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HomeMy WebLinkAbout03-11-81 Council MinutesMINUTES OF THE REGULFlR MEETING CITY COUNCIL LITTLE CFlNADFl, MINNESOT~ P9arch 11 , 1987 Pursuant to due call and notice thereaf a regular meeting of the Council of the City of Little Canada, Minnesota was he1d on the 11th d~y of March, 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 ca7led the meeting to order at 7:32 P.P~. MEMBERS PRESEN7: Mayor Mr. Raymond Flanson Councilman Mr. M9chae1 Fahey Councilman Mr. Dennis Forsberg Councilwoman Mrs. Mugs Nardini Counc9lwoman Mrs. 6everly Scalze ALSO PRESENT: City Clerk Mr. Joseph Chlebeck City Attorney Mr. Clayton Parks (arrived 8:00 P.M.) Consulting Engineer Mr. Donald Carley City P7anner Mr. Brad Nielson Recording Secretary Mrs. Kathleen Glanzer Approval P4r. Fahey indica~ed that the first sentence on page 9 of the minutes ~~ of the February 25, 1981 special Council meeting shou1d be deleted. Minutes Mrs. Nardini stated that the minutes of February 25, 19~31 should indicate that the appraisal information she gave on page 8 of these minutes was information received by her from the City Flttorney, who had to leave the meeting early. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-108 - APPROVIPIG TNE P7INUTES OF THE FEBRUARY 17, 1981 REGULAR COUNCIL MEETING FlND TNE MINUTES Of TNE FEBRUFlRY 25, 1981 SPECIFlL COUNCIL MEETING SU6~EC7 TO TEIE CHANGES OUTLTNED ABOVE The foregoing reso1ution was duly seconcled by Mrs. Scalze. Ayes (5) Fahey, Scalze, Nardini, Fianson> Forsberg. Nayes (0). Resolution declared adopted. This reso1ution appears in Resolution Book No. 7, pages 69 ancl 70. Public Mayor Fianson opened the public hearing on the use of 1981 12th Flearing Entit7ement Revenue Sharing Funds. The funds amount to $56,66II.00. Use Of Revenue The proposed use of the funds is for police protection in 1981. Sharing Funds There was no one present wishing to speak on this subject. Page -1- MINUTES City Council March 11, 1987 Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-109 - CLOSING THE PUBLIC FIEFlRIMG ON TFIF USE OF REVENUE SNFlRING FUNDS The foregoing resolution was duly seconded by Mrs. Nardini. Ayes (5) Fahey> Nardini, Hanson, Forsberg, Scalze. Nayes (0). Resolution declared adoptecl. This reso1ution appears in Resolution 6001< No. 7, Page 70. Mrs. Scalze introcluced the Pollowing resolution and moved its adoption: RESOLUTION N0. 81-3-110 - DECLFlRING TFIFl.T THE 1981 REVENUF SHARING 12th ENTITLEMENT IN THF.. AMOUPIT OF $56,668 WILL BE USED F(lR POLICE PROTECTION The foregoing resolution was duly seconded by Mr. Forsberg. Ayes (5) Scalze, Forsberg, Hanson, Nardini, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 70. Guzik Mr. and Mrs. John Guzik appeared before the Council requesting reconsider- Water ation of their request to hook up to City water on Little Canada Road Flook-Up from their property located in the Schletty uloods Addition. The Council Request had previous7y tab1ed consideration of this request at a previous Council meeting. Before the matter can be reconsidered, it must be removed from table. Mr. Hanson introcluced the following resolution and moved its adoption: RGSOLUTION N0. 81-3-111 - REMOVING TI-IE GUZIK NIFlTER HOOK UP REQUEST FROM TA6lE The foregoing resolution was duly seconded by Mrs. ~lardini. qyes (5) Hanson, Nardini, Scalze, Forsberg, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 71. Mr. Pierre Regnier, an attorney representing Mr. and Mrs. John Guzil<, appeared before the Council requesting that the Guzik's be a1lowed to hook up to water on Little Canada Road. Mr. Regnier informed the Council that Mr. Guzik had informed him that Counci1 requested the Guzik's to have a petition s9gned by their neighbors stating that the neighbors were not opposed to the Guzik's hooking up to water on Little Canada Road. Mr. Regnier stated that the Guzik's were not able to get 100% of their neighbors to sign such a petition. Page -2- MINU7E5 City Council March 11, 1981 Mr. Regnier indicated to the Council that he knows of no City ord~nance that denies someone the right to hook up to City water when it is available. Mr. Regnier stated that he feels the Guzik's shou1d be allowed to hook up to water on Little Canada Road. The Guzik's are also willing to be assessed for watermain improvement should Schletty Drive ever be improved in such a way. P1r. Regnier informed Councilmembers that the Guzik's are p1anning to build a house under the FHA 235 program, and the cost of having to install a well would put them over their cost limit under this program. In order to qualify under the 235 Program, therefore, they must hook up to City water. Mrs. Scalze statecl that she wanted to make it clear that ~he Council did not leave the decision of whether the Guzik's would be allowed to hook up to City water up to the residents of Sch7etty Woods. Scalze also felt that al1owing the Warha7l's to hook up to water on l_ittle Canada Road was a mistake. Scalze was not in favor of allowing anyone to hook up to City water at no cost. Mrs. Sca1ze stated that if the Guzik's were al7owed to hook up, they shou1d be assessed for watermain and that money placed in escrow as a pending assessment on Schletty Road. Mr. Fahey stated that he saw no good reason for not allowing the Guzik's to hook up to vdater on L9ttle Canada Road. The water is available, and the Guzik's have ~greed to pay their fair share of the assessments on Schletty Drive for watermain improvement. Fahey also felt that the neighbors shoulcl not determine whether or not the Guzik's should be allowetl to hook up to water. Mrs. Scalze indicated that when people along Rice Street hook up to Roseville's water they must pay a fee to Roseville. Mrs. Nardini asked if the Counci7 would be liable -in some way for the people they have not allowed to hook up to water on Litt1e Canada Road if the Guzik's were a1lowed to hook up. Mrs. Scalze stated that the Germain's have informed the Council that the City should pay for the cost of their well, as they were informed that they could not hook up ~o water on Litt1e Canada Road. The City Clerk indicated that at the assessment hearing it was deci~ed not to a71ow the people from Schletty Uloods to hook up on Little Canada Road. That is why the Germa9n's were not allowed to hook up. When the Warhall's requested water on Lit~le Canada Road, the Engineer recommended that they be allowed to hook up. Also when Mr. Germain came in for a building permit, the water 19ne was not installed on Litt1e Canada Road. Mrs. Scalze indicated that the lots between Schletty Drive and Little Canada Road are double-fronting lots. The 20 foot easement along Little Canada Road is a scenic easement. Mr. Fahey recommended that the Guzik's be assessed for watermain improvement on Sch7etty Drive at this time> and the money be put 9n escrow. Page -3- MINUTES City Council March 11, 1981 Mr. Regnier stated that if there were an assessment hearing, the Guz9k's wou1d not be opposed by paying their assessmen~. Mr. Regn~er also informed the Council of a court case invo7ving the C9ty of Arden Hills. In the case, the City made a mistake in granting someone a building permit. There was another request for such a permit, which the City denied. The Supreme Court said that even though it was against the City's ordinance to grant such a permit, someone else received the same approval, and the permit must be granted. There cannot be unequal treatment. Mrs. Scalze stated that if the City assessed the Guzik's for water improvement on Schletty Drive, it wou1d have to show in the property's legal documents, so that if the property were sold, the new owners would be aware of the assessmen~. P4rs. Scalze a1so pointed out that the City Flttorney was not yet present at the meet~ng, and the Counc91 should not be speaking about legal matters without the Flttorney present. Mr. Forsberg, in referring to the court case involving Ar~en FIi11s, stated that he did not 1ike the idea of being told a city must make the same mistake twice. Mr. Hanson commented that Sch1etty Woods is a small neighborhood and eventual1y water wi11 go down th~t street. Flanson was concerned that the City would create a~isservice to the other residents of Schletty Woods by allowing the Guzik's to hook up to City water on Little Canada Road. Flanson felt that perhaps ~he City should call for a hear9ng on the improvement of Schletty Drive by watermain. Mrs. Nardini pointed out that the City is considering a major water project this year, and Schletty Drive cou1d be included. The Engineer stated that if a hearing was he7d on Schletty Drive, and watermain was ordered, the Guzik's could hook up on Little Canada Road right away because the improvement was already ordered for Schletty Drive. Counci1 decided to table further discussion of the matter until the Attorney arrived at the meeting. Linden Mrs Mona Cusick appeared before the Council requesting the property Property division of some property located on Lake Gervais which is owned by Division Mrs. Linden, Mrs. Cusick's grandmother. Mrs. Scalze felt that removal of the garage located on the property should be made a condition of any property division. Mrs. Nardini pointad out that a 4 inch variance would be required should the property division be approved. The P7anner suggested that the property 1ine be moved so that the property division would result with a 76 foot 1ot being created. In this way a variance would not be necessary. Page -4- MINUTES C9ty Council March 17, 1981 Mrs. Cus~ck ind~cated that she had no problem with the Planner's suggestion. The Planner also suggested that a performance bond be obtained to ensure that the garage be removed. Mayor Hanson indicated to Mrs. Cusick that she should come back with a certified drawing of the proposed property division. Council will take action on the property division at the time it received the certified drawing. The P7anner asked if on a simple property divis9on the City should require drainage and utility easements. 7he Engineer stated that in some cases it shoulcl, but there was no reason to do so in this case. Guzik 7he Mayor 9ndicated that the City Flttorney had now arrived at the Council Water meeting, and without objection the matter would be removed from table. Hool<-Up Request Mayor Flanson informed the City Attorney of what had previously transpired at the meeting regarding the Guzik water hook up request. Regarding Attorney Regnier's comments regarding the court case invo1ving the City of Arden Hills, Attorney Parks stated that the courts would not consider the first action of the City Council as a mistake. The courts would feel that actions of the City Council should be applied uniform7y. The City would have to show that to a11ow Purther water hook ups on Little Ca.nada Road from properties fronting on Schletty Drive would be detrimenta7 to the City. Mr. Parks stated that the Cuzik's could be allowed to hook up if no one e1se wou1d have to pay a greater cost by this being allowed. Mayor Hanson reminded the Council that Mr. Germain had requested the City to reimburse him for his well as he had to instal7 one when he was not a7lowed to hook up 'to water on Little Canada Road. The City Clerk s~ated that Germain took out his building permit on June 7, 1979 and water was not ready unti1 the Fall of 1979. 7he Flttorney stated that the cost of Cermain's well has nothing to clo with the issue before the Council. Mrs. Scalze pointed out ~hat the Warhall's did not pay anything to hook up to City water. Scalze felt this was not fair to the rest of the people paying a front footage charge. Sca7ze suggested that the City hold a hearing and assess those hooking up on Little Canada Road from Schletty Woods and put the money in escrow. Flttorney Parks stated that this was the only way to handle the assessment part ofi the issue. Parks felt there would be no cause for complaint if money was set aside for watermain improvement on Sch1etty Drive from the Guzik's. Parks a1so 9ndicated that the City wou1d have to assess Warhall at the time the rest of the property owners in Schletty Woods would be assessed for water on Schletty Drive. Page -5- rnz~iurEs City Council March 11, 1987 Mr. Fahey stated i;hat the City should assess the Guzik's as the City assessed the people on Little Canada Road, and then when waterma9n went in on Schletty Drive, they would be further assessed for the difference between the two improvements or refunded if the Schletty Drive improvement was less expensive. Mayor Flanson suggested that a hearing be called for watermain improvement on Sch1etty Drive. Hanson Fe1~ that the residents of the area wou1d be in favor of water. Mr. Regnier indicated to the Council that his c1ients are planning to build under FHA's 235 program. Regnier stated that this money could come to an end at any time. They would lil<e to start construction this spring. The Guzik's are also willing to place money in escrow for watermain improvement on Schletty Drive. Mr. Regnier also stated that the Guzik's cannot yet startecl until they have approval to hook up to City water. Mr. Fahey stated that he was not in favor of a water improvement hearing on Sch1etty Drive. The Council just had one six months ago, and the residents of the area did not want water. The residents of the area are just concerned that they will have to pay more for assessments should the double-front9ng lots be al1owed to hook up on Little Canada Road. Fahey indicated that the residents would not have to pay more for assessments due to this. Mayor Hanson stated that he is just trying to consider the rest ofi' the residents of Schletty Ploods. Mrs. Sca7ze stated that the residents of Schletty Woods do not want water, and would not even 1ike if this were petitioned for by the City. These people thought that the water situation was solved several months ago. Mrs. Nardini asked about the removal of trees on the 20 foot easement along Litt7e Canada Road. The Engineer stated that this is a private easement. The Flttorney stated that the Guzik's would have tn get permission from whoever controls the easement if they neecied to remove trees to get their water7ine through. Flttorney Parks stated that he could find out who control1ed the easement. The City C1erk indicated that the money assessed the Guzik's wou7d have to placed in escrow so that it could go against any improvement of Schletty Drive by watermain. Mr. Regnier asked what would happen if watermain was never installed on Schletty Drive. Council fe1t that at some time, this improvement will go in. Mayor Hanson stated tha~ he would like to have a hear9ng for watermain improvement on Schletty Drive and that he was opposed to the Guzik's being al1owed to hook up to water without this hearing. Page -6- MI~IUTES City Council March 11, 1981 The City Clerk suggested that any assessment hearing not be called until the Fall as interest would have to be paid from the day that the assess- ment ro17 was adopted. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTI0~1 N0. 81-3-112 - APPROVING THE R[QU[ST FOR Fl WATER HOOK-UP ON LITTLE CANADA ROAD FOR TNE GU7_TK'S SUBJECT TO THEIR ENTERING INTO AN AGREEMENT WITH TFIE CI7Y FlS FOLLOWS: THAT THEY AGREE TO PAY AN FlSSESSMEN7 IN THE FlMOUNT OF $7,792 WFIICFI IS A CHARGE FOR THE FRONT FOOTAGE FOR W/ITERMFlIN IMPROVEP+IEDlT FlND A $250 WFlTER FIOOK-UP ChIARGE FOR Fl TOTFlL FlSSESSME~IT OF $1,Q42 FlND THFlT THEY FlGREE TO PLACE ThIIS ASSESSMENT IN ESCROW FlS TNETR CONTRIBUTION TOWARDS ANY ~lFlTERMAIM IMPROVEMENT ON SCHLETTY DRIVE; AND TFIFl7 THEY AGREE THFlT If FlND WHEN WATERMAIN IS PUT IN ON SCHLETTY DRIVE THAT THEY WILL PAY THE DIFFFRENCE BETWEEN THE $1~.90 CHFlRGED PER FRONT FOOT FOR THIS IMPROV[MEDlT ON LITTLE CANADA ROAD AND THE COST fOR THE IMPROVEMENT 0~1 SCHLETTY DRIVE, AND IF 7FIE FlSSESSMENT IS LESS, TFIEY WILL BE REBATED FOR THE ASSE.SSMENT TO TFIFlT EXTENT; FlND THEY FlGREE TI-IAT THEY WILL BE DEEMED 70 BE IN FAVOR OF ANY IMPROVEMENT BY WA7ERMAIN TFIAT MAY BE PETITIO~IED FOR ON SCHLETTY DRIVE; AND THAT /1LL OF TFIE FlQOVE CONDITIONS WILL BE NOTED IN TFIE GUZIK'S ABS7RACT BY THIS RESOLUTION The foregoing reso1ution was duly seconded by Mrs. Scalze. qyes (4) Fahey, Scalze, Nardini, Forsberg. Nayes (1) Hanson. Resolution declared adopted. This resolution appears 9n Resolution Book No. 7, Pages 71 and 72. CUQ There was no one present from Cub foods regarding their expansion p7ans. Expansion Greenwood The City Clerk submi~ted to the Council for their information materia1s Proposal regarding the Greenwood development proposal. Mr. Forsberg stated that concern was expressed at the P1anning Commission meeting regarding the people who woulcl be residents of the Greenwood deve7opment and their walking to bus 1ines, etc. Mrs. Sca1ze also pointed out that Greenwood 9s proposing an apartment building. Mr. Fahey suggestecl that discussion of this proposal be delayed until the developers request Counci1 consideration. Frank Mr. Frank Frattalone appeared before the Council with site plans for Frattalone the proposed development of his property located on Spruce Street. Bu~lding Mr. Frattalone indicated that he is wil1ing to comply with a17 the recommendations made by the City Planner in his report dated March 2, 1981. Page -7- MINUTES City Council March 71, 1981 Mr. frattalone ~ndicated that he changed the elevation of his proposa1. Fle also moved the bu~lding back 10 to 75 feet. Mr. Frattalone indicated that he has submitted a landscape plan. The size of the ponding area was not changed. The size of the blacktopped area was reduced. Mayor Ilanson asked Mr. Frattalone his plans for improving Spruce Street. Mr. Frattalone informed the Council that he and Messrs. Schrier and Mogren are planning to improve Spruce Street to a 9-ton road. Mr. Frattalone did not know when the road would be comp1eted, as he could not speak for Messrs. Mogren and Schrier. However, Frattalone thought that the road could not be completed before a year's t9me. P7r. frattalone informed the Council that he is planning to put in 9 to 10 inches of base and three inches of b7acktop. Mr. Carley, the City Engineer, stated that this would be a 9-ton road. P4r. Frattalone stated that he and the other property owners would put the road in and turn it over to the City. Mr. Forsberg indicated that the road would have to meet City standards before it would be accepted. Mr. Fahey questioned why Mr. Ryan was not required to do this. Mr. Forsberg indicated that at the time the City issued Mr. Ryan his last building permits Mr. Ryan was informed that the road would have to be brought up to City standards before any further building permits were approved. Mrs. Scalze asked how the City assesses the cost of a new road. The Engineer informed the Council that the City assesses 100% of the cost of a new roa~ to the property owners involved. Mr. forsberg questioned how the Fire Department could provide fire protection without the road improved. Mr. Frattalone indicated that you can get into the property. Mr. Forsberg stated that he would not oppose the road being constructed with the base put in and a 12 month period before the b7acktop would be insta71ed. Mr. Frattalone stated that that would be agreeab1e with him. Mr. Forsberg a1so stated that the base wou1d have to be maintained. Forsberg stated that the road should go a11 the way to Ry~n's road. Forsberg also questioned when South Owasso wou7d be overlayed. Mr. Frattalone stated that Mr. Ryan has asked him not to use his road as it is breaking up. Fratta1one also stated that South Owasso shou1d be upgraded to a 9-ton road. Frattalone felt that right now it shou7d be graded as a 7-ton road. Mayor Hanson suggested that the road restrictions could be taken off South Owasso as it will be overlayed anyway. Dick Boss ~indicated to the Counci7 that the County is considering removing road restrictions on Flpril 1. Mr. Forsberg state~ that he is not in favor of removing the road restrictions on South Owasso until the County removes them. Page -B- MINU7ES City Counc~l March 11, 1981 Mr. Frattalone felt that the road could be posted at 7 tons right now. Frattalone also ind~icated to the Council that he would like to start construction on his building in April. Mr. Carley informed the Council that Spruce Street would have a 60- foot right-of-way. Mr. Carley statecl that there is now 40 feet of right-of-way existing. P~r. frattalone stated that there would be no problem rn declical;ing the additional right-of-way. Mr. Forsberg indicated that the road would have to be cut in and the base installed before construction shou7d begin on the building. Frattalone askecl that the blacktopping not be required until a year from Ju1y. The Planner also indicated to the Council that Mr. Fratta7one would need a conditional use permit for the open and outdoor storage. ~, public hearing wou7d have to be held before action could be taken on the conditional use permit, but this does not have to hold up the bui7ding permit. Also, the Planner indicated that any fencing would be left to the recommendation of the City Engineer. The City Clerk asked ifi a bond would be required in case Mr. Frattalone did not finish the road. Mrs. Scalze also suggested that a landscape bond be required. The Planner indicated that the landscape plan does not include a bid from a nursery. Mr. Fahey suggested that these matters could be handled when Mr. Frattalone comes in for his building permit. Fahey suggested that the amounts of these bonds could be set by the Engineer. Mr. Fahey introduced the following reso1ution and moved its adoption: RESOLUTION ~10. 81-3-113 - GRFlNTINC., MR. fRANK PRFlTTALONE SITE PLFlN APPROVFlL CONTINGENT UPON MR. FRFlTTFlLON[ Mf_ETING TFIE CONDITIONS SPECIFIED IN THG PLFlNNER'S REPORT DATCD MARCH 2, 1981 AND FURTNER CONTINGENT UPON MR. FRATTALONE DEDICFlTING TO THE CITY TFIE ROAD EASEMENTS DEEMED NECESSARY 6Y THE CITY ENGINEER AND CITY ATTORNEY FOR Fl 60-FOOT ROFlD EASEMENT FlND FURTHER CONTINGENT UPON MR. FRATTALONE AGREEING TO CONSTRUCT A 9-TON ROAD ON THE PROPERTY ABUTTING SPRUCE STREET WIThI BASE AND CUTS TO BE TN PRIOR TO THE COMMENCEMENT OF A(~IY CONSTRUCTION AND THE ROAD AND BLFlCKTOP TO BE FINALIZED BY JULY 1, 1982 AND FURTHER INDICATING THAT THE SITE PLAN IS APPROVFD WITFI TFIE UNDERSTFlMDING TFIAT APPROVED 60NDS FOR LANDSCAPING AND BLACKTOPPING WILL BE REQUIRED FlT TFIE TIME OF THF ISSUANCE OF FlNY BUILDING PERMITS The foregoing resolution was duly seconded by Mrs. Scalze. ~yes (5) Fahey, Scalze, Hanson, Forsberg, Nardini. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 73. Page -9- MINUTES CITY COUNCIL March 11, 19~1 The Planner indicated that the Frattalone plans need the [ngineer's approval regarding the drainage and grading. Fllso need the Engineer's recommendation on the type of fence. Mr. Frattalone informed the Council that the fence he has indicated on the p7an would be the least he would insta1l. It would be, in all probability, better than what is indicated on the plan. Fratta1one was considering screening with some plantings. Mr. Frattalone explained the building he is proposing to build. He a1so indicated that the bui1ding would not have a sprinkler system. The building would be constructed of concrete and metal. Mr. fahey indicated that the Council should require a f5ve foot curb on the east side of the building. Fahey also indicated that the Planner and Engineer should give their recommendations to the Council at the April 8 meeting as to the bond ~mounts for the road and landscap9ng and the drainage of the area. Mrs. Sca1ze introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-11~ - APPROVIMG BUILDING PLANS AS SUBMITTED BY MR. FRANK FRATTALONE CONTINGENT UPON HTS INCLUDI~lG FIVE-FOOT CURBING STOPS ON THE EAST SIDE OF HIS PROPOSED BUILDING FlND TFIAT SUFFICIENT BONDS BE POSTED FOR LANDSCAPING AND ROADS, THE FlMOUNT OF WHTCFI WTLL QE SET QY THF CITY PLFlNNER FlND CITY ENGINEER 7he foregoing reso7ution was duly seconded by Mr. Forsberg. qyes (5) Scalze, forsberg, Nardini, Hanson, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 74. The Planner indicated that a public hearing will have to be ca1led for the conditional use permit for Mr. Fratta7one for open and outdoor storage. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION M0. 81-3-115 - CFlLLING FOR A PUQLIC HEARING ON APRIL 8, 1981 TO REVIEW THE REQUEST OF MR. FRANK FRFlTTALONE FOR A CONDITIONFlL USE PERMIT FOR OPEN AND OUTDOOR STORFl6E ON HIS PROPERTY ON SPRUCE STREET The foregoing resolution was duly seconded by Mr. Forsberg. qyes (5) Scalze, Forsberg, Fahey, Nardini, Hanson. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book ~lo. 7, Page 75. Page -10- MINUTES City Council March 11, 1981 A& W Mr. Richarcl An~erson appeared before the Council requesting a~prava1 Expansion of a temporary porch addition to the Fl& W 7ocated on Rice Street. 7he Fl& W would like to experiment wrth aninsicle eating area to see if ~hey can expand their operation through the number of months during the year that they are in operation and if the inside eating area draws additional business. Mr. Flnderson told the Council that if the inside eating area is successful, the Fl& W wi11 be considering a more permanent type of structure. The City Planner in his report has recommended tha~ the driveway on Rice StreeC nearest the corner be c7osed off and that this dr~veway be moved to exit on South Owasso< The Planner has indicated that the driveway on Rice Street nearest the corner is in violation of City code. Mr. Anderson asked that the Council take no action on the driveways at this time, unti7 Fl&.ul has cletermined if the temporary ea~ing area will be successful. P1r. Fahey asked how long it wi11 take A& W to determine if the eating area is a success. Fahey suggested that the temporary eating area be approvecf contingent upon a review a year from now as to the intent9ons of Mr. Broden, the leasee of A& W, regarding the future expansion of the A& W. At that time the C9ty could consider the driveway situation. P4r. Forsberg commented that he did not like the reference of the acldition being temporary, as nothing is temporary. Mr. Anderson commented that P~r. Broden is only the leasee of the Fl E W and perhaps any requirement of changing the driveway should be made of the A& W corporation itself, Councilman Fahey stated that it doesn't matter to the City whether Mr. Broden is only the 7easee. It is Mr. Broden's responsibility to work with the owner. The City is concerned about c7earing up the traffic situation on Rice Street. Mrs. Scalze asked if the A& W had sufficient parking. The City Planner commented that it looks like there is sufficient parking. Fahey suggested that the addition could be approved subject to the City requiring a performance bond contingent upon curb cuts being put in a year from now if the business proves profitable. Mr. Forsberg stated that the Council should not be asking Mr. Broden if his business is making money a year from now. The Ci~y Attorney stated that the City should deal with the leasee regarding the Fl& W. It is Mr. Broden's responsibility to deal w9th the awner. The City Planner commented that the site plan submitted has some improper dimensions. The P1anner asked to have a p7an with the proper dimensions shown. The Planner stated that he w911 need to verify the parking situation from this plan. Paqe -11- mz~~urEs City Council March 11, 1981 The P1anner also informed the Council that the City code says that curb cuts shou1d be at least 60 feet from a corner. The Fl&.VJ's curb cut is 10 to 20 feet from the corner. Mr. Flnderson stated that the Fl& W will open on Saturday and they wou7d like to begin construction as soon as possible. Councilman Fahey indicated that the Council can approve a 6uild~ng permit subject to the proper plans being submitted ancl a performance bond being submitteci for the removal of the structure should the idea not work out. P4rs. Sca1ze stateci that 9f the structure stays, the curb cuts the C9ty wants should be made, otherwise the building would have to come down. P4ayor Hanson commented that if Fl& W does not put up the structure they are proposing> then the City would do nothing about the curb cuts. Flanson questioned the situation that because they want to make a change in their build9ng, the City penalizes them. The Planner inclicated that the driveway is presently too close to the corner and it is a hazardous situation. Mr. Anderson ind~cated that they do not object to the curb cut, they would just like a year to eva1uate the business. Mrs. Sca1ze stated that she wou1d like to see the curb cuts taken care of right now. The Engineer stated that the Fl& W wi71 have to dea1 w~th the Nighway Department regarding the curb cuts. The Highway Department wi71 indicate where the new curb cut should go. Mr. Broden requested that the s~tuation regarding the success of the business and the curb cuts not have to be evaluated until Flpril of 7982. This will give Mr. Broden a full season to make an eva7uation on the success of the experiment. fahey stated that curb cuts should be required at some point to conform with the City's ordinance. Mrs. Nardini introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-116 - APPROVING THE FlDDITION TO TFIF /1 & W BUILDING FlS PRESENTED BY MR. RICHFlRD ANDERSON CONTINGENT UPON THE REQUIREMENT OF A PERFORMANCE BOND IN THE AMOUNT OF $500 AND UPON MR. 6RODEN FlPPEARING BEFORE THE COUNCIL ON OR BEFORE APRIL 1, 1982 TO REPORT TO THE COUNCIL HIS PLANS FOR Fl PERMFlNEN7 STRUCTURE FlND HIS PLFlNS FOR CURB CUTS FlND IDI THE MEANTIME MR. ANDERSON VJILL SUBMIT ACCURFlTE PLFlNS TO TFIE CITY PLANNFR WHO IN TURN WILL REFER THESE PLFlNS TO MRS. NFlRDINI FlND THE CITY BUILDING INSPECTOR Page -.12- MINUTES City Counci1 March 11, 1981 The foregoing resolution was duly seconded by Mr. Hanson. Ayes (5) Nardini, Hanson, Forsberg, Fahey, Scalze. Playes (0). Resolution declareci adopted. This resolution appears in Reso7ution Book No. 7, Pages 75 and 76. Zelgc 7he City Clerk reported that the Zelge and R. & S. proposal is sti11 & R.& S. under consideration by the Plann~ing Commission at this time. Proposal Game Mr. Scott Nelson appeared before the Council informing them that the Room City's Ordinance #137 requires that game rooms be licensecl, Mr. Nelson License stated that othe r cities require that each game be licensed. Mr. Nelson Qrdinance is from the 7-11 Store on Rice Streei;. Mr. Nelson would lii<e to install a video game in i-11. Mrs. Nardini inclicated that she will be corning in to the Council with a recommenclation for updating all licensing fees in the City to be in conformance with other cities. The City C7erk stated that the purpose of licensing these games is for policing protection. If there are any problems caused by a game, the City can just eliminate the game. The City Clerk sta~ed that at the present time the 7-11 Store does not need a license to 9nsta1l a game. Mayor Hanson stated that 7-11 should be allowed to put in the game right away without a license, and when the City changes its ordinance they will notify 7-11. Public Yorkton Development has requested approval of industrial revenue bonds Hearing in the amount of $2,940,000 for the construction of four buildings in Yorkton Yorkton Industrial Park, Before the City can grant such approva1, they Industrial must call a pub1ic hearing on the matter. Bonds Mrs. Sca1ze introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-117 - CALLING A PUBLIC HEARING ON FlPRIL 8, 1981 ON THE REQUEST OF YORK70N DEVELOPMENT FOR INDUSTRIFlL REVENUE BONDS IN TNE AMOUNT OF $2,940,000 The foregoing reso7ution was duly seconded by Mrs. Nard9ni. /{yes (5) Scalze> Mardini, Hanson, Fahey, Forsberg. Nayes (0). Resolution dec1ared ado~ted, This reso1ution appears in Resolution Book No. 7, Pages 77 and 78. The City Clerk reported that Yorkton has also requested subdivision of the property involved and a conclitiona1 use permit for a singular driveway. The Clerk stated that he would set up a public hearing on these two matters. Page -13- MINUTES CITY COUNCIL March 11, 7981 Senior Mrs. Ga7lagher was not present to submit the senior cit~zen report to Citizens the Council. Delay Of Mrs. Scalze informed the Council that she spoke to Mrs. Pnason regarding Johnson the request of Mr. Johnson for the division of his property on Keller Property Parkway and the vacation of Lake Street. Mrs. Mason present1y has lake Division shore rights, and she wants to retain these rights. Mrs. Mason has hlearing 9ndicated that she does not want the easement vacated. Approval Mr. Forsberg intro~uced the following resolution and moved its adoption: Of The Vouchers RESOLUTIOP! N0. 87-3-118 - APPROVIDIG PAYMENT OF TFIF VOUCFIERS The foregoing resolution was duly seconded by Mr. Hanson. Flyes (5) Forsberg, Nanson, ~lardini, Fahey, Scalze. Nayes (0). Resolution dec1ared adopted. This resolution appears in Reso1ution Qook No. 7, Page 79. Amending P~r. Forsberg introduced the following resolution and moved its acioption: The Flgenda To Flear RESOLUTTON N0. 81-3-179 - FlM[NDING THE AGENDFl TO FIE~R Items From ITEMS FROM THE FLOOR The Floor The foregoing resolution was duly seconded by Mrs. Scalze. qyes (5) Forsberg, Sca7ze, Hanson, Nardini, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book ~lo. 7, Page 79. Dick Eioss's Mr. DZCk Boss appeared before the Council. Mr. Boss stated that he Res9gnation wan ted to apologize for his poor attendance at Planning Commission meetings. From Mr. 6oss indicated to the Council that the 17 or 12 years he has been on P1ann9ng the P1anning Commission have been very rewarding, but that he would have Commission to resign from the Commission. Mayor Hanson stated that he regretfully accepted Mr. Boss's resignation and wou1d like to commend him for the job he has done for the City 5n the past. Mr. Fahey stated that the Counci1 una.nimous1y complimented Mr. Boss on the years of service he has put in for the City. Municipal Flttorney Parks stated that the County Board requested the report the Court Council was submitted tonight regarding changes in Municipal Court Locations locations. They are considering whether the circu9t court system should be eliminated. Page -14- MINUTES City Council March 11, 7981 Attorney Parks statetl that the purpose of the report is to keep the City advised of their actions. If any changes are made in the syste~ it will effect the City through the total County tax bill, as the program could go into a capital expenditure program. The City would a1so be effected by the combined court locations. The City Flttorney stated that the Council will have to wait to see what the County Board's plans are. hloggsbreath Mr. Tom Durray, the owner of Hoggsbreath, inf'ormed the Council that he has cleaned the ditches around his property as requested by the Ctty. Councilman Forsberg asked Mr. Durray to keep these ditches in an orderly fashion. Mayor Hanson informed Mr. Durray that the number of people al1owed in HoggsbreaCh under the City's fire code is 139 people upstairs and 102 downstairs. Mr. Hanson expressed concern that these limits are being exceeded considering the number of cars that are parked around the Floggsbreath. Nanson expressed concern that Mr. Durray is putting himself and his customers in a hazardous situation. Mr. Durray stated that he usually charges a cover charye to get in Hoggsbreath and he tloes have people standing a~ the door to get in when he fee1s there are too many people in Noggsbreath at one time. Additional people are not let in until others leave. Mr. Durray asked if the Fire Marshall could take a look at Hoggsbreath to re-evaluate the number of people al1owed in at one time. Mr. Durray stated that there has been some remodeling done inside which has given him more seating area. Mr. Forsberg stated that the C9ty's Fire Marsha77 can coordinate this with the State Fire Marsha1l. Council asked Mr. Durray if he had a security guard on duty at fioggsbreath. Mr. Durray rep1ied that he did. Mr. Durray also informed the Counci1 that he and the oam er of Brady's are negotiating for leasing some park~ng space across the street from their establishmerrts. Mrs. Scalze commented that the C~ty of Little Canada has a lower licensing fee for liquor establishments than any other City. Scalze fe1t the fee should be increased. Approval Of Flttorney Parks stated that he has reviewed the 19II1 engineering contract 1981 and it appears to be in good order. The only change in the contract Eng9neer's is the rates that will be charged in 1981. Contract Mrs. Scalze asked how much the City spent on engineering in 1980. The Engineer rep1iecl that he did not know off-hand, but it ~vas not a very Pane -75- MINUTES City Council March 11, 1981 expensive year compared w5th previous years. Mr, hianson introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-120 - APPROVING ThIE 1981 ENGINEERING CONTRACT WITFI MILNER CARLEY FlND ASSOCIATES The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Hanson, Scalze, Fahey, Nardini, Forsberg. Nayes (0). Resolution declared adopted. This resolution appears in Reso1ution Book No. 7, Pages 79 and II0. Flpproval Of Flttorney Parks reported that Mr. William Fink, attorney for Fl. J. Ryan Ryan's Lan~scape Supply Co., submitted to him an agreement for the joint use of Driveway a driveway by the owners of Lot 7, 61oci< 4 and Lot II, Block 4 of ~yan's Flgreement Industrial Park. Mr. Parks stated that the agreement is in order and recommended Council approval. Mrs. Scalze introduced the following reso7ution and moved its adoption: RESOLUTIO~! N0. II1-3-121 - APPROVING THE RYAN DRIVEWAY GREEMEMT AS RECOMMENDED BY 7NE CITY ATTORNFY The foregoing resolution was du1y seconded by Mr. Hanson. qyes (5) Scalze, Hanson, Nardini, Forsberg, fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book ~lo. 7, Page 80. Fire Attorney Parks reported that the Fire Department's attorney has not Contract submitted to him the revised fire department contract. Parks thought the contract shou7d be ready by the next Council meeting. Park Attorney Parks stated that he has not completed the revision of the Charge City's Park Charge Ordinance. Ordinance Sewer Rate Attorney Parks informecl the Council that the sewer rate changes would Changes be ready by the next Council meeting. Trapping Attorney Parks submitted to the Council proposed Ordinance regulating Ordinance trapping in Little Canada. Page -16- MINUTES City Council March 11, 1981 Mrs. Sca7ze stated that she had some concerns with the ordinance. She wanted the ordinance to prohibit the taking by any means in Little Canada, including hunting, bow and arrow. This is why Mrs. Scalze had recommended that the Vadnais Neights ordinance be fol7owed. Scalze felt there were too many exceptions in this ordinance, and also that there should be a provision in the ordinance that live traps should be checked every so many hours. Parks stated that the only people using live traps would be employees o•F government agencies or units, and that these peop1e wou7d attend the traps regularly. Private individuals are proh9bitedfrom live trapping. Sca1ze also expressed concern wi•th Section C of the ordinance. Attorney Parks stated that the ordinance must have some provision for a person to get rid of a rat or a mouse or squirrel that was a nuisance. Mrs, Scalze stated that under Vadnais Heights' ordinance there are no exceptions and anyone asking for an exception must take it up with the DNR. Attorney Parks suggested that the Council look over the ordinance and come back with any recommendations they might have. St. Jude's Flttorney Parks reported that he met with St. Jude's regarding their park Park Charge charge. St. Jude's agreed to a~10,000 park charge with $7,500 payab7e on or before the date they get their occupancy permit for Phase I and the remaining $2,500 payable when their plans are approved for Phase III, or no 1ater than July 15, 1985. Parks stated that St. Jude's has looked at what some other developments in Little Canada have paid for park charges. Gopher Electronics paid $1,200. St. Jude's also commented that they are le~ving 40% of their property undeveloped. They have about $400,000 invested in just green area. Councilman Fahey asked if the City is going to require that this green area be 7eft undeveloped as part of the PUD Agreement. Flttorney Parks replied that it would. Attorney Parks stated that he did not think St. Jude's would offer more in the way of a park charge. P4rs. Scalze stated that when the Park Commission recommended the $16,000 park charge, they took into consideration the 40% green area. Sca7ze questioned why the City is ending up with St. Jude's figure. Mr. Forsberg asked if the City had discussion about public trai7s through the St. Jude's property. Mayor Hanson rep1ied that St. Jude's was concerned about insurance liability for such trails. Attorney Parks stated that St. Jude's is planning their own private trail system. Page -17- r~r.~~ui~Es City Council March 11, 19II1 Mr. Fahey commented that the City rezoned the property to PUD industria7. If the City is unsuccessfu1 in reaching an agreement, then the zoning reverts back to R-1 zoning. The successful negotiation of a park charge is part of the requirements under the PUD Agreement and St. Jude's occupancy permit. Mrs. Scalze stated that the Park Commission recommended $12,000 as a park charge p~yable ~mmediately or $16,000 payable at Phase II. Mr. Forsberg stated that he was against this amount as a pari< charge for St. Jude's. Scalze suggested that the park charge just be assessed, and the City not do any further negotiating. Mr. Forsberg poirrteci out that the 60 days time limit for the successfu1 negotiation of a PUD Agreement have passed. Mr. Fahey stated that this wou1d be a donation to the City's park fund. Fahey also stated that he was not in favor of accept9ng what St. Jude's is offering. Mrs. Scalze pointed out that the Park Commiss9on spent hours on consideration of this park donat9on. Attorney Parks felt he cou1d go back and tell St. Jude's that the City wi11 not accept their offer and see 9f they are willing to come up closer to what the C.ity wants. Parks also pointed out tha~ the City agreed to negotiate the park donation. fahey stated that the City has set a deadline which has passed and that the City did attempt to negotiate the charge. Fahey also stated that the 40% green area has no reference to the park charge. Fahey would be satisfied to consider the 40% if it were publicly used. Parks suggested that a trail easement could be dedicated through the green area. h1rs. Nardini stated that at present St. ~ude's is not a big company. Nardini suggested that the City could require a larger contribution on the second half of the park donation. Mr. Forsberg also pointed out that St. Jude's has some additional expense as the State is requiring that they put a road through to County Road B-2. Parks thought that perhaps St. Jude~ wou1d be willing to increase the second payment. Mayor Hanson felt that if the matter went to litigat9on, the courts would side with St. Jude's. Hanson also pointed out that St. Jude's wou1d be providing a big tax base to the City. St. Jude's is a7so providing employment in the City and wi11 cause property vatues to rise. Hanson felt that these considerations would be more beneficial to the City than a few additional thousand dollars in park donations. Page -lA- MINUTES City Counci1 March 11, 19II7 Mr. forsberg stated that he did not like the fact that St. Jude's was building without a PUD Flgreement. Councilman Fahey statecl that he was not prepared to accept any amount less than what the City had proposed unless there was the cledication of some property for a trai1 system for public use or an increase in the later payment. Mrs. Nardini questioned if th~ City wnuld be unfair to Yorkton Development by accepting the lesser park charge proposed by St. Jude's. Flttorney Parks stated that the City would make an enemy out of St. Jude's if the matter went to court. Fahey felt the City should not back down, and any court action would also cost St. Jude's money. Fahey also fe7t that it would be unfair to other deve1opers in the City to accept St. Jude's proposal. The City Clerk stated that the final approval for revenue bonds has not been granted by the C9ty for St. Jude's. Mr. Hanson introduced the following reso1ution and moved its adoption: RESOLUTION N0. 81-3-122 - INSTRUCTI~lG THE CITY FlTTORNEY TO NEGOTIA7[ THE PUD FlGREEMENT 6JITF1 ST. JUDF..'S MEDICFlL IN RELATIOM TO THEIR PARK CHAP,GE AND THFlT THE CITY WTLL ACCEPT $7,500 PAYA6LE UPON THE ISSUFl~ICE OF AN OCCUPANCY PF.RMIT IN THE FFlLL Of 19II1 AND UPON THE COMPLETIOM OF PNASE III IN 1985, THE CITY WILL ACCEPT AN FlDDTTIONP,L $2,500 FlS COMPLETION OF THE PFlRK CHFlRGE AND INSTRUCTING THAT A PROVISION ~E PLACED IN THE PUD FlGREEMENT THAT' TNE U~IDEVELOPED LFlND OF ST. JUDE'S WOULD BE DESIRED AS REMAINING IN Fl PERPETUA.L STATE FlS DESIGNED The foregoing resolution was du7y seconded by Mr. Forsberg. Ayes (2) Flanson, Forsberg. Nayes (3) fahey, Nardini, Scalze. Resolution denied. This resolution appears in Resolution ~ook ~lo. 7, Page 81. Councilman Fahe,y stated that the City has a right to 9nform St. Jude's that their offer is unacceptable. St. Jude's knew that the PUD Flgreement would include park charges. Attorney Parks stated that the figures the Council has set on were pulled out of the air and there might be an error in these figures. Parks also stated that in negotiations there must be some give and take. Mr. Fahey stated that the City has been fair to St. Jude's. Attorney Parks commented that he hoped to make some progress w~th St. Jude's. Page -19- MIMUTES City Counci7 March 11, 1981 Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-123 - DIRECTING THE CI7Y ATTORNEY TO FIAVE FURTHER NEGOTIATIONS WITFI ST. JUDE'S MEDICAL REGARDING THE PFlRK FUND DONATION AND COMPLETION OF THE PUD FlGREEMFNT ALONG THE GUIDELINES PREVIOUSLY GIVEN THE ATTORNEY FlND ALSO INCLUDING THE POSSIQILI7Y OF DEFERRAL Of PAYMENT Of TWE PARK DONFlTION AND ThIE DEDICFlTION OF SOME PROPERTY FOR PUBLIC PURPOSES IN THE FUTURE FlND FURTHER I~lSTRUCTI~IG TFIF FlTTORNEY TQ REPORT f3FlCK TO TNE COUNCIL FlT THE APRTL 8, 1981 MEETTNG The foregoing resolution was duly seconded by Mrs. Sca7ze. {{yes (3) Fahey, Sca1ze, Nardini. Nayes (2) Hanson, Forsberg. Resolut9on declared adopted. This resolution appears in Resolution ~ook No. 7, Page 87_. Maryhouse Attorney Parks stated that he met with the P~aryhouse peop1e regarding R Warming the City's warming house being located on their property. Mr. Parks House reported that the ladies at Plaryhouse are unhappy with the whole hockey and skating program at the fire Qarns. They claim the loud speakers are too 1oud and have disturbed them and their tenants in the house which they rent out. They have requested a curfew of 10 o'c7ock on this activity. They also informed Mr. Parks that they had an outbui1ding on their property which kids from the hockey and skat~ng programs have wrecked and stole things from. They had to tear down this building. They have expressed reservations in selling the property to the City. Fllso, the people at the Tax Department have informeci them that they have been paying taxes on this property. The Tax Department inFormed the City Attorney that Maryhouse has not paid taxes on this property. The Maryhouse peop1e have requested that the warming house be moved off their property. Mrs. Sca1ze suggested that the hours of operation could have a curfew placed on them and also that perhaps the City could construct a fence. Fahey felt that the Council is unanimous that it wou7d not be practica7 to move the warming house. Fahey also stated that the City would 1ike to avoid condemning the property. Parks stated that perhaps the property could be 1eased from MZryhouse. Fahey suggested that the Flttorney meet with Maryhouse again and see if there are some terms that they will live with. Fahey stated that the Council shou1d also have some input from Recreation on this situat9on. The Flttorney also suggested that the Engineer survey the property and find out how much of the skating rink might be on their easement. Mayor Hanson agreed with these suggest9ons. Page -?_0- mzRU~~~s City Council March 71, 1981 Water The Engineer reported that he has come up with an alternative plan Improvement for the improvement of Rice Street by watermain. Engineer Carley Rice Street suggested that County Road B-2 be eliminated past the high school except to loop to St. Jude's. The Engineer also suggested going up Park Street behind the trailer park instead of on Rice Street on that sect9on. Mr. Forsberg reported that Kellogg Nigh School is planing to hook up to water from the Grantl Pre' East parking lot. The Engineer also reported that Rosevi1le charges approximate1y $717.25 to hook up to City water plus a$370.00 connection fee. There is also a charge of about $2,100 to go under Rice Street. There is also a charge for a permit fee. The City of F;osevil7e es~imates it would cost about $4,000 total to hook up to their water. Rosevil1e has indicated that they would not like more than five or s9x water hook-ups from Little Canada, and these only on a temporary basis. Otherwise, Roseville suggested they would build a watermain on Little Canada's s9de of Rice Street. The Engineer stated that if Little Canada insta1led a watermain on Rice Street, it would be approximately the same cost as hooking up to Roseville's main. Mr. Forsberg stated that he woulcl like to see the City's own system in on R~ce Street. The Engineer s'tated that he would bring in a report to the Council on this and a hearing could be ca11eci for the end of April. The Engineer questioned whether County Road B-2 shou1d be considered for water again. Councilman Fahey stated that the peop1e could bring in their own petition if they wanted water. Mayor Hanson asked the Engineer to give the Counci1 a report at the first meeting in April regarding the unwatered areas in Little Canada and a hearing could be set for the end of April. Pat Collova Mr. Pat Collova has requested a 7and fi77 permit from the City for his Land Fill property located in the area of Country Drive. Permit The City Clerk reportecl that the property is lancl-locked. Mrs. Sca7ze stated that Mr. Co1lova should obtain his own easement for access to his property. Mr. Forsberg introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-124 - DENYING THE L/~ND FILL PERMIT REQUFSTED f3Y MR. PFlT COLLOVA AS TNE PROPERTY IS LFlND-LOCKED The foregoing reso1ution was du1y seconded by Mr. Hanson. Page -21- MINUTES City Council M~rch 11> 19H1 Flyes (5) Forsberg, Hanson, Fahey, Nardini, Scalze. N~yes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 83. Plumbing Mrs. Nardini stated that she would be coming in with revised fees for Permit Fees all the City's various permits. It is recommended at this time that the Council change the plumbing perm~t fees for alterations and repairs and extensions in the amount of $10 for the first $500 and/or fraction thereof. Mr. Forsberg introduced the following reso1ution and moved its adopt9on: RESQLUTIOM N0. 81-3-725 - FlPPROVE PLUMBING PERMIT FEES FOR FlLTERFlTIONS AN(J REPAIRS FlND EXTENSIONS IN THE AMOUNT OF $10 FOR TNE FIRS7 p500 FlND/OR FRACTION THEREOF The foregoing resolution was duly seconded by Mr. Fahey. I{yes (5) Forsberg, fahey, Hanson, Scalze, Plardini. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 83. Day Care Mrs. NardSni informed the Council that the City's day care centers are Centers inspected yearly by the Fire Marshall. Mr. Forsberg commented that recommendations by the Fire Marshall not to license a building for day care are not always taken. Mrs. Nardini also stated that social workers inspect the centers yearly. Attorney Parks d~d not feel the City had any 1iabi1ity for a day care center if it was licensed after the City's fire Marshall recommended the bui1ding not be licensed. Sprinkler Mrs. Nardini reported that Mr. Frank Winieck~ and Mr. Bruce Rieden have Systems offered to appear before the Council at the April 8 meeting and explain the legalities involving sprink1er systems. Mr. Forsberg stated that the company submitting building plans must have a certified engineer draw up the plans for a sprink1er system and inspect the system. Mr. Fahey stated that he was not in favor of the City doing yearly inspections on sprinkler systems. This is not required under City code. Mr. Forsberg stated that the City would be accepting liability if it began this practice. Paqe -22- MzNUres City Council March 11, 1981 The City Flttorney stated that when a bui1d~ng is constructed, the Building Inspector inspects the sprinkler system p7ans, but the City has no requirement for a periodic inspection of these systems. If the City begins inspecting them, the City will be taking on liability. The majority of Council was not in favor of having Mr. Winiecki ancl Mr. Rieden make this presentation on April 8. Building The City Clerk reported that the Bui1ding Inspectors report that was Inspectors inc7uded in the Counci1members' agendas was for information purposes. Report City Office Mrs. Nardini reported that she had a call from Mr. John arown, a resident Equipment of Little Canada who is in the office equipment business. Mr. Brown has requested that he be given an opportunity to quote the City prices on the purchase of any office equipment. Mr. Fahey stated that Mr. Brown will be given an opportunity to make quotations in the future. Landfil1ing Mrs. Nardini reported that there is a lot on Diana Lane that is about Diana Lane 2/3's fi1led. The lot was just a large hole ancl now there is a house going up on it and the fi119ng is a1most finished. Councilman Fahey suggested that the Attorney send out a letter on this. Mrs. Nardini commented that she will attempt to find out who owns the lot and wi11 have a 7etter sent out on this fi1ling on behalf of the Counci'I. Guardrail The City has received a request for a guardrail on Edgerton and Ke11er Request Parkway. Councilman Forsber~g asked for the opportunity to meet w9th For the people making this request before the Council takes action on ~it. Edgerton Street Mr. Forsberg introduced the following reso1ution and moved its adoption: RESOLUTION N0. 81-3-126 - TFlaLING ACTTO(~I ON THE GUARDRAIL REQUEST FOR EDGERTON STREET AND KELLCR P~IRKWAY UNTIL MR, FORSBERG FIAS Fl CHANCE TO MFET WITH THOSE RESIDEDITS MFlKING TFIE REQUEST The foregoing resolution was duly seconded by Mr. Fahey. Ayes (5) Forsberg, Fahey, Hanson, Nardini, Scalze. Nayes (0). Resolution declared adopted. This reso7ution appears 9n Resolution Book No. 7, Page H4. Sanitary The Utility Department has requested that City ordinances contain the Sewer provision that it is the homeowners responsibility for maintaining his Liability sewer connection from the house to the City sewer main. Page -23- MINUTES City Counci1 March 11, 7987 Mr. Fahey introduced the following resolution and moved ~its adoption: RESOLUTION N0. 81-3-127 - REQUESTING THE CITY ATTORNEY TO INCORPORFlTE IN 7H[ CITY'S ORDINANCE TNAT IT IS TNE OVdNER's RESPONSIBILITY FOR MFlIN7FlIPIING AND CLEANIDIG FIIS SEWER C0~lNECTIOPI FROM THE FIOUSE TO THE SEWER MAIN The foregoing resolution was duly seconded by Mrs. Scalze. qyes (5) Fahey, Scalze, Flanson, Nardini, Forsberg. Nayes (0). Resolution declared adopted. This resolution appears in Reso1ution Book No. 7, Page II4. Nardini The Engineer stated that the City agreed to check into the Nardini Sewer sewer problems when they dug up County Road B-2 to insta7l watermain. Problem & C1eaning Mrs. Nardini informed the Council that she has not had any problem Ditches On with her sewer since December of 1979. Nardini felt that when Metro County Sewer did some work in the area, the prob1em could have been solved Road B-2 at that time. Mrs. Nardini recommended that the City not take any further action. ~~ayor Hanson stated that the City previously commited to cleaning the ditches from County Roatl 6-2 to the ponding area. Council fe1t that bids should be taken for this work. Mr. Forsberg introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-128 - ACCEPTING BIDS FOR CLEANING TNE DITCHES FROM COUNTY ROAD B-2 BACK TO TFif. POND The foregoing resolution was duly seconded by Mr. Hanson. qyes (5) Forsberg, Hanson, Nardini, Scalze, Fahey. Nayes (0). Resolution declared adopted. This reso1ution appears in Resolution Book No. 7, Page 85. Street Counci7man Forsberg reported that the Utility Department has received Sweeping quotations from the following for street sweeping in 1981: Quotations American Sweepers, Inc. Mike McPhil1ips, Inc. Central Sweeping Clean Sweep Crosstown Sweeping Corp. T. A. Schifsl<y & Sons, Tnc ~3II.50 per hour $45.00 per hour $~5.00 per hour $49.50 per hour $50.00 per hour $62.50 per hour P4r. Forsberg recommended that American Sweepers, Inc. be awarded the City's street sweeping in 1987. They a1so performed this service for the City in 1980. Page -24•- MI~IUTES C9ty Council March 11, 19II1 Mrs. Nardini introduced the following resolution and moved its adopt9on: RESOLUTION N0. 81-3-129 - FlCCEPTING THE BTD OF FlMERIC/1N SWEEPERS, INC. IN THE FlMOUNT OF $38.50 PER NOUR FOR STREET SWEEPING FOR 19f31 The foregoing reso1ution was duly seconded by Mrs. Scalze. !{yes (5) Nardini, Scalze, Flanson, Fahey, Forsberg. Nayes (0). Resolution dec1ared adopted. This reso1ution appears in Resolution Book No. 7, Page 85. Blacktopping P~r. Forsberg reported that the Utility Department has received the Bids following quotations for blacktopping at the City Garage: T. A. Schifsky & Sons, Inc. $5,670.00 Bituminous Roaciways, Inc. $5,757.00 Buck Blacktop $6,100.00 Quality Flsphalt, Inc. $7,990.00 Mr. Forsberg introduced the following resolution and moved its acloption: RESOLUTION N0. 81-3-130 - FlVJARDING THE QUOTATION FOR BLACKTOPPING fOR THE CITY GFlRAGE TO T. A. SCHIFSKY & SONS, INC. IN THE AMQUN7 OF $5,670.00 The foregoing resolution was duly seconded by Mr. Fahey. /~yes (5) Forsberg, Fahey, Nardini, Hanson, Sc~lze. Nayes (O). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 86. Street Mr. Forsbert reported ~hat in order to complete the street lighting on Lights - Edgerton, the fallowing street lights should be ordered: one at Edgerton 2776 Edgerton, one to the north of 2746 Cdgerton, one to the north of Street 2718 Edgerton, and one between 2613 and 2605 Edgerton. Mrs. Scalze introciuced the following resolut9on and moved its adoption: RESOLUTION N0. 81-3-137 - ORDERING STREET LIGFITS FlT THE FOLLOWING LOCATIONS: 2776 Edgerton, TO TFIE NORTH OF 2746 EDG[RTON, TO TFIE NORTH Of 2718 EDGERTON, AND ONE BETWEEM 2613 A~1D 2605 EDGERTON The foregoing resolution was duly seconded by Mr. Flansnn. qyes (5) Sca1ze, Hanson, Forsberg, Fahey, Nardini. Nayes (0). Resolution dec1ared adopted. This resolution appears in Resolution Bool< No. 7, Page 86. Page -25- MINUTES City Council March 11, 7981 Street light Mr. Forsberg reported that a street 1ight has been requested on hlcMenerr~y St. John's Roa~ across from St. John's Schoo1. School Mr. Hanson introduced the following resolution and moved ~ts adoption: RESOLUTION N0. 81-3-132 - ORDERING Fl STREET LTGHT ON McMENEMY ROFlD ACROSS FROM ST. JONN'S SCHOOL The foregoing resolution was du1y seconded by Mrs. Scalze. qyes (5) Hanson, Scalze> Nardini, Fahey, Forsberg. Nayes (0). Reso1ution declared adopted. This reso7ution appears ~n Resolution Book No. 7, Page II7. Purchase Mr. Forsberg reported that the Utility Department has received prices Of on the following two water meters: The Davies Water Fquipment Co. - Water Neptune 7-8 P4eter at ~62.05 per unit; and Water Products Co. - Rock~vell Meters Sr. Meter at $68.78 per unit. Mr. Forsberg recommended that the meter ~Prom Davies Water Equlpment Co. be purchased, and that the U~ility Department be allowed to purchase 100 meters in groups of 20 meters per purchase. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTTON N0. 81-3-133 - AUTHORI'LING 1'H[ PURCHASE OF 100 DFlVIES WFlTER ME7ERS AT $62.05 PER UNIT The foregoing reso1ution was duly seconded by Mrs. Nardini. Ayes (5) Scalze, Nardini, Hanson, Fnrsberg, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 87, Purchase Mr. Forsberg recommended that Of Ilydrant has been some property damage Defuser Mr. Forsberg introduced the f~ RESOLUTION N0. 81-3-134 DEFUSER IN THE FlMOUNT OF the City purchase a hydrant defuser as there caused by flushing of hydrants. ~llowing resolution and moved its adoption: • AUTHORIZING THE PURCHFlSE OF A HYDRFlNT $195,00 BY TNE UTILITY DEPARTMENT The foregoing resolution was duly seconded by Mr. Hanson. Ayes (51 Forsberg, Hanson, Nardini, Scalze, Fahey. Nayes (0). Resolution declared adopted. This reso1ution appears in Resolution Book Dlo. 7, Page 8II. Page -26- MIf~IUTES City Council March 11, 19II1 Free Dump Day Mr. Forsberg stated that he would meet with Roger Glanzer to determine when & Spring ~ree dump day and spring clean-up day would be held. Clean Up Mr. Hanson stated that he will be looking aro~and the City and will ask some residents to make use of free dump day. County Mr. forsberg reported that he will meet with the County regarcling their Blacktopping doing the b1acktopping of City roads. Forsberg stated that he will report further to the Council on this in the future. Hoffman Mr. Clyde Hoffman has requested final payment for his construct9on of Final the warming house near the Fire Barns. Mr. Hoffman has also given the Paymen~ City authorization to pay Mr. Frank frattalone and Poolside the money wh~ich Mr. Hoffman owes them from his fina1 payment. Mayor Hanson reported that Jim Morelan of Recreation has reported that the warming house is not finished yet. The Attorney stated that he will have to check how much money Mr. Frattalone and Poo1side have coming from Mr. Eloffman. Mr. Fahey stated that the City should not pay Mr. Fioffman until it has lien waivers. The Flttorney stated thatihe City could hold the money in escrow and issue a disclusure to the creditors that there are possible 1iens that will hold priority over their claims. Mr. Fahey introduced the following resolution and moved its aclopt9on: RESOLUTTON N0. 81-3-135 - AUTHORIZING THE CITY ATTORNEY TO RELEFlSE TFIE FIMAL PFlYMENT TO CLYDE hIOFfMAN TM WHFlTEVER MEFlNS HE DEEMS TO BE IN THE BEST INTEREST OF TFIE CITY WITH THE EXCEPTION OF $500 TO 6E RETAINED PENDING Fl FINAL DE7ERMINATION THAT FlLL WORK HFlS BGE:N COMPLETED The foregoing resolution was duly seconded by Mrs. Scalze. qyes (5) Fahey, Scalze, Forsberg, Nardini, hlanson. Nayes (0). Resolution declared adopted. This reso7ution appears in Reso1ution ¢ook No. 7, Pages 8B and 89. Fireman's Mayor Hanson reported that the Fireman's Relief Association held a meeting Relief and forgot to invite Mrs. Scalze, Mrs. Nardini and himself. At the Flssociation meeting they O.K.'d the audit report for last year and the previous year. Mr. Boss of the Fire Department stated that they would hold another meet9ng and invite Nardini, Nanson, and Scalze if they so wished. Mrs. Nardini, Mrs. Scalze and Mr. Flanson felt this would not be necessary as the reports appeared to be in order. Page -27- MINUTES City Council March 77, 19£37 flearing The Engineer reviewed and recommended approval of the proposed bike On Bike trail on Edgerton between Courrty Road B-2 and Litt7e Canada Road. Trail Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. H1-3-136 - SETTING A PUBLIC HEFlRING ON APRIL 8, 79II1 FOR CONSIDERFlTION OF A BIKE TRFlIL ON EDGERTON BETWEEN COUNTY ROAD B-2 AND LITTLE CFlNADA ROAD The ~oregoing rerolution was duly seconded by Mr. Hanson. Flyes (5) Scalze, Flanson, Forsberg, Nardini, Fahey. Nayes (0). Reso1ution declared adopted. This resolution appears in Reso7ution Book No. 7, Page 89. State Use It is the City Clerk`s recommendation that a state use deed be acquired Deed for for the 'tax forfieted property known as Lot 6, B1ock 7, Wenzel Flddition. Tax Forfieted Mrs. Scalze introduced the fo1lowing resolution and moved its adoption: Land RESOLUTION N0. 81-3-137 - INSTRUCTING THAT Fl STFlTE USE DEED FOR LOT 6, BLOCK 1, WENZEL FlDDTTION [3E ACQUIRED The foregoing resolution was duly seconded by Mrs. Nardini, qyes (5) Scalze, Nardini, Flanson, fahey, Forsberg. Nayes (0). Resolution declared adopted. Th9s resolution appears in Resolution Book No. 7, Page 90. Appointment Mrs. ElaineZoch has applied for the vacancy on the Park Commission Of F7aine which is a three-year term consisting of the remainder of 1981, 1982, Zoch To and 1983. Park Commission Mrs. Scalze introduced the fol1owing resolution and moved its adoption: RESOLUTION M0. 81-3-138 - APPOINTING ELAINF ZOCH TO TFIE PARK COMMISSION The foregoing resolution was duly seconded by Mr. Fianson. qyes (5) Scalze, Hanson, Nardini, Forsberg, Fahey. Nayes (0). Reso1ution dectared adopted. This resolution appears in Resolution Qook No. 7, Page 90. Park Mrs. Scalze reported that the Park Commission would like authorization Commission to take bids on their 1981 projects. Bids For 19II1 The first project is the completion of the trail system in Spooner Park. Projects The Park Commission has $12,000 budgeted in State Flid money for this purpose. Mr. Forsberg commented that he did not like the blacktop trails in Spooner Park. Page -2F3- MINUTES City Council March 11, 1981 Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-139 - CALLTNG FOR BIDS FOR COMPLETION OF THE TRFlIL SYSTEM IN SPOONER PARK SUBJECT TO THE APPROVAL OF THE SCFIOOL BOARD 7he foregoing resolution was duly seconded by Mr. Hanson. Ayes (4) Scalze, Flanson, Fahey, Nardini. Nayes (0). Mr. Forsberg abstained. Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 91. The Park Commission would like to call for bids for blacktopping the parking area in Spooner Park. The Park Commission has $10,000 budgeted in 1981 for this purpose and a$4,000 budget carry-over from 1980. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-140 - CALLING fOR BIDS FOR THF ASPHFlLT PARKING AREA IN SPOONER PARK The fioregoing resolution was duly seconded by Mr. Hanson. /{yes (5) Scalze, Flanson, Nardini, Fahey, forsberg. Nayes (0). Resolution tl.eclared adopted. This resnlution appears in Resolution Book No. 7, Page 91. Mrs. Scalze reported that the Park Commission is requesting authorization to call for bids for the construction of a post barrier between Spooner Park and the School. This will prevent cars from driving onto the School grounds from Spooner Park. The Park Commission has a$5,000 budget carry-over from 1980 to cover the cost of this project. Mrs. Scalze introduced the following reso1ution and moved its adoption: RESOLUTION N0. 81-3-141 - CALLING FOR BIDS FOR CONSTRUCTION 0 THE S B~R E E EEN THE LITTLE CANADA SCHOOL AND SPOONER PARK The foregoing resolution was duly seconded by Mr. Hanson. ~yes (5) Scalze, Nanson, Forsberg, Nardini, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 92. Proposed P7rs. Scalze informed the Council that the Park Commission would like to Street be notified of proposed street vacations, Mayor Hanson stated that the Vacations Council u~ould do this in the future. Page -29- MINUTES City Council March 11, 1981 Advertise Vacancy On Planning Commission Due to the resignation of Mr. Dick Boss there is a vacancy on the Planning Commission. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 81-3-142 - AUTHORIZING THE ADVFRTISEMENT OF TNE VACANCY ON THE PLFlNNING COMMISSION CREATED BY MR. DICK BOSS'S RESIGNATION The foregoing resolution was duly seconded by Mr. Forsberg. Ayes (5) Fahey, Forsberg, Nardini, Hanson, Scalze. Nayes (O). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 92. Council Councilman Fahey stated that the fo1lowing items in the Councilmembers' Information agenda was for information only: The Minnesota League announcement pertaining to bonds; the Minnesota League announcement pertaining to local government aid; the miscellaneous correspondence regarding the presidential primary; and the schedule of public hearings the Council will be holding in the month of April. Pub1ic The City Clerk inquired u~hether the resident's of the City's trailer Hearing parks should be notified regarding the public hearing on the proposed Proposed rezoning of the City's trailer parks. Rezoning Of City's Mrs. Nardini stated that the residents of the trailer parks should not Tra9ler be notified as these people are not property ovaners, but merely the Parks tenants of the parks. Mr. Forsberg agreed with Mrs. Nardini. Councilman Fahey felt that as a matter of good government, the residents of the trailer parks should be notified. P4ayor Hanson stated that the public hearinq shou1d be held in the City Center. Mr. Forsberg introduced the following resolution and moved its adoption: RESOLUTIO~I N0. 81-3-143 - DECLARING THAT RESIDENTS OF THE CITY S TRAILER PARKS NEED NOT BE NOTIFIED OF THE UPCOMING PUBLIC HEARINGS REGFlRDING TNE CITY'S PROPOSED REZONINGS OF THESE TRAILER PARKS The foregoing resolution was duly seconded by Mrs. Scalze. qyes (4) Forsberg, Scalze, Hanson, Nardini. Nayes (1) fahey. Reso1ution declared adopted. This resolution appears in Resolution Book No. 7, Page 93. Page -30- MINUTES City Council March 11, 1981 Storm Sewer The City C1erk expressed concern to the Council over the way St. Paul intends Run-Off to make charges for storm sewer run-off going through the St. Paul Water Charges Treatment Plant. Flpparently, the City of St. Paul does not intend to make separate char,qes for storm sewer and sanitary sewer, but intends to include storm sewer run-off with sanitary sewer. The City Clerk recommended that the City enter into a joint powers agreement with other communities involved with St. Paul and their water treatment facility. Mr. Hanson introduced the following resolution and moved its adoption: RESOLUTION N0. 87-3-144 - ENTERING INTO A JOINT PObI[RS AGREEMENT UIITH ALL THE COMMUNITIES IPlVOLVED WITFI THF. CITY OF ST. PFlUL REGARDING TFIE S70RM SE~FR RUN-OFF GOING THROUGH THE ST. PFlUL WATFR TREFlTMENT PLANT The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Flanson, Scalze, Forsberg, Fahey, Nardini. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Pages 93 and 94. Mayor Mr. Forsberg informed the Council that Hank Tessier, the Mayor of Tessier Vadnais Heights, has resigned for health reasons. Jenny Mrs. ~lardini stated that she received a call from Jenny Costa regarding Costa a complaint she has regarding an easement she granted to the City. Complaint PQrs. Nardini asked that the City Attorney and Engineer look into this matter. Fldjourn Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION DIO. 81-3-145 - ADJOURNING The foregoing resolution was duly seconded by Mrs. Scalze. qyes (5) Scalze, Fahey, Forsberg, Nardini, Hanson. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Bool< No. 7, Page 94. There being no further business, the meeting was adjourned at 1:55 A.M. Respectfully submitted, , ,~ ' ;' < ~<':) 7 _ ; ~, ._ .~( ~e'4~..~r;=.G.~~.~~, ~..-\c,~ ,~l -- Ka~hleen Glanzer,~' ~ Recording Secretary Page -31-