HomeMy WebLinkAbout04-10-2017 Council Meeting Minutes COUNCIL MINUTES April 10, 2017
APPROVED
CITY OF LINO LAKES
2 MINUTES
3
4 DATE : April 10,2017
5 TIME STARTED : 6:30 p.m.
6 TIME ENDED : 8:50 p.m.
7 MEMBERS PRESENT : Council Member Rafferty,Kusterman,Maher,
8 Manthey,and Mayor Reinert
9 MEMBERS ABSENT
to
11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael
12 Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Public Services Director Rick
13 DeGardner; Director of Public Safety John Swenson; and City Clerk Julie Bartell
14
15 PUBLIC COMMENT
16
17 Robert Sibell, 7898 Century Trail, explained that he has lived at his home for six years and has been
18 on the homeowners board for several years. Tonight he is representing all 49 homeowners in the
19 North Century Farms Homeowners Association. He noted that many residents have lived in their
20 homes for a long period and have waited up to 14 years for the park development that they understood
21 would be a part of the area when they moved in. They are asking now that the city follow through on
22 the program. They would like trail access to the regional park also. They feel the area has been
23 neglected. The area is wonderful but pedestrian access to amenities is poor. (He showed several
24 slides that are on file). Funding should be the developer's responsibility but that has not been
25 fulfilled. They recommend enforcing the development agreement. He noted several reasons why
26 the city should be able to proceed with the park and trail development.
27
28 Mayor Reinert noted that the Century Farms development is a model from a couple decades back. He
29 recalled that there was dedicated park land within that development. Now the council is more clear
30 with the developer when plans come forward, in order to get parks developed early. Regarding a trail
31 for the area,there is a fabulous trail system in the city and it's understandable that people want to
32 access that. Mayor Reinert suggested that the matter be discussed at the next council work session
33 with staff directed to bring forward more information for the May 1, 2017 meeting.
34
35 Community Development Director Grochala reviewed the history of the dedicated park land,
36 including its current status and plans for a trail in the vicinity.
37
38 SETTING THE AGENDA
39
40 The agenda was approved as presented.
41
42 CONSENT AGENDA
43
44 Council Member Rafferty asked, regarding the expenditure list, to be informed of the final tally cost
45 on the fire department mini-pumpers. Director Swenson explained that the amount of$11,000+was
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COUNCIL MINUTES April 10,2017
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46 the upgraded cost the council authorized; below that figure in the report is the cost of the build out.
47
48 Council Member Rafferty noted that ladder truck#21 continues to be on the expenditure list for
49 maintenance. Director Swenson explained that#21 is the new truck and it is being built out. He
50 added that there have been a few repairs needed on that unit and the seller is covering them.
51
52 Council Member Rafferty moved to approve the Consent Agenda, Items lA through 1D,as presented.
53 Council Member Maher seconded the motion. Motion carried on a voice vote.
54
55 ITEM ACTION
56
57 Consideration of Expenditures:
58
59 April 10, 2017 (Check No. 105641 — 105705
60 in the amount of$563,843.73 Approved
61
62 March 27, 2017 Council Work Session
63 Minutes Approved
64
65 March 27, 2017 City Council Meeting
66 Minutes Approved
67
68 Advisory Board Appointment Approved
69
70
71 FINANCE DEPARTMENT REPORT
72
73 There was no report from the Finance Department.
74
75 ADMINISTRATION DEPARTMENT REPORT
76
77 3A) Consider Appointment of Scanner Operator-Administrator Karlson reviewed the hiring
78 process that has brought forward a recommendation to hire Mr. Thomas DeBilzan.
79
80 Council Member Rafferty moved to approve the appointment of Thomas DeBilzan to the position of
81 Temporary Scanner Tech. Council Member Maher seconded the motion. Motion carried on a voice
82 vote.
83
84 PUBLIC SAFETY DEPARTMENT REPORT
85
86 4A) Public Safety Department Vehicle Replacement Policy—Public Safety Director Swenson
87 noted that the plan has been discussed and reviewed several times, most recently at the last council
88 work session. Some changes were recommended by the council and are noted within the written
89 report. Mayor Reinert clarified that no schedule will be approved during the annual budget.
90
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91 Council Member Kusterman asked why the language is being stricken that considers the age of
92 vehicles in years. Administrator Karlson noted that age is addressed elsewhere within the policy.
93 Council Member Manthey recalled the discussion about"useful life" and that the goal was not to be
94 redundant by indicating useful years.
95
96 Council Member Manthey added that the council has discussed this matter in depth on several
97 occasions and notably has included that the council can be involved in decisions and the ability to
98 review the policy in the future.
99
100 Council Member Maher moved to approve the policy as presented. Council Member Manthey
101 seconded the motion. Motion carried on a voice vote.
102
103 PUBLIC SERVICES DEPARTMENT REPORT
104
105 5A) Consider Resolution No. 17-31,Accepting Plans and Specifications and Authorizing the
106 Advertisement for Bids,Northpointe Park Development Project—Public Services Director
107 DeGardner read his written report. hi brief,the report outlines a park development project,the
108 proposed schedule, future council consideration, and the funding source (dedicated park funds).
109 Mayor Reinert noted that this is a good example of getting a park project done when it needs to be, at
110 the front of the project. Director DeGardner noted the city's master park plan and availability to the
111 council members. Director DeGardner also explained how staff plans to involve residents of the
112 NorthPointe community in development of their park.
113
114 Council Member Manthey moved to approve Resolution No. 17-31 as presented. Council Member
115 Kusterman seconded the motion. Motion carried on a voice vote.
116
117 COMMUNITY DEVELOPMENT DEPARTMENT REPORT
118
119 6A) Consider Resolution No. 17-26,Approving Change Orders No. 1&2, and Final Payment
120 No. 8, for the Construction of Well No.6 Pump House -City Engineer Hankee reviewed the written
121 report outlining the overall project cost and the change orders requested. Mayor Reinert noted that
122 changes sometimes mean more money but he understands these changes were requested by the city and,
123 with all changes,the project remains under budget. Council Member Rafferty complimented the look of
124 the project- it fits well into the neighborhood.
125
126 Council Member Rafferty moved to approve Resolution No. 17-26 as presented. Council Member
127 Maher seconded the motion. Motion carried on a voice vote.
128 6B) Consider Resolution No. 17-27,Accepting bids,Awarding a Construction Contract,and
129 Approving Construction Services Contract with WSB &Associates,2017 Mill and Overlay
130 Project—City Engineer Hankee explained that staff is requesting acceptance of the bids received and
131 awarding a contract to the low bidder,North Valley, for this year's mill and overlay project. The project
132 authorization also includes a contract for oversight and administrative services. She explained the
133 streets that would be included in this year's program.
134
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135 Council Member Maher asked how the need for construction service oversight is determined.
136 Community Development Director explained that any capital improvement project will include those
137 oversight services.
138
139 Council Member Manthey moved to approve Resolution No. 17-27 as presented. Council Member
140 Kusterman seconded the motion. Motion carried on a voice vote (Council Member Rafferty
141 abstained)
142 6C) Consider Resolution No. 17-29,Denying Conditional Use Permit for Home Occupation
143 Permit Level C at 180 Pine Street—City Planner Larsen reviewed a PowerPoint presentation (on file)
144 outlining the request and the staff recommendation:
145 - Location of the business (northwest edge of the city);
146 - Accessory structure from which proposed business would be operated;
147 - Zoning and land use in the area;
148 - Parcel size of 29 acres;
149 - Background on home occupation regulations (this would be a Level kC, a higher level of permit
150 requiring a CUP);
151 - The applicant's narrative that outlines the activities that would be involved in the home business,
152 including storage needs;
153 - Staff comments(if the home occupation use were to be allowed);
154 - Findings of fact(relating to transportation and including the city engineer's review and
155 recommendations regarding use of a gravel road; utility plans; local water management plan;
156 capital improvement plan;policy,the use not being consistent; natural enviroment; compatibility
157 with future land uses in the area;performance standards;
158 - Planning and Zoning Board review, including one neighbor speaking against the proposal and the
159 Board Chair's knowledge about concerns at the applicant's current property in the city;
160 - Applicant's survey of residents in the area.
161 - Projections for traffic increases if the use were approved.
162
163 Staff clarified that the applicant doesn't currently live at 180 Pine Street. The current property use is a
164 home without a business.
165
166 Mr. Witzel,the applicant,provided information using a PowerPoint presentation. He provided details
167 on:
168 - Business vehicles that are normally brought home at night;
169 - His primary place of business is in Fridley and would remain there;he lives in Lino Lakes and
170 would like to operate some of the business at this location;
171 - His Fridley property has been described as an island of commercial in a sea of residential (he
172 pointed out the homes in the area) and noted that the area residents are not complaining;
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173 - He wants to be up front with the city about his plans for the property, if he goes ahead with the
174 purchase. He's aware of many home businesses that have not done the same;
175 - The properties around the proposed business have been contacted and he's not heard of a proble,
176 except for one person who has a concern and that is based on the fear of a building being
177 constructed that would block their view and that there would be strangers in the area(he noted his
178 employees are highly vetted so shouldn't be a problem);
179 - Regarding use of the roadway and fear that it would not hold up,there are many heavy uses
180 occuring currently including large trucks (garbage vehicles) using the road;
181 - Pictures of the property, showing where things are;
182 - Picture of his family,who lives in Lino Lakes.
183
184 He also read a letter provided by the mayor of the City of Fridley, commending him/his business on
185 being a good presence in that city and past willingness to respond to any concerns.
186
187 Council Member Rafferty noted existing conditions and current guidelines and regulations and the
188 council's responsibility to follow them.
189
190 Mayor Reinert asked staff to reiterate their reasons for recommending denial and expand and respond to
191 the applicant's comments.
192 Planner Larsen noted that there is no home occupation permit at this address now and there is none at
193 Mr. Witzel's current address (applicant noted that four of his children drive work vans and come and go).
194 Ms. Larsen outlined the city's regulations for home occupations and the levels and allowed uses and their
195 relation to intensity of use. Staff would be more than happy to work with the applicant to find an
196 appropriately zoned property for his business in the city and one that would not become an issue for the
197 surrounding neighborhoods and the transportation system of the city.
198
199 Council Member Manthey asked about the size of vehicles used(3/4 ton vans) and how many employees
200 he expects. Mr. Witzel explained that he has overestimated those figures in his application to make sure
201 he is being completely transparent. The applicant also said he isn't sure that he'd have the dumpster
202 emptied twice a week but again he is trying to be completely above board and he noted that there are a
203 great many vehicles, including many garbage trucks from different companies, utilizing the roadway.
204 Council Member Manthey asked if the applicant were to be allowed the use,would he be willing to
205 comply with the staff recommendations.
206
207 Mayor Reinert remarked that the property offers the size for the business to grow.
208
209 Mr. Witzel added that he's discussed the possibility of adding screening fencing.
210
211 It was clarified that Mr. Witzel would be moving to the property. He wouldn't purchase the property
212 without this use in place.
213
214 Council Member Maher noted that there are four children working and driving for the business and there
215 are three younger children that could possibility become drivers for the business in the future. If there
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216 were materials delivered, what would be the biggest size delivery vehicles? Mr. Witzel explained that
217 the deliveries are typically to Fridley and the truck size isn't huge.
218
219 Council Member Kusterman said he can understand the concern of a neighbor about increased traffic.
220 He asked the applicant if there is anyway to assauage the concerns of the neighbor? Mr. Witzel
221 explained the operations that people experience with the current use (farm, air field); Mayor Reinert
222 noted that it hasn't been a business use though.
223
224 Community Development Director Grochala remarked that he isn't sure about working out the issues but
225 it is clear that there are regulations in place and the use proposed by this application would not be
226 allowed in a residential area. The applicant has pointed out uses that are occuring in the area but that
227 doesn't mean what he proposes is allowed. He recalled that Pine Street was paved because people in a
228 certain area of it requested and paid for it; those past a certain point decided they didn't want the work
229 done because the road is less used.
230
231 Council Member Maher asked if the resident who is concerned was present and another neighbor who
232 was present said no and explained her awareness of the concern—it's about having strangers (customers)
233 coming into the area; she added that there is a lot of traffic already and across in Columbus pretty much
234 anything is allowed. She doesn't feel the proposed business will create a problem.
235
236 Jason Schenkin, speaking on behalf of Steve Witzel. Mr. Witzel has been a great mentor for him and he
237 can attest that he will be a stand up neighbor who will any address concerns that arise. Mayor Reinert
238 thanked Mr. Schenkin but noted that the issue isn't the applicant's character but the question for the
239 council is the precedent granting this request would set for,perhaps, an applicant of different character.
240 There isn't an easy way to take back a CUP once it is issued. Ms. Larsen added that one of the
241 requirements of all home occupations is that there should be no exterior evidence of the business.
242 Community Development Director Grochala added that the city has never issued a Level C home
243 occupation CUP because it is a fairly new regulation. He also noted that there are many code
244 enforcements underway related to illegally operating home businesses but at those can be addressed by a
245 cease and desist order.
246
247 Mayor Reinert noted concerns: setting precedent,traffic on a dirt road;neighbor concerns. On the other
248 hand,the council is hearing that this is a good business operator who would be fair to the neighbors.
249
250 Council Member Manthey said he is supportive of allowing people to do what they want to do on their
251 property but he doesn't see a way to set this in motion without any control. He'd like to understand more
252 specifics about the business that would be occuring and see more of a detailed plan.
253
254 The mayor suggested that the council could vote now or wait and get more information.
255
256 Council Member Kusterman remarked that he has a responsibility to hear the concerns of the area
257 residents and to understand the setting of precedent.
258
259 Council Member Maher remarked that she is less concerned about precedent. This is a full picture (the
260 future) and if the council chooses to allow a CUP they can do so for reason they feel are appropriate. If
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APPROVED
261 the vote were to occur now, she would support the request.
262
263 Council Member Rafferty added that the council has received good information and he appreciates the
264 level provided by the applicant. To him,the past is important as well as the future. He would be not in
265 favor of allowing the CUP based on current information.
266
267 Council Member Kusterman moved to approve Resolution No. 17-29 as presented. Council Member
268 Rafferty seconded the motion.
269
270 Council Member Manthey said he doesn't want to see Mr. Witzel purchase the land and not be able to
271 utilize as he chooses so, not having enough information to allow the use, he would have to support the
272 staff recommendation.
273
274 Council Member Rafferty pondered the possibility of postponement; could the council gain anything
275 from that?
276
277 Council Member Kusterman said he would withdraw his motion if the majority of the council would
278 like to study the matter further.
279
280 Council Member Manthey asked if there is more information the applicant thinks that he could
281 provide. Otherwise he doesn't see it as a good decision to go forward, even for the applicant.
282
283 Mayor Reinert remarked that he sees that the council wants to say yes because Mr. Witzel is a long
284 term resident and they respect people's rights but they have certain responsibilities.
285
286 Council Member Kusterman asked if there is a way to make the CUP less precedent setting. Ms.
287 Larsen said the CUP would be specific to this property but it would stay with the property regardless
288 of the owner. The council could add conditions.
289
290 Council Member Maher remarked that the council has the opportunity to grant a CUP and set
291 parameters that they see as appropriate. The mayor responded that parameters should really be set by
292 ordinance and not special action though.
293
294 The question was asked, what business would meet the requirements of a Level C Home Occupation?
295 Mr. Grochala suggested that location would be key(such as paved roadway). He added that the
296 Level C allows for a certain number of vehicle trips in and out. There is concern that this is
297 introducing a level of activity that doesn't fit in the location.
298
299 Motion carried on a voice vote. Council Member Maher recorded as voting"no".
300 6D) Consider 2nd Reading of Ordinance No. 02-17, Sale of Property to American Legion,Lot
301 14,Block 2,Carole's Estates 2nd Addition—Community Development Director Grochala reviewed the
302 written report. This is second reading of the ordinance authorizing the sale of certain city-owned land to
303 the American Legion.
304
305 Council Member Rafferty asked if there is something in the agreement that indicates a twilight of the
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306 agreement to sell? Director Grochala said the ordinance authorizes execution of a purchase agreement
307 that was prepared by the city attorney;that agreement includes a closing date and basically a six month
308 window of opportunity. Mayor Reinert noted that the city intends to work with the American Legion to
309 be fair but with understanding of the nature of their business and the time it takes to move on the
310 purchase.
311
312 Council Member Kusterman moved to waive the full reading of Ordinance No. 02-17. Council
313 Member Manthey seconded the motion. Motion carried on a voice vote.
314
315 Council Member Kusterman moved to approve the 2nd Reading and adoption of Ordinance No. 02-17
316 as presented. Council Member Manthey seconded the motion. Motion carried: Yeas, 5;Nays none.
317
318 UNFINISHED BUSINESS
319
320 There was no Unfinished Business.
321
322 NEW BUSINESS
323
324 There was no New Business.
325
326 COMMUNITY EVENTS
327
328 ABC PRESCHOOL FUNDRAISER will be held at St. Joseph's of the Lakes, (7171 Elm Street) on
329 Saturday, April 21 from 5:00—8:00 p.m.
330
331 MILITARY CHILD DAY is April 21, 2017. Please remember to wear purple in recognition of the
332 military children in our state and community.
333
334 COMMUNITY CALENDAR
335
336 Community Calendar—A Look Ahead
337 April 10,2017 through April 24,2017
338 4 Wednesday,April 12 6:30 pm, Council Chambers Planning&Zoning
339 4 Monday,April 17 5:30 pm, Community Room Council Goal Setting Mtg
340 4 Monday,April 24 6:00 pm,Community Room Council Work Session
341 4 Monday,April 24 6:30 pm,Council Chambers City Council Meeting
342
343 ADJOURN
344
345 There being no further business, Council Member Rafferty moved to adjourn at 8:50 p.m. Council
346 Member Manthey seconded the motion. Motion carried unanimously.
347
348 These minutes were considered and approved at the regular Council Meeting, April 24, 2017.
349
350
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351
352
353 Julianne Ba 11 City Cler Jef Reinert, Mayor
354
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