Loading...
HomeMy WebLinkAbout11-09-09 Council Minutes MINUTES OF THE REGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA NOVF,MBER 9, 2009 Pursuant to due call and notice thereof a regular meeting of the City Council of Little Canada, Minnesota was convened on the 9th day of November, 2009 in the Council Chambers of the City Center located at SIS Little Canada Road in said City. Mayor Bill Blesener called the meeting to order at 7:35 p.m. and the following members of the City Council were present at roll call: CITY COUNCIL: Mayor Mr. Bill Blesener Council Member Ms. Shelly Boss Council Member Mr. John Keis Council Member Mr. Mike McGraw ABSENT: Council Member Mr. Rick Montour ALSO PRESENT: City Administrator Mr. Joel R Hanson City Planner Mr. Steve Grittman City Clerk Ms. Kathy Glanzer VETERANS' Mayor Blesener noted that given this Wednesday is Veterans' Day, DAY the regular Council meeting was rescheduled to this evening. MINUTES Ms. Boss introduced the following resolution and moved its adoption: RESOL UTION NO. 2009-.II-265 -APPROVING THE MINUTES OF THE OCTOBER 28, 2009 REGULAR COUNCIL MEETING The foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted. BOND Mayor Blesener announced that as part of a bond sale that will occur RATING later in the meeting to finance the Canabury Square Housing Improvement Area improvements, the City's bond rating was reviewed and was upgraded by two levels to a "AA". Blesener congratulated the City Adminish~ator and Finance Director on this accomplishment, noting that it re~Rects on their good financial management of the City. AMEND Mayor Blesener opened the Public Hearing to consider the application of MINUTES CITY COUNCIL NOVEMBEK 9, 2009 PUD PERMIT, Hom Furniture for an Amendment to Planned Unit Development Permit COMP SIGN for a retail furniture store, Comprehensive Sign Plan, and Architectural PLAN & Review for property located at 3201 Country Drive. ARCHITECTURAL REVIEW - The City Planner reported that the Ilom proposal involves the former 3201 COUNTRY Levitz properly located on Country Drive. In 2007, the City approved DRIVE - PUD zoning for this property. At that time, however, Hom was proposing HOM a different concept that followed their more traditional store model Hom FURNITURE is now modifying that concept to a retail furniture store to be called Dock 86. The Planner noted that his report refers to the concept as a "clearance" center, and Hom is objecting to that reference. Hom has indicated that Dock 86 will be selling new, in the box, furniture just like any other retail furniture store. 1'he Dock 86 retail store will occupy about one-third of the south portion of the building, with the remaining building to be used for warehouse and storage space. Hom is proposing a Future leasing of approximately four retail spaces in the north side of the building. The Planner noted that when the City approved the initial PUD Pem1iT, Hom was proposing a number of other retail uses in the building as potential tenants. The Planner reported that the Planning Commission met earlier this evening to review the Dock 86 proposal, and he began with a detailed review of his November 5°i report recommendations and the Planning Commission's reaction to each. The Planner noted that the word "clearance" should be eliminated from recommendation # 1. Dock 86 will operate as a furniture center/warehouse with retail business during weekend-only business hours and some holidays. The remainder of the week, the warehouse facility would be operating. The Planner noted the Planning Commission's acceptance of this concept. With regard to recommendation #2, the Commission was agreeable to retail being located in the southern one-third of the building, and warehouse in the northern two-thirds of the structure. The Planner reviewed #3 related to seasonal outdoor sales. "I'he Planner stated that the original PUD provided for 30 days of tent sales as well as outdoor seasonal sales of patio furniture with no limitation on these seasonal sales. "the applicant has requested 30 days of tent sales plus 120 days of seasonal outdoor sales, with no limitation on the number of seasonal events/sales. The Planning Commission noted that given the weekend retail hours, this request would allow for seasonal outdoor sales virtually every weekend of the year. Therefore, the Commission questioned the temporary nature of the outdoor seasonal sales. The Planning Commission recommended that seasonal outdoor sales be limited to 20 weekends for a maximum of 65 days total. This would allow for some longer holiday weekend sales events. 2 MINUTES CITY COUNCIL NOVEMBER 9, 2009 With regard to item 3B., The Planner noted that the applicant has identified two outdoor sales a~•eas on the site plan. The Commission was agreeable to the two areas provided that only one is operational at a time. The Planner indicated that the applicant has indicated that these outdoor sales areas are 8,000 square feet in size, one being just north of the building and the other in front of the north door. It was noted that these areas are part of the parking lot and would be used for parking when an outdoor sales event was not occurring. The Planner also pointed out that there may be some securing of merchandise in these areas over the weekends that an outdoor sales event is occurring. The Planner indicated that the Commission was in agreement with recommendation #4. With regard to #5, the Commission was agreeable to four weekend tent sales with tents to be up no longer than a 30 day period in a calendar year. The 30 days includes the total time that a tent is up, whether a tent sale is occurring or not. The Planner indicated that this is outside the 20 weekends allowed for seasonal outdoor sales events. Rod Johansen, President of Hom, indicated that the four tent sales could be included in the 20 outdoor sales events. With regard to #6, the Planner reported that the site has more than enough parking for the retail furniture operation and the warehouse operation. However, if space is leased to an intensive retail business, there could be a parking shortage. Therefore, the recommendation is to show proof of parking for the site. The Planner indicated that if the City is comfortable with the current situation, additional discussions about parking could occur once lease tenants are identified. He noted that the recommendation intents to ensure there is adequate parking on the site to support the occupants of the building. This issue could be addressed in the PUD Agreement. Recommendation #7 deals with architectural review. He noted that the applicant has modif ed the concept from the typical Hom store to the Dock 86 concept. '1 he Planning Commission felt the concept was acceptable in the context of uses in the area. The Planner noted that the additional dock doors would benon-functional and would be added to the north and east sides of the building. Recommendation #9 requires that freestanding, directional signs remain as such, and the applicant has indicated that they would comply with Code. The Planner next reviewed recommendation #10 which lease with various signage issues. The applicant has requested 120 days of temporary signage with no limitation on the number of signage permits. The Planner noted that the Council's 2007 PUD Permit approval required compliance 3 MINUTES CITY COUNCIL NOVEMBER 9, 2009 with the City's temporary sign ordinance. The Planning Commission recommended some modifications to this stance, and the Planner again reviewed those reconunendations. In recommending that seasonal outdoor sales events be limited to 20 weekends with a maximum of 65 days, they also indicated that this criteria would apply to temporary signage as well. The applicant has indicated agreement with this recommendation. The Planner noted that the applicant is requesting 200 square feet of temporary signage versus the 36 square feet allowed by Code. It is the applicant's position that the 36 square feet would be illegible from the freeway given the size of the building fagade. Given the reduction in the number of days that temporary signage would be allowed, the Planning Commission was agreeable to the 200 square foot size. 'fhe Planner noted that the applicant has indicated that temporary signage would be displayed on the north side of the building until tenant space is filled. At that time it would be moved to the east face of the building. Temporary signage would be displayed from Friday morning until Sunday evening, and would coincide with seasonal outdoor display events. With regard to search lights, the Planner noted that the Code allows for 4 temporary sign permits up to 14 days in duration. During those permits search lights are allowed fora 5 days each, or a total of 20 days. The applicant is requesting 20 days of search light use with no specific allocation requirement. The Planner reported that the Planning Commission is recommending 20 days of search light use distributed over 10 weekends (2-day periods), to be operational only during business hours. With regard to recommendation # l OB., the Planner noted that the Planning Commission was agreeable to the existing pylon remaining at its same location, height, and size, allowing the sign cabinet to be changed out to the Dock 86 concept. The same is true of the existing directional signs provided they remain directional signs only. The Planner also noted that #1 OD. should be amended to refer to wall and pylon signage, aid he noted that both permanent and temporary signage would meet the 15% building silhouette maximum. The Planner reviewed recommendations #1 I and #12, indicating that the Commission was in agreement, but noting that Hom has indicated they have no plans to alter the footprintbf the building. Ralph Kloiber, Real Estate Director for Hom, reported to the Council on the fact that their 2007 proposal did not move forward given economic conditions. As a result of improvements to the economy, Hom is now prepared to move forward with the Dock 86 concept. Kloiber explained that concept to the Council, pointing out that the product would be new, 4 MINUTES CITY COUNCIL NOVEMBER 9, 2009 in-the-box, quality furniture. Given Hom's ability to purchase in bulk and pass on savings to the consumer, Hom is confident that the Dock 86 concept will be successful. Kloiber reviewed the weekend retail hours, but noted that the facility will be open 7 days per week and have 50 to 75 employees. Sales will occur on the weekends, with the rest of the week devoted to receiving and stocking product as well as customer pick-ups and deliveries. McGraw asked the hours of operation for the retail portion of the business. Kloiber replied that Fridays would be 9 a.m. to 9 p.m., Saturdays 9 a.m. to 8 p.m. or 9 p.m., and Sundays would be 11 a.m. to 6 p.m. `there would be some retail sales on various holidays. Keis stated that he has not heard of this three day concept. Kloiber reported that it is proving to be popular and successful in other areas of the country. Hom feels that Little Canada will be a good location for Dock 86. Keis asked about quality. Kloiber replied that the merchandise will be high quality. He noted Hom's ability to purchase in bulk and pass on these savings to the consumer. This facility will lend itself to the Doclc 86 concept. Kloiber explained that they may purchase a bulk inventory of sofas, but once gone, they are gone. Their next bulk purchase may be some other type of furniture. Therefore, consumers are likely to be repeat customers. Kloiber likened the concept to Costco where once a piece of merchandise is gone, it is gone. Blesener asked about the other types of businesses that would occupy the lease space. Kloiber reported that approximately 1/3 of the warehouse space may be leased to complimentary businesses. He noted that adjusting the sprinkler system in the warehouse space will allow for higher stacking of merchandise. Thus, leasing 1/3 of the warehouse will not impact Dock 86's storage space. Kloiber again noted that the businesses leased to would be complimentary to the Dock 86 business. McGraw asked about the dock doors that are being added. Kloiber pointed out that they are non-functioning doors. 'There will be approximately 21 non-functioning doors added and the building currently has 14 docks and 3 ground-level doors. There was discussion about the tent sales with Kloiber noting that two tent sale events would be held each year. Each event would encompass two weekends, with the tent being left up between these weekends. The tents are high quality and can be locked and secured. There would also be a camera monitoring system. 5 MINUTES CITY COUNCIL NOVEMBER 9, 2009 Keis asked if the 20 seasonal outdoor sales events would likely occur during the summer months. Kloiber reported that that is correct. Rod Johansen pointed out that the Dock 86 concept is a new one and Hom is trying to gain as much flexibility as it can. Johansen noted that at this point they are not totally sure of what to expect. Blesener asked if the outdoor display area would be fenced. Johansen stated that it would not. He indicated that the items that would be left out overnight would be large and difficult to walk away with. Patio sets may be limited to within tents. Keis noted that the difficulty is not (mowing exactly what to expect and how the seasonal outdoor sales areas will look. Johansen replied that he camiot describe these areas much more than he already has. He noted that Hom is a very professionally run business and asked The Council to have the confidence in them that the Dock 86 business would be the same. Blesener asked if the tents and outdoor display areas would be patrolled at night. Joha~lsen indicated that the tents would be controlled. The statues and large bronzes would be large and heavy, but may be moved in and out each evening. McGraw asked the location of the tents. Kloiber described the two locations in fiont of the east side of the building. It was noted that the locations will be such as to not interfere with traffic patterns in the parking lot. McGraw noted that the tents will be visible from the freeway. Johansen stated that they would and are a means of attracting customers. The tent color will likely be white. McGraw asked if there would be the need for overflow parking. Johansen felt that was unlikely. Blesener pointed out the recent clearance sales that ended up with overflow parking in the loti of the business across the street. Kloiber noted that this was a different event, and. is not expected to occur with the Dock 86 concept. Johanson indicated that Hom has parking studies for its locations, and based on these studies, the parking at this location will be more than adequate. Blesener indicated that he did not care for search lights. McGraw asked when the search lights would be used. Kloiber a~iticipated their use on Fridays from 5 to 8 p.m. and Saturdays fi•om 4:30 p.m. to 7 p.m. Search lights would not be used during the summer months. Boss noted the Planning Commission's recommendation for a total of 20 days of search light use in increments of 10 weekends. Kloiber indicated that this was acceptable to Hom. Johansen indicated that they have not worked out the details of when search lights would be used, but were looking for some flexibility. This would be provided under the Planning Commission recommendation. 6 MINUTES CITY COUNCIL NOVEMBER 9, 2009 McGraw expressed concern that the temporary outdoor sales areas would migrate to permanent. Kloiber stated that they were not interested in that. Keis felt the Dock 86 concept was interesting, and indicated that he was willing to try it provided there was a review in a year. Keis stated that his only remaining issue of concern had to do with temporary signage and the stretch from 36 square feet to 200 square feet. Kloiber noted that this is not a property located on Rice Street where 36 square feet of temporary signage would be feasible. Given the size of the building and the ability for drivers to read the temporary signage will driving on the freeway, Kloiber felt the 200 square feet was warranted. Johansen indicated the 200 square feet was the minimum size that would be feasible. Anything less and they would not even do it. Johanson pointed out the Plaiming Commission's position that the 200 square feet was atrade-off for the reduced amount of time that temporary sales events and temporary signage would be allowed, that is 20 events for a total of 65 days versus the 120 days Hom requested. McGraw asked about signage for the future tenants of the property. Johansen indicated that adequate signage has been allocated for the future tenants of the property. Blesener asked when the temporary signage would be in place. Kloiber replied that it would be used during seasonal outdoor sales events. It would be put up on Friday and taken down on Sundays (Mondays during holiday sales). Kloiber outlined the improvements that Hom is making to the building, including new roof, paint, parking lot overlay, landscaping clean-up. Boss felt the concept was a great one aiid noted the experience that Hom has in operating as a furniture retailer. The Administrator noted that the challenge with this project is trying to identify everything that might happen. The Administrator noted that his concern is less given that Hom will own and operate the property. He felt confident that the City and Hom could work together to resolve any issues that might arise. There was no one else present from the general public wishing to comment on this matter. Upon motion by Keis, seconded by McGraw, the public hearing was closed. 7 MINUTES CITY COUNCIL NOVEMBER 9, 2009 Ms. Boss introduced the following resolution and moved its adoption: RESOLUTION NO. 2009-II-266 - APPROVING ANAMENDMENT TO PLANNED UNIT DEVELOPMENT PERMIT TO OPERATE A RETAIL FURNITURE STOREAT3201 COUNTRYDRIVE PROPOSED BYHOM FURNITURE FOR ITS DOCK 86 CONCEPT SUBJECT TO COMPLIANCE WITH THE RECOMMENDATIONS OF THE CITY PLANNER AS OUTLINED IN HIS REPORT DATED NOVEMBER S, 2009 AS NOTED BELOW.• 1. Eliminate the use of the word "clearance". 2. Recommendation stands as is. 3. A. Seasonal outdoor sales shall not exceed 65 days per calendar year as governed by 20 individual event permits. B. Outdoor sales shall be limited to the two areas identified on the site plan, but only one area can be in use at any given time. C. Recommendation eliminated. I). Recommendation stands as is. 4. Recommendation stands as is. 5. Tent sales to be allowed on four weekends in a calendar year with tents to be up no longer than a total of 30 days, with the notation of two tent locations on the site plan, however, only one tent to be used at a time. 6. Parking issues to be addressed prior to the time tenant leasing occurs. 7. Recommendation stands as is. 8. Location indicated acceptable. Second pylon must comply with Code requirements. 9. 1ecommendation stands as is. 10. A. Search lights to be allowed a maximum of 20 days, as governed by 10 events. Temporary signage allowed up to 200 square feet in size, with display duration as governed by 3A. above. B. Recommendation stands as is. C. Recommendation stands as is. D. Recommendation to refer to both wall signage and pylon signage. 11. Recommendation deleted per comments by Hom and footprint will not be expanded. 12. Recommendation stands as is with the additional requirement that Hom enter into a Development Agreement with the City. The foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted. 8 MINUTES CITY COUNCIL NOVEMBER 9, 2009 Mr. Keis introduced the following resolution and moved its adoption: RESOLUTIONNO. 2009-1I-267-APPROVING THE COMPREHENSIVE SICN PLAN FOR DOCK 86, 3201 COUNTRY DRIVE, SUBJECT TO COMPLIANCE WITHALL APPLICABLE RECOMMENDATIONS ASOUTLINED IN RESOL UTION NO. 2009- II-266 The foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 2009-11-268 - APPROVINGARCHITECTURAL REVIEW FOR DOCK 86, 3201 COUNTRYDRIVE, SUBJECT TO COMPLIANCE WITHALL APPLICABLE RECOMMENDATIONS AS OUTLINED IN RESOLUTION NO. 2009-.I1-266 The foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted. BOND Todd Hagen, Ehlers & Associates, appeared before the Council to report SALE on the results of the sale of $2,220,000 Taxable General Obligation Housing Improvement Area Bonds, Series 2009 A. The purpose of these bonds is to finance the construction of various exterior and common area improvements to the Canabury Square Condominiums in the Canabury Square Housing Improvement Area of the City. Hagen reported that part of the bond sale process included a rating review by Standard & Poor's. The results of that review was the City's improved bond rating to a "AA". Hagen congratulated the Mayor, Council Members, and City staff on this improved rating. He noted that the higher the City's rating the lower its interest costs. The City Administrator reviewed the history of the City's bond rating over the years, which has substantially improved. The Administrator felt that the "AA" rating that the City has just received is likely the highest rating that would be available given the size of the City and other constraints. Hagen agreed and noted that maintaining a "AA" rating would be an accomplishment in itself. The Administrator and Hagen both reviewed the various factors that to into determining a city's bond rating which include its location to the metro economy, the wealth and income indicators of the City and its citizens, the City's maintenance of strong financial reserves, 9 MINUTES CITY COUNCIL NOVEMBER 9, 2009 and its low-to-moderate debt burden coupled with a rapid amortization. The Administrator also noted that the Council's adoption of financial policies also played a strong role in the improved bond rating. Blesener suggested that the bond rating report be placed on the City's web site. Hagen went on to review in detail the five bids that were received this morning for the bonds. The low bidder was Northland Securities at a true interest cost of 4.6893%. "f he high bid was 5.2833% for an interest savings between high and low bid of $124,578.26. Hagen also noted that the bond amount is slightly lower than originally anticipated for two reasons. The first is that the refunding of TIF Bonds was dropped from the issue, with that refunding to be handled by the City as an Interfund Loan. The second was the addition of a County low-interest load to the Canabury Square project in light of Fleur Royale's declining the loan. Therefore, the bond amount was offered at $2,220,000. Blesener asked the cost savings that result fiom the improved bond rating. Hagen estimated a savings of 25 to 50 base points. Hagen noted that when the bond sale was originally contemplated, estimated interest rate was 6.4%. Given the improved market and the higher bond rating, the low bid came in at 4.6893%. The Administrator noted that in some additional costs will have to be built back into the financing for Canabury Square, and anticipated that the of financing their HIA fees may be closer to 5%. However, this is much improved from the 6.4% originally anticipated and 6.9% that was once projected. "I'he Administrator noted that the low interest loan that will also be included from the County is just under $ 100,000. Mr. Blesener introduced the following resolution and moved its adoption: RESOL UTION NO. 2009-11-269 -ACCEPTING THE PROPOSAL ON A COMPETITIVE NEGOTIATED SALE OF $2,220,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT BONDS, SERIES 2009A The foregoing resolution was duly seconded by McUraw. Ayes (4). Nays (0). Resolution declared adopted. CONSENT Mr. Keis introduced the following resolution and moved its adoption: AGENllA RESOLUTIONNO. 2009-II-270 -APPROVING THE CONSENT AGENDA WHICH CONTAINS THE FOLLOWING: *APPROVAL OF THE VOUCHERS; 10 MINUTES CITY COiINCIL NOVEMBER 9, 2009 *CALL FOR A WORKSHOP MEETING FOR DECEMBER I G, 2009 AT 6:30 P.M. TO CONDUCT THE CITYADMINISTRATOR'S PERFORMANCE EVALUATION; *AUTHORIZE CITY STAFF TO ADVERTISE VACANCIES ON THE PARKS & RECREATION COMMISSION AND THE PLANNING COMMISSION; *APPROVING PARTIAL PAYREQUEST TO T.A. SCHIFSKY FOR 2009 MILL & OVERLAYPROJECTS; *APPROVING PARTIAL PAY REQUEST TO T. A. SCHIFSKY FOR 2009 STREET RECONSTRUCTION PROJECTS; *AUTHORIZING CITYSTAFF TO SUBMIT A SCORE GRANT APPLICATION l~he foregoing resolution was duly seconded by McUraw. Ayes (4). Nays (0). Resolution declared adopted. ADMINIS- The City Administrator reviewed his November 6, 2009 report TRATIVE recommending the implementation of administrative fines for traffic CITATIONS offenses as authorized by MN Statutes 169.999. These citations will only apply to speeding of less than 10 miles per hour, stop line violations, and certain equipment violations. The Administrator reported that cities contracting with the Ramsey County Sheriff's Department are ag7•eeable to the implementation of these fines and would like the program to be effective January 1, 2010. The format for this program has been set by State Statute. The Sheriff's Department has agreed to collect the fine revenue and then disburse it back to the City's as a budget credit. 'The Administrator was unsure how much revenue administrative fines would generate, noting that in the budget he estimated $10,000. The Administrator suggested it may be more realistic to cut that amount back to $5,000. He further noted that the Statute states that the revenue must go to reduce law enforcement costs, and that requirement will be satisfied with the Sheriff's Department collecting the revenue and applying budget credits. The Administrator noted that part of the process requires a hearing procedure and the contract group is in the process of identifying possible hearing officers. The Administrator indicated that he would also be placing an article in the newsletter seeking a hearing officer. The I1 MINUTES CITY COUNCIL NOVEMBER 9, 2009 Administrator reported that all the details of the hearing process have yet to be worked out. The contracting cities are still working on these details. The Administrator next reported that not all the contracting jurisdictions are pursing the use of administrative fines for code issues. Each community will need to determine what violations would be subject to administrative citations and what fine amounts are appropriate. The Administrator indicated that this issue will be brought back to the Council for review early next year. Blesener suggested that stop line violations be defined. The Administrator indicated that these violations are defined in State Statute. The Administrator also noted that speed violations of under 10 miles per hour will be the primary focus of this program. Mr. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2009-11-271-AUTHORIZING ADMINISTRATIVE CITATIONS FOR CERTAIN TRAFFIC OFFENSES PURSUANT TO MINNESOTA STATUTE 1 G9.999 "fhe foregoing resolution was duly seconded by McGraw. Ayes (4) Nays (0). Resolution declared adopted. Mr. Keis introduced the following resolution and moved its adoption: RESOL UTION NO. 2009-11-272 - ADOPTING AN ORDINANCE ESTABLISHING PROCEDURES FOR THE ADMINISTRATIVE CITATION OF TRAFFIC OFFENSES IN THE CITY OF LITTLE CANADA AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE ORDINANCE ON BEHALF OF THE CITY The foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted. COUNTY The City Administrator reviewed his report dated November 6, 2009 TOBACCO relative to the Ramsey County Tobacco Coalition's request for City COALITION support of a grant application that would enable enforcement of laws by ENFORCEMENT the Ramsey County Sheriff's Department for underage smoking. iJnder GRANT the program citations would be issued to discourage usage. The Administrator indicated that while he supports discouraging underaged 12 MINUTES CITY COUNCIL NOVEMBER 9, 2009 tobacco usage, his concern was that this would be temporary enforcement that would disappear when grant funds run out. He noted that the Sheriff's Department current does conduct compliance checks to ensure that businesses are not selling tobacco products to underaged individuals. The Council discussed the grant program with the consensus being that this additional enforcement will come at no cost to the City as it will be funded through a grant. Therefore, the Council supported the grant application with the understanding that the City would not support the cost of any additional staff that is hired once the grant fmiding rues out. The Administrator stated that while ahalf--time officer will be used for this program, there will be a shifting of these resources, rather than hiring new personnel. The program may delay the laying off of personnel rather than the hiring of new personnel. Mr. McGraw introduced the following resolution and moved its adoption: RESOL UTION NO. 2009-11-273 - SUPPORTING A GRANT APPLICATION BY THE RAMSEY COUNTY TOBACCO COALITION TO SUPPORT FOR ENFORCEMENT OF LAWS BY THE RAMSEY COUNTY SHERIFF'S DEPARTMENT FOR UNDERAGE SMOKING WITH THE STIPULATION THAT THE CITY OF LITTLE CANADA WILL NOT PROVIDE FUNDING TO SUPPORT STAFFING FOR THIS PROGRAM ONCE GRANT FUNDS ARE DEPLETED The foregoing resolution was duly seconded by Boss. Ayes (4). Nays (0). Resolution declared adopted. QUEBEC The City Administrator reviewed his report relative to the request of Mr. SOUND 'T'ed Zinner for the addition of a sound wall adjacent to his (~uebec WALL Apartment property along Country Drive. The Administrator reviewed the history of this situation wherein as part of municipal consent for the Unweave the Weave project, the City requested MN DOT to deletion of the short segment of wall adjacent to the apartments. At that time, the City felt that while the wall served no real purpose given the small segment proposed, MN DOT would not delete it given environmental justice issues. "the Administrator reported that MN DOT reviewed the City's request, felt that there were no environmental justice issues in play, and eliminated the wall section. Since that time, Mr. Zinner has expressed his displeasure with the elimination of the wall and has been seeking it reinstatement. The Administrator reported that MN DO"~f has indicated that they will not reinstate this wall section. They have indicated, however, that they have a 13 MINUTES CITY COUNCIL NOVEMBER 9, 2009 salvage wall in northern Minnesota that they would install adjacent To the Quebec Apartments provided that the City pay for the shipping and installation. Estimated cost is $25,000. The Administrator reported that his November 6°i report was not sent to Mr. Zinner, therefore, he recommended tabling action on this matter until Mr. Zinner can be present. The Council agreed. However, in reviewing the report asked for additional clarification of the issue of environmental justice, the exact dimension of the Quebec property as well as the wall segment in relation to that property, and the impact on noise levels by having the wall in place. Blesener also asked for more information on MN DOT's initial determination that the Quebec Apartment property met the criteria for installation of a sound wall, and then there change in position that there were no environmental justice issues and their agreement to delete the wall. Blesener asked for additional information on what impacts landscaping could have on the situation in lieu of wall consh•uction. The City Administrator indicated that he would clarify these issues and bring an additional report back to the Council. Mr. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2009-11-274 -TABLING ACTION ON THE QUEBECKAPARTMENTS NOISE WALL TO A DATE TO BE DETERMINED BY THE CITYADMINISTRANTOR GIVEN THE NEED FOR ADDITIONAL INFORMATION 1'he foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted. DEER REPORT 'The City Adminstrator indicated that it is his understanding that four deer were taken in this first day of the Metro Bowhunters Resource Board hunt. McGraw reported that he saw a dead deer on 351J and 694, therefore, the deer are crossing the freeway as had been reported to the Council. ADJOUKN Mr. McGraw introduced the following resolution and moved its adoption: RESOL UTION NO. 2009-II-275 -ADJOURNING The foregoing resolution was duly seconded by Boss. Ayes (4). Nays (0). Resolution declared adopted. 14 MINUTES CITY COUNCIL NOVEMBER 9, 2009 There being no further business, the meeting was adjourned at 9:40 p.m. ~i~'am ever, Nlayor Attest: ~ °,e, ~ ~ _ Joel I arson, City Administrator 15