HomeMy WebLinkAbout06-25-97 Council MinutesMIN[JT~S OTTH~C RCGU~LAR MG~TING
CITY COUNCIL
I,ITTL~ CANADA,IV[1NN~S07"A
JUNl~; 25, t997
MINUTES
SIGN II~TGHT
VARIANC~ -
3180 COUNTRY
DRIV~
Pursuant to due call 1nd notice thereof a regular meeting of the City
Co~incil of the Ciry of Little Canadl, Minnesota was held on the 25°' day
ofJune, 1997 in the Counci( Chambers ofthe City Center loc2ted at 515
Little Canada Road in said City.
Mayor Michae] I. Fahey called the meeting to order ~t 7:30 P.M. and the
following members o~f tl~e City Council were present at roll calL
CITY COUNCIL:
Mayor
Council Member
Co~~ncil Member
Council Member
Council Member
Mr. Mich~el l. Fahey
Mr. Jim LaV111e
Mr. Steve Morelan
Mr. Bob Pedersen
Mrs . Beverly Scalze
ALSO t?RESENT
City AdminiSiraCOr
City Attorney
CiCy Planner
Cable "I'V Producer
Admin. Assistant
Mr. Joel R. I-[lnsoi~
Mr. Tom Sweeney
Mr. Steve Grittman
Mr. Greg Schroeder
Mrs. Kathy Glanzer
Mr. Pedersen iutroduced Yhe followin~ resol~ition 1nd moved its adoption:
LZESOI, (ITION NO. 97-G-14G -~1 PPItOV/NG TFlE NIIN(ITES OF
THG .IUNE 10, 1997 REG(II,AR COUNCI/, MEL'77NG AND THE
J(INE I Q Z997 CI OSED COUNCIL NIEF.TING AS SUBM17'%'BD
Tl~e foregoing resolution was duly seconded by LaV~lle.
Ayes (5) Pedersen, LaValle, Sctilze, Morelln, Pahey.
Nays (0). Resolution tleclared ado}~t~ed.
Mayor Fahey opened ti~e public hearin~ to cor~sider the application
made by Crossro~d Properties for a variance from the sign hei~ht
maximum of 25 feet as established in the City Code to a height of
40 feet for their property located ~t 3180 Co~mtry Drive. The Pl2nnin~
Commission recommended approval of the variance.
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CITY COUNCIL
JUNE 25, 1)97
It was noted that Crossrotticl Properties is proposing to move 1n existing
40-foot higl~ sign from the roof of their properCy to pylons a few feet south
of the building. The roof sign is causin~ problems for the roof itself, and
Crossroad Properties would lil<e to mal<e repairs to the roof and retlin the
existing sienage as a freestandiu~ pylon si~n.
There was no one from the ~eneral p~iblic present' wishin~ Co comment on
this matter.
Upon motion by LaValle, seconded by Scalze, the p~iblic I~earing was
closed.
Morelan asl<ed about the amo~mt of signage at the site. The Pllnner
re~orted that there is inore si~nage tha~~ is allowed by Code. I-lowever, the
si~n existed prior Co Che CiCy's si~n ordinance. In 1987 the City grlnted a
variauce for height of the roof si~n. Given the flet that the sign is
proposed to be moved ~Prom the roof to pylons, another variance is
necessary to retaiu the 40-~('oot height that alre~dy exists.
Mr. LaValle introduced the followin~ resolution and moved its 1do~tion:
RESOI.UTIONNO. 97-6-747-APAltOVINGTHE vAR/ANCF. FROM
TFlE Nl~IXl[VI(IM SIGN /~fE/Gf/T OF 2,> FEGT AS ESTAB/,I,SF[ED IN
THE C7TY COUE 7'O A HEIGHT OF 40 FEET TO ACCOMMODATE
TELE REI,OCATION 07' T~IE ROOt' SIGN A1` 3180 COUNTI2Y
DRNE TO FREE-STi1 NDCNG PYl.ON.S S'UBJECT TO
CONLPI,IANCE WL'L'E/ RECON(iVIENDA770N.S OF %'KE PI_ANNING
COMMLSSIONAS OUTI /NED fiT ~HGIIZ NIBETlNC OF JDNE I2,
I>97
"Che foregoin~ resolution was duly seconded by Ma~elln.
Ayes (5) L1V111e, Moi'el~n, Scalz.e, Fahey, Pedersen.
Nays (0). Resolution declared adopted.
CUP TO AMEND Mayor Pahey opened the public hearin~ to consider the application
PUD - 43 ~AST for Conditionll IJse Permif to amend an existin~ PUD to add a parcel
COUNTY ROAD B of land and develop it as a mini-storage facility. The ~~roperry invoived is
located at 43 East County Road B. The applicant is Two S Properties.
Fal~ey noted that the Planning Commission h2s recommended approval of
the applic2tion.
Scalze questioned the open and outdoor stora~e portion of the proposal.
Todd Jones, Two S Properties, reported that he is ~ro~osing tl~e
develo~ment occur in two phases. 6uildings A and B woulcl be
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CITY COUNCIL
JUNE 25, 1997
constructed in tl~e first ~h~ise. Buildin~s C<tind D would occur in the
second phase. As part of the first phase, the are2s where Buildings C and
D are to be located would be paved and striped and used for oufdoor
storage of bolts 1nd RV's.
Sc11ze suggested a bui(ding be constructed to store the boats and RV's in.
Jones replied that the numbers do not worl< to support the co~utruction of a
quality masairy buildin~ for stora~e ofboats and RV's. This is done,
however, in rural arels where a po(e building can be constructed.
Scalze co~nme~~ted that she did noY feel opeu and o~itdoor stora~e was tl~e
highest a~~d best use for the pro~erty, and Pelt Chat such a use was better
located further otiit from the metro area.
Jones re~~orted that they typically draw 80% of tl~eir busii~ess from a three-
mile radius. Jones felt 2 stor~~e area was 1 benefit ro the community in
tl~1t it allowed people to ~et boats and RV's out of their driveways. Jones
a~ain outiined his pian for the secontl ~hase of the development.
Fal~ey as(<ed when tl~e open and outdoor storage use would cease
suggesCin~ a sunset clause be 1 condition of approval.
Jones reported th~it the schedule for phlse two wo~ild be marl<eC driven.
Fahey stated that he did not want to leave the open and outdoor stora~e
use open-ended, and was concerned the use could becoine permanent.
Jones replied th~t it was not their inTention to continue the open and
outdoor storage on a permanent basis. Jones pointed out that Minnesota
Mini-Storabe has been in the community for the past I 5 yelrs. Tl~ey have
been a~ood member oi'the community, and their property is well
desig~~ed and maintained.
Scalze stated Ch~t this was good ~xo~~erty and there was no point in using it
for open 1nd outdoor storage.
F2hey indic~ted th~t he did not have a problem with open ancl outdoor
storage as an interim use as (ong as there was a sunset clause. Fahey
pointed out that the City has h~d oCher developers pro~ose phases that
never maYerialized.
Jaies pointed out their tracl< record, and indicated he would ~refer not to
have a s~inset clause. However, if the Council deeides a stmset clause is
necessary, Jones request~ed ti~e City give him some (lexibiliYy. Jones
reported that it does not mal<e economic sense Co b~iild the second pl~ase
,
,
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CITY COUNCLL
JUNE 25, 1997
until dlere is the den~~and. Jones requested thlt the sunset clause be
extended out as far as possibie.
1?edersen su~gestetl 1 sunset dause of two ye~rs and if'the marl<et is not
ti~ere to suppoit tl~e third and fourtll builtlings, the Council could lool< at
the issue again.
'Che City Planner sugg~ested thlt a sunseC clause be handled as an inYerim
use and pointed out that the Zoning Ordinance would have to be amended
to provicle for interim uses. "I'he Planner indicated th~t open and outdoor
storage becomes a pennanent properey ri;ht once it is granted.
Sc~lze pointed ouY that this is a PUD and s~iggested that Cemporary o~en
and outdoor storlge could be a part ofthe PUD.
The City Attorney suggested diat a Development Agreement cou(d be
drawn up wherein the developer agrees to ~ sunset cl~use for the open and
outdoor storage.
Morelan sfated that he tlid not see a bi~ problem continuing the open and
outdoor storage. Morei~n pointed out fhat the area would be screened, and
this I<ind of st'orti~e ~Ilows property owners to get~ bo~ts antl RV's off CiCy
streets and priv2te property. Morelan sYatetl that he would prefer not to
see the opei~ and o~iCdoor sCOrage continue for tl~e next 20 years, but felt
marl<et forces will eventually drive the developer to do the second phase.
Jones poiuted out that Minnesota Mini-Stor~ge currently has six acres, and
this proposal wo~ild adtl another 1 S acres. Jones reporCed that the open
and outdoor stora~e area is a very sm211 percentage of the whole. The
open and outdoa~ stora~e will be well screened 1nd a~ood fit with the
entire operltion. Jones a~ain pointed out that they hlve been in business
in Litde Canada for the ~<ist 15 years, hlve a,~ootl re~ut2tion, and run a
tighC ship.
Scalze pointetl o~it the tax tinalysis informat~ion that the Council recently
reviewed on another property. Scalze felt the intent of loot<ing at that type
of infonnation was to Cry and ~et t~he best use for a parcel, one that would
bring in tax dollars. Scalze pointed out that the property is zoned BW, and
indicated that she was not sure this was the best zoning f'or this property.
Jones pointed ouC Yhaf althou~h the property at 43 County Road B is zoned
SW, iC is bein~ used as ~ residential use. Jones reported that the pro~erty
value oCtl~e site will ina~ease dramatically and will generate many more
tax doll<trs than tl~e residenCial hon~~e.
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CITY COUNCIL
JUNE 25, 1997
Fahey stated that ~ two-yelr sunset clause was acceptable to him and
suggested the CiCy At'torney assist in tlrlftin~ the development agreement.
Pedersen pointed out that there is currently outdoor storlge at Minnesota
Mini-Storage. Jones re~lietl that there is a limited amount oPoutdoor
storage. This storage has not been 2 problem or a~~ eyesore.
In response to Morelan's question, Jones indicated there would be room
for approximately 25 RV's in the proposed outdoor stora~e area.
Sc21ze indicated th2t she would sup~ort the two-year sunset clluse.
Jones requested the open and outdoor storage be (eft o~eirended.
However, if the Co~mcil feels a sunset clause is necessary, Jones requested
a two to three year period with the flexibility to revisit the sit~iatiot~ at the
end ofthaC time.
'['here was no one from the ~enerai public presene wishin~ to comme~~t on
this matter.
Upon motion by LaVal(e, seconded by Morelln, the public hearing was
closed.
Scalze indicated she did noC support an indication that the o~itdoor stora~e
iss~ie wili be revisited. Scalze l~eh that would promote the inde~niYe
continuaYion of this use.
Morelau felt this w2s a sit~uation where tl~e City is Gying to tell someone
how to ruu his or her business. Morelan asl<ed if the proposal met tl~e
conditions for outdoor stor~ge. The City Planner re~>lied that it does.
Fahey indicated th~t he would lii<e Co see the cleveloper Iive up to his
commitment to build phlse two. F1hey st~ited th~t his expectation wo~ild
be that the buildings will be done in two years, and also stlted he would be
less inclinetl to ~i'ant 1n exteusion Por ehe storage.
Jones pointed out that if in two years Cl~e occu}~ancy is not there, it would
not malre good business sense to build ~~h~ise two. Jones indicated,
however, that he wants t'o see the project worl< and Che buildings built.
Mr. F'ahey introducetl the foliowing resol~ition and moved its adoption:
RESOI,UT/ON NO. 97-6-148 -APPKOVING THE CONDLTIONAI,
U.SE YE aMIT TO ANIEND i1 N G,A'LS77NG PI.ANNED (INIT
D~VEI.OPMF,NT AS RGQUE>STED !33' TWO S PROP~'RTlES TO
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CITY COUNCIL
JUN~ 25, 1997
ADD 93 EAST COIINTY ROAD B AND DB!/ELOP /Y'ASFI MlNI-
STORAGE FACI/ /TI'.SUBJGC%' TO %'FIE DEVELOP~IZ ENTERING
INTO A DEVEI.OP~YIGNT AGREENIENT WHICH WOUL,D ALL,OW
THE OPENi1ND OUTDDOK STOItAC;E USE 7'O CONTINUE UNTII,
JUI,Y I, 7999 AT WI/!CI/ T[NIE THE APPL/CANT WOUI.D 13F,
EXPECTED 7'0 MAKE A GOOD FA/TF/ GFPORT 7'0 PROCEGD
WITf/ PHA.SE TWO OF %'F/~' DEVE/.OPNIEN%', W/TH T/LIS
APPROVAL SU13./ECT TO COlI~1Pl,/ANCE W/%'F/ THE
RECOMMENDA770N.S OF TH~ CITY 1''/.ANNER A,S OUTLINED IN
FlIS REPORT DATED ./UNG 5, 19J7
The foregoing resolution w~s duly seconded by LaValle.
Ayes (3) Pahey, LaValle, Pedersen.
Nays (2) Morelan, Scalze. Resolution declaretl ldopted.
CUP & Fahey opened d~e ~ubiic hearing to consider the applicat~ion ofLarry
VAR[ANC~ - Abdo, 497 Schletty Drive, for a Conditional Use Permit to add a
497 SC'HL~TTY second g2r~ge 1s weil as tot~il ~arage space exceedin~ 1,000 square
DW.VE feet, and a Variance to 211ow a second curb cut to acconunodate a U-
shaped driveway. The I~'lannin~ Conunission has recommended approv~l
of this request.
Mr. Abdo appeared before the Council and reported that t~he existing
driveway h1s a f~irly st~eep slo~e. The driveway config~u~ltion is needed
Yo safely accommodate the loadiug and ~inloadin~ oPthe van at a flat
surface at tt~e ti~ont of the house. The addifional garage area is needed for
expansion space to store a handicapped-accessible van.
Morelan asl<ed iPthe pro~osed ~~r2ge met setbacl< requirements. 1'~he City
Planner replied th~t it did.
There was no one ~~resent from the generll public wishing to comment on
Chis matter.
Upon motion by LaVal(e, seconded by Morelan, the pubiic he2rin~ was
closed.
Mrs. Scalze introduced the (oliowin~ resolution and moved its adoption:
RGSOI,UTIONNO. 97-6-IA9-APPROUlNG ~FlG CONUITlONAI.
U.SE PERMLT TO fIDU A.SGCUND C;AIZAGE AS WEI,1, AS TOT~11.
GARAGE SP~iCE E,YCEEU/NC l, 000 S~ Uf1 RE FBET; ~I ND A
VARIANCF, TOAI.I O~VA SECOND CURB CUT TO
~1CCOMMODATEA U-.S'HAPED DKlVEWAY.SUKJECT TO
1VIINUTLS
CITY COUNCIL
JUN~ 25, 1997
COIYIPl.IANCE Wl%'H THG ItECOMN1ENDfiTION.S OF THE CITY
PI_ANNE2 AS OUTI./NtsD /N H/S RL'PUKT DATED ./(INE 70, T 997
The fore~oing resol~ition w~is tluly seconded by LaValle.
Ayes (5) Sc11ze, LaValle, Morelan, I?edersen, Scalre.
Nays (0). Resolution declared adopted.
RCZONING M1yor Fahey o~~ened the Public I-[earing to consider the 2ppiication
AS W~LL AS for Rezo~~ing to B-2 as well as other various Zonin~ and Subdivision
VARIOUS approv~ls in order to constnict a five (5) 61y, 3,680 s~uare foot auto
ZONING ANb service facility for Tuffy Auto Service Centers on the property
SUBDIVISION located at a~proximately 2310 Rice Street. Fahey pointed out that the
APPROVALS - Planning Cominission recoi~~n~~endetl ~pproval of the ~~roposal subject
TUTFY'S to several conditions. Fahey asl<ed if Yhe propos~l was consistent with
AUTO CENT'~'R the City's Comprehensive Plan.
The City 1'lanner replied Chat~ the area 11ong Rice Sh~eet south of the school
~i'operty is a~~ appropriate area for au¢o-rel~ted uses. Tl~e Planner pointed
out thlt McDonald's, I lardees, Fina, Bob's Cycle exist in this area and are
consistent with I3-2 type uses.
Fahey indicated th2t he thoubht the point of the City's worl< in plam~ing
foc Rice SYreet wfis t'o resh'ict B-Z uses.
The Pla~uier pointed out that there ~re cun'ent(y no B-2 zoned properties
within the City. Previously, the Cit~y's Zonin~ Cotle providetl for B-1 and
B-2 uses to rollover into B-3. The City eliminated this rollover provision
and currently anyone proposing a F3-2 use will also hlve to request a
rezonin~ to B-2.
Scalze indicated that her recollection is that the Council had relsons f'or
eliminating the B-2 rollover, and st~ted that she does not remember
anyone su~gesting the area south of the school be rezoned to E3-2.
The CiCy Pl~iv~er pointed o~it tl~at the Development Guide cliscusses the
~~ode concept antl sep~ratir~g commercial uses with other uses. The Comp
Plan includes tliscussion of ~uto-related commercial uses south of the
school property because of the proximity to the freeway interchan~e.
Sca(ze suggesCed thlt ~tnythin~ can be called a node, and questioned when
a node bec2me spot zonin~.
N(orelan pointed o~it that the City never had any I3-2 zonin~, jusY B-3 with
B-2 uses rolling in. "The City did a text amendment and eliminaYed the
7
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CITY COUNCIL
JUNE 25, 1997
rollover provision 1or I3-2 thlt i esulfed in a lot of properties becoming
nou-conforming uses. Nlorelan ~oinCed outthatChe Councillaiew this
whei~ it did it. Morelln felt~ the Council's intention was to see wl~at
development ~roposals came in ~ind ac{dress each on a case-by-case basis.
Morelan felt the question was whether or not the Tuffy's Auto CenYer was
a good use for the area.
Pahey f'elt tl~e discussion of ~u¢o-relaCed ~ises for areas ~dj~ticent to tl~e
fi~eeway made sense, but q~iestioned how these uses should extend down
Rice Street away from the freeway.
Morelln thougl~f the Com~~ Plan says thlt Rice Street so~ith of the middle
school was a good area tor auto-rel~ted uses.
Scalze asl<ed about the sit~uat~ion where a tleveloper is interested in p~itting
a~ito-related uses at the Rice Street/[.ittle C~nad1 Road intersection.
Morelan poinCed out that that area is not desi~nated as auto-related
commerci~i. Only Che ~rea south oPehe middle school I~as been identified
as such.
The City Planner indicated thlt this was his recollection of the discussion
as well.
Sealze expressed concern with t~he Pl~nnin~ Commission's
recommendation th1t~ just~ one parcel be rezoned to B-2.
Fahey indic~ted l~e agreetl with that reconunendation. If the City rezones
the entire area now, it will lose cont~rol over wl~at is developetl. Tl~e City
might eud up with three auto service centers in a row.
Morelan indicated he would not want to rezone more than just the Tuffy's
parcel witliout frst lool<ing at the uses allowed in the B-2 District.
It was ~ointed out that Hardees is closed, and Scalze questioned whether
allowing auto-rel~teci businesses in this ~irea is the right thing to do.
Scalze ~~ointed out tht~t Bally's is not auCO-related and it is succeeding.
Fahey asked if the school property is bein~ used as ~i physical barrier to
the auto-related businesses. 1"he Pl~nner re~~lied that the Land Use Plar,
~ises this {~ro~eity ~s a physical barrier, ~nd he recom~riended that auto-
related uses not extentl north fiom th~t point.
Geof'fiey Benedict reported that he is aware of the Abra proposal from two
years ago 1nd noted that the Abra business is m~ijor auto repair. Tuffy's is
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JUNE 25, 1997
minor auto rep~ir. 'I'uffy's services include breal< worl<, Tune-ups, oil
chan~es, eta Benetlict re~ortetl that 1'~iffy's is the only b~isiness that has
expressed interest in the property since the Abra proposal two years ago.
Interestingly eno~i~h it is an a~ito-relaYed b~isiness. Benedict re~orted that
tl~e marl<et place dictates rhe int~erest Benedict pointed out thaY Yhe Tuftiy
building is a~~ lttractive one, mlde even more so by the chan~es made to
comply with the City's architect~u~al sYandards. Benedice reported thlt the
Tuffy's proposal I~as been modifetl to inclutle both the reco~nmendations
of the City Planner 1s well as the Planning Commission.
Scalze asl<ed aUout the service road at fhe bacl< oPd~e property. Benedict
replied that the existing clrive wii be moved ftu~ther north ai~d access to
TufPy's will be vi2 the ~rivate drive. The road m1y have to be further
adj~isted when tl~e next parcei develo~~s as well.
Petlersen asl<ed how far the bricl: will be wrap~~ec1 around the north side oi'
the buildiiig. Benedict~ replied tl~at the bricl: will be wrapped v~ound for
25 Peet. It was pointed o~it th~f t~he remaintler ofi the north side of Yhe
building will be painted blocl<. There will be heavy landscaping on this
side as well.
Benedict~ explained that t(~e lease will be a corporate le~se with T~iffy's
2nd will be 15 years in len~th.
Morelan pointed o~rt tl~e 17'4" hei~hC proposed for t~he building in order to
accommodlCe the i~oists. The Planner reported ti~aC fhe 14-foot l~eigl~t he
referenced in I~is report is addressed in the City's architectur~l ~uidelines.
If the City cl~ooses to 111ow the greaCer hei~l~t, ~~o v<u'iance is required.
Pedersen asl<ed if the proposal met~ the CiCy's architectural guidelines.
The City Planner replied it was l~is opinion the guidelii~es have been met.
Fahey su~;ested that roclo-f~ce blocl: or a bricl< with more texture may be
more atcractive than the smooth brid< proposed.
"I'he City Pl~nner pointed out~ Chat tl~e joint pattern on tl~e bricl< will
provide some texturc, anct felt brid< was a beYter choice than rocl<-face
bloclc. I3e~~edict indicated there are bricl< patterns with more grain a~~d
they would be willing to consicler difPerent brid<s. E3enedict poinfed out
tl~at the Plan~~ing Commission requesCed a earH~ tone briclc and pai~~t.
Benedict a(so ir~dicated th~t it is dif'fic~~IC Co mal<e rocl<-face biock water
ti~ht because of the angles on the blocl<. t~rom 1 mlintentince stand~oint,
bricl: was better.
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CITY COUNCIL
JUNE 25, 1997
Pedersen asl<ed if the business would be company owned or a franchise.
13enedict reported th~t the corporate lease will be long-term. However,
Tuffy's may brin~ in a handpicl<ed f'ranchisee. It was pointed out that this
will be the fiu~st Tuf~fy's store in N[innesotl. "I~uffy's plans 1re to develop
about 25 stores in the State.
There was no one from the general public present wishing to comment on
this mltter.
~Upon motion by L<iV~ille, seconded by Morelan, the public hetiring was
closed.
Mr. LaValle introtluced the following reso(~~t'ion 2nd moved its adoption:
RGSO/.DTION N0. 97-G-lSll -APPRUV/lYG THE RE'l,ONING OF
T/fE PROPOSED'TUI~I~ 1".S.SITt TOAUTO-OR/~NTED BUSINES~S`
(13-2) A.S WEI,L AS Tf~1E UTHGIZ ZON/lYG AND SUBDNI.S'ION
APPROVAI_S ~IS OU77./NL:D B S' Tf/E C/%'Y P/ ANNE/Z /N ORULl2
TO AI,LOW TFIl? CONSTIt UCT/UN OF A/~IVE (5) 13AY, 3,G811
SQUARE EFOOTAUTO.SERVICB /'AC/L11'l' FOIi TUF!'YAD"f0
.SBRUICE CENTER ON PIlOPERTY LOCfiTED fI T
APPIZ0,17MATELY 2310 R/CE S'TIZCG%' SU13./GCT TO
COMP/.IANCG WI'l'H THE RECONIM~'NDATIONS OF THE
PL,ANN/NC COMMI.S.S/ON AS LLS7'F.D IN TfLE/R MINUTES
DA'lED JUNE 72, T 997
The fore~oing resolution was duly seconded by Pahey.
Ayes (4) LaValle, Fahey, Pedersen, Morelan.
Nays ( l) Scalze. Resolution declaretl adopted.
AM~ND Mayor F'ahey opened the P~iblic I-learing to consider an amendment to
ZONING the City's Zonin~ Ordin~nce th~t would allow Por administrative
CODE - review of l~ome occu~ation permit renewals. Tl~e Planning Commission
HOME has recoinmended lpproval ofthe amendmenC.
OCCUPATION
PERMIT There was ~~o one from the ~enerxl public present wishing to comment
R~N~WALS on this matter.
U}~on motion by Morelan, seconded by L~Valle, the public hearin~ was
closed.
Mr. Morelan introduced the following ordinance and moved its adoption:
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CITY COUNCIL
JUNE 25, 1997
OKDINANCE NO. 456 -~I N OLZUINANCG AMENDING THE
I,/TTI,E CANAllfI ZON/NC OKDINANCE 7'O M~1 KE /lOME
OCCDPATION /.ICENSG RENEWA[.S AN AUMLNISTRATIVE
PERMI%' PROCE.S.S
The foregoi~~g ordinance was duly secaided by Scaize.
Ayes (5) Morelan, Scalze, Pedersen, Fahey, LaValle.
N~ys (0). Resol~ition <iedared a<topted.
STATUTE Mr. Dale Laugfoss, ~n lrchitect representing the Church of Jesus C}~rist of
130G the Latter-Day Saiuts, ap~eared before Che Cow~cil requesting that the City
repeal iCS adoption of St~ite StlCute1306, Special Fire ProtecYion Systems.
Lingfoss reported tl~~t the Chw'ch is doins~ some remodelin~ as well as a
small addition. Bec~use of the small addition, the requirements of Section
1306 kick in and Yhe entire building will h2ve to be sprinl<led.
Scalze stated that it w~s her ~uidersC~ii~din~ the City couid not exempt
lnyoiie Prom Section 1306 requirements. Pahey repiied that there is no
exemUtion provision, the issue is whether or not the City is willin~ to
repeal Section 1306.
Morelan stated th~C he was ~ firm believer in sprinl<ler systems, and
suggested the Church (ool: at it {iom <~ public safety standpoint. Morelan
stated that he was not in favor of repealing Section 1306.
F~hey reviewed the B~iilding OTl~icial's letter dated J~ine 18'~' which points
out ti~at the additionai tloor area increases occu~~lncy of Che building
wl~ich then triggers t~he requirement that a tu'e suppression system be
instal(ed.
Langfoss reporCed dlat in reality the occ~ipancy of the b~iilding is not
incretising. The addition will add 1 youth room and mu'sery area to the
buildin~, but in re~lity wiil not~ increase the occupancy.
P'ahey indiclted that he was not willing co eliminate Section 1306, and if
the City exempts this situation, it beCter be willing to abandon the
requirement throu~hout the City_ Morel~n 2~reeci; however, asl<ed
whether the last sentence in Subparagraph 3 ~~plied in Yhis case.
'I'lie City Administrator replied that the Chwch is a Group A occupancy;
tl~erefore, tl~e exemption noted in this para~raph does not a~>ply.
Fahey indicated th~t it would be a major shift in public policy Co elimin~te
SecYion 1306. Fahey stated that his preference was to see buildings
MINUTGS
CITY CO~UNC;IL
JUN~ 25, 1997
sprinl<led, and asl<ed if there was some way for tl~e City to assisC wit~h
costs.
Ltingfoss reported th~t while the addiYion is a~~~~roximately 4% of the costs
of the entire project, sprinl<ling is 10% of Yhe cost Lan~foss reported that
Section 1306 is very specii'ic in thac Uiere are no variances 211owed.
Langfoss reported that insiny cities are rwinin~ i~~to the same }~roblem,
where the requirement of a f~u e suppressioi~ system is triggered by a small
addition. For this reason 1 lot of cities have not ado~ted Section 1306.
Scaize indiclted that the tlecision was eiUier to retain Section 1306 or
repeal it.
Fahey poinCed o~it th~t the CiCy has made progress Gom a life slfety
standpoint because of its ldoption of SecCion 1306. "fo repeal th2t Section
becuise of this o~~e situation would be a b~d ~~olicy decision. Fahey
su~gested tl~at the remedy mtiy be to asl< the Legis(ature to modify the
St1te Statute to allow for exemptions for smail atlditions.
L1n~foss repoiCed fhat he h~s worl<ed closely with Che Building Inspector
to find a way a loophole in the ordinance and was wiable to do so.
Lan~foss i~ointed out th~C sprinl<ler systems protect buildings and not
lives.
More(an pointed out that a sol~ition would be to just~ clo the remodeling and
not the addition. Langfoss repiied th~t the addition is needed.
Fahey suggested fhere may be some State funding or grants or foundations
whict~ would assisT in the cost of sprinl<lin~ the building.
Denuis Alsop, Pl~ysic~i Pacilities Representltive for the Church, pointed
o~tt that Section 1306 is so restrictive it gives theiY~ no ability to
accommodate small addit~ions. Alsop reported Chat they would have no
problem inst211ing a fire s~ippression system if it were new construction
they were woii<iu~ with. Alsop re~~orted that they did a si~Tiilar small
addition in the City of Bioomin~ton, and they were exempted fro~n
Section 1306 by inst111in~ a higher tire-rated wall between the new
addition and the existing structure.
Alsop re~aorted that the cosr of sprinl:ling the entire buildin~ is
lpproxim2tely $75,000 and will require iustallation oPa tlry system that is
gulranteed f'or down to 30 below zero. Alsop reported thlt the Church
wo~ild lil<e addieional space, but~ cannot justify the addition due to the
2dded cosC of the sprini<ler sysCem. Alsop reported that he is asl<in~ tlie
City to help them so they can meeC their desires. Alsop asl<ed if it was
12
MINUT~S
CITY CODNCIL
JUNE 25, 1997
{~ossible to change Che (~ue ratin~ on the walis adjoining t~he lddition, add
smol<e ~11rms, eta nlsop pointed out that in additiou to the cost, ~
sprinlder system woultl be very ~insi~htly given the existin~ ceilin~s.
Fahey asl<ed if Yhe situation were all or none and if there was another way
to address it. F~hey ~sl<ed if there were alternative building codes that
could be ldopted. F1hey felt Section 130G appeared to be overreaching
for small additions, and asl<ed if there was a way the CiYy could use some
discretion in these situations. Fahey s~ig~ested the matter be tabled for
two weel<s peridii~g <t report from the Building Offcial. Fahey ii~dicated i
seems the aPPects o1'Secfion 1306 are overreaching in this c1se, 1nd asl<ed
if tlle City was allowed any discretion for smail addiYions.
'I'he City Admiilistrator indicated th~t he can have the Building Official
report furtlier on this matter. However, he did not believe there were ai~y
options iu lddition to what has already been identifietl relative to Section
1306.
l~ahey st~ted tl~~t he would lil;e to challenge the 13uiltling Ofticial to find
an option. Morelan suggested perhaps t~he City couid write iCS own Code
and allow for small additions wifhout the need for installltion of a fire
suppression systein. Scalze suggested the City lool: at~ I~ow the City of
Bioomin;ton addressed fhe situation.
Mr. F~t~ey introduced the following resolution and moved its ado~tion:
RE,SOl,UTLON NO. 97-6-I57 - Til/3L/NG ACTlON ON TKE
RGQLI~:ST OF THG CHURG'EI OF JESU.S CF/121.ST OF TflE
I,ATTER-D~1 YSF17N7:S 1~OR REPC~17 OFSTA%Ys STATUTE
SG'CTLON 1306 FOR T6V0 W£sE.'ICS AND /ZG~UGS%YNCi %'HE
13UII,DLNG OF'F/CIFI L/ZIPOKT ON OPTlON.S FOIZ ~I DDRESS/NG
TFIE CITI"S 013J~C77VL3.S lN fl D/FFERfi'NT WAY, TFlA7' 4S,
AI,TCI2NATIVE 13U11_DING COUf:.S, lTG:
The fore~oi~~g resolution w~s duly seconded by LaV~lle.
Ayes (5) Pahey, LaValie, Scalze, Pedersen, Morelan.
Nays (0). Resolution ~ieciared adopted.
RECESS At this point in the mee4in~, 5:50 P.M., the Council took a short recess.
The meetin~ was reconvened aC 9:00 P.M.
13
MINUT~S
CiTY COUNCIL
JUNE 2.5, 1997
GOOSE Tl~e CiTy AdminishaCor reviewed his recomrnendation to conCract with
CONTROL the DNR for goose control round up at a cost of $500 per year for the next
two years. This reconunendation is a result of'calls thlt hlve been
received regarding the proliferation ofthe goose pop~dation and associated
nuisances. The Administrator repoirted that I~e has commitments from St
Jucie Medical as well as Grand I're' to particip~te in the cost of this effort.
The Atlministr~tor indic~ced that he would contact other businesses in the
City to soliciC tiheir plrticipation.
Mr. Morelan introd~~ced the following resolution and inoved its adoption:
R~SOI.UTION N0. 97-6-152 -AUTHORIZING 1 HL' DNR TO
CONDUCT GOOSE CON%RO% ROUND-UP.S /N 7'HE CLTY DURING
'lFlE YEAR 1 J97 AND 1998 ~1 %' il COST OF DP TO $Sl/0 PEIt Y~Ati
AS RECOMNIENDlD BY THE CITI'ADNI/NI.ST/ZATOIZ
The foregoii~g resolution was d~ily secondecl by Sc~lze.
Ayes (5) Morelln, Scalze, Pedersen, LaValle, Pahey.
1V1ys (0). Resolution dedared adopted.
CONSENT Mr. LaValle inCroduced the followin~ resolufion 1nc1 moved iCS adoption:
AGENDA
RESOl.U%YUNNO. 97-6-LS3-APPKUV/NG %Y/t CON.SENT
AGENDfI WI//CH CON'['A[N.S THG f'Y)I.LUW/NCr /TEM.4:
~CAI,LCNG A PUBLIC /16'A127NG FOK WEDNE.S'DAY, ./ULY 9, 7997
7'0 CONSIDER !/!G U~ICATION OF ROAD RIGHT-OI"-WAYAS
RE~(I~'STED 13YS%: JUDG IYIED/CA/.;
*APYROVING I.OC'AI. PERh'ORMANCG AID CER77I~ICATIONAS
[ZECOMMGNDGD /3Y %'HE C/TPADNIINf.STRATOR;
*APPItOVINGA TENIPURARYLIQUOR /.ICEN.SG f'OR CANADI~IN
DAY.S` COMb1[7'l'GE FOR AUGUST 8, l, l 0, 19I7 AT SPOON~R
PA/Z/C
The foregoing resolution was d~ily seconded by Pedersen.
Ayes (5) LaValle, Pedersen, Nlorelan, I~ahey, Scalze.
Nays (0). Resolution declared adopted.
COMMISSION The City Attorney submitted for Council ~pproval two ordinances
ATTENDANCG which establish attendence req~iirements i'or members of the Planning
ORDINANC~S Commiss'ion and the Parl<s & Recreation Commission. lt w~s noCed these
l4
MINUTGS
CITY COUNCIL
JUN~ 25, 1997
ordinances contain a provision mal<ing them retroactive to Januaiy l,
1997. 1'he ordinances provide that upon three consecutive absences or
iour meeting lbsences per calendar year, t~he position will be deemed a
vacancy. 7'lie ACtorney reported Chat tlie ordinances do not provide a
distinction f'or metlic~l absences.
Morelan suggestetl th~t rather Ch~n a long list~ of excused absences, the
ordin~nce s1~ould be left as dr~t~ted and the Co~mcil can reappoint members
if their ~bsences were due to Iegitimate reasoi~s.
P'ahey indicated he preterred the person reapply and the Council could
rea}~~oint if it felt fhe absences were for ;ood cause.
Coimcil discussed the re~ppointn~ient process, and it was their consensus
that those members removed firom Commissions wo~ild have ai~
o~~~ortunity to re~pply. Ifl~ot reap~ointed, then the vacancy would be
atlvertised.
Morelln pointed out that the Commissions are important administrltive
bodies to ti~e Council which provide important rECOmmendltio~~s.
Tl~erefore, it is iinperative that members have good ~ttendance at
meetings.
The Council discussed the de1'inition ol"`meeCing" and instructed die City
Attorney to rephrlse the detinition to mal<e it clev~ that regul<u~, special,
and worl<shop meetings are incl~ided.
Mr. LaValle introduced the (ollowing ordinance antl moved its adoption:
OI2DLNANCG N0. 4i 7- AN OKD/NANCG AIYIEND/NC SGCTION
202. 030 OF THE NIUN/CIPAL CODE U/~ T//G C/TY OF L/TTl.E
CANADfI, RGI AT/NG TU VACANC/C,S DURING l'FIE %'E2M OF
OFFlCE 0%A NIEfl~IBLsR U! fHt' PLANNING COtY/NIISS/ON
The foregoing ordinance was duly secontled by Peclersen.
Ayes (5) LaV2lle, Pedersen, Sc11ze, Pahey, Morelan.
Nays (0)_ Ordinance tlecl~red ~tlopted.
Mr. LaValle int~roduced t~he Poliowing ordinance ~nd moved its ~tlo~tion:
ORDINANCB' NO. 4.i8 - AN O/tUINANCE AMENDlN(i .SECTION
25l11.I1d0 OF %'F/1s MUNIC/P~1 L COD6 OF TK8 C/7'Y OF /./TTI.E
CANADA, IZELATING TO vACANCIG.S ON THG P~IIlIC.S AND
RECREA%70N COD4NlIS.S70N
IS
MINUTLS
CITY COUNCIL
JiJN~ 25, 1)97
The foregoin~ ordinance was duly seconded by Pedersen.
Ayes (5) LaValle, Pedersen, Scalze, Fahey, Moreiln.
Nays (0). Ordinance declared adopeed.
OLD FIRE The Administrative Assistant reviewed her re~ort dated June '18, 1997
HALL rellting to alcohol use issues at fhe Old Pire I-Iall.
Morelan felt ii'tl~e City is going to allow alcohol use at the Old Tire Hall,
liquor liability ins~u~ance should be required. Morelln noted tl~1t the cost
is relsonable for someone to obtain a liquor liability insurance rider on
their homeowners ins~uance providing Yhat covera~e.
It was t~he consensus of the Co~incii Co 211ow alcohoi usage at the Old Fire
I-lall provided that liquor littbility insurance coverage is provided by the
renter of the [-[~II.
Cou~~cil discussed interpretat~ion of the ins~n~lnce riders that might be
submitted by various insurance companies. '1'he City Adininistrator
su~gested the first few riders co~ild be reviewed by the City's insurance
agent and/or City Attorney. After CiCy stafl'bec~me more Pamiliar with
the riders, fhey would have the ability to do the review.
`I'he Co~mcil discussed ~vhether there should be one rental fee for the Old
Fire Hall if 1lcohoi is being ~ised and anoCher if there is no alcohol usage.
lt was the consensus oP tl~e Council thaC given the usage of the Old Fire
H1ll tts a pilot pro~;rlm, Cl~e fee should be consistent at this time. Rental
details would be revisited at such time as ti~e Councii decides to make the
use a permanent one.
Scaize asi<ed about the sCaterr~ent on the rent~l ap~~lication asl<in~ if tickets
would be sold. L~Valle pointed out that events For which ticl<ets are sold
would promote I<e~gers. LaValle indiclted that he o~~~~osed 111owing Iceg
beer at the Old Fire Hall. lt was the consensus of t~he Council th~t rental
usage oCthe Old Pire Hall would not be allowed for events requirin~ the
sale of'ticl<ets. lt was further noted th~it under the "Old Fire I-Iall Use
Policy" certlin City-based organizations are allowed to use the facility for
fund-raisin~ events.
Scalze s~ig~ested the Rental Rules and Regui~itions include a stltement
that the damage deposit is refundable only if ali the rules are Pollowed and
aRer 1n inspection is completed.
I6
MINUT~S
CITY COUNCIL
JUN~ 25, 1)97
Morelan sug~esCed since the City-owned par(<in~ lot 1t the corner of Little
Canacla Road and MeMenemy Ro~ttl will be used for ~arlcing, the parl<ing
lot 1nd its s~aces be delineated.
Pedersen sug~ested the parl<in~ lot be used as is fior the pilot program. If
there are any problems, fhe siruaCion c~n be eva(~iated at th~t time.
Faliey suggesCed that the pilot progr<lm extend throu~h J~nuary of ]998.
Scalze aglii~ questioneci the s~le of ticl<ets for an event held by a renter of
the Old Fire FIaIL The City Administrlt~or reported tl~at the Rental Rules
and Regulations will be modi'tied to include 1 ~~rovision that prohibiCs
events requirin~ [I~e sale of ticl<ets. Again, approved, City-based
org~nizations will be exempt'ed 1'rom this provision.
The Council discussed the provision in t~he Rental Rules and Regulations
prohibitii~~ grmbling. The City Attorney su~~ested th~tt the provision
probably re(~ers to legal g~mblin~, i.e., t~he sale o1'pull-tabs_ `Che Attorney
also indiclted th1Y St~te Law says socil( activities relative to cards are not
considered ~amblin~.
The Council's consensus was it did not wish to prohibit an or~lnization
from haviug Yhe lbility to sell pull-Cabs at an event ~t the Old Fire Hall as
long as s~~ch organization was le~ally ~Ilowed to do so.
Mr. Morelan introduced the f'ollowing resolution and moved its ldoption:
RESO/ UT/ON NO. J7-G-l 59 - fI PPROVING TFlE IZENT,91. Lt UI,E'.S
~1ND RGGUI,AT/ON.S FOIZ TH~ OLD /~IRE F/ALI, WITH THE
MOD/!'/CA%70N.S DLSCUSSED TFII,S GVEN/NC
The foregoing resolution was duly seconded by F1hey.
Ayes (4) Morelai~, Fahey, Scalze, Pedersen.
Nays (I) LaValle. Resolution declared ldopted.
SEW~R Mr. LaV11Ie introduced t'he following resolution and moved its adoptiot~:
BILLING
AGI2~~M~N1' RG'SOIUTIONN0.97-G-1.i5-A/'PROVINGT/~IESANITAKY
WITH TH~ SEWER /3/LI.ING AGREGIYI[3NT W/%'H THE CITY OF
CITY OP MAPI,EWOOU AS RECOIYINIFNUL*'D BY THE' PUKl,TC WORK.S
MAPL~WOOD DIRECT02
The fore~oing resolution w~s d~ily seconded by Morelan,
Ayes (5) LaValle, Nlorel~n, Scalze, Pedersen, Pahey.
Nays (0). Resolution tleclared adopted.
17
MINUTGS
CITY COUNCIL
JUNE 25, 1997
cALL roa
AUDIT
WORKSFIOP
APPROVAL
OT WAGON
VENDORS
LIC~NS~ -
BIG B~LL
ICE CI2GAM
The City Administrator reported Chat given Che different technologies used
for billing of utiiities, iC was most cost-effective for Little Canada to bill
those Ma~~lewood ~ro~~erties connectetl to our utilities.
Morelan asl<ed about the study Chat Public Worl<s w~s doing relative to
property owners reading Cheir own water meCers 1nd repo~rtin~ the results
via a post card.
The City Administraror re~~lied Chat tl~e study should be completed shortly.
However, early indications are that s~ich a pr~gram will not be felsible,
anci a betCer sol~ition would be to have part-time worl<ers retiding water
meters. This is currently being done wifh The exce~~Cion thaC large
commercill ~ccotints ~re handled by ('ull-Yime sta'f1'.
Mr. rahey introd~iced the Poliowing resoluCion ~nd moved its 1do}~tio~~:
RESOL UTION N0. 97-6- ] 56 - CALI.LNG A COUNCII_ WORKSHOP
MEETING FOR WEDNL'SDf~Y, fl UGU.S'T l3, I))7A7' 6:30 P.M. FOR
PURPOSES O!' l~ECEI UING TflE 7996 A UD/T RGPORT.S'
The foregoing resolution was d~ily seconded by Scalze.
Ayes (5) Fahey, Scalre, Morel<~n, L,~Vaile, Pedersen.
Nays (0). Reso(ution declared ~dopted.
Mrs. Scalze introduced the foilowing resolution <tind inoved its ldoption:
RGSOI,UTICINNO. 97-G-157-APPROU/NGA WAGON vENDORS
I,lCGNSI FOR B/C; BILL !CE C/lBAfl~~IS REQUESTED
The fore~oin~ resol~~tion was duly seconded by Morelan.
Ayes (5) Sc~lze, Morelan, I~ahey, 1.aV~lle, Pedersen.
N1ys (0). Resolution tleclaretl adoptetl.
PHAL~N Scalze reported thlt Chere is a meetin~ ofthc Phalen Natural Resow~ces
NATURAL Bo1rd scheduled for tomorrow evening. `Che Board will be visiting the
R~SOURC~S Lal<e Gervais shoreline restor~llion site as well ~s Gervais Mill Pond.
BOARD
iV[~~TING
ADJOURN Mr. LaValle introtlucetl the Pollowing resolution <u~d movetl its adoption
I~
MINUT~S
CITY COUNCIL
JUN~ 25, 1997
RESOI UTIONNO. 97-6-I58-i1D,/OUI2MNG
The foregoiug resolution was tluly seconded by Morelln.
Ayes (5) LaValle, Morelan, Scalze, Pedersen, rahey.
Nays(0). Resolution tleclared adopted.
There bein~ no fiu cher business, the n~eeting was adjoun~ed at 9:50 P.M.
Micliael~l. F~ahey,
Attesr.
City G~dministrator
19