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HomeMy WebLinkAbout05-23-2012 Council MinutesMINUTES OF THE REGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA MAY 23, 2012 Pursuant to due call and notice thereof a regular meeting of the City Council of Little Canada, Minnesota was convened on the 23rd day of May, 2012 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Mayor William Blesener called the meeting to order at 7:30 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 Council Member Mr. Rick Montour ALSO PRESENT: City Administrator Mr. Joel Hanson City Planner Mr. Steve Grittman Public Works Supt. Mr. Bill Dircks Cable TV Producer Mr. Kevin Helander City Clerk Ms. Kathy Glanzer MINUTES Mr. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -85 — APPROVING THE MINUTES OF THE MAY 7, 2012 REGULAR COUNCIL MEETING AND THE MAY 9, 2012 CONTINUED COUNCIL MEETING AS SUBMITTED The foregoing resolution was duly seconded by Boss. Ayes (5). Nays (0). Resolution adopted. CUP — Mayor Blesener opened the public hearing to consider the request of 427 VIKING John O'Brien for a Conditional Use Permit for a second garage with total DRIVE — garage space of approximately 1,350 square feet for property located at O'BRIEN 427 Viking Drive. The City Planner and the Planning Commission have recommended approval subject to conditions. The City Planner reported that the applicant is requesting to construct a detached garage on his property. The combination of the existing attached garage and the proposed garage results in just over 1,300 square feet of garage space. The Planner noted that at the Planning Commission MINUTES CITY COUNCIL MAY 23, 2012 meeting, the issue of the existing lean -to on the property was discussed. That space would also count toward the total garage space, which brings the total to over the 1,500 square foot maximum. The Planning Commission recommended that either the entire or part of the lean -to be removed so that total garage space on the property does not exceed 1,500 square feet. The Planner reviewed other recommendations for approval which include that garage height not exceed 15 feet (measured to the mid- point of the roof), and that the home eventually be resided to match the new garage. The Planner noted that a driveway is not required to be constructed to the proposed garage, and indicated that the existing driveways on the property should be documented on the site plan. John O'Brien, 427 Viking Drive, reported that he has redrawn his garage plans to meet the 15 foot height maximum. O'Brien also indicated that the lean -to serves no purpose and he is willing to remove it. O'Brien noted the two existing blacktop driveways on his property, which are now noted on the site plan. He also reported that the previous owner had a great deal of Class V spread on the property, and his intention is to remove that Class V in order to return that area to grass. The City Administrator reported that if a driveway is added to access the proposed garage, that driveway would have to be paved, and a driveway permit would be needed. O'Brien stated that he did not intend to construct a driveway to the new garage; he would retain the two existing paved driveways and would clean up the Class V. Blesener asked about the setback for the proposed garage. O'Brien noted that after more consideration, he would have a 40 foot setback for the new garage from the back property line. Blesener asked about O'Brien's plans for residing the existing house. O'Brien indicated that he would reside the house to match the new garage. McGraw noted that the Planning Commission recommended that the house be resided by the end of 2014. O'Brien indicated that he could meet that deadline. Montour asked about the potential future subdivision of the property which would result in the proposed garage being on a separate parcel. Montour asked if a new CUP would be required at the new a house was constructed on the new lot. The City Planner indicated that the proposed garage is 1,020 square feet in size, and a new house would likely have an attached garage, leaving 480 square feet available for the attached garage. The Planner indicated that a new CUP would be required. There was no one else present from the general public wishing to comment on this matter. 2 MINUTES CITY COUNCIL MAY 23, 2012 Upon motion by Boss, seconded by McGraw, the public hearing was closed. McGraw introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -86 — APPROVING A CONDITIONAL USE PERMIT FOR A SECOND GARAGE WITH TOTAL GARAGE SPACE AT APPROXIMATELY 1,350 SQUARE FEET FOR JOHN O'BRIEN, 427 VIKING DRIVE, SUBJECT TO COMPLIANCE WITH THE RECOMMENDATIONS OF THE CITY PLANNER AS OUTLINED IN HIS MAY 4, 2012 REPORT, SUBJECT TO REMOVAL OF THE LEAN -TO FROM THE PROPERTY WITHIN 30 DAYS OF COMPLETION OF CONSTRUCTION OF THE NEW GARAGE, AND SUBJECT TO THE RESIDING OF THE HOUSE TO MATCH THE NEW GARAGE BY DECEMBER 31, 2014 The foregoing resolution was duly seconded by Keis. Ayes (5). Nays (0). Resolution declared adopted. Mr. O'Brien was informed that his next step would be to pull a building for the new garage and work with the Building Official on the construction details to ensure that the height limitation for the garage is met. PUD — Blesener opened the public hearing to consider a Planned Unit 2905 Development (PUD) Permit for a Comprehensive Sign Plan made by COUNTRY Pioneer Endicott for the property located at 2905 Country Drive. The City DRIVE — Planner and the Planning Commission have recommended approval PIONEER subject to conditions. ENDICOTT The City Planner noted that the applicant requested a Comprehensive Sign Plan for the entire building, but did not submit a plan showing all the sign locations on the building. The plan submitted only showed the locations of the existing Dynamic Connections sign and the proposed Temo Sunrooms sign. The Planner did not recommend approval of the Comprehensive Sign Plan without a more detailed plan. He indicated that an alternative would be to approve a Comprehensive Sign Plan including the Dynamic Connections and proposed Temo Sunrooms signage. Any future signage would then have to go through the approval process. The City Clerk noted that it is her understanding that the property was just sold. As a result, Pioneer Endicott, the owner of the property at the time this application was made, did not follow up on the Planner's recommendation to submit a more complete signage plan. 3 MINUTES CITY COUNCIL MAY 23, 2012 McGraw asked if one of the purposes of requiring a Comprehensive Sign Plan was to ensure that signs were of similar color. The City Planner replied that similar color and some coordination in design was an element of a Comprehensive Sign Plan. He noted that the proposed Temo sign is consistent with the Dynamic Connections sign. The City Administrator noted that Pioneer Endicott signed off on the application for the PUD for Comprehensive Sign Plan and was advised of the comprehensive approach that was preferred for building signage. The Administrator felt that in the absence of more detailed information, moving forward with the Temo signage made sense. Keis asked if the property sale has been finalized. City staff was not sure if the sale had yet closed. Keis noted that the fence at the back of the property is in a state of disrepair. The Administrator reported that this would be addressed from a code enforcement standpoint. Montour asked about the directional signage on the property. The City Planner noted that the Code allows for a certain amount of directional signage outside of the square footage limitations. Montour was concerned about approving signage for a tenant of a building. The Planner noted that the building owner is the applicant in this matter. McGraw asked if the new building owner was aware that the application was made. The Planner noted that the new owner was informed of this issue at the time the PUD Permit for adult day care was approved for the Hmong Senior Center. Montour noted the signage above the Temo Sunroom doorway indicating showroom entrance. The Planner replied that that was directional signage and not counted in the signage square footage allowance. There was no one present wishing to comment on this matter. Upon motion by Blesener, seconded by Montour, the public hearing was closed. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -87 — APPROVING A COMPREHENSIVE SIGN PLAN FOR 2905 COUNTRY DRIVE WHICH INCLUDES THE EXISTING SIGNAGE FOR DYNAMIC CONNECTIONS AND PROPOSED SIGNAGE FOR TEMO SUNROOMS ONLY SUBJECT TO COMPLIANCE WITH RECOMMENDATIONS #1, #3, AND #4 AS OUTLINED IN THE CITY PLANNER'S REPORT DATED MAY 4, 2012 AND SUBJECT TO THE PLACEMENT OF THE TEMO SUNROOM SIGN AS SHOWN ON THE DIAGRAM SUBMITTED BY 4 MINUTES CITY COUNCIL MAY 23, 2012 THE APPLICANT AND DEPICTED ON PAGE 6 OF THE COUNCIL AGENDA The foregoing resolution was duly seconded by McGraw. Ayes (5). Nays (0). Resolution declared adopted. CUP — Blesener opened the public hearing to consider the application of Terrace 2442 RICE Heights Mobile Home Park for a Conditional Use Permit to allow STREET — construction of two storage buildings at 2442 Rice Street. The City TERRACE Planner and the Planning Commission have recommended approval HEIGHTS subject to conditions. MOBILE HOME PARK The City Planner reported that Terrace Heights is proposing to construct two storage buildings along the south portion of the park. Bach building would accommodate five garage bays for park resident storage. The buildings are proposed to be 24 feet deep by 60 feet long totaling 1,440 square feet each. The Planner noted that upon staff review after the Planning Commission meeting, it was discovered that the garage to be located closest to Rice Street was proposed to be placed right up to the property line. The Planner noted that the setback requirement from Rice Street is 40 feet. The City Planner reported that the code allows for the construction of storage buildings for non - conforming mobile home parks by Conditional Use Permits provided that a number of conditions are met which include: o the storage building is an accessory use; o available only to residents of the park; o the building is constructed of materials consistent with residential construction and architecture; o the building must be remodeled to be consistent with the underlying zoning if the mobile home park use is discontinued; o the building does not occupy land required for parking or other uses; o the addition of the storage building does not result in an increase in the number of units in the park; and o the Council has the ability to require upgraded building materials at its discretion if a metal -sided building is proposed. In addition to these requirements, the Planner noted that staff and the Planning Commission are recommending the addition of hardy board siding to the west side of the building abutting Rice Street as well as the addition of two ornamental trees for screening from Rice Street. The 5 MINUTES CITY COUNCIL MAY 23, 2012 Planner indicated that even if the building is moved further east to meet setback requirements, extensive landscaping would be recommended on the west side of this building. Randy Graczyk, Terrace Heights Mobile Home Park, reported that he was just made aware of the setback requirements, noting that he thought a 30 foot setback was required, and that the 30 feet indicated on the diagram submitted was the setback line and not the property line. Graczyk noted the land swap that occurred between the Park and the City, and indicated it was his understanding that the Park would be allowed six lot spaces in the southwest area of the park. Graczyk noted that the setback requirements results in 80 feet of unusable property. The City Administrator reviewed the Code noting that a 40 foot setback would be required from Rice Street, and 20 feet of City land exists between Park Street and Terrace Heights. If Park Street is vacated as indicated in past discussions, the setback would be zero feet. Graczyk suggested that additional right -of -way be vacated from Rice Street as well. The City Administrator suggested that this matter be tabled until the next meeting in order for staff to meet with the property owner on site and review the various options. Graczyk indicated that he was agreeable to tabling action at this time. He noted that if the required setbacks are adhered to, he would only have 5 lots rather than 6. The City Administrator indicated that the intent was to keep 6 lots. He suggested again that he and the City Engineer meet with the property owner to review all the options. The Administrator suggested that rather than table this matter until the first meeting in June, a special meeting be called for Wednesday, May 30th, at 5 p.m. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -88 — CALLING A SPECIAL MEETING FOR WEDNESDAY, MAY 30, 2012 AT 5:00 P.M. TO CONSIDER THE TERRACE HEIGHTS MOBILE HOME PARK APPLICATION FOR A CONDITIONAL USE PERMIT FOR TWO STORAGE BUILDINGS The foregoing resolution was duly seconded by McGraw. Ayes (5). Nays (0). Resolution declared adopted. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -89 — CONTINUING THE PUBLIC HEARING ON THE TERRACE HEIGHTS MOBILE HOME PARK 6 MINUTES CITY COUNCIL MAY 23, 2012 CONSENT AGENDA APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF TWO STORAGE BUILDINGS ON PROPERTY AT 2442 RICE STREET TO THE MAY 30, 2012 SPECIAL MEETING AT 5:00 P.M. The foregoing resolution was duly seconded by Boss. Ayes (5). Nays (0). Resolution declared adopted. Mr. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -90 — APPROVING THE CONSENT AGENDA WHICH CONTAINS THE FOLLOWING: *APPROVAL OF THE VOUCHERS; *APPROVAL OF PAY REQUEST TO INFRATECH FOR INTERCEPTOR JOINT REPAIRS PROJECT; *APPROVAL OF PAY REQUEST TO HOFFMANMCNAMARA FOR COUNTY ROAD B -2 LANDSCAPING PROJECT; *APPROVAL OF GENE'S DISPOSAL HOLIDAY SCHEDULE; *APPROVAL OF THE RENEWAL OF LIQUOR LICENSES AND GENERAL TOBACCO LICENSES AS RECOMMENDED BY CITY STAFF The foregoing resolution was duly seconded by McGraw. Ayes (5). Nays (0). Resolution declared adopted. TIERNEY'S The City Clerk reported that the owner of Tierney's Liquors is selling LIQUOR & his business to a family member. The new owner has made application TOBACCO for an Off -Sale Liquor License and a General Tobacco License, and would LICENSES like to take over the business effective June 1, 2012. The City Clerk reported that the Sheriff's Department Background check is satisfactory. The Certificate of Liquor Liability insurance is pending. It was noted that an incorrect liquor license form was used, and the Clerk indicated that she would have the applicant submit the correct form. The City Clerk recommended approval of the license transfers effective June 1, 2012 subject to receipt of satisfactory I.,iquor Liability Insurance, and also recommended the subsequent renewal of the licenses for the term July 1, 2012 through June 30, 2013. 7 MINUTES CITY COUNCIL MAY 23, 2012 Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -91— APPROVING AN OFF -SALE LIQUOR LICENSE AND A GENERAL TOBACCO LICENSE FOR THONG THENG VANG DBA TIERNEY'S LIQUORS EFFECTIVE JUNE 1, 2012 AND SUBSEQUENT RENEWAL OF THESE LICENSES FOR THE LICENSE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2013 SUBJECT TO RECEIPT OF SATISFACTORY LIQUOR LIABILITY INSURANCE The foregoing resolution was duly seconded by Boss. Ayes (5). Nays (0). Resolution declared adopted. Montour noted that a plow truck has been parked on the Tierney's property. The Administrator indicated that this would be addressed from a code enforcement standpoint. TOBACCO The City Administrator reported that Little Canada Smoke & Specialties STORE and The Hookah Hideout have made application for the renewal of their LICENSES Tobacco Store Licenses for the license period July 1, 2012 through June 30, 2013. The Administrator reported that one of the requirements of a Tobacco Store License is that the owner must provide sufficient financial information to show compliance with the requirement that 90% of gross revenue is derived from the sale of tobacco and tobacco- related devices. The Administrator reported that he has two boxes of financial records from the tobacco stores, but is not sure that the information provided will provide the documentation needed. The Administrator recommended approval of the Tobacco Store Licenses subject to submission of the appropriate documentation. The Administrator indicated that he would work with the store owners to get the information needed. The current licenses run through June 30, 2012. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -92 — APPROVING THE TOBACCO STORE LICENSES FOR LITTLE CANADA SMOKE & SPECIALTIES AND THE HOOKAH HIDEOUT FOR THE LICENSE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2013 SUBJECT TO THE RECEIPT OF THE APPROPRIATE FINANCIAL DOCUMENTATION TO SHOW COMPLIANCE WITH THE ORDINANCE AS DETERMINED BY THE CITY ADMINISTRATOR 8 MINUTES CITY COUNCIL MAY 23, 2012 The foregoing resolution was duly seconded by McGraw. Ayes (5). Nays (0). Resolution declared adopted. TEMPORARY The City Administrator reported that the Little Canada Recreation LIQUOR Association (LCRA) has made application for Temporary Liquor LICENSES - Licenses in conjunction with their Canadian Days Tournament, Kickball LCRA Tournament, and Halloween Dance. The Administrator reported that he and the Mayor and Council Member Keis met with representatives of LCRA to review their liquor rules utilized for the Canadian Days Tournament, and as a result of that meeting, LCRA is reducing the maximum number of drinks that can be served to an individual to four. This is the same maximum that the Canadian Days Committee utilizes for their beer garden. The Administrator commended LCRA for their continued diligence to ensure a safe and enjoyable Canadian Days. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -93 — APPROVING THE FOLLOWING TEMPORARY LIQUOR LICENSES FOR THE LITTLE CANADA RECREATION ASSOCIATION CONTINGENT UPON THE ENFORCEMENT OF THE REVISED LIQUOR RULES SUBMITTED DURING THE CANADIAN DAYS TOURNAMENT: CANADIAN DAYS TOURNAMENT — AUGUST 2 -5, 2012 KICKBALL TOURNAMENT — SEPTEMBER 15, 2012 HALLOWEEN DANCE — OCTOBER 26, 2012 The foregoing resolution was duly seconded by Boss. Ayes (5). Nays (0). Resolution declared adopted. DISTRICT The City Administrator reported that in 2003 the City provided Tax COUNCIL 82- Increment Financing assistance to International Union of Painters and PILOT Allied Trades Council 82 Building Corporation to assist in the AGREEMENT development of building on the former Knox property. A portion of the building is used for apprenticeship training programs. Due to a law change in 2008, that portion of the building now qualifies for tax exempt status. This would result in a 75% anticipated reduction in property value, which will likely reduce their property tax burden by almost $140,000 (based on 2012 numbers). The Administrator reported that the only thing preventing them from applying for tax exempt status on the training portion of the building is their remaining TIF obligation to the City in the amount of $47,397.20 ($105,390.38 less a security deposit balance of 9 MINUTES CITY COUNCIL MAY 23, 2012 $57,993.18). The Administrator reported that District Council 82 made that payment today as allowed by the Development Agreement. The Administrator reported that he has discussed the tax - exempt status issue with District Council 82 and informed them that the City would not have provided the TIF assistance if tax exempt status had been possible. He also pointed out to them that the resulting reduction in property taxes raises concern about the impact on the City's ability to provide services. The Administrator reported that District Council #82 has agreed to keep the City essentially whole and have signed a Payment In Lieu Of Taxes (PILOT) Agreement in which they agree to pay the City $10,000 per year for the next 10 years starting in 2013. The Administrator noted that District Council 82 was under no legal obligation to do so. He also reported that the initial request from the City was for $11,500 per year, but noted that taking into consideration the taxes they will still pay and factoring out fiscal disparities, the $10,000 keeps the City reasonably whole. He did note, however, that the $10,000 is frozen for the 10 year period. The Administrator reviewed the PILOT Agreement noting the changes requested by District Council 82. These include removal of references relative to their initial indication that the building would not go tax exempt, elimination of Exhibit B which shows the calculation for the $11,500 initially proposed by the City and set a comparative process for the renewal of this agreement after the initial 10 -year period, and reducing the PILOT to $10,000. The Administrator reported that the City Attorney has reviewed the revised agreement and found it acceptable. He also noted that District Council 82 has signed the agreement. The City Administrator recommended approval of the agreement as revised. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -94 — APPROVING THE PILOT AGREEMENT WITH DISTRICT COUNCIL 82 AS REVISED AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY The foregoing resolution was duly seconded by Keis. Ayes (5). Nays (0). Resolution declared adopted. WATER The Public Works Superintendent reviewed his report dated May 17, 2012 ORDINANCE relative to an amendment he is proposing to the City's Water Ordinance AMENDMENT which changes property owner's responsibility for the water service pipe "from the water main into the house or building" to the service pipe "from 10 MINUTES CITY COUNCIL MAY 23, 2012 the curb stop box into the house or building ". The Superintendent reported that in most cases the City water main was installed as part of a street project or after a street was already in place. When the water main was installed, water service pipes were run to the right -of -way line of each existing or prospective property and a curb stop installed so the City can shut the water off from the outside of the house. As a separate project, a contractor then ran a service line from the curb stop to the house or business. Typically, the service line from the main to the curb stop is located at least partially in the street. Any repairs to this section of the water service require digging up the street as well as the right -of -way adjacent to the street. There are numerous private utility lines located in this area, and digging can be very difficult and expensive. As a result, City staff feels these types of excavations can be very difficult to perform and the City should handles these cases to ensure the street and potentially concrete curb are restored properly and private utility lines are protected during excavation. The Superintendent reported that one grey area relates to leaks at the curb stop, the question being which side of the curb stop is leaking. Staff is proposing that for leaks at the curb stop, the City hire a contractor to excavate and perform the repair. Regardless of which side the leak is on, the cost would then be split 50/50 between the City and the property owner. The property owner would be informed of this policy and the City would obtain at least two quotes for the work. The property owner would be billed for his /her portion of the work by the City and could pay it in full or have it assessed to property taxes. The City Administrator noted that the changes proposed take more responsibility from property owners shifting it to the City. Montour asked about water main that exists in private streets. The Superintendent reported that the City does have water main in private streets, and also has responsibility for this water main. McGraw introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -95 — AMENDING THE WATER ORDINANCE AS RECOMMENDED BY THE PUBLIC WORKS SUPERINTENDENT IN HIS REPORT DATED MAY 17, 2012 The foregoing resolution was duly seconded by Montour. Ayes (5). Nays (0). Resolution declared adopted. 11 MINUTES CITY COUNCIL MAY 23, 2012 FINANCE The City Administrator reported that the City received applications for DIRECTOR the position of Finance Director, and many were from very qualified CANDIDATES candidates. Seven of those applicants were interviewed today, and the Administrator reported that he will be doing reference - checking on the top three candidates. ADJOURN Boss introduced the following resolution and moved its adoption: RESOLUTION NO. 2012 -5 -96 — ADJOURNING The foregoing resolution was duly seconded by Keis. Ayes (5). Nays (0). Resolution declared adopted. There being no further business, the meeting was adjourned at 8:37 p.m. 4 rlliztiin BleSeener, Mayor -Janson, City Administrator 12