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HomeMy WebLinkAbout04-24-2002 Council MinutesMINUTES OP THE REGULAR MEETING CITY COUNCIL LITTLE CANADA, D'fINNESOTA Pursuant to due call and notice thereof a regular meeting of the City Council of Little Canada, Minnesota was held on the 24th day of April, 2002 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. APRIL 24, 2002 Mayor Michael L Fahey called the meeting to order at 7:30 p. m. and the following members of the City Council were present at roll call: CITY COUNCIL: Mayor Council Member Council Member Council Member Cowicil Member Mr. Michael I. Fahey Ms. Beverly Scalze Mr. Jim LaValle Mr. Matt Anderson Mr. Rick Montour ALSO PRESENT City Administrator City Attorney City Planner Public Works Dir. Parks & Rec Dir. Cable TV Producer Deputy Clerk Mr. Joel R. Hanso^ Mr. Tom Sweeney Mr. Steve Grittman Mr. Greg Schroeder Mr. Jim Morelan Mr. Jeremy Brodin Ms. l<athy Glanzer MINUTES Mrs. Scalze introduced the following resolution and moved its adoption: RESOI_ UTION NO. 2002-4-85 - APPRO DING THF. MIND%BS OF THE MARCH 13, 2002 WORKSHOP C"OUNC/I. MEETING, THE APR,77. I0, 2002 WORKSHOP COUNCIL. MEETING, AND THE ~IPR/I. /0, 2002 REGU/.AR C'OUNC'/L O~EL'%'/NGA.S".SU13M/'1'TEU The foregoing resolution was duly seconded by Montour. Ayes (5) LaValle, Montour, Scalze, Fahey, Anderson. Nays (0). Resolution declared adopted. ARBOR Mayor Fahey proclaimed Friday, April 26, 2002 as Arbor Day in the City DAY of Little Canada, and informed the general public that the City would be PROCLAMATION hosting an Arbor Day Celebration on April 26'x' at 1 p.m. at the lower shelter in Spooner Park. n1INUT>/s CITY COUNCIL APRIL 24, 2002 CA[3LE TV Council Member Montour reported that the City's Cable TV Producer AWARDS was recently awarded City Producer of the Year by CTV Channel 15. The Little Canada I Iistorical Society's video was awarded a Showcase Programming Award. PUD P1JRM,IT Mayor Fahey opened the Public Hearing to consider a Planned Unit ~ Development Permit and Architectural Review for the development of ARCFIITECTURAl,nrne townof£ces at 2990 Rice Street as proposed by Dan and Pete Tacheny. RLVII;W - It was noted that both the City Planner and the Planning Commission have 2990 RICJJ STR. - recommended approval subject to some conditions. TACH_ENY Scalze asked for clarification on the issue of an easement for a sidewalk along Rice Street. The City Planner reported that the applicant has agreed to provide au easement for a sidewalk along Rice Street- The Planner pointed out that there is adequate right-of-way along South Owasso Blvd. for a sidewalk. Anderson pointed out that there is a 10-foot setback proposed along Rice Street, and questioned the ability to fit a sidewalk into that area. The City Planner agreed Chat the area between the edge of the roadway and the proposed buildings would be narrow, but felt there was room fora 5 to 6 foot wide sidewalk. 'T'here will be a limited area for landscaping. Jim Trossen, architect representing the Tacheny's, reviewed the landscape plan and noted that there was a total of 180 landscaping plants/trees proposed for the site. It was noted that actual plant materials may be modified to provide for salt-tolerant plantings along the edge of the roadways. Montour asked about signage. Trossen indicated that a brick and stucco monument sign was proposed for the corner of Rice Street and South Owasso Slvd. However, the specific design of the sign has not yet been determined. Trossen reviewed the site plan and noted that the 68 parking stalls proposed meet ordinance requirements. He also noted that the parking IoC would be lit, and location of those lights will be determined by their engineer. Anderson asked the standard setback for an office development. The City Planner noted that the minimwn setback from the right-of--way in the B-3 District is 30 feet. However, this property is zoned PUD. Fahey noted that the decreased setback results in more intense development on the site- The Planner also noted that while the building setback in the B-3 District is 30 feet, parking can be 5 feet from the property line. As part of this development review, parking areas were originally oriented toward the street. The City asked that fhe buildings be oriented toward the street making the buildings more of an emphasis along the street. 2 MINUTES CITY COUNCIL APRIL 24, 2002 CONDYI7ONAl., U SE P ERMI'I' - 3020 RICK S"I'REE'C - JOE DUNN Mile Trossen reviewed the building fapade and construction materials, noting that there will be two colors of stucco used on the building, some brick, as well as metal siding and awnings. There was ^o one present from the general public wishing to comment on this matter. Upon motion by LaValle, seconded by Scalze, the public hearing was closed. Mr. LaValle introduced the following resolution and moved its adoption: RIi.SOLUTION NO. 2002-4-N6 -APPROVING TIIE PLANNED UNIT DL'VEI OPMENT PERMIT AND ARCHITECI'URAI. REVIEW FOR THE DF_ VELOPMEN%' OF N/NE TOWNOf'F/CE UN77:S AT 2990 RICE STREET AS' REQUESTED BY DAN AND PETE TACHF,NY SUB.IECT TO COMPI,/ANCE WITH THE RECOMMENUATION,S OF THE CITY PLANNER, C'/TY ENGINEER, AND BUILD/NG /N.SPECT'OR, AND .SUI3.IECI' %'O THE UEDIC`ATION OF A SH)EWAI_K EA.S'EMENT ALONG R/CE STREET "the foregoing resolution Ayes (5) LaValle, Scalze, Nays (0). Resolution declared adopted. Fahey opened the public hearing to consider request for a Conditional Use Permit to allow construction of a storm shelter building at Thirty Twenty Estates manufactured home park as requested by Joe Dunn. It was noted that the City Planner and Planning Commission have recommended approval. There was no one present from the general public wishing to comment on this matter. Upon motion by Fahey, seconded by LaValle, the public hearing was closed. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-4-R7 - APPROV/NG THE COND/TIONAL USE TO ALLOW CONSTRUCTION OF A STORM SHELTER AT TIIIRTY TWENTY ESTATES MANUFACTURED HOME PARK SUBJECT TO C'OMPI,/ANC'E WI'I'II THE REC'OMMENDATION.S OF THE CITY PLANNER AND THE PLANN/NG COMM/S.S/ON was duly seconded by Scalze. Montour, Anderson, Fahey. MIN [JTES CITY COUNCIL APRIL 24, 2002 The foregoing resolution was duly seconded by Anderson. Ayes (5) Scalze, Anderson, Montour, Fahey, LaValle. Nays (0). Resolution declared adopted. CUP POR Fahey opened the public hearing to consider the applications for Conditional OUTD0012 Use Permit allowing outdoor storage of vehicles and equipment associated STORAGE & with telecommunications outside plant construction work and a Variance VARIANCE allowing the surfacing of outdoor storage area with class 5 of grave[ rather PROM than bituminous at 3250 Spruce Street as requested by Orius Corporation. SURFACING It was noted that both the City Planner and the Plamiing Commission have RGQUIR.EMENTS -recommmended in favor of the Conditional Use Permit subject to conditions, 3250 SPRUCE but have recommended against the Variance as there is no hardship present S"I'REET - to warrant granting the variance. ORIl1S Jetl'Antonuk, Orius Corporation, appeared before the Council and reported that Orius is withdrawing their request for the Variance and will comply with the recommendations of the City Planner, City Engineer, and the Planning Commission. Scalze pointed out that the outdoor storage as proposed would be visible from Spruce Street and Country Drive. Scalze questioned why the City would want outdoor storage that is highly visible. Antonuk pointed out that the way the building is placed on the property the only area where outdoor storage can be placed is on the west side of the building. Scalze noted that the outdoor storage will face I3lacktern Pond. There has never been outdoor storage in this area, only open, green space. Fahey asked if there was any prohibition on outdoor storage in the front of a building. This City Planner indicated that the only prohibition is that the outdoor storage not occur in the required setback. 1-Ie also noted that technically the front yard for this property abuts Country Drive. The Planner noted that the storage area storage will have to be screened, Scalze asked if the screening proposed was adequate. Scalze felt that the outdoor storage will change the dynamics of the area and noted that the City has discussed a future walking path around Blacktern Pond. Antonuk noted that the outdoor storage area will be teoced with achain-link fence. Screening will consist of berming and landscaping. 4 MiNUTrs CITY CODNCIL APR1L 24, 2002 LaValle indicated that some of the outdoor storage could be offensive from Spruce Street. He suggested that wood fencing be used to screen the storage area from Spruce with chain-link allowed on the south- A representative or Orius noted that they will be digging out approximately l2 inches of material from the outdoor storage yard and will then blacktop this area. The excess material that is dug from the site will be used to create a berm to help screen the outdoor storage. Antonuk noted that there is already a ^atural rise iu this area, and the excess material will be used to provide additional berming. It was also pointed out that landscaping will consist of l0 to 12 foot trees, heavy shrubbery as well as spruce trees. Scalze asked if the size of the outdoor storage area met ordinance limitations. The City Planner replied that it did. Scalze asked where Orius would store excess equipment that would not fit into this storage area. Antonuk reported that Orius would comply fully with City Code requirements and would not become an enforcement problem for the City. Scalze pointed out Chat Che situation where Orius is storing equipment on the Frattalone property on Spruce Street is a violation of the City's Code. Antonuk reported that they are renting storage space from Frank Frattalone as an interim location while Orius is pursuing this permit. Scalze again pointed out that this is an illegal outdoor storage activity. Antonuk reported that if Orius requires additional storage other than as allowed at 3250 Spruce Street, they will pursue other properties. Antonuk stated that Orius will not participate in any illegal activities. There was no one else from the general public present wishing to comment on this matter. Upon motion by LaValle, seconded by Fahey, the public hearing was closed Montour pointed out that there is outdoor storage occun'ing in the area designated for employee parking- The City Administrator noted that outdoor storage issues have been a big enforcement problem for the City. Antonuk again stated that it is not Orius' intent to become an enforcement problem for the City and the company will billy comply with ordinance requirements. Mr. LaValle introduced the following resolution and moved its adoption 5 MINUTES CITY COUNCIL, APRIL, 24, 2002 RESOI_ UTION NO 2002-4-88 -APPROVING THti CONDITIONAL USE PERMIT ALLOWING OUTDOOR STORAGE OF VEAICI,ES AND EQUIPMENT ASS'OC'IATED WIT H TE]_ECOMMUNICATIONS OUTSIDE PLANT CON.STRUCTIONAT 3250.SPRUCE STREET A.S REQUESTED BY OLUUS CORPORAT/ON SU73JEC'T TO COMPLIANCE WITH THE RECOMD4ENDATION.S OF THE CIT 3' PI ANNER, CITY ENGINEER, P/_ANNING COMMLSSION, AND AL 1, CITY CODE REQUIREMENTS, AS WELL AS.S'U13.IECT TO THE CITY PI ANNER'S REVIF. W AND APPROVAL. OF A RE VLS~ED /.AND.SC'APE PLAN The foregoing resolution was duly seconded by Pahey. Ayes (5) LaValle, Fahey, Montour, Scalze, Anderson. Nays (0). Resolution declared adopted. It was noted that there is no need to act on the Variance request given Orius Corporation's withdrawal of that request. CONDITIONAL. Fahey opened the public hearing to consider the application for Conditional USG PERMIT Use Permit PUD, Concept and Development Stage PUD to allow the PUD, CONCEPT construction of townoff ce/condominium units at Park Street and Rice Street AN,D as requested by Montanari homes. It was noted that the Planning Commission DEVELOPMENT recommended approval of the request It was also noted that the matter had STAGE PUD - been previously tabled by the City Council pending a recommendation from PARK/RICE the Watershed Dish~ict about the feasibility of providing access via Rice STREETS - Street rather than Park Street. MONTANARI HOMES The City Planner reviewed a revised site plan for the Montanari townoffce development that provides for access via Rice SU~eet. The Planner noted that the parking shown on the site plan is about 15 spaces short of meeting the City's parking requirements. Fahey suggested that if these additional spaces cannot be provided for, perhaps the density is too high. Mark Gossman, Montanari L[omes, indicated that the first floor space of some of the units will be used as conference rooms, kitchen and lounge space. Therefore, he felt that the required parking spaces could be reduced based on this usage. The City Planner indicated that in calculating required parking, consideration is given to the highest use of the property. "I'he Planner pointed out that as these businesses grow, it is typical that conference and lounge space is converted into office space. Therefore, Che required parking for this development would be 102 spaces and not the 87 shown on the site plan. Gossman pointed out that the difference is one space per unit- Fahey pointed out that the City cannot grant a variance from the parking requirements of the ordinance unless the applicant can show a hardship. MINUTES C1TY COUNCLI, APRLL 24, 2002 Gossman suggested that a hardship would be the length of time it is taking to get this development proposal processed as well as the money that had to be spent to move the access for the development from Park Street to Rice Street. Gossman pointed out that this is a challenging site to develop given the amount of wetland. Fahey noted that a hardship cannot be economic in nature, and felt the parking space issue was a design issue. Fahey felt that the developers had the right use and design for this property, however, the density might be too high. The City Planner noted that if adequate on-site parking is not provided, the resulting problem is There is no opportunity for overflow parking and no place for vehicles Co go. Scalze pointed out that building five was not shown on the previous site plan Ihat the Council reviewed, and asked if this was an appropriate location for this building. The City Planner felt it was as it provided an entry point into the project. The Planner suggested that having Chis use at the entry point was better than having an unrelated use on that portion of the property. The City Planner suggested that elimination of one townoffice unit and the addition of a few more paii<ing spaces will resolve the parking situation. Fahey agreed that the site plan should be revised and the density adjusted in order to meet the City's parking requirements. Anderson reported that he spoke with Mr. Anderson, property owner to the south, who expressed concern about the driveway location next to his property line- Gossman pointed out that the Zoning Code allows the driveway to be five feet from the property line. Gossman also noted that the driveway is located as shown to minimize the impact on the wetland. The Planner agreed that the Code allows the driveway to be five feet from the property line. He also noted that the Anderson property is zoned commercial. Gossman reported that he would be maintaining existing trees along the property line to the extent possible. If necessary, they will add to the landscaping in this area. Anderson asked about any impacts on the wetland. Gossman reported that i^ order to provide for access via Rice SU'eef, they will fill a portion of the wetland area and will be required to do a two for one mitigation. Gossman also indicated that the Watershed will require them to install plantings to enhance the mitigation ef~~'ort. 'T`here was some discussion about providing screening in the five foot area separating the access road and the Anderson property. The Planner indicated that it would be possible to do some landscaping in this area to provide 7 MINUTES CJ"PY COUNCIL A)'RI,L 24, 2002 screening. Gossman indicated that they would be willing to provide whatever landscaping the City would want. John Isaacson, adjacent property owner on Park Street, indicated that he would li]<e a fence along his shared property line with this development. lsaacson felt a fence would provide screening from headlights shining in bedroom windows and would prevent trespassing on his property. The City Plamier reported that the developer would be required to provide screening from this adjacent R-2 property. Gossman indicated that they would be agreeable to putting up a fence on this shared property line. Isaacson indicated that currently some of his tenants have been parking on the Montanari property. Ne noted that once the land is developed, he will likely have tenants parking on the street. lsaacson was concerned that the business owners would park on the street, thus displacing his tenants from parking on the sU'eet. Another residenC of the area suggested requiring a fence along the Park Street property line to keep the business tenants fi'om parking on Park Street and walking across the grass to their offices. Scalze pointed out that the Isaacson property should have adequate on-site parking for its tenants and suggested that perhaps Park Street should be posted as no parking. Scalze pointed out the grades of the street are such that with on-street parking occurring on a regular basis, the result could be a hazardous situation. Montour suggested that he would rather see the area monitored at this point. if on-street parking becomes a problem, then the City can post the street as no parking. Fahey noted that the City has a parking permit process in place to accommodate occasional on-street parking for parties or special occasions. Gossman noted that these townoffices will be occupied by professional people and he did not anticipate they would be parking on the street and cutting across the grass to get to their offices. Gossman agreed that given the grades on Park Street, if on-street parking becomes a problem, the street should be posted. The City Plamier indicated that the landscape plan as submitted will need to be modified. Anderson asked about signage. Gossman replied that they are planning for a monument sign at the Rice Street entrance, and will apply for the proper sign permits when their plans are finalized. 8 MINUTliS CI'T'Y COUNCIL APRIL 24, 2002 There was no one else from the general public present wishing Co comment on this matter. Upon motion by Fahey, seconded by LaValle, the public hearing was closed Mrs. Scalze introduced the following resolution and moved its adoption: RESOI,U770N NO. 2002-4-89 -BRINGING THG' MONTANARI HOMES TOWNOFFICE PROPOSAL, BACK TO THE TAB/,E l'he foregoing resolution was duly seconded by Anderson. Ayes (S) Scalze, Anderson, Montour, LaValle, Fahey. Nays (0). Resolution declared adopted. Mr. Fahey introduced the following resolution and moved its adoption: RESOI,UT/ON NO 2002-4-90-APPROVING THECONDITIONAI USE PERMIT PUD A.S WELL, A.S`, CONCEPT ANU DEVELOPMENT STAGE PUD TO AI LOW THE C'ONSTRUC'TION OF TOWNOFFICE/C"ONDOMINIUM UNITSAT PARK,STREETAND RICE .STREET PROPOSED /3Y MON7ANAR7 t/OME.S .SUBJF.C"T TO AD.IUSTMENT OF TtIE SITE PLAN TO REDUCE TIIF, DENS'ITYSO THAT PARKING RE~UIREMENT,S CAN I3E MET, SUB.IECT TO CONS"TRUCTION OFA /%ENC'E Al ONG THE.S"HARED PROPERTY I,/NE W/TH THE R-2 PROPERTY, SUB.IL'CT TO REVIEWAND APPROVAL 13Y TtIE C7TYP/.ANNER OFA RF_VLSED /,AND.SCAPE PLAN, AND SUB.IECT TO COMPLIANCE WITt/ THE REC'OMMENDATIONS' OF THE C"ITY PLANNER, C"ITY ENGINEER, AND THE WATERSHED DLSTRIC7: The foregoing resolution was duly seconded by LaValle. Ayes (S) Pahey, LaValle, Montour, Scalze, Anderson. Nays (0). Resolution declared adopted. JOHN LLO The Council welcomed John Leo who was attending tonight's Council meeting as part of a Boy Scout project. CUP & Fahey opened the public hearing to consider the application for Conditional ARC1ilT~C'YURAL, Use Permit allowing outdoor storage as well as Architectural Review for the RGVI~W - construction of a commercial building addition at 3104 Edgerton Street as 3104 EDGERTON proposed by Bob and Herman Buetow. ]t was noted that the Planning STRGGT- Commission recommended approval. 131JL',TOW 9 MINUTES CITY COUNCIL APR1L 24, 2002 Bob Buetow appeared before the Council and described the existing drainage of the site. Buetow noted the City Engineer's recommendation for a grading and drainage plan for this property and indicated that they would prefer to wait to develop this plan until MN DOT knows how the 694/Edgerton Street project will effect the drainage of this site. Buetow noted that this project will raise the site by approximately 3.5 feet. Buetow stated that he did not want to put a lot of money into the site until MN DOT determines the effects their project will have on the property. Buetow again described Hie existing drainage of the site, and felt it was adequate to accommodate his project. It was noted that the City Engineer is asking for a drainage plan for this site. Fahey pointed out that the Engineer is asking for a plan that shows drainage based on the Buetow's plans For the property, not based on the State's project. The City Administrator stated that the State has a concept of how their project will efTect the Buetow property. Ile noted that under the State's project, Cotmty Road D will actually pull further away from the property. Fahey suggested that City staff help facilitate the discussion between the State and fhe Buetow's. Scalze noted that the State will be conducting a neighborhood meeting with property owners in the area to discuss their project. Mr. Buetow indicated that he has some concerns he would tike to discuss with the State relative to Cheir project. Fahey indicated that the City needs to see a grading and drainage plan for the Buetow property before action can be taken on their CUP and Architectural Review requests. Mr. Fahey introduced the following resolution and moved its adoption: RESO/. UTION NO 20/12-4-9T - TABIJNG ACT /ON ON THE REQUEST FOR CONDIT/ONAI. USE PERMIT AI_LOW/NG OUTDOOR STORAGE AS WELL AS ARCH/TECTURAI. REVIEW FOR T/7E CONSTRUCTION OFA COMMERCIAL. 13011 D/NGAUDITIONAT 3704 EDGER'I'ON .STREET REQUESTED 13Y HERMAN AND BOB BUETOW PENDING RECE/PT OF A GRADING AND DRA/NAGS P/.AN FOR THE PROPERTY, SUB./ECT TO THE BDETOW .S WAIVING T11E 60-DAY REQULREMENT, AND IF THE WAIVER IS N0T SIGNED BY THF. BUETOW'S, THE REQUESTS FOR CUP AND ARCHITECTURAL REVIEW W//_L BE DEEMED DENIED The foregoing resolution was duly seconded by LaValle. Ayes (5) Fahey, LaValle, Scalze, Montour, Anderson, Nays (0). Resolution declared adopted. 10 n~INUT~s CITY COUNCIL APRIL 24, 2002 RIJCESS At this point in the meeting, 8:50 p.m., the Council took a short recess. The meeting was reconvened at 9:00 p.m. AM>;NDMENT Fahey opened the continued public hearing to consider an Amendment to TO B-W ZONING the Zoning Code relative to the Business-Warehouse (B-W) Zoning DISTRICT District. It was noted that the Planning Commission has recommended approval of the amendment as submitted. The City Planner reviewed his April 24, 2002 report relative to the Drywall Supply proposal for use of the Knox site. The Planner noted that if the B-W District is amended as proposed, the Drywall Supply use could be a legal user of the site if the outdoor storage is eliminated. The Planner noted that the Drywall Supply use would not be considered a continuation of the Knox use, but a different use completely. The City Administrator indicated that given the soil conditions of the property, it may not be fnancially feasible to redevelop the site. However, it may be possible to utilize TIF funds to offset the costs of soil corrections. Scalze pointed out that no soil information has been presented for the southern portion of the site. Anderson agreed, but pointed out that information has been presented showing that soils get worse the further south you move on the site. Fahey agreed that the back soils are the most questionable ou the site. Fahey asked if the City adopted the B-W Zoning Amendment, if Carl Johnson's multi-faceted development proposal that consists of two higher- valued buildings on the front of the site and the Drywall Supply building on the back would be permitted. The City Planner pointed out that the property would have to be subdivided and the proposal as submitted would be permitted except for the outdoor storage. The City Planner noted that the Drywall Supply proposal with the outdoor storage as proposed would only meet the requirements of the I-1 District It was also pointed out that the B-W Zoning Amendment proposed to apply to all B-W Districts in the City, not just the Knox site. Montour noted that the building in the back of the property shows as a one- story, steel building. Montour asI<ed if that type of construction would be allowed in the B-W District. The City Planner pointed out that the building is existing and would be grandfathered in. Scalze asked about T[F assistance. The City Administrator indicated that the TIF assistance would be generated fi'om the new development on the property. MTNDTRS CITY COUNCIL A,PR1.L 24, 2002 Fahey felt that the City had a valid basis for changing the Q-W Zoning District. He also noted that a lot of information has been submitted by the applicant relative to the soil conditions of the property. From that information, it appears the soils on the south end of the property are similar to those in Ryan Industrial Fark. Given these soil conditions, Fahey stated that he was not i^ favor of rezoning the property in a way that places a false expectation on the type of development that can occur ou the property. Scalae pointed out that the southern end of the property may be a good location for a storm water pond. She noted that the entire roof cannot be covered with roofs and parking lot. Gary Germanson, representing Carl Johnson, noted that the Knox building is located on a finger of good soils. Genmansat described in detail the soil borings that have been done on the site as well as the elevations of the site. Germanson indicated Chat from this information it appears that there is organic material to a depth of 60 to 80 feet on the southern end of the property. Carl Johnson also pointed out that the 1992 geological map shows the entire site as containing organic material. Fahey pointed out that from die concept plan submitted by Carl Johnson, he would be open to higher valued development on the front of the site and the location of the Drywall Supply business at the back. Fahey felt given the soil conditions it was unrealistic to expect higher valued development on the entire site. Fahey stated that he would favor an interim use agreement that would allow Drywall Supply's use of the back of the property as proposed by Mr. Johnson. Carl Johnson pointed out that he is proposing a higher end development on the front of the site and indicated that as owner of the property it was in his best interests to maximize the use of this property. Fahey indicated that he would like to see progress on the redevelopment of the front of the property. He did not want to see Drywall Supply locate on the back of the site and no progress made on the redevelopment of the front- T'herefore, an interim use agreement tied to some sort of timetable for the redevelopment on the front would be an option to consider. Scalze pointed out that when the front of the site redevelops, parking area for those buildings could be located at the back on poorer soils. This would maximize the use of the front property. Montour questioned the access to the back of the site that Mr. Johnson shows located between two buildings on the front. Johnson suggested that there was 12 MINUTES CITY COUNCIL APRIL 24, 2002 flexibility in the site design and that the back access could be located at the edge of the property rather than through the middle. Scalze asked about the Knox building. Johnson stated that Drywall Supply would be utilizing the Knox building initially. His plan would be to bring sewer to the back of the property and renovate one of the two buildings at the back of the site for his use. Fahey asked about the location of Drywall Supply at the back of the property without dedicated road frontage to the site. The City Planner indicated that this would be allowed under a PUD. LaValle asked about the type of outdoor storage that Drywall Supply needs. Johnson indicated that they need outdoor storage for steel studs. Fahey suggested that the property could be designated as a PUD with the B-W District underlying for the front portion of the site and the I-7 District on the back. The City Planner noted that under the concept site plan presented by Johnson, a subdivision of the property would be necessary and the appropriate zonings could then be applied to each parcel. The Council discussed the procedure that should be followed to accommodate Mr. Johnson's requests as well as ensure that higher valued redevelopment occur on the fi'ont of the Knox site. Mr. Johnson indicated that he would like to occupy the site within the next two to four months. It was noted that the B- WZoning does not allow the outdoor storage Mr. Johnson is proposing. Therefore, in order to utilize the site prior to any rezoning action on the back portion of the site, there can be no outdoor storage. "I'he Planner indicated, however, that Drywall Supply can occupy the site provided that all storage occurs indoors. Johnson felt that there was enough building space to accommodate indoor storage until the rezoning of the back portion of the property can be addressed. Fahey felt that a development agreement establishing a timetable for the redevelopment of the front portion of the property should be entered into with Mr. Johnson. 'that development agreement could then allow an I-1 interim use on the back of the property with a sunset clause if Mr. Johnson does not redevelop the front portion of the site. The City Administrator pointed out that if TIF assistance is provided for the redevelopment of the fi'ont, die "but for" test will have to be met. The Administrator also pointed out the potential for the Legislature to further amend TIF laws making the potential for assistance more difficult. Johnson felt that the interim use agreement being discussed was a fair approach. li MINUTES CITY COUNCIL APRIL 24, 2002 There was ^o one else present from the general public wishing to comment on this matter. Upon motion by Anderson, seconded by Montour, the public hearing was closed. Mr. Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO 5 32 - AN ORD/NANCE AMENDING SECTION 9I3, /3USlNESS-WAREHOUSE ZONING DISTRICT, OF THE' L/TT LE CANADA C'IT 1' CODE KNOWN Ab' THE ZONING ORD/NANCE, BY PRO ULDING FOR THE PROMOTION OF OFFICE, OFFICE- WAREIIOUSE, ANI) OFFICE SIMILAR, COMPAT/BI,E LAND USES The foregoing ordinance was duly seconded by LaValle. Ayes (5) Anderson, LaValle, Scalze, Montour, 1=whey. Nays (0). Ordinance declared adopted. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-4-92 - /,IFT/NG T'IIE MORATORIUM ON TILE BUSINESS-WAREHOUSE (13-W) ZONING DLSTR/CT EFFECTIVE THE DATE OF PUBLICATION OF ORDINANCE NO. 532 The foregoing resolution was duly seconded by Scalze. Ayes (5) LaValle, Scalze, Montour, Fahey, Anderson. Nays (0). Resolution declared adopted. NORTH STAR The City Administrator reviewed a proposed development agreement 1;STAT~S relative to construction of a storm shelter in North Star Estates STORM Manufactw~ed Home Park. The Administrator indicated some frustration SHI;LTIrR with moving forward with this project, and suggested that the City not proceed further until this development agreement is in place which spells out commitments being made on the part of the City as well as the owners of the manufactured home parl<- Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO 2002-4-9 3 -APPROVING THE DEVEL OPMENT AGREEMENT RELATING TO CONSTRUCTION OI'A ST'OXM SHELTER IN NORTH STAR F,STAT'ES MANUFACTURED HOME PARKAS RECOMMENDED 13Y THE CITY ADMINISTRATOR .S'UB./ECT TO REV/EWAND APPROVA/. BI' THE CITYATTORNEY, 14 MLNUTGS CI"f1' COUNCIL ANRiL 24, 2002 AND AUTHORIZING THE MAYOR AND CI'T'Y ADMINISTRATOR TO EXF_CUTE TILE AGREF_MENT ON 73EF/ALF OF CITY The foregoing resolution was duly seconded by LaValle. Ayes (5) Scalze, LaValle, Montour, Fahey, Anderson. Nays (0). Resolution declared adopted. CONSENT Mr. Montour introduced the following resolution and moved its adoption: AGENDA RESOLUTION NO. 2002-4-94 - REMOV]NG THE /SSUE OF 2002 BUSINESS LICENSE FEES FROM T HE CONSENT AGENDA "the foregoing resolution was duly seconded by Scalze. Ayes (5) Montour, Scalze, LaValle, Fahey, Anderson. Nays (0). Resolution declared adopted. Mrs. Scalze introduced the following resolution and moved its adoption RESOLUTION NO. 2002-4-95 -APPROVING THE CONSENT AGENDA 4f/HICH CONTAINS THE FOLLQWlNG ITF_MS: "APPROVA/. OFAPP/.IC'A770N FOR Ea'EMPT GAM/37./NC PERMIT FOR.ST../OHN'.S CHURCH; ''`APPROVA/. OF THE ADVERTISEMENT FOR CIT/7EN REPRE.S'ENTAT/VE TO THE NATURAL RESOURC'E.S BOARD The foregoing resolution was duly seconded by LaValle. Ayes (5) Scalze, LaValle, Montour, Anderson, Fahey. Nays (0). Resolution declared adopted. 2002 Montour questioned the license Pees for adult uses and saunas, and noted 6US]NESS recent discussions in other cities regarding these businesses- It was pointed LICENSE out that the City has an adult use ordinance in place which sets forth FEES certain requirements for the establishment of these businesses in the City. The Council asked for a summary of these requirements for their review so they can ensure that they are adequate. Council also asked for a comparison of the fees that other cities have established for adult use businesses. 15 MINUTES CITY COUNCIL APRIL 24, 2002 Mr. Montour introduced die following resolution and moved its adoption: RGS'Ol_UTION NO 2002-4-96 -ADOPTING 2002 BUSINESS L/CENSE FEES AS RECOMMENDED BY STAI%F EXCI_ UDING T FIE I ICEN.S'E FF,ES FOR ADULT USE BUSINESSES AND SAUNAS PENDING ADD/TIONAI, /tEVIF_W The foregoing resolution was duly seconded by LaValle. Ayes (5) Montour, LaVa(lc, Anderson, Fahey, Scalze. Nays (0). Resolution declared adopted. PRECINCT The Council reviewed staff's recommendation for a realignment of precinct BOUNDARIES boundaries. The City Administrator pointed out that one of the factors for current precinct boundaries was that Little Canada was split between two Legislative L)istricts in 1992. Recent redistricting has resulted in the City's boundaries now lying within one Legislative District. Taking this into account as well as future redevelopment and the desire to balance number of voters among the three precincts, staff is recommended a realignment of the boundary between Precincts 1 and 3. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO 2002-4-97 -APPROVING THE REALIGNMENT OF LITTLE CANADA PRECINCT BOUNDAR/ES AS RECOMMENDED BY C/TY STAFF "fhe foregoing resolution was duly seconded by LaValle. Ayes (5) Scalze, l..aValle, Montow, Anderson, 1'ahey. Nays (0). Resolution declared adopted. GARDEN The City Administrator reviewed the analysis prepared by Ehlers & Associates TERRACE regarding the potential for TIF assistance to aid in a roof improvement for the ROOI+ existing Garden Terrace senior housing project. The Administrator pointed out that it appeals that T[P assistance is feasible. hle also indicated Chat he will continue to pursue County grant and/or loan funds for this improvement. Mr. Anderson introduced the following resohrtion and moved its adoption: RESO/, UTION NO. 2002-4-9H - A UTHORIZ/NG THIi CITY ADMINISTRATOR TO TAKE TILE APPROPR/ATE STG'PS NECESSARY TO ESTABLISIf T IIE GARDEN T ERRACE PROPERTY A.S A T,4X INCREMENT FINANCING DISTRICT AS OUT/./NED IN THE REPORT' PREPARED I3Y EHLERS ~ ASSOCIATES', /NCLCIDlNG CAI ] ING FOR I6 MINUTES CITY COUNCIL APRIL 24, 2002 A PUI31_/C HEARING FOR JUNE 26, 2002 TO CONSIDER THE ES7AI31_ISIIMENT OF THIS DISTRICT "I'he foregoing resolution was duly seconded by Scalze. Ayes (5) Anderson, Scalze, Fahey, Montour, LaValle. Nays (0). Resolution declared adopted. RESCHEDULE The City Administrator re0uested that the May 8, 2002 regular Council COUNCIL meeting be rescheduled to Tuesday, May 7, 2002 at 7: ;0 p. m. given that MEETING he will be out of town on May 8'~'. Mr. Anderson introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-4-99 - RESCNEDUI ING I'lIE MAY 8, 2002 RF_CUI,AR C'OUNC/L MEETING TO TUESDAY, MAY 7, 2002 AT 7:30 I? M. The foregoing resolution was duly seconded by Montour. Ayes (5) Scalr_e, Montour, LaValle, Fahey, Anderson. Nays (0). Resolution declared adopted. FILL I'I;RMIT Mrs. Scalze introduced the following resolution and moved its adoption: 3032 LaBORE I20AD - RESOLUTION NO. 2(102-4-100 - APPRQVING THE FILL PERMIT JOHNSON FOR 3032 LAl30RE ROAD AS RF,~UESTED I3Y PAT JOHNSON .SU13.IEC'T TO C'OAIP/./ANCE WITH TFIE RECOMMENDATIONS OF THE PUI31_IC WOItK.S D/RECTOR The foregoing resolution was duly seconded by LaValle. Ayes (5) Scalze, LaValle, Montour, Fahey, Anderson. Nays (0). Resolution declared adopted. TELEVISLNG Mr. LaValle introduced the following resolution and moved its adoption: PARK & RECREATION RE.SO/_U770N NO. 2002-4-101- REFERR/NG THE ISSUE OF COMMLSSION TELE f~l.SING OF PARK & RECREATION COMMISS/ON MEETINGS MEETINGS TO THE C'OMMbSS10N FOR THEIR RECOMMENDATION The foregoing resolution was duly seconded by Scalze. Ayes (5) LaValle, Scalze, Montour, Fahey, Anderson. Nays (0). Resolution declared adopted. 17 M INUTGS CITY COUNCIL APRIL 24, 2002 E7C1'END Mrs. Scalze introduced the following resolution and moved its adoption: TEMPORARY APPROVAL RE,SOl,UTIONNO 2002-4-102-EXTENDING TI/ETF,MPORARY OF STORM APPROVAI.OFNORTHSTARESTATES STORM EVACUATION EVACUATION PLAN UNTIL AUGUST 31, 2002 AS RECOMMENDED 13Y THE PLAN C/TYADM/NI.STRATOR The foregoing resolution was duly seconded by Fahey. Ayes (5) Scalze, Fahey, Montour, LaValle, Anderson. Nays (0). Resolution declared adopted. ARNDT The City Administrator reported that the City has been named as a party CONSTRUCTION in the Arndt Construction lien claim against RA[3, lnc. The League of LIEN CLAIM- Minnesota Cities is refer ing this claim to Pete Regnier office for defense. RAB, INC. Given that Regnier's firm is defending the Watershed in another claim against the City, the City Attorney indicated that the City is being asked to waive any possible conflict of interest. Mr. Fahey introduced the following resolution and moved its adoption: RESO].UTIONNO 2002-4-103-WAIV/NGANPCONFLIC7`OF /NTERF_.ST W/TFI RF_,SPEC'T %'O THE f%ACT T'HA %' PETE REGNIER'S FIRST WII,1. BE DEFENDING TILE CITY IN THE ARNDT C'ONSTRUC'T/ON I,/EN CLAIM G/VEN THAT THIS SAME FIRM IS DEFENDING TIIE WATERSHED /N ANOTHER ACTION AGAINST T/If CI'I'1' The foregoing resolution was duly seconded by LaValle. Ayes (5) Fahey, LaValle, Anderson, Montour, Scalze. Nays (0). Resolution declared adopted. G94/ i'he City Administrator reported that MN DOT will hold a public EDGERTON information meeting on the 694/Edgerton Street project on June 6, 2002 STREET From 2 p.m. until 7 p.m. at the Vadnais Heights City HaII. PROJECT ADJOURN Mr. LaValle inh'oduced the following resolution and moved its adoption RF,SOLUTIONNO 2002-4-104-ADJOURNING I~ MINUTPS Cl'TY COUNCIL APRIL 24, 2002 The foregoing resolution was duly seconded by Montour. Ayes (5) LaValle, Montour, Scalae, Anderson, Fahey. Nays (0). Resolution declared adopted. There being no further business, the meeting was adjourned at 10:10 p. m. Mich gel 1. Fahe Ma or Y> Y Hanson, City Administrator 19