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HomeMy WebLinkAbout05-27-81 Council MinutesMINUTES OF TNE REGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA May 27, 1981 Pursuant to due call and notice thereof a regular meeting of the Council of the City of Little Canada, Minnesota was held on the ?.7th day of May, 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 Scalze ALSO PRESENT: City Clerk Mr. Joseph Chlebeck City Attorney Mr. Clayton Parks Consulting Engineer Mr. Donald Carley (arrived 9:00) City Planner Mr. Brad Nielson Recording Secretary Mrs. Kathleen Glanzer Approval Mr. Fahey introduced the following resolution and moved its adoption: Of The Minutes RESOLUTION N0. 81-5-253 - APPROVING THE MINUTES OF THE MAY 13, 1981 REGULAR COUMCIL MEETING The foregoing reso1ution was duly seconded by Mrs. Nardini, qyes (5) Fahey, Plardini, Scalze, Flanson, Forsberg. Nayes (0). Resolution declared adopted, This resolution appears in Resolution Book No. 7, Page 187. Glasrud Mayor Hanson informed the Counci1 that he has reviewed the City's Utility mailing procedures with regard to utility statements. Hanson stated Statement that the City is giving adequate notice on the statements. The City Clerk also informed the Council that it is his opinion that the City has not been compounding the penalty charge on utility statements. Mr. hiol7and, representing Ted.Glasrud & Associates, stated that he knows of three cases where the penalty on the Glasrud utility statement was compounded. The City Clerk submitted to the Council a breakdown of the Glasrud Utility statements for the years 1979 and 1980, Mr. Fahey pointed out that in most cases Glasrud & Associates was using City money for great periods of time. Mr: Hol1and informed the Council that his concern is the amount of the penalty the City is charging. The City charges a 1-0% penalty per month on late utility statements. Mr. Flolland feels the penalty should be changed to 1~% per year. P~aP -1- MINUTES City Council May 27, 1981 The City Clerk reported that the City's utility statements are mailed on the 75th of each month and are due the 15th of the fol1owing month. It is 10 days after the 15th of the month in which the statements are due that the City actually charges the penalty. Mr. Holland reported that Glasrud & Associates receives the statements shortly after checks are issued, and therefore, does not process the statements until ~he 15th of the following month in which they are received. Mayor Hanson po~nted out that in severa7 instances the statements are over 60 days late. Mr. Holland again expressed concern that the City was compounding the penalty charge. Mr. Holland stated that this compounding of the penalty is considered an 9nterest charge. Councilman Fahey stated that he felt the City should not be charging a penalty on top of a penalty. However, Fahey would not change the 10% penalty charge the City is currently charging on late utility statements. Fahey suggested that Mr. Holland get together with the City Clerk to determine in which instances the City compounded the penalty charge, and the City should waive those amounts. The City Clerk po9nted out that in the Fall of 1979 the Council waived the penalty charge for the Venetian Inn on some utility statements that were paid within 5 days of the penalty date. This was due to a change in the billing procedures of the City. Councilman Fahey agreed that the City should do the same for Ted Glasrud & Associates on those statements which the Council has before them tonight, namely for the years 1979 and 1980. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 81-5-254 - INSTRUCTING TNE CITY CLERK TO SIT DOWN WITN A REPRESENTATIVE Of TED GLFlSRUD & FlSSOCIATES AND GO OVER THEIR UTILITY STATEMENTS AND If ANY OF THESE STATEMENTS ARE FOUND TO HAVE BEEN PAID WITHIN FIVE DAYS OF THE PENALTY DATE, THE PENALTY ON THOSE STATEMENTS ShiOULD BE REFUNDED, AND IF IT IS FOUND THAT THE CITY HAS BEEN COMPOUNDING A PENALTY CFIARGE ON Fl PENALTY, THOSE AMOUN7S ARE TO QE REFUNDED, FlND fURTHER INSTRUCTING THE CITY CLERK THAT IF THERE ARE ANY CHARGES THAT THE CLERK AND TED GLASRUD & ASSOCIATES CANNOT AGREE ON, THESE ARE TO BE BROUGNT BEFORE THE COUNCIL FOR REVIEW The foregoing resolution was duly seconded by Mrs, Scalze. Pyes (5) fahey, Scalze, Flanson, Forsberg, Nardini. Nayes (O). Resolution declared adopted, This resolution appears in Resolution Book No. 7, Pages 1II8 and 189. P~r. Ho1land informed the Council ~at a utility statement received by Ted Glasrud & Associates in November of 1978 and paid during 1979 Page -2- MINUTES City Council May 27, 1981 is a case in which the statement was paid within 5 days of the penalty tlate. Mr. Holland requested that this penalty charge be considered for refund. Mr. Fahey stated that it was the intent of his motion that only the years 1979 and 1980 be reviewed, and therefore, the November, 1978 statement should not be considered. City Mr. R~ichard McNamara of the McNamara Insurance Agency appeared before Insurance the Council. Mr. McNamara reported that the City obtained the Public Coverage Officials Liability Policy at a cost of $8,279 for a three-year period. & The There is a$1,000 deductibte on a defense and claim basis. The Schrier maximum coverage amount is $1,000,000. Property Mr. McNamara reported that Councilman Fahey asked him to explore the wrongful act provision of the policy. Mr. McNamara stated that the policy covers wrongful acts, but not willful acts. The policy does not cover punitive damages. Mr. McNamara further reported that the policy excludes a11 willful acts and inverse condemnation. Mc~lamara was not sure how the inverse condemnation provision applies, he assumed it may apply to downzoning of property. Mr. McNamara contacted some law firms and could not get an answer to this. The insurance companies he contacted could not provide an answer either. Mr. McNamara felt it was a point of law that would have to be decided on in a court. Mayor Hanson asked if Mr. McNamara contacted the State Insurance Commissioner on this question. McNamara replied that the Insurance Department will not give out an opinion on any insurance contract. The Flttorney stated that in his opinion under inverse condemnation the property owner could attempt to compel the City to condemn his property, and this would be excluded from the insurance policy. Attorney Parks felt that the City is not covered for downzoning damages in this Public Officials Liability Policy, as there would be so many ctaims of these types that insurance companies would not offer this type of coverage. Mr. Fahey stated that it was his fieeling that the C.ity was probably not covered for downzoning, and, therefore, he was not in favor of the policy. However, fahey stated he was unclear because of the inverse condemnation provision. Fahey suggested that the Attorney send a letter to the insurance company outlining the situation the City has and request an opinion on whether the poticy would provide coverage. Mrs. Scalze asked who would determine whether an act was wrongful or wi11fu1. The Flttorney replied that if the Council di~ something that was wrongful knowingly, then it is cons~dered a willful act. However, the Council would not knowingly violate its own ordinances. The downzoning of property is not necessarily wrongful. Page -3- MINUTES City Council May 27, 1981 The Flttorney further stated that the insurance policy would take up the cost of defense in a downzoning claim. Parks fe7t that a downzoning claim is probably a gray area and it would not be unti7 the case was decided in court that it would be determined whether the insurance policy would provide coverage. Fahey stated that it would be possible that the City would have coverage for defense in a downzon~ng case, but not coverage for any damages that might be awarded. Parks felt that generally downzoning damages are not covered 6y insurance companies, or the insurance companies would be out of business. However, Parks felt that just the coverage for defense costs might be worth the cost of the po7icy. Mrs. Nardini asked if just the amount of records within the City pertaining to the Schrier property including the appraisa1s on the property would put the City in the position of doing a willful act in any downzoning of this property. Fahey replied that willful means the Council would do an illegal act willfully. Mrs. Scalze stated that the downzoning of the Schrier property might be legal, but it could cost the City. The Attorney stated that in a downzoning it is not always found that the owner should receive a demunition in value on the property. Courts are taking the position that the City has more authority to do these types of things than they have found in the past. Courts are recognizing the authority of the City to make changes for the good of the whole. If the City has good reasons for the downzoning, and not just because the neighbors want it, than there is solid reason for the downzoning. Such reasons should be perhaps the health or safety of the area or drainage prob7ems, increased crime and police costs. The City must have actual data to back up these c1aims. Mayor Hanson cited the case of the Mosted property and the City's having to pay $40,000 in damages. The Flttorney replied that in this case the City took property away from the owner. In a downzoning, the owner would still have the property to develop, but it could only be developed in a different fashion. Also the Mosted case went to a jury, and juries generally sympathize with the property owner. Mr. McNamara informed the Counci1 that the insurance company has to7~ him that out of 16 cases they have handled on downzonings, the insurance company won 15 of them and only one is going before the Supreme Court. The Attorney felt these cases probably involved special use permits or variances, with downzonings only being a small proportion of the cases. However, the Attorney felt that the City would prevail in the great majority of these types of cases. Mrs. Scalze did not feel the City had documented evidence on a traffic problem or crime problem in the area of the Schrier property. Page -4- MINUTES City Council May 27, 1987 The City Planner pointed out to the Council that if the City choose to adopt the DMR's shoreland regulations, this could affect the development of the Schrier property. Mr. Fahey informed the Council that he requested the subjects of the Schrier property and the City`s insurance coverage be put on the agenda as if the Council ~s going to reconsider action on the Schrier property it shou7d do so at this Counci1 meeting. Otherwise, the Council would have to hold additional public hearings on the poss9ble downzoning of the property. Mr. Forsberg stated that he liked the Schrier proposal with the senior citizen housing. Forsberg pointed out that he is opposed to additional apartments in the City, and that he would like to work with Mr. Schrier on his proposal. Mr. fahey suggested that perhaps the City should try to work out some type of an agreement with Mr. Schrier. Mrs. Nardini stated that Mr. Schrier does not want to enter into an agreement that will restrict his property. ~lardini felt the Council always had the option to downzone the property. Fahey stated that this property is an investment for Mr, Schrier, he is looking for depreciation and tax shelter, fahey felt Schrier wi11 wait until the time is right, and then he will be in for a building permit for apartments. Fahey felt that Schrier is interested in senior citizen housing, but that everything has to fall into place for this, and if it doesn't the City will be left holding the bag. Mrs. Scalze pointed out that the neighbors in the area do not want R-2 zoning on the Schrier property, but R-1. fahey felt it was not good business to take Mr. Schrier's word on the development of the property, but that the City should try to get a letter of intent or an agreement from Schrier. Mrs, Scalze suggested that perhaps the City Attorney should meet with Schrier on this, Mr. Parks stated that it was his impression at the last meeting on this subject, that Mr. Schrier did not want the City Attorney and his Attorney to work out such an agreement, because they do not know what is in his best interests. Parks felt that Schrier would enter into some type of agreement with the City. Parks stated that the senior citizen housing proposal is a two or three year process and no one knows what will happen with government grants. Fahey suggested that the agreemerrt contain that Schrier agree not to apply for a building permit for apartments until he has exhausted the possibilities on senior citizen housing. Mrs. Nardini stated that Schrier may ask the City to rezone a portion of his R-7 property, and this could give the City some trouble. Nardini stated that she would be happy with a letter of intent from Mre Schrier. Page -5- MINUTES City Council May 27, 1981 Mrs. Scalxe stated that it was her feeling that the City presently has a piece of R-3 property and that senior citizen housing shou7d go on R-3 property. If the City downzones this property, it may have to pay damages, and then up-zone the property to get senior citizen housing on it. Mrs. Nardini introduced the following resolution and moved its adoption: RESOLUTIOM N0, 87-5-255 - INSTRUCTING TNE CITY ATTORNEY TO CONTACT MR, SCHRIER TO SEE IF THE CITY CAM WORK OUT FlN AGREEMENT WITFI MR, SCHRIER TO THE SATISFACTION Of BOTH PARTIES The foregoing resolution was duly seconded by Mr. Forsberg, Ayes (5) Nardini, Forsberg, Hanson, Sca7ze, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Reso7ution 6ook No. 7, Page 189, Mr. Fahey stated that the agreement should contain that Mr, Schrier wi11 not apply for a bui7ding permit for apartments until he has exhausted all possibilities for senior citizen housing. Fahey also stated that it will not be possible to put senior citizen housing on R-3 property as it is too expensive. It is more feasible to purchase R-1 property for this purpose and up-zone it. Fahey also stated that if the Public Officials Liability Policy does not provide coverage for downzoning, he would like to revoke the policy. Mr. McNamara stated that this was the broadest contract available in the country. McNamara felt the taxpayers of Little Canada should protect the Councilpeople, who are trying to protect them, McNamara stressed that this policy provides protection for the personal financial situation of the Councilmembers. Also the Council has saved the City maney on insurance costs in other areas, which makes up for the cost of this insurance policy. The City Attorney pointed out that defense costs could run the City at least $2,500 per day. Mayor Hanson felt that the policy was not too expensive in view of the numbers of people it covers. Hanson also felt that the Council shou7d not have to put its personal financial situations on the line. The Attorney suggested that he submit a letter to the insurance company outlining a hypothetical situation and requesting their opinion on whether the insurance policy wou7d provide coverage. The Attorney also stated that the Council owed this insurance pro$ection to themselves. Parks suggested that the Council could do a 6etter job without the worry of protecting their personal financial situations, Page -6- MINUTES City Council May 27, 7981 Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0, 81-5-256 - INSTRUCTING THE CITY A770RNEY TO WRITE A LETTER TQ THE CITY'S INSURANCE COMPANY OUTLINING A HYPOTHETICAL SITUATION WITH SPECIFICS AND REQUEST THEIR OPINION AS TO WHETHER THERE WOULD BE INSURANCE COVERFlGE UNDER THE PUBLIC OFFICIFlLS LIABILITY POLICY The foregoing resolution was duly seconded by Mr. Fahey. qyes (5) Scalze, Fahey, Hanson, Nardini, Forsberg. Nayes (0 ) . Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 190. Shoreland Mrs. Sca1ze suggested that the DNR be asked to make a presentation to Regu7ations the Council on their shoreland regulations. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 81-5-257 - INSTRUCTING THAT THE DNR BE REQUESTED TO MFlKE A PRESENTFlTION TO THE CITY COUNCIL ON SHORELAND REGULATIONS AT THE JUNE 24, 1981 REGULAR COUPICIL MEETING The forego~ng resolution was duly seconded by Mrs. Nardini. Ayes (4•) Scalze, Nardini, Hanson, Fahey. Nayes (0). Mr. Forsberg was not present. Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 190. Krueger Mr. Krueger appeared before the Council requesting a variance so that Garage he can construct a garage on his property that would 6e located not Variance less than 19 feet from his property line. Mr. Krueger owns a corner Request lot and City Code requires that the garage be 30 feet from the property line. Mr. Krueger has a problem with the location of some ceptic tanks on his property that would prevent him from not complying with the 30 foot setback requirement. Mrs. Nardini pointed that the Building Inspector had made an error and issued Mr. Krueger a building permit for this garage. Nardini felt the Building Inspector was not aware that this was a corner lot. P4rs. Scalze stated that Mr. Krueger should submft to the Council a sketch of where the garage would be located. fahey suggested that the Council should have a survey of the property. Mrs. Nardini pointed out that the neighbor's garage is 19 feet from the property line. Nardini also stated that there was a lot of potential for the development of this area. Page -7- MzNUrEs City Council May 27, '19II1 Mayor Hanson stated that he saw no problem with the request as long as Mr. Krueger stayed in line with his neighbor`s garage, Mr. Fahey stated that he did not feel the request met the requirements of a hardship under the City's ordinance. Fahey also pointed out that the City is considering the adoption of an ordinance that would allow a setback to be the average of the City's setback requirement and that of adjacent properties. This ordinance will be considered at the June 10 Council meeting, Fahey felt the Krueger request may fall under this proposed ordinance. The City Clerk pointed out that this variance request requires a public hearing. Mrs. Nardini asked if a special use permit could be issued for this garage. The City Planner stated that it could not as it ~vas not listed in the City`s ordinance. The C7erk informed the Council that they could waive the procedures for a variance request in this case. The City Planner stated that he was not aware of a waiver provision in the City's ordinance. The Planner informed the CounciJ that other communities had a provision to provide for a waiver in the case of minor variances. The Planner stated that it was his opinion that it is only fair to give the neighbors a chance to voice their opinion on these things, However, there are situations where the public hearing process becomes cumbersome. Fahey suggested the City call for a public hearing on this request and in two weeks the Council wi11 be considering the ordinance amendment regarding the averaging of setbacks, and perhaps the Krueger matter could be taken care of if this ordinance amendment is adopted. The Attorney stated that if the Council got a waiver from each of the propertyowners within 350 feet of the Krueger property, they could dispense with the public hearing. Mrs. Sca1ze felt this would not be fair to other people who have made variance requests. Mrs, Nardini pointed out that the Council held up Mr. Kath on his variance request. Mr. forsberg expressed concern that the Council keeps making changes to the ordinances because of requests such as Mr. Kruegers, Forsberg stated that because Mr. Kath does not have enough property to build an accessory building, the Council is going to consider an ordinance amendment on June 10. Mr. Fahey stated that the 6uilding Inspector should p7ace the Krueger structure assuming that the Council would adopt the ordinance amendment it will be considering on June 10. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 81-5-258 - CALLING FOR A PUBLIC HEARIPlG AT THE JUNE 24, 1981 REGULAR COUNCIL MEETING ON THE KRUEGER VARIANCE REQUEST Page -II- MINUTES City Council May 27, 1981 The foregoing resolution was duly seconded by Mr. Fahey. F~yes (5) Scalze, Fahey, Flanson, Forsberg, Nardini. Nayes (0 ) . Resolution declared adopted. This reso1ution appears in Resolution Book No. 7, Page 191. The Planner asked the Council if he should draft an ordinance amendment that would deal with manor variance requests. Mr. Forsberg stated that with all the amendments to the City's ordinances, the City wi11 end up in the position it was 10 or 15 years ago. forsberg stated that in the Kath situation the reason his trucks are out of his building is due to his expansion of his sheetmetal business, and not because the Fire Department requested this. Mrs. Nardini also stated that she does not like the ordinance amendment that the City wi77 be considering on June 10, especially in the case of residential property. fahey suggested that the City stick with the ordinance it has now on variances and follow this one. Comprehensive Plan The City Planner reported that the City has received comments from Metro Council on the City's Comprehensive Plan. The comments were generally very favora6le. There are some minor inconsistencies that the Metro Council has brought up. Metro Council is suggesting that the map showing community parks be revised to indicate the Grass-Vadnais Lake regional park and the regional snow- mo6ile trail from Phalen-Ke17er regional park to Keller-Bald Eagle Lake regional park. Metro Council next pointed out that there is a discrepancy in the Transporta- tion P1an between the City and Ramsey County regarding proposed street classification and traffic volumes. The Planner stated that the City disputes the classification of Beam Avenue, and shou1d again point this out to Metro Council and re-emphasize the City's feelings on this. Fl7so the City should explain its sources for traffic volume and indicate that it is wil7ing to adjust these figures. The Metro Counci7 is also requesting some revisions on the City's CIP, and the Planner indicated that he has these figures and will make the necessary rev~sions. Metro Council is requesting a description of the City's ordinance governing collection and disposal of solid waste. The Planner felt that providing Metro Council with the Crty's trash hauling ordinance may take care of this. The Planner stated that he will review this ordinance and give the City a recommendation on this. Page -9- MINUTES C9ty Council May 27, 1981 Mr. Fahey asked what happens if the Metro Council still disagrees with the City's position on Beam Avenue. The Planner stated that it would be a negotiating situation. The Planner also pointed out that the City of Map1ewood agrees with Little Canada's position on Beam Avenue. Mr. Nielson stated that he did not see any prob1em with this, Mayor Hanson stated that the City shou1d be concerned with the closing of the intersection on County Road D and Flighway 61. The Planner stated that there should not be a problem, considering the way Litt1e Canada has been cut up in the past. The Planner also stated that Metro Council will require an update of the City's sewer plan, and will also be looking at the adoption of the b1PC-40 Program. The Planner stated that he will pursue these concerns of Metro Council and will give the Council a copy of his reply. The Planner indicated that Metro Counci1 has scheduled the review for June 11. Since the next Council meeting is June 10, the Planner requested that he be allowed to submit his reply to Metro Council and inform them that it is subject to the ap~roval of the Council. The Council can review it on June 10, and the Planner will call Metro Council on June 11 to indicate whether the revisions have Council approval. Mrs. Nardini asked the Planner if the Comprehensive Plan indicated a bike trail on County Road B-2 between Edgerton and Arcade. The P1anner indicated that there is a proposed bike trail for this area. 1'he Planner a1so indicated that he has reviewed the Comprehensive Plans of the City of Vadnais Heights, Roseville and Ramsey County. The P7anner felt that there was nothing critical to the City of Little Canada in these plans. The Comprehensive Plan of the City of Roseville is consistent with Little Canada's Plan. Little Canada's land use on Rice Street is more intense than that of Roseville's. The City might want to send a letter noting this difference. The Planner stated that in the City of Vadnais Heights apartment development is handled through conditional use permits. The City does not require that public hearing notices be sent out on apartment development. The Planner suggested that Little Canada request that Vadnais Heights inform Litt1e Canada residents affected of this type of proposed development. Mrs. Scalze pointed out that additional apartments and commercial develop- ment is proposed for the remaining area of County Road D. Mrs. Scalze also expressed concern for the development of Edgerton Street in Vadnais Heights. Scalze was concerned with the traffic situation on Edgerton. The Planner suggested that in the interest of cooperation Little Canada should request Vadnais Heights to nogify the City when something is going in on Little Canada's borders. Page -10- MINUTES CITY COUNCIL May 27, 1981 Mrs. Scalze stated that Vadnais Heights should make provisions to get their traffic elsewhere. The Planner also suggested that Little Canada make their position known to the Metro Council. The Mayor suggested that the City Planner address this issue to the Metro Counc9l. Mr. Forsberg pointed out that there already is a serious traffic problem on Edgerton. Forsberg stated that the Metro Council should step in, until Vadnais Heights comes up with a proposal to handle their traffic. Forsberg suggested that Vadnais Heights put in a fu11 cloverleaf in this area. The Planner suggested that Little Canada say they are very concerned with the land use pattern that has developed in Vadnais Heights to date and with the larger projects on the north s9de of the freeway and the resulting traffic problems. The Planner also suggested that the City consider an official letter to the City of Vadnais Heights to let them know that the City is expressing these concerns to the Metro Council. The Planner stated that there are some discrepancies in the street classifications between the City of Vadnais Heights and Little Canada. These will be reviewed in relation with the traffic situation. The Planner indicated that the County's Comprehensive Plan has some information on multiple family land use for Little Canada that he does not know where it came firom. The Planner will inform the Metro Council to take a look at Little Canada's plan with regard to this. There are also some discrepancies on transportion figures. The County's figures are acceptable. The Planner stated that there are also discrepancies on funding designation. These discrepancies will be pointed out to the County. City's Mayor Hanson informed the Council that when the City's population increases Liquor by approximately 400 additional people, the City wi]1 be in a position to License offer another off-sale liquor license. The present owners of the C.ity's Fees three off-sale liquor licenses are concerned that this wi11 unfavorablY affect their businesses. Hanson also reported that it has heen rumored that MGM is seeking another location, possibly in Little Ganada. Mr. Forsberg stated that he was informed that at least two of the present off-sale liquor license holders are prepared to sell to MGM, Forsberg stated that rather than issue a new license, if MGM is seeking a location in Little Canada, they shou1d buy a present license. Council suggested that the City ordinance be amended to state that a fourth off-sale intoxicating liquor license wi71 be available when the City's population reaches 10,000. Page -11- MINUTES City Council May 27, 19II1 Mr. Forsberg introduced the following resolution and moved its adoption: RESOLUTION N0. 81-5-259 - AMENDING ORDINANCE N0. 87 SO THAT THE CITY CANNOT ISSUE ANY ADDITIONAL OFF-SALE INTOXICATING LIQUOR LICENSES UNTIL THE CITY OF LITTLE CANADA REACHES THE POPULATION OF 10,000 The foregoing resolution was duly seconded by Mrs. Scalze. l~yes (5j Scalze, Fahey, Flanson, Forsberg, Nardini. Nayes (01. Resotution declared adopted. This reso1ution appears in Resolution Qook No. 7, Page 191 and Page 192. The City Clerk asked if Ramsey County had the authority to issue liquor licenses. The Attorney replied that the County has this authority in areas not governed by a city. Mrs. Scalze pointed out the City's liquor license fees are low in relation to what other cities are charging. The City Clerk also suggested that the Council set a fee for the transfer of liquor licenses. The Clerk suggested a fee of $300 for on-sale intoxi- cating 1iquor licenses and $100 for off-sale intoxicating liquor licenses. It was suggested that the City's fee for on-sale intoxicating liquor licenses be increased from $1,500 to $3,000 due to the doubling of the City's popu- lation since 1970 and the fact that this fee has not been increased since 1970. Also increased costs to the City for police protection was noted as a reason for the increase in the fee. Mayor Hanson stated that he was not in favor of doubling this fee at this time. Mrs. Scalze introduced the foltowing resolution and moved its adoption: RESOLUTION N0. 81-5-260 - AMENDING ORDINANCE N0. 87 TO INCREASE THE FEE FOR N-SALE TNTOXICATING LIQUOR LICENSES FROM $1,500 to $3,000 AND FURTHER ESTABLISHING A$300 TRANSFER fEE FOR ON-SALE INTOXICATING LIQUOR LICGNSES AND $100 FOR OFF-SFlLE INTOXICATING LIQUOR LICENSES FlND FUR7HER DECLARING THFlT THE REASONS fOR THE INCREASE IN THE ON-SFlLE INTOXICATING LIQUOR LICENSE FEE IS DUE TO TfIE FACT THAT THERE HAS BEEN NO INCREASE IN THIS FEE SINCE 1970 FlND THE CITY'S POPULATION HAS DOUBLED IN ThIFlT TIME AND ALSO DUE TO THE INCREASE IN COST TO THE CITY FOR POLICE PROTECTION The foregoing resolution was duly seconded by Mr, Fahey. qyes (4) Scalze, Fahey, Nardini, Forsberg. Nayes (1) Hanson. Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 192. Page -12- MINUTES City Council May 27, 1981 Mrs. Nardini indicated that the off-sale liquor license fee is set by State Statute. Mr. fahey indicated that the State allows a$150.00 fee for this license and the City is charging $100.00. Mr. Fahey introduced the fo1lowing resolution and moved its adoption: RESOLUTION N0. 81-5-261 - AMENDING ORDINANCE N0. 87 TO INCRE SE THE 0 F-SALF. INTOXICATTNG LIQUOR LICEDISE FEE FROM $100.00 TO $150.00 WHICN IS THE MAXIMUM ALLOWED BY STFlTE LAW The foregoing resolution was duly seconded by Mr. forsberg, Ayes (5) Fahey, Forsberg, Hanson, Nardini, Scalze. Nayes (0). Resolution declared adopted. This reso1ution appears in Resolution Book No. 7, Page 193. Counci1 also felt that the City's off-sale non-intoxicating liq~aor license fee should be increased from $5.00 to $25.00 and the on-sale non- intoxicating liquor license fee shou7d be increased from $40.00 to $80.00. It was felt that the fee for a wine license was adequate at $100.00. Mr. Forsberg introduced the following resolution and moved its acioption: RESOLUTION N0. 81-5-262 - AMENDING ORDINANCE N0. II7 TO INCREASE THE OFF-SALE NON-INTOXICATIDIG LIQUOR LICENSE FEE FROM $5.00 TO $25.00, TO IMCREASE THE ON-SALE NON-INTOXICATING LIQUOR LICENSE FEE FROM $40.00 TO $80.00 AND TO LEFlVE THE 41INE LIQUOR LICENSE: FEE AT $100.00 The foregoing resolution was duly seconded by Mr. Fahey. Flyes (5) Fnrsberg, Fahey, Nardini, Scalze, Hanson. Nayes (0). Resolution declared adopted. This resolution appears in Reso7ution Book No. 7, Page 193. The City Clerk suggested that a transfer fee be set for the off-sale non- ~ntoxicating liquor licenses, the on-sale non-intoxicating liquor licenses, and the wine license. Mr. forsberg introduced the following resolution and moved its adoption: RESOLUTION N0. 81-5-263 - SETTING A TRANSFER FEE OF $10,00 FOR THE FOLLOWING: THE OFF-SALE NON-INTOXICFlTIPIG LIQUOR LICENSE, TFIE ON-SALE NON-INTOXICATING LIQUOR LTCENSE AND THE WINE LIQUOR LICENSE The foregoing resolution was duly seconded by Mrs. Scalze. qyes (5) Forsberg, Scalze, Hanson, Fahey, Nardini. Nayes (O). Resolution declared adopted. This resolution appears in Resotution Book No. 7, Page 194. Page -13- MINUTES City Counci1 May 27> 1981 The State Fire Marshal7 has submitted a report to the Council outlining recommendations regarding Hoggsbreath. Council felt that the issuance of the Floggsbreath liquor license should be contingent upon these recommendations being complied with. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 81-5-264 - REQUIRING THAT AS A CONDITTON OF THE ISSUANCE Of THE LIQUOR LICENSE TO HOGGSBREATH, THFlT HOGGSBREFlTH COMPLY WITH TNE RECOMMENDA7IONS OF THE ST~TE FIRE MARSHALL The foregoing resolution was duly seconde~ by Mr. forsberg. qyes (5) Fahey, Forsberg, Hanson, Nardini, Scalze. Nayes (O). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 194. Cancellation Of Flnimal The City has been notified that the Town of White Bear is cancelling Control their animal control contract with the City, Contract It was noted that Mr. Thomas Angley, who recently resigned as ths Animal Control Officer for the Town of White Bear, may be interested in contracting directly with Little Canada for this service. P~rs. Scalze stated that Mr. Angley wi11 probab7y contact the City regarding this matter. Lake The City of Maplewood has invited the City Clerk to attend a meeting regarding Overflow Phalen overftow. This meeting will be held at Maplewood on May 28th. Meeting Mrs. Nardini inquired how the figures for lake overflow cost distribution were arrived at. Mrs. Scalze stated that she thought impervious surface was a consideration in these figures. Mayor Hanson instructed the City Clerk to get a determination on how these figures were arrived at. Emergency It was noted that the City Clerk will attend a meeting on Thursday, Medical June 4, for an overview of Health Central's paramedic system in northern Service Ramsey County. Flpproval St. John's Church ~s requested approval of a dance permit and an on-sa1e Of Dance 3.2 beer license for their picnic to be held on Flugust 1 and 2, 1981. Permit & They are also requesting permission to use the snow fences and overhead 3.2 Beer wiring and lighting that was used at the Canadian Days Celebration, Permit For St. John's Church Page -14- MIN U'Pi'sS City Council i~~Y 27, 198~. Yarxirig Yroblem At 13rady~s & Hoggsbreath Award iaag Sealcoating 73id Niayor Hanson reported that the City received a letter from Ed Cave & Sons, Sxic, concerning a parking problem at Ho~gsbreath and Bradyos. l~layor Hanson stated that this was a private ma'tter and the City should not become involved iri it. The Czty received the Y'o1:Lowing bids for the sealcoating of' City streetse i3id A].ternative A Sealcoat~.zzg of streets with sweeping before and afterwards,) T. A, Schii'sky ~3iturninous Roadways Bituminous Construo~ tion & Contracting Co. >3¢ per sq, yard 41¢ per sq, yard l~7.2r~ per sq. yard Bid Alternative !i Sealcoating of ~ streets with sweeping before.) 51 1/2¢ per sqe yard 36 i/2µ~ per sq. yard Ltlr~ per sq. yard 7'he City received the f'ollowing bids for sweeping o£ City streets after sealcoatingc Crosstown Sweeping Arneracan Sweepers ~r~6I~0p0.00 W4/1e32 iv3r. Forsberg introduceci the followan; resolution and rnoved its adoptione N.ESOLUTION DIO. F17.-5-266 - ACCEPTING 'I'HE BID OF BITUMI'NOI7S ki~ADWAY k'UR Se;ALCOA`i':LNG Ok' CSTY STR.EE'PS `vJITi30U^1 S1dE;EPING AF'TEHWA~ZDS AT 3~ 1/2 CENTS YER S~UARks XA~tD AN~ FUN.TIIER ACCEYTING THE BID OF AMERICAN SWE~PERS k'O~Z S"w'EEYING OF CITX S'1'NEETS AF'TER S1~ALCOATING oF ~49A.32 Water improvements ['he foregoi.ng resoiution was duly seconded by ~Irs, IVardini, Ayes (5) F'orsberg, Nardini, fianson, Scalze, Faheye Nayes (0)0 Heso~lution declared adop'ted. Tha.s resolution appears in Hesolution IIoox No> 7, Pages ~.95 and 196. Ihe f5ngineer submitted to the Counci:~ his recommendations for watermain improvements in the City f'or 198J., They are as followse i, Ftice Streei fxom z4innesota A.venue to tiittle Canada Roaclg 2, Iona Lane; 3. llernont ~rom Na.ce to Jacicsan; 1t. County ttoad B-2 from St, Jude's I~iedicaL to ~ackson; 5. Jacxson from County Hoad 13-2 south 350~; 6, County Hoad ]3-2 from Edgerton to Ke11er Yarkway; 7, Ureenbrier Circle; 8, llianna Lane and liaanna Court; ), Edgerton Prom Little Canada Road to County Road D, Yage -15.. i~1INUTES City Council f4ay 279 1951 Ntr, Forsberg reported that Kellogg High School i~ planxiing to hook up to water frorn the watermain that runs along the raa.lroad tracks on the Glasrud property, Councilman r'ahey asked whero Kellogg would be assessed for watermain. The ~;ngineer replaed that Kellogg would be assessed along llemont and Yark Street except for the north 150 f'eet of Yark Street at the time this unprovement would go in. l~ir, Forsberg stated that the School presently has an ;~11,000 dei'erred a,ssessment for sewer, but no assessment for water, Mrs. Scalze expressed concern that some reszdents who are located on Schletty llrive but hooked up to water from Little Canada itoad were required to put money into escrow for future watermain assessments on Schletty llra.ve. t~rr, Fahey stated that iSe:llogg should be informed that if they hoox up to the watermain siong the railroad tracks, they will still be assessed for waterrnain improvement on Demont and Parx Streets when such improveraent is put in. Nlr. F~ahey introduced the following resolution and moved its adoption: RESOLUTION N0, 81-5-2b7 - GRANT7NG Y~;tu4I5SI0N TO THE SCHOOL D'SSTRICT TU HOOK UP TO 7.'HE WATEE~tiAIN 1:UCATED i+TliAR `PHk; 1tAILtZOAD `PHACRS 01! THE `i'ED GLA:iI?UD & ASSOCIATGS PHOYEfZl'Y PE30VST1ING THAT THE SCHOOL DISTHICT SIGNS AN AGRk;LMENT STATTNG THA'P `['HliY WILL PAX TfTEIR F'RpNT FOOTAGI: ASSESSMENT FOR WATERitiI~1IN WHEN IT IS PUT IN ON DEMQN`I' ANll PAHiC STt'Z~'ETS I;XCEYT F'OR THE NORTH 150 FEET ALUNG YARTS S`PR:E.E'P9 AND THA'1' `PHEY BE Dlik~]ED SN FAVOR OF ANY SUCki WA.1'EHNIAIN IMk'RpV~:MEi~1T The foregoing resolution was duly seconded by 14xs, Scalze. Ayes (5) Fahey, Scal.ze, Ilanson, Nardini, k'orsberg, Nayes (O). Resolution declared adopted. This resolution appears in Hesolution Book Ido. 7, pages ly6 and 197> `Phe City Clerk stated that the School llistrict will xieed a permzt .from the railroad to ,jacic a waterline under the railroad tracks. The t~ngiz~eer stated that the xazlroad may also require a special insurance policy to do this> With regard to the L'ngineer~s recommended improvements, P+ir, Fahey stated that he felt the Rice Street improvement was crib:ical, but that the City shou].d not force water on anyone not wanting it, `1'he Nx~gineer stated that the only reason he is bringing up Rice Street is because of' the County bike paths that are planned for that street, ~t wou:td be easier to put water in before the bike paths went in. Page -16- i~1IiVUTLS City CounciJ. i~iay 27~ 19f31 Mr. F'ahey asiced if the City had enough money to order all the irqprovements the Engineex is recommending, 'Phe City Cierk stated that the City~s mill rate is pretty high at present. `Phe Clerk aiso pointed out thai ii' the Council called for public hearings on all the 9.mprovements, it would taxe a 4/sthos vote of the Council to order the improvements> T~ir. F'orsberg stated that he agreed with the ktlce Street ifnprovement and some of the ottiers, but if the remainder were desired, the people would be petitioning the Council for thern, Niayor Hanson stated that he did not want io see peop.i.e stuck with a high assessment on a small water project. It would be better to ordex the improvements with a large projact and get a lower rate for the work. }ianson also pointed out that senior citizens can apply for a de£erxment, Fahey stated that he agreed with Mr, k'orsbexg and was not in favor of the improvements unless tne people petitioned £or tnem, Nlrs> Scalze stated that the Council knows there are people on County Hoad I3-2 and Greenbrier Circle that are interested in water. Mrs, Nardini stated that the people on Dianna Lane and Dlanna Court do not want water, Mrs. Nardini 9.ntroducsd the i'ollowing resolution and moved its adoption: RESOLUTION N0. ftl-~-26tS - CALL:LNG F'OR. A PUBLIC HEAFttNG ON THli NSI~; ARE;AS i?k~COi~iMf:NDED 1~Y `PtI~: CITX E~iVUTNEER F'OR rn7ATERt~SAtN L~iPROV~M~,NT FOR JUVE 2Ly~ 1981 The foregoing resolution was duly seconded by Mr. Hanson. Ayes (2) ilardini, Hanson. Nayes (j) Scalze, Forsberg, Fahey, Resolution denieu, i~Tr. Forsberg introducea the follo*aixig resolution and moved its ado~tion; FtESOLUTION N0. 81_5_26y - CALLSVG I'UH A PUBLIC HI:FlRING ON~~t~S~l, 3, 11, 5s ba ~VD ~7 FOH WA`CENi~iASN litiTPROUlii~l[+.1IR' The foregoing resolution was duly secoraded by Mr. FaheJ. Ayes (5) Forsberg9 Fahey9 Hanson, Nardini, Scalze, Nayes (0). Hesolution declared adopted. This resolution appears in Hesolution Boox No. 7, Yages 198 and 19g, Dry ~raater ivirs, Scalze suggested that whenever a nerr street is put in, the Caty Lines should require that dry waterlines also be i~stalled. The Engineer stated that usuaJ.ly when pressure is put into a dry waterline, leaks are found, Page -17- ON `' 9 lytfl. AND IIJSTRUCTSNG `.CHE CITY TG ADVERTISL IN IT5 LEGAL iV'WSYAYER THAT ANY R.I'sSIllENTS OF LIT`PI,E CANAUA II~ITER~S`i'ED SN W~Tk~Na`4IAA1N IMPRUVEMENT SUBa~IIT A PETITIOiV FOR SUGI[ Ii~ik'h'OVEi~k.N7.' '1'0 THE CITY COUNCIL M:CNUTI;S City Councii NiaY 279 1981 '~lash put Nirs. Scalze asked the 'Lngineer iF he would .Look at a wash out that Ixi is an Spooner Yarx. 1^he wa,sh out a.s causing the asphalt bike bath Spooner to break up, Yark 'i'he E;ngineer stated that he would look at this, Sprospty Mrs, Scalze reported that I~ir. Sprospty Fill parmit has expired, but Land NLr. Sprospty still has some commercial equipment and debree to be F'illing cleaned up. Mrs, Scalze asked i£ comcnercial equipment coulcl be stored on residential propsrty. The Attoxney re~lied that commercial vehicles cannot be parked ox stored on residential propexty, i~iayor IIanson stated that he would speaic to I~r. Sprospty about thism Clty~s i~irs. Scalze reported that both the cities of PSaplewood and Vadnaa.s I~'ire Eieights have fire ratings o£ 6. I~irs, Scalze requested that the Rating appropriate government bodies be contacted to requesi a reduced fire rating for Little Canada. Litt7.e Canada~s current rata.ng is 7 and Nirs. Scaize f'eels it should be 6, N1r> Foxsberg informed the Council tP~at Little Canada~s fire rating was 10 at orie tirne9 but was reduced to 7 due to the efficiency of the City+s Fire Department, i~Yrs. Scalze introduced the following resolution and moved its ado~tiona Hk;SOLUTION N0, 81-5-270 - INSTRUCTIIvTG 'S'I3~; CITY CLEHK '1'0 CpNTACT TIiE YYROY T~ t30DIE5 AND kZ~GJUEST A L~WE;RING OF THE CI'PY OF LITTLE CAivADAoS FIkZE RATING FROI~i 7~ro 6 The foregoing resolution was duly seconded by Mrs. Nardini, Ayes (5) ~calze9 Nardini, Hanson, Forsberg, Fahey, Nayes (0). Resolution declared adopted. Tnis resolution appears in Hesolution Book No. 7, Yage 199, Sewer The Lrigineer subm:itted to the i~layor for his signature a sewer system Systein eva].uation survey, The Council authorized the survey at a past Evaluation Council meeting, 1'he Engineer reported that the cost of the survey will be y32,000 0£ which the City pays ~3,000 and the Federal government pays ;y29'000. k'age ~la- I~fItVUTI;S City Council i~iay 27, -~9~1 Grid The Engineer submitted to the Council for their review a suggested 3ystem streei gra.d systern for the area o£ Yayne ,Avenue. For Area Of' Yayne Mrs, Scalze comraented that she would like the Yark Commission to talce Avenue a look at this auggested grid system, Tennis The Attorney submitted to the NIayor for his signature an agreement Court between the City of Little Canada and the Little Canada Day Care Agreement Center which would allow the City the nse of the tennis court at the Center in exchange for lawn maintenaaxce. NlacDonalds Mr. F'oxsberg expressed concern that the tr~ffic at MacDonalds is both Traffic entering and eac5.ting on Ra.ce Street. The City he,d requested that Situation the traffic enter on Rice Street and exit on I~linnesota Street, Nlayor Hanson stated that this should be submitted to the Buildixig Ittspector. Lakeshore i~irs. Nardini stated that she believed it was required of the shopping Shopping center on the corner of Lakeshore and Little Ganada Road that they do Center some landscaping oY their property and that they install txa£fic signs, Mrs. Nardini pointed aut that this has not been done. Ad~ourn i~Irs, Nardini intxoduced the following resolution and moved i.ts adoption: NESOLUTION N0. 81..5-271 - ADJOURNING The foregoing resolution was duly seconded by 3+Ir, FIanson, Ayes (5) Nardini, Hanson, Fahey, Forsberg, Scalze, Nayes (0)> Resolution declared adopted, 'Phis resolution appears in Resolution Book No. 7, Page 200. 'Phere being no f'urther business, the meeting was adjourned at 11:l~5 P.M, Respectfully submitted~ ;~,iF_~~~/~T~.~ ~~~~.~,~--, Katlhleen G.Lanzer / ~J Recording Secretary Page _lq..