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HomeMy WebLinkAbout09-26-01 Council MinutesMINUTES OF' 1'71E REGULAR MEETING CITY COUNCIL LITTLE CANAAA, MINNESOTA SEPTEMBER 26, 2001 MINUTES Pursuant to due call and notice thereof a regular meeting of the City Comrcil of Little Canada, Minnesota was held on the 26th day of September, 200] in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Mayor Michael I. 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 COiJNCIL Mayor Council Member Council Member Council Member Mr. Michael I. Fahey Ms. Beverly Scalze Mr. Jim LaValle Mr. 12iclc Montour AI3SF,NT ALSO PRESLN'r Council Member City Administrator City Attorney City Planner Deputy Clerl< Mr. Matt Anderso^ Mr. Joel R. Hanson Mr. Tom Sweeney Mr. Steve GritUnan Ms. Kathy Glanzer Mrs. Scalze introduced the following resolution and moved its adoption: RESO] UT1ONN0. 2001-9-203 -APPROVING TFZE MINUTES OF THF_ FO1_LOWING C'OUNCII, MEETINGS AS ,SU73MITTED: SEPTEMBER 12, 2001 WORK.S'HOP MEETING SEPTEMBER 72, 2001 REGUI AR MEETING The foregoing resolution was duly seconded by LaValle. Ayes (4) LaValle, Scalze, Fahey, M. ontour. Nays (0). Resolution declared adopted. ST. JOHN'S Mayor Fahey announced that St. John the L;vangelist Church will be L50i~i celebrating its 150°' Anniversary on October 7, 2001. Fahey ANNIVERSARY congratulated St. John's on this milestone and indicated that he would be preparing an appropriate proclamation. MINUTES CITY COUNCIti SEPTEMBER 2G, 2001. C[II' TOR Mayor Fahey opened the public hearing to consider an application for SIGNAG~E - a Conditional Use Permit allowing the placement of signage on a multi- 2750-2756 tenant retail shopping center located at 2750-2756 Lakeshore Avenue as LAKESIiORE requested by J & R Investments. It was noted that both the City Planner AVENUIs and the Punning Commission recommended approval of the CUP with the Commission recommending that the Rocco's roof sign be removed at the time Rocco's ceases to be a tenant of the shopping center, and with the requirement that the applicant secures the necessary sign permits prior to completion of the rest of the wall signage. Jeff Meyer, J & R Investments described the fow~ business identification signs that would be along the front of the shopping center as well as the five signs that would be on the back of the building. He noted that of the five signs, two would be for the thrift store, the second of which would be for the counseling service that is run as a part of the store. It was reported that none of the signs would be bacldit. The four signs on the front would be aluminum or baked enamel. The five signs on the back would be wooden. There was no one from the general public present wishing to comment on this matter. Upon motion by Montour, seconded by LaValle, the public hearing was closed. Mr. LaValle introduced the following resolution and moved its adoption: RESOLU%7ON NO. 2001-9-204-APPROVING THE CONDITIONAL USE PERMIT AI_I,OWING THF, PLACEMENT OF SIGNAGE ON A MULTI- TENANT RETAIL SHOPPING CENTER A%' 2750-2756 LAKESHORE AVENUE AS I2EQUES'TBD 13Y J & R INVI%SlMENTS SU73JECT TO COMPLIANCE l~V1TN THE REG"OMB9ENDATIONS OF THE PLANNING COMMLS"SIGN The foregoing resolution was duly seconded by Scalze. Ayes (4) LaValle, Scalze, .Montow~, Tahey. Nays (0). Resolution declared adopted. REZONING & Mayor Pahey opened the Pablic Hearing to consider a Rezoning of property PROPERTY located between Rice Street and Park Street south of the Goodyear property D.iVISION - from General Business (B-3) to High Density Residential (R-3) as well as R[CE/PART{ a Property Division to accommodate the development of a 44-unit senior STREET citizen multi-family housing project as requested by Montanan Homes. It PI20PE~RTY - was noted that the Planning Commission recommended approval of the MONTANARI Rezoning and recommended denial of the Property Division. The City DOMES Planner recommended denial of the Rezoning. M1NUT>JS CITY COUNCLL SrPTEM13GR 26, 2001. Scalze noted the discussion at the Planning Commission meeting relative to The Property ,Division, and indicated that she agreed with the Commission that it would not be worthwhile to have a small commercial development in front of the senior housing development that was being proposed. Bart Montanan indicated that he agreed to withdraw the request for the Property Division and noted that he redesigned the area to create a park area that would be a part of the senior housing proposal. Fahey stated that he had concerns with the construction of an apartment building in the area although he noted that the development is being presented as senior citizen housing. Fahey noted that the property is now zoned B-3 and indicated that he would prefer to see a different transitional use on this land such as a townhome development. Fahey stated that he did not feel this was a good location for senior housing pointing out the lack of services in the immediate area. Fahey stated that he realizes the developer's desire to construct an apartment building, but indicated that he was opposed to apartments in this area whether they were designed for senior s or not. Laval le pointed out that last year the City was presented with a concept for a townhome development on this site. LaValle noted that the values represented to the Council were $250,000 per unit. Montanan stated that he tried Co put together a townhome development proposal, but indicated that given the wetlands and other property conditions, the site just does not lend itself to a townhome development. Fahey asked if Montanan purchased the property knowing that the City had approved the concept of a townhome development for this site. Montanan stated that he did. However, he is also aware of the need for senior housing in the area, and that the City may be looking at a senior housing project as well in the vicinity of Rice Street and Little Canada Road. Montanan stated that he would like to supply a senior housing option for Little Canada residents so that they can stay in their convnunity. Montanan indicated that his proposal would be a quality building. The project would have undergrowtd parking as well as two floors of units. The building would not exceed 35 feet in height. Montanan described how he would ft the building into the property and noted that it would be set back au additional 70 feet from what is required from Pad< Street. The portion of the building fronting on Park Street would be one-story to lessen the impact on the residential neighborhood. Montanan described the landscaping proposed which would also soften the impact ou the area. He pointed out the two park areas he would develop as part of the project. Montanan also reported that he has made application for the vacation ofLal<e Street lying between Rice Street and Park Street, and indicated that whatever 3 rv[INU~r>Js CITY COUNCIl., S~PTEM,BER 2G, 2001 land would accrue through the vacation would become a part of this development proposal. Montanari reported that he has 4.3 acres of land, the development meets density requirements, and would also include two park areas and a walking path from the senior building to Rice Street to access transit services. Montanari felt the proposal was a nice fit for the area and pointed out that the land has sat idle for some time. Montanari felt it may be some tune before anyone proposes a townhome development on this site. Montanari pointed out that the wetlands on the property need to be cleaned up and maintained, which he would do. LaValle stated that he was concerned about increased traffic on Park Street from the ln'oposed development. Montanari felt the traffic generated fora 44- unit senior apartment proposal would be comparable to a 22-unit townhome development that is the density that would be permitted for this size property. LaValle stated that he thought the townhome concept approved by the Council last year was an 8-unit development. Fahey pointed out that an offee development would be consistent with the zoning of the property. Fahey stated that he had a strong objection to additional apartments in the City noting the high percentage of apartments that currently exist. Fahey felt that if senior housing is developed, the City should be involved, and the development should be located in areas where services are available. Fahey noted that the City reviewed this site last year and agreed to a concept for townhome development. Fahey did not support spot zoning to allow for additional apartment development in the City. He felt, however, that the townhome concept previously reviewed would be an appropriate transitional use for the area. Scalze pointed out t1re single-family development along Park Street and agreed that townhomes would be a good transitional use. Scalze felt the senior apartments proposed was too high a density for this area. Montour noted that Montanari has identified a need for senior housing in the City, and suggested that such a use might work on this property. Montour stated that his concern was that the proposal looks like au apartment building. He suggested that while the intention may be for senior apartments, there was no guarantee that these units would remain designated for seniors in the years to come. Montom~ suggested that he might support the proposal if there were architectural changes to the building and a way to guarantee that the emits would remain senior housing. MINUTES CLTY COUNCII, SEPTEMBER 26, 2001 Fahey asked if there was anyone from the general public interested in commenting on this proposal. "i'om Dm ay, owner ofHoggsbreath and resident of the City, indicated that he was representing Dave Rustad who is purchasing the garages to the north, the owner of the Plameburger, the owner of the car wash on Demont Avenue, and Mr. Anderson, property owner to the south of this proposed development. Duray reported that all opposed the senior housing proposal given that it was not in compliance with the City's Comprehensive Plan, that it was not compatible with the adjacent uses of the property, and that there was no screening proposed that would contain noise from the adjacent businesses. Duray pointed out that the 24-hour nature of some of the businesses in the area would not be compatible with the senior use proposed. Fahey asked if the adjacent property owners were opposed to a townhome use as well and would prefer that the property remain zoned B-3. Duray felt that the less density that would be involved with a townhome development would allow for creative screening that would lessen the impact of the adjacent business uses. Duray pointed out that the townhome concept was considered by the City in June of 2000. That concept was for asix-unit townhome development. There was no one else from the general public present 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: RES'07_ U'f70N NO. 2001 -9-ZOS - DENTING THE RIZUNING REQUESTED BYMONT,9N~1RII30ME,S"FOR THE7R RICE STREFT/PARIf STREET PARCE7. FROM GENERAL I3DSINESS (13-3) TONIGH-DENSITY RESIDENTIAL, (R-3) AS WEI I AS DENYING THE PROAERTI' DIVISION XEQUES'I'ED The foregoing resolution was duly seconded by Scalze. Ayes (4) LaValle, Scalze, Montour, Fahey. Nays (0). Resolution declared adopted. Montanan asked if office condos would be an allowable use. Fahey pointed out that the property is zoned B-3 and the used allowed under this zoning would be applicable. The other option would be to pwsue the 6-unit townhome concept that was approved by the Council last year. i MINUTES CITY COUNCIL SEPT,EMB:ER 26, 2001 Montanari indicated that he was led to understand that a mixed use of residential and business would be allowed in this area. The City Planner noted that the Comprehensive Plan anticipates the potential for residential use in the area. Fahey agreed, and pointed out the 6-unit townhome concept that the Council was agreeable with. Fahey noted that this would be an appropriate transitional use for the area. However, apartments and high-density residential was not. Fahey noted that an office use is another option the developer may want to consider. REZONING - Mayor Fahey opened the public hearing to consider the application for 3203 COUNTRY Rezoning from Business-Warehousing (B-W) to Public (P) to allow for the DRIVE - use of a church at 3203 Country Drive as requested by Christ Community CHRIST Church. The Planning Commission recommended approval of the Rezoning COMMUNITY by a vote of three in favor and two against. CII:URCI3 Paul Schroeder, representing Christ Community Church, appeared before the Cormcil and reported that the Church is excited about locating in Little Canada. He reviewed the campus-type setting they have proposed, and indicated that the site at 320 Country Drive provides excellent visibility for the Church. Schroeder indicated that there are many positive things that the Church would bring to the community. He noted that bringing people into the area during oi'f--peak business hours provides an additional element of safety and security for the area. He noted that traffic flow to and from the Church during these off peak hours would likely improve traff c conditions for the area. Schroeder acknowledged the concern the City likely has that the rezoning would take a piece of taxable land off the tax rolls. 1Ie noted that Knox is currently paying between $] 24,000 and $125,000 in property taxes. Given that the Church has a comparable piece of property in White Bear Township, returning that property to the tax rolls would lessen the tax implications although the City of Little Canada would lose about $18,700 iu tax revenue. Schroeder pointed out Chat the Church would bring a lot of amenities with it. Lie reviewed their site plan that proposes ballfields and a recreation center that may contain a gymnasium. The Church would have meeting and conference room space as well. Schroeder suggested that these facilities would be available as a shared use with the community. 1'he Church would have a day care and provide various ministries that the commwiity would benefit Ii~om as well. While the Church would not provide direct economic input into the City, it would provide indirect benefts. Schroeder also pointed out that bringing the congregation into the community would result in increased patronage of local businesses. MINUTCS CITY COUNCIL SEPTGM6GI2 2C, 200t Schroeder pointed out that the B-W zoning of the property allows for a theater use or health club use. Schroeder felt that the Church use would have a somewhat similar impact. Schroeder pointed out the Planning Commissiods discussion that the outbuildings located on the property should be removed as soon as possible. As a result of that discussion, Schroeder indicated that the Church would demolish those buildings, clean up the parking and gravel areas and replace some of these areas with green space. Therefore, first year plans would include remodeling the inside of the large Knox building, enhancing the fagade, and removal of unusable buildings. As the development proceeds on, the parking lot would be sedate, parking would be re-oriented, ballfields would be added as well as a native prairie area. Schroeder indicated that the Church would like to create amenities that the City can use. He noted Chat in addition to the ballfields and recreation building, the long-teen plan would be to add an auditorium between the two buildings. 'T'his space would be used by the community as welt. Fahey asked the Church's current location. Schroeder reported that they are currently operating from the Shoreview Community Center. However, they do own land in White Bear Township. Schroeder reported that the Chw~ch prefers the visibility of this site to that of their White Bear Township site. Fahey noted the classroom space planned in the larger building and asked if the Church would be operating a school. Schroeder reported that there are no plans for a school at this point, but it may be a consideration in the firture. LaValle asked the zoning of the WBT property. Schroeder replied that it was zoned for townhomes under a PUD zoning. The site consists of approximately 10 acres. Given existing ponding on the site and the size buildings the Church would like to develop, there would be little green space left for recreational facilities. Fahey stated that he was concerned with the impact of taking this parcel off the tax rolls. While he agreed a Church is an asset to a community, Fahey presented a diagram showing the amount of land that is aheady untaxable in Little Canada, which includes land for churches, schools, City buildings, parks, roads, eta Fahey also pointed out that there would likely be other commercial uses interested in the Knox property given its visibility. In addition to the tax implications, Fahey noted that the Church use does not fit the current zoning of the property nor with the existing uses in the surrounding area. Scalze stated that she was concerned with caking land off the tax rolls and reported that she has received input from Little Canada residents expressing MINUTES CITY COUNCIL SUPTENII3T'iR 26, 2001 these same concerns. Scalze felt that the Church proposal was wonderful one and that it would succeed wherever it goes given the enthusiasm of the Church's members, however, she could not support taking this land off the tax rolls given the amount of laud that Little Canada already has that is off the tax rolls. She noted that larger cities such as Maplewood have a much stronger tax base that could support proposals such as this. Schroeder pointed out that the tax issue is the same in every community, and again pointed out that what the Church can bring to a couunwiity is sometimes worth more than the tax dollars. Montour pointed out the issue of where is a good location for a church noting that in the past they were typically located in residential areas. Montour noted the various businesses along Country Drive a~~d felt that a church just did not fit in with those uses. Montour felt that the Church presented a wonderful proposal, but indicated that this is just not the right location. Fahey noted that Little Canada is fully developed and taking property off the tax rolls reduces the City's tax base. Schroeder indicated that as far as the Church knows, they are the only entity interested in the site. Schroeder pointed out that the property could sit vacant for some time. Fahey felt the property was au attractive one and there would be interest in it. He noted that the even if the property is vacant, the taxes continue to accrue. Fahey pointed out that the Council's job is to look for the highest and best use of a property. Fahey did not believe the Church use was the highest and best use of a property that is zoned Business-Warehousing. Rezoning the property to public would tale it off the tax rolls. This would result in the loss of the current level of taxes and the potential for increased taxes because of enhancements that could be made to the site. John Nicholson, Christ Community Church, suggested that the Church may be willing to enter into an agreement with the City to make a t~ayment to the City in lieu of taxes. Scalze reported that this option has been explored in the past, and she noted that the concern is that once the City rezones a parcel of land to Public it loses control. Scalze noted that Christ Community Church could sell the property to another church or to a school While Christ Community Church may be willing to make a payment in lieu of taxes, another public use may not. Fahey questioned whether this would be the Kind of use the City would wvit in the middle of a B-W area. Fahey was also concerned about the City's loss of control under a Public coning. IIe suggested that perhaps a special zoning district or a PUD District would be appropriate if the City can require future R NLIN UT)JS CITY COUNCIL S>/PTEMI3)CR 2G, 2001 enhancements to the site as well as any other special conditions the City determines necessary. The City Planner indicated that the Planning Commission voted in favor given the proposed redevelopment of the site. The Planner pointed out that he has seen proposals such as this in other communities as part of commercial areas given the opportunities for shared parking, etc. However, in these were typically on edges of commercial zoning districts rather than in the middle. Fahey indicated that the special zoning district idea intrigues him. He indicated that he is certain that the Church would add value to the community, but he struggles with taking property off the tax rolls. Did< Daniels, Pastor of Christ Community Church, reported on research that the Search Institute has done relative to community assets and how to improve community life by adding critical assets to a community. These assets include schools and churches. Daniels repotted that the Church feels that Little Canada is prime for another church to come in. Ile reported that the Church would not isolate itself f'om the community, but would partnership with the community as well as St. John's Church to make Little Canada a great place to live. Daniels pointed out the visibility of the site, and noted that people driving along 35E/694 would not only see industrial development, but also a church campus and green space. Daniels stated that he hoped the City would seriously consider their rezoning request and the asset they would bring to the community. Fahey stated that he would like to explore the concept of a fee in lieu of taxes indicating that he had a strong reluctance to take property off the tax rolls. Fahey suggested that City staff explore the possibility of developing a special use district that might address Phis option. Nicholson reported that there has been some discussion of the fee in lieu of taxes, and the issue would have to be brought to the membership for their approval. Fahey asked about the timing for removal of the Knox outbuildings. Sclv-oeder indicated that since the Planning Commission meeting, the Church has decided that the fist phase of the project would include remodeling the inside and outside of the main Church building as well as removal of the unusable buildings. Schroeder also pointed out the potential for use of the Church parking lots as an overflow park and ride lot. John Rauch, attorney and member of the Church, pointed out that the City's B-W zoning allows for theater uses. He noted that under the Federal Government's Religious Freedom Act if a peru~itted use is similar to a 9 1VIINUTGS CITY COIINCI,L SEPTEnf13~R 26, 2007 religious use, the religious use must be allowed. Ranch also indicated that Little Canada's code is unique in that it has a Public zoning district. Rauch suggested that a solution would be merely for the City to allow the Christ Community Church to locate in the B-W District given the fact that theaters are permitted uses. Fahey pointed out that taking that position would allow any church to locate in the B-W District. Fahey stated that a church use was not the intended use of the B-W District. Rauch suggested that if the City really wants to maintain aBusiness- Warehousing District, then it should remove theaters from the list of permitted USCS. Fahey suggested a possibility may be a special zoning district similar to a PUD District, where the City has the opportunity to establish conditions. Pahey suggested that the matter be tabled to give staff an opportunity to look at the issue, meet with Church officials, and come back with a recommendation. Fahey also suggested that the City's Park & Recreation Director look at the recreational facilities proposed and comment to the Council about the potential for shared usage and the need for these facilities on the west side of the freeway. Cale Horton, 3250 Rice Street, Blacktern Pond, indicated that he felt the Church would be a positive asset for the area. "Lom Duray, business owner and resident of Little Canada as well as Chairman of the Debt Levy Reduction Committee, indicated that the Committee opposed the rezoning to Public since the use does not fit the City's Comprehensive Plan, it is not compatible with the area, and the loss of tax revenue from this property would put an undue financial bm'den on the community. Duray pointed out the Committee's work and recommendation regarding tax stability for Little Canada, tax reduction, and capital improvement funding. Dw~ay stated that to take this property off the tax rolls would impact that goals that the Committee bas recommended for the City. Duray also pointed out the amount of public zoning that the City had and that additional Publicly zoned [and would place an undue hardship ou the City. Duray felt that denial of the rezoning would be consistent with past actions of the Council, specifically denial of a rezoning for a school that occurred in May of 2000. Fahey asked if there was anyone else from the general public present wishing to comment on this matter. Marsha Fredrickson, a member of tine Church, informed the Council of the Church's compassion outreach efforts noting the benefits that the Church can bring to Little Canada. l0 MINUTES CITY COUNCIL SEPTEMBER 26, 2001 There was no one else from the general public present wishing to comment on this matter. Upon motion by Fahey, seconded by LaValle, the public hearing was closed. Mr. I_,aValle introduced the following resolution and moved its adoption: RESOLUTION NO. 2001-9-206 - TA73L LNG ACTION ON THE REQUEST FOR REZONING FROM BUSINESS-WAREHOUSING (I3-!~ TO PUBLIC (P) FOR 3203 COUNTRI'DRNE UNTIL. THE OCTOBER Iq 2001 REGUI AR COUNCIL, MEETING, PENDING A REPORT FROM CI'I'I' STAFF The foregoing resolution was duly seconded by Fahey. Ayes (4) LaValle, Fahey, Montour, Scalze. Nays (0). 2esolutio^ declared adopted. CONSENT Mrs. Scalze introduced the following resolution and moved its adoption: AGENDA RESOLUTION NO. 2007-9-207 -REMOVING THE PA Y REQUEST FOR COUNTY ROAD B-2/DIANNA LANE LIFT STATIONS' FROM TI3E COn:S'ENT AGL'NUA The foregoing resolution was duly seconded by LaValle. Ayes (4) Scalze, LaValle, Fahey, Montour. Nays (0). 12esolution declared adopted. Mr. LaValle introduced the following resolution and moved its adoption: RESOI UTION N0. 2027-9-208 - APPROV/NG T HE CONSENT AGENDA WHICH CONTAINS THF. FOLLOWING: *APPROVAI. OF TILE ASSF.SS'MENT REAPPORTIONMENT FOR GILANDER[ ADDITION AS PRESENTED BY CIT I' STAFF; *APPROVAI OF TEMPORARI'L IQUOR I ICBNSE FOR I CRA'S IIALI,OWEEN DANCE PENDING REC'E'IPT OF SA 1'ISFACTORY LIQUOR LIA1377_ITY INSURANCE; *APPROVA/. OF .IOINT POWERS AGREEMENT WITA MN DOT RELATIVE TO 694/RICE STREET .STUD I'AND ADTI-ZORIZINCi THE MA POR AND C/TI' ADMINISTRATOR TO EXECUTE TAB AGREEMENT ON BEFIAI,F OF THE CITY; 1VI INUTUS CITY COUNCIL SEPTEMT3ER 2G, 2007 KAPPROVAI, OI^' KIMMF.b'/GILANDER] AD))7TION DEVELOPMENT AGREEMENT AND A UTHOR]ZING TF7E MAYOR AM) CITY ADIYIINISTRATOR TO EXECUTE THF., AGREEMENT ON73EHALF OF THE CITY The foregoing resolution was duly seconded by Scalze. Ayes (4) LaValle, Scalze, Fahey, Montour. Nays (0). Resolution declared adopted. CONDIT The City Administrator reported that he met with Mr. and Mrs. Zoch STREUT to discuss issues relating to the final plat for Yorkton North Phase II RIGHT-OF-WAY and right-of--way for Condit Street. At the time the final plat was approved in May of 1985, the Council's direction was that 8.5 feet of additional right-of- way was to come from the west side of Condit Street. I-Iowever, the final plat which was recorded with the County and signed by the parties involved, including Mr. and Mrs. Zoch, took 73.5 feet ofright-of--way fiom the west side of Condit Street. The Zoch's are questioning the appropriateness of this action and would like to be compensated for the additional 5 feet that was taken, or the property returned to them. Mrs. Zoch indicated that they did not want to be involved in the Yorkton North Phase II plat, however, the City Council convinced them that this development was the best they could hope for for the area. Mrs. Zoch indicated that they really had not wanted Co sell any of their property. However, they agreed to sell provided that Larry Lee, the developer, paid all the expenses. Mrs. Zoch pointed out that there had been some deferred assessments on their property that were to have been paid, and they just discovered recently that they had not been paid. The City Administrator pointed out that the City abated those assessments in 1999 at the Zoch's request and subject to execution of a waiver of claims relating to a fence that was not constructed on the site. Mrs. Zoch pointed out that when the plat was approved in May of 1985, there was 33 feet ofright-of--way for Condit Street. The Council's position at the time was that 8.5 feet of additional right-of way should come from each side of the street with the end result to be the 50-foot standard right-of way. Mrs. Zoch indicated that it was their understanding that 8.5 feet would come fi~om their property for the west side of Condit. However, they had their property surveyed two years ago and discovered that 73S feet was actually taken from them. Mrs. Zoch also indicated that in 7985 they were informed that their property would actually run to the middle of the street since the road would exist via an easement rather than dedicated right-oi=way. Mrs. Zoch acknowledged that they had an attorney representing their interests, and their attorney told them everything was fine. As a result of their survey, Mrs. "Loch iz 1VIINUTIIS CITY COUNCIL S:CPTi'1M f3ER 26, 2001 indicated they found out Condit Street exists as right-of way, therefore, their property actually starts at the edge of the right-of--way and does not extend to the middle ofthe street. Fahey pointed out that the plat, which was signed by Mr. and Mrs. Zoch in 7985, clearly indicates where the property line is as well as the right-of--way for Condit Street. Mrs. Zoch indicated that they were never told that 13.5 feet was being taken nor were they told that their property lice would start at the edge of the right-of--way. Fahey indicated that the issue appears to be one between the Zoch's and Mr. Lee as well as their attorney. Fahey pointed out that as part of the plat the loch's divided lots on Yorktau Ridge, and the Zoch's were not charged for the road improvement. Mrs. Zoch indicated that had they understood the amount of property that was being taken from them in 1955, they would have expected to have been paid for that property. Sealze indicated that it was her recollection that the Zoch's and Mr. Lee were exchanging some property as part of their transaction. Scalze pointed out that the City did not advise the Zoch's to exchange property. Mrs. Zoch stated that the City influenced them to taI<e part in the plat. Since it appeared that the plat would be good for the City, they decided to take part in it. Part of the agreement with Larry Lee, however, was that he was to pay all costs. Mr. Zoch reconfirmed their position that they were not aware that 13.5 Feet of right-of--way was being taken from their property. Mr. Zoch indicated that they never intended to dedicate that extra 5 feet that was taken, and asked that the land be returned. Fahey indicated that he was not willing to return the 5 feet of property and felt the question is whether or not the City is obligated to compensate the Zoch's for this land. The City Administrator calculated that approximately 1,850 square feet of additional land was taken from the Zoch property. At a rate of $1.07 per square foot, which is the price the "Loch's received for some property they sold Larry Lee in 1955, the amount of compensation being discussed is $1,979.50. Mi .Zoch indicated that he would prefer to have the land back since he was concerned about preserving trees on his property. "fhe City Administrator indicated that there are no plans at this time to improve Condit Street. However, at the time the street is improved, it will likely be possible to place the pavement so as not to disturb the Zoch's trees. 13 MINUTES CITY COUNCIL S CP'T~MI3BI2 2G, 2001 Fahey felt that the City should resolve the issue of the additional 5 feet for Condit Street and compensate the Zoch's for this propeiYy. Mr. Fahey introduced the following resolution and moved its adoption: RF.SOL UTION NO. 2(101-9-209 - A IITHORIZING PAYMENT TO MR. AND MIZS. MARCF.1.7.OCF7 FOR THE ADDITIONAL FIVE FEET OF CONDIT STREET RIGHT-OKWAI' THAT WAS TAKENAS PART OF THF. PORI~TON NORTH PHASF, II P7 AT IN 1985 AS DISCUSSED THIS EVENING IN E~'CHAiVGE FOR A WAIVER OF ANY CLAIMS RELATIVE TO THLS MATTER The foregoing resolution was duly seconded by LaValle. Ayes (4) Fahey, LaValle, Montour, Scalze. Nays (0). Resolution declared adopted. RIC.HIr The Cit}~ Administrator reported that Mr. Bill Schorr would like to pursue COVC+NANT the division of a lot from the .Richie property. The Administrator pointed AG~RI;EM~I;NT out that there was a subdivision of the Richie property approved in 2000. At the time of subdivision approval, the Council required a covenant agreement that there would be no additional divisions of this property. This covenant was required since the City was considering adoption of a thoroughfare plan for the area. The Administrator pointed out that since that time, the Council has decided not to formerly adopt athoroughfare plan The Administrator also pointed out that the thoroughfare plan that was being considered did not contemplate a road connection to LaBore Road through the Richie property. Scalze pointed out that should Mr. Schorr pursue another division of the Richie property, the land in the back would essentially be landlocked. The City Planner replied that this was correct, and the only way to develop the back of the Richie property would be to improve a road in the back. The City Planner pointed out that at the meeting the City had with property owners in the area, they were informed that without a road improvement, their back properties would be landlocked. Bill Schorr stated that Mr. Richie is aware that if he divides another loi along LaBore Road, he back property is landlocked. The City Administrator reported that the covenant has never been executed and the first property division that Mr. Richie requested has not been finalized. Fahey stated that his concern would be that the back property would be landlocked, and then in the future the City would be approached with a development proposal for the Richie property for additional lots in the back 14 MINUTES CITY COUNCIL SUPTT/1ViBTI2 26, 2001 that would be accessed via a driveway. Fahey stated that he wanted to be sure Mr. Richie was aware that another lot split will landlocl< his back property and that the City would not approve any additional lots unless there was a formal road improvement to access the lots. The City Adminish'ator questioned whether or not the covenant still applied given the Council's decision not to adopt a thoroughfare plan for the area. The City Planner pointed out that even if the thoroughfare plan had been adopted, a road connection to LaBore Road would not likely occur through the Richie property. Fahey noted that Mr. Richie must be aware that any requests for future division of his property must meet all City code requirements. Mi'. Fahey introduced the following resolution and moved its adoption: RESOI.ZITION NO. 200X-9-2I0 -APPROVING TIIE CONCEPT OF ELIMINATING THE COVENANT AGREEMENT FOR TIIE RICHIF. PROPERTY BASED ON MR. ]377 L SCHORN'S' INTEREST IN SU73DIVlDING A LOT ON THE EAST END CIF THIS PROPERTY LOCATED 13Ab`ED ON THE DISC(Ib.SION THIS EVEMNG The foregoing resolution was duly seconded by LaValle. Ayes (4) Pahey, LaValle, Montour, Scalze. Nays (0). Resolution declared adopted. FINFIL I'AY The City Administrator reported that Great Western served notice on RI';QUEST - the City in small claims court relative to the County Road B-2/Dianna COUNTY Lane IiR station project for 13na1 payment 1=or their work on the project. ROAD B-2/ The City Adminisu'ator reported that a settlement had been negotiated D.IANNA with Great Western, however, the City was informed yesterday that LANI'; LC~T Great Western does not intend to abide by the settlement agreement and STATIONS will be pursuing Che court action. The City Administrator reported that he has asked for an extension of the courC date and anticipates that the case will be rescheduled for November. The City Administrator recommended approval of the fatal pay request subject to compliance with the settlement agreement that Great Western agreed to. If Great Western will not abide by that agreement, the City Administrator suggested that me meet with the City Attorney to determine au appropriate course of action. Mrs. Scalze introduced the following resolution and moved its adoption: RF_SO/.UTIONNO. 20(1.1-9-21I -APPROVING THE FINAL PAY REQUEST FOR COUNTT RUAD B-2/DIANNA LANE LIFT STATION li MINUTES CITY COUNCIL SI!,PTENI:BER 2G, 2001 PROJECT SUBJECT TO GREAT WESTERN COMPLYING WITH T1JE b"ETT7 EMBNT AGREEDIENT AS NECOTJATED WITI3 THE CITY AS RECOMMENDED 13Y THE CITYADMINLSTRATOR The foregoing resolution was duly seconded by LaValle. Ayes (4) Scalze, LaValle, Fahey, Montour. Nays(0). Resolution declared adopted. SENIOR The Council reviewed the proposal submitted by Ehlers & Associates for HOUSING a financial feasibility analysis of a senior housing project to be owned by FEASIBILTI'Y the City somewhere on the south side o~f Little Canada Road. PROPOSAL Mr. Fahey introduced the following resolution and moved its adoption: RE.S"OI,UT/ON N0. 20(11-9-212 -~IPPROVING TIfE SCOPE OF WORK AND FINANCIA/_ FEAb"//317 /TYANALY.SIS OFA SEN/OR FIOUSING PRO.IECT AS SU73A11'l'TED 131' EHI.ERS & ASSOCIA7 ES AT A COST NO%' TO E,ACEED $3,500 The foregoing resolution was duly seconded by Montour. Ayes (4) Fahey, Montour, Scalze, I_,aValle. Nays (0). Resolution declared adopted. ITALIANA Mrs. Scalze introduced the following resohrtion and moved its adoption: FESTIVAL AT THE RESOLUTION NO. 2007-9-213 -APP/LOVING THE ITALIANA VENETIAN I ESTIVAI. AT THE VENETIAN INN ON OCT013ER 7, 2001 FROM INN Ill A. M. UNTIL G P.A~ AS PRF,SENTED L3Y TAE CITYSTAFF The foregoing resolution was duly seconded by LaValle. Ayes (4) Scalze, LaValle, Montour, Fahey. Nays (0). Resolution declared adopted. TALSE The City Council reviewed the City Administrators report dated ALARM. September 20, 2001. relative to false alarms at the Oasis Market on ISSUES - Rice Street, Montow~ stated that he did not support abatement of the OASIS false alarm charges, and suggested that the Oasis Market should approach MARI{ET the canpany that services Cheir alarm system. The City Administrator noted that once ~roauagement was aware of the problem, they took the necessary steps to correct it. He further noted that Oasis Market has had no false alarms in 2001. The Administrator felt it I6 MINUTES CITY COUNCIL SEPTEMBER 2G, 2001 appropriate to abate two of the false alarms given the extreme issues iu this matter. Comicil noted Oasis M.arl<et's recommendation that the City's false alarm fine structure be changed. The City Administrator felt the fine schedule was appropriate and recommended it remain as is. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 2007-9-214 -APPROVING THE ABATEMENT OF TWO FALSE ALARM FINF.,S AMO TINTING TO A TOTAL OF $.1, 000 FOR OASTS MARKET AS RECOMMENDED BI' THF. CITY ADMINISTRATOR The foregoing resolution was duly seconded by LaValle. Ayes (3) Fahey, LaValle, Scalze. Nays (1). Montour. Resolution declared adopted. REDEVELOP- The City Administrator reported that the R. J. Marco development proposal MENT (SSiJES for Country Drive has been withdrawn. Another party has expressed an interest in this parcel, and the Administrator indicated that he should have more information within the next couple of weeks. The Administrator reported that he has continued discussions with Oppidan and it appears that the $6,100 cost of a Response Action Plan (RAP) that is needed to remediate the site to be paid by the developer is not acceptable to Oppidan. The Administrator indicated that he informed Oppidan that if the RAP indicates that the costs of remediation exceed available resources, then the City would reimburse the $6,100. Paul Tucci of Oppidan indicated that he will discuss the issue fw'ther with his partners. The City Administrator pointed out that there is another developer interested in the Rice Street/Little Canada Road site. He suggested that given that at this point a development agreement is not finalized with Oppidan, that he draw up the parameters of a development agreement. He would then submit it to both Oppidan and the other interested party and see which party is willing to perform accordingly. Mr. hahey introduced the following resolution and moved its adoption: RESOLUTION NO. 200]-9-21 S -1NS'/RUCTING THE CITY ADMINISTRATOR TO SUBMIT DEVE/.OPMENT AGREEMENT PARAMETERS TO TIDE TWO DEVELOPERS INTERESTED IN THE RICE STREET/I_7TTLE CANADA ROAD REDEVELOPMENT SITE AND 17 MINUTES CITY COiJNCfI. SEPTEMBER 2G, 2001 INFORA4 THEM THAT TFIE CITY WIL7.13E TAKING PARALLEL PATHS IN NEGOTIATING FOR A RFDE f~l]_OPMENT PRO.IFCT ON THLS SITU The foregoing resolution was duly seconded by LaValle. eyes (4) Fahey, LaValle, Scalze, Montour. Nays (0). Resolution declared adopted. S.ENiOR The City administrator requested authority to negotiate an option agreement I30USING for property located in the vicinity south of Little Canada Road and Rice PROJECT Street for potential development as senior housing. The agreement would then be presented to the Council for approval. Mrs. Scalze introduced the following resolution and moved its adoption: RESOI IJTION NO. 2001-9-216 - A DI'IfORIZING THE CITY ADDHNSITRATOR TO NEGOTIATE AN OP770NAGREEMF.NT FOR PROPERTY IN THE RICE STRElI%LITTLE CANADA ROAD AREA FOR A POTENT IAI .SENIOR HOUSING PROJECT The foregoing resolution was duly seconded by LaValle. Ayes (4) Scalze, LaValle, Montour, Fahey. Nays (0). Resolution declared adopted. ADJOURN Mr. LaValle introduced the following resolution and moved its adoption: RESOI. U%'!ON NO. 2001-9-217 -ADJOURNING The foregoing resolution was duly seconded by Fahey- Ayes (4) LaValle, Fahey, Montour, Scalze. Nays (0). Resolution declared adopted. There being no further business, the meeting was adjourned at 10:00 p-m. _ _ ____ __ Micl ael 1. Fahey, Mayo Attest' _ ~_~_ ~~~•-_---~ .lo I~R. Hanson, City Administrator IA