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HomeMy WebLinkAbout06-26-2013 Council AgendaAGENDA LITTLE CANADA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JUNE 26, 2013 CALL TO ORDER — Workshop Meeting — City Council — 6:00 p.m. Roll Call 1. Information Update Adjourn CALL TO ORDER — Regular Meeting — City Council — 7:30 p.m. Roll Call Mayor Mr. Bill Blesener Council Member Mr. Rick Montour Council Member Mr. John Keis Council Member Mr. Michael McGraw Council Member Ms. Shelly Boss City Administrator Mr. Joel Hanson City Attorney Mr. Pat Kelly City Planner Mr. Steve Grittman Cable TV Producer Mr. Kevin I- lelander City Clerk Ms. Kathy Glanzer APPROVAL OF TILE MINUTES June 12, 2013 Workshop Council Meeting June 12, 2013 Regular Council Meeting June 12, 2013 Closed Council Meeting June 20, 2013 Special Council Meeting ANNOUNCEMENTS **This agenda is subject to change by additions and deletions.** AGENDA CITY COUNCIL JUNE 26, 2013 PUBLIC HEARINGS 2. Amendment of Conditional Use Permit for Outdoor Storage (Accessory Use), Interim Use Permit for Off -Site Outdoor Storage, Conditional Use Permit for Auto - Repair Major, Renewal of lapsed Conditional Use Permit for storage containers, and Conditional Use Permit for Proof of Parking — 200 -208 Ryan Drive -- Russ Fischer 3. Amendment to the Zoning Code relative to Comprehensive Sign Plans 4. Amendment to the Zoning Code relative to Cul -De -Sac Length 5. Amendment to the Zoning Code relative to Single- Family Accessory Uses and the Definition of Family PRESENTATIONS 6. Architectural Plans for Warming House Project — RVK Architects CONSENT AGENDA 7. Approval of the Vouchers 8. Amend Fee Schedule relative to Electrical Permit Fees 9. Award Bid for 2013 Sealcoating Work 10. Approval of Application to Conduct Off -Site Gambling- Canadian Days Celebration STAFF & CONSULTANT REPORTS City Attorney City Planner City Administrator 11. Little Canada Road Improvement Award Bid Ratify No Parking Resolution 2 AGENDA CITY COUNCIL JUNE 26, 2013 DEPARTMENT REPORT Economic Development /City Council Public Safety /Gaming Public Works 12. Adoption of Water Ordinance Revision and Amend Fee Schedule relative to Water Surcharge Building/Zoning /Code Enforcement Parks & Recreation Adjourn 3 trt6tle uanada MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 ADMINISTRATOR www.ci.little- canada.maus Joel R. Hanson MEMORANDUM TO: Mayor Blesener & Members of the City Council FROM: Joel Hanson, City Administrator DATE: June 21, 2013 RE: Info Update Workshop For the Info Update workshop, here is some background concerning the issues staff would like to discuss with you: Public Works Garage With our pending purchase of the Brings Property, we should discuss the next steps in moving the project forward. There are three key areas we should focus on. The first is long -term financing. My recommendation would be to finance the cost (exact amount yet undetermined) over 20 or so years. While we have funds on hand that could handle the bulk of this project, my assumption is interest rates will rise over the next number of years. By locking in low rates now, we keep cash available for other purposes and will likely be able to invest those dollars at rates higher than we are paying on the debt (this may take a few years but seems very likely over 20 years). To avoid levy impact, we would pledge the depreciation dollars that come from the water and sewer funds to make debt service payments. If you think this is a good idea, I will begin exploring the concept with our financial advisors. The other issue is getting started on design services. Based on our experience with the Fire Station and City Hall projects in the early 90's, I would recommend we utilize the construction management project delivery system. With this process, we effectively serve as the general contractor by having an owner's representative work on our behalf to review plan documents, conduct value engineering, let multiple prime contracts, and oversee construction in conjunction with the architect. Another big advantage that is once again in play is sales tax savings on materials purchases we make directly. (I have attached some summary info on the construction management process to aid in your consideration of this option.) I would recommend we conduct and Request for Proposals process for Construction Management Services. Once we hire a firm for that component, we would then work with the Construction Manager to hire an architect for the project. 1 The last area relates to coordination with other projects. Given we have discussed upgrades to City Hall, we may want to tie some or parts of that project together with the Public Works building to take advantage of economies of scale. We may also want to consider upgrades to other building at the same time, especially in the area of energy efficiency. Your comments on that possibility are needed. Financial Planning "What Ifs" Now that we know what our Local Government Aid will be for 2014 ($344,818 or an increase of $148,975) and we know that we have levy limits in place for 2014, we have generated some planning scenarios for your consideration (copies attached). You will note that we projected all expenses at a 3% increase except police and fire is projected at 4% increases. Revenues are held constant except for LGA and property taxes. Here is a quick summary of the options generated: • The first scenario has no levy increase in 2014 or 2015 while removing LGA from the general fund. This shows we have large deficits to make up in both years. • The next option has a 0% levy increase in 2014, a 3% levy in 2015 and maintains LGA in the General Fund at 2013 levels. We still have large deficits to address in this option. However, you should keep in mind the increase in LGA will be going to a capital improvement fund of your choosing as new money. • With the third option, we levy back for debt in the amount of $24,068 in 2014 and reduce LGA by that amount in2014. In 2015, we eliminate LGA from the General Fund and increase the GF tax levy by 3% while also making up for that amount plus the 2014 debt levy used to help in the reduction of GF LGA. We are still dealing with large deficits. • In the fourth option, we use LGA in the general fund to balance the budgets in 2014 and 2015, while also using levy limits plus the debt levy in 2014 and sticking to a 3% increase in 2015. As you will note, we are now using $193,078 of LGA in the GF in 2015! • In option five, we use the debt levy and LGA to balance 2014 and the eliminate LGA in 2015 by using a tax levy of 10.24 %. • In option six, we stick to levy limits in 2014 (no debt levy) and then eliminate LGA in 2015 with an 11.2% levy in 2015. Staff is not recommending any of these options at this time, but we wanted to show you the range needed to address past goals. We will be able to modify sheets at the workshop if you would like to look at other scenarios. Perhaps the key issue to be decided is what levy increase are you comfortable with. Then we can discuss the use of LGA, the use of the debt levy in 2014 (we aren't clear on our ability to do this, but we believe it is possible), and possible expense reductions. Website Enhancements As you know, we had authorized $2,000 to enhance the City's website through GovOffice. After further evaluation, staff isn't sure that expenditure makes sense. GovOffice also has a premium package for $4,000. We are not sure that will accomplish our objectives either. One of the primary concerns is the photos in the banners. We learned that one the photos are selected, they are locked in unless we pay an additional charge to change them. We also looked at some other websites and liked the feature where photos are larger and are presented in 2 slideshow fashion. GovOffice said they can accommodate that feature, but we have not been able to pin them down on the specifics as of yet. Staff also looked at other website providers. We learned that their cost is much more than GovOffice, but they may also have features that could prove desirable. Staff will have one more meeting prior to Wednesday's workshop to try to pin down more details on this project. We will then update you at Wednesday's meeting. In the meantime, we have attached a listing of some key features we are considering that are above a copy of our current home page. We have also attached some of the other options we looked at with approximate pricing noted at the bottom to give you an idea of some of the differences. Northeast Redevelopment I did talk with Pat Johnson about his interest in selling the back portion of his property to combine with 3046 LaBore Road. This is a last ditch effort before we put that property in the market. Mr. Johnson informed me he has been working with Gordie Howe and was comfortable continuing along that path. He also indicated he may want to make a proposal to us that would allow him to reinitiate his development project, but I have not received anything to date. It should be noted that it appears his original development layout will no longer works given the sale of the Rodney Buck property this past winter. I also talked with Gordie Howe about his conversations with Mr. Johnson He said he will talk to him again in Monday and let me know where things stand from his standpoint prior to Wednesday' s meeting. LaBore Road Traffic Control As you will recall, we have had many requests for a four way stop sign at LaBore and Arcade due to speed concerns along LaBore Road. When the Pinetree Pond project was being considered, we also heard about safety concern on the curve where Cherry Hill Lane and now Pinetree Court will now intersect with LaBore. A couple of weeks ago, there was another accident in this area where a person had to be extricated from his vehicle. Staff asked the Sheriffs Department for their comments regarding a four -way stop at this new intersection. Their initial recommendation was against the idea. However, we asked them to review accident data before finalizing their opinion. We haven't received the updated information yet. It may be a good idea to have a speed study done here as well to see if speeding is really a problem. Staff is looking for your comments on traffic safety in this area. 2013 Deer Control Metro Bowhunters Resource Base is asking if we plan on pursing deer control hunts again this year. I've attached the 2013 aerial survey information. You will note there are 14 deer shown in the St. John's Cemetery area and 36 in the northeast area (LaBore /Arcade /Maplewood). I'm also attaching the spreadsheet of deer taken in 2012 for your review. 3 Staff believes we need to continue the control efforts to stop the population from ramping up again. Furthermore, it can easily be argued that we are still overpopulated given the area we have to support deer would indicate that more than 20 is too many. Your direction on the continuation of this program is needed. 4 56 Pros and Cons of the CM Process To this point, we have discussed the problems in tradi- tional project delivery, looked at the various alternatives for project delivery, reviewed the history of construction management, and listed the CM function. We will now provide a specific listing of the advantages and disadvantages one should consider when evaluating the potential for applica- tion of the CM project delivery system. Advantages In reviewing pertinent literature, numerous advantages relating to the use of construction management have been discovered. I prefer to separate them into three distinct categories. They are: 1. Improved owner awareness and project control. 2. Enhanced constructability. 3. Cost saving potential. It is within this framework we will discuss the benefits of construction management. Improved Owner Awareness and Project Control 1. A construction manager is hired based on abilities and not low bid. As previously stated, a general contractor is selected based on being the lowest responsible bidder. This does not always guarantee that the best firm is select- ed for the job. Under the CM approach, the services pro- 5 57 curred are considered "professional" in nature and therefore exempted from statutory bidding requirements. This allows the owner to establish qualifications and standards which it deems important in making a selection decision instead of relying exclusively on the "low bid ". Typically, the selec- tion is facilitated utilizing some type of "request for proposal" format.92 2. The owner achieves heightened project awareness. By having a CM involved in the project from its inception, more alternatives and information are available for the owner. Also, the CM's on -site coordinator will help resolve prob- lems that develop at the job site. 93 3. The use of local contractors is enhanced. Depending on the capabilities of trades located in the project's area, public entities may feel compelled to offer the opportunity for local contractors to be involved in the project. This has obvious economic and political benefits to the jurisdiction. Furthermore, there is a belief that a local contractor working in his own community will provide a high- er level of performance due to pride.94 4. Bonding of multiple prime contractors minimizes the 92 Weinert, "A Study of the Agency Construction Management." op. cit., 36 -37. 93 Ibid., 37. 94 Foxhall, op. cit., 11. 6 58 exposure to any one surety by spreading the risk among more carriers. Should a problem result under this format, you are only at odds with the bonding company for one prime contract which represents only a portion of the total project. Should the GC have problems under the traditional method, the bonding company's exposure is for the entire project. A side benefit is the division of bonding into more moderate packages. This idea seems to be gaining favor among bond carriers which may lead to lower bonding costs.95 Constructability 1. The CM process advocates a single firm being in- volved throughout design, construction, and implementation. In the system approach to management, an optimal solution to any problem can be achieved only if all of the relevant factors and components of the problem are related and analyzed. Therefore, the CM is placed in a position to interrelate all relevant variables, and to make the deci- sions that minimize the project's time and cost while maxi- mizing the quality.96 2. The CM brings construction "know -how" to the project 95 96 Ibid., 26. Adrian, op. cit., 26. 7 59 at its inception rather than at the point of construction. Adrian states "a project design cannot be optimal unless it includes input regarding the costs and availability of labor, materials, subcontractors, and the feasibility and economics of the proposed construction methods. Knowledge of these parameters is obtained from construction experience. Because the CM firm is expected to possess such experience and because the CM firm should be engaged to work with the project's architect /engineer during the design phase, the CM process merges the skills of the architect /engineer design firm with the construction knowl- edge of the CM firm. This merging of skills and knowledge enables optimal design for the project regarding time, costs, and quality." 97 The benefits of this merger as compared to a GC project are illustrated in Table I. 97 Ibid., 26. 8 60 TABLE I Construction Management Comparison of Tasks Construction General Manager Contractor Predesign Phase: Assist in Developing Funding x Conduct Feasibility Studies x Prepare Preliminary Budget x Environmental Impact Studies x Site Selection Studies x Prepare Zoning Requests x Advise on Design Team Selection x Design Phase: Advise on Scope Definition x Begin Value Engineering x Prepare Milestone Schedule x Propose Alternate Methodologies x Identify Long -Lead Materials x Devise Multi- Contract Strategy x Prepare Bid Packages x Manage Technical Consultants x Review Specification Criteria x Prepare General Conditions x 9 61 Construction General Manager Contractor Identify Design Interferences x Bid Phase: Prequalification of Bidders x Cash Flow Projections x x Survey Labor Market x x Propose Value Engineering Opt. x x Analyze Bids x x(so) Recommend Contract Awards x Construction Phase: Conduct Preconstruction Meetings x x Obtain Permits x x Administer Contracts x x(so) Control Cost and Schedule x x(so) Manager Owner Furnished Items x Administer Submittals x x Negotiate Change Orders x x Coordinate & Inspect Work x x(so) Arrange for Inspection & Test x x(so) 10 62 Construction General Manager Contractor Construction with Own Forces x Close -out Contracts SO = Subs only Sources: Article written by Leland S. Riggs with infor- mation from this table compiled from Haltenhoff, Kavanaugh, Paulsen, and Stukhart.98 98 Leland S. Riggs, "Education Programs in Construction Management," in Construction Management: A State -of -the Art Update, (New York: American Society of Civil Engineers, 1986), 678. 11 63 3. The CM process provides a "check and balance" on the architect /engineer during design. This eliminates duplica- tion of work in job specifications during bidding. It also can serve to prevent over - design of the project. Lastly, it minimizes the potential for oversight occurring in design which results in some portion of the project not being prop- erly addressed in the plans and specifications.99 4. CM promotes management continuity. The CM's addi- tion of management skills early in the project compliments the designer's skills. There is no gap or shifting of man- agement responsibilities in this process between design and construction. Without management input, both design and construction may be performed suboptimally.100 5. Full -time, on -site supervision is present represent- ing the owner's interest during construction activities.101 Ponge states that the quality of the project is apt to be better under a system where the contractor is not tempted to "cut corners" or cheapen the work in ways that may remain undetected for the first few years of a project's life. The quality of a product cannot always be determined from a cursory inspection by the 99 Hanna, op. cit., 60. 100 Adrian, op. cit., 27. 101 Hanna, op. cit., 60. 12 64 architect or engineer.102 6. Construction management promotes the harmonious use of union and nonunion contractors on the same job. Because the owner, unlike a general contractor, does not have con- tracts with the building trades, it is possible to have two gates on the project. (A gate is considered the point of access for the respective trade contractors to the job site. Establishment of a separate gate for union contrac- tors is done because labor agreements allow union members to picket a project only at the point of entry to the project site.) One gate would be for union contractors while the other for nonunion.103 It is even possible that only one gate may be necessary if good management skills are availed upon the trades and their cooperation is received.104 7. CM promotes good communication. The construction manager establishes communication channels for the entire project, often acting as facilitator in meetings and helping each specialist to understand the perspective of others. It is the communication process with the owner, designer, and trade contractors all being included in the loop, that will 102 ponge, op. cit., 23 + 55. 103 Weinert, "A Study of Agency Construction Management," op. cit., 38. 104 James D. Beckwith to Joel Hanson, Interview, April 2, 1992. 13 65 have a positive impact on the project's constructability.105 Cost Savings 1. Potential for reduction of architect /engineer design fees due to less involvement in project estimating and administration.106 This potential is not always realized in actual practice. Many architect /engineer firms continue to charge the owner the fee applicable in the traditional process when performing in a CM project. This is partly the result of not being able to identify the design firm's fee for specific services such as project inspection.107 I would also suggest that some architectural firms unfamiliar with the CM process may be reluctant to reduce their fees in order to protect themselves from unknowns. 2. CM provides accurate cost estimating. Adrian states that: "introduction of the CM firm into the design process results in more accurate preconstruction estimates. The supplementing of the designer's skills with the construction cost information knowledge of the CM firm should enable estimates to be presented that improve the project design and also prevent time delays resulting from luplicate design or project letting iterations. .100 105 106 107 108 McNulty, op. cit., 13. Adrian, op. cit., 24. Ibid., 27. Ibid., 27. 14 66 Furthermore, by having this information available before bidding, the owner is better able to make informed decisions which should result in the project being more in line with budgeted estimates. This prevents the owner from going back to a contractor after bidding and asking for potential cost reductions where the credit for the reduction will not equal the true cost savings accruing to the GC. 3. CM utilizes value engineering. As previously discussed, value engineering is an economic look at design elements from the viewpoint of other than that of the architect. It interjects fiscal control on behalf of the owner with regard to the design of the project. By evaluat- ing various design possibilities and looking at all the cost implications of those alternatives, an owner is best able to obtain the most value for the money. This process will also help to eliminate overdesign and /or underdesign of project components.109 4. Elimination of GC overhead and subcontractor markup. With elimination of the general contractor, so goes the overhead and the markup associated with that firm's coordination of subcontractors.110 109 Weinert, "A Study of the Agency Construction Management," op. cit., 47. 110 Weinert, "Construction Management: A Sensible Alternative When Building New Schools," citing "Agency Construction Management Advantages," News, May 1985. 15 67 TABLE II Mark -up Savings Based on 85% of the work being subcontracted out by a general, a $2 million job would look as follows: Construction Costs $2,000,000.00 Subcontractor's Costs $1,700,000.00 5% GC Markup Savings $80,952.38.111 As one can see, this can be a great opportunity for cost savings. 5. Multiple bidding of the project allows the receipt of the lowest responsible bidder in all project components. Under a typical GC project, a general will have a number of subs providing bids. Research has indicated that subs do not necessarily submit the same bid to all contractors. Furthermore, not all contractors may have the same subs giving them prices. Therefore, the chances are poor that the GC who would have the lowest responsible bid would also have all the lowest sub bids. While this is again hard to document, Table III provides an illustration of this condition.112 111 Adrian, op. cit., 24. 112 Ron A. Morton, Public Construction Planning and Management: The Method for Success. (Professional Development Program, Leagues of Minnesota Cities, St. Paul, Minnesota, February 20 -21, 1992), VII, 2B. 16 TABLE III Sample Subcontractor Prices to Competing GCs Work Division GC "A" GC "B" GC "C" GC "D" General Cond. $35,000 $36,500 *$34,800 $35,100 Sitework 10,000 10,500 *9,800 10,200 Asphalt 15,000 *14,200 15,100 14,800 Landscaping *5,000 6,000 5,500 5,300 Cast in Place 25,000 *24,500 25,200 24,700 Masonry *45,000 45,700 45,500 44,900 Misc. Metals 1,500 *1,200 1,300 1,500 Structural Steel 25,000 25,500 *24,900 25,300 Struc.Steel -Erec. 15,000 *14,500 14,800 15,100 Carpentry 3,500 *3,000 3,200 3,600 Archit. Woodwork *4,500 5,000 4,800 4,700 Roofing *10,000 10,200 10,500 10,300 Caulks & Sealants 2,500 2,800 *2,400 2,600 Insulation *4,500 5,000 4,700 5,100 Plumbing 15,000 15,400 15,500 *14,900 Outside Utilities 6,500 6,100 6,600 *5,900 Gas Piping 4,500 *4,000 4,300 4,100 HVAC 35,000 *34,900 35,100 35,500 Electrical 30,000 30,100 30,400 *29,900 $456,950 $466,750 $502,600 $445,200 No general contractor has all the low bids! This tabulation does not include all work divisions. *Denotes low bid. 17 68 69 6. Subcontractor comfort level will increase as com- pared to a traditional GC project, and the owner benefits by lower prices. Bid shopping has been eliminated because of direct bidding to the owner. This allows a subcontractor to feel comfortable in maintaining an adequate margin for profitability. The result should be a contractor giving his best bid to the owner. Also, the CM process promotes timely progress payments to trade contractors (primes) thereby minimizing their perceived risk.113 7. Direct purchase of materials due to multiple bidding creates the ability to avoid sales tax on materials purchased. Ponge states that most cost estimators now know to expect that the cost of a building will be broken down 45% for materials and 55% for labor.114 The following table can show the impact of sales tax savings using that percentage breakdown. TABLE IV Sales Tax Savings Construction Cost $2,000,000.00 Materials Portion(45 %) $ 900,000.00 Sales Tax Savings at 6.5% $ 58,500.00 113 Adrian, op. cit., 33. 114 Ponge, op. cit., 24. 18 70 Appendix III provides a summary of Minnesota proce- dures to claim this exemption. One caveat is the potential change in state law allowing exempt status for these types of purchases. In Minnesota, the state legislature has enacted a sales tax on purchases by cities, counties, and townships. This would negate the potential for this benefit if it becomes law.115 Another consideration is the potential risk associated with separat- ing materials and installation from one contract. Profes- sional advice should be obtained before proceeding. 8. Evaluation of bids occurs which ensures accuracy and conformance with the project budget on a section by section basis. Should a bid appear dramatically low, the opportunity to have the contractor withdraw that bid is available, thus preventing someone from being on a job who has lost money before work has even started. Furthermore, should a bid appear out of line with the expected budget, the opportunity exists to go back and further evaluate that section. It is very probable that bids for this section could be rejected and that component rebid after making some modifications to design documents.116 115 Increases: Face Sales 1 -A. 116 Bill Salisbury, "Lawmakers Reject Some Tax Gas, Auto Repair Levies Fail; Cities, Counties Tax," St. Paul Pioneer Press, 14 April 1992, C. Edwin Haltenhoff, "Multiple Bidding and 19 71 9. CM provides improved negotiation of change orders. The CM receives and evaluates change orders for their appro- priateness to the project. The CM also negotiates time and cost factors for change orders on the owner's behalf.117 It must be understood that contractors consider change or- ders a prime source of profit for their operations. Therefore, it is in the owner's best interest to manage this as effectively as possible to control costs.118 10. Fast tracking is a possibility with this system. During times of high inflation, fast tracking may be an appropriate manner by which to condense the project comple- tion schedule. In this situation, the project is designed and constructed in phases occurring simultaneously. For example, the project excavation, substructure, and structur- al frame may start or be completed while the finishes and specialties systems are being designed. A traditional GC project is too linear to allow this phased construction process.119 Contracting," in Successful Construction Management Techniques and Procedures, (Professional Development Program, University of Wisconsin - Madison, February 10 -14, 1992), 7/13. 117 Cushman et al., op. cit., 48 -49. 118 Robert C. Teets, Profitable Management for the Subcontractor, (New York: McGraw -Hill Book Company, 1976), 147. 119 Adrian, op. cit., 28 -29. 20 72 Disadvantages: Sapers states "the rush to new ways of doing things is a weakness in us all." His concern is that we not rush out and change project delivery system formats without an under- standing of virtues and perils related to that system.120 He obviously raises an important point. Construction man- agement is not a panacea! After reviewing the advantages, we must now consider the potential disadvantages the use of this system poses. 1. Public entities are generally unfamiliar with the construction management process. This uncertainty creates numerous questions regarding the process. A construction management firm is many times forced into a situation where it must first sell the concept before it can sell the servic- es it provides. Another related issue is that participants in the pro- cess do not have a clear understanding of their own roles. Zeloznicki states that the City of Glendale, Arizona ran into some problems with construction management because city staff had not clearly defined the roles of the participants. She went on to state that once the city under- stood its own expectations, the construction manager was 120 Sapers, op. cit., 44. 21 73 able to turn the project around and bring it in well under budget.121 Thomas states that a CM is a surrogate owner. He points out that it is not an easy job when you are acting on behalf of someone else's interests. It becomes even more difficult when those interests are unclear.122 Therefore, it is critical that we, as owners, understand our own needs and expectations before engaging the services of a construction manager. It is also imperative that the relationship be- tween parties is clearly understood in order that people may function at maximum capacity. 2. Geographic limitations may make the use of construc- tion management impractical. In some areas of the country, qualified construction managers may not be readily available. While firms can obviously be imported to assist with a project, an appropriate dollar volume will be neces- sary in order to make this venture worthwhile. Another concern in this regard is that a construction manager who is not familiar with a geographic area will not possess the necessary knowledge to make proper decisions regarding bid packaging. This is due to a lack of under- 121 Susan J. Zeloznicki, "Construction Management Works for Municipal Projects," Public Works, October 1986, 58 -59. 122 Thomsen, "Construction Management: What's Happened To It ?" op. cit., 41. 22 74 standing of the local labor market. 3. The hiring of a construction manager requires the payment of an additional fee. This perceived disadvantage has generated significant discussion when a public body is considering the use of construction management for the first time. Weinert states emphatically that CM is not an added cost. A construction manager has replaced the general con- tractor and therefore the CM fees have replaced the GC fees which were buried in its lump sum bid. He goes on to state that it has been shown on public projects that the multiple bid approach of construction management reduces overall costs significantly so that the total of the low bids award- ed plus the CM fee is less than the cost of the same project bid under the GC format.123 In Appendix IV, a model cost comparison between construction management and general contracting prepared by C. Edwin Haltenhoff is included. This model supports Mr. Weinert's position. 4. There is a lack of standards regarding the qualifica- tions upon which hiring decisions for CM's are based and also regarding an appropriate range of fees.124 Construc- tion management does not require a license as do architects and engineers, nor does it require successful business orga- 123 Weinert, "Construction Management: Alternative," op. cit., 18. 124 Foxhall, op. cit., 20. 23 A Sensible 75 nization with a strong financial statement that a general contractor would typically have. The opportunity exists for too many "lightweights" to enter the business.125 Thorough screening can help alleviate this problem. 5. Parties involved in the process do not always have a clear understanding of their contractual relationships. CM contract forms are produced by the AIA, AGC, and the CMAA. Each contract outlines different duties and responsibilities for the parties involved. It is important that people read, clarify, and understand the relationship established by these documents.126 6. CM's may not be experienced in dealing with public sector entities. During our review of the history of con- struction management, we learned that GSA had problems with construction managers who were not experienced in dealing with federal rules and regulations. The same can hold true at the local government level. While CM's may have experi- ence in dealing with private sector entities; familiarity with bidding requirements, sales tax exemption, payment processing, and liability issues that face a public sector organization pose nuances that can result in problems if not 125 Thomsen, "Construction Management: What's Happened To It ?" op. cit., 39. 126 Thomas Sweeney to Joel Hanson, Interview, March 23, 1992. 24 76 properly managed. 7. Liability issues can be raised if the construction manager takes a leadership role in making recommendations on materials or methods for design. This is especially true if the decision to adopt a design was based on the owner's reliance on the knowledge and experience of the construction manager.127 To minimize this exposure, contract documents should clarify that the architect /engineer should be respon- sible for design including the changes that come during value engineering and other document reviews. 8. Multiple bidding can result in certain work items falling between bid packages. In the conventional system, there is a general contractor who must perform the work regardless of the disputes of the subs. When there is no general contractor, that responsibility becomes the owner's for failing to bundle the work with the appropriate subcon- tractor's responsibilities.128 A thorough review of bid documents by the CM can minimize this exposure. 9. Conflict of interest can exist for a CM who also serves as a GC on other jobs. There is an inherent conflict of interest whenever a CM who serves as a GC in other situa- 127 George Stukhart, "Construction Management Responsibilities During Design," Journal of Construction Engineering and Management, March 1987, 93. 128 Sapers, op. cit., 44. 25 77 tions must deal with primes who he may be working with on other projects. Obviously, the CM needs to foster good relationships with the primes for the project at hand, but this same firm must also consider relationships that may occur in future projects. While a CM must always be reasonable, compromising situations could exist where inter- ests other than the owner's come into play.129 10. CM can increase the cost of bonding for a project because multiplicity of small bonds for a prime contractor is a greater expense than one large bond for a general contractor.130 Others dispute this fact by stating the difference in total bonding costs may be less because con- tractors with small contracts may avoid the costs of bonding by using other acceptable security. Another counterpoint to this argument is the exposure issue that was discussed inthe advantages section.131 11. Bonding of prime contractors may limit the number of subcontractors (primes) that are able to compete for the work. When a general contractor provides a bond for the entire project, he may carry certain subs that are not able to bond on their own. The general contractor providing the 129 Foxhall, op. cit., 15. 130 Weinert, "A Study of Agency Construction Management," op. cit., 39. 131 Beckwith, op. cit., (Interview). 26 78 bond enables the nonbondable specialty contractors to per- form work at competitive prices who could be excluded under the CM process. Utilizing a general contractor, the owner receives protection against subcontractor failure through the GC's bond and also obtains the benefit of specialty contractor competition which leads to lower specialty con- tractor bids.132 12. The multiple contracting technique employed by construction management can increase the paperwork require- ments on staff of participating public entities. It can also be argued that more time commitment is necessary on the part of the public agency involved.133 However, as we discussed in the advantages section, heightened owner aware- ness is an advantage of this process. It should be expected that this benefit will have an offsetting cost. Perhaps some of this increase in time required is necessary no mat- ter what system is utilized if we want successful projects. 13. J.B. Bonny states "construction is above all a people profession. "134 Given the fact CM involves a high degree of interaction among the participants and emphasizes 132 Adrian, op. cit., 36 -37. 133 Weinert, "A Study of Agency Construction Management," op. cit., 39. 134 J.B. Bonny and Joseph P. Frein, Handbook of Construction Management and Organization (New York: Van Nostrand Reinhold Company, 1973), xi. 27 79 a great deal of project control from the owner's standpoint, it is critical that good personnel be involved to ensure its success. As Thompson states, if that control is not exercised, the results are worse not better than general contracting. Good construction management is great; bad construction management is awful.135 135 Thomsen, CM: Developing, Marketing, and Delivering Construction Management Services (New York: McGraw -Hill Book Company, 1982), 78. 28 80 Implementation of the Construction Management Process The key factor in having a successful CM project is the hiring of a qualified firm to provide construction manage- ment services. Weinert states: "there are virtually no documented, identifiable criticisms of construction management. Specula- tions and supposition include thoughts on the quali- ty of the CM and the corresponding services provid- ed and the ability of the CM to meet the needs of the owner through effective management of the project. These fears can be erased, however, through appropriate planning on the part of the owner. The CM, like the A /E, is a professional and, therefore, should be selected accordingly. The construction manager, however, must be brought in at the earliest stage of the project to optimize cost, time and quality ��gm inception to occupancy and post construction." Selection Process Without the availability of uniform standards and licens- ing governing all of construction management, one must be careful in the selection of this firm. As discussed earlier, the Federal government discovered that it was a field easily entered by firms claiming to be CM's who were not truly qualified to provide these services. The key to avoiding "fly -by- night" firms is a thorough selection pro- cess whereby a company's services, abilities, and experience are evaluated. The process I would recommend in selecting a CM is as 136 Weinert, "Construction Managements A Sensible Alternative," op. cit., 19. 29 81 follows: 1. Determine needs of the project and your organization as this will serve as the basis for the selection process.137 2. Develop a listing of possible CM firms. This can be done by talking with other organizations who have utilized CM. State associations representing your jurisdiction can also assist with this process. 3. Prepare a "request for proposals" which explains the nature of the project and develops a format for responses from interested firms that allows you to evaluate their personnel, capabilities, experience, and fees. 4. Rate the proposals based on the firms which best match your agency's needs. 5. Choose the top three for interviews with the selec- tion committee. Interviews should be structured so as to treat each firm fairly and consistently. The interview should be expected to last approximately one hour per firm. It should include time for a brief presentation by the firm, structured interview questions, and a wrap -up question and answer period. Be sure to interview the team which will be working for your organization. At a minimum, this should include a principal of the firm, the project manager, and 137 Ibid., 17. 30 82 the on -site superintendent. 6. Evaluate results of the interview and proposal materials; ranking firms in order of preference. 7. At a minimum, do a thorough background check of the preferred firm and the people assigned to your project. Based on the results of this investigation, determine if other firms should be evaluated or if a selection can be made. 8. Based on results of proposals, interviews, and references, recommend the top firm to the governing body. 9. Finalize contract arrangements with the selected firm. 10. After selection of a CM by the governing body, notify all firms participating in the RFP process of your decision in a timely manner. What factors should be considered when evaluating firms? Barrie identifies the basic qualifications a CM should possess. They are: Overall experience Professional construction management Project planning and control Inspection (if desired) Value engineering Scheduling methods Estimating methods Design knowledge 31 83 Other applicable experience Depth of organization Present work load Available personnel Key personnel Recruiting requirements Financial strength Specialized experience Area familiarity Special knowledge Industry experience References Current clients Prior clients Understanding project requirements Anticipation of problems Understanding of special features Understanding of owner objectives Understanding of project features Understanding area practices Understanding site conditions Preliminary plans for implementation Overall approach Preliminary schedules Preliminary costs Proposed organization 32 84 Services to be provided Services not to be provided Price and compensation Reimbursable costs Nonreimbursable costs Fee basis Other basis138 Haltenhoff states that as a member of the project team, the extent and quality of services is dependent upon the CM's ability to address the following: 1. Thorough understanding of the CM's exact role in the project delivery process. 2. Technical knowledge of each function which is to be managed. 3. Proficiency as a manager. 4. Professionalism in carrying out responsibilities.139 Barrie and Paulson state the single most important fac- tor in choosing a firm is that they should be thoroughly 138 Barrie and Paulson, op. cit., 159 -160. 139 C. Edwin Haltenhoff, "Construction Management Performance Under Dual Service Agreements," in Successful Construction Management Techniques and Procedures, (Professional Development Program, University of Wisconsin - Madison, February 10 -14, 1992), 4/6. 33 85 qualified and possess unquestionable integrity.140 Who makes a better construction manager is another issue to be considered in evaluating firms. The choice is between those who possess field experience versus those who possess technical /administrative know -how. Field experience is usually possessed by people or firms who have served in the capacity of general contractors. Foxhall identifies two cautions when considering GC's as CM's. The first is that many GC's do not have cost exper- tise due to their heavy reliance on subcontractors for pricing. The second concern is that the array of services implicit in construction management and a professional orien- tation of those services to the client are simply not a part of the general contractor's inherent resources.141 Thomsen states that GC's are typically best during construction, but they can be weak during the design phase of a CM project. Design professionals were good during design due to their conceptual estimating and other comput- er -based management systems, but can be short on field experience.142 To resolve this issue, track records of the firms under consideration will be the best gauge of 140 141 142 Happened Barrie and Paulson, op. cit., 49. Foxhall, op. cit., 26. Thomsen, "Construction Management: What's To It ?" op. cit., 39. 34 86 their abilities to perform. Another point to consider in the hiring of a construc- tion manager is when should this person be brought on board: before the architect or after the architect? We have al- ready discussed that a CM should join the team as soon as possible to maximize benefits of the process. Therefore, who should be hired first? There are two key factors to consider in this regard. The first is how well the project's needs are defined by the owner. The second is the ability to develop a team that is comfortable with each other's respective roles (CM and A /E). With the first factor, it would be extremely difficult to ask for proposals on a project if needs are not clearly defined. This may necessitate the involvement of some pro- fessional help on the front -end to assist in the definition process. These services could be retained on a limited arrangement basis with no commitment for future project involvement. They would most likely be provided by an architect /engineer. The second factor would relate to an architect's famil- iarity with the construction management process. It has been my experience that many architects will be reluctant to consider the use of CM given their unfamiliarity with it and the lack of adequate track records on the part of CM firms. If the decision is made to utilize construction management, then one would be wise to verify that the architect /engineer 35 87 to be selected is comfortable with this process. In this case, it may be preferable to hire the CM first. The last issue to consider in the selection of a con- struction management firm is the contract form which will be used to define the relationship between the owner and the CM. The American Institute of Architects (AIA), the Associa- tion of General Contractors (AGC), and the Construction Management Association of America (CMAA) all have construc- tion management contract documents available for utilization. While each contract sets forth the arrange- ments for construction management services, they vary signif- icantly in the responsibilities incurred by the parties to this process. The chart in Appendix V sets out a compari- son of assigned responsibilities for project components under each contract form. It is imperative that an owner thoroughly evaluates the contract document to make sure needs are best being meet and liabilities are minimized.143 143 Thomas F. 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Hanson CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMITS AND INTERIM USE PERMIT PROPOSAL: A request for approval of an Amendment to Conditional Use Permit for Outdoor Storage (Accessory Use), Interim Use Permit for Off -Site Outdoor Storage, Conditional Use Permit for Auto- Repair Major, Renewal of lapsed Conditional Use Permit for Storage Containers, and Conditional Use Permit for Proof Of Parking. The property in question is zoned Light- Industrial (1 -1) District. APPLICANT & PROPERTY OWNER: Russ Fischer 6363 Jamaca Avenue N. Stillwater, MN 55082 PROPERTY LOCATION: 200 -208 Ryan Drive Little Canada, MN 55117 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at its regular meeting scheduled for Thursday, June 13, 2013. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, June 26, 2013 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. • All persons with reference to this platter will be heard during the Planning Commission meeting on Thursday, June 13, 2013 and the City Council meeting on Wednesday, June 26, 2013. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator 1 3 -13 From: Russell Fischer 208 Ryan Drive Little Canada, MN. 55117 To; The City of Little Canada 1) In regards to my conditional use permit for storage containers at 208 Ryan Drive, 1 am looking for an extension for the permit which was purchased on March 29`", 2012. At this time, my tenants don't need the containers, but I need the option to put the storage containers In as needed for the tenants to rent for future use. 2) I am requesting that my auto mechanic and other tenant contractors have the option to park vehicles overnight with current tabs along the back fenced area and back of building where there is already parking spaces. 3) The East end of my building located on Ryan Drive is currently used for storage. Some of my tenants and other Little Canada companies currently rent these spaces. 1 am looking for the option to rent these spaces out to companies based In Little Canada and companies based outside of Little Canada in order to make sure these spaces are rented to help cover the cost of property taxes. Sincerely, Russell 1. Fischer 2 3 fa #SRN) fAN:in\ Cee?ttle uanada 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 ADMINISTRATOR www.ci.little- canada.mn.us Joel R. Hanson MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss MEMORANDUM TO: Planning Commission Members FROM: Jessica Jagoe, Code Enforcement Officer DATE: May 15, 2013 RE: 200 -208 Ryan Drive — CUP Amendments, Interim Use Permit, and CUP for Proof of Parking Russ Fisher has requested consideration of several planning actions which include Amendment of Conditional Use Permit (CUP) for Outdoor Storage (Accessory Use), Issuance of Interim Use Permit (IUP) for Off -Site Outdoor Storage, CUP for Auto - Repair Major, Renewal of lapsed CUP for Storage Containers, and a CUP for Proof of Parking at 200 -208 Ryan Drive. These planning items are a result of the current uses and needs that the tenants and property owner have at the site. I have outlined the code requirements for each of the zoning items requested and inserted staff comments in italics. • Amendment of CUP for Outdoor Storage (Accessory Use). The property owner is requesting an amendment to the current CUP for outdoor storage to expand the storage area. The current CUP allows for storage along the east side of the property. The amendment would be to allow two additional storage areas behind the building. Below are the code requirements for outdoor storage. 1. The activity of outdoor storage shall require a separate business license issued by the City of Little Canada. The property owner has an outdoor storage license and will be required to continue to obtain upon approval. 2. The storage area in question occupies an area no greater than sixty (60) percent of the gross square footage of the subject parcel. 4 The proposed amendment factoring all three outdoor storage areas would account less than 25% of the subject parcel. 3. The storage area shall not occupy any portion of the yard between the front building line and the adjoining public street, or the side building line and public street on a corner lot. The current and proposed outdoor storage areas meet this code requirement. 4. The storage is utilized solely by those tenants of the principal building in an amount proportionate to each tenant's occupancy of said principal building. The property owner has requested consideration to continue to allow "rental" outdoor storage to non - tenants of the building and non - Little Canada businesses for the east storage area as currently allowed in his CUP issued in 1999. This provision will be discussed in greater detail later in the report. 5. The outdoor storage of equipment or materials, as defined by this Ordinance, must be capable of moving under its own power, stored on a trailer, stored within weather -proof containers, or other storage arrangements as approved by the City Council. Storage of any material directly on the ground when the dimensions of such item are less than three (3) feet in width, length, and height, shall be prohibited wherever the City Council determines that reasonable alternatives exist consistent with this section. The properly owner has indicated that the storage area directly behind the building will be utilized for licensed and operable trailers and /or vehicles. The storage area on the east side of the building could consist of inoperable and /or unlicensed vehicles, as well as, other materials (salvage repair license, see below). Additionally, the storage on the east side of the building is where the placement of the weather-proof containers will exist if and when the need arises. Given one of the current tenants of the building has a salvage repair license with the City, it is reasonable to assume that some of the repairables will be inoperable. As such, staff recommends that the placement of the inoperable and /or unlicensed vehicles only be allowed on the east side of the building in the designated storage area. This location is the least visible and is fully screened. In addition, given the .square footage of this storage area, the number of vehicles that will he inoperable and/or unlicensed will be limited by space ensuring junk/debris does not become a code enforcement issue. Therefore, .staff considers the intent of this code provision to be met. 5 6. When storage or shipping containers are utilized, the following regulations shall apply: a. Containers shall be those manufactured expressly for the purpose of storing and /or shipping materials. b. No container, for the purpose of this ordinance, shall be greater than forty (40) feet in length, eight (8) feet in width, or eight and one half (8.5) feet in height. c. No more than one (1) such container may be allowed for each seven thousand five hundred (7,500) square feet of lot area. d. Containers shall not be stacked or arranged to exceed the eight and one -half (8.5) foot height. e. Containers shall be painted to match or be complementary in color to the principal building, and shall be maintained to avoid rusting or other visible deterioration of the container. f. There shall be no storage of hazardous materials, as defined by the zoning ordinance Section 902 of this Ordinance, within any such container. This is one of the planning actions requested by the properly owner,* consideration. Staff will review this in further detail later in the report. 7. Outdoor storage areas must be kept in an orderly condition, permitting vehicular access to all materials or equipment. Lanes at least twenty (20) feet in width shall be required to meet this standard. No portion of the outdoor storage shall be more than fifty (50) feet from any access lane or other drive aisle, nor shall it block access to hydrants, fire sprinklers, or other fire - fighting equipment. Except for construction equipment which is stored or parked in its most compact condition, outdoor storage may not exceed eight (8) feet in height as measured from the ground on which it is located. Access needs to be clear and maintained. The outdoor storage areas proposed appear to meet this code requirement. 8. The storage area shall be fenced and fully screened from adjoining non- industrial property, park and trail areas, and public right of way. Where properly fenced and screened, outdoor storage may encroach into the required side or rear yard setback area. Gates may be excluded from this screening requirement as provided for in Section 903.020.0.6. The storage area to the east side of the building is fully screened (see staff comments below in #9 with regards to additional screening). The outdoor storage areas being added in the rear yard behind the building are visible from Ryan Lane. The property owner will need to add screening for these .storage areas that meets the current code requirements. 6 9. Screening shall consist of masonry walls or fencing constructed of wood or vinyl, as well as landscaping. Metal fencing may be used where landscaping provides a complete year -round screen and is irrigated to ensure survivability in compliance with Section 903.020.F (Fences) of this Ordinance. Screening exists of chain -link with slats for the outdoor storage area visible from Ryan Drive. This was an acceptable, form of screening for the CUP issued in 1999. The chain -link with slats is in good condition and is being maintained by the property owner. However, our current code allows for metal fencing where landscaping provides a complete year - round screening. The property owner will be required to install landscaping along the Ryan Drive storage area if the metal fencing remains. In addition, the property owner will be required to add screening to the storage areas visible from Ryan Lane. The screening used for this area must comply with the current code requirements which would not allow for chain -link with slats. 10. Waste or recyclable material shall be contained in a refuse container. All such containers shall be stored within a screened enclosure within the rear yard of the property. The waste containers abut the building and are stored directly behind in one of the proposed storage areas. Screening is provided by the building. Staff would recommend that the containers either be stored towards the center or eastern edge of the storage area behind the building. By doing so, it reduces their visibility/from Ryan Lane. 11. The storage area shall be paved with asphalt, concrete, or other material approved by the City Council. The three storage areas approved are all paved with asphalt. 12. The storage area shall not occupy any space required for conformity to the parking regulations of the Zoning Ordinance. The property owner is requesting approval of Proof of Parking and this will be reviewed later in the report. 13. The property, including buildings and exterior site areas, shall comply with all applicable fire codes. Approval would be subject to the above condition. 14. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residential uses, and shall be in compliance with Section 903.020.I of the Zoning Ordinance. No changes are proposed to this requirement. 7 15. All other provisions and requirements as deemed necessary by the City Council. 16. The applicant complies with the provisions of Section 921 of' the Zoning Ordinance. • Issuance of IUP for Off -Site Outdoor Storage. In 1999 when this property owner was issued a CUP for outdoor storage, the city code allowed the principal use of open and outdoor storage for "renters" that did not occupy space within the building. That use was removed from the code entirely and the currently the 1 -1 zoning district allows a modified version by Interim Use Permit. Currently the "rental" outdoor storage on the property is being used by a renter of another property in Ryan Industrial Park. Therefore, it would comply with the current code for an Interim Use .Permit (IUP) to be granted. So you are aware, staff has told the property that his "rental" outdoor storage meets the code requirements for an IUP and that his outdoor storage as a principal use will be discontinued with this permit. However, the property owner will probably request your consideration to allow him to continue having "rental" outdoor storage to those that do not occupy space within the building and to any "renter" even those not located within the City as his current CUP allows. If off -site storage is going to be permitted by an IUP, 1 have outlined below the code requirements. 914.045. INTERIM USES (Requires an interim use permit based upon procedures set forth in and regulated by Section 921 of this Ordinance.) A. Off Site Outdoor Storage, provided that: 1. Off -site outdoor storage shall require a license in addition to any other business or outdoor storage license required by the City. The property owner will be required to obtain this separate license. 2. This interim use permit may not be utilized for the off -site storage of motor vehicles or parts of motor vehicles. The "rental" storage is currently being used by an asphalt paving company, plus some of that business owner's personal storage items. There are two party buses and there has been one or two of hi.s passenger automobiles. This site already has two or three auto - related businesses 8 located within the building. It would be staff's opinion that given the number of vehicles already parked and stored on the site that the "rental" storage complies with this provision. Additionally, because the IUP's intent is to allow a property owner in the I -1 zoning district the ability to rent storage to another business in the same district, it would then not be for storage of personal items. Staff would require removal of the party buses and personal automobiles as they are not associated with the asphalt business. The off-site storage would be tied to the business storage items. 3. The owner of the storage material owns and operates a business (the "operator ") in Little Canada zoned 1 -1. The current "rental" storage .situation complies with this provision and it would be staff's recommendation that any future "rental" storage comply. 4. The location of the off -site storage is zoned I -1 (the "off -site location "). The current "rental" storage situation complies with this provision and it would be staff's recommendation that any future "rental" storage comply. 5. The storage area meets all of the conditions for outdoor storage listed in Section 914.040.0 as if it were accessory to the principal use on the subject parcel, with the exception of 914.040.0.4 of this Ordinance. The current "rental" storage situation complies with this provision and it would be staff's recommendation that any future "rental" storage comply. 6. Both the operator's parcel and the off -site location are found to be in full compliance with all applicable zoning regulations at the time of application, and have had no history of zoning violations in the previous twelve (12) months. Staff is not aware of any past or current violations with either parcel. 7. The owner of the property and the owner of the storage material execute a development agreement with the City specifying any additional conditions for use and operation of the storage area, including a termination date for the interim use permit not more than five (5) years from the date of approval. With the above changes being made to the permit, it would be staff's recommendation that the Development Agreement be between the City and the owner of the property. This allows the properly owner the ability to change "renters" within the five year period without having to apply for a new permit. Additionally, it gives some flexibility within the IUP for whom the renter of storage would be, but the above condition that the storage may not be utilized for storage of motor vehicles or parts of motor vehicles would be included as a condition. • CUP for Auto - Repair— Major 9 This property has a history of auto - related uses occurring on the site. In 2012, the property owner was issued a CUP for two Indoor Vehicle Motor Sales businesses at this location. At that time, city staff did not indicate that one of the new businesses also conducted auto - repair major because this was a use that already existed with another auto - repair business in the building. However, in reviewing the code, auto - repair major is allowed by CUP. As such, stiff should have included that as part of the approval. Therefore, staff is recommending this be included as part of these amendments to further confirm all the uses on the site. • Renewal of lapsed CUP for Storage Containers. A CUP was issued in March 2012 for up to three storage containers in the outdoor storage area on the east side of the building to be utilized for tenants of the building. CUP 's must be exercised within twelve months from the date of the approval, or the approval will lapse. To this point the property owner has not needed these containers and as such has not established said use on the property. The applicant is requesting this approval be reestablished with the same conditions as before which stated the shipping containers must be maintained in accordance with the above provisions of the ordinance and subject to approval by the Fire Marshal of the location and layout within the storage area. An additional request of the property owner is to allow more than one year to establish the storage containers. The reason for this request is that he does not want the containers to become permanent fixtures on his property, but rather only on the site based on the current needs of his tenants. To date, his tenants have not needed the containers. Staff considers this a reasonable request and appreciates the consideration of the property owner to keep the site neat and orderly. As such, staff recommends the property owner be allowed up to three years to establish the storage container use before the permit would lapse. At which time, if the containers have not been established prior to the lapse in the permit consideration could be given to extend before that deadline. This allows staff an opportunity to review the current storage needs and compliance on the site without given indefinite approval Below are the CUP code requirements for storage containers (same as the existing permit) — When storage or shipping containers are utilized, the following regulations shall apply: a. Containers shall be those manufactured expressly for the purpose of storing and /or shipping materials. 10 b. No container, for the purpose of this ordinance, shall be greater than forty (40) feet in length, eight (8) feet in width, or eight and one half (8.5) feet in height. c. No more than one (1) such container may be allowed for each seven thousand five hundred (7,500) square feet of lot area, d. Containers shall not be stacked or arranged to exceed the eight and one -half (8.5) foot height. e. Containers shall be painted to match or be complementary in color to the principal building, and shall be maintained to avoid rusting or other visible deterioration of the container. f. There shall be no storage of hazardous materials, as defined by the zoning ordinance Section 902 of this Ordinance, within any such container. • CUP for Proof of Parking This property currently consists of Metro Cleaning (business owned by the property owner), two auto - related businesses, and one open space. Russ Fisher has himself and two additional employees in the office while the two auto - related businesses have the business owner and maybe one employee each. The auto - related businesses tend to have more arranged appointment and therefore do not create a high parking demand at one time. As a result, the property owner is requesting a Proof of Parking CUP. The CUP issued in 1999 required the site to have 46 parking spaces, all of which were established on the site. Based on the current uses, city staff calculates that the site would be required to have 42 parking spaces. The parking spaces that were established behind the building are what the property owner is requesting be changed to an outdoor storage area. By converting the parking to storage that still leaves 21 off-street parking spaces on the site. Staff believes this is adequate given the limited number of employees that each of the current businesses have. Staff recommends approval of the Proof of Parking CUP based on the finding that in the future should additional parking be needed at any time then one of the outdoor storage areas behind the building could be converted back to required off - street parking to comply. I have copied below the code requirements firr your review. Proof of Parking. The City Council may approve a reduction in the actual number of spaces to be constructed accessory to any use by the approval of a Conditional Use Permit, per the requirements of Section 921.030 of this Ordinance. A Conditional Use Permit for such a reduction shall be allowed only where an applicant can demonstrate the following: a. The demand for parking actually needed by the proposed use will be less than ninety (90) percent of the requirement which applies under this Ordinance; 11 b. Based upon an appropriately designed site plan the required number of spaces may be constructed at some future date on the subject site in full conformance with all other requirements of the City's Zoning Ordinance and Building Code; c. The applicant and City enter into a development agreement, to be recorded against the subject property, which includes a clause requiring the owner to install the additional parking stalls, upon a finding by the Planning Commission that such additional parking stalls are necessary to accommodate the use; d. A change of use will necessitate either a new application for a "Proof of Parking" Conditional Use Permit, or compliance with the applicable Zoning Ordinance standard for parking. CC: Russ Fisher, Property Owner 12 a?ttle uanada MAYOR Bill lllesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 5 5117 -1 60 0 (651) 766 -4029 / FAX: (651) 766 -4048 ADMINISTRATOR www.ci.little- canada.mn.us Joel R. Hanson MEMORANDUM TO: Mayor Blesener & Members of the City Council FROM: Jessica Jagoe, Code Enforcement Officer DATE: June 21, 2013 RE: Russ Fischer Zoning Application City staff has verified that the busses stored on his property are owned by Joe Reif. Mr. Relf is currently a renter within Don Valento's building at 3176 Spruce Street — Ryan Industrial Park, These busses are associated with a business and are not personal recreational items or motor vehicles. Therefore, it would be city staff's recommendation that the busses be allowed as part of the Interim Use Permit issued to Russ Fischer for outdoor storage for non - tenants of the building. Staff is still recommending that all automobiles that are not for business use be removed from the property and not be included as part of the IUP approval. 13 MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA JUNE 13, 2013 Pursuant to due call and notice thereof a regular meeting of the Planning Commission of Little Canada, Minnesota was held on the 13th day of June, 2013 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Chair Dan Knudsen called the meeting to order at 7:30 p.m. and the following members of the Planning Commission were present at roll call: PLANNING COMMISSION: Mr. Dan Knudsen Mr. Tom Duray Mr. Scott Barraclough Mr. Tom Fischer Ms. Jennifer Maleitzke Ms. Heidi Murphy Mr. Nick Schwalbach ALSO PRESENT: Mr. Steve Grittman, City Planner Ms. Vanessa VanAlstine, Cable TV Ms. Kathy Glanzer, City Clerk MINUTES The April 11, 2013 Planning Commission meeting minutes were approved as submitted. CUP'S, Russ Fischer, 200 -208 Ryan Drive, appeared before the Commission IUP requesting approval of the following: 200 -208 *Amendment of Conditional Use Permit for outdoor storage RYAN (accessory use); DRIVE - *Interim Use Permit for Off -Site Outdoor Storage; RUSS *Conditional Use Permit for Auto - Repair Major; FISCHER *Renewal of lapsed Conditional Use Permit for storage containers; *Conditional Use Permit for proof of parking. Fischer reported that he has only been able to lease his property at 200- 208 Ryan Drive to auto mechanics. The mechanics have the need to park vehicles outdoors overnight that are scheduled to be repaired the next day. Fischer described the outdoor storage areas on the site plan as well as the recommendations as contained in the Code Enforcement Officer's report relative to the screening of these storage areas. Knudsen pointed out that using slats in a chain -line fence is no longer an acceptable screening method. Fischer indicated that he would be utilizing both landscaping as well as a wooden fence for screening. 14 MINUTES PLANNING COMMISSION JUNE 13, 2013 Knudsen asked if Fischer has reviewed the Code Enforcement Officer's report and asked if he had any questions or issues of concern. Fischer stated that the issue he has is with his ability to rent outdoor storage to businesses located outside of Little Canada. Fischer reported that he currently he rents outdoor storage space to a blacktop company that is located in Ryan Industrial Park. However, he would like to be able to rent outdoor storage to non -Little Canada business as he was allowed under his current CUP. Knudsen reported that the City changed the Code a number of years ago eliminating the ability to rent outdoor storage to non - Little Canada businesses. Knudsen reported that when first considering amendments which would tighten outdoor storage allowances, the intention was to limit outdoor storage to businesses that occupy buildings on the premises. The City then ran into situations where neighboring property owners were working together and some businesses were renting outdoor storage space from adjacent properties. Knudsen noted that while the City was not interested in having outdoor storage as a primary use on a property, it did want to provide some flexibility so that Little Canada businesses could work together. Fischer noted that he needed the revenue from the leasing of outdoor storage space. Knudsen stated that he would not recommend changing the Code to allow the leasing of outdoor storage space to non - Little Canada businesses. He pointed out that the City has worked hard in addressing the issue of outdoor storage. Fischer asked if he made no changes on his property if he would have the ability to rent outdoor storage to non - Little Canada businesses as provided for in a current Conditional Use Permit. The City Planner reported that Ryan Industrial Park property owners had been given the choice to retain existing Conditional Use Permits with the conditions that were in effect at the time the CUP was issued. However, if changes were requested, these property owners were informed that they had to comply with current standards. Under the new standards an Interim Use Permit is required for off -site outdoor storage, and that storage can only be for Little Canada businesses. The Planner also noted the revised screening standards. Knudsen pointed out that these new standards allow some flexibility for leasing outdoor storage space to Little Canada businesses. Knudsen stated that he understands Fischer's position, but again indicated that this is the compromise that the City arrived at. Duray asked about Fischer's ability to rent outdoor storage space to a Little Canada business. The City Planner pointed out that this is the Interim Use Permit that is before the Commission this evening. Duray - 2 - 15 MINUTES PLANNING COMMISSION JUNE 13, 2013 asked if the outdoor storage limitation to Little Canada businesses would work for Fischer. Fischer asked if the outdoor storage could be residential. The City Planner replied that it would be limited to business storage. Duray asked Fischer if a continued outdoor storage lease with the asphalt company would be sufficient. Fischer pointed out that when he has leased outdoor storage space, there have been times when the business would then also lease building space as it became available. Fischer stated restricting him to leasing outdoor storage space to only Little Canada businesses was very limiting. Knudsen stated that he did not believe the City would be inclined to open outdoor storage up again pointing out the work that City has done on this issue. Knudsen asked if Fischer had any other concerns with staff's recommendations. Schwalbach asked what made the City change its stance on outdoor storage. Knudsen explained that outdoor storage has been an enforcement problem, and the City looked at limiting outdoor storage so that it could not be a principal use of a property. In studying the issue and noting that there were Little Canada businesses that needed additional outdoor storage space over what was available at their current location, the City compromised allowing off -site outdoor storage for Little Canada businesses. The City Planner also answered the question from an economic development standpoint noting that outdoor storage is a utilization of property without any improvements. He pointed out the aesthetic issues of outdoor storage, that outdoor storage does not generate employment, and does not improve the tax base. Duray asked about the reference in staff's report relative to the need for a development agreement. The City Planner noted that it is not uncommon to require a development agreement in conjunction with an interim use permit so that there is no confusion on the part of the applicant as to when the interim use permit expires. The Planner noted that unlike a Conditional Use Permit, an Interim Use Permit does not run with the land. The Planner also indicated that a 5 -year term for an Interim Use Permit is not unreasonable and also pointed out that outdoor storage requires a license. Duray asked about the processing of changes at staff level. The Planner noted that this was one of the changes in updating outdoor storage regulations in that minor changes could be processed at the staff level. Duray asked if there was adequate parking availability on the site. The Planner replied that there was. - 3 - 16 MINUTES PLANNING COMMISSION JUNE 13, 2013 Duray asked if Fischer understood that if approved as recommended by City staff, he would not be allowed to lease outdoor storage space to non- Little Canada businesses. Fischer stated that he understood. Duray recommended approval of the following for 200 -208 Ryan Drive, Mr. Russ Fischer, subject to compliance with the recommendations of the Code Enforcement Officer as outlined in her May 15, 2013 report: • Amendment of Conditional Use permit for outdoor Storage (Accessory Use); • Interim Use Permit for Off -Site Outdoor Storage; • Conditional use Permit for Auto - Repair Major; • Renewal of lapsed Conditional Use Permit for storage containers; • Conditional Use Permit for proof -of- parking. Motion seconded by Knudsen. Motion carried 7 — 0. COMPRE- The City Planner reviewed his report dated June 7, 2013 proposing an HENSIVE Amendment to the Zoning Code relative to Comprehensive Sign Plans. SIGN PLANS The Planner reported that a Conditional Use Permit is currently required for Comprehensive Sign Plans for multi - tenant buildings. He noted that these plans are required to meet the requirements of the Sign Code as well as the City's Architectural Guidelines. Therefore, in order to streamline the process, staff is proposing that applications for Comprehensive Sign Plans that meet all Code requirements and Architectural Guidelines require only administrative staff review. Knudsen asked if applications that are outside these standards would come before the Commission and Council. The Planner replied that that is correct. Applications that do not meet standards would require a Variance action or some other planning action that would require Commission and Council review. Fischer pointed out that in some past applications there was concern expressed by neighboring property owners that proposed pylon signage obscured their signage. He noted that without the hearing process, neighbors would not get heard. The City Planner indicated that from staff's perspective if an application met all Code requirements, the City is bound to approve regardless of a neighbor's objection. Duray asked about cost. It was pointed out that a CUP application of this nature requires a $750 deposit. Regardless of whether a CUP is required or not, a Sign Permit would also be required. Therefore, eliminating the CUP process substantially reduces the cost to the applicant. - 4 - 17 ��t6tle uanada MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 7664029 / FAX: (651) 766 -4048 ADMINISTRATOR www.ci.little- canada.mn.us Joel R. Hanson CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING ZONING CODE AMENDMENTS PROPOSAL: The City of Little Canada is proposing the following: Amendment to the Zoning Code relative to Comprehensive Sign Plans; Amendment to the Zoning Code relative to cul -de -sac length; Amendment to the Zoning Code relative to single - family accessory uses and the definition of family; PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at its regular meeting scheduled for Thursday, June 13, 2013. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, June 26, 2013 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, June 13, 2013 and the City Council meeting on Wednesday, June 26, 2013. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator 1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2556 Facsimile: 763.231.2581 plannersOnacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: June 7, 2013 RE: Little Canada — Zoning Ordinance Amendment — Comprehensive Sign Plans FILE NO: 758.10 — 13.02 Background and Analysis The Planning Commission has discussed certain amendments to the zoning ordinance, one of which is a change to the processing of Comprehensive Sign Plan requests for multi- tenant commercial property. Under the current regulations, a Comprehensive Sign Plan is required for any multi- tenant building, with the required process being a Conditional Use Permit. The proposed change would retain the Comprehensive Sign Plan requirement, but revise the process to an administrative review. The standard for administrative review would be compliance with the general sign ordinance requirements. Any changes beyond the allowances of the code would then only be possible within the context of a project approved by PUD, or if the City would consider a variance — obviously only very unique conditions would provide these options. The current language reads as follows: b. Conditional Uses. In the case of a shopping center or where there are two (2) or more business uses located within one structure or on one property, the approval of a conditional use permit shall be required for the entire complex in accordance with an overall site plan indicating the size, location and height of all signs. A maximum of fifteen (15) percent of the building silhouette shall apply to the principal building where the aggregate allowable sign area is distributed among the several businesses. In the case of applying this conditional use permit to a complex, the complex may have two (2) freestanding signs identifying the complex in accordance with the following: 2 (1) Only one (1) sign per street frontage. Lot shall have at least five hundred (500) feet of total street frontage to be allowed two (2) signs. (2) Identification signs may be located no closer than five (5) feet to any street right -of -way. (3) Where more than one shopping center identification sign is to be located on such property, no such sign shall be located less than forty (40) feet from point of intersection of property lines. For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the related public street(s). The change would occur in the initial paragraph, as follows: b. Conditional -Uses Comprehensive Sign Plan. In the case of a shopping center or where there are two (2) or more business uses located within one structure or on one property, the approval of a Comprehensive Sign Plan shall be required for the entire complex in accordance with an overall site plan indicating the size, location and height of all signs. The Comprehensive Sign Plan shall be an administrative permit, provided the plan meets all size, location, and other standards of this Section and any applicable Architectural Guidelines applicable to the district in which the sign would be located. A maximum of fifteen (15) percent of the building silhouette shall apply to the principal building where the aggregate allowable sign area is distributed among the several businesses. In the case of applying this Comprehensive Sign Plan to a complex of more than one building, the complex may have two (2) freestanding signs identifying the complex in accordance with the following: Summary and Recommendation Staff recommends approval of the ordinance The vast majority (if not all) of the previously approved Comprehensive Sign Plans have been approved provided they meet the requirements of the City's zoning and architectural guidelines. This will provide a simpler process for property owners and code enforcement staff as well. pc: Kathy Glanzer Steve Westerhaus Lee Elfering 3 MINUTES PLANNING COMMISSION JUNE 13, 2013 COMPRE- HENSIVE SIGN PLANS Duray asked if Fischer understood that if approved as recommended by City staff, he would not be allowed to lease outdoor storage space to non- Little Canada businesses. Fischer stated that he understood. Duray recommended approval of the following for 200 -208 Ryan Drive, Mr. Russ Fischer, subject to compliance with the recommendations of the Code Enforcement Officer as outlined in her May 15, 2013 report: • Amendment of Conditional Use permit for outdoor Storage (Accessory Use); • Interim Use Permit for Off-Site Outdoor Storage; • Conditional use Permit for Auto - Repair Major; • Renewal of lapsed Conditional Use Permit for storage containers; • Conditional Use Permit for proof -of- parking. Motion seconded by Knudsen. Motion carried 7 — 0. The City Planner reviewed his report dated June 7, 2013 proposing an Amendment to the Zoning Code relative to Comprehensive Sign Plans. The Planner reported that a Conditional Use Permit is currently required for Comprehensive Sign Plans for multi -tenant buildings. He noted that these plans are required to meet the requirements of the Sign Code as well as the City's Architectural Guidelines. Therefore, in order to streamline the process, staff is proposing that applications for Comprehensive Sign Plans that meet all Code requirements and Architectural Guidelines require only administrative staff review. Knudsen asked if applications that are outside these standards would come before the Commission and Council. The Planner replied that that is correct. Applications that do not meet standards would require a Variance action or some other planning action that would require Commission and Council review. Fischer pointed out that in some past applications there was concern expressed by neighboring property owners that proposed pylon signage obscured their signage. He noted that without the hearing process, neighbors would not get heard. The City Planner indicated that from staff's perspective if an application met all Code requirements, the City is bound to approve regardless of a neighbor's objection. Duray asked about cost. It was pointed out that a CUP application of this nature requires a $750 deposit. Regardless of whether a CUP is required or not, a Sign Permit would also be required. Therefore, eliminating the CUP process substantially reduces the cost to the applicant. - 4 - 4 MINUTES PLANNING COMMISSION JUNE 13, 2013 Knudsen recommended approval of the Amendment to the Zoning Code relative to Comprehensive Sign Plans as proposed by the City Planner in his report dated June 7, 2013. Motion seconded by Maleitzke. Motion carried 7 — 0. CUL -DE -SAC The City Planner reported that the City has had some discussion relative LENGTH to maximum length of cul -de -sacs over the last several years. Initially there was a 500 foot limitation on the length of a cul -de -sac. In considering the remaining land left to develop in the City, the Council had enacted a provision that allowed the Council to approve a longer cul -de- sac length, without need for a variance, where additional natural resources would be preserved without negatively impacting public safety. The Planner reported that the concern is that this language is overly limiting. Therefore, City staff is proposing an amendment which states "The City reserves the right to require, without the need for a variance, longer cul- de -sac length where additional natural resources, public utilities, or other objectives of the City's Comnrehensive Plan and land use objectives, as determined by the City Council, will be preserved or accomplished without negatively impacting public safety. The Planner pointed out that it is at the Planning Commission's and Council's discretion whether or not a longer cul-de -sac is approved. Knudsen noted that this language retains the 500 foot maximum cul -de -sac length as the City's standard. The Planner replied that that is correct, but the new language expands the City's discretionary authority and allows the City to approve a longer cul -de -sac where it believes warranted. The Planner noted that a longer cul -de -sac length cannot be requested by a developer solely to increase lot count. Murphy recommended approval of the Amendment to the Zoning Code relative to cul -de -sac length as recommended by the City Planner in his June 7, 2013 report. Motion seconded by Sehwalbaeh. Motion carried 7 — 0. DEFINITION The City Planner requested that the Commission table action on the OF FAMILY proposed Amendment to the definition of family at this time. He indicated that he needs to discuss this amendment with the City Attorney prior to presentation to the Commission. - 5 - 5 MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 7664029 / FAX: (651) 766 -4048 ADMINISTRATOR www.ci.little- canada.mn.us Joel R. Hanson CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING ZONING CODE AMENDMENTS PROPOSAL: The City of Little Canada is proposing the following: Amendment to the Zoning Code relative to Comprehensive Sign Plans; Amendment to the Zoning Code relative to cul -de -sac length; Amendment to the Zoning Code relative to single- family accessory uses and the definition of family; PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at its regular meeting scheduled for Thursday, June 13, 2013. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, June 26, 2013 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, June 13, 2013 and the City Council meeting on Wednesday, June 26, 2013. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. 1 Joel R. Hanson City Administrator NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 783.231 .2501 plannera(idnacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: June 7, 2013 RE: Little Canada — Cul- de-sac Length FILE NO: 758.10 —13.02 Backaround and Analysis Staff has discussed the application of the City's regulations relating to cul-de -sac length, and the restrictions that apply to flexibility in those regulations. The current language reads as follows: B. Local Streets and Dead -End Streets. Local streets should be planned so as to discourage their use by non -local traffic. Dead -end streets are prohibited, but cul- de -sacs shall be permitted where topography or other physical conditions justify their use. Except for "Temporary cul -de -sacs as described in Section 1006.030.(d), cul -de -sacs shall not be longer than five hundred (500) feet in length, including a terminal turn- around which shall be provided at the closed end, with a right -of -way radius of not less than fifty (50) feet. Such length shall be measured from the centerline intersection with the nearest street to the end of the cul-de -sac. The City reserves the right to require, without the need for a variance, longer cul -de -sac length where additional natural resources will be preserved without negatively impacting public safety. The requirement for a longer cul -de- sac shall not be applied solely because a subdivider wishes to increase lot count in a subdivision. The concern is that the language allowing the City to approve longer cul -de -sac streets is overly limiting. The proposed language follows: ... The City reserves the right to require, without the need for a variance, longer cul -de -sac length where additional natural resources public utilities, or other objectives of the City's Comprehensive Plan and land use obiectives, as determined by the City Council, will be preserved or accomplished without 2 negatively impacting public safety. The requirement for a longer cul -de -sac shall not be applied solely because a subdivider wishes to increase lot count in a subdivision. This change is intended to facilitate subdivision design that accounts for long -term development and land use objectives that may not meet the strict application of a variance analysis, but nonetheless make sense for the specific situation in question. Apart from findings as mentioned in the text, the standard cul -de -sac length would remain at 500 feet. Summary and Recommendation Staff recommends approval of the amendment as presented. The existing language focuses only on natural resource preservation, but there may be other circumstances that would support longer cul -de -sac length in appropriate locations. pc: Kathy Glanzer Steve Westerhaus Lee Elfering 3 MINUTES PLANNING COMMISSION JUNE 13, 2013 Knudsen recommended approval of the Amendment to the Zoning Code relative to Comprehensive Sign Plans as proposed by the City Planner in his report dated June 7, 2013. Motion seconded by Maleitzke. Motion carried 7 — 0. CUL -DE -SAC The City Planner reported that the City has had some discussion relative LENGTH to maximum length of cul -de -sacs over the last several years. Initially there was a 500 foot limitation on the length of a cul -de -sac. In considering the remaining land left to develop in the City, the Council had enacted a provision that allowed the Council to approve a longer cul -de- sac length, without need for a variance, where additional natural resources would be preserved without negatively impacting public safety. The Planner reported that the concern is that this language is overly limiting. Therefore, City staff is proposing an amendment which states "The City reserves the right to require, without the need for a variance, longer cul- de -sac length where additional natural resources. public utilities, or other objectives of the City's Comprehensive Plan and land use objectives, as determined by the City Council, will be preserved or accomplished without negatively impacting public safety. The Planner pointed out that it is at the Planning Commission's and Council's discretion whether or not a longer cul -de -sac is approved. Knudsen noted that this language retains the 500 foot maximum cul -de -sac length as the City's standard. The Planner replied that that is correct, but the new language expands the City's discretionary authority and allows the City to approve a longer cut-de -sac where it believes warranted. The Planner noted that a longer cul -de -sac length cannot be requested by a developer solely to increase lot count. Murphy recommended approval of the Amendment to the Zoning Code relative to cul -de -sac length as recommended by the City Planner in his June 7, 2013 report. Motion seconded by Schwalbach. Motion carried 7 — 0. DEFINITION The City Planner requested that the Commission table action on the OF FAMILY proposed Amendment to the definition of family at this time. He indicated that he needs to discuss this amendment with the City Attorney prior to presentation to the Commission. - 5 - 4 G�t�le uanada MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766-4029 / FAX: (651) 766-4048 ADMINISTRATOR www.ci.little- canada.mn.us Joel R. Hanson CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING ZONING CODE AMENDMENTS PROPOSAL: The City of Little Canada is proposing the following: Amendment to the Zoning Code relative to Comprehensive Sign Plans; Amendment to the Zoning Code relative to cul- de-sac length; Amendment to the Zoning Code relative to single - family accessory uses and the definition of family;' PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at its regular meeting scheduled for Thursday, June 13, 2013. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, June 26, 2013 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, June 13, 2013 and the City Council meeting on Wednesday, June 26, 2013. Sign language interpreters for hearing - impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. 1 Joel R. Hanson City Administrator MINUTES PLANNING COMMISSION JUNE 13, 2013 Knudsen recommended approval of the Amendment to the Zoning Code relative to Comprehensive Sign Plans as proposed by the City Planner in his report dated June 7, 2013. Motion seconded by Maleitzke. Motion carried 7 — 0. CUL- DE-SAC The City Planner reported that the City has had some discussion relative LENGTH to maximum length of cul-de -sacs over the last several years. Initially there was a 500 foot limitation on the length of a cul-de-sac. In considering the remaining land Left to develop in the City, the Council had enacted a provision that allowed the Council to approve a longer cul -de- sac length, without need for a variance, where additional natural resources would be preserved without negatively impacting public safety. The Planner reported that the concern is that this language is overly limiting. Therefore, City staff is proposing an amendment which states "The City reserves the right to require, without the need for a variance, longer cul- de-sac length where additional natural resources, pltblic utilities or oLr objectives of the City's Comprehensive Plan and land use objectives. as determined by the City Council, will be preserved or accomplished without negatively impacting public safety. The Planner pointed out that it is at the Planning Commission's and Council's discretion whether or not a longer cul-de-sac is approved. Knudsen noted that this language retains the 500 foot maximum cul-de-sac length as the City's standard. The Planner replied that that is correct, but the new language expands the City's discretionary authority and allows the City to approve a longer cul-de -sac where it believes warranted. The Planner noted that a longer cul-de -sac length cannot be requested by a developer solely to increase lot count. Murphy recommended approval of the Amendment to the Zoning Code relative to cul-de -sac length as recommended by the City Planner in his June 7,2013 report. Motion seconded by Schwalbach. Motion carried 7 — 0. DEFINITION The City Planner requested that the Commission table action on the OF FAMILY proposed Amendment to the definition of family at this time. He indicated that he needs to discuss this amendment with the City Attorney prior to 1011010••••••■•WIlammUNIIIIIII presentation to the Commission. - 5 - 2 MINUTES PLANNING COMMISSION JUNE 13, 2013 Knudsen recommended tabling the proposed Amendment to the Zoning Code relative to Single - Family Accessory Uses and the Definition of Family pending a report from the City Planner. Motion seconded by Fischer. Motion carried 7 — 0. SALE OF The City Planner reported that the City had purchased the property at 3046 3046 Lal3ore Road for the purpose of redevelopment as well as the LABORE City's need to obtain a trail easement over the back portion of this ROAD property. The City has been unsuccessful in assembling adjacent parcels for a redevelopment project, and would like to sell this parcel after it takes the necessary trail easement. The sale would occur through a sealed bid process with a minimum price established. Knudsen asked if the City has a process where it reviews its land holdings and evaluates whether or not these holdings are still vital to its purposes. The City Planner suggested that this type of review may occur as part of the City's goal setting as well as on a more informal basis. Knudsen recommended approval of the City's sale of 3046 Labore Road as proposed. ADJOURN Motion seconded by Murphy. Motion carried 7 — 0. Duray recommended that the meeting be adjourned. Motion seconded by Baraclough. Motion carried 7 — 0. e There being no further business, the meeting was adjourned at 8:11 p.m. Respectfully submitted, Kathy Glanzer City Clerk - 6 - 3 LITTLE CANADA PARKS AND RECREATION DEPARTMENT 515 Little Canada Road, Little Canada, MN 55117 -1600 Telephone: (651) 766 -4029 / Fax: (651) 766 -4048 www.ci.little-canada.mn.us TO: FROM: DATE: RE: JIM MORELAN, Director (651) 766 -4045 DON BOWMAN, Recreation Supervisor (651) 766-4041 KATIE McGINNITY, Recreation Supervisor (651) 766 -4042 DEREK ANDERSON, Park Maintenance Supervisor (651) 766 -4056 MEMORANDUM Mayor Blesener and Members of the City Council Jim Morelan, Parks & Recreation Director June 19, 2013 Warming House Project Attached are building plans for the new warming house at the Fire Barns /Skate Park. The new building will be approximately 300 square feet larger than the existing building to accommodate the addition of restroom facilities. Building placement will be in the same general location as the existing structure, except the new building is 12 feet longer extending that distance to the south. General construction will be concrete block walls and metal roofing, similar to the existing building. Staff is requesting that the Council authorize advertisement for bids for this project. The building architect and I will be present at Wednesday's meeting to answer any questions. 1 FIRE BARNS WARMING HOUSE LITTLE CANADA , MINNESOTA ESTIMATE OF CONSTRUCTION COSTS RVK ARCHITECTS JUNE 20, 2013 General Conditions $ 3,200.00 Excavations & Derno 10.600.00 Site Restorations 0.00 Irrigation 0.00 Landscaping 0.00 Concrete 8,800.00 Masonry 38,200.00 Building Materials 9,200.00 Carpentry Labor 5,600.00 Metal Roofing, Soffit and Fascia 16,100.00 Siding 3,000.00 Insulation 2,550.00 Caulking 1,000.00 Hollow Metal Doors 9,600 00 Remote Locking 7,200.00 Garage door 1,700.00 Aluminum Windows 3,850.00 Metal Mesh 1,050.00 Rubber Flooring 6,600.00 Painting 2,200.00 Toilet Accessories 500.00 Furnishings 2,700.00 Plumbing 18,000.00 Heating 7,000.00 Electrical 5,500.00 TOTAL ABOVE $ 166,150.00 Contingency (4 %) 6,600.00 PROJECT TOTAL S 172,750.00 woo'slooINwewu wwm)P tZ00-9Ci 11S9) CZOVS NISNOOSIM'S1tl3908 3A1 lIO NOOY9 mow. 91.9 0 NW 'VNVNVO 31SSI1 3S11OH ONIW?IVM - VOVNYO nun 'NOW LAW AO WINO Et-PG-S0 oNIH30N321 9tl21f11331IH021V 03SOdOHd 0 U w 3 w J 3 ~D� —_/ _��n��p« �NOmw�ms���e , _ �.___�,__. . § ( ! \/j §i :11. \§)J>dj \\ § §;\ 0 | 53 \> / /D ® - (I ® °9! o Z2 , \,,a!;!!#eA % ! 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CD lh in q:i y o 49 1 r m 8 1 e / Im0 / L 5 0103 0011,1aWSWW02V,ZOlf lt991 CZO/S NISNOOSIM'Slt3390i1 3A80 X00118 1A09L 919 SJ-03.1.1H3litf NIM 'vottuva nun VOVNVO 311111 3SIION ONIINHVM SNHVEI 32114 onywaa.vi Iwo AO WAVE EPOL-90 try 31VC 133HS NVld 1VNOISN3INIO MOONIM /134411 i0011 /-- 0 `15W-147,7:1-17tssa.:7-FETAs7s7 2 E ‘Gt>“ eS) ji O .frt StsICX COO1I CD<C 0111 V911,90 1,1110,.% 1 i Prairagig m .1.7171.'‘"RSIritit 7 CI 7 3 3 09 6 I gum a >psv kyaawm.¢9yst[ItSa) t U0 9 NISNOOSIM'S1tl390N ?Am:O)100N91WB19t5 91f311HDaV NN tVOVNVO 311111 VGVNVO 311111 3snoH 9NIINHVM sNana 32113 alvnoa,w ;WO AB NNV110 0.ot.00 S -Y 31V(, 133NS SNOIIVA313 1101U31X3 E rt 1 / II II II II II 0 0 F- W 7 G�t� le uanada MAYOR 13111 B1esener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 ADMINISTRATOR www.ci.little- canada.mn.us Joel R. Hanson MEMORANDUM TO: Mayor Blesener and Members of the City Council FROM: Kathy Glanzer, City Clerk DATE: June 20, 2013 RE: Increase in Certain Electrical Permit Fees The City's Electrical Inspector has requested that certain electrical permit fees be increased in accordance with the State Electrical fees. The City has historically followed the State Fee Schedule. These increases are as follows: Current Proposed 0 — 30 amp Circuits and Feeders $7 $8 Minimum Fee — one inspection $27 $35 Minimum Fee — rough -in inspection $54 $70 Apartment Buildings — Max. per unit $60 $70 Swimming Pools $27 $35 per inspection Traffic Signals $4 $7 per standard Street Lighting $3 $4 per standard Retro Fit Lighting $.40 $.65 per fixture Sign Transformer $7 $8 first 500 VA Remote Control /Signal Circuits $10 /10 openings $.75 per device Reinspection $27 $35 State Surcharge $.50 $5 Staff recommends amendment of the City's Fee Schedule as requested by the Electrical Inspector. CITY OF LITTLE CANADA ORDINANCE NO. AN ORDINANCE AMENDING THE FEE /RATE SCHEDULE FOR THE CITY OD LITTLE CANADA RELATIVE TO ELECTRICAL PERMIT FEES The City Council of the City of Little Canada hereby ordains: Section 1. The City of Little Canada Municipal Code is hereby amended to update the City's Fee Schedule increasing certain Electrical Permit Fees as attached hereto in Exhibit A. Section 2. This Ordinance shall take effect and be in full force from and after its passage and publication. William Blesener, Mayor ATTEST: Joel R. Hanson, City Administrator AYES: NAYS: Adopted this 26" day of June, 2013. EXHIBIT A FEE SCHEDULE AMENDMENT ELECTRICAL PERMIT FEES 0 — 30 AMP Circuits and Feeders $8 Minimum Fee: Apartment Buildings: Minimum permit fee is $35 plus $5.00 State Surcharge. This is for one inspection only. Minimum fee for rough -in inspection and final is $70 plus $5.00 State Surcharge. Maximum fee per unit of an apartment or condominium complex is $70. $S.00 State Surcharge. Swimming Pools: $35. Per inspection + circuits Traffic Signals: $7 per each standard Street Lighting: $4 per each standard Retro Fit Lighting: $.65 per fixture Sign Transformer: $8 first 500 Remote Control /Signal Circuits: $.75 per device Re- Inspection Fee: $35 G�t�tle uanada MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 ADMINISTRATOR www.ci.little- canada.mn.us Joel R. Hanson MEMORANDUM TO: Mayor Blesener & Members of City Council FROM: Bill Dircks, Public. Works Superintendent DATE: June 20, 2013 RE: 2013 Seal Coating Quotes for the 2013 seal coating project are due on Wednesday, June 26. Staff expects to get two quotes, one from Allied Blacktop and one from Pearson Brothers. Staff will have a recommendation for award at the meeting on Wednesday. The list of streets programmed for this year are included with this memo. There are 37,000 square yards scheduled to be completed. Last year we awarded the contract to Allied Blacktop at $1.27 per square yard. Staff expects a similar price this year. 2013 Seal Coating Program Street From - To Square Yards Proposed Date to Seal Coat Year Originally Paved Year Seal Coated Last Pioneer Park West Lot Off of Centerville 5777 2013 2020 1994 City Hall Lot 2111 2013 2007 County Road B2 Edgerton to Arcade 6800 2013 2019 2006 McMenemy Road Little Canada Rd to Vking Drive 10888 2013 2019 2006 Minnesota Avenue Rice Street East to end 3334 2013 2019 2006 Viking Drive East McMenemy Road to Edgerton 8742 2013 2019 2006 Total Square Yardage: 37,652 MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 ADMINISTRATOR www.ci.little- canada.mn.us Joel R. Hanson MEMORANDUM TO: Mayor Biesener and Members of the City Council FROM: Kathy Glanzer, City Clerk DATE: June 21, 2013 RE: Application to Conduct Off -Site Gambling — Canadian Days The Canadian Days Committee has submitted an Application to Conduct Off -Site Gambling at Spooner Park as part of the 2013 Canadian Days Celebration to be held August 2 -4, 2013. The Committee will be selling pull -tabs and conducting bingo as part of this event. Application materials are in order, and City staff recommends approval as requested. M.INNI SO'PA (.,AWFUL GAVII3LING LG230 Application to Conduct Off-site Gambling 12./1.2 Page 1 of 2 No Fee Organization Organization Address county Gambling Information name Little Canada Canadian Days, Inc. License number 04219 515 Little Canada Road Oty Little Canada r�N zip code 55117 _ Ramsey manager name Dotty Norgard Daytime phone (651) 587 -6864 Gambling Activity 1. 2. Four off -site events are allowed each calendar year. Dates for each event, not to exceed 3 days. IMF-_. ii:, i,uI: =) Check the gambling activity that will be conducted. X -tabs X bingo __,raffle _pull ___tipboards __._paddlewheel Gambling Premises 3. 4. S. 6. ..._.._. Name of location where gambling activity will he conducted Spooner Park, er Road, urrle Canada County [where gambling activity will be conducted Ramsey Eli R ittle Coach Street address and city [or township) Spooner Park, Eli Road, Little Canada p 55117 Zi code - -----, .. __. ...._ _.... _..__. . Do not use a post office box. e If no street address, write in road designations. Example: 3 miles east of Hwy 63 on County Road 42. cars your organization own the gambling premises? ✓�._ Yes If yes, a lease is not required. No U no, the lease agreement below must be completed, and signed by the lessor. Lease Agreement for Off -site Activity A lease agreement is not required for raffles. 7. S. 9. Rent to be paid for the leased area $0.00 If none, write "0." All obligations and agreements between the organization and the lessor are listed below or attached, Any attachments must be dated and signed by both the lessor and lessee, • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. c Other terms, if any . essor's signature Date , Print: lessor's name CONTINUE TO PAGE 2 LG230 Application to Conduct Off -site Gambling Local Unit of Government Resolution of Approval 12/12 Page 2 of 2 CITY APPROVAL for a gambling premises COUNTY APPROVAL for a gambling premises located within city limits. located in a township City name Date approved by city council Resolution number Signature of city personnel Title County name Date approved by county hoard Resolution number Signature of city personnel Date Signed Title Date Signed _..... Chief Executive Officer [CEO] Acknowledgment 10. The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a I_G200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. 11. I have read this application, and all information is true, accurate, and complete, and if applicable, agree to the lease terms as state this app ication. CEO signature 12. Print CEO name Randi Hemquist Date Daytime phone Mail or fax to: No attachments required. Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 FAX: 651- 639 -4032 This publication will he made available in alternative format (t.e. large print, Braille) upon request. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to he involved in lawful gambling activities In Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address will he public information when received by the Board, All other information provided will be private data about your organization until the Board issues the permit, When the Board issues the permit, all information provided will become public. if the Board does not issue a permit, all information provided remains private, with the exception or your organlzation's name and address which will remain public, Private data about your organization are available to; Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Manage- ment & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. -1L.fINC ASSOCIATES Memo TO: Honorable Mayor and City Council Members FROM: Lee Elfering, City Engineer DATE: June 21, 2013 RE: Little Canada Road Improvement Project WHAM As directed by the City Council at their April 24th meeting, we are currently obtaining bids for the above referenced project. The Improvement Project consists of: • Improvement of the pedestrian ramps at the Interstate 35E on and off ramps to meet ADA standards. • Mill and Overlay of the curbed section of Little Canada Road from the Interstate Bridge to approximately the east end of the existing concrete curb and gutter. • Full depth reclamation of the remainder of the street to Edgerton Street. In this section concrete curb and gutter will be added and the main traffic lanes will be moved to the north to provide room for the construction of a concrete sidewalk on the south side of the street. Storm sewer improvements will be added to serve the new curb and gutter section. • Right turn lanes will be added on Little Canada Road at McMenemy Street and Edgerton Street, Right turn lanes will also be added on Edgerton Street. • A parking lane will be constructed on the north side of Little Canada Road from approximately the Union building entrance to the west entrance of the parking lot adjacent to Global Volunteers. Bids are to be received by 10:00 a.m., June 261h, 2013 and we will provide an update to the council agenda packet for that nights meeting. The addition to the agenda will provide a summary of the bids received and general thoughts as to the competitiveness of the bids. If the bids are within the expected range we will likely have a recommendation for award which would be contingent on approval of the award by Ramsey County and approval of a final cost sharing agreement between the City and County. If you have any questions please call me at (763) 780 -0450 extension 3. 10062 Flanders Court NE — Blaine, MN 55449 — Ph: (763) 780 -0450 Fax (763) 780 -0452 Meino - 062113 -CC (Pre - award) ZLfl411c s .assoa -arcs Memo TO: Honorable Mayor & City Council Members FROM: Lee Elfering, City Engineer DATE: June 21, 2013 RE: No Parking Resolution - Little Canada Road As explained in our original memo to the City Council the "No Parking" resolution for Little Canada Road is required by Mn /DOT State Aid to receive state aid funding approval. In the resolution we outlined two areas by project street stationing where parking would be allowed. As some or most of you may not be aware of the location of these areas based on stationing a further explanation of the locations is as follows. The largest area of parking will be the north side of the roadway from Station 310 +20 to 315 +75. This area begins just west of the union building driveway located across the street from the skate park and goes to approximately 40 feet west of the westerly most driveway of the parking lot next to the Global Volunteers building. The second area is on the south side of the roadway from 309 +70 to 310+0. This location is the current bump out in front of the church offices and parking will approximately match the existing area. The largest impact of the no parking resolution will be the street parking available for Church services and functions. City staff has met with representatives from St. Johns Church several times throughout the design process to keep them apprised of the proposed design and to gather their input on the improvements relative to the on street parking, the intersection of McMenemy Street and Little Canada Road, the area in front of the cemetery, and the sidewalk. While the street parking area will be more limited than the shoulder areas that are currently utilized, the Church agrees that the other benefits of the project outweigh the decrease in street parking. If you have any questions concerning this information, please call me at (763) 780 -0450. 10062 Flanders Court NE - Blaine, MN 55449 - Ph: (763) 780 -0450 Fax (763) 780 -0452 Memo - 062113 -CC (No Parking Resolution) L��RING Th O(IflT.0 M t HMI Memo TO: Honorable Mayor & City Council Members FROM: Lee Elfering, City Engineer DATE: June 19, 2013 RE: No Parking Resolution — Little Canada Road As the Council is aware the City is working jointly with Ramsey County on the improvement of Little Canada Road from Interstate I -35E to Edgerton Street. While the street is not on the City's Municipal State Aid system it is a County Road and therefore several of the City costs are eligible for Municipal State Aid reimbursement if state aid design standards are met. One such standard is to have a "No Parking" resolution passed outlining where parking is permitted and where parking will not be allowed. The attached resolution establishes that no parking will be allowed on Little Canada Road from the Interstate to Edgerton Street except on the north side of the roadway from Station 310 +20 to 315 +75 and on the south side of the roadway from 309 +70 to 310 +40 where parking lanes meeting state aid standards are provided. We would ask that the City Council pass the attached "No Parking" resolution for Little Canada Road, thereby allowing reimbursement of eligible City state aid costs on the project through the City's state aid fund. If you have any questions concerning this information, please call me at (763) 780 -0450. 10062 Randers Court NE - Blaine, MN 55449 - Ph: (763) 780 -0450 Fax (763) 780 -0452 Mcmo- 081930 -CC (No Parking Resolution) RESOLUTION 2013- 6 - 107 A RESOLUTION FOR THE CITY OF LITTLE CANADA A RESOLUTION ESTABLISHING NO PARKING ON LITTLE CANADA ROAD WHEREAS the City and Ramsey County have jointly planned the improvement of Little Canada Road, County State Aid Route Number 621, from Interstate I -35E to Edgerton Street in the City of Little Canada, Minnesota; and WHEREAS the City will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS this improvement only provides for a parking lane on the north side of the roadway from Station 310 +20 to 315 +75 and on the south side of the roadway from 309 +70 to 310 +40. The remainder of the improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Little Canada, Minnesota, that the City shall ban parking of motor vehicles on County Road B2 from Rice Street to Viking Drive at all times with the exception of the north parking lane of the roadway from Station 310 +20 to 315 +75 and the south parking lane from 309 +70 to 315 +75. Passed and adopted this 20th day of June 2013. WilliarY Bleserer, Mayor ATTEST: nson, City Administrator Res - 062013 -No parking LC Road 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 w ww.ci.1 ittle- canada.inn. us MEMORANDUM TO: Mayor Blesener & Members of City Council FROM: Bill Dircks, Public Works Superintendent DATE: June 17, 2013 RE: Water Ordinance Revision MAYOR Bill Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss ADMINISTRATOR Joel R. Hanson There are twelve properties in Little Canada that have not responded to numerous attempts to replace or upgrade their water meters to the new fixed - network technology. Staff has considered obtaining administrative warrants in order to perform the work, but the City Attorney has offered another potential solution. The City of Shoreview's water ordinance includes a provision for property owners who deny access to authorized City employees. They can have a licensed plumber perform the work at the property owner's expense. The plumber must submit documentation to the City proving that the work has been completed to the City's standards. The additional option of a plumber performing the work allows the City to add a quarterly surcharge to accounts that do not make the necessary meter upgrades. Staff is recommending that the surcharge equal the reading fee we charge residents who opted out of the fixed - network program, which is currently $12 per quarter. The revised ordinance is attached. Staff will send one final letter to the twelve remaining residents explaining the ordinance and their options. Those meters that have not been upgraded by the end of the third quarter will start receiving a $12 surcharge on their quarterly utility bills. Staff recommends approving the water ordinance revisions and the $12 quarterly surcharge. 1 account shall send a written request to the City. Upon receiving the written request, the City, at their sole discretion, may terminate the water service following the same procedures as above. WATER METERS AND HYDRANTS 1601.400. WATER METERS. Except for extinguishment of fires, no person, except authorized City employees, shall use water from the water system or permit water to be drawn therefrom, unless the same be metered by passing through a meter supplied or approved by the City. No person not authorized by the Public Works Director shall connect, disconnect, take apart, or in any manner change, or cause to be changed, or interfere with any such meter or the action thereof. (1) A service charge for installation in an amount established by City Council resolution to be made by customers for water meters and payment for the same shall be made in advance of installations. (2) Where a customer has need for a larger line in addition to his domestic line, as in the case of a commercial consumer who needs a one -inch line for normal use and a six or eight inch line for fire sprinkler system, he will be permitted to run one line into the property and Y off into two lines prior to entering the building. The small or domestic line will have a curb stop and box shortly after the Y with easy access by City Personnel. When this is done, a meter will be attached to the small or domestic line and a check valve as well as a 5/8- inch detection meter shall be put on the large line. (3) The City shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them, if necessary. However, where replacement, repair or adjustment of any meter is rendered necessary by the act, neglect, including damage from hot water backup, or carelessness of the owner or occupant of the premises, any expense caused the City thereby shall be charged against and collected from the water consumer. (4) A consumer may, by written request, have his meter tested, by depositing the amount established by City Council resolution with the Administrator. In case a test should show an error of over five (5 %) percent of the water consumed, the deposit will be refunded to the consumer, a correctly registering meter will be installed, and the bill will he adjusted accordingly if the meter erred in favor of the City. Such adjustment shall not extend back more than one (I) billing period from the date of the written request. (5) All water meters shall be and remain the property of the City. (6) Authorized City employees shall have free access at reasonable hours of the day to all parts of every building and premises connected with the water system for reading, inspection, repair, or replacement of meters. In the event the water consumer denies authorized 1601 -1 2 City employees access, the water consumer will, at their own cost, provide for meter replacement or maintenance by a licensed plumber, and said licensed plumber shall be required to provide documentation to the City as to validity of work performed. (7) All 'A" and 1" water meters shall be installed by the City. 5/8" tire detection meter installation shall be the responsibility of the property owner or contractor. (8) All meters must be located so as to afford accessibility to the Public Works Department to perform tasks as identified in 1601.400.6. (9) Water meters must be installed on all holding tank systems. 1601.405. NON - COMLIANCE SURCHARGE. A quarterly surcharge, as determined by Ordinance, shall be added to the utility billing statement for a property where: (1) An inspection has not been allowed or certification provided within 30 days after notice by the City. (2) The necessary installations, inspections, and /or repairs have not been made within the time specified. A surcharge will be added for every quarter during which the property is not in compliance, whether the non - compliance has been for the entire quarter or a portion thereof. 1601.410. WATER METER SETTING. All water meters hereafter installed shall be in accordance with the following rules: (1) The service pipe from the water main to the meter, when the same enters the building, shall be brought through the floor or bottom course of concrete block of foundation. (2) The meter shall be located so that the bottom is from 12 inches to 24 inches above the finished floor line. Any deviation from the above installation heights shall be approved in advance by the Public Works Department. (3) All meter installations shall have a stop and waste ball valve on the street side of the meter. In no case shall there be more than 12 inches of pipe exposed between the point of entrance through the basement floor and the stop and waste valve. A stop and waste ball valve shall also be installed on the house side of the meter. All fittings and pipe to be red brass, or bronze. Ball valves shall be brass 125 pounds standard. 1601 -2 3