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HomeMy WebLinkAbout12-23-81 Council MinutesP1IPIU1'ES OF THE REGULAR MEETING CITY COUNCIL LITTLE C1INADA, MINNESOTA December 23, 1981 Pursuant to due call and not9ce thereof a regular meeting of the City Council of the City of Little Canada, Minnesota was held on the 23rd day of December, 1981 in the Council Chambers of the City Center located at 515 Little Canada Road in sa~d City. Mayor, Mr. Raymond Nanson, called the meeting to order at 7:30 P.M. and the following were present at roll call: MEMBERS PRESENT: Mayor Mr. Raymond Hanson Councilman Mr. Michael Fahey Councilman P1r. Dennis Forsberg Councilwoman Mrs. Mugs Nardini Councilwoman Mrs. 6everly Sca1ze ALSO PRESENT: City Clerk Mr. Joseph Chlebeck City Flttor~ney Mr. Clayton Parks Consulting Engineer Mr. Donald Carley Recording Secretary Mrs. Kathleen Glanzer Approval Mrs. Nardini stated that the following amendments should be made to the Of The December 9, 1981 Council meeting minutes: On page 10 of the minutes Minutes the comments made about the Garske swail were made by P4r. Forsberg rather than Mrs. Nardini and the comments about the stakes being removed shou1d be stricken from the minutes; On page 20, paragraph 5, Mrs. Nardini commented that three days per week were needed in order for the building inspector to do a proper job; On page 22 of the minutes regarding the City telephone, Mrs. Plardini was aware that there were two lines into the City Center, but did not know the telephone number of the second line, also, Mrs. Nardini asked the City Clerk to check into a Ca11 Waiting feature. Mrs. Nardini introduced the following resolution and moved its adoption: RESOLUTION N0. 81-12-698 - APPROVING TNE MINUTE.S OF TFIE DECEMBER 9, 1981 COUNCIL MEETING MINUTES WITH TFIE ABOVE OUTLIf~IED AMENDMENTS The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Nardini, Scalze, Flanson, Fahey, Forsberg. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Pages 476 and 477. Mrs. Nardini pointed out that page 8, the fiirst paragraph of the December 16, 1981 Council workshop minutes should reflect that the City's plumbing inspector's compensation was changed to a straight 80% of fees. Mr. Forsberg questioned the use of the word "consensus" in the last two paragraphs of the workshop minutes. Mrs. Sca1ze stated that the word "consensus" means "majority". Page -1- MINUTES City Council December 23, 1981 Public Mayor Hanson opened the pub1ic hearing on the Muel1er request for approval Flearing of industrial revenue bonds. There was no one from the audience present Industrial wishing to comment on the request. Revenue Bonds Mrs. Scalze stated that she would like to review the Mue1ler proposal before Mueller the Council took action on the approval of the bonds. Mr. Fahey stated Proposal that the Council could look at the plans as a part of the bond consideration. Mr. Fahey introduced the fol1owing resolution and moved its adoption: RESOLUTION N0. 81-12-699 - CLOSING THE PU6LIC FIEARING ON THE MUELLER PROPOSAL FOR INDUSTRIAL REVENUE BONDS The foregoing resolution was duly seconded by Mrs. Nardini. Ayes (5) Fahey, Nardini, Hanson, Scalze> Forsberg. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 477. Mr. Fahey asked Mr. Mueller if he has complied with the City Planner's recommendations regarding the proposal. Mr. Mueller replied that he just received these recommendations. Mueller commented that most of these items were discussed at the Planning Commission meeting. The City Planner has recommended approval of the Mueller proposal subject to six recommendations outlined in his report dated December 21, 1981. These recommendations are: 1. Lots 19, 20, and 21 should be 1egally combined and recorded with Ramsey County prior to issuance of a building permit; 2. Four additional parking spaces should be provided to meet the Ordinance requirements; 3. The app'licant should submit written approval from the County Engineer regarding the curb cuts on County Roacl B; 4. Extent and details of the landing pad and location of fuel tanks should be included on the plan; 5. Utilities, grading and drainage should be subject to review and comment by the City Engineer; 6. The helicopter landing facility shou1d be subject to approval by Minne- sota Department of Transportation. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 81-12-700 - APPROVING THE INDUSTRIFlL REVENUE BONDS FOR THE MUELLER PROPOSAL SU¢JECT TO COMPLIANCE WITH TFIE CITY PLANNER'S SIX RECOMME~IDATIONS OUTLINED IN HIS REPORT OF DF.CEMBER 21, 1981 Page -2- MINU7ES City Council December 23, 1981 The foregoing resolution was duly seconded by Mrs. Nardini. qyes (4) Fahey, Nardini, Hanson, Sca7ze, Nayes (lj Forsberg. Resolution declared adopted. This resolut9on appears in Resolution Book No. 7, Pages 477 and ~78. Mr. Fahey commented that before the Council approves the Mueller plans he would like to know their comments about the Planner's recommendations. Mrs. Nardin5 asked Mr. Mueller if he had a definite time for construction to begin. Mr. Mueller rep1ied that he did not, but they would 7ike to be in the facitity by Spring. Mr. Mueller stated that he would be more than happy to work with the Engineer on the drainage issue. Mueller also commented that the helicopter landing pad is something for the future. Mrs. Nardini asked if MN DOT had any objections to the helicopter landing pad. Mr. Mueller replied that they did not and wondered why the company had not done this years ago. Mr. Forsberg commented that the reason he is opposed to this proposal is 6ecause of the helicopter landing pad. Forsberg felt this was a poor location for it. Mrs. Scalze commented that the City of Maplewood has not had time to review this proposal. Mr. Mueller informed the Council that the company has contracted with Ramsey Nospital, Northwestern and the U of M for transporting patients. The company does not answer accident calls. This is a specialized field of patient transporting. Mrs. Nardini stated that the company a1so transports technicians and equipment that each hospital cannot afford to own. Mrs. Scalze stated that she understood Mr. Forsberg's concerns about the helicopter. Mr. forsberg stated that he was concerned about the noise that would be caused. Mr. Mueller replied that Ramsey Hospital has a helicopter pad and there are alot of peop1e living in the area. Mrs. Nardini stated that it was her understanding that the helicopter would come in from the direction of the highway and this would take a lot of the noise. Mr. Fahey stated that he would like to have comments from the City Engineer and City of Map7ewood on this before he takes action. Mr. Fahey asked the Engineer if he could give an opinion on the drainage issue by the next Council meeting. The Engineer replied ~that he cou1d. Fahey instructed the C1erk to request comment from the City of Maplewood by the January 13, 1982 Council meeting. The Clerk stated that Maplewood was only concerned with noise from sirens, but he will get a written comment from Maplewood on the proposal. Page -3- MINUTES City Council December 23, 1981 P4rs. Scalze introduced the following reso1ution and moved its a~option: RESOLUTION N0. H1-12-701 - TABLING FlCTION ON THE MUELLER PROPOSAL. UNTIL THE JANUARY 13, 1982 COUNCIL MEETING FlT WHICH TIME THE COUNCIL WILL FIAVE A REPORT FROM THE ENGINEER REGARDTNG THE DRAINAGE FlND A WRITTEN REPORT FROM THE CITY OF MAPLEWOOD REGARDING FIOW THE PROPOSAL WILL FIT IN1'0 THEIR PLAN The foregoing resolution was duly seconded by Mrs. Nardini. qyes (5) Scalze, Nardini, Hanson, Forsberg, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Qook No. 7, Page 478. Recreation Mr. Pobert Voto, the City's auditor, appearetl before the Council on the Travel question of travel pay for Recreation directors. Mr. Voto informed the Time Council that the City can pay a travel allowance to the Recreation directors, but this money is includable in the employee's W-2 form in almost all cases. Mr. Voto stated that if the City does not want to include this money on the W-2 form, the travel allowance must be reimbursement of actual expenses with detail provided by the employee and/or reimbursement of so much per mile. Mrs. Scalze asked if the City could inc1ude this allowance as part of the salary. Mr. Voto replied that the City cloes not need to have a policy for reimbursement of auto expenses. Mrs. Scalze asked why the County can do what they are doing in this area. Mr. Voto replied that the Federal government very rare1y checks on State or local governments. Mr. Fahey stated that he felt the City should have more accountability from the directors as to the number of hours they are spending on the job and mileage expenses. Fahey stated that $6,000 does not seem too much to be paying for the director's salary, but he does not know the number of hours the director is spending on the job. Mr. Forsberg agreed that there should be some documentation. Mrs. Scalze commented that that wou1d be difficult to do because of the nature of the job. Mr. Forsberg canmented that the Planner, the Engineer, the Attorney are able to keep track ofi the time they spend on City matters, it should be possible for these people to do the same thing. Mrs. Scalze commented that time documentation is a different issue, and the Council is currently dealing with travel pay. Mr. Fahey stated that he is willing to go along with the salary proposed for 19II2, but would like documentation of time. Mrs. Scalze stated that this should probably be thought about for awhi1e and brouyht up at the next Council meeting. Scalze stated that she woulcl have the Recreation directors at the next meetiny. Page -4- MINUTES Gity Council December 23, 1981 Mr. Voto again stated that the City is obligated to include the travel reimbursement currently given the Recreation directors on their W-2 forms. Mr. Hanson stated that the City can include it on the form, but does not have to withhold from it. The Clerk stated that he would put this item on the agenda for the January 13 meeting. Transfer Of Mr. Terry Maglich of MGM Liquors appeared before the Council requesting Liquor the transfer to MGM of the Little Canada Liquors off-sale intoxicating License liquor license. MGM The City Clerk reported that the police report on the MGM principals checked out. Mr. Maglich informed the Council that some time in the near future MGM will be coming in with a proposal to move from their present location on Rice Street to the area on Rice Street in front of Cub. P4r. Mag7ich stated that they have a two year lease in their present location, but they will honor the lease. P1r. Fahey stated that any relocation would have to comp7y with the City's ordinance. Mrs. Scalze stated that there are two schools in the vicinity of the proposed location and Mr. Maglich should be aware of the location of these property lines. P~r. Maglich stated that they would conform with the ordinance. Maglich also stated that they would not be the owner of the building, but would just be a tenant in any new building. Mr. Hanson introduced the following resolution and moved its adoption: RESOLUTION N0. 81-12-702 - APPROVING THE TRANSFER OF THE OFF-SALE INTOXICATING LIQUOR LICENSE FRaN LITTLE CFlNADFl LIQUORS TO MGM The foregoing resolution was duly seconded by Mrs. Nardini. Ayes (5) Hanson, Nardini, Fahey, Scalze, Forsberg. Nayes (0). Resolution declared adopted. This resolution appears in Reso1ution Book No. 7, Page 479. Granada The City Clerk reported that there are still 4 easements missing from 'the Homes on~Granada Homes was to get for the City. The Attorney stated that he had one of these easements. Granada Homes submitted another of the missing easements. They also stated that a third easement Hioutd be mai1ed shortly. The City Clerk pointed out to the Council that the property is registered and it will be necessary to obtain the certificates of title on each property in order to register the easements. Granada Homes asked if the easements could just be kept on file in the City. Page -5- MINUTES City Council December 23, 19II1 7he Flttorney stated that the easement wou1d be good whether it was filed or not, however, the purpose of recording it would be so that other people would know about the easement, for example, a new buyer. The Attorney stated he woulc( not recommend not recording the easements. Granada Flomes stated that the missing easement is for the Mills property and they do not want to sign the easement, because they are afraid someone could come in and take the trees in the easement area. Mr. Fahey suggested that perhaps the Building Inspector could work with the City Flttorney in picking up the certificates of title needed. The Engineer stated that the City should give the property owners a receipt for their certificate of title and be sure to return these to the property owners. Mr. Carley stated that these were very valuable pieces of paper. Mr. Fahey informed Granada Homes that the City would refund their money when the last easement is received. Mr. Forsberg stated that he did not feel the fees for filing the easements should come from the Granada Flomes letter of credit. Mr. Fahey agreed stating that the City should pay these fees. Mr. Forsberg did not feel the people would turn over their certificates of title. Mrs. Nardini suggested that perhaps the Flttorney could redraw the easement for the Mills' so that trees could not be removed -From the easement area. Mr. Chlebeck reported that to date the total expenses to be charged against the letter of credit are $2,753. Granada Homes was concerned that they were paying f or some of the work that shou7d be charged to Mr. Garske. The C1erk stated that he would check this out. The Attorney suggested that someone in the City should write the property owners involved and 9nform them that in order for their title to be good the easement must be recorded. The Flttorney felt that if the situation were explained properly, the City would get the cooperation necessary. Mr. forsberg pointed out that many property owners may not have their certificate of title, that a bank or mortgage company may be holding it. The Attorney stated that the City could make arrangements to get these. Granada Flomes questioned the high amount of fees they were being charged for Flttorney and Engineer services. The Clerk stated that there are about $2,100 in Engineer fees and about $650 in Attorney fees. The Flttorney informed Granada Flomes that he did not bi11 for about ~400 of his time. Granada Homes commented that they applied for their bui1ding permits in July and did not get the permits until a later date. During that time the fees were raised. Granada Nomes felt they shou1d not have to pay this increase. Mrs. Scalze agreed that it would not be fair if the City held up their permits. Page -6- r~zNU1~Es City Council December 23, 1981 Mr. Fahey suggested that the City Clerk determine what the credit would be in this area. Fahey asked why the engineering fees were so high. The Engineer replied tPiat he had to survey the whole property. The Engineer also stated that there is some of his time that is not included in the bi11. The Engineer also stated that Garske has about 10% of the area and should pick up that portion of the cost. The Engineer also stated that according to his firm, there has been no progress on the swail on the Garske property. Forsberg commented that after the property was staked a small machine was in the Garske property, Mr. forsberg felt that at this point nothing more could be done until spring. Mr. Hanson introduced the following resolution and moved its adoption: kESOLUTION N0. 87-12.-703 - AUTHORIZING THE RELEASE OF GRANADA HOMES' LETTER OF CREDIT LESS ANY ATTORNEY AND ENGINEERING FEES SUBJECT TO GE77IPJG 1'FIE OUTSTANDING EFlSEMENTS The foregoing resolution was duly seconded by Mr. Forsberg. F{yes (5) Flanson, Forsberg, Scalze, Nardini, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution 6ook No. 7, Page 479. Deferred The Attorney previously submitted to the Council a model ordinance for Flssessment dealing with senior cit9zen deferrments. Ordinance Mrs. Scalze stated that after reviewing the proposed ordinance she feels the first version submitted by the Attorney would be the way to hand7e it. Mr. Fahey stated that he agreed. Fahey stated thai: he a~ould like the five year renewal provision shnrtened to perhaps 3 years. Fahey stated that it would be possible for a senior citizen's income to suddenly go up and they would no longer be eligible for the deferrment. Sca7ze stated that she would not want to go through the renewal process sooner than 5 years. The Flttorney stated that almost every other City has a 5 year renewal provision. The Attorney stated that new applications would also be coming in on a regular basis, and a less than 5 year provision may cause problems. The City Clerk pointed out that this would not only effect new improvement assessments, but also old assessments. Fahey asked if the people previously granted a senior citizen deferrment would have to come in imanediately to reapply, or would they fall under the renewal provision. Scalze asked if these people would be grandfathered in. Mr. Forsberg felt these deferrments should 6e reviewed the next time the City is reviewing deferrments. Page -7° MINUTES City Council December 23, 1981 Mr. Fahey suggested that perhaps the City should write a letter to all those people who presently have a senior citizen deferrment and inform them of the new ordinance. The Flttorney stated that the City cannot make someone pay for past deferrments, that the City cannot back up on these. However, the Attorney suggested that the present senior citizen deferrments be reviewed immediate7y. The City Clerk stated that there are presently about 20 senior citizen deferrments. The Attorney stated that the present deferrments can be sent a copy of the ordinance and tolcl they must reapply for their deferrment. The Flttorney felt most of them would qualify under the new or~inance. Mr. Fahey pointed out that the ordinance is based on annual income regardless of savings. Fahey questioned if it was fair to other taxpayers to grant a deferrment to someone who might have ~150,000 in the bank. Mrs. Scalze co~nented that the City would have no way to find out what people's assets are. The Attorney stated that in many cases a senior citizen might not fi1e a tax return, and if this were the case the senior should come in with an af•fidavit of stated annua1 income in order for the Counci1 to determine if there is a hardship. Fahey suggested that the ordinance have a provision that applies it to a11 existing and future deferrments. The Attorney agreed and suggested that he add an a~ditional section to handle this. Mr. Forsbery asked if the Council could leave the exist~ng deferrmen~s as is. The Attorney replied that the City could not as they could be charged with discrimination. Occupancy The Attorney submittecl to the Council a new ordinance dealing with occupancy Permits permits. The permits would be issued after a satisfactory inspection of the building and landscaping. The ordinance also provides for the Council the discretion of waiving the permit when sp~cial conditions exist which would otherwise result in a hardship. Mr. Fianson stated that this would provide for 1andscaping that could not be done in the wintertime. Mrs. Nardini stated that the City wi71 be adding a$10 fee at the time of permit app1ication to cover the occupancy perm~t. Hanson suggested that when new permit forms are ordered they provide for the occupancy permit. Mr. Fahey introduced the following ordinance and moved its adoption: ORDINANCE N0. 179 - aN ORDINANCE AMENDING SECTION 924.010 OF THE PAGE 8 LITTLE CANADA MUNICIPAL CODE BY ALLOWING FOR COUNCIL DISCRCTION IN WAIVING REQUIREMENT OF OCCUPANCY PERMIT~ AND SLCTION 924.020 TO INCLUDE LANDSCAPING APPROVAL FOR OCCUPANCY PERMIT ISSUANCE. MINUTES City Council December 23, 1981 The forego~ng ordinance was duly seconded by Mrs. Scalze. Ayes (5) Fahey, Scalze, Hanson, Nardini, Forsberg. Nayes (0). Ordinance declared adopted. North The Attorney read to the Council the agreement he ~rew up between the Star City and the North Star Mobile Home Park with regard to the second entrance Mobi1e at the park. The Flttorney suggested that Mrs. Breeding be given a copy of Home this agreement. Court Mr. Fahey questioned what H~ould happen if P4rs. 6reeding refused to be relocated to another spot in the park. The Flttorney stated that Mrs. Breeding received her notice from the park, and the park has the power to remove or relocate anyone with 90 days notice for improvements that are being made to the park. Fahey suggested that the agreement say that Mrs. Breeding should be offered the firs~t available lot in the park. Fahey stated that Husnick could make the first lot in the park available, but Mrs. Breeding could refuse to move to it. Fahey suggested that the fol1owing wording be added, "when her home has been relocated or has been otherwise removed from the park". Mr. Parks agreed that this was a good point and stated that he would add this to the agreement. Parks will then submit the agreement to P4r. Husnick for signature and then to the Playor and City Clerk for their signatures. Kelbe Mr. Parks stated that Mr. Kelbe signed a revised agreement and that agreement Agreement has been given to the City Clerk. State Mrs. Nardini asked the Nttorney how the research is progressing on the Overflow possibi7ity of charging the State on the overflow situation. Charges The Attorney replied that he is working on it and it looks like the City will be able to charge the State. The Attorney commented that he has no final answers as yet and the process may be a very involved one< Don P4r. Don Gagne appeared before the Council asking to speak to the Council Gagne on the events that lead up to litigation that is pending between the City and himself. Mr. Gagne stated that he has been served two citations from the City and that he has p1eaded not guilty to these. Gagne informed the Council that he has 1istened to the tapes of the various meetings at which this situation was discusseda~d in these tapes he heard that he was not agreeable ~o coming do~un to the Council and discussing the situation. He also heard discuss~on about how his case and the DeBace matter should be han~led the same. Mr. Gagne stated that he did not feel the City's case would stand up in court and fe1t it would be an embarrassment to both he and the City to go to court on the matter. Mr. Fahey asked Mr. Gagne what he is willing to do about the situation. Page -9- MINUTES City Council December 23, 19H1 Mr. Gagne rep1ied that he has done all he is willing to do. Gagne stated that he tried to build a building without a building permit because of the taxes. It was not to avoid the permit fee, which is $15. Gagne stated that he got caught and then he applied for a permit. Fie was then informed by the Clerk that he must submit a diagram of the bui1ding. Fl family emergency came up and it took a few days before Gagne got the ~-~a~r~~in to the City. Then Mr. Gagne stated that he was informed he needed a special use permit for the bui1ding. Mr. Gagne stated that he has 5 acres of property and felt he was not interfering with anyone and, therefore, would not get a special use permit. Mr. Gagne informed the Council he then reviewed the City's Zoning Ordinance and was more convinced that he did not need a specia1 use permit. Mr. Gagne commented that the tapes reflected that the Bui1ding Inspector red-tagged his property. Gayne stated that this was never done. He did receive one letter from the Building Inspector on the matter. Gagne commented that on the tapes it reflected that he was to be invited to come down to ta1k to the Council. Mr. Gagne read a 1etter from the City Clerk. Gagne pointed out that the letter did not invite him to a Council meeting. Mr. Gagne also stated that he has been traveling a great deal and had not kept up with the minutes of the Council meetings and did not rea1ize how far the situation had developed. Mr. Gagne also commented that a11 of a sudden the Council decided that Mr. DeBace d~id not need a special use permit and he, Gagne, was being taken to court. P~r. Gagne commented that he did not feel this was equal treatment. Mr. Fahey stated that he would like to have a closed door meeting fo7lowing the Council meeting to discuss this matter. Fahey asked Gagne if he were willing to pay the permit fee, but fe1t he did not need a special use permit. Gagne stated he would pay whatever Mr. DeBace paid. Gagne also felt the City should drop the case. Mr. Forsberg stated that the Council disagreed on how they viewed the DeB1ce matter and the Gagne matter. Mr. Forsberg stated that he did not feel they were the same. Mr. Fahey stated that he believed the two cases should be treated differently. Mr. Fahey commen~ed that the Council said they would listen to Mr. Gagne's comments and discuss the situation in a closed session. Fahey stated that the Counci7 might be ab1e to get back to Mr. Gagne after the closed session. Mr. Gagne commented that he heard comments that he was building on an easement. Mr. Gagne said that this is not true. Gagne commented that when the property was rezoned he agreed that he would not build his house on the 60 feet, but he did not say he would not put anything else on it. Gagne stated that if the City wants an easement on this property they should condemn it. Gagne stated that he is paying taxes on the property and he will put whatever he wants to on it. Mr. Gagne also commented that the property is not buildable as you cannot get sewer ~ it, and therefore there is no reason for an easement on the property. Page -10- MINUTES City Counc9l December 23, 1981 Mr. Fahey stated that in May of 1980 when the property was rezoned, the Council stated that no structure should be built within 60 feet. Fahey asked if Gagne would be uiilling to a stipulation in his abstract that the property could not be further developed beyond the point it is currently used so long as the structure is within that area. Mr. Gagne was not agreeable to this. Mr. Forsberg commented that the comment that the property is unbuildable because of sewer is not true. The Fngineer agreed that it would be possible to hook into Metro's interceptor line, although Metro Sewer might not like this. Mr. Forsberg commented that the property where Mr. Gagne built the structure is no longer farmland as Nir. Gagne had the property rezoned to R-1. Gagne commented that there is no farmland in Ramsey County. Mr. Forsberg commented that the principle use of some other property in the City is agricultural. Mr. Gagne atso questioned the need for a 60 foot road in this area and pointed out that the City currently changed its requirement to 50 feet. Gagne pointed out that the topography of the area was such that a great deal of fill would have to be brought in and a manhole would have to be covered up. Gagne felt that the Planner's recommendations about this 60 foot road were unreal9stic. Mr. Forsberg stated that Mr. Gagne should have come in two months ago to discuss the situation with the Council. Gagne pointed out that someone could have invited him to a Council meeting to discuss it. The Council thanked Mr. Gagne for his comments and said they would discuss the situation in a closed-door session following the meeting. City The City Attorney informed the Council that the Clerk of Courts would lil<e Attorney to know who will be doing the City's prosecution work so that he can set up his court calendar. Mr. Fahey stated that if there is a change in the Attorney position it could probab1y not take effect until February, Fahey felt the present City Attorney should be retained through January 31 for prosecu~ion work Mrs. Scalze introduced the fol1owing resolution and moved its acfoption: RESOLUTION N0. 81-12-704 - DECLARING THAT THE CITY CONTINUE WITH THE PRESENT CITY ATTORNEY FOR ALL WORK PENDINf THROUGIi JFlNUARY 31, 1982 AND CONTINUE ANY AND ALL PROSECUTIOM WORK WITH TFIE PRESENT CITY ATTORNEY TFiROUGH JANUARY 31, 1982 The foregoing resolution was duly seconde~ by Mr. Hanson. Ayes (5) Scalze, Hanson, Forsberg, Fahey, Nardini. Nayes (0). ~~solution dec7ared adopted. This resolution appears in Resolution Book No. 7, Page 4II0. Page -11- 1~4INUTES City Council December 23~1981 Iughes The City Clerk reported that the City did receive a revised landscape Construction plan on the Hughes proposal. Soo Line The Engineer submitted to the Council £or approval a Soo Line Railroad Railroad agreement which authorizes the City to lnstall the watermain on County Agreement Road &.2 under the Soo Line tracks. Mr. Hanson introduced the following resolution and moved its adoption: RESOLUTIOIV N0. 81-12-705 - AYPROVING THE S00 LINE HAILROAD AGREEMENi' AND AUTHORI2ING THE MAYOR AND CITY CLLRK TO SIGN Y'HE AGREEMENT The foregoing resolution was duly seconded by Mrs. Scalze, Ayes (5) Hanson~ Scalze, Forsberg, Fahey, Nardini. Nayes (0). Resolution declared adopted. 1'niy s•esolution appears in $esolution Book No. 7, Yage l~80. Water Works The Engineer submitted to the Council a Water 6Jorks Crossing Agreement Crossing authorizing the City to cross Water Works property on South Owasso with Agreement storm sewer. Mr. Forsberg introduced the following resolution and moved its adoptlon: RESOLUTION N0. 81-12-706 - APYHOVING THE WATER WORKS C 0 G G UTHOk?IZTNG THE CITY CLENK AND NUIYOR TO SIGN THE AGREEMENT The foregoing resolution was duly seconded by Mrs. Nardini, Ayes (5) Forsberg, Nardini, Hanson, Scalze, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Yage 481. Ryan The City Engineer pointed out that the Ryan property will not be assessed Assessment for 9 months, The Engineer stated that Mr, Ryan presently has a building Agreement on three of the four lots he owns and suggested that i£ there is not a building on the fourth 1ot by the time the assessments will be levied~ then the assessments can be levied against the three lots with buildings. Mr. Forsberg asked if the Kyan Assessment Agreement provided for equal assessments on each oF the properties. Mr, Fahey suggested that the agreement be redrawn so as to state the assessments will only be levied against the property with a building on it. Mrs. Nardini agreed that she would not like to see any assessments against the lot without a bui:i.ding on it, Mr. Forsberg stated that he would be satisfied with four equal assessments. Page -12- rurruTr:s City Council December 23, ~-98~ l~rs. Nardini introduced the followir~ resolution and moved its adoption; RESOLUTION N0. 81..12.,~07 - AMENDING THE RYAN ASSESSMENT AGRE~MEN'P BE ADDING THE WORD ~~EQUALLY~~ AFTER THE WORD ~~LEVIED~~ IN THE THIRD PARAURAPH OF THA`P AGREEMENT AND REt~UESTING M$, RyAN TO TNITIAI, THAT AMENDMENT The f'oregoing resolution was duly seconded by Mrs. Scalze, Ayes (5) Nardini, 8calze, Nanson, Fahey, Forsberg. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7~ Page Lt81. Assessment The City Clerk reported that the reapportionment for Division No. 0$7122 Reapportion- was recently approved by the Council, however, due to an error on the part ment Div, No. o£ the County, it must be reapproved. 05'7122 Mr. hanson introduced the following resolution and moved its adoption: ItE50LUTI0N N0, 81-12-708 - APPROVING THE ASSESSMENT ' PORT ON N OR DIV SIUN N0. 057122 The foregoing resolution was duly seconded by Mrs. Scalae. Ayes (5) Hanson~ Scalze, Forsberg, Fahey, Nardini. Nayes (O). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Yage 482, State Aid The F,ngineer submitted to the Council State aid plans £or Country Drive, Approval The Engineer asked for Council approval o£ these plans, Country Drive i~irs. Nardini introduced the £olJ.owing resolution and moved its adoption: RE50LUTION N0. 81_12»709 -APPROVING PLANS FOR COUNTHX DRIVE IDENTIFIF,D S S, ,P, 200 101-02 The £oregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Nardani~ Scalze~ Aanson, Forsberg, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 482, City Mrs. Nardini asked the ~ngineer i£ he has determined how much highway property Highway & and Water Worics property there is in the City, 'Phe En xneer stated that he Water Works g has not yet looked up this in£ormation. Property Sewer In Mrs. Nardini asked the status o£ the situation on Keller Parkway. The Maplewood Engineer replied that he has notified the City of Maplewood about the water ~roblern in this area. The Engineer stated that it is Maplewood~s problem and they will take care of it. ~-z3- inINUTE5 City Council December 23, 1981 DeSoto The Enga.neer reported that the City still has allocation for 9/10~s State Aid o£ a mile of 5tate aid road. The Engineer is recommending DeSoto ~ad for this, rhe Engineer also stated that just because the City makes this designation does not mean the road will be built. Once the designation is made~ the City can collect the State sid. The City Clerk stated that the State aid money goes to the City~s State aid roads. The allocation for a certain road can be used on another road. Mrs. Scal.ze introduced the £ollowing resolution and moved its adoption: RESOLUTION N0. 81-12-710 - D~SIGNATING DESOTO STREET AS A STATE AID ROAD ACCORDING TO THE PLANS SUBMITTED BY THE CITY ENGSNEER The foregoing resolution was duly seconded by Mr, Fahey, Ayes (5) Scal.ze, Fahey, Hanson, Forsberg, Nardini. Nayes (O). Resolution declared adopted, This resolution appears in Resolution Book No. 7, Page 483. Machin The Engineer reported that he has completed a survey of the Machin property Propexty which he will give to the City Clerk, The Engineer suggested that the Clerk send a copy of the survey to Nir. Machin. Building Mr, Fahey reported that Mr, Edward Locke has agreed to take the fiuilding Inspector Inspector position £or the City. Mr, Locke will work three days per weex, eight hours each day. Fahey also reported that Mr. Locke offered to do the plumbing inspections during the same working hours at the salary ofi'ered by the City. Mrs. Nardini informed the Council that the City~s plumbing inspector has agreed to go with compensation o£ 80~ of the fees collected, Fal'ney reported that the Building Inspectox will receive $1,000 pex month plus hospitalization to a maximum o£ ~115 per month. Forsberg commented that he ti~ow,dn~t care for one person doing a11 of the City~s inspections. Fahey reported that Mr, Locke believes the City needs a fu:tl-time inspector based on the City~s valuaiion. Fahey stated that he stands to be convinced o£ tha.s. Fahey informed Council that Mr. Lock'~position will be reviewed after six months. Fahey also stated that Locke is looking for a fu11-time position. Locke wil7, be documenting his time. Fahey stated that if the position does not develop into £ull-time Locke may leave the City and go somewhere else. Fahey stated that he was in £avor of giving P4r. Locke the plumbing inspections as this would save the City 80% of the fees that will be paid to the City~s current plumbing inspector. Mrs. Scalze stated that she feels the $1,000 per month for the Building TnspecCor is high and questioned the necessity of paying insurance coverage for i;he inspector. Mr. Forsberg stated that he thought the $1,000 per month in~yuded any benefits that would be paid. Page -11~- MINUT~S City Council Decembex 23~ ~981 Mr. Fahey reported that the $1~U00 plus hospitalization comes out to about what NTr. Locke is making per hour at the C~.ty o£ White Bear. Fahey stated that he thought the City should extend the insurance coverage in order to make the job more attractive. k'orsberg commented that he was thinking about $15,000 per year for 20 hours per week, but that it basically comes to about the same thing. F'ahey stated that it amourtted to about $13~200 per year. Mrs. 5calze commented that i£ the Building Inspector wants to make the ~ob a full-time one~ he will find a way to do it. Fahey asked what the Council wanted to do about the plumbing inspections, Mr. Forsberg suggested that the plumbing inspections rema.in as is fpr the first six months and the Council could make that decision at a later date. Foxsberg convnented that the Council should not be changing personnel all the time. Forsberg stated that the City~s plumbing inspector is doing a good job~ and the Council does not xnow much ~bout Mr, Locxe, Mrs. Nardini commented that when the plumbing inspector is appointed for the year of 1982 there is no provision for a review in six months. Scalze stated that she was not in £avor of getting rid of the other inspectors just because Mr, Locke wants it. k'ahey agreed to have the Building Inspector concentrate on building inspections. Fahey instructed the Clerk to send a letter to the other applicants for the position thankir~ them £or their interest. Fahey informed the Council that Mr. Locke will report £or work on January 1~, ~982. Mr, Hanson introduced the following resolution and moved its adoption: RESOLUTION N0. 81..12-'711 » APYROVING MR. EDWARD LOCRE AS TAE CITY BUILDING INSPECTOR The foregoing resolution was duly seconded by Mr. Forsberg. Ayes E5) Hanson, Forsberg, Fahey, Nardini, Scalze, Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. ?, Page 1t83. Planning The City C1erk reported that the terms o£ Roy French, Peter Costa and ~ommission James Steele are up on December 31~ 1981 on the Planning Commission. Appointments Mr. Forsberg asked if these individuals applied for reappointxnent. The Clerk reported that in the past the Council has asked them i£ they wanted to be reappointed. i~ir. Fahey suggested that the Council should advertise these vacancies. Page -15.. f4INUTE5 City Council December 23~ 1981 Mr, Fahey introduced the £ollowing resolution and moved its adoption: R~SOLUTION N0. 81-12-712 - TABLING APPUTNTMENTS TO TAE PT~A ING COMMISSION UNTIL THE JANUARY 27, 1982 COUNCIL MEETING AND EXTENDING THE TERMS OF ROY FRENCA~ PETER COSTA AND JAMES STEELE ON THE PLANNINU COMMISSION UNTIL JANUARY 27, 1982 PENDING ANY FURTAER APPOINTMENTS The £oregoing resolution was duly seconded by Mrs. Nardini. Ayes (5) Fahey, Nardini~ Hanson, Forsberg, Scalze. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 1t84. k'ahey asked the Council~s feelings on if the positions should be advertised. Scalae commented that the incumbents were always reappointed automatically and, therefore, did not realize that they had to reapply £or the position. The City Clerk commented that it has been City policy to advertise any vacancies. Fahey commented that the League of Women Voters has sent the City a letter on this, The Clerk stated that he will advertise the positions. Phalen Mrs. Nardini reported that she attended a meeting on the Phalen overflow Over£].ow situat9.on. Nardini asked the Council i£ they felt that the City should enter into an agreement to participate in these meetings. Nardini stated that it will cost the City some money. Hanson suggested that the City discuss this when it has more information on it, Rezoning Mrs. Scalze informed the Council that she attended a meeting in Maplewood In for the proposed rezoning to residential estates of some property located Maplewood on Beasn Avenue and 1~1, The rezoning had been inatiated by the Council, Uut £ailed for lack of votes. Scalze commented that after the rezoning was dez~ied a preliminary plat on the property was presented to the Council. The plat proposed 80 homes on a 40 acre 'site. Scalze stated that she informed the Maplewood Council that drainage was a concern. Scalze commented that Maplewood is going to let t~~e developer develop 13 homes. There is no water in this area, Scalze commented that Roger Runyon is concerned that his property will be ~~ndlocked by this development, However, Maplewood does not want any boundary line roads and £ee]s that Little Canada should handle the Rur~yon property. Scalze commented that the City may need a proposed street plan in this area, Fah~y suggested that the Council wait and see what kxappens in the area. 5calze commented that she wanted to keep the Gouncil informed on this issue. Page -16- tS]:NUTES City Council December 23~ 198i Park Mrs. Sca7.ze reported that the terms of Lois Runyon~ Carl Spooner arXl Commission Bill Sanders all expire as of December 3~~ 1981 on the Park Commission. Appointments Scalze stated that all three have attended 11 out o f the 12 meetings that the Commission held. Scalze a1.so stated that she was not in favor of advertising these positions, Hanson agreed that the positions should not be advertised due to the lack of interest the Council has had in the past when trying to fill Park Connnission vacancies. Scalze reported that all three have reappliea zor the position and £elt that a11 three have done an excellent job for the City. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 81-12-713 - REAPPOTNTING LOIS RUNYON~ CARL SP00 D B LL S NDERS TO THE PARK COMMISSION The foregoing resolution was dul.y seconded by Mr. Hanson. Ayes (5) Scalze, Hanson~ Nardini~ Forsberg~ Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7~ Page 1t81t. Unimproved rir, k'orsberg was concerned about tne City~s issuing building permits Streets on unimproved streets. A'orsberg was concerned about this because of the difficulty to get fire trucks to these homes should the need ever arise. Fahey stated that the Council has allowed this with tne condition that the person be deemed in favor of the street. Forsberg felt that a house should not be bua:lt on an unimproved street until the base is in and the road is graded and it is usable. Fahey commented that he would go along with that. Mrs. Nardini stated that she would research the City Code and see what it says. City Fahey stated that he proposes a January 6 workshop session at which Attorney City Attorney applicants wi11 be interviewed. k'ahey stated that he has Position narrowed the applicants down to three, These are: Sweeny-O~Connor & Leriay, Grannis-Grannis-Campbell & Farrell and Moore-Coste7.lo & Hart. Faney stated that the Clerk has checked on these firms and a11 received excellent recommendati~ons from the other cities they rep~~gent. F'ahey stated that these are the three he recommends and he eliminated the other firms for one reason or another. Fahey also stated that he does not know any of the attorneys in these £irms. Fahey stated that some o£ the reasons he eliminated other £irms was that they did not want to represent the City £or both civil and prosecution woric, or they did not have municipal experience. Also one firm reprsents Maplewood and Fahey £elt conflict of interest situations could develop. Page _3.7- tSINUTES City Council December 23~ 1981 Councilpersons Nardini and Scalze £elt that there may be additional applicarrts to the ones N1r. Fahey mentioned that should be considered. Nir. Forsberg stated that he recoimnends Clayton Parks for the City Attorney position, Mr. Hanson introduced the fo:llowing resolution and moved its adoption: HESUliUTION N0. 81-12-714 - REJECTING ALL APPLICANTS FOR THE CITY ATTORNEY POSITION Wt'PH THE EXCLPTION OF TH~ APYLICATION SUBMITTED BY CLAYTON PARKS The £oregoing resolution was duly seconded by Mr. Forsberg, Ayes (2) Hanson, I'orsberg. Nayes (3) Nardini, Fahey, Scalze. Resolution denied. This resolution appears in Resolution Book No. 7~ Page 1~85. Mr. Hanson stated that it looks as though the Council has no intentions of interviewing the present City Attorney. Mr, Fahey replied that he saw no point in interviewing the present City Attorney as all the Councilmembers know NIr. Parks and the work he has done. Mr. Fahey suggested that if the other Cowacilpersons have firms that they would lik~ interviewed on January 6th, they shou].d let him know before the 30th o£ December and he will write a letter to them inviting them in £or an interview, i~ir. Hanson informed the Council that at the January bth workshop session he would 'like to review some of the charges the Planner is submitting to the City. Mrs. Scalze commented that she feels there is no problem with the Council asking questions from time to time, Mrs. Scalze antroduced the following resolution and moved its adoption: ftE:SOLUTiON N0. S1-12-715 .. p~CLARING THAT THr, CITY COUIVCIL W'tLL INTERVIEW TH~ FIRMS OF SWEENY-O~CONNOR & LE MAY, GRANNIS-GRANNIS-CAMPBELL & FARRELL ANll MOORE-COS'PELLO & HART AT A WORKSHOP SESSION ON JANUARY 6~ 1982 AND IF COUNCI]~MEMBERS CONIE UP WITH ANY AllDITIONAL FTRNLS THEY WISH TO BL; INTEI~VIEWED~ MR. FAHEY SHOULD F3E NOTIFIED BY DECEMBER 30, 1981 SO THAT THI;SE FIHMS CAN BE NOTIFIED TO ATTEND THE JANUAHY 6, 1982 WORKSHOP SESSION The foregoing resolution was duly seconded by Mrs. Nardini, Ayes (5) Scalze, Nardini~ 1~'ahey~ Forsberg, Hanson. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 485. Fahey commented that it may be possible to a~,point the City Attorney position at the January Council meeting for civil work and a£ter February for cximinal work. Page -.18- MINUTES City Council December 23~ 1981 Approving Mr. F'ahey introduced the £ollowing resolution and moved its adoption: Vouchers RI:SOLUTION N0. 81-12..716 - APPROVTNG THE VOUCHERS The £oregoing resolution was duly seconded by Mrs. 5calze. Ayes (5) Fahey, Scalze, Hanson~ Nardini, Fozsberg. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 1~86. Iona Lane Mayor Hanson reported that he received a call about a rat problem on Iona Lane. Aanson stated that he has informed the Health Inspector of this. City Mr. Forsberg asked the Council to think about the 1982 appointntent for Newspaper legal newspaper. NIr, F'orsberg asked that the Hoseville Review come in with a presentation in this respect. Adjourn Mrs.Nardini introduced the following resolution and rnoved its adoption; RESOLU`PION N0. 41-12-717 - ADJOUNNING `i'he £oregoing resolution was duly seconded by Mr. Hanson. Ayes (5) Nardini, Hanson, Scalze, Forsberg, Fahey. Nayes (0), Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 1~8G. `there being no further business, the meeting was adjourned at 10:36 P.M. Respect£ully subraitted, ~ ~ ~ ~ ,/~, ~~ l :-(~ %(..~~f~~ ~~ .r 4'~ ~ i~ . ~~ n.... i{at een G anzer ~ ~'~- Recording Secretary Page -19-