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HomeMy WebLinkAbout12-13-89 Council MinutesMINUTES OF THE REGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA DECEMBER 13, 1989 Pursuant to due call and notice thereof a regular meeting of the Council of the City of Little Canada, Minnesota was held on the 13th day of December, 1989 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Mayor Michael Fahey chaired the meeting and called it to order at 7:30 P.M. and the following members of the Council were present at roll call: MEMB~RS PRESENT: Mayor Mr. Michael Fahey Councilman Mr. Bill Blesener Councilman Mr. Rick Collova Councilman Mr. Jim LaValle Councilwoman Mrs. Beverly Scalze ALSO PRESENT: City Admin. Mr. Joel Hanson City Engineer Mr. Donald Carley City Attorney Mr. Thomas Sweeney Cable TV Prod. Mr. Bill Bruce Rec. Secretary Mrs. Kathy Glanzer MINUTES Blesener suggested that Page 11 of the November 22nd minutes be amended clarifying that the reason he voted against Resolution No. 89-11-566 was because he believed that in addition to the $500 false alarm charge being too high, the $250 charge was also too high. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-583 - APPROVING THE MINUTES OF THE NOVEMBER 22, 1989 REGULAR COUNCIL MEETING AS AMENDED The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) Scalze, Blesener, LaValle, Collova, Fahey. Nays (0). Resolution declared adopted. Page 1 MINUTES CITY COUNCIL December 13, 1989 ANNOUNCEMENTS Scalze reported that a Marketplace Morning Talk will be held on Thursday, December 14th, from 9:30 A.M. to 10:30 A.M. at the Rendevouz Cafe. Scalze reported that walk-ins will be accepted if there is space available. Blesener pointed out the article that appeared in today's edition of the Pioneer Press/Dispatch on the proposed development of the Country Drive area. PUBLIC The Mayor opened the public hearing to consider HEARING adoption of the proposed 1990 Budget. The Mayor 1990 BUDGET reported that the City Council has held numerous workshop meetings on this matter, and the budget figures being considered this evening are the result of this review. The Mayor reviewed the Public Hearing Notice that the City was required to publish. That notice indicated that the City Council is proposing to increase total property taxes for 1990 by'26.9%. Fahey pointed out that the majority of the increase, or 20.30, are funds that the City must levy due to a decrease in Local Government Aids that the City will receive in 1990. Fahey explained that the State Legislature shifted these local government aids from the City to the School Districts, forcing the City to levy for the decrease. Fahey pointed out that had aids not been shifted away from the City, the budget increase for 1990 would have been 6.6%. Of that 6.60, 2.4% is needed to support existing programs, and the remainder to finance construction of a new fire station. The Mayor then reviewed in detail the City Auditor's report dated November 7, 1989 which details the 1990 Budget and Tax Levy information. Fahey pointed out to the general public that 15% of every tax dollar is allocated to the City, while the School District receives 50% of tax dollars, the County 20 to 25%, and the remainder to other taxing bodies. Page 2 MINUTES CITY COUNCIL December 13, 1989 Fahey also pointed out that the 26.9% City tax increase should not increase property taxes since the shift in local government aids should reduce school district levies and offset the increase in City taxes. Blesener pointed out that the Legislature, at its September session, voted to shift local government aids from cities to school districts. Blesener also reported that as a result of the shift of local government aids, the City Council went back and decreased the City's budget by $50,000 in order to keep the increase as low as possible by delaying City programs. Blesener again pointed out that the portion of the budget over which the Council had control increased by only 6.6%, while the remainder of the increase is due to the State's shifting local government aids. Fahey agreed, and pointed out that for the past four or five years City budgets have either decreased or remained the same, while increases in property taxes were the result of increased tax levies by the School District and County. A1 Faldesac, 3085 Ontario Road, questioned the increase in the City's maintenance portion of the Budget. Blesener explained that the increase of approximately $255,000 in the City's budget is the result of the shift of local government aid from the City to the School District. Fahey pointed out that based on past formulas, the City had expected to receive $441,000 in local government aid from the State in 1990. However, based on the action taken by the Legislature in September, the City's local government aid was reduced by $255,000, with these funds shifted to the School District. Faldesac questioned the public hearing notice that the City published announcing the Budget hearing. Blesener replied that the public hearing notice format was mandated by the Legislature. Blesener again pointed out that the City is only responsible for 15 to 20% of property taxes levied, while the School District receives 50% of property tax dollars. Blesener again pointed out that due to the additional local government aids that the School District will receive, their tax levy should be reduced, thus offsetting the additional amount the City was forced to levy. PAGE 3 MINUTES CITY COUNCIL December 13, 1989 Blesener pointed out that for the past several years the City's levy has remained consistent with the 1985/86 levy amount being $1,277,000, 1986/87 $1,270,000, 1987/88 $1,275,000, and 1988/89 $1,258,000. The 1989/90 levy had been proposed at $1,365,000, however, due to the shift in local government aids, the levy amount had to be increased to $1,597,000. Blesener pointed out that the majority of the 6.60 increase that the City had originally proposed was due to financing for a new fire station. There were no other comments from the general public present on the proposed 1990 Budget. Upon motion by Fahey, seconded by Scalze, the public hearing was closed. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-584 - APPROVING THE 1990 GENERAL FUND AND BONDED INDEBTEDNESS TAX LEVY AS PRESENTED BY THE CITY STAFF AND AS AMENDED BY THE CITY COUNCIL IN THE AMOUNT OF $1,597,030 The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) Fahey, Blesener, Collova, Scalze, LaValle. Nays (0). Resolution declared adopted. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-585 - APPROVING THE 1990 BUDGET AS OUTLINED IN EXHIBITS A THROUGH D OF TxE CITY AUDITOR'S REPORT DATED NOVEMBER 8, 1989 The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) Fahey, Blesener, Scalze, Collova, LaValle. Nays (0). Resolution declared adopted. CITY CENTER Mr. Paul Mickelberg, Boarman & Associates, appeared EXPANSION before the Council reporting on his firm's efforts in studying the issue of expansion of the existing City Page 4 MINUTES CITY COUNCIL December 13, 1989 Center. Mickelberg reported there has been discussion about a combination new fire station and city center, however, it is his feeling that without adequate land area, the two uses would not mesh. Therefore, his firm is leaning toward the expansion of the existing building. Blesener asked which option would be the most economical. Mickelberg replied that an addition to the existing building would be the most economical. The existing City Center consists of 6,000 square feet, and it is his firm's estimate that an additional 4,000 square feet of space is needed. Remodeling costs would run between $35 and $40 per square foot, while new construction costs are between $70 and $85 per square foot. Mickelberg pointed out that 3,000 of the City Center's existing 6,000 square feet is basement area, and he did not anticipate any remodeling of the basement. Mickelberg also pointed out that if a fire station/city center combination was decided upon, there would be additional land acquisition costs necessary. Also, given the slope of the land where the new fire station would be located, it would be difficult and costly to construct a combination fire station/city center. Mickelberg presented three option plans that his firm has put together for an addition onto the existing City Center building. Mickelberg pointed out that all three options call for redoing the existing parking lot areas. Mickelberg then proceeded to describe these plans in detail to the Council. Fahey pointed out that the City Council has appointed a citizens' committee to study city center expansion needs. Fahey invited Mickelberg to present these option plans to the committee for their review and comment. Scalze asked £or a cost estimate for expanding the existing City Center. Mickelberg estimated remodeling costs at $120,000 and the 4,000 additional square feet of building at $300,000 for a total of $420,000. However, Mickelberg pointed out that this estimate included building costs only. Page 5 MINUTES CITY COUNCIL December 13, 1989 Blesener asked if the estimate included refacing the existing building with brick. Mickelberg reported that the $40 per square foot remodeling costs included some improvements to the exterior of the building, but not a major overhaul with brick. Mickelberg estimated that brick might cost between $7 and $12 per square foot. Fahey again commented that the citizens committee on the expansion of the City Center will meet on Monday morning at 8 A.M. Mickelberg suggested that one of the first issues that needs to be resolved is whether to include a City Center complex with the new Fire Station. Mickelberg pointed out that this decision needs to be made before the two projects can proceed much further. Blesener felt that the Committee would be able to make that decision on Monday morning by reviewing the cost estimates that have been presented. PARADEE Blesener reported that on October 25, 1989, the City ASSESSMENT Council reviewed past history regarding the sewer and CONCERN water assessment for 2875 Jackson Street. Blesener reported that when utilities were put in this area in the late 1960's and early 1970's, the property owner of 2875 Jackson requested not to be included in the improvements. Therefore, no utilities stubs were provided for the property. However, in researching past assessment records, the property was assessed for a sewer stub. The City Engineer agreed that the property was assessed for a sewer stub. However, pointed out that there is no special assessment charge for water stubs, therefore, the property was not assessed for a water stub. Collova asked how stub locations were determined. The City Engineer replied that at the time these improvements went in, his office asked property owners where they would like the stubs. The property owner at the time did not want the stubs unless the improvement went in on Jackson Street. Page 6 MINUTES CITY COUNCIL December 13, 1989 Mr. Ron Paradee appeared before the Council and reported that the property owner at the time the utilities went in did not want the utilities on Jackson Street. Paradee also reported that when the utilities were under construction, someone stopped by the house and asked one of the children who were home at the time where the stubs should be located. Paradee felt this inappropriate. Paradee also relayed conversations he had with the previous Public Works Superintendent about the situation, who had indicated that if the property was assessed for the improvement and no stubs put in, the City would be responsible for providing the stubs. Paradee reported that since the property was assessed for a sewer stub and none was received, he is requesting the City pay the cost of installing a water and sewer stub for the property. That cost is $2,325.00. Paradee reported that he would pay the cost of street restoration work. The City Engineer reported that now when sewer and water lines are installed, stubs are provided to all properties regardless of whether the property owners want the stubs or not. Blesener pointed out that the City files have no documents showing that the property owner did not want the utility stubs. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-586 - APPROVING THE PAYMENT OF $2,325.00 TO VILLAGE PLUMBING FOR INSTALLATION OF SEWER AND WATER STUBS FOR 2875 JACKSON STREET, THE OWNERS OF WHICH ARE RON AND BEVERLY PARADEE, WITH THE PROPERTY OWNER TO PAY STREET RESTORATION COSTS The foregoing resolution was duly seconded by Mr. Fahey. Ayes (5) Blesener, Fahey, Collova, Scalze, LaValle. Nays (0). Resolution declared adopted. ROUND LAKE The City Engineer reported that he discussed Round Lake RETAINING retaining wall with the City Planner, who indicated WALL that there is no requirement in the Development Page 7 MINUTES CITY COUNCIL December 13, 1989 Agreement regarding this wall. The Engineer reported that he also inspected the wall with the Building Inspector. The Engineer reported that the situation was discussed with the City Attorney who indicated that he did not believe the City had the authority to require the developer to rebuild the wall or construct a new wall. Fahey asked if the Watershed District would have this authority. The City Engineer replied that the Watershed would be concerned about erosion into the lake. Fahey suggested that since this appears not to be a City problem, the property owners should address the matter with the Watershed or the developer. Jay McNabb, attorney representing the Round Lake Trail Homeowners Association, reported that he has supplied the City with documents which are contrary to the report given by the City Engineer. These documents indicated that the DNR and Watershed believe the problem to be the City's responsibility. McNabb reported that the wall is coming down and steps need to be taken to get it reinforced. There are also additional areas that need a retaining wall. McNabb stated that if the City does not accept reponsibility, the residents need to take some action. The residents are extremely concerned and the matter needs to be addressed. Fahey pointed out that the question is whether the Watershed and DNR are correct. The matter is not addressed in the Development Agreement that the City has with the developer. Fahey stated that he understands the concern, but was not willing to accept liability on the part of the City. Blesener suggested that the City Attorney contact the Watershed and DNR on the matter, as well as obtain the documents that Mr. McNabb has and review them. Fahey agreed, and stated that he will be guided by the opinion of the City Attorney, however. The City Attorney requested that Mr. McNabb provide his documents. Page 8 MINUTES CITY COUNCIL December 13, 1989 Mr. Pantzar pointed out that the documents had already been provided. Pantzar expressed concern that there was not more involvement on the part of the City's Building Inspector when the wall was being constructed. Pantzar also pointed out the City issued the occupancy permits for the townhomes. Fahey again stated that the City Attorney will review the situation and give the Council an opinion. Pantzer pointed out that the City was the inspector on the project and it was the City's responsibility to make sure the project was developed properly. The City Attorney reported that he would like to examine the documents that have been referenced. The Attorney stated that if the development agreement addressed the retaining wall, then wall would be the City's reponsibility. Mr. McNabb stated that he would reprovide the documents that he previously submitted. Fahey suggested that the original minutes on the townhome development be researched to determine if there was any reference to the retaining wall. These minutes should be provided to Mr. McNabb and the City Attorney. CENTRE PLACE Fahey reported that it appears that Mr. Nick Boosalis has done substantially what the City had required with regard to screening of his retail building on Rice Street. Tim Townsley, Iona Lane resident, appeared before the Council and reported that the retaining wall that has been constructed is not the height that the developer had indicated. Townsley also reported that there are less trees than were agreed to. Fahey reported that City records indicate that the developer agreed to plant 8 trees along the fence. Townsley disagreed and indicated that the number of trees was to be 16. Townsley was also concerned that the trees are not the height that was promised. Townsley stated that the developer was to leave an area of 30 feet on the north side of the fence untouched, Page 9 MINUTES CITY COUNCIL December 13, 1989 and that untouched area is only 13 to 14 feet wide. Townsley reported that the retaining wall and fence height are his big concerns, pointing out that the fence is not as high as had been indicated. However, his biggest concern is the number of trees. Townsley also reported that he was not happy with the location of the dumpster pit, pointing out that it was not shown on the plans. Nick Boosalis, the developer of the project, agreed to add an additional row of 8 trees to the screening. Blesener pointed out that the trees that are there are at least 6 feet in height, pointing out that he measured them. Blesener also indicated that it would be difficult to successfully plant trees any larger. Mr. Boosalis requested a temporary occupancy permit for MGM Liquor. Boosalis pointed out that he is in the process of getting final plat approval for the project and that MGM would like to open in their new location for the holidays. Boosalis reported that he is willing to sign the development agreement for the project, however, it needs to be redrafted to incorporate some changes that need to be discussed with the Council this evening. Fahey suggested that the occupancy permit could be contingent upon the 8 additional trees, and Mr. Boosalis' signing the Development Agreement. Blesener suggested that the approval be contingent upon inspection and approval of the MGM site by the Building Inspector as well. Scalze asked if the Watershed has reviewed and approved the drainage plan for the plat. Boosalis replied that the Watershed has approved the plan. Dan Wilson reported that Mr. Boosalis has requested a few changes in the Development Agreement, some of which are O.K. and some of which concern Mary Ippel and himself. The items of concern deal with the requirement of screening for the auto salvage yard. Wilson pointed out that there is not adequate room on the site for a fence to screen the yard. Page 10 MINUTES CITY COUNCIL December 13, 1989 Boosalis reported that he has a solution to that issue which will be presented to the Council on December 27th when the Council reviews the final plat. Boosalis stated that he is requesting that the auto salvage yard be either screened or cleaned up, and he would prefer that the eyesore be eliminated. Fahey pointed out that the property has been rezoned to residential, and that the use would no longer be appropriate. Blesener felt that the property should be cleaned up. Wilson stated that he would prefer to not obligate the City to screen or clean up the property as part of the Development contract, since if the situation is not resolved by a certain date, the City would incur a penalty. Boosalis pointed out that cleaning up the property would ensure a faster build-out rate, and thus, more increment will be generated. Scalze asked if the Watershed has approved the new location of the road which requires the relocation of the existing ponding area. Boosalis replied that the Watershed has approved the road reconfiguration and moving the ponding to the west. Scalze asked if Dr. Krienke~s house would remain. Boosalis replied that it would. The City Engineer asked if Boosalis has a Watershed permit. Boosalis replied that he did. Fahey felt that the City should give Mr. Boosalis some assurance that the auto salvage yard would be cleaned up or screened. Blesener agreed, pointing out that there is a difference in auto repair and auto storage. Wilson pointed out that the Development Agreement calls for the construction of utilities over a period of Page 11 MINUTES CITY COUNCIL December 13, 1989 time, with road construction to be a two-year process. The first course would be installed in 1990, with the final overlay done in 1991. Blesener stated that he was agreeable to that. Wilson pointed out that storm sewer would go in with other utilities, which would be completed by June of 1990. Wilson pointed out that that means that storm sewer would be directed off the Boosalis property onto another property. There are no easements for this. Wilson also pointed out the estimates to run the storm sewer north of the Boosalis property are $45,000, and asked how these costs would be paid. Wilson also pointed out that the northern storm sewer easements might be difficult to obtain. Fahey suggested that the City Attorney be authorized to obtain the necessary storm sewer easements. Fahey pointed out that previous Council concensus was that all the benefited properties would share in the cost of the storm sewer improvement, including Iona Lane properties if further study of the situation shows that these properties benefit. Boosalis pointed out that his engineering plans show that the rate of storm water flow from his property has been decreased given the ponding improvements that will be made to the site. As a result, Boosalis felt that the storm sewer improvements necessary to the north of his site are not due to his development. Fahey pointed out that the assessment issue is one that needs further study. The City Engineer pointed out that the amount of water leaving the site will not be decreased, however, the rate of flow of the storm water leaving the site is decreased as a result of Boosalis's engineering plan. Scalze suggested that the development agreement address the issue of a possible assessment for the Boosalis property for the storm sewer improvement that is necessary to the north. Council agreed. Fahey pointed out that a public hearing would also be necessary on the assessment issue. Page 12 MINUTES CITY COUNCIL December 13, 1989 Boosalis pointed out his feeling is that the majority of the assessment should go against the property to the north of his site. However, stated that he had no problem with the development agreement containing a statement that the cost of the storm sewer project would be assessed against the benefiting properties. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-587 - AUTHORIZING THE ISSUANCE OF A TEMPORARY OCCUPANCY PERMIT FOR MGM LIQUOR IN THE BOOSALIS SHOPPING CENTER CONTINGENT UPON THE DEVELOPER, MR. BOOSALIS, SIGNING A DEVELOPMENT AGREEMENT FOR THE PROJECT WITH THAT DEVELOPMENT AGREEMENT TO CONTAIN THE REQUIREMENT OF 8 ADDITIONAL TREES LANDSCAPING THE NORTHERN AREA OF THE SITE AS DISCUSSED THIS EVENING, THAT THE DEVELOPMENT AGREEMENT ADDRESS THE FUTURE ASSESSMENT OF THE STORM SEWER PROJECT TO THE NORTH AS TO THE FACT THAT THE PROJECT WILL BE ASSESSED AGAINST BENEFITING PROPERTIES, AND THAT THE BUILDING INSPECTOR INSPECT AND APPROVE THE SITE TO BE OCCUPIED BY MGM LIQUOR The foregoing resolution was duly seconded by Mr. Collova. Ayes (5) Fahey, Collova, Scalze, LaValle, Blesener. Nays (0). Resolution declared adopted. The City Engineer reported that he just received the Centre Place final plat and will be reviewing it with a report submitted to the Council by December 27th. The Engineer reported that he has not received notification of Watershed approval of the drainage for the project. Council discussed the fact that the Development Agreement calls for a June completion date for installation of utilities and the first layer of bituminous for the residential street. It was the concensus of the Council to change that date to July, 1990, with the indication that the completion date will be sooner, if possible. Boosalis requested that the City act on a grading permit for the project this evening, in addition to approving a building permit for a model home to be constructed by Gardner Bros. Page 13 MINUTES CITY COUNCIL December 13, 1989 Fahey suggested that these issues were better addressed on December 27th, after the Council acts on the final plat. The City Attorney reported that he will need to review the abstract for the property to determine who holds title to the land. RECESS At this point in the meeting, 9:35 P.M., Council took a short recess. The meeting was reconvened at 9:42 P.M. NORTH STAR The City Attorney reported that the performance bond TURF the City is holdinq for North Star Turf is for asphalt PERFORMANCE work, which Mr. Larry Lee claims has been completed. BOND If so, the City Attorney recommended that the bond could be released by the City. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-588 - RELEASING THE PERFORMANCE BOND FOR NORTH STAR TURF HELD BY THE CITY FOR ASPHALT WORK CONDITIONED THAT THE WORK HAS BEEN COMPLETED The foregoing resolution was duly seconded by Mr. LaValle. Ayes (5) Blesener, LaValle, Scalze, Collova, Fahey. Nays (0). Resolution declared adopted. ELECTRICAL The City Attorney submitted to the Council a proposed ORDINANCE electrical ordinance which would bring the City's ordinance into conformity with State Law. The Attorney reported that the only question is the fee paid to the inspector for permits on which double-fees have been collected. It was the concensus of the Council to adopt the recommendation of the Electrical Inspector to pay the inspector 80% of the permit fee collected on electrical permits, including those permits that include double-fees. Mr. Fahey introduced the following ordinance and moved its adoption: Page 14 MINUTES CITY COUNCIL December 13, 1989 ORDINANCE NO. 326 - AN ORDINANCE ADDING SECTION 305 TO THE MUNICIPAL CODE OF THE CITY OF LITTLE CANADA, RELATING TO ELECTRICAL REQUIREMENTS AND INSPECTIONS AS AMENDED BY THE CITY COUNCIL TO INCLUDE THE RECOMMENDATION OF THE ELECTRICAL INSPECTOR WITH REGARD TO DOUBLE-FEES The foregoing ordinance was duly seconded by Mr. Blesener. Ayes (5) Fahey, Blesener, Collova, Scalze, LaValle Nays (0). Resolution declared adopted. FIRE STATION The City Attorney submitted for Council approval a PROPERTY proposed resolution authorizing his office to proceed with condemnation proceedings to acquire the property necessary for a new fire station site. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-589 - AUTHORIZING CONDEMNATION FOR THE LITTLE CANADA FIRE HALL SITE, IMPROVEMENT PROJECT 89-15 The foregoing resolution was duly seconded by Mr. Collova. Ayes (5) Scalze, Collova, Fahey, Blesener, LaValle. Nays (o). Resolution declared adopted. The Attorney submitted revised purchase agreements for the Mondor and Weinholzer properties. The Attorney pointed out that there are a couple of changes in the contracts, and he explained these to the Council. The Attorney requested that the Mayor and City Administrator be authorized to execute these contracts on behalf of the City. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-590 - AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE PURCHASE AGREEMENTS FOR THE MONDOR AND WEINHOLZER PROPERTIES, INITIALING THE CHANGES DESCRIBED, ON BEHALF OF THE CITY AS SUBMITTED BY THE CITY ATTORNEY Page 15 MINUTES CITY COUNCIL December 13, 1989 The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) LaValle, Blesener, Collova, Scalze, Fahey. Nays (O). Resolution declared adopted. Mr. Collova introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-591 - APPROVING THE ISSUANCE OF CHECKS IN THE AMOUNT OF $1,000, ONE TO BE ISSUED TO MR. AND MRS. MONDOR AND TxE OTHER TO MR. WEINHOLZER, AS ERNEST MONEY FOR THE PURCHASE OF THESE PROPERTIES FOR THE NEW FIRE STATION SITE The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Collova, Scalze, LaValle, Blesener, Fahey. Nays (O). Resolution declared adopted. GARDNER Mr. Jim Gardner, Gardner Bros. Homes, appeared before BROS. SIGN the Council on the issue of the City's notification for removal of the Gardner Bros. sign. Gardner reviewed past history of his involvement with the City, specifically detailing Larry Lee's request to purchase an easement from Gardner Bros. for the Slumberland building developed by Lee. Gardner reported that he entered into an agreement with Mr. Lee to sell him a 50-foot strip of land as an easement for the Slumberland building. However, Lee never paid for the easement. Gardner reported that the easement was necessary so that there would be adequate room for fire access around the Slumberland building. Blesener reported that State Code required the fire access to the building. Gardner reported that when Mr. Lee did not perform on his option agreement, he notified the City Attorney and City Building Inspector. However, Mr. Lee was allowed to construct the Slumberland building and was issued an occupancy permit for the building. Gardner reported that he was told by the City Clerk that Mr. Lee's failure to exercise his option was not the City's problem, but Gardner Bros.'. Page 16 MINUTES CITY COUNCIL December 13, 1989 Gardner felt that Gardner Bros. was required to give up their rights to their property without being paid for it. Gardner reported that he later negotiated the sale of the corner piece of property to Mr. Lee. This was the same property over which the 50-foot easement was earlier discussed. Gardner then outlined the history of his company's proposal to construct an office building on their property with the aid of Tax Increment Financing. Gardner reported that they had approximately $40,000 into the plans for the building, and the City denied the TIF assistance. Fahey pointed out that it was not the City which denied the TIF assistance, but rather the County's assessment factors which made the use of TIF unfeasible. Gardner reported that he had leasing commitments for the building, however, due to the failure to get TIF assistance, the project did not get underway. Gardner reported that when his firm is able to develop their site, the building which they will be able to develop will not be comparable to the one previously proposed. The Council again reminded Gardner Bros. that it was the County's figures that made the TIF assistance unfeasible. Blesener stated that the City has been willing to work with Gardner Bros. Blesener pointed out that the issue tonight is the sign, which is non-conforming. Blesener pointed out that when the Gardner Bros. building was proposed, Gardner Bros. indicated that their sign would be conforming to the Code. Also, the sign was not to be installed until the building was put up. Then Gardner Bros. began construction of the sign, and when the City addressed this issue, it was informed that Gardner Bros. would put nothing on the sign until the building went up. Blesener pointed out that the sign is now up and there is no building. Blesener pointed out that construction of such signs are the last phase in a project. Gardner pointed out that the back buildings are in place and also pointed out the difficulties of developing the property due to the NSP easements which are in place. Page 17 MINUTES CITY COUNCIL December 13, 1989 Scalze pointed out existence of these property. that Gardner Bros. knew of the easements when it purchased the Fahey asked Gardner Bros.' plans for developing a building on the site, suggesting that if a building were planned for the near future, something could be worked out on the sign issue. Gardner reported that he has hired a firm to lease the building for him, but could not give the Council a timeframe for construction of the building. Gardner asked for the Council to allow the sign to remain given the past history of his dealings with the City, specifically the situation that took place with the Slumberland building. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-592 - INSTRUCTING THE CITY ATTORNEY AND CITY ADMINISTRATOR TO CHECK INTO THE SITUATION OUTLINED BY MR. GARDNER REGARDING CONSTRUCTION OF THE SLUMBERLAND BUILDING AND REPORT BACK TO THE CITY COUNCIL The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Blesener, Scalze, LaValle, Collova, Fahey. Nays (O). Resolution declared adopted. Blesener reviewed the letter sent by the City Planner to Gardner Bros. regarding their sign. Blesener pointed out that this letter was sent last month notifying them of the violation, and this is the first response that the City has received. Gardner reported that he was out-of-town, and that last evening was the first he heard of the situation. Gardner also pointed out that Gardner Bros. bore the cost of sewer and water improvement in the area, which benefits the City. Gardner asked that this be considered in the Council's action on the sign issue. Gardner also asked that the City's action denying TIF assistance for their building also be a consideration. Page 18 MINUTES CITY COUNCIL December 13, 1989 Scalze pointed out that the City had no control over the County's actions with regard to the TIF. Scalze also felt that Gardner Bros. should be required to follow the Code just like other developers in the City. Gardner pointed out that there are buildings on the back of their property. Blesener pointed out that the sign does not conform to those buildings. LaValle asked the timetable for construction of the Gardner Bros.' building. Gardner stated that he could not establish a timetable until there are leasing agreements for the building. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-593 - INSTRUCTING THE CITY ATTORNEY TO TAKE LEGAL ACTION ON BEHALF OF THE CITY IF THE GARDNER BROS. SIGN IS NOT REMOVED BY DECEMBER 20, 1989 The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (4) Blesener, Scalze, Collova, Fahey. Nays (1) LaValle. Resolution declared adopted. ON-SALE Fahey reviewed correspondence in Council agendas LIQUOR regarding the City's ability to adopt State Legislation allowing on-sale liquor license holders to be open for business on the Fourth of July and New Year's Day. It was pointed out that the City of St. Paul did not adopt this legislation since the majority of their on-sale liquor license holders did not wish to be open these holidays. Fahey pointed out that the City has three on-sale liquor businesses, and two of them, Bloom's Liquors and Tierney's Liquors, do not want to be open on Fourth of July and New Year's Day. A representative of MGM asked the Council to adopt the Legislation, pointing out that surrounding cities have already done so. Page 19 MINUTES CITY COUNCIL December 13, 1989 LaValle disagreed with some of the cities that MGM indicated had adopted the Legislation. Fahey felt that the wishes of the majority of the off-sale liquor businesses in the City should rule. There was no motion from the Council to adopt the State Legislation, therefore, the City's existing Code requiring that off-sale liquor businesses be closed on Foruth of July and New Year's Day will remain in effect. ECONOMIC Council noted that Pat Pelstring of Business DEVELOPMENT Development Services would like a meeting of the COMMITTEE Economic Development Committee to be scheduled for Tuesday, December 19th, at 7:30 A.M. to discuss the Country Drive and Centerville Road areas. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-594 - SCHEDULING A MEETING OF THE ECONOMIC DEVELOPMENT COMMITTEE FOR TUESDAY, DECEMBER 19, 1989, AT 7:30 A.M. The foregoing resolution was duly seconded by Mr. Fahey. Ayes (5) Blesener, Fahey, Scalze, Collova, LaValle. Nays (0). Resolution declared adopted. IMP. N0. The City Attorney reported that he has reviewed the 88-7, contract for Imp. No. 88-7, Payne Avenue, PAYNE AVE. and it appears to be in proper form. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-595 - AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE CONTRACT FOR IMPROVEMENT NO. 88-7~ PAYNE AVENUE, ON BEHALF OF THE CITY The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) LaValle, Scalze, Collova, Blesener, Fahey. Nays (0). Resolution declared adopted. Page 20 MINUTES CITY COUNCIL December 13, 1989 CoUNTRY DR. The City Engineer reported that he has revised UPGRADE estimates on the upgrading of Country Drive which are detailed in his report dated December 13, 1989. The Engineer also reported that it will be necessary to hold another public hearing on this improvement. The City Administrator reported that according to the City Auditor there are only about $7,000 in 1989 MSA funds that could be used towards the upgrade of Country Drive. However, with the funds on hand and future MSA allotments it is possible to finance the improvement internally without bonding for it. However, some of the funds on hand may be already committed, and a Council decision is necessary on that issue. Blesener pointed out that some of these funds may be designated for City Center expansion. Hanson stated that the City Auditor feels there is sufficient money to accomplish both the City Center expansion and upgrading of Country Drive. Blesener requested a report from the City Auditor on this issue for the December 27th Council meeting. SKIDSTEER Blesener reviewed the bids the City received for the purchase of a skidsteer pointing out that the low bid was received from Tri-State Bobcat in the amount of $23,225. The bid from Tri-State included a skidsteer and trailer that exceeded the City's specifications. The City Attorney has indicated that the bid is acceptable as long as the specifications are exceeded. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-596 - AWARDING THE LOW BID OF TRI-STATE BOBCAT IN THE AMOUNT OF $23,225 FOR THE PURCHASE OF A SKIDSTEER The foregoing resolution was duly seconded by Mr. LaValle. Ayes (5) Blesener, LaValle, Scalze, Collova, LaValle. Nays (0). Resolution declared adopted. BOOSTER Blesener reviewed the Public Works Superintendent's STATION report dated December 8th, requesting authorization for CONTROLS upgrading of controls in the City's booster station. PA6E 21 MINUTES CITY COUNCIL December 13, 1989 Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-597 - AUTHORIZING THE UPGRADE OF BOOSTER STATION CONTROLS BY CONOLLEY INDUSTRIAL ELECTRONICS IN THE AMOUNT OF $645.93 AS OUTLINED BY THE PUBLIC WORKS SUPERINTENDENT IN HIS LETTER DATED DECEMBER 8~ 1989 The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Blesener, Scalze, Collova, LaValle, Fahey. Nays (0). Resolution declared adopted. TRUCK RADIO Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-598 - AUTHORIZING THE PURCHASE OF RADIO EQUIPMENT FOR THE NEW PUBLIC WORKS TRUCK AT A COST NOT TO EXCEED $500 AS RECOMMENDED BY THE PUBLIC WORKS SUPERINTENDENT IN HIS LETTER DATED DECEMBER 8, 1989 The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (5) Blesener, Scalze, Fahey, LaValle, Collova. Nays (0). Resolution declared adopted. SOFTBALL- Scalze reported that the Recreation Association will ON-ICE be conducting their annual Softball-On-Ice Tournament TOURNAMENT on January 20 and 21, 1989. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-599 - APPROVING A TEMPORARY ON-SALE LIQUOR LICENSE FOR THE RECREATION ASSOCIATION IN CONJUNCTION WITH THEIR ANNUAL SOFTBALL-ON-ICE TOURNAMENT TO BE HELD JANUARY 20 AND 21, 1989 The foregoing resolution was duly seconded by Mr. LaValle. Ayes (5) Scalze, LaValle, Blesener, Collova, Fahey. Nays (0). Resolution declared adopted. Page 22 MINUTES CITY COUNCIL December 13, 1989 Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-600 - APPROVING THE USE OF THE LAKE GERVAIS BEACH AREA AS WELL AS ANY OTHER NECESSARY COUNTY PERMIT IN CONJUNCTION WITH THE RECREATION ASSOCIATION'S ANNUAL SOFTBALL-ON-ICE TOURNAMENT TO BE HELD JANUARY 20 AND 21, 1989 AS WELL AS APPROVING PARKING ON BOTH SIDES OF EDGERTON STREET FROM THE BEACH AREA TO COUNTY ROAD B-2 IN CONJUNCTION WITH THE TOURNAMENT AS WELL AS APPROVING CITY ASSISTANCE AS NEEDED FROM PUBLIC WORKS AS HAS BEEN GIVEN IN PRIOR YEARS The foregoing resolution was duly seconded by Mr. Fahey. Ayes (5) Scalze, Fahey, LaValle, Collova, Blesener. Nays (o). Resolution declared adopted. OLYMPIC Scalze reported that as part of the 1990 Olympic TORCH Festival and Celebrate MN 1990, the Olympic torch will be carried throughout the State and will pass through Little Canada on July 4th between 10 A.M. and 11 A.M. There will be further information on this matter later. PIONEER PARK Mrs. Scalze reported that the Council previously CHANGE- approved change-orders in the Pioneer Park project, and ORDERS these are before the Mayor this evening for signature. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-601 - AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE TAE PIONEER PARK CHANGE ORDERS ON BEHALF OF THE CITY The foregoing resolution was duly seconded by Mr. Fahey. Ayes (5) Fahey, Scalze, LaValle, Blesener, Collova. Nays (0). Resolution declared adopted. LITTLE Scalze reviewed a letter submitted by Bill Sanders for CANADA ROAD the Mayor's signature to the Minnesota State Highway BRIDGE Department, outlining the City's landscaping Page 23 MINUTES CITY COUNCIL December 13, 1989 and rennovation requests in connection with the Little Canada Road bridge. Mrs. Scalze introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-602 - AUTHORIZING THE MAYOR TO SIGN THE LETTER AS SUBMITTED BY BILL SANDERS OUTLINING TxE CHANGES REQUESTED BY TAE CITY IN CONJUNCTION WITH THE LITTLE CANADA ROAD BRIDGE PROJECT. The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) Scalze, Blesener, Collova, LaValle, Fahey. Nays (0). Resolution declared adopted. TEMPORARY Mr. LaValle introduced the following resolution and CLERICAL HELP moved its adoption: RESOLUTION N0. 89-12-603 - APPROVING THE ADVERTISEMENT FOR TEMPORARY CLERICAL HELP AS RECOMMENDED BY CITY STAFF The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) LaValle, Blesener, Collova, Scalze, Fahey. Nays (0). Resolution declared adopted. OFFICE Mr. LaValle reviewed his report dated December 11, 1989 STAFF outlining recommended compensation for some members of COMPENSATION the office staff for the additional duties they performed in the absence of the City Clerk. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-604 - APPROVING THE CITY OFFICE STAFF COMPENSATION AS OUTLINED BY MR. LAVALLE IN HIS REPORT DATED DECEMBER 11, 1989 The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) LaValle, Blesener, Collova, Fahey, Scalze. Nays (0). Resolution declared adopted. Page 24 MINUTES CITY COUNCIL December 13, 1989 COMPUTER Mr. LaValle introduced the following resolution and BACK-UP UNIT moved its adoption: RESOLUTION NO. 89-12-605 - APPROVING THE PURCHASE OF A BATTERY BACK-UP UNIT FOR THE CITY'S COMPUTER SYSTEM FROM AMERIDATA, INC. AT A COST OF $934.00 The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) LaValle, Blesener, Collova, Scalze, Fahey. Nays (0). Resolution declared adopted. TRIPARTITE Joel Hanson requested Council approval of a Tripartite AGREEMENT Agreement so that his retirement benefits can remain with the ICMA Retirment Corporation rather than being transferred to PERA. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION NO. 89-12-606 - APPROVING THE TRIPARTITE AGREEMENT WITH THE ICMA RETIREMENT CORPORATION AND THE CITY OF RUSH CITY AND AUTHORIZING THE MAYOR TO EXECUTE THIS AGREEMENT ON BEHALF OF THE CITY The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) LaValle, Blesener, Collova, Fahey, Scalze. Nays (0). Resolution declared adopted. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-607 - APPROVING A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN WITH ICMA FOR THE CITY ADMINISTRATOR The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) LaValle, Blesener, Collova, Scalze, Fahey. Nays (0). Resolution declared adopted. Page 25 MINUTES CITY COUNCIL December 13, 1989 ADJOURN Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 89-12-608 - ADJOURNING The foregoing resolution was duly seconded by Mr. LaValle. Ayes (5j Fahey, LaValle, Collova, Blesener, Scalze. Nays (0). Resolution declared adopted. There being no further business, the meeting was adjourned at 10:36 P.M. ~' _ Attest •-- .. ~ ~~ ~i ~ ~' ~ ,r Ls.c,: ~ ~ Ja 1 R. Hanson Mic ael I. ~ hey _,~.G~ty Administrator Mayor Page 26