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Home My WebLink About12-03-86 Council Minutes;9II~IUPES f)F THE !~!ORKSHOf> ~1FFrING CITY COUPICIL I_ITT~F CA~IAp,q, `qIn1NrSOTl1 Qecem4er 3, 19~6 Piirsuant to due call antl no'tice t'~ereof a Niorltsho[~ meetinq of tne C,ouncil of the City of Little Canada, P^innesota aa~s held on the 3rtl day o~f December, 193f> in the Council Charobers of the Citp Center located a~ 515 1.4~:t1e Canada Road in said City. Acting P9ayor [;everly Scalze chaired the meetin<~ order at 7:05 P.~,~', and the follouina memb~rs of present at roll call: P9FP~f3F_RS PRESE+.`-!T: t~ayor P~1r. Counr.ilman Mr. Councilman ~ir. Counr,i1~raoman Pns. Councilwoman ~~rs and called it to the Cotancil e~ere ~~ichael f'ahey (arrived 7:10) t!i 11 i am r31 esener Ri r,!< Col l ova Nlugs h~ardini Beverly Scalze ALSn PRFSEhJT: City C1erk "]r. Joseph Ch1eber,k City °lanner Mr. t~avid I.icPit Cnuncilman-~lect P?r. James I_aValle Recording Secretar,y h?rs. I<athleen Glanzer fiitildin7 Tnspector P1r. John ~alacio Zoninn Acting !~(ayor Scalze nointed out that the ~urpose of toni~ht's ~~~or!<shou Code mee2ing is to revie~~i the loninq Code. Scalze rc~nort~d that there ftevieG•r have b~en sugqestions fbr rFVis9on of Y,he Code anci these suc~Gestions ~,~i 11 bFa di scussed. Scala..e reported that «nder the portion of the ~ode listing comm~rsial recreation uses, she ~-~oi.il<; like to see the follos~~inca uses eliroinatecf: tramnoline cen4;ers, fire arms ranc!es, cart tracks, ~ump centers and pool halls. Coi.incil discusseci these uses, and it adas the concensus of the Co~ancil that cart trac!<s and ji~imp centers shoi-i1d be elim~nated. ^1r. glesener ~Felt that pool hall should reina~in as a commerc.ial use, hotidever, shoi.ild b~ loc~~ted in a strip cenf,4r where a pool hall vaould have its osvn oi.itcloor acCess. ~ahey sur~qested that a pool hill bc~ made a conditional use, and then Coianci 1~troiil d have control . 7he Planner suct~~)~st~d that the Co~mcil could place a restriction in the Code requ~ring pool halls to be a certain ar~iount of feet from residential areas. Cnuncil discussed the pool hall use and ~~ihether or not it was a rlesirable one. Coi.mcil also discussed t;he far.t that there was recently a request ta pi.it. a~ool hall in the P1arketplace an<! the other busi n~sses i n tYie shoppi ng center 4~ere vehemently a~1ai nst the nool hall. Page -1- P7TPIUTES C1tV ~~Ol1YtC11 [~ec. 3, 19HS 7onina C.ouncil f~lt that ifi there is a r~quest for a pool ha11 in a Code sho~ping r.enter, ~the shopping cerrter i~tself wo ulc? cons~~ier Fvhether Revieti•~ or not t his use woii1cl be a detriment to other businesses in the (Cont.) c2nter. The City Clerk pointed out that ther~ are other uses in the City such as hars or bo~;fling allevs that have pool taf~les. Counci1 fel~ th~f, thr-, ord9nance coi-ild sY,at~ ti specific m~rnher of tables t hat ~dould h~ re~uired for nool halls. The Planner pointeci o~~t that in these businesses, G~ool is an ~cce,soryy use to t.he business. It aaas the conc~nsus of the Couricil to retain ti~e pool hall use as a conditi~nal use and eaith thr_ restrictions that the pool hail ~r~oul d have to have i ts o~vn autcl~or access i f i ocated i n a si;ri ~ shopping center as v~e11 as thai; ~;he pool ha11 coulc~ not b~ iocated ~~~ithin a certain n~unber of feet from residential pro~erty. A pool hall would also reqiaire a cond9tional use permit. It 4YclS the COYICP.iISUS of the Council that trampoline center should be eliininated from the 7onina Code as a conim~rcial use. Dlext Council discuss^d fire arms ranges. Tii~ Counc.il felt that fire arms ranges or archery ranqes should be retained as commercial uses as long as they .~rere indoor ranges. The Planner su~gested that the phr~se "and similar uses" be eliminated from the comrnercia1 recreation use nortion of the r~de, r~ian~i~ agree<f wiith this recommendation, f,ollova suggestetl that bingo shoultl be listed as a commercial recreation use. Counci1 discussed this suc~gesl:ion and felt that bingo shou1d he considered a conditional use as 4~001 halls. The Planner indicated that he saould put: tonether the n^r,essary amen~i~nent to t~.'ne Cnde to accomplish this. Mr. Bl esener expressed conr,ern ~~~i ~Ch f;he aceess~ry bi.ii 1 cti ny 4~orti on of the ortlinance. ~ilesr:.ner pointed out that the ordinance does not a11os~ accessory huildinels in a required side Y1rd or rear ye~rrl, ho~rever, accessory uses can he located in the sitle yard or rear yeard. This is true of the required front yard as ~ar~ll. ~3lesener questioned the difference bett~aeen an accessr~ry huildinn and an accessor~~ i,ise, such ~s a swimming poo'I. Council discussed a request it consitl~red for a sv~imming pool on Dianna Lane. Ttie nroperty oti~mer requeste<l authorization to p1ace ~aqe -2- h":INUTES C'itv Coiancil December 3, 1~~6 Zoning the pool in the required front yard. Hov~ever, a~Fter revie~;a9ng Cotl.e City records, Council deterr;iined that the prooerty vs~ner was Revie~re required to p1ace the pool so as nnt to encroach on the requirec! (Cont.) front ,yard, Tt was the concensus of the Council that ss~inimiriq pools should not be alloai~cl to encroach on a required sethack, hov~ever, dec'~s or porches aioulcf b~ excepted. ~ahey pointed out that there is a requirement in the orc(inance that accessory buildings must mainf.ain at least a 10-foot rear yar<I sethark, Ttie 3uildina Inspector pointed ouf, that swimraing pools have qumping Fqui~~ment that is noisy and r,an be a n~.~isanCe to neighhoriny nroperti~s. Nardini renorted that there are heat numps for some fi.mnaces ~hat can also he quite noisy, The Planner reported that f.here is a rlause thaT, r.an be included in the ordinance that says no noise generating ec~uinment such as air-conditioninq condenser ~qu~ipment can be loca~ed in a side yard i~et;w2en huilclings. f•ahny su~~ested that if this clause is made part of the ordinance it should be also 1isted on the chec!<-list that people are given ~~~hen ta!<i ng out a bui 1 di nc~ perrni t. Scal ze al so suggested that a notice be includ~d in sewer bi11s. Col1ova felt that the equipment should be allowed in side yards +ahere there is a garage loc,ated on the adjoining ~roperty as well as the sic!e yard of a corner 101: facine a st:reet. Council discussed whether or not ~,~indow air-conditioning units should be inc1ucle<f ~ander this clause and felt that they sl~ould be as these units can also he qiaite noisva T.t dias the concensus of the Coimcil th~~t follo~;~inn the enactment oF th~ ordinance pert,aining to noise generatinn eq~iipment, that the City Clerk should s~ntl a notice outlining ~he conditions of the ordinance in the se,aaer billings. The Planner suggested tha9; t,he notice indicate that existinp uses are grandfa.theree! in unl^ss they violate the City's noise standards, The Cif;y Cler!~ pointed out that currently there is no nenalt,y to a husinesso!~mer tidno Yias Pailed to ta!<e out a ~it.y husiness license. The Clerk pointed out that Lhere are businesses that are licensecl, ~~y the State and some of these businessowners do not feel th~y nee<1 a Ci ty 1 icense as 4•iel l. Page -3- "1I"IUTES Cit;y Council Decer~ber 3, 19~36 Zoning The City C1er!, a1so pointed out Cocle City evYio do no~ ohtain business f2ev i eti•r (Cont.) ~ah~y nointed out that the ordi not collect money in advance of to obtain business licenses. the pro~lem of soliciY.ors in the 1icenses. ~ance states R:har, solicitors ~~ho ~{o delivery of noods are not required Scalze ~ointed oi.it that the City licens~ has ~ Pee of $10. TYie reason t,hat the City requires busin~ss licenses is for ic!~ntification purooses arid as some protect.ion to the gFnert:il pub1ic. Counr,i 1 di sci.~ssec~ 1 i censes for sol i ci tors and ~~hen a permi t shoul d b!~ required and i~rhen one is not ner,rssar~i. Jioi LaNalle reuorted that the Cities of Flrden ~iills and Shorevie4~~ rECently enac.tec~ ordinances ~ert<~ining to solic~tors and s~~ggested Chat the Councii review these ordinances. It ~;tas the concensus of the Counc'il to raviev~ these ordinances. Council then discussecl the r~c~uirernent of a~1Q business license and the fact that aboi.~t 17 businesses out of 300 in the Sity have not ta!<en out this lir,ense. Fahey sugaesteci that h~ discuss the bt,isiness license ordinance wi~tyi the City Attornny and get his opinion on 4vhrther the or<linance svas enforceable. Scalz~ poinCeci ouf, that most other cities have a husiness license reaui remerit:. The City Cler!< reported that some cities ex~mpt businesses li~ensed !~y the State from the reqtiirement of a city business licens~. Scalze ~sked ii junk yarc! and dog !<ennels have been <1ropoed from the ore!inanr.e as permitted uses as the Council previously req~.ies~e~i. Scalze pointed out ~hat 9;hese tvro ~tems are definecl in the definition sect~on of th^ orc{inance. The Pl annr r repl i ed t4iat t?iny have been e1 im~i nat~d and. he ~•ii 11 emend tYie definition section, C,ollova ~s!tecl hoai the Code deals ~~ai4:h situations of a vicious dog or barkinn do~. ~aVa11 ~ re~>1 i ed that he thouc~ht these i te~ns s~aoul d be handl ed unc~er the public nilisanc~ section of thE ordinance. Fllso, citizens have the ontion of calling the dog catcher. i'ane -4- p1I,dUTEiS Sity Co~.incil December 3, 1985 Zoniny At this point in the m~eting, £3:~~> P.f4., Counci1 tool< a short recess. Cocle "fh~ meetinq 6vas reconvened at n:55 P.f~1, Revie~x (~ont.) Ilext C,ounCil discussec.i 7_oning Orc!inance amendments and uodat.es that ~Fiere sugg~st^tl by the City's previous i~uildinq Snsper.tor. 7he first clealt aiith Sect;ion 903.~)2Q,F,7.a,(~) af t:he Ordinanre dealina tdith heiaht of fenc~s ancl placement of a fence in relation Co the prinr,ipal struct~me on a propE~rty. TY, was V;he Planner's rec.omrn~ndation t.fiat fences not be a1lobred to line up Edith the firont of hoines, +oihi1e the [3uilding Offir.ial felt t~at fences should be allo~~r~d to be constructed at a oo~int one-ha1f of the huildinq depth alony the property line or equal to the front building line of the structure. It was ~the concensus of the Counci1 tn accepi: ~:he [3ui1~inq Inspector's reromm~n<iation. Counci1 also felt that the term "solid fence" siiould he hetter definecl in th~ or<linance, indicatinc! 'the Council's feeling that a r,'nain-lin!< fence t~iith slats does not constiti.i4e a"solid fence". The next section ronsiclered ~rias ~03.07_O.F.7.a.(ti). Council was unclear re~ardinq the 'intent of this section of th~ Code and t:he Planner reported thaC he ~vilt reU~ord the section so that 9t reads inore clea.rly. Counril also cliscussed aihether a fence shoiild be allos~red to be constructed on a pronerty line saith the ad,ioining owner's !~rritten nermission, or should be rFquired to be 1ocated a certain an3ount of feet from the prnoerty 1ine. It ~vas the Conrensus ~f t4ie Counci1 that a Pence should he allo~ied on ~ property lin~ if the adjoining oronerty owner has ~!iven ~~iritten permission. Section 903.0?_O.F.7.b.(2) - This section of the ordinance restricCs the f~ncing of a rear yard to 2'i°h raf the rear yard area. ~ouncil fe~it this restriction 4vas too great and tYiai: a property owner shoi.ild be alloweci to fence f,heir entire back yard area. Section 9Q~.020.G,4.b. - The Council agre~cis~~ith the recommendation of ~the Pl~nner and the t3uilding Inspector r~qardinn the s~ize of plinting ma~;erials as provided in ~th2 Code. Ho~~~ever, the Council felt that there sho~ilci be some requiremen't ~lar,ec! in the ordinance for the soctding or seeding of yards either nrior Co issuance of an occupanC.Y permi t or req~.ii ri nc~ the posti ng of ~i bond for thi s wor!<. The City Cler:< also suhqested that the Ordinance require no plantings or trees on public riqht-of-way. Council agreed. Section 903.020.O.A is in reqards to exterior storaqe. The ~lanner noi ntec( ou1; t:hat there i s an overl appi nq of 1 anguagc~ i n thi s port'i on of Y.he orc~linance, but sur~gesCed it remain. Council agreecl. Paae -5- ~?I?IUT!"S City Council Oec~mher 3, 1986 Zonina Council noted that there are a fFU~ businesses ~,vithin the City in Coc!e violation of this portion of the ordinance, namely Palmen rxcavating, Reviek~ Richard Richartls, and Precis'ion I_andscaping. Council instructecl (Cont.l th~ Code ~fficer to notify these b~isinesses of their violations. Section 903.030.C.?. provides that terraces, steps, uncovered norches, stoops or similar features can extend from the princinal structure to a distance not less than five (5) feet from any lot linr. t~fter discussion Council f~lt tYiat this ~fras permissible for side yard sethacks, ho~;~ever, only stoops, windows or enerqy-effic9Pnt attache<) vestibu1es woi.il d he al l otifed to encroacYi 5 feet i nto t'ne requi red front yard. setback. Section 903.030.C.3, - Council agreed ~vith the Planner's and Ruilding Inspector's suggestions r~9arding this sectron. Sect9on 903.040.G, - Council aqreed 4vith ~the Planner's recommendation regardin~ this section. S~ction 903.050.D.7.b - Council agreed witti ~he Planner's recanmendation far this se~tion. Section 903.05Q.D.~?.j. - Council felt that the Ordinance shou1d rer.iain as is regarc!ing circular drives. Sect~on 9Q3,05Q.F.5. - The Counc.i1 agreed tYie ord.inance shoul~ be ainenc(ed as recomrnended hy the l3uilding Ins~ector anci the f'lanner. Section 903.050.f1.13 - Ordinance to reinain as is. Section 903.050.fi - Ordinance to be anend2d as recomniencted hy the Planner. Section 903.0!iO.H.?.5 - Council felt tl~iis porCion of the ordin~nce shou1d he deleted. Section 9C~3.050.F.~i -~rdinance to be amended as recommended by t:he ('1 anner. Section 903.110.C,7. - f,ouncil felt t:hat this portion of the ordinance should be deleted. Section 903.i10.c.5.b. - Council agr~ed with the Pla.nner's s~aq9estion that the phrase "shall be required for the entire compl~x" should be inser2ed in the ordinance. Section 905.050.C.2. -(;punCil discussed this portion of the Code ~,~iS~ich stated that lots nlatted and developeci prior to the effective date of this Ordinance or for 4?hic'n a hi.ii1ding permit has been issued shall have side yards no less i;han five feet. ColanCil disc~issed if ~this ~rras the Cit,y's intent to a11ow one fi~ie foot~ side yard. setback for lots glatled and dev~loped prior to 1979. Paqe -G- MIMUTFS f,ity Council December 3, 19£;6 Zoning The Plann~r s~aqciested that Yie and the f3u'ilding Inspector research Code Revieo-r past Cit,y records ancl th~y ~iill make a recommenclation to the Council (Cont.) on this partion of the ordinanr.e. Ser.tion 907.040.11. (R-3 Distrirt) - Council agreed ~:vith the recommendations of the !?uilding Insp~ctor an<! City Planner. Ser,tion 909.040.C - Council anreed F~ith the Planner that Che current viording of the ~rdinance ti~as adequa'te. Section 909.0~40.,.10 - Council anreed ti~ith the recommenda~ions of the City Plann~r for this section of tne Ordinance. Section 909.040.G.12 - Counci1 agreecl ~iith the rer,onnnendations o~f the City Planner. The City Planner repor'ced that he 4~ai11 prepare an or~'inance amendement for Council rc~vies~ antl action at the second Council meetinca in Januar_y, Dri v~way "1r. I31 esener renorteci tnat th2 CouriY,y requi r~s a dri ve~day permi t °errnits ~Por c!riveFVays on Count,y streets that cross drainage easemen9:s. The Cit:y Cler!~ reported hethouahtthere vtas a provision in City Cocie reqiai ri ng ciri ve~;~ay permi Cs. The Cl er'r, reported that he +~oul d research this and report back to the Co~.incil. ~rneraency Mr. Blesener re~>orted that the Public bdorks Sunerintendent h~s incHcateci S~rvices tha~t h~ cloes not have time to adequa~tely serve ~s the C~t.y's Emergency Director S~rv'ices Oire.r,tor, filesener sugc!ested that nerhaps someon~ in the Position Fire Department ~,vould like to take over this ~~osition. Council indir,ated that this ~•~ould be considered at tl~e next Council meeting, and in the rieantime the Superintendent should nrepare a r2port outlining th~ number of hours requ~ired to perform this fianction. Blesener also pointecl out that some oP the aiages for this tiosition, i f the Counci 1 deY,errni nes thai: i t s~i 11 pay a~•aage, coi.il d be reimbursed through ~ederal fun<1s. The Ci~y Clerk reported that he ~,aill determine this amount ~~nd report to ~he ~ouncil. 7here beinn no furt'ner business, the workshop meeting was ad,iourned at 10:45 P.P1. Respectfully submitte~#, ~ , . / C /' ~~~Q. 2C/ v[~ ~~ KatVil~en (;lanzer ~~~ Recordinr~ Secretary Page -7-