Loading...
HomeMy WebLinkAbout08-24-88 Council MinutesP~INUTES OF THE RFGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA August 24, 1988 Pur•suant to due call and notice thereof a r•egular• meeting of the Council of the City of Little Canada, Minnesota was held on the 24th day of August, 1988 in the Council Chamber•s of the City Center• located at 515 Little Canada Road in said City. Agenda Mayor Michael Fahey chaired the meeting and called it to or~der~ at 7:30 Item No. 1 P.M. and the following members of the Co uncil wer•e pr~esent at roll call: Agenda MEMQERS PRESENT: Mayor• Mr•. Michael Fahey Item No. 2 Councilman Mr. Bill Blesener~ Councilman Mr. Rick Collova Councilman Mr•. Jim LaValle Councilwoman Mrs. Beverly Scalze ALSO PRESENT: City Cler~k Mr•. Joseph Chlebeck Ci ty Attor~ney Mr•. Thomas Sweeney Ci ty Engi neer• Mr•. Donal d Car~l ey City Planner• Mr•. Steve Gr•ittman Recordi ng Secr•etar~y Mr•s. Kathy Gl anzer• Minutes Blesener• r~epor•ted that on page 16 of the August 10, 1988 Council meeting minutes, the minutes should be corr~ected to r~eflect that the homes in the Agenda Wentwor~th Avenue ar•ea wer~e in existence prior to constr•uction of the Item No. 3 highway r•ather• than after~ highway constr~ uction which is the case in the Twin Lake Tr•ail ar•ea. Mr•. Blesener• intr•oduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-340 - APPROVING THE MINUTES OF THE AUGUST 10, 1988 REGULAR COUNCIL MEETING AS CORRECTED The foregoing r•esolution was duly seconded by Mr•. Collova. Ayes (5) Blesener•, Collova, Fahey, Scalze, LaValle. Nays (0). Resolution declar~ed adopted. This r~esolution appears in Resolution Book No. 2Q, Page 346. Announcements Fahey r•epor•ted that the Little Canada Road br~idge will be closed beginning at 1:30 A.M. on Fr•iday, August 26, and will be reopened on Monday, August Agenda 29, at 6 A.f4. Item No. 4 Fahey also r•epor~ted that watering ban restr•ictions have been r•emoved and thanked all those citizens who cooper•ated dur•ing the r•estr~iction. Imp. No. Fahey opened the Public Hearing to consider• pr~oposed Impr•ovement No. 88-19, No. 88-19 the impr~ovement of Sylvan Str•eet fr•om Demont to f)ay Str~eet with stor•m sewer, and the improvement of Day Str~eet fr~o~~, 5ylvan to 300 feet west with storm Agenda sewer•. Item No. 5 Page -1- MINUTES City Council August 24, 1988 Imp. No. The City Engineer• r•eported that the estimated cost of the impr~ovement 88-19 is $14,300, and the cost would be assessed on an acr•eage basis. (Cont.) Scalze asked if the assessment took into consideration acreage with imper•vious surface versus gr•ass. The City Engineer repor~ted that there was only about a 5% differ~ence between the imper~vious sur•face of the tr•ailer park and the roof tops and driveways of the single-family homes. Jim Villeaux, Terrace Heights Tr~ailer~ Park, asked if this storm sewer impr~ovement was being assessed in the same fashion as other• stor•m sewer improvements in the City. Fahey replied that it was,pointing out the case of the Sleepy Nollow stor•m sewer~ impr~ovement which was paid for by contr•ibuting pr•oper~ties after the pr•oper~ty owner•s entered into an agreement to pay the cost of the improvement. The City Engineer• pointed out that in most cases stor~m sewer• impr•ovements are assessed along with str•eet improvements. However~, ther~e is no str~eet impr•ovement in this case. The Engineer• also pointed out that the City is proposing to assess a por•tion of the cost of the impr~ovement to the School District. Ther•e was no one else pr~esent wishing to comment on this matter~. Mr•. Blesener~ introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-341 - CLOSING THE PUBLIC HEARING ON IMPROVEMENT N0. 88-19, IMPROVEMENT OF SYLVAN AND DAY STREETS BY STORM SEWER The foregoing r•esolution was duly seconded by Mr. LaValle. Ayes (5) Blesener, LaValle, Scalze, Collova, Fahey. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 347. Mr•. Collova intr•oduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-342 - ORDERING IMPROVEMENT N0. 88-19 AS PROPpSE~BY THE CITY ENGINEER WHICH CALLS FOR THE IMPROVEMENT OF SYLVAN AND DAY STREETS BY STORM SEWER AT AN ESTIMATED COST OF $14,300 The for•egoing resolution was duly seconded by Mr. Blesener. Ayes (5) Collova, Blesener, Fahey, LaValle, Scalze. Nays (0). Resolution declar~ed adopted. This resolution appears in Resolution Book No. 20, Page 348. Page -2- MINUTES City Council August 24, 1988 Imp. No. Blesener~ asked when the City might anticipate constr•uction of Imp. No. 88-19 88-19 to begin. (Cont.) The Engineer• r•eplied that the wor~k would be completed this fall. Mover's The Mayor opened the public hearing to consider the r•equest of Mover's War•ehouse Warehouse for a Conditional Use Permit to construct two free-standing CUP For• signs on their• pr~oper~ty at 2940 Rice Str~eet. Both the Planning Commission Two Free- and City Planner~ have recommended appr•oval of the r•equest. Standing Signs Fahey pointed out that at the Planning Commission the Mar•ketplace expressed. concern that the additional fr•ee-standing sign would block the visibility Agenda of their• sign. Nowever~, the Planner~ did not feel this would occur~. Item No. 6 There was no one from the gener•al public pr~esent wishing to comment on this r•equest. Mr. Fahey introduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-343 - CLOSING THE PUBLIC HEARING ON THE CONDITIONAL USE PERMIT REQUEST QY MOVER'S WARENOUSE FOR TWO FREE-STANDING SIGNS ON THEIR SITE AT 2940 RICE STREET The for~egoing r~esolution was duly seconded by Mrs. Scalze. Ayes (5) Fahey, Scalze, Blesener•, LaValle, Collova. Nays (0). Resolution declar•ed adopted. This resolution appears in Resolution Book No. 20, Page 349. Blesener pointed out that the City has appr•oved similar~ r•equests wher~e there are multiple uses on a par•cel. Scalze pointed out that the Or•dinance allows by Conditional Use Permit a maximum of 2 free-standing signs in cer~tain instances. E3lesener asked if the new sign would meet City Code requir•ements. The Planner~ r~eplied that it would, however•, he has not seen the site plan for~ sign location so he has not been able to deter•mine if Mover•'s War•ehouse is consider•ing placing the sign in the public right-of-way. The Council felt that all Code r~equir•ements should be met in this r•equest. Mr~s. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-344 - APPROVING TNE CONDITIONAL USE PERMIT FOR MOVER'S WARFIIOUSE ALLOWING TN10 FREE- Page -3- MINUTES City Council August 24, 1988 Mover's STANDING SIGNS ON THEIR SITE AT 2940 RICE STREET Warehouse SUBJECT TO COMPLIANCE WITH THE RECOMMENDATIONS CUP (Cont.) OF THE CITY PLANNER AS CONTAINED IN HIS REPORT WITH THE INDICATION THAT SUCH APPROVAL IS CONSISTENT WITH PAST CITY POLICY The for•egoing resolution was duly seconded by Mr~. LaValle. Ayes (5) Scalze, LaValle, Collova, Blesener•, Fahey. Nays (0). Resolution declared adopted. This r~esolution appear•s in Resolution Book No. 20, Page 350. R& S The Mayor~ opened the public hear~ing to consider the application of R R Automotive S Automotive for a Planned Unit Development for building expansion. The PUD Planning Commission has recommended approval subject to the conditions Building set for~th in the Planner•'s r•epor•t excluding the dedication of an additional Expansion 10 feet of r•oad r•ight-of-way and that the junk yard be r•emoved. Agenda The City Engineer reported that he looked at the site and it is his Item No. 7 r•ecommendation that since ther•e is adequate room, R& S Automotive be r~equir~ed to dedicate the 10 feet additional r~oad right-of-way recommended by the Ci ty P1 anner•. Bob DeBace, r~epresenting R& S Automotive, pointed out that cur•r•ently ther•e is 20 feet of r•oad r•ight-of-way on the R& S pr•operty and 20 feet on the Zilge proper~ty. DeBace pointed out that if R& S is r•equir•ed to dedicate an additional 10 feet, one of its lots would be non-confor~ming since it would only be 90 feet wide r•ather than the 100 feet r~equir•ed by the City Code. Scalze pointed out that ther•e is property in the back that will eventually need an improved road for access. Fahey repor•ted that the 90 foot lot would not be non-confor~ming since the pr~oper~ty is being handled under~ a PUD. Fahey did point out that the existing right-of-way on the Zilge proper~ty is located about 7 feet from Mr~. Zilge's building. DeBace questioned why R& S should have to dedicate a total of 30 feet of r~oad right-of-way while Zilge only has to dedicate 20 feet. Fahey pointed out that additional r~ight-of-way from Zilge would put the road too close to the building. Louie Rustad, R& S, stated that the additional r~ight-of-way will inter•fer•e with his parking and make it difficult to get in and out of his gar•ages. DeBace agreed, especially if a car• is par~ked in front of the gar•age door. Fahey suggested that the actual road pavement could be shifted towar~ds the Page -4- MINUTES City Council August 24, 1988 R & S Zilge building. Automotive (Cont.) Fahey pointed out that even with the 50 foot r~ight-of-way the road wi11 be non-conforming since 60 foot right-of-ways are r~equired in industrial ar~eas. Fahey did not see a good reason to increase the non-conformity. DeBace pointed out that it was felt at the Planning Commission level that 40 feet would be acceptable since there would pr•obably only be two additional businesses developed in the area. Scalze pointed out that the r~oad will serve industr•ial tr•affic and the City had to provide adequate r~oom for semi-trucks. The City Engineer pointed out that the r~oad began as a pr•ivate dr•ive which was accepted by the City. The City would never have developed a r•oad with a 40-foot r~ight-of-way. Fahey stated that if a 40-foot right-of-way is approved in this instance, the next developer could make the same r•equest. Rustad stated that the problem is that Zilge built too close to the property line. Scalze pointed out the instance of Twin Lake Tr•ail where the City requir•ed the developer to meet Code requirements for• r~oad r~ight-of-way even though the r~oad leading up to the development did not meet these same requir•ements. DeBace r~eviewed the building expansion proposals and reported that R& S plans to str~aighten out the parking situation as well as eventually eliminate the junk yard. The buildings will have to be spr~inkled due to the proposed additions. DeBace pointed out that R& S is asking for a fr~ont yar•d setback variance on one of the buildings. However•, pointed out that the building will still be behind sight lines for• the two adjacent buildings. The City Planner• felt the front yard setback variance request was a r•easonable one since the building would be behind the two adjacent buildings. The Planner• also felt that a 50 foot road r•ight-of-way could be accommodated and room still provided for R& S to access their building. Scalze pointed out the Planner's suggestion that as a condition of appr~oval the junk yard be required to be r•emoved within 3 years. Scalze also asked about plans for installing a cul-de-sac at the east end of Woodlyn Avenue. The City Planner suggested that there was not adequate room for~ the cul- de-sac at this time and felt the cul-de-sac issue was better• addr•essed at the time Fuel Economy develops their• property. Page -5- MINUTES City Council August 24, 1988 R& S DeQace pointed out that there is no sewer in the road and indicated Automotive that sewer improvement should be done at the same time as the road (Cont.) is extended. DeBace felt these improvements should occur at the same time as Fuel Economy develops. The Planner• suggested that while the cul-de-sac should not be built at this time, the City should take the easement for it. DeQace in~icated that it is notknown where the exact location of the cul-de-sac would be and felt the easement was better taken at the time the first proper•ty develops. Fahey suggested that the City take the 10 additional feet of r•oad right- of-way fr•om the R R S property at this time, and when the back of the Zilge proper~ty is developed, the City should obtain the easement for the cul-de-sac. The Council discussed the location of the pavement within the r•ight-of-way, and the Planner suggested that when a futur•e building is requested on the R& S property, the PUD Agreement will have to be amended, and the issue of the pavement location can be addressed at that time. Fahey asked the Engineer• if the pavement could be offset towards the Zi 1 ge pr•operty. The City Engineer• r•eplied that that would depend on where the utilities ar•e 1 ocated. Fahey suggested that the Development Agreement leave the location of the pavement open at this time pointing out that the location will depend on the location of the cul-de-sac as well as utilities. The City Planner reported that the City has eliminated salvage yards as a permitted use under the Code, therefore, under~ the PUD request the City has the author•ity to requir•e a phasing out of the R& S salvage yard. However•, the Planner• pointed out that the 3-year time per•iod r•ecommended in his report was chosen for no particular reason. DeBace reported that R& S intends to phase out the auto salvage yar•d when it is economically feasible for• them to do so. Fahey stated that he was not bothered by the use, and did not feel the salvage yard should be put out-of-business because of R& S's r•equest for a building addition. Sca1ze pointed out that there may be a par~k dedication charge due the City fr~om R& S for their PUD request. Scalze suggested that the City Clerk r•esearch this issue. Rustad agreed that he wanted to eliminate his auto salvage business, but did not think he would be able to do so in thr•ee years. Page -6- MINUTES City Council August 24, 1988 R& S Fahey pointed out that the auto salvage yard was approved for• R& S Automotive at the time it was a permitted use within the City. Fahey felt that (Cont.) the City should require the 50 foot road right-of-way, however, did not believe it necessary to put a time limit on the auto salvage yard. Blesener felt that the under~standing should be present that R& S will eliminate the auto salvage yard as the pr•operty is further developed. Collova felt the problem would be a self-corr•ecting one. Scalze felt that the City should have an enforceable agr•eement for elimination of the salvage yard. Fahey pointed out that the yard will be eliminated as soon as the pr•oper~ty is more valuable for fur~ther development. The City Planner suggested that the City obtain the easement for~ the cul-de-sac at this time, pointing out that in the future the City may be forced to pay for the easement, while the easement could be dedicated at no cost to the City at this time. Fahey suggested that the Development Agreement would pr~ovide for• the dedication of the easement at some time in the future when the exact location of the easement can be determined. The City Attorney agr•eed that this could be addressed in the Development Agreement. Blesener pointed out that this was done for the Schroeder property. DeBace asked the timing of final approvals so that building permits can be pulled for• the building additions. The Planner~ reported that the issue before the Council this evening is concept stage PUD. A development stage PUD would have to be pr•esented to the Planning Commission and the City Council. If ther•e are any modifications to that plan, those could be handled at staff level. The Planner• also reported that he could put together• a dr•aft of the Development Agreement for Council review at its next meeting. Fahey asked if there was anyone from the general public present wishing to address this matter•. Mrs. Ger~vais asked if this development proposal had any effect on her adjacent property. Blesener pointed out that it did not and also that the development pr~oposal will result in the eventual clean-up of the R& S pr~operty. Page -7- MINUTES City Council August 24, 1988 R& S Scalze pointed out that the Gervais pr~oper•ty is for~ sale and she was Automotive uncomfor•table with allowing the salvage yard to r•emain indefinitely. (Cont.) Scalze felt the issue was a separate one from the PUD and felt that due to the impact the salvage yard has on the rest of the proper~ty in the ar•ea, the Council should addr•ess it. Scalze felt that this issue should have been addressed by the Planning Commission at their last meeting. DeBace requested that the junk yard be allowed to r~emain until such time as there is an additional development proposal on the property. Scalze pointed out that that could be many years fr•om now. DeBace r•epor•ted that R& S intends to phase out the junk yard. Rustad felt that the McGough pr~operty had mor•e of a negative impact on the Gervais proper•ty than his auto salvage yard had. Ther•e was no one else from the genera1 public pr•esent wishing to address this issue. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-345 - CLOSING THE PUQLIC HEARING ON THE R& S AUTOMOTIVE REQUEST FOR PUD FOR BUILDING EXPANSI0~1 The foregoing resolution was duly seconded by Mr. alesener~. Ayes (5) Fahey, Blesener, Scalze, Collova, LaValle. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 351. Scalze pointed out efforts the Council is making to impr~oving the economic development of the City, and again suggested that the issue of the auto salvage yar•d be addressed separ•ately by the Council. Rustad stated that he could not agr•ee to a time limit for• phasing out the auto salvage yar~d, and stated that the business would be phased out as soon as it was economically feasible to do so. Fahey did not believe the auto salvage yard negatively effected the 6er~vais proper•ty significantly and felt the phasing out timeframe would be an unnecessary hardship on the applicant. Scalze pointed out that the PUD requested by R& S can be negotiated, and the auto salvage yard was one point in that negotiation process. Fahey pointed out that the City is alr~eady gaining 10 additional feet of road r~ight-of-way, as well as the sprinkling of the R& S and Myers Enter•prises buildings. Page -II- MINUTES City Council August 24, 1988 R&S Automotive (Cont.) Mr•s: Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-346 - DECLARING THAT PREVIOUS TO ACTING ON THE R& S CONCEPT- STAGE PUD REQUEST, THE CITY COUNCIL REQUIRES THE PHASING OUT OF THE R& S AUTO SALVAGE OPERATION WITHIN THE NEXT FIVE YEARS BASED ON THE RECOMMENDATION OF THE CITY PLANNER The foregoing r~esolution was duly seconded by Mr. Blesener. Ayes (1) Scalze. Nays (4) Blesener, Fahey, LaValle, Collova. Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 352. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-347 - APPROVING THE CONCEPT PUD REQUESTED BY R& S AUTOMOTIVE FOR BUILDING EXPANSION AND LOT SPLIT WITH THE REQUIREMENT OF THE DEDICATION OF 10 ADDITIONAL FEET OF ROAD RIGHT-OF-WAY ON THE WEST PORTION OF THE R& S PROPERTY FOR A TOTAL 30 FEET OF ROAD RIGHT-OF- WAY FROM R& S WITH THAT EASEMENT RUNNING NORTH AND SOUTH FOR APPROXIMATELY 189 FEET WITH NO REQUIREMENT AT THIS TIME FOR DEDICATION OF THE CUL-DE-SAC EASEMENT WITH THE UNDERSTANDING TNAT IN THE DEVELOPMENT AGREEMENT BETWEEN TNE CITY AND R& S AUTOMOTIVE THAT AT SUCH TTME AS THE EXACT LOCATION OF THE CUL-DE-SAC IS DETERMINED BY FUTURE DEVELOPMENT IN THE AREA, R& S AUTOMOTIVE WILL CONVEY, AT NO COST TO THE CITY, THE ADDITIONAL EASEMENT FOR THEIR PORTION OF THE CUL-DE-SAC, WITH THE UNDERSTANDING THAT THE GITY IS AGREEABLE, TO THE EXTENT REASONABLE DEPENDING ON UTILITY LOCATIONS, TO OFFSETTING THE 30 FEET OF ROAD PAVEMENT 5 FEET TO THE WEST, AND THE COUNCIL HEREBY APPROVES AS PART OF THE PUD,THE PROPOSED QUILDING ADDITIONS OF 40 FEET BY 50.2 FEET AND 15 FEET BY 38 FEET WITH ANY NECESSARY VARIANCES THAT WOU~D APPLY GIVEN THE EXISTING TOPOGRAPNY OF THE SITE AND SINCE THE BUILDINGS WOULD BE LOCATED WITHIN SITE LINES OF THE ADJACENT BUILDINGS ONt~00~LYN AVENUE AND ALL APPROVALS ARE SUBJECT TO PAYMENT OF APPROPRIATE PARK CHARGES AND SUBJECT TO THE RECOMMENDATIONS OF THE CITY PLANNER AS CONTAINED IN HIS REPORTS WITH THE EXCEPTION OF ITEMS 1 AND 2 CONTAINED IN THE AUGUST 8, 1988 PLANNER'S REPORT The foregoing resolution was duly seconded by Mr. LaValle. Page -9- MINUTES City Council August 24, 1988 R& S Ayes (5) Fahey, LaValle, Scalze, Collova, Blesener•. (Cont.) Nays (0). Resolution declar~ed adopted. This r~esolution appears in Resolution Book No. 20, Pages 353 and 354. Fina Fahey opened the public hear•ing on the Fina Serve request for sign Ser~ve height var•iance. Fina Serve cur•r•ently has a 30-foot high sign on Sign their property and would like to r~eplace it with another 30-foot high Height sign. City Code would allow a 16-foot high sign on the site. Variance Fahey pointed out that the Planning Commission has recommended appr•oval Agenda of the Fina Ser•ve variance due to the pr~ecedent set in the Unical sign Item No. 8 var~iance r~equest. Blesener did not feel the Fina Ser•ve situation and the Unical request were similar•. Blesener pointed out that in the Unical var~iance r•equest, the business fr•anchise was sold and the franchisee was required to change signs. In the Fina Ser•ve r•equest, Fina Serve is constructing a new convenience stor•e/gas station, and would like to erect a new sign as well. alesener did not believe the Highway 36 exposure of the Fina Ser•ve proper•ty had anything to do with the variance request. A1 Deininger, Fina Serve, pointed out that Fina Ser•ve would like to r~emove the existing 4-pole, 4-sided sign and erect a 2-pole, 2-sided sign. The new sign would be the same height as the existing sign. Fahey stated that he was in favor~ of the var•iance request. Fahey stated that he did not believe that the height of the sign should be lowered as a result of Fina Serve constr~ucting a new building. The City Planner~ pointed out that the Sign Ordinance says that any new activity on the site requires a non-conforming sign to be br•ought into conformance with the Code. Scalze pointed out that action on this r•equest would set a pr•ecedent that the City would have to live with. Blesener felt that the pr•ovisions of the City's Sign Ordinance should be enforced, other~wise the Ordinance should be changed. Blesener pointed out that the Council pr~eviously reviewed the Ordinance and found it to be fairly liberal when compared to the ordinances of other~ cities. Fahey did not feel it r~easonable to require the sign to be lowered because there is a new building under• constr•uction on the site. Scalze stated that the Council must look at what's right for the City overall. There was no one present fr~om the general public wishing to comment on thi s matter•. Page -10- MINUTES City Council August 24, 1988 Fina Mr~s. Scalze intr•oduced the following resolution and moved its adoption: Serve Sign RESOLUTION N0. 88-8-348 - CLOSING THE Height PUBLIC HEARING ON THE FINA SERVE REQUEST Variance FOR SIGN HEIGHT VARIANCE (Cont.) The foregoing r•esolution was duly seconded by Mr. Blesener~. Ayes (5) Scalze, Blesener, Fahey, Collova, LaValle. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 355. Fahey felt the situation was unique and warr•anted a variance. Collova agr~eed and stated that he would r•ather see a two-pole sign than the 4-pole sign r~emain. LaValle felt that the sign would have little impact on anyone and that the variance should be granted. The Planner• pointed out that if the variance is not granted, under Code r~equirements, the signage should be brought into confor•mance. Fahey did not agree with requir~ing the sign to be lower~ed just because the pr•operty owner is improving the site. Fahey pointed out that a var~iance requir•es four affir•mative votes of the Council for approval. Mr. Fahey intr~oduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-349 - APPROVING THE FINA SERVE SIGN HEIGHT VARIANCE FOR THEIR BUSINESS LOCATED AT 2244 RICE STREET BASED ON THE RECOMMENDATION OF THE PLANNING COMMISSION AND THE UNIQUE SITUATION WHICH EXISTS AS WELL AS A HARDSHIP SINCE THE REQUEST IS FOR A NEW SIGN TO BE PLACED AT THE SAME HEIGHT AS THE EXISTING SIGN, AND POINTING OUT THE PRECEDENT WHICH WAS SET IN THE UNICAL CASE The for•egoing resolution was duly seconded by Mr. Collova. Ayes (3) Fahey, Collova, LaValle. Nays (2) Blesener, Scalze. Resolution denied. This r•esolution appears in Resolution Book No. 20, Pages 356 and 357. Fahey felt that the Ordinance should be changed so that Fina Serve is not required to lower their existing sign due to site improvements they ar~e making. Page -11- MIPlUTES City Council August 24, 198£3 Fina Scalze suggested that before the Ordinance is amended, the City Planner Serve and City Clerk should look at what other cities do in similar• situations. (Cont.) Mrs. Scalze intr~oduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-350 - INSTRUCTING THE CITY PLANNER AND CITY CLERK TO RESEARCH TNE SIGN ORDINANCES OF OTHER CITIES WITH REGARD TO HEIGHT LIMITATIONS AND TO DETERMINE THEIR POSITION IN A SITUATION WHERE AN IMPROVEMENT IS MADE TO A BUILDING THAT HAS AN EXISTING NON-CONFORMING USE, IF THEY WOULD ALLOW A NON-CONFORMING SIGN TO REMAIN, OR IF THE PROPERTY OWNER WOULD BE REQUIRED TO REMOVE THE NON-CONFORMING SIGN AND REPLACE IT WITH ONE MEETING CODE REQUIREMENTS The for•egoing resolution was duly seconded by Mr•. Fahey. Ayes (5) Scalze, Fahey, Collova, LaValle, Blesener. Nays (0). Resolution declared adopted. This resolution appear•s in Resolution Book No. 20, Page 358. Mr. Fahey introduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-8-351 VIEW OF THE STUDY OF THE ISSUE, NO ACTION WILL BE TO REQUIRE FINA SERVE TO INTO CONFORMANCE WITH CO FURTHER STUDY AND ACTION - DECLARING THAT IN NON-CONFORMING SIGN TAKEN BY THE CITY BRING THEIR CURRENT SIGN )E REQUIREMENTS PENDING BY THE COUNCIL The foregoing r•esolution was duly seconded by Mr•. LaValle. Ayes (5) Fahey, LaValle, Scalze, Collova, Blesener. Nays (0). Resolution declared adopted. This r•esolution appear•s in Resolution Book No. 20, page 359. Conley CUP Fahey r•epor•ted that the William Conley request for Conditional Use Permit For~ Auto for• auto sales in Ryan Industrial Park has been tabled by the Planning Sales Commission pending further• infor•mation. Agenda Mrs. Scalze introduced the following r~esolution and moved its adoption: Item ~lo. 9 RESOLUTION N0. 88-8-352 - CONTINUING THE PUBLIC HEARING ON THE WILLIAM CONLEY REQUEST FOR CONDITIONAL USE PERMIT FOR AUTO SALES UNTIL THE SEPTEMBER 28, 1988 COUNCIL MEETING Page -12- MINUTES City Council August 24, 1988 Conley CUP The foregoing resolution was duly seconded by Mr. Blesener. (Cont.) Ayes (5) Scalze, Blesener, Fahey, LaValle, Collova. Nays (0). Resolution declar~ed adopted. This resolution appear•s in Resolution Book No. 20, Page 360. TIF Dan Wilson, Nor~thwest Associates, presented to the Council a draft copy Distr•ict of the Tax Increment Financing Plan for the Yor~kton Development. Wilson No. 2 pointed out that the plan contains two cash flow analysis for the pr~oject, Yorkton and TIF for• the Yorkton Project is feasible. Development Wilson repor~ted that the Gardner• Br•os. project has changed since it was fir~st presented to the Council. Gar•dner• Bros. first planned to construct a 3-story office building and some office/war•ehouse buildings. Those plans have been changed to constr•uct only the office/warehouse buildings at this time with construction of the 3-stor•y office building at a later• date. Due to this change and also the economic development factor~ used by the County, the Gardner Bros.' pr~oject no longer works. Wilson reported that the County is in the process of r•eviewing its application of the economic development factor to TIF pr•ojects, and, hopefully, will change their position on this issue. However, Wilson pointed out that ther•e are possible changes in the TIF law which, if appr~oved, would r•esult in TIF only being used for industrial pr•ojects. If that happens, the Gardner Bros.' office building pr•oposal would no 1 onger~ qual i fy. Scalze asked who the tenant for the Yorkton pr~oject would be. Larry Lee, Yorkton Ltd., r•eplied that North Star Tur•f would be the tenant. Or•iginally the tenant was Gould Company, however, that firm has been reorganized to for•m North Star• Turf. Wilson r•eported that Yor•kton Ltd. has requested $140,000 in TIF assistance and it was Wilson's recommendation that the bond issue be sold for~ $200,000. Wilson reported that the pr•oject will suppor~t up to a$280,000 bond issue. Wilson stated that he has not identified any use for the additional funds, however•, the City can collect them whether the use is identified or not. The fundscould be used for• public impr~ovements, such as the improvement of DeSoto Street, if the Council so desir•es. Blesener pointed out that the funds could also be r~eturned to the County. Fahey asked if the funds could be used to support the Gardner Br•os.' project. Wilson replied that they could, but pointed out that the Gar•dner• Br•os.' pr•oject will support itself if the economic adjustment factor issue is resolved. Page -13- MINUTES City Council August 24, 1988 TIF Lar•r•y Lee repor•ted that he has a client inter•ested in occupying one of Distr•ict his existing buildings. However•, there are r•elocation costs of about No. 2 $280,000 to get this tenant into the buildings. Lee r~eported that he (Cont.) is looking for a tool to assist in the relocation costs and felt that the company would be a good r~esident for the City. Lee also reported that he has another client inter•ested in locating in the City in one of Lee's buildings and this company would requir•e about $250,000 in relocation costs. Scalze felt the use of TIF to relocate companies into existing space was bending the rules. Scalze stated that she felt TIF should be used to assist new construction to increase the tax base of the City. Lee pointed out that the additional impr~ovements to the building would increase its value and, thus, the City's tax base. Scalze again stated that she felt TIF should be used for new construction. Fahey asked if other• cities are doing this. Wilson replied that the City could do it, however~, the TIF bond sale being consider~ed this evening will not gener•ate the kind of money Mr. Lee is talking about. This bond sale will have a sur•plus of approximately $56,000 after administr•ative costs. Wilson also pointed out that the money gener•ated within one of the City's TIF Districts has to be spent within that Distr~ict as well. Scalze asked why TIF would be used to assist in the construction of DeSoto. The City Planner pointed out that the City is pr•ohibiting the use of DeSoto by the industrial pr•operty, an~, ther~efore, it would be unr•easonable to r•equir•e these properties to pick up the cost of improving DeSoto. It has been suggested that TIF could be used to pick up what would have been the industrial properties share of the cost of DeSoto. The other~ cost of the street improvement would be assessed against the benefiting residential pr•oper•ty. Scalze also pointed out that ther•e is a portion of the street under the NSP easement which could not be assessed. Wilson pointed out that the City's policy says that 10% of the cost of the pr•oject will be available to the developer to assist in this project costs, and 5% will be available to the City for public impr•ovements. Blesener stated that he could see using TIF to make impr•ovements to a building, but cannot see using TIF to move a company. Blesener asked what Lee will use the $140,000 in TIF funds for. Lee r~eplied that the $140,000 will be used to write-down land acquisition costs. Page -14- MINUTES City Council August 24, 1988 TIF Wilson r•ecommended that the City float the $200,000 bond issue for TIF District District No. 2. Accumulated sur•pluses can be banked until such time No. 2 as the City wants to spend them on public impr•ovements. (Cont.) There was no one from the general public present wishing to comment on thi s matter•. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-353 - CLOSING THE PUBLIC HEARING ON THE TIF DISTRICT N0. 2- YORKTON DEVELOPMENT The for~egoing resolution was duly seconded by Mr. Fahey. Ayes (5) Scalze, Fahey, Blesener, Collova, LaValle. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, page 361. Mr~s. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-354 - AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN ON BEHALF OF THE CITY TAX INCREMENT FINANCING DISTRICT N0. 2 PLAN ESTABLISHING DISTRICT N0. 2 WHICH WILL BE PREPARED AND SUBMITTED TO THE CITY BY TNE CITY'S BOND COUNSEL The for~egoing r~esolution was duly seconded by Mr. Blesener~. Ayes (5) Scalze, Blesener, Fahey, LaValle, Collova. Nays (0). Resolution declared adopted. This resolution appear•s in Resolution Book No. 20, page 362. Wilson reported that Bond Counsel will be preparing a Development Contract which will be presented to the City for appr•oval and which will outline building size and value, construction and completion dates, and a date by which the City will be r~equired to deliver~ the $140,000 to Yor•kton Ltd. Lar•r•y Lee asked if the Gervais pr•operty was located in a Tax Increment Financing District infor•ming the Council that he had a potential user for~ the proper~ty. The user is a private vocational school. The City Planner indicated that the Gervais pr~operty is in a TIF Distr~ict and a vocational school is a permitted use under IP District. However•, the Planner was not sure whether or not a private vocational school was taxable. Fahey stated that if such a school pays proper•ty taxes, the City would be Page - 15- MINUTES City Council August 24, 1988 TIF i nter•ested. District No. 2 Blesener suggested that the City Planner~'s office wor~k with Lar~r•y Lee (Cont.) on his r•equest for• financing to r~elocate a couple of businesses within existing buildings in the City. Blesener• again stated that he would be in favor• of the use of TIF funds for• building impr~ovements. Fahey felt that new constr•uction was a higher~ priority for• the City. Recess At this point in the meeting, 9:14 P.M., Council took a shor~t recess. the meeting was reconvened at 9:23 P.M. Imp. No. Fahey opened the Public Hearing to consider• assessments for~ Impr•ovement No. 87-8 87-8, which is the improvement by sanitar•y sewer and water~main the ar•ea lying west of DeSoto Street, nor~th of Flllan Avenue extended and east and Agenda south of Centerville Road. The total amount to be assessed is $153,606.17. Item No. 11 The City Engineer r~epor•ted that ther•e is a total acreage of 28.27 acres which will be served by the sewer impr•ovement. The assessments will be divided $2,417_.26 per acre. There ar•e 30.72 acres which will be served by the watermain improvement which is divided into $2,780.31 per acre in assessments. Fahey reported that the Slumber•land proper~ty will be assessed a total of $82,042.61 for sewer and water; the Gar~dner~ Bros. property will be assessed a total of $36,555.69 for• sanitary sewer• and water•; another Gardner Bros. parcel will be assessed $7,529.23 for• sewer• and water•; the Donna Schroeder proper•ty will be assessed $20,666.42 for sewer and water; the William Stenger pr•operty will be assessed $611.67 for water• improvement only; the Norman Dupr•e, Jr. pr•operty will be assessed $2,752.51 for• water improvement only; the Idilliam and Rose Stenger property will be assessed $1,445.76 for~ water impr•ovement only; and the Antoinette Costa property will be assessed $2,001.82 for• water impr~ovement only. Fahey repor•ted that the interest r•ate is 10% per annum and the installment terms are 6 years. Blesener reported that those proper•ties which ar~e being assessed for• watermain improvement only already have sanitar•y sewer available fr•om Centerville Road. There was no one present from the general public wishing to comment on the assessment of Improvement No. 87-8. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTI0~1 N0. II8-8-355 - CLOSING THE PUBLIC HEARING ON IMPROVEMENT N0. 87-8, THE IMPROVEMENT OF CENTERVILLE ROAD BY SEPIER AND WATER Page -16- MINUTES City Council August 24, 1988 Imp. No 87-8 (Cont.) The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) Fahey, Blesener, LaValle, Scalze, Collova. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 363. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-356 - APPROVING AND ADOPTING THE ASSESSMENT ROLL FOR IMPROVEMENT N0. 87-8 AS AMENDED WATER AND SANITARY SEWER IP DISTRICT COUNTY N0. 5767 INTEREST RATE - 10% PER ANNUM INSTALLMENT - 6 YEARS Imp. No 87-15 Agenda Item No. 12 The foregoing resolution was duly seconded by Mr~s. Scalze. Ayes (5) Blesener, Scalze, Collova, fahey, LaValle. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Pages 364 and 365. Scalze reported that there are stakes in the yar•ds of the r~esidents to the south onCenterville Road and asked the City Engineer• what these stakes were for. The Engineer repor~ted that the City has not installed these stakes, and it must be the County. Fahey opened the public hearing to consider assessments for• Improvement No. 87-15, wheelchair lift for the LeClaire Hall. Cost of the improvement is $30,575 and this cost will be assessed against the LeClair•e Hall. Interest r~ate for the assessment is 10% and installment ter•ms ar~e 5 years. Mr~s. Brinkman reported that the wheelchair lift has not been completed and asked what the delay is. The City Cler•k r~epor•ted that the lift is scheduled for delivery from the manufacturer~ by the end of September. Br•inkman asked if the lift was not completed by the end of the year•, if the assessments would still be levied for 1989. The City Clerk replied that they would, otherwise additional inter~est would have to be levied as well. Page -17- MINUTGS City Council August 24, 1988 Imp. No. Mr~s. Qr•inkman r~equested that any information about the assessment of the 87-15 LeClaire Hall pr~operty or any improvement information be directed to her•, (Cont.) since she is responsible for the payment of these assessments. There was no one else present wishing to comment on the assessment of Impr•ovement No. 87-15. Mrs. Scalze introduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-8-357 - CLOSING THE PUBLIC I~EARING ON IMPROVEMENT N0. 87-15, WIiEELCHAIR LIFT AT LECLAIRE HALL The for~egoing resolution was duly seconded by Mr. Blesener•. Ayes (5) Scalze, Blesener, Fahey, Collova, LaValle. Nays (0). Resolution declared adopted. This resolution appear•s in Resolution Book No. 20, Page 366. Mr. Dlesener• introduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-8-358 - APPROVING AND ADOPTING THE ASSESSMENT ROLL FOR IMPROVEMENT N0. 87-15 AS AMENDED, VERTICA~ LIFT, COUNTY N0. 5889, INTEREST RATE - 10% PER AN~IUM INSTALLMENT - 5 YEARS The foregoing r•esolution was duly seconded by Mrs. Scalze. Ayes (5) Blesener, Scalze, Collova, Fahey, LaValle. Nays (0). Resolution declar•ed adopted. This resolution appears in Resolution Book No. 20, Page 367 and Page 368. Imp. ~lo. Fahey opened the public hear•ing on the pr•oposed assessment for• Impr•ovement 87-25 No. 87-25, improvement of Rice Street by building demo1ition. The amount of the assessment is $6,383.59 to be assessed against Par~cel No. 06-29-22- Agenda 22-~~24-~• Item No. 13 There was no one present wishing to comment on this assessment. Mr•. Co1lova introduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-8-359 - CLOSING THE PUBLIC HEARING ON IP9PROVEMENT N0. 87-25, VIDEO BUILDING REMOVAL Page -18- MINUTES City Council August 24, 1988 Imp. No. The foregoing resolution was duly seconded by Mr. Blesener. 87-25 Ayes (5) Collova, Blesener, LaValle, Fahey, Scalze. (Cont.) Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 369. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-360 - APPROVING AND ADOPTING THE ASSESSMENT ROLL FOR IMPROVEMENT N0. 87-25 AS AMENDED VIDEO BUILDING REMOVAL COUNTY N0. 5890 INTEREST RATE - 8% PER ANNUM INSTALLMENT - 5 YEARS The foregoing r~esolution was duly seconded by Mrs. Scalze. Ayes (5) LaValle, Scalze, Blesener, Collova, Fahey. Nays (0). Resolution declar•ed adopted. This r•esolution appears in Resolution Book No. 20, Pages 370 and 3?1. Tree Fahey opened the public hearing to consider assessment of the Wright property, Removal 2829 Noel Dr~ive, for tree removal in the amount of $205.00. Assessments There was no one pr•esent to comment on this assessment. Agenda Item No. 14 Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-361 - CLOSING THE PUBLIC HEARING ON ASSESSMENT OF THE WRIGHT PROPERTY FOR TREE REMOVAL DURING 1988 The for•egoing r•esolution was duly seconded by Mr•. LaValle. Ayes (5) Fahey, LaValle, Collova, Scalze, Blesener. Nays (0). Resolution declared adopted. This r•esolution appears in Resolution Book No. 20, Page 372. Mr. Fahey intr•oduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-8-362 - APPROVING AND ADOPTING THE ASSESSMENT ROLL FOR TREE REMOVAL IMPROVEME~ITS DURING 1988 AS AMENDED FOR THE WRIGHT PROPERTY, 2829 NOEL DRIVE, COUNTY N0. 5899 INTEREST RATE-10% PER A'~!NUM INSTALLMENT - 3 YEARS Page -19- MINUTES City Council August 24, 1988 Tree The for•egoing resolution was duly seconded by Mrs. Scalze. Removal Ayes (5) Fahey, Scalze, LaValle, Collova, Blesener. Assessments Nays (0). (Cont.) Resolution declared adopted. This r•esolution appear~s in Resolution Book No. 20, Pages 373 and 374. Fahey opened the public hearing to consider• the assessment of the Skipon proper•ty, 437 Sextant Avenue E., for• tree r~emoval during 1988. Assessment amount is $334.00. Ther•e was no one present fr•om the general public wishing to comment on this assessment. Mr•s. Scalze intr~oduced the following resolution and moved its adoption: RESOLUTIODI N0. 88-8-363 - CLOSING THE PUBLIC HEARING ON THE ASSESSMENT OF THE SKIPON PROPERTY FOR TREE REMOVAL DURING 1988 The for~egoing r~esolution was duly seconded by Mr•. Blesener•. Ayes (5) Scalze, Blesener, LaValle, Collova, Fahey. Nays (0). Resolution declared adopted. This resolution appear•s in Resolution Qook No. 20, Page 375. Mr. Blesener introduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-364 - APPROVING AND ADOPTING THE ASSESSMENT ROLL FOR TREE REMOVAL IMPROVEMENTS DURING 1988 AS AMENDED SKIPON PROPERTY - 437 SEXTANT AVENUE E. COUNTY N0. 5899 INTEREST RATE - 10% PER ANNUM INSTALLMENT - 3 YEARS The foregoing resolution was duly seconded by Mr•. LaValle. Ayes (5) alesener~, LaValle, Collova, Scalze, Fahey. Nays (0). Resolution declar~ed adopted. This resoltuion appear~s in Resolution Book No. 20, Pages 376 and 377. Marche Lot Donna Mar•che, 43 East County Road B, has requested appr•oval of a lot Combination combination for her• two lots. The Mar•che home cur•r•ently str~addles the lot line and the combination will r•esult in the Mar•che home being located on one lot. Page -20- MINUTES City Council August 24, 1988 Marche Lot The City Planner recommended approval of the combination in his repor•t Combination dated August 8, 1988. The Planning Commission r•ecommended approval as (Cont.) well. Mrs. Scalze introduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-365 - APPROVING THE MARCHE LOT COMBINATION AS PRESENTED BASED ON THE RECOMMENDATION OF TNE CITY PLANNER AND PLANNIN6 COMMISSION The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) Scalze, Blesener, Collova, Fahey, LaValle. Nays (0). Resolution declared adopted. This r~esolution appears in Resolution Book No. 20, Page 378. Bibeau Scalze repor•ted that she and Jim Morelan and Bill Sanders will be looking & Fasciana at the Bibeau and Fasciana homes, which the City purchased in conjunction Houses with the Centerville Road ar~ea park pr•operty, to deter•mine if there is any value in retaining these homes. Agenda Item D Fahey repor~ted that Morelan infor•med him that there was no pur•pose in r•etaining the Fasciana home and the Fire Depar~tment is planning to use the house for~ conducting drills. Scalze reported that she would report to the Council on the inspection of the Bibeau house. Assessment The City Engineer reported that the assessment reapportionments for~ Division Reapportion- Nos. DA 061647 and DA 061651 wer•e routine and recommended approval. ment Div. No. Mr. Fahey introduced the following resolution and moved its adoption: DA 061647 & DA 061651 RESOLUTION N0. 88-8-366 - APPROVING THE ASSESSMENT REAPPORTIONMENT FOR DIVISION Agenda NOS. DA 061647 AND DA 061651 AS RECOMP1ENDED item No. 16 BY THE CITY ENGINEER The foregoing resolution was duly seconded by Mr•. LaValle. Ayes (5) Fahey, LaValle, Collova, Blesener•, Scalze. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 379. Page -21- P9INUTES City Council August 24, 1988 Jesper•sen The City Engineer• reported that ther•e was an over•lap on the old section Assessment maps. These maps showed the Jesper•sen property having 17.15 feet more, Cor•rection than there actually was. Therefore, the Jesper•sen property has been incorrectly assessed. The Engineer~ reported that the new section maps Agenda for~ the ar•ea have been corrected. Item No. 17 Mr•s. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-367 - APPROVING THE ASSCSSMENT CORRECTION FOR THE JESPERSEN PROPERTY SINCE THE PROPERTY WAS ASSESSED FOR 17.15 FEET MORC THAN ACTUALLY EXISTS, AND APPROVING THE REFUND OF THE AMOUNT ASSESSED FOR THAT 17.15 FEET 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 380. Assessment The City Engineer r~eported that the City previously changed the assessment Corr•ection of cor•ner• lots on Morrison from 167 feet to an assessment for 113 feet. Morrison However, one lot was overlooked, and the City Engineer recommended that Avenue this assessment be cor~rected. Agenda Mr. Fahey introduced the following resolution and moved its adoption: Item No. 18 RESOLUTION N0. 88-8-368 - APPROVING THE ASSESSMENT CORRECTION FOR IMPROVEDIENT N0. 86-2, MORRISON AVENUE, PARCEL N0. 08-29-22-23-0054 FROM 167 FEET TO 113 FEET PURSUANT TO RESOLUTION N0. 87-9-428 The for•egoing resolution was duly seconded by Mr•. Collova. Ayes (5) Fahey, Collova, Scalze, 6lesener. LaValle. ~lays (0). Resolution declared adopted. This r•esolution appears in Resolution Book No. 20, Page 381. City Park The City Attor•ney reported that AIC Corporation is working to get their• Purchases mor•tgage released from the por•tion of pr•oper~ty that the City wants to Agenda pur~chase from them in the Center•ville Road area. Once the mortgage Item No. 19 r•elease is obtained, the purchase can pr~oceed. The Attor•ney also repor~ted that he is still working on the title problems with the Spooner Par~k purchase and, hopefully, these will be resolved and the closing can take place by the middle of September~. Page -22- MINUTES City Council August 24, 1988 Keane The City Attorney repor•ted that Mr. Keane is appealing his assessment Assessment for Impr•ovement No. 86-2. The Attorney reported that the matter is scheduled to go to tr•ial in September. The Attorney requested a Agenda closed session following the meeting to discuss this pending litigation. Addition Zoning The City Planner presented the Council with a report dated August 22, Of So. 1988 regarding the zoning of the South Owasso Boulevar•d ar~ea and his Owasso recommendations for rezoning of this area to IP District. Blvd. Area The Council discussed this area as well as ar~eas on Rice Str~eet which ar•e zoned Industr•ial. It was pointed out that the City's current Agenda Industrial zoning allows metal buildings. Item No. 20 The Council also discussed the zonings of the trailer~ court on Country Drive as well as the Anderson trailer court on Rice Str•eet. It was the feeling of the Council that metal buildings should not be allowed to develop on Rice Street, therefore, the Industrial proper~ty located on Rice Street should be considered for rezoning to either B-3 or IP District. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-370 - CALLING FOR A PUBLIC HEARING fOR SEPTEMBER 28, 1988 TO CONSIDER, BY COUNCIL INITIATION, TNE REZONING OF PARCELS OF LAND AS OUTLINED IN THE PLANNER'S REPORT DATED AUGUST 22, 1988 TO IP DISTRICT WITN TNE INCLUSION OF THE TACO JOHN'S PROPERTY, DICK & MARY'S PROPERTY AND ADJACENT RAMSEY COUNTY PROPERTY TO BE CONSIDERED FOR REZONING TO EITHER B-3 OR IP DISTRICT BASED ON THE PLANNER'S REPORT DATED AUGUST 22, 1988 The for~egoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Fahey, Scalze, Blesener, LaValle, Collova. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 382. Dispute The Council reviewed the funding r~equest submitted by Dispute Resolution Resolution Center, with Fahey r•ecommending that the City not participate in this Center program. Fahey pointed out that the program will be available to r~esidents of the City. The City's contr•ibution would be to cover disputes Agenda the Center may assist in r•esolving between the City and r~esidents. Fahey Item No. 22a pointed out that such disputes would, most likely, not be directed to the Center for• r•esolution. Page -23- MINUTES City Council August 24, 1988 Train Council r~eviewed the letter it received from the Oakmont Townhome Association Whistles pointing out that Mr. Lar•ry Struck is not representing the condominium association on the issue of tr•ain whistles, and the association does not Agenda suppor~t Mr~. Str•uck's position. Ther•efore, the association requested a Item No. 22b wor~ding change to Resolution No. 88-6-236. Mr. Fahey intr•oduced the following r~esolution and moved its adoption: RESOLUTION N0. 8II-8-370 - AMENDING THE WORDING OF RESOLUTION N0. 88-6-236 STRIKING THE 6dORDING "THE RESIDENTS OF THE OAKMONT CONDOMINIUMS AND OTHER" 7he foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) Fahey, Blesener, Scalze, Collova, LaValle. Nays (0). Resolution declar•ed adopted. This r•esolution appears in Resolution Book No. 20, Page 383. Comparable Fahey recommended that the City Clerk be authorized to determine how 6Jorth other small cities have handled the issue of compar~able wor~th, and, if necessar•y, to look into consultants who can assist the City on this Agenda matter. Fahey pointed out that State Statutes pr•ovide a penalty to Addition cities who have not taken action on this issue. Council was in agreement with these dir•ectives. Cable TV Blesener recoirrtnended Council approval of a resolution submitted by the Cable TV Commission which supports community access management by a Agenda non-profit cor~poration. Item No. 23a Bill Bruce asked the effect of this on the Cable TV fr•anchise fee the City is receiving. Blesener reported that the Commission's intent is to use the franchise fees as they wer~e meant to be used. However, at this point this is part of the negotiations. Mr•. Fahey introduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-371 - SUPPORTING COMMUNITY ACCESS MANAGEMENT BY A NON-PROFIT CORPORATION The foregoing resolution was duly seconded by Mr. LaValle. Ayes (5) Fahey, LaValle, Collova, Blesener, Scalze. Nays (0). Resolution declar•ed adopted. This r•esolution appears in Resolution Qook No. 20, Page 384. Page -24- MINUTES City Council August 24, 1988 Water Works Mr. Blesener introduced the following resolution and moved its adoption: Assoc. National RESOLUTION N0. 88-8-372 - AUTHORIZING THE Conference ATTENDANCE OF TNE PUBLIC WORKS SUPERINTENDENT AT THE AMERICAN WATER WORKS ASSOCIATION Agenda REGIONAL CONFERENCE IN ST. PAUL ON S~PTEMBER Addition 21, 22 AND 23, 1988 AT A COST OF $105,00 The foregoing resolution was duly seconded by Mr. Fahey. Ayes (5) Blesener, Fahey, Scalze, Collova, LaValle. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 385. Purchase Blesener reported that Public Works would like author•ization to call for Of One- bi ds for~ a one-ton tr•uck wi th a uti 1 i ty box and cr•ane. The cur•r•ent one-ton Ton Truck truck has over 100,000 miles on it. Public Works also needs a larger cr•ane than the pr~esent one they have. These purchases have been budgeted Agenda for. Addition Mr. Blesener• introduced the following resolution and moved its adoption: RESOLUTION N0. 88-8-373 - AUTNORIZING PUBLIC WORKS TO CALL FOR BIDS FOR A ONE-TON TRUCK PLUS UTILITY BODY AND CRANE The foregoing resolution 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 386. Sprinkling Blesener reported that the Mayor is recommending that the City Garage Of City be sprinkled. This expenditure has been budgeted for in the 1988 Budget. Garage Mr. Blesener~ introduced the following r~esolution and moved its adoption: Agenda Addition RESOLUTION N0. 88-8-374 - CALLING FOR BIDS FOR OUTSIDE SERVICE WORK NEEDED FOR SPRINKLING OF THE CITY MAINTENANCE GARAGE The foregoing resolution was duly seconded by Mr. Fahey. Ayes (5) Dlesener, Fahey, Collova, Scalze, LaValle. Nays (0). Resolution declared adopted. This resolution appear~s in Resolution Book No. 20, Page 387. Page -25- MINUTES City Council August 24, 1988 Confined Blesener• reported that the Confined Entry Law r•equires cities to have Entr~y Law personnel tr~ained in fir•st aid. The Council discussed this and felt that the City should pay cour•se fees for employees who want First Aid or CPR Agenda tr~aining. However, such training should be taken after• normal wor•king Addition hours. Mr. Blesener introduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-375 - AUTHORIZING THE PAYMENT OF COURSE FEES FOR INTFRESTED CITY EP4PLOYEES TO ATTEND FIRST AID TRAIPJING AS WELL AS CPR TRAINING WITH THE STIPIILATION THAT THESE TRAINING SESSIONS SHOULD BE ATTENOFD DURING THE EVENING HOURS The for•egoing r•esolution was duly seconded by Mr. LaValle. Ayes (5) Blesener, LaValle, Collova, Scalze, Fahey. Nays (0). Resolution declared adopted. This resolution appears in Resolution Book No. 20, Page 38II. Water Tank Blesener r•eported that Public Works is recommending that an inspection Inspection of the City's water•tower be done. The tower is 10 years old and should be inspected. Blesener repor•ted that there are independent consulting Agenda fir•ms which will do the inspection for• between $1,500 and $2,300. Addi ti on Mr. Blesener introduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-8-376 - AUTHORIZI~IG THE PUBLIC WORKS DEPARTMENT TO HAVE THE CITY'S WATER TOWER INSPECTED The foregoing r•esolution was duly seconded by Mr•s. Scalze. Ayes (5) Blesener•, Scalze, Fahey, Collova, LaValle. Nays (0). Resolution declar~ed adopted. This resolution appear•s in Resolution Book No. 20, Page 389. Water Loss Blesener reported that the City's water loss for• the first six months of 1988 was 2%. This is a significant decrease over previous water loss figures. Carla Lane Collova r•eported that the Building Inspector is working on the complaints raised at the previous Council meeting r•egar•ding illegal businesses and Agenda illegally par•ked motor homes on Carla Lane. The Building Inspector will Addition r~epor•t on the situation in the near~ future. Page -26- MINUTES City Council August 24, 1988 Clean-Up Scalze reported that she has received complaints about the condition of Of Edgerton a yar•d on Edgerton near~ Sunrise Dr•ive. Yar•d Collova r•epor•ted that the Building Inspector is wor•king with the Agenda proper~ty owners to get this situation cleaned up. Addition Park Scalze reported that a par•k charge is due for the Har~dees par~cel due Charge to the subdivision of the Schroeder property. Since ther•e have been For no recent sales of the property, Scalze reported that an appraiser Hardees will have to be hir•ed to determine the value of the proper•ty. Agenda P9r~. Blesener introduced the following resolution and moved its adoption: Addition RESOLUTION N0. 88-8-377 - AUTHORIZING THE CITY CLERK TO HIRE AN APPRAISER TO DO AN APPRAISAL OF THE HARDEE'S PROPERTY WHICH CAN THEN BE USED TO DETERMINE A PARK CHARGE FOR THAT PROPERTY The foregoing resolution was duly seconded by Mr. Collova. Ayes (5) Blesener•, Collova, LaValle, Fahey, Scalze. Nays (0). Resolution declared adopted. This r•esolution appears in Resolution Book No. 20, Page 390. 1988 Mrs. Scalze intr~oduced the following r•esolution and moved its adoption: Budget Car~ry-Over RESOLUTION N0. 88-8-378 - AUTHORIZING TNE CARRY-OVER OF ANY UNSPENT 1988 PARK AND Agenda RECREATION BUDGET AMOUNTS TO THE 1989 Addition PARK AND RECREATION BUDGET The foregoing r•esolution was duly seconded by Mr•. Blesener. Ayes (5) Scalze, Blesener, Collova, Fahey, LaValle. Nays (0). Resolution declared adopted. This r•esolution appears in Resolution Book No. 20, Page 391. Spooner Scalze asked the status for completion of the topography map for the Par~k Centerville Road property. Scalze reported that the Park Cansultant is waiting for this map so that the Centerville Road par•k plan can be Agenda adjusted to meet existing topography. Addi ti on The City Engineer r•eplied that he believed the field work was completed, and that the map was in the process of being drawn. Page -27- MINUTES City Council August 24, 1988 Canadian The Mayor thanked the member•s of the Canadian Days Committee on behalf Days of the City for~ all the work that they did putting on this year's Committee Canadian Days Celebration. Fahey pointed out that the Committee is a small one and they put forth a lot of effor•t in putting on the Celebr•ation. Agenda Addition Fahey repor•ted that he has asi<ed the City Clerk to put together• a 1989 budget for~ the Canadian Days Committee to get some of the needed capital improvements done in Spooner• Park for• the Celebration. Scalze repor~ted that the Park Commission has alr•eady addressed some of these capital improvements in their 1989 Budget r~equest. Fahey also r~epor•ted that if anyone is inter•ested in serving on the Canadian Days Committee they can contact Ray Hanson or the City Clerk for more information. Watershed LaValle reported that the City's r•epresentative on the Ramsey/Washington District Metr•o Water•shed Distr•ict Boar•d, Dean Hedlund's term will expire on February Nominations 23, 1989. Agenda Consistent with past City policy, it was felt that the position should be Item No. 26a advertised. The City Clerk was also instructed to determine if P~r•. Hedlund is inter•ested in a r•eappointment to the position. Blesener• suggested that since the City Council r•eviewed the attendance recor•ds of the Planning Commission and Park Commission members when consider•ing r•eappointment, Mr~. Hedlund's attendance record should be r•eviewed as well. Election The City Cler~k submitted to the Council a list of proposed election Judges judges for the September primary and November• gener•al elections. Agenda Mr•. LaValle introduced the following resolution and moved its adoption: Item No. 26b RESOLUTION N0. 88-8-379 - APPOINTING THE ELECTION JUDGES FOR THE SEPTEMBER AND NOVEMBER ELECTIONS AS RECOMMENDED BY THE CITY CLERK The for~egoing r~esolution was duly seconded by Mr. Blesener. Ayes (5) LaValle, Blesener, Collova, Scalze, Fahey. Nays (0). Resolution declar•ed adopted. This r~esolution appears in Resolution Book No. 20, Page 392. Vouchers Mr. LaValle introduced the following r•esolution and moved its adoption: Agenda RESOLUTION N0. 88-8-380 - APPROVING THE Item No. 26c VOUCHERS Page -28- MINUTES City Council August 24, 1958 Vouchers The foregoing r•esolution was duly seconded by Mr•. Blesener. (Cont.) Ayes (5) LaValle, Blesener, Collova, Scalze, Fahey. Nays (0). Resolution declared adopted. This resolution appear•s in Resolution Book No. 20, Page 393. Stenger The Council reviewed the letter• received from William Stenger~, Jr. regarding Complaint the Little Canada Road bridge and Centerville Road pr•oject. Agenda Blesener pointed out the concerns Stenger raised with regard to length Addition of the project as well as lack of infor~mation to businesses and residents r~egar~ding road closings, etc. Blesener r•eplied that the City was in the same position as the businesses and residents in that it was not advised of these details by the contractors on the pr•oject, and when advised, there were instances when the details were changed by the contractor•. Closed At this point in the meeting, the City Attorney requested a closed session Session to discuss pending litigation. Agenda Mr. Collova introduced the following resolution and moved its adoption: Addition RESOLUTION N0. 88-8-381 - AUTHORTZING A CLOSED SESSION TO DISCUSS PENDING LITIGATION WITH THE CITY ATTORNEY The foregoing r~esolution was duly seconded by Mrs. Scalze. Ayes (5) Collova, Scalze, Fahey, Blesener, LaValle. Nays (0). Resolution declared adopted. This resolution appear•s in Resolution Book No. 20, Page 394. Adjour•n Mr. Fahey introduced the following resolution and moved its adoption: Agenda RESOLUTION N0. 88-8-382 - ADJOURNING Item No. 27 The for•egoing r•esolution was duly seconded by Mrs. Scalze. Ayes (5) Fahey, Scalze, Collova, LaValle, Blesener. Nays (0). Resolution declar•ed adopted. This r•esolution appears in Resolution Book No. 20, page 395. There being no further• business, the meeting was adjourned at 10:35 P.M. Respectfully s~ mitted, - ~/~ ~ % ~ ,/~',n _ `~ ~ti~'.ll,, l Kathy Gl ~izer Recor•din'y Secretary Page -29-