Loading...
HomeMy WebLinkAbout06-10-97 Council MinutesMINUT~S Ol~" TFiG REGOLAR MEGTING CI'CY COONCI.L LITTLC CANADA, MiNN1,SOTA Pursuant to due call and uotice Yhereof a regul<tr meeti~~~ of the City Council of the Cify of Little Canada, Minnesota was held on the 10°i day ofJune, (997 in the Coimcil Chambers oPthe Cify Center located at 515 Little Canada'Road in said City. JUNG l0, l))7 Mayor Midiael I. Fahey called the meeting to ortler at 8:30 P.M. and the following members of tl~e City Council were present at roll call: CITY COUNC[L: M~tyor Council Men~ber Council Member Council Member Council Me~nber Mr. Michael I. Fahey Mr. Jim t,2V211e Mr. Steve Morelan Mr. Bob Pedersen Mrs . Beverly Scal-r.e ALSO PRES~NT: CiCy Administrator CiCy Ateorney Cable TV Piroducer AdiT~in. Assistant Mr. Joel R. Hlnson Mr. Tom Sweeney Mr. Greg Schroeder Mrs. I<athy Gllnzer MiNUT~S Mr. More(an introduced the following resolution and moved its adoption: RE,SOI,U%70N N0. 97-6-132 -APPROV/NG TF[E MlNUTIS OF TFIE MAY 28, 1997 COUNC/L WORIC.S'HOP MGEsTING, AND TtIF, MAY 28, I997 RECU/.AR COUNC//. MEETING AS SUI3MITTED The foregoing resotution was duly seconded by Pedersen. Ayes (5) Morelan, Pedersen, Scaize, Fahey, L,aV111e. Nays (0). Resolution dedared adopted. ANNOUNC~- Mayor F~hey announcetl that one oP the LitNe Canada ['ire DeparCment MENTS fire fi~hters, Tom Ducharme, has been awarded the Congressional Fire Se~vice Institute Award for his dedication and service 1s 1 fire fighter for the past 33 years. The award was presented by [IS Con~ressman Rod Grams. Only 20 of these awards have been presented to aUout 1 I departmenfs in the Twin CiYies area since 1989. Fahey congratulated Mr. Duchlrme on his receipt of this award. MirrUT•Ls CITY COUNCIL JUNE 10, 1997 PTTRINA Mayor Fahey reported that at its I~st meeting, the Cow~cil held the PARK public hearing to consider the request for Rezoning, Coinprehensive TERRACE Plan Ainendment and Preliinina~y ~Plat for PiCrina Paii< Terrace, a two- phase twinho~ne development pro~~osed for the property lying between Slumberland on the nordt and Pioneer Parl< on the south. The first phase is proposed ~t 67 twinhome units, while the second phase wouid consist of 22 twinhome units. Given that the full Council was not present at Yhat meeting, action on die proposai was tabled until this evening. Fahey noted that Yhe City Admii~istrator has ~rovided caiculations showin~ the potentia! tax revenue loss should the property be rezoned from Industrial;Par1< to Medium-Density Resident~ial. The City Administrator reviewed his tax analysis thlt compares various lai~d values with a variety of existing industri~l developments in the Ciry to tl~e potential tax revernie that the ~~roposed twinhome development would generate. The Administrator ~~ointed out that there is the potential for a loss of $100,000 to $300,000 in gross tax revenue. The Administrator pointed out, however, that the analysis does not tal<e into consider~ttion soil correct~ions which mi~ht be required for an industrial developmeiit on this property 1nd the potenti2l for the cleveloper To request Tax I~~cre~nent Financin~ assistance because of this. Pedersen noted th1C the analysis also does not tal<e into consideration Yhe facY that the twi~~home tlevelopment would begin generlt~ing tax revenue within the nexY Cwo years, while it m~ly be five to ten years before an industrial development is proposed. LaValle uoted that it is very lilcely that soil corrections would be required for an industrial develo}~ment in this 1rea. L~Valle a~reed that these soil corrections would prompt an industrial developer to request Tax Increment Financing assistance, thereby reducin~ the tax revenue geilerated by an indusfrial development. Morel~i~ felt th~t this was a cllssic case of lool<in~ for the best lon~-term so(ution for the property. Nlorelln fclt that the Pitrina Pa~i<'Terrace twinl~oroe tlevelopment was an excellent project. His concern was the rezonin~ of the property from Industri~tl-P~tii< fo any Cype of residential zo~~in~. Morelan ~ointed out thlt the City recenCly did a Comprehensive P11n update and noted Yhat [he property nortl~ of"Pioneer Par]< wtis discussed. At that time, the hi~l~est ai~d best use ot'the propeirty was Industrial-Parlc Morelttn commenCed thaC he h1s ~sl<ed himself what has changed since that discussion, ~nd the only answer is that the City now has before it a proposal for twinhomes. W hile the twinhome development will bring ii~ taxes immediltely for the City, Morelan felt it was not really the 2 MINUT~S CITY COUNCIL JUNE 10, 1997 best lon~-term solution. Morelan pointed out that there have been comments on the bad soils in the 1rea, but pointed out that Slumberland was able to develop in the area. Morelan felt the decision was strictly long-term or short-term, and in his mind I~~d~istrill-Parl< zoning was the best long-term soiutiou for the 1re1. Fahey stlted that one of his concerns is how nnich lon~er tl~e City has to wait for the property to be tleveloped. Pahey stated th2t he would agree if the City had two proposals side-by-side, one for an L~dustrial-Park development and the other for a residential development, the Industrial- Park development would be the hi~hest and best use. I'ahey indicated, however, that he q~iestions tl~at the soils in the lrea can support a high- quality Industrial-Park deve(opment. Pahey indicated that he did not suppoR spot zoning. F-towever', there has been no one beating down the door witl~ industrial development proposals. Fahey felt that from a tax generatiou standpoint, the difference Froin industrial to twinhomes was noC great. Fahey noted that there are iss~ies of screening to be resolved, but pointed out that the residents ofthe surrounding neighborhood support the rezonin~. Morelan stlted that he undeist~~~ds the feelings of Yl~e nei~hbors, but pointed out that aIl properties in the City cannot be developed as residential. There need to be 1 b~lance. Morelan felt that there was a substantial difference in the amount of taxes an industrial development would ~enerate versus residentill, pointin~ out ~ potential difference of between $150,000 and $371,000 in gross t~xes, oPwhich the City ~ets 15%. Morelln }~ointed o~~Y chlt the question is whether or not the City is willing to wait for an ind~istrial proposal. No one Ia~ows how long ChaY wait might be. LaValle pointed out th~t the differences in the amount of taxes generated would lii<ely be lessened since it is probabie that an industrill development would require TIF lssistance. Pedersen agreed that because ofthe soils TIF assistance wou(d lil<ely be requested. Tal~ey pointed oue Yhat when the City 6rst adopted tlie Comprelie~~sive Pl1n, there was no pari< llnd in the City. At that time, property was rezoned for parl< which was an ~ctio~~ resulting in the rezoning fi~om the hi~hest and best use to P~iblic. Pahey stated that Chis is 1n exam~Ie t1~1t there are many different reasons why decisions 1re made to rezone from the highest and best use_ Fahey s~~g~esCed that if someone had eome in an proposed an aparhnenC development for this property, Che ~nltter would not have gotten beyond Che concept stage. F~hey felt thaC Che twinhome development proposed was a good transition fiom I~~dustrial;Park on the north and tl~e parl< ~roperty on the so~iYh. T~hey felt the twinhome 3 iVIINUTLS CITY COUNCTL JUNE 10, 1997 development would add qullity homeowners and community-minded peo~le to the City versus just adtli~~g 1 business use. Pederseu pointed ouY that under the ind~~strial zoni~~g, the ~roperty cou(d sit vacant for another ten years, which would mean lost property taxes of approximltely $2 mi(lion. More11~~ ~~oinYed out thlt ai~ industrial development would generate more t1x doliars than residential. Morelan also noted Yhat when the City rezoned the Pioneer Parl< site to Public, there were no other available sites for the park. Scalze commented that when the CiYy upolted its Com~rehensive Plan, she did not consider downzoning this particullr piece of property to Residential. Scalze pointed out tllat property owners are typically resistant to downzonin~s 1nd typicaily will seel< dlma~es if their property is downzonec(. Scalze indiclted th~t it h~s been her opinion that the City has never h~d enough townhomes, and felC that~ the City shoultl offer a wide range of housin~ options. Morelan reported that as part of the Comp Plan uptlate, the City identified a number of areas for downzoning. This parCicullr property was not one of them. Fal~ey ~~reed that twinl~omes is another signific~tnt housing market the City would now be able to provide. Twinhomes 1re usually occupied by an older resident. Rather than having older residents move out ofLittle Canada to f ncI twinhomes elsewhere, they would be able to remain in the City. Morelln agreed Chat would be a benefit Morelan indicated Yhat he did not know the Planner referred to the twinhomes as a transitional use. Morelan felt that tl~e twinhomes abuttin~ industrial develoJ~mene on the noi~th would be 1 problem. Morelan I'elt that tl~e parl< would provide a natw-al buffer for indusd~ial development, however. LaValle felt that ihe }~roperty was not ~ood industrial prope~rty given the poor soil conditions. Scalze felt that industrial nexC to 1 parl< was not 1~ood 6ufPer, and felt it was preferable to have 1 parl< surrounded by residentill development. Scalze also pointed out that Che addiCionll development next to the park would provide Por better policing of the parl<. Morelan pointed out the City's inCention to light the ballfelds at Pioneer Park, aud suggested tl~at residents oi~ the north side of the park will have stron~ objecYions to that. 4 MINUT'~S CITY COUNCI'L JUN~ 10, 1997 Fahey suggested that this issue could be addressed in fhe Development Agreement 1nd a covenant could be adtled to the property that declares that the homeowners lssociation will be deemed in favor of lighting the park. Potentill homeowners should be advised of the potential for lighting the ballfields. Fahey noted that evening ballgames would occw~ oniy a portion of'the ye1r. Scalze questioned how the City could tal<e lway someone's ri~ht to eomment on lighting the ballfields. Fahey poii~ted out that tl~e parlc came tirst 1nd ballfield lighting is planned for the park. 'Che citizens of Little Canada should not be disldvantaged in this regard because of a twinhome development thlt occurs after the park is in place and (ightin~ plans I~ave been made. The City Attorney felt it was witl~in the Council's ~uthority to require a covenant deeming the homeowners' sssociation in flvor of ballfield li~hting. F1hey pointed out that another issue to consider is the requirement of a tr~il easemenC from the twiuhome development to Pioneer Park. Fahey stated th~t the residents oF d~e Ywinl~omes will use the p1r1<, and suggested there be a connection from fhe end oi'one or two of the cul-de-sacs to the park. Fahey also noted that the developers have requested a reduction in the amount of parl< chaige. Fahey stated that he did not support that request, notii~g that the residents oPthe twinhomes will use the park. Morelan pointed out that at 1 recenC Ramsey County League meeting there was discussion of welflre retonn. Creation oPjobs is an important concept in that discussion, and Morelan ~~oted thlt ltlditional industrial development in the City will createjobs. Morelan felt it was a quality of life issue for peo~~le to be able to worl< c(ose to where they live. Fahey felt the Council w1s trying to address the issue ofjob creation in a differenY segment oi'the City, aud fe(t there were }~Ienty of oppoRunities to ~ddress the issue in the commercial areas of the City. Morelan st~ted U~aC, in his opinion, to rezone a ~aroperty simply because the Council has ~ proposal before it was the wrong (ong-term solution. LaValle questioned whether the pro~~erry would su~port 130,000 to 4Q000 industrial buiiding ~iven the soi) contlitions. NIINUT~S CITY COUNCfL J UN~ 10, 1997 Frattalone reported that it would depend on the height and weight of the buildin~. A l~rge buildin~ would require major soil corcecYions, and Frattalone felt that existing soils would support 1,500 to 2,000 pounds per square foot. Frattalone pointed out that lie has tried to market the property as commercilL The parcel south of Allen Avenue is undesirlble as a commercial piece given th~t it is only 300 Peet deep. The parcel to Che north is 220 feet deep. i~rattalone also pointed out that Al(en Avenue divides these two parcels, and there are existing utilities in the street. Pahey asked if Allen Avenue were vacated and the two parcels combined, if there would be enough depCh Por 1 high-qualiry ii~dustrial development. Fr~ttalone stated tliat it would make a better parcel, l~owever, Yhere are still tl~e soil problems to contend with. 11~1tt11one 1~1in reported on the fact tl~at tl~e property h~s been for sale for several years. Morelan questioned fhe effort that has been put into selling the property. FratCalone replied Yh1t the property I~as been for' sale for at least l7 years, alYhough his father has not had l~is for ssile th~t entire time. Fahey commented that he l~as seen t~or sale signs on the property for many yea~s. Morelan indicat~ed that individu~l parcels are useless, 1nd it would be the entire area that wouid be of interest to 1 developer. Frattalone agai~~ responded thlt tl~e pro~erty has been for sale for severa] years, pointing out that~ Che B~itler property was Yor sale long before the development ofPioneer Parl<. Gordie Howe reported on discussion at the Pllnnin~ Commission meeting that the twinhomes not be renYal units. I-[owe reported that tl~ey will include a provision in the By-Laws restrictin~ Che twinhomes to owner- occupied. The Co~u~cil discussed the develo~~er's request to tower the park charge, and Yhe consensus was to leave it at $625 }~er unit. Councii noted that they spenY a lot of time in est~blisl~ing ti~e parl< charge, ~nd that while other cities ~nay charge less, there 2re many eities that charge more. Council also felt that access was needed from one or two of the cul-de- sacs proposed in Pitrina P~rl< to Pioneer Parl<. "I'his issue along with the restriction to owner-occupied I~ousing, lighting of ballfields, 1nd construction traffic access should all be addressetl in the development agreement. 6 MINUTLS CITY COUNC[L JUNE 10, 1997 Mr. LaVa(le introduced the followin~ resolution and moved its adoption: RESOLUTIONNO. 97-G-T33 -APPROVING TKE /ZEZONING OF THE FOI.I.OWINC PARCEI„S FROM INUUx4T1UAI PARK DlSTRICT (1-P) TOYI,~INNED UNIT DEVEI,OPMGNT (PUD) WLTH MEDIUM UENSITY RESCD~'NTlAl. DIS~R/C7' (R-2) UNDERL YING: PAIZCEI, NO. 0~-29-22-22-0004 PARCGL NO. OS-29-22-22-0005 PARCEI. NO. 06-29-22-14-002L PARC~I, N0. OG-29-22-23-OOI N PARCE[, NO. 116-29-22-23-0019 PARCE7, N0. 06-29-22-23-0021 The foregoing resolution was duly seconded by Mrs. Sc11ze. Ayes (4) LaValle, Scalze, Fahey, Pedersen. Nays (1) Morelan. Resolution declared ~dopted. Mrs. Sctilze introtluced t~he following resol~ition 1ntl moved its adoption: RESOI. UTLON NO. 97-G- I3A - AMENDING TFIE CITY'.S COMPREHENSIVE PLAN~INU I,AND USE PLAN TO REFI.ECT THEREZONLNG OUTI,/NED LN /ZE,S'OI,U%70NN0. 97-6-133 The foregoing resolutiou was duly seconded by LaValle. Ayes (4) Scalze, LaValle, Fahey, Pedersen. Nays (i) Morelln. Resolution declared adopted. Fahey a~ain raised Yhe issue of the plri< chaige pointing out t6at the City has an ordinance establishing this charge. Should there be any desire to reduce the parl< charge as has been requested by the developer and recommended by the Parl<s & 2ecreation Commission, ~ahey felt that the ordinance should be ~me~~ded so that the change benefts 111 future development and not just Pitrina Pari<. Frattalone reported that iu discussin~ the issue with the Parl<s & Recreation Commission, it was poiated ouf fhat should the properCy develop as single-family, a maximum of38 hoines could be developed. Given the greater density of tl~e twinhomes, the Commission felt the park cl~arge should be reduced. Howe repoited that~ Chey asl<ed Che Commission to consider 1 plrl< charge of $400 per twinhome unit rather than the $625 required by Code. The Commission is recommending a compromise at $500 per twinhome unit. MINUT~S CITY COUNCIL JUNE 10, 1997 Fahey pointed out that the developer has a choice oi' S% of the f'air market value of the lantl, or $625 per unit. "I'he property was originally zoned industriaL Therefore, T'ahey i'elt the Pair marl<ec v11ue should be based on industrial property. Fahey indicated that he was not in favor of negotiating tlte park charge, and felt the City sliould collect the charge as established in the ordinance. Fahey commented that the results of negotiations Usually depends on the sI<ill of the negoti~tor. Maelan did not feel the Co~mcil could or should exempt anyone from the ordinance. If the ordinance is wrong, then it should be changed. Morelan pointed out that the parl< ch2rge is ~ user fee. The twinhome developmei~t will result in many more people i~~ the area ~isin~ City pari<s. Frattalone ~ointed out that twinhome residents are typically empty-nesters. Therefore, will not put an intensive demand on the }~ark system. Scalze stated Chat the twinhome residents will be using tl~e trail system, and felt that the ~~arl< was a nice amenity for the developmenY. Frattaloue q~iestioned a p~1Ch running between two twinhomes. Scalze cominented th~t if the path exisCS prior Co tl~e purchase of the twii~homes, the residents 1re aware of ti~e ~~ath and acce~~ting oi' it. Fahey Pelt the q~iestion was wl~ether to have one or two ~1th connecYions. IIe su~gestetl t}iat one at the middle of the develo}~ment might be sufficient. Fahey felt that the Parl<s & Rea'e~Yion Commission should address the number of paths, IocaCion, widths, eYC. The City Administr2tor sug~ested that a~rovisiou be included in the Development A~reemenY requiring the path com~ection s~ibject to Parks & Recreation Commission review ~nd recomtnendation and subseqtient approval by the City Councii. Pahey noted that other issues to be addressed in the covenants for the developmenC and/or the Develo~ment A~reemenY include that tl~ere be no rental properry as plrt of'Yl~e development, fiiture li~hting of the ballfields, construction traffic from Allen Avenue Iimited to the two models that are proposed wiCh all oCl~er construction v~ffic to come Prom the west, as well as the parl< access issue. Frattalone stated that in ~ddition to the two models, he would like luthoriry for construction traffic for the most e~st~ern cui-de-sac to come fi'om Allen Avenue. x MINUT~S CITY COUNCIL JUNE 10, 1997 Pahey felt that was a reasonable request. 'i'he City Administrator indicated that tl~is could be addressed in the Develo~menC Agreement along with the stipulation that all other utility 1nd infrastructw e construction would be required to come from Centeiville Roatl. Gordie Howe requested bui(din~ pen~iits for model homes on Lots I1, 12, 13, and '14. The Administrator indicated thlt tl~is could be addressed in the Developmen[ A~reement as well. Morelan pointed out tl~e similar i~~mes on each of the cul-de-sacs in Pitrina Ptirl<, and s~igr~ested tl~at this wouid be conf~ising for emergency vehicle access. Howe and Frattalone were agreeable to changing the names on the cul-de-sacs to address this concen~. Chan~es will be reflecCed on the final pl~t. Morelan ~ointed ouC fl~e letter received from the Vogel's regardin~ sidewall<s along Centerville Ro1d. There has also been 1 request for water inain i'or five homes 11ong Centerville Road without tl~is availability. The City Administrator reported fhat it would tal<e approximltely 942 feet ofwater main to provide service to Chese tive homes. The Admii~istrator su~gested thlt he contact these properfy owners regartlin~ the improvemet~t and infonn Chem of the improvement process. Since there will be oYher construction worl< in the area, tl~ere may be an economy of scale that can be realized Por a wlter mlin improvement. The Council ditl not feel tl~e sidewall< request~ was feasible and noted the Par]< & Recreation Conunission is presently studyin~ Cl~is issue. The Administrator pointed out the issues raised wiCh re~ard to a traffic cirele at Allen 1nd DeSoCO as well as stop signs at thlt intersecTioi~. The Council felt there wtis not tl~e traff c vol~ime at the intersection to warrant a traffic circle. The developers incticated fhat they did not want the traffic circle. 1"he Adininistrator ~felt Yhe stop sign issue w1s a sep~rate one from the preliminary p(at. Fahey raised the issue of screening adjacent to the Industrial property, and felt tl~at the liomeowners association should assume respo~lsibility for that screenin~. Frltta(one presei~ted a landsca~e plan and pointed out that he is proposing to add trees along Allen Avenue adjacent to the Myers Frattalone property as weli as will add plantin~s to the Slumberl~nd berm on the north. 9 iVIINUTGS CITY COONCIL JUN~ 10, 1)97 Fahey felt that screening of future industrill development on adjacent properties should be the burden o4'tl~e homeowners' ~tissociation or Che developer given the rezonin~ of the property from industrial to residential. The CiYy Adminish~ata~ su~gested that this could be addressed in the Development Agreement, and that the screening plln would be reviewed by City staff and tlle City Pllnner and approved by the City. Any future screening would be Yhe responsibility of the twinhome associ~tion pw~suant to a covenant stating such. Prattalaie felt that was fair. The City Attorney poii~ted out that tl~e ~reliminary pl~t invoivetl a development stage PUD antl instructetl the Council that any action on the preliminary plat should address the recommendations of the City Planner. Morelan noted that the Vogel's have requested a restriction on construction times. lt was tl~e consensus o{'tl~e Council tl~at the resYricYions contained i~~ the Code would apply to this project ~s they do to any other project in Che CiYy. Frattalone and I-towe reported that they would lil<e to begin construction ou Yhe model homes very shortly, and asl<ed if buildin~ ~ermits could be issued prior to tinalization of the Development As~reement. The City Administrator sug~ested that he woil< on this issue with the developeis to lddress ~ny issues of concern. The Admii~ish~ator Pelt there would be a way to lcconunodate the developers. Mr. LaValle introduced the following reso(utioi~ 2nd moved its adoption: RESOI,UTIONNO. 97-6-73,5-APPKOVING TF/E PIZEI.lMINARY PGAT FOR P717ZlNA PA2K l'ERRACE A.S YRESENTED AS WE77 AS DE vE1.OPNIENT .STAG~' PCID .SUB./GC1' TO COMPI.IANCE WLTH ~HE RECOM~YIENDATIONS OF TFLE ClTY PI.~I NNER ~1S OUTI_/NGD IN H!S 2EP0/ZT t~ATED MA 3' 5, 1997, S(1I3JECT TO COMPI,IANCE W/7Fl Tt/E IzECON1MGNDiiTION,S OF TKE CITY ENGLNGER ~1S O(ITI./NED !N ffLS IZGPOR7' DATED MAY IG, 1997 AND b`(113JECT TO THE F01.1_OWINC AUD/710NAL, RE~ (IIREMEN'IS: *THAT THE BY-I_AWS OF THE HOMBOWNE2S' ASSOCIATION INDICATE THAT OWNE2S' ARE DEGMED LN Ffl VOR OF THF, I,IGHTLNG OF PIONEER PARK 13ALI.F/EI,D,S; xTFIAT TFIG COVENANI;S FOR THE DEVEI OPMENT PROV]DES THERE I.S' NO RENTAI, 0!' TWINHOMES; *TFIAT ACCBS.S~ BE PROUIDF.D i~ROM ONG OR TWO OF THF.' CUI -DI;-,SAC.S TO PIONEGR PARK AS IZECONINIENDF.D PARICS & 10 MINUTES CITY COUNCIL JUN~ 10, 1997 TRANSFLR OF OTF-SALC LIQUOR LIC~NSE - MOON BAY LIQUOI2S RECREATION COMNIISSION ANU APPIZOVED BY TE/E CITY COLINCII.; *TIIAT CON.STRUCT/ON T/t~iFHYC FIZOMAI,I,ENAVENUB TO TFIE DEVELOPMENT BE I./NICTED TO CON.STR(ICTION OF TWO MODEI.S AND THE NIOST EASTGRI_Y CUL-DE-S~I C WLTH AI,L OTI~ER CONSTR(ICTLON T/Z~I FP/C TO COME FROM CEN7ERVII.I.E IZOAD; *THAT TFIE PARK CFIAIZG~ FOR TLIE DEVELOPMGNT 73E E.STAZ37,Ib'HED !N COMPI,IANCE W/%7! ~IIG C!%'Y CODE; *TfIAT 13UILDING PE/ZMIT.S FOR MODEI, HOMES ON I,OTS Il, l2, I3, AND 1413E l.SSUED lN ACCOR/)ANCE W/TH 7FIE L2&'COA~IMENDATIONS OF CITY STAFF; *THAT A COVENANT /3E ESTA1371SFlED lNDICATLNG TFIAT THE HOMEOWNERS' Ab.SOCIfI T/ON /S' RGSPONS/B/,E FOR SU13.SE~UENT,SCREEN/NG OF P'OTURE /ND(I,STRIAI_ DEVEI_OPMENT ONCE THE INlT1,11, / f1 NDSCfI P/NC P[,AN IS APPROUBD 13Y TffE C/TY; *THA7' 7FlG !N/TlAI, I,ANU.S'CAP/NG PLAN I,S IN COMPI,IANCE WITFI TFIB I2ECONINIENDATION.S' OF THE CITY PI,ANNER AND GITY.STAFF The foregoii~g resol~~tion was duly seconded by Pedersen. Ayes (5) LaValle, Pedersen, Morelln, Fahey, Scalze. Nays (0). ResohiYion decl2red ~dopted. Frattalone indicated thlt the landscti~~ing plln that he is proposing exceeds the City's requirements. Council reviewed the request to transfer the off-sale liquor license for Moon'Bay Liquors located 1t 2752 L11<eshore Avenue to Mintal~oe, Inc. Staff reporfed that Sherit7's Department b1d<ground checl<s are pending. Mrs. Scalze introduced the foliowing resolution an<t moved its ado~tion: REb~07, UT/ON NO. 97-6-73G -APPRO U/NG THE TRAN,SFER OF OFF-SAI.E / I~UOR /.IC~Nb~B FOR NIOON BAY I.l~[IORS I.OCATFD AT 2752 LAKLSFCO/zE AVEN(IG TO MINTAFLOE, INC: FOR TFIE I,ICL'N.SG PERIOD J(II_ }' 1, I997 THLZOUCN J(INB 30, 1998 SU13.IGCT TO RF_CEIPT OFF .SATISFACTORY SHERLFF'S DEPARTMENT /3il CKGI20(IND REPORT.S The foregoing resolution was duly seconded by LaValle. Ayes (5) Scalze, LaV111e, Peclersen, Morela~~, Fal~ey. Nays (0). Resolution decl~red adopted. MINUTGS CTTY COUNCIL JUNE 10, 1997 CONSENT Mr. LaValle introduced the followin~ reso(ution and moved its adoption: AGENDA RES07 (ITIONNO. 97-6-137-~11'PROV/NG TFIE CON.SENT AGENDA WFILCFf CONTA/N.S TC/~' FOLl,OWlNG: xAU7H02lZING CLTYS%AFF 1'O AS/C I~IMSEY COUNTY7'O RE~(JEST 7'FIAT MN D07' CON.S`IDER E.STENI)/NG A REDUCTION IN THE,SPGED 1_IMIT ON CENTERU[I,LE ROAD NORTF! TO TKE JOE PE7'ERS PIlOPBRTY TO 35 MII,ES PER FIOUR; *APPROVING THL' 1997 FlRG PROTGCT/ON CONTRACT AND AUTHO/UZING THB ~YIAYOR fWD C/TYADNI/NGS%'RATOR TO E.l'ECDTE ON 13E/IfI1,F OF TFIE CITY; *APPROVLNG T/IE VOUCL-lE2S "Che foregoing resolution was duly secondetl by Mr. Morelan. Ayes (5) LaValle, Morelan, Pedersen, Scalze, F~hey. Nays (0). ResoltiiCion declared adopted. CLOSED Mr. Fahey introducetl the foliowing resolution antl movetl its adoption: SCSSION RESOI,UTION N0. 97-6-138 - CALI,/NCi FOR A C/.OSED .SESSION FOL/,OWING THF, REGU/.AR COUNC/L MEETING TO DI,SCU.SS PENDING I,ITIGA770N The foregoii~g resolution was duly secontled by Mr. Morelan. Ayes (5) Fahey, Morelan, Pedersen, Scalze, LaValle. Nays (0). Resolution deciared adopted. 56 W. LITTLE The City Administr~tor reviewed his memo dated June 5, 1997 CANADA RD. recommending that the City hold tirm at a purchase price of $98,000 for the property at 56 W. Little Ca~~ad1 Road. "['his purchase price is based on an appraisal of tl~e property, and is consis[eut with Council action in purch~si~~~ other properties in the ~rea. Mr. Glen Willis, owner of 56 W. Little Canadl Road, reported that he feels his property could justify an ldditional ~20,000 over ow offer. The basis for this request is his in~biliYy to find replacement housin~ on a lake such as he has now. Another f'~ctor is that his wife operates 1 business 12 MINUTES CITY COUNCIL JUN~ 10, 1997 from their home, and Willis indicated that the sale of the I~ouse and their subsequent relocation will resuit in loss of Little Canada business. Fahey asked if the business is 1 licensed home occupation. The City Administrator replied tl~at the CiCy has not granted a Special Use Permit for a home occu~aCiou for Che Willis'. F1hey pointed oiit that if the home occupation is not licensed or not permitted, the Council cannot lddress th1C issue. Fai~ey suggested tl~at stlff look into whether or not the business could Iegitimately continue in its present location. Willis ii~dicated that the business is a flower delivery business and that they only occ2sionally had people stopping at the house to purchase flowers. Fahey indieaCed that the City cannot overlool< the use, and that I~ome occupltions must comply with City Code requirements. ~ahey pointed out tl~1t if the business w2s only (lower deliveries, ti~ere was no reason it could not be carried out in ~ location other than Little Canada. Willis replied that at his house he has a 6lsement that l~e can work out of. Willis felt it wouid be dif('iculC Yo replace this worl<space in another house. Willis indiclted that he did not consider this aspect of relocation when he firsC began discussion with t~he Cit~y for the sale of his property. Fahey pointed out that the City's purchase of other homes in the area was btised o~~ the apprlised v11ue of the property. Fahey also responded to a request in Willis' letter to ti~e Cow~cii and indicated that the City could not assure Willis that the property would never be tal<en by eminent domain. There m1y be some public purpose Co t~al<e the property in the future. Fal~ey indicated to Willis that if ti~ere is no s11e, there is no sale and whatever happens in the lrea would be at the discretion o('future City Counci(s. Scalze agreed tl~at the City cannoC deviate ii~om its policy for one pro}~erty owner. The CiCy has dealt with a number of pro~~erty owners in ~ood faith, and there is no basis for deviation from Che policy that has been established. Morelan stated th~t he ~ssume t~he $98,000 pw~chase price was btised on the current co~~ing oPfhe pro~~erry. The Administr~ttor replied that that was correct. Morelln pointed out the necessity to close on the property by the end of June; otherwise property taxes would have to be paid in 1998. Mr. Fahey introduced the tollowin~ resolution and moved its adoption: 13 MINUT~S CITY COUNC[L JUNE 10, 1997 RESOI,[ITlON NO. 97-G-139 -ACCGPT/NC THE CITY ADMINIS7RATOR'S RECOMNIENDAT/ON TFIiI T THE P(IRCHASE OF 5G WEST l,ITTI,E CANADA ROAD !3E BASBD ON THE APPRAISED VAI UE OF'IfLE PROPGRTYAS HAS 13EEN CITY POLICY IN OY'HE2 PROPER7'Y Y(JRCI-lA.S~E.S` IN TFIE AREA The foregoin~ resolution was duly seconded by Mr. Morel2n. Ayes (5) Fahey, Morelan, Scalze, LaValle, Pedersen. Nays (0). Resolution declared adopted. Fahey instructed City staffto deal wiYl~ the licensing issue for the home occupation aY 56 West Little Cauada Road. Mr. Willis aglin reiterated the basis for his request for an additional $20,000 toward the purchase price of his property. Willis further pointed ouY thlt his property is ~pproxim~t~ely iwice Yhe size of Yhe adjacent properfy, and the City pwchlsed the neiahbor's property for $14,000 more than his. The City Administrator indicated that property pin~chases alon~ Little Canada Road were based on property appraisals. He also noted th2t the City has not discussed the use of eminent domain on this property and noted our policy of not condemning owner-occupied sin~le-fami(y homes. Mr. Willis raised some questioi~s about the short-term rent~l of I~is property should he decide to sell to the City. "Che Council instructed Mr. Willis to discuss this issue with the CiCy Administrator. OLD FIRl, FIALL Council reviewed the Old Fire Hall Rent~l G~~idelines. LaValle R~NTAL su~~ested thlt the SecuriCy/D1ma~e Deposit be called a GUID~LINCS Secw~ity/Damlge/Clelning Deposit. LaValle also pointed out some typographical errors. In reviewing the rental ~uitlelines, it was the consensus of the Council that the Old Fire Hall be deemed a tobacco-Pree f'acility. With regard to the use of alcohol on the premises, Scalze pointed out th~C most of the cities surveyed restrict the serving oPalcohol in soine manner. Scaize reconvnended that alcohoi use be prohibited 1s weli. Morelan felt that the rettlity of the situation is that people lelsin~ the facility will lil<ely use it for bridal showers, anniversary p~rties, etc. Morelan felt that these users will want tl~e ability to serve alcohol. 14 MINUTGS CiTY COUNC[L JUNE 10, 1997 LaValle felt alcohol use should be allowed provided that ke~ beer is prohibited. Fahey indicated th~t he favored allowing the serving of alcohol. Council discussed the wheCher or not host liquor liability insurance should be required, and staff was instructetl to determine what it would cost someone leasing the f'acility to obtain this insurance. Staf{'was also asked to determi~le why tl~e City of Maplewootl is requiring the use of a City- approved alcoi~ol ~rovider beginnin~ Janulry of'I998. Mr. LaValle introduced tlie followin~ resoluCion and moved its adoption: RES07 U770N NO. 97-G-14/l -'['A131,ING ACTION ON THE OI.D FIREL3AL1, REN7AL REGULATlONS UNTII. ~HE./UNE25, 1997 RECUT AR COUNCII, MEBTINC The foregoing resolution was duly seconded by Pahey. Ayes (5) LaValle, Fahey, Scalze, Morelan, Petlersen. Nays (0). Resolution declared adopted. REC~SS At this point in the meeting, 10:05 P.M., Council tool< a short recess. The meeting was reco~~vened at 10:10 P.M. Council Member LaValle had to leave tl~e meeting during the recess. COMMISSION The Councii reviewed sta{~E's report regarding commission actendance ATTENDANCE policies and/or ordinances of surroundin~ cities. F2hey indicated that ORDINANCG he favored ldoption of ~n ordinance similar to thlt of Vadnais Heights. The V~dnlis Heights ordin~nce decl<ues thlt commissioi~ members who miss tlv~ee consecutive meetings or fow~ meetings in a calendar year will be considered to have coi~strucCively resigned f'roin Che commission. Fahey a(so felt that the Council should mal<e a decision on this issue this evening. Scalze pointed out the policy of the P1lnning Commission to declare absences to be excused if the member c111s in with a reason for not being able to lttend the meetin~. It was the consensus oPthe Council tliat a missed meeting is an absence and there will be no distinction between an excused absence 1nd just 1n absence. Councii discussed the timing for when Che attendance ordina~~ce would go into effect. lt w~s the consensus of the Council Yhat the attendance requirement would ~o inYO effecY ret~roactive to January I, ~(997. Ifthere 1re members of the Commission who lose their appointment because of IS MINUT~S CITY COUNCIL JUNE 10, 1997 the attendance requiremenf, F1hey suggested that they could apply for re~tppointment. If tl~ere were extenuating circumstances for the member's absences, the Council would consider reappointment. It was also the coi~sei~s~is of the Council that 111 meetings would co~int towtird the attendance re~uirement, incl~idiug any s~ecial and wori<shop meetings that may be called. Fahey noted that should a commission member miss four meetings in a year, thle is approximately 25% oPa commission's meetin~s. This type of lttendance would maI<e it tlifticult for the commission as a whole. Mr. Fal~ey inh'oduced the f'ollowing resolution and inoved its adoption: RE.SOI,UTLON NO. 97-G-1~1 -lNS7'RUC"l7NG THG' CITY ATTORNEY TO DLZAFT '!'fIE APYIZOPRIATG ORUINANCES Eb~"1'ABI,Ib~HING A7'TBNDANCB I2GQ(IlRENIEN'f.S FOR TFIE PI.ANNING CONIMI.S.S`ION~IND PA2/CS & RECRGA~LON COMMI,SSIONAS OU77./NGD IN 1I-IE PREU/O(LS DI,SCU,SS70N The fore~oin~ resolution was duly seconcled by Ma~elan. Ayes (4) Fahey, Morelln, Scalze, Pedersen. Nays (0). I2esolution declared atlo~~ted. RiCG/G94 Council reviewed Ramsey County Commissioner F3ennett's letter JAIL SITC which indicltes that he h~ts not yet tlken a position on the possibility of County property at Rice Street and 694 as ajail site. Bennett felt a presentltion on this issue wtis prem2t~ure 1t this time, and indiclted that the City would have lmple oppoitunity to comment on Che iss~ie. PURCHASE The City ndminish~~toc recommendetl the ~w~chase of a l~ydroseeder OF HYDRO- 1t a cost of $7,500. The hytlroseeder would be usetl for reseedin~ S~~D~R boulevards alon~ the 1995 street improvements, waterin~ of seeded areas 1s well as plantings on City properties, replir of'boulevard lreas damaged by s~~owplowing, and future seeding projects. The Administrator estimated a t~vo-year paybacl< for this piece of equipment, 1nd recommended that funding come from the Capital Improvement Fund. Mr. Morela~~ iut'rod~iced the 1'ollowin~ resolueion 1nd moved its adoption: R~SOI,UTIONNO. 97-6-742-AUTHOltIZING %'HE PURCFIASE OF' A HYDROSBEDER /N TKG AMOUNT OF $7,500 W/TH PUNDINCi TO COME FRON! THE CAP/TA1, /MPROVL'MF,NT FUND 16 MINUTES CITY COUNCIL JUNE 10, 1997 'I'he foregoing reso(ution w1s duly seconded by Scalze. Ayes (4) Morelln, Scalze, ~ahey, Pedersen. N1ys (0). Resolution decllred atlopted. TAX TORF~IT~D Council discussed the tax-i'orfeited property in the area of Park and PROPERTY - Lake Streets. Council noted the recommendation of the Parks & PARK AND Recreation Commission that the City tal<e the property at this time LAK~ S'TK'E~T'S through ti use deed. The Commission has indiclted that should the City feel a portion could be deveioped, the property could be subdivitled, a clear title obtained fiom the County, and the developable portion sold. Tl~e Council felt it was preferable to allow the Coui~ty to sell the property at public luctio~~. When a development proposal is submitted to the City, tlre Council could, at that time, ensure the dedication of any park areas deemed necesslry. Mi~. Morelan inh'oduced the foliowing resolution and moved iYS adoption: RE.SOI,DTION NO. 97-6-743 -APPROV/NG TAE CLASSIFICATION OF TA,Y FORFEITED !_s(ND AT PAltK AND /,AKE ST/ZEETS AS NON-CONSGRUATION 1_.1ND, AND APPIZOUINC TKE COUNTY'b' SA1 E OF THE PROPERTYAT PU/3I.lCAUCTION The foregoin~ resolution was duly seconded by P1hey. Ayes (4) Morelan, F1hey, Scalze, Petlersen. Nays (0). Resolution declared adopted. C~NTERVILLL "fhe City Admi~~istr~ttor indicated thlt he would forward petition ROAD forms to the Centerville Roatl property owners informing them of the WATERMAIN need to petition the City for water main improvement. The Administrator reported that t(~e improvement will have to be bid. However, given that Mr. Frattaloi~e will be wori<ing in Yhe are~, if he chooses to bid the work there m1y be 1 savings in mobilizltion costs. The Administrltor su~gested Yhat Yhe City's single fi~ont~~e water mlin policy may come into play for this improvement~, and estimated costs {~er property between $3,000 to $4,500. STOP SIGN The City AdminisUator reconunencled th~tt the issue o1'traffic controls AT DESOTO at the intersection of Desoto Street and Allen Avenue be referred to the AND ALL~N Sheriff's Department, City En~ineer, and Public Worl<s Director for comment. Council a~reed. 17 1VIINUT~S CITY COUNCIL JUNE 10, 1)97 PAY R~QUGST Mr. Morelan introduced the following resolution and moved its adoption: I'OR AI2CAD~ STI2EET IZGSOI,UTIONN0.97-6-744-f1PPXOVING'I'HEPAYI2E~UES'T IMPROV~M~NT SUI3MIT7'L'D BY RY~1N CONTRACT/NG !N 7HE AMOUNT $82, 774. 59 FOR TF[E ARCADE .STREE7' IMPROVEMENT The foregoing resolution was duly seconded by Pedersen. Ayes (4) Morelan, Pedersen, Pahey, Scalze. Nays (0). Resolution decllred ldopted. ADJOURN Mrs. Scalze introduced the followin~ resolution and moved its adoption: REb'OI, UTION N0. 97-6- ] 45 - fl DJOCIRNING INTO CI,OS'EI) SE.S,S70N The fa~egoing resolution was duly seconded by Morelan. flyes (4) Scalze, Morela~~, I~ahey, Pedersen. Nays (0). Resolution declared ldoptetl. There being no tlu~ther business, the meeting w~s adjourned at 10:30 P.M. ~ 1 ~ .~u,.~. _. ~s_:; Mic~l l. Fahey, Mayor Attest: ~____ Joe R tanson, City Administrator Ib