acceptable to the Chief. Page 69 CITY OF LITTLE CANADA REQUEST FOR LEAVE Request is hereby made for the following leave •• WITH PAY /6 WITHOUT PAY 3 cRj Insert number of Hours requested in space provided below: VACATION /(o SICK TERMINATION (Accrued Vacation) COMPENSATORY TIME LEAVE WILL BEGIN: LEAVE RECORD: VL Accrued Leave Leave Requested Balance I (Day) MILITARY JURY DUTY LEAVE OF ABSENCE (Explain) SL f `I 9C; (Date) Signed CT LEAVE WILL END: APPROVED BY: U (Employee) (Department Head) js i0 Page 70 Northwest Associated Consultants; Inc. COMMUNITY PLANNING • DESIGN • MARKET RESEARCH MEMORANDUM TO: Little Canada Mayor and City Council FROM: Stephen Grittman DATE: April 19, 1996 RE: Little Canada - Comprehensive Plan Final Changes FILE NO: 758.10 We are in the process of preparing the final changes to the Comprehensive Plan which were discussed at the last Council Workshop. We will have the pages for you to exchange in your drafts available at the upcoming Council meeting. The changes are as follows: • Lands north of Demont, south of Savage Lake designated Low Density Residential, with text which would suggest the possibility of slightly higher densities, assuming a quality project. • Industrial area extended east of DeSoto, north of the NSP power lines, but not all the way to Edgerton. • Ruth Street area to be redesignated as Low Density Residential. • City Hall, Fire Hall, Old Fire Hall, St. John's Church, and Gervais Beach designated as Public/Semi Public. • Rice Street/Little Canada Road area designated as "Special Study Area ", instead of specific land uses on the Land Use Plan. • The south portion of the Waterworks property Is changed to industrial, with text which recommends an office /research type of campus plan. • Low Density Residential land use is extended south to include the residential uses south of Bryan Ave. 5775 Wayzata Blvd. • Suite 555 St. Louis Park, MN 55416 (612) 595- 9636•Fax. 595 -9837 Page 71 • The Vadnais Church site Is still owned by the church, and is proposed to continue operations this spring/summer, so no change is proposed for that site. • The Rice Street mobile home park south of Demont is left as mid density residential. For some of these changes, text is being added to address the specific Issues raised in addition to the graphics. If there are additional questions or concerns, please do not hesitate to contact us. With regard to schedule, the Council could call for a Public Hearing at any time. The City will need to hold the hearing, then adopt the Plan, prior to submitting the Plan to Met Council. At the time the City calls for the hearing, the Draft Plan should be sent to sun'ounding and/or overlapping jurisdictions for review and comment. cc: Kathy Glanzer Page 72 TOTAL P.03 515 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: April 19, 1996 RE: 10% Committee Recommendation MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson On April 15, 1996, the 10% Committee met with the following members in attendance: Bob Pedersen, Council Member Gene DeLonais, Planning Commission Member Jean Donovan, Citizen at Large Ray Hanson, Citizen at Large Scott Tangen, Public Works Director Jim Morelan, Parks & Recreation Director Dick Boss, Fire Chief Joel Hanson, City Administrator Council Member LaValle and representatives of the Parks & Recreation Commission and Community Pride Committee were not able to attend. The unallocated listing was reviewed by the committee members. Modifications were made based on the current status of items. The Fire Chief indicated that he could remove the compressor from the listing as its need has greatly diminished. He added a hose washer at $8,500 and a thermal imaging system at $24,000 which was later revised to $10,000 for consideration by the committee with the balance of funding to be sought from other organizations within the City. (A thermal imaging system is a helmet which allows fire fighters to see in smoke - filled rooms.) The Historical Society added $1,240 for items which they purchased recently and deleted the $20,000 for the remodeling of the old fire hall given our new direction. The City Administrator added $40,000 for the balance needed to fund the Spooner Park shelter and $200,000 for the Historical Society addition to City Hall. The committee members expressed their concern about Council direction to designate half of the available balance for economic development purposes. (Approximately $24,000 in 1996.) While Page 73 Mayor & City Council April 19, 1996 Page 2 the committee acknowledged the importance of economic development, they did not feel 10% funds were the best source for these expenditures. It was stated that a number of items need to be addressed by the committee and the dollars should be made available for ranking. Concern was also expressed regarding the big ticket items added to the ranking process. It was felt the City should have other sources of funds for those projects rather than utilizing 10% funds. It was the consensus of the committee to eliminate from consideration the addition to City Hall at $200,000 and the $40,000 for the shelter at Spooner Park. Of the items remaining, two rankings were conducted with the group voting on the top three items from the list each time. This resulted in the following ranking: #1 Canadian Days Fireworks $4,000 #2 Historical Society Items 1,240 #3 Community Pride Planters 5,000 #4 Pioneer Park Benches /Picnic Tables 2,500 #5 Thermal Imaging System 10,000 #6 Thunder Bay Backstop 2,000 Total: $24,740 The committee had $24,004 to allocate based on the 10% fund balance as of December 31, 1995 after deducting 50% for economic development purposes. Therefore, this ranking results in a deficit of approximately $732. It was the consensus of the committee that this deficit will likely be addressed by some items coming in under budget. If that does not occur, the remaining balance should be taken from future 10% proceeds. JRH:kpv cc: 10% Committee Members Page 74 0 0 / o q2 < < w 00 -Jr 0 - 0. 00< u. § § 0 \ t. ! 4474%°{\% § _,,. -- 1996 Canadian Days Fireworks 0. 0 \ \ ; ,; Page 75 \ \ \ # \ en ob 0 0 \ ( / § \ , 12/31 CASH BALANCE 87,338.01 12/31 ACCOUNTS RECEIVABLE 7,243.67 SUB TOTAL 94,581.68 COMMI'1 1'h.D FUNDS: CITY CENTER SIGN (15,000.00) HURST RESCUE TOOL (15,000.00) PORTABLE TOILET SCREENING (5,0(0.00) AUDIT (500.00) F.D. MONUMENT (5,072.00) F.D. C.A.D. SYS I'hM (6,000.00) SUB TOTAL (46,572.00) AMOUNT AVAIL. AF 1'ER COMMITTED FUNDS LESS: 50% FOR ECONOMIC DEVELOPMENT 48,009.68 (24,004.84) AMOUNT AVAILABLE FOR EXPENDITURE 24,004.84 Page 76 c?* .;, 2'74 ce 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 April 19, 1996 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: Tax Forfeited Properties Parcel No. 06- 29- 22 -31- 0014 -2 Parcel No. 07- 29- 22 -21- 0097 -5 Parcel No. 07- 29- 22 -21- 0098 -9 Parcel No. 07- 29- 22 -21- 0099 -1 MAYOR Michael 1. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson The above described parcels have gone tax - forfeit, and the City has been contacted to determine if it has any interest in these parcels. (I have attached maps showing the parcels for your convenience.) It is staff's recommendation that the parcel located along Little Canada Road be retained by the City as open space based on recommendations contained in the Rice Street /Little Canada Road Development Guide. Therefore, Staff would recommend adoption of a resolution declaring the City's interest in retaining this parcel as open space. With regard to the three parcels located along Ruth Street, it is staff's recommendation that review of these parcels be passed on to the Park & Recreation Commission for a recommendation on whether or not they should be retained by the City for park land. Should you have any questions prior to Wednesday's meeting, please feel free to contact me. Page 77 TOWNSHIP 2S. RA \GE nl65 "' 5 a t `'',;\ \ X \9 DR. LABORE C•2.55 .03) n BRYAN 14-D.50 A 17) 2 yI ' 4I v Q' SEE FOR OU T LOT r �V a :'(Ift: 3O. «78 7 ;TOWNSHIP 29 RANGE A".‘, ?` • ri Y StaI 6 -O J -IN 7 4 3 }2 Im 10 I4I7 4 fQC1 41 11 � 12 13 l• 15 u.1 I6 17 1 4g 7 4G µ -4 A5 IL Ip b 41 m 3 tatt3 01- 2°i- ate- ' - - oO012_5 t Vice. AS % %S 140) 02-25‘.- as - 2►- -Colt. a cwt ice q5 3g6 AO 07- 2cfr - ►-- -0095 t tce 9s38 i cersok) ftr) Y,u-' GSAW7 W {'t— —g-e ' -nr-1--, 0 's.:- - ��4R - 1 1 1 (t.y) S 3 Z • (w) I (t5) (_a) !-m! D h. ff13 7G ..D,4 Go t• ^1 (b N A D E A U A DD.ILcc l ) ' IIn)3 I .12 • Ir -,,,. j wVl 'V 45' n0 q;.; LA is, E (. 12 3.ra I74z_ r G 1_1; 3 • I AU s. 11a v0c. AI 1 t;J I 1 1 1({I ▪ '191 ?s.r .L 1 35(1)7) 38 8T_ 3+ 37 36 47 3L 13 14 '9 Ic .L 7471'3 I$ r1 tD Y 23 2.4 a5 (bl) ZG 2i S (. 27 = 814 . 31 t 31 IA a1 :1 - -- 'Jke.1 7 1 4 1 7 7 %/f ii✓ ':(17-..__...---- - - -'-- : :) . i.r. rf; L9 I o I <O1 IQ .-- .— .ran —.,=1° IF, � _� i._..— ..._._.. _. -- !I I'.-� 1 I ! C.a. N 1 ,I rl -) zo III 7 `p _ J._, II 1 111 1 (7) le I, 45 J 431 _C+; , :li 14 : 1 1 1 107- to ^,i -1-4▪ -,-.7E--, z 0• 1 I 0 K '-� .., c .c ,..J".I' Al z. CO r IJ,L:,__ 17 A, IA - A4 GO 1;, p ;I) I ee_� - C ) 37 a^I - II =1 1_ - 1. -" —a. 2 .2)I c.+. (t s? . I' • 20 s 1,,!; NI x 1 _ -I_ _ _ :3 - 11 III.\ SC I o I w� - y \� I7 n,., z Page 79 I \ 1 APARTM_N'r OWN_A3HIP No 7;'r ., 0 U� 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 April 19, 1996 Mr. Carl Helgeson 326 Savage Lane Little Canada, MN 55117 Re: 3 -Way Stop at Little Canada Road and McMenemy Dear Mr. Helgeson: MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson As a result of your request for an all -way stop at Little Canada Road and McMenemy Road, the Ramsey County Sheriff's Department as well as Ramsey County Public Works did a study of this intersection. I have attached copies of their responses for your information. As you can see, while the Ramsey County Sheriff's Department feels that an all -way stop would be beneficial, Ramsey County Public Works does not feel it is warranted by either accident rate or traffic volummes. Both agencies would support the addition of a crosswalk at the intersection. Please be advised that this information will be presented to the City Council at their meeting Wednesday, April 24, 1996 at City Hall. Discussion of this matter should occur at approximately 8:30 P.M. Please feel free to attend this meeting to provide the Council with your input. With regard to your inquiry about freeway noise barriers, City staff has discussed this issue with representatives of the Minnesota Department of Transportation. They inform us that the Legislature is requiring MN DOT to do a priority noise study which must be completed by February 1, 1997. Once the Legislature has this study, they will decide whether or not to fund any noise barrier projects. These projects would compete for funding with other projects such as bridge deck reconstruction. MN DOT estimates that noise barriers cost $1 million per mile to construct. Staff also discussed the possibility of plantings as noise barriers along the freeway. MN DOT indicated that they do plantings as part of scheduled highway improvement projects based on funding availability. However, typically they do not do a great deal of plantings since they have found plantings do not have a significant effect on noise levels, but rather more of a psychological effect. Page 80 Staff also discussed with MN DOT the possibility of grant programs for funding planting projects along the freeway. We have found that there are three options: 1. ISTEA Grant Funds. The City must provide a 20% match, which cannot be in -kind service. MN DOT indicated, however, that in Minnesota landscape projects have competed very poorly for these dollars. 2. Area Transportation Partnership Program. This would involve participation by the Metropolitan Council, Ramsey County, and the City. 3. Community Landscape Partnership Program. The City would need to explain what it wants to accomplish through a planting project. If approved, MN DOT would provide design assistance and fund plant materials. The City would have to plant and maintain the materials. Should you have any questions or comments prior to Wednesday's meetings, please feel free to contact me. Sincerely, R. Hanson Administrator Page 81 Joel Hanson City Administrator City of Little Canada 515 Little Canada Road Little Canada, MN 55117 -1600 Joel; In response to a request for two stop signs on Little Canada Road, I am very familiar with the area. I have spent numerous hours surveying traffic. The speed limit Is posted at 30 miles per hour. I have written many citations for speeds in excess of 45 miles per hour. I too believe that with the daycare and the school in this area there is a concern for safety. I would estimate the average speed would be in the area of 37 to 40 miles per hour. A stop sign on Little Canada Rd. would be beneficial to not only the safety of the school and daycare, but also to vehicles entering frnm Mn.Mnnemy. The cross walk could go hand In hand with the usage of the stop signs. The amount of traffic using Little Canada Rd. is quite high compared to that of McMenemy. It may cause delays for citizens especially during high use times, but it Is difficult to say how backed traffic would be if stop signs were used. I else was advised by other residents in this alga that the stop signs would be good. One altizcrt uuggeutuU a Mower speed limit implemented for the school zone. It may be a temporary solution, which could give you some time to do more research as to the effect of traffic. Because the school Isn't on Little Canada Rd. I don't know if that's possible. From my experience I don't think that putting the signs in will lower the speeds traveled in areas adjacent to them. It would force vehicles to slow in an area with numerous concerns. The daycare, school, and church. Also with the curves and slight change in grade it does create some doubt when traveling in the area. C ` 2.d Page 82 OSOd Wdse:21 S6, 12 AOW Department of Public Works Paul L. Kirkwold, P.E., Director and County Engineer ADMINISTRATION/LAND SURVEY 50 West Kellogg Blvd., Suite 910 St, Paul, MN 55102 • (612) 266 -2600 • Fax 266 -2615 April 5, 1996 Mr. Joel Hanson City Administrator City of Little Canada 515 Little Canada Road Little Canada, Minnesota 55117 -1600 Dear Joel: ENGINEERING /OPERATIONS 3377 N. Rice Street Shoreview, MN 55126 (612) 484 -9104 • Fax 482 -5232 The Ramsey County Public Works Department received the request from the City of Little Canada to conduct a traffic study at the intersection of Little Canada Road and McMenemy Street. The traffic study was done to determine if warrants are met for the installation of an all -way stop. The intersection is of standard three leg design. Currently the northbound leg of McMenemy Street stops for both legs of Little Canada Road. The posted speed limit on both Little Canada Road and Mcmenemy Street is 30 mph. A review of accidents over the period January 1992 through December 1995 indicates no accidents occurred at this intersection. This is not sufficient to satisfy the warrant requirements as per the Minnesota Manual on Uniform Traffic Control Devices. Traffic volume approach counts taken in February 1996 indicate sufficient volumes are not present to warrant the installation of an all -way stop as per the Minnesota Manual on Uniform Traffic Control Devices. The installation of all -way stop controls is recommended at locations where the traffic volumes on all approaches is approximately equal. In this case the traffic volume on Little Canada Road is significantly higher than the traffic volume on McMenemy Street (598 vehicles vs. 78 vehicles in the p.m. peak hour). Because the installation of an all -way stop at this intersection is not warranted by either accident rate or traffic volumes it is recommended that the existing traffic control devices be retained. The County also evaluated the pedestrian crossings and parking restrictions in the area of the Little Canada Road and McMenemy Street intersection. The following recommendations are made regarding each of these issues. Minnesota's First Home Rule County {rtino-A 01 reevelwl P'1pl F a1IrI a minllnnm of 10% pnsocnnsumer 00110111 Page 83 PEDESTRIAN CROSSINGS There is currently a signed and marked pedestrian crossing on Little Canada Road west of McMenemy Street between St. Johns Church and the parking lot on the north side of Little Canada Road. This pedestrian crossing should remain in place and will continue to be maintained by Ramsey County. There is not a marked pedestrian crossing on McMenemy Street south of Little Canada Road. If the church feels a pedestrian crossing between the parking lot and the church is necessary on McMenemy Street, the County could paint a crosswalk at that location. It should be noted that there are not currently any pedestrian curb ramps at any location along McMenemy Street. PARKING RESTRICTIONS Parking is currently restricted at the following locations: 1. On Little Canada Road - south side - 50 feet east and west of the intersection of McMenemy Street. 2. On Little Canada Road - south side - 50 feet east and west of the old fire station 3. On McMenemy Street - west side - in front of St. Johns Church 4. On McMenemy Street - east side - 50 feet south of Little Canada Road The parking restrictions appear to be adequate and are in place to help provide visibility to the intersection. The parking restrictions identified in #2 above could be removed and vehicles allowed to park in this area if additional parking is needed. The City can request Ramsey County to remove this parking restriction if they concur. If you have any questions or need any additional information, please feel free to give me a call. Sincerely, ES,,,yL Daniel E. Soler, P.E. Traffic Engineer Enclosure Page 84 MINNESOTA DEPARTMENT OF TRANSPORTATION CENTRAL OFFICES -- TRAFFIC ENGINEERING ALL STOP WARRANT Location :LITTLE CANADA RD AT MiCMENEMYSPEED APPROACH Date :02-07 -96 Factor :1.000 LANES 30 30 Major App. 1 :ED LITTLE CANADA RD Major App. 3 :W8 LITTLE CANADA RD Minor App. 2 : 30 Minor App. 4 :NB MCMENEMY ST 1 MAJOR I MAJOR HOUR APP.1 1 APP.3 APP.2 6 -7 A.N. 34 i 122 t7-8 A.M. lYL , TJL I 3 -9 A.M. 171 J 236 l r 1 c -10 A.M. 102 1 123 1f, A.M. 146 f 116 I 11 -12 P.M. T 15 6 12- I I C 1 -2 P.I. I t I P.M. f MINOR ,-required} 500 200 T MINOR TOTAL APP.4 10 30 112 MINOR TOTAL 216 668 10 33 529 72 112 1 WARRANT MET 707.. TOTAL 707. WARRANT MINOR MET E/ i:/ 36 P.M. 133 1 240 0 1 363 203 123 i 1 104 42 36 372 T 362 35 / 1 428 32 505 1/ 1 676 73 Y/ 697 104 162 A P.H. 97 I 1t' -11 P.N. 56 I i THIS WARRANT NOT MET REMARKS! 83 I 'ia 1 56 .56 426 56 303 56 2 205 J 72 163 r 20 3 0 MOU::3 SATISFIED REDUIREJENTS 3 1 s Page 85 DATA FILE November 15, 1995 The?Iionorable Michael ?ahey, Mayor and Little Canada City Council i'.embers 515 C. Little Canada Road Little Canada, MN 5511% Dear Mayor Fahey and City Council Members: I am writing to you to request that 2 stop signs be installed at the intersection of Little Canada Road and McMenemy Street. Residing on a dead end street (Savage Lane), I have used this intersection daily for the past 41 years and have seen the traffic increase to.the point that I believe the intersection is now very dangerous when turning on to Little Canada Road from Nchenemy Street. ':Then a car is going east on Little Canada Road it is difficult to see it because of the curve and the rise in Little Canada Road. This allows little time to make a turn on to Little Canada Road, and when looking east it is also difficult to see oncoming cars when numerous cars are parked in the church parking lot. These problems are compounded in the winter when there are high snow banks. It is especially dangerous prior to church services and at completion of them. Also, there is heavy traffic at this corner when people are dropping off or picking up their children at St. John's School, which creates an additional hazard. Iwould suggest that a cross walk be installed at this corner for use by people parking in the north side church parking lot, as a safety measure. Your consideration of this matter will be greatly appreciated. Page 86 Very truly yours, U � Carl i {elgS'on 326 Savage Lane Little Canada, :N 5511? MINUTES CITY COUNCIL NOVEMBER 22, 1995 the schedule proposed, their fee would be $1,500. Duray felt this sort of increase was unreasonable. Pedersen pointed out that Little Canada's fee has been too low compared to other cities. Fahey stated that he has a concern with increasing someone's license fee from $100 to $1,500. Fahey suggested a sliding scale based on number of machines, keeping the top end of the scale reasonable. Duray stated that he realizes an increase is needed, but felt the increase should be reasonable. Morelan asked if Duray's purpose in having amusement devices was to make money or to bring in additional customers. Duray replied that it is a combination of both. Duray stated that in the liquor business today, it is necessary to have as many attractions as possible to bring in customers. Mr. Fahey introduced the following ordinance and moved its adoption: ORDINANCE NO. 423 - AMENDING CHAPTERS 811.010, 811.020, AND 811.040. RELATING TO LICENSE OF AMUSEMENT DEVICES AND ESTABLISHING AN AMUSEMENT DEVICE LICENSE FEE AS FOLLOWS: 1 TO 3 MACHINES - $125; 4 TO 10 MACHINES - $200; 11 TO 20 MACHINES - $300; 21 MACHINES & OVER - $400. The ordinance resolution was duly seconded by Morelan. Ayes (5) Fahey, Morelan, Scalze, LaValle, Pedersen. Nays (0). Ordinance declared adopted., REQUEST FOR Council reviewed the letter from Mr. Carl Helgeson, STOP SIGN 326 Savage Lane, for a three -way stop at Little AT MCMENEMY Canada Road and McMenemy Road. Council also reviewed ROAD & a letter from the Ramsey County Traffic Deputy which LITTLE states some pros and cons for a three -way stop in that CANADA RD. location. The City Administrator suggested that the next step would be to forward the request to Ramsey County for evaluation and recommended. 13 Page 87 MINUTES CITY COUNCIL NOVEMBER 22, 1995 Fahey noted that Mr. Helgeson is also requesting a crosswalk on the corner. Morelan noted that there is already a crosswalk in front of the church and questioned how much a crosswalk on the corner would be used. JoJo Vitale stated that the only time there is a problem with visibility or getting out onto Little Canada Road is on Sunday's. Vitale suggested that no parking signs for 50 feet either side of the intersection would be the solution. Morelan suggested that there already is no parking along McMenemy Road. Morelan pointed out that on Sundays when church is in session, traffic moves through the area slowly. Scalze was not sure a 3 -way stop was a good idea for the intersection, feeling that the situation may be worse if Little Canada Road traffic had to stop at the intersection. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 95 -11 -272 - TABLING ACTION ON THE HELGESON REQUEST, AND INSTRUCTING CITY STAFF TO INFORMALLY DISCUSS WITH THE COUNTY THE FEASIBILITY OF A THREE -WAY STOP AT LITTLE CANADA ROAD AND MCMENEMY ROAD, AS WELL THE NEED FOR A CROSSWALK AND PARKING RESTRICTIONS The foregoing resolution was duly seconded by LaValle. Ayes (5) Fahey, LaValle, Pedersen, Scalze, Morelan. Nays (0). Resolution declared adopted. RECESS At this point in the meeting, 9:00 P.M., Council took a short recess. The meeting was reconvened at 9:10 P.M. CONSENT AGENDA Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 95 -11 -273 - REMOVING THE REQUEST FOR INCREASE IN THE FIRE RELIEF BENEFIT LEVEL AND FUTURE FUNDING POLICY ADOPTION FROM THE CONSENT AGENDA The foregoing resolution was duly seconded by Fahey. Ayes (5) Morelan, Fahey, Scalze, LaValle, Pedersen. Nays (0). Resolution declared adopted. 14 Page 88 cle+ 29(//4 anack 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 April 19, 1996 TO: Mayor Fahey and Members of the City Council FROM: Joel R. Hanson, City Administrator 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 a draft of the Heritage Office Park Development Agreement. You will note that Heritage Development Minnesota, Inc. is assuming responsibility for this project from Real Estate Masters. The developers have indicated they would like to move quickly on this project. Therefore, this agreement is being presented in draft form with some revisions to be made prior to Wednesday's meeting, such as letter of credit amount. The City Attorney will also be reviewing the agreement before Wednesday's meeting. Subject to those modifications, I would recommend its approval. Page 89 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 90 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 91 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 92 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 93 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. Building Permit for Model Unit. The City will issue one (1) building permit to Developer to allow construction of one (1) model unit on Lot , Block , Heritage Office Park 2nd Addition, after receipt of the Letter of Credit, required in Paragraph #16. No occupancy permit will be granted until installation and approval by the City of utilities, curb and gutter, and the first lift of bituminous surface. The Developer agrees to make any corrections to the improvements deemed necessary by the City Engineer resulting from construction of the model unit. The Developer further acknowledges that installation of the improvements is a priority and that construction of the model unit will be secondary to the construction of said improvements. No other building permits shall be issued until installation of sanitary sewer, storm sewer, water main, curb and gutter, and the first lift of bituminous surface, and approval of same by City. 15. 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 -5- Page 94 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 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. 16. Letter of Credit. The Developer shall furnish the City with an Irrevocable Letter of Credit from an approved lending institution in the amount of and No /100 Dollars ($ .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. 17. 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. -6- Page 95 18. 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. 19. 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 -7- Page 96 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 property or any injury to or death of any person resulting from any actions of the Developer, or its agents or contractors. 20. 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 -8- Page 97 DEVELOPER: Heritage Development Minnesota, Inc. By: STATE OF MINNESOTA) )SS. COUNTY OF E. John Dobbs, Vice - president 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 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 98 EXHIBIT A Init Iess l'ne of m. NV l /4'NY I/4 \ - s�T C_zI • C 290.00�,r L _ — — — .�r250.J IdH .I I— ° 1111 —11 =1 1, F---1 I m` 1 I I I I n l ■ �� 11 I I I ai 1 Q 1 I' 1■ ,111 I I "NI � � IIII I \'�, 10 28'49 2 :.,5, '0' 01'58' N 226.57 � I na � NI I> �� �� N t.s : s a N' I; m _ ml �• ro x n Iz I 1 1u ;:J \\ ; .N..z, o� I 11 Cn 1: d 11 1 I o .I 1= • C. C. ▪ c. 1 f. _ I 1 1 l 1 Ir • P la CI h c' I p +,z \ • /1.-J--- \ a4.53 PARK P \ID • „ / n / . / 4. Cry 3� '/ ti'N 0'01'58' Si 2 a 3 . C Zoo -2- 4 7 \ 'a ='S et Y 0 p2 m, a S 0.01.56' V 520.00 �T n Page 99 FINAL PLAT EXHIBIT 8 AGREEMENT BETWEEN OWNER /APPLICANT AND CITY OF LITTLE CANADA AS TO COSTS This Agreement, dated this 5 day of by and between the undersigned owner /applicant, hereinafter "Applicant ", and the City of Little Canada, a Minnesota municipal corporation, hereinafter "City ". 1. The Applicant has applied for and requested that the City consider and process the following described zoning /platting actions: 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 Nnmher.) 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 casts 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 reitthursed, 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 100 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) ss. COUNTY OF RAMSEY ) The foregoing inst_ -t2nent was day of }a,L 1-.ti , 19`%5-" , by and iZ , ) - 'CA/ above - entitled matter. f RAMSEY COUNTY \W C mm ssen Ex es JAN 31 2300 STATE OF MINNESOTA) SS. COUNTY OF RAMSEY OWNER /APPLICANT CITY OF LITTLE CANADA By /I , ti/ armor By !City ,Administrator -----j acknowledged before me this - „va. /4 'T. the owner / a p_ li�t in n the { N -t'ary Pub The foregoing instrument was acknowledged before me this -S� day of / ft .. , 195 , by Raymond Hanson, Mayor, and Joel R. Hanson, Cty Administrator, for the City of Little Canada. — 1 7 Notary Public Page 101 •1 `.1 A. GLANZER NOTAN', >. •-.C- MINNESOTA .J 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: April 19, 1996 RE: Streetscape Proposals MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaVaile Steve Morelan Bob Pedersen ADMINISTRATOR Joel R Hanson A request for proposals for streetscape services was distributed to a number of firms at the end of March. Three proposals were received and based on the committee's review, two were selected for an interview. The firms selected were Sanders, Wacker, Wehrman, Bergly, Inc. and Hoisington Koegler Group, Inc. On Wednesday, April 17, 1996, a committee consisting of Council Members Scalze and Morelan, the Public Works Director, and City Administrator interviewed the two firms. Here is a summary of the advantages each firm brings to the process: Sanders, Wacker, Wehrman, Bergly, Inc. - Proposal Fee of $19,680 (maximum not to exceed), estimated reimbursable expenses $2,500 for a total estimated cost of $21,180. * Proposal estimates 492 hours to complete study. (More hours at a lower average hourly rate.) * Designs indicated in proposal were very attractive. * Firm would bring fresh perspective to redevelopment area. * Continuity would be maintained with other park /trail improvements. Hoisington Koegler Group, Inc. - Proposal fee of $22,040 (maximum not to exceed including expenses). * Estimate is based on approximately 350 staff hours. * Continuity with previous Rice Street /Little Canada Road redevelopment area work would be maintained. * This firm has been hired by the City of Roseville to Page 102 Mayor & City Council April 19, 1996 Page 2 evaluate their side of Rice Street. Our continued usage would ensure a consistent evaluation /treatment of the Rice Street area. * Excellent communication /public process skills. * Non - traditional /innovative designs reflective of "place." An unanimous consensus was not reached. It was felt both firms could do a good job for us and that the final choice would come down to a matter of preference of styles. Preliminary reference checking confirmed this opinion. Therefore, the Council should review the proposals previously distributed to form your opinion as to which firm can best meet our needs. Further discussion of this matter will occur at Wednesday's meeting. JRH:kpv cc: Bill Sanders Michael Schroeder Page 103 515 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 Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: April 19, 1996 RE: Rice Street /Little Canada Road Area - Developer RFP Discussion The City Council has expressed interest in seeking proposals for the redevelopment of the northeast corner of the Rice Street /Little Canada Road area. Given the fact that other redevelopment opportunities have not materialized as of yet, this course of action may be appropriate. In reviewing a sample Request for Proposals, here are the types of issues we would need to be prepared to address: * Development objectives. * Site control. * Acquisition costs /developer responsibility. * Cost of demolition. * Site topography. * Traffic volume. * Comprehensive Plan /zoning designations. * Description of adjacent land uses. * Environmental status (Phases I and II). * Utilities. * Public Improvements /Streetscape. * Governmental approval process. * Incentives (ability to provide incentives relative to project proposed). Page 104 Mayor & City Council April 19, 1996 Page 2 * Selection criteria. It is my opinion that the above list is manageable, but Council direction is necessary to put together a RFP. Therefore, it would be my recommendation that we hold a special meeting /workshop with the appropriate consultants to discuss these items in greater detail to develop a plan of attack for this type of program. This process takes time to run its course so we may want to hold this meeting sooner rather than later. JRH:kpv cc: Rusty Fifield Lee Guerin Page 105 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 MEMORANDUM MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaVaile Steve Morel= Bob Pedersen ADMINISTRATOR Joel R. Hanson TO: Mayor Fahey & Members of the City Council FROM: Mary Granley DATE: April 19, 1996 RE: Recommendation on Potential Park Usage of Lake Street Property During the April 4, 1996 Parks and Recreation Commission meeting, the commission moved to recommend we release our interest in the Lake Street property. The following reasons were cited as a basis for this motion: ■ Although the land has some potential as park property, a park in that area would involve more land than just the three lots available. ► Planning a park in this area would involve looking at property when the commercial area has been developed. Page 106 tao. 4 zs ry c r N $ 2.41 105.5 20 s3 a -- ¢wGYB! 0. a `N 25 S I .:o I „A 0 a .I:- fu . 1.125 11.0.7- w INgitt A1.� N ! ,.� a� .� I \� ' "M U>rUN `-- irt , �WW9� -� del c its ^4. ' Ira W N y6 m 1 Y J S -S1` ` a . . c'N ..„t � `,I .' • WI RI., I I 1.�vl IvIIta�� � 1i '' I —., V w->' . e, ..3 1 I. I2 IJ ." I' 12 V , wc • mcs112. 75 .... 75 1 S0. 155' • ST. • '-. 87 75• S T. .R. , ¢wGYB! 0. $... I.-ii Sa O I fu INgitt A1.� Cra Vi ' . : �� , bIV��b\ m 1 Y I S Page 107 MINUTES CITY COUNCIL MARCH 13, 1996 Scalze suggested the matter be tabled for a couple of weeks while the City Administrator explored options. Pedersen asked how the County handled similar projects. Morelan suggested the Administrator discuss options with RVK. Morelan stated his guess is it would not be more efficient for the City to supervise the job, given the demands on staff time. Morelan pointed out the project will require detailed plans and specifications to be prepared, as well as a bidding process. Scalze suggested it would not hurt to explore whether or not there are alternative ways to handle the project. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION NO. 96 -3 -63 - TABLING ACTION ON PROPOSALS FOR DESIGN SERVICES FOR THE SPOONER PARK SHELTER PROJECT AND REQUESTING STAFF CONTACT THE ST. PAUL PARKS & RECREATION DEPARTMENT, THE RAMSEY COUNTY PARKS & RECREATION DEPARTMENT, AND RVK ARCHITECTS TO EXPLORE OPTIONS WHICH MIGHT BE AVAILABLE TO REDUCING THE COST OF DESIGN SERVICES FOR THIS PROJECT The foregoing resolution was duly seconded by Pedersen. Ayes (4) LaValle, Pedersen, Morelan, Scalze. Nays (0). Resolution declared adopted. STATE USE The City Administrator reported the Watershed had DEED - indicated the Lake Street property just west of Park LAKE STREET Street is in a protected area, subject to wetland PROPERTY regulations. Therefore, it is not necessary that the City retain its ponding and drainage use deed in order to protect the area. The City Administrator suggested that the City might be somewhat at risk in owning the site. Therefore, he recommended the property be returned to the State. The City Administrator pointed out the Park & Recreation Commission has recommended the site is not desirable for park development. However, the Administrator was not sure of the depth of the Commission's study of this issue. The Administrator reported the Watershed will be sending the City a map showing the specific delineation of the wetland. 6 Page 108 MINUTES CITY COUNCIL MARCH 13, 1996 Morelan suggested before the property is returned to the State, the City should make certain it has no future use as park land. Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 96 -3 -64 - ASKING THE PARK & RECREATION COMMISSION TO TAKE ANOTHER LOOK AT THE LAKE STREET PROPERTY AND PROVIDE THE COUNCIL WITH A RECOMMENDATION ON THE POSSIBLE USE OF THE SITE AS PARK LAND The foregoing resolution was duly seconded by Pedersen. Ayes (4) Morelan, Pedersen, Scalze, LaValle. Nays (0). Resolution declared adopted. PERSONNEL The City Administrator reviewed for the Council POLICY proposed amendments to the City's Personnel Policy. The Administrator pointed out these amendments are housekeeping items, most of which clarify interpretation of the Policy. Mr. Morelan introduced the following resolution and moved its adoption: RESOLUTION NO. 96 -3 -65 - ADOPTING THE AMENDMENTS TO THE PERSONNEL POLICY AS RECOMMENDED BY CITY STAFF INCLUDING THE DELETION OF THE SECOND PARAGRAPH ON PAGE 13 REGARDING PAYMENT OF THE PARK & RECREATION ASSISTANT DIRECTOR AND PROGRAM DIRECTOR ON A MONTHLY BASIS The foregoing resolution was duly seconded by LaValle. Ayes (4) Morelan, LaValle, Scalze, Pedersen. Nays (0). Resolution declared adopted. THE LaValle reported he will be unable to attend the PROVINCES March 27th Council meeting, and requested the matter of the fire suppression system at The Provinces be tabled until the April 10th meeting when he can be present. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION NO. 96 -3 -66 - TABLING ACTION ON THE FIRE SUPPRESSION SYSTEM AT THE PROVINCES UNTIL THE APRIL 10, 1996 CITY COUNCIL MEETING The foregoing resolution was duly seconded by Pedersen. Ayes (4) LaValle, Pedersen, Scalze, Morelan. Nays (0). Resolution declared adopted. 7 Page 109 515 Little Canada Road, Little Canada, MN 55117-1600 (612) 484 -2177 / FAX: (612) 484 -4538 March 7, 1996 TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Administrative Assistant RE: State Use Deed - Lake Street Property MAYOR Michael I. Fahey COUNCIL Beverly Scalze Jim LaValle Steve Morelan Bob Pedersen ADMINISTRATOR Joel R. Hanson Attached is information providing the background for the Park & Recreation Commission's recommendation and the Council's action in 1990 in obtaining a use deed for ponding and drainage purposes for tax - forfeited property along Lake Street. Based on new wetland regulations, if this property is classified as a wetland, it would be protected under that law. As a result, there would be no need for the City to maintain a use deed on the property to protect it as wetland. As you can see from the February, 1996 Parks & Recreation Commission meeting minutes, the Park Consultant indicated the property has no potential for park purposes. I discussed this recommendation with the Park Consultant, who indicated that he felt a small neighborhood park was not needed in this area. The Consultant felt the property tied in with the redevelopment of the Rice Street area. Page 110