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Home My WebLink About07-25-84 Council Minutes24TNUT~S OP THL REGULAR P1~LTSNG CI'CY COUNCIL LIT'L'LE CANAI)A, NS7NNliSOTA Agenda Item No, 1 Agenda Item No. 2 Pursuant to due call and noCice thereof a re~ular meeting of the Counci.l of the City oL Little Canada, Mi.nnesota coas held on the 25th day of July, 1984 i.n the Council Chambers of the City CenCer located at 515 Little Canada Road i.n said City. JuLy 25, 1984 Actin~ Mayor Mi.chael Pahey chaired the meeti.ng and calied it to order at 7:30 P.M. and the f:oLlocoing were present at roll calla MEMI3I:RS PRTSTiNT: Actin~; Mayor. Counci.lman Counci.lcooman Councilwoman Mre riichael Fahey Mr. Dennis ror.sberg Mrs. ~lugs Nar.dini Mrs. Beverl.y Scalze MEMAI?RS ABSLNT: ALSO PR~SI:NT: Mayor. City Clerk City Engineer City Attorney City Planners Recording SecreCary Approva]. Mrs. Nardini indicated that the followinp cor.rections should be made Of. The to the mi.nutes of the Ju1y 11 Council meecing: Minutes Agenda Ttem No. 3 On page 6, paragraph 2, that the busi.ness owners "at no charge"; Mr. ~taymond t{anson Mr. .Joseph ChLebeclc ~Ir. Donalct Carley Mr. Thomas Sweeney ~tr. Steve Grittman Mr. James Vi.clc Mrs. Kathleen Glanzer it should be indicated can contact the Planner On pa~e 17, Item 13 Mrs, Nardini. indicaCed that 377 of SCate Law effective October L, 1984 states that CabLe TV Commissi.on members do not have to be City Cotmcil members and, thereEore, Little Canada had Ueen operating in opposi.ti.on to State Law. Mrs. Nardini introduced the foliowing resolution anct moved its adoption: RESOLUTION N0. F34-7-320 - APPROVING THE MID]UT~S OF THE JULY 11., 1984 COUNCIL KEETING WITiI TtIE OUTLINSU CORRGCTIONS The foregoing r.esolution was duly seconded by Mrs. g~alze. Ayes (4) Nardi.ni, ScaLze, Pahey, Forsberg. . Nayes (0). Resolution declared adopted. 'I'his re>olution appear.s in Resolution I~oolc No. 1.1, Pap,es 337 and 338. Page -1- MINt7TIiS C~ity Council Ju1y 25, 1984 L'ri.son Lot Mr. I'ranlc Prison appeared before the Council requesting approval Sp7.it of a lot spl.it. Mr. Fri.son ~resently has three lots which he would li.lce lot l.i.nes adjusted so thaC he would have Cwo loTS. Agenda Item No. 4 Mr. l~ahey reporCed that T4r.. Frison o~ould have to provi.de drainage easements ar.ound the lot li.nes as recommended in the Pl.anner's July 9 reporC. The Engineer r.eported that sewer and ~oater is i.n the area and the drainage easements are all that is necessar.y. Nlr. Prison also informed the Council that the shed on the property has been torn down. This was a requiremenC contai.ned i.n the Planner's r.eporti. Mrs. Scalze introduced the fo7lowing resol.uti.on and moved its adopCionc RPSOLU'LION N0. 84-7-321 - A~PROVING TktE SIMPLE LOT SPLIT I2PQU~STGU S3Y KR. FRANK PRISON SIJIIJPCT TO Tl-IE STIPULATION 'fl~tAT DRAINAGF rASEMENTS BP PROVIDIsD ALONG LO'C LINF.S AND SlIt3JPCT TO THG RIiCOMyEP1DATI0NS OT TIII: CITY ATTORNliY ANU TIIE PNGINI?Et: The £oregoing resoluti.on cvas duly seconded by Mr< Forsberg, Ayes (4) Pahey, Scalze, Porsberg, Nardi.ni. Nayes (0). Resol.ution declared adopted. This resoLuCton appears in Resolution T3ool< No. 11, Page 339. P1r. I'ahey asl<ed i.f the Ci.ty Attorney will pr.epare the easements. The Attorney repli_ed that he could do this and indicated that he ~vi11 have to confirm ti.tle of the property a7.so. Mrs. Nardi.ni aslced i.f any ShoreLand requisements appliect in this case as the property i.s withi.n 1.,000 feet of a body of wa[er.. Mr.. Grittman r.eplied that Shoreland requirements came into play cahen a lot abutted a 1ake. Nardi.ni asked i.f there was any requiremenC for elevation of Che building ~ad. The Planner replied that_ bui.ldi.ng pad must be three f.eet above the highesC water level.. 7'his is an admi.ni.strative checlc by t:he I3uiLdin~; Otfici.al. Lynch Lot Mrs. Dorothy Lynch appeared befor.e the Coimcil requesting approval Spl.i.C of a properCy dzvision. The Planning Commi.ssion recommended approval 7 ro 0. A~enda Jtem No. 5 Mrs. Scll.ze ~informed Mrs. Lynch that drai.nage easements wi17. be Page -2- Mz[vu~rrs ctey co~ncil July 25, 19H4 Lynch I.,ot required around the Lot lines. Split (Cont.) Mr. T'ahey i.nformed Mrs. Lynch that this i.s r.equi.red unc(er Ci.Cy Code. The Ci.ty Attorney stated thaC either he can <IraLV up the easements, or Mrs. Lynch's attorney can do it. The Attorney stated that he o~ould still have to confi.rm ti.tle on the propert:y. The Attorney informed Mrs. Lynch Chat he wi.l1 need the certified abstract oL the property to review. Mrs. Nardini commented that a portion ot the property i.s Low. Nardini. asked if: Shoreland requi.rements ~ooul.d come i.nto p].ay on thi.s proper.ty. Mr. I'orsber.g sT.ated that if ther.e is a locv area on the pr.operty, a I~ome could be bui.lt i.n another. portion of the proper[y that is high. hfr. Grittman stated that thi.s is a buildi.ng permit si.tuation. Mrs. Nardi.ni stated that item 1 in the Planner.'s report: should be revised to read drai.nage easement rather than utility. Nirs. Dlarclini. introduced the following resolution and moved its adopCi.on: RP;SOLUTION N0. 84-7-32 ?- APPR09IDiG TIIL LYNCIt LOT. SPLIT SUI3JECT TO Tli~ PLANNE:13' S REPORT OP JUNL' 1.9, 1.984 AND SUIIJLCT 'I'0 TEIE PROVIDING OF DRAINAGfi iiASEMENTS ALONG 7'tIE LO'L LINES AND Tkli.i l1PDA'LING OL 1'lIE ABSTRACT FOR TEIB PROPP:,RTY The foregoi.ng resolution was duly seconded by Mr. Porsber.g, Ayes (4) Nardini., rorsberg, Scalze, Fahey. Nayes (0). Resolution declared adopted. This resolution appears in Resolution I3oolc No. 11., Pape 340. Pianes Lot The CLerlc r.eported that the Ci.ty has already received the uti.lity Sp1iC easements for the ilanes Lot Sp1i.t. A~enda P4r. Por.sberg reported [hat Mr. ~ynes wants to sell off: 122 feet of: T.tem No. 6 his proper.ty co hi.s nei.~hbor to the east who wants it for open space. P1r. Fahey pointed out that the reason for the pr.oposal f.or the f:utur.e development of: the property was that the ordi.nance requises thi.s on large parcels of property. Mr. Pahey sT.ated that the Cotmcil could require the adjoi.n9ng land o~oner to combine the pr.operty with hi.s. Page -3- MZNU7'L'S Ci.T.y Counc:i.l. July 25, 19£3~f Manes Mrs. Scalze stated she wanted to malce sure that in appr.oving the Lot Spl.it lot split the Ci.T.y was not approving the proposed f.uture development (Cont.) o£ the area. Council deci.ded to act on thi.s item later in the meeting when Gtr. Nlanes i.s present. Richard ~4r. Richard Kichards requested approval of a fr.ont yard fence var.i.ance Richards and a variance for the l.ocation of a staimm~i.n~; pool.. Variance Mr. Pahey pointed out that the Planni.ng Comm:i.ssi.on recommended approval Agenda of the vari.ance 7- 0. Item No. 7 Mrs. Nardi.ni introduced the following resolution and moved iL-s adopti.on: RESOLU'PION N0. 84-7-323 - CI.OSING THIi PUF3LIC I-IEARING ON Tli}i 1tIC1~(ARD RICI~IARDS VARIANCE RPQt1T'ST 'The [oregoing resol.uti.on was duly seconded by Mr. Porsberg. Ayes (~F) Nardini, Porsber~, Tahey, Scalze. Nayes (0)• Resolution declared adopted. 'L'his resotuti.on appears in Resolution ISook No. 1.1, Page 341. Ther.e iaas no one present objecting to the Richar.<is' variance requests. ~1rs. Nardini i.ntroducecl Che following resolution and movect its adoption: RESOLUTION N0. 84-7-324 - APPROVING TEIE RICHARD RICIIARDS VARIANCE RBQUEST POR ]?RON'C YARD PENCE AND SWIMMING POOI.~ Tlte f.oregoing resolution was duly seconded by Mr.. Porsberg. Ayes (4) Nardini., Porsberg~ Fahey, Scalze, Nayes (0). Resoluti.on declared adopted. This resolution appears in Resolution I~ook No. il, Page 342. Mr. Ri.chards informed the Council that he ~vould no l.on~er be parlci.n~; his garbage truclcs on his property, but would use some adjacent industrial property. Wrona Mr. i'ahey opened the public heari.ng on the SJrona request Lor variance Vari.ance at buildi.ng line. P1r. Paliey i.ndicated that the Pl.anner and Planning Commission recommended deni.al of the request< Page -4- MINt1TPS City Counci.l Suly 7_5, 1984 Sdrona Kathleen Glanz,er, a property owner i.n the area, stated that she was Vari.ance opposed to the var.iance requesC. (Cont.) Agenda Mr. Porsberg introduced the following resoluti.on and movect iT.s adoption: Item No. £3 RL:SOLtJTION N0. 84-7-325 - CLOSING 'CtIP PUE3LTC IiFARING ON TI{li WRONA VARIANCE RI3QUliST. The f.oregoi.n~ resolution was dul.y seconded Uy Mrs. Nar<lini. Ayes (4) Porsberg, Narcli.ni, Tahey~ Scalze, Nayes (0). Resol.uCi.on decLarecl adopeed. This resolution appears i.n Resoluti.on ~loolc No. 17., Pa~;e 343. L(r.. P'or.sberg intr.oduced the f.olloc•rinp., resol.ution and moved its adoption: RESOLUTION N0. £3~+-7-326 - DliNYING 7'HP WRONA VARIANCE REQUI:ST The foregoing resolut:i.on was duly seconded by Mrs. Scalze. Ayes (4) PorsUer~, Scal.ze, Nardini., Fahey. Nayes (0). Resoluti.on declared adopted. 'Chi.s resol.ution appears in Resol.ution I3ook Noe L1, Page 344. Thunder. Bay Mr. l~ahey pointed out that the Planni.ng Commi.ssion recommended approval Addition of the Thunder S3ay preliminary pl.at contingent upon Allen Avenue bei.ng Prelf.mi.nary approved and suUject to the Planner's recommendati.ons. Pl.at 14r. Celca appeared before the Council reques~ing approval of. the Agenda '1'hunder. Bay pre.limi.nary plat. Mr. Celca reportecl that he ~oould Item No. 9 l.ilce to include three of P1r. Ilola.schuh Lots in the plat. Ceka also stated that he will increase the corner lot sizes to meet code requirements. Mr.. rahey stated that the cul-de-sac would be over. T.he 500 Eoot limitaton that the City has. Ntr, P'or.sberg stated that a 50 foot cul-de-sac coas not acceptable as a Eire vehicle coul.d not turn aroimd in it. 21r. Celca stated that the cul-de-sac coould have a 50 f.oot radi.us. T1r. Gri.ttman stated Cliat Allen Avenue should ~o through to I?ayne Avenue. Mr. Celca r.epor.trd that the property oomers are agr.eeable to A11en Avenue ~oi.ng through but do not want r.o develop their Land thi.s year. Mr. Cetca asiced if Al.ten Avenue i.mprovement coul.d ~;o in by speci.al assessment, or assessments 6e pr.o-rated in some manner. Page -5- MINIITES Ci.ty Council ,Jul.y 'L5, 19£34 Thunder ~3ay Mr. Ce!ca stated that he woul.d li.ke to dedicate property under the Adc(iCion power l~i.ne for his park charge. Cealc also aslceci iS the assessments (Cont.) for pav:ing this portion of property couLd be char.ged against the park. D1rs. Scalze inLormed Mr< Ceka tkiat i.n a recent devel.opment, the assessments for the parlc property were spread oat over the remainder of the cievelopmenr< Mrs> Scalze informed the Counci.l that on November 14~ 7.931. the Parlc Commiss:ion decided they would I.:i.lce the property f:rom Ar.cade Co Payne Avenue tmder the power li.ne. A nee<I was also cletermi.ned for play areas and ball f:ieldse 'k cc>rr~,;;ti<n~ M~ s,~, Scal.a,e reportect that the Parlc Commi.ssion would lilce 350 f.eet on the n`' ~ Min.8%8~'84 -~es~- si.de of: 7'hunder T3ay Road and ?2.5 F.eet on tha--c~3~;:.si.de. Res.84-E3-37 Mr. Pahey poi.nted ouC that the plat i.s changed si.Qnif~icantly i.n regards to the end of 'fhunder Bay 13oad from what was or~i~;inally submiCted. Al.so the number ot lots has been increased, 29r. Celca stated that there i.s no pr.oblem with shortening the cul de sac to 500 f:eet. Celca stated that he would li.lce to put the street in so that it can be extended in Che future, ~1r. Pahey Eelt that the Planner should review the new plat:. Mr. Car].ey stated that the County ditch system must be completely planned out. The di.tch would have to ~;o throu~;h the Jespersen and Valento property. The Sophi.e and Peterson property would also be involved. The rngineer stated that he cvoulct lilce to study th:i.s further, Mr. Pahey stated that he was noC prepared Co act on the plat at this point until the Planner., Engi.neer anct Partc Commi.ssion look at the proposal. Mr. Fahey pointed out the drainage pr.oblems the City had on Payne Avenue ancl sY.ated that the City wantec! to avoid this here, I.lr. Celca stated that he had no ar.p,ument wi.th the drair.age issues. The City Clerlc £elt that the Bngi.neer should look inCO pondi.np, for thi.s plat. The I?ngi.neer stated tliat an overall ponding area must be considered for thi.s enti.re area. Mrs. Scalze stated that: the obvi.ous place for pondi.ng would be under the power lines anc9 tkii.s could be worl<ed in with t:he trail syst:em. The Bngineer stated that the watermai.n in the ar.ea should also be looped. The En~;ineer stated that he felt thi.s should be a publ.i.c i_mprovement because of the properti.es thaC are involved, Page -6- `~IINUTI;S C:ity Com~cil Jul.y 75, 1.984 Thunder Bay Mr. Fahey Lelt thaC there should be a soLuti.on to the parlc charge questi.on, Adclition the cul-de-sac, and that the ex:ist:i.ng homes shoulcl be shown on the plat (Cont.) before the Counci.l malces a decision. Mr. I[olzschuh astced the Cotmcil's plans for A1.len Avenue. Mr, Pahey repli.ed that the Councilfeel.s that ALlen should ~o through to Payne Avenue. P1r. Holzschuh stated that he has property tied up unti_1 Allen Avenue goes through. Ilolzschuh al.so stated Chat the Pi.re Department would lilce the street to go throu~;h. Mr. tiolzschut~ fel.t that the City was nolding up Al1en Avenue. Mr. Por.sberg stated that the City is not i.n the ctevelopment business and only acts on what developers bri.ng in. Scalze stated that tlie Ci.ty has alcaays recommended that A11en Avenue go t:hrough< P1ary Peterson, a resident of the area, stateci that she was concerned that Allen Avenue would go through right across f.rom her driveway. A1r, Pahey statec! that i.t ap~ears that A11en Gvenue cai11 go throu~h where it is shown. Pahey stated that the I?n~;ineer should review the pl.at wi.th regard to drai.nage and roads. Fahey stated that the plat shoiil.ci Ue compared with the City's thoroughfare plane Mrs. Nardini. i.ntroduced the follo~ving resolution and moved its adoption: RESOLUTION AIO. f34-%-327 - CLOSING 'PIIG PU~LIC HEARIN~ON THP: THUNDE1313AY ADDITION 7?RPI.~IMINARY PLAT The foregoi.ng resolution was dul.y seconded by P1re PorsbeT•g. Ayes (5) Nardini, Porsber.g, Fahey, Scalze. Nayes (0). Resolution declared adopte<1. This resol.u[ion appears in Resolut:.ion l~oolc No. 11, Page 345. Mrs. Scalze indicaCed that i.f Mr. Cetctt does noC l.ike the Parlc Commi.ssion, r.ecornmendati.on, he will have to coortc with them on it. Scalze stated thaC the next Park Commission meeting is August 16, Mrs. Vardini. :introduced the follocuing resoluti.on and moved its adoption: RESOL,U"t'ION N0. 84-7-32t3 - TAFSLING ACTION ON 'CHE 'C1IUNDPR I3AY Pl3CLIMINARY PLAT AND RPFT:RI2ING T191; PLt1T TO THT' ENGIN~:~R POR TOT~L DRAINAGF. CONSIllERATION OT TRE ARJ:A AND FLASII3ILI'LY OF 'CI~]'s ROADS AS PROPOSLD IN COMPARISON WI'CH THP TF10I20UGHFARE PLAN ADOPTED Page -7- MINUT[,S City Counci.l JUly 7_5, 19f~4 Thunder TSay Additi.on (ConC,) Duray Condi.ti.onal Use Permi.ts Agenda ICem No< LO BX TI-IE COUNCT.L POR THT? ARL:A AND RL;I'ERRSNG THE ADDITION TO THG PLANNER ANll OTHIsR CITY STAFP P4Ei9B1iRS I'OR COMMGNTS 'Che £oregoing resoLuti.on was dul.y seconded Uy Mr. PorsUer~;, Ayes (4) T'ahey, Forsbexg, Nard~ini, Scalze. Nayes (0). Resolution deelared adopte<(. This resoluti.on appears in Resol.uti.on )~ook No. 1.1, Page 346e P~r. Pahey report:ec.l that t.he Planninp, Commission C.abled action on the Tom Duray conditional use ~ermi.t requests until [he ~ngineer has reviewed the dr.ai.nage in the ar.ea. Mr. Tom Duray appeared before the Council r.equesting approval. ot a condi.tionai use permit for off-site par.l<ing Lor Lot 4, and a conditionel. use permit PIJD for Lot 5 for a self-service car ~aash, Miss Karin PeLerson of 65 Demont appeared before the Council and r.eported that she had concerns with the grading of the property. Peterson submitted z~ letter recommended by her. Attorney reques[ing that the City assure that the gradin~; wi11 be adequate so that there is no run-off onto her property nor accumula[ion oI any watcr in her basement. Mrs. Scalze commenCed thaC Miss Peterson stated at tkie Planning Commi.ssi.on meeting that si.nce Mr. Anderson ~racted anci filled h:is property, she has gotten water i.n her basemenC. Peterson stated that this i.s true, but since Mr. Uuray put in the swaLe a1on~; the property 1ine, the proUl.em has been r.esolved. Mr. Porsber.g comment:eci that the Anderson property o~as being use<1 as a swale tmtil he filLed his property. Mr. Duray reported that he has hired an t?ngineer to do a topo study o£ Lots 3, 4, and 5 and come up wi.th a suff.icient grlding plan and determination of run-off:, and devel.op a pl.an to handle the drainage. This wi11 be presented to the Ci.ty Engineer for review. Miss Peterson stated that they ~vere concerned about hours of operati.on and asked for r.estr.icted hours duri.ng tihe week. Mr. F?hey suF;gesCed that rt~.ss l?eterson wi11 have to address her concerns apain when the matter ~;oes bef.ore the ]?Lanning ~ommi.ssi.on and then come baclc to the Coimcil, Mr. Porsberg stated that he has proUlems witi~ Miss Peterson's letter, and dict not: feel tha[ the czty could fluarantee there. would never be any run-oft onto the Peterson property. Page -8- MiNll'1'FS City Counci.l Jul.y ?_5, 1984 Duray Mr. Pahey felt that t:he City Attorney would advise T.he CiCy ap,ai.nst Request malci_np this type of p,uarantee. Fahey stated that if the City F.ngi-neer (Cont.) and nr. Duray's engineer do not do a good job in laying out the drai.nage, he i.s sure that Miss Peter.son's attorney wi7.7. aslc for reimbursement. Miss Peterson poi.nted out that the Duray prop~rty w:i.ll. be a11. blacktop and Chere i.s no where for the water to ~;o. Peterson sug~;ested Chat per.hlps storm sewers ar.e needed. Mr. i'ahey stated that the City En~;i.neer. may determine tt~at the Demont ditch is not adequate and wi1.7. malce a recommendation. 3~ahey sYated thaC Che F.ngineer is aware of Miss Peterson's concerns. Mrs. Scalze aslced where Parl< Street: drai.ns to. 'Che tin~i.neer stated that most of the street drain to CounCy Ko~d C ~nd the locoer end cirains to DemonC. Mi.ss Peterson stated that she was of the understanding that a veri.f.ied letCer from the P.ngi.neer ~aas not unusual. Mre Sweeney stated tihat he wouLd not recommend that the Ci.Cy give M:iss Peterson the 7.etter she ttas sug~;~~~sted. Sweeney stated that the dr.ai.nage pl.ans wi1.1 tiave the stamp of a~~pzoval of: two en~ineer.ing f:irms and if something happens the matter vrill be handl.ed ~v~ith these Lir.ms. T4iss Peterson state<1 that she would li.lce to r.equest that the culvert Mr. Duray is nroposing Lor 21ong her property Line have a slight dip over the top or a swale to handl.e excess run-off. CArs. Nardi.ni stated Chat this is an engi.neering questi.on. Mr, Duray assured the Council Chat he is concerned wi.Ch the drainay;e i.ssue and does not want to cause a draina~;e probLem. Mr. Pahey stated that the Council will have to taU1e action on the requests unti.l the City Engi.neer gives the Council a report on the dr~j.nage. Mr. DeLonais stated that the Planning Commissi.on caas concerned because the last p1aC presented no longer showect Che swale. Mr.Dav3.son stated that the 1?l.anni-ng Commissi.on ~dfl5 also concer.ned with the amount: of blacktop proposed and Che run-o£f onto Demont. Davison stated that the problem needs to be addressed Lurther down Demont as coe ll.. Mr< Fahey stated that the Engineer should address thi.s in his report. P4r. Forsberg pointect out that devel.opment i.n the Centerville Road area i.s Uein~ helc( up until the drai.nage questi.ons in that ar.ea are a<Idressed. Page -9- T4INU'CL:S City Cotmci.l. Ju1y 7_5, 198~H Duray Mrs, Scalze poi.nt:ed out that Par.lc Street drai.ns in part on Demont and (Cont.) the Ci.ty has not put a ho7.d on development i.n that area. Scal.ze stated that iL a storm sewer is put in, the property owners i.n the area will have to be assessed. hlrs. Scalze i.ntr.oduced the followi.ug resolution and moved i.ts adopti.on: RPSOLUTION N0. f3~F-7-329 - CLOSING 7'HL; 1?IJ}3LIC }U3AI2ZNG ON TEIE llU1.ZAY CONDSTIOPIAI., USP: PERMI7'S FOR OT'E_SI'LE PARKING AND A CAR WASI-I The f.ore~oing resolution was duly seconded by Mr. Forsberg, Ayes (3) Scalze, I'orsUerg, Fahey. Nayes (0). Mrs. Nardi.ni abstained< 'Lhe resolution declared adopted. 7'his resolution appears in Resolution JSoolc No. 11, Page 347. Mrs. Scala.e i.nCroduceci the foll.owi.n~; resoluti.on ancl moved its adoption: RESOLUTION N0. H4-7-330 - TARLING ACTION ON TIIE Dl1RAY CONDITIONAL USr PPRMIT RrQUFSTS AND RFPF.RRIAIG TFIIi REQUEST TO TIIF PLANNING COMMISSION ALONG WI7'lI A REPORT PROM '['Flr CITY ENGINEGR ON DRAINAGE The Loregoing resoluti.on was duly seconded by 44r. I'orsber.g. Ayes (3) Scalz.e, Pors6erg, Pahey. Nayes (0). Mrs. Nardini abstai.ned. Resoluti.on declared adopted. This resolution appears in Resotuti.on Tloolc No. 11., Page 348, 7'ext Amendment Ther.e was no one present wishi.ng to comment on the proposed text Poster. Care amendment i.n the foster care defi.niCion. Definition Mrs, Scalze introduced the follo~ai.ng resol.uti.on ancl moved its adoption: Agenda Item No. 12 RESOLUTION N0. 84-7-331 - CLOSING 'CI[li PUBLIC HBARING ON TI{E POSTPR CARL' T1:X9' AM~NDNIENT The foregoi.ng r.esolur_i.on was duly seconded by D1r. Por.sberg. Ayes (4) Scalze, Porsberg, Nardini., i~lanson. Nayes (0). Resolution declared adopted. This resolution appears in 13esol.uti.on Uooic No. 11, Page 349. Page -10- MINiJ7'I:S C:i.ty Council. July 25, 198~F 'Cext: Mrs. Scal.ze introduced Che Lolloori.ng ordinance and moved its adoption: Amendment Poster Care ORDINANCF N0. 232 - AMF.NDING S}3.C7'ION 902.010 (Cont,) OP THL MUNICI~PAL CODP OP THL' CITY OP LI7°fI.E CANADA RPLA'f.iNG TO POSTPR CAi2k: The forego~in~; ordinance was duly seconded by P'Ir.. P'orsbers;. Ayes (4) Scalze, L'orsber~;, L'ahey, Nardi_ni. Nayes (0). Ordi.nance declared adopted. Sch].etty 'Che Ci.ty AtT.orney reported that there ar.e a number. of: documents thaC ~doods tiave been f.iled relaCi.ng t o OutLoC A. The Attorney stated that ther.e has been a chan;e ~in a].ot line for Lot 12 also si.nce the orl.ginal Ap,enda plat was fi.l.ed. However, t:hi.s caas done bef.ore Tracts A, I3, C, and D Item No. 1£3 came into the p:icture. The Att.orney reported that Tracts A, B, C, and D were approved by the Comuil. in May of 1.979. This pl.at was never recorded. Since that ti.me there have been eLLorts made to li.mit the amount of drainage in Outlot A. 'L'he AtCOrney stated that it is an open questi.on aC this po:i.nt whether or not OutloC A was de<ti_cated tor drainage, Mr. Pahey f.elt that i.t appeared Erom the plat thaC al.l of. outlot A was decticated for clrainap.,e. The ACtorney stated Chat thi.s was true, but ef.Ports have been made to limit the dra~i.na~;e. The Attor.ney stated that there has been di.scussi_on bet~aeen the City and the devel.oper thaC the drainage easement never intended to include a11 of Outl.ot: A. Mr. Fahey st:ated that the City dispirted t:hi.s wi.th ~Ir. Schletty, 'Phe Attorney stated that thi.s has never been resolvede N[rse Ti.mmons astced whaC the Ci.ty approved in May of 1979. Mr. P1hey repl.ied that Che City approved tkie resubdivi.sion of Outlot A into Tracts A, I3~ C, and D. T'he Attorney stated that Outlo[ A was di.vided into f.ive pieces of property. rahey stated that the c.ity di.cl thi.s wi.Ch the understzindi.ng that the remaining Outlot A was f:or drai.nap,e. Mrs. Scalze i.nformed the audience that in May of. 1979 Mr. Schletty i.nf.ormed the Ci.ty that he never. inCended not to divide Outlot A i.nto these tracts. 7'here was a misunderstandi.ng between .4r. Schletty and his engi.neer about this, Mrs. 7'i.mmons ind:i.caCed that Che plat that the property owners in Schl.etty Gloods got i.ndicated that OutLot A was never to be built on, Timmons sCated that ~alien the neighbors came in to the council in November of 7.979, they wer.e given the 1978 pl.at because Mr.. Schletty never fi.l.ed the 1979 plat and Chey d:id not Icnow it o~as in existence. Page -11- MINU7'ES C~i.Ly Cotmci_1 Ju1y 7_5, 1.934 Schl.etty Woods (ConC.) 'Phe City Attor.ney agreed that the May, 1979 plat was never recorded, Sweeney i.ndi.cated Chat a couple oL qui.t clai.m deeds have been recorded i.n June of thi.s year using legal clescri.pCions from Che di.agram. The F~tCOrney i.ndicated that Kr. Schletty owns Tracts A, 13, C, and D but has gi.ven t.he City an easement over 'Pract C to thc City. This was rec.orcted on June 1£3, 1984. The Attorney stateci chat P1r. Schletty claims that the deeds were f.il.ed to seC up separate tax desi.gnaCions for the tracts. Sweeney stated that he believes that Tract A has been sold subjec[ to soi.1 bor~ings, but does not lcnoca the status of Tracts I3 and D. 9'he Attorney staCed that i.t i.s hi.s opini.on that the City can deny a bui.lcti.ng permi.t: for Tract A because it has not been approved by the City as the pLat was never f:i.led and the Ci.me li.mit Lor fil.ino tlie plat has expi.red. Mro Sckile[ty should be no[if.i.e<t if this is the City~swi.shes. Mrs. Scalze stated thaC if the p1aC has never been filed, she feels ttiat the matte.r i.s Uack to square one. The At:torney stated that under current code a plat must Ue fil.ed wichin 100 days of approval. The ~ttorney stated that the old ordinanc.e provided 60 days in wliich the plat must be filed. ^1r. Pahey stated that i_n other cases where the time ].i.mit. has lapse<1, the City has reapprovect t:he plat. Mr.. Current stated that the resi.dents of: Schletty Idoods ar.e not against iIr. Schletty's dividi.ng Outlot A, providi.np, it i.s done under the ord:i.nance so that the currenC property ocaners ar.e protected. Curr.ent pointed out T.hat no public hearings were held and no consi.der- ati.on was gi.ven oF t:he drai.nage of. the area. Curr.ent pointed out that the property is in a shoreland area and the plat has impact on tlte current property owners. Mrs, Timmons staCed Chat iL C9r. Schl.etty has to replaC the property, the pl.at would be handled properly with the L"VP. revi.ewing i.t anr.l shorel.and ordinances bein~; talcen into consi.cieration. Mrs. Scalze asked if the City can requi.re Mr, Schletty to repl.ar. the property. 'Che Attorney repiied that the Ci.ty can. Mr.s. Scalze commented that thin~s have chan~ed si.nce 1978 and this i.s why the City's ordi.nance has a time l.:i.mi.t [or f.i.li.ng plats, Scal.ze scated that she Fel.t: ,-tr. Schl.etty should Ue i.nf'ormed that he does no[ have 'f.racts A, B, C~ and D. Mr. Pahey stated that the City has approvect the plat and i.f: there is a good-Lai.th purchaser. involvecl, Chis wi.11 compl.icate matters. Page -12- NiINtJTES C;i.ty Counci.l. Jul.y 25, 1.484 Schletty [1r. Chl.ebeck reported Chat h1r. Schl.etty was in the olEice and he idoods (Cont.) was inf.ormed that any buil.di.ng P~rmit on t:he property would have Co be revi.e~ved by the PCA, Dr1R ancl perhaps the Ar.my Cor.ps of Lngi.neers. The Cl.erk reported that 44r, Schlet.ty i.s concerned about the taxes on the property. The Clerk i.ntormed Schletty that he could consider dedi.cating the proper.ty for water conservation and then the County woul.d revieco the tax status. 'Che Cter.lc stated Chat he beli.eves Tr.act A has not been sold< r4rs. Scalze introduced the Follo~o:i.ng resoluti.on and moved i.ts adopt.i.on: RESOLiJ'PiON N0. 84-7-332 - INST1t1JCTING 7'I~IE CITY ATTOR~EY 'CO SdKITE MR. SCI~ILF..'L7'Y AND ID1FOItM HIt~t ~ correc*i.on 'CHAT I'T IS TItF, CITY'S OPINION TIIAT OUTL07'-A- r.XISTS ~ Min.-8/8/84 W7TI{OUT TRACTS A, 13, C, AND ll SS 'L'H1Z ONLY Res. 84-8-_',47 LEGI'i'IMATE OUTLO'P IN BXSSTENCE AND ANYTHING DIPFFRiiNT MUST i3E REI?LATTED 'Che Loregoi.ny resolution was duly seconded by Mr. Pahey. Ayes (4) Scalze, Pahey, Nard~ini, E~brsberg. Nayes (0). Resolution decl.ar.ed adopted. This resol.uti.on appear, in Resolati.on T~oolc No. 17., Pa~e 350. A resident: oI Schletty Sdoods inf.ormed Che Counci.l that when he purchased hi.s property he was to be gi.ven an easement to the common property< Now P1r. Schletty wants to resubdi.vi.de t:he property and the resident feel.s that thi.s wi.l.l ePtect his land values. The resi.dent stated that he believes Mr. SchLetty should be required to comply ~oi.th the City's subdivi.si.on or.di.nance. iir. Current pointed out that the City has a moratorium on buildi.ng permi.ts F.or Schl.etcy Woods. Current i.ndi.cated that the residents of the area have no probl.em with a buil<ling per.mit being issued f:or Lot 1. Mr. Pahey introduced the f:ollocoi.ng r.esoluti.on anct moved iCS adopti.on: RESOLUTION N0. £3~v-7-333 - DECI.AItING A MORATORIUM ON -UILI~ING PI:RMI'CS ANll/OR FLLL, PBRMI'CS POR 90 DAyg OR UNTIL I'ZNAL UETERMINA'CLON :CS MADi3 73~' THE COUNCIL, LdFIiCflEVER IS EARLIFR, T~'OR OtITLOT A AS ORIGINALI,Y PLATTliD ON APRIL 12, 1979 The foregoing resolution was duLy seconded by Mrs. Scalze. Ayes (4) F'ahey, Scal.ze, Porsberg, t~ardi_n~i. Nayes (0). Resolution dec].ared adopted. Thi.s resolut:ion appears in Resolution .Aook No. 11, Page 351. Page -1.3- razvu~~r:s Ci.ty Council July 25, 198A I3unde Developrnent Request Agenda Item IVo. 13 Twi.n llome Lot Si.zes Agenda Item No. 1.4 InPormati.on in Council agendas on Che I3unde development request is for ~i.nformati.on purposes only. Mr.. Pahey pointed out that the Planning Commissi.on voted 4 to 3 to increase the 1oC siae for twin homes in R-2 disCri.cts to 12,500 square feet. Mrs. Nardini stated that she would li.lce to see the 1ot size go to 15,000 square f.eet. Mrs. Timmons reported that the reason for the controversy on this aC the Planni.ng Commi.ssi.on was that she [el.t that there should be a per. unit f:ootape requirement, 'f.he Planner responded Cl~at there i.s thi, alr.eady in the ordinance f.or multiples other. than duplexes. It was pointed out that this would be an ordinance amendment and, therefore, chan~es would have t:o be considered at a publ.i.c heari.ng. Mr. L'ahey i.ntroduced the following resolution and moved its adoption: R~SOLUTION N0. II4-7-334 - CALLING I~OR A PU23LIC IIEARING T.0 CFIANGE TI{E TWIN HOMki I:OT SIZP IN AN R-2 DISTRICT PROM 1.0,000 SQUAR~ T'~ET 'CO UP TO 1.5,000 SQtJARE I'I:ET Si.gn Ordi.nance A~;enda ICem ~70. 15 The for.ep,oi.ng resolution was duly seconded by Mr.s. Narcli.ni.. Ayes (4) Fahey, Nardini, Scalze, Porsber~;. Nayes (0). Resolution declar.ed adopted. This resolution appears in Resolution f~oolc DIO. 11, Page 352, Mrs. Nardini introduced the f.ollowi.n~; ordi.nance and moved it:s adopti.on: ORDSNANCE N0. 233 - AM]iNDING SFCfION 902.o1o.n OPFINITIONS OF TIIP: .7.ONING CODF. Or TF[A.. MUNICI?'AL CODP OP' TI~IL CITY OP' LI'C7'I,E CANADA The foregoing orcti.nance was duLy secondeci by P1re L'orsberg. Ayes (4) Nardi,ni, Forsuerg, Fahey, Scal.ze. Nayes (0)< Ordinance declared adoptede Page -14- P9LNU'PI?S City Council. .7ul.y 25, 19£34 Sign Ordinance (Cont.) Mr. Porsber.g i.ntroduced the Eollowin~; ordinance and moved its adoption: ORllINANCE N0. 23~s - AP9ENDING S~CTION 903.110 SIGNS OP Ttill's 70NING CODE OF 'Pl~IT MUNICIPAL CODP OL' 'Pll~ CITY OB LIT7'LP CANADA The f.ore~oing ordinance was duly seconded by Mr.s. Nardini.. Ayes (4) Forsb~r~, Nardini, Sca7.ze, S~ahey. Nayes (0). Ordinance declared adopCed. Land Fil.1. The Clerk asked if under the land Ei11 and escavating ordinance &};xcavati.ng submi.tted by the PLanner f:or consideration, it oras necessary to have a topo for a 350 f:oot circumfer.ance of a property. The Agenda Planner replied that the topo i.s only required f:or the property Item No. 16 i.tself:. Mr. Forsberg asked the En~;i.neer his feeli.ngs on the proposed ordinance. The Engi.neer replied that he feLt the need for a permi.t for 25 yards of fi11 was 1ow. 'Lhe En,n,ineer poi.nted out that pr.esently tlie Ci.ty requires a permit f.or 1.00 yar.ds of fill or more. The Pn~ineer. stated that the escavation £or a basement would be on the average 220 yards. hlr. Porsber~; sCated that the excavation di.rt f:rom t:he basement along with 10 loads oE dirt i.s a lot of Li11. Por.sberg commented that Che development of Yayne Avenue has caused run-off. onto the properties al.on~; Tdgerton. 1•1rs. ScaLze pointed out thar. the excavation Lrom a 5,000 square foot home would be a lot. of: fi11. Scalze stated that a fi11 permit should be required for. a basement of that size. The T:ngineer stated that sometimes 500 yards of. f.ill coi11 not cause a probLem and other times LO yards of fi1.1 ~oill. Mr.. Porsberg felC that over 25 yar.ds of: fi.11 wi11 change the drainage of a property. Porsberg sai.d t:hat the 25 yard fi,ure was arri.ved at so tltat two loads of f.ill. could be brought i.n wi.thout a permiC. Mrs. Dlardini pointed out thaC i.t i.s recomrnended tliat no charge be made f:or Che permit f.or. 25 to 75 yards of fill. The Planner stated t:hat the permit Lai11 just give the ofLi.ce staEf an opporturri.tyto review what i.s being done. Pahey stated that he had a problem wi.th the permi.ts having to be cleared by the Buildi_ng Inspector, Planner an<I rngineer. Pahey f.elt that Che Planner di.d not have to be :i.nvol.ved. Pors}>erg f:e1T. that ever.ythi.np, over 75 yarcts should be revi.ewecl by Che Engineer. Page -15- MINUTF;S Ci.t:y Cotmci.l July 25, 1984 Pilli_nn & Pahey stated that i.f the C:ity i.s experienci.ng a probl.em, he is willi.ng ]ixcava[i.on to try some[hi_ng dif£ erent. (Cont.) Mrs. Scalze asked who pr.esently i,sues the permits. The CiLy Clerk repl.i.ed that he c(id, C4r. i'ahey asl<ed what i.s done ~ahen the City d:iscovers an ille~;a1 fi.l.l~ing operation. The CLerlc replied that these are tur.ned over to the 13uildi.ng Inspector. Mrs, Nardi.ni. staCed Chat the C:ity h1s a problem i.n that there are some open-ended fill permits baclc as f.ar as 1977. 'Chese permits have no expirati.on date. Mrs. D7ardinS. stated that in putting together the ordi.nance i.t was feLt that the Citq Cleri< should talce the application and handl.e the fees and then the permit should be Lurned over to the Building Inspeccor.. The City Clertc fel.t t:hat there should be an adm:i.ni.strative char.~;e Eor permi.ts for 25 to 75 yards of fi.ll, The Clerlc also aslced who pays for eng,i,neering fees should the Engzneer become involved. The Planner. replied that thi.s was not covered in the ordi.nance. Council felC that these should be pass-throu~h charges to the appli.cant, and this should, be pr.ovided for i.n the ordinance. 14rs. Scalze pointed out that: the [ee Eor 7 5 to 250 yards of Li.ll was $250. Scalze aslced i.f all. the Eee is not used, if the bczlance would be refunded to the applicant. It ~vas Council feelin~ that. a 610 admi.nistrative charge ~Lus any other costs i.ncur.red by the City due r.o T.he applicati.on should be retained and the balance of the fee should be ref.unded to the appli.cant. It was poi.nCed ouC that this is C:ity policy for conditional use permi.ts. Mrs. Nardini also fel.t that a~].0 admi.nistrative Eee should be chargecl £or permits for 25 to 75 yards of fill. Mrs. Scalze also indicated that uncter //2 Technical. Reports the Planner and City Attorney should be removed. The attor.ney f.el.t that Section L501.050 should be stridcen Lrom the ordi.nance as it is too cosC].y and not necessary. P1rs. Nardi.ni fel.t that the AtCOrney should revieca the pro»osed ordi.nance atter i.t i.s updated by the Planner. The clerlc askecl ltow the Lee for the bond would Ue set< Nlr, Pa1~ey poinCed otrt that the ordin:ince i.ndicates that the counci.l wi11 set the bon<i, but that a bond should not be required in routine cases. Page -16- rrr.~u'rt,s c; r.y c~t,,,~~.~. .Tul.y 25, 1.984 I'i.ll.i.nn c4: `I'he Ci.ty Clerlc state<t that a~;ood example of' where a bond is needed Excavat.i.on ~i.s to ensure thaC the contractor c7.eans the street after constructi.on. (Cont.) P9rs. Nardini. poi.nted out that the proposed ordi.nance cal.ls for a$100 Lee i.E a Lil.l.:ing project is star[ed wiehout a permit. Y4LS.Scalze suggested Chat when this orcli.nance is adopted, the ci.ti.zens be advised oL i.CS exi.stence wi.Ch a noti.ce i.n the sswer bills. P1r.. }~ahey suggesCed that the most si.gni.ficant change.s Chat the Council has made i.n Code should also be sent out in tite secoer bil.l.s. Mr. Chlebeck stated t_hat ~vit6 the adoption of. the ordi.nance, he wi.l.l notif.y those people w:i.th open-ended fi_7.1 per~ni.ts thaC Che permi.Y.s have no~o ].apsed and they must reapp7.y• The Attorney suggested t1iaC there be a provision i.n t~~e or.dinance that exi.st~ing permi.CS ~oi.l.7. terminate ~+~ithin so many days. Mrs. Nardi.ni Fe1t Chat Che permits should Cer.mi.nate within 30 days ot adopCi.on. Mr. Fahey su~;gest:ed that. cvnder 040 the Attorney and Planner be cle7.eCed. P4rs. Scal.ze sugges~ed that Attorney be deletec! f:rom 050. 7'he Clerlc stated that these sections should re£er to the l3ui.lding Inspector.. 'Che Clerlc commented that anythi.ng deal.i.nf; with money sFioultl refer Co the Ci.Cy Clerl.c and thF r.est to khe Build9.ng Inspector. Mr. Pahey su~gested that unc9er O50 the permi.ts should come to the Counci.l. for revieta. Counci.l suggeste<t that the proposect ordi.nance be reFerr.ed to tlie Planner to puC 1.n proPer f.orm and then reviecoed by the CiCy ACtorney. Assessment 'Che F:ngineer reported Chat the assessment reapport.i_onmenC for Div:i.si.on ReapPorti.onment No.O5fl705 i.s routi.ne. Di.v. ~o. 058706 "Irs. Nardini i.ntroduced the f.'ollow.i.ng resolution and moved its adoption: Agenda RESOLU'f.ION N0. £34-7-335 - APPROVING 'CI~V Item No. 22 ASS~SSMEN't' RPAP7?OI.iTIODITQENT T'OR DIVISTON N0. 058706, D/P 0070, AUD. 1229, AND D/P 0073, AUD. 1303 'Che f.or.egoing resolution was duly seconded by C4r. Porsberp,. Ayes (~~) Dlardi.ni., fbrsberg, I'ahey~ Scalr.e. Dlayes (0). 12esol.ution declar~d adopted. 'Phis resoluCion appears i.n Resolution I3ook No. I.1, Page 353. Page -17- NfINU'CPS <;ity Cotanci.l. Suly 25, 1.9£~4 t'~i.nal Payment The City Tngi.neer recommended that f.inal payment be made t:o Houle iloul.e Construction and that i.mprovements No. £~3-l, 4, 7, £3 and 9 be accepted by the C~ity. Agenda Item No. 23 P1rs. Nardin~i introduced Che foll.owing resoluti.on and moved its adopt.:i.onc RESOLtJTION N0. 84-7-336 - AP'RROVING THE FIDiAL, PAYMI~;NT TO I~tOULr CO\STRUCCION AND ACCEP'CING IMPROVEMEN7'S N0. 83-]., 4, 7, 8 t1NU 9 I~ASGD OP] T[I~ P.ECOMP4I;NDA7'ION OP' ?'tiE CITY };NGINEER The fore~oi.ng resoluti.on was dul.y seconcled by Mr. Pahey. Ayes (4) Nardini, Pahey, Scalre, Forsberg, Nayes (0). RrsoJ.ution declared adopted. 7'his resoLuti.on ~ppear.s i.n P.esolution I3ook iVo. 11, Page 354, Street Pavin~; The Engineer reported that he toolc tests on Jessica Court and three Jessi.ca Coar.t of four tests fai.Led, Agenda Ptr. Forsber~ questi.onec.t that the tests woutcl pass by ~;oi.n~; chrough Icem No. 24 a season. The En~;i.neer staT.ed that there i.s too much wziter in the ~;round right now. Mr. Carley Eelr. that if the street was allowed to p,o through a winter it wo~il.d dry out. Mr. Carley stated that he has had experience i.n thi.s be£ore. Carley also stated that it tias been City pol.i.cy to never b1ac1<top a streei: Lohere sewer and ~aater were just put in and this i.s the case in Jessi.ca Court, Mr. F~hey pointed out thaC in Che Png:Lneer's letter he is recommendin; thar. the street be biaclctopped next year, but that buildinG be allowed thi.s year< The I:ngineer stated that this has been Ci.ty policy and Che i.ntent; of the ordi.nance is that the street be at least ~;raded. T11e Engineer statect tliat thi.s is common practice in other cities and Che only one he knows that r.equises the blaclctoppi.ng be ctone is Plaplewood. Mr. Porsberg stated that the ri.r.e Department i.s concerned about buildi.n~ on unpaved streets, P'orsberg commented that i.f the Ci.ty allows homes to Ue Uuil.t on this gravel. road, pr.etty soon the. homeoconers ~vi.ll be complaining to the Ci.ty about it. Porsberg was al.so concer.ned about snowplowing on a~;ravel. road. P4r. Forsber.g suggest:ed that Che Ci.ty requi.rc tcoo inches of bl.acktop right now and tkie final layer coulcl be i.nstal.led next Spring, 7'}te I;ngi.neer. stated Chat he want:s to go on record tltat the tests on Jessica Court d~i.d not pass. Page -lf~- MINUTES Ci.ty Counci.l. July 2''i~ 19H4 Jessi.ca Court Mrs< Nardini stated t:hat she f.eels the Counci.l. shoulci not seconcl-t;uess (Cont.) i.ts I:ngineer. Mr. Pahey aslced aUout Schrier.'s development. The rngineer reported Chat the resi.dential. st:reet was pavcd in Schrier's development: and he has written a Letter to Schri.er i.nformi.ng hi.m that the Ci.ty will. not accept the street tm[il 12 months l~ave passed. 7'he Fn~;ineer renorted Chat Schr.i.er had tests talcen and t.he majorit:y of them passed. P'i.ll Permi.t Mr. Earl. Rrown appeared bef.ore the Council requesCi.ng a fi.ll. permit [or Schletty [doocls I.,ot 1, f2loclc l o£ Schletty Woods. Lol l, Sl.oclc 1 The Ci.ty Eng~i.neer recommended approval of the permi.t. A~;enda ICem No. 24 hir. 1?ahey introduced the followi_ng resolution and moved i.ts adopCi.on: RESOLU'PION N0. 8/~-7-337 - 9PPROVING 'PHF I.AND FILL PL~'RT1I'I' POK LOT l., BLOCK 1, iCHLPT'LY WOODS IIASi?D ON TI-IP R7:COM!~r;NDATIONS OP TI~IIs CITY ENGINF.EI2 The foregoing resolution was dul.y seconded by r1rs. Nard:i.ni.. Ayes (4) Fahey, Nardini., Scal.ze, Forsberg, N~xyes (0). Resolution decl.ared adopte<1. 'Phis resol.uti.on appears in Itesol.uti.on I~oolc No. 11, Pa~e 355. S4r.. Firocon was inEormed that his permi.t wi.l.l also need approval. £rom the DNR and Watershed. Mr. Fahey stated that before the City w:il.l. issue a bui.ldi.ng permi.t i.t w9.l.l need a letter of approval f.rom the Watershed and/or DNF2. Jess:i.ca Court Mr. rahey expressed concern over Che inconsi.stent t:reatment of. (Cont.) Mr. L'r.attal.one's devel.opment and Mr.. Schri_er's. The Fngineer stated Chat t:hi.s i.s one of t.he problems of. a pri.vate developer putti.np., i.n a road. P:tr. Pahey stated that he ~vas not comfortable with houses ooi.ng :in wi.thout a st:reet. Mr. Pahey aslced i.f. a f.ise truc(c could ~;et down the st:reet. The Engineer stat:ed Chat he beli.eved i_t could. ~1rs, rlard;_ni. suf;gest=ed tkiaC bui lding permits bc wiChYiel<i unti.l the road is in. 'Che En~;i.ne~r stated that then the City shoul<1 change its policy. Mr. L'ahc:y asl:ed what the City has done i.n the past when i.t put the st:reet. i.n. The T:n~;i.neer repli.ed that i.n the case of Payne Avenue, houses went in betore the street. Pa~e -19- ~1:[NU'Ci;S CiCy Counci.l Ju1y 25, 1984 Sessica Mr.s. Scalze suggested that the Uase coat of bl.aclctop be requirect. Court (Cont.) The FnYineer sug~;est:ed that an inch to an inch an<I a halt could be required. Mr. I^'ahey commented tkiat i.f the road wi.11 support a fire tr.udc, wkiat is the problem, tQr. Pal:~ey aslced about t:he .5'chri.er development. 'I'he Engi.neer stated that ~ai.th Schri.er the sewer and water ~vere put i.n i.n November. The Pngineer stated that the City would tal<e tests on Scl~rier's st:reet. Mr. P'orsberg aslced i.f: Schrier's street was the proper ori.dt_h as i.t loolced narr.oo~ to hi.m, The Fnp,ineer repl.i.ed that he bel.i.cved i.t was, but would chedc this. Mr. Forsberg stated that he objects to ttie Ci.ty's past policy of. allowi.ng buLld:ing before the street is naved. T(rs, Nardi.ni i.ntroduced the followi.ng resolution and moved its adoption: RF,SOLUTION NOe 84-7-338 - DP:,CLARINC 'fHA'C 'CHP' CI.TY WZLL LII'T 'THP MORATORIIJM ON BllILDING k'ERMI7'S 1~OR .JESSICA LANE PROVIDPD TAA'C A D1:CDI~.CMUM OF ON7i, INCI-I Or IILACKTQP B~ P11T IN PI,ACF The foregoin~ resoluti.on was duly seconded by i,tr. Por.sberg. Ayes (4) Nardi.ni., Forsberg, Pahey, Scalze. Nayes (0). Resolution declared adopted. 'Lhis resol.ution appears in }2esoluti.on }3oolc No. ll., Page 356. Mr. Porsberg r.epor.ted that Mr. Prattalone shoul.d be informed that: tests «ill be requ:ired i.n the Spri.ng and the Li.nal mat i.n place before the Ci.ty wi11 accept. Spruce Street Mr. Porsbero reporCed Chat P~e feel.s the City should require concrete curbs on Spruce Street. Also the speciEications for the street: Agenda should be draw up }>y the C:it:y Enp,ineer. Addition ~tr. I'orsber.g also commented t(~at the str.eet o~i11 go to the end of Art Ryan's property 1ine. P4r. Fahey i.nt:roduced the foll.owing resoluti.on and movecl iCS adoption: R~SOI.~UT7.ON N0. 84-7-339 - ZNS'1'RUC`CING T'HE CITY f;NG7NEF,R TO WRITI; A LP'f.TER TO MR. PRANI< FRA'f'CALONF O117'I,2NING 7'I~IT SPFCIPICATIONS 7'OR A 9-'POV ROAD POR SPKIJCT; STREFT 61ST1t THOSE SPT'CTPICATIONS TO 7NCLUDP DRIV(S-OVP;R CONCRFTI~, CiJRI3S page -?_0- Mznu~rrs Ci.ty Counc:i.l Ju7.y 25, 1984 Spruce Street The Foregoi.ng resol.ut.i.on was dul.y seconded by P1rs. (Cont.) Ayes (4~) L'ahey, Sc~lze, Nardi.ni, Forsber~. Nayes (0). tiesoluti.on decl2r.ed adopted. 7'his resol.uti.on appears i.n ResoluCion 13ook No. 1.7., Scalzr. Yage 357. I3u:i7.di.n~; i1r.. I'red I2usch has requestec! that a buildi-ng permit he purchased ]?ermit Ref.und in 1.979, but never used, Ue ref:unded. The "ftui.7.ding Inspector recommended Chat thr permit Ue refundec( with *_he excepti.on of the e\~enda building permi.t f.ee and SCaCe surcharge. [tem No. 28 Mr. Porsber.g introduced the f.ollowing r.esolution an<t moveci i.ts adoption: RFSOLUTION N0. 84-7-340 - R1iI'UNDING TO h1R. PRI,D RUSCI~I $1,560 FOR A.i3UILDING ~P~RMIT flE APPLIFD POR TN 1.979, BLIT ~P9ER USIiD The Foregoinp, resoluti.on was duLy seconded by Mrs. Scalze. Ayes (Q) Forsbern, Scalze, ~ar.di.ni., Porsberg. Nayes (0). Resoluti.on declarecl adopted. Thi.s resol.uCi.on appears i_n f2esoluti.on Iloolc No. 11, Page 358. Phal.en ?4rs. Nardini asked the Attor.ney :i.f he researck~ed tlze Phalen Overflow Overfl.ow si.tuation as regards th e dumping o£ sewa~;e into Gervais and the di.tch system. Agencla Addi.Ci.on It was det.erm ined that the CiCy Clerlc should write to Met:ro bdaste requesting a refund i_n overf.l.ow cliarges due to Chi.s dumping. Storm ~dater Ntrs. Diardi_ni. reported that the Ramsey Flatershed llistr~i.ct Storm Water P~~.~nagement ManagemenC t~ave devel.oped plans Eor the fuCUre in i.n 1.985 the Lalce Ger.vai.s and I,alce Vldnais overflow o~il.l be lookect at. Little C,anacla A~;enda wi11 be charged a proporci.on of the cost, of this, Ad<ti.t i on Mrs. Nardini. reported Chat the City Engtneer k~as maps showing the drai.na~;e system ot Che chain of: l.alces in the area. Nar.dini. suggested that there are other ci.ti.es that should Ue involved i.n overEl.oca charges thac are not. Mr. Pahey i.ntroduced the followi.ng r.esoluti.on ancl moved :its c~dopti.on: RPSOLtJ'Ti0D1 N0. 84-7-341. - INS7'KIICTING THE CI'1'Y CLEI.2K 'PO WRITE THT' RAMSPY/GIASHI~iGTO~ AY~'l'RO WATGRSHI:ll DIS'C12ICT RL,GARDNG 7'I~IPIR 1~1ANAGEyPN'L PLAN F~Dt4IDIIST'RA7'IVE Paae -?_1- MINU'CFS Ci.ty Counci.l July 25, 19f34 Stor.m Flater STUDY AND CAPI'CAL ~IMPROV~MEN'P PROGRAM ADVI.S:[NC Management THEM WE $P:,LTEVT Tt~II,Ri, SHOULD 13E 0"CHI?,R GOMMUNI"Cl1',S (Cont. ) TNVOLVEU IN THE OVF.P,P'I.OW SYSTrM AND '1'F~IE STIJDY 'f.l[T~,Y ARE ,PROPOSINC REGABDING 'CI~LE VADNAIS LAICP OVERPLOW INCLUDTNG THE CITIIiS Oi' SHOREVI7'sG? AND ROSI.VILLE, WHICI~t TFI}; CIT'Y I~EI'sI,S ARI: OONTRIISiJTZNG 'CO TMP ovrtzrt,ow 'Phe foregoinp resolution oras duly seconded by i(rs. Scalze. Ayes (4) P'ahey, Sca1~e, Nardini, Forsberg. Nayes (0). Resoluti.on declared adopted. This resol.ution appears in Resolution Iioolc No. ].1, Page 359. Mrs. Plardini suggested tkiat the Ciry also 7.oolc at the 'Phund~r I~ay Additi.on drainage i.n connecr_i.on i~ri.th this Wat:ershed Stucty. Mr. Fahey suggested that Che ~ngi.ne.er contact the Watershed in regarct to Di.tch 7 so that the City's ~1.etns are consistent with Chei.r's. Mrs. Nardi.ni reported th~C there is another meeting scheduled i.n .Tul.y to di>cuss [hese plans> Nard:ini suggested that the City I;ngineer attend thi.s meet:i.ng. Yarlc Commission ili.nutes hirs. Scalze poi.nted out [hat the Plannin~; Commi.ssion has requestecl that copi.es of the Par?c Commission's mi.nutes be sent to tllem. Agenda The Ci.ty Clerk rep7.ied that he w:i11 do this. Item No< 30 ~ Ba1lfi.elds Mr. Pahey reporcect that the City Attorney has ~r.epared an option & Option aflreement wi.th t~ao al.ternatlves for paymer~t: £or the Ke11.y property Agreement on Centervi7.le Road. Ap,enda ~1rs. Scalze reported chat the Par.lc Commissi.on kias submi.tted a grant Item No. 31 application f:or f:undi.ng f.or Ual.l. fiel.ds. ScaLze reported that tkie appl.ication *ai_11 be looked at more favorably if the Ci.ty has an opti.on on some property. Nlr. Pahey reported that the property consist:s of 16.2 acres i.ncl.udi.ng the Auge home and zibout. 1.60 Feet of ri.ght-of-caay on Centervi.ll.e Road. Thi.s property i.s bein~; cons:i.dered for f:'uture athletic fields for the City. The opti.on would r.un throuFh March of. 1985 and this w:i11 ~;i.ve the City the opportunity to explore a grant, ref.erendum, or. potenti.al. f.or sale of a nortion ot the property to pay for the remainde.r. PaYe -22- KINIJ'C[?fi Ci.ty Counci.l. Suly Z5, 1984 P>al.l.fietds T4r. ~~ahey recommended that: Che City enter into the opti.on apreement (ConT..) to f;i.ve t:Yie City the opportuni.ty to study the subject. Mr. T'orsberg staCed t:hat he caill not supporC the option. Mrs. Nardini. pointed out that this i.s just an option at Chi., poi.nt. Pakiey agr.eed t.hat Che opti.on does noC bind the City to purchase the property, but gives the Ci.ty the option to study the matCer [urther.. Mrs. Scal-r.e stated that iS ~he City does not get the grant money to purchase the proper.t:y, the ci.ti.zens o.f: Litt.le Canada sai.ll Ue payin; E~or these grants in other. ci.t.i.es. Mrs. Nardi.ni. aslced :i.f the City can apply for a grant to develop the property. Mrs. Scalze r.eplied Chat: thi.s is a possibi.l~ity. S4r. rorsberP staCed thaC he was not :i.n favor of. additional ball Eiel.ds as Chey serve a J.i.mi.ted few. rlrs. ScaLze stated that there can Ue other things done with the properCq r.ather Chan jusC bal.l fieldse Mrs. Narcti.ni. staCed that there rnay Ue another hi.gh school closin~; i.n the area and thi.s woul.d mean a greaCer need for athl.etic fields. Mr. ForsberII did noC f.ee1. that the CiT.y should tal.ce inclustri.al property of:f the T.ax ro11s. T4rs< Sc11.ze pointed out that the property has been used f.or farming. Mr. Porsberg stated Chat ~i.f t:he matter went to a referendum and Che people supporCed it, then he woul.d too. However~ PorsUer~; did not feel that the people Z~ranCed Chese things. Porsber~ stated that he i.s not convinced Chat: the City wil.l not Ue aUle to Uuy Spooner. Parlc. Mr.. 1?ahc~y po:inted out ChaC Che on7.y fiel.d the City has is Gilbertson Pield. Pahey recommended Chat the option be enter.ed i.nto so that the City Cot.mcil. can study the si-LUat:ion. Mr. rahey introduced the f.ollowi.ng r.eso].uCion and moved its adopti.on: L2~SOLUTIODi N0. 84-7-342 - Af7PROVING TllT OPTION AGRB}3MLNT UIITFI 'LSdO AI,TERNA7'IV~S AS SUF3MITT~D 'PO 'L'FIE COUNCIL, BX PH]'s CI'TY A`L'TORDIPY 1~OR TI~IE Pl1RC1~lASG OP THi; I<ELLY S?ROPERTX I'OR PUTURE RPCRPATIONAL USE IN 'P}IC CI'I'v r,,7tL11 THC UNDPf2STANUING 'Ct1AT TFSE C:(.'CY GLCLL CONTTD1t1E TO STIIDY 'PI-U's ISSIJI AND i•7II,L ~UR9UP GRANT P40NIL'S TOR T11E: YI20PF„R'PY 9ND AlJTt1012T'l,SNG TH[; ISSUANCE OF A CIi,EC?C IN THP ~MOUNT OP {C7.00 FOR TI~IE OPTION 'Che f.oregoing resolution ~aas duly seconded by Mrs. Scal.ze. Page -23- P1TNlJTES Citq Council .TLlly ~J~ L~B~4 Ilallfields ~yes (3) P'ahey, Scalze, ~ardi.ni. (Cont.) Nayes (].) Forsbe~rg. Resoluti.on declared adopted. 'I'hi.s resol.uti.on appears in Resolution lloolc No. 11, Pa~e 360. Mrs. Scalze stated that she was not. i.n f:avor of: spendi.np tax dollars on the prflper.ty when Che Ci.ty has the paric d~dicat:ion fund it can use, Scalze did say that she ~vas not :in favor., hocaever~ of depleti.n~; Che ftmd. The Clerlc stated that he would checlc i.f a revenue. bond couLd be used for. the purchase of. this proper[y. Approvi.ng Mr. Fahey i.ntroduc.ed the Lollow:ing resoluCi_on and moved its adoption: Vouchers RESOLU'['ION AIO, 84-7-343 - Al?PROVING TIIP: Agencla VOUCHf'sRS Item No. 34 The foregoin; resol.uti.on was cluly secorided by Mr. Porsberg. Ayes (~v) Fahey, Porsber.~, Nardini., Scalze. Nayes (0). Resol.uti.on declared ldopted. Th:i.s resotuti.on appears i.n Resoluti.on Iloolc No. 11, Page 361. Auctit The City Au<titor recommended i.n hi.s 1983 audi.t report Chat some Adjustments audit: adjustments be made. These ttppear i.n Counci.l agendas on pap,e 92. A~enda Ttem No. 32 Mrs. ~ardini introduced the Eo1l.owi.ng resoluti.on and cnoved i.ts adopti.on: RESOLiJTION N0. F34-7-344 - APPROVING THF AUDIT ADJIJSTMENTS CON"CAINED IN THP 1983 AUDI'P REI'ORT The foregoi.ng resol.ution was duly seconded by NIr.. Pahey. Ayes (4) Nardini., Fahey, For.sberg, icalze. Nayes (0). Resol.ution decl.ar.ed adopted. 'Chi.s resoluti.on appears i.n ResoluCion Floolc No. 11, Pages 362 and 363. Nianes Mr. I~ahey i.ntroduced the folLosoing resoluCion and moved its adopti.on: Property Division ItESOL(JTION N0. H4-7-345 - APPROVING THE LO'f. Sl?L:C7,' RZOUSS'PEU BY PQR. MANES WITP THE IJNDPRS7'ANDING Agenda Item No. 6 Page -24- MIVU7'ES Ci.ty Cotmcil .TUL}' Z~)~ 1984 Manes THAT TI~IE CITY'S APPROVAL TN NO WAY REI~L~CTS Property APPI,20VAL Oi.~ I`I~tE PROPOSSD I'UTURti 5U;BDIVSSIO~ llivision SUBMI'CTED (Cont.) The Lore~oing reso7.uCi.on was dul.y seconde<i by ~1r. Porsberg. Ayes (G) Lahey, I~orsber~;, Nar<lini, Scalze. Alayes (0). Resoluti.on declared adopted. 'ihi.s resolution appears i.n Resoluti.on t3oolc No. 11, Page 36~s. Prattalone The AtCOrney r.eported t:hat he has written a letCer to P4yers Filing L'rattal.one on t11e fill.inp of his property, but has not receivect a reply to date. Agenda ICem No. 19 R& S 'Che Attorney r.eported that the Ci.ty does not have an easement over the R& S property. The Attorncy asked if.~ the Ci.t:y ~oould lilce hi.m A~;encla to pursue an easement. Item No. 20 Mrs. Scal.ze stated t:haC the C~.i.ty sliould get an easement over the middle o£ the property and indi.cated thaY, there i.s room for one. t9r. I'ahey stated that th:i.s should be requised as part of- the concliCional. use permit. ~' -8ea~pe-tKd~teaEe~!-tke~~--3-€-}~-~~-~,s~t-s~t-o--cosnt~i-rie--~~ncio-l.~.t.1~»~.-t_.l.ia- ~' correction -£itq-~vi~i~-noe-necd-x-rea~k-~ase,nettt f-c~:T-t-1~-or3e--ptrr-ee.l-.wi-3-]-.~oE-be-- Min.-8-8-84 _~aa~t--~eske~l~- Res.-84-8-34'7 Pahe~-+t~~Fe~~nec~-tke-AE~e~~tey~-t-c~-r~~i-€y-~~4,. S--t-o--e-ix-t~x--coa+ku-~~o--t.~ct-- .parce~s-e~-g~aaE-El~e-G~-~~-a-~o-ack-e:.i-sc~mc~t - Preferred Mrs. Nardini reported that Pref:erred Sl~eetmetal wants to bui.lct a Sheetmetal Uui.lding and the buildi.ng must Ue sprintcler.ed. They wi.11 ltave to , bring water in from Rice Street in order to do this. The Ln~i.neer Ap,enc.la reported tliat Che watermai.n i.s about 1,000 f.eet away, Addition Clausen Mrs. Nardini aslced i.F Council members recei.ved a copy of a].etter Letter f:rom Sharon Clausen. *1rs. Scalze commented that the Ci.ty does not _ need any additional employees at thi.s time. Ag~nda Additi.on Pac;e -7_5- r~zNU~rrs cticy co~„~~~. Jul.y 25, 19£34 Adjourn Ptr. Tahey introduced the Loll.oori.na resol.t.ition and moved its adopti.on: Agenda RI?SOLtJTTON N0. F34--7-346 - t1UJ0llRNSNG Icem No< 35 The for.egoi.ng resolution was cluly seconded by P1r. Porsberg. Ayes (4) 1?ahey, Forsber;, Nzrdini, Scalze. ~ayes (0). 13esoluti.on decLared a<IopY.ed. 'Chis resoluti.on appears in Resolution 13ook No. ll., Page 365. There bei.ng no further business, the meeCing was acljour.ned at ll:~t4 P.M. Respectfullq submitted, 9 ,~ '~/ / ( /~~/ i/ ~ /~i ~ ~i ~~ ( t!~i r~ ,/ i~~ '.,.,~ v'.rl~_..-~' Kat~~leen Gl~nzer ~ ~`~~ Recor.di.ng Secretary ]?age -26-