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HomeMy WebLinkAbout12-22-1982 Council AgendaAGENDA LITTLE CANADA CITY COUNCIL MEETING - 12 -22 -82 1. Call to order. ( 7:30 P.M. ) Tape no. to 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 City Clerk Mr. Joseph Chlebeck 3. APPROVAL OF MINUTES: DEC -8- 1982 CORRECTIONS Motion to approve by 2nd by Ayes Nays DEC. -9 -82 Corrections Motion to approve by 2nd by Ayes Nays Page -1- AGENDA LITTLE CANADA CITY COUNCIL MEETING - 12 -22 -82 CONTINUED PUBLIC HEARINGS: 4. HEARING- 7:30 Industrial Revenue Bonds Viking Partnership. Appearing Norm Brody. Tape no. to SEE CORRESPONCENCE: Page -8- Notice of Hearing. PAGES -9 -thru- 13 RESOLUTION. Comments anyone. MOTION TO CLOSE HEARING: Motion by 2nd by Ayes Nays. MOTION TO APPROVE ISSUE: Motion by 2nd by Ayes Nays. Resolution - see correspondence pages -9- thru -13- 5. HEARING- 7:35 Tape no. to Viking Partnership- Sign Variance ( Height - &- area) ( Little Canada Moll) Appearing- Norm Brody. SEE CORRESPONDENCE: Planning Commission minutes- pages- 4- thru -7- Notice of hearing page:,- 14 Mailing list Page -15 Planners report ( Oct -6 -) Page -16- ANOTHER REPORT IS PENDING FROM THE PLANNER. Application Page -I8- Comments: Motion to close hearing: Motion by 2nd by Ayes Nayes Motion to: Approve Table Deny other Sign Variance. Motion by 2nd by Ayes Nays Page -2- AGENDA LITTLE CANADA CITY COUNCIL MEETING 12 -22 -82 CONTINUED PUBLIC HEARINGS: 6. HEARING 7:50 Conditional Use Permit Garage expansion Appearing Dr. Anatole Rabcevich SEE CORRESPONDENCE: Comments: Tape no. to Planning Commission minutes pages-2- thru -3- Notice of Hearing Page -19- Mailing list- Page -20- Application Page -21- Planners report- pages -22- thru -25- motion to close hearing: motion by 2nd by Ayes Nayes, Motion to: approve table deny other Conditional Use Permit. motion by 2nd by Ayes Nays Page -3- AGENDA LITTLE CANADA CITY COUNCIL MEETING 12 -22 -82 CONTINUED PERSONAL REPRESENTATION: 7. Picha Property Appearing Frank Lentsch Tape no. to SEE CORRESPONDENCE: Planning Commission minutes- -1- thru -3- Planners report- pages -26- thru -29. ( Division Fee $ 100.00 paid receipt no. 10775) Motion to: approve deny table other Picha property division. Motion by 2nd by Ayes Nays Tape no. to 8. Little Canada Fire Dept. Equipment Certificates. Brad Farnham - Juran & Moody. Negotiate sale of certificates $ 145,000.00 We may be looking at a 7 Or 8 % interest. After Jan -1- 83- who knows On Tuesday Mr. Farnham & I meet with the Fire Dept. On Monday we will be meeting with our auditor. Motion to negotiate the sale of Equipment certificates with Juran & Moody. Motion by 2nd by Ayes Nayes. 9. Mr. Richard Anderson Tape no. to Development in Maplewood. Mr. Anderson wants to explain his development in Maplewood. SEE CORRESPONDENCE PAGES- 31 and 31. Page -4- AGENDA LITTLE CANADA CITY COUNCIL MEETING 12 -22 -82 CONTINUED PERSONAL REPRESENTATION: 10. Noise Complaint: Tape no. to Concerning Brady's SEE CORRESPONDENCE PAGES_ 32 thru -34- Mr. Tulgren has been informed of the complaint. Mr. Tulgren was asked to appear at this meeting. Tape no. to 11. Mrs Casey. Parking request in " No Parking Area " Edgerton Bike Bath. On 12- 13 -82- I discussed this matter with,Capt. Spencer, and he informed me that Shoreview and Vadnais Heights does permit parking in the " NO PARKING AREA" on bike trails ( Res. No. 82 -12 -617) denied the request. Actions. Tape no. to 12. Frank Husnik ( Ditch 16 improvement and waiver of appeal) North Star Moble Home Park. SEE CORRESPONDENCE PAGES -35- thru- 40. Page -5- AGENDA LITTLE CANADA CITY COUNCIL MEETING 12 -22 -82 CONTINUED COUNCIL LEGISLATIVE MATTERS: ATTORNEY 13. Cable -T.V. Tape no. to Joint - &- Cooperative agreement SEE CORRESPONDENCE PAGES- 41- thru -42- resolution approving the agreement. PAGES- 43 thru -52 agreement.. Motion to approve agreement: motion by 2nd by ( proposed resolution see correspondence ''ages 41 thru 42) Ayes Nays 14. Holzschuh - Assessment appeal waiver. Tape no. to 15. the overtime matter Tape no. to 16. Park Charge Tape no. to 17. other. Page -6- AGENDA LITTLE CANADA CITY COUNCIL MEETING 12 -22 -82 CONTINUED COUNCIL LEGISLATIVE MATTERS: Tape no. to ENGINEER 78. Total Asphalt- reduction in retainage. See correspondence page -53 -. Motion to Approve Deny retainage reduction. Motion by 2nd by Ayes Nays 19. Sylvan Estate request that the City Tape no. to make the total improvement and assess the improvement. See correspondence page -54- Actions. 20. Assessment reapportionment Tape no. to Division no. 057761 See correspondence page -55- Motion to approve assessment reapportionment for Div. no. 057761 Parcel no. Improvement Aud. D/P 53- 55000 - 140 -06 San. Swr. -1- 0425 0032 Water & Swr. 1409 0082 Swr- Wtr -Rd. 1435 1435 53- 55000- 462 -06 " " " " " ' II 53- 5500 - 564006 " It " Motion by 2nd by Ayes Nayes Page -7- AGENDA LITTLE CANADA CITY COUNCIL MEETING 12 -22 -82 CONTINUED COUNCIL LEGISLATIVE MATTERS: ENGINEER Tape no. 21. Feasibility reports. 83 -4- Watermain- Co. Rd. D. from Payne Ave to East line of Sylvan Estate. 83 -7- Watermain- Co. Rd. D. from East line of sylvan Estates to Greenbrier and Greenbrier from Co. Rd. D. to La Bore Rd. 83 -8- Watermain Co. Rd. D. from East line of Sylvan estates to Arcade and Arcade st. from Co. Rd. D. to Westwind. 83 -9- watermain Co. Rd. D. from Arcade to Labore. Motion to accept reports: Motion by 2nd by Ayes Nays Motion to call for hearings motion by 2nd by Ayes Nays 22. Engineer other. PLANNER 23. Reports: Note : enclosed in the agenda are reports from the Planner concerning: A. Frattalone matter. B. Little Canada Moll signs and conditional use. Page -8- AGENDA LITTLE CANADA CITY COUNCIL MEETING 12 -22 -82 CONTINUED COUNCIL LEGISLATIVE MATTERS: Tape no to 24 Request our legislator to pass a special bill to have the highway Dept release surplus right -of -way so that these properties may be placed back on the tax rolls. ( property in mind on Co. Rd. B and Rice St. ) Motion by 2nd by Ayes Nayes. 25. Transfers: Revenue Sharing $ 13,635.00 Motion by 2nd by to transfer $ 13,635.00 from Revenue Sharing Trust & Agency to the General fund. Ayes Nayes. 26. Transfers: From construction funds to General fund. ( The bond issue has a provision in it that 1 % of the contractors bid should be transfered to the General fund for in house administration purposes). Contractor Bid 1 % of bid Fund Total Asphalt $ 250,190.00 $ 2,502.00 558 Julian Johnson $ 589,012.50 $ 5,890.00 558 Ro So $ 108,566.25 $ 1,085.00 557 $ 9,477.00 Motion to transfer: $ 8,392.00 from fund 558 to the general fund $ 1,085.00 from fund 557 to the General fund motion by 2nd by Ayes Nayes. 27. Motion to approve payment of Vouchers: Motion by 2nd by Ayes Nayes Page -9- AGENDA LITTLE CANADA CITY COUNCIL MEETING 12 -22 -82 CONTINUED COUNCIL LEGISLATIVE MATTERS: REPORTS: 28- Public Safety: Mr. Hanson. 29. Building - &- Zoning- Mrs Nardini. 30. Utilities: Mr. Forsberg 31. Parks - &- Recreation: Mrs Scalze 32. Administration: Mr. Fahey. 33. Adjourn: Time adjourned. Tape no. to Motion by 2nd by ayes nays Letter out: Appointments: Mrs Nardini to Watershed Dist. committee. Mr. Chlebeck to D /N /R surface water committee. Letters to Vadnias Heights and Highway Dept. concerning 35 E and 694 (The letter also indicated a meeting should be held Vadnais Heights- Little Canada -and Mn Dot.) Yield Sign for Savage has been ordered. CORRESPONDENCE TO AGENDA LITTLE CANADA CITY COUNCIL MEETING - 12 -22 -82 PAGE CONTENTS. - I -thru- 7- Planning Commission report. - 8- thru -l3- Industrial Revenue Bonds ( Viking Partnership) -14- thru -18- Viking Partnership Sign Variance. -19- thru -25- Dr. Rabcevich - Conditional Use Permit garage expansion. -26- thru -29- Picha Property Division. -30- thru -31 Anderson proposal in Maplewood. -32- thru -34- Noise complaint- ( Brady's) -35- thru -40- North Star Agreement =41- thru -52 Cable -T.V. Agreement. -53- Total Asphalt retainage reduction. -54- Swr. - &- Rd. Improvement Sylvan Estate. -55- Assessment reapportionment Div. no. 057761 MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA December 2, 1982 The regular meeting of the Planning Commission of the City of Little Canada, Minnesota was held on the 2nd day of December, 1982 at 7:30 P.M. at 515 Little Canada Road in said City. The following members of the Planning Commission were present: Pete Costa Gene DeLonais Tom Ducharme Myers Frattalone Roy French LeRoy LeMay Jim Steele Sharon Timmons The following members of the Commission were absent: Joseph Vitale Also Present: Brad Nielson, City Planner Kathleen Glanzer, Recording Secretary Approval As there were no corrections to the minutes of the October 7, 1982 Of The Planning Commission meeting, Mr. Costa indicated that the minutes Minutes be approved as submitted. Picha Mr. Frank J. Lentsch, representing Rose Picha of 770 E. County Property Road D, appeared before the Commission. Mr. Lentsch reported Division that Mrs. Picha owns a house with approximately 4 acres that she has been trying to sell. The sale has been difficult because of the large amount of land with the house. Therefore, Mrs. Picha would like to divide the property so that there would be a 90 by 160 foot lot with the house and the remainder of the land would be sold to a developer. Mr. Lentsch reported that all that is necessary is a simple subdivision. Mr. Lentsch reported that he has provided a copy of a survey. Mr. Lentsch also pointed out that there is a garage located on the property. The house would be located on Lot A and the garage is on the property that would be known as Lot B. The Planner has recommended that the garage either he moved or removed before approval of the subdivision. Mr. Lentsch reported that when Mrs. Picha receives an earnest money contract for the house, they would like to give the buyer the option of taking the garage if the buyer desired. The buyer would MINUTES Planning Commission Dec. 2, 1982 Picha Property Division (Cont.) If the buyer would not want the garage, Mr. Lentsch reported that the garage would be torn down. Mr. DeLonais asked if there was room on the lot for the garage. The Planner replied that there is about 30 feet on the east side of the house and the garage could be moved in that area or behind the house. Mr. LeMay asked if the lot met the requirements for a corner lot. The Planner replied that it did. Mr. Costa asked if the rest of the property would stay in acreage. The Planner replied that it would, however, he is recommending that a resubdivision sketch he required just to show how the property could be divided. The Planner commented that in that way if a building permit is applied for on Lot B the Building Official could review the sketch to determine if the new house would interfere with the future development of the property. Mr. DeLonais moved approval of the Picha property division as submitted subject to the matter of the garage being taken care of at the time of sale of the property and noting that no variance will be granted for the garage on the east side of the house and also requiring utility easements around the property. Motion seconded by Mr. French. Motion carried 8 - 0. Mr. Costa asked why it is necessary to move a building in order to subdivide a piece of property. The Planner pointed out that the ordinance states that an accessory building cannot be the principle use of a piece of property. Mr. Costa asked about the case where a building would be too good to tear down. The Planner pointed out that it is a non - conforming use and must be torn down or moved. The Planner stated that the idea is to prevent someone from building a garage on a piece of property that would be used for storage and then just leaving the structure. Mrs. Timmons commented that this situation should not be in a residential area. Mr. Costa asked about the situation where the property is used for farming. The Planner replied that the City does not have an agricultural zoning district. Mr. Costa asked if it were possible to get such a district. The Planner MINUTES Planning Commission Dec. 2, 1982 Pi.cha Property Division (Cont.) replied that it was possible, but typically this type of district has no less than 40 acres. Mr. Costa stated that he did not feel the area would have to be that large. Costa pointed out that some of his property is divided into lots. The Planner replied that the solution would be to combine the property. The Planner stated that he would not care for the situation of a garage being built on an empty lot next to his house for storage purposes. The Planner stated that this is an undesirable situation in a residential area. Mr. LeMay aksed why the garage could not be sold with the lot. The Planner replied that the lot with the house on it could have been extended to include the garage. Rabcevich Dr. Anatole R. Rabcevich appeared before the Commission. Dr. Rabcevich Conditional reported that he had started to expand his present garage and was Use Permit told that the expansion exceeded the allowable square footage by For Garage 109 square feet. Therefore, in order to build a garage of this size he needs a conditional use permit. Dr. Rabcevich reported that the reason he was expanding the garage to this size is because there was an existing slab and he was adding on to the garage the size of this slab. Dr. Rabcevich reported that he has 1.7 acres of property. The planner stated that there are 1.23 acres according to the plat map. Mr. Costa asked if the setbacks were in order. The Planner replied that the addition complies to all requirements other than being over the 1000 square feet allowed. Mr. Nielson stated that Dr. Rabcevich is requesting a conditional use permit. Mr. Nielson also stated that the addition has no effect on the surrounding property owners and that he did not see any problem with granting the permit. The Planner stated that he made two comments in his report that would apply to any oversize garage. The first is regarding home occupations. Dr. Rabcevich reported that he intends to have another garage built in the future and when this is done he will conform to all Codes of the City. Mrs. Timmons asked if the conditional use permit would run with the land. The Planner replied that the permit would not apply to a different structure. MINUTES Planning Commission "'.1 Dec. 2, 1932 Rabcevich Conditional Use Permit Little Canada Mall Mr. DeLonais moved approval of the conditional use permit as requested by Dr. Rabcevich for his garage. Motion seconded by Mr. Ducharme. Motion carried 8 — 0. The Planner reported that Viking Partnership is seeking approval of Phase II for the Little Canada Mall and a variance for the size and height of its pylon on Minnesota Street. Mr. French commented that he thought the 1'l:±nning Commission was to get a 10 day study period for these types of requests. The Planner submitted to the Commission a plan for the expansion of the Mall. The Planner informed the Commission that Phase I1 is way short of the City's parking requirement. The Planner commented that Viking Partnership is planning to also acquire Lot 35 in the area and will then have two lots on Viking Drive with about 265 feet of frontage. The proposed addition will consist of two levels and total about 56,000 square feet. There is a common area proposed on both floors of the addition which will consist of a 20 foot wide corridor. If approved, the total square footage for the shopping center will be 92,000. The Planner reported that under the ordinance 455 parking spaces are required and the plan shows 289 parking spaces. Mrs. Timmons asked if this plan was too incomplete for the Planning Commission to make a recommendation on. The Planner stated that he is recommending that the building be reduced to the size that would accommodate the parking. The Planner stated that if the additional land is acquired, it is still questionable that enough parking can be provided. Mrs. Timmons stated that she felt at this point it was a waste of time to review the plan. Mrs. Timmons commented that there are currently parking problems at Phase I of the Mall. Mr. Brody replied that the parking spaces at Phase I meet the City's code. Mr. Brody stated that if Viking Partnership cannot provide the necessary parking, it will build a smaller building. Mr. Brody informed the Commission that a warehouse retail shop is planned for the first floor of the new phase. There will be a great deal of this space used for warehouse and thus the parking requirement should he lower for this area. MINUTES Planning Commission Dec. 2, 1982 Little Canada Mall (Cont.) Mrs. Timmons asked if the parking requirement would run with the particular type of tenant. The Planner stated that the Mall would have to commit to just this type of use. The Planner stated that there is a provision in the ordinance for the requirement of less parking for a warehouse — retail business, for example the Levitz operation. Mr. DeLonais asked the difference in the parking requirement between the two. The Planner stated that he did not calculate this because he has not receiv1 detailed plans. Viking Partnership has also indicated that they may not be willing to commit to this. Mrs. Timmons suggested that Phase II be tabled until the Commission receives more detailed plans. Mrs. Timmons moved that action on Phase II of the Little Canada Mall be tabled until the Planning Commission receives a report from the Planner and has time to review said report. Motion seconded by Mr. Ducharme. Motion carried 8 — 0. Mr. Brody requested approval of a variance for the size and height of the pylon proposed for the Little Canada Mall on Minnesota Avenue. The Planner reported that the total sign area is not the problem, the problem is with the individual pylons. The Ordinance regulates the size and height of pylonsaccording to the type of street on which they are located. The size and height allowed increases as the size of the street increases and the speed limit on the street increases. Mrs. Timmons asked if with the proposed increase in the size of the pylon if the 15% requirement will be exceeded. The Planner replied that the Mall will still be within the 15% requirement. Mr. Brody showed the Commission pictures of the poles installed for the pylon at a height of 25 feet as it will appear from Rice Street. The Planner stated that the ordinance allowed a pylon 16 feet high on Minnesota Avenue. Mr. Brody stated that Viking Partnership is requesting the height at 25 feet and this would take into account for the 15 foot drop in elevation from Rice Street. Mr. Brody stated that he did not feel the sign would be too obtrusive at this height. MINUTES Planning Commission Dec. 2, 1982 Little Canada Mr. Brody submitted to the Commission a letter from Snyders Mall(Cont.) explaining the problems they are having because of the lack of a sign. Mrs. Timmons commented that the letter might not have been written if there had been a sign no matter what the height. Mr. DeLonais expressed concern that every merchant will want his name on the pylon. Mr. Brody replied that Snyders will be the only merchant with its name on the pylon. Mr. Brody also reported that they are requesting the size of the pylon to be 120 square feet. The Planner reported that under the ordinance they are allowed a 25 square foot sign. Mr. Brody stated that the sign would be 10 feet by 12 feet as opposed to 5 feet by 5 feet. Mrs. Timmons asked the size of the sign that would be allowed on Viking Drive. The Planner replied that the sign would be 30 feet high and 200 square feet in size as allowed under the ordinance. Mr. Brody reported that there are currently no plans for the pylon on Viking Drive. Mr. LeMay moved approval of the variance requested by Viking Partnership for an increase in the height of the pylon on Minnesota Avenue from 16 feet as allowed under the ordinance to 25 feet and an increase in the size of the sign from 25 square feet to 120 square feet. Motion seconded by Mr. Frattalone. Motion carried 8 — 0. Mr. French asked when Viking Partnership would begin building Phase II. Mr. Brody replied that they would like to get started in the Spring. Mrs. Timmons reported that she attended a workship in land use planning directed at planning commissions. Mrs. Timmons reported that the workshop was very interesting. Mrs. Timmons stated that one of the things discussed was the ramifications of approving or denying proposals. It was also pointed out the importance of keeping exhibits. The Planner stated that when the Planning Commission approves a variance they should make sure that they have the grounds for granting the variance. MINUTES Planning Commission Dec. 2, 1982 Little Canada The Planner stated that there are specific grounds for granting Mall variances in the ordinance. The Planner stated that a variance (Cont.) should not be granted for one person when it would not be granted for someone else. Mr. LeMay stated that he likes the ordinance as is, but feels that the Planning Commission should be able to judge each individual case. Mrs. Timmons stated that the reasons for granting a variance should be stated in the resolution. Mrs. Timmons pointed out that the Planning Commission is not immune to legal action. The Planner commented that the Little Canada Mall is not low from Minnesota Street on which it is located, but low from Rice Street. Mr. French commented that Cub Foods is higher than the Little Canada Mall. The Planner pointed out that Cub is located on Rice Street. The Planner stated that the Planning Commission has allowed the Little Canada Mall to make up for the fact that it is not located on Rice Street. Sewer The Planner described the route proposed by the Metropolitan Waste Interceptor Control Commission for its sewer interceptor line through Little Canada. Line Adjourn Mr. DeLonais moved that the meeting be adjourned. Motion seconded by Mr. Costa. Motion carried 8 — 0. There being no further business, the meeting was adjourned at 8:38 P.M. Respectfully submitted, Kathleen Glanzer Recording Secretary NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT (VIKING PARTNERSHIP ADDITION PROJECT) To whom it may concern: Notice is hereby given that the City Council of the City of Little Canada, Minnesota will meet in the City Center in the City of Little Canada, Minnesota at 7:30 o'clock p.m. on December 22, 1982, to consider the proposal of Viking Partnership that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Description of Project Acquisition of land near the intersection of Viking Drive and Rice Street (79 Viking Drive) and construction of an addition containing between 40- 60,000 sq. ft. to the existing Little Canada Mall for use as a multi- tenant retail facility. The estimated principal amount of bonds or other obligations to be issued to finance this project is $2,000,000. Said bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Energy, Planning and Development, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning November 24, 1982, from 8:00 o'clock a.m. to 4:30 o'clock p.m., Monday through Friday, z.t the City Center. At the time and place fixed for said Public Hearing, the City Council of the City of Little Canada will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 24th day of November, 1982. (BY ORDER OF THE CITY COUNCIL) By /s/ Joseph G. Chlebeck City Clerk RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT (VIKING PARTNERSHIP ADDITION PROJECT) WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act. (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Little Canada (the "City ") has received from Viking Partnership, a general partnership orgy ±sized under the laws of the State of Minnesota (the "Company ") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; (d) The City desires to facilitate the selec- tive development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) The Company is currently engaged in the business of real estate development, management and leasing. The Project to be financed by the Revenue Bonds is an addition to the existing Little Canada Mall for use as a multi- tenant retail facility to be located in the City and leased to various tenants and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, and will result in the em- ployment of additional persons to work within the new facilities; (f) The City has been advised by representa- tives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on November 24, 1982, a public hearing on the Project was held on December , 1982, after notice was published, and materials made available for public inspection at the City Center, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Little Canada, Minnesota, as follows: i. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acqui- sition, construction and equipping of facilities within the City pursuant to Company's specifications suitable for the operations described above and to a revenue agreement between 1. 0 the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the total principal amount of approximately-$2,000,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Commissioner of Energy, Planning and Development (the "Commissioner "), and subject to final approva' by this Council, Company, and the purchaser of the Revenue Bonds as to the ulti- mate details of the financing of the Project; 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require; 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; 6. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Commissioner the issuance of the Revenue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company con- siders necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City. Adopted by the City Council of the City of Little Canada, Minnesota, this day of December, 1982. Attest: City Clerk 1 Mayor 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 SIGN VARIANCE HEIGHT -AND- AREA MAYOR Raymond Hanson COUNCI L Michael Fahey Beverly Scalze Dennis Forsberg Mugs Nardini Notice is hereby given that the Council of the City of Little Canada,Minnesota, will hold a public hearing on the 22 nd day of December 1982, at 7:35 P.M. in the Council Chambers of the City Center located 515 Little Canada Road in said City to consider the following. PROPOSAL: PURPOSE: LEGAL : APPLICANT: Variance for signs in height and in area. Construct -2- Pylon Signs one on Minnesota Ave and one on Viking Dr. LOT -1- BLOCK -I- LITTLE CANADA MOLL ADDITION. Viking Partnership. All persons desering to be heard with reference to this matter will be heard during this hearing. Josepfi G. 77 Clerk - - _ LITTLE CANADA MALL SIGN VARIANCE WM. M EAGAN 192 S MCCARRONS BLVD. ST. PAUL, MN 55113 WM.SCHROEDER ET AL 2300 RICE ST LITTLE CANADA, MN 55113 RAYMOND EAGAN 34 MINNESOTA AVE. LITTLE CANADA, MN 55113. FRANCHISE REALTY INTERSTATE CORP. 2260 RICE ST. ST. PAUL, MN 55113 MARCELLA M SAUVAGEAU 46 MINNESOTA AVE. LITTLE CANADA, MN 55113 CHAMPLIN PETROLEUM CO. DELAWARE CORP. 2444 RICE ST. ST. PAUL, MN 55113 ESTHER B JOHNSON 91 W VIKING DR. LITTLE CANADA, MN 55117 David E. & Jane E. Koopman 85 W. Viking Dr. Little Canada, Mn 55117 BRINKMAN DENTAL LAB. 219 E LITTLE CANADA RD. LITTLE CANADA, MN 55117 KENNETH T & SANDRA EAGAN 65 W VIKING DR. LITTLE CANADA, MN 55117 C DONALD J EAGAN 39 W VIKING DR. LITTLE CANADA, MN 55117 WILLIAM LOUIS DOHMEN 29 W VIKING DR. LITTLE CANADA, MN 55117 navn!mmn n PrACNTMn C 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 not, 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 l(; 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925 -9420 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 SIGN VA 1ANCE HEIGHT -AND- AREA MAYOR Raymond Hanson COUNCI L Michael Fahey Beverly Scalze Dennis Forsberg Mugs Nardini Notice is hereby given that the Council of the City of Little Canada,Minnesota, will hold a public hearing on the 22 nd day of December 1982, at 7:35 P.M. in the Council Chambers of the City Center located 515 Little Canada Road in said City to consider the following. PROPOSAL: PURPOSE: LEGAL : APPLICANT: Variance for signs in height and in area. Construct -2- Pylon Signs one on Minnesota Ave and one on Viking Dr. LOT -1- BLOCK -1- LITTLE CANADA MOLL ADDITION. Viking Partnership. All persons desering to be heard with reference to this matter will be heard during this hearing. J at-e-f G. Chlebeck Clerk 17 CITY OF LITTLE CANADA 515 Little anad. Road, Little Canada, Minn. 55117 Received From Add -ss RECEIPT N° 10573 19 dxgeD � • C c ter Vet For Cti Dollars $ JC t Account No Name Amoun • se Permit Planned Unit Development Applicant U l k I /V' c-)7) f r} (JAK. //7/ (L; - (Name) (Address) /& u: (1 a S /,3 (Phone) c, ' Owner (Name) (Address) (Phone) Property Location (Street Address and legal Description): / Lam /jam ( /oc �C ( / �'F Cr is i 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 RAMSEY COUNTY, MINNESOTA CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT MAYOR Raymond Hanson COUNCIL Michael Fahey Beverly ScaIre Dennis Forsberg Mugs Nardini Notice is hereby given that the Council of the City of Little Canada,Minnesota,will hold a public hearing on the 22nd day of December 1982, at 7:50 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. PROPOSAL : To grant a Conditional Use Permit. PURPOSE : Exspansion of a residential garage to 1,119 sq. ft. LOCATION: 620 Keller Pkwy. Richards Point. PROPERTY :.'x Nly 32 5/10 ft measured DESCRIPTION par to Nly L of Lot -3- and Nly 65 ft measured par to Nly 1 of Lot -4- in Blk -1- APPLICANT Dr. Anatole Rabcevich All person desering to be heard with reference to this matter will be heard during this hearing. Joseph G. Chlebeck Clerk HEARING FOR RABCEVICH EXPANSION OF GARAGE 12 -22 -82 7:50 p.m. Paul J & Lura Sprosty 633 Keller Parkway Little Canada, Mn 55117 Gregory James Tulgren 2746 Edgerton Little Canada, Mn 55117 Lowell L & Carolyn F Kvam 630 Keller Parkway Little Canada, Mn 55117 James J. Andersen 636 Keller Parkway LIttle Canada, Mn 55117 Ernest & Mary E. H. Orr 124 S. Mississippi River Blvd. St. Paul, Mn 55105 LITTLE- CANADA, E HINNL 5U 1Pk APPLICATIONI E=ORM Comprehensive Plan Amendment Zoning District Amendment Text Amendment tp1 cant - •� (Nave) PAID REC.NO. /0 7 Cr - Conditional Use Permit Variance Subdivision (, ),:; (Address) .,,...,F (Nome) -- • (Address) )perty location (Street Address and legal Description): Planned Unit Development Plan Review H *_ (Phone) (F hone) !scription and /or Reason for Request (Cite Ordinance Sections): , J r1 signing this application, I hereby acknowledge that I hove rend and fully understand the ,plicable provisions of the Zoning and Subdivision Ordinances and current administrative_ ocedures. 1 further ocicncewledge the fee explanation as outlined in the application ocedures and hereby agree to pay all statements received from the City pertaining to iditionat application expense. l�r rt jr, (Signotur of Applicant) Clerk's exhibit no. rLLrt,rnrntntinn and plans) r rtr.v_.7 -8 -78 60 G NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Little Canada Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 1 December 1982 RE: Rabcevich, Dr. Anotole - Conditional Use Permit for Garage Over 1,000 Square Feet in Area FILE NO: 758.09 (82.33) BACKGROUND Dr. Rabcevich, 620 Keller Parkway, (see Site Location Map, attached) has requested a Conditional Use Permit (C.U.P.) for an addition to his existing garage which brings the garage over 1,000 square feet in area. According to Dr. Rabcevich's application, the existing garage contains 674 square feet of area and the addition 435 square feet - a total of 1,109 square feet. Section 903.020 D.4. of the Little Canada Zoning Ordinance requires a C.U.P. for accessory buildings larger than 1,000 square feet in area. The addition was built prior to the applicant obtaining a building permit. Consequently, a double building permit fee will be charged. According to the applicant, he built the addition over an existing concrete slab which was used by the previous owner to park a recreational vehicle. Dr. Rabcevich plans to use the garage addition to store his own recreational vehicle. ISSUES AND ANALYSIS Although the applicant's site plan (Exhibit B) is somewhat sketchy, we have been able to determine from it and aerial photos of the property that the existing house and garage and the garage addition conform to the setback re- quirements provided in the Zoning Ordinance. The applicant's property is relatively large (1.23 acres) compared to Little Canada's zoning standards. As a result, the lot is considered well suited to accommodate the somewhat oversized garage. This combined with the stated use of the garage suggest that the C.U.P. should be granted. 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 Little Canada Planning Commission, Mayor and City Council Page Two RECOMMENDATION Based upon our review of the applicant's request, the C.U.P. is considered appropriate. A general recommendation relative to any request of this nature is that the City may wish to impose certain landscaping requirements for over- sized accessory buildings. The intent of such a condition is to break up or screen the physical massing of the structure to some extent. Given the size of this property, the setback from Keller Parkway (264 feet) and the orienta- tion of the garage, we do not feel strongly that such a condition is necessary in this instance. Finally, we encourage the City to advise any applicant for an oversized accessory structure, particularly detached structures, of the provisions relative to home occupations. To a large extent, this is the intent of requiring a C.U.P. for oversized accessory buildings. cc: Joe Chlebeck Don Carley Tom Sweeney Ed Locke Dr. Rabcevich 1.3 t et 17t�r, W444 w a v • - 934.59ij(- 1143.99 EE INSERT M 290 m r 555 39 (3591) Go40294.6)® • rM) 4 xn 1120 "rY 1,4 oLocollor4 Exhibit A SITE LOCATION Rabcevich C.U.P. - Garage ■ LA, F No it-TiA CI J 1 44 2 5 % ‘‘I' .)•\s, ai.‘ rat- Exhibit D • SITE PLAN 17 "Tr one .421 al= • NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Little Canada Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 30 November 1982 RE: Picha, Rose - Proposed Lot Split FILE NO: 758.09 (82.32) BACKGROUND Mr. Frank Lentsch, a realtor representing.Rose Picha, 770 E. County Road D, has submitted an application requesting a lot division for Ms. Picha's property. The site is located in the southeast corner of Greenbrier Street and County Road D (see Site Location Map, attached as Exhibit A). The property in question is currently zoned R -1, Single Family Residential and contains 4.18 acres. The request involves dividing off a 14,418 square foot lot containing an existing home. The remaining parcel will contain approximately 3.85 acres. ISSUES AND ANALYSIS While the request is considered relatively simple, the following issues should be addressed: 1. Resubdivision Sketch. The Little Canada Subdivision Ordinance requires that in instances 'here a subdivision results in creating land parcels which could be further divided at some future date, the applicant must submit a resubdivision sketch indicating how the property can be further developed. The purpose of this requirement is to ensure that the pro- posed division takes future development into consideration, thus avoid- ing potential future variance requests. The resubdivision sketch is recorded with the County and serves as a guide for future development. Although this request does not involve formal platting, we suggested that the applicant submit a resubdivision sketch. Exhibit B illustrates how the remaining parcel (Parcel B) can be developed in the future. As proposed the resubdivision plan meets or exceeds Little Canada lot size requirements. The design also takes into consideration the exist- ing NSP powerline easement located in the south half of the property. 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 Little Canada Planning Commission, Mayor and City Council 30 November 1982 Page Two 2. Greenbrier Street. There is a discrepancy between the County half- section maps and the applicant's survey regarding the status of Green- brier Street. The County maps (see Exhibit A) indicate that only 33 feet has been dedicated for Greenbrier Street. The applicant's survey shows a full 66 foot right -of -way width. In discussing this matter with the City Engineer he suggested the possibility that the right -of -way may have been dedicated in the past, but never filed. This issue should be researched and resolved as part of this request. If the street has not been formally dedicated to date, it should be done at this time. 3. Drainage and Utility Easements. As required by Section 1006.040 of the Little Canada Subdivision Ordinance, drainage and utility easements six feet in width should be provided along all lot lines for Parcel A. Ease- ments for the remainder of the property can be acquired concurrently with future platting. 4. Existing Garage. A 16' x 26' garage is located approximately 100 feet south of the existing house. As proposed the garage will not be in- cluded on Parcel A. This violates the Little Canada Zoning Ordinance by leaving an accessory structure as the principal building on Parcel B. Prior to final approval of the request, the City should require that the garage be relocated onto Parcel A or removed altogether. Also relative to garages it should be noted that, in spite of the 90 foot lot width of Parcel A, the location of the house leaves 30 feet to the west lot line. Assuming a 10 foot side yard setback, only 20. feet would remain in which to build an attached garage. Since there is adequate room elsewhere on the site to accommodate a two car garage, the issue is raised simply to make the applicant aware of the potential problem. 5. Future Development. While the request for a simple subdivision is con- sidered acceptable in order to separate the house from the remainder of the property, it is recommended that future subdivision of Parcel B should be done as a formal plat. RECOMMENDATION Based upon the preceding analysis, it is recommended that the lot division be approved contingent upon the above mentioned issues being resolved and subject to review and comment by the City Engineer and City Attorney. cc: Joe Chlebeck Don Carley Tom Sweeney Ed Locke -frank Lentsch CERTIFICATE OF SURVEY nt, JOHN R. TERNS .10.61S71.RED ASI)/z/ ttll P.L. MIN V f' . / n nn ,1af n IN, an! 0' Air, . rO kn.,/ lAb LMil de d nenon. ad !kat at. mana• Ito a noara d nnn Ao/. n. F. plan cu AL.., a-4 that any mr•we fte annann-n-nrcanrat- ,.. .... . ntry, .rnt-`,.1* 1/I• ...... a.. .”roaosen% ni garrntic" -e77 `-- /forth' /imp of Go/ fle---"' et. , - . ,, „ 33 ' 33.4 . ,00. /0 • 1 I 90.0 1 i 1 ' t.... 9.... t'.? . r; 4k. bz C9 CO }. nu° On . eti. an 40i• ';:f N: `i. , •,. :1. a • ii :t. tc• . 10' ..-- — — .--- — 3 Attar' • 6.141.4ti• ••-•- 0 It; IV 75. 5 ire • • • . l• • • , ■■•• ;776 ...••••••■ A. . .. .. ..r . ■ . , . . - ' • I 0 ./1 . — — 0 s„,.. ' t • N 1-1— - — ! I t, • ti. ' ''.:;t, ‘, ::::. ; ' • . pi: •••• .' kl'iN y 1 '"•• • 0 6 1 ,,. • 51•e• /noted th % • • • 22 1. 1 CI; -i-- • k 4 'S ••K • t‘l). Ht./ I ; 33 \r,33 4 2,0 /4. 4,6 Sa. r Exhibit B PROPOSED DIVISION AND RESUBDIVISION SKETCH. ?P-O'OSED LOT- SIT 7 Jo 51a.10 M ° k Cr 1 r 1: • ,a, ( -2AO) ;;CO' -- ".• 115 025 _ m r 94a^ 1 %Oac. \ v (- 366) 7.07' 9 10 1 0 0 0 ( -4,70) 1.13 nc 0 NO N 0 0 :a) .94 ac. a, 0 0 1 l_ 79. 19.2 . 155 13 , Ifo .NV pj ( "141.1 „AL I "1 158.40 1Sh..4 9Pac 4,32n. r. `00 0 - a 0 - 0119.81) .'391, 9.9) T 9 1 Inc '''ALLAN-4 o 11J 9 nl 7.01,\-7 Exhibit A SITE LOCATIOd Picha lot split (. If IAG•9.0i01_.___l I 3`10.0" r),V J DV r; ! J JJK Map 3 SITE PLAN ■ N n J 2 dew dVW 9NI1 )l1H9dOSld 7 4Q' a 1 101 1 n 0 0 N W rt sl n, Ot 30VdS N3d0 A!Nf100 A3SWVU / / NOIIVNW30NO N00 a30N0 a fl •4 36T 2 ,1 £ S6 • r) ) doz 1 i `' 3 a ..t 11 t zu7nt 722, Y_2., -"1/ t„,./ .21--C-17L-L /Le. /) ,ntetibeC -Z---c—a-Lt--/ j t,e1 L42 e_ 276 ---7{,_ 1 2-1-c - ey:.-22.Lrel -7 re/ /Lt- V — 4,2„„, - .e._77 .2_47 , ../..:' , ., . •.,,,, ‘c"--- Z , - ,L- ,L.,± ./1/1 L ./..L‹. ; i i 7 ec.: .6'1. c A j ..) ..: L. / 7 ' 7' e L",... /el 2- i ' ,4„z„-e ;ILL e- , • ),/ 4/- /112. :147' x :2r! L • ii 17y2, 1 2 ...e2z_e_ ,-,--/e,-22 .e-,t—e--2--/ 1 e p24,,,,e..,/ ..,_-___-_i_./ ,,z_.„__.: tt 7-- , , - i / Met / -.et lc, -2,-.1.“---/A 2,2:_jclitt.:__.-- )---/ dc--0,--e 1.- e ..,;:c... et i_ L.----- ...,z_„,-/-, ,e..-.1.--) 2/ 5 ..,„ite._-4--/-• ..- ,a-ie - IL t---' „e_tc-4-72.- -1---Z-2... •I. , , t ; / vdell- / -.2e_411/14-7-7 _/1-,a,--/ L.,-e.--- a-ie, e--et-z-p,--e ? . %/ Lir :r-r / ,c3 d „ -; , ,it ,e.,..dt-ty 4 ay 74— ,a A.< - .-c ci)Ltc.- / ‘ e /711 3 '3 114 .-- ----"H. /- I. A ' -KT:* .._-/--(---'-'=--`" - e`-. %' ,,..2 ... (4. - ---. / -Ce,..,..c-ce 1,2,...e..-1.c.-..... C.: .----Z 4)7 7/ 7 ‘---"-/<:-`-`°4---c-- -'-.---- ,z0--7/ AGREEMENT AND WAIVER OF RIGHT TO APPEAL THIS AGREEMENT, dated this _ day of , 198 by and between the City of Little Canada, a municipal corporation, hereinafter called City, and North Star Estates, a Minnesota partnership, d /b /t. North Star Estates Mobile Home Park, hereinafter called North Star. WITNESSETH: wt1EREAS, North Star is the owner of a mobile home park known as North Star Estates located in the City of Little Canada, Minnesota, and WHEREAS, North Star agrees that it is bound by the terms of a previous agreement with the City which provided for the construction by North Star of a roadway at its expense for the purpose of providing an additional entrance from South Owasso Boulevard into said mobile home park, and WHEREAS, the construction of said road will necessitate a public improvement for the installation of 18 feet of culvert pipe, and WHEREAS, the owners of North Star will petition the City Council for said public improvement, pursuant to the applicable provision of Minn. Stat. Chapter 429, and WHEREAS, the costs of said public improvement for the installa- tion of 18 feet of culvert pipe shall be paid as provided herein, and WHEREAS, City is obligated to enforce said agreement in order to ensure the health, safety and welfare of the residents of said mobile home park, and WHEREAS, the leasing by North Star of sites for mobile homes during the ten ye -s since the opening of said park has resulted in mobile homes occupying all of the lots in said park, thus leaving no open areas which would allow for the creation of a new entrance, and WHEREAS, it now is apparent that in order to construct said new road entrance to said park, one of the existing mobile home 3J sites will have to be displaced, and presently there is no vacant site to which the displaced mobile home can be moved, and WHEREAS, one of the owners of North Star, Francis Husnik, has appeared at Little Canada Council meetings and expressed North Star's accorC. with the following terms. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. The owners of North Star will petition the City Council for the public improvement for the installation of 18 feet of culvert pipe pursuant to the applicable provisions of Minn. Stat. Chapter 429, and the City Council will order said public improve- ment for completion prior to July 1, 1983, subject to the pro- visions of this Agreement, in accordance with the provisions of Minn. Stat. Chapter 429. 2. The City will be responsible for the cost of six feet of culvert pipe delivered to the site. 3. North Star will be responsible for the additional costs relating to 12 feet of culvert pipe and the costs relating to the installation of the 18 feet of culvert pipe. These costs will be specially assessed over a ten year period against the North Star mobile home park property, pursuant to Minn. Stat. Section 429.061, and will be paid by North Star when due. 4. The owners of North Star agree that said special assess- ments are reasonable and are based upon and do not exceed the benefits received by the North Star mobile home park property by virtue of construction of the Little Canada public improvement. 5. The owners hereby stipulate that the special assess- ments described above will be levied against the mobile home park property, ac.: will constitute a lien on said property, in accordance with Minn. Stat. Section 429.061. 6. The owners hereby stipulate that any right to appeal from the special assessments described above pursuant to Minn. Stat. Section 429.081 is waived in all respects and in all events. 7. North Star will construct at its own expense an additional entrance road, similar to the existing roads within the mobile home 7'3 park, from South Owasso Boulevard into the North Star Estates mobile home park at the location where Lot 119 now is located, as soon as the mobile home on said lot, owned by Ruth Breeding, has been relocated to another site in the park or removed by Ruth Breeding from the park. Said road will be completed by July 1, 1983. 8. The construction of said entrance road shall be in compliance with plans and specifications of the City engineers, and the entire cost thereof shall be borne by North Star, including the costs of crossing the county ditch. 9. North Star agrees that it will make available to Ruth Breeding the first ''ome site to become vacant and available by May 1, 1983, within the park in order to effectuate the relocation of her mobile home: 10. North Star agrees to pay all the costs incurred by Ruth Breeding in the relocation of her mobile home within the North Star mobile home park, if a lot is available by May 1, 1983,and that certain letter from North Star to Ruth Breeding offering to pay said costs shall be incorporated in this Agreement and become a part hereof, and attached hereto as Exhibit A. 11. The owners agree that this Agreement shall be recorded in the office of the County Recorder for Ramsey County, and agree that the terms and provisions hereof shall be a covenant on any and all deeds relating to the subject property. 12. The owners agree that this Agreement shall be binding upon its successors and assigns. Breach of any of the terms of this Agreement by the owners shall constitute grounds for revoca- tion of the mobile home park permit relative to the subject property, 13. The owners agree to reimburse the City for all costs incurred by the City in the defense and enforcement of this Agree- ment, or any portion thereof, including, but not limited to, investigation costs, court costs, expert witness fees, and rea- sonable attorney's fees. 14. If any portion, section, subsection, sentence clause, paragraph or phrase of this Agreement is for any reason held to 3 be invalid by a Court of competent jurisdiction, such decision shall not affect or void any of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and Waiver of Right to Appeal this day of , 198 CITY OF LITTLE By: Mayor By: CANADA Clerk NORTH STAR ESTATES By: STATE OF MINNESOTA )ss. COUNTY OF RAMSEY ) A Partner The foregoing instrument was acknowledged before me this day of , 198 , by Raymond Hanson, Mayor and Joseph G. Chlebeck, City Clerk, on behalf of the City of Little Canada, a municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 198 , by a partner of North Star Estates, a Minnesota partnership, on behalf of said partnership. Notary Public This instrument was drafted by: Sweeney, O'Connor & LeMay 350 Northern Federal Building St. Paul, Minnesota 55102 3 8 EXIIIBIT 11 October 21,1981 North Star Estates P.O.Sox 2336 No. St. Paul , Mn. 55109 Ruth Sr eding 119 Sig Circle Drive St. Paul, Mn. 55117 RE: Second Entrance Dear Ruth Breeding: We are required by the City of Little Canada to put in a second entrance at North Star Estates. The right of way will be where your home is now located. This letter will serve as a notice that if and when a home is moved out of North Star Estates, we will relocate your home to the empty lot at our expense and by a bonded mover. S,in erely, i rrancis Husnik cc: Clayton Parks,Jr. City Attorney for Little Canada 100% PETITION FOR IMPROVEMENTS We, the undersigned, being the owners of all of the real property abutting upon the following streets between the points indicated, to wit: hereby petition and request that the City Council of the City of Little Canada, Minnesota, construct Ditch Improvement - Ditch -16- along the above described streets between the points indicated, and further petition and request that the said Council assess the entire cost of said improvements against our property abutting said improvement, based on benefits received, without regard to cash valuation. We further waive any right to a public hearing on said improvements held in accordance with Minnesota Statutes, Section 429 -031. 4. 5. 6. 7. S. 9. 10. Address Date LEGAL DESCRIPTION OF TOTAL AFFECTED AREA: Examined, checked, and found to be in proper form and to be signed by the only owners of property affected by the making of the improvements petitioned for. Dated this !/ day of fl y- 198(c1 (SEAL) erk r ty of Little Canada l 0 RESOLUTION NO. AUTHORIZING THE JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM WHEREAS, the City of (hereinafter "City ") has granted a cable communications franchise ordinance to Group W Cable of the North Suburbs, Inc., a subsidiary of Westinghouse Broadcasting and Cable, Inc.; I Tar • , on November 12, 1982, City was issued a Regular Certificate of Confirmation by the Minnesota Cable Communications Board relative to the Group W Cable franchise; WEIEREAS, City believes it to be in its best interest and the most efficient utilization of resources for City to participate in a Joint and Cooperative Agreement for the Administration of the Cable Communications System; and WHEREAS, said joint and cooperative effort is authorized by Minn. Stat. §471.59, as amended; THEREFORE, BE IT RESOLVED, that Ute City Council of the City of shall participate in the North Suburban Cable Commission for the administration of the a cable communications system, BE IT FURTHER RESOLVED, that the appropriate officers of City shall execute the final Joint and Cooperative Agreement of the North Suburban Cable u Ll Commission and file it appropriately with the manager of the City of Roseville, Minnesota; FURTHER, City authorizes its proportional share of the assets of the dissolved North Suburban Cable Communications Commission as City's initial contribution to the North Suburban flhle Commission; FURTHER, that City's director shall be , residing at , whose phone number is ; and FURTHER, the City's alternate shall be residing at , whose phone number is The above listed resolution was moved by Council member , and duly seconded by Council member ATTEST: The following Council members voted in the affirmative: The following Council members voted in the negative: The above resolution was duly adopted , 19 . 4 r) FINAL NORTH SUBURBAN CABLE COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM I. PARTIES The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. II. GENERAL PURPOSE The general purpose of this agreement is to establish an organization to monitor the operation and activities of cable communications, and in par- ticular, the Cable Communication System (System) of the parties; to provide coordination of administration and enforcement of the franchises of parties for their respective System; to promote the development of locally produced cable television programming; and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable rates and service levels for the citizens of the members of the organization. III. NAME The name of the organization is the North Suburban Cable Commission (NSCC). IV. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this Article shall have the meanings given them. Section 2. "Commission" means the Board of Directors created pursuant to this agreement. Section 3. "Council" means the governing body of a member. Section 4. " Franchise" means that cable communications franchise granted by all cities listed in Article V, Section 1. 43 Section 5. "Grantee" means the person or entity to wham a franchise has been granted by a member. Section 6. "Member" means a municipality which enters into this agreement. V. MEFSERSHIP Section 1. The muncipalities of Arden Hills, Falcon Heights, Little Canada, Lauderdale, Moundsview, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview are eligible to be the original members of the Commission. Any municipality geographically contiguous to any of these named municipalities, and served by a cable communications system through the same Grantee, may became a member pursuant to the terms of this agreement. Section 2. Any municipality desiring to became a member shall exe- cute a copy of this agreement and conform to all requirements herein. Section 3. The initial members shall be those members who become mem- bers within ninety (90) days of the issuance by the Minnesota Cable Communications Board (MCCB) of a Certificate of Confirmation for a Cable ctin- munications system serving the cities named in this article. Should the MCB cease to exist or cease issuance of certificates of confirmation the deadline for initial membership shall be ninety (90) days following the effective date of the franchise. Section 4. Municipalities desiring to became members after the date specified in Article V, Section 3 may be admitted by an affirmative vote of two - thirds (2/3) of the votes of the members of the Commission. The Commission may by resolution impose conditions upon the admission of additional members. VI. DIRECTORS; VOTING Section 1. Each member shall be entitled to one (1) director to represent it on the Commission. Each director is entitled to one vote for each 5,000 of population or fraction thereof of that municipality represented by the 44 director; provided, however, that each director shall have at least one vote. For the purposes of this section, population of a governmental unit shall be that population determined pursuant to the provisions of Minnesota Statutes Section 275.53. Prior to December 31 of each year, the Secretary of the Commission shall determine the population of each member in accordance with this section and certify the results to the Chairman. Three years after the incep- tion of the Commission, or after the second annual report of the number of subscribers to the cable system, whichever is sooner, the voting structure of the Commission may be reconstituted to represent one vote per director based upon the number of subscribers or a fraction thereof of the municipality repre- sented by the director, said number to be determined by amendment to this agreement; provided, however, that each director shall have at least one vote. Section 2. A director shall be appointed by resolution of the Council of each member. A director shall serve until a successor is appointed and qualifies. Directors shall serve without compensation from the Commission. Section 3. Each member shall appoint at least one alternate director. The Commission, in its By -laws, may prescribe the extent of an alternate's powers and duties. Section 4. A vacancy in the office of director will exist for any of the reasons set forth in Minnesota Statutes Section 351.02, or upon a revocation of a director's appointment duly filed by a member with the Commission. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the council of the member whose position on the Board is vacant. Section 5. There shall be no voting by proxy, but all votes must be cast by the director or the duly authorized alternate at a Commission meeting. Section 6. The presence of five directors representing a majority of the total authorized votes of all directors shall constitute a quorum, but a smaller number may adjourn from time to time. Section 7. A director shall not be eligible to vote on behalf of the director's municipality during the time said municipality is in default on any contribution or payment to the Commission. During the existence of such default, the vote or votes of such member shall not be counted for the purposes of this agreement. Section 8. All official actions of the Commission must receive two - thirds (2/3) of all authorized votes cast on that issue at a duly constituted meting of the Commission and the affirmative vote of five directors. VII. EFFECTIVE DATE; MEETINGS; ELECTION OF OFFICERS Section 1. A municipality may enter into this agreement by resolution of its council and the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the municipality shall file a duly executed copy of this agreement, together with a certified copy of the authorizing resolution, with the City Manager of the City of Roseville, Minnesota. The resolution authorizing the execution of the agreement shall also designate the director and the alternate for the municipa- lity cn the Commission, along with said director's and alternate's address and phone number. Section 2. This agreement is effective on the date when executed agreements and .. uthorizing resolutions of five of the municipalities named in Article V, Section 1 have been filed as provided in this Article. Section 3. Within thirty (30) days after the effective date of this agreement, the Mayor of the members having the largest population shall call the first meeting of the Commission which shall be held no later than fifteen (15) days after such call. Section 4. The first meeting of the Commission shall be its organiza- tional meting. Section 5. At the organizational meeting, or as soon thereafter as it E; may reasonably be done, the Commission shall select from among the directors a Chair, Vice - Chair, Secretary and Treasurer, adopt By -Laws governing its procedures including the time, place, notice for and frequency of its regu- lar meetings, adopt a procedure for calling special meetings, and such other matters as are required by this agreement. Section 6. Officers of the Commission shall be elected annually for one year terms. Officers shall be limited to two consecutive terms in a given office. VIII. POWERS AND DUTIES OF THE COMMISSION Section 1. The powers and duties of the Commission shall include the powers set forth in this Article. Section 2. The Commission may make such contracts, grants, and take such other action as it deems necessary and appropriate to accomplish the general purposes of the organization. The Commission may not contract for the purchase of real estate without the prior authorization of the member muni- cipalities. Any purchases or contracts made shall conform to the requirements applicable to Minnesota statutory cities. Section 3. The Commission shall assume all authority and undertake all tasks necessary to coordinate, administer, and enforce the Franchise of each member except for that authority and those tasks specifically retained by a member. Section 4. The Commission shall continually review the operation and performance of the cable communications system of the members and prepare annual reports as required by the Minnesota Cable Communications Board and the FCC. Section 5. The Commission shall undertake all procedures necessary to maintain uniform rates and to handle applications for changes in rates for the services provided by the Grantee. Section 6. The Commission may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. It may employ such other persons as it deems necessary to accomplish its powers and duties. Such employees may be on a full -time, part -time or consulting basis, as the Commission determines, and the Commission may make any required employer contri- butions which local governmental units are authorized or required to make by law. Section 7. The Commission may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of State and Federal regulatory, legistlative or admi- nistrative bodies, on any matter related to or affecting cable communication rates, franchises, or levels of service. Section 8. The Commission may obtain from Grantee and from any other source, such information relating to rates, costs and service levels as any member is entitled to obtain from Grantee or others. Section 9. The Commission may accept gifts, apply for and use grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. Section 10. The Commission shal' make an annual, independent audit of the books of the Commission to be made and shall make an annual financial accounting and report in writing to the members. Its books and records shall be available for examination by the members at all reasonable times. Section 11. The Commission may delegate authority to its executive committee. Such delegation of authority shall be by resolution of the Commission and may be conditioned in such a manner as the Commission may deter- mine. Section 12. The Commission shall adopt By -Laws which may be amended from time to time. Section 13. The Commission may exercise any other power necessary and incidental to the implementation of its powers and duties. IX. OFFICERS Section 1. The officers of the Commission shall consist of a chair a vice - chair, a secretary and a treasurer. Section 2. A vacancy in the office of chair, vice - chair, secretary or treasurer shall occur for any of the reasons for which a vacancy in the office of a director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion of the term. Section 3. The four officers shall all be members of the executive committee. Section 4. The chair shall preside at all meetings of the Commission and the executive committee. The vice -chair shall act as chair in the absence of the chair. Section 5. The secretary shall be responsible for keeping a record of all of the proceedings of the Commission and executive committee. Section 6. The treasurer shall be responsible for custody of all funds, for the keeping of all financial records of the Commission and for such other matters as shall be delegated by the Commission. The Commission may require that the treasurer post a fidelity bond or other insurance against loss of Commission funds in an amount approved by the Commission, at the expense of the Commission. Said fidelity bond or other insurance may cover all persons authorized to handle funds of the Commission. Section 7. The Commission may appoint such other officers as it deems necessary. All such officers shall be appointed from the membership of the Commission. X. FINANCIAL MATERS Section 1. The fiscal year of the Commission shall be the calendar 19 year. Section 2. Commission funds may be expended by the Commission in accordance with the procedures established by law for the expenditure of funds by Minnesota Statutory Cities. Orders, checks and drafts must be signed by any two of the officers. Other legal instruments shall be executed with authority of the Commission, by the chair and treasurer. Contracts shall be let and purchases made in accordance with the procedures established by law for Minnesota Statutory Cities. Section 3. The financial contributions of the members in support of the Commission shall be in the same proportion as the members' votes on the Commission in accordance with the annual budget of the Commission. The annual budget shall establish the contribution of each member for the ensuing year and a timetable for the payment of said contribution. At such time as the first annual franchise fee is paid to the member cities, the Commission may reevaluate the proportion of the contributions to the Commission. The remainder of any franchise fee paid to the member by Grantee shall be used for cable- related expenses. Prior to the collection of franchise fees adequate to cover expenses, the Grantee, as a prepayment of the initial franchise fee shall reimburse mem- bers and the Commission for all cable- related expenditures. Section 4. A proposed budget for ti" ensuing calendar year shall be formulated by the Commission and submitted to the members on or before August 1. Such budget shall be deemed approved by a member unless, prior to October 15 preceding the effective date of the proposed budget, the member gives notice in writing to the Commission that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before November 1 of each year. Section 5. Any member may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in `5[) accordance with normal and accepted accounting procedures and principles used by Minnesota Statutory Cities. XI. DURATION Section 1. The Commission shall continue for an indefinite term unless the number of members shall became less than five. The Commission may also be terminated my mutual agreement of all of the members at any time. Section 2. In order to prevent obligation for its financial contribu- tion to the Commission for the ensuing year, a member shall withdraw from the Commission by filing a written notice with the secretary by October 15 of any year giving notice of withdrawal effective at the end of that calendar year; and membership shall continue until the effective date of the withdrawal. Prior to the effective date of withdrawal a notice of withdrawal may be rescinded at any time by a member. If a member withdraws before dissolution of the Commission, the member shall have no claim against the assets of the Commission. A member withdrawing after October 15 shall be obligated to pay its entire contribution for the ensuing year as outlined in the budget of the Commission for the ensuing year. Section 3. In the event of dissolution, the Commission shall deter- mine the measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the pro- visions of this agreement. Upon dissolution of the Commission all remaining assets of the Commission, after payment of obligations, shall be distributed among the then existing members in proportion to the most recent member by member breakdown of the franchise fee as reported by the Grantee. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs but for no other purpose. IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this 19 , WITNESSED BY: of By: day of Its By: Its Filed in the office of the Manager of the City of Roseville this day of , 19 . PREPARED BY: Thomas D. Creighton, for STERN, LEVINE, SCHWARTZ, LIESON & CREIGHTON, P.A. 5005 South Cedar Lake Road Minneapolis, MN 55416 Telephone: (612) 377 -8620 DATED: December 2, 1982 TOTAL ASPHALT CONSTRUCTION CO. 475 W. MINNEHAHA AVE. ST. PAUL, MINN. 55103 PHONE - 488-2585 December 13, 1982 City Clerk City of Little Canada 515 E. Little Canada Road St. Paul, Mc. 55117 RE: Project: Country Drive Street Construction SAP 200- 101-02 Since there is only a small amount of sodding remaining to complete this project, we would appreciate a reduction in the retainage to 2%. Thanks, TOTAL ASPHALT CONSTRUCTION CO. Joseph N. Borsch JNB:db cc: Ewald Biese Milner W. Carley & Assoc. 500 W. Highway 96 St. Pauly TNN. 55112 James J. Cecka 2441 Edgerton St. Little Canada, Minn. 55117 Dec. 3, 1982 Mr. Joseph Chlebeck City of Little Canada 515 Little Canada Road Little Canada, Minn. 55117 Dear Mr. Chlebeck: We previously submitted a Petition for Improvement for water main extension along County Road D for Lots 7 & 8 Auditor's Subdivision No. 43. At this time I also request the City Council to consider putting in the entire improvements for Sylvan Estates and placing bonds upon the lots. The top priority is the water extension but if the City so desires to put in all the improvements I would not object. I will do that portion either way. Please let me know when these items go before the Council. Thank you DEG i^" CM' Respectfully submitted, 6 James J./Cecka ,/ DEPARTMENT OF PROPERTY TAXATION COUNTY OF RAMSEY 126 -138 Court House St. Paul, Minnesota 55102 1.01.9 McKENNA Director December 9, 1982 ROGER VIK Assistant Director Re: 'Joseph G. Chlebeck, Clerk City of Little Canada 515 E. Little Canada Road St. Paul, MN 55117 'Dear Mr. Chlebeck: ( ( The above property is subject to the following improvements: 01 SAN SWR 02 SWR /WT73 -6 RMN 7a�7 By reason of a 03 conveWyaTnce of platting, this property has now been divided as follows: (1) and (2) (see attached) Please apportion the assessments according to the above descriptions and furnish this office with a certified copy of the resolution. A copy of the letter and division are being sent to the Clerk and the Engineer at the same time to speed up the turn- around time. We will accept the Engineer's figures as soon as they are ready. We will attach the resolution to the Engineer's copy of the reapportionment when the resolution from the Council reaches us. If you have any question`s, please call Public Services Section at 298 -4167. Division .t 057761 A) B) 0) DIVISION MANAGERS: Robert J. Ellis Property Valuation William M. Killeen Revenue C. Thomas O,rhoff Land Records 53- 55000 - 140 -06 53- 55000- 462 -06 53- 55000- 564 -06 (see attached) assessments for local CC: Don Carley BPB:RB:jeb Enclosures Very truly yours, WILLIAM M. KILLEEN Manager, Revenue Division By �•eP C ✓tee Beatrice P. Backer, Supvr. Public Services Section D.P.# 0032 Co. Auditor # 0425 D.P.# D.P.# 0082 Co. Auditor it 1409 D.P.# D.P.# 1435 co. Auditor It 1435 D.P.# D.P.# Co. Auditor # D.P.# )J Co. Auditor # Co. Auditor It Co. Auditor # Co. Auditor it