Loading...
HomeMy WebLinkAbout08-12-81 Council Minutesl~iINU'1'isS OI~ 'I'II;~ EtE:Gl1LAR A~iis'lii'I1VG c_~z~x co~rvcz~~ LL'1'1'LL CFS1Vf1Jk1y 1'41NN}_';`.301'A t'ursuant to due ca11 and no'tice thereof a regular mecting o~' the Counc:Ll of' the City of I,attle Ca.nada, i~innesota, was held on the 12th day o£ August, iynl in the Council Chambers of the City Ce~ter .iocated at 515 liittle Canada ttoad in saad Gity, August 12, 1y81 i'he Niayor9 i~sx•, Rayrnond iianson9 chai.red and called the nieeting to order at 7a32 Y.Ni, NL~,'i~ik3EkZi YftES1;AVd's i~ayo.r Councilman Councilrnan Counci:~woman Councilwoman f~tire Naymond Hanson i~Ir, htichael Fahey Mr. Derana.s I~'orsberg i9rs. i~lugs iVardini i~rs, I3everly Scalze ALSO YifGSliid'1: City Clerk City ~ttorney Consulting I:ngineer CS.ty Planxier Recording Secretaxy ~Ira Joseph CYzlebeck a9r, Claytozi i'arks I°ir, Donald Carley N,r, lirad Nlelson i~ir~, Itathleen Glanzer Approval i~irs. lvardini ixztroduced the following resolution and raoved its adoptione Of 'i'he i~iinutes ktESOS~UTI01V NU. 81..8_395 - 4lkk'HOV11dG THE ~IINU`PES Or TtIL JULY , 19 1 SPliCSAL COUNCTL i~l~ETING Phe foregoi.ng resolution was duly seconded by Nlr, F'ahey, Ayes (5) Nardini9 P'ahey9 F'orsberg9 Elanson9 Scalze, iVayes (0), Resolution decl.a.red adopted. This resolution appears in Resolution ~3ook iVo, 7, Page 2b8. Niayor Hazlson indicated that Resolution No, ~31-7-336 in the minutes o~' the July 89 1g81 xegular Council meeting should be amended to shom tkaat it was seconded by ivir, Hanson. i~Jxs, Scalze introduced the following resolution and moved its adop'tiont N.~:SOT,UTION N0. b1-S-396 - Fa~'PNOU:CNG THE 1~[:[NUTES OF ~l'[3E JULY 9 l~ t7EGULAR COUNCIL MEETIivL; WSTH THL, UU1'liINED Ai~iE;NDi~li;NT The foregoing resolution was duly secoz~ded by i~irs, Vardizzi, Ayes (5) Scalze9 i~ardini, Flansoz~, F'ahey, korsberg, Idayes (0). ktesolution declared adopted, 'Phis resol.utiora appears in ktesolution F3ook No. 7, Pages 268 and 269. i°layor t3anson ittciicated that Resolution Noe n1~.7..388 of the mizzutes of the July 229 1y81 regular Council meeting should be amezzded to indicate ~laat i~ir, I~'orsber~ and Nir, Iianson voted Nay to tkzat reso].utaon. ~age -.1.~ I'~1NUTliS City Council. ~ugusC 129 19£~l I~irs, iVardini a.ntroduced the iollowing resoluta.on and rnoved its s.dop'tiono Hi;SOLII'i'IOiV N0. 81..g_397 °~ APYROVING 1'HE i~iI.VUT~S Ok' TH3~ JULY 9].9 1 13GUULAY, COUNCIL Ni[~,'~;TING SUBJECT TO THE OUT:L~:iUxaD ~i'~,ivAi~,NT The £oxegoing xesolution was duly secoxzded by I~ars, Scalze, Ayes (5) N"ardini~ Scalze9 t3anson, I~'orsberg, F'ahey, Nayes (0), itesolut:ion declared adopted, This reso].uta.on appeared in Resolution Book No, 7, Yage 26g, Public A°Yayor Hanson opened the public hearing on the proposed issuance IIearing of a conditipnal use permit for the erection of signs for Purniture k'urniture ~howc~se, Showcase ~yg~s The City Plaruxer ~~~ormed the Council that the roo~' sign that ConnCo Shpes Yias on top o~' the builda.ng is a nonaconforming sign, The Planx~ex° also stated that the electrica:t blinking sign that is currexztly on ~ ~ka~ ;oremises is non-conforming under the City+s ordinance. Ntra Jexry Stooksett appeared before the Council. representing Furn9ture Showcase. I~'ir, Stocksett informed the Council that Furniture Siaowcase obtained a tem~orary sigxi permit from the City. Furniture Showcase decided to exect tixeir pexmanent signs under this temporary permit on the basis tha,t they woul.d be approved by the Courzcil, If not approvedp the signs would hav~ to be removed. The City Planner again pointed out that the ConnCo roo£ sign i.s non-conforming, The Planner stated that it was his £eeling that if the ConnCo sign is not ordered to be xemoved, conditions should be placed upoxi ConnCo that no additiona], sign.s are erected, Councilman F'ahey agxeed that no additiona7. signs should be exeeted, arad thaL the temporaxy blinking sign should be xemoved i'rom the premases, F'ahey felt that the ConnCo roof sign should be a7,lowed to remain, Nr. Fahey antroduced the following resolution and moved its adoption; 1~SUl,UTION IdO, 81-8-398 - CZOSING THE PUBLIC ~I~ARING ON THE F'UItiVITURE SH0~3C~1SE 3IGN RE;~UEST The fore~ ing resolution vras duly secoraded by I~Lrs. Scalze, Ayes (5) Fahey, Scalze9 Hanson, Forsberg, iVardini, Nayes (0), Etesoluiion declared adopted, This reso].ution appears in Resolution ~SOOk No, 79 Page 270. A~ir. r'ahey introduced the ~'011o*~ring resolution arAd moved its adoption; k'age m2~ aviINIITES Ciby Council August 129 ay81 Rk:SOLU`PIOIY N0. Sl.mH-399 p API'I~VING T$E; COiQAI`PIOVAI, USE PERZ4I`P FOR SIGIVS k'OR CONNCC SHOES ANll k'IIRNITUkZE; 5HOWCASE `l'0 ALL(jW 'PHE I'HESENT ~pOF SIGN ANU THi: FURNITURL~ SHOWCASE S1GN ON 'PHE NOR`PH SIDE OF TkIE BUILDING ANU `PHE TWO SIGNS LUCA7'F:D ON TFiE FItON'1' OF TRE k~UILDING FOk N'UHNITUI2E SHOW~ CASE ANll CONNCO SHOP:S WITH THL UNDEN.STANllING THAT NO FURTSIER PEl?1~L1Nf~idx' SIGiVS UR `i'EN3t~ORARY SSGNS OF ANX NATIINk:9 INCLUUING BLINKING 7'YPE SIGNS9 BE AliLOWED ON TH~ BUII,DING 1'he foregoing resolution was duly seconded by i"irs, Scalze, Ayes (5) F'ahey, Scalze, fIanson9 Nardiniy korsberg, Nayes (0)a Resolution declared adopteda i'his resolution appears "in Resolution F3ook aVO. 7, ~'ages 270 and 271,. Nr, Forsberg commented that he did not ~~~prove o£ the situation ~rhere a business erected their permanerat signs under a tempoxary sign permit, The City 1'lanner commented that the City sta~'f has the authority to i.ssue tEmporary sign ~ermits9 and it was a chance the busa.ness took an erecting their permanenL signs under this permit. Had the szgns not been approved, the Ca.ty has tYie authori-ty to requixe removal of these signse Vacation 0~ 1~iayor Hansoza o;~ened the public hearizag on the proposed vacation of Po.rtion 0£ the north ten feet and south ten feet of Bluwood rigYzt-of-way, I3].uwood also known as Centra~. Avenue9 and maintain a utility easement or~ Averaue the south side of Bluwood Avea~ue, l~ayor Hanson stated that the reason Council initiated this actioxi was that alrs, Schabert previously requested approval of a property divisa.on. One of the lots that would result from the diva.sion would be a corner lot and did not tneet the 119000 square feet requirement o~ City Code. The lot would only consist of ~.09800 square feet, If the pxoposed vacation were approved9 it would give the Schabert property enough area to meet the 11,000 square foot requirement. Nlr, Mark Lendway9 a resident on Bl.uwood Avenue, appeared before the Council, Mr, Zendway stated that he was not in favor o£ the vacation of this portion of }lluwood. The vacation would just give him more propexty that would be oi' no use to him and would increase his ~roperty taxes, iyir, Lendway stated that he was in favor of Mrs. Schabert bein~ gxanted a variance so that she could divide hex property> Council.man F'ahey stated that i£ the CounciJ. did any vacat9ng oz~ Bluvrood Avenue it should vacate the property down to only what is needed for f37.uwood. Fatzey stated that it does not make sense for the Caty to maintain a 100 foot ragk~t,_of-way zQr IIluwood. Nlayor itanson stated that he ~greed with this, but also felt that at the present time Mre. Schabert shoul.d just be granted a variance and Council could consider the vacation at anotYzer time, Page a3-~ 1vIINUTES Ciby Councal August 72y 1981 Nlr. Lendway poirzted out that when the homes on Bluwood were bui:lt there was the 100 foot rightwof-way and the kaomes had to be built 30 feet ba,ck £rora that right-o.£-way. .E1ray property gaaa~ed by tho vacation o~' Bluwood would only add to the front ya.rds~ and would be of no usea There would also be utility easeanents across that property, Mrs, Scalze suggested that the vacation only app].y to the Schabert prnperty9 and Gouraci7. can considex the i'urther vacation of B:Luwood at another time, Scalze also pointed out that the requirement of 11'000 square feet on a corner lot has given the City a lo~ o£ prob].ems. Scalze stated that the lot size was to provide that setbacks could be met for safety reasonsa As long as those setbacks cou].d be met with ~,ess than the 11s000 square leet' Scalze fe].t that was aecomplishang what the Ca.ty wanted, dfrs. Scalze izxtroduced the following resolution and moved its adoption: t~'.SOLUTION N0, 81-8..l~pp - CI,OSTNG 7'HE PUBLIC H1i:A1~ING pN 2'HE VACATION OF A CEHTAIIJ POR'CION OF' BLU4~IOOD AVENUE The £oregoing resolution was duly seconded by Mrs. Nardini, Ayes (5) Scalzey Nardin9.9 Hanson, Forsberg,, Fa.hey, Nayes (0). Resolution dec7.ared adopted. This resolutioxz appears in Resolution Fiook No. 7, Pa~e 271., 1"ir. Fahey introduced the fb.Llowing resolutioaa and moved its adoptione k?E;SOLUTIOIQ N0. 81..8-401 - vACA`PTNG 10 F'liET OF BLUWOOD AUENUE DIN.~;CTLY ADJACIsNT '1'0 LOZ'S 1 AVD 29 ~3I,OCK 4' J, r'> EISENMENGLR~ S FOUHTH ADAII'IOY 'rJHTCH 410ULD HE ONI,Y FOR THE PROYiRTY OWNED 13Y I~IRS, SCHABBt~T ON THE; NOR'1'H S.Cd?13 OF' BLUWOOD WITH THE STSk'ULATIUN '~HAT THE CITY 1tk;TAINS AN LASEA`4LN2' pN THA^1 SAi~ti 10 FEE`i' F'OR UTILITY PURNOSES The foregoing resolution was duly seconded by i~lrsm Scalze, AY~s (5) Fahey' Scalze9 Forsberg, Nardinl8 Aanson. Nayes (0), Ftesolution declared adopted, This resolution appears in Resoluta.on F3ook I~lo, 7s Yage 272, Schaberb Council recently tabled the Schaber~t property division request until k'roperty such t~m~? ~s consideration could be given to the vacation ol a certairz llzvision portion of ~3luwood Avenue. i~Irs, Sca:lze introduced the fo11ow9.ng reso:Lution axad moved its adoptioxza RF.SOLTJTION N0, 87.-8-J.x02 - BRSNCiING F'ROM 'S'A~3LE Tflli SCHA~3ERT PROkERTY DIVISION FtG(~UFST `.l'he foregoa.ng resolution was duly seconded by S~4rs. Nardini, Ayes (5) Scalze, Ivardini, F'orsbergp Hanson9 k'ahey, Nayes (0), Reso:l.ution declared adopteda Z'his resolution appears in Resolu,tion. Book iVo. 78 Page 273, Yape ~IG- iKIiVUTB~ Cit;y Council August 12a 1951 rlrs. Scalze arztroduced the #'ollowing resolution arad moved its adoptiona t~L~'SOLUTIOV NU. f31-S-1~03 - APYHOVING `CHE ll1VIS:CON OF LOTS 1 AND 'Ls BLOCIS 9 J. F, EISEIVNiENG~ktoS l~'1'H AllDI:CION 4dI7'~3 THE S`IIYULATIUN 7,'FI11T I4ELi, SGHk1I3ER`t' CHANGE HF~R YROPOSE~D I,OT DIV L51:ON SUttUEY SO TH~T TIIE NORTFIEIZN IvIO: T ZpT' PARC'uZ 19 's10ULA B~; UF' A CONFQRi11NG SI'LE OP' ].190Q0 S42UAk?,L FliliT The foregoing resol.ution was duly ~ecoa~ded by Nfr, Hansona ~1yes (5) Scalze' IIanson, ForsbergA F'ahey, iQardini, i~Iayes (0), Resol.utiozx declared adoptedm This reso~.ution appears in Resolut:ion 13oak No, 7, ~'agee 273 and 27l~. Holzschuh iiayor Hanson o~exied the public hearing on the proposed approval of Yreliminary the Holzschuh prel.imirzary platting of propert,y located 7l~0 feet YJ.at south of Coua~'ty Hoad D and S'ronting on the east side of I'ayne Avenuea Isix. Ji.~l Bar'tells of k~.ealty 6dorld' ropresentixig lvir. Holzschuh, a~peared before the Counci_l. Nir. 13artelys submitted to the Council a, clai£erent proposal for the platting o£ txae IIo7.zschuh property than the Counczl had before 'cherr in their agendas, 'i.'izey are no~~ proposing a Lesser. deptl~ to the property, kldja.cent property o~rxzers kiave requested that they be allowed to pur~chase a~proxama.tely lab azzd '1/2 feet o£ the baak portion oi' the 'rtol.zschuYz property so ~;haL ~u~;ure development o£ the c;nttre area. could be a.cccrnpl:ished. i°lr, ksartells indicated tkiat the l.ots to be d~velopec3 by Ntr. kiolzschuh would still meet City Code for se~uare f'ootage, i~ir. t+ahey ind9.cated that this rzew proposal would have to be presented to the :~lanxaing Commi.ssioxi, The City Planner informed the Councia. that the ~].atting of the ISolzschuh property raises the issue of the developrnent of the exztire area. `Phere i.s a pxoblem with road con~'agurations :in the area. 2'here is a].so the question of whether or no't A.L'1en Avenue should go a.n, i~Jr. Vielson also indicated that the Holzschus ~lat should also skzow what is to happerz to the back piece o3' property, It wa~ the Planner~s suggestion that it be shov~ as an out:Lot on the plat, un.til the time that it is sold to the surrounding property owners. The Planraer also sug~e:ted that the City given more consideration Lo the development of the area as a whole, 1~Lrs. Na'rdinl. suggested that Northwest Associated Consultants should take a look ab thi.s axea and ga.ve the Council ats recommendations £or its development. Nardini Felt that the Council should have this a.nformatzon be~'ore it begins approving plats £or the area, aVayor Fianson felt the City should have a meet9.ng with the property owners in the area a,s to the fubure development in that area, Page w'~'~ A"ll.~lUAL'S ~i1Ly' L'U11T1C1~. Au~ust 12' lytSl c~irs, Scalze stated that the City has the street grid system that the City Engineer laid out, and the Council aLso knows what the property owners in the area w~nt to do, Nlrs. Scalze 4'elt that the Coutacil should get some input £rorn the PlanrAer on tha.s area, I~ar, r'ahey brought up the rnatter of the property owners wanting '~'0 i'oot stxeets in this area rather than the 60 foot streets required by Caty Code, I~'akiey stated that he would also like itiput on the A].len Av~a~ue issue, P'ahey felt that the property owner~ in the area should get together themselves an@ taor:t out orhat they want to do, ~lra llon Valento, a px•operty owriex in the area, stated tk~at the property ownexs have worked out how they want to develop the axea axad they have given tkie City Engineer and Ylarzzier a. copy of their proposal, Tne City lingineer stated that ihe reasorz for tkae 50 £oot streets in this area is that there are a lot oF narrow strips of property involvedy and 50 foot streets would help in the develo:pment o£ the area, i'he Eng9neer also stated that 50 f'oo't streets are very comrnon, i'he Ylanner stated that 50 foot streets wouJ.d be adequa.te, t~;r> F'ahey stated that iP 50 foot streets are adequate, that is £ine with him, It would also keep more pxoperty on the tax ro11s, The Y:Lannex stated that there coul.d be a problem with long straight streets, Nlr. ~artells asked i£ the Council coul.d act on a portioxz of the HolzscYzuh proposal and consider the remaitaing portion o£ the plat at the time the l17.].en Avenue issue is 'taken care o£. 'Phe iviayor pointed out that since this is a new plat it would have to go before tlae Planning Commission again, The Planraex also stated that tlae plat would have to take into account that back porti.on of the tiolzsr:hu$ property, Mr, Fahey commented that the whole issue o£ the developmerat oS this area needs a little more study9 and the CounciJ. should not make any hasty decisions, i~3rs. Nardi~ intxoduced the following resolution and moved its adoptione I2E;SO:LUTION iVO, 81p8-lt04 - CON`~'INUII~TG THE YUBLIC HP~AI~iJG Oti THE HpLZSCHUH PN:~LIMINARY YLAJ' UNTIL THk: S~-PTE~BER y9 198]. I~GUliAR COUVCII, N1~'liTING The foregoing resolution was du~.y seconded by Nir, Fahey, Ayes (5) IVardixii, F'ahey, iianson, Scalze, ~orsberg, Nayea (O). ltesolution declared adopted. This resolution appears in Resolutaon Book No, 7, kage 271y, Page -6p i~ilt~u~Ls City Couracil August 129 1951 [°ir, Valea~to poizated out to tlze Gouncil that unless 50 foot etreets are allowed iaa this area9 it will rzot be possible to develop the P~'v~ertya Vad.ento also informed the Council that the sale o£ tkze back portioxi of the Holzschuh pro~erty to adjacent p.roperty owners in the area is necessary a.n ttae developmettt oi' the area, i~irq F'ahey stated ~hat £rom the commerats o£ the Ylanraex and the Engineer it does axot seem lilce there will be a problem with 50 foot streets. ivir, Valento a1.so commented that the propexty owraers along Payne Averaue do not want A11er~ A.venue put in as there wi11 be a 1ot o~ traPfic generated on Payne Avenue, i"~x'. F'ahey stated that the ~lann,ex wi11 make a report on the A11en Avenue matter, I'ahey also sug~ested tkaat the Council call for a public hearing on chazaging the City~ s Ordinance to al.].ow ~'or 50 foot streets. i°irs, Scalze lntroduced the £ollowi.ng reso].utiosi and moved its adoptaon; FtESOT,UTIOiV N0. 81m8-1~05 .~ CALJ;]NG FOR A k'Ut3LIC HEARING orr s~~r~z~~,x 9, 9 z~ro co~szDEx arr~ivvzivc ~ri1~ su~vzvxszov oru~zluatJC~ ~o a~z~ow ~~ox 50 ~002~ s~~x~~rs zrr ~rx~; c:~~z~x or LITTZ~; C.ANAUA The foregoing resolution was duly seconded by Nir, II~nson, Ayes (5) Scalze9 ITanson, I'orsberg9 Nardixaa,' k'ahey, Nayes (0), ftesolutaon declared adopted. This resolution appears in Hesolution Book i~o. 7s pagE 27y. Tkae ~lanner stated that if the Couracil agrees witka the plau that ~pz~ S~roperty owtters put together £or the area9 it should be adopted as an anxendmexzt to the City Comprehensa.ve Pl.an. This wou:ld then become the City~s comm'ttment to the property owners that this is how the area would develop, The Planner did not bel:ieve that this Faould kaave to get Nietropn:Litara Couszci~. a~proval, Nirs. Scalze stated that drainage for the arsa skxoul.d be considered and any easements that would be ~eoessazy for the City, Nir, Dean Paisley, a property owraex an the area9 appeared before the Council aaxd a.ziforn~ed them that he was not willing to donate any oY his propexty fox a trail, V9.ncent ~°~yor Fianson opened the pubJ.ic hearing on two ve.riazaces that zaould Bx~ss be necessary in the proposed Vincerzt Brass expar~sion, The fa.rst Ex~ansiorz variance would be for a 7:l/2 foot side yaxd variance, and the second varisnce would be gor a reduction zn the ofi'-street loading berths that are requa.red by City Code, Yage .~7m N1 ~NUTliS City Counail, ~lugust 1?., 1981 l~r, George lloroughty of Vincent Brass appeared before the Courzcil on the variance request, Mr. Doroughty stated that the side y~,~.~ variance was needed because of their crane bay' and that due to the type o~' operation pincent Hrass ise the number o:E' loading berths that are required under City Code wou7.d be more tha.n necessary, i~irs, Nardini stated that she felt that it the Council gave Vincent F3rass the side yard variance9 Vincent Brass should give the City the equivalent in addztional green area oxi the site, Nirs. Scalze asked tkze City Pla.nraer if the green area shown on the Uincent Brass p7.an y7as all tha.t was required under City Code, The Plazuaer stated that it was and that under commercial, and industxial developmerzt ttze on:Ly green ~zrea that was reguired was within the setbacks, The Plarzrzer pointed out that by granting a variance to line up the cranes' the City would be giving Vincent Brass a Uigger building, `lkxo Planner suggested that he zaork out an amendmont to the City~s ordinance to specify the maximum impex~vious surface a development cov.~.d have, `ihe Ylanner a],so pointed out to the Council that even if a site is covered by a lot of impervious surface~ there is still a lot of water that sits on rooP tops and is evaporated. Commercial aa~d a.ndustrial. developments tend to cover the land more than residential, The Planner 1'elt that Nirs, Nardirai~s suggestion would be a justification for gxanting the variancee I°irs. Scalze asked if Vincent ~3rass would corasider additional green area between the parking lot and buildixig alor~g Spruce Street, 1~is'. Doroughty replied that Va.ncent Brass would be receptave to addita.ona l. land scaping, The Ylanner stated that there were not the ttumber of parking spaces shown on the plan as are required. i~lr, Doroughty replied that Vincexit Brass wou]_d supply amp].e paxking as required under City Code. j°~~m Scalze asked in Vincent Brass were willing to provide additional gxeen area on the west side of the building and lessen the size o£ tYze building, Mr. lloroughty replied that ho could not make this commi.tmerat to the Council, Nir. F'ahey stated that the Counc9.1 should insist on adda.tiona]. green area. t°1r. Forsberg introduced the t'ollowing resolutaon and moved its adoptione RE"aOd,DTION N0. 81~.8-1y06 o CLOSING THI; pU}3T,IC gp;AA,LNG ON THE VIiVCliI1T BR.ASS EX~ANSIOid VARIANCE HEQULS7.' 'Phe foregoing resolution was duly seconded by Mx, Hanson, Ayes (5) P'orsberg' EIanson9 Nardini, Scalzeg F'ahey, Nayes (0), Hesolution declared adoptsd, 7.'h:is resolution appears zn Reso].ution Book No, 7' Page 275. Page -F3-. ~IINt7T~;S Ca.ty Council August 12' 1981 Nir. idorman Smith, General NAanagex of Vincent Brass appeared before the Counci:La Iyir. Srnith stated that by reducing the size o£ the bui]iding in, proportion to the variance being asked £or could affect the project, Mr, Smith asked that the variance be approved without ths~ requirement to reduce the size of the building9 and Uincent Bxass wou].d try to provide any landscaping the City wou].d require, NLr, Smith a1.so indicated to the Cauncil that Vincent Srass does not intend to blacktop the west side of the building immediately, This ~rea woul.d be for future parki.ng if needed. Mr. Fahey stated that the pl$n shoul.d show that this area is intended for £uture parking, The Ylanner stated that if this is doxie, and the buS.:Lda.ng is so1d,, if the Council feels that additional parking is needed, it would be provided Yor, The area could be landscap~d until the time adda.tional parking is needed. Mr, k'ahey intxoduced the following resolution arzd moved its adoption: i?ESOLliTIpN N0. f31..8_1tp7 «~PP~OVIIVG THE VINGliNT BkZASS EXPANSION SETIIACK VARIANCE AND LOAT)TNG BER'I'H VAHIANCE AS UUTLIIQED :[IQ TI3I: CITY YLANNER~ 3 I?~,pORT DATED AUGUST 3 a.98i udI'~'A THE pDDIT:COiv.AL CONDITIUN ON THE VAFZC~~C~; THAT TFIE 4dL+'ST Sllll': OF 2'HE }3UILDIIQG BL Dk~SIGNATED FOR FUTUHE PARKING AND `i'HIS STAE UF' `PHE BUSLllING CURRENTLY B~; LpNDSCAP;;D AND LEpq' IN GIi[sEi~I ACRL~'AGG' EXCLUDING THE AREA IMNIliDIATELY ADJACENT TO THE pF'F'ICE AREA ANA LOADING 13LRTH IN THE I~IJDDLi; OF TFII; BUILllSNG OV 7'HE WEST SIAE A~D T~~E AI~A AAJACEN7' TO THli t,0.a1 DING 13ERTH pN 7.'H~ SOUTH liND OF 'PHE $UILDING~ AND TAAT VTNCENT BFtASS 1'ROVTllE AND llEVL;LOP THE AHI;A pN TH~ ~r7EST S1llE OF TH~ ~3UILllTNG FOR YAktKING IN THE F'UTUHi; IF ANA ydHLN Iq' IS HE(~UIRED By Tg~ CITY 01~ I,ITTLE CANADA9 ~1ND WITH THE STIPULATlON THAT THE CITY I5SUIs NO BUILDIVG PENatiIST TO VIi~7CE17T ]31tASS UNTIL THEY HAVE SUBNIITTED TO TfIE CSTY FINAL YLI~IV'S SHOUJING Tilli PARKING AtiU GREEN AkZEA ~1S DE;SCRIBED ABpVE;9 ~Np FURTHER CONTIiVGENT UPON VIVCkf;NT BRASS~S COMYLYING ii:ITH TEIE Pil'sCOMMENDATIONS TN THL ]'I,A~iQERtS R~;.F'ON't llATED AUGUS`P 3' 19n7- T~7IIIC~I INCLUDES THAI' 7'~~E i3ILi,BOAkZD OIV 'PHE AORTII SIDE Ok' lIIP; PRppERTy }3g RI~;MOVJi;D `i'he foregoing reso7.ution was cluly secoxided by Mr, F'orsberge ,Ayes (5) g~ey9 I~'orsberg, FSanson, Nardini9 Scalze, 3Vayes (0), Resolution declared adopted, This resolution appears in Resolution E3oolc No, 79 Page 276, DV~ i~ix. liave I,upe of the Depaxtment of Natura]. Ftesources appeareci bei'o.re the CounciJ.. C~Sr, Lupe appeaxed at the Couno:il meeting to address the Covncil on the subject of Shore Line Nianagement, i~lr, Lupe stated tha.t the ANR curxently has three identafications oF bodies o:f water requiring shore 7.ine controls, These are natural environanent, recreational developmenty and generaJ. developmenta Ya~e -9- I~fINUTZIS City Couxicil August 1.2~ :1.9II1 i'~Ix, Lupe presEnted the a~Aayor with an adentii'ication oi' the Cityas bodies of water based upo~ the three idezzt:i.fica.ti.ons tha~: the UPitZ xzas. i°ir, liupe stated that tkze City lias 60 days in which to :revie;w (;txesc cl:-~s;:;.i:':i;~,tion.s anci comment upoxi tkiem, 7:;P ~.}ie GaGy dis~,utes these class`.fications~ it skiould ca.:unen'c o:n why it disputes tkzern, 7'he ;':Lanzxex~ sta4;ed tha:t tkte County recently advised him tkiat ~evexal o.f the :Laices in the Cit;y Urere not ~a~es, but i•reLlancls. '1'kze County has recent].y cha,ziged thas posita.on9 ancl the wetla,nds are uow classa~'ied as l.akes again, i~ir, Fahey cornmented that the classzCica'tiort of Round I,ake cou],d ~:ffect the development of the Schrier property, i1r, Lupe in~'ormed the Council that he wi11, be rev:ieroring the CityPs ordanance and vaa.7.1 commen~; on how it a.s deficient in terms o£ shore land mana.gement, He will get tha.s report to the Council as soon as possible, I~r, Lupe also stated that there are proba,bly a a.ot of structures ai.ozag bodies of water that are a 1ot closer to the lakes than allorred> Shou:l.d these structures ever burn down9 the DNR woul.d like the City to enforce the ordinarxce in the redevelopment o~' such properties. The DNR would l;i.ke _its criteria ~'or developmexit along a lake met wherever possible, i'firs. Sca:tze stated that there is a lot of property along 1?ound .Lake ~d the City~ s two untzamed basa.ras that is not developed, 1'~ir, Lupe sta'ted that the ilNR zaill wortz witYa tlae City in its ordinance aloption process. Some of the areas that the llNi7. would like controls in are in J.ot area and width, whether the property is sewered or n.o't9 setbacks, :impervious surface coverage9 structure height, provisioxis for placoment of' :I.ots and parki~' grading and f'ill perrnits, vegetation removal starzdards9 PUD standards, substandard 7.ots of recordo i~Ir, Lupe stated that any conditional uses or var9.ances or amendments of shoreland controls would require tha noti~ficatioa~ of the llN$ and wou:Ld have to be approved or certified by tkze DNR. Mr, N3elson cammented that tho City currently does not have a shorelarzd distriat in its Goning Ordinance, The ~lanner suggested Lhat he submit such a c3istrict to the Council and Planning Corruni ssioax to review and then subma.t it to the DNR for their review, Ftondeau & ~'> `~'omaszewski appeared before the Council requesting the da.vision Tomaszowski o£ the itondeau propexty to add five ~eet on to his property, Yropexty Division z°~'~ ~~son ixitroduced the following resolution and moved its adoption: FZGSOT,UTION N0. 81-8-1~08 -~ AP:L'itOVING TIIE RONDEAU PROI'IRTY DNISION AS PFtESENTEA ~3Y NIR, TONaASL~~dSKI Page -l0a .~~zNO~r~s City Council August :1.2, lyf3.l The ~'oregoixig reso].ution was du].y seconded by Nirs, .tVardixii, Ayes (~) iianson, iVardina9 I'ahey9 Scal.ze9 P'orsberg, Nayes (0). Resolution declared adopted, This resolution rappears in Resolution ksoolc No. 7, Page 277, t'atrick Nir, Rockne Nta.ite appeared be£ore the Council requesting approval. Property of the division of the k'atrick property ~hieh would result in tNro llivision lots~ one havirag L00 feet of ~'ront footage arzd the other having ].01 feet o~' £xont £oota~;e, i~iru, Scalze stated that Avlaplewood has requestecl that open space be left i:a thas area £or access to some 1.andloc,ced properties, `Che YJ,auner st~ted tYzat there is adequate room £or access £rorn the north rather than Arcade Street, rir, Hanson intxoduced the f'o].lowixzg resolution and moved its adoptione ZtiSGLU`GTOIJ N0, 81-.8~lAo9 W~~PROVING Tx~ kA'SftSCK YROPERTY DIVISION ~15 PFtk;SEP1`PED BY Na~Z, ~'tOCKNE WAITE `['he £oregoixig resolution was duly seconded by t~ar, Forsber~> ~1yes (>) HansoTa, i~orsberg, Fahey, Nardi.~i, Scalze, IJayes (0), Resoluta.on declared adopted, '~his resolution appears in Hesol.ution Book IVo. 7, Yage 277. atiir. '+Jaite informed the Council 'chat he fix°st brought in the mat'te.r of the k'atrack propertJ division on Ju:Ly 6, 7:t took untiL tonightos meeting to get the matter before the Cowacil. i~tr. ~vaite was concerned tk~at with the £luctnation in the anterost rates, sueh a delay could cost people a lot of mone,}~. i'he k'lazzner infoxmed i~ir. ~,~taite th~.t the City is only following procedures th~.t are set out in the City~s Zoning Ordinance, }39.ke Jacqul.ine Nadeau appeared before the Council to in£orra them that `Srai:Ls she received a.:letter from the City requesting donatzon of krope~ty r"or bike trails urxder the iQSP li~es, Nadeau was very unk~a~~~y a,bout receivin~ the letter and znformed Council that tha.s property has been divided three tinies through easements that NSP axad the State have talcen, Nadeau sta'ted that she and Yzer father wotil.d rzot be interested in donati.ng any property, iNrs, Scalze apologized to i~Is. yadeau ar~d inforAned her that the Park Conuniss9.on had sent tha.s letter to Mr. tiadeau by mistake, The iVadeau praporty was not involved a.n the proposed bike trail, ~Ir, k2ichard Ileinal a.ppeared before the Council, He a].so received such a letter requesting a dona.tiozz of pxoperty. ~Ir< IIeinal stated thaE his f'ama.ly £arms this ~roperty, and is not anterested in making a donation, Page -ll-~ i~ilNDTES City Council August 12, 1981 I~Lr, Don Cavanas of 30~5 Edgerton stated that he, too, was not interested in donati.ng any property for a bike trail., 'Phe C~ty Clerk ixiforrned tho Couxzcil that I4r, Yeaka wrote a J.etter and stated that Yze was opposed to the bike trail, Ehlert 'Phe City Glerk informed the Couricil that the Ehlert Land Fi11 Land Fil1 ap~lication will be postponed unti.l the August 26 Co~zncil meetinge Application Sprosty i~, Sprosty appeared before the Council requesting approval of Yrop~rty a~roperty divisio.a, Mr. Sprosty stated that he would like to Divisioxa divide his propexty so that the creek becomes the boundary line for the resulting 1ots, Sprosty a1.so 4d3Y1I;S the lot line paral].E1. to Ldgertoxz Street rather than Keller Yaricr~ray as it 9.s now, '.i'lae pro~erty da.vasion is merely a realignment o:f 7.ot lines, J'he Yl.axmer stated that when he fa.rst looked at the Sprosty proposal kze was concesaaed with the configuration of Lot 1~, ilowever, iz~ talka.ng to i~[r> Sprosty he found that the strip that wi.ll be located along the creeic zvi11 be sold to tkxe owner o£ Zot 3. '1'he Ylanner suggested that rather than tkxe property be:ing redivided, the property sholtil.d be replatted. In a replatting, the lvatersiaed i;istrict wou:l.d have to take a loolc at it, i~r, Spxosty infoxmed the Council that the tdatershed District has a~.ready looked at his pxoposal9 and the owaxer of Lot 3 is de~'inite].y interested in purchasang the strip of property along the cxeek, 'lhe Ylanner suggested that a].l easements on the property should be shown and the extent ok' existing grading a.nd a.ntended grading snould be shown, The City E;ngineer stated that he agreed that the property shouLd ~e repl,~tted and the City shou:Ld take a 30 £oot easenient fbr the creek et the same tinie, The Ylazbner suggested that the str:ip of proper.ty that is intexideci to be sold to the owner of Lot 3 should be shown as an outlot untz]. such time as it is so].d, a~Lrs, i~ardini. asked i~Ir. Sprosty when kze intended to finish the retaa.~aing walls that he is building on the property, a~3r, Sprosty xeplied that he would fini.sh sonie of this woric this fall9 but not all, P4xs. Nardizai ixiTormed i~iro Sprosty that his :fa.ll permit was no ].onger in ef£ect. i~. 5prosty repl:ied that he was not doing any anore £illzng, but he did have some landscape work to complete, i~irs, Scalze Snformed tJir, Sprosty thr~t residents of the area are concerned with the looks of the property and also the fact that i~ira Sprosty kaas cosnmercial vehzclFS ~arked on his property, k'a~;e .~12- 1~i1:I1UTliS City Couracil ~ugust :L2, 1981 t~lr, Sprosty stated tha.t lae zs using this equipment in hae ].andsca~ing, The C:iiy F'la~aex informed the Council t.hat aomraercial equipsnent as all.os~ed on a resi.dentia7. property during periods o£ construction. i°~rs, Scalze asked how long a period of construction uou].d 1ast, The Czty 1'lanner stated that there should be a, tirne limit oxz a building ~ermit, Mrs, Nardini bnformed vir, Sprosty that the.re is a;p100 fee that he owes to the City that has not beerz paa.d. Jarosch t~ix, Ron~.ld Jarosch has ina,de ¢pplication for an auto re~air license Ap~1.:icat:ior~ to operate an auto repair business frorn his home in a residentia]. For Auto area, Repaar License J'he City Ylaraner stated that thi5 is not a permitted use in a residentia]. area, Courzcil expressed concern that i~Ir, Jarosch was not informed immediately that an auto repair business in a xesideaxtia]. area was no't permitted, 7.'he City t'lanner xeplied that even if the ordi~ance does xiot permit sometha.ng, the citizen still has the right to make such a request. N[r. Forsberg introduced the £ollowi.ng resolution axzd moved its adoptiozx; ttESOLUTION N0. 81-8-1t1U - DENXING THE JAF{()SCH APPLICATION FOR AN AU'CO Rtia~AS$ :GICLNSI; The foregoing resolution was du].y seconded by Prir. Aanson, Ayes (5) F'orsberg9 Hanson9 Fahey, Scalze, Nardini, Nayes (0)> Resolution declared adopted, 'Pha.s resolutioza appears in Reso].ution Book No. 7, Page 278, Iteis `Che City Attorney informed the Couaaail that t~Ir. and Mxs. ICeis Assessment are requesting that they receive a refund of the a.nterest they Matter have been charged on some assessments that were not paid on property they purcha.sed, In researching the matter, the ,Attorney found that wlaen the assessznents were levied against i;he property9 tlae assessment notice went to Mr, Tagg, a Pormer owczer of the property9 r~ther than i.r. end 1~irs. iCeis, L~pparently thexe was a delay a't the Court House in registering the Keisos purchase of the property' and thexe£ore, whezx the Gity recei.ved its maila.ng list £ro~. the Court klouse to serzd out assessment notices, the Keis notice rnras sen t to the `Pagg~ s, Nir. Reis stated that he was aware that there were going to be assessments on the propexty. He called the City seroeral times and was told that the assessrnents were still pendizaga itilr> Iieis stated that he even ~ut rnoney in escrow for the o.ssessments, k'age .-13~ NiINOTES City Courac il August 12, 19f31 The City pttorney an£ormed the Council that the Kei.sos did everything they could be expected to do to fiaad out what their a,ssessmerxts were, i°ix. Yarks felt that the situa,tion was just a borderl9.z~e thing whexe there ~,ras a delay at the ~;ourt House a.n transferring the property, NAr. Yarks inPormed the Council that the interest amounts to ~f~ly7,2l~. iIr< lSeis informed the Council that he has paid half oS tkie interest a~ount in the first half taxes, i~irs, ScaLze expressed concern tha.t a situation of this type could come up oxi any project, N~r. Ia'ahey introduced the £o.llowing resolution and moved its adoption; I~SOLOTI0~1 N0. 81«~8-l~11 - t1UTHORIZING TFIS RI:IMBUIL5EiviBNT Ok' `i'HF' FI1~,S7' fiAlik' OF' INT~ItLST PATD ON THE KEIS ~15SESSiik;NT J:i~ItiL~IATI;liY AtuA ktr~li~iBUFLSE;i~i@;NT pF THE SECOND EIALF pI~' THI!; TNTERF~uT ON THE KE:LS ASSL;SS1~ll~,NT Uk'OAJ IJi~< AND NIEtS, KETS k'i7ktNISHIiVU P~wOF OP' PAYa~ILIUt' OE' THE SECOND Ht1LF OF `i'tIEIR '1'.~S X~S ^the foregoing resolution was duly seconded by Nr, Porsberg, Ayes (4) I~'ahey, Forsberg9 Naxdiniy Hanson, lvayes (1) Sca].ze, ktesolutiorz declared adopted, This resolution a~pears in Resolution Boolc No. 79 Page 279, l~nprovement 1'he City Fsngineer submi.tted to the Gouncil a feasibility x~e~ort On Nyan for the im~roveraents on ktyan Drive. `Phis report is as fo.l#~owsa ~rive 6~tatermain to be looped from Ryan Drive to Spruce 6treet $99900 Sewer serva.ce to bui:Ldings on Lots 1 a.nd 2 be guxzzished by a purnp station ~515,000 Servace to the buildi.ng on Lot 3 by extentioxz oY service from ttyaxz :Gaxz~ $3~500 9-ton xoad with seVrer and water ~;5II59000 FZoad over:Lay with 4 inch bitumiz~ous ma't froin Country Dxive to 12ya.~ Lane j;:1.2,5pp '~he Engineer reported that the 9-ton road ira~rovement with sewer and water was not £easib7,e at a cost of :~585'000< The Engineer ~lso repor~ed that :i.n doing soil tests on R,yt~n Drive a.t is founa that the road is on more than 3U f'eet of pea.t. The Lnganeer recornmends that the road is not torn up, but that the, LA inch bitwni.nons ma't is pla.ced over the ex9.stin~; road, ~~ge _l4w i.'/iI~IU'1'1sS Ci cy Gounca 1 ~august 12, J9s7. ~ix', Etyan appeared before the Couzicil, i~:ir, }~yan a~.reed that the watermain in the area shoul;l be looped, but was concerned that he would have co ;~tiy t.eze fu11 <unoutzt o:i' the improvemezrt, ~°:r•, i+"orsber~; >tai,ed tb.at tkie ,~~a'termain n~ecls to bo J.ooped for. t'ire ~xotec~tion pvxposes, For~ae:cg also sta'i;Ed tha.t thE-re saas insu£1'ycien~t water px~essure in the three bui.:ldings on Lo~s 19 2, and 30 l~'ax~sber.g sn~~;ested ttiat the Cou:ncil. order the searer fbr 'th.e t;hree bu~ldings9 -~oo~ tx~e nJaterrr~:Lxi ~.nd have tkxe stree(; ovFr:Layed, 'r'orsberg also stated tYia.t the Courxcil prev:iously orciered that azo more building permits be issued to i~iro Etyan untiJ~ the street is fixeda i~Sr. Joiir~ Vitale stated tha't he does not want co be assessed J'ox~ a.xty iruprovement oF the road on ~7,ya.n Drive, P~ir, ktyan stated tkzat kie would :Pix Itya.n llrive i.f the City would a.cce~t it, Counci_Lraan I~'ahey corrunexated tkiat he dicl not think the Ci~;y cou].cl accept itya.n lia~ive with al1 the peat that is under it, I~'ahey zaas not in i'avor ox' tkie City having to rnaa.ntain this road, i~irs. Nardini was in £avor of i~ir. A~yan payin~ the .full cost of averlaying ityaza Drive' as rir, F?yan is the cieveloper oi' T;ya,n :~zzdustr:ial Ya.rk, i~1r, ltyan feli; that the sewer poxtion o£ ihe isnprovement should not be osidered. l~,yan. sta.ted that the're are other 9.ndustr:i.al building, in the City tha't kxa.ve holding tanics ral;her than sewer, Council agreed that the sewer portion of the irnpr~vernent ~ras not necessary, i°u'. k~yan stated tziat he t•rould loop the waterraain and £ix the street, Ft;ran asiced che Council ii he £ixed tZyan Drive and the C:ity accepted it, if' it would be ~ossible to prevent i~ir, Vitale £rom using Ryan Drive, 'the Counci:l stated that this wou:Ld no'L be ~ossible. Cotuac i_lman 71'aYxey commented that he f'elt I~Ar, i~yaz~ shou:td be assessed ~or over:L~.ying Ryan Dxivem Council discussed Urhether Ryan Drive wou].d be accepted by the City, It was the £eelin~ of the Council that any ac'ta.on in this respect should be postponed f'or a couple of years to see what happens with the stxeet. i~irs> Scalze introduced the Followirzg resol.utiora and moved its adoptiozz: kZGSOLUTION N0. t3:~~8w1a~2 _ FiI~II1GING TO 'SA3ZE Z'kI~ Ii~iYROVLkIEN`t' ON RYAN D~21V~; The :f.'ore~oan~ reso_Lution was duJ.y seconded by P9r. r'ahey, Ayes (~) Scalze9 i~'ahey9 1Sanson, Narda.na., Forsberg, tiayes (0)> Reso~.ution declared adopted, J'his resolution appears i.za ztesolution I3oo:t tio. 7, k'a~e 279, Pa~e .~15_ Y~iAtQUTBS City Counc:il August 12' ].9£31 P4rs. Nardini introduced the f'oJ.].owing reso].ution and moved its adoptiona L~i3SOLliT10N iVO, 81-F3-L~].3 - CLUSING `iH~ PUJ3L:CC HS~~~RCNG OiV THt~ TMPROV~~;NT OiY RYAN DRIV:~, The Foregoing resolution was dul.y seconded by i5r, Forsberg, Ayes (5) Nardini,, Forsberg9'tIansony F3hey, Scalze, IVayes (0). Resolution dEClared adopted. This resolution appears in Ftesolution 'xiook ldo, 79 Page 2II0, ilr, P'ahey introduced the folloi~ing resolution and rnoved its adoption; ftFSOLUTION N0, 81«SwL~1L~ m 01?.DERIiVG i'HI~ SIX INCH ~;7A7.'i~ti[AIN TO BE LOOi'ED I'ROt4 RYAN LANk~ TO SPRUCL S`i'RliE`P A~]A k2YAIQ Di'~SVE TO BE OVli;RLAYED WITH A FOUR SNCfi BT1'Uf~f1N0US SUE2~'ACE F'ROM COIINTRY DkZCVE TO HYAN 7~ANE CONTINGEN`P UYON MR, RXAN~S ~:Xr~'CUTIOy OF AN AGtZL;E~tilENT ~d`STH THE CI'1'Y THAT THL ASSliSSMk;N`PS r`OFZ SUCH 1iKPROVE~NTS WILL DE ASSL+'SSI~~D OID LOTS 2 AND 3~ BliUCK ~L9 AND liOTS 1 ANll 59 BLOCK 3 OI'' kt`IAAd ~NDUSTRIAL PARi{ AND FURTI~ER DT;LETING `PHE FO~,LOGJING PORTIONS OI' `PHE PROYOSED Ii~iYROVEN~NT ON FtXA~i Dkt1VE; `PHE SE6~ER SLRVICE PORTION OF THE PItOPOSED INIYltQVENiENT9 TIIL CUNSTRUC~PSON OP A'NINE TON HOAll~ ANll THB WATl:R Si~RVICE TO THL ~iUILD7NG LOCATL'll OiQ ~o~z~ 3 The foregoing resolution was duly seconded by IIr, ftanson, Ayes (5) kahey' lIanson' Narda.ni9 F'orsberg' Scalze, ~7ayos (U). Resolution declared adopted. ihis resolution appears in Resolution Hook ivo, 7~ Pages 2f}0 a,nd 2b1, i+lacDonald+s ITrsa Nardini pointed out that i~lacDonalcl9s ha.s not cornplied with lulatter the Nlaxixtero s recommendations of Ju].y 309 1981. Nr, F'ahey introduced the ~'ollowing resolution and moved its adop'tion: Ri:SOliUTION i~JO, 81-.f3_1~15 - p1itFCTIIQG PHE CITY CLE:PiK ^10 SEND A LE'I'TI:R TO MACDONAliD~S ItF.G~UESTIIdG `PHAT 'PHEY COMPliY WI`I'H THE PLANNEfZo S Ft~;C~JA~G~iLNDATIONS CONTAINED IN HIS k~;~oxr na~r:v auLx 30, :~981 The fore~oing resolution was du:Ly seconded by S+ir. Hanson. Ayes (y) I'ahey, Hanson, Forsberg, Ivardini9 Scalze. Nayes (0), Resoluta.on declared adopted. This resolution appears in ttesolution t3ook No. 7, Page 251. k'age -16~ NiJ NUTuS City Cottnca.:L August 12, 1)Fsl. I~og~n,sbrea:th i'he P:Lanner informed the Gouncil tnat the County has xejected tkze ~ 19 £oot driveway that I~'lacneburger proposed £or exibing az~d b':Lameburger entering onto llemon~ Avenua, 7.'he County wanbs a 26 foot drivecaay, a'ar~cing A:fter discussin~ the situation orith the County they have agreed to a comsnon drive~a;~ 21~ feet taide for iioggsbreath and the S~'lameburger, `.Che County kzas issued a perma.t for this d.rivevray. ihe driveway wi:i1 also be located osi the west sa.de o£ the Hoggsbreath propertyy rather tharz where original:Ly proposed by F'lameburger, The County waxited the location moved so that the driveway would not :irzterfere with the trailer pa~°ic, `1'he Ylarmer informed the Council that he would J,ike to see liow the P'lanzebur~er proposal wall be located with the new location o~' the driveway. Plat~zaing The Ylaraner informed the Cotuwaci:t that he ha~ received sonze Gratats inf'ormatioza from the iYetropolitan Council regardin~ additional pJ.anning grants. The Planner wil7. review tYzis ixzformation and report ~aclc to thc; Council on it, Awarding 'i'he City Attorney reported that he has contacted the pa.rty ovrning isic3 £or tkae property locoted north of tize ~nderson property regarda.ng an .~'~~'~$ easement £or ParK Street. ~pparently the property as sta~.l a.n Street the name o£ the pa.rtyos parents9 who are deceased. Tkzere:fore9 Imk~rovement it will be necessary £or the ~tto.rney to have the t•roman sign an aff9.davi.t stating that sYze was the only heir to 'the propexty, 'i'he ~ttorxaey stated that he wi11 dra.w izp this afSadavit axzd the easement and contact her again for her signature. i~tre karks a].sa inf'ormed Couxicii tkzat he is worxing oza the Anderson easement, Yarics stated that ;tir, Anderson wants compensation ~'ox the easementa Council dzscussed the fact 'tha.t those people who petit9.oned Fox the improvement shou:Ld not be compensated for easements for the projecta The Attorney stated that those people requesting compensation gor thear easements coul.d be inforrned that the project could be abandoned because o£ this situatioxa. Council recei.ved the following bids ozz the inaprovement o£ 1'axk Street knotan as Lmprovernent tio, 8i~3e P'orest I,aise Contracting ~;1l~O,Ll~4.Zt5 Nodland Associates, I~xc, y;ib1,611,90 IJardrives, Ixae. ~i15z,557e~0 G, vd. Hou7.e, Inc> :~146,733<55 Julian 1tiS. Johnson Coaxstruction Jj14992b7.00 Glen Coxi'tracting :¢138,772.5~ :?p-So Contractixig ~11~49743a75 Schaef'er Contracta.ng ~i:176,422,00 kage _17_ r11A~ U 1'LS City Council ~ugust 12, 19~31, P4rs. iVardin introduced the £o:tlowing resolution and moved a.ts adoptione Rk~SOLUTTUN NO> 81~8-~16 -~WF~ItllIVG `l'Tili BSD F'OEZ `CHli PARK STkZE;N`L' Ii~it'ROVt~d~lENT `PO GLEN CON`CRACTING ltV TFIE AT~TOUNT OF ;pL3f~~772e55 SUHJECT TO `1'HE RliCESPT OI' 7H~ FiLNiAINING I;ASka~iE',Id`1S FOR kARK S`Pkttili`I' BY 7'H8 CI7.'X AT,PO:RNk:X 1'he foregoing reso~ution was du:ly seconded by i~lr, ~orsberg, Fiyea (5) itiardini' I'orsberg, P'ahey, Hanson, Sca:lze, IJayes (0). Resolution declared adopted. `i'his resolution appears in Resolutzon Boo:t No. 7' 1'age 2p2, ~dding Nlr, i~ahey introduced tkze following resolution and moved its adoption; Yark Street :L~nproveznent RESOLO`.CIOiV SVO, 81m~3~1~17 - 4DDiNC'r q'FIP: PAFtK STRi,~T `I'o Bonds Of IMYRp1TE,~'iE1tq'' ;IjVPHOVEA~EIQ7' N0. f31~39 '1'0 THE }30NDS -~9'79 0~' 1y79 The f'oregoing resolution was duly seconded by inrs. Scalze, klyes (~) I~aheyy Sca7.ze9 lianson9 Nardini9 P'orsberg, idayes (U), Resolution declared adogted, This resolution appears in Hesolution 3ook No, 79 kage 2~3, Reappor tionrnent O.f t~ssessment Nars, Scal.ze introduced the .following resolution and rnoved its adoptiona ~ivision No, 56835 RESOli0T10N NU, 81-.8-1aa8 m APPk7OVT~G x'II~ NEANk'ORT10id1~ili~T Ok' .A.iSk.SSMEtu'P~ 1~OR DTVISSON N0, 56~359 D/P 329 D/P 70~ ~/y 3z, ~Nr~ n/~ z936 The foregoing resoluti.on was du:ly seconded by i~ir. Hanson, Ayes (5) Scalze, IIanson, Narda.ni9 P'oxsberg9 Fa.hey, iYayes (0), ~,esolution dec:lared adopted. 7'his resolution appeaxs a.n ktesolution Boolc No, 7' Page 2f33m Lawcoaa i~;rs, Scalze reported that the Ca.ty has :pH~L490 in Latacon Grant £unds, Graaxt These funds must be used ixz 19f31 azzd can only be used on tra9.:Ls, t~~enda.tures '1'he f'ark Coirunission wou:ld like to cornp:l.ete tiie last portion o£ the trail system i.n Spooner k'arlt i•~ith these fundsa ~i'his addition 'to the trail systeni would have to be approved by the Schoo:L llistrict, `Phe Parx ComrrAission has estimated the cos't Cor completing the trail syster~a at ~J.,760, Since Buc:c Blacktop is presently working in the Yark9 the Yark Conunassa.on :fe1t this cou:l.d be adcled as a ckiaxige oxder to the present ~roject Buck Hlacktop is doing. ~age mlE~- NiINUPES City c;ourzcil. 1lugust i29 19II1 Council also C'elt th~t the cost o~' C1ae cernent ~~orit done on the trail by the City shoul.d also be added to the Lat~rcon. Grant ftuid, E11s~ there are sorae labor costs ixacurred on tkie 't.r.ail system that could be aqded 1;0 l:kze Lau~con Gra,zat P`und, i°k~< I~aTiey i~atrociuced the f'olLowirig resolu~;ioxi and moved a.ts a.doptiozae k2FS0LU~'IGN iVO, 51.~8-u.i9 - AYPROVING 'PH~ NECESSAkZY FUiVDS t~0:t 'i'illi COP-ii'Li;TION 0£ Tii:? Si'OUiuliit 1'A1itK T}?~17L ~IND ALSO [ AYYROVIiVG A CFI~iVGI. OA'J)~IZ IIV ~\I~ ESJ'Ii~IF~Tk:D AiviUUN`.C OF y>J-y7VOy 'tFlt',SL~ DtONIES TO CONIi; FROi°1 LAWCOi~7 Ci~IV2' S~ Ua~fDS, F1~~D ALSO lI'+CLIJI;:1:N(; Ci~.t~i.'i~:Id`i' c~Ol2K llOi~lJ~ Gid 7.'~II~ i,'Zi~I:C~ :i:tv Sk'OOS,1;2 E'.1;RiS ~3Y: Tllli CIiX Tu t'sii~ (.~I6~ktG;~~u t~ 7 riii, 7;F14uCGid Ui~,~1.id'.C F'UND, AND P'lifZ`i'FI~R IPiCLUllING A1VY LAt~ON. CGST :CN T1I~; COi~iYLE~P:CON OF THE SYOONEI2 PAI'ttC T~TL TO BE Ct1Ai~CTEI) 7'U 7'I~~: J~GtirUVs~ ~tk'v9~v`.C F~ uND The foregoi.xi~; resoiuta.on was duly seconded by t-1rs. Scalze, Ayes (5) I~ahey' Scalze9 IIanson' F'orsberg' Nardini, Nayes (0), Resolution decJ.ared adopied, This resolution appe~rs i.n Ftesolution Book No. 79 1'age 2f31aa (:rradl.A~; 'rJorls 'Phe Pa,r:t Conuii~ssiosz lias requested t~utk~orazation to ta~ie iraf.orrna.l Tn Spooaaer. quotations ~or t;r•a,diia~;, :E'ill.i:ab9 a.nd seFding an. are~. i.rz SpoorAer YGrk .t'a,s~k raear the p;Lay a,x•ea. that do~s no't drain pxoperly, i"ir, k~orsberg sl:ated tkzat he ielt the c~ork should be done by a Nrivate cot~.tr.a.ctor, l~irs, Na.rdini agreed c•rith C4r. l~orsberg, 1'he kark Commiss~.on felt tha,t the worlc shoul.c! cost no more than :~29000' and money has been budgetecl S'ox this, A~lr. 1~'ahey introduced the .follovaa.ng resolution asad anovEd its adoptiona ,~?7~SOI~UTION N0, Bl-8-1a20 -~U7'IiU~tJ!]:1VG T~3:; Yt~.'R({ CGt~ii~iISSION' TO ^IAYli I~SFOkd~J~1L ~iJUTA`PTONS I'OR Gk?.QDlNG, FILLI:NG9 A~TD S1,i~U.I.NCi k1IV Akt~(l 1.A~ :~i'OOIV}!,1Z .F'~tZlt 1iV A P!U1.i1l~lUA~1 F1PIDITN`i' Ol'' ys2y000 ANTJ S~URTHER. AU1'a~IOLCII]:NU INI~'OHt~IAL QUOTATTONS FOit k~LL 7~AIIOft CGa`i'S ]:i~ 'i'AE COi~Ik'LETION Q1.~' THE T~?A.IL SYS`.C~t~1 ISV Si'OONt;R Pk1FtiS `l'he foregoing resoluta.on was duly seconded b,y i-irs, Scalze. A,yes (5) I~ahey' Scalze9 iQardini' tiaszson, Forsbexg. ~layes (0)a Resolution declared adoptecl, Tha.s reso:lution appears in Resolution :iooic No, I~ Page 2f}5, k)znend~ng Council previously discussed the possibility o£ asnendin~ Ordinance Ordi.nanee t~Ioo 1'j2 to prov:ide tha't monies collected by the City in par.k iVo> 172 cht~rges be u'til5.zed for land acquisiti.on onJ.y, 7.'he Fattoxztey i.nforrned the Councal tha.t the utate S~atute says tha.t t'a.ge -19- NiliV UTL;S City Council fiugus t 12, :L981 morxey collected in par:t charges must be placed in a specia]. fund and used oxily 'F.or ihe pur~ose f'o.r which it ~ras obtained, Isars, Scalze suggested thab the ordinance be amended to provide that the money being collectec] be used for land acquisitaon. i~ir, I~'ahey suggested that the Couz~cil not amend the ordinance and leave it up 'to the discretion of the Coux~cil as to what the nioney should be used for. Fahey stated that h~ was not in f'avor oP using tkie money £or other than land acquisition' but that the Cotuacil shoul.d not tie its hands> i~Ir, Fianso~ suggested tYz~t Counci~unembers study th:is proposal £or a whiie, kaxk liayor Hanson expressed concern tha.t the letter sent out recently Corrunission by the 1'arlc Cormnission requesting the donation o~' land .from some ~ity resi~lents £or bilce trails was sent out 'to some peo~le who should not have received 'the 7.etter, IIanson £elt that arzy letters goin~ ~ut on behalf of 'the City should be reviewed Y~y the Council be1'ore they ar~ ~~n~ out, It was the concensus o~' the Counci:L that as long as these lettexs do not violate City Ordina~ces, the various advisory comm9.ssions oF the City should be a1:Loti~rea to send out letters wibhout Council xeview, F'lanning I°1xs. Nardini ixiforrned the Council that she 7~i11 be reviewing the ~ommission attendance o:f the ~'lanning Commissi.on members, ppproval 'Phe City ~uditox~ previously recomrnended tkie approval of several Of City f'inancial. institutions as City lleposi'tories so that the City De~ositories could obtain the greatest return on its investments by investin€; with the institution o~'~'era.ng tYie highest .re'turn. 7'he City Clexk submitted to the Council a list of depositories he would lilce :~pproved as City depositories> Naro I~'ahey i~at.roduced the £o1:Lotiaing resolution and moved its adoption: ft~SOLU`PIOiV N0. 8].pS~La21 - APPHOVSNG `1rIG FOZS.OtivIIVG INSTI'~'UTIOitiS AS CI`L'Y llliPO:iITORIliS; NORTHU~;S`Pr;i?.N NA`I'IOIVall~ BANK9 k 1t~S'1' E'liD13~24~L SAVSNGS AND LUAN ASSOCIATION9 1IURTFIEiZIQ F'~DENAli SAVIIVGS ~1ND LOAN ASSOCIATION, E1i°lER]:CAN NATIGNAL BAIdK & TRUS`i', FaND i~iIDu'JAY IdATIOIQAL BANiC The fo.regoing resolution was duly seconded by t~tr. Hanson, Ayes (5) Fahey9 Hanson9 Forsbern~ Nardini~ Scalze. IJayes (0), HesoLution declared ado~ted. `i'his resolution appears in Resolution E3ook ido. 79 Pages 2S5 and 286. Page -20~ i~i LiVU I'ES City Couszcil .~lll~%USt 1.29 ~.~ZJ.~. k1~pY'O'V].SA~' i'he Vouchers F'irst ktevenue Sharing Hearing ilrs, Scal.ze ixitxoduced the followin~ resolution and moved its ado~ta.one 1~SOLUI'SON N0, 81-8mi~22 -. kagp~C)U1NG TT3L VGUCH'liat5 'I'he Fore~oing resolution was du~.y ~conded by t~Ir, EIansotx. Ayes (5) Scalze9 klax~son9 iVardini9 P'orsber~9 b'aYaey, IVayes (0), Resolution dec].ared adopted. `Chis resolution appears in Hesolution F3ook tio< 79 I'a~e 286, i~Irs, Sca].ze introcluced the ~'ol].owing xesolution and anoved its ado~'tiona I~SOLU`['IOiu IVO. 81-f3-1~23 ~ CALI,ING :FOR `CIIE CI'I`YoS l~':1:22:i1' 12~~:VliNC~c; SIiAItTi\~G kllipRlNG `['0 Bli S~ELD GN SEPi'f~i~zsEt2 9, 1981 `A'he .foregoin~ resolutaon was duly seconded by iJir, fianson> Ayes (5) Scalze, kIaxisora, IQ~rdini9 ForsbErg' P'ahey, Nayes (0). Fiesolution declared adopted, Tha.s resolution appears in itesolution t3ooic No. 7, Page 2~bo Secoxid i~irs. Nardini asked the status oE the Cityos ob'tainina a secozad lintrance entrance to the 1Vorth S'tar listates 'trailer Park, 'i'he ~ttorney To Ivorth anforzned i~lrs, aVardini 'that the owner oE' the trailer park is ora Siar `L'rai.l.er vacatiozi and kae wi11 be contacting the owner when he returns, ~'ark GJoodlyntz t~Irs, i~ardizai inquired about the ra.ght-oi'-way across the railroad ~venue tracks on LJoodlynn tivenue, The Ca.ty Abtorney stated that he is woricin~ oxi this, `Prailer iirs. iVardizai inf'orrned the Council that there is a sign indicating Yar~c ttie sales area for l;he No.r'ch Star Est~xtes `i'railer Yark, 7'Yzat sa].es Si.gn area is no longer located on Country Drive and there is no Longer a reason far the sign to be there, The City 1'lanrxer in~'orrned the Council thai; he would send a letter requesting tha't this si~;n be removed, Hydrazzts `Che City Lragineer reported that the cozadition of the fare hydrants i~a ivoxth in the iVorth Star ustates `.l`rai.ler Park ha~ been checiced, Stax '~states `i'raa.ler Ya.r.k Caty 1~'ees i~irs, Nardini commented tha.t there are people comizzg bei'ore the Council with vari~us requests without paying City fees, Nard9.ni fe:lt th~t requests should not be coxxsidered unti.l City fees are paid, Ya{;e -2:L_ i~ialdU'PS'.'sS City Council k~ugust 129 1981 Level Oi J'he City C1erk inf'oxmed the Council that he will be seriding a let'ter Laice Gerva`~s to tlae County regarding the 1ow leveL og Lake Gervais ~r7ater i~ieter Nir, Forsberg informed the Council that the Utility llepartment 'ies'ts has tested some urater meters and found tha:t fou.r rneters were sloT,r at low iyow9 and one ofi''these meters could not be repaired, Thi.s meter wil,]. be rep.Laced at a cost of w905e00, i~orth Star t~ir, 1~'orsberg repor'ted that all .re~>ai.rs have been mAde to the fix~e `d'raa.ler Park hydrants in the ivorth Star Estates Tra.i.l.er Park. 'I'hese repaa.rs }~a.re i3yd.rants were requested by the C;zty~s Uti:Lity lle~artrnent and made by the trailer paric, AVew i~~atermain I~tr. Forsbe.rg reported that there is a spaxi of 1~000 feet between two Constructi.ozz flre hydrants on iVoel ilrive. `Phe Utility Department is recornrnending tha{; a hydrant be installed between these hyd.rants, `l'he Ca:ty cou7.d include the cost of this watermain Vrith the rest of the suaterrnaa.n improvemezits that wi1.1 be ordered, 'Che i:ngineer f'elt the fire hydrant would cost about :~2,000, Council decided to discuss this rnatter at a l.ater date. ~'ire i4r, i~'orsberg reported that the r'ire Hall has recently been used gaL;L as a stor.m shel.ter ira tkae ca,se of storm waxnings, lt was the Stoxm intezzt of the I~ire Department l;hat the E'ire IIall be used as a SheLter sheltex in the event of tornado warn9.ngs. i~ir. 1~'orsberg reported 'tkzat this ~resents a problem with hav~.ng someone on duty at the ~'ire Hall during any type of weather warning> korsberg suggested that perhaps 'the City Hall could be a storm shelter from SeUO to La:3~ during work days. aKrs, Scalze suggested that perkzaps the k2aXnsey County garage would be a znore appropriate stoxm shelter, I~layor Hanson suggested thac the Cityos Ltuergency Sexvices Director ~ut together a letter to this effect. Use Uf i°ix'> J~orsberg informed the Couricil that t~ir. Costa has requested the Wa'ter I~ieter use of a. City water meter for 7 days, a~'ir, Costa9 s welJ a.s cornpleted9 ' }3y Pete orsbexg but the pump musL be instal.led, Mr, Costa has inf'ormed ILr, I~ Costa tk~at he has some crops that must be watered or he may lose them. 'J'he seven day period wi1:L give i~ir, Costa ample time to get the pump insta:lled in his wel1., Pa~e -22.- s~izz~~r~a~Es City Counai7. ~ugList 12' :i981 Nlr, FaY~ey 5.ntxoduced the f'ollowing resolutiorz and z~oved its adoptiono RESOLU`.t'TON ~0. 8J.-8-ld2tb -~1U7'I30RSZ:LNG YETE COS`~'A `I'HE US~; OF 8'tidt17.'~;R aUil~:T~R rOR ONE 'dEE1C TfIHOUGH A'QCrUST 209 ~9~~ DUE `SO '1'HF k~ACT 'Pk7A7.' 1IR, COSTA FIAS H P'AI~S4 EI~4E,RGENCY AiVD ~~s~ILL HAVE HIS WELL IN OkERA`L'SOiV WITIiIN ONG WEk.K The foregoin~ xesolution was duly seconded by i~Irs, Sca7,ze, ~1yes (5) F'ahey9 Scalze9 Hanson~ Nardini, Forsberg. Nayes (0). t~.esolution declared adopted> 7`tzi.s rE~~~~,ution appears in Ftesolution E3ook No> 7, k'age 2£37. Cruse 7'he City Attorney reported to the Council that it has been found liaseznent by Mr, Cruse tkzat a drainage easement on his property wha.ch the City took a.n 196l~ is :I.ocated ir~ the wrorzg placea itiLr. Cruse would 1a.xe to de:l.ete the ancorxect easement arzd have a new one in the coxrect location, i~lr, Cruse~s lawyer wi11 prepare the necessary docwnents, and submit them to the Couracil for a~proval. i~irs, Nardini introduced the following resoJ.ution and moved its adopti,ona Ft~;SOliIITION N0, 81-f3~1a25 m~IUTHOFtLLING TII~ C~TX A~"1'ORI~T~X TO '~Lli41SE~ TIIE CIAYoS NRESliN`i ~ASEP4f;NJ' ON TE1E CRUSE PROPEH~''Y ANll TO k'12Gi'AEtE 9 COREtI1CTEA ~ASEi~IENT POR THAT YEwPliR`1'X 7'he foregoing resolution was duly seconded by i~Tr. F'orsberg. i~yes (5) iVardini, I+'orsberg, Ilanson9 Scalze9 Fahey, Ptayes (0). Ftesolution declared adopted, 'I'his resolution appears a.zi ktesolution Book No, 79 Yage 2f37, Adjourn l~ir, Hanson introduced tkae followa.ng resolution anci moved its adoptiona FZtiSU~UTIOi~ N0, 61mf3-426 w ADJOUHI~SNG The :foregoing resolution was duly seconded by P4rs, Scalze. A1yes (5) liansor~, Sca:Lze9 Nardini9 Pahey, F'oxsberg. Nayes (0). Resolution dec].ared adopteda Tiiis xesolution appears in Resolution Book iVo. 7, Page 2f3f3, '1'here being no further business9 the meeting was adjourned at 12e50 ~>i'I, ~espect£ully subnLitteci9 'l:at leen G anzer k~ecording Secretary Page ~-23p