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HomeMy WebLinkAbout08-10-88 Council MinutesMINUTES OF THE REGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA August 10, 1988 Pur•suant to due call and notice thereof a regular~ meeting of the Council of the City of Little Canada, Minnesota was held on the lOth day of August, 1988 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Agenda Mayor~ Plichael Fahey chair•ed the meeting and called it to order at Item No. 1 7:30 P.M. and the follawing members of the Council wer~e present at roll call: Agenda MEMBERS PRESENT: P1ayor Mr•. Michael Fahey Item No. 2 Councilman Mr. Bill Blesener Councilman Mr. Rick Collova Councilman Mr•. Jim LaValle Councilwoman Mr~s. Bever~ly Scalze ALSO PRESE~IT: City Clerk Mr. Joseph Chlebeck Ci ty Attor•ney Mr•. Thomas Sweeney City Engineer Mr: Donald Car~ley City Planner Mr•. Steve Gr~ittman Recording Secretary Mrs. Kathleen Glanzer P~inutes Mr~. Blesener• suggested the following cov~rections to the minutes of the July 27, 1988 Council reeeting: Agenda Item No. 3 On page 2, mic~.dle par•agr•aph, Father Fitzger•ald indicated that the pr•oposed use of the convent "may" be a one-time thing; On page 14, Resolutior,~lo. 88-7-312, the date should be changed to October~ 1, 1988; On page 17, the minutes should reflect that the meeting was adjour~ned at 10 P.M. rather than 11 P.M. Mr~. Blesener• intr~oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-319 - APPROVING THE MINUTES OF TNE JULY 27, 1988 REGULAR COUNCIL MEETING AS CORRECTED 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 Qook No. 20, Page 325. Carla Lane Mayor~ Fahey opened the Public Hear•ing to consider the improvement of Impr~ovement by water•main, str•eet and cur•b and gutter•. Fahey pointed out that the ~m- pr~ovement has been petitioned for• by at least 35% of the Car~la Lane Agenda pr•oper~ty owner~s. Item No. 5 Page -1- MINUTES City Council August 10, 1988 Car~la Lane The City Engineer reported that the petition also included a request Impr•ovement for• str•eet lighting. However, that r~equest will not be considered this (Cont.) evening as str~eet lighting r~equests fall under~ the jur•isdiction of NSP. The City Engineer~ then r~eported that ther•e are poor soils in the Car•la Lane area pointing out that special pipe was needed when sanitary sewer• was installed some year•s ago. The sewer~ is located below lake level and cast ir•on pipe was used. The Engineer repor~ted that the same would hold tr~ue for• a watermain improvement in that special watermain would be needed. The Engineer pr•esented a map showing the near~est Little Canada water•main to Carla Lane. The Engineer• pointed out two locations, one at the inter~section of LaBor~e Road and Arcade Str~eet and the other near• Keller Par~kway and County Road B-2. The Engineer~ reported that to extend water•main fr~om Ar•cade and LaBor•e to Car•la Lane would cost $500,500. To extend water~main down Keller Par•kway to Car•la Lane would cost $323,073. Due to these costs, which did not include the Carla Lane impr•ovement itself, the Engineer• felt the most feasible route for• getting water~main to Car•la Lane would be through the City of Maplewood. The Engineer• repor~ted that Maplewood has been petitioned for• water•main impr•ovement for Palm Cour•t. Public hearings on this petition ar~e scheduled for• some time during the winter, and, if appr~oved, the impr•ovement would be made in Spring of 1989. The Engineer repor•ted that the City cur•rently has 50 feet of right-of- way for~ Car•la Lane. However, the str•eet itself is only 22 feet wide. If the street is r•ebuilt, the City is pr•oposing that the 22 foot width remain since the pr•operty owner•s along Car•la Lane have many improvements within the r~ight-of-way and due to the fact that the houses ar•e within the 30 foot setback. The Engineer r•epor•ted that an alter•native to the reconstr•uction of the str~eet should watermain improvement be denied, is to overlay the street with 2 inches of bituminous. If an over•lay is done, concr~ete cur~b and gutter• would not be installed, but r~ather• a bituminous cur•b about 4 inches high on a slant. The Engineer r•epor•ted that the cost of r•econstruction of the str~eet is proposed at $166,244, cost of water•main impr•ovement is estimated at $247,129. Assessments for water~main divided between 28 lots would be $8,826 per lot. Assessments for str•eet r•econstr•uction divided between 25 lots would be $6,649 per• lot. The Engineer r•eported that the cost of the alternative of over•laying the street is estimated at $26,950 for• a cost of $1,078 per• lot. Scalze pointed out that the Engineer•'s estimate does not include the cost to br~ing watermain fr•om Palm Cour•t to Carla Lane. The Engineer• stated that his cost did include this and pointed out that Palm Cour•t is dir•ectly acr•oss Keller• Parkway fr•om Car•la Lane. The Engineer• also r~eported that in exchange for~ connecting Car•la Lane to water~, Maplewood would like an agr•eement with Little Canada to ser•vice the Maplewood proper•ty with water• in the area of Keller~ Par•kway and Arcade Street. Page -2- MznurEs City Council August 10, 1988 Carla Lane Fahey asked the feelings of the Carla Lane r~esidents with r•egar•d to Impr•ovements the water~main i mpr~ovement a nd str•eet reconstr•uction versus 2 inch (Cont.) overlay. Fahey pointed out that if the majority of residents would like water~main impr~ovement, the matter• could be tabled until spring when Maplewood acts on the Palm Cour~t water•main petition. Fahey asked how many residents wer•e in favor of water•main impr~ovement and street reconstr•uction. 4 Car~la Lane pr•oper~ty owner~s r•aised their• hands indicating that they were in favor~ of this impr•ovement. Fahey asked how many r•esidents wer~e interested in only the over•lay of Car•la Lane with 2 inches of bituminous and some bituminous curbing. There wer•e 14 pr•operty owner•s r~aising their~ hands indicating that they wer~e in favor of this impr•ovement. Blesener• indicated that the City received a letter• fr•om another Car•la Lane proper~ty owner• which indicated that she was in favor• of the 2-inch over•lay at this time, br~inginq the total to 15 pr~oper~ty owner•s i n favor. The City Cler•k repor•ted that assessments for~ water•main and str~eet reconstruction would have been spr~ead over• a 10 year~ per•iod at an i nter~est r~ate of 9 to 10%. Assessments for• an over•1 ay only coul d be spread out over~ a 5 year• per•iod at the same inter~est rate, which is what has been done in other~ over•lay improvements in the City. Mr•. Btesener introduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-320 - CLOSING THE PUBLIC HEARING ON THE CARLA LANE IP9PROVEMENT PETITION The for~egoing resolution was duly seconded by Mr. Fahey. Ayes (5) Blesener•, Fahey, Collova, LaVa11e, Scalze. Nays (0). Resolution declar~ed adopted. This resolution appears in Resolution Book No. 20, Page 326. One pr•oper~ty owner• i ndicated that hi s house i s on the corner~ of Car•1 a Lane and Keller• Par~kway and asked if the curbing could be extended around his pr•operty fronting on Keller~ Parkway. The City Engineer~ pointed out that Keller Par•kway is a County r~oad, however, felt a per•mit could be obtained for• extension of the cur~bing. Mr•. Vitale asked if the over•lay would be done this year. The Engineer replied that that was possible. A pr•oper•ty owner~ asked if the assessment was calculated on a per~ lot basis or• a front foot basis. The Engineer• replied that the assessment was on a per• lot basis pointing Page -3- MINUTES City Council August 10, 1988 Car•la Lane out Impr~ovements one (Cont.) that some lots have double frontage on Car~la Lane, while there is lot with str•eet fr•ontage on thr~ee sides. Fahey noted that State Law r~equires cities to show benefit to properties equal to the amount of an assessment. Mr. Blesener introduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-8-321 - ORDERING THE IMPROVEMENT OF CARLA LANE BY 2-INCH BUTUMINOUS OVERLAY INCLUDING A REASONABLE AMOUNT OF CURBING FOR WATER DRAINAGE PURPOSES AND INSTRUCTING THE CITY ENGINEER TO OBTAIN BIDS FOR SUCH IMPROVEMENT The for•egoing resolution was duly seconded by Mr~s. Scalze. Ayes (5) Blesener, Scalze, Fahey, Collova, LaValle. Nays (0). Resolution declar•ed adopted. This r~esolution appear~s in Resolution Book No. 2.0, Page 327. Tom Olson, 736 Car•la Lane, r•eported that he has been wor•king with the Public Wor•ks Depar•tment on trimming trees and shruber•y to impr•ove visibility in the ar•ea and that situation is improving. As a r•esult, Ol son r•epor~ted that he has obser~ved many of the Car~l a Lane r~esi dents out in their~ yar•ds wor•king to impr•ove the neighbor~hood. Olson asked the status of the car and r•ecreational vehicle that was r~ai sed at a pr•evi ous meeti ng. Blesener r~epor•ted that the car• has been sold and will be removed fr~om the ar•ea shortly. The recreational vehicle is owned by the pr~oper•ty owner, however•, is in his business name. Fahey asked if par•king of licensed, operable vehicles was allowed within r~equired fr•ont yar~d setbacks. The Planner• replied that he would look thr•ough the Code and answer this question shor•tly. Collova r~epor•ted that the Weed Inspector has hir•ed a company to cut down the weeds in the ar~ea. The City Clerk also r~epor•ted that the County has r•emoved some trees within their right-of-way, and would be coming back later• to r~emove the stumps. Blesener~ r•epor•ted that additional str•eet lighting would be installed on Car•la Lane once the over~lay is completed. The Ci ty Pl anner• r•epor•ted that i n r•eviewi ng the Code i t appear•s that vehicles cannot be par•ked within r•equired fr•ont yar~d setbacks, but must be Page -4- MINUTES City Council August 10, 1988 Carla Lane in the dr~iveway or a space next to the driveway. Improvement (Cont.) Olson pointed out that the recr~eational vehicle is, then, in violation of City ordinances. Fahey replied that the City would have its Code Enforcement Officer contact the property owner• to take appropriate steps to bring the vehicle into compliance with Code. Mr~s. Vineski, 741 Carla Lane, reported that a pr•operty owner on Car•la Lane is not using his house as a home, but r•ather a place of business. This proper•ty owner• sells r~estaurant equipment from his home. Also, the condition of the yard is atrocious. Vineski asked why property owner•s in the ar•ea wher~e not advised when the use of this house as a place of business was appr•oved. Fahey pointed out that the property owner, most likely, does not have a per•mit for his business. Fahey infor•med the Car•la Lane r~esidents that the City acts on such situations on a complaint basis. A r•esident of Carla Lane r~eported that this proper•ty owner• stores r•estaur•ant equipment in his gar•age. Blesener~ r~eplied that this is probably not allowed under~ City Code. Collova suggested that the City investigate this complaint and if ther•e is a Code violation, the proper•ty owner~ will be notified to take appr•o- pr•iate action to bring the situation into complia.nce with Codes. Another~ r~esi dent repor~ted that one of the pr•oper•ty owner~s on Carl a Lane is burning gar~bage during the night. The Council pointed out that this is in violation of the Law and suggested that if it happens again the neighbor~s contact the Sher~iff's Department. Another• r•esident repor•ted that there is a pr~operty owner• taking in boarder•s and asked if this was allowed under• Code. The City Planner r~eplied that Code allows as an accessory use that a property owner• can take in up to two boarder~s. A residents asked the City's capabilities for• fighting a fire on Carla Lane. Fahey r•epor~ted that the Fir•e Depar~tment's three fir•e tr~ucks have the capacity to car~r~y water• and the capacity to pr•otect the homes on Car•la Lane. Fahey also pointed out that the City has a mutual aid agr•eement with sur~r•ounding cities for• fir•e pr•otection. If the City felt the situation were hazar•dous, the Council would take action to install water•mai n on Car•1 a Lane for• safety purposes. Page -5- MINUTES City Council August 10, 1988 Recess At this point in the meeting, 8:20 P.M., Council took a short recess. The meeting was reconvened at 8:25 P.M. Text The Mayor opened the Public Hear•ing to consider~ adoption of an Or•dinance Amendment which would allow the setback for• accessory buildings const r•ucted on Or•dinance single family par•cels pr~ior• to June 25, 1980 to be r~ebuilt at their No. 307 pr•ior• sideyar•d setback distance pr•ovided such setback is at least five feet. Agenda Item No. 6 Ther•e was no one fr•om the gener•al public present wishing to comment on this text amendment. Mr•. Blesener introduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-8-322 - CLOSING THE PUBLIC HEARING ON PROPOSED TEXT AMENDMENT, ORDINANCE N0. 307 The foregoing resolution was duly seconded by Mr~. LaValle. Ayes (5) Blesener~, LaValle, Scalze, Fahey, Collova. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7_0, Page 328. The City Planner• pointed out that if a pr•oper~ty owner~ with a house built pr~ior to June 25, 1980 wishes to constr~uct a new gar•age, that gar~age would have to meet a minimum setback r~equir~ement of 10 feet. The proposed or•dinance only applies to gar~ages in existence befor~e June 25, 1980 which need to be r•ebuilt for var~ious r•easons. LaValle asked if the text amendment should include R-2 pr•oper•ty in addition to R-1. The Planner replied that duplexes in R-1 areas ar•e non-conforming uses. The City's duplexes which ar•e located in R-2 districts ar•e r~elatively new and this text amendment would pr•obably not apply in those instances. Mr. Blesener~ intr~oduced the following ordinance and moved its adoption: ORDINANCE N0. 307 - AMENDING SECTION 905.050 OF THE LITTLE CANADA, MINNESOTA ZONING ORDINANCE REGARDING SIDE YARD SETBACK REQUIREMENTS IN R-1, SINGLE FAMILY RESIDENTIAL DISTRICTS The for•egoing or~dinance was duly seconded by Mrs. Scalze. Ayes (5) Blesener•, Scalze, LaValle, Collova, Fahey. Nays (0). ~Or•dinance declared adopted. Page -6- MrNUres City Council August 10, 1988 Schr•oeder~ Mr. Schroeder• appear~ed befor•e the Counci 1 r•equesti ng approval of hi s Rice Street plat for Rice Street Addition. Addition The City Planner r~epor~ted that he has not had an oppor~tunity to r•eview Agenda the plat. Item No. 7 The City Cler~k pointed out that the Council dir•ected Mr. Schroeder~ to plat his pr~operty based on the r~ecommendation of the City Planner. Therefore , the Clerk did not believe that the matter~ needed to be r~efer~r•ed back to the Planning Commission. Mr. Fahey intr•oduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-323 - APPROVING THE SCHROEDER RICE STREET ADDITION FINAL PLAT AND SUBDIVISION SUBJECT TO REVIEW AND APPROVAL BY THE CITY PLANNER, CITY ENGINEER AND CITY ATTORNEY AND SUBJECT TO PAYMENT OF APPROPRIATE PARK DEDICATION FEES The for~egoing r•esolution was duly seconded by Mr. Blesener. Ayes (5) Fahey, Blesener, Collova, LaValle, Scalze. Nays (0). Resolution declared adopted. This r•esolution appear•s in Resolution Book No. 20, Page 329. Bank Shot Mr. Mike Schifsky, representing Bank Shot Billiards, appeared before the 6illiards Council r•equesting that the hour•s of operation for• the billiard hall be extended to 4 A.M. Schifsky r~eported that Bank Shot Billiards pr•ovides Agenda a non-alcoholic alternative for•m of enter•tainment and they ar•e findi~g that Item No. 8 customers would like to stay later• than the cur~r~ent 2 A.M. closing time. The City Cler•k repor~ted that the City has received only one complaint about the billiard hall and he has not noticed any police calls to the hall from the daily police report the City receives. Mr. LaValle repor•ted that he has noticed on a couple of occasions that ther~e is some loiter•ing in the parking lot at the billiar~d ha11. LaValle also felt ther•e was the need for a more matur~e employee super•vising the hall dur~ing the late evening and early mor~ning hour•s. LaValle suggested that Schifsky take action to resolve these concerns and that the Sher~iff's Department be contacted to routinely patr~ol the par•king lot at the billiar•d ha11. Schifsky repor•ted that he is awar•e of the loiter•ing pr•oblem and will take action to r•esolve it. Schifsky asked if contacting the police about a loitering problem will result in reports showing high numbers of police calls to the business. LaValle stated that the par•king lot could be patr~olled r•outinely by the Sher•iff's Depar•tment which would not result in a r•eport being filed about Page -7- r~zNUTEs City Council August 10, 1988 Bank Shot the business. Billiards (Cont.) Fahey pointed out that if the par•king lot pr~oblem is not r•esolved, the City would have to r•equire Bank Shot Billiar•ds to hire someone to patrol the par~king lot as the City previously did in the case of Noggsbr~eath. Mr~. LaValle introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-324 - APPROVING THE REQUEST OF BANK SHOT BILLIARDS FOR AN EXTENSION OF HOURS OF OPERATION UNTIL 4 A.M. SUBJECT TO A REVIEW BY TNE COUNCIL OF THE HOURS OF OPERATION IN 120 DAYS The foregoing resolution was duly seconded by Mr~. 6lesener. Ayes (4) LaValle, Blesener, Collova, Fahey. Nays (1) Scalze. Resolution declar•ed adopted. This r~esolution appear•s in Resolution Book No. 20, Page 330. Futur~e Bill Sander~s appeared before the Council and pr•esented a revised plan Par•k for~ the futur~e development of Ger•vais Mill Par~k. Sander~s pointed out Designs that the focus of the development of this par~k has now shifted fr~om the active recr•eation pr~eviously consider•ed to a mor•epassive natur~e center• Agenda facility. Item No. 9 Sanders explained his park plan which includes a tr~ail system, increased ponding areas, inter~pr•etive center•, parking, etc. Fahey asked if gr•ant money is availabte for the development of this park. Sander~s replied that the City has made application for• a LAWCON gr~ant for development of the par~k. Sanders estimated the application amount to be $130,000. The next step in the gr•ant pr~ocess would be for~ the State to r•eview the park and development plans and give the application a rating. The City should find out its r•ating in September• some time. Sander•s also repor•ted that the paperwork for~ the acquisition of the Mostad property has been completed, and the State has sent the City a letter~ indicating that this paperwork is acceptable. Fahey asked the type of nature center~ pr•oposed for• Ger~vais Mill Par~k. Sander~s replied that he envisions a small facility wher•e inter~pr•etive sessions could be held. Sander•s pointed out the unique char~acteristics of the area which would justify such a nature center•. Sander~s also estimated that about 2 miles of trails would be developed in the par•k. Page -8- MINUTES City Council August 10, 1988 Park Blesener asked if the facility would be a year•-round facility. Designs (Cont.) Sander•s replied that that is what he would favor. Fahey stated that he would prefer• to see a multi-purpose pavalion r~ather than a nature center. Sander•s then pr•esented pr~eliminary plans for the development of the Center~ville Road area park. Sander~s explained that these plans will be revised once he r•eceives the survey from the City Engineer•. Fahey stated that he would like to see the Center•ville Road ar~ea park developed and ready for use by the 1990 recreation season. Sanders descr~ibed his proposed par•k plan for~ approximately 34 acres in the Center~ville Road area. The pr•oposed facilities include three ball- fields around a centr~al building which would house r~estr•ooms, concessions and possibly a meeting r~oom. An additional softball/baseball field is also pr•oposed. Other facilities include basketball cour•ts, tennis courts, full-sized soccer• field, dual use soccer• field over~ outfields of softball fields, picnic facilities, ponding area, tr~ail system, winter• skating ar~ea, parking, etc. Sanders described the access to the park. Fahey suggested that an ar•ea be pr~ovided for• a permanent batting cage. Fahey asked if provision has been made for lighting the fields. Sander•s r•eplied that the fields are planned so that lighting can be installed, however•, the decision whether~ or not to light the fields has not b2en made as yet. Blesener~ commented that r,e is not encour~aging that the fields be used for~ weekend tournaments, and he supports the use of these fields by the youth and adults of Little Canada. However~, Blesener• felt that the decision as to whether the fields ar•e 280 feet or 300 feet should be left to the Par•k Commission and Recreation Association. Fahey stated that he was not in favor of 300 foot fields and pointed out that enlar•ging the fields shrinks the remaining green area in the par~k. Blesener pointed out that this will be an athletic facility, while Ger~vais Mills Park will be a passive r•ecr•eation park. Scalze indicated that a repor~t is being pr~epared on field size. Scalze stated that she is tr•ying to assur•e that Little Canada r•esidents have use of the fields rather than people from outside cities who will want to use 300 foot fields for tournaments. Fahey stated that he did not want to become the city in the metr~o ar•ea with 300 foot fields that will become the place to hold tour•naments. Blesener~ pointed out that the Council can set policy to cover• this concern, Page -9- MINUTES City Council August 10, 1988 Par•k however•, this should not effect the design of the fields. Design (Cont.) Scalze felt this was an issue that should be addr•essed in the coming months. Fahey suggested that Sander~s look into the poss~bility of movable fences. Scalze r•epor~ted that she has asked the City Cler•k to place copies of the par~k design in the hand-out ar~ea of the City Center• so that citizens can obtain copies for• r~eview and comment if they so desir~e. Scalze r•epor~ted that the Council and Par~k Commission ar~e looking for• input on the design of this par~k. Little Sander•s pointed out that with the current impr~ovements to Little Canada Canada Road in connection with the br~idge widening project, attention needs to Road be given to the image and char~acter• of Little Canada since this is the main str•eet of our City. Agenda Addition Sander~s pointed out that attention needs to be given to the visual impact of the ar~ea, as well as how the pedestr•ian is tr~eated, in addition to the tr~affic concerns which ar~e being addr•essed by the project. Sanders suggested that the City contact MN DOT to deter•mine what they ar•e planning or• willing to do with regard to landscaping impr~ovements along Little Canada Road in conjunction with the br•idge pr~oject. The City Engineer replied that usually MN DOT sods distur•bed areas as we11 as plants shruber•y. The City Clerk pointed out that Little Canada Road and Center~ville Road ar~e County str•eets, and suggested that the County be contacted in addition to MN DOT. Mr•. Blesener intr•oduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-8-325 - INSTRUCTING THE CITY ENGINEER AND BILL SANDERS TO CONTACT THE STATE HIGHWAY DEPARTMENT AS WELL AS RAMSEY COUNTY TO DETERMINE THEIR PLANS FOR LANDSCAPING OF THE LITTLE CANADA ROAD/35E INTERCHANGE AREA AND REQUESTIN6 TNAT THEY WORK WITH TNE CITY ON TNE RELANDSCAPING OF THIS AREA The fovegoing r•esolution was duly seconded by Mr•s. Scalze. Ayes (5) Blesener, Scalze, LaValle, Fahey, Collova. Nays (0). Resolution declared adopted. This r•esolution appear•s in Resolution Book No. 20, Page 331. Page -10- MINUTES City Council August 10, 1988 Little Scalze r•eported that at a past meeting of the Economic Development Canada Committee, t'ne Committee discussed and recommended to the Council that Road the City proceed to draw up plans for• the impr~ovement and upgrade of (Cont.) the appear•ance of Little Canada Road. Bill Sander•s presented the Council with some examples of the kinds of improvements the Committee had in mind which his fir•m put together• for other• cities. Pat Pelstr•ing, Business Development Ser~vices, pointed out that if the Countr•y Dr•ive area is redevelopecl, it is common to designate a lar~ger Tax Increment Financing District around the r•edevelopment distr~ict. The City could then use TIF money from var~ious projects to pr•oceed to make the improvements as have been discussed by the Economic Development Committee, such as new lighting, sidewalks, etc. Sander~s also pointed out the Celebrate Minnesota 1990 Progr~am which has grant money available for~ these types of impr~ovements. The Progr~am has about $25,000 in grant money available, however~, the pr•ogr~am is a 3 to 1 matching pr•ogr•am. Sanders pointed out the cur•r•ent utility problems along Little Canada Road pointing out that utility impr~ovements would be expensive, but ar•e basic to the improvement of the appear•ance of the Road. Mr•. Fahey intr•oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-326 - REQUESTING BILL SANDERS ON BEHALF OF THE CITY TO PROCEED WITH A CONCEPT PLAN FOR REVIEW BY TNE COUNCIL FOR UPGRADING LITTLE CANADA ROAD FROM AN ARCHITECTURAL LANDSCAPING STNADPOINT CONSISTENT WITH THE CITY'S HISTORY AND IMAGE The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Fahey, Scalze, Collova, LaVa11e, Blesener. Nays (0). Resolution declar~ed adopted. This r•esolution appear•s in Resolution Book No. ?.0, Page 332. The City Engineer• r•epor~ted that much of the power~ lines and utilities acr•oss the Little Canada Road br•idge ar•e tempor•ary and will be removed once construction is completed. Countr•y Dr•. Scal ze r•epor•ted that thi s mor•ni ng there was a meeti ng of the Economi c & Bwana Development Committee. At that meeting by a 4 to 1 vote the Committee Archery recommended that the Council r•etain Country Dwive appr•oximately in its present location based on the recommendation of the City Planner•, Engineer~ Agenda and BDS. Item No. 11 Page -11- MI~IUTES City Council August 10, 1988 Countr~y Dr. The next recommendation the Committee made was that the City Engineer & Bwana study the level of Condit Street and Countr•y Dr•ive and make a r•ecommendation Ar~chery for~ how low the elevations of these str•eets could be and still r~etain (Cont.) developable property between them. The Committee also r•ecommended that the Engineer• look at a connection of Bur•ke Lane to Country Dr•ive. Fahey pointed out that if Country Drive could be moved closer• to the fr•eeway, a lesser• slope would be needed in the ar•ea between Condit and Country Drive. The City Engineer• suggested that he contact the Highway Depar•tment to deter~mi ne how cl ose they woul d al l ow Countr•y Dr~i ve to be moved towar~ds the freeway. Scalze r~epor•ted that another r~ecommendation made by the Committee this mor~ning was that the City obtain cost estimates fr~om consulting fir•ms for feasibility r•epor•ts on the Country Dr~ive and Rice Str~eet ar~eas. The feasibility r~eports should indicate the types of businesses or development that would wor•k in these ar•eas. Fahey stated that he was not in favor~ of spending City money on behalf of developers to do market surveys. Pelstr~ing r~epor•ted that market sur•veys ar~e a two step pr•ocess. The fir~st step would identify the type of development that would wor~k in an ar•ea so that the City could set its expectations. This data would then need to be fur•ther~ defined by a developer to justify his development to a lender~. This same pr•ocess has been done by the City of Vadnais Heights. Pelstr•ing stated that the process was a complicated one that is necessary to generate some interest and show there is market potential for• a pr•oject. Pelstr~ing stated that the City would want to target the r~ight kind of developer. Blesener• pointed out that the feasibility r~eport might r~esult in the Council's decision to leave Countr~y Drive the way it is. Blesener• felt the study was a necessity, and pointed out that at this point the Committee is only r•ecommending that cost estimates for• such a r~epor•t be obtained. Scalze pointed out that the next meeting of the Economic Development Committee is scheduled for~ September 15 at 7:30 A.M. These reports should be available for• the Committee to review by that time. Scalze also r~eported that the Committee felt that the City Cler~k should communicate with the proper•ty owner•s in the ar•ea and explain that the City is getting outside opinions on the r•edevelopment of the ar•ea and once this information is available and has been r•eviewed, the City would communicate further with the pr•oper•ty owner•s. Fahey asked BDS their• opinion on the Bwana Ar~chery pr~oposal. Page -12- MINUTES City Council August 10, 1988 Countr•y Dr•. Pelstr•ing r•eplied that his recommendation is the same as that of the & Bwana City Planner. Recognizing the timing of the development pr~oposal, it Ar~chery is consistent with curr~ent development in the ar•ea and he sees no (Cont.) pr•oblem with the proposal moving for•ward. However•, Pelstring emphasized that he still felt the Council should look at the development standar~ds of the sur•r~ounding pr~operty and infor•m the developer~ that the City may look at r~edevelopment of this ar•ea some time in the future. Pelstr•ing also pointed out that long-ter•m, the r•edevelopment may extend into Ryan Industr•ial Par~k as well. Pelstr•ing did not believe that soil conditions of the ar~ea should be a big concer~n. Pelstr•ing estimated incr~eased costs of between 60¢ and $1 per• squar•e foot in proper~ty costs for~ soil cor•r•ections which can be justified since over time the pr~operty will increase in value by $1 to $2 per• squar~e foot because of the increased level of quality in the development in the ar•ea. However~, the tr•ansition period is a 5 to 10 year~ period and the increased value in the pr•operty will take time. Fahey asked if the proper~ty were rezoned to IP Distr~ict, if the cur~rent development would immediately become non-confor•ming. Pelstr~ing r•eplied that he did not anticipate a r•ezoning for the next 3 to 5 year•s since it will take at least 3 year•s to complete Phase I. Blesener suggested that the City consider• the upgr•ading of the land along South Owasso to IP Distr•ict immediately. Blesener also pointed out that P4r. Lar~sen, Bwana Archery, would have to under•stand that r•edevelopment of his pr•operty could occur• in the next 5 to 10 years. Lar~sen r•eplied that he is concerned about developing immediately and was not concer•ned about what could happen in 5 to 10 year•s. Blesener• pointed out that if the plan proceeds as outlined by Mr. Pelstr•ing, the proper~ty could become very valuable, mor•e so than the building Mr~. Larsen is planning to construct. Blesener• stated that he could for•esee the r•edevelopment of Ryan Industr•ial Par•k as well as the trailer~ court. Fahey suggested that the development mor•atorium on the Lar~sen pr•oper~ty be lifted at this time. However•, Mr. Lar•sen would still have to submit a site plan which would have to go thr•ough the normal review pr~ocess. Fahey stated that his intent would be that the mor~atorium would remain on the other• pr~oper~ty in the ar•ea dur•ing the per•iod of the City's study of the area. Mr. Fahey intr~oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-327 - LIFTING THE DEVELOPMENT MORATORIUM ON COUNTRY DRIVE AS IT PERTAINS TO THE PROPERTY UNDER PROSPECTIVE PURCHASE BY MR. LARSEN, BWANA ARCHEf2Y, WITH NOTIFICATION TO MR. LARSEN THAT THE CITY COUNCIL'S LONG-TERM INTENTION IS TO INCLUDE THIS PROPERTY AS PART OF AN OVERALL REDEVELOP- MEMT TO A HIGHER GRADE INDUSTRIAL USE Page -13- MINUTES City Council August 10, 1988 Bwana The for~egoing r•esolution was duly seconded by Mr•. Collova. Archery Ayes (5) Fahey, Collova, LaVa11e, Blesener, Scalze. (Cont.) Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 333. The Council pointed out to Mr. Lar•sen that his site plan will have to be submitted to the Planning Commission for• their• r•eview and r•ecommendation. The next Planning Commission meeting at which this item could be placed on the agenda is September• 8+,h. The Council could then r•eview the pr•oposal at its September~ 14th meeting. Mr•s. Scalze intr•oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-328 - INSTRUCTING THE CITY ENGINEER TO STUDY THE LEVEL OF CONDIT AND COUNTRY DRIVE AND WORK WITH THE STATE ON THE SHIFTING OF COUNTRY DRIVE TO TNE EAST AS WELL AS PREPARE A RECOMMENDATION FOR THE CONNECTION OF BURKE LANE TO COUNTRY DRIVE The for•egoing resolution was duly seconded by Mr~. Blesener•. Ayes (5) Scalze, Blesener, Collova, Fahey, LaValle. Nays (0). Resolution declar~ed adopted. This r~esolution appears in Resolution Book No. 20, Page 334. Mr•. Blesener~ intr•oduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-8-329 - AUTHORIZING THE CITY CLERK AND BUSINESS DEVELOPMENT SERVICES TO OBTAIN PROPOSALS OF COSTS FOR ANALYSIS OF THE COUNTRY DRIVE AREA AS WELL AS THE RICE STREET AREA EXTENDING TO THE MARKETPLACE REGARDING USE OF THE LAND The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Blesener, Scalze, Collova, Fahey, LaValle. Nays (0). Resolution declared adopted. This r•esolution appear•s in Resolution Book No. 20, Page 335. Bob Rudy, Condit Str•eet, asked when r•edevelopment of the ar~ea might become a reality. Page -14- MINUTES City Council August 10, 1988 Countr•y Pelstr•ing pointed out that he has submitted to the Economic Development Drive Committee a fir•st dr•aft schedule of how the r~edevelopment pr•ocess would pr•oceed. Pelstr•ing felt that by ear•ly May the City would be in a position to know what type of development it wants and whether• a pr•oject is going to be done or• not. The City has to get into the mar•ketplace and find out if there is some interest. Fahey pointed out that the cur•r•ent 6-month moratorium would expir•e the end of Mar~ch, and the City may need to extend it for• a couple of months to give itself time to find an appr•opr•iate developer•. After~ that, things should move quickly. Rudey felt that the faster~ the matter• was expedited, the better~. Fahey poi nted out that the mor~ator•i um doesn' t pr~event pr•oper•ty owner~s from selling their land. Rudy r~eplied that intev~est has dropped off since the mor~atorium was put i n pl ace. Rudy asked i f ther•e was any tr~uth to the r•umor~ that the Ci ty might buy the proper•ty. Fahey r•eplied that the City would pr~efer to see a developer pur~chase the pr•oper•ty and r•edevelop it. South Scalze suggested that the Council give consider~ation to a development Owasso mor~ator•ium on the South Owasso pr•oper•ty at this time. Scalze noted that Proper•ty the pr~oper~ty is for sale. Agenda Fahey suggested that the City Planner r•eview par•cels in the City which Addition he feels war~r~ant a rezoning to IP District and repor~t to the Council his findings at its next meeting. The Planner• agreed and suggested that at this meeting, if the Council so desir•es, it could schedule a public hear~ing to consider~ the r~ezoning and also pointed out that the matter• would need to be r•eviewed by the Planning Commission as well. The Planner• will make his r~eport at the August 24th meeting. Dog The City Attor~ney presented to the Council for• their~ consider~ation Ordinance proposed Ordinance No. 303, Dog Or•dinance. Agenda Blesener~ pointed out that on page 7 of the Or~dinance, Section 1101.170 A Item No. 10 the wor~d "shall" should be added before "be muzzled". Collova asked if this Or~dinance was in compliance with State Law. The City Attorney r•eplied that the Ordinance is almost identical to State Law. Page -15- MINUTES City Council August 10, 19H8 Dog The City Clerk pointed out concer~ns that the City's Animal Contr~ol contr•actor• Or~dinance had regar•ding the r•ight of entr~y for~ animal contr~ol officer•s. (Cont.) The Council r~e viewed this section of the Or~dinance and felt that the Or•dinance did pr•ovide animal contr•ol officer•s the right of entr•y. Mr~. LaValle intr~oduced the following or•dinance and moved its adoption: ORDINANCE N0. 301 - AN ORDINANCE AMENDING CHAPTFR 1101 RELATING TO DOfS A~ID ANIMAL CONTROL The for•egoing or•dinance was duly seconded by Mr•. Blesener•. Ayes (5) LaValle, Blesener, Scalze, Fahey, Collova. Nays (0). Or•dinance declar•ed adopted. Highway The City Engineer repor•ted that the State Highway Department is building Walls a hi hway wall in the ar~ea of 41en w h A nue. In R e the homes in the area were constructe~-~~~°er ~~e highway~~~~~~p~uee, which Agenda is the same situation in the Twin Lake Tr•ail ar~ea. However•, the State Item No. 12 fir•st agr•eed to tr~y a ber•m in the area, which did not wor•k, and then agr~eed to build a wall. The Engineer~ believes that for~ some r•eason this o co1~Cr~IOtv situation was grandfathered in and the State's policy is sti11 that it ~,G N~ will not construct walls in areas wher~e the highway was in place pr~ior• 88-8-340 to homes. Little Scalze asked the status of the City's r~equest that the County construct Canada a bituminous shoulder~ along the south side of Little Canada Road from Road the Fi r•e Bar~ns to Schletty Dr•i ve. Shoulder• The City Engineer• r~eported that he has a letter fr•om the County which Agenda outlines how the cost of such an impr•ovement would be divided. Nowever•, Addition he has not had an oppor~tunity to meet with the County on this matter~. Council discussed the necessity for such an improvement, with some Council member•s feeling a paved shoulder may be a hazard to pedestr~ians since the shoulder• would be used as a dr•iving lane, and other•s feeling that the shoulder~ would actually be a place for• pedestr•ians with the shoulder• to be divided fr•om the r•oad by a white line. The City Engineer stated that he would pur•sue the matter~ with the County and report back. AIC Pr•operty The City Attor•ney anticipated closing on Lots 7 and 8 of the AIC pr•oper•ty in the Centerville Road ar~ea either• on Friday or• Tuesday of next week. Agenda The City will be pur•chasing Lot 6 on a contract-for-deed, however~, he has Addition not yet r•eviewed the title work for• Lot 6. Page -16- MINUTES City Council August 10, 1988 Spooner• The City Attor~ney r~eported that he anticipated another~ 30-day extention Par•k for• closing on Spooner• Par~k. The additional time is necessar•y to wor~k out title pr~oblems with the County. Agenda Addition Fahey repor~ted that the Par•k Commission has indicated to him that once the Spooner• Par~k pur•chase is completed, they would like to hold a dedication cer•emony for the Par~k. Council discussed available dates for• the cer•emony and tentatively scheduled it for Friday, September 30. MN Cities Fahey r•epor~ted that ther•e will be a Minnesota Cities Regional Meeting on Meeting September~ 12, 1988. Agenda Addition Canadian Fahey submitted to the Council copies of the minutes of a r~ecent meeting Days of the Canadian Days Committee and suggested that the Council r•eview the minutes and be pr~epared to discuss the subject at its next meeting. Agenda Addition Fahey r~epor~ted that the Canadian Days Corrmittee needs mor•e assistance fr•om the City and more volunteers to help with the celebr•ation. Fahey suggested that the Canadian Days Committee be given a budget fr~om the City. There wer~e al so concer•ns expr~essed wi th the electr~i cal ser•vi ce that i s avai 1 abl e in Spooner Park. A suggestion was also made at the meeting that the City hir~e a part-time coor•dinator~ for~ the Celebr•ation. Scalze noted that the City is paying for• the clean-up of Spooner~ Park this year. The City Cler•k suggested that he put the topic of Canadian Days on the agenda for~ the fir•st meeting in September. The Cler~k also noted that he hear~d an advertisement on the r•adio that Canadian Days would be held this coming weekend. Mr•. Fahey intr•oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-330 - AUTHORIZING THE PAYMENT OF $500 TO THE SHERIFF'S DEPARTMENT RESERVE PATROL FUND FOR THEIR SERVICES IN PROVIDING POLICE PROTECTION AT THE CANADIAN DAYS CELEBRATION The for~egoing resolution was duly seconded by Mr. Collova. Ayes (5) Fahey, Collova, Blesener, Scalze, LaValle. Nays (0). Resolution declar•ed adopted. This r~esolution appear•s in Resolution Book No. 20, Page 336. Page -17- MINUTES City Council August 10, 1988 Metro East Mr. Blesener• introduced the following r•esolution and moved its adoption: Dues RESOLUTION N0. 88-8-331 - APPROVING THE Agenda PAYMENT OF METRO EAST DUES AS RECOMMENDED Item No. 14a BY THE CITY C~ERK The foregoing resolution was duly seconded by Mr•. LaValle. Flyes (5) Blesener, LaValle, Scalze, Collova, Fahey. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 337. Bow & The Council reviewed the City's Discharge and Concealment Ordinance Ar•r•ows as it addr•esses bows and arr•ows with Fahey indicating that the ordinance i s cl ear that bows and arr•ows ar•e not fi r•ear~ms. Fahey fel t the or•di nance Agenda al l owed a bow and ar•r•ow to be carr•ied, however•, a bow and ar•r~ow coul d not Item No. 15a be discharged in the City. Mr~. Blesener• introduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-332 - INSTRUCTING THE CITY ATTORNEY TO REVIEW THE CITY'S DISCHARGE AND CO~ICEALMENT ORDINANCE TO DETERMINE IF IT IS IN CONFORMITY tdITH STATE LAW AND IS CARRYING OUT THE INTENT OF THE CITY COUNCIL WITH REGARD TO DISCHARGING OR SHOOTING OF BOblS AND ARROWS WITHIN THE CITY The for~egoing r~esolution was duly seconded by Mr•. LaValle. Ayes (5) Blesener, LaValle, Scalze, Collova, Fahey. Nays (0). Resolution declar~ed adopted. This resolution appears in Resolution Book No. 20, Page 338. Utility The Council discussed State Law which says that a contr~actor must be Excavation pr•ovided one call ser•vice when locating utility lines befor•e excavation. Agenda Blesener poi nted out that the League of Minnesota Cities is studying Addition this issue and has recommended that no action be taken at t his time until their study is completed. Blesener suggested that the City Clerk moniter~ the League's pr~ogr~ess on this issue. Water•i ng Bl esener• r•epor~ted that the Ci ty does not have an or•di nance i n effect Ban which pr•ovides a fine to those violating the City's water~ing ban. Blesener~ Ordinance suggested that a similar ordinance to the City of St. Paul's be adopted which pr•ovides a $10 fee for~ disconnectin g water• service, a$25 fine and Agenda a$10 fee for r•ec onnecting water ser•vice. St. Paul's or~dinance also Addition Page -18- MINUTES City Council August 10, 1988 Water•ing pr•ovides a warning for the first offense and on the second offense water Ban ser~vice is disconnected and the fine imposed. Ordinance (Cont.) Fahey felt the same fees and fine should apply to r•esidents for~ non-payment of water• bills. Blesener~ felt that a water•ing ban ordinance should be adopted pointing out that it would come into effect in subsequent year~s as well if a water•ing ban wer•e imposed. Mr~. Blesener introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-333 - INSTRUCTING THE CITY ATTORNEY TO PREPARE AN ORDINANCE SETTING FINES FOR VIOLATION OF WATERING BANS CONSISTENT WITH TNAT OF THE CITY OF ST. PAUL The foregoing resolution was duly seconded by Mr~. Collova. Ayes (5) Blesener•, Collova, Scalze, LaValle, Fahey. Nays (0). Resolution declared adopted. This r~esolution appear~s in Resolution Qook No. 20, Page 339. City Blesener pointed out that the two houses the City acquir•ed in conjunction Pr~oper•ty wi th the purchase of the Center•vi 11 e Road pr~oper•ty for par~k ar•e now vacant. On Blesener• suggested that the utilities to these houses be shut off. Center~vi 11 e Road Fahey suggested that the Fire Department may want to use the houses for• dr•ill pur•poses and it was suggested that the Sher•iff's Depar•tment may Agenda want to use them for• dr•ills also. Addition Fahey suggested that the Recreation Depar•tment be contacted to see if ther•e is any interest in using the Bibeau house for• office space. Scalze stated that she would discuss this with Jim Mor•elan. P9r•. Blesener• intr•oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-334 - INSTRUCTING THE PUBLIC 410RKS DEPARTMENT TO DISCONNECT UTILITIES AT THE TWO HOMES THE CITY OWNS ON CENTERVILLE ROAD AND AUTHORIZING THE MAYOR TO CONTACT THE FIRE DEPARTMENT AND SHERIFF'S DEPARTMENT REGARDING THE USE OF THESE HOMES IN DRILLS The for•egoing r~esolution was duly seconded by Mrs. Scalze. Ayes (5) Blesener, Scalze, Fahey, Collova, LaValle. Nays (0). Resolution declar~ed adopted. This r•esolution appear•s in Resolution Book No. 20, Page 340. Page -19- MINUTES City Council August 10, 1988 Nor•th Mr•. LaValle intr•oduced the following r•esolution and moved its adoption: Subur•ban Youth RESOLUTION N0. 88-5-335 - APPROVING TNE 1989 Ser~vices BUDGET REQUEST MADE BY NORTH SUBURBAN YOUTH SERVICES IN THE AMOU~lT OF $2,700 Agenda Item No. 19a The foregoing resolution was duly seconded by Mr•. Blesener~. Ayes (5) LaValle, Blesener•, Scalze, Collova, Fahey. Nays (0). Resolution declar•ed adopted. This r•esolution appears in Resolution Book No. 20, Page 341. St. John's Mr~. LaValle intr•oduced the following r•esolution and moved its adoption: Festival Per•mits RESOLUTION N0. 88-8-336 - APPROVING THE TEMPORARY BEER AND WINE LICENSE, GAMBLING Agenda PERMIT AND DANCE PERP9IT REQUESTED BY ST. Addition JOHN'S CHURCH IN CONJUNCTION WITH THEIR FALL FESTIVAL TO BE HELD SEPTEMBER 24 AND 25, 1988 The for~egoing resolution was duly seconded by Mr•. Blesener~. Ayes (5) LaVa11e, Blesener, Scalze, Collova, Fahey. Nays (0). Resolution declar~ed adopted. This r•esolution appear•s in Resolution Book No. 20, Page 342. Hoggsbr~eath Mr~. LaValle intr•oduced the following r•esolution and moved its adoption: Pull-Tabs RESOLUTION N0. 88-8-337 - APPROVING THE Agenda GAMBLING LICENSE FOR TNE LITTLE CANADA FIRE Addition DEPARTMENT TO OPERATE A PULL-TAB BOOTH AT HOGGSBREATH 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. 20, Page 343. Nor•th Mr•s. Scalze intr~oduced the following r•esolution and moved its adoption: Countr•y Kittenball RESOLUTION N0. 88-8-338 - APPROVING A Classic TEMPORARY BEER AND WINE LICENSE FOR THE LITTLE CANADA RECREATION ASSOCIATION IN Agenda CONJUNCTION WITH THEIR NORTH COUNTRY KITTENBALL CLASSIC TO BE HELD SEPTEMBER 9 THROUGH 11, 1988 Page -20- MINUTES City Council August 10, 1988 Nor•th The foregoing r•esolution was duly seconded by Mr~. Fahey. Country Ayes (5) Scalze, Fahey, Collova, Blesener, LaValle. Kittenball ~lays (0). Classic Resolution declar•ed adopted. (Cont.) This r~esolution appear•s in Resolution Book No. 20, Page 344. Adjourn Mr~. Fahey intr•oduced the following r~esolution and moved its adoption: Agenda RESOLUTION N0. 88-8-339 - ADJOURNING Item No. 20 The for•egoing resolution was duly seconded by Mr. LaValle. Ayes (5) Fahey, LaValle, Scalze, Collova, Blesener. Nays (0). Resolution declar•ed adopted. This r•esolution appear•s in Resolution Book No. 20, Page 345. Ther•e being no fur~ther business, the meeting was adjour~ned at 10:42 P.M. Respectfully submitted, ~ ( `~ ~ ~~ . '~~~.,t._ ,, , 1,.~. ~~ Kathy Gl~r~zer• ~~ Recor~ding Secretar~y Page -21-