HomeMy WebLinkAbout01-28-81 Council Special MinutesMINUTES OF THE SPECIAL MEETING
CITY COUNCIL
LITTLE CANADA, MINNESOTFl
January 28, 1981
Pursuant to due call and notice thereof a spec9al meeting of the
Council of the City of Little Canada, Nlinnesota was held on the
28th day of January, 1981 in the Council Chambers of the City Center
located at 515 Little Canada Road in said City.
The Mayor, Mr. Raymond Nanson, chaired and called the meeting to
order at 7:35 P.M.
MEMBERS PRESENT: Mayor Mr. Raymond Hanson
Councilman Mr. Michael Fahey
Councilman Mr. Dennis Forsberg
Councilwoman Mrs. Mugs Nardini
Councilwoman. Mrs. Beverly Sca7ze
ALSO PRESENT: City Clerk Mr. Joseph Ch7ebeck
C~ty Flttorney Mr. Clayton Parks
Consulting Engineer Mr. Donald Carley
City Planner Mr. Brad Plielson
Recording Secretary Mrs. Kathleen Glanzer
Approval Of The City of Little Canada received a letter from Mr. Erwin Winter
Water Hook-up of 2736 Rice Street requesting permission to hook up to domestic water
To Rosevilie service from the City of Roseville.
Erwin Winter
Mayor Hanson stated that it has been City policy that the City make
it a condition of such authorization that if and when Little Canada
puts in a water system, these peop1e would be required to disconnect
from Roseville and hook up to Little Canada's system and would be
charged accordingly.
Mr. Winter informed the Council th~t he has spoken to the City of
Roseville and they will allow him to hook up. It will cost Mr. Winter
approximately $2,500 to hook up to Roseville's water system.
Mr. Forsberg suggested to Mr. Wirrter that perhaps he shou7d install a
new well and then hook up to Little Canada's system if and when one is
installed. In that way Mr. Winter would have the use of the well even
if he hooks up to Little C.anada's system.
Mayor Hanson stated that the City has a request from the Continental
Paking Company to be allowed to hook up to Roseville.
Mr. Fahey stated that the more people are allowed to hook up to Roseville,
the harder it wi11 be for Little Canada to get a watermain project
in this area.
Mayor Hanson stated that the people that are allowed to hook up do so
with the understanding that if and when Little Canada puts a water
system through, they will have to hook up ~ it.
There are presently three parties along Rice Street that are hooked up
to Roseville's water system.
Page -1-
MINUTES
City Council
January 28, 1981
Mrs. Scalze asked how close the City was to 9ns~alling water along Rice
Street.
The Engineer stated that the City held a hearing a couple ofi years ago
on this. Flt that time the Highway Department was planning on widening
Rice Street shortly. Now it appears that Rice Street will not be widened
unti1 1984. The Engineer recommended that water be installed before Rice
Street is widened. The Fngineer commented that it is better to let the
Nighway Department work around the City's watermain, than for the City to
work around the widening project when installing the watermain.
The Engineer also commented that if a lot of people on Rice Street hook
up to Roseville's system, the City will not need a watermain along Rice
Street. The City will then only need to do some looping of the watermain
lines.
Both Fahey and Scalze commented that if a project goes through the City
cannot take into account anyone hooked to Rosevil1e as being opposed to
the project.
PQrs. Scalze introduced the following resolution and moved its adoption:
RESOLUTION N0. 81-1-49 - GRANTING PERMISSION TO MR. ERWIN
WINTER TO HOOK UP TO ROSEVILLE 6dATER WITH TNE UNDERSTANDING
THAT WHEN FlND IF TFIE CITY OF LITTLE CANADFl INSTALLS A WFlTERMAIN,
MR. WINTER WILL BE CONSIDERED NOT IN OPPOSITIOPI OF THE WFlTERMAIN
PROJECT AND AT TNE TIME THE CITY IMSTALLS THE WATERMAIN ON RICE
STREET, MR. WINTER WILL QE REQUIRED TO HOOK UP TO THE CITY'S
WATER AND WI~L BE SUBJECT TO THE FlSSESSMENTS FOR THE IMPROVEMENT
Approval Of
Water Hook-Up
To Roseville
Continental
Baking Co.
Nayes (0).
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Pages 28 and 29,
The foregoing resolution was duly secon~ed by Mrs. Nardini.
qyes (5) Scalze, Nardini, Fahey, Forsberg, Flanson.
The City has rece9ved a request from Continental Baking Co, to hook up
to the City of Roseville's water system.
Mr. Fahey introduced the following resolution and moved its adoption:
RESOLUTION N0. 81-1-50 - APPROVING THE CONNECTION TO
ROSEVILLE WATER B THE CONTINENTAL 6AKING COMPANY WITFI 7HE
CONDITIONS THAT IF AND WtIEN LITTLE CANADA INSTALLS WATER
IN THAT AREA THEY WILL BE LIABLE FOR THE FlSSESSMENTS A~ID
WILL BE REQUIRED TO HOOK UP TO TFIE LITTLE CANADA WATERMAIN
AND WILL BE DEEMED IN FFlVOR OF THE u1FlTERMFlIN IMPROVEMENT
AT TFIE TIME IT IS PROPOSED
The foregoing resolution was duly seconded by Mrs. Scalze.
qyas (5) fahey, Scalze, Nardini, forsberg, Hanson.
Nayes (0).
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Pages 29 and 30.
Page -2-
MINUTES
City Council
January 28, 1981
Mr. Forsberg suggested that perhaps this is the time for the City to
consider installing watermain in this area. Mr. Forsberg commented
that Kellogg High School's well is getting bad and that Capita7 View
will also be needing water in the future.
Mr. Forsberg also pointed out that the St. Jude's project will be
looprng waterlines in their second construction phase.
Mayor Hanson suggested that perhaps a feasibility report should be
ordered on this watermain.
The Engineer commented that the water table appears to be dropp9ng in
this area and more people may be needing water.
Mayor Hanson also stated that the more water users the City has, the
better it will be for the City's bonding issue on the water tower.
The Engineer suggested that he could up-date the feasibility report he
already has on watermain for Rice Street and add any other areas the
City might want to include. The Engineer also informed the Council that
this would be a very good year to take bids on such a project.
Mr. Fahey introduced the following resolution and moved its a~option:
RESOLUTION N0. 81-1-51 - DIRECTING THE ENGINEER TO DO A
FE SIBILITY STUDY ON TFIE INSTALLATION OF WFlTERMAIN ON
RICE STREET FROM MINNESOTFl AVENUE TO LITTLE CANADA ROAD
AND INCLUDING FlNY NECESSARY LOOPING TO IONA LANE, DEMO~lT
FlVENUE, COUNTY ROFlD B-2 IN ORDER 70 LOOP THE WHOLE SYSTEM
IN THAT AREA
The foregoing resolution was duly seconded by Mrs. Scalze.
Ayes (5) Hanson, Fahey, Scalze, Forsberg, Nardini.
Nayes (0).
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Page 30.
Mayor Hanson stated that Mr. Winter and Continental Baking should be
notified that this feasibility study has been called for and there is
a possibility of Little Canada installing a water system in this area
in the near future.
Planner's The Attorney stated that he has reviewed the Planner's contracts, and
Contracts there is some language that the Flttorney would lfke corrected,
For Planning
Services In the Planning Services contract the Flttorney is suggesting the
And Zoning following corrections: on page 1 under Article 1, the first line should
Administration read, "That the Municipality does hereby agree to employ..,", and the
Assistance H~ord "defined" in the last line of that Article shou7d be changed to
"described".
Under Article 4 on page 2 of the contract, the word "under" should be
changed to'~escribed in". Under Article 6. A., the word "shall" should
be changed to "may".
Page -3-
MINUTES
CITY COUNCIL
January 28, 1981
The Attorney stated that the item pertaining to expert testimony
in the Rate Schedule concerns him. It reads Hourly Rate - P1inimum
Charge $300.00. This rate was unclear to the Attorney.
The Planner stated that the rate would be the hourly rate for the
staff inember that was testifying with a minimum of $300.
Councilman Fahey questioned why thF City shoiald pay for expert testimony.
The City has a Planning Agreement with the Planner and this should just
be billed according to the rate schedule for that agreement with no
minimum charge.
The Planner state~ that he would discuss this with Mr. Dave Licht of
Northwest Associated Consultants.
The Attorney stated that in the Professional Planning Services contract
the same corrections for Article 1 of that agreement apply as for the
previous contract discussed.
Under Article 4 in the first line the word "under" should be changed to "des-
cribe~ in". Under Section B. of Flrticle 4. the word "Client" should be
changed to "Municipality". In Article 6. A., the word "shall" should be
changed to "may".
The Attorney a1so stated that there are many instances in the contracts
where the City Council is re~erred to. The term "City Council" is not
defined in the contracts, and the City Counci7 is not a party to the
agreements. The Flttorney suggested that the word "Municipality" be
substituted.
Mrs. Scalze stated that where the contracts state that a p1an will be
submitted to the City Council, the use of "City Council" is O.K. in that
instance.
Mayor Hanson stated that the Council will de7ay approval of these
contracts until Northwest Associated Consultants changes the contracts
to comply with the Attorney's recommendations.
~omprehensive The Planner submitted to the Council an addendum to the City`s Comprehensive
Plan P1an. The Planner reported that the Addendum was necessary, as the
Addendum Metr~ Council has suspended review of the City's Comprehensive P1an
unti1 they receive some additional information. The additional
information is contained in the addendum. The Planner stated that
there is nothing controversial contained in the addendum.
The Planner suggested that the City consider adopting the PCFl's
WPC-40 regulations for on-site sewers. Mr. Nielson will get the City
a copy of these regulations.
Mrs. Sca1ze introduced the following resolution and moved its adoption:
RESOLUTIOP! N0. 81-1-52 - APPROVING 7HE COMPREHENSIVE
PLAN ADDENDUM
Page -4-
MINUTES
City Council
January 2B, 19II1
The foregoing resolution was duly seconded by Mrs. Nardini.
Pyes (5) Scalze, Nardini, Hanson, Forsberg, Fahey.
Nayes (0).
Reso1ution declared adopted.
This resolution appears in Resolution Book No. 7, Page 31.
Housing Plan The Planner reported that the Metro Counci7 has requested the City's
low and moderate housing projected needs through 1990, The City
had projected their needs in this area for a ten-year period, 1977
through 1987, in the Comprehensive Plan. Fiowever, now the Metro
Council is requesting these needs through 1990.
Mr. Nielson stated that the Metro Council is concerned with seeing
that moderate and low income housing is disbursed through the metro
area.
Mr. Nielson also commented that the Metro Council has come up with
a range for the low and moderate income housing that each City should
meet. Mr. Nie1son commented that even the 1ow end of the range is
quite high in his opinion. However, low and moderate income houszng
is dependent on available funding, and with the present economy,
there is little or no funding available.
The Planner stated that in the Housing Plan he has indicated that there
are only 15 acres of R-3 zoned property and states that the City does
not want any more such zoned property. The Housing P1an states that
the City wi71 keep an open mind towards low and moderate income housing,
but they will not go out of their way to attract it.
Mayor Hanson stated that it is not mandatory that the City attract
additional low and moderate income housing.
Fahey said that he had no problem with the Housing P1an, as the Plan
is not a commitment on the part of the City.
Mrs. Scalze introduced the following resolution and moved its adoption:
RESOLUTION N0. II1-1-53 - FlPPROVING THE HOUSING PLAN
REVISIONS AS SET fORTH BY NORTNWEST ASSOCIATED CONSULTANTS
IN ACCORDANCE WITH TNE COMPREHENSIVE PLAN
The foregoing resolution was duly seconded by Mrs. Nardini.
Ayes (5) Scalze, Nardini, Fahey, Forsberg, Hanson.
Nayes (0).
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Page 31.
Vadnais Mrs. Scalze reported that Vadnais Heights has approved the construction
Heights of some apartments on County Road D. Mrs. Scalze stated that she checked
with the City Clerk at Vadnais Fleights and he informed her that these
plans were submitted to the City of Litt1e Canada in the Comprehensive
Plan of the City of Vadnais Heights nine months ago and the City of Litt7e
Canada approved this.
Page -5-
MINUTES
City Counc~il
January 28, 1981
P4rs. Scalze asked if the C~ty has received this comprehensive plan
and if so, who has it. Sca1ze stated that she has never seen the plan.
The Planner informed the Council that when the City receives a
comprehensive plan of another City, the Clerk refers the plan to him.
The Planner commented that he has Vadnais Heights' plan and will be
doing a review of it. The Planner stated that he just completed the
review of Maplewood's plan and will be submitting it to the Council
tonight.
Mrs. Sca1ze stated that she would like to look at Vadnais Fleights'plan
especially how it impacts on its borders with Little Canada.
The City Clerk of Vadnais Heights also informed Mrs. Scalze that they
are not required to notify surrounding property owners of an adjacent
City of what is taking place in Vadnais Heights.
The Planner stated that he thinks Vadnais He~ghts does most of its
apartment development through a conditional use permit. If so, it is
not required to notify the Little Canada property owners adjacent to
Vadnais Heights of proposed development for the area.
The Planner suggested that the City could register a complaint with
the Metro Council.
Maplewood The Planner submitted to the Council a copy of the Maplewood Comprehensive
Plan Review Plan Review. The Planner informed the Council that Maplewood's plan
is consistent with Little Canada's. Maplewood has changed their plan
as regards to the Beam Avenue extension dispute.
P1anner's The Planner submittetl to the Council a list of rezonings that should
Reports be considered in order to comply with the City's Comprehensive Plan.
The first suggested rezoning is a piece of Q-3 property along County Road
D that should be R-1 in the opinion of the Comprehensive Plan. There
is also a thin strip of PUD property in the same area that is suggested
as R-1 also.
Mayor Hanson stated that he would like to dig out the records to see how
this str~p of property ever got zoned PUD.
Next the Planner is suggesting that a small piece of I-1 property located
on County Road D be rezoned B-W. This zoning would be in compliance with
the use of the property.
Numbers 4 and 5 on the Planner's list are trailer parks. The Planner is
suggesting they be rezoned R-4, which is the zoning for trailer parks
under the Comprehensive Plan. This property is presently zoned I-1
and under the City's present Zoning Ordinance, they are non-conforming
uses.
Mrs. Nardini asked if the City could legally enforce a non-conforming use
situation.
Page -6-
MINUTES
City Council
January 28, 1981
The Planner stated that a non-conforming use could continue as it, but
it could not be expanded.
Mrs. Nardini stated that she sees the mobilehome park rezonings as a.
big problem. Nardini did not feel the trailer park owners would go
along with the rezonings.
Fahey stated that the trailer park owners will be hard pressed to show
that they intended to use their property for anything other than a trailer
park.
The Planner stated that trailer parks are often used as an interim use
for a property.
The Planner's sixth proposed rezoning is the north side of Round Lake
from General Bus9ness to R-1. The R-1 reflects the present use of the
property. The P7anner stated that there are non-conforming uses
and non-conforming structures in the area presently. The rezoning will
solve the non-conforming use problem, but not the non-conform9ng structure
problem in many cases.
N~~mber 7 is the property along Ruth Street that is presently zoned R-3,
The Comprehensive Plan is suggesting R-1 zoning for this area. Part
of this property is owned by Rocky Waite and he presently has a request
before the Council to change the zoning to PUD.
Fahey stated that he would like to see the whole piece of property
zoned PUD. The P7anner pointed out that before PUD can be granted,
a plan must be su6mitted for this property.
Fahey asked under what circumstances is the City able to deny someone
a building permit.
The Attorney stated that if the property is zoned for apartments, there
must be a good reason, other than the proposal just being apartments,
for the City to deny a building permit.
Councilman Fahey stated that the Council would have greater control of
this property if it were zoned PUD. The Planner stated that the
developer's agreement under a PUD zoning sets the standards for the
development of the property. Without a developer's agreement, there
would be no standards for the development of the property.
The Planner suggested that Rocky Waite's portion of the property coulcl
be zoned PUD, and the northern section should be zoned at least R-2
or as low as R-1.
Fahey asked if Mr. Schrier came in with a proposal for apartments if
the Council could do anything to deny the request. The Attorney stated
that Schrier could come in tomorrow with such a request, the only
reason he probably isn't is due to the financing situation.
Fahey pointe~ out that R-2 zoning is two-family, townhouses and quads.
If the Council rezoned the Schrier property that is presently zoned
R-1 to R-2, this might offset the downzoning of the rest of the Schrier
property.
Page -7-
MINUTES
City Council
January 28, 1981
Mr. Forsberg stated that the people living on Iona Lane will not want
to see any of Schrier's R-1 property upzoned to P,-2.
Fahey stai:ed that he would like to see the area townhouses rather than
apartment 6uildings. Forsberg stated that he was definitely opposed
to any more apartment buildings,
Mrs. Scalze stated that if the property was zoned R-2 the Council cou1d
not ensure that a 100 foot buffer zone wou1d be left between the
residential property on Iona Lane,
Fahey stated that he would like the Schrier property listed as #11 on
the Planner's list. Fahey asked if it would be advisable to have an
appraiser look at the Schrier property to determine what the devaluation
would be if it were downzoned. The Flttorney stated that that would be a
good idea.
The P7anner asked if it would make a difference that Schrier had a
specific plan for the property, rather than if there had not been a
specific plan. The Attorney stated that this would make a difference
in a court decision, the only thing that would weai<en his case is that
he has let so much time go by.
Councilman Fahey asked if there were any restrictions on the setbacks
from Round Lake. Fahey suggested that the City investigate whether
such requirements should be established. Fahey suggested that the City's
shoreline regulations be looked at.
The Planner reminded the Council that they did not adopt shoreline
regulations. If the C,ity does do, they must be consistent with the
State's regulations.
Fahey stated that if Schrier came in with a plan with setbacks of only
30 feet perhaps the City could deny it on this basis.
Mrs. Nardini stated that the City did require 1/2 acre lots on Diana
Lane and Reidmond.
Fahey suggested that perhaps the City's Uletlanci Ordinance be expanded
to cover this subject.
The Attorney pointed out 'that none of the City's wetland areas have
boundaries. The Flttorney suggested that the Council could have the
Wetland Ordinance amended and the boundaries of wetlands defined.
The Engineer stated that a minimum evaluation for a basement floor
could be set. The Planner stated that this would not he1p as much as
a specific setback.
Fahey stated that he would like the Attorney, Planner, and Engineer review
model wetland ordinances and perhaps revise the City`s wetlands map
and ordinance to protect the remaining areas of bodies of water the
City has from developments to close to shorelines.
The Planner suggested that a minimum rear yard setback from a lake be
adopted.
Page -II-
MI~lUTES
City Council
January 28, 1981
The Attorney suggested that they be called something rather than
rear yard. Lakeshore set6ack would be more appropriate,
Mr. Fahey introduced the following resolution and moved its adoption:
RESOLl1TI0N ~10. 81-1-54 - DIRECTING THE FlTTORMEY, f_MGINEER~
AND CIT PLFlNNER TO 4~lORK TOGETHF.R ON LOOKING AT Fl REVIENI OF
THE CITY`S WETLAND ORDINANCE TO MFlKE SURF TFIERE IS AN FlDEQUATE
MINIMUM SETBACK IN TFIE ORDINFlNCE FOR ANY COPISTRUCTION ON ThiE
LARGE BODIES Of WATER IN THE CITY AND TO PROPOSE A RF.VISION
TO TNE WE7LAND ORDTNANCE DEFINING THE AREAS SURROUNDING LFlKES
WNICH u!OULD BE CONSIDERED WETLFlPIDS
The foregoing resolution was duly seconded by Mr. Hanson,
~yes (5) fahey, Nanson, Forsberg, Nardini, Scalze,
Nayes (0).
Resolution declared adopted,
This resolution appears in Resolution Book No. 7, Page 32.
Fahey suggested that the setback could be defined in terms of footage
from the high water mark.
The Planner informed the Council that very shortly the City will be
required to atlopt a flood plain ordinance.
Number II on the Planner's list of proposed rezonings is the rezoning
of another trailer park from R-3 and B-3 to R-4, The City Clerk pointed
out that there are some single family residences in this area.
Number 9 is the area behind the Sleepy Ho11ow Flpartments, It is suggested
that due to the topography and wet area this property be rezoned from
R-3 to R-2.
Number 10 on the list is some property on County Road B presently zoned
I-1. It is suggested that this property be rezoned ¢W.
Mrs. Scalze asked if there was anything the City could due regarding the
proposal of Minnesota Mini-Storage to flatten the area it proposes to
develop. The Engineer informed the Council that Minnesota Mini-Storage
is coming in with a new plan for the development in which it will
have a bigger ponding area and leave the law area on the property open.
Zoning The Planner reported that in the PUD section of the Zoning Ordinance
Ordinance he would like to submit an amendment to the ordinance changing the
public hearing that must be held to the first phase of the process.
P,ezoning The Council then discussed the dates it would schedule for the public
Hearings hearings on the proposed rezonings. Council set up rezoning hearings
in accordance with the Planner's recommended list as follows:
February 25, 7981 - 1, 2, 3, 10; March 4, 1981 - 4, 5, 8, 9; Flpril 15,
1981 - 6, 7, 11.
Page -9-
rnr~uTEs
City Council
January 2.II, 1981
Mr. Fahey introciuced the following resolution and moved its adoption;
RESOLUTION N0, 81-1-55 - CALLIDIG FOR R,EZOPIING HEARINGS FOR
WED~IESDAY, FEBRUARY 25, 1981, WEDNESDAY, MARCH 4, 1981, AD1D
WEDNESDAY, FlPRIL 15, 1981
The foregoing resolution was du7y seconded by Mrs, Scalze,
qyes (5} Fahey, Scalze, Forsberg, Hanson, Nardini,
Nayes (0),
Resolution declared adopted.
This resolution appears in Resolution Qook No, 7, Pabes 32 and 33.
Street frid Mr, Forsberg suggested that the Engineer be instructed to determine a.
System street grid for the payne Avenue Area, Forsherg felt that when a
developer comes in for that area, he should have to comply with what
the City plans for the area,
The Engineer stated that he has a street plan for the area which he
developed a couple of years ago. Carley stated that he could update
this plan. Carley also stated that he could have this ready by the
next Council meeting,
The Flttorney said that he could check the State law and see what is required
for a hearing on such a plan, Fahey suggested that this hearing cou1d be
held at the same time the hearing was held on the rezonings for items 1,
2, and 3 of the Planner`s list discussed above,
The P1anner suggested that such a plan be incorporated in the Comprehensive
Plan,
Mr, forsberg introduced the following resolution and moved its adoption:
RESOLUTTON N0. 81-1-56 - DIRECTING THE ENGIMEER TO COME
UP WITFI A COMPLETE STREET GRID FOR THE P,OADS FOR THE FlREA
BETG!EEN PAYNE FlVENUE TO ARCADE STREET, COUNTY ROFlD D TO
LaBORE ROAD AND INSTRUCTING THE pLANNER TO REllIEW TFIIS
GRID AMD MFlKE ANY RECOMMENDATIQNS HE MIGHT HAVE ON IT
The foregoing resolution was duly seconded hy Mrs. Nardini,
I{yes (51 Forsberg, Nardini, Flanson, Scalze, Fahey,
Playes (0~,
Reso1ution declared adopted.
This resolution appears in Resolution Book ~lo. 7, Page 33,
Rezoning Councilman Fahey i.nstructed the City Clerk to inform the planning Commission
Nearings of the rezoning hearings. and invite them to attend,
Carl Spooner Councilman forsberg stated that a previous Council meeting it was said
Building that Carl Spooner never took out a building permit for a garage he 6uilt,
Permit Upon further investigation it was proved that Mr, Spooner did take out
such a permit on 8/30/73, Mrs, Nardini stated that this was an
oversight on her part.
Page -10-
MINUTES
City Council
January 28, 1981
Fire Dept. The Attorney stated that he has reviewed the Fire Department`s contract
Contract that they submitted to the City for approval. Mr. Parks commented that
he has 9 or 10 recommendations for amenciments in the contract.
The Attorney pointed out that the neat contract has a couple of clauses
that the old contract did not, One pertains to the Fire Department
agreeing to furnish the equipment and firemen and make every reasonable
effort to attend a fire. The second says that the Fire Department will
cooperate with other fire departments of other cities for mutual fire
protection.
The City Clerk stated that the City has been named in a law suit involving
a fire in Shoreview. The Flttorney felt this did not have to be covered
in the contract.
The Attorney also poirrted out that the new contract provides for an
automatic renewal unless either party gives the other 30 days notice.
The Flttorney is recommend~q that this be deleted and suggested that
the contract be reviewed each year as the City has done in the past.
There is also an advanced payment clause in the contract. This was in
the old contract as we11, but it was never ~forced.
The Attorney stated that Section 3.1, P~ge 3 of the contract says the
City shall also pay $70,000 to cover the costs of financing the Firemen's
Relief Fund. This amount sha11 be subject to increase as the by-laws
of the Relief Association are changed. The Attorney suggested that the
word "shall" be changed to "may".
Section 5.1, Page 4 under Duty of Care it says that the Fire Department
is not liable to anyone for failure to attend or put out a fire except
when willfully or grossly negligent in its operations. The Flttorney
stated that this is not necessary either for the department or the City.
This paragraph should be deleted.
The Flttorney also suggested that the following articles be deleted from
the contract as they are just excess verbage: Flrticles 6, 7, 8, 9,
11 and 12. The Headings & Caption section should also be deleted.
Mr. Hanson introduced the following resolution and moved its adoption:
RESOLUTION N0. 81-1-57 - INSTRUCTING THE CITY AT70R~lEY
TO FlMEND THE fIRE DE RTMENT'S CONTRACT AS PER HIS
RECOMMEMDATIONS
The foregoing resolution was duly seconded by Mrs. PJardini,
qyes (5) Fahey, Nardini, Flanson, Scalze, Forsberg.
~layes (0 ) .
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Page 34.
Fahey suggested that the City Attorney send his suggestions to the Fire
Department's attorney so that he can redraft the contract.
Page -11-
MINUTES
City Council
January 2~, 19II1
Appointment
Of Building
Inspector
Mrs. Nardini recommended that the C,ouncil appoint Mr. Larry Squires
as the City's Building Inspector for the remainder of 1981.
Mr. Forsberg introduced the following resolution and moved its adoption:
RESOLUTION N0. 81-1-58 - APPOINTING MR, LARRY SOUIRES
AS TH- E CITY~S BUILDING IDlSPECTOR FOR THE Rf..MFlIMQER QF
1981
Sprink7er
Systems
The foregoing resolution was duly seconded by Mr. Hanson.
Ayes (5) Forsberg, Hanson, Nardini, Fahey, Scalze.
Nayes (0),
Resolution declared adopted.
Th9s resolution appears in Resolution Book No. 7, Page 34.
The City Clerk reported that he is do9ng research into the inspections
of sprinkler systems, Mr, fhlebeck stated that he will make a report
to the Council when his research is completed.
Mr. Fahey suggested that the City Clerk could contact the City's insurance
company to see what their procedure is with regard to inspection of
sprink1er systems.
Variance Mayor Hanson reminded the Council of the variance request the Council
Request recently had before it from Mr. Demont for a lot he ownes that does not
Qy Mr. meet the City's requirements for square footage. The lot is a corner
Demont lot and it falls short of required square footage by £i90 feet.
The Mayor posed the question that if the Council denies the variance
could it be said that the property was rendered useless and could the
property owner legally request that the assessments against the property
be abated,
The Flttorney stated that it is a unique situation and that there is a
hardship in this case. The Flttorney also stated that if the variance
was denied, the C~ty may not be able to assess the property, The Flttorney
also stated that the City cannot compel a~roperty owner to purchase
additional property to make the property meet square footage requirements.
The City Clerk reported that the property owner can meet the City's
required setbacks, it is just the total square footage requ~rement
than cannot k~e met,
Mr. Fahey sta~ed that in granting a variance the Council can consider
special conditions that exist in the case of an existing lot for insufficient
area or shape of the lot,
Mayor Hanson also stated that if the Counci1 vacated Lake Street, the
property would no longer be a corner lot.
P7ayor Hanson asked about the situation u!ith the property owners having
25 foot loi:s in this area.
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MINUTES
City Council
January 28, 1981
The Planner stated that it was his suggestion that if a property met
70% ofi the area requirement it could be considered for a variance as
long as setbacks coulcl be met. The Planner suggested that the Council
should decide the smallest lot that a house could be built on.
The P7anner stated that if setbacks are met, the City has accomplished
what the 11,000 foot area requirement intended to do.
~1r. Fahey stated that the Planning Commission should take ~ look at this
whole area. Fahey st~ted that he would like to see what happens with
Lake Street.
Fldjourning Mr. Flanson introduced the following resolution and moved its acloption:
RESOLl1TI0N h0. 81-1-59 - FlDJOURPIING
The foregoing resolution was duly seconded by Mr. Fahey.
Ayes (5) Flanson, Fahey, Sca1ze, Forsberg, Nardini,
~ayes (0).
Resolution declared adopted.
This resolution appears in Resolution Book No. 7, Page 35.
There being no further business, the meeting was adjourned at 10:55 P.M.
RespectPully submitted,
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`` ~~ - "..r ~C_ -+_ ~ ~ % ' ~,e_ t.~
ath een Glanzer ,
Recording Secretary `
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