HomeMy WebLinkAbout05-26-1982 Council AgendaAGENDA
LITTLE CANADA CITY COUNCIL
MEETING
1. Call to order. ( 7:30 P.M.)
2. Roll Call
Mayor Mr. Raymond Hanson.
Councilman Mr. Michael Fahey .
Councilwoman Mrs. Beverly Scalze
Councilman Mr. Dennis Forsberg
Councilwoman Mrs Mugs Nardini
Attorney Mr. Thomas Sweeney
Consulting Engineer: Mr. Donald Carley
Planner Mr. Brad Nielson
Recording Secretary, Mrs Kathleen Glanzer
3. APPROVAL OF MINUTES:
May -12- 1982
Uorrection
Tape no. to
Motion to approve minutes , motion by 2nd by
Ayes Nayes
Page -1-
AGENDA
LITTLE CANADA CITY W UNCIL MEETING
- 5 -26 -82
CONTINUED
COUNCIL LEGISLATIVE MATTERS
Tape no. to
4. SENIOR CITIZEN HOUSING
A.)Attorney report concerning property.
B.)Planner's site report.
C.) Juran & moody report on Tax increment financing.
ACTIONS:
1). Call a public hearing to amend the zoning code to permit Senior Citizen
Housing in a B -3- areas and instruct the attorney to prepare such
amendment Motion by 2nd by Ayes Nayes
2). Adopt a resolution requesting that " Westminster Corp." be the Spoonsor."
and instruct the attorney to prepare any other documents that are pertaining
to this project. The project will be identified as " Capitol Imp. Project 404 "
Motion by 2nd by ayes nayes
5. BOND SALE : $ 1,475,000.00 Tape no, to
Bond sale scheduled for 7:15.
Appearing Mr. Robert Sanders and Mr. Steve Mattson.
SEE CORRESPONDENCE PAGES -1- thru -4 -.
Motion to accept the bid of in the amount of
Motion by 2nd by Ayes Nayes.
Page -2-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
-5-12-82
CONTINUED
PUBLIC HEARINGS:
6. WATERMAIN IMPROVEMENTS
Hearing scheduled for t:iO
Imp. 82 -b- Watermain Imp. 52 -b- Iona Lane.
SEE CORRESPONDENCE PAGES - 12-13-14-&-i5.
ENGINEER COMMENTS TO IMP. 52 -6-
OBJECTORS TO IMP. 82.-6-
Tape no. to
Imp. -82 -7- Watermain ror Reiamona Lane.
Tape no. to
sty, uuRREsFONUENuE page -12- and 16- thru -22-
Engineer's comments.
Objectors to Imp. 82 -7-
Imp. 82-8- Watermain Center Ita, from a Point 000Ft. Tape no. -to
North or Labore to Allen Ave.
SME CORRESPONDENCE page -12- and 23 thru 25.
Engineer's comments to improvement.
Objectors to improvement.
MOTION TO CLOSE THE HEARINGS ON THE IMPROVEMENT HEARINGS Tape no. to
Motion by 2nd by Ayes Mayes
Motion to Order Improvements as follows:
Motion by 2nd by ayes Nayes
Motion to delete the improvements as follows:
Motion by 2nd by. Ayes Nayes
Page
3-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
- 5 -26 -82
ODNTINUED
PUBLIC HEARINGS:
Tape no, to
7. ZONING AMENDMENT- Halls rentals In a R- B- district.
HEARING SCHEDULED FOR 8:15.
Planners comments:
SEE CORRESPONDENCE Planning Commission minutes - pages- 8-9-10 -
Planners report - 27 thru- 28-
Other comments from audience.
Motion to close hearing: motion by 2nd by Ayes Nayes.
Motion to authorize attorney to prepare zoning amendment to permit rental halls in
R -B- area. Motion by 2nd by Ayes Nayes
8. Gervais Creek Office Bldg- Y.U.D. Tape no, to
Hearing scheduled for 8:30 P.M.
Appearing Mr. Krejci.
Comments - Park Charge = see correspondence pages 10 -11- ( Park Commission report)
Attorney report. and appraisal report.
SEE CORRESPONDENCE : Page -5- Planning Commission
Page -29- notice of Hearing - Page -30- Mailing list.
Comments from Audience objectors.
Motion to Close hearing: motion by 2nd by Ayes Nayes
Motion to approve table Deny Other r P.U.D. Proposal.
Motion by 2nd by Ayes
Page -4-
Nayes.
AGENDA
LITTLE CANADA CITY CDUNCIL MEETING
- 5 -26 -82
CONTINUED
PUBLIC HEARINGS:
9. JESPERSEN PLAT. Tape no. to
HEARING SCHEDULE FOR 8:45. P.M.
Appearing Mr. Morris Jespersen__
Comments
Mailing list- page- 33 of correspondence - Notice of hearing - page -31 -of correspondence
Planning Commission report: see correspondence page -6-
Park Charge- see correspondence pages- 10 -11- ( Park Commission report)
Appraisal report.
Comments.
Motion to close hearing: Motion by 2nd by Ayes Nayes
Motion to: Approve Table_ Deny Other Morris Jespersen Preliminary Plat,
Motion by 2nd by Ayes Nayes.
10. PARKING LOT EXPANSION AND PROPERTY DIVISION TAPeno
FLAMEBURGER PROPOSAL
Public hearing scheduled for 9:00
For Parking lot expansion.
See correspondence - page -34- notice of hearing- Page -35 mailing list,page -36 site plan
- page -6- Planning Commission report.
Planner's comments.
Park Charge,( there is a subdivision here but no building.)
Comments and objectors,
motion to close hearing, motion by 2nd by Ayes Nayes
Motion to Approve Deny
Table Other Parking box expansion.
Motion by 2nd by Ayes Nayes.
Motion to approve Flameburger property division.
Motion by 2nd by Ayes Nayes,
page -5-
AGENDA
LITTLE CANADA CITY ODUNCIL MEETING
_5 -26 -82
CONTINUED
PUBLIC HEARINGS:
11. ZONING AMENDMENTS PERTAINING TO SIGNS Tape no, to
Hearing scheduled for 9:15.
SEE CORRESPONDENCE:-
SEE CORRESPONDENCE
SEE CORRESPONDENCE -
page -37- Notice of hearing for zoning amendment
pertaining to signs relocated by other public agency.
page- -7- Planning Commission.
page -38- PROPOSED ORD. NO. 182.
Proposed Waiver procedures.
Motion to close hearing on proposed ors. no, 182.
r
Motion by 2nd by Ayes Nayes
Councilmember
Councilmember
Ayes
introduced ord. no. 182 for its adoption.
2nd the approval or ord. no. 182.
Nayes.
12. 2nd amendment hearing scheduled for 9:15. Tape no. to
Proposed amendment to permit free standing signs to be -5- ft from property line.
See correspondence page -39- notice of hearing.
See correspondence pages -40- thru -41- present regulations.
SEE CORRESPONDENCE PAGE -43- LETTER FROM STATE WHEN SIGNS ARE TO BE REMOVED.
SEE CORRESPONDENCE proposed ord, no. 183,
see correspondence pages -45- thru -46- planners comments.
see correspondence page - -7- planning commission report.
Comments:
Objections
Motion to close hearing: motion by 2nd by Ayes Nayes.
Councilmember_:
Councilmember
Ayes
Mayes.
introduced Ord. no. 183, and moved its adoption.
2nd the adoption of Ord. NO, 183,
Page -6-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
-5-26-82
CONTINUED
IDEMS BY PERSONAL REPRESENTATION.
13. BURGER KING Tape no. to
Sign location and parking.
See correspondence page- 47- letter pertaining to parking and sign.
see correspondence page- 48- site plan.
see correspondence page- -7- Planning Commission report.
ACTIONS
motion by 2nd by Ayes Nayes
14. Taco John's Sign Tape no, to
See correspondence page -49- site plan.
See correspondence page -7- Planning Commission minutes
Actions: Motion by 2nd by Ayes Nayes
15. A. &. W sign. Tape no. to
No Plan has been submitted.
The building official has informed me that the owners of the property have
discussed this matter with him,.
Mr. Bodie has not signed the road agreement. Mr. Bodie informed me
that the owners are not infavor of the agreement.
Actions:
Motion by 2nd by Ayes Nayes.
Page -7-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
- 5 -26 -82
CONTINUED
IDEMS BY PERSONAL REPRESENTATION.
16, Karate School 120 W. Co. Rd, C. Tape 'no to
See correspondence page- 50- &- 51
Planners comments,
Actions
motion by 2nd by Ayes Nayes.
17. Flyn PROPOSAL.
SEE CORRESPONDENCE PAGES- 52 -thru- 62
Actions:
Tape no. to
Motion by 2nd by Ayes Nayes.
COUNCIL LEGISLATIVE MATTERS
ATTORNEY:
18. Ordinance no/ 184. ( Council Salaries)
See correspondence page -63,
Council member
Council member
Ayes
Tape no. to
intorduced ord, no. 184 and moved its adoption. '
2nd the adoption of ord. 184.
Nayes,
Page -8-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
5 -26 -82
CONTINUED
COUNCIL LEGISLATIVE MATTERS
Tape no. to
ATTORNEY.
19. Ordinance no. 185. ( permit fees individual swr systems)
See correspondence page- 64
Council member intorduced ord. no. 185 and moved its adoption.
Council member — 2nd ord. no. 185.
Ayes Nayes
20. Ordinance no. 186. to
( Licensing scavengers) Tape no,
See correspondence pages- 65 thru 67
introduced ord. no. 186 and moved its adoption.
2nd the adoption of ord. no. 186.
Council member
Council member
Ayes
Nayes.
21. Payne Ave Drainage Easement vacation.
Tape no. toZ
See correspondence pages- 68 to 71
Motion to call for a hearing to vacate drainage easement.
Motion by 2nd by Ayes Nayes.
Hearing scheduled for June -23-
22. Attorney other. Tape no. to
Page -9-
AGENDA
LITTLE CANADA CITY COUNCIL MEETING
- 5 -26 -82
CONTINUED
COUNCIL LEGISLATIVE MATTERS
ENGINEER
Tape no, to
23. Utility relocation agreement
See correspondence page- 72 thru- 80 -
Motion to approve agreement.
motion by 2nd by Ayes Nayes.
24. Engineer other.
25 Approve payment of vouchers
motion by 2nd by Ayes Nayes
26 adjourn: Motion by 2nd by Ayes Nayes
time adjourned
Page -10-
CORRESPONDENCE TO AGENDA
LITTLE CANADA CITY COUNCIL
MEETING
- 5 -26 -82
PAGE CONTENTS
- 1- thru - 4- Notice of Bond Sale.
- 5- thru - 9- Planning Commission report.
-10- thru -11- Park Commission report.
-12- Notice d• Hearings Watermain Improvements ( Iona Lane,
Reidmond - &- Centerville Rd.)
-13- thru -15- Documents to Iona Lane watermain Imp. t1MP82 -b -)
-16- thru -22- Documents to Reidmond waterrnian Imp. 82 -1-
-23- thru- -25- Documents to Centerville Rd. Imp. 82 -8-
-2.6- thru- 28- Documents to Zoning amendment 1 Hall rentals)
-29- thru -30- Documents PUD ZONING Gervais Creek Office Bldg.
-31- thru -i3- Documents Jesperson Plat.
-34- thru- -36- Documents r'lameburger- Hoggsbreath Parking Lot expansion.
-37- thru- -46- Documents to Zoning amendment pertaining to signs
-47- thru- -48- Burger King Sign - &- Parking
-49- Taco John's sign.
-50- thru- -51- Karate School -120 W. Co. Rd. U.
-52- thru -62- Flynn proposal.
-63- Proposed Ordinance no. 184- Council Salaries.
-64- Proposed Ordinance no. 185- Permit fee for individual swr
-65- thru -67 Proposed Ordinance no. 186- Licensing of scavengers.
-68- thru- -71- Documents pertaining to vacation of easement in Payne A'
-72- thru- 80 - Documents pertaining to utility replacements on Rice
EXHIBIT A
NOTICE OF BOND SALE
$1,475,000
CITY OF LITTLE CANADA
RAMSEY COUNTY
MINNESOTA
GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1982
These bonds will be offered Wednesday, May 26, 1982, at 7:15 P.M., Central
Time, at the City Hall, in Little Canada, Minnesota. The bonds will be dated
June 1, 1982, and interest will be payable December 1, 1982, and semiannually
thereafter. The bonds will be general obligations of the Issuer for which its
unlimited taxing powers will be pledged. The bonds will mature on December 1
in the amounts and years as follows:
$ 95,000 in each of the years 1983 to 1985;
$100,000 in each of the years 1986 to 1988;
$110;000 in each of the years 1989 to 1991;
$120,000 in the year 1992;
$125,000 in the year 1993;
$135,000 in the year 1994;
$140,000 in the year 1995;
$ 20,000 in each of the years 1996 to 1997;
All dates are inclusive.
All bonds maturing on or after December 1, 1993, are subject to prior payment
on December 1, 1992, and any interest payment date thereafter at a price of par
and accrued interest. Sealed bids for not less than $1,446,237.50 and accrued
interest on the principal sum of $1,475,000 will be accepted. No rate of
interest nor the net effective average rate of the issue may'exceed 15% per
annum. An acceptable approving legal opinion will be furnished by Briggs and
Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. The
proceeds will be used to refund at maturity the City's outstanding General
Obligation Temporary Improvement Bonds of 1979, dated August 1, 1979.
Dated: May 12, 1982 BY ORDER OF THE CITY COUNCIL
Additional information
may be obtained from:
Juran & Moody, Inc.
114 East Seventh Street
St. Paul, Minnesota 55101
Telephone No: 612- 298 -1524
/s/ Joseph G. Chlebeck
. 01
City Clerk
EXHIBIT B
OFFICIAL TERMS OF
BOND SALE
$1,475,000
GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1982
CITY OF LITTLE CANADA
RAMSEY COUNTY
MINNESOTA
NOTICE IS HEREBY GIVEN that these
the following terms:
TIME AND PLACE:
TYPE OF BONDS:
DATE OF BONDS:
PURPOSE:
INTEREST PAYMENTS:
MATURITIES:
REDEMPTION:
PAYING AGENT:
W,.
bonds will be offered for sale according to
Wednesday, May 26, 1982, at the City Hall,
7:15 P.M., Central Time, Little Canada,
Minnesota.
Negotiable coupon general obligation
bonds, $5,000 denominations.
June 1, 1982.
To refund at maturity the City's
outstanding General Olbigation Temporary
Improvement Bonds of 1979, dated August 1,
1979.
December 1, 1982, and semiannually
thereafter on June 1 and December 1.
December 1 in each of the amounts and
years as follows:
$ 95,000 in each of the years 1983 to 1985
$100,000 in each of the years 1986 to 1988
$110,000 in each of the years 1989 to 1991
$120,000 in the year 1992
$125,000 in the year 1993
$135,000 in the year 1994
$140,000 in the year 1995
$ 20,000 in each of the years 1996 to 1997
All dates are inclusive.
At the option of the issuer, bonds
maturing on or after December 1, 1993,
shall be subject to prior payment, in
inverse order of serial numbers, on
December 1, 1992, and any interest payment
date thereafter, at a price of par and
accrued interest.
Bidder's discretion.
CUSIP NUMBERS:
DELIVERY:
TYPE OF BID:
RATE:
AWARD:
It is anticipated that CUSIP numbers will
be printed on said bonds, but neither the
failure to print such numbers on any bond
nor any error with respect thereto shall
constitute cause for a failure or refusal
by the purchaser thereof to accept
delivery of and pay for said bonds in
accordance with terms of the purchase
contract.
Forty days after award subject to
approving legal opinion of Briggs and
Morgan, Professional Association, of
St. Paul and Minneapolis, Minnesota. Bond
printing and legal opinion will be paid
by issuer and delivery will be anywhere in
the continental United States without cost
to the purchaser. Legal - opinion will be
printed on the bonds at the request of the
successful bidder.
Sealed bids of not less than $1,446,237.50
and accrued interest on the principal sum
of $1,475,000 from date of bonds to date
of delivery must be filed with the
undersigned prior to the time of sale.
Bids must be unconditional except as to
legality. A certified or cashier's check
in the amount of $29,500, payable to the
order of the Treasurer of the issuer must
accompany each bid, to be forfeited as
liquidated damages if bidder fails to
comply with accepted bid. Bids for the
bonds should be addressed to:
Richard E. Boss
City Treasurer
City Hall
515 Little Canada Road
Little Canada, MN 55117
All rates must be in integral multiples of
1 /20th or 1 /8th of 1% and may not exceed
15% per annum. Additional interest
coupons may not be used. No limitation is
placed upon the number of rates which may
be used.
Award will be made solely on the basis of
lowest dollar interest cost, determined by
addition of any discount to and deduction
of any premium from the total interest on
all bonds from their date to their stated
maturity. The net effective average rate
of the issue may not exceed 15% per annum.
0,1
The Issuer reserves the right to reject any and all bids, to waive
informalities and to adjourn the sale.
Dated: May 12, 1982.
Additional information
may be obtained from:
Juran & Moody, Inc.
114 East Seventh Street
St. Paul, MN 55101
Telephone No. 612- 298 -1524
BY ORDER OF THE CITY COUNCIL
/s/ Joseph Chlebeck
City Clerk
04
PLANNING COMMISSION
CITY OF LITTLE CANADA
515 LITTLE CANADA ROAD
LITTLE CANAOA, MINN. 55114
Minutes of the Regular Meeting
Planning Commission
May 6, 1982
The regular meeting of the Planning Commission of the City of Little Canada
was held on the 6th day of May, 1982 at 7:30 p.m., at 515 Little Canada Rd.
in said City.
The following member were present: Tom Ducharme, Gene DeLonais, Pete Costa,
Myers Frattalone, Sharon Timmons, & LeRoy LeMay. Joe Vitale arrived at 8:30.
Members absent: Jim Steele, Roy French.
Also present, Brad Nielsen, Northwest Consultants.
Minutes of the previous meeting were approved as read.
GERVAIS CREEK Tom Krejci (owner of the building,Old Little Canada School
PROFESSION BLDG. appeared. He has developed a plan to "clean -up the exterior, &
renovate the interior. The plans include adding a 2nd story to
the newer part of the building. The cost of rehabilitation, etc.,
necessitated bringing in a partner, hence the need to request
a PUD for the property. The new partner will own the front part
(newer)of the building. He is therefore requesting PUD subdivision.
Joe Brinkman is the interested possible partner. He would
develope the building into professional office space.
Brad Nielsen discussed the fact that granting a PUD and the
possibility of allowing a rental hall are 2 separate issues.
Tom Krejci stated that he is interested in pursuing the PUD
regardless of the feasibility of a rental hall. The park
dedication issue should be referred to the Park Commission for
their recommendation to the City Council. Tom Krejci stated that,
if the land were appraised, in regard to the amount of the park
dedication fee he might be interested in use of the tennis courts
by the City. The arrangement last year was that the city is
maintaining the tennis court area and Jim Morelan has indicated
to Tom Krejci that the same arrangement will take place this year.
Ray Hanson appeared and pointed out that the issue on the tennis
court was discussed at the Council meeting and he personally felt
that the City is now getting a tax base off a property that was
formally tax exempt as a school. He further stated that the Park
Commission will be making a recommendation to the council. Gene
DeLonais stated he appreciated Mr. Hanson appearing before the
Commission and appreciated that the Council appeared to be more
willing to work with the local business.
Mr. DeLonais made a motion to recommend approval of the CUP for
PUD to Mr. Tom Krejci.
2nd by Tom Ducharme.
Motion carried 6 -0.
`? 05
Minutes. con't.
May 6, 1982
Page 2
FLAMBURGER &
PLANNING COMMISSION
CITY OF LITTLE CANADA
515 LITTLE CANADA ROAD
LITTLE CANADA. MINN. 55117
DURAY Bob Matson - Flamburger, and Tom Duray- Hoggsbreath appeared
requesting a property division & CUP for a parking lot expansion.
Mr. Matson stated that the Flamburger is waiting to build until the
water goes in on Rice St. Water will be going in on Rice St. when
they widen the highway. Mr. Matson would like to sell the western
portion of the property they own/ together with the driveway onto
Demont to Mr. Luray. The Flamburger would then be given an
easement over Mr. Durays land for access to the Flamburger from
Demont. Brad Nielsen stated he thought it was an acceptable plan.
Motion made to recommend approval of lot split for Flamburger made
by Sharon Timmons.
2nd by Gene DeLonais.
Motion carried 5 -1 (Mr. LeMay -no)
JESPERSEN PLAT
Motion made to recommend approval of revision of CUP for Hoggsbreath
parking by Sharon Timmons.
2nd by Myers Frattalone.
Motion carried 5 -1 (Mr. LeMay -no)
(Mr. LeMay stateAthat he was not in favor of allowing parking
on that spot for Hoggsbreath in the beginning and he was still
opposed to parking of any kind on the property by Hoggsbreath.)
Morris Jespersen, 643 LaBore RD. appeared requesting approval for
the "Jespersen Estates Preliminary Plat ". He currently owns 3
properties and this subdivision involves all 3 properties. He
stated that there will be a slight change in the legal description
to correct the small triangle of land that his home is on, which
encroaches on proposed Lot 8. He is also in favor of defining the
out lot as recommended by the City Planner. Mr. Jespersen said he
did not see a need to create a pedestrian easement through the
newly created block. Mr. Nielsen stated that a pedestrian easement
is so pedestrians can have easier access to surrounding streets. He
did not feel it was critical in this case. Mr. Jespersen stated
that there are now 31 homes in the area & he did not feel there was
any need for Ramsey County Soil Conservation Service to be concerned_
Mr. Nielsen stated that it was an area with a high water table.
Mr. Jespersen stated that fill was necessary only to bring lots
up to road level for necessary surface drainage to the road.
Mr. DeLonais made a motion to recommend approval of Jespersen Estate
preliminary plat subject to Planners recommendation except for the
pedestrian easement, which the Planning Commission did not feel was
necessary.
2nd by Joe Vitale.
Motion carried 7 -0.
l�i.i 06
PLANNING COMMISSION
CITY OF LITTLE CANADA
515 LITTLE CANADA ROAD
LITTLE CANADA. MINN. 55117
Minutes con't.
May 6, 1982
Page 3
KROISS Tabled, no one present.
R & S Tabled, no one present.
A & W SIGN Marie Haglund, owner of land leased to A & W requesting
RELOCATION information on where they can place the sign due to the
VARIANCE widening of Rice St. They are being told to move their signs.
Brad stated that according to the Right of Way Acquistion Dept.
of the Highway Dept. the owners have to have signs moved by
the 28th of June. Ms. Haglund was told they had to have the
signs removed by May 24. Mr. Hanson stated that it was brought
to the attention of the Council months ago and he felt the
Council should have leniency in dealing with the business owners
because it is not their fault that the highway is being widened.
Gene DeLonais made a motion to recommend approval of sign variance
to within 5' of side yard and 5' from front yard for A & W
Root Beer site.
2nd by Tom Ducharme.
Motion carried 7 -0.
TACO JOHNS
Gene DeLonais made a motion to recommend to the City Council that the
sign ordinance be changed to read 5' from front yard and 5' from
side yard, and that variance proceedures be waived for all signs
to be relocated on Rice St.
2nd by Tom Ducharme.
Motion carried 7 -0.
Dave Olsen appeared from Taco John's asking when he could legally
relocate his sign. Mr. Hanson stated that he would like to see the
City Council be able to act on the sign relocation matter at the
next meeting. Mr. Nelsen felt the Council could grant the variance
based on a hardship (the highway being widened). He also felt that
those business which currently have 2 signs on Rice St., should be
allowed to only have 1 sign on Rice St. Dave Olsen presented his
plat plan which shows relocation of his existing sign to a spot
on the S. W. corner of his property to 5' from both the front & side
of property lines. He was told he had to move his sign by May 20.
Brad Nielsen stated that a Mr. Bechenbach at 296 -1136 was the person
who said the owners had until June 28th to move the signs.
Mr. DeLonais made a motion to recommend approval of variance for
sign relocation as presented by Mr. Olsen.
2nd by Joe Vitale.
Motion carried 7 -0.
07
PLANNING COMMISSION
CITY OF LITTLE CANADA
515 LITTLE CANADA ROAD
LITTLE CANADA, MINN. 55117
Minutes con't.
May 6, 1982
Page 4
TEXT AMMENDMENT- Zoning Ordinance regarding permit for rental hall in R -B area.
Joe Brinkman, future prospective purchaser of 2 story building
which Tom Krejci owns, appeared stating he would leave upstairs
as offices & renovate it to make it more energy efficient, etc.
He would want to use the lower level for a rental hall. He feels
that they can accommodate parking needs by using parking which
all ready exists & proposed parking which will be added to Krejci's
building. Brad Nielsen stated that the occupancy code calls for
1 occupant per 7 sq. ft. of floor area. According to code it would
require 86 parking spaces for the hall. Tom Krejci stated that he
thought the maximuh load in that building would be 200 occupants.
71 spaces would be needed if the entire Old Little Canada School
building were used for office spaces. If the downstairs were used
for rental hall, there would be a need for 52 spaces for upstairs
offices. Parking for rental hall should be 86 spaces. Sharon
Timmons stated that she was opposed to a-:rental hall in that area.
She felt that the area was a transitional area along that part of
Little Canada Rd. Nr. Hanson stated that he felt that maybe the
owners could not find clients willing to rent, with such limited
parking available.
Art Trevio, caterer, appeared and stated that he did not feel there
would be a problem with parking because the hours of wedding receptions
etc., would not clash with hours of other activities in the area.
Mr. Costa felt that it would be a real hardship to the Fire Dept. to
lose the public parking on the street.
Mr. LeMay stated that he felt the city may have a need for a rental
hall, but not on that site.
Mr. Krejci stated that he felt it was a natural for the building to
be used as a rental hall. Mr. LeMay asked Mr. Brinkman how he
would control the number of cars parked in the area.
Mr. Vitale asked Mr. Brinkman if plans were made to bring the lower
level up to code.for a rental hall. Mr. Brinkman stated that he
would bring everything up to code for a rental hall. Mr. Vitale
asked if there would be a problem with liquor being served close
to school property. Brad Nielsen stated they were 450 ft. from
St. John's Church & school, & approximately 1000 ft. from Little
Canada Elementary school. Brad said he was not sure how a liquor
use in the rental hall falls into Little Canada's liquor use
ordinance.
Mr. Nielsen suggested that maybe the thing to do in regard to a
recommendation to City Council is to give a second alternative if
the recommendation is negative to the rental hall.
Mr. Costa stated that there was already a real problem with parking
for the Fire Department.
(Mr. Fratallone left at 10:00)
Gene DeLonais made a motion to recommend to City Council to
amend Sec. 909.040 of the Little Canada Zoning Code Ordinance to
include rental halls as a conditional use permit within the R -B.
Motion dead for lack of a 2nd.
V() 08
PLANNING COMMISSION
CITY OF LITTLE CANADA
515 LITTLE CANADA ROAD
LITTLE CANADA. MINN. 55111
Minutes con't
May 6, 1982
Page 5
RENTAL HALL CON'T Motion made by Joe Vitale that a rental hall be allowed on that
site with the following conditions:
a) Meeting with recommendations1 thru 11 on the Little Canada
Planners report dated 5 -6 -82.
b) for a 1 year period.
2nd by Gene DeLonais.
Ayes- 3
Nos -3 MOTION DIED
Motion to recommend denial of rental hall on proposed site madety
Sharon Timmons.
2nd by LeRoy LeMay.
Ayes - 3
Nos - 3 MOTION DIED.
Motion to send to City Council without a recommendation made by
Joe Vitale.
2nd by Tom Ducharme.
Ayes - 3
Nos - 3 MOTION DIED. •
Motion to send to Council for Public Hearing without recommendation
from Planning Commission, made by Joe Vitale.
2nd by Torn Ducharme.
Motion Carried 6 -0.
Motion to adjourn made by Tom Ducharme.
2nd by Sharon Timmons.
Motion carried 6 -0.
Meeting adjourned at 10:15.
Submitted by:
Sharon Timmons
Li,. 09
PARK COMMISSION
CITY OF LITTLE CANADA
515 LITTLE CANADA ROAD
LITTLE CANADA, MINN. 55117
A meeting of the Little Canada Park Commission was held at 7:30 p.m. on
April 29, 1982 at the Little Canada City Center, 515 Little Canada Road
in said City.
The following members were present: Bill Sanders, Bev Scalze, Nick Kent,
Carl Spooner, Dan Drake and Jim Morelan.,
Jim Klassen, Community School Services Director for District 623 Schools gave
a presentation on the summer school program being presented by the school dis-
trict and community services. See attached schedule for days and times.
Roseville Recreation will be contracted by the School District to present a
recreation program to all students in the School District regardless in which
community they live. They will not charge a non - resident fee.
In addition to the attached program there will be a physical fitness program
at Kellogg every morning from 8:00 a.m. to 10:00 a.m. for ages 14 -18 for a
$15.00 charge.
Also, Jim Klassen mentioned getting a tennis lesson program together at either
Kellogg or Capital View grades 5 and up. However, this program would be in
cooperation with the City of Little Canada and Jim Morelan will be working out
the details.
Mr. Klassen suggested that the City of Little Canada consider running a shuttle
bus from Little Canada School since there will be no transportation provided
this year and the programs will be at Central Park and Fairview and Parkview,
If the Park Commission would like to have a program in their park, Mr. Klassen
suggested that the City hire a good recreation oriented person for a 1 -4 p.m.
program charging participants for the cost of staff and supplies. An adult
person would cost $8.00 to $10.00 and a college student $4.00 to $6.00 for
staff.
After Mr. Klassen's.presentation, discussion was tabled so Mr. Don Gagne could
make his presentation to the Park Commission. Bev Scalze introduced Mr. Gagne
as President of the Little Canada Historical Society.
Mr. Gagne would like the Park Commission to consider purchasing land from
Mrs. Mostad for the purpose of erecting a monument on the site of the first
privately owned grist mill in the state. Built in 1843 for Ben Gervais on
the creek about 200 ft. off Noel Drive - see attached lay out.
Mr. Gagne and the Historical Society thought it would be appropriate to have a
small park for people to look at the monument, etc. possible bike path, picnic
tables. He said that old roadbed of LaBore Road is still visible by the creek.
Bev Scalze mentioned the possibility of a Lawcon grant from the State which
would be a 50 -50 grant but all applications are due April 30. It was decided
to have Bill Sanders submit an application to the State even though we (Park
Commission) are not sure of the amount of property or money involved.
ti 1.
10
Park Commission Meeting
Page 2
April 29, 1982
Saturday, May 1st at 4 :00 Mr. Gagne and the Park Commission members will meet
at the site to decide what property is involved. After deciding what property
is involved, the Park Commission will decide if they want to have an appraisal
and discuss this with the Attorney.
The discussion was brought back to summer school, and it was decided to let
Jim Morelan handle all the details - cost of bus, tennis program, etc.
Lois Runyon brought up the matter of the Maplewood Puppet Wagon again coming
to Spooner Park.
Jim Morelan moved that the puppet wagon be in the park for 8 weeks at a time to
be worked out with Maplewood. Lois Runyon will make the arrangements. Seconded
by Nick Kent.
'Carl Spooner discussed the flowers in the park and Marco £rattalone will be
compensated for planting flowers in the park, etc. Mr. Spooner also made
reference to flamer Rector being president of the Ramsey County Garden Club
and as Carl's friend perhaps he could help us with additional flowers in the
park both wild and domestic.
Bev Scalze bought to the Park Commission the following possible sub - divisions
in the City for the Park Commission to decide on possible park fees.
1. Old Little Canada School: Possible split of building into some retail,
some professional offices, etc.
Motion made by Lois Runyon that if old Little Canada School is re- sub - divided
the Park Commission recommends adherence to the park fee ordinance. With
either land or cash (if the option is taken by the Council for cash, the Park
Commission would like to discuss the park fee and possibly allow the owners sev-
eral years to pay the park fees.)
Seconded by Nick Kent.
2. Sub- division on County Road B -2 and Edgerton, corner lot to be divided into
4 lots.
Moved by Jim Morelan to charge park dedication fees in adherence of the park
fee ordinance.
Seconded by Bill Sanders.
3. Jespersen Sub - division on Payne Ave. - 8 lots
Moved by Jim Morelan to charge park dedication fees in adherance of the park fee
ordinance. Seconded by Dan Drake.
Bev Scalze will explain to the Council that in the case of Jespersen Sub- division
other land owners along this development will be asked for land.
Jim Morelan broughtup the plaque for the bandstand, the cost is $675.00 and the
City Council felt that this was too much. Jim, at the Park Commission recommendation,
will look at smaller plaques or possibly a granite plaque instead of cast bronze.
Adjourned at 9:50 p.m.
11
Office of:
JOSEPH G. CHLEBECK, Clerk
515 Little Canada Road
Little Canada, Minn. 55117
484 -2177
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
NOTICE OF PUBLIC HEARING
ON PROPOSED IMPROVEMENTS
CITY OF LITTLE CANADA
1982
MAYOR
Raymond Hanson
COUNCIL
Michael Fahey
Beverly Scalze
Dennis Forsberg
Mugs Nardini
Notice is hereby given that the Council of the City of Little Canada, Minnesota will
hold a public hearing on Wednesday, May 26, 1982, at 7:30 p.m. in the Council Chambers
of the City Center, 515 Little Canada Road, to consider the making of the following
improvements:
Improvement 82-6
IONA LANE from Rice Street to cul-de -sac
BY: Watermain and Street Restoration
The Estimated Cost is $63,747.00.
Improvement 82 -7
REIDMOND LANE from Dianna Lane to cul -de -sac
DIANNA LANE from County Road B2 to Reidmond Lane
BY: Watermain and Street Restoration
The Estimated Cost is $38,583.00.
Improvement 82 -8
CENTERVILLE ROAD from LaBore Ave. to Allen Ave. (extended)
BY: Watermain and Street Restoration.
The Estimated Cost is 882,413.00
The oeneral nature and location of these improvements is amplified in the preliminary
engineering report on file with the City Clerk.
The area proposed to be assessed for such improvements is all lots and tracts of
land abutting said streets to be improved.
All pursuant to Minnesota Statutes 429.011 to 429.111 (Laws 1953 Chapter 398 as
amended).
Such persons as desire to be heard with reference to the proposed improvement will
be heard at this hearing.
Joseph G. Chlebeck
City Clerk
r,.
Elizabeth W Tschida
91 Iona Lane
St. Paul, MN 55117
Leonard A Dojnik ET AL
81 Iona Lane
St. Paul, MN 55117
Marvin N T Lee ET AL
71 Iona Lane
St. Paul, MN 55117
Robert 'M Sternal ET AL
61 Iona Lane
St. Paul, MN 55117
T R Bergstrom ET AL
Bergstrom, Theodore R.
51 Iona Lane
St. Paul MN 55117
Phyllis L & Milo A Wolf
41 Iona Lane
St. Paul MN 55117
Donald G & Kathleen R
Pierce
30 Iona Lane
St Paul MN 55117
Norman J Osland ET AL
40 Iona Lane
St. Paul, MN 55117
Kenneth V Kennedy ET AL
31 Iona Lane
St. Paul MN 55117
82 -6
IONA LANE
George L & Jean M Gregory
50 Iona Lane
St. Paul MN 55117
H A Bjorklund ET AL
60 W Iona Lane
St. Paul MN 55117
Ralph A Nadeau Linus Nadeau
James A Nadeau Louis &
Bernard Nadeau
777 Raymond Ave.
St. Paul MN 55117
Virgil E Nelson ET AL
70 Iona Lane ._.
St. Paul MN 55117
Francis P Gau ET AL
80 IOna Lane
St. Paul, MN 55117
Enola L Bruce
Vicki L Samels
90 IOna Lane
St. Paul MN 55117
AT
l Ug nOfdeers 4aH8Survol ri'
AUL `SAUK.CENTH St,ttOUD
500 West Highway 96
St. Paul, Minnesota 55112
4843301
PRELIMINARY REPORT
City of Little Canada
Improvement 82 -6
400 E. Si Germain St.
St. Cloud, Minnesota 56301
251-7751
LOCATION: Iona Lane
314 Oak Street
Sauk Centre. Minnesota 56378
352 3664
NATURE OF
IMPROVEMENT: Watermain & Street Restoration
INITIATION: Petition
R.O.W: None Required
FEASIBILITY: This improvement is feasible.
FINANCING: Estimated Cost
Construction $ 43,838.00
Contingency 4,384.00
Legal 877.00
Fiscal 877.00
Administration 877.00
Engineering 6,576.00
April 21, 1982
TOTAL ESTIMATED COST $ 57,429.00
Capital Interest 6,318.00
TOTAL $ 63,747.00
Stephen & Barbara L
Katainen
2360 Dianna Lane
St Paul MN 55117
Ronald 8 & Vicki L &zoscbel
Jon R & Bonnie Pope
4215 Clark Circle
St. Paul MN 55110
Jasper C & May Hammond
William J & Joan C Seim
405 Brooks Ave. W
St. Paul MN 55117
Jasper^C & May Hammond
P 0 Box 72
Sun Valley, Idaho 83353
Jasper C & May Hammond
Ronald J & noxie Foyt
P 0 Box 8011
St. Paul MN 55113
James R & Judith M Vitale
2442 Matilda Court
St MN 55113
A R Properties Co
1112 Amble Dr
St. Paul MN 55112
Eugene D misukani» &
Marianne A nrKernac
1885 North Park Drive
6t, Paul, MN 55119
Robert a & Glenellyn S
Braun
2397 Dianna Lane
St' Paul, MN 55117
Jasper C & May Hammond
Richard J Ivance MD
2370 Dianna Lane
St' Paul MN 55117
SQCIATsC &,"it
.MWmtlg EhgUKCr, —EM5! ctouD '
SI PAUL SAUKftiNYRE SiJEtOUD '.
500 West Highway 96
St. Paul, Minnesota 55112
484.3301
PRELIMINARY REPORT
City of Little Canada
Improvement No. 82 -7
400 E. S1. Germain St.
St. Cloud, Minnesota 56301
251-7751
LOCATION: Reidmond Ave.
NATURE OF
IMPROVEMENT: Watermain and Street Restoration
314 Oak Street
Sauk Centre. Minnesota 56378
3523664
April 26, 1982
INITIATION: Petition
R.O.W.: None Required.
FEASIBILITY: This improvement is feasible.
FINANCING: Estimated Cost
Construction . . . . . . . . . . . $ 26,533.00
Contingency 2,653.00
Legal 531.00
Fiscal 531.00
Administration 531.00
Engineering 3,980.00
TOTAL ESTIMATED COST
Capital Interest
TOTAL
1'7
$ 34,759.00
3,824.00
$ 38,583.00
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18
112
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C-7
P E T I T I 0 N
FOR IMPROVEMENT
City Council
City of Little Canada , 19
We, the undersigned, owners of not less than 35 per cent in frontage of the real
property abutting on ci n N
A t-/FARift
hereby petition that such streets be improved by
i T11
/4- 4 '1 , 11 t.)
0
pursuant to Minnesota Stets., Secs. 429.011 to 429.111.
Signature of Owner
).)
2.
3.
4.
James Vitale
Description of Property Estimated
footage
.4.1!--)t- r1 , / = 132 rt
1)--t /7' 47— / r 146 ft'
zor 5 /Ant / r 83 ft
Lot-6- Blk-1- = 65 ft
0
5. Gene Rindelaub Lot-4- Blk-1- t 86 ft
6.
7.
8.
512 ft.
Filed with the Clerk of the City of Little Canada, Minnesota this P 3 day of
City Clerk
-er-Thr,%7a) Iln.?fl ,177‘
..-;..1
APR 23 1982
CITY OF
LITTLE CANADA
19
PETIT I O N
F O R I M P R O V E M E N T
City Council
City of Little Canada , 19
We, the undersigned, owners of not less than 35 per cent in frontage of the real
property P Y abutti ng on di-RD O /I (-7 i—) VI;
hereby petition that such streets be improved by /:)(1C// Ti Al
pursuant to Minnesota Stats., Secs. 429.011 to 429.111.
Signature of Owner ,`Description of Property
1. �-j%nz f /1
3.
4.
5.
6.
7.
8.
<�` C #6 Aff /
0
Filed with the Clerk of the City of Little Canada, Minnesota this 3 day of
, 19��.
C C�
WYOMING DENTAL OFFICE
P01eeri ///�C�. _ z ersoyn��, CC2.2.S.
gene C Kindelaub, vU2LS., PA.
5305 EAST VIKING BOULEVARD
WYOMING. MINNESOTA 55092
TELEPHONE 462 -5150
May 5, 1982
City Clerk
Little Canada City Hall
Dear Sir:
I would like to express my opinion as being in
favor of putting city water on Reidmond Ave. in Little
Canada. I own lot # 4 on Reidmond Ave. and will be
building this summer and the addition of water would
greatly benefit me.
Thanks.
Sincerely,
PETIT I. 0 N
F O R I M P R O V E M E N T
-7
City Council
City of Little Canada , 19
the u- dersig-ned, owners of not less than 35 per cent in frontage of the real
property abutting on
!C TtdMONd AVFA
F
hereby petition that such streets be improved by l3 d ri , �-, ,, ;
IA/ /TFr_
pursuant to Minnesota: Stats., Secs. 429.011 to 429.111.
Signature of Owner Description of Property
2. I 1
3.
%
5.
6.
7-
8.
��c -i Ry .ter /
X. /
/07 S Duet
a
Filed with the Clerk of the City of Little, Canada, Minnesota this raj 3 day of
,19 ?0.
City Clerk
Tgairn
APR 23 1982
CITY OF
LITTLE CANADA
•
82 -8
CENTERVILLE ROAD
Stephen C. Hallgren
005 E. Centerville Rd.
Vt. Paul, MN 55117
M Frattalone ET AL
2939 Centerville Rd.
St. Paul, MN 55117
lonald E. & Norma L. Rush
003 E. Centerville Rd.
;t. Paul, MN 55117
Raymond G. Carle, Sr.
Gertrude L Carle (L EST)
2947 Centerville Rd.
St. Paul, MN 55110
talph A. Nadeau Et Al
f S Sweitzer & Sons Inc
'77 Raymond Ave.
>t. Paul, Mn 55114
Michael J & Phyllis D
Valento
2959 Centerville Rd.
St. Paul, MN 55117
'atrick & Anthony & Joseph
Sam & Eugene Fasciana ET Al
?901 Condit St.
3t. Paul, MN 55117
Raymond J & Patricia M
Adrian
2973 Centerville Rd.
St. Paul, MN 55117
Thomas F. DuCharme
?885 Centerville Rd.
3t. Paul MN 55102
Francis J McLellan
2979 Centerville Rd
St. Paul, MN 55117
State of Minnesota
Prust Exempt
109 Court House
3t. Paul, MN 55102
Florence A Bi be au
2910 Centerville Rd.
St. Paul, MN 55117
Roger P. Reiter ET Al
2905 Centerville Rd.
St. Paul, MN 55117
Russell L & Elaine E
Valentine
2921 Centerville Rd.
St. Paul, MN 55117
M M Frattalone ET Al
2939 Centerville Rd.
St. Paul, MN 55117
l
2 :3
�AssactAi'ES `Ia
Ceo,u9ing Engine•, tond Surveyor*
$t PAUL .:SAUK CENTRE St CLOUD
500 West Highway 96
St. Paul, Minnesota 55112
4843301
400 E. S1. Germaln•St.
SL Cloud, Minnesota 56301
251-7751
PRELIMINARY REPORT
City of Little Canada
Improvement 82 -5 A
314 Oak Street
Sauk Centre. Minnesota 56378
3523664
April 21, 1982
LOCATION: Centerville Rd. from Labore Rd. to 16" trunk watermain
NATURE OF
IMPROVEMENT: Watermain and Street Restoration
INITIATION:
R.O.W.: None Required
EASEMENTS: None Required
FEASIBILITY: We are recommending that the City Council call for a
hearing on this alternate. This improvement would
not end in a dead end but would close a loop.
FINANCING: Estimated Cost
Construction $ 56,675.00
Contingency 5,668.00
Legal 1,134.00
Fiscal 1,134.00
Administration 1,134.00
Engineering 8,501.00
TOTAL ESTIMATED COST
Capital Interest
TOTAL
$ 74,246.00
8,167.00
$ 82,413.00
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
Office of:
JOSEPH G. CHLEBECK, Clerk
515 Little Canada Road
Little Canada, Minn. 55117
484 -2177
To Whom It May Concern:
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
AMENDMENT TO
LITTLE CANADA ZONING ORDINANCE
MAYOR
Raymond Hanson
COUNCIL
Michael Fahey
Beverly Sca'ze
Dennis Forsberg
Mugs Nordin)
Notice is hereby given that the Council of the City of Little Canada,Minnesota,
will hold a public hearing on the 26th -day of May,1982, at -8:15 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.
TO AMEND SECTION 909.040 OF THE LITTLE CANADA ZONING ORDINANCE TO
INCLUDE RENTAL HALLS AS A CONDITIONAL USE WITHIN THE R -B- DISTRICT.
( R- B- district is a Residential Business District.)
All persons desiring to be heard with reference to this matter will be
heard during this hearing.
NORTHWEST ASSOCIATED CONSULTANTS INC.
MEMORANDUM
TO: Little Canada Planning Commission
FROM: Alan Brixius /Brad Nielsen
DATE: May 6, 1982
RE: Zoning Ordinance Amendment - Rental Halls
FILE NO: 758.09 (82.13)
DEFINITION
Rental Hall. A structure or portion thereof made available for compensation
for private use by groups for assembly, for prearranged periods of time.
PARKING REQUIREMENT
30. Rental Hall. One (1) offstreet parking space per every twenty -four
(24) square feet of main assembly area and one (1) space for each
eighty (80) square feet of kitchen area.
CONDITIONAL USE
909.040. Conditional Uses. (Requires a conditional use permit based upon the
procedures set forth in and regulated by Section 921 of this Ordinance.)
I. Rental halls, neighborhood or community centers, provided that:
1. Side yards shall be doubled that required for the district where
abutting a residential district, but no greater than thirty (30)
feet.
2. The site and related parking and service entrances are served by
an arterial or collector street of sufficient capacity to accommodate
the traffic which will be generated.
3. Adequate off - street parking is provided in compliance with Section
903.050 of this Ordinance.
4. Adequate off - street loading is provided in compliance with Section
903.060 of this Ordinance.
5. Vehicular entrances to parking or service areas shall create a
minimum of conflict through traffic movement.
4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925 -9420
Little Canada Planning Commission
May 6, 1982 Page Two
6. When abutting a residential zoning district a fence along the
shared property line in compliance with Section 903.020 F.
of this Ordinance shall be required.
7. When abutting a residential zoning district, a buffer area
with screening and landscaping in compliance with Section
903.020 G. of this Ordinance shall be required.
8. It shall be permissable to serve food and meals on such pre-
mises provided the structure shall be in compliance with
State regulations and the State Building Code.
9. The sale of intoxicating liquor shall be prohibited. However,
the serving of alchoholic beverages on the premises shall be
permitted provided the hall obtains a consumption - display
permit from the State Liquor Control Commission pursuant to
Minnesota Statute Section 340.119 and a City permit in com-
pliance with City codes.
10: For events where alchoholic beverages are served on the pre-
mises the hall shall employ the services of an off duty pol-
ice officer for supervision.
11. The conditional use permit shall be reviewed annually by
the City Council.
28
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
Office of:
JOSEPH G. CHLEBECK, Clerk
515 Little Canada Road
Little Canada, Minn. 55117
484 -2177
To Whom It May Concern:
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT FOR A
PLANNED UNIT DEVELOPMENT
GERVAIS CREEK OFFICE BLDG.
MAYOR
Raymond Hanson
COUNCIL
Michael Fahey
Beverly Sca,ze
Dennis Forscerg
Mugs Nardini
Notice is hereby given that the Council of the City of Little Canada,Minnesota,
will hold a public hearing on the 26th day of May, 1982, at 8:30 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: Grant a Conditional Use Permit for a Planned Unit
pertaining to the Gervais Creek Office Building.
Location. 433 Little Canada Rd. ( Old Little Canada School)
Legal
The SW4 of the SW4 of Sec. -5- ,Twn- 29- R -22 -W-
bounded on the S by the S line of sd sec -5-
on the E by the E line of the SW;: of SW4 of
Sec. -5 -, on the N by Gervais Greek,so called
and on the W by the ELY line of ST. Paul Waterworks
right -of -way.
Applicant Thomas Krejci.
All persons desering to be heard with reference to this matter will be heard during
this hearing.
U .. 29
.. to
Joseph G. Chlebeck
Clerk
City of Little Canada
Independent School Dist. 623
1251 W. Co Rd B2
Roseville, Mn55113
St. Johns Church
380 Little Canada Rd
Little Canada, Mn 55117
Florienne itossez
2626 McMenemy Rd
Little Canada Mn 55117
Joseph T. Collova
2620 McMenemy Rd
Little Canada Mn 55117
City of St. Paul
Water Department
25 W 4th St
City Hall Annex
St. Paul, Mn 55102
Maryhouse
450 Little Canada Rd
Little Canada, Mn 55117
St. Johns Cemetary
380 Little Canada Rd
Little Canada, Mn 55117
Leo S & Victoria M.Rausch
469 Little Canada Rd
Little Canada, Mn 55117
Norman L. Strohbeen
465 Little Canada Rd
Little Canada Mn 55117
Steven C. Lolita Keck
1766 St. Mary's Ave.
Falcon Heights, Mn 55113
Mary Ellen Fairbanks
2707 Noel Dr
Little Canada Mn 55117
Emil A & Joyce B Behr
2717 Noel Dr
Little Canada Mn 55117
Joseph Collova
2588 McMenemy Rd
Litrle Canada Mn 55117
St. John's Credit Union
400 Little Canada Rd
Little Canada Mn 55117
Bernard H & Lucille A Nadeau
2669 Noel Dr
Little Canada Mn 55117
(1,.; . 30
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
Office of:
JOSEPH G. CHLEBECK, Clerk
515 Little Canada Road
Little Canada, Minn. 55117
484 -2177
To Whom It May Concern:
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
JESPERSEN ESTATES
PRELIMINARY PLAT
MAYOR
Raymond Hanson
COUNC;L
Michael For ay
Beverly Sca,:e
Dennis Fors'::e q
Mugs Nardini
Notice is hereby given that the Council of the City of Little Canada,
Minnesota, will hold a public hearing on the 26th day of May, 1982 at 8 :45
o'clock p.m. in Council Chambers of the City Center located at 515 Little
Canada Road in said City to consider the following:
PROPOSAL: Approve Jespersen Estates Preliminary Plat.
Lots 1 thru 8
LOCATION:
LEGAL:
East of and abutting Payne Ave.
223 ft. M -O -L North of LaBore
2,100 ft. M -O -L South of Co. Rd. D.
That part of Lot 2, Auditors Subdivision No. 43
Ramsey County, Minnesota, described as follows:
Commencing at the Southeast corner of said Lot 2;
thence southwesterly along the southerly line of
said Lot 2, a distance of 200 ft; thence North
parallel with the east line of said Lot 2 a dis-
tance of 953.00 ft. to the point of beginning
of the land to be described; thence East at
right angles a distance of 144.00 ft; thence
South parallel with the East line of said Lot 2
a distance of 720.00 ft; thence West at right
angles a distance of 144.00 ft; thence North at
right angles a distance of 720.00 ft. to the point
of beginning.
APPLICANT: Morris G. Jespersen
All persons desiring to be heard with reference to this matter will be
heard during this hearing.
The proposed plat is available for review at the City Center during normal
business hours, Monday thru Friday, 8:00 a.m. to 4:30 p.m.
/f
Jos ph G. Chlebeck
Clerk
.„e
waNton
Veeramallay
2957 Payne Ave.
St Paul Mn 55117
Hubert A. & Kathryn Garske
601 LaBore RD
Little Canada, Mn 55117
James M & Constance M.Anderson
2921 Payne Ave.
St Paul Mn 55117
Morris G. & Beverly A.Jespersen
643 LaBore Rd.
St Paul Mn 55117
Empire Building Corp.
636 LaBore RD.
St Paul Mn 55117
Marlowe Faye Mumm
623 LaBore Rd.
St..Paul Mn 55117
Joy Frances Johnson
622 LaBore RD.
St Paul Mn 55117
Charles V. & JoAnn Hernandez
614 LaBore Rd.
St Paul, Mn 55117
John W. & Florence Radford
685 Keller Pkwy
St Paul Mn 55117
William G. & Patricia Joslin
2985 Payne
St Paul Mn 55117
Jerry K. & Marlys A. Heffron
2991 Payne Ave.
St Paul Mn 55117
Douglas L. & Mary C. Peterson
2995 Payne Ave.
St Paul Mn 55117
'.ernon L 6 Dorothy M. Hinson
2940 Edgerton
St Paul 141 55117
1 Leo B. Herkenhoff
2946 Edgerton
St Paul ion 55117
Joseph A. Sr 8 Darlene L.
Flebiger
2972 Edgerton St.
St. Paul, It 55117
Dennis K. 8 Pamela Forsberg
2906 Edgerton
St Paul M, 55117
Carl F. Spooner
2914 Edgerton
St Paul H, 55117
Geroge R e Dorothy Stedt
2924 Edgerton
' St Paul Mn 551117
Archie D. 8 Jean M Smith
613 Lahore Rd
St Paul It 55117
Warden B. 8 Mary R. Orchard
2880 Edgerton
St Paul Mn 55117
John F. Thill
2888 Edgerton
St Paul M, 55117
Harriet Libby
2900 Edgerton
St. Paul Mn 55117
Leland D. 8 Denise M.
McLaughlin
2978 Payne Ave
St Paul Mn 55117
Floyd J. Molzschuh 8
C. Bolzschuh 8 R.Holzachuh
• 23020 Everton Court
Forest lake, M, 55025
Thomas M. 8 Carol J. Chudzik
633 LaBore Rd
St Paul MI 55117
William J. Joopersen
2954 Payne Ave
St Paul M, 55117
Stephen J. 8 Susanne Wosterhnun
'2960 Payne Ave
St Paul Mn 55117
Lawrence S. 8 Susan Donovan
2968 Payne Ave.
St Paul Mn 55117
Rene G 8 Inge Melancon
685 LaBore Rd
St Paul Mn 55117
Donald J. Valento
665 LaBore Rd
St Paul Mn 55117
Louis W. 8 Mary L. Germain
657 Ladoro RD
St Paul Mn 55117
Paul 8 Mary Kontecki
656 LaBore Rd
St 'Paul MI 55117
Homer G. Dole
672 LaDore RD. .
St Paul Mn 55117
33
kesidunt
359 E. Co Rd 8
St Paul Mn 55117
Joseph C. Stcyneke
693 Lenore 1d
St Paul Mn 55117
James A. 8 Janet E. Iiighum
2965 Payne Ave.
St Paul M, 55117
Raymond 6 Elaine E. Martin
2973 Payne Ave
St Paul M, 55117
John Bradley
Rita Leopold Mills
2979 Payne Ave
St Paul Fin 55117
Frederick P. 8 Ellen Hemmer
666 tailors RD.
St Paul Mn 55117
Richard T. 6 Jeanne Manly
670 latiore Rd
St Paul Fin 55117
Donald A. 8 Debra A. Sinnn
2929 Payne Ave.
St Paul Fin 55117
James J. 8 Cassandra Barry
2935 Payne Ave.
St Paul M, 55117
Loc. P. 8 Kiev Mein T Le
2943 Payne Ave.
St Paul Mn 55117
Grnnada Home Builders
5440 Hilltop Ave.
Lake Elmo, Mn 55042
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
Office of:
JOSEPH G. CHLEBECK, Clerk
515 Little Canada Road
Little Canada, Minn. 55117
484 -2177
To Whom It May Concern:
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT
PARKING LOT EXPANSION
G
MAYOR
Raymond Hanson
COUNCIL
Michani Far. ev
Beverly Sea: ze
Dennis Forsterg
Mugs Narc: :nl
Notice is hereby given that the Council of the City of Little Canada,Minnesota,
will hold a public hearing on the 26th day of May 1982, at 9 :00 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: Grant a Conditional Use Permit for a Parking Lot expansion.
LOCATION 240 ft. M -O -L- East of Rice St.
120 ft. M -O -L- North of Demont.
PROPOSED
LEGAL The North -80- ft - M -O -L- of Lot- 1- BLK -1- Trowbridge Add.
APPLICANT. Thomas Duray.
All persons desiring to be heard with reference to this matter will be heard
during this hearing.
A proposed site plan is available for review at the City Center during normal
business hours; Monday thru Friday- 8:00 A.M. to 4:30 P.M.
v Jos ph G. Chlebeck
Clerk
34
Flemebur gor inc.
933 Mlnnehnha Ave. W
St Paul Mn 55104
Second Stevenson Prop. Corp.
2828 Haskell Ave. N.
Dallas Texas 75221
Ralph V & Marguerite Nordin'
405 Co Rd E
Roseville Mn 55113
Edward C. Anderson eta!
2550 N. Rice St.
Little Canada, Mn 55113
James 8. Vellleux etal
57 W. Demont
Little Canada, Mn 55117
Hazel N Peterson eta!
65 W. Demont
Little Canada, Mn 55117
Harold J & Rosemary W. Spies
2490 Rice St.
Little Canada Mn 55113
Jack J. Janes
2535 Rice
Roseville Mn 55113
Lloyd R Burback
2545 Rice St.
Roseville Mn 55113
Ed Cnve & Sons Inc.
2301 Woodbridge
Roseville Mn 65113
State of Minn.
Ramsey Co.
109 Court House
St. Paul Mn 55012
Daniel L & Valerie D Byrne
78 W. Demont Ave. W.
St Paul Mn 55117
Terrace Heights Mobile Perk
2442 Rice
Little Canada, Mn 55113
Rudolph A & Mark Burkgren
2558 Rice
Roseville Mn 55113
Vadnals Construction Inc.
Box 2386
St. Pdnl, Mn 55106
Little C Inc.
1086 Sberren W.
St Paul Mn 55113
Vernon W. Thompson &
Jean E. Thompson
2571 Rice St.
Roseville Mn 55113
City of Roseville
2660 Civic Center Dr.
Roseville Mn 55113
Hoggsbreath Disco
2504 N.Rice
Little Canada Mn 55113
R r adys
2500 N.Rice
Little Canada Mn 55113
Path Bros Fuel
1895 Cluck Lane
Roseville Mn 55113
An dert
162 W. Co Rd 02
Roseville Mn 55113
Illechl
2393 Rice
Roseville Mn 55113
Schocwe
2 Evergreen Rd
St. Paul Mn 55110
Tschida
157 Grandview
St. Paul Mn 55113
( THOMAS DURAY HEARING )
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VISION
e
Office of:
JOSEPH G. CHLEBECK, Clerk
515 Little Canada Road
Little Canada, Minn. 55117
484 -2177
To Whom It May Concern:
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
AMENDING SECETION 922.010
OF THE ZONING ORDINANCE
MAYOR
Raymond Hanson
COUNCIL
Michael Fahey
Beverly Sca'ze
Dennis Forscerg
Mugs Nate lni
Notice is hereby given that the Council of the City of Little Canada,Minnesota,
will hold a public hearing on the 26th day of May,1982,at 9:15 o'clock P.M. in
the Council Chambers of the City Center to consider the following.
To amend Sec. 922.010 of the Zoning Ordinance to provide for
variance procedures in a situation caused by property being
taken by Public Authority.
All persons desiring to be heard with reference to this matter will be heard
during this hearing.
37
•
Joseph G. Chlebeck
Clerk
ORDINANCE NO. /lid;;-
AN ORDINANCE AMENDING SECTION 903.110 OF THE
ZONING CODE OF THE MUNICIPAL CODE OF THE CITY
OF LITTLE CANADA, BY ADDING SECTION 903.110, G.,
PROVIDING FOR A WAIVER OF THE REQUIREMENTS AS
TO THE LOCATION OF SIGNS
THE CITY COUNCIL OF LITTLE CANADA HEREBY ORDAINS AS FOLLOWS:
Section 1.
Section 903.110 of the Zoning Code of the Municipal Code
of the City of Little Canada is hereby amended, by adding
Paragraph G., to read as follows:
"G. Waiver of Requirements as to Location of Signs.
In the event that a project of the Minnesota Department
of Transportation changes the legal status of an existing
sign or necessitates the removal and relocation of signs
within the City, the City Council may waive the prohibitions
and the requirements of Section 903.110 relating to the
location of such signs by granting a variance. The Council
may consider all requests simultaneously and may grant one
variance applying to all signs similarly affected or
situated."
Section 2.
This ordinance shall take effect and be in force from and
after its passage and publication.
Passed by the City Council of Little
Canada this day of , 1982.
Raymond Hanson, Mayor
Attest:
Joseph G. Chlebeck, Clerk Ayes --
Nays --
38
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
Office of:
JOSEPH G. CHLEBECK, Clerk
515 Little Canada Road
Little Canada, Minn. 55117
484 -2177 I
TO WHOM IT MAY CONCERN:
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
AMENDMENT
TO
LITTLE CANADA ZONING
ORDINANCE
MAYOR
Raymond Hanson
COUNCIL
Michae'. Fahey
Beverly Sra!ze
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 26th day of May 1982,at 9:15 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.
TO AMEND SECTION - 903.110 -5- -c -(1) of the Little Canada zoning
ordinance to permit freestanding signs be located within -(5)-
feet of the property line.
All persons desiring to be heard with reference to this matter will be heard
during this hearing.
Joseph G. Chlebeck
Clerk
1
1
1
1
1
1
1
1
1
1
5. "8 -2" through "8 -W ", and "1 -1" Districts:
a. The maximum number of signs on any principal building shall be two (2) and in all cases
each sign shall be placed on separate wall (frontage). The maximum area for wall signs
shall be determined by taking ten (10) percent of the gross silhouette area of the front of
the building. Where the principal building is on a corner lot and thus faces two (2) public
streets, both sides may be counted. If, however, the building has only one (1) frontage and
the owner elects to erect two (2) signs, the total square footage of both signs mcy not exceed
the maximum allowable square footage determined from the front building silhouette.
For purposes of determining the gross area of the silhouette of the principal building, the
silhouette shall be defined as that area within an outline drawing of the principal building
as viewed from the front lot line or from the related public street(s).
In addition to wall signs, freestanding signs may be utilized, or a combination of both. In
no case, however, shall more than one (1) pylon sign or combination of two (2) signs be
displayed.
b. Conditional Uses. In the case of a shopping center where there are two (2) or more business
uses, o conditional use permit shall be granted to the entire shopping center in accordance
with overall site plan irdicating the size, location and height of all signs presented to the
Planning Commission. A nwximum of ten (10) percent of the gross areo of the building
silhouette shall apply to the principal building where the aggregate allowable sign area is
distributed among the several businesses. In the case of applying this conditional use permit
to a shopping center, the shopping center may have two (2) freestanding signs identifying the
shopping center which is in conformance with this Ordinance.
For purposes of determining the gross area of the silhouette of the principal building, the
silhouette shall be defined as that area within an outlir•.e drawing of the principal building
as viewed from the front lot line or from the related public street(s).
c. Freestanding Signs. All freestanding signs shall conform to the following provisions:
(1)
Location. No freestanding sign shall be located within fifteen (15) feet of the property
line. In the case of a corner lot, both sides fronting on a public right -of -way shall be
deemed the front.
(2) Parking Areas, Driveways. No part of the freestanding signs shall be less than five (5)
feet from any driveway or parking area.
(3) Area, Height Regulations.
Area Height
Road Classification Speed (So .Ft.) 'Feet)
Collector 30 25 16
35 50 20
45 100 24
Minor Arterial
Principal Arterial
30 50 18
35 100 22
45 150 26
55 200 30
40
(41 Definitions. Definitions of road classification apply as defined by the official
Comprehensive Plan as adopted.
(51 Application. The level of which the sign control system applies is determined by
the type of road, as defined above, which directly abuts the subject property.
In the case of subject property directly abutting more than one (1) road or street,
each designated by a different road classification type, the less restrictive shall
apply in determining sign area and height.
Actual sign height is determined from lot grade or averaged with the grade of the
road from which the sign gains its principal exposure.
Area as determined by the above formula °polies to one (11 face of a two -faced
freestanding sign, or two (2) faces of a four -faced sign, etc.
F. Fees and Licenses.
1. Fees.
a. Payment Fees. The permit fee and other fees and charges set forth in this Ordinance shall
be collected by the City before the issuance of any permits and the City Clerk, Building
Official, or other persons duly authorized to issue such permit for which the payment of a
fee is required under the provisions of this Ordinance may not issue a permit until such fee
has been paid.
b. Double Fees. If a person begins work of any kind for which a permit from the City is required,
without having secured the necessary permits therefore, either previous to or on the date of
commencement of such work, he shall, when subsequently securirg such permit, pay double
the fee provided for such permit, or is subject to the penalty provisions of this Ordinance.
c. Fees Required. Sign applications and subsequent fees will be required for all signs which do
not appear in 903.110, B. above (Permitted and Prohibited Signs). Fees shall not be required
for repairs of signs and sign structures.
d. Initial Fees. The City Council shall, from time to time, establish a fee schedule by resolution.
e. Special Permit Fees. Special permit fees shall be assessed for all attention seeking devices
as described in C.4. of this subdivision. The fee shall be determined by resolution of the
City Council.
3
trvNHESolt
e,
OF TRPayQ
May 17, 1982
Minnesota
Department of Transportation
Transportation Building
St. Paul, Minnesota 55155
Mr. Brad Nielsen
Planning Consultants
4820 Minnetonka Blvd.
Suite 420
Minneapolis, Minnesota 55416
Room 511
In reply refer to: 360
S.P. 6214 (49 =126) 902 *90 -181
Ramsey County
State vs. Helen Malaske - Hoggsbreath Enterprises, Inc.
Dear Mr. Nielsen:
Phone 296 -851
This is in reference to our telephone conversation relative to the removal of
signs on Trunk Highway 49 in Little Canada.
The Department of Transportation is taking title and possession on May 24,
1982 as to the property acquired in the above referenced proceedings. Vacation
notices will be sent by the department that will allow the signs to stay until
June 28, 1982.
Should you need assistance or information regarding these acquisitions in
the future surely feel free to again contact our department.
Sincerely,
,7/ /'7> ,1v2HO`ry
W. M.'Swanson, Acquisition Engineer
Office of Right of Way
43
An Equal Opportunity Employer
ORDINANCE NO. 43
AN ORDINANCE AMENDING SECTION 903.110 E. 5.c. (1) AND
(2) ALLOWING BUSINESS SIGNS TO BE LOCATED CLOSER TO
PROPERTY LINES AND PARKING AREAS.
THE COUNCIL OF THE CITY OF LITTLE CANADA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Municipal Code of Little Canada, Section 903.110 E.
5.c. (1) is amended to read as follows:
"(1) Location. No freestanding sign shall be located within five
(5) feet of a property line."
Section 2. The Municipal Code of Little Canada, Section 903.110 E.
5.c. (2) is amended to read as follows:
"(2) Parking Areas, Driveways. No part of any freestanding sign
shall be located so as to take up required parking space."
Section 3. This Ordinance shall take effect and be in force from and
after its passage and publication.
Mayor
Passed by the Council of the City
of Little Canada this day
of , 1982
Clerk
NORTHWEST ASSOCIATED CON MT 'fl-S INC.
MEMORANDUM
T0: Little Canada Mayor and City Council
FROM: Brad Nielsen
DATE: 10 May 1982
RE: Rice Street Signs
FILE NO: 758.09 (82.07)
Recent calls from businessmen whose signs are affected by the Rice Street
Improvement Project have indicated that the State has advised them to remove
their signs by 20 May 1982. We contacted the Minnesota Department of Trans-
portation to verify the deadline for vacation of the right -of -way. We were
informed that the State will take title to the right -of -way on 24 May 1982.
Affected property owners then have 30 days to vacate the property. The State
will send out notices to this effect in the near future.
Although the Council stated that all variances necessitated by the Rice Street
Improvement Project would be handled on a case by case basis, there seems to
be a feeling that the property owners on Rice Street should not have to go
through formal variance procedures. If the Council is inclined to take all the
variances in a group, the following comments and suggestions should be con-
sidered regarding freestanding signs.
The sign regulations in the Zoning Ordinance primarily control three aspects
of signs - size and height, location and number of signs. When we inspected
the signs on Rice Street, it was noted that most, if not all, of the affected
signs on Rice Street will require some sort of variance to be relocated. For
the most part, the variances involve location of the sign. The sign regula-
tions currently require a setback of 15 feet from the property line and five
feet from any parking area. These requirements have proven to be somewhat
unworkable, not only for the Rice Street area, but for the entire City. As
mentioned in the past, we are suggesting an amendment to the Ordinance to
allow freestanding signs within five feet of a property line. Signs could
also be located in or near parking areas as long as the sign did not take up
required parking space. A draft of this amendment has been attached to this
report for your review.
Size of signs on Rice Street is not viewed as being a critical issue. While we
could not determine the exact sizes of the signs during our inspection, most
appear to be within the area requirements of the Ordinance. As such, the reloca-
tion of existing signs is not considered a problem. If new signs are to be
erected in place of existing, the new signs should conform to the area require-
ments of the Ordinance.
4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925 -9420
Little Canada Mayor and City Council
10 May 1982 Page Two
More than any other aspect of signage, the number of signs can do more to
promote visual clutter than size or location. For this reason, the sign
regulations limit freestanding signs to one per property, except for
shopping centers, which may be allowed two by conditional use permit. Out
of the eleven affected property owners on Rice Street, seven comply with the
Ordinance in terms of number of signs. We strongly recommend that the City
maintain this requirement and that in cases where two freestanding signs now
exist, only one should be put back. This is not viewed as placing a hardship
on property owners, since the State has indicated that it will purchase signs
which are not allowed to be replaced.
SUMMARY
Based upon the preceding comments, the following recommendations are offered:
1. The Zoning Ordinance should be amended to allow signs within five feet
of the front or side property line.
2. Existing signs on Rice Street may be moved in compliance with 1. above.
New signs should also conform to size requirements of the Zoning
Ordinance.
3. The number of freestanding signs to be allowed should be limited to one
per property.
It is felt that these suggestions will result in fair treatment of the Rice
Street businessmen while still conforming to the intent of the Zoning Ordinance.
cc: Joe Chlebeck
Ed Locke
Tom Sweeney
Little Canada Planning Commission
46
BURGER KING CORPORATION MINNEAPOLIS REGIONAL OFFICE
BURGER
May 5, 1982
City of Little Canada
Attn: Joseph Chlebeck,
City Clerk
515 E. Little Canada Rd.
Little Canada, MN 55117
RE: BURGER KING #1668
2884 NORTH RICE ST.
PROPOSED RICE STREET ROAD IMPROVEMENTS
Dear Sir:
The pending road improvements will remove seven feet of current
frontage from this site. We have revised our parking layout to
reflect this property loss and request the City's approval of
these changes.
Three plans are enclosed for your review with specific consider-
ation of the following:
1) Parking layout: The net loss after road construction
would be only 1 space (38 vs. 37).
2) Pole Sign: That the existing sign shall remain
as is.
I would appreciate a response as soon as possible as a real- estate
negotiation is in process.
Please call me if you have any questions.
ncerel
Jim Nunn
Manager, Construction /Remodeling
JN /kf
Enclosures
cc: Janice Podoll
Paul Sutherland
Bruce Hultgren
Pat Yacques
Barry Porid
4'7
MAY 7 1982
CITY OF
LITTLE CANADA
10901 RED CIRCLE DRIVE, SUITE 205, MINNETONKA, MINNESOTA 55343 TELEPHONE: (612) 933-7773
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May 21, 1982
Mr. Joe Chlebeck
City of Little Canada
515 E. Little Canada Rd.
Little Canada, MN
Dear Mr. Chlebeck:
This letter will serve as our formal request to be put on
the May 26, 1982 agenda.
Our purpose is to request bonding and discuss various aspects
of the development of the Flynn /Sophie parcels.
Sincerely,
Ronald R. Flynn
2575 Fisk Street
Roseville, MN 55113
9
May 21, 1982
To All Council Members:
RE: Request for bonding on the Flynn /Sophie portion of the
approved Master Plan on the parcel bordered by County D on
the north, LaBore Road on the south, Payne Avenue on the
West and Greenbrier on the East.
We have asked the City Clerk to be put on the agenda for
the meeting of May 26, 1982 to discuss the above referenced
bonding issue.
The following is a brief outline of items we wish to discuss:
1. We request that the council consider bonding for improvements
on our subdivision.
2. We also request that our 15 acre parcel and the Len Sophie
property be improved this summer, despite unwillingness on the
part of Jim Peterson whose parcel lies between ours.
3. As an alternative, we request that our property north of the
NSP easement be developed into 16 lots in accordance
with the Master Plan.
Respectfully 4submitted,
)Th�,
Ronald R. Flynn J
2575 Fisk Street
Roseville, MN 55113
483 -8669
CC: Mr. Brad Nielson
53
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MINUTES
City Council
October 28, 1981
Mr. Hanson introduced the following resolution and moved its adoption:
RESOLUTION NO. 81 -10 -634 - GRANTING THE CONDITIONAL USE
PERMIT FOR AN ADDITIONAL GARAGE AS REQUESTED BY MR.
WILLIAM GEAR
The foregoing resolution was duly seconded by Mrs. Nardini.
Ayes (4) Hanson, Nardini, Forsberg, Scalze.
Nayes (0).
Mr. Fahey abstained.
Resolution declared adopted.
This resolution appeared in Resolution Book No. 7, Page 411.
Allen The Planner apologized that the report on the Allen Avenue development
Avenue was not submitted until last night.
Proposal
Mr. Fahey commented that he was prepared to act on the Payne Avenue -
Allen Avenue area development tonight. Mr. Forsberg suggested that
action be tabled for a couple of weeks.
Fahey commented that he was not in favor of the road going by the
Germain property.
Mr. Forsberg commented that there is strong objection to Allen Avenue
going through to Payne Avenue. Mr. Fahey commented that he felt there
should be a cross street going through to Payne Avenue.
Mrs. Scalze felt that the Council should give consideration to the
recommendation of the Planning Commission in this matter.
Mr. Fahey stated that he was not in favor of streets a mite bng without
cross streets, just so the people on Payne Avenue will not have more
traffic on their street. Fahey stated that he liked the proposal
recommended by the Planning Commission. Fahey felt this plan gave the
City good circulation for fire protection.
Mr. Forsberg stated that the area will not develop tomorrow.
Mr. Fahey felt that at such time as Mrs. Germain might sell the property
or something else happen with this property, consideration be given to
putting the street all the way through to LaBore Road.
Mr. Fahey commented that he was not opposed to supporting the developers
in the area if there are more than one.
Mr. Forsberg asked about the situation of Mr. Flynn where he is proposing
to develop a section of this area. Forsberg asked if the City was going
to allow him to put in a portion of the street and wait until the rest
of the area developes before the remainder of the street is put in.
The Planner suggested that the City could limit the street to 500 feet
with a cul de sac until the rest of the property developes.
MINUTES
City Council
October 28, 1981
Mr. Fahey stated that he would not be in favor of the City putting in
the road for one developer. Fahey commented that if they want to develop
with City funds, they should come in as a package.
Mrs. Nardini commented that the Council is just establishing a plan.
Nardini commented that if they come in, the Council can fight the other
battles at that time.
Mr. Fahey introduced the following resolution and moved its adoption:
RESOLUTION NO. 81 -10 -635 - APPROVING THE PLAN FOR THE
DEVELOPMENT OF THE PAYNE AVENUE -ALLEN AVENUE AREA AS
SUBMITTED BY THE PLANNING COMMISSION WITH THE ADDITION
OF THE SHORT SECTION OF ALLEN AVENUE THROUGH TO
GREENBRIER AND SUBJECT TO THE RECOMMENDATIONS OF THE
PARK COMMISSION ( Plan -D -)
The foregoing resolution was duly seconded by Mrs. Scalze.
Ayes (3) Fahey, Scalze, Nardini.
Nayes (2) Hanson, Forsberg.
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Page 412.
Mrs. Nardini introduced the following resolution and moved its adoption:
RESOLUTION NO. 81 -10 -636 - DECLARING THAT IF AT A FUTURE
DATE IT BECOMES POSSIBLE FOR THE CUL DE SAC PROPOSED TO
END AT THE GERMAIN PROPERTY TO BECOME A THROUGH STREET
TO LABORE ROAD THAT IT BE REFLECTED IN THE PLAN FOR THE
DEVELOPMENT OF THE AREA
The foregoing resolution was duly seconded by Mr. Fahey.
Ayes (3) Nardini, Fahey, Scalze.
Nayes (2) Forsberg, Hanson.
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Page 412.
Mrs. Nardini introduced the following resolution and moved its adoption:
RESOLUTION NO. 81 -10 -637 - DECLARING THAT THE PLAN ADOPTED
FOR THE DEVELOPMENT OF THE ALLEN AVENUE -PAYNE AVENUE AREA
BE MADE A PART OF THE CITY'S COMPREHENSIVE PLAN
The foregoing resolution was duly seconded by Mrs. Scalze.
Ayes (4) Nardini, Scalze, Hanson, Fahey.
Nayes (1) Forsberg.
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Page 413.
Ducharme The City Clerk reported that the Ducharme trailer matter was cancelled
Trailer as the trailer has been sold.
NORTHWEST ASSOCIATED CONSULTANTS IN C.
MEMORANDUM
TO: Ron Flynn
FROM: Brad Nielsen
DATE: 30 September 1981
RE: Flynn Construction Company - Proposed Plat
FILE N0: 758.09 (81.35)
As planning consultants for the City of Little Canada, we have been asked to
review your proposed subdivision plat, dated 24 September 1981. Since the draw-
ing which has been submitted does not meet the requirements for a preliminary
plat, we are assuming that you are only requesting "sketch plan" approval at
this time. Since a preliminary plat will be required prior to the public
hearing on your subdivision request, we have attached Section 1005 of the
Ordinance for review.
GENERAL COMMENTS - SKETCH PLAN
1. Due to discrepancies in legal descriptions which have been previously
noted for the area in question by the City Engineer, we are suggesting
that he review the survey and legal description of the property in
question prior to any approval by the City.
2. What is the proposed ownership of the land over which NSP has its power
line easement? Presumably this property will be included as part of
adjoining lots. If so, it should be clearly shown on the preliminary
plat.
Also, as you may recall, when the Planning Commission reviewed the
street plan for the area in question, they proposed a road to the west
over the power line easement. This has not been addressed on your plat.
3. The alternate proposed road sketch on your plan is not considered
acceptable. The Subdivision Ordinance requires no less than 125 feet
between street intersection jogs.
4. Presumably, Outlots A and B will be sold or otherwise conveyed to
property owners to the south.
5. We recommend that any streets which will not be immediately connected
through should terminate in a temporary cul -de -sac rather than a deadend.
This can be handled by temporary easement until such time as the street is
extended through.
4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925 -9420
Ron Flynn
30 September 1981 Page Two
6. Although the Planning Commission has made a recommendation to the Council
regarding the street plan for the area in question, the Council has not
taken action, nor even reviewed the plan. As a result, we feel that the
proposed plat is premature until the Council has made its decision.
If you have any questions regarding these comments or the requirements for a
preliminary plat, feel free to contact our office.
cc: Mayor and City Council
Planning Commission
Joe Chlebeck
Don Carley
Clayton Parks
58
(c)
Council Action. After review of the final plat by the Planning Commission, such final plot, together
with the recommendations of the Pionning Commission shall be submitted to the City Council for action.
If accepted, the final plot shall be approved by resolution, which resolution shall provide for the acceptance
of all agreements for basic improvemenh, public dedication and other requirements as indicated by the
City Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the pro-
ceedings of the Council and reported to the person or persons applying for such approval.
(d) Street Addresses. With submission of the final plat, five (5) copies of the plat map showing oll addresses
correctly labeled in conformance with all applicable Ramsey County and City ordinances and policies
shall bb supplied to the City Clerk for subsequent distribution to the utility companies and local school
districts.
(e)
Recording Final Plat. If the final plot is approved by the City Council, the subdivider shall record it with
the Ramsey County Recorder within one hundred (100) days after said approval or approval of the final
plat shall be considered void, unless a request for time extension is submitted in writing and approved by
the City Council prior to the expiration of the one hundred day period. The subdivider shall, immediately
upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing
evidence of the recording. No building permits shall be let for construction of any structure on any lot
in said plat until the City hos received evidence of the plot being recorded by Ramsey County.
1005. PLAT AND DATA REQUIREMENTS
1005.010. SKETCH PLAN. Sketch Plans shall contain, at o minimum, the following information:
(a) —Plat boundary
(b) North arrow
(c) •Scale
(d) Street layout on and adjacent to plot
(e) Designation of land use and current or proposed zoning
(1) Significant topographical or physical features
(g) General lot locations and layout
1005.020. PRELIMINARY PLAT. The subdivider shall prepare and submit a preliminary plot, together with
any necessory supplementary information. The preliminary plat shall contain the information set forth in the sub-
divisions which follow.
(o) General Requirements.
(1)
Proposed nome of subdivision; names shall not duplicate or too closely resemble names of existing
subdivisions.
(2) Location of boundary lines in relation to a known section, quarter section or quarter - quorter
section lines comprising o legal description of the property.
(3) Names and oddresses of all persons having property interest, the developer, designer, and
surveyor together with his registration number.
)!)
(4) Graphic scale .
(5) Date and north arrow,
(b) Existing Conditions.
(1)
(2)
(3)
Boundary line and total acreage of proposed plot, clearly indicated.
Existing zoning classifications for land within and abutting the subdivision.
Locution, widths and names of all existing or previously platted streets or other public ways,
showing type, width and condition of improvements, if any, railroad and utility rights-of -way,
parks and other public open spaces, permanent buildings and structures, easements and section
and corporate lines within the tract and to o distance of three hundred fifty (350) feet beyond
the tract.
(4) Location and size of existing sewers, water mains, culverts or other underground facilities within
the tract and to a distance of one hundred (100) feet beyond the tract. Such data as grades,
invert elevations, and locations of catch basins, manholes and hydrants shall also be shown.
(5) Boundary lines of adjoining unsubdivided or subdivided land, within three hundred fifty (350)
feet, identified by name and ownership, including all contiguous land owned or controlled by
the subdivider.
Topographic data, including contours at vertical intervals of not more than two (2) feet. Water
courses, wetlands, rock outcrops, power transmission poles and lines, and other signficant features
shall also be known.
Information shall be included as to subsurface ground woter levels, particularly if ground water
exists at less than fifteen (15) feet below the surface and such information shall contain a state-
ment as to whether or not the person proposing said plot, or any agent of his, has or has not made
such tests as would be necessary to determine existence and depth of ground water.
(c) Proposed Design Features.
(1) Layout of proposed streets showing the right -of -way widths, centerline gradients, typical cross
sections, and proposed names of streets in conformance with City and County street identification
policies. The name of any street heretofore used in the City or its environs shall not be used
unless the proposed street is a logical extension of an already named street, in which event
the some name shall be used.
(2) Locations and widths of proposed alleys and pedestrian ways.
(3) Locations and size of proposed sewer lines and water mains.
(4) Location, dimension and purpose of all easements.
(5) Layout, numbers, lot areas, and preliminary dimensions of lots and blocks.
(6) Minimum front and side street building setback lines.
(7) When lots are located on a curve, the width of the lot at the building setback line.
tssard
(8) Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated
or reserved for public use, including the size of such area or areas in acres.
(9) Water Supply. Water mains shall be provided to serve the subdivision by extension of on existing
community system wherever feasible. Service connections shall be stubbed into the property line
and all necessary fire hydrants shall also be provided. Extensions of the public water supply system
shall be designed so as to provide public water in accordance with the standards of the City of
Little Canada. In areas where public water supply is not available, individual wells shall be provided
on each lot, properly placed in relationship to the individual sewage disposal facilities on the same
and adjoining lots. Well plans must comply with the Minnesota State Well Code, as may be
amended, and be submitted for the approval of the City Engineer.
(10) Sewage Disposal, Public. Sanitary sewer mains and service connections shall be installed in
accordance with the standards of the City of Little Canada.
(d) Supplementary Information.
(1) Any or all of the supplementary information requirements set forth in this subdivision shall be submitted
when deemed necessary by the City staff, consultants, advisory bodies and /or City Council.
(2) Proposed protective covenants.
(3) An accurate soil survey of the subdivision prepared by a qualified person. The soil survey shall
consist of test holes to a depth necessary to determine the various types of soil to be encountered
before reaching a stable base. Such test holes when ordered by the City authorities, shall be
drilled at the expense of the owner or developer and the information disclosed shall be furnished to
the City Council together with o copy of the proposed plat showing the location of each test hole.
The information required by the City Council shall include o report as to the various types of soil
encountered and their depths, the level of the ground water and a seepage test and may include
additional information. The number of test holes to be drilled and their location on the property
which is proposed to be plotted will be as directed by the City Council or their authorized
representative. In questionable cases, the owner shall be required to furnish to the City Council
a report from o recognized engineering laboratory as to the safety and practicability of the use
of the area for building construction.
(4) A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in
terms of type, weakness, maturity, potential hazard, infestation, vigor, density, and spacing.
(5) Statement of the proposed use of lots stating type of buildings with number of proposed dwelling
units or type of business or Industry, so as to reveal the effect of the development on traffic,
fire hazards, and congestion of population.
(6) If any zoning changes are contemplated, the proposed zoning plan for the areas, including
dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall
not vest any rights in the applicant.
(7) Provision for surface water disposal, ponding, drainage, and flood control.
(8) Where the subdivider owns property adjacent to that which is being proposed for the subdivision, it
shall be required that the subdivider submit a sketch plan of the remainder of the property so as to
show the possible relationships between the proposed subdivision and the future subdivision. In
any event, all subdivisions shall be required to relate well with existing or potential adjacent
subdivisions.
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6 2
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 204.010 OF THE
MUNICIPAL CODE OF THE CITY OF LITTLE CANADA,
RELATING TO THE SALARIES OF ELECTED OFFICIALS
THE CITY COUNCIL OF LITTLE CANADA HEREBY ORDAINS AS FOLLOWS:
Section 1.
Section 204.010 of the Municipal Code of the City of Little
Canada, is hereby amended to read as follows:
"204.010. SALARIES. Pursuant to Minn. Stat. Section 415.11,
the salaries of the Mayor and Council members are hereby estab-
lished as follows:
(1) As of January 1, 1983, the salary of the Mayor shall be
$250.00 per month, and the salaries of the other Council
members shall be $200.00 per month;
(2) As of January 1, 1984, the salary of the Mayor shall be
$300.00 per month, and the salary of the other Council members
shall be $225.00 per month."
Section 2.
This ordinance shall take effect and be in force from and
after its passage and publication.
Passed by the City Council of Little
Canada this day of , 1982.
Raymond Hanson, Mayor
Attest:
Joseph G. Chlebeck, Clerk Ayes --
Nays --
63
ORDINANCE NO. art
AN ORDINANCE AMENDING SECTION 304.170
OF THE MUNICIPAL CODE OF THE CITY OF LITTLE CANADA,
REQUIRING A PERMIT RELATIVE TO INDIVIDUAL SEWAGE DISPOSAL SYSTEMS.
THE CITY COUNCIL OF LITTLE CANADA ORDAINS AS FOLLOWS:
Section 1.
Section 304.170 of the Municipal Code of the City of Little
Canada is hereby amended to read as follows:
"304.170. PLUMBING AND SEWAGE DISPOSAL SYSTEMS. No alterations
or additions in the existing plumbing in any building shall be made
nor shall any plumbing be placed in any building nor shall any
sewage disposal system be constructed without first securing a permit
therefor except minor repair work. Applications for a permit shall
be filed with the clerk or building inspector of the municipality.
In the event that an individual sewage disposal system must be opened
in order to remove its contents, a permit must first be secured from
the city. A fee of $5.00 shall be paid for the permit. The permit
is valid for 7 days immediately following its issuance."
Section 2.
This ordinance shall take effect and be in force from and
after its passage and publication.
Passed by the City Council of Little
Canada this day of , 1982.
Attest:
Joseph G. Chlebeck, Clerk
6 »?
Raymond Hanson, Mayor
Ayes --
Nays --
ORDINANCE NO. fair
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
CITY OF LITTLE CANADA BY ADDING CHAPTER 813,
RELATING TO THE LICENSING OF SCAVENGERS
THE CITY COUNCIL OF LITTLE CANADA HEREBY ORDAINS AS FOLLOWS:
Section 1.
Chapter 813 is added to the Municipal Code of the City of
Little Canada to read as follows:
"313. CLEANING OF CESSPOOLS AND SEPTIC TANKS
813.010. Definitions. For the purposes of this Chapter, the
term 'scavenger' means a person who cleans an individual sewage
disposal system and removes the contents therefrom. The term
'individual sewage disposal system' means a sewage disposal system
used by an individual establishment, which is a system other than
the public sewer system. This term shall include, but not be limited
to, cesspools and septic tanks.
813.020. Cleaning by Unlicensed Persons Prohibited. No person
other than a scavenger licensed pursuant to this Chapter shall clean
any individual sewage disposal system, nor shall any person deposit
any of the contents thereof in any unauthorized place within the city.
813.030. License Required.
1. General Rule. No person shall operate the business of
a scavenger, or act as a scavenger within the City,
without first having obtained a license therefor.
2. Application. The application for a scavenger license
shall state:
(a) The name and address of the applicant;
(b) If the applicant is not an individual, the names
and addresses of all officers or other persons in
control of the firm or corporation that is the
applicant;
(c) A description of the equipment which the applicant
proposes to use for scavenging; and
(d) The maximum rates or prices which the applicant
proposes to charge for scavenging.
3. Annual License Fee. The annual license fee is $35.00
Each license shall expire one year from the date of
issuance.
4. Surety Bond Required. The applicant for a scavenger's
license shall file with the clerk a corporate surety
bond in the principal amount of $2,000.00, conditioned
upon the faithful performance by the applicant or his
agents of all things required by this Chapter. The bond
shall be further conditioned to require that the applicant
restore and repair any public property damaged because
of its operation as a scavenger to the same condition
that existed prior to the work. Public property shall
include, but not be limited to, streets, alleys, other
public grounds, sewers, manholes, or appurtenances
thereto.
813.040. Regulation of Equipment and Manner of Work.
1. Contents. The contents of an individual sewage disposal
system shall be placed in a securely covered container.
Scavenging shall take place at such hours or times of
the day or night as the City Utility Superintendent may
direct.
2. Storage of Containers. Any scavenger box, cask, cart,
tank, vessel, container, vehicle, or tools, used in
scavenger service, may not be kept or stored within 300
feet of any private residence, school building, church
building, hotel, theatre, public or private hall,
restaurant, or any public grounds or public building.
3. No scavenger or other person shall remove or cause to be
removed, or carried, the contents of any individual sewage
disposal system in any container or vehicle which has not
been approved by the City. No container or vehicle shall
be used for such purposes that might become saturated with
offensive liquids and thereby become a nuisance in itself.
813.050. Restrictions on Deposit. It is unlawful to deposit
any sewage or the contents of an individual sewage disposal system
into the municipal storm sewer or the municipal sanitary sewer,
except as provided herein. Contents of an individual sewage disposal
system may be deposited directly into the municipal sanitary sewer
system at the time of connection of the individual system to the
municipal system, through the connection provided.
813.060. Duty of Scavengers to Perform Services Upon Request;
Right to Demand Fees for Services. When requested by the owner or
occupant of any premises, any licensed scavenger shall clean or
empty any individual sewage disposal system, and remove any and all
material therefrom. The scavenger may demand, and receive, in
advance, his fees for services not exceeding the maximum rate
specified in the license application.
66
813.070. Right of Scavenger to Enter Premises and Buildings
Under Direction of the City. A licensed scavenger may, under the
direction of the City, enter upon any premises between sunrise
and sunset for the purpose of examining an individual sewage
disposal system, and shall be permitted access to any and all
parts of any dwelling or building necessary for such examination
and cleaning of the system.
813.080. Revocation. The violation of any of the provisions
of this Chapter by a licensed scavenger is grounds for revocation
or suspension of the license."
Section 2.
This ordinance shall take effect and be in force from and
after its passage and publication.
Passed by the City Council of Little
Canada this day of , 1982.
Attest:
Joseph G. Chlebeck, Clerk
6'7
Raymond Hanson, Mayor
Ayes --
Nays --
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
May 14, 1982
Mr. Joseph G. Chlebeck
City Clerk
515 Little Canada Road
Little Canada, Minnesota 55117
SUITE 3500
NORTHERN FEDERAL BUILDING
SIXTH AND WAEASHA
ST. PAUL, MINNESOTA 55102
RE: City of Little Canada - North Payne Avenue Addition
Drainage Easements
Our File No. 4592
Dear Joe:
It is our understanding that the City has agreed to
release the easement across the northerly part of Mr.
Robert Jackson's property, located at 3095 Payne Avenue,
in consideration for his agreement to grant to the City
a five foot easement across the southerly portion of his
lot.
In order to accomplish this vacation, it is necessary
that the City hold a public hearing pursuant to Minnesota
Statutes 412.851, and subsequent to said public hearing
by a motion of four- fifths of the Council adopt a resolution
so vacating the easement. The resolution and notice will
thereafter be filed with the County Auditor and the County
Recorder, and thereby accomplish the vacation. I have
enclosed for your convenience a photocopy of Minnesota
Statute regarding this process.
In order to preserve the agreed upon easement across
the westerly edge of the lot, I would suggest that the
language to be used for the vacation of the easement on
the northerly side be as follows:
The North 6 feet, excepting the West 6 feet
thereof, of Lot 1, Block 1, North Payne Avenue
Addition, Ramsey County, Minnesota
The reason we must accept out the westerly six feet
from the vacation of the north six feet, is that we wish to
MAY 18 1982
CITY OF
LITTLE CANADA
Mr. Joseph G. Chlebeck
May 14, 1982
Page Two
retain an easement across the westerly end of the lot, and
if we were not to have the exception in the above description,
we would in fact, cut off the north six feet of the easement
we wish to retain on the west side.
I am by copy of this letter, alerting Mr. Jackson to
the fact that the City intends to proceed with the vacation,
and I will be in contact with him next week to coordinate
the granting of his present easement with the vacation proceedings.
I trust that if you have any questions regarding the
above, you will not hesitate to contact the undersigned,
and remain
JHL:peg
Enclosure
cc: Robert S. Jackson
Sincerely yours,
SEENEY, O'CONNOR & LEMAY
LJ�hn H. LeMay
Cri-Y CF
LIFILE CANADA
ITUTORY CITIES
ely in trust for the public, and, under normal
umstances a village could not require reverting to
on of an owner acquiring property
as the result of the vacation of a street,
if
the lvillage would absolutely
authorized h
rized
y to sell
h property. Op.Atty.Gen., 396g -16, Sept. 9,
S.
'It appears that M.S. § 412.851 is the preferred
Hoer by which a platted alley in a village may
vacated. M.S. § 505.14 provides for a district
at adjudication to vacate platted streets, alleys,
3 public grounds, but numerous problems may
se in an action under this section. See Krebs v.
wn of Northern, 213 Minn. 344, 6 N.W. (2d)
3 (1942)7 Op.Atty.Gen., 3460-1, March 4,
63.
Where portion of trunk highway lying within
sporate limits of a village had been released and
served to the village under the provisions of
bd. 4 of § 161.16, village could only release the
nil in right his section. following
Op.Atty.G n.. procedure uy
"Die 1962 part thereof in the first
words any pt
mterCe t of this s section clearly give village council 1958.
uthority to vacate a portion of the width of a _
;rat es well as a portion of the length thereof. was Where
feet only the
was west 15 feetoof owner of which
1p.Aetition+ n general Sept. 18, 1958.
- Petitions, in general on east side of avenue was not an "abutting
Village could properly initiate a petition to owner" within meaning,of this section. Id.
alley which abutted its property, and as
'nd,the the property owner
a desire es petition to vacate the allege and then, bordering a portion of the vacated street pay by
n the presence of the council, for the mayor to special assessments for improvements that have
1, 1963. the petition. Op.Atty.Gen., 3466 -1, March Pa
already been put in, however under § 429.051 the
1, 1963. village could specially a esc such added portion if
tinder eby this underlying a petition a vacate 1 street it determined to reimburse itself for portions of
major by the but ins o owners, , owner, but not by the
majority of abutting owners. would not be suffi- the cost of an improvement Sept. 9, 1965. the village.
dent OpAttY.Gen., 377a -IS, Feb. 5, 1962. Op.Atty.Gen„ 396g -16,
112.861. Prosecutions, violations of ordinances
Subdivision 1. Complaint All prosecutions for violation of ordinances shall be
brought in the name of the city upon complaint and warrant as in other criminal cases if
the which be arrested
qui ed to without
plead, a warrant shall complaint sue'thereon. The warrant and
al other process shall in such police officer, marshal,
all other process in such cases shall be directed for service to any po
process officer, court officer, or constable of any town -Or city in the county, to the sheriff
of the county, or all of them:`
Subd. 2. Form and contents of—complaint It shall be a sufficient pleading of the
ordinances or resolutions of the city to refer -to them by section and number or chapter.
They shall have the effect of general laws within, the city and need not be given
evidence upon the trial of civil or criminal actions. 'Judgment shall be given, if for the
plaintiff, for the amount of fine, penalty, or forfeiture imposed, with costs; and the
Judgment shall direct that,-in default of payment, the defendant be committed to the
county jail for such time, not exceeding 90 days, as the court shall see fit. The
commitment shall state the amount of judgment, the costs, and the period of commitment.
Every person so committed shall be received by the keeper of the jail and kept, at the
expense of the county, until lawfully discharged. The committing court may release the
defendant at any time upon payment of the fine and costs,
§ 412.861
3. Majority of owners
Village, which had only highway easements in
street and alley bounding portion of avenue to be
vacated, was not an ••owner • of land abutting on
the portion of the avenue to be vacated within
meaning of this section. Op.Atty.Gen.,. 396-0-
16. Oct. 22, 1958.
Word "majority" in this section relates to num-
ber of owners rather than to lineal feet of land
frontage, and hence this section requires petition
to be made by a numerical majority of the owners
of the land abutting on part of street to be vacat-
ed. Id
5. Public Interest vacation
If public interests will be advanced by
of portion of village street, it i of
served consequence
that private interests may rcod Ab q vaca-
tion of a portion of the street. Op.Atty.Gen.,
396 -G_16, Sept. 18, 1958.
8. Ahutting land
Words "abutting on" in this section mean
touching. reaching, joining, bordering on, 000n-
tiguous with. Op.Atty.Gen., 396-G-16, Oct. 22,
sate an ey w i rt • a 9. Assessments
matter of procedure it would probably be proper A village may not require as a consideration for
or the council to first piss a resolution t g the vacation of a street that proie
93
412.831 STATUTORY CITIES
Note 1
its official newspaper. Op.Atty.Gen., 3146 -19, nearby city as the official newspaper, and puhr•:h-
luly 19, 1963. ed all official publications of the village in the at
A zoning ordinance providing that the bounda• of town paper, but published notices and prada-
ries of various districts were to be delineated on a mations, not required by law to be published, it
map on file in the village hall, as well as the map, the newspaper of the mayor, the village coi:mdi
would both be required to be published together could not properly authorize payment of chant
in order to have a valid publication of the ordi• by the mayor for material published in his papa.
nance. Op.Atty.Gen., 477 -8-34, Sept. 20, 1962, Op.Atty.Gen., 2776 -1, May 12, 1959.
In the absence of contract between a village and A village council could not properly dele^yae
a newspaper, village could properly change its authority to the village clerk to publish at hit
designation of an official newspaper at a time discretion proceedings of the council in new ,via
other than the first council meeting of the year, pen other than the official paper of the vili.age
Op.Atty.Gen., 471g, March 19, 1962. Op.Atty.Gen., 3146 -23, Jan. 30, 1959.
Where the only newspaper within a village was A village council could not designate more that
published by the mayor of the village, and the one newspaper as the official paper under thin
village council had designated another paper in a section. Id.
412.841. Repealed by Laws 1976, c. 44, § 70, eff. March 13, 1976
Laws 1976, c. 44, contained a stated purpose
indicating that the act would determine which
laws formerly applicable to cities would be ex-
tended to municipalities formerly designated as
Villages (see section 410.015).
Prior to repeal this section was amended by
Laws 1961, c. 494, §§ 1, 2; Laws 1965, c. 45,
§ 57, and Laws 1973, c. 123, art. 2, § 1.
1. Construction and application
A village would not be at liberty to make a
decision as to what records were of historical a
legal value, and to destroy such records wfiici
were more than six years old, but could only an
to the extent provided by §§ 138.17, subd. 1, art
this section. Op.Atty.Gen., 471f, March 23, 1962
•
412.851. Vacation of streets
The council may by resolution vacate any street, alley, public grounds, public way, or ang
part thereof, on its own motion or on petition of a majority of the owners of land abutriinf
on the street, alley, public grounds, public way, or part thereof to be vacated. When there
has been no petition, the resolution may be adopted only by a vote of four -fifths of al
members of the council. No such vacation shall be made unless it appears in the intexea
of the public to do so after a hearing preceded by two weeks' published and posted notes.
After a resolution of vacation is adopted, the clerk shall prepare a notice of completion d
the proceedings which shall contain the name of the city, an identification of the vacatior,
a statement of the time of completion thereof and a description of the real estate and fans§
affected thereby. The notice shall be presented to the county auditor who shall enter tie
same in his transfer records and note upon the instrument, over his official signature, the
words "entered in the transfer record." The notice shall then be filed with the counts
recorder. Any failure to file the notice shall not invalidate any such vacation proceed:ngt.
Amended by Laws 1967, c. 289, § 15, eff. May 4, 1967; Laws 1969, e. 9, § 85, eff. Feb. 12, 1969; law
1973, c. 123, art. 2, § 1; Laws 1973, c. 494, § 11; Laws 1976, c. 181, § 2.
1967 Amendment. Included "public ways"
among those areas which might be vacated. Au-
thorized vacation by council "on its own motion ",
and added with reference thereto the second sen-
tence.
1969 Amendment. Correction bill.
1973 Amendments. Laws 1973, c. 123, art. 2,
§ 1, subd. 2, was a general authorization for the
deletion of the term "village" and the substitution,
where appropriate, of the term "city" or the term
"statutory city."
Laws 1973, c. 494, § 11, deleted "and present to
the proper county officers" following "clerk shall
prepare", substituted "which shall contain the
name of the village, and identification of the vaca-
tion, a statement of the time of completion thereof
7�
and a description of the real estate and /and
affected thereby" for "in accordance with Scam
117.19" in the third sentence and inserted tie
fourth, fifth and sixth sentences.
1976 Amendment. Changed the title of manna
of deeds to county recorder.
92
Supplementary Index to Notes
Abutting land 8
Assessments 9
L Construction and application
As a general rule a municipality has no prcrpria
tary interest in the public street but holds tit
Minnesota
1)C})artrncnl Oj Transportation
Transportation Building
St. Paul, Minnesota 55155
H „)„(. 296 4652
Room 706
May 20, 1982
Mr. Joseph G. Chlebeck
City Clerk
City of Little Canada
515 Little Canada Road
Little Canada, Minnesota 55117
In Reply Refer To: 360
S.P. 6214 -40 (T.H. 49 =126) Ramsey County
T.H. 49 (Rice St.) from Transit Ave. to I -694
Agreement No. 60962
Dear Mr. Chlebeck:
Enclosed are the original and three copies of the Agreement that provides for the
adjustment of four gate valves and six hydrants, together with reimbursement of the
estimated cost of those adjustments by Little Canada or its contractor.
One set of reduced scale plan sheets is also enclosed for your reference. On May 18, 1982
you and I discussed the proposed State Project 6214 -40. It is scheduled for a May 28, 1982
letting.
At your suggestion, I contacted Mr. George Goetlieb of Carley, Milner and Associates,
your City's Consultant Engineer. He in turn, requested a tabulation showing the City's
responsibility be sent to you. It is enclosed. Upon review, we determined that all of the
water and hydrant facilities requiring adjustment are entitled to reimbursement costs.
This consists of adjustment of four water gate valves and six hydrants. The enclosed
Agreement No. 60962 provides for the reimbursement based on a lump -sum payment of
$2,449.44 after completion of satisfactory adjustment of the gate valves and hydrants.
Please include the Agreement for Council approval in your Council's May 26th meeting.
Please return all copies of the signed Agreement together with a certified copy of the
Council Resolution. The Agreement must be returned by May 27, 1982 so that the project
letting will not be delayed. Please call 296 -8650 when the signed Agreement copies and
certification are ready. We will send a messenger to pick them up.
72
An Equal Opportunity Employer
Mr. Joseph G. Chlebeck
May 20, 1982
Page Two
The sanitary sewer manhole adjustments in Rice Street are identified on Plan Sheet No.
8. All are within the highway right of way by permit. The necessary adjustment of the
manhole ring and cover and costs are the responsibility of the City of Little Canada.
These items are identified in yellow on the enclosed sheet. The "Notice and Order" is also
enclosed for their necessary adjustment to be made concurrently with the State's highway
construction work.
With regard to the water gate valve and hydrant work, please do not proceed with that
portion of the work until your fully executed Agreement No. 60962 is returned to you.
If additional prints or information are needed, please contact me at 296 -8650. Your
cooperation in this matter is appreciated.
Sincerely,
J. G. Osendorf, P.E.
Utilities Engineer
Enclosures:
Agreement (3)
Manhole listing (1)
Plan set (1)
Notice and Order (1)
73
Mn /DOT TP-21230 (479)
To: City of Little Canada S.P. 6214 -40 (T.H. 49 =126)
Minn. Project
NOTICE AND ORDER
You have upon the right of way of that certain highway in Ramsey
County, Minnesota, described as follows, to wit: Trunk Highway 49 (Rice Street) from Transit
Avenue to 1-694
certain manholes
and other facilities used in connection therewith.
You are notified that the State by itself and its contractors is about to construct said highway.
Such construction necessitates adjustment of
said facilities.
The continued presence of said facilities will materially interfere with said construction. You are,
therefore, ordered to
adjust
said facilities in accordance with this notice
our correspondence of
May 20, 1982
and all revisions thereto; and to commence such
adjustment within two weeks after receipt of written notice from the State's assigned
Engineer.
All such operations shall be under the direction of the State's assigned Engineer
and shall be coordinated with the highway contractor's operations.
Failure to comply with this Notice and Order will make you liable for any and all damages
which result thereby.
Dated
May 20, 1982
74
Commissioner of Transportation
By i/.'. 19)414gerr
Utilities Engineer
S.P. 6214 -40 (T.H. 49 =126) Ramsey County
T.H. 49 (Rice St.) from Transit Ave. to 1 -694
City of Little Canada
Agreement No. 60962
RELOCATION AGREEMENT
THIS AGREEMENT made by and between the State of Minnesota, acting by and
through its Commissioner of Transportation hereinafter called the "State" and the City of
Little Canada hereinafter called the "Utility ",
WITNESSETH THAT:
WHEREAS, the State has prepared plans and specifications and proposes to let a
contract for the construction of a project on Trunk Highway 49, said project being identified
as S.P. 6214 -40, and the project being located on Rice Street, from Transit Avenue to I -694;
and
WHEREAS, the State has determined that it is necessary to relocate or adjust
sanitary sewer facility and watermain facility located in new highway right of way within
the limits of a city street and the Utility has requested to be reimbursed for such work
pursuant to the provisions of 14 MCAR s 1.5033 D. 10; and
WHEREAS, State law requires a written Agreement between the State and the
Utility setting forth their separate responsibilities.
NOW, THEREFORE, IT IS AGREED:
ARTICLE I - THE UTILITY, in consideration of the terms and conditions hereinafter set
forth WILL:
75
Agreement No. 60962
ADJUST its facilities, together with all appurtenances thereto, in accordance with
applicable codes, the following terms and conditions and in the following manner:
PERFORM all work to the satisfaction of the State's Field Engineer, hereinafter
referred to as the "Engineer ", and the State's Utilities Engineer before final payment is
rnade by the State.
STAKE within the limits of the trunk highway right of way, the location of the
proposed facility and have such location approved by the Engineer prior to actual
construction.
REPORT each day's work on the project to the Engineer on the State's Form 21191,
Daily Utility Report, or on a form acceptable to the State and submit such report to the
Engineer not later than the day following the date the work was performed. Inasmuch as
this Agreement provides for a "lump -sum" payment after satisfactory relocation or
adjustment of the involved utility facilities, the Daily Utility Report may omit items of
hours, materials and equipment.
COMMENCE its adjustment within two weeks after receipt of written notice from
the Engineer to commence. All such operations shall be under the direction of the Engineer
and shall be coordinated with the highway contractor's operations. The Utility shall notify
the Engineer two days prior to commencing each phase of the work operations and shall also
notify him upon completion of each phase of the work operations.
PERFORM the adjustment as shown on Exhibit "A" for the herein agreed upon
reimbursable lump sum of Two Thousand Four Hundred Forty Nine and 44/100 Dollars
($2,449.44). Attached hereto, marked Exhibit "B" and made a part hereof, is a detailed and
itemized estimate of the cost of the work to be performed by the Utility in adjusting said
facilities.
Agreement No. 60962
TOGETHER with its Contractor at all times comply with safety regulations
contained in 14 MCAR s 1.5033 D. 6 during all their construction and maintenance
operations. In addition, each flagman shall be furnished with and carry on his person a copy
of the current edition of the State of Minnesota, Department of Transportation,
"Instructions to Flagmen" and shall observe the rules and regulations contained therein. The
Utility and /or its Contractor shall furnish each flagman with the required vest, helmet, hand
sign, flags and any other necessary equipment. The above provisions shall not in any way
relieve the Utility and /or its Contractor of any of their legal responsibilities or liabilities for
the safety of the public. Copies of "Instructions to Flagmen" may be obtained from the
Engineer.
COMPLETE all underground installations within the proposed roadways in advance
of the highway contractor's base work operations. In backfilling the excavation, there shall
be no substitution for material unless specifically authorized. Rejected material shall be
disposed of within the highway right of way as directed by the Engineer. All material
replaced in the excavation shall be properly mechanically compacted to the satisfaction of
the Engineer. Drainage and slopes shall be satisfactorily restored.
UPON completion of all work under this Agreement, furnish the State with two
copies of a statement of the herein agreed lump sum, signed by an officer of the Utility.
THEREAFTER upon completion of such adjustment, maintain such facilities at its
own expense. Should any such maintenance require work on trunk highway right of way, the
Utility shall first obtain a written permit from the proper authority, which application shall
be acted upon promptly and shall not be unreasonably refused. The facilities shall not be
serviced from the main roadbeds, ramps or loops of the trunk highway. Said permit shall
contain reasonable regulations relating to such maintenance. The Utility may open and
disturb the surface of the trunk highway right of way without a permit only where an
emergency exists that is dangerous to the life or safety of the public and requires immediate
-3-
'7'7
Agreement No. 60962
repair. The Utility upon knowledge of such emergency shall immediately notify the State
Highway Patrol. The Utility shall take all necessary and reasonable safety measures to
protect the traveling public, and shall cooperate fully with the Highway Patrol to that end.
The Utility in such event shall request a permit from the proper authority not later than the
second working day thereafter.
AGREE in the performance of all work on this project, for itself, its assigns and
successors in interest, to comply with all the nondiscrimination provisions set forth in
"Appendix A ", attached hereto and made a part hereof. For the purpose of this Agreement,
as set forth in "Appendix A ", the word "contractor" shall be construed to refer to the Utility,
and the word "subcontractor" to the contractor employed by the Utility, and "State
Department of Transportation" to the State. "Appendix A" is applicable only in those
instances where the Utility does not perform the adjustment work with its own forces.
INDEMNIFY, save and hold harmless the State and all of its agents and employees
of and from any and all claims, demands, actions or causes of action of whatsoever nature or
character arising out of or by reason of the execution of this Agreement or the performance
or nonperformance of the work to be performed by the Utility provided for herein and
further agrees to defend at its own sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising
hereunder by virtue of the execution, performance or nonperformance of the work to be
performed by the Utility as provided for herein.
Utility Permit
Within 90 days upon completion of the adjustmentherein described, submit to the
State's Utilities Engineer five copies of a permit application, including "as built" sketches,
for all facilities within highway right of way, which involve a location other than that
covered under an existing permit.
-4-
78
Agre•nnent No. 60962
ARTICLE 11 - THE STATE'S OBLIGATION
THE STATE, upon being furnished satisfactory proof that said facilities,
together with all appurtenances thereto, have been adjusted to the
satisfaction of the Engineer, the State's Utilities Engineer and in
accordance with applicable codes, WILL:
REIMBURSE the Utility the herein agreed upon lump sum subsequent to receipt of
two signed copies of the invoice.
IT IS FURTHER AGREED, that the payment of such sums as are provided for above
shall be settlement in full of any and all damages, demands, claims, actions or causes of
action of any kind or nature whatsoever, that may arise out of the adjustment of the
Utility's facilities.
-5-
7'l
Mn /DOT SD- 3172.77)
APPENDIX A
Non- Discrimination Provisions of Title VI of the Civil Rights Act of 1964.
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor "), agrees as follows:
(1)
Compliance with Regulations: The Contractor will comply with Regulations of the Department of
Transportation relative to nondiscrimination in federally- assisted programs of the Department of Com-
merce (Title 49, Code of Federal Regulation, Part 21, hereinafter referred to as the Regulations), which
are herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The contractor,- with regard to the work performed by it after award and prior to
completion of the contract work, will not discriminate on the ground of race, color, or national origin
in the selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor will not participate either directly or indirectly in the discrimination pro-
hibited by Section 21.5 of the Regulations, including employment practices when the contract covers
a program set forth in Appendix "A ", "B" and "C ".
(3)
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or sub -
plier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of race, color or nation origin.
(4) Information and Reports: The contractor will provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the Depart-
ment of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the contractor shall
so certify to the Department of Transportation, or the Federal Highway Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimi-
nation provisions of this contract, the Department of Transportation shall impose such contract
sanctions as it or the Federal Highway Administration may determine to be appropriate, including
but not limited to,
(5)
(a) witholding of payments to the contractor under the contract until the contractor complies, and /or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor will inciude the provisions of paragraph (1) through (6)
in every subcontract, including procurements of materials and leases of equipment, unless exempt by
the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action
with respect to any subcontract or procurement as the Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threaten-
ed with, litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the State to enter into such litigation to protect the interests of the State, and in addition,
the contractor may request the United States to enter into such litigation to protect the interests of
the United States.
f
bn