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HomeMy WebLinkAbout05-11-88 Council MinutesMINUTES OF THE REGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA Agenda Item No. 1 Agenda Item No. 2 Announce- ments Agenda Item No. 4 Pur•suant to due call and notice ther•eof a r•egular meeting of the Council of the City of Little Canada, Minnesota was held on the llth day of May, 1988 in the Council Chamber•s of the City Center• located at 515 Little Canada Road in said City. May 11, 1988 Mayor• Michael Fahey chair~ed the meeting and called it to or•der at 7:30 P.M. and the following member•s of the Council wer~e pr•esent at roll call: PIEMBERS PRESENT ALSO PRESENT Mayor Councilman Councilman Councilman Councilwoman City Clerk City Attor•ney City Engineer• Recor•di ng Secr~etar•y Mr•. Michael Fahey Mr~. Bill Blesener Mr•. Rick Collova Mr. Jim LaValle Mr~s. Bever•ly Scalze Mr~. Joseph Chlebeck Mr•. Thomas Sweeney Mr. Donald Carley Mr•s. Kathy Glanzer• Fahey r•eminded the gener•al public that ther•e is an upcoming School Qoar~d election on May 17, 1988. Polls will be open fr•om 7 A.M. until 8 P.M. Little Canada r•esidents will be voting at the Roseville Ar~ea Middle School, for~mer• Kel1ogg High School. Fahey ur•ged the gener~al public to be come familiar• with the var~ious candidates and to vote in this election. Fahey r~eported that the north-bound r~amp onto 35E has been closed in conjunction with the Little Canada Road br~idge pr•oject. The exit r•amp south-bound is scheduled to close on May 12th. Center~ville Road is scheduled for• r~eopening next week, weather~ permitting. Countr•y Dr~ive is scheduled for~ closing on May 12th. Sher•i ff' s Commander• Jer•r•y Ber•ger•on of the Ramsey County Sher•i ff' s Depar•tment Depar~tment intr•oduce d two of the thr•ee sher•iffs that patr•ol Little Canada. These sher•iffs ar•e Deputy Steve Go er~itz and Deputy Doug Bein. Ber•ger•on Agenda r•epor~ted that Sgt. Ster•ling Henz fr•om the Cr•ime Pr~eventi on Pr•ogr~am was Item No. 5 scheduled to appear~ tonight, but could not make it. Ber~ger~on descr~i bed a pi 1 ot pr•ogr•am conducted i n Li ttl e Canada i nvol vi ng infor~ming Little Canada r•esidents of the Depar~tment's Neighbor•hood Watch Pr•ogr~am and encour•aging par~ticipation in the pr•ogr•am. Response so far• has been good. Ber•ger~on al so r•epor•ted that due to the r~esul ts of the Ci ty' s r~ecent residential sur•vey, the Sher~iff's Depar•tment is encouraging the deputies patr~olling the City to get out of their~ squads and visit with citizens and become mor~e visible to the r•esidents. Dispatcher~s have also been Page -1- MINUTES City Council May 11, 1988 Sheriff's instr•ucted to infor•m some caller~s of deputies estimated r•esponse times Depar•tment if deputies ar•e tied up in emer•gency situations. This would be tr•ue in (Cont. ) the cases of cal l er•s r•epor•ti ng burgl ar~i es that have al r•eady happened, and emergency situations would continue to be handled as quickly as possible. Ber~geron r•epor~ted that aver•age r•esponse times by the Sher~iff's Depar•tment for~ medical emer~gencies is 4 1/2 minutes, domestics is 6 minutes, bur•glar•y r•epor•ts is 15 minutes. Fahey noted the r•ecent cr~ime r•epor•t that came out indicating Little Canada's cr•ime r~ate to be higher~ than most cities included in the r•epor•t. Bergeron felt that the Neighborhood Watch Program would assist in r•educing the cr•ime r•ate. Scalze asked if ther•e were any bar•s or• multiple dwelling units that wer•e r•esponsible for a larger~ number~ of calls than aver~age that the City should be wor•ki ng wi th owner•s to r•educe cal l s. Ber•ger•on r•epor•ted that ther•e wer•e and he woul d be happy to di scuss these ar~eas with Scalze. Ber•ger•on also r~epor•ted that the sur•vey indicated a pr~oblem with r~udeness on the par•t of deputies. Ber•ger~on r~epor•ted that he contacted Decision Resour•ces, the company who conducted the sur~vey, and only two r•espondents to the sur•vey indicated a pr•oblem with rudeness on the par•t of deputies. Ber•ger•on felt that the Sher~iff's r•esponse time was good, but again r•epor•ted that dispatcher~s will aler~t people if a deputy is busy with an emer~gency and the deputy's estimated r•esponse time to a r•outine call. Scalze asked if deputies within the City wer•e concentr•ating on giving speeding tickets r~ather than handling more serious cir~cumstances. Ber•ger~on r•epor~ted that the Sher•iff's Department r•ecently r~eceived some complaints about tr•affic speed. Ber•ger~on also r•epor~ted that the sher~iff ticketing speeder•s is in addition to the nor•mal patr•ol within the City. Fahey acknowledged the cooper•ation the Sheriff's Depar•tment gives the Fir•e Depar~tment, and thanked Ber~ger•on for• his input this evening. Minutes Blesenar reported that on page 27, top paragraph of the April 27, 1988 Agenda Council meeting minutes, the cr~ack-filling equipment the City was Item No. 3 consider~ing pur~chasing was one year• old r•ather than thr~ee as r•eflected in the minutes and the pur•chase pr•ice was $4,500. Blesener• also r•epor•ted that the equipment was in good condition and it was pur•chased by the City. Page -2- MINUTES City Council May 11, 1988 Minutes Mr•s. Scalze intr•oduced the following r•esolution and moved its adoption: (Cont.) RESOLUTION N0. 88-5-179 - APPROVING THE MINUTES OF THE APRIL 27, 1988 REGULAR COUNCIL MEETING AS CORRECTED The foregoing r•esolution was duly seconded by Mr•. Collova. Ayes (5) Scalze, Collova, Fahey, LaValle, Blesener•. Nays (0). Resolution declar•ed adopted. This r•esolution appear~s in Resolution Book No. 19, Page 182. Center•ville Scalze repor•ted that the Par~k Commission r•ecently held a special meeting Road Ar•ea to r•eview par•k development concepts for• the Centerville Road ar•ea pr•oper•ty the City is pur~chasing and to make a r•ecommendation on the Agenda amount of acr•eage the City should pur•chase. The Park Commission Item No. 6 r•ecommended that the City pur•chase 12 acr~es of pr~oper•ty fr~om AIC Corpor~ation for a total park area of 33.88 acres. However, the Park Commission did not endor~se any par~ticular• development plan that was r•eviewed pending fur•ther~ study. Bill Sander~s appear•ed befor~e the Council to pr~esent development options for• the Center•ville Road ar~ea pr•oper•ty. Sander~s pointed out that the differ~ent acr•eage options include 25.92 acr~es, 29.9 acr~es or• 33.88 acr•es. If the City pur•chased 33.88 acr•es, ther~e would be 335 feet of pr~operty nor•th to Al1en that could be developed with an industr~ial development. Sander~s r•eported that he has pr•epar•ed no concept plans for~ the 25.92 acr•es as ballfields will not wor•k with that amount of acr•eage. Sander•s then r~eviewed Alter•native 1 with the Council which includes such facilities as 4 ballfields, centr•al building, full-sized soccer field, 90 car~ par•king lot off Center~ville Road, tennis cour•ts, basketball cour~ts, play ar•ea, tr•ail system, passive r•ecr•eation space, ponding area, and 31 car• par•king lot off DeSoto, picnic ar~ea and shelter. Ther•e is also the potential for• an additional ballfield. Acr•eage would be 33.88 acres. Sander•s r•eviewed Alter~native 2 which includes ~4 ballfields and basically the same facilities as in Alter•native 1. Ballfields in all pr~oposals ar~e 280 feet. Dual use of outfield ar•eas for soccer~ fields is pr•oposed as well. Sander•s r•epor~ted that the distance between ballfields is pr•oposed at 150 feet which he felt worked well aesthetically as well as practically. Sander•s r•epor•ted that ther•e i s a simi 1 ar par•k i n Fr•i dl ey that has the 150 foot distance between the fields with some mounding and development of the area between the fields that wor•ks well. Bleacher~s and foul lines would be located within the 150 foot separ•ation. LaValle felt that the distance from the par~king lot to the fields was Page -3- MINUTES City Council May 11, 1988 Center•ville too long. Road Ar•ea (Cont.) Sanders felt the distance was not uncommon with other• ballfield developments. Blesener pointed out that it might be better~ fr•om the neighbor~hood's point of view to have the ballfields located in the center• of the par~k to pr•otect r•esidents. Sander~s r~epor•ted that the ballfield system as pr~oposed wor•ks well for• softball, but not baseball. Sander~s suggested that one of the fields might be set aside for• development as a baseball field. Fahey agr•eed that the City wanted to accommodate Little League play on some of the fields. Sanders reviewed Alternate 3 which encompasses29.9 acres. There are 3 ballfields pr•oposed with r•oom for• expansion to a 4th field. The pr•oposal i ncl udes a 94 car• par•ki ng 1 ot. The bi g di ffer~ence i n the developments encompassing 29.9 acr•es and 33.88 acr•es is the buffer• ar•ea. The smaller• acr•eage pr~ovides 65 or 80 foot buffers while the lar•ger provides 110 and 160 foot buffer•s. Sander•s r•epor~ted that ther•e i s an exi sti ng pond on the pr•oper•ty and it may be mor•e economical to wor~k with the location of the existing pond than to tr~y to r~elocate the pond to the nor•theast cor•ner~ wher•e it is shown on the concept dr•awings. Scalze pointed out that moving the pond southward would eliminate the possibility of expansion of an additional ballfield. The City Engineer~ r•epor•ted that the pond could be relocated and this wor•k incor•por•ated as par~t of the gr•ading plan for~ the site. Sander~s then r•eviewed Alter•native 4 which includes 33.88 acr~es and has an 80 foot buffer• zone on the nor~th and 110 foot buffer• on the south. Alternative 5 was r~eviewed which consists of 29.9 acr~es and has a 50 foot buffer• on the south and 40 foot on the nor•th. Sander~s felt the 29.9 acr•es becomes too restrictive. Sander~s also pointed out that ther~e is a drainage pr•oblem on the site and the pr•oper•ty will need to be gr~aded proper•ly and swales installed to alleviate drainage problems. The extr•a acreage would be beneficial from this standpoint. LaValle pointed out that while Alternative 5 pr~ovides a 40 foot buffer~ on the nor•th ther•e woul d al so be the setback for~ the i ndustr•i al pr~oper•ty to the nor•th to consi der•. Sander•s r•epor•ted that a 20 foot setback i s r~equi r•ed of i ndustr~i al development bor•der•ing another• industr~ial development, and 40 foot setback is required when industrial borders residential. Sanders assumed a 40 foot setback woul d be r•equi r~ed of the i ndustr•i al pr•oper•ty to the nor•th. Page -4- MINUTES City Council May 11, 1988 Centerville Blesener• did not feel the City should use the buffer• on the industr•ial Road Area property as buffer to the park development. (Cont.) Collova asked how Sander~s ar•rived at the par•king pr~oposed on the various alternatives. Sanders r•epor•ted that he used par•king standar•ds as well as his own experience but felt the par~king shown was minimal. However, ther•e is r•oom for• expansion in all the alternatives. Collova pointed out that the 33.88 acr~es would make additional par•king mor~e feasible. Sander•s agr•eed. Sander•s stated that with the 29.9 acr~es and development of 4 ballfields, development of the site would be fr•om one edge of the pr•oper•ty to another•. Scalze asked if Sander•s pr•ovided additional r•oad r•ight-of-way for• OeSoto. Sander•s stated that he only took into consider•ation the 33 feet alr•eady dedicated and it was pointed out that an additional 17 feet would be needed which would pr~obably come fr•om this site. Jerr~y Rutler, AIC Corporation, owner of a portion of the site being consider•ed this evening, stated that if AIC Corpor•ation develops the industr~ial pr~oper•ty that would fall immediately nor•th of the par~k, it may be possible to pr•ovide par~k access fr•om the north and also to wor~k out an agr~eement for~ shared par•king for• the par~k with the industr~ial development to the nor•th. Collova pointed out that if the City purchases 33.88 acr~es ther•e would be 335 feet left nor•th to Allen. Collova asked if this was enough depth in order to develop the property. Sander~s felt ther•e would be adequate depth for~ an industr•ial development. Butler~ agr•eed, but pointed out that if the City purchased less land, the industr•ial pr~oper~ty to the north could be developed with lar•ger• buildings. Fahey r•epor~ted that the Little Canada Recr•eation Association has r•ecommended that the City purchase 33.88 acr•es of land in or~der~ to pr~ovide for• a better• lay-out of the land and future expansion r•oom. Scalze again outlined the recommendation of the Par~k Commission and pointed out that dr~ainage of the site is crucial and additional land woul d pr•ovi de mor~e r~oom to resol ve dr~ai nage probl ems. Fahey r~eviewed the City's finances as well as pending expenditur~es for~ par~k land acquisitions. Fahey noted that the City will only have appr~oximately $200,000 on hand for~ the AIC Cor~por~ation pr~oper•ty. Page -5- MINUTES City Council May 11, 1988 Center•ville fahey also pointed out that AIC Cor~por•ation has indicated that they Road Ar•ea would like a cash sale r•ather~ than ter•ms. This will leave the City (Cont.) appr•oximately $90,000 shor•t if 12 acr•es wer~e pur•chased fr•om AIC Cor•por~ation. Fahey suggested that action on the AIC Cor•por•ation purchase may have to be delayed until next year• in order~ for the City to finalize a pur•chase of Spooner~ Par•k. Blesener agr•eed, however•, suggested that the City purchase 8 acr~es fr•om AIC Cor•poration at this time and delay action on the additional 4 acr~es until next year•. Mrs. Scalze indicated that on page 6, 3rd paragraph of the May lith meeting minutes her statement should be corrected to reflect that the Correction City could ask the Little ~anada Recreation Rssociation to donate Res. no. an additional $90,000 towards the purchase of park property in the IIF3-5-200 Centerville Road area. Butler~ r~eported that AIC Cor~por~ation has some financing that is due in June and suggested that per~haps the City could take title to the 8 acr•es r~ight away and could pur~chase an option on the other~ 4 acr~es. This would allow AIC Cor•por•ation to use the additional 4 acr~es as collateral until such time as the pur•chase if finalized. Fahey suggested that, in effect, the City would have a two-year• contr•act for• the pur•chase of the additional 4 acr~es. Scalze pointed out that when AIC Cor•por•ation begins to develop its r•emaining pr•oper•ty, ther•e will be the City's par•k land dedication or•dinance r•equir•ements to satisfy and AIC may want to tr•ansfer a por•tion of these 4 acr•es to the City in satisfaction of that or•dinance. Butler again nointed out the possibility for• an easement to the nor•ther•n por•tion of the par~k which could be used to satisfy the City's par~k land dedication ordinance. The City Attor~ney r•epor•ted that AIC Cor•por~ation has r~etur•ned the option agr~eement the City submitted to them with a couple of r~evision r•equests. The fir~st is a r~equest for~ deletion of ter•minology r•egar•ding pending and futur•e assessments. Fahey felt the terminology should remain noting that this was required of other sellers in the Centerville Road area. The City Cler~k estimated pending assessments on the pr•oper•ty at $7,000. The City Attor~ney r•eported that the second condition AIC would like included is a r•eversion amendment which indicates that if the pr•oper~ty i s not used for• par~k pur•poses, the pr•operty wi 11 r•ever~t back to the seller who will then r•eimbur~se the City the sale pr~ice. Butler• explained that AIC Corporation would like this pr•ovision to pr•otect themselves if the City decided to sell the pr~oper~ty to another• developer. Page -6- MINUTES City Council May 11, 1988 Centerville Road Ar~ea (Cont.) Fahey stated that he was opposed to such a condition because it is a per•manent situation. Scalze pointed out that the City would be in tr~ouble with its citizens if the proper~ty was not developed for• par•k pur•poses since ther•e ar•e local gr~oups donating money for~ this par•k. Butler• agr•eed that the reversion stipulation should be r•emoved. Mr•s. Scalze intr•oduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-5-180 - AUTHORIZING THE CITY ATTORNEY TO PREPARE A PURCHASE AGREEMENT FOR 8 ACRES OF PROPERTY OWNED BY G. N. BUTLER COMPANY AT A PURCHASE PRICE OF $24,200 PER ACRE WITH A CASH PAYMENT TO BE MADE IN 1988, INCLUDING TERMS CONSISTENT WITH OTHER OFFERS FOR PROPERTY MADE BY THE CITY IN THIS AREA, AND FURTHER INSTRUCTING THE CITY ATTORNEY TO PREPARE A 12-MONTH OPTION OR PURCNASE A6REEMENT FOR AN ADDITIONAL 4 ACRES OF PROPERTY FROM G. N. BUTLER CORPORATION, THE OPTION OR PURCNASE AGREEMENT TO BE DETERMINED BY THE CITY ATTORNEY, AT A PURCHASE PRICE OF $24,200 PER ACRF WITH PURCHASE TO BE FINALIZED DURING 1989 OR SOONER The for•egoing r•esolution was duly seconded by Mr~. Blesener•. Ayes (5) Scalze, Blesener•, Fahey, Collova, LaValle. Nays (0). Resolution declar•ed adopted. This resolution appear~s in Resolution Book No. 19, Page 183. Dlesener~ indicated that the Par•k Commission and Recreation Association should wor~k on the pr~oposed development plans for the par•k and suggested that consideration be given to the r~esults of the City's r•esidential sur•vey. Scalze agreed and suggested that some joint sessions be conducted between the two gr•oups. Butler~ suggested that a pur•chase agreement might be better• for• the 4 acr~es r•ather• than an option agr•eement. Council advised the City Attor•ney to consider• a pur•chase agr•eement ver•sus option agr•eement and pr•epar•e whichever• is pr•efer•able for• the 4 acr•es. Page -7- MIPdUTES City Council May 11, 1988 Ger•vai s Fa.hey r~evi ewed the r•epor•t submi tted by the Ci ty Engi neer• for~ pr•ovi di ng Over•look sewer• and water~main improvement to the Ger•vais Overlook Addition located Addition in Maplewood. Scalze stated that she was of the impr•ession that the City would r~un sewer• and water~ to the edge of this pr~operty, and the developer~ would extend the utilities into the site. Scalze noted that the City has never~ extended utilities into other~ developments located in adjacent cities. Scalze stated that she was of the impressionthat a calculation of the water• connection charge would be made similar to what the City did when pr•oviding water• to Cub Foods. The City Cler•k noted that if Car•la Lane wants water~ it will have to come fr~om the City of Maplewood. Fahey replied that this was a separ•ate situation and when and if Carla Lane wants water~, the r~esidents will have to look at the var•ious costs involved to deter•mine if it is financially feasible. The City Clerk repor•ted that ther•e is a petition for• water•main impr~ovement for~ Edger•ton Str•eet and that ther•e is ver•y little footage left in the City to assess such impr•ovements over•. Fahey stated that the City cannot change its policies mid-str•eam and felt that the Ger•vais Over•look Addition would have to be tr•eated in the same manner• as Cub Foods. The City Cler•k r~epor~ted that Maplewood would be willing to assess the impr•ovement, however•, noted that the City does not have the valuation of the property and pointed out that the valuation system is curr•ently being changed. The City Engineer stated that he thought the City Auditor~ would calculate the connection char•ges. Scalze felt that it was not in the best inter•ests of the City to build water~main in Maplewood and stated that she would need to be convinced to extend water• past the Maplewood line. Ken Gust, engi neer~ r•epr~esenti ng Don Nel son, the owner~ of the pr•oper~ty, r•epor~ted that ther•e is sanitar•y sewer~ to the manhole at the edge of the pr•oper~ty. Gust repor•ted that Mr. Nelson would extend the utilities from the edge of the pr~oper•ty line. Gust stated that they would like to know what the City policy is for• providing water• to pr•oper•ties located outside the City as well as the costs involved. Fahey pointed out that utilities would have to be put in to City specifications. Page -8- MINUTES City Council May 11, 1988 Ger•vai s Overlook Addition (Cont.) R&S Automotive Expansion Agenda Item No. 8 The Ci ty Cl er•k poi nted out that the sewer• i s the Metr~o Sewer Inter~ceptor•. The City Engineer• r•epor•ted that Maplewood specifications could be followed for• the sewer•, however; Little Canada specs would need to be followed for~ the water•main. The Ci ty Engi neer r•epor•ted that he wi 11 deter•mi ne the costs for• br~i ngi ng Little Canada water•main to the edge of the proper•ty and will ask Bob Voto deter•mine a connection char•ge based on the for•mula used to deter•mine Cub Foods' connection char•ge. However•, the City Engineer pointed out that water•main would have to be br•ought past 7 or• 8 lots in Little Canada some of whom may not be in favor of a watermain improvement and ther•e ar•e also some lots in Maplewood that the City could not assess. Blesener suggested that the costs be put together• and pr~esented to Mr~. Nelson. It may be that Mr•. Nelson will have to assume the total cost in or•der~ to get water• to his pr~operty. This is something that Nelson will have to consider•. Fahey noted that the pr•evious r~esolution of Apr•il 13th still stands which dir•ects the City Engineer• to put together~ the estimated costs for• br~i ngi nq uti 1 i ties to the edge of the Ger•vai s Over~l ook Addi ti on. It was noted that only the water•main costs need to be deter•mined. The Mayor r~eviewed the Planner•'s repor•t dated May 5, 1988 r~egar~ding the R& S Auto Salvage expansion proposal. Since the applicant did not r~ecei ve a copy of the r~epor•t one was pr~ovi ded. Fahey al so instr~ucted the City Cler•k to pr~ovide similar• repor~ts to applicants pr•ior• to the meetings so that they may be pr•epar~ed to r•espond. Council r•eviewed the Planner•'s r•ecommendation that since there ar•e two pr•incipal uses on one lot, the pr~oper•ty should be subdivided. This would also requir•e the clean-up of the auto salvage oper•ation which would be located on the newly cr~eated lot. Scr•eening of the auto salvage oper~ation would also be r•equired. Collova asked if the building expansion would be sprinkler~ed. Louie Rustad, R& S, r•eplied that the expanded pole building would be spr•inkler~ed. Blesener~ suggested that the applicants meet with the Planner to discuss his r~ecommendations and deter~mine whether~ or• not the proposal is feasible. Scalze suggested that at the time a lot split is appr•oved, the City may want to r•equir~e impr•ovement of the cul-de-sac at the end of Woodlyn Avenue. Fahey suggested that the City Engineer• look into this at the time a lot split is applied for•. In the meantime, the applicant should Page -9- MINUTES City Council May 11, 1988 R& S meet with the Planner•. It was noted that a var•iance may be necessar•y, Automotive however•, the City Planner would make this deter•mination. However•, Expansion Council infor•med the applicant that the or•dinance does not allow the (Cont.) cr~eation of a new lot which would r•equir•e a variance. Fahey r•eported that after• the pr•oposal i s r•evi ewed by the P1 anner~, and if it is found to be feasible, an application would have to be submitted thr~ough formal channels, first to the Planning Commission for• a r•ecommendation and then to the Council. Recess At this point in the meeting, 9:04 P.M., Council took a shor~t r~ecess. The meeting was r~econvened at 9:13 P.M. Announce- Fahey r•epor~ted that on May 20, 21, and 22, 1988 the Nor~th Subur•ban ment public access channels will hold a live accessathon. The accessathon will be on Pubic Access Channel 33 and on Gover~nment Access Channel 16. Bever~ly Scalze will be featur~ed on the accessathon. Bingo Fahey r•epor•ted that the City has r•eceived applications for~ r~enewal License of bingo licenses fr•om the Little Canada Fir~e Depar•tment, Lake Owasso Renewals Childr•en's Home and the Nor~th Suburban Youth Association. Fahey Fir~e Dept. r'epor•ted that ther•e has been a lack of communication with these , Lake Owasso three char~ities and financial infor~mation has not been submitted h's Jose d St ~ f M Homes, p . y an ar in the same for•mat has was done by Ser~vants o Nor•th Society. Subur~ban Youth Fahey fur•ther r~epor~ted that Councilman LaValle, ser~ving as liaison Assoc to the Little Canada Bingo Hall, has developed a for~mat for• r•epor•ting . of fi nanci al i nfor•mati on. Fahey r•epor•ted that ther•e ar~e r•epresentati ves Agenda present from the Lake Owasso Childr•en's Home and Nor•th Suburban Youth 17a Item No Association who have indicated that they will comply with the financial . r•eporting r~equir•ements of the City. The Fir•e Department has also indicated that they will submit necessar~y financial infor•mation. Fahey r•epor•ted that the financial infor•mation the City is r•equesting is in addition to the r•epor•ting requirements of the State. The City is looking for a simple way for• the Council to r•eview financial information and compare nights of operation between the var~ious charities. Fahey suggested that since the applications ar~e now within the 30-day per•iod dur~ing which the City has to act on these applications, that the City appr•ove the applications with the condition that the necessar•y financial data be submitted within two weeks. Failur•e to pr~oduce that information will deem the licenses denied. Scalze r•epor~ted that the for~mat she wants to see is not the one developed by Mr•. LaValle, but r•ather the for•mat that St. Joseph's Page -10- MINUTES City Council May 11, 1988 Bingo and Ser~vants of Mar•y have been using. (Cont.) Collova agr•eed that this for•mat shows the complete financial pictur•e. LaValle pointed out that this for•mat does not br•eak out the pull-tab income. LaValle pointed out that the infor•mation r•equir•ed on his for~m can be pulled from the check register for each charity. Fahey agreed ther•e needed to be a consistent method of r•epor•ting financial infor•mation to the City common to all the char•ities. Fahey agr~eed that the infor~mation r•equested by Scalze and Collova was necessar•y plus bingo and pull-tab income for• each night should be summar•ized on a monthly basis along with contr~ibutions made. Scalze stated that she was comfor•table with the for•mat used by Ser•vants of Mar•y and St. Joseph's. Bob Mattson, r•epr•esenting Nor~th Subur~ban Youth Association, r•epor•ted that they will r•epor•t ever•ything and anything the City wants. Mattson r~eported that he r•ecei ved a 1 etter• fr•om LaVal l e outl i ni ng the i nfor~mati on he wanted and he tr•ied to comply with this r~equest. LaValle is r~equesting a quarterly report. Scalze agr•eed that bingo and pull-tab income should be separ•ated. Scalze stated that she did not believe the char~ities should be r•equir~ed to r•epor•t on a monthly basis, but rather• at license renewal time. Blesener~ commented that he believed that the City only for~mally r•equested the same financial forms that ar•e submitted to the State. Mattson repor•ted that one contr•ibution Nor•th Subur~ban Youth Association made was to finance a Day Camp Program in Little Canada. Mattson also submitted a check to the City to help satisfy their• willingness to contribute 10% of pr•ofits to the City. Mattson r~eported that another• check would be for•thcoming shor•tly. Fahey thanked the Nor•th Subur•ban Youth Association on behalf of the City. Blesener• suggested that the char•ities get together~ and put together~ an acceptable for~mat for• r•epor•ting financial infor•mation to the City. Scalze again stated that she wanted the same information r•epor•ted as Servants of Mar•y and St. Joseph's are cur•r•ently pr•oviding. Mattson suggested that the Fire Department, Lake Owasso, and Nor•th Subur•ban Youth obtain a blank copy of the for•mat Ser~vants of Mar•y and St. Joseph's ar•e using and that they will pr~ovide the City this infor•mation. Mattson r•epor~ted that when the Nor•th Subur•ban Youth Association fir•st became involved in bingo they did not know what kind of income would be gener~ated, and estimates were ar~ound $100,000 per• year•. Mattson r~epor~ted that for~ the 10 months that Nor•th Subur~ban has Page -11- MINUTES City Council May 11, 1988 Bingo (Cont.) been in oper~ation they have made $45,000. LaValle again stated that he would like to see the quar~ter•ly r•epor•t in the for•mat he has put together~. This for~mat r~equires bingo and pull-tab income to be r~epor~ted separ•ately. Fahey suggested that for~ those or•ganizations that ar•e using pr•ofits inter•nally, a monthly r•epor•t be made showing how their• pr•ofits ar•e being used. Scalze stated that she wanted the same for•mat for• all the char~ities so that she can compare profits fr•om Fr~iday nights, for~ example, for• each char~i ty when oper•ati ng on a Fr•i day ni ght. Scal ze fel t that the fi gur•es for~ each night of the week should be fair~ly close r~egar•dless of which char•i ty i s oper•ati ng on a par•ti cul ar• ni ght. Fahey stated that he is comfortable enough with the way the oper•ation is r•unning to appr•ove the licenses pending receipt of the financial infor~mation. Fahey noted that the State is r~esponsible to deter•mine whether• the char•ities are in compliance with State law. Mattson stated that the char•ities will get together• and come up with a common r•epor•ting for•mat that will be acceptable to the City. Fahey stated that he wanted to see daily income separ•ated between bingo and pull-tabs. Collova agr•eed that a standard for•mat was needed. Mr•. Fahey intr~oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-5-181 - APPROVING THE GAMBLING LICENSE APPLICATIONS SUQMITTED BY LITTLE CANADA FIRE DEPARTMENT, LAKE OWASSO HOMES, AND NORTH SUBURBAN YOUTH ASSOCIATION CONTINGENT UPON THESE ORGANIZATIONS SUBMITTING TO CITY STAFF WITHIN TWO WEEKS FROM TODAY'S DATE, AS WELL AS ON AN ANNUAL BASIS, TO BE RECEIVED AS PART OF THE REAPPLICATION PROCESS AT LEAST 60 DAYS PRIOR TO RENEWAL DATE OF THEIR GAMBLING LICENSES THE APPROPRIATE ACCOUNTING REPORTS SHOWING SEPARATELY FOR BINGO AND PULL-TABS THE GROSS SALES, PRIZES, NET RECEIPTS, COST OF TABS, COST OF SALES TAXES PAID, SALARIES, RENT, MISC. EXPENSES, AND F.EDERAL PULL TAB TAXES PAID, AS WELL AS CONTRIBUTIONS FOR EACH OPERATION WHICN INCLUDES FOR THOSE ORGANIZATIONS WNOSE PRIMARY USE OF THE FUNDS IS INTERNAL, SPECIFIC DESCRIPTIONS OF WHERE FUNDS ARE BEING USED, AND IN ADDITION, EACH OPERATION IS TO LIST FUNDS RECEIVED FROM BOTH THE BINGO OPERATION AND PULL-TABS FOR EACH DAY THEY OPERATE AND FAILURE TO PRODUCE THIS INFORMATION WILL DEEM DENIAL OF THE GAMBLING LICENSE APPLICATIONS Page -12- MINUTES City Council May 11, 1988 Singo The for•egoing resolution was duly seconded by Mr•. Blesener~. (Cont.) Ayes (4) Fahey, alesener, Scalze, Collova. Nays (1) LaValle. Resolution declar•ed adopted. This r~esolution appear•s in Resolution Book No. 19, Page 184. LaValle stated that he would like to see the char•ities operating at the bingo hall submit the finanr.ial report which he has put together. Fahey suggested that quarterly reports would be preferable to monthly reports, and the quarterly report should include a list of contributions made by the char~ities. Fahey agr•eed that the for•m LaValle put together• would also be helpful in the Council's review of the bingo oper•ations. Mr•. LaValle intr•oduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-5-182 - REQUIRING FROM RGANIZATIONS NOLDIPIG CHARITABLE GAMBLING LICE~ISES FOR BINGO AND PULL-TABS A QUARTERLY R~PORT INDICATING AMOUNT OF INCOME FROM PULL- TABS AND BINGO FOR EACH SITE TNE CHARITY OPERATES WITHIN THE CITY OF LITTLE CANADA AS WELL AS A LIST FOR EACH QUARTER OF LAWFUL EXPENSES EXCLUDING NORMAL OPERATING COSTS SUCH AS REMT, SUPPLIES, ETC. The for~egoing r~esolution was duly seconded by P9r•. Fahey. Ayes (5) LaValle, Fahey, Collova, Blesener•, Scalze. Nays (O1. Resolution declar•ed adopted. This r•esolution appear•s in Resolution Book No. 19, Page 185. Blesener• expr•essed concer•n with having a liaison to the bingo hall noting that the City does not have liaisons to other• businesses oper~ating with the City. Blesener• felt that any cor•r•espondence going to the bingo hall should be from the Council as a whole and concer•ns or• suggestions for~ the oper•ation of the bingo hall should be discussed with the Council fir•st. Fahey agr•eed that specific dir~ection on operational matter•s should be coming fr•om the Council as a whole. Council agr~eed that Mr•. LaValle's dealings with the bingo hall should be mor•e infor~mational as well as should include a liaison r~elationship with the State Gambling Control Boar~d r•ather than the Little Canada Bingo Hall. LaValle asked if the Little Canada/Vadnais Heights Chamber• of Commer•ce has a gambling license since to his knowledge they ar~e oper•ating a game of chance. Page -13- MINUTES City Council May 11, 1988 Bingo (Cont.) Eng Dr•ai nage Matter~ Agenda Addition The Council was not awar~e of a gambling license held by the Chamber•. Mr•s. Eng appear•ed befor•e the Council concer•ning the dr~ainage pr~oblem she is exper•iencing on her• pr•oper•ty on County Road B-2. Eng r~eported that she fir~st br•ought this pr~oblem to the City's attention in October•. Eng then outlined the contents of a December~ 14, 1987 r~epor•t from the Ramsey County Public Wor•ks Department on the dr~ainage pr~oblem. Fahey pointed out that while the County has indicated that they will clean the ditch and r~ebuild some dr~ainage str•uctures, the County has not indicated that they would cor•r•ect the pr•oblem with standing water in the fr•ont of the Eng lot. Eng r•epor~ted that this past weekend the contractor~ for~ the lift station pr~oject was finishing up and did some additional r•egr~ading of the pr•oper•ty acr•oss the str~eet at the r•equest of that pr•operty owner~. Eng r~epor~ted the fact that they have invested a gr•eat deal of money into dr~ain tiling ar•ound their~ home. Eng also r~epor•ted that culver•ts i n the ar~ea ar•e pl ugged wi th mud and after• a heavy r•ai n they get standing water• in their~ fr•ont yar~d. The City Engineer~ r•epor•ted that when he looked at the pr•operty last fall, he deter~mined that the lake level was 1 foot higher• that the level of the water• i n the di tch i n fr•ont of the Eng home. The Engi neer• was concer•ned that if the water•way between the Eng and Hammond pr•oper~ties was opened up, the water fr~om the lake would flow to the fr•ont of the Eng house. Eng r•epor~ted that ther•e was never a pr•obl em wi th standi ng water~ unti 1 the Metr•o Sewer~ Inter~ceptor Li ne was i nstal l ed. Eng r~epor~ted that her~ proper•ty taxes keep incr~easing, but so does damage to her• pr•oper•ty. Fahey pointed out that the Eng pr•operty is too low. Eng asked why a building per•mit was ever~ issued for~ the pr•oper•ty. Fahey noted that since the time the building per~mit was issued, Codes have changed. Under~ today's Code a building per•mit would not be issued since the pr•oper•ty is within the flood plain. Fahey did not feel the pr~oblem was a City pr~oblem. Fahey pointed out that County Road B-2 is a County r•oad. The City has done nothing to contr•ibute to the water~ level of Ger~vais Lake which is higher• than the water• level of the ditch in fr•ont of the Eng pr•oper•ty. Fahey pointed out that water• will seek the lowest level. The City Engineer• pointed out that last year• he investigated var~ious options for• cor~r•ecting the problem, such as r•aising the Eng home. However•, he deter~mi ned that such a pr~oject woul d not qual i fy for~ gr•ant assistance. Page -14- MIMUTES City Council May 11 , 1988 Eng Fahey asked if the development of the Nammond pr~oper•ty contr•ibuted to Dr•ainage the dr•ainage pr~oblem. (Cont.) The Engineer• r•eplied that when Hammond filled a por•tion of his pr•oper•ty he r•eplaced the stor•age that was lost. The City Engineer• suggested that he follow thr•ough with the County to see that they do the impr~ovements they have indicated. However•, the City Engineer• could not guar~antee that the Eng pr•oper•ty would dr•y up as a r~esult of these impr•ovements. Mr~s. Eng r•epor•ted that a r•epr~esentative fr~om the City Engineer~'s office once indicated that the culver•t pipes coming fr~om the south should have been located one lot further to the east. Fahey as!~ed if the level of the ditch in fr•ont of the Eng home could be r•ai sed to di r•ect water• i nto the Hammond pond. The City Engineer• stated that he would look at it, however•, pointed out that the fall is only a matter• of inches. The Engineer• suggested that the cur•bing impr~ovements suggested by the Council will dir~ect water• into the Nammond pr•oper•ty r•ather• tYian the Eng pr•operty. Scalze suggested that the Engineer• look at the culver•ts coming fr•om the south and deter•mine if they should be moved fur•ther~ east. Scalze suggested that the Ci ty pr•essur~e the County to do some cor~r~ecti ve wor•k on this drainage problem. -~o-~"" te • aY n Correc~~o~ 20~ r 5 Blesener~ agr•eed that the only way to addr~ess the standing wa Res. move the cul ver•ts fur~ther• east. Fahey instructed the City Engineer to look at the problem and seek the cooperation of the County in resolving the matter. Thunder• Bay Bill Sander•s r•epor~ted that NSP has contar,ted him and indicated that Par~k they ar~e willing to dedicate their• pr•oper~ty wi.thin Thunder• Bay Par•k to the City. NSP would then r~etain an easement over• the pr•oper•ty for• Agenda purposes of the power~line. Addition Fahey asked if the City r•eceives any taxes fr•om this pr~oper~ty. The City Clerk reported that the City does receive personal property taxes fr~om the pr•oper•ty, although he was not sur•e of the amount. The City Cler•k r•aised the issue of insurance liability should the City accept the pr~oper•ty. The City Attor•ney suggested that he consider~ the matter• and make a r•ecommendation to the Council at its next meeting. However~, the Attor•ney did not think insur•ance liability incr~eased if the City owned the property and it was used for park purposes over the situation of NSP owning the proper~ty and the City used it for~ par~k pur•poses. The Attor•ney also suggested that the amount of taxes gener•ated fr~om the property be deter~mined. Page -15- MINUTES City Council May 11, 1988 Thunder~ Bay Scalze r~epor•ted that the Par•k Commission would like author~ization to Par•k (Cont.) call for• bids for grading and tr•ail impr•ovements in Thunder• Bay Par•k fr•om Payne Avenue to Gr•eenbrier~. The Park Commission has money budgeted for these impr•ovements. Mr•s. Scalze intr•oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-5-183 - AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR TRAIL AND GRADING WORK FOR THUNDER BAY PARK The for•egoing r•esolution was duly seconded by Mr•. LaValle. Ayes (5) Scalze, LaValle, Collova, Fahey, Blesener•. Nays (0). Resolution declar•ed adopted. This r~esolution appear~s in Resolution Book No. 19, Page 186. Swimming Fahey r•epor•ted that it has been deter•mined that ther~e is encr•oachment Pool of a pr•ivate swimming pool onto City proper~ty by about 15 feet. Fahey Encr•oachment suggested that the City write the proper~ty owner• a letter• r~equesting On City that the encr~oachment be r~emoved. Property Scalze pointed out that the City pr•oper•ty onto which the swimming pool Agenda is encor~aching was obtained by tax for•feitur~e, and the City could not Item No. 16b sell the pr~oper•ty to the pr~oper•ty owner~ to r~esolve the encr•oachment problem. Scalze pointed out that obviously the pr•oper•ty owner~ never obtained bui 1 di ng per•mi ts for~ ei ther the pool or• fence sur•r•oundi ng the pool . Mr•s. Scalze intr~oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-5-184 - AUTHORIZING THE CITY ATTORNEY AND BUILDING IPISPECTOR TO WORK WITN THE PROPERTY OWNER ON TNE MATTER OF SWIMMING POOL ENCROACHMENT ONTO CITY PROPERTY The for~egoing r•esolution was duly seconded by Mr•. Blesener•. Ayes (5) Scalze, Blesener, LaValle, Fahey, Collova. Nays (0). Resolution declar•ed adopted. This r•esolution appear~s in Resolution Book No. 19, Page 187. Day Camp Jim Morelan, Recr•eation Director•, repor•ted that the Nor•th Subur•ban Pr•ogr~am Youth Association is funding a Day Camp pr~ogr•am which will be held Funding at Little Canada Elementar•y School in the amount of $8,000. However•, Agenda When the pr~ogr•am was put together•, time necessar~y for~ teacher•s to Addition cr•itique the pr~ogr•am and make plans for• the following day's activities Page -16- MINUTES City Council May 11, 1988 Day Camp Pr•ogr•am (Cont.) was over•looked. Mor•elan r~epor•ted that an additional $500 in funding is needed for~ these activities. Mr~s. Scalze intr~oduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-5-185 - AUTHORIZING TNE EXPENDITURE OF $500 fOR TNE DAY CAP1P PROGRAM TO BE CONDUCTED AT LITTLE CANADA ELEMENTARY SCHOOL The for•egoing resolution was duly seconded by Mr~. LaValle. Ayes (5) Scalze, LaValle, Collova, Blesener•. Fahey. Nays (0). Resolution declar•ed adopted. This resolution appear~s in Resolution Book No. 19, Page 188. The City Cler•k suggested that the money for~ the Day Camp Pr~ogr•am be taken fr•om the Gener~al Fund-1988 Contingencies. Scalze asked how many childr•en wer~e r~egister•ed in the pr•ogr•am. Morelan r•eplied that ther•e are cur•r~ently 140 childr~en r•egister•ed wi th the appl i cati on per•i od r•unni ng unti 1 Fr~i day. Mor~el an r•epor•ted that the progr•am was planned to accommodate 100 to 120, however•, thought that all childr•en could be accommodated by incr•easing class sizes. Cur•rent applicants ar•e being placed on a waiting list, however•. Blesener suggested that the Council would be willing to consider• additional funding of the progr~am to accommodate all applicants. Blesener~ sug,qested that, if necessar•y, Mor~elan come back with a r•equest for~ additional funding. Por•nogr•aphy Fahey r•epor~ted that he appear•ed at a r•ecent meeting of the Nor•th On Cable TV Suburban Cable TV Commission to discuss pr•onogr•aphy on Cable TV. The Commission has determined that some materials being br~oadcast on Cable Agenda TV ar•e pornogr•aphic. The Commission's Attor•ney has agr~eed. It is felt Addition by the Commission that the Cable TV Company is not living up to its fr•anchise agreement which states that pr•onogr•aphic mater•ials will not be broadcast. At the Commission meeting Bill Blesener made a motion instructing Commission member•s to go back to their~ City Councils to deter•mine if they want to endor•se litigation. Blesener• stated that his motion was for• the Cable Commission to send a letter• to the Cable Company stating that it is dissatisfied with the movies being shown and r•equesting that they be r•emoved. A wr~itten r•eply is r~equested fr•om the Cable Company to the var•ious cities. A r•eply has not been r•eceived at this point. Fahey stated that the fr•anchise agr•eement pr•ovides for• sanctions if Page -17- MINUTES City Council May 11, 1988 Por•nogr~aphy the fr•anchi se agr•eement i s vi ol ated. The agr~eement al so pr•ovi des that On Cable TV if the Commission takes the Company to cour•t and is successful, the (Cont.) Cable Company must pay the court fees. Fahey felt that the por•nogr•aphy being shown on Cable TV was clear•ly a breach of contr•act since the Cable Company agr•eed not to show obscene mater•ial. The question is whether• or~ not the Commission can establish that the movies ar~e obscene. Fahey also noted the new State Law which goes into effect on June 1, 1988 which is identical to the obscenity standar•ds established by the Supr~eme Cour•t. Fahey noted that these standar~ds will now apply to all video stores within the City and suggested that a copy of this new law be sent to both the Cable Company and all video stor•es within the City. Blesener~ agr•eed. However~, Blesener• felt that action on the matter• should be tabled until the City receives a r•esponse fr~om the Cable Company. Fahey stated that he would pr•epare an appropr•iate letter advising video stor•es as well as the Cable Company of the new State law which is effective June 1, 1988. Spooner• Fahey r~epor•ted that the School Boar•d r•ecently met on the City's counter•- Par~k offer~ for• the pur•chase of Spooner~ Park for• $470,000. The School Boar•d Pur•chase is r•equesting two contingencies. The fir•st is that the City will waive the appr•oximately $13,000 in assessments on the pr•oper•ty. Fahey did not A~~nda feel it appr•opr•iate to waive these assessments noting that the City is Addition paying fair~ mar•ket value for the pr~oper•ty and it is customary for seller~s to pay assessments. Blesener~ pointed out that the City is not waiving assessments on the property being purchased in the Centerville Road area. Collova agr•eed that the assessments should not be waived pointing out that he feels the $470,000 pur~chase price is too high. Mr•. Blesener• intr•oduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-5-186 - INSTRUCTING THE CITY CLERK TO SEMD A LETTER TO THE SCHOOL DISTRICT INFORMING THEM THAT THE CITY COUNCIL IS OFFERING $470,000 FOR THE PURCHASE OF 21.7 ACRES OF PROPERTY KNOWN AS SPOONER PARK AND THE CITY WILL NOT ASSUME ANY ASSESSMENT COSTS The for•egoing r~esolution was duly seconded by Mr•. Collova. Ayes (5) Blesener•, Collova, LaValle, Fahey, Scalze. Nays (0). Resolution declar•ed adopted. This r•esolution appear•s in Resolution Book No. 19, Page 189. Page -18- MINUTES City Council May 11, 1988 Spooner~ Fahey r•epor•ted that the School Distr•ict also wants assur~ance that if Par~k ( Cont. ) the Ci ty pur~chases the property i t wi 11 be used for• par•k pur•poses for as long as they have a school located adjacent to it. The School Distr•ict wants a restrictive covenant placed on the pr~oper•ty restr•icting its use to par•k and r•ecr•eation pur~poses. The City Attor•ney pointed out the difficulty the property owner of the old Little Canada School building had in dealing with the School Distr~ict on that site. Therefor•e, the Attor•ney did not feel the City should put itself into a position of needing the consent of the School Distr•ict on Spooner• Par~k. The Attor•ney stated that the convenant would be a cloud on the title of the pr~oper~ty. Fahey noted that the City is paying fair• mar•ket value for• the land and if a developer~ pur•chased the pr•oper•ty at fair• mar~ket value, ther•e would be no r•estr•ictions placed on the land. Fahey suggested that the City give the School Distr•ict a letter~ of intent stating that the pr~oper•ty would be used for~ par•k pur•poses. Scalze pointed out that the City is pur•chasing the pr~oper~ty under• the assumption of R-1 zoning r•ather than Public zoning. The City is paying a pr•emium for• the land because of this and felt that ther~e should be no r•estr~ictions placed on the pr~oper~ty. Blesener agr•eed that r•estr~ictions lessen the value of the land. Mr. Fahey intr•oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-5-187 - INSTRUCTING THE CITY CLERK TO ADUISE THE SCHOOL DISTRICT THAT BASED ON THE ADVICE OF THE CITY ATTORNEY TO THE CONTRARY AND GIVEN THE FACT THAT THE CITY IS PAYING WNAT IT BELIEVES TO BE FAIR MARKET VALUE FOR SPOONER PARK, IT DOES NOT AGREE TO A REVERSIO~IAGREEMENT AS PART OF THE SPOO~IER PARK PURCHASE, BUT 41ILL SUBMIT TO THE SCHOOL DISTRICT A LETTER OF INTENT AS TO TNE CITY'S USE OF TNE PROPERTY FOR PARK PURPOSES AND WILL WORK WITH THE SCNOOL DISTRICT IN THE FUTURE IN THE EVENT OF ANY CNAPJGE IN THAT USE The for~egoi ng r~esol uti on was duly seconded by Mr•. B1 esener~. Ayes (5) Fahey, Blesener•, Collova, LaValle, Scalze. Nays (O1. Resolution declared adopted. This r~esolution appear•s in Resolution Book No. 19, Page 190. The City Engineer• repor•ted that he will be meeting with Paul Bor•g to show him the boundar~ies of the pr•oper~ty that the City is pr~oposing to pur•chase. Page -19- MINUTES City Council May 11, 1988 Liftchair• The City Engineer• submitted bids from Minnesota Home Elevator• and For~ Advent Constr•uction for• installation of a liftchair• at the LeClair•e LeClair•e Hall. The Engineer~ r•ecommended appr•oval of these bids. Nall Bl esener• asked i f ther~e wer•e not 3 bi ds r~ecei ved. Agenda Item No. 9 The Ci ty Cl er~k repor~ted that 3 1 etter•s of i nter~est wer~e r•ecei ved from var•ious companies, however~, no other~ bids wer•e r•eceived. Blesener~ asked if the building owner~ has r•eviewed the bids. The City Cler•k r~eplied that he believed the Building Inspector• has discussed the bids with the building owner•. Scalze felt that any City contr~actor•s being awar•ded bids should have a business license. The City Cler•k replied that Advent Constr•uction does have a contr~actor•'s license. Mr•. Blesener intr•od~aced the following resolution and moved its adoption: RESOLUTION N0. 88-5-188 - APPROVING THE BIDS SUBMITTED FROM MIN~lESOTA HOME ELEVATOR AND ADVENT CONSTRUCTION FOR INSTALLATION OF A LIFT CHAIR AT THE LECLAIRE HALL The for•egoing r•esolution was duly seconded by Mr~. Collova. Ayes (5) Blesener, Collova, Fahey, Scalze, LaValle. Nays (0). Resolution declar•ed adopted. This r•esolution appear•s in Resolution Book No. 19, Page 191. Assessment The City Engineer• submitted for~ appr•oval an assessment r•eappor~tionment Reappor~tion- for• Division No. 061446. ment Div. No. Mr•. Fahey intr•oduced the following r~esolution and moved its adoption: 0614A6 RESOLUTION N0. 88-5-189 - APPROVING THE Agenda ASSESSMENT REAPPORTIONMEPdT FOR IIIVISION PIO. Item No. 10 061446 BASED ON THE RECOMMENDATION OF THE CITY ENGINEER The for~egoing r~esolution was duly seconded by Mr•s. Scalze. Ayes (51 Fahey, Scalze, LaValle, Collova, Blesener•. Nays (0). Resolution declar~ed adopted. This r~esolution appear•s in Resolution Book No. 19, Page 192. Page -20- MINUTES City Council May 11, 1988 Economic Council scheduled a meeting of the Economic Development Committee Development for• Wednesday, May 25, 1988 at 7:30 A.M. at which time the Committee Committee will r•eview the City's new mar•keting br•ochure. Agenda Item No. 12a Jim Block Mr•. Fahey introduced the following r•esolution and moved its adoption: Certificate Of RESOLUTION N0. 88-5-190 - AUTHORIZING Appr~eciation THE ISSUAMCE OF A CERTIFICATE OF APPRECIATIOP! TO JIM BLOCK FOR HIS SERVICE TO THE COMMUNITY Agenda THROUGH THE LITTLE CANADA/VADNAIS HEIGHTS Item No. 12c CHAMBER OF COMMERCE SINCE BLOCK IS LEAVING THIS CHAPTER TO SERVE IN THE ROSEVILLE CHAPTER The for•egoing r•esolution was duly seconded by Mr~s. Scalze. Ayes (5) Fahey, Scalze, Blesener, Collova, LaValle. Nays (0). Resolution declar•ed adopted. This r~esolution appear•s in Resolution Book PJo. 19, Page 193. Canadian Fahey r~epor•ted that Canadian Days is scheduled for~ the fir•st weekend Days in August which is August 5, 6 and 7, 1988. Anyone inter~ested in Agenda volunteer~ing to help plan the event can contact either• Ray Hanson or~ Item No. 13a Cindy 0'Banion. Dog Council r•eviewed the pr•oposed dog or•dinance which was submitted by Or~dinance Animal Contr•ol Planagement as a suggested or•dinance and which has been adopted by the City of Vadnais Neights. Agenda Item No. 13b Scalze pointed out that the or•dinance should pr~ovide for• the r•equir~ement of dog owner~s to cl ean up after~ thei r• pets or~ have appar•atus on them to show their~ intent to clean up. Blesener suggested that on page 13, par~agr~aph E the wor•ding should be changed to make it clear• that a total of 3 pets are allowed. LaValle noted that kenneling ser~vices ar~e pr•ovided by the veter~inarian located in the City and noted that curr~ent ordinance does not make pr•ovision for• kennels within the City. Fahey noted that page 9 of the pr•oposed or~dinance makes pr•ovision for• kennel ser~vices pr~ovided by veter~inar~ians. Mr•. Blesener• intr•oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-5-191 - AUTHORIZING THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMEMDMENT BASED ON TNE SAMPLE ORDINANCE SUBMITTED QY Page -21- MINUTES City Council May 11, 1988 Dog ANIMAL COPlTROL PIAMAGEMENT WHICH INCLUDES Or•dinance TNE REQUIREMENT OF CLEAN UP AFTER DOGS QY (Cont.) DOG OWNERS AND THE REQUIREP4ENT FOR DOG OWNERS TO HAVE NECESSARY APP{1RATUS ON THEM SHOWIPdG THEIR INTENT TO CLEAN UP, ELIMINATING REFERENCE TO KENNELS IN THE ORDINANCE SINCE THE CITY DOES NOT PERMIT KENNELS, IdITH THE EXCEPTION OF KENNELS OPERATED BY VETERI~IARIANS IN COMMERCIAL AREAS AND WITH THE REQUIREMENT OF SUBMISSION OF SHOT RECORDS AT THE TIME OF APPLICATION FOR A DOG LICEPdSE The for~egoing r•esolution was duly seconded by Mr~s. Scalze. Ayes (5) Blesener, Scalze, Collova, Fahey, LaValle. Nays (0). Resolution declar•ed adopted. This r•esolution appear•s in Resolution Book No. 19, page 194. Str•eet Mr•. Blesener~ intr~oduced the following r•esolution and moved its adoption: Str~iping RESOLUTION N0. 88-5-192 - AUTHORIZING THE Agenda PUBLIC WORKS DEPARTMENT TO REQUEST THE Item No. 14 COUNTY TO STRIPE CERTAI~I CITY STREETS AT AN APPROXIPIATE COST OF $2,000 The for•egoing r•esolution was duly seconded by Mr•. Fahey. Ayes (5) Blesener, Fahey, Collova, Scalze, LaValle. Nays (0). Resolution declar•ed adopted. This r•esolution appear•s in Resolution Book No. 19, Page 195. Compost Blesener~ r~epor~ted that Public Wor•ks would like to have the City pr•oper•ty Site off Countr~y Dr~ive gr•aded as a compost site. There ar•e County funds for• such wor~k, however•, if County funds ar~e used, the site would then be Agenda open to any County r•esident. Estimated cost of the gr•ading is $1,500. Addition Council discussed the matter• and felt the gr•ading should be paid for~ with City funds and the compost site limited to use by City r~esidents. Fahey asked wher~e access to the site will be. Blesener replied that for the time being the City will probably use Frank Frattalone's driveway'on the adjacent property. When Frattalone develops his pr•oper•ty he will give the City an access easement. However•, Fr•attalone is not sur•e of the location of that easement at this time. Mr~. Blesener• intr~oduced the following r•esolution and moved its adoption: Page -22- MINUTES City Council May 11, 1988 Compost RESOLUTION N0. 88-5-193 - AUTHORIZIN6 THE Site PUBLIC WORKS DEPARTMENT TO HAVE THE CITY (Cont.) PROPERTY ON COUNTRY DRIVE GRADED FOR A COMPOST SITE The for•egoing r~esolution was duly seconded by Mr•. Collova. Ayes (5) Blesener•, Collova, Fahey, Scalze, LaValle. Nays (0). Resolution declar•ed adopted. This r•esolution appear•s in Resolution Book No. 19, Page 196. Zoning The City Attor•ney r•ecommended appr•oval of proposed Or~dinance No. 299 Of Par•k r•ezoning Thunder Bay Par•k pr~oper~ty fr•om R-1 to Public. Property Mr•. Collova intr~oduced the following or~dinance and moved its adoption: Agenda Item No. 15a ORDINANCE N0. 299 - AMEPIDING ORDINAPICE N0. 901, BEING AN AMENDMENT OF THE ZONING ORDINANCE OF THE CITY OF LITTLE CANADA The for•egoing or~dinance was duly seconded by Mr•s. Scalze. Ayes (5) Collova, Scalze, LaValle, Blesener•, Fahey. Nays (0). Or~dinance declar•ed adopted. Contractor Collova reported that the letter from Frank Winiecki, President of Licensing Pr~air~ie Fir•e, Inc. was for• infor•mation. Council noted that any Fire or~dinance amendments would r•equire public notices and hear~ings. Pr•otection Systems Agenda Item No. 15b City Clean Up Collova reported that the Building Inspector has issued letters to var~ious pr•oper•ty owner•s within the City r•equesting clean up of their~ Agenda pr•oper•t ies. 30 days notice was given for• the clean up. After that Addition time if pr~oper•ties ar•e not cleaned up, the Building Inspector• w ill appear• befor•e the Council to discuss fur•ther• action. Shoulder~ Scalze noted the condition of the shoulder• on the south side of Of Little Little Canada Road fr~om the Fir•e Station to Edger•ton. Scalze suggested Canada Rd. that the County be requested to pave this shoulder noting the serious er•osion pr•oblem. Agenda Addition Fahey suggested that the City Engineer• approach the County and r~equest the shoulder• be paved noting the public safety issues involved for pedestr•ian and vehicular~ tr•affic. Page -23- P9INUTES City Council May 11, 1988 Ser~vice LaValle r•epor•ted that ther•e is confusion on the par~t of the City staff Stations when charging ~er•vice stations for• the number• of gas nozzles. LaValle Or•dinance suggested that an or•dinance similar• to the City of St. Paul's be adopted Amendment to clar~ify the matter~. Agenda Mr~. Blesener~ intr•oduced the following r•esolution and moved its adoption: Item No. 17b RESOLUTION N0. 88-5-194 - AUTHORIZING THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDMENT SIMILAR TO THE CITY OF ST. PAUL'S REGARDING CHARGES FOR GASOLINE NOZZLES The for•egoing r•esolution was duly seconded by Mr•. LaValle. Ayes (5) 6lesener•, LaValle, Collova, Scalze, Fahey. Nays (0). Resolution declar~ed adopted. This r•esolution appear•s in Resolution Book No. 19, Page 197. Administr•a- The City Cler~k r~eported that he is wor~king on a pr~oposal for• passing tive administrative costs onto developer•s for~ handling of such items as Char•ges engineering bills that must be for•war~ded to developers. The City Cler•k r•epor•ted that he wi 11 pr•esent thi s pr•oposal to the Counci 1 at a 1 ater• Agenda date. Item No. 17c Bibeau The City Attor•ney pr•esented to the Council for• appr•oval an option agr~eement Option for~ the pur•chase of the Bibeau pr•oper~ty. The ter•ms and conditions of the Agr•eement agr~eement ar•e simi 1 ar• to those of other opti on agr•eements for pr~oper~ty in the Centerville Road area. The property will be purchased under a Agenda 2-year• contract. Addition The City Attor•ney anticipated closing on the Fasciana pr•operty by the end of the month and on the Bibeau pr•oper•ty by the end of June. Mr~. LaValle intr~oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-5-195 - AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE BIBEAU OPTION AGREEMENT AS SUBP9ITTED BY THE CITY ATTORNEY The for~egoing resolution was duly seconded by Mr. Blesener~. Ayes (5) LaValle, Blesener~, Collova, Scalze, Fahey. Nays (0). Resolution declar•ed adopted. This r•esolution appear•s in Resolution Book No. 19, Page 198. Page -24- P9INUTES City Council May 11, 1988 Joint The City Attor~ney submitted for~ Council appr•oval a joint power•s agr•eement Power~s with the City of Maplewood for• enfor•cement of the Wake Ordinance the City Agreement recently adopted for Gervais Lake. Wake Or•dinance Mr•. Blesener• intr•oduced the following r~esolution and moved its adoption: Agenda RESOLUTION N0. 88-5-196 - AUTHORIZING THE Addition MAYOR AND CITY CLERK TO SIGN THE JOINT POWERS AGREEMENT WITH TNE CITY OF MAPLEWOOD REGARDING TNE CITY'S WAKE ORDINANCE AS SUBMITTED BY THE CITY ATTORNEY The for•egoing r~esolution was duly seconded by Mr. LaValle. Ayes (5) alesener•, LaValle, Scalze, Collova, Fahey. Nays (0). Resolution declar•ed adopted. This r~esolution appear~s in Resolution Book No. 19, Page 199. Day The City Attorney r~epor•ted that a tentative settlement has been ar•r•ived Easement at for~ the Day easement for~ easements necessary for~ both Spr•uce Str•eet Settlement and Sylvan. The City has alr~eady paid Mr~. Day $8,500 for the easement, and the settlement will r~eouir~e the City to pay $9,500, or~ an additional Agenda $1,000. The City Attor~ney r~ecommended appr•oval of the settlement amount Addition in view of the awar•ds that wer~e made for~ the Waite and Decker~ easements. Mr•. Fahey intr~oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-5-197 - APPROVING THE EASEMENT SETTLEMENT AMOUNT FOR THE DAY EASEMENT FOR SPRUCE STREET AND SYLVAM AS RECOMMENDED BY THE CITY ATTORNEY The for•egoing r~esolution was duly seconded by P1r•. Collova. Ayes (5) Fahey, Collova, Scalze, Blesener, LaValle. Nays (0). Resolution declar•ed adopted. This r~esolution appear•s in Resolution Book No. 19, Page 200. MN League Scalze r•epor~ted that the MN League of Cities Annual Confer•ence is being Of Cities held in St. Paul this year• and ther•e ar•e some sessions of the conference Annual which she would like to attend. Scalze suggested that other• Councilmember~s Confer•ence may also be inter•ested in attending. Agenda Mr•. Fahey intr•oduced the following r•esolution and moved its adoption: Addition RESOLUTION N0. 88-5-198 - APPROVING THE ATTENDANCE OF ANY COUNCILMEMBER AT THE Page -25- MINUTES City Council May 11, 1988 MN League ANNUAL CONFERENCE OF THE LEAGUE OF MN Of Cities CITIES AND AUTHORIZING THE REIMBURSEMENT Confer~ence OF THE APPROPRIATE FEES IN CONJUNCTION (Cont.) WITH ATTENDANCE The for~egoing r•esolution was duly seconded by Mr•. Collova. Ayes (5) Fahey, Collova, Scalze, Blesener, LaValle. Nays (0). Resolution declared adopted. This r~esolution appear•s in Resolution Book No. 19, Page 201. Libr•ar~y Blesener• r•epor•ted that at a r~ecent meeting of the Libr~ary Boar•d in Boar~d conjunction with a Ramsey County League meeting it was agr~eed that Update the Mounds View libr•ar~y pr•oposal should be located near• the Mounds View City Hall. Ther~e was also agr•eement that the Roseville libr•ar•y Agenda should be expanded to the nor•th. This would involve taking 5 homes, Addition however, a developer has pur•chased these homes and is agr•eeable to selling to the County. The cur•r~ent pr•oposal by Shor•evi ew i s for• a 1 i br•ar~y near• thei r• Ci ty Hal l. Nowever•, in looking at the areas ser•ved by r~egional libr•ar•ies, Little Canada is not cover•ed in the 3 mile ar~ea which r~egional libr~ar~ies ar~e supposed to service. If the new libr•ar~y is located near• the Shor~eview City Hall, North Oaks and Vadnais Heights will not be within the 3 mile area either. Blesener~ pointed out that while a location near~ County Road F and Nighway 49 will still not br~ing Little Canada into the 3 mile ar•ea, it would be a mor~e pr•efer~able location for• our• City. This location will also be prefer~able to Nor•th Oaks and Vadnais Heights. Blesener• r•epor~ted that he suggested to the Libr•ar•y consi der• wher•e they wi 11 get fr•ee 1 and, but r~ather• and ser•vice that can be pr•ovided to cities such as Vadnais Heights who ar~e not within the 3 mile ar•ea r~egional libr•ar•y ser•ves. Any of the locations bei br~ing Little Canada into this ser•vice ar~ea. 6oar•d that they not the accessability North Oaks and of ser•vice that a ~g considered will not Blesener also pointed out that the longer the Librar~y Board delays the less land ther•e will be to consider~ since sites ar•e being sold. Scalze pointed out the consider~ation being given to a libr~ar•y near~ St. John's Nor•theast and the fact that a libr~ar•y in that location would be accessable to Little Canada r~esidents. Adjour•n Mr•. Fahey intr~oduced the following r•esolution and moved its adoption: Agenda RESOLUTION N0. 88-5-199 - ADJOURNING Addition Page -26- MINUTES City Council May 11, 1988 Adjour•n The for•egoi ng r•esol uti on was duly seconded by Mr•. LaVal l e. (Cont.) Ayes (5) Fahe,y, LaValle, Scalze, Blesener, Collova. Nays (0). Resolution declar~ed adopted. This r~esolution appear~s in Resolution Book No. 19, Page 202. Ther~e being no further business, the meeting was adjour•ned at 11:22 P.M. Respectfully submitted, ~ "~ ~ ~~~~~ Kathy Gl~er~ Recording Secretary Page -27-