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HomeMy WebLinkAbout08-27-86 Council MinutesMINUTES OF TNE REGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA August 27, 1986 Pursuant to due call and notice thereof a regular meeting of the Council of the City of Little Canada, P1 9nnesota w as held on the 27th day of August, 1986 in the Council Chambers of the City Center located at 515 Little Canada Roa d in said City. Agenda Mayor Michael Fahey chaired the meeting and calle d it to order at Item No. 1 7:30 P.M. and the following members of the Counci l were present at roll call: Agenda MEMBERS PRESENT: Mayor Mr. Michael Fahey Item No. 2 Councilman Mr. William Blesener Councilman Mr. Rick Collova Councilwoman Ms. Mugs Nardini Councilwoman Mrs. Beverly Scalze ALSO PRESENT: City Clerk Mr. Joseph Chlebeck Consulting Engineer Mr. Donald Carley City Planner Mr. Steve Grittman City Attorney f4r. Thomas Sweeney Recording Secretary Mrs. Kathleen 6lanzer Bingo Phil Saari and Ray Masman, representing the Little Canada Charitable Bingo Hall, appeared before the Council and invited them to the Agenda Bingo Hall Grand Opening and Ribbon Cutting Ceremony on September 1. Addition Minutes P1r. Blesener introduced the following resolution and moved its adoption: Agenda RESOLUTION N0. 86-8-367 - APPROVING THE Item Plo. 3 MINUTES OF THE AUGUST 13, 1986 REGULAR COUNCIL MEETING The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Blesener, Scalze, Nardini, Fahey, Collova. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 15, Page 429. Pipelines Mayor Fahey read two letters which he plans to send regarding pipelines in the City of Little Canada. The first letter is to the City's Agenda State and Federal legislators. The second letter is to Amoco Oil Addition and NSP regarding their pipelines through the City. Revenue Mayor Fahey opened the Public Hearing regarding the proposed uses Sharing for General Revenue Sharing monies the City is to receive in 1987 Funds estimated in the amount of $46,000. Page -1- MINUTES City Council August 27, 1986 Revenue There was no one present wishing to comment on the use of the City's Sharing Revenue Sharing monies. Funds Mr. Blesener introduced the following resolution and moved its adoption: Agenda Item No. 4 RESOLUTION N0. 86-8-368 - CLOSING THE PUBLIC HEARING ON TNE CITY'S USE OF REVENUE SHARING MONIES The foregoing resolution was duly seconded by Ms. Nardini. Ayes (5) Blesener, Nardini, Fahey, Collova, Scalze. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 15, Page 430. It was the recommendation of the City Clerk that revenue sharing monies for 1987 be used for public safety and police protection. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION N0. 86-8-369 - ALLOCATING THE CITY S REVENUE SHARING ALLOCATION IN THE AMOUNT OF $46,000 TO PUBLIC SAFETY AND POLICE PROTECTION The foregoing resolution was duly seconded by P1rs. Scalze. Ayes (5) Blesener, Scalze, Collova, Fahey, Nardini. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 15, Page 430. Text Mayor Fahey opened the public hearing to consider a text amendment Amendment providing for a conditional use permit for a landscape maintenance Landscape business within a B-3 area. Businesses Fahey pointed out that the City Planner has recommended against Agenda the proposed text amendment. However, the Planning Commission Item No. 5 voted to approve the text amendment to allow landscape businesses in B-3 areas and to grant a conditional use permit for Prescription Landscape and Anderson Lawn Service to operate on the Frank Frattalone property. Fahey reported that he has received owners within a one block radius of the text amendment and the granting Prescription Landscape and Anderson sited several City Codes as a basis read these to the Council. a petition signed by 25 property the Frattalone property opposing of conditional use permits to Lawn Service. The petition for the petition, and Mr. Fahey Page -2- P~INUTES City Council August 27, 1986 Text Fahey pointed out that at the Planning Commission meeting there Amendment was extensive public discussion on this matter, and the Council Landscape has read the minutes of the Planning Commission meeting and is Businesses aware of the feelings of the parties involved. (Cont.) Frank Frattalone, owner of 102 West County Road C, appeared before the Council and reported that he is trying to find a use for his building. Frattalone pointed out that the building is of heavy- duty construction. Frattalone also pointed out that the non-conforming businesses, with the exception of the two landscape businesses, will be vacating the premises on September 1, 1986. However, Frattalone would like approval so that Prescription Landscape and Anderson Lawn Service could remain tenants. Frattalone reported that these two landscape businesses' equipment consist of lawnmowers and pick-up trucks. All equipment would be stored inside and there would be no outdoor storage. These two businesses also claim not to do landscaping work, but rather lawn maintenance work. Frattalone presented a site plan to the Council and reported that he is willing to do additional improvements to the property if the Council desires. Frattalone stated that he is willing to fence, pave, or close off access to Park Street if the Council desires. Frattalone reported that when he originally bought the property, Park Street was not all the way through and was only a 3-ton street. At that time he did not use Park Street. However, when the street was put through and upgraded to 9-ton, he began to use it and pointed out that he was assessed at the commercial rate for these improvements. Frattalone pointed out that his business was located at 102 West County Road C prior to the residences being built on Park Street. Fahey indicated that he felt it would be a bad move to approve the text amendment. Fahey felt that the City should work with Mr. Frattalone as far as tax increment financing or industrial revenue bonds to improve the property. Fahey agreed that Mr. Frattalone's paying assessments for Park Street allows him the use of that road, but that the building should be used in a manner compatible with the zoning. Fahey pointed out that if the text amendment were approved, it would apply to every B-3 zone in the City. The City would be hard-pressed to deny similar conditional use permits in other B-3 zones in the City. Fahey stated that when Mr. Frattalone bought the property, he was aware of the zoning. Page -3- MINUTES City Council August 27, 1986 Text Fahey felt that the best way to police the property would be to Amendment enforce the zoning. Landscape Businesses Mrs. Scalze indicated that she felt the Council erred in giving (Cont.) the landscape businesses an October 1 deadline to vacate the premises and felt that the Council should extend this deadline. Fahey agreed. Nardini indicated that these businesses have been on the premises since the Spring of 1985 and they have been unlicensed. Nardini pointed out that at the Planning Commission one of the businesses indicated that they could relocate to another facility by October 1. Prescription Landscape indicated that this was true at that time, but he would have had to act on the location the next day and did not know if the location was still available. Mr. Blesener indicated that he went to the site and looked at the area about 5:30 this evening. Both businesses were locked up and closed for the day. All equipment was inside the building and there was nothing left out. Blesener reported that Mr. Anderson showed him their facilities and they have about 8 pick-up trucks, lawnmowers and fertilizers. Blesener reported that it was his feeling that these two businesses would do well in this location and building. Blesener felt that these two businesses would be considerably less disruptive to the neighborhood than some of the permitted uses under B-3 such as go-cart track, semi-truck parking, gas station, car wash, public garage, motor vehicle sales lot, etc. Blesener stated that he will not vote to keep these two businesses out. Collova agreed that the businesses were good ones for this building and location. Collova pointed out the County Road C access as well as the fact that the only equipment are things that anyone would have at a single-family home. Collova did not feel that retail would come in on this site and felt that there was nothing better for the property than these two businesses. Prescription Landscape indicated the property until the Spring of indicated. that they did not begin renting 1986 contrary to what Ms. Nardini Prescription also indicated that during the winter they would only be storing equipment on the property and pointed out that their space is unheated. Trucks are taken home by employees during the winter months. Page -4- MINUTES City Council August 27, 1986 Text Blesener felt that neither business was much more than a mini- Amendment storage, which is a permitted use in a B-3 zone. ~andscape 6usinesses Fahey pointed out that the neighbors are not persuaded that the (Cont.) businesses will not impact on their property values. Fahey pointed out the bad track record of the property. Blesener felt that ordinances could not be written to include every business that would be allowable. Blesener felt that the Council should be flexible enough to review each case on its merit. Collova pointed out that these businesses have a low profile and the neighbors' arguments have been with the more industrial and commercial businesses that have been on the premises. Blesener suggested that the eviction notice be extended for 60 days to give the neighbors an opportunity to see the type of traffic that is generated by these businesses. Fahey pointed out the vocal opposition by the neighbors. Fahey did not feel it would be fair to Frattalone to make the improvements to the property and then have the Council not approve the text amendment in 60 days. Frattalone pointed out that at the Planning Commission meeting there was a resident of the area that stated that he did not have a problem with the landscape businesses. Frattalone indicated that there has been mainly one neighbor complaining. Scalze pointed out that there will be additional homes on Park Street in the future. Scalze pointed out that when Anderson Lawn Service came in for a permit, the Planner stated that the business was permited in this location. Scalze pointed out that Mr. Anderson was aware of what the Code stated. Scalze stated that she had a problem with the City's changing the Code for a business owner the City is familiar with and felt that this would not be done for a new business owner. Scalze also stated that she had a problem with changing the Code as she felt there would be no way the City would allow a similar type business next to the Marketplace which is another B-3 zone in the City. Mrs. Scalze indicated that she called the Anderson Lawn Service and it was indicated to her that they do landscaping. Mr. Anderson disagreed with that statement. Mr. Blesener read the list of services provided By Anderson Lawn Service, which are listed on their business card. The card indicated that shrub replacement was done, and Blesener did not consider this to be landscaping. Page -5- MINUTES City Council August 27, 1986 Text Mr. Gene DeLonais reported that he drove through the area on Amendment a Sunday morning and the noise was coming from the repair shop Landscape that will be vacating the premises September 1. The landscape Businesses businesses were closed. (Cont.) DeLonais also pointed out that most of the businesses in Little Canada ar e not owned by Little Cana da residents. Prescription reported that 4 or 5 years ago his business did do landscaping, but has evolved into a lawn maintenance business. However, they do replace shrubs and trees. Prescription reported that the only tools they have for replacing shrubs and trees are shovels. Frattalone pointed out that these businesses mostly store their equipment in the building and could not see where this was much different than mini-storage which is a permited use in B-3. Blesener pointed out that there is no outdoor storage involved in this business and felt that the business was a service-related one. Fahey pointed out that the Planner is recommending against the text amendment and that the Council cannot ignore the problems that have existed at the site. Fahey suggested that perhaps the answer is not to use Park Street. Frattalone pointed out that he has only used the road for about one year and when there were problems due to this, he closed off this access. Blesener felt that Frattalone should be allowed to use Park Street. Collova pointed out that the problem is that there is B-3 property adjacent to residential. Scalze agreed that since Frattalone paid for Park Street he should be allowed to use it. Fahey asked the neighbors their feelings if Mr. Frattalone were to close off access to Park Street, berm the area and landscape, if they would be agreeable to a conditional use permit for one year for these businesses, or a variance to allow the businesses for one year. The Planner stated that a variance could not be granted, but the Council could extend the eviction notice for one year. Mark Schultz, neighboring property owner, reported that he is aware of the uses allowed in a B-3 zone and reported that when he purchased his property in 1981 he was aware of these uses and that he did not get the property any cheaper because it was across from B-3. Page -6- MIPJUTES City Council August 27, 1986 Text Schultz also felt that Mr. frattalone should be able to use Park Amendment Street. However, Schultz was not in favor of any use on the Landscape property that was not allowed in a B-3 zone. Schultz indicated Businesses that he felt a better site plan could be developed for the (Cont.) property. Schultz also pointed out that there is room in the building for 6 or 7 similar businesses, and even though there may not be a problem with two landscaping businesses on the site, there is the potential for 6 or 7 businesses. Schultz stated that he was against the proposed text amendment, but indicated that he would be willing to compromise if a better design were developed for the property and access to Park Street was restricted. However, Schultz did not feel that the text amendment should apply to all B-3 zones in the City. The Planner reported that the site plan submitted by Frattalone has not been reviewed for compliance. Fahey stated that he would not accept a compromise that was not acceptable to the neighborhood. Blesener stated that he would support an extension of the eviction notice so that the other businesses would be off the premises and the neighborhood would have an opportunity to judge these businesses. Frattalone again questioned the difference between this proposal and that of a mini-storage. Frattalone also indicated that he has done whatever the Council has requested that he do in the past. Fahey felt that there have been a great many complaints that the City has received about the property. Blesener disagreed and pointed out that the City recently acted on the matter of a storm sewer installed by Mr. Frattalone in another part of the City without giving Frattalone an opportunity to address the matter. Blesener pointed out that Mr. Frattalone is at a great many Council meetings but this is due to the fact that he is doing a lot of development in the City. Scalze commented that she felt the text amendment was written incorrectly and pointed out that should this text amendment be passed, it would be difficult to tell businesses that they could not grow and purchase larger equipment. Scalze asked who would police this. 6lesener again stated that he did not consider the replacement of shrubs as landscaping. Scalze felt that a landscaping business should be located in Ryan Industrial Park and should be allowed to grow. Page -7- MINUTES City Council August 27, 1986 Text Mr. Blesener introduced the following resolution and moved its adoption: Amendment Landscape RESOLUTION N0. 86-8-370 - CLOSING Businesses THE PUBLIC NEFlRING TO CONSIDER A (Cont.) TEXT AMENDMENT PROVIDING A CONDITIONAL USE PERMIT FOR A LANDSCAPE MAINTENANCE BUSINESS IN A B-3 AREA The foregoing resolution was duly seconded by Ms. Nardini. Ayes (5) Blesener, Nardini, Scalze, Fahey, Collova. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 15, Page 431. Blesener suggested that the eviction notice be extended until July 1, 1987 so that the neighborhood could determine what impact these businesses would have. Scalze felt that July 1 would put the businesses in the middle of their peak season and that the Council would not require them to relocate at that time even if there were problems. Blesener did not feel that the neighborhood would be able to judge these businesses any earlier than July 1 when the businesses would be in full operation. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION N0. 86-8-371 - EXTENDING THE EVICTION NOTICE FOR ANDERSON LAWN SERVICE AND PRESCRIPTION LANDSCAPE UNTIL JULY l, 1987 TO GIVE THE NEIGHBORHOOD AN OPPORTUNITY TO DETERMINE WHAT THESE BUSINESSES ARE LIKE AND GRANTING ACCESS TO PARK STREET FOR THESE BUSINESSES PROVIDED THAT THE ROAD IS GR.4DED AND A DRIVEWAY MIX INSTALLED The foregoing resolution was duly seconded by Mr. Collova. Ayes (2) Blesener, Collova. Nays (3) Scalze, Dlardini, Fahey. Resolution denied. This resolution appears in Resolution Book No. 15, Page 432. Scalze suggested that the eviction notice be extended ~intil January 1, 19~7. ~ag2 -8- PnI~IUTES City Counc.il Au<.~ust ?.7, 19~,& 7ext Prescription L.andscape reported that he has a lease a~reement ~,vith Flmendinent Mr. Frattalvne beyond the January 1 date. P~ir. Frattalone reported Landscape that he Faould not hold Prescription ~andscape or ~lnderson l.awn E3usinesses Service to the~r leases. (Cont<1 ~ir. Flnderson reported that prior to his ~rioving into the Frattalone bi.~ildinn, he came to the Council to find out if his business was a permitted use. He was told that it e+as at this time, t~ndersan pointed out that it cost him thousands of dollars to locate his business in the Frattalone building and it could i~ankrupt him ifi he had to mov~ a~ain< Flnderson rAported that his business does not do tandscaping, out lao-in maintenance. E3lesener reported that for the record i;he nam2 of ~1r. Anderson's business is F~nc)erson la4•~n Service, Inc. 3lesener pointed out that the P1 anner has i ndi catecl that 1 a~rm servi ce i s a permi ttecl use i n [~-3. The Planner stated that he reviesved the businesses permit~':~el under the Code and qarden supp1y ~vas the closest to the proposed use. 7he Planner in<licatec( that it may have been the ~~revious f3uilding Inspector who indicated to T~r. {lnderson that lawn maintenance ~,ias a permittecf ias^. P9r. Collova thought that P4r. i_icht did give the opinion that la~m maintenance was a permittrd use. P1r. Fahey suggestr.d that the P1anner revie~•~ the orclinance and deterrnine if the t4ao businesses +•iould be parmitted. FanAy also reauested tYiat the City Clerk g~t a transcript of the tape of the Council meetinc~ aY, which the Anderson I_asvn Service business license eaas requested. fahey also sungestecl that ttie Planner talk to the neighbors and to f~?r. Frattalone. ~=ahey stated that he ~voulc( siapport tne request if it conforrs to the ordinance, and i~ it does not, that is Fine. ~ahey suggestec! that the matter be Y.abled for t~;~o adeeks. k~lesener also sugyes~ed that the Building Inspector be updated on the matter. i'1r. (3lesener introcluced the follos•ling resolution and rnoved its adoution: {;ESOLUTIO~! id0. Fl5-H-372 - TF1E;l.IPIG 11CTIOPI ON TNE T~XT AMF,MUi~9~PJT FOR LAND5Cl1f~~ t3UST~lESSCS ~OR T410 1~1GEICS TO GI4E THE CITY CLfRK P,ND CITY PLP,NIdER I~AI OPPORTUPdITY TO IPISPECT TNE '~REVIOUS HISTORY RF.GARDING T;IE APJD~I2SOPi LA4lf~ SERVSf,f: OCCUPIINCY OF TIiE Fft~f~1K ~RAT7/1L0~J~ t~uz~ozr;G Page -9- RESOLUTTO~IS City Council August 77, 19~F Text The foregning resot~rtion tvas duly seconded by P~trs. Scalze. Amendment Ayes (5) ~3lesener, Scalze, ~~ardini, Faney, Collova. I_andscape ~lays (0). 3usinesses Resolution cleclared adopted. (Cont,) This resolution appears in Resolution f~ook No. 15, °age ~}33. Text The i~lanning Co+nmission recently tabled action on the proposec( text Amendment ar,iendment regarding sFtba.c!<s for accessory buildings pending Accessory adclitional inforrnation. `:3u91dings P4r. f~l esener i ntrociuced the fol l os~ai ncf resol uti on and moved i ts ado~~ti on: Agenda Ii;~;n p1o, 7 P.ESOlUTION PIO. 86-II-373 - TAf~LI~le AC7I0~1 0~! T~IE PROPOSED TEXT Af'IEP•;DP~EPIT RE6ARUTNG ~CGFSSORY C3UILDTN6 SETE3F1Ci<S UMTIL THF. SI:PTEf4f3ER 24, 19Bb REGUTAR COUP~.ICIL q9F.ETIMG IN ORDER TO GSVE THE PI_F1UNI~IG COP^.htISSIO~i AN OPP~RTUPIITY TO STUDY 7NE ~4f~1EPdDP~lE~1T FURTFIFR The foreqoing resolution aras duly seconded by P1r. Cotlova. Ayes (5~ Blesener, Collova, Fahey, ~larclini, Scalze. Nays (0). Resoliation declared adopted. l'his resolution apnears in Resolution f3ook 1~!0. 15, Pay~ ?34, Text i"ahey opened 1;he public hearinc! on the pronosec~ text amendment l~mendment relating to driveaday des~gn. Dri ve~~tays Fahey po~nted out that the Planni ng Commission voted to aoprove Flgenda the text ainendment excluding th2 language proPiibitin g narking Item ~!o. ~ in drivewav turnarounds. Scalze felt that ttie Code should not be amended and pointed out that if driveway turnarounds are, a1loHreck, the,y svill be used for parking. 8lesener pointect out that there is a need for driveway turnarounds on a bu~y street such as ~dc~erton. !'resent1y the Code c!oes not a11oUr the turn arounds arid the City shoulc! encourage a safer situation. The Planner reporte4l that ~he text am~ndrnent G~ould allow driveway tiarnarounds, and in som^ instances th~ City could require the turnaroiands. It a!oiild he theoreronativ~ ofthe B~.~ilding Inspector to ensure that driveways are put in correctly. Paga -10- r~~zn~uTrs City Counril 1lunust 27, 198E Text P!ardini as!<ed if the Council 4vas of the mind to enforce other Nnendment clrivesaa,y violations around the Cii;y. Drivewa.ys (Cont.) 7he Planner oointeci out that C.it,y ordinance only allows drivek~~ays directly ini;o garages. filesener nointed o~it that the C3uilding Inspector r,ou1cf ~nforce the Cit~ Cod2. Co1lova did not feel that the Cocte coulc! b~ enfiorced to the letter. r,'ol l ova al so i ndicateci that there i s a need fior dr iv2b~~a~/ f;urnarounds for ne~,v homes on ~dger'ton anc! other rnain streets in the !;ity. Ms. P;ardini ini;roduced the fo11o;~,~ing resolution and moved its adoption: R~SOLUTIOPJ P10. H'i-3-374 - CLOSIUG TW~ PUI3LIC NFARING ON THIF PROPOSFD TEXT 11NiGNDPqENT 12EL~TIPJG TO DRIVE4d~Y ~FSIGPI The tor~going resolution :{ias duly second.ed by P9rs. Sca1ze. qyes (5) ~ardini, Scalze, Collova, Fahey, 8lesener. IJays (01, f~2solution eieclared adoptecl. This resolution appears in Reso7tation !3001< ~!o. 15, Pane ~35. t-1r. (:ollova intr~duced the fo1lor~inq orclinance and moved its adontion: O~:DIMFlPIC~ P,10. 27~4 -AMEPdDI~dG Si:CTION 9Q3.050 Or THE LITTI.G C,FlI4ADA '~~1UPIICIPAi_ CODF.. RFLA7I~IG 70 DRI`JE4v'~Y DESTGN t=OR HOUSIA!t'~ FRONTIIIG ON i4AJ0;2 STREETS The fore~goi n,y ordi n~nce w<~s dul,y seconded by P9r. I~1 esener. ~yes (5) Collova, [;lesener, Nardini, Pahey, Sr.alze. ~lays (D). Ordinance declarec ac.!opted. Aspen i4r. Pat Goff, developer of tYie Flspen (;rove Addition, appeared before ~r~~~ the Council rec,uestinci final plat approva1. Addition Fin11 Scalze as!<ed the location of ~he ~•~al!<way easament fror!~ Asp2n ~'~ ~~ Ci rcl e to Outl ot !1. ~~9ep~~ ~.:roff indicated that th~ wal!«~ray ti~rould be locatec( betrleen Lots 1~4 Item M1io. 9 and 15. 7he ~asement woi.~l d be 20 feet ~,~i de. nage -11- PQTNUTFS Cit,y C~uncil August 27, 19~6 Aspen Scale reported tYiat the Park Comriission 1~~ould li!~e the ~~aalk;aay G~rove easement paved ~vith a 5 foot ~~!icie ~ituminous nath. Also, the Addition easement should be shosvn on the final plat. (Cont.) In discuss~on beto~~een the Council and P1r. Goff, '~r. ~off agreed to pave the v~alkviay easement and the City aqreed to be responsibte for the landscaping of this easement based an the recornrnendation of the Par!: Cornmission. ';he City Attorney pointed out that his office ~•aould have to revie~d the final plat. i~ir. 1=ahey introduced the Polloti~~inq resolution and moved its acioption: 12.F.SOlUTIORI 610. 86-8-375 - APPROVIPIG TN!" P,SPf:PI GROVF t1I~DITI0~1 EIUAL PLAT 41ITfi 7fiE RFQUIR~t~IEPIT OF THE DESIGN~ITION 0~ P, 6~AI_K!JAY EAS~D9@~T f~S W~LL. AS UTILITY FASf:"=iF11T f3FTl^i~ FN I.OTS 14 11?•ID 15 A~ID FU~'~TFIER REQUIRI~JG TIiAT SUCN ~a~LK4dAY EnSE",9E~T f;E PAV£D ~IThi A FTVE 1=00T I~ITUMINOUS PF~TIi S17 7Ni~ ['XPFP!SE OF 7FIE ~[VELOPFR A~ID TFIAT TH~ CITY t=II~I LAMDSCAPE TFIF ',JALK'r111Y Et1S@M~~1T, k1~ID FU42TIiE2 SU[3JECT TO TtiE A~PROVAI. OF THE CITY ATTORI~IF:Y Or TfiE FSh1F1L P1.117 The forec;oing resolution svas dul,y secondecS by ~Ir. f~lesener. 11yes (5) Fahey, Scalze, 8lesener, Collova, Ida.rdini. ~!ays (Q). Resolution declared adopted. This resolution appears in Resolution Book Plo. 15, Page 43E, Final ilr. Jirn nutzick and i~r. !dally Johnson a~ere present requesting final Approval approval of the Brutger Industria1 Revenue ?onds for t"ne financing Brutger of the apartment complex on the Cardinal property. IDf~ Scalz~ asl:F~d hoai may responses ~,~lere received from the senior housina Aqenda survey. Item Plo. 10 itr. Johnson replied that >30 rasponses were receivec! and askcd that he b~ al l os~ed 'to ma'~e a nresentati on of the survey resul ts at a future Council meetinn. J~e City nttorney reported that he has reviewed tha proposed reso1ution granting final approval and it appears to be 111 order. P1rs. Scalze introduced the follo~vinc~ resolution and nioved its actoption: Page -12- v1ZAlUTES City Council ,August l7, 198s Final RE50LU7T0~1 A10. 86-~ 37~ ~ REA~rIR.~1IP~G~ Flpprova1 AUTMO~IZATION Oi~ Fl PROJECT Rbli) NOUSI?~1G ~3rutger PftOGftAi~9 UNDER P~iSMNES07A STATUTFS, C19;~P7!:R IDt3 (Con~<) ~ki2C (f~tU1~ITCIP~IL NOUSING PROGRP,MS) )1ND P,UTFIORIZI~dG T}iF ISSUAt~?t;E OP P~ULTIFA"~1ILY FIOUSIPIG R~VEPIUF SONDS TO R~FUPIU I;phIDS PREVIOUSI_Y ISSUED TO FIf~iP,PlCE TNE °ROJECT Ai~D PROGRA~~1 AND AUTNQRI7SNG THE EXcCUTIOPI OF V~lRIOUS ~OCUi~~Ft~l'fS Zh! COD!AiFCTIO~~ ThiEt2E~lITf~l The foregoing resolution +~as duly seconded by i-1r. ~~lesener, ,nyes (5) Scalze, 3lesener, Collova, Fahey, Diardini. fdays (0). Resolution declarec! adosrted. Thi s resol ut;i on appears i n ftesol i.iti on [~oo!; ~lo. 1~i, Panes ~37 t'nru 447. Recess !~t this point iri t'ne ~meeting, °:5£i P.P1., Counci1 tool< a shor~t recess. The r.ieetin~ was reconvenPCl at 9:10 P,f1. Connc~ iir. navid Johnson, rerresenting Connco Shoes, apperzretl before the Shoes ~?~ C,ouncil and repc>rtetl that Connco has a 1~1,Oq0 square foo~ building. Sic?n ~hey aioulci lil<e to le~se half of the bu~ildinc~ ~nd would lii<e an Ordinance additional p.ylan sinn for the new t~usiness. hioviever, Connco currenl:ly i~as a roof sign and. in ord~r to get an ad<iitional Agend.a. nylon, ~~~ould Yiave to remove t4~e roof siqn as it is non-conformine. Item (do. 11 The s~9n could be moved off the roof and insta1led next to the builc'.ing on steel posts. Johnson reported that the cost. of movinn thi s si gn u~o~.i1 d be approximatnl y~;1 Ei,000 anc! ~ioul d real ly serve no purpose. Therefore, ~ohnson is renuesting the Council to considrr a text ~mencanient to the ordinan~e where roof signs sroiald be a11a,~rd to remain at the cliscretion of the Council ~,ihere it ~,~~oulcl serve r~o purnose f,o remove tsie si gn. Sca1ze point.ecl. out that the Council has to consicier how this amFndm~~nt would effect other signs in the City. Johnson stated that he is still proposinn triat roof si~ns be prohibited, but tha~ the Council has the flex~bility to allow Chern to rernain if moving tihe sign e~Jill ~r~ake no differenc.e. Th~ Planner po~inted out t'nat the Code alloa~s t4vo p,ylon signs on a nroperty if the~^e ar<^ more than o.;e business on thc property. The orobler~ G~iitVi ~th~ Connco rPquest is ~that ~he roof sign must be brougpit into complianc~ with the Code if an ac.idit~onal pylon is installed. Sralze indicated that she felt if Connco again occupied the ~~ihol~ i~iai 1 c!i ng at a 1 ater date, ttie second nyl on snoul d corne doG~rn. Paye -13- ~1IMUT':S City C,ounci1 l~ugus~ 27, 1996 Connco Tne Council indicated that they ~~aould he vailling to consid^r a Shoes (Cont. ) text a+uendrnent as proposed by P1r. Johnson. Signs P~Is. 4lardini pointed out that ~here are political sinns up in the City that exceed the size a.llov~ed hy Cod~. A sicjn ~ square fee~ nqenda in size is allov~eci in residential areas and sinns 12 sc~i.iare feet /lddition in size are allo~~ed in commercial and other zoning districts. Poolside h4r. 1=ahey informed the Council that tne City tias receive<1 a 1^tter Problems From property owners on Jac~~tson Street outlining complaints they have aboi.at Poolsitle. Thes~ complains include the use of Jac!:son f\qenda Street hy Poolside, its customr.rs, and delivery trucks, trash Addit7on blowing froin the Poolside prooer~.y antl thc 3 Fl,M. pic~~ap of trash at f'oo1side, and also ttie condition of Jackson Stre~t fror tVie construct;ion equir~ment working on ttie ne~ri Poolsid~ building, Council discussed arhether or not 4'oolside is permitted access to Jac!<son and also ~~'riether the house on the Poolside property is to t~e torn do~vn after constructi on i s cornpl eted on the neav bui 1 cfi ng. [3lesener pointerf out Y.hat there h~s been a tot of construction going on at the Poolside property and sugnested that the ~3uildinq Inspector or ?lanner discuss the situation dlit~7 S'ool ,itle and see what their plans are. 131esener pointed out that JacRson Stre~t is not a~-ton road and should not have semis driving ug and down it. The residents on Jac!:son requested that a fence he installed at the end of Jac~cson 4ahich ~.iould blocl< Pools~de's acc~ss to the stre~t. The residents inforrned the Council that: tiiey 'nave not been able to qet r~ail delivery at times, due ~o n~iailboxes being blocked ancl also fire hydran~s are being blocked. Sca1ze also sugg~sted that t'ne site p1ans for Poolside should be revies~ted as :~~e11 as past Council me^ting minuta~s to cietern~ine wtiat the C,our~cil agrPed to when Poolside received approval for their nev~i builclinc~. Bles~ner sugc;ested that the Planner and tDi.iilcling Insr~ector researcn t:he matter. ~icCul1och Joel tiess, attorney re~~resentinn i+iessrs. P~icCullocti and ilarstad, I_andscane anpearecl before ttie Counr,il reqi.iestinq t'nat the landscape bond E;ond in the an~o~.ani; of $2,500 I~e rele~sad for the mini-storage on CountY Road L'. Hess nointecl out that the City has raised the point about ~he f~ncr adjacent to the :lein property not beinq completed satisfactorily, Page -1 ~4- ~~,zwuTFs CiCy Counc~l Flugust 27, ~19~6 NlcCulloch however, this fenc~ is not shown on the 1an~lscape plans and the Landsr.ape bond sh~uld be released. 8ond (Cont.) ?lr, ?lesener pointed out that the Council discussed th~ issue of the fence a1ong the i<1ein pro~erty at two or three different r~eetin~s and Messrs. P~1cCullocn and I~larstad agreed to fencr the propert.y to the satisfacf.ion of P1rs. I<1ein. Fahcy pointed out that the City ?lanner has indicatecl that tt~e fence is a part of the 1andscaping for t'ne property. 7he Pianner stated the fence and the landscapin<~ ar~ entertv,~inecl and the fence is a part of ~ne screeninc~ ren.uired on the nroperty. The Planner also informed the Council that the fence that was i nstal l ed i s faci ng the v`~ronr~ Gday ~~ii th th~ fi ni shed si de a~-~ay from tne !:1ein property. This is a vio1ation of Code requirei~:ents. Also, ~^rs. K12in has represented thaL she alaiays eaanted the fence to be ctiain-link along thn front of her property and ~~iood along the back. Scalze renorted that she researched the Council rnceting minutes, and ~1rs. Klein alw~ys ~~tanted the fence to be chain-1inl< along tne f'ront of th~ nronerty. ~lso, the fence >>ias sup~osed to ii~eet ~~1rs. Klein's apnroval. The Planner reportec~ t;hat'<1ein ~~anted the fence to t~e siro~ilar to the one tha~ s^~as insLalled along the Speedy rlar!<et pronerty. Hess sti11 ~~iaintained that the fence is outsicle tne scone of the lanciscape hond. idardini repor~ed tt~at t'ne Council has always considered the fence ~;o be a p~art of the landscaninu of the propert,y. ~~1r. ~aney ~dvi secl "~Ir. Hess that ti~e Ci t,y w~ 11 re1 ease th2 bond ~•aiien the fence is correr,ted. Fah~y stated that ti~e fenr.e aias consic~ered to be ~art or ~'ne 1andscapiny and scraening of t.he property and the Co~mci 1 snent a 1 ot of tirne di scussi n!~ tiii s fence. Sca1ze ac!ain pointed out that the fencc has to be satisfactory to P~Irs. ~:lein, Collova pointed out that ~Ir. PlcCulloch ~;ias present at previous Counci1 r~eetings and he ind~icatec! tY~at he ~~~rould put in s~~hatev~r type of fence i~rs. I<le~n wanted. Scalze sugeested tha~ the Planner contart Mrg. Y.lein regarding the fence and then inform f~1r. tless of the result. of the conversatron. ?ag2 -15- r~u~!urFs citv Counc;i l~~igi~st 27, 19f36 Tima TV~e Planner reported that i>tr. 'fima has requesteci a T-intersectian Request at the end of Flustralian ilvenue, rather than a full cu1-de-sac. For T- Intersection P4r. Fa'ney su~nested that the Engin^er and Pu~lic 4~Inrks Superintencfent consider >>Ir. Tima's re<luest anci make a recomm~nciation at th~ next F~gancia Coi.incil me2tiri,< Item I~!o. 12 Property The Planner renorted that he iias been researchinq the property Tax ~a~ tax r.ap i;hat ~~ir. 1_arry ~e^ report^c( that another ci ty i s provi di n~ in order to attract an indusLrial company to its city. Hot~~ever, Agenda neither fie nor ~3riggs ind f+lorgan can f~ind a~r~ay to provide such a ,1dcl•i t~ on cap. 7hn Pl anner renortecl that '?r. Lc~e ~~ri 11 t;ry to get a<idi ti onal infiorrnation from the comnany involved. f'ahey did not feel that the (:ity should sn~nd a lot. of money having th~ Planner research this matter. Executeam Mr. ~ilesener reported t4ia~C he has spol<en +.~iith one of the oroperty Proposal o+xners involved in the recent proposal by Fxecutear~ for developrnen2 of an offiice building aY, the corner of Little Canada Roacf and Llgenda Centerville I?oatl. This property oaaner has noev been informed by Addition Exec.uteam that nothing avill hapnen on the pronerty i:his year, and i t r~iay not be unti 1 next year before Y.he <fevcl opment proposal i s pu't together. ~lesener f^lt that in instances a•ahere the Sity is disci.assir!g t.he use of tax increment financing to aid development, the prooerty o~anrrs shoulcJ not b^ mislead. that soniethinc~ will happen on the property quic!cly. Str~et The C,ity Enyineer submitt2d str^et improvement: plans for roac! Improvement reconstruction projects saithin the iity and requested tnat he b~ Plans aut~iorized to call for bids on ~.hese improverients. Agenda ~Ir. .^,lesener nointed oiat that t:he le~tter the Council ren.uested Item No. 13 ,ye sent to the property o~,dners on Lal<eshore Avenue and Fast Ro,e zmp. Place did not ~o out. ;31esener sugyes~ted that th~ over1aying of 86-z, 3, 4, 5, these 2vio streets be i nc l ude<i i n the bi ci, and i n t'n~ !neantirne 6,8,9, the City can contact these pronerty o4vners reuarc'ing their feelin~~s &-I5. for the improvement of their street. Bids The ~ingineer reported that bids ~,ioulci br opened on October / and could be considered. at the Octob~r f3 Council mee~ing. Page-1~~ idINi.1TES fity Council ~ugt.~st 27, 19f;6 Stree~t P~Irs. Scalze asked if Che plans for the 7hunder ~3ay pond vtould be Improv~ment included in the bids anel requested ~hat f3i11 Sanders an~! the Par~ P1ans (Cont<) Commission receive a copy of the plans for tha F~onct. 7he Engineer reported that Y.h~~ pond is not a part of these bid,, but he ~~~ould provide a cony of the olans to the Par!< Cornmission. "9r. K;lesener introdiiced the follo~~iing resoli.ition and moved its ac!option: RESOlUTI0~~1 PIO. 85~-ft-377 - RPPROUI~IG TIIE STRrf=T SMPROVEP~IE~lT PLAPIS AS SU~iMII"7ED I3Y THE CITY ci+IGINEER FOR ROAD RECOPlSTRUC.TIOrd AP1D Ct~LLIPIG ~OR BI[)S ODI TN1~SE If~1PRQVEh?f:R!TS Imp.-86-2-,3,4,5,6,8,9,-&-15. The forrc!oing resolution was d~i~ly seconded hy (~is. Alardini. {lyes (5) !31esener, Plardirii, Fahey, Sca1ze, Collova. 6la.ys (~)< Reso1ution c(eciared adoptac~. This resol~.rtion appears in Resolution f3ook No. 15, Pane ~43, t~rs. Scalze suggested t,~at if the City is obtaining easements for the 7huncer ~3av pontl, it should also in~iude a aaal'~;ing trai1 in the easement< Fahey ooint~d out 4:hat the nre1iminary p1at for the development of the Ua1ento/Frattalon~ prooerty has not r,orne in yet and, therefore, ttie City could not renuest the walkinc! trail easement at this r~oint< Scalze sugnestecl that the saali<way easement could be included. over the poncling easement. Scalze again suqqested that the Enq~ne~r provide E3i11 Sanders ~,vith a copy of the plans for the pond. Orclinance The City r.ttorney presented in finai form Ordinance P!o. 273, regarding ~!o> 273 hol i d'ay nay. Ov2rtime P~lr< Blesener ~ intro~uced the fiollowin~ ordinance and rnoved its ac~foption: Anenda Ite~n No. 14 ORDIN11PdCE P70 . 273 - A~ ~E(vDI^~IG SECTIOPI 209.100, RECATI~6 TO PF~ZD i"OR I~IOURS 4~!ORKED 0?! FIOI_IL,4YS TYiF foragoing ordin~nce was du'ly seconded b,y P~rs. Scalze. ~iyes (51 !3les ener, Scalze, r~a~ey, Col1ova, Dlardini, ilays (O). Ordinanre dec lared adopted., Paqe -17- ~~~zriuT~s ~ 1 f:_Y ~..0 I.I It C"i ~ Augus~t 27, 19E36 Schl^tty The f,ity Flttorney suumittecl to the Council an affidavit stating !~!oocls °l at that Outlot !1 of the Schl etty Ploods pl at i s a cfrai nage ~aser~ient. Tne ~~torney reporteu that this ~~vi11 provide notice of record to Agenda a purchaser that Outlot A is a drainage easemen~, and h1r. ScYilett,y Iteni ~lo, 14 ~rrou7d have to request a vacation of the clrainage easernent in order to develap any portion of Outlot '1. P*9s, Nardini introdur,ect the fo1loui~ng resolution an<t rnovec( its adontion: RESOlUTIOP~ PIO. L6-3-37£> - DIR~CTIP!G THE C,ITY CLF.R;C TO SIGN 71iF AFFIDI4VIT RFGARDIP~IG TNE S~FILETTY ~;OODS PL~T .AS SUBh1I7TEll ~3Y TNc CITY t4TTOf2NFY, {1PID DIRFCTI~dG TNE CI7Y A7TORPdEY TO r IL~ THE AFPIDl1l~IT ThF foregoing resolution ~•~as duly seconded t~y P4r. Coliova. 11yes (5) Idardini, Collova, Slesener, Fahey, Scalze, Diavs ((~). fteso1ution der,lared adopted. 7his resolution appc~ars in P,esolution Soo~ No. 15, Page 449< Rice Street The City Attorney subinittecl for apnroval a Quit Clai~n Dead in !!ateri?iain r.ori.i«nct:ion4vith the !?ice Street ti~atermain relocation. Relocation ~~1s. Narclini introcluced the fallosaing reso1ution ancl moved its az~ioption: Agenda Iteiti Plo. 1~4 RF..SOLUTTOiI b10. 3i-°-379 - IIUTIIORIZIPlG TfiF. P~1P.YOR A~1D CITY CI_LRI< TO SIGN THE OUI7 CLAIi'1 Dsf=D $UCiP~lI77F.D C3Y 7f~lE CITY ATTOftIJ~Y IN REGNRD T(1 THE ftELOCFlTI(lPJ OF TNE RIC,E STREET !~il~TFRME1Ihi ~idD If4STRUCTIVG THE CI7Y CLFRI< 70 RGTURN SAID A(;REED~FPlT TO TPIF P~I~~IPIESOTIa I)FpI~RTt1Fi~1T (1F TRF~PlSPOR7.ATIOId 7he foregoing resolution was ciuly seconded by "rir. ~3lnsener. Ayes (`i) Idardini, f31esen2r, Col1ova, Scalze, Fahey. Alays !O). P,esolution cieclared. adopted. 7his resolut.ion appears in R^so1ution Boo!< No, 15, Page 450. F_~seo~ent The City Purchase purchase Imp. ~lo. property 34-13 P4r. t31 es ,qgenda Item Plo. 14 k~tCorne,q submit'tec~ an easement purchase anreemen~t for of an easement for Improvement ~!o. 54-15 for the FostFr in the amount of ~960.~O. ~ner introducec! the folloaaing resolution and moved its adopt.ion: Pdf.;P -lf~- i~!IzdUTES City Council Auqust 27, 1°B& FaSEment RESOLUTIOPI ~10. f36-f3-3~0 - APPROVTPJG TFIr Imp. vo. EASE~1~IdT PURCf~IASE AGS2~F~+IENT FOR IP+IPROVEi~IEAdT £~~-13 (Cont.) ^!0. 3n-15 INVOLVI~lG THE FOSTFR PROPERTY 7he fiorenoinn resolution µdas duly seconded by 4'!s. ~lardini. hyes (51 i31esener, P~ardini, Collova, Sralre, Fahey. il~_ys (0). Resolution declared adopted. This resoliation a~pears in Reso1ution f3ook No. 15, s'age ~d51. The City Clerk reported that the Sneriff's Department ~s recommending ~fnpo~°.~~ that t~mo used squad cars be donated to the Ramsey Covnty La!<e and Trail Reserve Unit rather than auctioninc! off these vehicles. The Sq~.iad Cars ShErif~f's [)epartment has reported tha~t the Deoartrnent vrould recei+~e a minimal a.mount for 1.hese cars at a~action. Agenda ltem Pdo. 15 ~~s. rlarc!i ni i ntroduced the fol l owi ng resol uti on anci moved i ts adopti on: RFSOlUTIOA! "J0. fl5-8-38~ - APPROVI~JG T~IE CITY~'S P,~R7T.GIPAT?OM Ii~! TFIE DOP!1\TIOi~I OF Tt~lO USFD SQUIlD CARS TO THE RAi~1SEY COUPITY I_AKE Ahif~ TRAII_ R£SrRVF Ui~IIT The foregoinq resolution Evas duly seconcsed by f~r. ~les^ner. Ayes (~) Narclini, Bl~~sener, Col1ova, Faney, Sca1z~. P!ays (Q). f2esolution declarecl adopted. 7his re~sol~ition appears in Resolution Boo~ tilo. 15, Page 457_. (:,ambling P1s. Plardini intrnd.uced the following resolution and moved~ its adoption: License R~n~~saals RESOLUTTOPI P~10. 36-8-3~7_ - RG~IE;~fi1~4(:, TH~ G,AMBL~PIG L.ICE(~ISE f~(~R 7H[ JACf)BSEi! ~~iF.~40RIAi_ Afi~IE~tIC.A~.I I\oenda LEGIOV P~ST 437 IOCATED AT DTCi< AP!D MARY'S Fiddi tion The foreyoinc~ reso1ution vaas duly sec.onded by t~1r. Co11ov~. F~yes (5) ~lardini, Col1ova, Scalze, Blesen~r, Fah~y. Plays (~). Resolution decl~red adopted. Tnis reso1ution apnears in R°solution ~ookk ~lo. 15, "a9e °~5~. Gerva~s `1i11 f1rs. Scalze renorteci that t'n^ Park f,ommission is requestirig ~ar'~c approval of a change ordcr for `L!10 lineal Feet of silt fence for Chanqe-Order erosion r.ontr~';, £~0 feet of cu1vert and rel~ted oaork and installation of a child-proof yrate at the up{~er end of the culvert in Gervais P4i11 Par",<. These changes are required by the ;datersheci Distric.t to rneet. their oerrnit requirements. Uaye -19- ~IIhJU7cS City Counci1 August 27, 19H6 Gervais ~~ill i*1rs. Scalze introduced the ~folio~~:ing resolution and moved its ~adop~t,ion: S'ar'~c ( Cont. ) R[SOLUTIOM P10. d6-~-383 - I~PPROVIPIG CHAPIGE ORDE'f2 PJO. 1 ~OR ~3ITUh1I~l0US TRAIL :~hID PAR!:IPIG IM1I GFR~II~IS '~1Il.L PARK IN TNI: Fl~~OU~1T OF 5~5,590.00 The ~foregoing resolution ~•aas ciuly seconded hy Mr< Collova. Flyes !5) Scalze, Collova, Fahey, 3lesener, Plardini. ri~ys io>. ftPSOli.ition dec1ared adopt~d. This r~soluf.ion a~pears in !?esolution 3ook Plo. 1'.i, Pa_c,e 454. Tennis Sca1ze renor~ed that the Park Comrnission received the follo~~ting Court !~ids for res~~rfacing of the ~r?nY115 courts in Spooner Par'r.: Resur~Pacinc~ z. c. sr~orts, Inc. 5~3,560.51 ;~qerida f,aris~n-lavine, Inc, ~3,650.00 Adr.li ti ori The P~ar!< Comrni ss~ r~n i s recomrn~ndi n,q tha~C the 10o-~ oi d oT I. C. Sports be awarded. ~ioney has been budgeted fer this ~,~ork. P<irs. Sr.~lze introduced the foi1o:>>ing resolution and. mov^d its a.doption: RFSOLUTIO`~1 t~!0. 8~-f~-3~3~d - APPROVZNG Tt~IE LOI~J BID OF I. C. SPOR7S, INC. FOR RFSURf-'IiCIP!G Of TF.PI~IIS COURTS IP~I SP~O~IER PPiRK The foregoing resolution v~a.s ciuly seconded by ,is. I~lardini. Ayes (5) Scalze, Plardini, E;lesencr, Collova, Faney. ~,i~y, (o), Reso1utinn cieclared adopted. This reso1ution appears in Resolution t;ook Na. 15, Page 4Ei5. ~lection 7h~ City Cler!c submitted the foilosving list of election judges Judgrs for th~ upcominc~ elections: Joser.~h ,4uge, A,ntoinette I,elland, "4ary Forbes, Darlene Nerl<~nhoff, Janis H~ss, I..ouis LaCasse, E11a Langevin, ,~c~an<!a ~_ena h•la<leau, G~ry Olson, l.orraine P~lton, i'lorenr.e Peterson, !lddition Dorothy Raecker, ;eorge S~iler, ~loavard Steele, Uirninia Sy!;es, Prirs. Scal ze reporterl that Vi rgi n~i a Syl<es has i nforr~ed her that ther~ is hands-on craininq availabi~ for thc election judges on the voting maci~in2s. Scalze recorni~iendeci that this traininq I>e rnade available to the juciges. hir. 4"ahey introduced the follo~rdinq resolution and ti,~;oved its adoption: Pa~e -20- t~IIPIUTliS C'ity Council Auntast ?7, 193%i ~l~ction RESOLUTION P~!0. 36-8-3Y5 - P,°P~tOVI~I(', TFI~ Judges ELEC7IOAI JUDGFS AS SUE;~`iTTTk~I (3Y 7Nc CI7Y (Cont..} CLEI"2!< ~OR Tf~iE UPCO~~lI1d~G SEPTEP~~i~R ,'161D I~IO~/rMB~R L"I_F.CTI~PIS 7he foregoing rnsol~~~;ion a~as d~aly s~conded by Ms. h'~rdini. Ayes (5) ~ahey, ~larciini, Scalze, 6lesener, Co1lova. hlays (0), Reso]~.ation declareU adopted. ?his resolu~i~n appears in R~so1ution ;oo!c P~o, 15, Pagz 4fifi. i~4rs. Sca1zF introdi,iced the follow~iny r~solution and n!nved its adoption: Rr"_SOLU7IQT! P~10. 85-?3-3J6 - I"ISTRUCTI{JG THF. CITY CLERI: TCl CODITi\CT VJRGIhII~ SYK"cS RcGARDI~IG T~IE HAi~DS-OP! TRAIUIDIG AVAII.A`31_F TO ~LECTSOP! JUDG('S ThE~ fore~oinq resolution vras dul.y seconded by P~is. Pla.rdini. ~yes (4) Sc.alre, hiardini, ~3lesener, .r,ollova. (~~lays (1 ) Fahey. Resol ~_rti on decl ared adopted, This resolutior. appears in i2esoli.~tion !too!< No. 1'.>, 1'ane 457. ~ahey felt that the C1erk could be instructed 'to coni;act P1s. Sy!<es by Council direr.tion rather t'~an resolution. t~obilehomes i~is. Pdardini pointed ou~t that a mobi1ehonie burned in thP Terrace !~leic ,hts P~lohilehome E'ar!c. i~arciini as!~ed ~f the ordinance allo<<red 1lgenda the home to be rPplaced. A,cidi ti on The Planner replied that the structure is non-conforininn under the ordin<~nce and since it vaas dai~nac?ed to more thari 50% ofi its value it cc~uld not be renlaced. The Plann er nointed out that the prof~erty i s zon2ci I~-3. The City Ilttorney did not think this intcrpretation of the ordinance would 'nold up. The ~ttorney cammented that the C~ ty ~~oial d have to c~i ve eyeryone i n the inobi 1 e4io~:ie oark a notice ~o this efif~ct !~ecause they coi.ild not move a house off a site and he able to repl~ce it. Fahey sugnested that tlie City c!Ft trie op~nion o~F 1;he ~ire Chief and State Fire Plarshall about the safety of t91~ sites anc! pointe~i o~rt ho~r,~ close these homes ar~ to each other. Pane 21 PizDltl'fES c, ~y co~,n~, ~ n~,~ust z~, ~~~as ~ ?>'lobiletioroes P!ard~irii sucigested that the ordin~nr,e needs to he amendecs, (Cont.) The Attorney stated that he ~~~as noY, concerned aboui: this, but did not feel the City should tcll the prop2rly owner hr coulcl not replace the moi~ilehorne, if there ar~ no safety or healt'n hazards involvec!. Slesener suclqesf:ed that the Cit~/ g~t thhe opinion of the Eire Departir~ent. ~ r3ui1ding Co11ova reporteti that the f3ui1ding Inspactor has requeste<1 approvt~l Inspec9;or to att~nd a sc~ininar regarding p1an revie~,~ of sorinkler s.ystems> Class The cost of the class is $60.00< ~iqenda i?r. Co1lova introduced the follos•iing res3lution and raoved its adoption: T,tern Plo. lo !:ESOlU7I0N ~`I0, 36-~3-337 - APPRQSIING 7N[i 11TTF..PlC)Ai~CF OP TME E;UII.!)IPIG INS°FCTOR AT F~ SEi'~IIN.~iR REGAiZDIPd9 PIAP~I Rc.VI~I~! OF S?RIP=KL`cR SYSTFDIS d17 Fl COST OF ~h0.00 7he for~goinq resolution was duly seconde<1 by t~s. ~lardini. qyes (5) Collo~ia, 'lardini, Sca1ze, Fah^v, l;lesener. plays (0). Resolution declared adoptecl. This resolution ap?ears in Resolution 8o~k No. la, S>age a,8. Emergency °~r. E~lesener reported tha~l~toger alanzer has requ~sted approval of i1anagen+ent an kimerc~ency ~1anagesnent Assi stance Grant 14qreemenf.. r,ssi stance Grant "'ir. [~1 esener i ntroducec~ the fol l o~,ri ng resol uti ori ancl mov2,c1 i ts aciopti on: Agreement ; ,~ ~ ~<, _ rf~dTEaZ~~1(;, I~dTO RFSOLUTT.OPI ~10. &~-<)-3~~~ Aq~ncia Ahi E"~ERGE~ICY NiAPdAGEi~IE!~1T ~1SSISTA~JC't: (3ftAP1T Item ~!o< il AP~RfE~~~E1dT Dif?. 1~dITN Tlli: STA.TE DEPpRT~~1EPdT OF °U[3LIC S~li=I:TY 61P,!D AU7NORI7.IhiG THc CITY CLt:RK AidD CIV!IL DEF~idS'~ DIRECTOR TO SI(31~ Tli~ AGP.FEh,9EP!7 OtJ f3~"HL~LI~ OF THE C,ITY The forc~go~ing reso~lution was duly secondecf by iAr. ~ aPiey. Ayes (5) f3lesener, F<~ney, Scalze, Collov<i, Plard~ini. ~,lays (0). P.esolution <i~c1ared adop~ted. This resoluti~n apoears in Reso1ution ftook No. 15, °age ~459. Pao° -22- f~7SPiUTFS City Council Augt.ist 27, lfd~>6 Schrier i1r. ~tlesener reported that Public ~,~!or':s contactec! !1r. Schrier and Conc4rn it ti~ras d.eterrnine<I tha~ an olci ceptic tan;< ~~tas nroken up durinn constriiction of the Schrie r property, 'Pnere is no 1onger sewarae 11c;enda. seepi n~ i nto th^ drai nagc di tch i n t'ne area. t11 so, i ir. Schwi er Item h!o. 17 has begim cleaniny i~~p the debris that was in tne <ii~tch. Eclc~erton ~ Nir. °lasener reporte~d that L~tt~le Canatl~~z ~vho built the t+vo homes at Road Road. The contractor ~vill (>y the constri.iction in the F~gen<la Itnz~t i~Jo. 17 !>iAhlic ;a~orl<s nas contacted t;Pie contracter tiie corner of ~dgerton an~, Litt7e Canacia. be correcting the drainage problem caused nexC f~~t~ da,ys. Fiil On t1r. [ilesener reportf~d that tPierc N~ill be excess fi11 frr~r~ tn~ ~loiinson road construction and storrn ser~er pro;jects plann^cl i n the ~ity. Propert;y It i~as heen sugqest~d tha.t this Fill be p1aced on th e Johnson property. Ayen~)a ItEm i~lo. 17 ~~Irs. Scalze con~~nented that the Par'~ Commission fiE1t tne fill shou'id go on the pronerty and sho~i ld be stoci<pi1ed ror the ~timc being. n1r. Blesener felt that the matter snould. be handled 5y ~t'ne Park Conm~i ssi on. Recreation ~~irs. Sca1ze introduced t'n~ follotaing r~sol~_ition and moved its adoption: l~ssociat:ion 3.?_ ~eer RFSOLUTIO~J ~!0. Fb-&-3539 - A;'?ROVI"IC l1 3.,'. Perniit RrER i ICth1S~ FOR SEPTE('~IE3ER a TIIROU~}{ 7, 193u FOR T~i~ ~IT7LE C1~Pl,40,4 RGCRFATIOPI ASSOCIFlTION l~genci~ FOR 711FIf2 i~IORT}~i COUniTRY CLASSIC It~m t~{o, 1Fi The foragoi ng resol uti on ;=~as duly seconded by ,hir. F31 esener. tlyes (5) Sf.~~'L8~ ltlesener, ^dardini, FahE~y, ~ollova. r!ays (0). Reso l ~ation decl areci atlontecl. Thi s resol uti on ~opears i n F:eso1 u~ti on 3001< P~lo. 1 a, Pagk~ ~dEiO. Par!< Mrs. Scalza reported that a rie~,iber of tl» Pari< Coirir~iission has i~ioved Cor,~mission ~ut y, buti cioes not ~ndant to resiyn fr~ri the Cominission. of th;~ Cit r2esidency Z~; y~ , 1s rh~ f~cl ing of the rnernber and f~r;. Scalze c+iat the mernber 12ec~ieirement shou ld be alloe•~ed to ~finish his terrn of office. Scalze po~nted ~~at y requirement pr~ior ~to ~that the C9ty ~7id not have a res~denc Ac}~nda 1f; Pl t ~he , member serving on ttie C.ommission. ern I o, Mr. Collova was agreeable to ~~irs. Scalze's sugrestion. Pt~ge -23- rir~iuTrs C,ity ~ounc'il 1lugusf. 27, 19f36 Par!< ;~Ir, f~l esen~r statFr! that he coul d not suoport ihe recommenc?a~i on Commission as I'a.rl< Corni7ission members are responsiblc~ for sp~nding City mone~/, (Cont,) and someone ~;iith that r~sponsibility s'nould live in the City. 3lesener pointvd out that there are ncarly 2 1/2 years lcft on the rnember's term. Fah~y aqreed that people sp2nding C~ty mone,y should live in the City and he taxpayr-.rs or' the City. <<.3hey pointed out that tnis is not a personal action< Nir. 1=ahey introduced t'nr fqllowi~ig resolution a.nd !uoved its adoption: RESOLUTIO~! ^I0. 86-"-3~0 - T~RN1It~iFlTI~IG f1=i=~CTIV~ I,1t+~rDIAT[LY DIi~~J DRE1~E AS A?ARY. CO('n~•9ISSIOPI r'1[~":13~12 ~tt1SEU 0~I TI~IF. CITY ORUI~lA~IC1= REQUIRTiI(_; i~1!ihiBFRS OF TFIE P~RK CO";?C~iT.SSIOi•I 70 !)t: R~SIDF!~I7S 0~" ~I7TLr ~t~Pl!11)l1 The forego~ng resolution utas duly s~conded by i~?r< Ellesener. Ayes (',) Fahey, Rlesener, iJardini. P1ays (2) Cnl7ova, Scalze. ftesol uti on decl ar~d ado(>ted, 7hi s resol uti on anpr~ars i n t;esol ut i on f,ook P!o. 15, Pa~e 461 . h1r. f'ah~y i n~:roduceci ~'ne ~Eol1 ow~i ng resol ~ati on and moved i ts ado,~i;i on: RE$OLUTIOPI ~IO. t~6-F-3~31 - IfdSTRUCTIPJG 7Hii r~TY CL[:~tl: T(1 ADV~E~RTISI: A VF~CAi~dCY Q~i THE n11f2K C0+~1?9TSSI0~l The foregoiny reso1ution was duly seconned by t~~s. ~.lardini. ~yes (5) ~ah~y, Idardini, Scalz4, f3leszner, Collova. ,da~s (0). Resol uti on ctr:~cl arerl adopted. This resolution app^ars in Resoluti~n ftook Mo. 15, Page 462. V~~uchers ~4r. E3lesener ~ntroc:iac~d the follotiinn resolu~tion and moved i~ts ~.doption: tlqenda RrSOLUTIOPi N0. 8b-£;-3~?_ - AP°ROVI~IG TH~ ,4dd.~ ti vn VOUCI I~RS The foregoinG resolut~inn 4~ias ciuly seconcled by Pi~. Nard9ni. l4yes ( 51 (;1 esener, "iardi ni , Scal ze, Col l ov~~, Fahey. P.~ays (0). f2esolution declarecl ~dopted. This resolution ap~elrs in Resnlution I~oo!< Ido. 15, °age 453. Page -2~k- ;~tIt~!UT~S City ouncil nugust 27, 19F36 LCf;~~ i?r. ~ahey repor~eci thaC ti~e ~ort.h4aest Subt~ri~an Youth Service fdomination ~~ur eau has invitetl. the City f:o noriinate people or groups for an For Outst;and in~ Outstaridinc~ S2rvice t:o Youth ~~vard for volunteer c~ime and Service To enerc~y c!2cHca~ted to yo~ath. Youth ,~1~rrard fdr. F'ahcy sugc~ested tn at the l,ittle Canada Recreation Association be norninafied for this ~~~iard. Agencla Item ~!o. 79 ~lesener ac~reed t'nat the organization is a!•rorth~~hile one that dedir,ates a 1ot of hours and hard ~;aor!< for the yout.h of the City. i-1r. Callova introduced thn follo4~iing resoltuion and maved. its acioption: RESOLUTIUh! M0. .P,6-&-393 - NOPAIPLATI~tG TN(~ LITTLG CA~I~,DA ~2ECR~RTIOI~J F~SSOCIATIq~! f=OR ,4~d OUTST~1iJDING SERVICE TO YOUTI~I P,~1k~RD ~aS PR~VSDED S3Y 7NE NORTIi~,Jc'ST ~UBURBrM! Y~UTH SrRVZCE EiURE~U The forec~oing r~solul:ion v~as duly seconded by P~1s. P!ard.ini. Aye; ('.i)~Collova, ?~larciirii, Fahey, Sc~1zF, i>l~;sener. idays (0). I~tesolution d.eclared ad.ooted. This resolution apucars in Resolution [3ook h!o. 15, Page 46~. Fire Rating !~~1r. Farie,y repori.ed that 4;he City has received a latter from the ISO Cor~imercial ftis!< Sei°vices Corporation inform~ing tiie Ci~ty t,~at Acsenda its fire insurance classification for non-sprinkl^reci.rnerr.antile Additiori buildinqs has improveci to a. Class 6. 7Yiis cloes not effnct t'ne City's rating for spr~nk1ered b~.iildings or residentia1 proper~ty. Scalze qu~:stioned ~r~h,y t'ne in?proved rating did not aF~ply to resid~ntial property or sorinl<1ered bu=~dings. rahey reportecl tha~t ~~~ ~~oul ~! ~~~r~ te a 1 ~t~ter to thi s organi zati ori asi<ina CheEi~ this question anv. asking what tne Ci~y r~=~f~eds to do to get t;hi s rati nn 1 o~•aered. Budget The City Clerk requested ttiai: th~ Couricil set a budoet s~orkshop !~lorkshop ~~eeti nn to di sr.i.~ss the 1~87 Rucl~et. The ~udc!e t he~ri nc~ i s ~•1e~ti nr,a sc.hed~~il ed for ~the October 8 Counc~i 1 rieeR;~i n~. ngenda i~1r. ~ahey introcluced ~t9ie ~follo~aing resolu~t~on an<i movPd its acloption: Adcii ti on 4;F.SOLUTION h10. f36-3-394 - StTTI F!G !~ i1UDGE7 ~r!ORKSIIO{ P1Ef.iTIMG i"QR 7 P.!"1„ l~!EDPIf.S[)f1Y, OCTO(3(i.R 1, 19£36 TO DS>CUSS THF 19E~7 BUI7~ET Page -25- ~,,zr!uT~C c,ty coUnc,~~ t~UqUS$ ?_7, 19°~ Sdori<shop Tne ~Poreyoing resolu~ion s~as duly s~concied b,y i~s. Plardirii. i~9eatinq AY2s ((i} Fahey, ~!ardini, Scalze, '3lesener, Collova. (Corrt.) ~lays (0). Resolut,ion c(eclared adopted. T~iis re~solut~ion apps~ars in Resolu~Cion f~ooi< Plo. 1>, Page ^~6~• llcijourn i~'~r. Fan^y in±roduc~~. tl~~e ~Polloviin~ resolution anG raoved its adoption: r,,r~endd RiSOLU7TOt,~ e~!1~ ~>_P_3~ri - ~DJOUR"~IING Item bfo. 20 Tha forec~oi ng resol uti on +~!as dul y seconclecl by "'Ir. ~1 esener. Flyes (~1 Fahey, ~1es~~ner, Scalze, Co1lova, r,larelini. idays (0). Resolution cieclarFd adopted. Thi s resol uti on apuears i n Res~~l uti ori ~30~;< Alo • 1'.>> !'age ~i' ~• T,~ere being no fiarther ~usiness, the m~e~tiny ~aas adjotirned a~t 10:43 P.:~. Resper.~Cful1.Y subrni~tted, ~ ; ~ ` ~~ ~ i` '~ ~ ~ ~~ ~ - - ~{Ca~h1een Gl~nzPr ~ Recording Secretary ~d~~E' -1~-