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Home My WebLink About06-22-1988 Council AgendaAGENDA CITY OF LITTLE CANADA REGULAR COUNCIL MEETING JUNE 22, 1988 A. 1. Call to Order - 7:30 p.m. Tape 2. Roll Call Mayor Mr. Michael Fahey Councilwoman Mrs, Beverly Scalze Councilman Mr. William Blesener Councilman Mr. Rick Collova Councilman Mr, Jim LaVaile Recording Secretary Mrs. Kathy Glanzer Clerk /Treasurer Mr. Joseph Chlebeck Attorney Mr. Thomas Sweeney Engineer Mr. Donald Carley Planner Mr. David Licht Mr. Steve Grittman Guest 3. Approval of Minutes - June 8, 1988 Regular Meeting 4. Announcements Workshop - Fire Department and City council on June 29 at 7 :30 p.m. at the Fire Hall to discuss Fire Department concerns ** *This agenda is subject to change by additions and deletions. B. PUBLIC HEARINGS Parties will be heard at 7 :30 p.m., or as soon as they may be heard, 5. Hub Hobby Center Conditional Use Permit Tape Applicant: William E. Barker See Correspondence: Pages 3 -4 - Planning Commission Planner's Report to be mailed directly Page 13 - Notice of Hearing Page 14 - Location Map Pages 15 -16 - Track Site Page 17 - Mailing List Comments: Motion to Close Hearing: Motions: C. PRESENTATIONS 6. Leibel Final Plat See Correspondence: Page 5 - Planning Commission Page 18 - Site Map Motions: 7. Schroeder Property Division See Correspondence: Pages 1 -3 - Planning Commission Pages 19 -20 - Planner's Report (4/11/88) Pages 21 -22 - Site Plans Motions: 8. Bowana Bow & Arrow Concept Inside Archery Range Applicant: John Larson Location: 3150 Country Drive See Correspondence: Pages 5 -6 - Planning Commission Pages 2 -3 - Location Map Pages 24 -25 - Concept Site Plans Motions: Tape No. Tape No..___v,-to__, - Tape 9. Carla Lane Petition Tape Appearing: Tom Olson See Correspondence: Pages 25A & B Motion to Engineer for Adequacy and Feasibility Irnp. 88 -16 10. Taco John's Expansion Tape No._ to Non - conforming Use Problem Appearing: Bob Schmidt and Walt Cressman D. OLD BUSINESS 11. Barbecue Grills on Apartment Balconies Other Communities See Correspondence: Page 26 12. Dog Ordinance 301 See Correspondence: Pages 27 -33 Sheldon Anderson of Animal Control will be at the meeting to comment, 13. Ordinance 302 - Play 21 See Correspondence: Pages 34 -36 P. NEW BUSINESS Engineer 14. Reports if any Attorney 15. AIC Offer See Correspondence Pages 37 -45 Motions: 16. Bow /Arrow Liability - Edward Inman Planner Tape No, 17. Reports if any Tape Tape No F. COUNCIL REPORTS 18. Economic Development - Mr. Fahey Tape No.,_ to 19. Public Safety - Mr. Fahey Tape No,;_;____,to, ,__ 20. Utilities - Mr. Blesener Tape No.,„___ to_ a. NSP Franchise Ordinance No. 303 - Electric See Correspondence: Pages 49 -50 b. NSP Franchise Ordinance No. 304 - Gas See Correspondence: Pages 51 -52 21. Building /Zoning - Mr. Collova Tape No.,,__ to. 22. Park & Recreation - Mrs, Scalze Tape No,__,_, _to, ___ a, Cross Walks /Traffic Concerns on Edgerton St. See Correspondence: Pages 46 -48 b. Baseball Field Size 2.30 -300 23. Administration - Mr. LaValle Tape No.,„, _Jto_i_____ _ a. Home Share Program Joint Powers Agreement See Correspondence: Pages 53 -69 Proposed Resolution Page 55 b. Approval of Vouchers 24. Adjourn CORRESPONDENCE TO AGENDA CITY OF LITTLE CANADA REGULAR COUNCIL MEETING JUNE 22, 1988 PAGES CONTENTS 1 -12 Planning Commission Minutes 13 -17 Hub Hobby Center - Conditional Use Permit 18 Leibel Final Plat 19 -22 Schroeder Property Division 23-25 I3owana Bow & Arrow 25A -25B Carla Lane Concerns 26 Barbecue Grills on Apartment Balconies 27 -33 Ordinance 301 - Dogs 34 -36 Ordinance 302 - Play 21 37 -45 AIC Counter Offer 46 -47 Traffic Concerns on Edgerton Street 48 Walking Path 49 -50 Ordinance 303 - NSP Franchise pertaining to Electrical 51 -52 Ordinance 304 - NSP Franchise pertaining to Gas 53 -69 Joint Powers Agreement - Home Share Program Minutes Schroeder Property Division MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA June 9, 1988 Pursuant to due call and notice thereof a regular meeting of the Planning Commission of the City of Little Canada, Minnesota was held on the 9th day of June, 1988 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Acting Chairman Gene DeLonais called the meeting to order at 7:30 P.M. and the following members of the Commission were present at roll call: MEMBERS PRESENT: Gene DeLonais, Acting Chairman Bill Davison Art Herkenhoff Peggy Schweizer John Pope MEMBERS ABSENT: ALSO PRESENT: Peter Costa, Chairman Tom Perlinger Steve Grittman, City Planner Kathy Glanzer, Recording Secretary There being no corrections to the May 12, 1988 Planning Commission meeting minutes, the minutes were approved as read. Mr. Schroeder appeared before the Commission requesting approval of a division of his property on Rice Street. Schroeder reported that he would like to divide the Hardee's property from the rest of the site so that he will get a separate tax statement for the Hardee's site. Schroeder reported that he has reviewed the City Planner's recommendations, however, indicated that as soon as another tenant is found for the property, a lot of the problems pointed out by the Planner will be resolved. The location of the north driveway cannot be determined until a tenant for Parcel 1 is found. The City Planner stated that he has no problem with the lay -out of the property, however, was hoping to see this property platted. For example, the Hardee's parcel could be identified as Lot 1, U.S. Swim & Fitness could be identified at Lot 2, and the remaining undeveloped property would be platted into an outlot. The Planner reported that under City Code any subdivision is supposed to occur by plat. However, if the City is notcomfortable with requiring a plat at this time, this require- ment can be waived. The City Planner stated that the amount of development potential in the property warranted requiring a plat. Schroeder reported that he is leasing the property to Hardee's and for tax purposes would like the property division. Schroeder reported that he expects to retain ownership of the property. Herkenhoff stated that he could not see a problem with waiving the platting Page 1 MINUTES Planning Commission June 9, 1988 Schroeder (Cont.) requirements at this time. The City Planner noted that the potential for development of the site is unclear, noting the amount of land involved and the intense development in the area. The Planner stated that if the City allows development to occur by splitting off lots, eventually the City and property owner may end up with a difficult piece of property to develop. Herkenhoff asked if a precedent would be set by not requiring a plat. The Planner did not think so and stated that the City is relatively free to decide whether or not the situation warrants enforcing platting requirements. However, the Planner believes the situation was unclear enough in this instance to require the plat. The Planner stated that with a plat, it would be less likely that any of the property would become landlocked. Schroeder commented that there is no potential for landlocking any property given the great deal of road access the property has. The Planner noted the concern in the Hardee's development with road access to Rice Street. That was a controversial issue and it is unclear what will happen on the rest of the property. The Planner stated that in terms of processing this property division, he would prefer to see the property platted. Schroeder pointed out that when he comes in with another development proposal on the site, the City will still have the authority to make any requirements of him they wish. Schweizer stated that she would be more comfortable with requiring the preliminary plat at this time. DeLonais asked what would be accomplished by platting. The Planner pointed out that the difficult metes and bounds description of the property would be eliminated. The undeveloped portion of the site would be platted as an outlot for final platting in the future. The Planner also pointed out that platting would provide a certain amount of legal information such as easements, drainage information, etc. Schroeder disagreed that additional information would be obtained and pointed out that the drainage of the property will depend on the next tenant found. The north driveway cannot be resolved until this next tenant is found. When the next development proposal comes in, the City will draw up a Development Agreement governing the development. The City still retains control. The City Planner reported that if the undeveloped portion of the site is platted as an outlot, the developer has no development rights for the parcel until acceptable development plans are submitted. If the undeveloped portion is not platted, then the property owner has some development rights. The Planner pointed out the situation of the property adjacent to Iona Lane and the difficult piece of property that was involved. Page 2 MINUTES Planning Commission June 9, 1988 Schroeder DeLonais stated that he saw no difficulty in approving a property division (Cont.) at this time. Herkenhoff agreed and felt the plat could be required when the next tenant is found. The Planner noted that the more development of the site the less need for the plat since it is more clear as to how the remaining property will develop. Herkenhoff recommended approval of the simple property division for the Schroeder property as presented with the intent that in the future when the next development proposal for this property is submitted, the City will require platting of the property. Motion seconded by DeLonais. Motion carried 4 - 1. Schweizer voting against. HUB Hobby Brian Bruce, HUB Hobby Center, appeared before the Commission and reported Center that his business is a tenant in the Little Canada Mall. Bruce reported CUP that there was an undeveloped field to the south of the store between the mall and Viking Drive. HUB received permission from the mall owner to build an off -road car track in this field. The track has been built and Bruce reported that he has found that he also needs a permit from the City. Bruce stated that he was unaware of the need for the permit from the City at the time he constructed the track, believing that all he needed was permission from the mall owner. DeLonais asked how much noise these cars generate. Bruce replied that the cars are electric and are very quiet. Davison asked the hours of operation. Bruce replied that approximately 9 A.M. until 7 P.M. is expected. Bruce reported that today there were 7 or 8 people using the track, however, on weekends there are been 70 to 100 people. Davison stated that he did not want to see any night use of the track which would require lighting the track. Don Eagen, property owner in the area, expressed concern with people crossing through his yard to get to the track. Eagen reported that the track and cars are very quiet, however, was concerned about the trespassing. Eagan was also concerned that Bruce dug a ditch which funnels run -off onto his property. Eagen reported that there are other drainage problems on his property, but these are coming from the silk screen business property. Bruce replied that he will redig his ditch and direct it to the south. Page 3 MINUTES Planning Commission June 9, 1988 HUB Hobby Eagan reported that he has discussed these drainage problems with the Center City in the past and nothing has ever been done. Eagan was concerned CUP that there is a motorcycle shop going in next to him and he was unsure (Cont.) how drainage will be handled on this property. The City Planner suggested that Mr. Eagan contact the Building Inspector with his concerns. Davison was concerned that the track has been constructed without a building permit and suggested that the Commission ignore the fact that the track already exists and make whatever stipulations or requirements it feels necessary. Eagan asked why he was never notified when the motorcycle shop or the silk screen business were being considered, but received a notice about this race track. The City Planner pointed out that the motorcycle shop and silk screen business were permitted uses and public hearings were not necessary in those instances. The Planner also reported that the City has the authority to require the mall owner to make drainage improvements on the property as a condition of this conditional use permit. However, the Planner noted that it appears that it is only necessary to redirect the ditch which can be done very easily. Davison asked if the applicant had any problems with the recommendations of the City Planner as contained in his report dated June 7th. Bruce questioned the recommendation for a crosswalk noting that people are parking in the lot and walking over to the track. There is no road that is being crossed. The applicant also reported that he blocks off the alley with orange cones on the weekend, however, the alley is still accessible to emergency vehicles. Schweizer asked if there were any parking problems on the site due to the track. Bruce replied that there were not. Davison recommended approval of the conditional use permit for miniature race track as requested by HUB Hobby Center subject to the Planner's recommendations as contained in his June 7th report and requiring that a landscaping and /or screen plan be submitted with the stipulation that existing vegetation may be utilized as adequate screening and setting the hours of operation of the track from 9 A.M. until 9 P.M. Motion seconded by Herkenhoff. Motion carried 5 - 0. Page 4 MINUTES Planning Commission June 9, 1988 HUB Hobby Center (Cont.) DeLonais recommended that the City Engineer review the drainage problems identified by Mr. Eagen and contact Mr. Eagen regarding these problems. Herkenhoff was concerned about the trespassing problem raised by Eagan. Herkenhoff suggested that if the problem continues a fence would have to be required of whoever is causing the problem. The City Planner suggested that the remedy would be to direct the mall owner to have tenants redirect their patrons. Herkenhoff suggested that Bruce meet with Mr. Eagan and work this problem out. Leibel The City Planner presented to the Commission for review and approval the Property Leibel final plat. The Planner reported that he has reviewed the plat and Division it is consistent with the preliminary plat the Commission previously approved. The Planner recommended approval. Schweizer recommended approval of the Leibel Final Plat based on the recommendation of the City Planner. Motion seconded by Herkenhoff. ( Motion carried 5 - 0. Bwana Mr. John Larson, Bwana Archery, appeared before the Commission requesting Archery a conditional use permit to build a new facility for Bwana Archery. Larson CUP reported that he has not put together development plans at this point since he wanted to determine if the City would be receptive to the location of his business within the City before he incurred the expense of drawing up plans. Larson reported that his business involves some manufacturing, some distribution, an indoor archery range and some retail sales. The Planner reported that there is not enough information to consider a conditional use permit at this time, but suggested that the Commission act on the concept of a CUP. The CUP can be acted upon formally when site and building plans are submitted. Davison asked if there are any State safety regulations involved in this sport. Larson reported that he does not allow any unsupervised children to shoot nor to be on the premises. Larson reported that there are few children who use the facility and the business caters mainly to adults. Larson reported that he has been in business on the east side of St. Paul for 15 years at his present location and has never had an accident or police call or insurance claim in those 15 years. Larson reported that it was a safe operation. Larson reported that there are 5 archery facilities in the Twin City area and he knows of no problems or accidents at these facilities. Page 5 MINUTES Planning Commission June 9, 1988 Bwana Davison asked if the archery business would be the only one on the site. Archery CUP (Cont.) Larson replied that it would. Palmen Addition Herkenhoff asked the application of archery. Larson reported that the people using the facility are not only hunters, but also competitive archers and recreational archers. Larson reported that they also have archery leagues operating at his present location. DeLonais asked the size of the building proposed. Larson replied that he is considering a 60 by 140 foot building at this time, but may have to scale that size down somewhat to meet parking requirements. Davison asked what the proposed building would be constructed from. Larson reported that he is planning a steel building to make the proposal cost effective. The Planner noted that steel buildingsare allowed in this area. Davison recommended concept conditional use permit approval for Bwana Archery. Motion seconded by Herkenhoff. Motion carried 5 - 0. The Planner noted that the formal CUP request and site plan will come before the Planning Commission. The Planner reported that consideration of the Palmen development proposal has been delayed until the July meeting since the applicant needed to submit additional planning information. Boosalis The City Planner reported that the City Council last evening acted on Proposal the Boosalis development proposal, however, one of the requirements was that the Planning Commission review the proposal for the residential development to the east. The Planner described the Boosalis commercial development proposed noting that a 50 foot setback has been provided to the Townsley property on the north and a 20 foot building separation between the two commercial buildings has been established. The Planner then described the residential portion of the development pointing out that four of the County Road C properties are zoned B -3. Page 6 MINUTES Planning Commission June 9, 1988 Boosalis The other two lots on County Road C are zoned R -1. The Council feels Proposal that eventually the rear of these lots will develop abutting the proposed (Cont.) residential street and it is Council's feeling that the lots should be rezoned to R -1. Mr. Boosalis has control of the westerly lot. The Planner reported that at last night's Council meeting the Council set a public hearing for July 13 to consider the rezoning of the rear of the County Road C B -3 properties to R -1. Mr. Boosalis is petitioning for the rezoning of his property and the other rezonings would be Council initiated. The Planner reported that he has discussed this matter with the City Attorney who feels that only the rezoning of the property controlled by the developer should be considered at this time until there can be further study done of the rezoning of the other properties. Davison questioned rezoning of the one lot when the City would not know about the others. The City Planner pointed out that when the street is improved, the benefited properties would be assessed for the street improvement. The Council would only allow single - family development on this new street since it is being constructed to residential standards and the City does not want commercial property fronting on a residential street. The other option to the property owners would be to not develop the rear of their properties. The Planner stated that the City Attorney did not recommend the City initiate a rezoning at this time since there are too many issues with existing uses to be investigated. However, the Attorney was comfortable with the rezoning of the parcel controlled by Mr. Boosalis. Davison pointed out that the commercial properties are paying taxes and asked if they could demand access to the new street. The Planner reported that the City could deny access, but then the potential for single - family development on these lots may be lost. The Planner pointed out that the City can say that the rear of these B -3 parcels must be used in a fashion established by the Comprehensive Plan, which in this case would be single - family due to the uses of the adjoining properties and the fact that the street would be a residential street. However, at this point the City is not comfortable with initiating the rezoning. Herkenhoff asked if the Iona Lane residents have reviewed the plan. Boosalis reported that numerous meetings have been held with the residents of Iona Lane and they have no objection to the plan and are happy with the single - family home development proposed. However, Tim Townsley is not completely satisfied with the buffer proposed to his property and would prefer either a larger buffer or the property adjacent to his developed as single - family. Page 7 MINUTES Planning Commission June 9, 1988 Boosalis Proposal (Cont.) The City Planner outlined the numerous meetings and workshop which were held with the Iona Lane residents and the fact that the plan before the Commission is a result of those meetings. Boosalis pointed out that the Planning Commission recommended a development plan be put together for the property to the east, to which the City Council agreed, and the plan before the Commission this evening is a result of many meetings and redrawings. Boosalis felt the City Council was comfortable with this plan. Boosalis reported that the parcel he is requesting be rezoned to R -1 is the only one of the 4 B -3 parcels on Council Road C which he controls. DeLonais asked the effect of the commercial development on the Townsley property. Boosalis showed a cross - section of the area showing the Townsley property and the proposed shopping center. Boosalis described the 50 foot setback proposed and the Council requirement for a fence at the 25 foot mark of the setback with requirement for planting of pine trees. Boosalis also reported that there would be a 3 to 4 foot high berm on the south side of the fence. Pine trees would be planted on top of the berm. Boosalis reported that the Iona Lane residents are happy with the residential development proposed. The City Planner agreed that Iona Lane was satisfied with the exception of Mr. Townsley who would prefer no development of the property. The Planner stated that the only way a reasonable single - family neighborhood will develop along the proposed new street is to have the property along the street single - family. However, the City Attorney is of the opinion that the issues need to be investigated before action is taken to rezone the B -3 properties not under the control of Boosalis. The Planner stated that he is encouraging the Commission to rezone the back portion of the B -3 lot Boosalis owns to R -1 since this will start to implement the residential plan that has been developed for the area. However, the Planner felt it more prudent to wait to act on the rezoning of the other 3 B -3 properties. Davison stated that he was not willing to say that the B -3 properties could not have access to the proposed road. The City Planner reported that the City has not determined how the road will be paid for, and it may be possible that there will be no need to assess for the road. If the B -3 properties are not assessed, the City can deny access, but this doesn't accomplish the City's goal because there will be B -3 property adjacent to a residential street. The Planner reported that the City wants R -1 property abutting the street and it is the City who is requiring the street. Page 8 MINUTES Planning Commission June 9, 1988 Boosalis Bill Souchy commented that his property will be devalued by rezoning it Proposal from B -3 to R -1 and asked who will compensate him for this loss in value. (Cont.) The Planner stated that the City is not sure of the value implications in a rezoning and there is the potential for an increase in value since the property would be gaining access to the street and there would be the ability to develop an additional lot. Davison pointed out that in other instances, the property owners have been forced to sell their property just to pay for the assessments. DeLonais pointed out that in other instancesthe developer was required to pay for the street improvement. The Planner pointed out that the developer does not own all the property abutting the street in this instance. DeLonais asked if assessments could be deferred. The Planner pointed out that there is a great deal of frontage for the road which cannot be assessed. The anticipation is that Tax Increment Financing will be used from the commercial development to help pay for the road. The Planner pointed out that there is approximately 1,300 feet of road and about 700 feet cannot be assessed. DeLonais asked when the road would be put in. The Planner replied that the City would be putting in the road and it would be constructed at the same time the commercial development goes in. Mrs. Kukk, property owner on County Road C, questioned that there was adequate room for the section of road adjacent to the animal hospital. The Planner stated that the aerial photographs show there is adequate room. Souchy asked why the ponds are shown on the plan. The Planner replied that the ponds are required and will take run -off from the commercial development before it goes into Round Lake. Souchy stated that he has heard the developer will give the ponds to the City. The Planner stated that the City may take an easement over the ponds but leave ownership with the developer. Souchy asked about the grade of the residential development. The Planner reported that grades have not been determined at this point, noting that the review is preliminary. Page 9 MINUTES Planning Commission June 9, 1988 Boosalis Davison asked if the property owners were in favor of the road. Davison Proposal also asked if the proposal would come back before the Commission for (Cont.) further review. The Planner replied that the proposal will come back to the Commission as a plat. Herkenhoff pointed out that any rezoning approval tonight gives inference that the residential development proposal is acceptable. The Planner agreed. Davison asked about assessments for the road. The Planner replied that the City has not done an analysis of the assessments. The issue before the Commission is the rezoning. Boosalis stated that the issue was what the back portions of the County Road C properties should be zoned and what direction the Commission wants to go on this issue. Boosalis reported that preliminary indications are that assessments for the road would be between $8,000 and $10,000. This would leave property owners with a net profit from the sale of the back portion of their lots. Davison felt that if the property remained B -3 and it was assessed for the road, the property owners would have a right to developer their property. The Planner noted that the street will be constructed as a residential street, and if the lots are subdivided they should be developed in a residential fashion. The Planner also noted that the issue of assessments is not being considered tonight. If the road improvement is assessed, an assessment hearing will be held and all property owners will have an opportunity to voice their opinions. However, there is still the possibility that it will not be necessary to assess the road if enough Tax Increment Financing assistance is generated from the commercial development. Pope asked why the ponds were being shown where they were on the plan. The Planner replied that this is the location of existing ponding on the property. Pope asked if it would be possible to soften the sharp bend in the road. The Planner agreed that there was this potential and this would be considered at the time of preliminary plat. Davison stated that he would not be in favor of assessing the B -3 property for the road improvement without allowing the B -3 property access. However, if the property was not assessed, then Davison would be in favor of denying access. Page 10 MINUTES Planning Commission June 9, 1988 Boosalis The Planner stated that the issue of land use and assessments will be Proposal resolved prior to the assessment hearing. (Cont.) Herkenhoff asked if County Road C property owners were in favor of the proposal. One property owner stated that she owned a B -3 lot and had no intention of dividing her property. DeLonais stated that he was not in favor of forcing development onto anyone. DeLonais stated that he believed the City and developer should put in the road. However, DeLonais felt that if the property owners divided their land sometime in the future, then they would pay for their share of the road cost. Boosalis stated that the assessment issue is not what requires action this evening, but rather the rezoning issue and the concept of the development. Herkenhoff pointed out that the Iona Lane people have been guaranteed that the area would be developed as R -1 and questioned the ability to come up with a better proposal than the one before the Commission this evening. DeLonais pointed out that the Commission previously denied the Boosalis CUP and asked why the Council acted on the CUP without further review by the Commission. The City Planner explained that if the Commission had tabled action, the Council could not have acted on the proposal for 60 days without a recommendation of the Commission. However, the Commission made a recommendation to deny, which the Council overturned after many meetings and compromises that were reached with the developer. Mr. DeLonais recommended approval of the concept of the Boosalis residential development with the condition that the road improvement be financed by the developer and the City and that no burden for this improvement be placed on the property owners, and subject to final plat being presented to the Planning Commission for review and action. Motion seconded by Herkenhoff. Motion carried 5 - 0. Herkenhoff recommended approval of the rezoning of the north 133.33 feet of 89 County Road C from B -3 to R -1 as per the request of Mr. Nick Boosalis. Motion seconded by Mr. DeLonais. Motion carried 5 - 0. Page 11 MINUTES Planning Commission June 9, 1988 Boosalis The City Planner reported that it is the recommendation of City staff Proposal that action on the rezoning of the other County Road C properties not (Cont.) owned by Mr. Boosalis be tabled until there is further investigation into the issues. Schweizer recommended tabling the rezoning of the remaining three County Road C properties from B -3 to R -1 pending further investigation and a report from City staff. Motion seconded by Herkenhoff. Motion carried 5 - 0. Country The City Planner reported that the Economic Development Committee has Drive been discussing the relocation of Country Drive in order to give the Relocation properties along the freeway better visibility to the freeway. If the road were relocated, the properties could be lowered, which is believed will increase their development potential. The City Planner pointed out that the City Engineer has prepared a preliminary report on cost estimates for road relocation. The Planner reported that at this time the Economic Development Committee is requesting authorization to continue to study the proposal since the work done thus far is very preliminary. Herkenhoff recommended that the Economic Development Committee be authorized to continue to study the Country Drive relocation proposal and come up with a recommendation on this matter. Motion seconded by Mrs. Schweizer. Motion carried 5 - 0. Adjourn DeLonais recommended that the meeting be adjourned. Motion seconded by Davison.. Motion carried 5 - 0. There being no further business, the meeting was adjourned at 9:47 P.M. Respectfully submitted, Kathy Gl af(zer Recording Secretary Page 12 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 CONDITIONAL USE PERMIT MAYOR Michael Fahey COUNCIL Beverly Scalze Bill Blesener Rick Conova Jim LaValle PROPOSAL: Conditional Use Permit for a battery powered, radio controlled miniature race track. LOCATION: Hub Hobby Center 80 Minnesota Avenue PROPERTY DESCRIPTION: 07- 29 -22 -33 -0008 J. F. EISENMENGER'S GARDEN LOTS SUBJ TO HWY & ESMTS; LOT 35 07- 29 -22 -33 -0003 LITTLE CANADA MALL ADDITION LOT 1 BLK 1 APPLICANT: William E. Barker PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at their June 9, 1988 meeting. The meeting starts at 7:30 p.m. and is held in the Council Chambers located at 515 Little Canada Road. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, June 22, 1988 at 7:30 p.m., or as soon as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road. All persons with reference to this matter will be heard during the Planning Commission meeting on June 9 and the City Council meeting on June 22. Y ' Joseph G. Chlebeck Clerk /Treasurer Page 13 va • :111:1 I-(11 rI I5r i MITII111gIu'1.11116fI1F1�' 1 •11(a _LLLtLLL1 1IO1... L 1(Tr tj 1 1 [[ 1 it. i iI Fri NI uIN1r L..in tlII'.- _�y`)��;l_t.}}L1, W LI41 1 1 1 1 µ I11109 I�4�1r I0 nle1t1r, t 11]It llt 61,•4++ _ MLsr Y T e` IG. 306e !�T INOS P 7 0 10 I5 i 19.1!,n . DISTRICT N. S 23 sit tai" N33%b. 1.14 sc. (1.). 1.--3.3.131(0 y 1 .. .. t:, We rii)1il iu dtiiu ��cwy3 S 1' V h(1 I • . 1 !,.'IrA a:,. (3) 70 . :. :(h),I:6J"67 it !'. RG.ISTEREP.; i t1ao .. ,1�iti:�i ✓ }.;!!,;r . -I i: P.00 • .. 350 911' AYL a2...� MIUU.M.C36,•fA - 0 WIT .(L)_ It 41.. 13 IAA N D •(te) "1 WERNER a HEIGHTS Ll;e- It rt.% 1 DES& 3 1'rE�v: l�•.• f�... SE.2.0 aR t LITTLE CANADA MALL' AbD.;(3) ,J, I,,. E. I I 'i;.l : 1`. e .'I nc .'I. (A)1" �'': dais 8...t$) .� .04 2 N 69 )IL IS97.b A .160.e I.11 (^K, t51''t bn :T; H:36 I Ig °. c e 1 •Ac( 1ACB'. El H -V-IKING -RR iv c;:I Page 14 Page 15 • 10 810, wAIL 1 1 • I L TFT! 1111111111 I:uih:i 311 Jiiii'iIiIiiiillhiWil 1T„ I I II 11 11 II 111 1111 1 P11110 111 jil hI 11 I .111111filiala 1111 it III 1 1110111111111E IbIll 111 1100111 II 11111 11111111111111 11 1111II I 1111110 IIII Ipp"rr fir •"rm 1 J ' ' gb1 6 David & Jane Koopman William M. Eagan 85 W. Viking Drive 192 McCarrons Blvd. S. Little Canada, MN 55117 St. Paul, MN 55113 07- 29 -22 -33 -0007 07- 29 -22 -34 -0003 Viking Partnership C/0 Marion Newman Edward J. Berglund 2829 University Ave. S. E. #204 17 Viking Drive W. Minneapolis, MN 55414 Little Canada, MN 55117 07- 29 -22 -33 -0008 07- 29 -22 -34 -0004 FinaServe, Inc. 8350 Central Expressway N. Dallas, TX 75206 07- 29 -22 -33 -0005 Donald J. Eagan 39 Viking Drive Little Canada, NW 55117 07- 29-22 -33 -0010 FinaServe TK Enterprises of Little Canada 2244 Rice Street 29 Viking Drive W. Little Canada, MW 55113 Little Canada, MN 55117 07- 29 -22 -33 -0005 07- 29-22 -33 -0011 Esther B. Johnson Robert P. Widstrand & 91 Viking Drive W. Scott J. & Rebecca A. Muellner Little Canada, MN 55117 1945 Rice Street N. 07- 29 -22 -33 -0006 Roseville, MN 55113 Raymond C. Eagan M. M. Sauvageau et al 2578 Boyd Avenue 47 Viking Drive Melbourne, FL 32935 Little Canada, MN 55117 07- 29-22 -33 -0001 07- 29 -22 -33 -0013 Viking Partnership McDonald's 71/22 P. 0. Box 66207 ANT' O'Hare Chicago, IL 60666 McDonald's 2260 Rice Street Little Canada, MN 55113 07- 29 -22 -33 -0004 Schroeder Development Company 2080 Rice Street St. Paul, MN 55117 07- 29 -22 -32 -0003 Hardee's 2300 Rice Street Little Canada, MN 55113 07- 29 -22 -32 -0003 U. S. Swim & Fitness 71 Minnesota Avenue Little Canada, NW 55117 Page 17 r=1 m • 0 mao E d NA 0 • *et, ' i0 ii lxi lcio ` x, M !O SO O H1tlON US M.00 B :` OL [9 00'04. R ^r IA Ott H1aON HlaON >se.r Thro N mot Hants 000[3 .,I l6 .0 ■,l nx AO MI M oily i,i .l 10 ,xi, ('v 1 M .1. Page 18 PLANNING REPORT FILE COPY northwest associated consultants, inc. TO: Little Canada Planning Commission FROM: Martha Greenwald /David Licht DATE: 2 July 1987 RE: Little Canada - Schroeder Subdivision FILE NO: 758.09 - 87.40 BACKGROUND A request has been made by Schroeder Development to subdivide an existing lot located on the corner of Minnesota and Rice into two parcels, as shown on the attached survey. The Hardee's located on the lot was the subject of a condi- tional use permit in 1986. Existing zoning is B -3, General Business. Parcel 1 is currently vacant. The area of the subdivision is 2.18 acres. CONSIDERATIONS 1. Simple Subdivision. Because this application involves the division of one parcel into two, the Ordinance specifies that the subdivider may be relieved in complying with any requirements of this Ordinance that area deemed approp- riate." The applicant is seeking the subdivision in order to establish the Hardee's property as a separate entity for property tax purposes. In view of the access questions which emerged when the Hardee's conditional use permit (CUP) was approved, we question whether a simple subdivision is appropriate to resolve the internal and external access questions relative to this site. A Planned Unit Development approach might more comprehensively address the commercial development environment in this area, particularly as it relates to adjoining thoroughfares and uses. Although a Concept Plan was presented to the City at the time the CUP was reviewed, it was not formally adopted. We also believe a formal platting process would ensure public right -of -way dedi- cation along Rice and Minnesota. The survey approach illustrates the right -of- ways, but leaves open the opportunity for future setback violations as parcel 1 is developed, since the right -of -way remains the developer's property. 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925 -9420 Page 19 Little Canada Planning Commission 2 July 1987 PageJwo 2. Lot and Area Requirements. Both parcels meet the 15,000 square foot mini- mum lot area requirements as specified in the. Ordinance. They also meet the setback and lot width requirements. Curb cuts shown on the plat comply with City requirements. 3. Easements. Easements are illustrated on the survey as required for Rice Street and Minnesota Avenue. These easements have been dedicated and are illustrated on the plat map. Drainage and utility easements need to be pro- vided along all outside lot lines. A bituminous driveway is shown on the northern part of parcel 1. This drive- way presumably provides access to a lot to the east of the parcel. A per- manent cross access easement should be established to maintain this access. 4. Grading and Drainage. No information has been provided by the applicant as to the nature of existing and proposed grading or drainage for the site. This material should be provided and reviewed by the City Engineer. 5. Park Contribution. A park contribution was apparently made at the time the Hardee's CUP was approved. The Little Canada Parks Commission should evaluate the adequacy of this contribution in light of the subsequent division of the site into two parcels. RECOMMENDATION It is recommended that the simple Subdivision be denied. Instead, it is recommended that both a formal platting process and a Planned Unit Development application proceed, which would provide for the following items: o A Planned Unit Development application should be submitted which illustrates the mixture of existing and proposed uses, as well as how internal and external access will be provided. o Right -of -ways along Minnesota and Rice Streets would be platted and formally dedicated, thus changing the property lines. o Drainage and utility easements should be provided along all outside lot lines. o A permanent access easement should be established for the bituminous driveway which provides access to properties to the east. o A grading and drainage plan should be developed for the site and approved by the City Engineer. o A parks contribution should be made if deemed necessary by the Little Canada Parks Commission. CC: Joe Chlebeck Tom Sweeney Don Carley Lowell Nagovsky Joe Nelson Robert Schroeder Page 20 1 33i 33 4 ]OL • u.r 16.55 t.w, um ]]rie 6u ew ]]OI I Nrebv artily INI IN] Certn.utt of Sundt, • Onzeipl.m c fnemenl 0Plan O 511e[Urulion L3 m 80.1emp locum 0 was ogwgy by me o, vole, mr mracl w Iron and Hui I am • Oulu flooisstt/aU Land S0, /er • urosln ym o1 1N Sure of Mlnntwla I.nv Tna.e Lv Ilne or TroL ▪ n E.L 6 Na 3c: "' 0 ogle 8 -10-4 -r mL] L., or zoo on 2 l< eul L0ING PARCEL 2 4 n� 4 n1 -- wcsT 3n cc p x 51> o •1 O 730 r Rood En. se rant 254.001 -S I.n e, or Trm# r.t Mtl 0, 5.3 T lmn SCALE 1 1 inch = 40 Peet • oe Iron co,.n o 0enoeee Af AVENUE 1n Il,nt Iarl of I raVt. A 11I61$11' MFU trail" 0000(0 00, 3011, 5i les of Mr'lla toe, of :It lo... Ilansey rounty, Ilinne01 to 15 i11Y West 0' the Leal /A!. fort n.r•«..I. Iv lue Smolt. of a line parallel ui le an0 150 l0.•1 Snu[n 0 (he r i v I l n r o f s o l d 'rat! A end .A C.01 nm t nil, :32 feet II.r•n•.!. Sub loci to a1. easement for road puroo se] over the 4e3 l 3e r AP.I'[l lno •..ulh 232 !Set of lrart 0• P(GIST[P(o I. MO 51.105IY M9, 309. ura nlrar of Tllles. Ramsey County. 0lnnes001 lylny Lesl e! l e s t 756 f e e l 5 . . r o of . Subject t o eas e monk for .cad our PUae0 the Soot!. 33 fret end the West 34 leel thereof, 0 P 10 Page 21 era - Z 31 E24 -59 X7 :9. F-- 0 r. 7. — Rice Street — (T H. No. 1.9) 6251 ---A C • 0 1 r, )1 1-1-1-.1--l-41]-1-1 Luif U•T Ej.). t.tst 11,1;111 IJI _ 1.11''11:1 • -1,11,11 IHJNIi •" ll't • r ;I ill !I 1111; iL !i 1 ,;11 H. I, 11, 11 1 1'• - 1 I . L IIIIIIIIIIIIII11:;1111Ur' Ev. ti..-;1, --if C-1,- • C-.L2 C--) ItI.,-- t...9 41; North. (.0 0 0 0 o 0 ar. 0 Page 22 (4) al 1 40!;) � �(0 SEC- 6- 29 -22- J. H?S rs ••• Hip. .. 21 1:1)1 •72 ac. 363o to 1 ..uk4ry Dr. 9e • ,z ,c 9 i3 3D•5b 300 (n) 3 (•0) CLOT g 2945 3‘.o 7t4 5 e • (19) n fiOI DGE Q7) i. 0-4 kaao (t) 2969 • r't'U,II o.,.x C• r 2995 lir (4) f !.�,) .. ^.Stec (,l „haw.) (3) hl a• • (13) • (C T. O "IOC. tr est, C 4n .• I e•a• y .4n..a. 152973 • (14--j‘ . -.r, r • 2972 2965 '• 15 ()q.) 2959 71) 14, 0 (no 4947 3(3.5 (3) 2921 ,r T) S 94 a) 290 I (9) (p:,)' r .. • aia9 • - (7) •I ^r a9 2o1 (e) 2964 2954 2944 ,. J 2.932.' — • Loo 10 0) N 2910 Pa4 23 09) II 21os,: _I [ 1 ; 1 , ; 1 i • I t---- -* m L -7-- - ---,C, 1 TE 1jL I 4\ 1% I- I- , ! 1 ■1) I\ 1 1 , I I l' e I ! 11-1 , 1 L P f 1 ! , , • • , • , -1-- [ , 7 -1--- 1- , 1 • , 1 (-- -r " I I I I Il 1 I J 1----/ -.4.- 1 c \ 1 .7 N 1 . -•••••,..... --- -1- . 1 ' I ' 61" 1_ L- 1 ,1 C9 fr.rj711-* -r-- r - 1 I . 1 1 1 - r i - r - . i 1 CAI 1 - 1 1 L 1 1 -, r J . -1- I- [ Itt-I I. I 7-■••\ . I 1 . - 1 ..1..._ 1 I l‘P 0 : I J : J 1 1 1 1 1 i 1 . P-a-de 24 11 L L 1, 1 ; '- • 1 i i ■ 1 I ! I • ; I -F•Mti H- I t I , I i I 1 I 1 --i- , L--- 1 i 1 .4i..... 1 1 - 1 l G`7 CITY OF LITTLE CANADA PETITION FOR IMPROVEMENT .eg_ � � , 19d _ he undersigned, owners of not less than 35 per cent in frontage of the real property abutting on Q vi hereby petition that such streets be improved by /�2 pursuant to Minn. Stets., Secs. 429.011 to 429.111. Signature of Owner Description of Property 736 daw L-ce 1.cu 17 Yu' tfic Lc-v\• 7[( r •/-56, . f /64" ct " /nG'o_eC-cr'/ Fied/41a �/ 22?a4uytsv, Arcc. with the Clerk of the City /7 day of REC NEO JUN 17 1988 City of Little Canada 1„ 75'i 6,1--41, ��_ 75.43 (a�- cJcz 4 of Little Canada, Minnesota this , 19. 25 A City Clerk x�rvriL7 q /--1- Q4/ .✓ // // /« c4- /61/4, 6 cce, 0,6, c' 7 6'" j`-�__ ort jduilK . 8/0 6,4 An . / (5717 /7 9 Si - 60) s ea>.6 .L,.o e3- 9 S s a 7270-24-, M -13*'2 7/7-77 Yt7 -"7 7G, 7 t, &, 25 Office of: JOSEPH G. CHLEBECK, Clerk 515 Little Canada Road Little Canada, Minn. 55117 4842177 CITY OF LITTLE CANADA RAMSEY COUNTY, MINNESOTA TO: Rick Collova FROM: John Palacio, Building Official DATE: April 27, 1988 RE: Bar -B -Que Grills on Apartment Balconies The City of Little Canada recognized the hazards of the potential fire of Bar -B -Que grills on balconies in 1977. They established some general guide rules which became Ordinance 144. Since then they have included the Ordinance into the Municipal Code Ordinance 602. and the guide lines still remain minimum requirements. If the condominium or apartments owners wish to incorporate their own guide lines which are more restricted, we would have no objections to that. Through a survey conducted by our office, we found that: Falcon Heights and White Bear Lake totally prohibit Bar -B -Ques on balconies, Roseville and Shoreview ordinances were similar to our ordinance, and New Brighton has no such ordinance. JP:d1 Page 26 MAYOR Michael Fahey COUNCIL Beverly Scalze Bill Blesener Rick Collova Jim LaValle ORDINANCE NO. 301 AN ORDINANCE AMENDING CHAPTER 1101 RELATING TO DOGS AND ANIMAL CONTROL THE CITY OF LITTLE CANADA HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 1101 of the Municipal Code of the City of Little Canada is hereby amended to read as follows: Section 1101.010. DEFINITIONS. As used in this chapter, except as otherwise provided, the following terms shall have the respective meanings ascribed to them: Animal shelter: Any premises designated by action of the city for the purposes of impounding and caring for animals found in violation of this chapter. At large: Not under restraint as defined in this section. Barking dogs: Any dog that barks, bays, cries, howls or makes any other noise continuously and /or incessantly for a period of ten (10) minutes or barks intermittently for thirty (30) minutes or more at any time either day or night. Cat: Any domesticated feline animal, male or female, whole or neutered. Dangerous dog: Any dog that, without being provoked, exhibits an "attack" behavior, or has bitten one or more persons. Dog: Any canine animal, male or female, whole or neutered. Dog enclosure: Any enclosure constructed for shutting in or enclosing dogs and having an area less than two thousand (2,000) square feet. Own: Unless otherwise specified, shall be deemed to mean keep, harbor, or have control, charge, or custody of an animal for a period of three (3) days or longer. This term shall not apply to animals owned by others which are temporarily maintained on the premises of a veterinarian or licensed kennel operator. Owner: Any person owning, or having charge or control of any animal or permitting any dog or cat to habitually be or remain on or be lodged or fed within such person's house, yard, or premises for a period of three (3) days or longer. This term Page 27 shall not apply to veterinarians or licensed kennel operators temporarily maintaining on their premises animals owned by others. Restraint: Controlled by a leash or by a competent person and immediately obedient to that person's command, or within a vehicle being driven or parked on the streets, or within the property limits of its owner. An unattended dog or other domestic animal on the property of another, without the consent of such property owner, is "at large" and not "under restraint ", even though it is on a leash. Stray: Any unlicensed dog, or any other domestic animal, the owner of which is unknown, and which is at large within the city. Vicious dog: Any dog which has caused serious bodily harm or disfigurement to any person, or has bitten one or more persons on two or more occasions. Section 1101.020. ENFORCEMENT. The provisions of this chapter shall be enforced throughout the City of Little Canada by any peace officer or other individual duly authorized by the City Council. Section 1101.030. RIGHT OF ENTRY. For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any police officer is empowered to enter upon any premises upon which a dog, cat or other animal is kept and to demand the exhibition of such animal by the owner of such animal and the license and rabies certificate for such animal. Any peace officer or other individual duly authorized by the City Council may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in such officer's opinion, it requires humane treatment. Section 1101.040. EXEMPTIONS. (A) Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter, except where such duties are expressly stated. (B) The licensing and vaccination requirements of this chapter, except as otherwise expressly stated, shall not apply to any dog or cat belonging to a nonresident of the city and kept within the city for not longer than thirty (30) days, provided all such dogs and cats shall at all times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owner. Page 28 (C) Dogs confined to a veterinarian clinic, animal hospital, or dogs engaged in law enforcement work for the city need not be licensed. Section 1101.050. LICENSE AND REGISTRATION REQUIRED. All dogs over three (3) months of age kept, harbored or maintained •within the city shall be licensed and registered. Dog licenses shall be issued by the City Clerk upon payment of a license fee of Ten Dollars ($10.00) for each dog and shall be valid for a period of two (2) years at which time the license must be renewed. The fee for renewal shall be Four Dollars ($4.00) and all renewals shall be subject to the provisions of Section 1101.070 of this chapter. The applicant shall give the following information on forms provided by the Clerk: owner's name and address, and name, breed (if known), color, and sex of the dog. The provisions of this section shall not be intended to apply to dogs whose owners are visitors temporarily in the city for sixty (60) days or less, to dogs brought into the city for appearance in a dog show, or to "seeing eye" dogs trained to assist blind persons when such dogs are actually being used by blind persons as "seeing eye" dogs. No person shall keep more than three (3) dogs over three (3) months of age in any residential dwelling within the City of Little Canada. Section 1101.060. DOG TAGS. Upon payment of the license fee the Clerk shall issue to the owner a license certificate and a metallic tag which shall have stamped thereon the number corresponding with the number on the license certificate and the name and address of the owner. Every owner shall be responsible for the tag being worn by the dog at all times. In the event a tag becomes lost, destroyed, or rendered illegible for any reason, a duplicate shall be applied for immediately and will be issued by the Clerk upon presentation by the owner of the license certificate and payment of a fee in the amount of Two Dollars and 50/100 ($2.50). Dog tags shall not be transferable from one dog to another and all licenses shall automatically expire upon the death of the dog. Section 1101.070. VACCINATION. It shall be unlawful for any dog owner to keep or maintain such dog unless it shall have been vaccinated with anti- rabies vaccine by a licensed veterinarian. No license or renewal of license provided for herein shall be issued except upon compliance with this section. Section 1101.080. RESTRAINT OR CONFINEMENT. All dogs shall be kept under restraint by their owners at all times._ Section 1101.090. CONFINEMENT OF CERTAIN DOGS AND OTHER ANIMALS. Page 29 (A) The owner shall confine within a building or a secure enclosure, every dangerous or vicious dog, and shall not take such dog out of such building, or secure enclosure, unless such dog is securely muzzled. (B) Every female dog or cat in heat shall be kept confined to the owner's property or any veterinary hospital, in such manner that such female dog or cat cannot come into contact with another animal, except for intentional breeding purposes. Section 1101.100. GUARD DOG WARNING SIGNS. Businesses located within the city limits and maintaining a guard dog for security purposes shall post notice, at the entrance to the premises, warning of the presence of said dog. Section 1101.110. DOG ENCLOSURES. (A) Purpose: It is the purpose of this section to abate existing nuisances and to prevent nuisances created by site, odor, noise and sanitation due to construction and placement of dog enclosures on private property. (B) Screening: Dog enclosures must be screened from view of adjacent property. (C) Placement: A dog enclosure shall not be placed closer than ten (10) feet to any lot line, except no dog enclosure shall be placed in a front yard, and in no event shall a dog enclosure be placed closer than fifty (50) feet of any dwelling unit other than one on the owner's property. (D) Sanitation requirements: No person shall permit feces, urine, or food scraps to remain in an enclosure for a period that is longer than reasonable and consistent with health and sanitation and the prevention of odors. (E) Applicability of section: This section shall be applicable to all dog enclosures constructed after the effective date of the ordinance from which this section is derived. Any pre- existing dog enclosure which is a nuisance or source of filth may be required to comply with this section by notice of compliance being given by the city manager. Failure to comply with such a notice within thirty (30) days of issuance shall be a violation of this Code. Section 1101.120. IMPOUNDMENT - ANIMALS AT LARGE; PROCEDURE. (A) Animals found running at large shall be seized by any peace officer or other individual duly authorized by the City of Page 30 Little Canada and impounded in a shelter designated as the animal shelter, and there confined in a humane manner for a period of not less than five (5) days, and may thereafter be disposed of in a humane manner if not claimed by their owners. Animals not claimed before the expiration of the five (5) days by their owners may be disposed of in accordance with state law, except as hereinafter provided. (B) The title of all animals seized and held at the animal shelter may be transferred to the Humane Society after the legal detention period has expired and the animals have not been claimed by their owners. (C) When animals are found running at large, and their ownership is known to the peace officer or other individual duly authorized by the City of Little Canada, such animals need not be impounded, but the animal control officer may, at such officer's discretion, issue complaints to the owners of such animals to appear in court. (D) Immediately upon impounding animals, every possible effort shall be made to notify the owners of such animals and inform such owners of the conditions whereby they may regain custody of such animals. Section 1101.130. REDEMPTION. (A) The owner shall be entitled to possession of any impounded dog, except as hereinafter provided, upon compliance with the license and vaccination provisions of this chapter and the payment of impoundment fees set forth herein. (B) Any other animal impounded under the provisions of this chapter may be reclaimed by the owner upon the payment of impoundment fees, compliance with the vaccination requirements, if any, set forth in this chapter. (C) When in the judgment of a licensed veterinarian and peace officer or other individual duly authorized by the City Council, an animal should be destroyed for humane reasons, such animal may not be redeemed. (D) Any animal impounded under the provisions of this article and not reclaimed by its owner within five (5) days, may be placed in the custody of some person deemed to be a responsible and suitable owner, who will agree to comply with the provisions of this chapter and such other regulations as shall be fixed by the city. Section 1101.140. IMPOUNDMENT FEES. Any animal impounded hereunder may be reclaimed by a person proving ownership of such dog by a sworn statement in writing within five (5) days after Page 31 such seizure and impoundment. Before the owner shall be permitted to resume possession of such dog, he shall pay to the City Clerk, or to such agent as the City Council may designate, all fees and costs of seizure and impoundment. Section 1101.150. BARKING DOGS. It shall be unlawful for any person to own, keep, or harbor any dog which is considered a barking dog. A dog shall not be deemed a barking dog if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property upon which the dog is situated or when the dog is teased or provoked. Section 1101.160. CLEANING UP LITTER. (A) The owner of any dog or any person having the custody or control of any dog shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. (B) It is unlawful for any person owning, keeping or harboring a dog to cause or permit said dog to be on property, public or private, not owned or possessed by such person without having in his /her immediate possession a device for the removal of feces and depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by such person. (C) It is unlawful for any person in control of, causing or permitting any dog to be on any property, public or private, not owned or possessed by such person to fail to remove feces left by such dog to a proper receptacle located on property owned or possessed by such person. (D) The provisions of this section shall not apply to the ownership or use of seeing eye dogs by blind persons, dogs when used in police activities by the city, or tracking dogs when used by or with the permission of the city. Section 1101.170. PENALTY FOR VIOLATION OF THIS CHAPTER. Any person in violation of any of the provisions of this chapter shall be guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense. Section 2. This Ordinance shall take effect and be enforced from and after its passage and publication. Page 32 PASSED by the City Council of Little Canada this day of June, 1988. Michael I. Fahey, Mayor ATTEST: Ayes Nays Joseph G. Chlebeck, City Clerk Page 33 Thomas M. Sweeney James J. O'Connor George F. Borer Paul T. Ostrow Sweeney, O'Connor & Borer Professional Association Attorneys at Law Suite 1200 One Capital Centre Plaza 386 North Wabasha Street St. Paul, Minnesota 55102 June 16, 1988 Mr. Joseph G. Chlebeck Little Canada City Clerk 515 Little Canada Road Little Canada, MN 55117 Re: Proposed Ordinance Prohibiting Black Jack Tables and Other Gambling Activities, Our File No. 6171 Dear Mr. Chlebeck: Telephone (612) 222 -2541 At the request of the City Council, I have prepared a proposed Ordinance which would have the effect of precluding black jack tables in both non - intoxicating and intoxicating liquor establishments. You will note that this proposed Ordinance expressly states that black jack tables, in addition to dice and slot machines, are prohibited whether or not criminal statutes are being violated by their use. You will also note that I have added language which allows lawful gambling for charitable purposes, if properly licensed and pursuant to statute. I have also deleted from Section 703.070(8) the prohibition of pin ball machines. Would you please review the enclosed to see if any additions or deletions are necessary. If the enclosed is acceptable, would you please submit the same to the Council for their consideration at the meeting of June 22, 1988. If you have any questions, please contact me. PTO: cjb Enclosure Very truly yours, SWEENEY, O'CONNOR & BORER Attorneys for City of Little Canada Paul T. Ostrow Page 34 ORDINANCE NO. ORD. 302 _ AN ORDINANCE ADDING SECTION 701.170 AND AMENDING SECTION 703.070(8) OF THE MUNICIPAL CODE OF THE CITY OF LITTLE CANADA, PROHIBITING BLACK JACK TABLES AND OTHER GAMBLING DEVICES IN NON - INTOXICATING AND INTOXICATING LIQUOR ESTABLISHMENTS THE CITY COUNCIL OF LITTLE CANADA HEREBY ORDAINS AS FOLLOWS: Section 1 Section 701 of the Municipal Code of the City of Little Canada is added as follows: 701.170. GAMBLING DEVICES PROHIBITED. It shall be unlawful for any person duly licensed to sell non- intoxicating malt liquor to keep, possess or operate or permit the keeping, possession or operation of, on any licensed premises, any slot machine, dice, black jack table, or any gambling device or apparatus, whether or not said devices are being used in violation of M.S. 609.755 or 609.76, and it shall be unlawful for any licensee to permit any gambling on licensed premises. This Section shall not preclude lawful gambling pursuant to M.S. 349 nor shall it preclude the possession of properly licensed and registered gambling equipment as defined in M.S. 349.12, Subd. 15. Section 2 Section 703.070(8) of the Municipal Code of the City of Little Canada is hereby amended to read as follows: 703.070(8) No licensee shall keep, possess or operate or permit the keeping, possession or operation of, on any licensed premises, or in any room adjoining the licenses premises, any slot machine, dice, black jack table, or any gambling device or apparatus, whether or not said devices are being used in violation of M.S. 609.755 or 609.76, and no licensee shall permit any gambling on licensed premises. This Section shall not preclude lawful gambling pursuant to M.S. 349 nor shall it preclude the possession of properly licensed and registered gambling equipment as defined in M.S. 349.12, Subd. 15. No licensee shall permit the licensed premises or any room therein or any room in any adjoining building, directly or indirectly under his control, to be used as a resort for prostitutes or other disorderly persons. Page 35 Section 3 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 , 1988. ATTEST: Joseph G. Chlebeck, Clerk Michael I. Fahey, Mayor Page 36 Thomas M. Sweeney James J. O'Connor George F. Borer Paul T. Ostrow Douglas B. Meslow Sweeney, O'Connor & Borer Professional Association Attorneys at Law Suite 1200 One Capital Centre Plaza 386 North Wabasha Street St. Paul, Minnesota 55102 June 16, 1988 Mr. Joseph G. Chlebeck City Clerk 515 Little Canada Road Little Canada, MN 55117 Re: Centerville Park Project (A.I.C. Corporation) Our File No. 6115 Dear Joe: Telephone (612) 222 -2541 Please be advised that the attorneys for A.I.C. Corporation have indicated that the purchase of the eight acre tract be conditioned on the fact that seller would only pay special assessments levied as of the date of closing. It appears that the closing date will be on or about July 31, 1988. As you recall, the purchase of other property in this project has been subject to the condition that the seller pay all special assessments, whether levied, pending or deferred. The enclosed amended Purchase Agreement for Lot 6, Nadeau Addition, which is the northernmost four acre tract, has a similar provision relative to the payment of only levied special assessments. Secondly, the anticipated closing date is June 30, 1988, which is not practical at this late date. Thirdly, the proposed one year Contract for Deed, which provides for the payment of $1,000 at the time of closing and the balance of $95,316 one year from now, provides for the payment of interest on the unpaid balance at the rate of 11 1/2 %, which amount will be payable one year from now. Would you please submit the enclosed to the Council for their consideration of the counter - offers. If anyone has any questions relative to this matter, please contact the undersigned. TMS:slc Enclosure Page 37 Yours very truly, SWEENEY, O'CONNOR & BORER k Thomas M. Sweeney PURCHASE AGREEMENT Little Canada, Minnesota. May , 1988 RECEIVED of the City of Little Canada the sum of One Thousand and No /IOO ($1,000.00) Dollars by check as Earnest Money to be deposited the next day after acceptance in trust account (unless otherwise specified in writing) and in part payment for the purchase of the premises legally described as: Lot 6, Nadeau Addition, Ramsey County, Minnesota, for a total acreage of 3.9 acres, + or -. in the City of Little Canada, County of Ramsey, State of Minnesota, including all plants, shrubs and trees located on the premises, all of which property Seller has this day sold to Buyer for the sum of Ninety -Six Thousand Three Hundred Sixteen and No /100 ($96,316.00) Dollars, which Buyer agrees to pay in the following manner: Earnest Money of $1,000.00, and $95,316.00 pursuant to a Contract for Deed in the form of the attached Exhibit A, to be executed on June 30, 1988, the date of closing. Seller agrees that Buyer shall have the right to investigate and test the property at its expense for any contamination or presence of hazardous substance as that term may be defined by any Federal, State or local law, statute, ordinance or rule. If, prior to the date of closing, Buyer determines in its absolute discretion that such substance exists, this Agreement will be null and void at the option of the Buyer and all Earnest Money will be returned to Buyer if this Agreement is void. Seller represents and warrants that it has done nothing to cause such substances to occur on the property and that it does not know of any such substances on or affecting the property. Buyer shall indemnify Seller from any losses, costs, or expenses resulting from Buyer's entry upon the property. Subject to performance by Buyer, Seller agrees to execute and deliver a Contract for Warranty Deed, in the form of the attached Exhibit A, conveying marketable title to the premises subject only to the following exceptions: (1) Building and zoning laws, ordinances, State and Federal regulations. (2) Restrictions relating to use or improvement of the premises without effective forfeiture provision. Page 38 (3) Reservation of any minerals or mineral rights to the State of Minnesota. (4) Utility and drainage easements which do not interfere with present improvements. (5) Rights of tenants, if any. Seller and Buyer agree to prorate taxes and special assessments due and payable in the year 1989. Seller agrees to pay on the date of closing all levied special assessments. Buyer shall pay taxes due and payable in the year 1990 and thereafter, and shall assume all assessments pending or deferred as of the date of closing. Seller warrants that taxes due and payable in the year 1989 will be non- homestead classification. Seller makes no representation concerning the amount of future real estate taxes. Seller agrees to deliver possession not later than the date of closing. Seller agrees to remove all debris and all personal property not included herein from the premises before possession date. Seller shall, furnish to Buyer an Abstract of Title, or a Registered Property Abstract, on or before June 20, 1988, certified to date to include proper search covering bankruptcies, State and Federal judgments and liens. Buyer shall be allowed 10 business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. If any objection is so made, Seller shall be allowed up to 120 days after receipt of written objections to make the title marketable, and the date of closing shall be postponed accordingly. If title is not corrected prior to the expiration of such 120 day period, this Agreement shall be null and void, at the option of Buyer, neither party shall be liable for damages hereunder to the other, and Earnest Money shall be refunded to Buyer. If title is marketable or is corrected within said time, and Buyer defaults in any of the agreements herein, Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by Seller as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this Agreement, provided Page 39 this Agreement is not terminated and action to enforce specific performance is commenced within six months after such right of action arises. Buyer understands and agrees that this sale is subject to acceptance by Seller in writing. I agree to purchase the premises for the price and on the terms and conditions set forth above. BUYER: CITY OF LITTLE CANADA By: Michael I. Fahey, Mayor By Joseph G. Chlebeck, City Clerk I, the owner of the premises, accept this Agreement and the sale hereby made. SELLER: A. I. C. CORPORATION, INC. By: Its STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1988, by Michael I. Fahey, Mayor, and by Joseph G. Chlebeck, City Clerk, of the City of Little Canada, a Minnesota municipal corporation, on behalf of the corporation. Notary Public Page 40 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1988, by , the of A.I.C. Corporation, a Minnesota corporation, on behalf of said corporation. Notary Public Delivery of all papers and money shall be made at the office of: CITY OF LITTLE CANADA 515 Little Canada Road Little Canada, MN 55117 This Instrument was Drafted by: SWEENEY, O'CONNOR & BORER Suite 1200 386 North Wabasha Street St. Paul, MN 55102 3832W Page 41 Pt. III :AUINGS. Headings of the paragraphs of this contract are for cunvenll• nee only and do not define, limit or construe the cunlents of such paragraphs. providing for assessments to he levied against the Properly by any uwnerS associt assessments may become a lien against the Property if not paid. then; (al Purchaser shall promptly pay, when due, all assessments imposed by the other governing holy as required by the provisions of the declaratiot and (1)1 So long as the owners' assuciati nn maintains a master extended coverage perils and such other hazart contract, then; (i) Purchaser's obligation in this Property is satisfied; nl (ii) The provisions in shall be so (Pit In the ,eiatinn or related documents: Ikea policy of insurance against fire. In such amounts as are required by this raci to maintain hazard insurance eO'l•rage oo the raph 8 of this cent ract n'garding implication of i \ ed be the provisions of the declaration or other solute(' it of a distribution of insurance 'seconds in iicu.d restos:dim) or sd casually Toss to the Property, an} such proceeds payable In Put assigned and shall be paid to Seller for applL aLion to the sum ,cede••(. 1.y .::ranee proceeds documwlts: and e11a11' for Ins''1I nn rohnser are hereby 1,115 cant..raet with 20. A1)1)1110NA 1, 1'E1MS: SELLER A...L II— CORPQRATIDE Mi one SO t& corporation By By Its President PU RCH ASEIt(S) CT TV DL LITTLE CANADA. .a- Minnesota municipal corporation By: Its Mayor Its Bys State of Minnesota County of The foregoing instrument was acknowledged before 010 this -- day of 1 ')8B by _xlwk .. _._ __ the ire cident- xco>d elf A-T C CDRPOitA.TION_ a- cnrporat i on _under the l•Iws of M.innesatn on behalf of the— QOSA9Sa t .4 Qn Fu. Its City Clerk N1II Alll. \I. Sl AMe alt s, :A,. ilrll ln'l llal'I'nl.l: nil IL\KFl FILFA I'I'III: ul' NOIAlt\ 1'1'111 t, l,lt ✓1111.11 u1'I'Ielal State of Minnesota County of The foregoing instrument was acknowledged lief ire me this _ day of 19 88, by sand Ithe a or_and City -Clerk oi_CTTY OF LLTTLF CANADA, a municip.al_torporar i nn alf of the corporation. .- • u .. Of • N01 ARIIALtOAMI lrracs Tln.8 11) (AN '11115 INsr1111M1 :N1' WAS IMMO:1 :11 In 'NAME ARb AIIn11Y :5S BEST & FLANAGAN (GDS) 3500 IDS CENTER MINNEAPOLIS, MN 55402 SIONAT0111ill NllrAey (twat ull1i 111(1114hlAl lax SIalemeres lot the real properly deScr ilyl In ens m11rUmrol slso015 be sent to City of Little Canada 515 Little Canada Road Little Canada, MN 55117 FAILURE TO RECORD OR FILE ''1115 CONTRACT FOR DEED MAY GIVE O'I'IIER PARTIES PRIORITY OVER PURCHASER'S INTEREST IN TIIE PROPERTY. Page 42 (b) PURCHASER'S ELECTION 'PO REBUILD. If Purchaser is not in default under this contract, or after curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do not require otherwise, Purchaser may elect to have that portion of such insurance proceeds necessary to repair, replace or restore the damaged Property (the repair work) deposited in escrow with a bank or title insurance company qualified to do business in the State of Minnesota, or such other party as may be mutually agreeable to Seller and Purchaser. The election may only be made by written notice to Seller within sixty days after the damage occurs. Also, the election will only be permitted if the plans and specifications and contracts for the repair work are approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a permitted election is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the repair work, Purchaser shall, before the commencement of the repair work, deposit into such escrow sufficient additional money to insure the full payment for the repair work. Even if the insurance proceeds are unavailable or are insuffficient to pay the cost of the repair work, Purchaser shall at all times be responsible to pay the full cost of the repair work. All escrowed funds shall be disbursed by the escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Purchaser into such escrow before the commencement of the repair work. Purchaser shall complete the repair work as soon as reasonably possible and in a good and workmanlike manner, and in any event the repair work shall be completed by Purchaser within one year after the damage occurs. If, following the completion of and payment for the repair work, there remain any undisbursed escrow funds, such funds shall be applied to payment of the amounts payable by Purchaser under this contract in accordance with paragraph 8 (a) above. 9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY. (a) LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this contract to any person or persons or property while on or about the Property. Purchaser shall defend and indemnify Seller from all liability, loss, costs and obligations, including reasonable attorneys' fees, on account of or arising out of any such injuries. However, Purchaser shall have no liability or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. (b) LIABILITY INSURANCE. Purchaser shall, at Purchaser's own expense, procure and maintain liability insurance against claims for bodily injury, death and property damage occuring on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. 10, INSURANCE, GENERALLY. The insurance which Purchaser is required to procure and maintain pursuant to paragraphs 7 and 9 of this contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller, The insurance shall be maintained by Purchaser at all times while any amount remains unpaid under this contract. The insurance policies shall provide for not less than ten days written notice to Seller before cancellation, non-renewal, termination or change in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. 11. CONDEMNATION, If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchaser under this contract, even if such amounts are not then due to be paid. Such amounts shall be applied first to unpaid accrued interest and next to the installments to be paid as provided in this contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this contract or change the atnount of such installments. The balance, if any, shall be the property of Purchaser. 12. WASTE, REPAIR AND LIENS, Purchaser shall not remove or demolish any buildings, im- provements or fixtures now or later located on or a part of the Property, nor shalt Purchaser commit or allow waste of the Property. Purchaser shall maintain the Property in good condition and repair. Purchaser shall not create or pertnit to accrue liens or adverse claims against the Property which constitute a lien or claim against Seller's interest in the Property. Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable attorneys' fees, incurred by Seller to remove any such liens or adverse claims. 13. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser's full performance of this contract, pay the deed tax due upon the recording or filing of the deed to be delivered by Seller to Purchaser. The mortgage registry tax due upon the recording or filing of this contract shall be paid by the party who records or files this contract; however, this provision shall not impair the right of Seller to collect from Purchaser the amount of such tax actually paid by Seller as provided in the applicable law governing default and service of notice of termination of this contract. 14. NOTICE OF ASSIGNMENT. If either Seller or Purchaser assigns their interest in the Property, a copy of such assignment shall promptly be furnished to the non - assigning party. 15. PROTECTION OP INTERESTS. If Purchaser fails to pay any sum of money required under the terms of this contract or fails to perform any of Purchaser's obligations as set forth in this contract. Seller may, at Seller's option, pay the same or cause the same to be performed, or both, and the amounts so paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated in paragraph 4 of this contract, as an additional amount due Seller under this contract. If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, con tract for deed, lien or encumbrance against the Property which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default under this contract, Seller shall timely pay all amounts due thereon, and if Seller fails to do so, Purchaser may, at Purchaser's option, pay any such delinquent amounts and deduct the amounts paid from the installment(s) next coming due under this contract. 16. DEFAULT. The time of performance by Purchaser of the terms of this contract is an essential part of this contract. Should Purchaser fail to timely perform any of the terms of this contract, Seller may, at Seller's option, elect to declare this contract cancelled and terminated by notice to Purchaser in accordance with applicable law. All right, title and interest acquired under this contract by Purchaser shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchaser pursuant to this contract shall belong to Seller as liquidated damages for breach of this contract. Neither the extension of the time for payment of any sum of money to be paid hereunder nor any waiver by Seller of Seller's rights to declare this contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel this contract because of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law, Purchaser shall, upon demand, surrender possession of the Property to Seller, but Purchaser shall be entitled to possession of the Property until the expiration of such period. 17. BINDING EFFECT. The terms of this contract shall run with the land and bind the parties hereto and their successors in interest. age O r (iii) The following liens or encumbrances: none and (b) Deliver to Purchasers the abstract of title to the Property or, if the title is registered, the owner's duplicate certificate of title. 4 PURCHASE PRICE. Purchasers shall pay to Seller, at 2500 West count y Roar] "r" Roseville, Minnesota 55113 Ninety -Sim as and for the purchase »-ice for he Property, payable as follows: $ 1,000.00 certifi d funds, receipt of which is hereby acknowledged; a�1d • • • , the sum of V1 SQf.,'Ylf nn ) 5 95,316.00 together with interest thereon-at—'4e annual rate of eleven and one -half per6ent (11.5%))rom the date hereof, payable in full on May 157- 1989".' Purchaser shall not, without the prior written consent of Seller, sell, transfer or convey any interest in the Property or construct any improve- ments or structures or take any other action which might subject the Property to a mechanic's lien claim. 5. PREPAYMENT. Unless otherwise provided in this contract, Purchaser shall have the right to fully or partially prepay this contract at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this contract, including unpaid accrued interest, and the balance shall be applied to the principal installments to be paid in the inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. 6. REAL ESTATE 'TAXES AND ASSESSMENTS. Purchaser shall pay, before penalty accrues, all real estate taxes and installments of special assessments assessed against the Property which are due and payable in the year 19-4-fl and in all subsequent years. Real estate taxes and installments of special assessments which are due and payable in the year in which this contract is dated shall be paid as follows: by Seller, together with all special assessments levied but payable after 1988. Real estate taxes payable in 1989 shall be prorated between the parties. Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the years preceding the year in which this contract is dated are paid in full. 7. PROPER'L'Y INSURANCE. (a) INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings, improvements and fixtures now or later located on or a part of the Property insured against loss by fire, extended coverage perils, vandalism, malicious mischief and, if applicable, steam boiler explosion for at least the amount of full replacement cost - If any of the buildings, improvements or fixtures are located in a federally designated flood prone area, and if flood insurance is available for that area, Purchaser shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller. (b) OTHER TERMS. The insurance policy shall contain a loss payable clause in favor of Seller which provides that Seller's right to recover under the insurance shall not be impaired by any acts or omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and privileges customarily provided a mortgagee under the so'called standard mortgage clause. (c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualty, Purchaser shall promptly give notice of such damage to Seller and the insurance company. 8. DAMAGE TO THE PROPERTY. (a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty, the insurance proceeds paid on account of such damage shall be applied to payment of the amounts payable by Purchaser under this contract, even if such amounts are not then due to be paid, unless Purchaser makes a permitted election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and next to the installments to be paid as provided in this contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such . nctali.nnnla Thn {.olonnn :tangy n2/4nde :f an.. e{.oll hn ll.o nrnnnrin of Pnrrhnenr CONTRACT FOR DEED EXHIBIT A Form No. 56 -M llinnrnnm llni M1.nn ('on'' M, '''g lllnnFa 119tH, worm, 5. 000m<o f,orporaimn or I arinershm Seller No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )filed ( )not required , 19 County Auditor 13y Deputy (reserved for mortgage registry lax payment data) (reserved for recording data) MORTGAGE REGISTRY TAX DUE HEREON: Date Jung 10 THIS CONTRACT FOR DEED is made on the above date by A.I.C. CORPORATION a corporation under the laws of Minnesota Seller, and Citv_of LSttle Canada a Minnesota municipal corporation Purchaser (whether one or snore). Seller and Purchaser agree to the following terms: 1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys, real property in Ramsey County, Minnesota, described as follows: Lot 6, Nadeau Addition, according to the recorded plat thereof. together with all hereditaments and appurtenances belonging thereto (the Property). 2. TITLE. Seller warrants that title to the Property is, on the date of' this contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions, declarations and easements of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Building, zoning and subdivision laws and regulations; (d) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of thia contract; and (e) The following liens or encumbrances: none 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's prompt and full performance of this contract, Seller shall: (a) Execute, acknowledge and deliver to Purchase' a J3ars.anty Deed, in recordable form, conveying marketable title to the Property to Purchaser, subject only to the following exceptions: (i) ')'hose exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract; (ii) Liens, encumbrances, adversecl aims or other matters which Purchaser has created, suffered or permitted to accrue after the date of this contract; and Page 45 cvi,?e-zo 477..adk2z),}, (lath/ eadiadet, SAL etrionza die2. ,e0ortect "at .tcr 4,6-?,e; ye/ ata,-,2‘z, .20zat :,e eazaZvo nna, ty, iffsaaze_a. Aca.,lk air./ htd) /42(Ataxzet Spz‘07,9i4z4 de ,44).,,,,,b am,c( A 2 :ohluitot t, :Hi ineA/Pcvii 4 / ..4 b)2- / cto-n-eu;fri ,Ade, 6 1--f,y2) Aa,&2 lei awro,e. (1.6-eVe2 ea-nctiet kilf -602421-C4, eblideA) -eferVe-thtt cf'? a4ZeC 4(<4.0t, `PMATt &Al a2/ 7/ aAtr:ze a2Eni6; atet,i //dv -5/0 ALcio ne-g,,z) 4 414 Cle441,2 _ Me/ ,..4,1U ZL, .-125/2/1Zr2.7-e/te,,b „62,r-caZcirn, (.44fre,u/ktaii at L5:pin File,ta> 66- dee,tit c\fe; dr deirkl) veoidiett r"led, e1/24,,,dA„, 0,6d, atir2 sv 2t. AA/ zap Se; %ALL, 4ek6ei7L) ,%9C1,1-0.771e, Zit? raj° ,Act0677./(x Ar2,,(1,4 062-6a Page 46 Office of: JOSEPH G. CHLEBECK, Clerk 515 Little Canada Road Little Canada, Minn. 55117 484 -2177 CITY OF LITTLE CANADA RAMSEY COUNTY, MINNESOTA MEMORANDUM TO: Mayor and City Council FROM: Joseph G. Chlebeck DATE: June 17, 1988 RE: Debi Sinna's Letter Speed Limit on Edgerton Street I called the Sheriff about the traffic on Edgerton Street. They are patrolling it more; however, the traffic is not much. The average speed is 40 -45 mph. They suggested that we try to lower the speed limit on Edgerton. The Sheriff informed me that if the speed limit is 40 mph, people will generally drive 45 mph. We have tried several times to lower the speed limit but the Sheriff's office feels that due to the increase in population growth, the speed limit should be lowered. They also informed me that they give out more speeding tickets on Little Canada Road than Edgerton Street in a 15 minute period. JGC:kpv Page 47 MAYOR Michael Fahey COUNCIL Beverly Scalze Bin Blesener Rick Conova Jim LaValle Office of: JOSEPH G. CHLEBECK, Clerk 515 Little Canada Road Little Canada, Minn. 55117 484 -2177 CITY OF LITTLE CANADA RAMSEY COUNTY, MINNESOTA MEMORANDUM TO: Joseph G. Chlebeck FROM: Bev Scalze DATE: June 17, 1988 RE: Specifications for Walking Path Construction The Park Commission recommends that the Council authorize Bill Sanders to prepare specifications for the walking path construction from Gilbertson field south to the lower ball fields. People now walk on the driveway. This will be a change order addition to the Thunder Bay Trail contract. The change order will come later. BS:kv Page 48 MAYOR Michael Fahey COUNCIL Beverly Scalze Bill Blesener Rick Collova Jim LaValle ORDINANCE NO. 3():13 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF LITTLE CANADA, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES AND FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF LITTLE CANADA, RAMSEY COUNTY, MINNESOTA, DOES ORDAIN: Section 1. There be and hereby is granted to Northern States Power Company, a Minnesota corporation, its successors and assigns, hereinafter referred to as "Company ", during the period of 20 years from the date hereof, the right and privilege of constructing, operating, repairing, and maintaining, in, on, over, under, and across the streets, alleys and public grounds of the City of Little Canada, Ramsey County, Minnesota, hereinafter referred to as "City" an electric distribution system and electric transmission lines, including poles, pole lines, and fixtures and appurtenances, usually conveniently, or necessarily used in connection therewith, for the purpose of transmitting and furnishing electric energy for light, heat, power and other purposes for public and private use in and to said City and the inhabitants thereof, and others, and for the purpose of transmitting into and through said City such electric energy, provided that such electric distribution system and transmission lines shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets, alleys, and public grounds, and provided that Company, in the construction, operation, repair and maintenance of such poles, pole lines, and fixtures and appurtenances, shall be subject to such reasonable regulation as may be imposed by the City Council. Section 2. The service to be provided and the rates to be charged by Company for electric service in the City shall be subject to the jurisdiction of the Public Utilities Commission of this State. Company shall provide reasonably efficient and adequate service to members of the public within the City who apply for such service in accordance with the rules and regulations of Company. Section 3. There is also granted to Company, during the term hereof, permission and authority to trim all trees and shrubs in the streets, alleys, and public grounds of said City which may interfere with the proper construction, operation, repair, and maintenance of any poles, pole lines, and fixtures and appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save said City harmless from any liability in the premises. Page 49 Section 4. The City shall give the Company at least two weeks prior written notice of a proposed vacation of a public way. Except where required solely for a City improvement project, the vacation of any public way, after the installation of electric facilities, shall not operate to deprive Company of its rights to operate and maintain such electric facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right -of -way under Minnesota Statutes, Section 160.29. Section 5. Company shall have full right and authority to assign to any person, persons, firm, or corporation all the rights conferred upon it by this Ordinance, provided that the assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this Ordinance. Section 6. Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, file a written acceptance of the rights hereby granted with the City Clerk within ninety (90) days after the final passage and any required publication of this Ordinance. Section 7. This Ordinance shall be in full force and effect from and after its passage, any publication required by law, and acceptance by Company. Section 8. Where a provision of any other Ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Passed and approved: , 19_ Attest: City Clerk Page 50 Mayor ORDINANCE NO. 304 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSE OF INSTALLING, ENLARGING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF LITTLE CANADA, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO SAID CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH SAID CITY, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSE. THE CITY COUNCIL OF THE CITY OF LITTLE CANADA, RAMSEY COUNTY, MINNESOTA, DOES ORDAIN: Section 1. There be and hereby is granted to Northern States Power Company, a Minnesota corporation, its successors and assigns, hereinafter referred to as "Company ", for a period of 20 years from the date hereof, the right and privilege of erecting a gas distribution system in the City of Little Canada, Ramsey County, Minnesota, hereinafter referred to as "City ", and using the public ways and public grounds of City for the purpose of installing, operating, repairing, and maintaining, in, on, over, under, and across the same, all gas pipes, mains, and appurtenances, usually, conveniently, or necessarily used in connection therewith, for the purpose of the transmission of gas, or the distribution of gas, for public and private use within the limits of City as its boundaries exist or as they may be extended in the future, and for the purpose of transmitting gas into and through the City. Company may also do all reasonable things necessary or customary to accomplish these purposes subject, however, to the further provisions of this franchise. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Section 2. The gas transmission or distribution service to be provided and the rates to be charged by Company for service in the City shall be subject to the jurisdiction of the Public Utilities Commission of this State. Company shall provide reasonably efficient and adequate service to members of the public within the City who apply for such service in accordance with the rules and regulations of Company. Section 3. The City shall give the Company at least two weeks prior written notice of a proposed vacation of a public way. Except where required solely for a City improvement project, the vacation of any public way, after the installation of gas facilities, shall not operate to deprive Company of its rights to operate and maintain such gas facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right -of -way under Minnesota Statutes, Section 160.29. Page 51 Section 4. Company shall have full right and authority to assign to any person, persons, firm, or corporation all the rights conferred upon it by this Ordinance, provided that the assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this Ordinance. Section 5. Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, file a written acceptance of the rights hereby granted with the City Clerk within ninety (90) days after the final passage and any required publication of this Ordinance. Section 6. This Ordinance shall be in full force and effect from and after its passage, any publication required by law, and acceptance by Company. Section 7. Where a provision of any other Ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Passed and approved: , 19 Attest: City Clerk Page 52 Mayor CITY OF MAPLEW 1830E.COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 OFFICE OF COMMUNITY DEVELOPMENT 612'77()-4560 June 14, 1988 Joseph Chlebeck City of Little Canada 515 East Little Canada Road Little Canada, MN 55117 JOINT POWERS AGREEMENT--SUBURBAN HOME-SHARE PROGRAM On April 28, 1988 the Older Adult Home Share Steering Commission, of which your community is a member, concluded that the home- share concept is a cost-effective housing option for older adults and that it should continue to be made readily available to the residents of suburban St. Paul communities" On May 26, 1988 the Commission accepted the attached joint powers agreement, page 5, which would allow this program to continue beyond December 31, 1988 subject to annual renewal. The Commission is requesting your community's approval of this agreement, including your estimated fair-share contribution for 1989. (See Appendix A of the agreement.) The Resolution of Intent to Participate (page 6) should be acted on not later than September 15, 1988. However, if you have any concerns regarding the language of the proposed agreement, please contact me at your earliest convenience at 770-4560. For your information, I have also enclosed the following: 1. A table of the home-share interview and match activity, by community and program year, since 1986. 2. The fair-share contribution paid by each participating community for each of the three years of the pilot program. Page 53 June 14, 1988 Page 2 If your staff or elected officials would like more information about the home-share concept or the joint powers agreement before acting on the Resolution of Intent to Participate, please call me at 770-4560 or call Tim Hammond of Lutheran Social Services at 221-2623. Respectfullyv . , / RANDALL JOAN, ~~~/ AICP, STAFF LIAISON OLDER ADULT HOME SHARE PILOT PROGRAM jl Encs" cc: Tim Hammond Page 54 RESOLUTION OF INTENT TO AUTHORIZE FUNDING FOR THE OLDER ADULT SUBURBAN HOME-SHARE PROGRAM WHEREAS, the Older Adult Home Share Steering Commission (hereafter referred to as "the Commission") was formed in October, 1985 to study the need for a long-term home share program to serve older adults in suburban St. Paul communities. WHEREAS, the following communities are members of the Commission: Falcon Heightsv Hugo, Little Canada, Maplewood, North St. Paul, Oakdale, Roseville, Vadnais Heights and White Bear Township. WHEREAS, on April 28v 1988, the Commission found: (1) that home sharing is a cost-effective housing alternative for older adults, and (2) that continuation of Lutheran Social Service's Suburban Home-Share program beyond the pilot phase would be in the public interest; WHEREAS, on May 26, 1988, the Home-Share Steering Commission accepted a joint powers agreement to govern the program beginning January 1, 1989 and recommended its approval by each of the named communities; WHEREAS, the proposed maximum fair-share contribution for the city of Little Canada would be $474, assuming each of the named parties enters into the joint powers agreement; WHEREAS, supplemental matching funds will be sought in an attempt to reduce each party's proposed fair-share allocation; NOW, THEREFORE, BE IT RESOLVED: 1. The City of Little Canada hereby approves the suburban St. Paul Home-Share Program joint powers agreement dated May 26, 1988 and authorizes its mayor to sign the document. 2. The City hereby authorizes a fair-share contribution not to exceed 110% of $474, to be submitted in Januaryv 1989 to Lutheran Social Services in accordance with the provisions of the joint powers agreement to fund the suburban St. Paul Home-Share Program from January 1 to December 31, 1989. It is understood that the actual fair-share contribution cannot be determined until each perspective community has indicated whether they will participate. 3. The city clerk/administrator is hereby directed to submit this resolution to the Home-Share Steering Commission, c/o Randall Johnson, Department of Community Development, 1830 E. County Road B, Maplewood, Minnesota 55109, on or before September 15, 1988" Page 55 Attachment 4 0 0 (0 0 0 r r N —1 v v v -1 '0 ... 11) tO s $ 01 C'9 0 ... 7 J. r+ 0 falC E C O T -i1 0 �. a a C < 0. N -s i w 3 w m m n 7 0 (D 1 N O 0. m m m J. cr 1.0 7 CD (0 t+ Z = d 9 (D 7 7' o 0 ID r• 0 S (D (D 9 1 0 (D 0 -s v m 03 0 CT O 0 O a < CD a ID rr • 03 CD V V 00 W dtysumOl aea8 altyM sly5taH SteupeA o O w a w 0 F '1 'O r ID W 7' E e.1 CD N 0 -1 1+ 0 N V a C oa epeue3 amyl (E) alepJapnel N a 03 N 1 J –• A W V A 01 CJ1 CO W J N) Q1 W -5 A c (0 0 sly6laH uoDlej 0 0 a 3 .7. r+ .p W N v 1 1 -. W N 1 1 A 01 Cn W 01 N V N 0 03 1 1 CT A w N W 1 1 a 1 1 W N -5 10 01 88- L8-9861 J –. —. —1 –. N -. 1 1 1 b CO 01 a1 ..+ 1 N 1 I N 1 --1 N 0) I 0) J A CO r 1 s.. a+ ...1 r 1 1 1 N to -. 1 N 1 1 N 1 ••• N W�1 1 CO CO Page 56 A (D 0 J. M C D (D D C J. -4. r~ = (D 0 0 (3D T 0 "t 7 a e1 co V N 0 = D c •-■ m CI 7 1-. -5 1 0 c+ 7 1c > 0 co t1' 1 -4 < 7- 0 10 - 4 . 10 t m m r d N c V 0 CO 0- co 0 70 0',O O D 3 3 N '. 3 < c - < N 0. d -1 Of 7' •0 c+ N J. J O •0 .-1 7 070 1n CO N v N v Attachment PILOT PROGRAM FINANCING Community Contributions Community 1986 1987 1988 Falcon Heights $ 670 $ 450 $ - Hugo 215 143 - Little Canada 632 414 - Maplewood 2,820 1,771 - No. St. Paul 1,197 685 - Oakdale 632 421 - Roseville 4,409 2,842 - Vadnais Heights 253 164 - White Bear Township 367 250 - Lauderdale 202 N/A (a) Community Funds $11,397 $7,140 0 Supplement Funds(b) 0 5,588 $12,639 Total Program Cost $11,397 $12,728 $12,639(c) Notes: (a) The City of Lauderdale withdrew from the pilot program at the end of 1986. (b) Supplement funds consist of grant monies (MIIFA and DIIUD), interest on the account funds and users fees. (c) The reduction in the total program cost was due primarily to a change in medical benefits for the Lutheran Social Services staff person from family to single coverage and the receipt of more grant monies than in previous years. Page 57 Attachment 2 May 26, 1988 JOINT POWERS AGREEMENT SUBURBAN HOME -SHARE COMMISSION THIS AGREEMENT, made and entered into as of the date of execution, by and between the communities of Falcon Heights, Hugo, Lauderdale, Little Canada, Maplewood, New Brighton, North St. Paul, Oakdale, Roseville, Shoreview, Vadnais Heights, and White Bear Township, hereinafter referred to as the "participating communities," and Lutheran Social Services, hereinafter referred to as "LSS." WITNESSETH: WHEREAS, the participating communities have authority, pursuant to Minnesota Statutes 471.59, to jointly or cooperatively, by agreement, exercise any powers common to the contracting parties; WHEREAS, the Older Adult Home Share Task Force hereinafter referred to as the "Task Force," was created on October 9, 1984, as a subcommittee of the Maplewood Housing and Redevelopment Authority, in response to a directive from the Maplewood City Council to study the need for a home- sharing program; WHEREAS, the Task Force conducted a questionnaire survey in January 1985. A finding of this survey was that approximately 2500 older adults who reside in the jurisdictions of the Roseville, White Bear Lake and Maplewood -North St. Paul - Oakdale school districts hereinafter referred to as the "study area," would be expected to be interested in sharing their homes; WHEREAS, LSS has successfully administered a home - sharing program since 1980, entitled Share -A -Home; WHEREAS, the existing LSS Share -A -Home program is not sufficiently funded to service the projected demand within the study area; WHEREAS, the Task Force concluded that a three -year pilot expansion of the LSS Share -A -Home program (hereinafter referred to as the "pilot program") would be the most efficient and cost - effective way to evaluate the actual demand for a long -term program within the study area. WHEREAS, in the fall of 1985, the Task Force was dissolved and the Older Adult Home -Share Steering Commission (hereinafter referred to as the "Steering Commission ") was created to oversee the pilot program to serve the residents of Falcon Heights, Hugo, Lauderdale, Little Canada, Maplewood, North St. Paul, Oakdale, Roseville, Vadnais Heights and White Bear Township. WHEREAS, on April 28, 1988, the Steering Commission concluded that the pilot program had demonstrated that the home -share concept is a cost - effective housing alternative for older adults and that it would be in the public interest to insure that the LSS Share -A -Home program Page 58 Attachment 3 Page 5 (hereinafter referred to as the "program "), continues to be readily available to the residents of the participating communities. WHEREAS, until another source(s) of long -term financing is secured, the participating communities must collectively participate in the financing for the program, if it is to be readily available to the residents of their communities. WHEREAS, each participating community has adopted a "resolution of intent to participate" in a joint effort to guarantee that the program will be available to their residents beyond December 31, 1988. IT IS THEREFORE, mutually agreed that the rules and procedures under which the pilot program shall operate as follows: ARTICLE I NAME The Parties hereto create and establish the Suburban Home -Share Commission, hereinafter referred to as the "Commission." ARTICLE II PURPOSES The primary purposes of the program are to: 1. Provide a short or longterm option for older adults who would rather remain in their homes while waiting for an apartment to become available where they want to live but, for whatever reason, can no longer maintain their present dwelling. The waiting lists for area seniors' residences are often very long, forcing persons to relocate to apartments away from family and friends. 2. Provide an alternative for those older adults who wish to remain in their homes their entire lives, but because they can no longer maintain their homes, they must move to the costly and unfamiliar surroundings of a nursing home. ARTICLE III ORGANIZATION 3.1 Interests Represented The following interests may be representated on the Commission, hereinafter referred to as "Commissioners." A commissioner may represent more than one interest: a. One official from each participating community; b. One school district senior services official from within the study area; Page 59 c. One official from a health services organization that serves one or more participating community. d. One housing and redevelopment authority (HRA) commissioner from a participating community; e. One official from each financial sponsor other than the participating communities; f . One senior outreach worker who is familiar with older adults in the study area; g . One manager of a seniors' residence that is located within the study area; h . One official from Washington County's home -share referral program; and i. One person who is aware of available sources of persons who want to be live -ins. j. Or any other person(s) or interest(s) deemed appropriate by the commission. 3.2 Commissioner Appointments a. Commissioners to represent a group of similar parties shall be appointed by those parties. -If a group cannot agree on a representative, then the Commission shall determine by selection or by lot. Vacancies shall be filled in the same manner. The Commission shall solicit candidates for commission representatives under Items 3.1 (b), (c), (d), (f) and (g) . b. Commissioners serving an the Pilot Program Steering Commission shall have the opportunity to serve on the Suburban Home Share Commission, at their organization's discretion. c. Each commissioner is entitled to one alternate. d. The length of each commissioner and alternate term shall be left to the discretion of the organization /interest they represent. e. Commissioner and alternate terms shall become effective upon designation by their respective interest(s), except for those commissioners who will represent the participating communities. In which case, their respective community must enter into this agreement before their term becomes effective. 3.3 Compensation and Expenses Commissioners shall not be entitled to compensation or reimbursement for expenses from the Commission to attend its meetings. Page 60 3.4 Officers The Commission shall annually elect from its membership a chair and vice -chair and.•such other officers as it deems necessary to carry out the purposes of this agreement. An officer may service indefinitely. A vacancy in an office shall be filled from the membership of the Commission, by election. In the absence of an officer, his or her alternate shall exercise only the power of a commissioner and not of said office position. 3.5 Quorum Fifty percent of the total number of participating commissioners shall constitute a quorum. A quorum is required to convene a scheduled meeting but less than a quorum may adjourn a scheduled meeting but less than a quorum may adjourn a scheduled meeting. 3.6 Meetings Regular meeting of the Commission shall be held at such times as the Commission shall select. 3.7 Votes Any action taken by the Commission shall be by majority vote of the commissioners in attendance. 3.8 Commission Staffing a. The Commission may be staffed by a staff person employed by one of the participating communities or by an LSS staff member. If staffed by an employee of a participating community, a LSS home - share program staff member shall report to the commission staff as necessary to satisfy the objectives of the program. Out -of- pocket expenses, including legal fees, that are incurred by the commission's staff person, while performing commission duties may be reimbursed to the extent covered by program income collected, subject to the Commission's approval. The staff person may rotate among the parties to this agreement, as they mutually agree. b. The Pilot Program Steering Commission shall recommend to the participating communities the staff person to be selected. Selection shall be mutually agreed to by the communities. Said selection should occur on or before December 31, 1988. The pilot program steering commission staff shall oversee the organization of the Commission until the staff selection process is completed. 3.9 Expansion of Participating Communities Any suburban St. Paul community, not a party to this agreement, may become a party to the agreement upon majority vote of the Commission. The Commission may require a fair -share contribution (see Section 4.1) as a condition of permitting a community to join the agreement. Page 61 ARTICLE IV FINANCING 4.1 Cost Allocation Each participating community agrees to contribute to the financing of this program on the basis of the number of older adults that resided in their community at the time of the current US census. Refer to Appendix A for each participating community's fair -share allocation. 4.2 Amount of Contribution Each participating community is obligated to pay the fair -share contribution listed in Appendix A, unless a community agrees to contribute more in the event of a funding shortfall and except, as provided in Section 4.3. The Commission may recommend to the parties any mutually agreed upon fair -share contribution formula. 4.3 Supplemental Funding In an effort to reduce each participating community's costs, the Commission will seek supplemental funding as available. 4.4 Contribution Deadline Each participating community shall submit their contribution to LSS not later than the third working day in January. LSS shall submit copies of receipts received (contributors and amounts) to the commission as soon as practical. These lists shall be the basis for distributing any excess program funds as provided for in Section 4.7. 4.5 Segregated Account LSS shall place all of the commission's program funds in an interest - bearing account that is segregated from all other LSS accounts. The location of the account shall be determined by LSS. LSS shall provide the Commission with monthly statements of the account's balance. 4.6 No Refund of Contribution Upon Cancellation of Agreement If a community stops its participation during a program year, its fair - share contribution for that year shall be forfeited, except as provided in Section 4.7. 4.7 Distributions of Funds on Account Any funds and accrued interest in the Section 4.5 account that exist at the end of a program year shall be distributed among the parties, except as provided in Section 3.8. The Commission shall devise an equitable distribution formula and direct LSS to withdraw funds from the account accordingly. This formula may include any entity that has participated in the funding of the program. Page 62 ARTICLE V PROGRAM GUILDELINES 5.1 Responsibilities of LSS Lay -to -day administration of the program shall be the sole responsi- bility of LSS. This program shall be governed by the same rules and procedures that LSS's Share -A -Home program is governed by, except as otherwise stated in this agreement. 5.2 Staffing of Program The Commission shall not participate in the selection of the staff person(s) to administer the program. This will be the sole responsibility of LSS. LSS shall administer the program an average of twenty hours per week for the benefit of one or more participating communities. The hours per week that the program is administered by LSS may vary from week -to- week provided the objectives of the program are not compromised. 5.3 Program Office Location The main office location for the LSS staff shall be the decision of LSS. If LSS determines that the establishment of an office within the Commission's program service area would be advantageous to the program, it may secure such an office provided: (1) if rent is to be paid, the agreement must be approved by the commission, and (2) it is as centrally located as possible within the commission's jurisdiction. 5.4 Persons Eligible for Matching Services a. The program shall be limited to persons residing within the jurisdictions of the participating communities. b. Older Adult households with at least one member that is sixty years of age or older may participate in the program without questioning their motivation. c. At the discretion of LSS, permit persons ages 55 to 59 to participate, if their principal need is other than financial assistance. d. At the discretion of LSS, permit disabled persons of any age to participate, provided the live -in(s) is in no way obligated to provide personal care. 5.5 Matching Service Priority a. Matching of live -ins and homeowners shall be on a first -come, first - served basis within each participating community. b. An attempt shall be made by LSS to make matches within all participating communities to the extent that the fees generated will cover the contribution paid by each community. Page 63 5.6 Fee for Service a. The fee charged by LSS for matches outside of the commission's service area shall be charged to persons participating in the this program. LSS shall be responsible for establishing an appropriate payment schedule for each match. LSS, may at its discretion, waive or reduce the fee for a live -in or homeowner who does not have the ability to pay the full fee. b. Receipts for matching fees collected shall be kept by LSS, on a community basis, and periodically made available to the Commission. c. If the effective date of this agreement is after January 1, 1989, LSS may keep any fees collected between January 1, 1989 and the effective date of this agreement, for matches made within the commission's service area. d. LSS shall take any appropriate action, subject to counsel from the Commission, to collect delinquent fees. e. LSS shall submit a tentative budget to the Commission in the month of May for a succeeding year of the program. LSS and the Commission shall mutually agree on the annual budget(s) if funds are to be received from any participating community. 5.7 Status Reports LSS shall periodically provide the Commission with a status report regarding the inquiry and match activity within the Commission's service area. The Commission shall specify the form of the report. ARTICLE VI ROLE OF THE COMMISSION ' The Commission shall have the following duties and any other duties agreed upon by LSS, the Commission and the parties to this agreement: a. The Commission shall monitor the number of inquiries and matches made within each participating community. b. The Commission shall solicit annual funding reauthorization, as necessary, not later than June 15 of each year from each participating community and each supplemental sponsor, if any. c. The commission shall seek out supplemental funding sources and take appropriate action to secure funding on a long -term basis for the Commission's service area. ARTICLE VII EFFECTIVE DATE This agreement shall be in full force and effect upon: (1) its execution by each party, and (2) upon a determination by the Commission and LSS, that funds will be available to finance the 1989 program. Page 64 ARTICLE VIII DURATION a. Each party agrees to be bound by the terms of this agreement until December 31, 1989. b. This agreement may be continued after December 31, 1989, by majority consent of the active parties. ARTICLE IX HOLD HARMLESS -- INDEMNIFICATION 9.1 Hold Harmless -- Indemnification LSS hereby covenants and agrees to indemnify and hold the commissioners and the interests they represent, staff person for the participating communities and the participing communities harmless, from and against, any and all claims, demands, damages, debts, liabilities, actions, causes of action, judgments, whether in law or in equity, based upon, relating to, or arising from LSS's administration and operation of this program. 9.2 Insurance LSS shall present to the Commission evidence of liability and casualty insurance. 9.3 Disclosure of Claims and Liabilities LSS hereby certifies that there is no litigation, proceeding, govern- mental investigation or action of any kind pending or to LSS's knowledge proposed against or threatened, relating to its Share -A -Home program. 9.4 Claims a. It is hereby understood and agreed that any and all employees of the LSS and other persons employed by the LSS in performance of any work or services relative to this program provided for herein by the LSS, shall not be considered employees of the participating communities in that any and all claims that may or might arise under the Workman's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by the third parties as a consequence of any act or omission on the part of LSS employees while so engaged on work or services rendered herein by LSS, shall in no way be an obligation or the responsibility of the participating communities. b. It is understood and agreed that all employees of the participating communities and all other persons employed by the participating communi- ties in performance of work and services provided or required for herein by the participating communities shall not be considered employees of the LSS and that any and all claims that may or might arise under Work- man's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties as a consequence of any act or omission on the part of said Page 65 participating community employees while so engaged on any of the work or services to be rendered herein by the participating communities shall in no way be the obligation or responsibility of the LSS. c. It is understood that the staff person for the participating commun- ities shall be covered by the workman's compensation insurance for the community for which the person is employed. ARTICLE X AMENDMENTS The Commission may recommend amendments to this agreement to the parties. Amendments shall require approval by a majority of the parties to become effective. IN WITNESS WHEREOF, the parties have duly executed this agreement by their authorized officers and caused their representatives' seals to be hereunto affixed. Seal: LUTHERAN SOCIAL SERVICES Dated: By Seal : Dated: Seal : Dated: Page 66 Attest: CITY OF FALCON HEIGHTS By Mayor Attest: CITY OF HUGO By Mayor Attest: City Clerk Seal: Dated: Seal: Dated: Seal : Dated: Seal : Dated: Seal : Dated: Page 67 CITY OF LITTLE CANADA BY Mayor Attest: City Clerk CITY OF NEW BRIGHTON By Mayor Attest: City Clerk CITY OF MAPLEWOOD By Mayor Attest: City Clerk CITY OF NORTH ST. PAUL By Mayor Attest: City Clerk CITY OF OAKDALE By Mayor Attest: City Clerk Seal: Dated: CITY OF ROSEVILLE By Mayor Attest: City Clerk Seal: CITY OF SHOREVIEW Dated: By Mayor Seal : Dated Seal : Dated Page 68 Attest: City Clerk CITY OF VADNAIS HEIGHTS By Mayor Attest: City Clerk WHITE BEAR TOWNSHIF' By Mayor Attest: City Clerk 0 0 m • v W v ... +-1 C O m to (1p 10 ; j N G N 0 00 y A W f00 0 •■ t. m N -a 9 N 01 0 NS W e. 0°.1 a r N M m O S A M 0 W N O E N 5. 0 -I CO I. 9 n In z N A O oo --I ti O z A O iI n 0 9) a-1 a m m • y 0 m n n S in CI CD en r r Ca 01 01 m W N r. 0 O I 9 .. O n n W M 0 01 0. •0 0 41 W O e. White Bear Township (12.0) Vadnais Heights (10.2) 0 O N c (n t) t) allFaasoa (9'00 alvP1eo r 3 r r e 0 00 rt 0 T E CO 0 .^ • O G. 'O 11 W 0 O 10 • O /•••• 0 0 W cn a C01 • V A • A (0'80 (YsZ) s2461 ;H uooleJ et N3 01 �w • °0. gv °o in H m .+ s in -e v1 �. u 0 c1 r 9 r O . -. y N C c V N O Co W N Z 10N C O. 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