HomeMy WebLinkAbout07-28-1982 Council AgendaAGENDA
LITTLE CANADA CITY COUNCIL
MEETING
- 7 -28 -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
3. APPROVAL OF MINUTES:
Meeting July -14 -82
Corrections.
Motion to approve minutes: motion by 2nd by Ayes Nays
Page -1-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
-7-28-82
CONTINUED
PUBLIC HEARINGS:
4. Amended Riley Gervais Lake 2nd Add.
Preliminary Plat.
Appear Ray Kroiss,
HEARING SCHEDULED FOR
SEE CORRESPONDENCE
7 :30
Page -1- Notice of Hearing.
Page -2- Mailing List.
Page -2- Proposed Plat.
Tape no.
to
Ramsey County is requesting that we acquire an additional 10ft of R /0 /W
on Edgerton.
Comments.
Objectors:
Motion to close hearing. Motion by
Motion to Approve
Motion by
Deny Table
2nd by
2nd by
Other;
Ayes
Page -2-
Ayes Mays.
Nayes.
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
- 7 -28 -82
CONTINUED
IDEMS BY PERSONAL REPRESENTATION.
5. Metropolitan Inspection Service Inc. Tape no. to
Appearing: Gunnar Pettersen.
Proposed increase for 1982 Electrical Permit Fees.
SEE CORRESPONDENCE: Page- 4- letter of intent.
.Pages- 5 - & -6- proposed permit fees.
NOTE: The fee schedule is for 1983 - &- 1984,
Motion to approve deny table other
Motion by 2nd by Ayes nays
6. R - &- S Road Proposal
Appearing Herb Dohr and David Sandburg.
Tape no. to
SEE CORRESPONDENCE: Page -7- Engineer's letter dated 7 -14 -82
Page -8- Planner's report dated 5 -17 -82
Page -9- Copy of Council min. 4 -11 -81
Page -10- Area Map.
Page -11- Site Map.
Page -12- Planner's Road plan -1-
Page-13- Planner's Road plan -2-
Page-14- Planner's Road plan -3-
Page-15- Planner's Road plan -4-
Page-16- Copy of the easment recording.
Matter table - 7 -14 -82 (Res. No. 82 -7 -347.
Motion to bring to table: motion by 2nd by Ayes Nays.
Comments:
Motion to :
Motion by 2nd by Ayes Nays
Page -3-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
- 7 -28 -82
CONTINUED
IDEMS BY PERSONAL REPRESENTATION.
7. Mr. Husnik (North Star Moble Home Park) Tape no. to
Emergency exits
See correspondence page -17 ( attorney's letter - 7 -8 -82)
Actions:
Motion by 2nd by Ayes Nayes
8. Neamy property Division Tape no. to
See correspondence page -18-
Appearing: Scott Neamy.
( This matter was given a concept approval in 1979) See min. 12 -12 -79 Res. 79 -12 -549.)
The plan submitted is pursuant to res. no. 79 -12 -549 as designed by the engnieer.
Motion to: approve
Motion by
2nd by
table
Deny other ( Neamy Property Div.)
Ayes Nayes.
9. Schoonover Towing Service. Tape no.
to
SEE CORRESPONDENCE PAGE -19-
Appearing Richard (Dick) Schoonover.
( Capt. Spencer will also be present to comment on this proposal)
Actions
Motion to:
Motion by 2nd by Ayes Nayes
Page -4-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
7 -28 -82
CONTINUED
IDEMS BY PERSONAL REPRESENTATION.
10. Bruce Hubbard ( A /K /A Tx -Sota Construction)
Minnesota Mini Storage.
Tape no, to
Land Conveyance Matter tabled- 7 -14 -82 (Res. No. 82 -7 -350 -)
Motion to bring to table: motion by 2nd by
Ayes Nays
SEE CORRESPONDENCE: Pages -20- thru -21- Letter from Kathleen Roer ( Attorney for Hubbard)
concerning development.
Page- 22- Letter from Kathleen Roer (concerning ponding)
Page - 23- Letter of document transmittal from Sweeney
Pages- 24- thru -34- Contract for Deed ( note purchase price page -24 -)
Pages -25- thru -38 Letter from Kathleen Roer title examination,
Pages -39- thru -45 Purchase agreement
Page- 46- thru -48 Description for City and reconveyance
COMMENTS FROM ATTORNEY AND OTHER COMMENTS•
ACT IONS:
Motion by 2nd by Ayes Nays
11. Bruce Hubbard Tape no. to
Industrial Revene Bonds:
Motion to call for Hearing on Industrial Bonds
Hearing to be set for Aug. 25- 7:30
Motion by 2nd by Ayes Nays
Page -4-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
- 7 -28 -82
CONTINUED
COUNCIL LEGISLATIVE MATTERS
ATTORNEY:
Tape no. to
12. Park Charge Ordinance.
SEE CORRESPONDENCE : page- 49- Letter from Attorney.
Pages -50- thru -52- PROPOSED ORDINANCE ID. 191
Mr(s)
Mr(s)
Ayes
introduced ordinance no. 191 and moved its adoption.
2nd the adoption of ordinance no. 191.
Nays
13. Sale of City property:
Report from attorney see correspondence pages- 53 thru 54
14. Attorney other.
Tape no. to
ENGINEER
15. ASSESSMENT REAPPORTIONMENT Tape no. to
Tabled last meeting ( tabled not by resolution)
Div. No. 057444.
Motion to approve the following assessment reapportionment.
Motion by 2nd by Ayes Nays ( abstaining )
Division NO. D/P no. AUD No. See correspondence page -55-
057444 0032 0425
057444 0068 1205
05744 00700 1229
Page -5-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
- 7 -28 -82
CONTINUED
COUNCIL LEGISLATIVE MATTERS
ENGINEER
Tape no, to
15 ( Assessment reapportionment cont.)
DIV. NO. D/P NO, AUD. NO. CORRESPONDENCE
057498 0032 0425 see correspondence page -56
057498 1814 1814 n 9
057400
057400
0033 0716
1722 1722
057387 0070 1229
057387 0073 1303
057430 0032 0425
057430 0074 1304
see correspondence page -57
see correspondence page -58
n n
see correspondence page -59
n n
057436 1814 1814 see correspondence page -60
MOTION BY 2nd by _
APPROVE THE ABOVE ASSESSMENT REAPPORTIONMENTS.
Ayes Nayes
16. IMPROVEMENTS COMBINED
Engineer to explain.
Tape no. to
17. Hammond & Watershed Dist.
SEE CORRESPONDENCE PAGES -61 thru- 66
Actions if any.
Tape no. to
18. Engineer other.
Page -6-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
-7 -28- 82
CONTINUED
COUNCIL LEGISLATIVE MATTERS
PUBLIC SAFETY
MR. HANSON.
19. Game Room License for Market Place.
Applicant Richard Strimling
Location Market Place.
Tape no. to
Motion to approve license: motion by 2nd by ayes nays
20. Ramsey County Sheriff Tape No.
Explaination of the County sting.
Appearing Charles Zacharias
21. Ramsey County Landfill proposals Tape no. to
Meeting set for July 26 -10 :oo A.M.
see correspondence pages- 67 to 73
22 Canadian Days :
Motion to approve the following licenses and permits
Motion by 2nd by ayes nays
Fire works permit ( see correspondence page -74-
Parade permit
Dance permit
Beer License for Lions and
and any other permit that is necessary.
Tape no.
23. Mayor other.
Page -7-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
-7-28-82
CONTINUED
COUNCIL LEGISLATIVE MATTERS
BUILDING AND
ZONING
MRS NARDINI,
24. Report from Bldg. Insp. on Hoggsbreath Parking lot
see correspondence page-75
Tape no.
25. Report on Brady's occupant load from bldg. inspector
see correspondence page-76
26. other.
UTILITIES
MR. FORSBERG.
27. Emergency service program.
Shoreview billing for systems
see correspondence pages- 86 thru-88-
NOTE: I have informed Shoreview until we hear the siren we will not pay.
next test is Aug.4th
28. other.
PARKS & RECREATION
MRS SCALZE.
29 reports if any.
Page-8-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
- 7 -28 -82
CONTINUED
COUNCIL LEGISLATIVE MATTERS
ADMINISTRATION
MR. FAHEY
30. Conveyance of tax forfeited property
Letter of intend see correspondence
PARCEL- 53- 00600 - 010 -87
Parcel is park of Savage Lake
Motion to authorize the sale
Motion to acquire property
Motion by 2nd by
page -77-
see correspondence page -78 -)
See correspondence page -79- map)
ayes Nayes
PARCEL 53- 54200 - 280 -00 ( see correspondence page -80 -)
Parcel is a former " Cart Trail " ( see correspondence page -81 -map)
note the city also has tract - "B" the parcel can be used for alley
Motion to authorize the sale of the parcel
Motion to acquire the property
Motion byA� _ 2nd by ayes Nayes
PARCEL 53- 54200 - 330 -00 ( see correspondence page -82)
Parcel has san. swr. line next to it or on it. ( see correspondence page -83 -map)
Motion to authorize the sale
Motion to acquire the parcel
Motion by 2nd by Ayes Nayes
PARCEL 53- 54200- 340 -00 ( see correspondence page -84)
Parcel next to ditch -16 -and North Star "Tailor park ( see correspondence page -85 map)
Motion to authorize sale
Motion to acquire property
Motion by 2nd by Ayes Nayes
31 Other.
32. Motion to approve vouchers Motion by 2nd by
33 Motion to adjourn: motion • by 2nd by
Time adjourned
Page -9-
ayes Nays
ayes Nays
CORRESPONDENCE TO AGENDA
LITTLE CANADA CITY COUNCIL
MEETING
- 7 -28 -82
PAGE CONTENTS
- 1- thru- 3- Amended Plat Riley's Gervais Lake Add. ( Ray Kroiss)
- 4- thru- 6- Proposed Electrical Permit Increase for Jan -83.
- 7- thru -16- R. & S Road proposal. and Bldg location.
-17- Letter to P4r. Husnik
-18- Neamy property division.
-19- thru -48- Documents pertaining to Minnesota Mini Storage.
-49- thru -52- Amended Park Charge.
-53- thru -54- Letter from attorney pertaining to City Properties.
-55- thru -60- ASSESSMENT reapportionments.
-61- thru -66- Letter from the Watershed Dist. pertaining; to Hammonds.
-67- thru -73 Ramsey County Solid Waste Proposal.
-74- Firework Permit application ( Canadian Days.)
-75- Letter from Bldg. Inspector pertaining to Hoggsbreath
Parking lot.
-76- Letter from Bldg. Inspector pertaining to Brady's
occupant load.
-77- thru -85 Conveyance of Tax forfeited.
-86- thru -88- Statement from Shorwview on Sirens.
Office of:
JOSEPH G. CHLEBECK, Clerk
5 :5 Little Canada Road
Little Canada, Minn. 55117
484-2177
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
APPROVAL OF PRELIMINARY
PLAT AS AMENDED
RILEY'S GERVAIS LAKE 2ND
ADDITION
To Whom It May Concern:
MAYOR
Raymond Hanson
COUNCIL
Michael Fahey
Beverly Scelze
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 28th day of July, 1982, at 7:30 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:
Proposal: Approve amended preliminary plat of the
"Riley Gervais Lake Addition" which
consists of 4 lots zoned single family
residential.
Location: North East Corner of Co. Rd. B -2 and Edgerton.
Legal* The S. 356 ft. of Lot 2, Block 1, Riley's Gervais
Lake Addition, except that part lying Ely of a line
running N. 18° - 25' east from a point on the South
line of said lot 2, said point being 220 ft., east
from Southwest corner of said lot 2, subject to a
15 ft. drainage easement, the center. line of which
is described as follows: Beginning at a point on
the Center line of Edgerton distant 980 ft. north
of the center line of Trunk Highway 36, thence
running NELY at an angle of 66 ° -24', with said
center line of Edgerton to the lake.
Applicant: Raymond Kroiss
All persons desiring to be heard with reference to this matter will be
heard during this hearing.
A copy of the proposed amended preliminary plat is attached.
Joseph G. Chlebeck
Clerk
1.
KROISS HEARING
July 28, 1982
Counnty of Ramsey
Land Records Division
Court House
St. Paul, MN 55102
Gordon Forbes
601 Co. Rd. B2 E.
St. Paul, MN 55117
Irma J. Wirtz
97 George St. E
St. Paul, MN 55107
Frederick W. & Bette B. Smith
633 Co. Rd. B2 E
St. Paul, MN 55117
Eugene A. & Joyce B.
Vancuilder
606 Co. Rd. B2 E
St. Paul, MN 55117
Dolores W. Brodie
600 Co. Rd. B2 E
St. Paul, MN 55117
Leo E. & Marcella M. Anthone
594 Co. Rd. B2
St. Paul, MN 55117
Eugene R. & Teresa LaVaque
588 Co. Rd. B2 E.
St. Paul, MN 55117
John T. & Amy Lackner
580 E. Co. Rd. B2
St. Paul, MN 55117
Corporation of the President
Bishop of the Church of Jesus
Christ of Latter -Day Saints
336 3rd St. SE
Clifford M. & Violet V.
Hill
2359 Edgerton
St. Paul, MN 55117
Donald J. & Marie S. Lackner
2373 Edgerton
St. Paul, MN 55117
Victor J. & Lorraine B.
Ziolkowski
2381 Edgerton
St. Paul, MN 55117
William P & Mary E. Davis
2395 Edgerton
St. Paul, MN 55117
Robert M. & Lenora A. Tuerk
10152 Butternut St. NW
Minneapolis, MN 55433
2,
z
0
F
COUNTY
220
ROAD B2.
r occ 1
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L.. - 25,4t�
-
METROPOLITAN INSPECTION SERVICE INC.
2490 WOODBRIDGE STREET
ROSEVILLE, MINNESOTA 55113
(612) 484-5633
July 14, 1982
Mr. Joseph Chlebeck
Clerk: City Of Little Canada
515 Little Canada Road
Little Canada, Mn 55117
wt 15 1982
CITY OF
LITTLE
CANADA
Dear Mr. Chlebeck,
Due to an ever increasing cost of providing electrical
inspection, I am hereby requesting that the fees for
electrical permits be increased to that of the enclosed
fee schedule. My last request for a fee increase was two
years ago.
We provide electrical inspection for the following municipalities.
Arden Hills
Gem Lake
Little Canada
Maplewood
North Oaks
North St. Paul
Roseville
Shoreview
Town Of White Bear
White Bear Lake
This same request is being made in all of the above men-
tioned municipalities. I would like to have the new fees
go into effect on January 1,1983. It is my intention to
have these rates in effect until January 1,1985.
Sincerely,
L
Gunnar Pettersen
Pettersen
Electrical Inspector
GP /cm
4.
PROPOSED FEE SCHEDULE FOR ELECTRICAL PERMITS
(a) Minimum fee for each separate inspection of an install-
ation, replacement, alteration or repair limited to one inspect-
ion only $M.96 $10.00
(b) Services, changes of service, temporary services,
additions, alterations, or repairs on either primary or secondary
services shall be computed separately:
0 to 100 ampere Capacity.... $13.69 1 00
101 to and including 200 ampere capacity .... $161-69 1 .00
For each additional 100 ampere capacity or fraction
thereof $7.99 $ 8.00
(c) Circuit, installations of, additions, alterations or
repairs of each circuit or sub - feeder shall be computed separately,
including circuits fed from sub - feeders and including the equip-
ment served, except as provided for in items (d) thruogh ( (k):
0 to and including 30 ampere capacity ............. $3.25 $ 4.00
(maximum number of 0 to 30 ampere circuits to be paid on
is 30 to any one cabinet)
31 to and including 100 ampere capacity 5.99 6.00
For each additional 100 ampere capacity or fraction thereof
(d) Maximum fee on a single family dwelling shall not
exceed $59.96 $60.00 if not over 200 ampere capacity. This
includes service, feeders, circuits, fixtures and equipment.
The maximum fee provides for not more than two rough -in inspect-
ions and the final inspection per dwelling: Additional inspect-
ions at the re- inspection rate.
(e) Maximum fee on an apartment building shall not exceed
$25.09 0.00 per dwelling unit for the first 20 units and
$20.69 25.00 per dwelling unit for the balance of the units.
A two -unit dwelling,(duplex) maximum fee per unit as per sing-
le family dwelling.
(f) The maximum number of 0 to 30 ampere circuits to be
paid on any one Athletic Field lighting standard is ten.
(g) In addition to the above fees
(1) A charge of $1.00 will be made for each street lighting
standard.
(2) A charge of $2.00 will be made for each traffic signal
standard. Circuits originating within the standard will not be
used when computing fees.
(h) In addition to the above fees, all transformers and
generators for light, heat and power shall be computed separately
at $4.99 $5.00 per unit plus 290 25.0 per KVA up to and including
100 KVA. 101 KVA and over at 150 20¢ per KVA. The maximum fee for
any transformer or generator in this category is $49.60 $50.00.
a
e
(i) In addition to the above fees, all transformers for signs
and outline lighting shall be computed at $3.88 $4.00 for the
first 500 VA or fraction thereof per unit, plus 380 40¢ for each
additional 100 VA or fraction tereof.
(j) In addition to the above fees (unless included in the
maximum fee filed by the initial installers) remote controll,
signal circuits and circuits of less than 50 volts shall be
computed at 53.00 per each ten openings or devices of each
system plus 51.00 for each additional ten or fraction thereof.
(k) In addition to the above fees, the inspection fee for
each separate inspection of a swimming pool shall be computed
at $15.00,Reinforcing steel for swimming pools requires a rough -in
inspection.
(1) 414 For the review of plans and inspecifications of proposed
installations, there shall be a minimum fee of $100.00 up to and
including $30,000 of electrical estimate, plus 1/10 of 1% on any
amount in excess of $30,000 to be paid by persons or firms request-
ing the review.
(m) 414 When re- inspection is necessary to determine whether unsafe
conditions have been corrected and such conditions are not subject
of an appeal pending before any court, a re- inspection fee of subject
$10.00 may be assessed in writing by the inspector.
(n) 4x4 For inspections not covered herein, or for requested
special inspections or services, the fee shall be $141.88 $17.00
per man hour, including travel time, plus 16$ 20¢ per mile traveled,
plus the reasonable cost of equipment or material consumed.
This section is also applicable to inspection of emty conduits
and such jobs as determined by the city.
(0) 4i3 For inspection of transient projects including but not
limited to carnivals and circuses the inspection fees shall be
computed as follows:
Power supply units according to item (b) of the fee schedule. A
like fee will be required on power supply units at each engagement
during the season, except that a fee of $14ree $17.00 per hour will
be charged for additional time spent by the inspector, if the power
supply is not ready for inspectionas required by law.
Rides, Devices or Concessions: Shall be inspected at their first
appearance of the season and the inspection fee shall be $gr88 $10.00
per unit.
r>
City Council
City of Little Canada
515 E. Little Canada Rd.
St. Paul, MN 55117
RE: R & S Development
Dear Council Members:
500 West Highway 96
St. Paul. Minnesota 55112
4843301
400 E. St. Germain St.
St. Cloud. Minnesota 56301
2517751
We have reviewed the proposal of Mr. Herb Dorr to construct
a building at the end of Woodlyn Ave.
This same or similar proposal was reviewed about a year ago.
The main issues revolve around sewer and street.
314 Oak Street
Sauk Centre, Minnesota 56378
3523664
July 14, 1982
The street problem was resolved by the dedication of a 40
foot private easement along the Waterworks right -of -way.
This plan was considered more feasible than a street between
the two existing buildings which front on Woodlyn. It would
also involve several other owners who would probably not want
to participate.
The street along the Waterworks right -of -way could be extended
north from Owasso Blvd. in the future.
This would also be the most feasible location for the sewer to
serve the area. There are three possible alternates to the
sewer problem:
1. A gravity sewer extended from Owasso Blvd. which could
serve all the property not now served.
2. A pump station and force main on Woodlyn flowing west
to the Soo Line trunk sewer.
3. On -site sewer on a temporary basis.
Yours truly,
MILttER W. �
nn a�4 n rRrinv P F
CIATES, INC.
l.!.,
NORTHWEST ASSOCIATED CONSULTANTS INC.
17 May 1982
Mr. Herb Dorr, President
OH HE Association
2368 Erin Court
New Brighton, Minnesota 55112
RE: R &S Automotive - Proposed Auto Salvage Yard
Dear Mr. Dorr:
This is to document our previous discussions regarding your inquiry about
a proposed auto salvage yard in Little Canada. The parcel to the south and
east of R &S Automotive is zoned I -1, Light Industrial. The I -1 District allows
auto wrecking, junk yards, etc., but only by conditional use permit. You
have been given the appropriate sections of the Zoning Ordinance pertaining
to required information, procedure and performance standards.
It seems that the question of access to the site presents some confusion.
R &S Automotive has received past approval to access the site via a driveway
located between R &S and Empire Bucket. I believe this approval was given
based on a request for an accessory storage building for use by R &S Automotive.
Due to the nature of the proposed operation, and since the auto salvage yard
is to be a separate business, or at least has the potential to exist as a
separate business, the Building Official, the City Clerk and our office have
suggested that a public street should provide access rather than a private
road. R &S has previously provided an easement along the east edge of their
property for future roadway purposes.
I am writing to inform you that the staff recommendation is strictly advisory.
The City Council makes the final determination as to what will be required
in terms of access. So as not to disuade you from pursuing your request, we
suggest you make arrangements to appear before the Council to discuss the
access issue.
If you have any questions regarding this matter or the conditional use permit
process, feel free to contact our office at 925 -9420.
Sincerely,
NORTHWEST ASSOC TEDD CONSULTANTS, INC.
Bradley J. ' lsen
Senior Planner
cc: Little Canada City Council
JoeChlebeck
Flom Sweeney
Don Carley i" 8
4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925 -9420
MINUTES
amity Council
April 22, 1981
The foregoing resolution was duly seconded by Mr. Hanson.
Ayes (5) Scalze, Hanson, Forsberg, Nardini, Fahey.
Noyes (0).
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Page 132.
Zilge & The Engineer reported that he has contacted propertyowners in the area
R & S of the Zilge property concerning providing road access through to
Property Woodlyn Avenue. A. C. Black has no objection to the proposal as
Division they have all their improvements in and would not be assessed for
additional road improvement. Mr. Donovan is not interested in the
improvement and stated that he would oppose it. Mr. Deeb does not
want an additional road. Mr. McGuff is also not interested in the
improvement. The Engineer reported that McGuff is storing equipment
on his property and the Engineer informed him that at such time as he
came in for a building permit, the City would probably require a road
easement from him.
Mrs. Scalze asked if Mr. McGuff could store equipment without a permit.
The City Clerk replied that under the new ordinance a permit is required.
Mr. Zilge reported that Mr. Deeb is not against an easement on his
property for emergency vehicles, but he does not want a road. Mr. Zilge
also stated that Preferred Sheetmetal, Field Economy, R & S and Empire
Bucket do not want a road. Mr. Zilge stated that R & S would just
like to build a storage shed. The shed would cause no additional
traffic in the area. The shed would be used to store parts and autos.
Mrs. Scalze informed Mr. Zilge that the City has no way to get access
into that area unless someone comes in for a building permit. Mrs.
Scalze stated that the City must provide for access for that property,
as in the next 20 years the property will change.
Mr. Fahey suggested that the Council require that a road easement be
dedicated along the water works property.
The Engineer stated that there were problems with some of the alternatives
the Planner proposed for road access, and suggested that the road
easement run along the water works property.
Bill Gervais asked the Council if anyone has contacted the water works re-
garding crossing the water works property to Ryan's development.
Mr. Forsberg suggested that the City Engineer look into this. The
Engineer stated that this alternative would be expensive as the
City would have to construct a bridge to go over pipes on the water
works property.
Mr. Forsberg introduced the following resolution and moved its adoption:
RESOLUTION NO. 81 -4 -199 - APPROVING THE ZILGE PROPERTY
DIVISION CONTINGENT UPON THE GRANTING TO THE CITY OF A
40 -FOOT ROAD EASEMENT ALONG THE WATER WORKS PROPERTY
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138 Court House St. Paul. Mlnne,ola
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TAX LIST
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ST PAUL MN 55117
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& IN tY■N INDUSTRIAL PARK
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18
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23
THOMAS M. SWEENEY
JAMES J. O'CONNOR
JOHN H. LeMAY
GEORGE F. BORER
SWEENEY, O'CONNOR & LeMAY
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
(612) 222-2541
July 8, 1982
Mr. Fran Husnik
1941 Todd Drive
New Brighton, Minnesota 55112
RE: Agreement Between North Star Estates
and City of Little Canada
Our File No. 4633
Dear Mr. Husnik:
SUITE 350
NORTHERN FEDERAL BUILDING
SIXTH AND WABASHA
ST. PAUL, MINNESOTA 55102
As you know, the City Council is extremely anxious
to resolve the above captioned matter. At the second
Council meeting of June, I was instructed to inform you
that unless there has been some meaningful progress made
by July 31, 1982, the Council will consider resolving
the problem by ordering a public improvement,and assessing
the cost thereof against the benefitted property. Would
you please inform the City of your intentions relative to
this matter.
TMS /peg
cc; veph G_ Chlebeck,
City Clerk
Yours very truly,
,SWEEiTEY, O'G,ONNOR & LEMAY
Thomas M. Swee ney
j 12 1932
CITY OF
LITTLE CANADA
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SCHOONOVER
AUTO REBUILD, INC.
1060 West County Road E. Saint Paul, MN 55112 483-6756
July 20, 1982
Little Canada City Council
and Ray Hanson, Mayor
City of Little Canada
515 E. Little Canada Road
Little Canada, Minnesota 55117
Dear Mr. Hanson and Members of the City Council,
We at Schoonover Towing Service have had the pleasure of towing
vehicles for the Ramsey County Sheriff's Department in Little
Canada for almost ten years.
Having the responsibility for the continued anployment of over
twenty -five people and also providing good, economical service
to the public in bad business periods sometimes brings about
some hard business decisions which have to be made for the good
of most everyone - Schoonover employees, the public and my
family.
As a result of one of these decisions, the layoff of an employee,
many Ramsey County deputies have seen fit to request the use of
other towing firms, without any consideration to the motoring
public nor the residents of Little Canada.
We request the opportunity to discuss the city's towing policies
at your next city council meeting on July 28, 1982.
If you have any questions, please do not hesitate to contact me.
Respectfully yours,
SCCHOONOVER AtilO`/� (REBUILD, INC.
Dick Schoonover
President
DS:plr
19
icap
Age"THE COLLISION PEOPL E
ROBERT I'. I: RSON
I FFFREY \E I.AMRIIRE
KATHLEEN M. RADER
PATRICIA YOI:DICKE
KAREN SANGER
Mr. Thomas M. Sweeney
Sweeney, O'Connor & LeMay
350 Northern Federal Building
St. Paul, Mn. 55102
LARSON 8 LAMBERT
ATCO RN EYS AT LAW
3Rf. YO I)'11l BROADWAY
WAYZATA, MINNESOTA 1i 5391
July 8, 1982
Re: City of Little Canada
Development of Mini - Storage Facility
Dear Mr. Sweeney:
TELEPHONE
(,12) 4/5 -343`i
imp
Jut 12 1982
CITY OF
LITTLE CANADA
Pursuant to our telephone conversation, enclosed please find copies of title
opinions prepared by our office for our client, Tex -Sota Construction, Inc., who
purchased the property described therein from Naegele, Inc., pursuant to a Contract for
Deed dated May 18, 1982, a copy of which is also enclosed. Also enclosed please find a
copy of paragraph 3 of the Purchase Agreement between the parties, referred to in
paragraph 15 of the Contract for Deed, which outlines the contemplated exchange of
properties and includes Naegele's agreement to cooperate therein. The Contract for
Deed has been recorded with the Ramsey County Recorder as Document No. 553631. A
Satisfaction of the Mortgage noted at paragraph 1 of each title opinion has also been
recorded, and I enclosed a copy thereof. Finally, I am enclosing a copy of the map
drawn by the State of Minnesota, Department of Transportation, showing the parcels
involved.
The City's participation in this aspect of the project would be as follows:
1. Our client has purchased from Naegele, Inc. all of the property shown on
the enclosed map, excluding the right of way of Trunk Highway No. 36, and excluding
the triangular shaded piece (Parcel 1) abutting Lot 24 to the north. The City must first
vacate Rosedale Avenue and Courtland Street (Jackson Street), so that title thereto
reverts to the abutting landowners.
2. Our client and Naegele, Inc. will then deed the ponding area, represented
by the shaded portion on the right -hand side of the map (Parcel 2) to the City of Little
Canada, in consideration for the City's ultimate conveyance of Parcel 1 to our client (or
Naegele, Inc., if the Contract for Deed is still outstanding).
3. The City will develop descriptions for the easements they wish to reserve
over the ponding area, which I understand to include a sewer easement, a utility
substation, and a single lane access leading from a private road to be constructed by our
client to the east of Parcel 2.
Mr. Thomas M. Sweeney
July 8, 1982
page two
4. The State of Minnesota will deed Parcel 1 to the City of Little Canada, and
the City of Little Canada will deed Parcel 2, subject to the easements, to the State of
Minnesota, each parcel serving as consideration for the other.
5. The City of Little Canada will then deed Parcel 1 to our client.
All conveyances must include the portions of vacated Rosedale Avenue and
Courtland Street abutting the conveyed property.
Our client has agreed to construct the single lane access running from the
private roadway to the utility substation in the northern portion of Parcel 2. Mr.
Hubbard proposes to accomplish this by salvaging the existing gravelled access and
using the salvaged gravel in construction of the private roadway and new access.
Please let us know if there are any problems with this proposal.
For your information, the triangular piece (Parcel 1) now owned by the State of
Minnesota was acquired by Warranty Deed dated August 9, 1934, and filed October 29,
1934, in Book 942 of Deeds, page 387.
I have forwarded by separate correspondence to George Gotwald at Milner W.
Carley and Associates the site plans, including the ponding area, and the maps and
descriptions forwarded to us from the State of Minnesota.
Once you have had a chance to review these documents, please get in touch with
me with any comments or questions you might have. We would be happy to draft an
agreement between our client and the City outlining their respective roles in accom-
plishing the above - described transfers.
KMR:tn
enc.
cc:---- Joseph Cleybeck
Tex -Sota Construction, Inc.
Very truly yours,
LARSON & LAMBERT
Kathleen M. Roer
V31
Jill 12 1982
CITY OF
LITTLE CANADA
ROBERT P. LARSON
IEFFREY W. LAMBERT
KATHLEEN M. ROER
PATRICIA YOEDICKE
KAREN SANGER
LARSON 8 LAMBERT
ATTORNEYS AT LAW
326 50UI'l 1 14toAl Act%)
WAYZATA, MINNESOTA 55391
July 8, 1982
Mr. George Gotwald
Milner W. Carley and Associates
500 W. Highway 96
St. Paul, Mn. 55112
Re: Ponding Project - City of Little Canada
Dear Mr. Gotwald:
TELEPHONE
1612) 475.3435
As you may recall, our office represents Bruce Hubbard of Tex -Sota
Construction, Inc., who has acquired property in Little Canada for development of a
mini - storage facility. Enclosed please find the plans for the storage facility and
ponding area, along with copies of a map and descriptions of the ponding area and
exchange parcel from the State of Minnesota. We have also forwarded a letter to the
City Attorney outlining the procedures necessary to accomplish this transfer. I
anticipate that he will be contacting you with respect to your providing descriptions of
the utility easements and access easement for the City over the ponding area.
Please contact me if you have any questions.
Very truly yours,
LARSON & LAMBERT
KMR:tn
enc.
cc: Thomas M. Sweeney
Tex -Sota Construction, Inc.
Kathleen M. Roer
THOMAS M. SWEENEY
JAMES J. O'CONNOR
JOHN H. LeMAY
GEORGE F. BORER
SWEENEY, O'CONNOR & LeMAY
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
(612) 2222541
July 16, 1982
Mr. Joseph G. Chlebeck
City Clerk
515 Little Canada Road
Little Canada, Minnesota 55117
RE: Mini - Storage Plan Unit Development
Our File No. 4720
Dear Joe:
SUITE 350
NORTHERN FEDERAL BUILDING
SIXTH AND WABASHA
ST. PAUL, MINNESOTA 55102
Please find enclosed copies of the material that was forwarded
to us with Ms. Roer's letter of July 8, 1982. As you discussed
with Tom Sweeney, we are in the process of determining what this
transaction entails as far as the City is concerned. i will con-
tact you relative to this matter.
JHL:peg
Enclosure
Yours very truly,
SWEENEY, O`CONNOR & LEMAY
f
John H. LeMay
23
CONTRACT FOR DEED
This Contract is made this
!�%�/. , 1982 by Naegele, Inc., a Minnesota corpora-
tion ('sei1er "), and Tex -Sota Construction, Inc., a Minnesota
corporation ( "Purchaser ").
Seller, in consideration of the covenants and agree-
ments of Purchaser, hereinafter contained, hereby sells and
agrees to convey to Purchaser by warranty deed, accompanied by an
abstract evidencing good title in Seller at the date hereof,
subject to the encumbrances described in Paragraph 1, below, upon
prompt and full performance by Purchaser of this Contract, the
tract of land Lying and being in the County of Ramsey, State of
Minnesota legally described on Exhibit A attached hereto and °made
-
a part hereof ( "Subject Property"). - -- -- ......
Purchaser, in consideration for the covenants and
agreements of Seller, hereby agrees to pay Seller as and for the
purchase price for the Subject Property, the sum of Two Hundred
Thirty Thousand and No /100 Dollars ($230,000.00) in the following
(a) Ten Thousand Dollars (S16,b00.00) " " "in cash 'as" ""
earnest money, receipt of which is hereby acknowledged.
(b) Two Hundred Twenty Thousand Dollars ($220,000.00)
Contract Balance, together with interest at 13.0435% per
annum, payable in installments of $2391.31 per month con-
stituting interest only, commencing thirty days after the
date of closing and on the corresponding day of each month
thereafter until one year from the date of closing, or at
the time of placement of permanent financing upon the
Subject Property, whichever occurs first, when the entire
balance of principal and interest shall be due and payable
in full.
/I/4
day of
(c) In the event Purchaser shall ever be in default in
the payment of any sums due hereunder or in default as
described in subparagraphs b and c of Paragraph 12 hereof
and Seller shall, following the mailing of notices provided
in Paragraph 12, commence a cancellation of this Contract,
the interest rate shall accrue on the principal and be
payable hereunder from and after the effective date of the
notice of such default at a rate equal to two percentage
points above the Prime Rate, as publicly announced by First
National Bank of St. Paul, Minnesota, without any maximum,
it being agreed by the parties that the Lower rate provided
in paragraph (b) above is a discounted rate resulting from
the representation and warranty of Purchaser that it will
promptly make all payments due hereunder.
(d) This Contract may be. prepaid in whole or in part
from time to time without penalty. Any prepayment shall be
applied first toward accrued interest and the remainder to
the first due principal.
This Contract is subject to the following terms,
covenants and conditions;
1. Encumbrances. The Property will be transferred
subject to the following encumbrances:
(a) Building, zoning and subdivision ordinances, and
State and Federal regulations, save and except as is herein-
after more specifically set forth.
24
(b) Real estate taxes and installments of special
assessments and interest payable in 1982 and thereafter.
(c) Utility and drainage easements which do not
interfere with present improvements.
(d) Restrictions of record.
(e) Reservation of minerals or mineral rights of the
State of Minnesota.
(f) A sign lease with Naegele Outdoor Advertising
Company of the Twin Cities, Inc. attached hereto as
Exhibit B.
2. Condition of the Property. Purchaser represents
that it has inspected the Property and is familiar with the
condition thereof and will accept the same "as is ". No repre-
sentations or warranties with. respect thereto have been made by
Seller or anyone on its behalf.
3. Real Estate Taxes and Assessments. Purchaser
shall promptly pay and discharge all real estate, personal
property taxes and other taxes, water rates, sewage charges,
special assessments and other governmental charges ( "Taxes ")
levied, imposed or assessed by any governmental authority or
other taxing bodies against the Subject Property or any part
thereof which are due and payable in 1982 and subsequent years,
said payments to be made on or before the last day before the
Taxes become delinquent. Upon failure of Purchaser to pay the
Taxes or any part thereof as required under the provisions of
this Paragraph 3, Seller shall have the right, but not the
obligation, to advance its own funds to pay the Taxes and Pur-
chaser shall repay the same, forthwith upon the Seller's written
demand. The Purchaser agrees that in no event shall it permit
the Subject Property, or any part thereof, to be sold or for-
feited for nonpayment of Taxes.
4. Liability Insurance and Indemnification.
(a) Purchaser shall procure and maintain for the
benefit of Purchaser and Seller public liability insurance
insuring Seller and Purchaser from all claims for injury to
or death of one or more persons in the aggregate amount of
not less than $1,000,000.00 and for damage to property in
the amount of not less than $500,000.00. Certificates of
such insurance shall be deposited with Seller at the com-
mencement of this Contract and at least 30 days prior to the
termination date of any policy. Each such policy shall
contain an undertaking by the insurer to give the Seller not
f) )
less than 30 days' written notice of any cancellation or
change in the scope or amount of coverage of such policy.
If Purchaser fails to comply with such requirement, Seller
may, at its option, obtain such insurance with its own funds
and Purchaser shall repay the same upon Seller's written
demand. Purchaser shall also obtain insurance coverage
satisfying the requirements of the Worker's Compensation Law
of the State of Minnesota.
(b) Purchaser will protect, indemnify, save harmless
and defend Seller from and against any and all liabilities,
claims, damages, penalty and expenses including, without
limitation, reasonable attorney's fees and expenses, imposed
upon or incurred by or asserted against Purchaser by reason
of (1) any accident, injury to or death of persons or loss
of or damage to the use of property occurring on or about
the Subject Property, (ii) any use, non -use or condition of
the Subject Property, or (11i) any work in connection with
alterations, repairs, changes, new construction or demoli-
tion of any part of the Subject Property, excepting any
liabilities, claims, damages, penalty and expenses arising
directly out of Seller's use and occupancy of the portion of
the Subject Property subject to the sign lease between the
parties hereto.
5. Maintenance and Repair. Purchaser shall at all
times maintain, preserve and keep the Subject Property and all
parts thereof in good condition. Purchaser shall not commit
waste of the Subject Property and will not do anything or permit
anything to be done that will impair the value of the Subject
Property. If Purchaser does not repair or maintain the Subject
Property in a manner consistent with the provisions of this
Paragraph 5, Seller may cause such maintenance to be accomplished
and may advance its own funds for such purpose and Purchaser
shall repay the same upon the Seller's written demand.
6. Encumbrances. Purchaser shall not mortgage,
pledge or otherwise encumber all or any part of the Subject
Property, except as otherwise provided herein, without the prior
written consent of Seller and agrees to refrain from encumbering
or affecting any Lien which adversely affects the right, title
and interest of Seller in and to the Subject Property. Subject
to the provisions of Paragraph 3, Seller shall have the right to
remove any encumbrance placed against the Subject Property or any
part thereof after the date hereof and Purchaser shall repay the
same upon Seller's written demand.
7. Improvements. Except as otherwise herein pro-
vided, Purchaser shall not erect any buildings, install any
26
equipment, change the existing grade, remove any trees, place any
fill, grade or pave any roadways, place any personal property of
any kind or make any other improvements or do any other work on
the Subject Property.
8. Mechanics' Liens. Purchaser shall pay when due
all sums that may become due for, or purporting to be due for,
any labor, services, material, supplies or equipment alleged to
be furnished to, in, upon or about the Subject Property and which
may be secured by any mechanic's, materialmen's or other lien
against the Subject Property and will cause each such lien to be
fully discharged and released at the time the performance of any
such obligation secured by any such lien matures or becomes due.
9. Compliance with Legal Requirements. Purchaser
shall comply with all laws, statutes, codes, ordinances, orders,
injunctions, rules, regulations, licenses, authorizations and all
development agreements of or with governments, departments,
commissions, boards, courts, authorities, agencies which now or
any time hereafter may be applicable to the Subject Property or
any part thereof.
10. Condemnation. In the case of a taking of all or
any part of the Subject Property, or any interest therein or
right accruing thereto, as the result of or in lieu or anticipa-
tion of the exercise of the right of condemnation or eminent
domain, the amount of any such award or payment to be made as a
result of such taking shall be received by or payable to Seller
and shall at Seller's election either be (i) applied to the
prepayment of the outstanding balance of this Contract, or (ii)
paid over to Purchaser for its use in the restoration or replace-
ment of the Subject Property so taken. It is agreed by Seller
and Purchaser that any such money that is not applied to the
prepayment of the outstanding balance of this Contract must be
used solely for the purposes of restoration or replacement of the
Subject Property; provided, however, that if this Contract is
paid in full, Purchaser can use the balance of any such award
from condemnation for any purpose.
11. Sums Advanced by Seller. Any monies advanced by
Seller pursuant to its rights to advance such sums to protect its
interest in the Subject Property pursuant to Paragraphs 3, 4, 5,
and shall become additional indebtedness due from Purchaser to
Seller and shall be payable immediately with interest at the
lower rate of one percentage point above the Prime Rate or the
highest rate allowed by applicable law.
12. Cancellation of Contract. If any one or more of
the following defaults ( "Event of Default ") shall occur:
(a) Purchaser shall fail to effect payment of any
amount of interest or principal due hereunder, or any part
thereof, in accordance with the provisions of this Contract;
or
(b) Purchaser shall fail to make payment of any Taxes
as required by this Contract; or
(c) Purchaser shall fail in its obligation to purchase
insurance or in its obligation to make payment of any
premiums on any policies of insurance as required by this
Contract;
and any such failure by the Purchaser as described above shall
continue for 10 days after written notice thereof to the Pur-
chaser by the Seller or
(d) Purchaser shall fail to observe or perform any of
the other covenants, obligations, terms, conditions or
provisions contained in this Contract required to be kept or
performed by Purchaser and such failure shall continue for a
period of 30 days after written notice thereof to Purchaser
by Seller; or
(e) Any judgment shall be recovered against the Pur-
chaser for any attachment or other court process that shall
come or create a Lien on any of the Subject Property, and
such judgment, attachment or court process shall not be
discharged or effectively secured or the execution thereon
stayed within 30 days from the date of entry thereof; or
(f) The Purchaser shall be judicially declared in
bankrupt or insolvent and such order or decree shall not be
set aside within 30 days after the entry thereof, or Pur-
chaser or any one of them shall file petitions for voluntary
bankruptcy or make a general assignment for the benefit of
bankruptcy creditors or shall admit in writing its or their
debts as they become due;
then and in any such Event of Default, at the option of Seller,
Seller may by written notice declare this Contract cancelled and
terminated and all rights, title and interest acquired under this
Contract by Purchaser shall thereupon cease and terminate, and
all improvements made upon the Subject Property and all payments
made under this Contract shall belong to Seller. Such notice
will be given by Seller in accordance with the applicable section
of the Minnesota Statutes. After service of notice and failure
to remove, within the period allowed by law, Purchaser hereby
specifically agrees, upon demand of Seller, quietly and peace-
fully to surrender the possession of the Subject Property, it
being understood that until such Event of Default Purchaser is to
have possession of the Subject Property. In the event of Pur-
chaser's default hereunder, Seller may also exercise any other
remedies available of law or in equity. Purchaser irrevocably
hereby appoints any partner in the law firm of Larson & Lambert
in Wayzata, Minnesota as its agent for receipt of any of the
notices herein provided or for any service of process in any
action to enforce this Contract or for receipt of notice of
cancellation of this Contract. Purchaser shall reimburse Seller
for attorneys' fees incurred in pursuing cancellation or enforce-
ment of this Contract, said payments to be a condition precedent
to any reinstatement of the Contract following notice of cancel-
lation. In addition to the attorneys' fees provided under
Minnesota Statutes, if any, Purchaser hereby agrees to pay to
Seller as additional attorneys' fees $500 for each time Seller
shall commence a cancellation proceeding hereunder which amount
shall be immediately due and payable and deemed a precondition of
any reinstatement of this Contract.
15. Notices. Any notice required hereunder shall be
given in writing to Seller or Purchaser at the following
addresses:
To Seller:
With a copy to
To Purchaser:
Naegele, Inc.
1700 W. 78th Street
Minneapolis, Minnesota 55423
Faegre & Benson
1300 Northwestern Bank Building
Minneapolis, Minnesota 55402
Attention: Peter R. Kitchak
Bruce Hubbard
Tex -Sota Construction, .Inc.
P.O. Box 186
Wayzata, Minnesota 55391
2 9
With a copy to: Tex -Sota Construction, Inc.
c/o Larson & Lambert
326 South Broadway
Wayzata, Minnesota 55391
Any notice shall be deemed effective an the date of actual
delivery to the addressee personally or one day after the date it
is deposited in the United States Mail, Certified or Registered,
postage pre -paid, to the address designated above, whichever is
earlier. Notice given in any other manner will be effective only
upon receipt by the party to whom the notice is addressed.
Either party may by notice hereunder change any address designa-
ted above for its notices.
14. Time of the Essence. It is specifically acknowl-
edged by the Purchaser that time is specifically made essence of
this Contract. No delay or omission of Seller to exercise any
right arising from any default by the Purchaser shall exhaust or
impair such right or prevent its exercise during the continuance
of such default. No remedy hereunder is intended to be exclusive
of any other remedy but each and every remedy shall be cumulative
in addition to any and every other remedy given hereunder or
otherwise existing at law or equity.
15. Interpretation. This Contract constitutes the
entire understanding between the parties, except as provided in
Paragraph 3 of the Purchase Agreement dated / / /,¢[/ 3 1982,
between the parties hereto. It may be modified only in a writing
signed by Seller and Purchaser. The paragraph headings are for
convenience only and shall not enter into the interpretation
hereof.
16. Accord and Satisfaction. No payment by Purchaser
or receipt by Seller of a lesser amount than the amounts payable
under the provisions of this Contract shall be deemed to be other
than on account of the earliest stipulated unpaid obligation
hereunder, nor shall any endorsement or statement on any check or
any letter accompanying any check or payment be deemed in accord
and satisfaction. Seller may accept such check or payment
without prejudice to Seller's right to recover an amount due
hereunder or pursue any other remedy it may have against
Purchaser.
17. No Claims Against Seller. Nothing contained in
this Contract shall constitute any consent or request by Seller,
express or implied, for the performance of any labor or service
or the furnishing of any materials or other property in respect
of the Subject Property or any portion thereof.
18. Seller's Right to Inspect. Seller and its agents
shall have access to the Subject Property during reasonable hours
as long as Seller does not unreasonably interfere with Purchaser's
use of the Subject Property for the purpose of examining same to
ascertain if it is in good repair.
19. Parties. The terms, covenants and conditions
hereof shall bind and inure to the benefit of the heirs, legal
representatives, successors and assigns of the respective parties
hereto.
20. Assignment of Contract. Purchaser shall not,
without the written approval of Seller, which Seller may withhold
in its sole discretion, assign, sell, mortgage, hypothecate,
encumber or otherwise transfer its interest in this Contract,
provided that Purchaser may at its option assign its interest
hereunder to a partnership in which W. Bruce Hubbard and E. H.
Jaroszewski are general partners having a majority interest,
provided that such partnership assumes the obligations of
Purchaser hereunder and provided further that any subsequent
transfer shall be subject to this Paragraph 20. Any transfer,
sale, mortgage, or assignment of the ownership or control of the
Purchaser corporation shall require such approval.
3 1
IN WITNESS WHEREOF, the parties hereto have executed
this Contract.
SELLER:
NAECELE, C.
By �^
t .,
Its
PURCHASER:
TEX -SOTA CONSTRUCTI•N, INC.
a C.
STATE OF MINNESOTA)
. ) ea.
COUNTY OF HENNEPIN)
The forego ng instrument wee acknowledged before me
this ,/jj da of / /L, , 19g, by Jr7& %�_4/li ,�C
the COG_ i- of Naegele, Inc., a Minnesota corporation,
on behalf of said corporation.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
) ea.
The fore oin
this day of
the // E,4PF•5/1 V'
Minnesota corporation,
d
Notary Public
1 KATHLEEN .. M. ROER
NOW! NaNCmiNmloIX
HENNEPIN COUNTY
My ceemloim !MOM1 SmN. 11, 1917
instrument wig acknowledyed before me
19 by W ,ff.Pl /(1t1(// /Q,
of Tex -Sota Construction, Inc., a
on behalf of said corporation.
This instrument was drafted by:
Faegre & Benson (PRK)
1300 Northwestern Bank Building
Minneapolis, Minnesota 55402
-10-
Notary Public
KATHLEEN M. BOER
901A11 ,mLC _ a..nou
HENNEPIN COUNTY
emmtiMen *spit. S.pp. 11, i9 111
33
EXHIBIT A TO CONTRACT FOR DEED
Parcel A: Lot 24, and the East 519.0 feet of Lot 23,
except the South 180 feet of the West 125 feet of the
East 459.0 feet of Lot 23, J.F. Eisenmengers Garden
Lots, subject to easements, restrictions, and covenants
of record and that part taken for highway purposes;
Ramsey County, Minnesota.
Parcel B: That part of the West 1/2 of the Southeast
1/4 of Section 7, Township 29 North, Range 22 West,
lying West of the Westerly line of the Minneapolis, St.
Paul, and Sault Ste. Marie Railway right of way as now
established, and South of the Southerly line of State
Highway No. 36 as now established. Subject to the
rights of the public in County Road B and Courtland
Street, and subject to the rights of the Minneapolis,
St. Paul, and Sault Ste. Marie Railway Company and
State of Minnesota to erect temporary snow fences.
34
ROBERT P. LARSON
JEFFREY W. LAMBERT
KATHLEEN M. ROER
PATRICIA YOEDICKE
KAREN SANGER
Tex -Sota Construction, Inc.
P.O. Box 186
Wayzata, Mn. 55391
LARSON 8 LAMBERT
ATTORNEYS AT LAW
330 501 1111 BROADWAY
WAYZATA, MINNESOTA 55391
May 10, 1982
Re: That part of the West 1/2 of the Southeast 1/4 of Section 7,
Township 29, Range 22, lying West of the Westerly line of the
Minneapolis, St. Paul and Sault Ste. Marie Railway right -of -way as
now established, and South of the Southerly line of State Highway
No. 36 as now established.
Gentlemen:
TELEPHONE
(6121 475- 3435
At your request, we have examined record title to the above - described property
in Ramsey County, Minnesota, using for the purpose of that examination an Abstract of
Title containing 125 entries, last certified to by Title Insurance Company of Minnesota
- St. Paul Abstract & Title Division on the 21st day of April, 1982, at 8:00 a.m.
Assuming said Abstract and the appended certificates relating to taxes, judgments,
state and federal tax liens, and bankrutpcy proceedings to be true and correct, it is our
opinion that on the date last mentioned, the fee title to said real estate was vested in
NAEGELE, INC., a Delaware corporation.
The title, however, is subject to the following:
1. An Agreement to Extend and Modify Mortgage and Mortgage Note dated
December 28, 1977, to First National Bank of St. Paul, filed February 24, 1978 as
Document No. 1995254, a copy of which is attached hereto as Exhibit A. This
Agreement subjects the above - referenced property to the lien of a Mortgage in the
amount of $900,000.00, originally executed December 31, 1973. This Mortgage is also
secured by other property. The mortgagors are Naegele Outdoor Advertising Company
of the Twin Cities, Inc. and Naegele Properties, Inc. A release of the above- described
property from the lien of said Mortgage should be provided at closing.
2. An Easement for highway purposes over all that part of the above
described property lying northwesterly of a line run parallel with a distant 175 feet
southeasterly of the following described line: Beginning at a point on the West line of
said Section 7, distant 508.2 feet North of the Southwest corner thereof; thence run
Easterly at an angle of 89 °42' with said West section line (when measured from North to
East) for 1,250.4 feet; thence deflect to the left at an angle of 21 °49' f2r 2,000 feet and
there terminating; containing 3.00 acres, more or less; together with all right of access,
being the right ingress to and egress from the above described tract to Trunk Highway
No. 36, together with the right to erect temporary snow fences upon the lands herein
1 "3
Tex -Sota Construction, Inc.
May 10, 1982
page two
described and upon the lands adjacent thereto; to take the right of access to Trunk
Highway No. 36 from the owners whose lands front thereon; and to take all trees,
shrubs, grass, and herbage within the right -of -way of the Trunk Highway herein
acquired, and to keep and have the exclusive control of same; as described in Final
Certificate in Condemnation Proceedings, District Court, Second Judicial District,
dated October 3, 1963, and filed November 26, 1963, in Book 1878, page 1, as File No.
1605685. The exact location of the line described in this paragraph cannot be
ascertained without a survey.
3. Real estate taxes for 1981 and prior years are paid; taxes for 1982 in the
amount of $2,599.34 (base tax $1,594.70) are unpaid and are assessed in Naegle Inc. as
nonhomestead, parcel 010/81, location 53- 00700.
A special assessment search provided with the Abstract shows special assess-
ments certified to the taxes; a copy thereof is enclosed herewith as Exhibit B. As this
search does not show assessments not certified to the Ramsey County Auditor on land
outside the City of St. Paul, a special assessment search should be obtained from the
City of Little Canada for your information.
The searches appended to the Abstract certify that there are no unsatisfied
judgments, no undischarged state or federal tax liens; or bankruptcy proceedings
appearing of record against the owner.
There are certain matters which we cannot certify to, about which the purchaser
of real property should always make an inquiry. Some of these may be indicated by
inspection of the premises. Attached hereto as Exhibit C is our standard list of
exceptions to this title opinion.
KMR:tri
enc.
cc: Peter Kitchak
Very truly. yours,
LARSON & LAMBERT
Kathleen M. Roer
36
ROBERT P. LARSON
I EFFREY W. LAMBERT
KATHLEEN M. ROER
PATRICIA YOEDICKE
KAREN SANGER
Tex -Sota Construction, Inc.
P.O. Box 186
Wayzata, Mn. 55391
LARSON 8 LAMBERT
ATTORNEYS AT LAW
320 SOUTA BROADWAY
WAYZATA, MINNESOTA 55391
May 10, 1982
Re: All of Lot 24, and the East 519 feet of Lot 23, except the South 180
feet of the West 125 feet of the East 459 feet of Lot 23, J.F.
Eisenmengers Garden Lots.
Gentlemen:
TELEPHONE
(612) 475 -3435
At your request, we have examined record title to the above - described property
in Ramsey County, Minnesota, using for the purpose of that examination an Abstract of
Title containing 81 entries, last certified to by Title Insurance Company of Minnesota -
St. Paul Abstract & Title Division on the 21st day'of April, 1982, at 8:00 a.m. Assuming
said Abstract and the appended certificates relating to taxes, judgments, state and
federal tax liens, and bankrutpcy proceedings to 'be true and correct, it is our opinion
that on the date last mentioned, the fee title to said real estate was vested in
NAEGELE, INC., a Delaware corporation.
The title, however, is subject to the following:
1. An Agreement to Extend and Modify Mortgage and Mortgage Note dated
December 28, 1977, to First National Bank of St. Paul, filed February 24, 1978 as
Document No. 1995254, a copy of which is attached hereto as Exhibit A. This
Agreement subjects the above - referenced property to the lien of a Mortgage in the
amount of $900,000.00, originally executed December 31, 1973. This Mortgage is also
secured by other property. The mortgagors are Naegele Outdoor Advertising Company
of the Twin Cities, Inc. and Naegele Properties, rnc. A release of the above- described
property from the lien of said Mortgage should be provided at closing.
2. All right of access, being the right of ingress to and egress from Lot 24,
J.F. Eisenmengers Garden Lots to Trunk Highway No. 36, was taken by the State of
Minnesota in condemnation proceedings, Final Certificate dated October 26, 1963, and
filed November 26, 1963, in Book 1878, page 1, File No. 1605685.
3. An Easement for trunk highway purposes, together with the right to erect
temporary snow fences upon the lands therein described and upon the lands adjacent
thereto; to construct certain slopes, and to maintain the same after construction, to
take the right of access to Trunk Highway 36 from the owners whose lands front
thereon, and to take all trees, shrubs, grass, and herbage within the right -of -way of the
trunk highway therein acquired, and to keep and have exclusive control of the same,
37
„yet
Tex -Sota Construction, Inc.
May 10, 1982
page two
over the following described property: Lot 24, J.F. Eisenmengers Garden Lots, which
lies Northwesterly of the following described line: Beginning at a point on the North
line of said Lot 24 distant 50 feet East of the Northwest corner thereof; thence running
Southwesterly to a point on the West line of said Lot 24 distant 50 feet South of the
Northwest corner thereof and there terminating; containing .03 acres, more or less,
together with all right of access, being the right of ingress to and egress from all that
portion of the above - described lot, not acquired therein, to the above- described
triangular piece; by Final Certificate in Condemnation Proceedings, dated November 2,
1964, and filed November 20, 1964, in Book 1938, page 901, File No. 1635969.
•
4. Real estate taxes for 1981 and prior years are paid; taxes for 1982 in the
amount of $2,511.80 (base tax $521.74) are unpaid and are assessed in Naegle, Inc. as
nonhomestead, parcel 242/00, location 53- 25100.
A special assessment search was provided with said Abstract and is enclosed
herewith as Exhibit B. As that search does not show assessments certified to Ramsey
County Auditor on land outside of the City of St. Paul, a special assessment search
from the City of Little Canada should be provided for your information.
The searches appended to the Abstract certify that there are no unsatisfied
judgments, no undischarged state or federal tax liens, or bankruptcy proceedings
appearing of record against the owner.
There are certain matters which we cannot certify to, about which the purchaser
of real property should always make an inquiry: Some of these may be indicated by
inspection of the premises. Attached hereto . as Exhibit C is our standard list of
exceptions to this title opinion.
Very truly yours,
LARS.ON & LAMBERT
Kathleen M. Roer
KMR:tn
enc.
cc: Peter Kitchak
II:CSF:041482
PURCHASE AGREEMENT
This Agreement is made and entered into thist day of
NUM , 1982, by and between Tex -Sota Construction, Inc., a
Minnesota corporation (hereinafter referred to as "Purchaser ")
and Naegele, Inc. (hereinafter referred to as "Se M(er ").
WITNESSETH:
1. Sale and Purchase of Property. Seller agrees to
sell to Purchaser and Purchaser agrees to purchase from Seller
certain real property situated in the City of Little Canada,
County of Ramsey, State of Minnesota and legally described on
Exhibit A attached hereto (hereinafter referred to as "Property ").
Said Property shall consist of a total of approximately 10.825
acres. Said Property shall include all the appurtenant rights,
privileges and easements belonging thereto, ae well as all
improvements thereon, if any.
Purchase Price - Earnest Money. The purchase
price of said Property shall be Two Hundred Thirty Thousand and
no /100 Dollars ($230,000.00), payable as follows:
(a) Ten Thousand Dollars ($10,000.00) earnest money
paid on the date hereof, receipt of which is
hereby acknowledged.
(b) Two Hundred Twenty Thousand Dollars ($220,000.00)
to be paid according to the term" of a contract
for deed ( "Contract for Deed ") attached hereto as
Exhibit B.
3. Additional Terms. Purchaser and Seller sores to
deal in good faith to effect an exchange of properties in the
following manner:
(a) Purchaser shall, subject to Seller's approval,
obtain an offer from the appropriate governmental
authorities to convey to Seller in fee simple by
warranty deed the Exchange Property in exchange
for a conveyance from Seller of the Ponding Area.
The Exchange Property is crosshatched on Exhibit C
annexed hereto and the Ponding Area is cross -
hatched.an Exhibit D annexed hereto. nhn 1 have the
boundaries are approximate. Seller
right to refuse to approve the conveyance of any
such Exchange Property offered by Purchaser,
provided that Seller's approval shall not be
unreasonably withheld. Any Exchange Property
which is conveyed to Seller shall become part of
the property being conveyed pursuant hereto and
pursuant to the terms of the Contract for Deed,
and the Contract for Deed shall be amended as
appropriate. property in
(b) Upon the conveyance of the Exchange
paragraph (a) immediately above, and upon receipt
of the legal description from the State of
Minnesota Highway Department, Seller, es fee owner
and as vendor under the Contract for Deed of the
Ponding Area, shall loin with Purchaser as vendee
under the Contract for Deed to convey in fee
simple by warranty deed said Ponding Area to the
City of Little Canada or to the State of Minnesota
Highway Department. The exact legal description
of the Ponding Area will be developed by the State
of Minnesota Highway Department and will be
supplied to Seller as soon as the legal descrip-
tion is developed.
(c) It is understood that the exchange described in
this Paragraph 3 may involve a complex sequence of
transactions. Seller agrees to cooperate in
modifications of the procedure described in
subparagraphs (a) and (b) above, provided, how-
ever, that Seller shall in no event be required to
convey the Ponding Area or any interest or ease-
ment therein until Seller is assured of receiving
0
the Exchange Property. This may be accomplished
by a simultaneous closing.
(d) This paragraph 3 shall survive closing of the
Contract for Deed.
4. Title. Within a reasonable time after execution
and delivery of this Agreement, Seller shall cause to be deli-
vered to Purchaser Abstract(s) of Title or Registered Property
Abstract(s) covering all of the Property, certified to date to
include proper searches covering bankruptcies, State and Federal
judgments and liens, and including a search with respect to
levied and pending special assessments. Purchaser will be
allowed ten (10) days after receipt thereof for examination of
said Abstract(s) of Title or Registered Property Abstract(s) and
for making any objections to the marketability of the title to
the Property, said objections to be made by written notice or
deemed to be waived. If any objections are so made to the
marketability of the title to the Property, Seller shall, within
ninety (90) days after the making of such objections by Pur-
chaser, diligently endeavor to cure such objections and to make
the title to the Property good and marketable of record in Seller
provided, however, Seller shall have no obligation to spend any
money in connection thereof unless Seller elects to do so in its
sole discretion.
Pending the correction of the title, the closing date
and the payments hereunder required shall be postponed, but upon '
correction of the title and within ten (10) days after written
notice of such correction given by Seller to Purchaser, Seller
and Purchaser shall perform this Agreement according to its
terms.
If the title to the Property, as evidenced by the
Abstract(s) of Title or Registered Property Abstract(s), is not
good and marketable of record in Seller and is not made so within
ninety (90) days after the date of making written objections
thereto, Purchaser may either:
.. /! '
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• •nXHIBIT C
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EXHIBIT D
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i
Ramsey County- Abstract
SATISFACTION OF MORTGAGE
Know All Men By These Presents, that the following mortgage,
as amended, recorded in the Office of the Register of Deeds in
and for the County of Ramsey, and now owned by the undersigned, a
corporation existing under the laws.of the United States, is,
with the indebtedness thereby secured, fully paid and satisfied:
Statutory Mortgage And Assignment of Rents, dated
December 31, 1973, Filed May 17, 1974, as Document
Number 1882895, made and executed by Naegele Outdoor
Advertising Company of the Twin Cities, Inc.,
a Minnesota corporation, as Mortgagor, to The
First National Bank of Saint Paul, a United States
corporation, as Mortgagee.
Agreement to Extend and Modify Mortgage and Mortgage
Note, dated December 28, 1977, Filed February 24, 1978,
as Document Number 1995254, made and executed
by Naegele Outdoor Advertising Company of the
Twin Cities, Inc., and by Naegele Properties,
Inc., both Minnesota corporations, as Mortgagors,
to The First National Bank of Saint Paul, a United
States corporation, as Mortgagee.
Supplemental Agreement to the Agreement to Extend
and Modify Mortgage and Mortgage Note dated December
28, 1977, Filed May 24, 1979, as Document Number
2042179, made and executed by Naegele Outdoor
Advertising Company of the Twin Cities, Inc. and
by Naegele Properties, Inc., both Minnesota corporations,
as Mortgagors, to The First National Bank of Saint
Paul, a United States corporation, as Mortgagee.
And the Register of Deeds of said County is hereby authorized and
directed to discharge the same upon the record thereof,
according to the statute in such case provided.
IN TESTIMONY WHEREOF, The said Corporation has caused these
presents to be executed in its corporate name by its Vice
President and its Asst.Vice President and its corporate seal
to be hereunto affixed this 1st day of February , 1982
THE FIRST NATIONAL BANK OF SAINT PAUL
By
Its
pF�- \IJVIl`(\w
President
Its
44
STATE OF.MINNESOTA)
SS.
COUNTY OF Ramsey )
The foregoing instrument
lstday of February
wresident and
of The First National Bank of
corporation, on behalf of the
was acknowledged before me this
19 82, by John D. Gilpin,Vice
by Eileen Long Asst.Vice Pres.
Saint Paul, a United States
corporation.
THIS INSTRUMENT WAS DRAFTED BY:
PETERSON, ENGBERG & PETERSON
700 Title Insurance Building
Minneapolis, Minnesota 55401
MARYJO KEL
tAnY mvam. mmasa n
RAMSEY COUNTY
Cemmm,.un !,pI,w Dee 6. 1964
45
June 8, 1981
RW00003384G
DESCRIPTION FOR THE CITY OF LITTLE CANADA
That part of Tract A described below:
Tract A. Lot 24 and the East 519 feet of Lot 23, J.F.
Eisenmenger's Garden Lots, according to the plat
thereof on file and of record in the office of County
Recorder in and for Ramsey County, Minnesota; excepting
therefrom the South 180 feet of the West 125 feet of
the East 459 feet of said Lot 23;
Tract B. That part of the West Half of the Southeast Quarter of
Section 7, Township 29 North, Range 22 West, lying west
of the.westerly right of way line of the Soo Line
Railroad Company as now located and established and
southerly of the southerly right of way line of Trunk
Highway No. 36 as now located and established;
:which lies easterly of Line 1 described below:
Line 1.
Beginning at a point on a line run parallel with and
distant 33 feet north of the south line of said Section
7, distant 133 feet west of its intersection with the
north and south quarter line of said Section 7; thence
run northerly to a point on the south line of Rosedale
Avenue, distant 133 feet westerly of its intersection
with said north and south quarter line and there
terminating;
together with that part of Tract e hereinbefore described, which
lies westerly of the following described line: Beginning at the
point of termination of Line 1 described above; thence run east
on the south line of Rosedale Avenue and its easterly extension
to an intersection with the east line of Courtland Street; thence
deflect to the right at an angle of 45 degrees 00 minutes 00
seconds and run southeasterly to an intersection with a line run
parallel with and distant 60 feet northwesterly of the
northwesterly right of way line of said Soo Line Railroad
Company; thence run southwesterly on said 60 foot parallel line
to its intersection with a line run parallel with and distant 33
feet north of the south line of said Section 7; thence run west
on said 33 Eoot parallel line for 30 feet and there terminating;
containing 0.74 acre, more or less, in the unplatted portion, in
addition to Courtland Street;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 118, renumbered
36 from the lands herein conveyed.
46
June 8, 1981
RW00003385G
DESCRIPTION FOR RECONVEYANCE
Parcel 9 S.P. 6212 (36= 118 -21 -1)
That part of Tract A described below:
Tract A. Lot 43, J.F. Eisenmenger's Garden Lots, according to
the plat thereof on file and of record in the office of
the County Recorder in and for Ramsey County,
Minnesota;
which lies westerly and southerly of Line 1 described below:
Line 1. Beginning at a point on a line run parallel with and
distant 33 feet north of the south line of Section 7,
Township 29 North, Range 22 West, distant 133 feet west
of its intersection with the north and south quarter
line of said Section 7; thence run northerly to a point
on the south line of Rosedale Avenue, distant 133 feet
westerly of its intersection with said north and south
quarter line; thence continue northerly on the last
described course for 175 feet; thence run southwesterly
to the northeast corner of Lot 25, said J.F.
Eisenmenger's Garden Lots and there terminating;
Subject to the following restrictions:
No access shall be permitted to Trunk Highway No. 118, renumbered
36 from the lands herein conveyed.
4l
44
•- 0
1
-----
., ,• -4(sij--"'-'-- '.
i Z- ,-5.-------- '
- _.- ...... .
311
'3O8a
'?St, A
24
4P 6,avap('36 fte-ev-(,)
g9,-, n14 C 0 le Wry
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Pecony4sce o.F Grew,
(.18
THOMAS M. SWEENEY
JAMES J. O'CONNOR
JOHN H. LeMAY
GEORGE F. BORER
SWEENEY, O'CONNOR & LeMAY
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
(612) 222-2541
July 16, 1982
Mr. Joseph G. Chlebeck
City Clerk
515 Little Canada Road
Little Canada, Minnesota 55117
RE: Ordinance Amending Chapter 2101
Our File No. 4621
Dear Joe:
SUITE 350
NORTHERN FEDERAL BUILDING
SIXTH AND WABASHA
ST. PAUL, MINNESOTA 55102'
Please find enclosed a Proposed Ordinance amending Chapter
2101, relating to park availability charges, as to residential
units. Would you please review the enclosed to determine if
any additions or deletions would be beneficial.
As you will see, the following sections have been amended:
2101.020, 2(a) and (c); 2101.030; and 2101.050, 2. The reference
to multiple dwellings has not been changed to except duplexes,
since multiple dwellings are defined as three or more dwelling
units.
TMS:peg
Enclosure
19
Yours very truly,
SWEENEY, O'C NNOR & LEMAY
Thomas M. Sweeney I
ORDINANCE NO. 191
AN ORDINANCE AMENDING CHAPTER 2101,
PARK AVAILABILITY CHARGES, OF THE
MUNICIPAL CODE OF THE CITY OF LITTLE CANADA.
THE CITY COUNCIL OF LITTLE CANADA HEREBY ORDAINS AS FOLLOWS:
Section 1.
Chapter 2101. of the Municipal Code of the City of Little
Canada is hereby amended to read as follows:
2101. PARK AVAILABILITY CHARGES.
2101.010. PURPOSE. This ordinance is enacted to provide for
orderly, economic and safe development of land and urban services
and facilities, and to protect and promote the public health, safety
and general welfare of the inhabitants of the City of Little Canada.
2101.020. LAND DEDICATION FOR PUBLIC USE. In all subdivisions,
as defined by Minnesota Statutes 1980, Section 462.352, for residential,
commercial, industrial or other uses or as a planned unit development
which includes residential, commercial and industrial uses, or any
combination thereof, where the City Council deems it appropriate,
a reasonable portion of each proposed development shall be dedicated
to the public for public use as parks, playgrounds, public open
space or storm water holding pond areas, or, at the option of the
City, the person or firm proposing the development shall donate
to the City an amount in cash in lieu of land. The City Council in
determining the reasonable portion to be dedicated to the public
may take into consideration the open space, park, recreation or common
areas and facilities which the developer has provided for the ex-
clusive use of the residents of the development. The portion of
the total area which becomes dedicated pursuant to these provisions
shall be in addition to that land dedicated for streets, alleys,
easements and other public ways. No areas may be so dedicated for
public use without first having been approved by the City Council
as suitable for the public purposes enunciated in Section 2101.010 herein.
1. If the City Council, at its option, requires the developer to
dedicate land, a maximum of 10% of the total area to be subdivided shall
be dedicated for public use as parks, playgrounds, open space or storm
water holding pond areas.
2. If the City Council, at its option, requires the developer
to donate cash in lieu of land, the following criteria shall be applied:
50
(a). The developer of any land to be developed as a
residential subdivision shall pay to the City
the sum of Three Hundred Dollars and No /100
($300.00) per lot in the subdivision.
(b) The developer of any land which is presently zoned
for single family dwellings and already has one or
more single family dwellings situated thereon, shall
receive a credit or credits for the existing dwellings
by excluding that occupied portion of said land from
the computation of dwelling units per acre as provided
herein.
(c) The developer of any land which is to he developed for
commercial or industrial use shall pay to the City an
amount of cash equal to five (5 %) percent of the fair
market value of the undeveloped land.
2101.030. LAND APPRAISAL. In those cases in which the City
Council requires a cash donation as provided herein, the value of
the land shall be determined by a competent land appraiser selected
by the City. For the purposes of this Section, such a determination
of the value of the undeveloped land shall be conclusive. Any
costs incurred by the City in determining the fair market value
shall be paid by the developer. The City Council may use purchase
agreements and current market value appraisals to determine value.
2101.040. RESUBDIVISION CREDIT. In the development of any
parcel of land which previously has been subdivided and previously
subjected to a cash donation pursuant to this Chapter, the amount
of such cash donation previously received shall be a credit against
any new donation required for resubdivision.
2101.050. PARK CHARGE FOR INDIVIDUAL DWELLINGS.
1. Recognizing that additional residential dwellings not part of
a subdivision, also create a need for public parks, the Council
declares that this Chapter shall also apply to single family dwellings
and multiple dwellings to be constructed, providing that such dwellings
are not located in a subdivision which has already been subjected to
the park charge pursuant to the provisions of this Chapter.
2, Every applicant for a building permit for a single family
dwelling shall, at the time of submitting such application, pay to the
City the sum of Three Hundred Dollars ($300.00), which money shall be
placed in a special fund as hereinafter provided. Every applicant
for a building permit for a two family dwelling shall, at the time
of submitting such application, pay to the City the sum of Six
Hundred Dollars ($600.00), which money shall be placed in a special
fund as hereinafter provided. Applicants for permits for remodeling
or for home additions shall be exempt from this provision.
-2-
3. Every applicant for a building permit for a multiple dwelling
shall, at the time of submitting such application, pay to the City
a sum of money the total of which represents One Hundred Dollars ($100.00)
for each dwelling unit located in such multiple dwelling building.
4. Apartment units converted to condominiums shall be subject
to a park charge of One Hundred Dollars ($100.00) at the time of
the conversion except that no charge shall be made if any park charges
were previously paid at the time of the original subdivision or
development. All such charges shall be payable at the time
application for conversion is made. All conversions are subject to
Council approval. Any rental units converted to condominiums on or
after November 28, 1979, shall be subject to the park charge unless
a park charge has already been paid. It is intended that this sub-
section be in accord with Council Resolution 79 -11 -537.
2101.060. SPECIAL FUND. Cash donations received pursuant to the
provisions of this Chapter shall be held in a special fund and used
only for the purposes of land acquisition, land development and
capital outlay for parks, playgrounds, public open space, storm water
holding pond areas and debt retirement in connection with land pre-
viously acquired for such public purposes.
Section 2.
This ordinance shall take effect and be in force from and after
its passage and publication.
Passed by the Council of
the City of Little Canada this
day of , 1982.
ATTEST:
Joseph G. Chlebeck, Clerk
- 3-
Mayor
Ayes -
Nays -
)2
THOMAS M. SWEENEY
JAMES J. O'CONNOR
JOHN H. LeMAY
GEORGE F. BORER
SWEENEY, O'CONNOR & LeMAY
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
(612) 222 -2541
July 19, 1982
Mr. Joseph G. Chlebeck
City Clerk
515 Little Canada Road
Little Canada, Minnesota 55117
Re: Sale of Real Property
Our File No. 4621
Dear Joe:
SUITE 350
NORTHERN FEDERAL BUILDING
SIXTH AND WABASHA
ST. PAUL, MINNESOTA55102
Minn. Stat. Section 412.211, authorizes the City to sell "or
otherwise dispose of" real property "as its interests require ".
Present State law does not require advertisement for bids prior
to sale of real property. However, the City may decide to solicit
bids.
Title of the subject property should be reviewed to determine
that the City holds absolute fee title. If the City only has an
easement or holds the property in trust, then the City would not
be able to convey marketable title.
Would you please review your files relative to the two parcels
that were authorized for sale at the Council meeting of July 14,
1982, so that we may begin to check the status of title.
The Resolution that authorizes the sale should contain a
statement that the City no longer has any use for the property
that is to be sold, and that it is in the public interest to sell
the same.
Minn. Stat. Section 462.356, Subd. 2., requires that after a
comprehensive municipal plan or section thereof has been recommended
and filed with the city council, the disposition of any publicly
owned real property must be sent to the Planning Commission for
review, prior to the sale of said property. If the Planning
Commission does not act on the proposal within 45 days, the City
may take further action relative to the sale. The City Council
does have the authority, by resolution adopted by a two - thirds
vote, to dispense with the requirement of submittal to the Planning
Commission, if the Council finds that the sale has no relationship
to the comprehensive municipal plan.
J:3
Mr. Joseph G. Chlebeck
July 19, 1982
Page Two
If anyone has any questions relative to this matter, please
contact the undersigned.
TMS:cjh
Very truly yours,
SWEENEY, O'CONNOR & LeMAY
kOrtmLs
Thomas M. Sweeney
Qt-
CITY OF LITTLE CANADA
Resolution No.
Name of Assmt: San Swr
ORIGINAL
A. 53- 00500 - 060 -52
REAPPORTIONMENT
1. 53- 00600 - 010 -91
2. 53- 00600 - 020 -91
REAPPORTIONMENT OF ASSESSMENTS
Division No: 057444
D/P No: 0032
Auditor's No: 0425
TOTAL
$2,538.00
1,616.00
922.00
CITY OF LITTLE CANADA REAPPORTIONMENT OF ASSESSMENTS
Resolution No.
Name of Assmt: WM7071
Division No: 057444
D/P No: 0068
Auditor's No: 1205
ORIGINAL TOTAL
A. 53- 00500 - 060 -52 $ 754.00
REAPPORTIONMENT
1. 53- 00600 - 010 -91 754.00
2. 53- 00600- 020 -91 None
CITY OF LITTLE CANADA
Resolution No.
Name of Assmt: WM 1973
REAPPORTIONMENT OF ASSESSMENTS
Division No: 057444
D/P No: 0070
Auditor's No: 1229
ORIGINAL TOTAL
A. 53- 00500 - 060 -52 $1,905.50
REAPPORTIONMENT
1. 53- 00600 - 010 -91
2. 53- 00600 - 020 -91
i3
733.50
1,172.00
CITY OF LITTLE CANADA
Resolution No.
Name of Assmt: San Swr
ORIGINAL
A. 53- 91090 - 030 -01
REAPPORTIONMENT
1. 53- 91090 - 040 -01
2. 53- 91090 - 050 -01
CITY OF LITTLE CANADA
Resolution No.
Name of Assmt: WM 77 -1 thru 6
REAPPORTIONMENT OF ASSESSMENT
Division No: 057498
D/P No: 0032
Auditor's No: 0425
TOTAL
$6,677.50
$6,677.50
NONE
REAPPORTIONMENT OF ASSESSMENTS
Division No: 057498
D/P No: 1814
Auditor's No: 1814
ORIGINAL TOTAL
A. 53- 91090 - 030 -01 $7,523.35
REAPPORTIONMENT
1. 53- 91090 - 040 -01
2. 53- 91090 - 050 -01
56
$7,523.35
NONE
t
LOU McKENNA
OiNaay.
RCO R VIN
Aunut,t O,r.ww
DEPARTMENT OR PROPERTY TAXATION
COUNTY OR RAMSEV
126.138 Court Hoa..
Sr. Paul, Minnuora 55102
June 24, 1982
OIVISION MANAOSRS:
1a,,1. EIII,
P.ay.ny V&ua,lan
41111.m M. *i11,..'
R..m
C. Thew, Onk,N
Land Raco*.
'Joseph G. Chlebeck, Clerk Re: Division 0 057400
City of Little Canada . (A) 53- 03110- 060 -75 (F 53- 03110 -040 -7
1515 E. Little Canada Road (8) 53- 03110- 020 -76 (G) 53- 03110 -080 -7
St. Paul, MN 55117 (C) 53- 03110- 030 -76
(0) 53- 03110 - 240 -76 (see attached)
'Dear Mr. Chlebeck: (E) 53- 03110- 250 -76
The above property is subject to the following assessments for local
improvements: 01 SAN SWR
02 SAN SWR 2
By reason of a conveyance or platting. this property has now been
divided as follows:
(1) thru (8)
(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 questions. please call Public Services Section at
298 -4167.
NOTE: Please notify us of dis-
position of assessments,
if any, for property taken
for easement.
BPB:jeb
Enclosure
Very truly yours,
WILLIAM H. KILLEEH
Manager, Revenue Division
By
Beatrice P. Backer. Super.
M Public Services Section
D.P.b 0033 co. Auditor 6 0716 D.P.b
D.P.b 1114 Co. Auditor 4 1722 D.P.b
0.6.4 Co. Auditor 0
Co. Auditor 4
Co. Auditor •
Co. Auditor 0
No
01
list .
53
our
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060
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117108
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MELVIN W HAMEL ET AL
624
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EX:W
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LANDS
THE S 177 5 /10
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07
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09
10
11
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77
12
13
14
15
53
03110
030
76 C
096772
JEFFREY F & SUZANNE M HILL
624
1
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OF N 911 75/100 FT
16
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5/10 FT OF W 575
17
FT;OF!SE
1/4 OF
18
31130:22
624
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1
54A
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8 125jFTjOF
LANDS
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SE 1/4 (SUBJ TO
IN
01
53
03110
240
76 D
031747
RAYMOND W & CAROLYN F
WIIJ.7ANS
02
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i
07
108
81
03110
250
76 E
190777
BRACE R MFSKILL &
54A
4
S 50jFTiOF N 1061 75/100
DEPARTMENT OF PROPERTY TAXATION
COUNTY OF RAMSEY
116.138 Court House
St. Paul, Minneroro 55102
LOU MCKENNA
O /rectCr
ROGER VIK
June 24. 1982
Aunwnr Ovecmr
Joseph G. Chlebeck, Clerk
City of Little Canada
1515 E. Little Canada Road
St. Paul, MN 55117
DIVISION MANAGERS:
Sob.. J. ERA,
Peeper"' Valaaman
•Alpert M. G11Am
ie. a •
_ Thp.• Ouna11
Land ■ecoNs
Re: Division 0 057367
' (A) 53- 25100- 511 -00
(see attached)
'Dear Mr. Chlebeck:
The above property is subject to the following assessments for local
improvements: 01 WTRMN 1973
02 5 /W /ST71 -7
By reason of a conveyance or 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 che resolution.
A copy of the letter and division are being aenc to the Clerk and the
Engineer at the same time co speed up the curn- around time. We will
accept che 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 che Council reaches us.
If you have any questions, plaaae call Public Services Section at
298 -4167.
NOTE: Please notify us of dis-
position of assessments,
if any, for property taken
for easement.
BPB:jeb
Enclosure
Very truly yours,
WILLIAM M. KILLEEN
Manager, Revenue Divissiioon�� //.
By
Beatrice P. Backer, Supvr.
Public Services Section
0.2.8 0070 Co. Auditor 0 1229 0.2.0 Co. Auditor 1
D.P.4 00/4 Co. Auditor 4 1303 0.2.4 Co. Auditor N
0.2.4 Co. Auditor 4 0.2.4 Co. Auditor 0
3.2.1 Co. Auditor 4 0.2.4 Co. Auditor U
AUTHORISATION WD TO VIKINo reanLntjtfjP•
DATED: 3 -17 -1982
PAGEOI OF 1
PREPARED
1JK
LAND RECORDS DIVISION FORM
138 Court House SL Paul, Minnesota
DATE 4 -29—
Vet
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TAT UST __1983 OR. n
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19 82 000 1
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040279
BRINKMAN DENTAL
623
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040279
LABORATORIES INC
031679
219 E LITTLE CANADA RD
ST PAUL MN 55117
3
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53
25100
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512
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032982
VIKING PARTNERSHIP
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54A
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FSMTS;
032982
1171 LARPENTEUR AVE
51' i
031762
ST PAUL MN 55113
s
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SR
DEPARTMENT OF PROPERTY TAXATION
COUNTY OF RAMSEY
126.138 Court Hausa
Sr. Paul, Minnesota 55102
LOU M<KENNA OIVM10N MANAGERS:
Dinmm. June 24, 1982
ROGER VIE
Assnunr O,,e(lot
Joseph G. Chlebeck, Clerk Ra:
City of Little Canada
1515 E. Little Canada Road
St. Paul, MN 55112
.Dear Mr. Chlebeck:
Rabat J. Eli,
P.egM Valuation
X llllen N. Kr■l,an
Rent
C. TFwu• Onhall
Land RIC,N,
Division tl 057430
(A) 53- 00600- 040 -10
(8) 53- 00600 - 120 -10
(C) 53- 00600- 160 -10
(see attached)
The above property is subject to the following assessments for local
improvements: 01 SAN SWR
02 WTR 10 &13
By reason of a conveyance or platting, this property has now been
divided as follows:
(1) thru (3)
(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 questions, please call Public Services Section at
298 -4167.
NOTE: Please notify us of dis-
position of assessments,
if any, for property taken
for easements.
8PB:jeb
Enclosure
Very truly yours,
WILLIAM M. KILLEEN
Manager, Revenue Division
By
Beatrice P. Backer, Supvr.
Public Services Section
D.P.# 0032 Co. Auditor 0 0425 D.P.0 Co. Auditor p
D.P. r1 0074 Co. Auditor I! 1304 D.P.# Co. Auditor B
D.P.4 Co. Auditor 0 D.P.# Co. Auditor 0
D,P.0 Co. Auditor Il D.P., Co. Auditor D
OS 2
PR EPA RE O OV LJ
DATE 5 _TR_
N
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T a <rt
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REC
NAME ANO ADDRESS
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10 B
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ROBERT J & HELEN RUDY
623
et
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FT OF S 748 7/10
1.01 FT OF W 278 FT
CF NE 1/4 UF
OF! SE! 1 /4
53
16 129122_
1- 00600 'AO 10 C
116307!
EDWARD E & DOROTHY A NADEAU
623 Fl
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EX :S dO
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Tg
W r81 Ft OF 5 435 6/10 FT
AND THE W 178 FT OF S 190
881100 OF SE 1/4 OF NE 1/4
y
L
' (SDBJI To RDS) IN
F 129221
DEPARTMENT OF PROPERTY TAXATION
COUNTY OF RAMSEY
126.138 Court Hause
St. Paul, Minnesota 55102
LOU McRENNA OIVISION MANAGGRS:
June 24, 1982 Rob.,' J. EIC•
Prepny Valuation
Oir.ero,
ROGER VIK
Alvan o,t.cw,
Joseph G. Chlebeck, Clerk
City of Little Canada
1515 E. Little Canada Road
St. Paul, MN 55117
Dear Mr. Chlebeck:
wlll:an M. Rul..n
Rattan u•
C. TAana. O.,dail
Land Record.
Re: Division 4 057436
(A) 53- 30000- 050 -05
(see attached)
The above property is subject co the following assessments for local
improvements:
01 WM771THRU6
By reason of a conveyance or 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 co 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 co the Engineer's copy of the reapportionment when she
resolution from cbe Council reaches us.
If you have any questions, please call Public Services Section at
298 -4167.
NOTE: Please notify us of dis-
Position of assessments, if
any, for property taken for
easement.
BPB:jeb
Enclosure
Very truly yours,
WILLIAM M. KILLEEN
Manager, Revenue Division
By .J.0-1727:1--/
Beatrice P. Backer, Supvr.
Public Services Section
D.P.!I 1814 Co. Auditor A 1814 D.P.4 Co. Auditor 4
D.P.) Co. Auditor 4 D.P.0 Co. Auditor O
D.P.) Co. Auditor 4 D.P.4 Co. Auditor 4
D.P.) Co. Auditor 4 D.P.4 Co. Auditor 4
AGE 01 OF 1
o. V
PARCEL CODE
No
Da,
Put
Lot
BI4
01
02
03
51
1000
0 050 05
A
On
05
06
07
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R DATE
5 -20 -1982
NAME ADO ADDRESS
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2 .052.082 irrp n'RD__J C11R1STtaL L0>yIy/u.a._,
057082 DAM 1 & MARY J BAKER 2.13
1181Lfi7.__4284 JIVER(' ESN DR _
ST 2AUL NN 551JQ j
IE
15
SU13 T0 ['.SPITS: GX N 140 £T
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'5 i5
SUdu ESIITS: '1'LIG N 140
I — 101, HI 85 FT OF
j5
I
Ramsey - Washington Metro
Mr. Thomas Reid
735 East County Road B2
Little Canada, Minnesota
55117
985 Ruth Street
July 9, 1982
Re: Ramsey - Washington Metro Watershed District
Permit 162
Watershed District
St. Paul, Minnesota 55119
g
Jul 13 1982
CITY OF
LITTLE LE CANADA
Dear Mr. Reid:
This letter is to inform you that you are still in violation of Provision
5 of Permit 162 issued to you for your construction activities. This provision
is the provision for compensating excavation required for fill placed within
the floodplain. The Board is aware that during the winter and spring of 1982,
the City of Little Canada performed some construction activities which would
have provided some compensation for the amount of fill within your parcel.
However, the City has not provided the District with any information indicating
the amount of material which was excavated from the floodplain as part of
their construction project. Attached is a letter which was sent to the City's
engineering advisor and was also copied to the City Clerk. This letter
indicated that the information which had been supplied to the District from
the City was insufficient for the District to allocate any compensation for
your parcel. Since that time, the District has received no further information
from the City and, therefore, the District is forced to view your project as
being in violation of the fill compensation requirements of your permit.
The Board requests that you take immediate steps to bring your project within
compliance of this permit.
REL /111
enc.
c:
Little Canada City Council
Mr. Tim Sullivan
Mr. Ray Marshall
Mr. Chris Drake
Mr. Cliff Aichinger
Sincerely,
Roger E. Lake, President
RAMSEY- WASHINGTON METRO WATERSHED DISTRICT
Ramsey-Washington Metro Watershed District
Mr. Ewald Biese
Project Supervisor
Milner W. Carley & Associates
500 West Highway 96
St. Paul, Minnesota 55112
985 Ruth Street St. Paul, Minnesota 55119
March 17, 1982
Re: Excavation of the J. C. Hammond Property
City of Little Canada
Dear Mr. Biese:
JUt 13 1982
CITY OF
LITTLE CANADA
Mr. Cliff Aichinger forwarded your letter of March 9, 1982 concerning
the above excavation to me for review. In reviewing this letter, I found
the information supplied therein to be insufficient for the District to
allocate any compensation to the Hammond and Reed fill volumes within the
floodplain for the following reasons:
1. You indicated that the total amount of material removed was
1,290 cubic yards, as measured by truck load counts. Excavation
measured by load counts reflect a loose volume as opposed to
actual excavated volumes. Excavation in this manner could reflect
a difference of 30% or higher for loose volume as opposed to actual
excavated volume, thereby making the actual amount excavated much
lower.
2. As you are aware, the District is concerned about the amount of
excavated volume removed from the floodplain; chat is, cbe excavated
volume removed between elevation 859.0 and elevation 863.6. From
the sketch you supplied with your letter, it is clear that a con-
siderable amount of material was removed below elevation 859.0 and
above elevation 863.6. Any material excavated above 863.6 and
below 859.0 is not material within the floodplain. Your letter
indicates that a total quantity of 1,290 cubic yards of material
was removed. Therefore, the total amount of material excavated
from within the floodplain has not been addressed.
The manner in which the excavated volume was measured was probably
sufficient for your contract with the excavation company. However, in
order to obtain meaningful information pertaining to excavated volumes
within the floodplain, a survey of the excavated area must be obtained
62
Mr. Ewald Biese
Page 2
March 17, 1982
and by combining the existing topographic information with the actual
surveyed excavated area, the amount of material removed from the floodplain
can be determined. I assume this information will be forthcoming.
If you have any questions concerning this matter, please call me at
920 -0655.
SMK /111
c: Mr. Joseph Chlebeck
Mr. Chris Drake
Mr. Cliff Aichinger
Sincerely, ® sT,2,
JUL 13 1982
Steven M. Klein
BARR ENGINEERING CO. CITY OF
Engineers for the District LITTLE CANADA
62
}
Ramsey - Washington Metro Watershed District
Mr. J. C. Hammond
695 County Road B2
Little Canada, Minnesota 55117
985 Ruth Street St. Paul, Minnesota 55119
July 9, 1982
Re: Ramsey- Washington Metro Watershed District
Permit 135
Dear Mr. Hammond:
lUi 13 1982
CITY OF
LITTLE CANADA
This letter is to inform you that you are still in violation of Provision
5 of Permit 135 issued to you for your construction activities at 695 County
Road B2 in Little Canada. This provision is the provision for compensating
excavation required for fill placed within the floodplain. The Board is
aware that during the winter and spring of 1982, the City of Little Canada
performed some construction activities which would have provided some com-
pensation for the amount of fill within your parcel. However, the City has
not provided the District with any information indicating the amount of material
which was excavated from the floodplain as part of their construction project.
Attached is a letter which was sent to the City's engineering advisor and was
also copied to the City Clerk. This letter indicated that the information
which had been supplied to the District from the City was insufficient for
the District to allocate any compensation for your parcel. Since that time,
the District has received no further information from the City and, therefore,
the District is forced to view your project as being in violation of the
fill compensation requirements of your permit. The Board requests that you
take immediate steps to bring your project within compliance of this permit.
REL /111
enc.
c: Little Canada City Council
Mr. Tim Sullivan
Mr. Ray Marshall
Mr. Chris Drake
Mr. Cliff Aichinger
Sincerely,
i
Roger E. Lake, President
RAMSEY - WASHINGTON METRO WATERSHED DISTRICT
64
Ramsey - Washington Metro Watershed District
Mr. Ewald Biese
Project Supervisor
Milner W. Carley & Associates
500 West Highway 96
St. Paul, Minnesota 55112
985 Ruth Street St. Paul, Minnesota 55119
March 17, 1982
Re: Excavation of the J. C. Hammond Property
City of Little Canada
Dear Mr. Biese:
V"1 j
JUL 13 1982
CITY OF
■ LITTLE CANADA
Mr. Cliff Aichinger forwarded your letter of March 9, 1982 concerning
the above excavation to me for review. In reviewing this letter, I found
the information supplied therein to be insufficient for the District to
allocate any compensation to the Hammond and Reed fill volumes within the
floodplain for the following reasons:
1. You indicated that the total amount of material removed was
1,290 cubic yards, as measured by truck load counts. Excavation
measured by load counts reflect a loose volume as opposed to
actual excavated volumes.. Excavation in this manner could reflect
a difference of 30% or higher for loose volume as opposed to actual
excavated volume, thereby making the actual amount excavated much
lower.
2. As you are aware, the District is concerned about the amount of
excavated volume removed from the tioodplain; that is, the excavated
volume removed between elevation 859.0 and elevation 863.6. From
the sketch you supplied with your letter, it is clear that a con-
siderable amount of material was removed below elevation 859.0 and
above elevation 863.6. Any material excavated above 863.6 and
below 859.0 is not material within the floodplain. Your letter
indicates that a total quantity of 1,290 cubic yards of material
was removed. Therefore, the total amount of material excavated
from within the floodplain has not been addressed.
The manner in which the excavated volume was measured was probably
sufficient for your contract with the excavation company. However, in
order to obtain meaningful information pertaining to excavated volumes
within the floodplain, a survey of the excavated area must be obtained
65
Mr. Ewald Biese
Page 2
March 17, 1982
and by combining the existing topographic information with the actual
surveyed excavated area, the amount of material removed from the floodplain
can be determined. I assume this information will be forthcoming.
If you have any questions concerning this matter, please call me at
920 -0655.
SMK /111
c: Mr. Joseph Chlebeck
Mr. Chris Drake
Mr. Cliff Aichinger
Sincerely,
Steven M. Klein
BARR ENGINEERING CO.
Engineers for the Distri
66
JUL 13 198=
CITY OF
UTTLE CANADA
RAMSEY COUNTY
July 20, 1982
RAMSEY COUNTY
Public Health Department
Raymond G. Cink, Director
Environmental Health Division
1910 W. County Rd. B. - Room 209
Roseville, Mn. 55113
633-0316 — 298 -5972
Joseph G. Chelbeck, Clerk
City of Little Canada
515 E. Little Canada Road
Little Canada, MN 55117
Dear Mr. Chelbeck:
Enclosed you will find the Executive Summary for the Landfill Abatement
Proposal for Ramsey County. This proposal is being considered for approval
by the Board of Ramsey County Commissioners at the next Board meeting. The
meeting is 10:00 a.m., Monday, July 26 in the Board Room, Ramsey County
Courthouse.
Throughout the planning process Ramsey County has become increasingly
aware that only with each municipalities' cooperation and assistance can
Ramsey County implement an efficient solid waste management system.
We look forward to hearing from you or your staff regarding the
Executive Summary. Feel free to contact me if you would like more information.
DGW /gt
enc.
Sincerely,
Zthod
Douglas (Y. Wood, Manager
Division of Environmental Health
6'7
D R A F T
EXECUTIVE SUMMARY
INTRODUCTION
PRELIMINARY
Solid waste management in the Metropolitan Area is reaching a critical turning
point. By 1986, the sanitary landfills which now provide virtually all of the
region's management capcity will be full. This projected short -fall in capacity,
combined with the growing trend to avoid on -land disposal, were the primary
motivating factors behind the 1980 enactment of the Minnesota Waste Management
Act and this Landfill Abatement Proposal. By implementing the solid waste
management alternatives set forth in this proposal, Ramsey County can realis-
tically expect to reduce landfill use by 60 -65% by 1986, and possibly to a
greater extent in subsequent years.
The process by which this Landfill Abatement Proposal was developed may be as
important as the plan itself. To deal with the highly controversial and
sensitive nature of solid waste issues, the Ramsey County Board of Commis-
sioners appointed a 19 member Solid Waste Management Advisory Council to study
abatement alternatives. This group of Ramsey County citizens, industry
representatives, haulers and government officials, worked closely with the
Ramsey County Environmental Health Division staff and the Donohue consulting
team to identify an acceptable mix of technically feasible landfill abatement
alternatives.
GENERAL FACTS ABOUT lift EXISTING WASTE MANAGEMENT SYSTEM
493,200 tons of solid waste are generated each year by residerces,
businesses and industries in Ramsey County.
Some 94% of the total waste volume is currently disposed in land-
fills in Anoka, Washington and Dakota Counties.
* 6% of the total waste volume is currently recycled or reused.
* 60% of all commercial and residential waste is recyclable glass,
paper, aluminum,_iron and organic waste.
* Organizationally, the existing system favors disposal over other
management alternatives.
* Refuse collection is not a mandatory requirement for over one -half
of the county's residents.
* In all but three Ramsey County communities, refuse collection firms
compete for individual residential, commercial and industrial
accounts. In the communities of White Bear Township, the City of
White Bear Lake, and the St. Paul neighborhood of Tangletown, there
are collection contracts between the local unit of government and
one waste hauler.
68
0
* Residents of White Bear Township, White Bear Lake and the St. Paul
neighborhood of Tangletown pay 20 -30% less than a typical Ramsey
County resident who is not served under an organized collection
contract.
THE PROPOSED LANDFILL ABATEMENT PROGRAM
The Ramsey County Solid Waste Management Advisory Council considered a broad
range of possible landfill abatement methods from the standpoint of; reliability/
risk, costs, ease of implementation and the degree of landfill abatement
expected. Five specific methods were selected as priority landfill abatement
strategies.
1. Waste Reduction
The Advisory Council recommended that the County actively pursue a
waste reduction program through the County's internal Waste Reduction
Task Force. This task force would seek to implement a variety of
procurement policies and office procedures within County departments
designed to reduce waste quantities. The County would also provide
technical assistance to private businesses interested in estab-
lishing similar waste reduction programs.
2. Source Separation
The Advisory Council has recommended the development of a Countywide
curbside collection program for recyclables as its primary source
separation strategy. With a 30% participation rate, a Countywide
program would recycle about 20,000 tons of material per year by
1986. The current level is about 5,000 tons per year.
Recycling would be carried out primarily by private recycling organi-
zations, waste haulers and possibly municipalities. The County's
primary role in establishing the recycling program is developing the
appropriate organizational framework (organized collection) and the
financing mechanisms. Collection centers for recyclables and com-
mercial /industrial recycling programs would be maintained or expanded
to augment the County's curbside recycling program.
3. Yard Waste Management
The Advisory Council has recommended that the County develop a
network of small scale (1 to 2 acres) composting sites. The location
of these sites would be coordinated with the location of existing
composting sites in Roseville, New Brighton, and in Planning District
No. 12 of St. Paul. The Advisory Council has suggested that the
compost sites be located on public lands.
69
■
The County's primary role in developing a composting program would
be in the identification of sites and program financing. Separate
yardwaste collection and handling would be financed similar to the
source separation program.
By implementing a composting program in the County, disposal require-
ments are expected to be reduced by 15,000 tons /year.
4. Co- composting
The feasibility of co- composting sewage sludge and solid waste is
being considered for the Metropolitan Wastewater Treatment Plant.
If demonstration studies substantiate preliminary feasibility /market
projections, a co- composting facility with a 750 ton per day capacity
(50% of Ramsey County's solid waste) could be developed. The
actual size of such a facility, can however, not be firmly estab-
lished at this time.
The Advisory Council views co- composting as an important element of
the overall plan proposed for the County because a co-composting.
facility could be readily sized up or down to meet waste flow reuire-
ments of other resource recovery facilities; or it may serve as an
important back -up if other alternatives fail.
The City of St. Paul and the Metropolitan Waste Control Commission
have assumed primary roles in developing a co- composting project.
County involvement is expected to remain limited to general coordina-
tion and political support.
5. Mass Burning Incineration
The wast to- energy element of this Proposal involves construction
of a TSG ton per day mass burning incinerator. The supply of waste
would come primarily from Ramsey County, with Washington County and
possibly Dakota County supplying the balance. Although specific
wasteshed boundaries for the facility have not been established, see'-tt -
t a mass burning incinerator S,ould abate the County's
landfill capacity requirements by 50 percent.
•
•
The project which is currently under inamtigation by the City of
St. Paul and Ramsey County involves a ton per day incineration
facility located in eastern Ramsey County or western Washington
County that would supply-steam energy to the 3 -M Corporate head-
quarters in Maplewood. The County has entered into a joint admin-
istrative agreement with Washington County and the City of St. Paul
to continue evaluating the feasibility of this project.
70
FACTORS WHICH PREVENT IMPLEMENTATION
Each component of the waste management system which now serves Ramsey County,
whether the method of collection, transportation of waste or pricing structure,
is disposal oriented. Organizationally and economically, the existing system
is tilted toward the use of landfills and away from landfill abatement.
The organizational and economic factors which essentially reward disposal and
discourage landfill abatement are closely related. Recycling provides a good
example of this point. A recycler removes material from the solid waste
stream, sells the material to secondary materials markets and is compensated
at the current market price for a given material. Yet for each ton of material
recycled, the hauler (and not the recycler or the homeowner who recycles) is
in effect subsidized by not hauling and disposing that ton of waste. If the
direct economic benefits of recycling (i.e., the avoided transportation and
disposal costs which amount to $22.00 per ton in 1982) were returned to the
recycler, there would be adequate incentive to pursue this landfill abatement
alternative.
The factors which constrain implementing major resource recovery projects are
similar, but more involved The sizeable capital investment normally associ-
ated with "high technology" resource recovery alternatives, combined with the
variable nature of key factors such as projected energy prices, BTU content of
the waste, projected energy demands of the market and interest rates; represents
a significant constraint. Additionally, the long -term guarantee of a steady
supply of waste is an organizational factor which constrains the implementation
of resource recovery facilities.
KEY ACTIONS TO IMPLEMENT PLAN
The recommended strategies for implementing this Landfill Abatement Proposal
require key policy decisions on the organization of the solid waste system and
financing of landfill abatement programs. Details on the specific steps to
implement the County's proposal are provided in the main body of the report.
This summary deals with the key County decisions required to implement the
proposed abatement programs.
1. Organized Collection .
Implementation of a Countywide organized collection system is the corner-
stone of Ramsey County's landfill abatement proposal because:
* organized collection provides a contract within which any require-
ment for separate collection of recyclables can be made;
it provides systematized curbside recycling by arranging for same
day collection in an entire district;
* it provides a contract within which any requirement for flow control,
such as to a resource recovery facility, can be made; and
* it increases system efficiency, and thus provides savings that could
be used to finance abatement programs without increasing costs to
consumers.
71
•
To implement an organized collection system dedicated to landfill abate-
ment, the Advisory Council recommended a County controlled system. The
County would develop a solid waste management ordinance that would establish
organized collection, recycling and yardwaste collection districts; provide
flow control for a resource recovery facility; establish Countywide collec-
tion rates; and establish contracts with waste haulers and recyclers. A
municipality would be given the opportunity to maintain its own program if
equivelent to the County program.
The County controlled program recommended by the Advisory Council was
selected over the following:
* A mandatory municipal management program established through a County
requirement.
A voluntary municipal management program induced by County- sponsored
incentives.
* A voluntary municipal program induced by County incentives with a time
limit. In non - cooperating municipalities, the program becomes a
mandatory County management program.
2. Financing Abatement
A program of economic incentives is proposed as a means of tilting the
existing disposal oriented system towards abatement. The recommended level
of subsidy for landfill abatement is $22 per ton or the avoided cost of
transporting and disposing of solid waste that is realized when abatement
occurs.
The Advisory Council recommended that landfill abatement (in particular the
waste reduction, source separation and composting elements) be financed
from the waste management system and not through the County property taxes.
The financing systems which were considered include:
* Waste charges at landfills,
* Collection vehicle registration fees,
* Landfill abatement fees within organized collection contracts.
Any of these options could effectively finance the proposed County program
without increasing costs to consumers if a Countywide organized collection
system is implemented.
More conventional financing methods, such as revenue bonds, will be required
to finance the mass burning incineration and co- composting elements of this
proposal. These financing decisions will be deferred until a later time,
however, the organizational and financing framework established for the
other abatement programs will facilitate the implementation of either a
mass burning incinerator or a co- composting facility by:
* providing for flow control, and
* by providing a system -wide pricing structure capable of equalizing
tipping fees at landfills and resource recovery facilities.
5
7
CONCLUSION
The proposed mix of alternatives set forth in this proposal can reduce Ramsey
County's dependance on landfills by 60% to 65%. The recommended implementation
plan involves two key factors: a County controlled organized collection system
and a County sponsored abatement financing program. The preferred mix of alter-
natives and implementation strategies recommended by the Advisory Council are
flexible. The final chapter of this proposal is dedicated to potential contin-
gencies arising from the failure to meet one or more of the Advisory Council's
objectives.
Ramsey County, by virtue of the corporate and municipal resources available to
it, has the opportunity to develop the most complete landfill abatement program
in the country. Aside from this economic potential for landfill abatement,
Ramsey County also exhibits the strong sence of the civic and social commitment
required to implement landfill abatement programs.
7:3
GOPHER FIREWORKS
Printed by i{ Press, Owatonna, Minn.
P.O. Box 464 FARIBAULT, MINNESOTA 550211
Ph. (507) 334 -5411 or 334 -8229
PERMIT TO BUY FIREWORKS FOR. DISPLAY OR
ENTERTAINMENW PURPOSES
0
This Permit is issued t \ t CN A ep—a F0k3jL
COUNhp>* I��,1� STAVE"
S Ju1. ,19)31
giving.____ h_ _ _ _the right to shoot and display fireworks on the -J�s'-a 7 )”2-, day of
,19 ,at1B_i° "_.o'clock P.M
at 2 \ Ki 2�- —Kt \JNt-L OP` ^i iAp4\
in said County, _
aIA S
"Fireworks for All Occasions"
Title of Office of Issuing Officer
By
Signature of Officer Issuing Permit
'74
Office of:
JOSEPH G. CHLEBECK, Clerk
515,Little Canada Road
Little Canada, Minn. 55117
484-2177
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
July 22, 1982
MEMO
TO: Little Canada City Council
FROM: Edward Locke
SUBJ: Hoggsbreath Parking Lot
There has been a request by Tom Duray to use his new parking lot
temporarily before it is blacktopped. Roger Glanzer, Joe Chlebeck
and myself inspected the surface of the lot and the swail. The
sub - surface material is made up of crushed blacktop and concrete
which is a very hard surface.
Since the Flameburger will be hauling fill from the lot east of the
parking lot, the finishing of the lot would create undue hardship
on the owner of the Flameburger.
Permission is granted to the Hoggsbreath to use the lot. However,
it shall be completed within two weeks of this date. A temporary
fence must be constructed between the Anderson property and the
parking lot.
Edward E. Locke /'
Building inspector
EEL:bj
cc; Hoggsbreath
73
MAYOR
Raymond Hanson
COUNCIL
Michael Fahey
Beverly Scalze
Dennis Forsberg
Mugs Nardini
OFFICE OF THE LAND COMMISSIONER
COUNTY OF RAMSEY
109 Court House
ST. PAUL, MINNESOTA
55102
ANTHONY J. REITER, Commissioner 2921087
July 7, 1982
Joseph G. Chlebeck, City Clerk
City of Little Canada
515 Little Canada Road
Little Canada, MN 55117
RE: Misc. - Part of Section 6, Township 29, Range 22
Nadeau Addition - Lot A, Part Lot F, Lot G and
Part of Lot 10
Dear Mr. Chlebeck:
We have reviewed our files and find that the above described tax forfeited
parcels are still being withheld from sale.
Please review your files. If these parcels are required for a public use,
complete the enclosed applications for conveyance of tax forfeited lands
as indicated by the red check marks. Submit the original and one copy for
each description along with a resolution stating the specific uses -to the
Office of the Land Commissioner, Room 109, Court House, St. Paul, MN
55102. Upon receipt, we will present the applications to the Finance, Per-
sonnel and Management Committee for approval for presentation to the Board
of Ramsey County Commissioners for its determination. Enclosed is a
sample resolution for acquisition.
GEE /kt
Enc. Applications (5)
Sample Resolution - acquisition
Yours very truly,
ANTHONY J. REITER
Land Commissioner
By`
77
50 Form 962 (Rev. 11/75)
APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX - FORFEITED LANDS
Under Minnesota Statutes, Section 282.01, Subdivision 1.
In the Matter of the Application of
CITY OF LITTLE CANADA
a Governmental Subdivision, for a
Conveyance of Certain Lands.
Comes now City of Little Canada
I Name of subdivision)
and alleges:
1. That applicant is a (a) governmental subdivision in the County
nf Ramsay, State of Minnesota
2. That(b) the acquisition of said land is authorized by Littler
Canada's Council Resolution No dated'
3. That there is situated in the County of Ramsey certain tax - forfeited
land described as follows: (c)Part of the following described tract covered by water of Savage Lake:
Beginning at the Northeast corner of John Eisenmenger's 4th additio • 1 -• - • L- asterly
on Little Canada Road 225 feet: thence South to the South Tine nf Section 6; thence West
to the Southeast corner of said Addition; thence North to beginning, in the Southeast
Ouarter of Section 6. Township 29. Range 22 (Code No 53- 00600 - 010 -87)
4. That said lands are (d) vacant and unimproved
5. That applicant desires to obtain said and for the following purposes and reasons: (e)
park and recreation purposes
Wherefore applicant prays that said lands be conveyed to it for the use stated herein.
STATE OF MINNESOTA
) ss.
COUNTY OF Ramsey
Raymond Hanson and Jos;
each being first duly sworn, depose and say, each fo
and City Clerk
that they have read the foregoing application and
CITY OF LITTLE CANADA
BY ✓
Its Mayor
and Y
Its City Clerk
7
he Maynr
a Canada
hat the matters stated therein are true.
APARTMENT
OWNERSHIP No.79
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SD Form 962 (nov. 11/75)
APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX-FORFEITED LANDS
Under Minnesota Statutes, Section 282.01, Subdivision 1.
In the Matter of the Application of
CITY OF LITTLE CANADA
a Governmental Subdivision, for a
Conveyance of Certain Lands.
Comes now
and alleges:
City of Little Canada
(Name of subdivision)
1. That applicant is a (a) governmental subdivision in the County of
Ramsey. State of Minnesota
2. That (b) the acquisition of said 1 and is authori zed by
T.ittlp Canada Connell Rpsnlutinn No rtatpd
3. That there is situated in the County of Ramsay
land described as follows: (c)
Lot A, Nadeau Addition
(Code Nn 51- 547n0- 7R0 -OO)
certain tax-forfeited
4. That said lands are (d) vacant and unimproved
5. That applicant desires to obtain said land for the following purposes and reasons: (e)
alley purposes
Wherefore applicant prays that said lands be conveyed to it for the use stated herein.
STATE OF MINNESOTA
ss.
COUNTY OF Ramsey
Raymond Hanson and
each being first duly sworn, depose and say, each •
and City Clerk
that they have read the foregoing application ar.
CITY OF LITTLE CANADA
By Y
Its
and ✓
Its
Mayor
City Clerk
s respectively the Mayor
80 • of Little Canada
tereof; and that the matters stated therein are true.
1
SO Farm 962 (Flaw. 11/75)
APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX - FORFEITED LANDS
Under Minnesota Statutes, Section 282.01, Subdivision 1.
In the Matter of the Application of
CTTY OF LTTTTE CANADA
a Governmental Subdivision, for a
Conveyance of Certain Lands.
Comes now
(Name of subdivision)
and alleges:
1. That applicant is a (a)
City of Little Canada
governmental subdivision in the County of
Ramsey, State of Minnesota
2. That (b) the acquisition of said land is authorized by
Little Canada Council Resolution No. Dated
3. That there is situated in the County of • Ramsey certain tax-forfeited
land described as follows: (c)
(Except the East 16.50 feet of part South of the South Line
of Lot 20 produced West). Lot F. Nadeau Addition
(Code No. 53- 54200- 330 -00)
4. That said lands are (d) vacant and unimproved
5. That applicant desires to obtain said land for the following purposes and reasons: (e)
alley pnrpoaea
Wherefore applicant prays that said lands be conveyed to it for the use stated herein.
CITY OF LITTLE CANADA
8y✓
Its Mayor
and ✓
Its City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF Ramsey )
Raymond Hanson and Joseph G. Chlebeck
each being first duly sworn, depose and say, each for
and Ci ry Clerk
that they have read the foregoing application and
ctively the Mayor
U ) t _Little Canada
U ) : and that the matters stated therein are true.
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SO Form 981 (Rev. 11/75)
APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX-FORFEITED LANDS
Under Minnesota Statutes, Section 282.01, Subdivision 1.
In the Matter of the Application of
CITY OF LITTLE CANADA
a Governmental Subdivision, for a
Conveyance of Certain Lands.
Comes now City of T,i ttl e Canada
(Name of subdivision)
and alleges:
1. That applicant is a (a) governmental subdivision in the County
of Ramsey, State of Minnesota
2. That (b) the acquisition of said land is authorized
xi/by Little Canada Council Resolution No datad
3. That there is situated in the County of Ramsey
land described as follows: (c)
Lot G, Nadeau Addition
(rnda Mn S3- 54900- 44(1 -11n)
certain tax•forfeited
4. That said lands are (d) vacant and unimproved
5. That applicant desires to obtain said land for the following purposes and reasons: (e)
alley purposes
Wherefore applicant prays that said lands be conveyed to it for the use stated herein.
rrTY OF LITTLE CANADA
By uy
Its Mayor
and /
Its City Clerk
STATE OF MINNESOTA
ss.
COUNTY OF Ramsey
Raymond Hanson and Joseph G. Chlebeck
each being first duly sworn, depose and say, each for himself, that they are respectively the Maynr
and City Cl ark of the
City of Little Canada
that they have read the foregoing application and kno- and that the matters stated therein are true.
84
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�.: VILLAGE OF SHOREVIEW
RAMSEY COUNTY, MINNESOTA
4665 NI)k TH VIC TOHIA STREET
Shoreview, Munnesu d 55112 • Telephone 484 3353
July 15, 1982
Mr. Joseph G. Chlebeck
City Clerk
City of Little Canada
515 E. Little Canada Rd.
Little Canada, Mn. 55117
Mr. Gerald Urban
City Clerk- Treasurer
City of Vadnais Heights
687 E. County Road F
Vadnais Heights, Mn. 55110
Gentlemen:
Attached is a memo from C. J. Michaud regarding the
Siren Contract payments.
This is a summary of the purchase and cost of the sirens
serving our communities. I do not recall the wording
of the Contract, but I believe each City should send
the remittance to the Contractor, Gopher Electric Co.
If you have any questions, contact either Mr. Michaud
or myself to expedite the timely conclusion of the
siren installation.
GLD /mlj
Enc.
Sincerely,
CITY 2F SHOREVIEW
Gary x. Dickson
City Manager
8B
M E M O
TO: GARY DICKSON, CITY MANAGER
FROM: C.J. MICHAUD
SUBJECT: SIREN CONTRACT PAYMENTS
DATE: 12 JULY 1982
All Air Warning Sirens to be installed under Shoreview Purchase Order
Numbers 6056 and 6063 have been completed and tested. It is therefore
appropriate that we initiate the necessary actions to provide partial
payment to the contractor, Gopher Electric Company, All of the compli-
cations experienced with NSP and Bell Telephone have now been resolved.
The final payment figures from the contractors invoices are, in most
cases, less than the quotation price and are as follows:
Siren No. 1; 100% Shoreview $8,279.00
Siren No. 2; 50% Shoreview 4,171.50
50% Vadnais Hgts4,171.50
Siren No. 3; 50% Shoreview 3,807.50
25% Vadnais Hgts1,903.75
25% Ltl. Canada1,903.75
Siren No. 4; 50% Vadnais Hgts4,525.00
50% Ltl. Canada4,525.00
Siren No. 5; 100% Ltl. Canada7,127.00
Total Bid Price $41,680,00
Total Billing Price 40,414.00
1,266.00
The difference between the bid price and billing price indicated above
stems primarily from the difference between NSP Company's estimated and
final service drop costs. I would anticipate a few minor changes between
the above figures and the final contractor billing costs due to the cost
of locking devices and other minor contingencies. However, we can pro-
ceed with partial contractor payment, withholding 10 for such contingencies.
($40,414.00 - 101ii (4,042.00) = $36,372.00). This amount can be paid the
contractor.
As regards cost sharing between the three (3) cities, the figures are as
follows:
Shoreview 100% Siren #1 $8,279.00
50% Siren #2 4,171.50
50% Siren #3 3,807.50
Total 16,258.00
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av
Memo
Page 2
7 -12 -82
Vadnais Heights 50% Siren #2 $4,171.50
25% Siren #3 1,903.75
50% Siren #4 4,525.00
10,600.25
Little Canada 25% Siren #3 1,903.75
50% Siren #4 4,525.00
100% Siren #5 7,127.00
13,555.75
I would suggest that we take the entire 10% withholding from the Shore-
view share and request the following amounts from each of the other cities:
Vadnais Heights $10,600.25
Little Canada 13,555.75
Shoreview's initial payment would then be: ($16,258.00 - 4,042.00) $12,216.00.
Payment by the other cities should be made directly to the contractor, Gopher
Electric Co., in the above amounts. Since Vadnais Heights only had 2 of 3
sirens installed, and as I recall, they had $10,000.00 in their budget for
sirens, it is possible that they will not now need the loan from Shoreview
covering Siren #2. I will leave this up to you and your contract with Gerry
Urban.
Testing of Siren #1 on July 7, 1982, indicated a reading of 114 to 115 deci-
bels at 200 feet. This factors to 123 to 124 decibels at 100 feet as re-
quired by the contract. A DOT calibrated meter was employed in the testing.
Our next test will be at ranges out to 4500 feet and 70 db as required by
our warning plan. I believe that the tests will work out well.
C. J. i chaud,
Civil Defense Director
CJM:cmg
851