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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. Page -12- 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, /- ~ / ~ ~ `` ~~ - "..r ~C_ -+_ ~ ~ % ' ~,e_ t.~ ath een Glanzer , Recording Secretary ` Page -13-