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HomeMy WebLinkAbout11-15-1982 Council AgendaAGENDA LITTLE CANADA CITY COUNCIL MEETING SPECIAL MEETING NOVEMBER -15 -82 1. Call to order. ( 7:30 P.M.) 2. Roll Call Mayor Mr. Raymond Hanson. Councilman Mr. Michael Fahey . Councilwoman Mrs. Beverly Scalze '.Councilman Mr. Dennis Forsberg Councilwoman Mrs Mugs Nardini Attorney Mr. Thomas Sweeney Consulting Engineer: Mr. Donald Carley Planner Mr. Brad Nielson Recording Secretary, Mrs Kathleen Glanzer Tape no. to PUBLIC HEARING 3. SIGN ORDINANCE AMENDMENT: - Tape no. to SEE CORRESPONDENCE: Page -1- Notice of Hearing. Hearing scheduled for 6:30 Purpose of hearing to amend ordinance to permit the maximum area of a wall sign be determined by taking 20 % of the gross silhouette area of the front of a building. ( present ordinance is 10 % ) COMMENTS: Planner Others. OBJECTORS: Motion to close hearing: Motion by 2nd by ayes nays Page -1- AGENDA LITTLE CANADA CITY COUNCIL MEETING 11 -15 -82 CONTINUED COUNCIL LEGISLATIVE MATTERS Tape no. to 3. Signs Cont. .Motion to direct the Planner to prepare an ordinance amending the present ordinance to 20 % of the silhouette area. Motion by 2nd by Ayes Nays 4. .Viking Partnership Signs Tape no. to SEE CORRESPONDENCE PAGES- 4thru -7- ( Viking Sign matter table - see min.10 -27 -82 Res. No. 82 -10- 548) Motion to bring to table : Motion by 2nd by Ayes Nayes. Motion to approve viking signs: Motion by 2nd by ayes Nayes 5. Larry Lee ( Lot -E- construction) SEE CORRESPONDENCE PAGES- 8- thru -9- PLANNERS REPORT. Actions if any Tape no. to 6. Approving final note resolution: Tape no. to PROPOSED RESOLUTION ; see correspondence pages -10- thru -15 -. Motion by 2nd by Ayes Nayes. ( note there is one more final note resolution to be approved for Mueller.) ( I hope it is submitted before Dec. -31 -) 7. Adjourn : Motion by 2nd by Ayes Nayes Time adjourned Page -2- CORRESPONDENCE TO AGENDA SPECIAL MEETING LITTLE CANADA CITY COUNCIL NOVEMBER -15 -82 PAGE CONTENTS -2- thru -3- - 4- thru -7- - 8- thru -9- - 10- thru -15 Notice of Meeting and public hearing on sign ordinance. Planners report concerning signs at Market Place Viking Partnership variance request. Planners report concerning Larry Lee development of lot -E- Final Note Resolution ( Larry Lee- ) Stoneridge Associate. CITY OF LITTLE CANADA RAMSEY COUNTY, MINNESOTA Office of: JOSEPH G. CHLEBECK, Clerk 515 Little Canada Road Little Canada, Minn. 55117 484-2177 To Whom It May Concern: CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING TEXT AMENDEMENT TO ZONING CODE MAYOR Raymond Hanson COUNCI L Michael Fahey Beverly Seals(' Dennis Forsberg Mugs Nardinl Notice is hereby given that the Council of the City of Little Canada,Minnesota, will hold a Special Meeting and public hearing on the 15th day of November,1982 at 6:30 o'clock P.M. in the Council Chambers of the City Center located at 515 Little Canada Road in said City to consider the following. AMEND SECTION- 903.110 -E -5- OF THE ZONING CODE OF THE MUNICIPAL CODE, to permit the maximum area for a wall sign shall be determined by taking (20) percent of the gross silhouette area of the front of the building. All persons desiring to be heard with reference to this matter will be heard during this hearing. ili:/� Joseph G. Chlebeck Clerk NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Little Canada Mayor and City Council FROM: Brad Nielsen DATE: 4 November 1982 RE: Market Place Signage FILE NO.: 758.09 (82.26) At its last meeting the City Council tabled action on the Little Canada Mall sign variance request until information could be obtained on how much sign - age the Market Place Shopping Center currently displays. During our last staff hours on 1 November, the Building Official and I counted and measured the Market Place signs. Following is an inventory of existing signage: EXISTING SIGNS (Freestanding) Square feet Market Place (Rice Street) 10'x13' 130 " (Little Canada Rd.) 4'x8' 32 List of businesses (Rice Street) 9'x10' 90 Portable signs (Rice Street) 4.5'x9' (2) 81 (Wall Signs) Applebaums 4'x34' (2) 272 Save up to 40% 4'x19.5' (2) 156 2'x6' 13 Cathelen Interiors 3'x10' 30 Video World 4'x4' 16 Radio Shack 2'x32' 64 Red Wing Shoes 4'x16' 64 Create -it Crafts 3'x8' 24 Greer's Hair Replacement 3'x6' 18 Amaro's Hair Design 4.55(9' 40.5 Dueber's 3'x23.5' 70.5 Department Store 1'x21' 21 North Suburban Karate 3'x5.5' 16.5 Snyder Bros. Drug _4'x90' 360 We were also able to detect and measure shadows left by signs from previous tennants. Since it is assumed that the new management will be successful in leasing the currently vacant space, we feel that those previous sign areas should be included as part of the center's total signage. 2 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925 -9420 Little Canada Mayor and City Council 4 November 1982 Page 2 (Previous Wall Signs) Square feet Coast to Coast 3'x70' 210 Shoreview Floral 5'x11' 55 unknown 4'x12.5' 50 TOTAL SIGNAGE 1813.5 Based upon the building plans on file at City Hall, the dimensions of the building's silhouette are as follows: BUILDING DIMENSIONS South elevation (from First Bank Drive) 18'x740' = 13,320 sq. ft. west elevation (from Rice Street) 18'x305' = 5,490 " " TOTAL SILHOUETTE AREA 18,810 sq. ft. (Allowable signage) 10% x 18,810 sq. ft. = 1,881 square feet It should be noted that since the Market Place has frontage on Rice Street and First Bank Drive, both the south and west elevations are used to cal- culate allowable sign area. As can be seen, the Market Place is under the allowable amount of signage, even when the two nonconforming portable signs are counted. If there are any questions regarding this matter, please do not hesitate to contact our office. cc: Joe Chlebeck ✓ Tom Sweeney Ed Locke Norm Brody CITY OF LITTLE CANADA 515 Little C.nn,t Road, Little Received From Add -ss Canada, Minn. 55117 RECEIPT N2 1110573 Applicant Owner (Name) :se Permit Planned Unit Development S t � //?/ (L • Le r l -t 'eAer.L 4-- (Address) / St (f a r (Phone) czjl' LL j- (Nacre) (Address) (Phone) Property Location (Street Address and Legal Description): !G� v / gipck- / Description and /or Reason for Request (Cite Ordinance Sections): (. /67 itCC r A-'CC- Vii /4'0ftcT7 C is• 7-7A, G_ /I- i c 119 - 0i2 Cw 7 /CLVV _—+,b w PC y fib ( j il" . U ' f ' 6--A) ( /Z 7772--,2_//1- /z- 7-7-751C/-7-'-------7S • In signing this application, 1 hereby acknowledge that 1 have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative: procedures. 1 further acknowledge the fee explanation as outlined in the application • procedures and hereby ogree to pay all statements received from the City pertaining to additional application expense. ki/ rt T-tr'v exhibit no. OOZG , NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Little Canada Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 6 October 1982. RE: Little Canada Mall - Conditional Use Permit and Variance for Signage FILE NO: 758.09 (82.26) Mr. Norm Brody has requested approval of a conditional use permit for multiple signage on the Little Canada Mall and a variance to the sign area requirement. To the best of our knowledge, the applicant's original C.U.P. request was tabled pending . additional plans from the applicant. Since that time, the applicant has requested that he be allowed to increase the sign area on the building from 10% of the front building silhouette to 20 %. The attached exhibit explains the applicant's proposed signage criteria for tenants of the shopping center. Multiple signage for a shopping center or multiple tenant building is cer- tainly understandable and is provided for in Section 903.110 E.5.b. of the Zoning Ordinance. In terms of sign area, it must be realized that the establishment of a maximum area is somewhat arbitrary.. Nevertheless, 10 percent of building silhouette area was the standard set at the time the Ordinance was adopted. In this regard, the requirement, whether abritrary or_net, has been consistently enforced. We are not of the opinion that the request meets the criteria for granting a variance (Section 922 of the Zoning Ordinance). This is not to say that the request is unreasonable. However, that determination is not ours to make, but rather the decision of the City Council. Our only recommendation is that if the City is inclined to increase the maximum sign area requirement, that it be done by ordinance amendment rather than variance. In this way, the requirement can be applied consistently to all businesses. cc: Joe Chlebeck Tom Sweeney Ed Locke Norm Brody 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 EXHIBIT LITTLE CANADA MALL SHOPPING CENTER SIC24 CRITERIA A. Exterior Signage. 1. Tenant's signs shall be store identity signs only with restricted copy to designate the Tenant's name, product or service. 2. Each Tenant will be allocated an area on the exterior sign bard on building. 3. Signs will be restricted in area on exterior fascia not higher than 8" fran tcp edge arcs not lower than 10" frail bottom edge. 4. Letters for signs to be 3/16" thick flat cut out plexiglass letters in such type style as Lessor may approve, not to exceed 30" in height for capitols and 22 1/2" on lower case letters. All letters to to installed with 1/2" standoffs. 5. The maximum length of Tenant's sign shall not be nearer than 24" to the edge of the Tenant's allocated sign area which will be determined by Viking Partnership. 6. If a sign is to be lighted, only individual, self - illuminating letters will be accepted, welded steelcase only, with no aluminum. E. The following PROHIBITED. 1. S igns transformers. PROHIBITED SIGNS: types of signs for sign components shall be employing exposed raceways, ballast boxes or 2. Moving or rotating signs. 3. Signs employing moving or flashing lights. 4. Signs, letters, symbols or identification of any nature painted directly on surface's exterior to the premises. 5. Signs employing unedged or uncapped plastic letters or letters with no returns and exposed fastenings. 6. Cloth, wood, paper or cardboard signs, stickers, decals of painted signs around or on exterior surfaces (doors and /or windows) of the premises. 7. Free- standing signs. • 8. Roof top signs. 9. Signs employing noise- making devices and components. 10. Signs exhibiting the names, stamps or decals of the sign manufacturer or installer. SIC�i APPRCFIALS: F. Procedures for Obtaining Approvals for Sign Drawings. 1. Tenant shall submit drawings and specifications for all its proposed sign work. Three (3) sets of drawings will be required by Lessor. The drawings shall clearly show location of sign on fascia of building; graphics, color and construction and attachment details. 2. The Lessor shall return one (1) set of the sign drawings, as soon as possible to the Tenant. The drawing will either be marked "Approved ", "Approved as Noted ", or "Disapproved ". Sign drawings that have been "Approved as Noted ", are to be returned to the Lessor bearing Tenant's approval, or are to be redesigned and resubmitted for Lessor's approval within seven (7) days of receipt by Tenant. Sign, drawings that have been disapproved are to be redesigned and resubmitted to Lessor for approval, also within seven (7) days of receipt by Tenant. 3. After the sign has been approved by the Lessor, it is necessary for the Tenant to also acquire the approval of the City of Little Can_.. prior to erec 'ng said sign. Lessor:- Ns A Dated: Dated. NORTHWEST ASSOCIATED CONSULTANTS INC. 4 November 1982 Mr. 0. Larry Lee Yorkton Ltd. 2345 Rice Street St. Paul, MN 55113 RE: Yorkton Industrial Park - Building Permit for Tract E Dear Larry: This is to document our discussion on 1 November regarding the information which must be provided relative to future development in the Yorkton Indust- rial Park. As per our staff report dated 25 March 1981, the following items have yet to be taken care of: 1. The temporary cul -de -sac at the end of Yorkton Industrial Boulevard must include a temporary easement for access purposes. You should check with the City Engineer as to the necessary surface diameter for the cul -de -sac. Presumably, it should be similar to the turn - around at the end of Yorkton Industrial Court. I will ask the City Council whether the turn - around needs to be paved. My recommendation to them is that it should be. 2. Easements for drainage and utilities should be provided along all property lines. These easements should be at least six feet wide on each side of each property line. 3. A grading plan for the entire industrial park should be submitted showing existing and proposed topography. This will be subject to review and comment .iy the City Engineer. The grading plan should show the berm along the southern edge of the indrustrial zone. 4. We still need a landscape plan for the Tract E building and also the landscape plan for the southern edge of the industrial park (along the proposed berm). The landscape plan(s) should include the proposed species, size and spacing of plant materials. Based upon those plans a bid must be prepared by a certified nurseryman indicating the cost of the proposed landscaping. This bid will be used by the City for determining the amount of bond or letter of credit which will be re- quired. We feel that some of the confusion relative to these issues, particularly the landscaping at the end of the industrial park, resulted when you took over the project from Ray Kroiss. It is quite possible that you were not aware of what had been discussed with Mr. Kroiss. At any rate, it is hoped 4820 minnetonka boulevard, suite420 minneapolis, mn 55416 612/925 -9420 Mr. 0. Larry Lee 4 November 1982 that the matter can now clearly be resolved. Page 2 We have reviewed your site plan for Tract E and found it to be consistent with the Little Canada Zoning Ordinance. As agreed by you and I and the Building Official, the Building Permit will not be delayed pending resolu- tion of the above - listed items. However, it is also understood that the issuance of a Certificate of Occupancy will be withheld until these items have been resolved. If you have any questions relative to this letter, feel free to contact our office. Thank you for your cooperation in this matter. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. -zQd &ti/ Bradley J,.. /Nielsen Senior P anner cc: City Council Joe Chlebeck Ed Locke ✓ Tom Sweeney Don Carley Extract of Minutes of Meeting of the City Council of the City of Little Canada, Minnesota Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Little Canada, Minnesota was duly held at the City Hall in said City on Monday, the 15th day of November, 1982, at o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT (STONERIDGE ASSOCIATES PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1 n RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT (STONERIDGE ASSOCIATES PROJECT) BE IT RESOLVED by the Council of the City of Little Canada, Minnesota, as follows: 1. The Council has received a proposal from Stoneridge Associates, a Minnesota general partnership (the "Company ") that the City undertake to partially finance a certain Project as herein described, pursuant to the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes (the "Act "), through issuance by the City of its $750,000 Commercial Development Revenue Bonds, Series 1982 (Stoneridge Associates Project) (the "Bonds "). 2. The Company desires to acquire certain real estate and construct thereon an approximately 26,250 square foot building and related improvements and equipment suitable for use as an office /warehouse facility (hereinafter referred to as the "Project "). The Project as described above will provide employment to additional persons and will otherwise further the policies and purposes of the Act and the findings made in the preliminary resolution adopted by this Council on April 8, 1981 with respect to the Project are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement dated as of November 1, 1982, between the City and the Company (the "Loan Agreement "), the City loan the proceeds of the Bonds to the Company to partially finance the cost of the Project. The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its . rights to the basic payments and certain other rights under the Loan Agreement to F&M Marquette National Bank, in Minneapolis, Minnesota (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust dated November 1, 1982 (the "Indenture ") and that the Company grant a mortgage and security interest in the Project to the Trustee pursuant to a Mortgage and Security Agreement dated November 1, 1982 (the "Mortgage ") and to further secure the payment of the Bonds and the interest thereon, enter into an Assignment of Leases and Rents dated November 1, 1982 (the "Assignment of Leases and Rents "). 11 Payment of the Bonds is also secured by a Guaranty Agreement dated as of November 1, 1982 executed by 0. Larry Lee, Hammon T. Becken and Michael C. Gresser in favor of the Trustee (the "Guaranty "). 3. This Council by action taken on April 8, 1981 gave preliminary approval to the proposal and on or about July , 1981 the Commissioner of Securities of the State of Minnesota gave approval to the Project as tending to further the purposes and policies of the Act. 4. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval; (a) The Loan Agreement. (b) The Indenture. (c) The Mortgage (not to be exeucted by the City). (d) The Assignment of Leases and Rents (not to be executed by the City). (e) The Guaranty (not to be executed by the City). 5. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act; (b) the purpose of the Project is and the effect thereof will be to promote the public welfare by the acquisition, construction and equipping of a facility for use as an office /warehouse. (c) the Project is to be located within the City limits, at a site which is easily accessible to employees residing within the City and the surrounding communities; (d) the acquisition, construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Loan Agreement, and Indenture and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (e) it is desirable that the Company be authorized, in accordance with the provisions of Section 474.03 of the Act and subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the acquisition and installation of the Project by such means as shall be available to the Company and in the manner determined by the Company, and with or without advertisement for bids as required for the acquisition and installation of municipal facilities; (f) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (g) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and payable during the term of the Mortgage, Loan Agreement and Indenture; (h) under the provisions of Minnesota Statutes, Section 474.10, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. ' 6. Subject to the approval of the City Attorney, the forms of the Loan Agreement and Indenture are approved substantially in the form submitted. The Loan Agreement and Indenture, in substantially the foiiu submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk and any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 7. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture. The offer of Miller Securities, Inc. ( "Miller ") to purchase the Bonds for $ plus accrued interest to the date of delivery at the interest rate or rates specified in the Indenture is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to Miller. 14 8. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to Miller certified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 9. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and . additions thereto as may be necessary and appropriate and approved by the City Attorney prior to the execution of the documents. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the teLms hereof. In the absence of the Mayor or Clerk, any of the documents authorized by this resolution to be executed may be executed by the Acting Mayor or the City Clerk, respectively. Adopted: November 15, 1982 Mayor Attest City Clerk (SEAL) 15