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HomeMy WebLinkAbout04/27/1992 Council Minutes1 1 1 COUNCIL MEETING APRIL 27, 1992 CITY OF LINO LAKES COUNCIL MINUTES DATE : April 27, 1992 TIME STARTED : 6:32 P.M. TIME ENDED : 8:10 F.M MEMBERS PRESENT: Reinert, Neal, ; Kuether, Elliott, Bergeson MEMBERS ABSENT None Staff Members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Administrative Assistant, Dan Tesch and Clerk - Treasurer Marilyn Anderson. The following items were added to the agenda: Regular Agenda No. 1C, comments following the Moratorium Update. Council Member Bergeson asked to make - Regular Agenda No. 9G, Council Member Kuether asked that Police Station Remodeling be added under Old Business. - Regular Agenda No. 9E, Council Member Neal asked why this was not covered under the Consent Agenda. Mrs. Anderson explained that Council Member Bergeson did not attend the meetings referenced in these minutes and will be required to abstain from voting. Normally the Consent Agenda is approved with a unanimous vote. - Regular Agenda No. 6C, Mr. Tesch asked that Ordinance No. 07 - 92 be added. - Regular Agenda No. 6D, Mr. Tesch noted that Mr. Hawkins will be giving a brief update regarding a possible pornographic moratorium ordinance. - Regular Agenda No. 9F, Mr. Tesch asked that the Council consider a proposal for an assistant for the Building Official. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda. PAGE 1 287 288 COUNCIL MEETING APRIL 27, 1992 Council Member Neal seconded the motion. Council Member Bergeson asked about the large expenditure on Page 2 of the Disbursements. Mr. Tesch explained that was a payment to Pitt- Demoines the company constructing the water tower. Motion carried with Council Member Kuether abstaining. ITEM DISPOSITION MINUTES: April 13, 1992 Approved DISBURSEMENTS: April 27, 1992 Approved Centennial Fire Department Approved REGULAR AGENDA OPEN MIKE Esther Newcome, Metropolitan Council Representative - Ms. Newcome is unable to attend this evening and will be scheduled for a Council meeting in May. Moratorium Update - Mayor Reinert explained that at the first Council meeting of this year a moratorium was approved relative to residential development in this City. He said this will be a mid -term report on the moratorium and a more complete report will be given in July. Mayor Reinert noted that some people were pleased with the moratorium and some people were not. He explained that during this period it was planned to "take stock" of the situation in the City not necessarily to oppose or slow down residential development but rather to take a look at where the City was going with residential development. A number of items need to be addressed. One item was the re- organization of the Planning and Zoning Board and how matters were to come before the Council. Mayor Reinert noted that previously the City had a five (5) member board called the Design Review Board. The name of the board was changed to reflect what that body does and was changed back to the Planning and Zoning Board. In addition membership was changed back to seven (7) members. It was felt that this would allow greater public input and allow more people to serve, especially during a time when the City was undergoing a great deal of development. A large number of qualified applicants did apply for membership on this board and seven (7) were choosen and the new board is now in operation. The Council has approved a revised Zoning Code which does codify many existing ordinances and clarifies language and procedures. Following this there will be some items addressed and these will relate specifically to this item and how it relates to the City. Mayor Reinert explained one item looked at was the inventory of residential lots. Presently the staff is reviewing the current PAGE 2 1 1 1 1 1 1 COUNCIL MEETING APRIL 27, 1992 land use with the current housing and the developments that are taking place. Based on this, it is hoped by the end of the moratorium to develop projects in terms of proper land use and take a look at housing growth as it affects the City in the future. Vacant land in all zones is being viewed and quantified. Mayor Reinert noted that the moratorium has allowed the City to evaluate certain housing stock and various types of housing. There will be more on this as well. Mayor Reinert said that the development procedure was not the smoothest in terms of bringing items to the Council and then on to the developers and allowing them to function in the City. He noted that the staff is developing a process to evaluate a development and its impact on the community in the following areas; 1) the financial impact to the City in terms of taxes and revenues and in terms of needs, 2) impact of infrastructure, 3) impact on the educational facilities. Mayor Reinert also noted that the Council has extended the period of input from the public if necessary. Public hearings are continued until the next Council meeting if necessary to allow for additional input. Land use hearings have been moved to the Planning and Zoning Board. Public hearings that involve public money are held before the City Council. This should make these items more accessible to the public and the public should feel more comfortable before the Planning and Zoning Board than before the City Council. Mayor Reinert explained that the staff is developing a comprehensive development check list to be completed as the development moves through the various stages so that the proposed development does not come before the City Council and then has to be sent back to the Planning and Zoning Board for some other information. When the check list is complete, any item coming before the City Council can be acted on and and approved so the developer can go forward and develop in the City. The staff is updating standard development contracts and these will be directly administered by the staff. All financial requirements will be incorporated into one (1) development contract. This should eliminate frustration on the part of the developer because he will not have to be moved from department to department but will look at one (1) coordinated contract. Mayor Reinert noted that there probably will be stricter development guidelines and probably the guidelines will be more strictly enforced. He noted that development contracts and all financial guarantees must be in place prior to any construction. There may have been exceptions to the rules in the past. Mayor Reinert felt that when the developers look at the new guidelines they will feel that they are stricter. However, if they really look at them they will see that they are easier to understand and follow. Mayor Reinert explained another development requirement will be PAGE 3 289 290 COUNCIL MEETING APRIL 27, 1992 that consultants will have to prepare budgets before any work can be authorized on the plats. Also final plats cannot be presented to the City Council until all contracts and guarantees are in place. Staff will also be required to prepare monthly status reports on all escrow accounts. In the past, developers have been hit with certain bills and wondered where the accumulation has come from during the past two (2) three (3) months. An accounting procedure is being developed so that every month developers will know exactly what is left in their escrow accounts and where money has been paid. Mayor Reinert again said that these are areas presently being addressed and at the end of the six (6) month moratorium period it is hoped that all of these procedures will be fully in place and will be more organized in the development procedure. Mayor Reinert also explained that at the time the moratorium was enacted, he had said that there would be more information regarding economic development in the City. He noted that the Council has moved very expediently in putting economic development in place. An Economic Development Authority Advisory Board has been organized consisting of private citizens with backgrounds in commercial and industrial development and private commercial developers. This Board held its first meeting April 23, 1992. The Council is looking for more of a focus in commercial and industrial development in the City rather than a broad prospective in terms of where we might be going rather than where we should be going. The City took a bold move and acquired the Schilling Industrial Park to further facilitate this effort in economic development. It is felt that this move has stimulated some of the private landowners to come forward to work cooperatively with the City and the private developers. Mayor Reinert explained that plans are being prepared for the construction of Apollo Drive which will be the main thoroughfare of the industrial park. This street will open up the new commercial center. Several items still must be addressed with the adjoining residential property owners. They are well aware that a street will be constructed to open the area for better development. Mayor Reinert said goals and directions have been established for the Lino Lakes Economic Development Authority which is also the City Council. In the area of communications, Council liaisons have been appointed for each major department of the City. It is hoped that this will establish a better line of communications with the City employees. In addition, the City Council holds regular work sessions the Wednesday prior to the Council meeting to allow the Council Members to get fully involved in discussions regarding matters that are facing the City. This forum allows PAGE 4 1 1 1 1 1 1 COUNCIL MEETING APRIL 27, 1992 the public to come before the City Council in a more relaxed atmosphere. Mayor Reinert felt that the press will agree with this procedure as well since it will allow them to gather additional information for a better understanding of what is going on in the City. The City staff meets bi- monthly to discuss the directions given by the City Council. Mayor Reinert explained another large area under consideration during the moratorium is evaluation of the Comprehensive Land Use Plan, assessment policy and other such plans. He noted that the Comprehensive Park Plan has just been completed which will be put in place in conjunction with plats as they are approved. The consultant employed to help develop the Comprehensive Park Plan said he truly enjoyed working on the Plan for Lino Lakes because there were open areas to work with and did not have to work around houses and other structures that were already in place. The consultant said Lino Lakes has a lot of unique assets and residents should be proud and allow the trail system and parks to be developed in conjunction with developments. The assessment policy is in the process of being reviewed to be sure that maximum collections are taking place. The City also moved into a position of finalizing a surface water management program. Mayor Reinert said in his opinion this was long overdue because of the wetlands and open bodies of water in this City as well as the problems incurred from runoff from developments. The City is preparing to initiate a computerized pavement management system to better maintain City streets. The Metropolitan Waste Control Commission is preparing a Lino Lakes /Centerville sewer interceptor study which will analyze future capacity and has given Lino Lakes "high marks" during the recent inflow and infiltration analysis of the system. The City is also in the processing of working more closely with the Rice Creek Watershed District in an attempt to resolve many of the drainage problems in the City. With the addition of the water tower which is becoming a landmark, the City will have an independent water system of its own. The City is presently reviewing the status of the Comprehensive Plan and map and there will be more on this in the immediate future. Mayor Reinert addressed the City Charter and explained that an overall review of the City Charter is being conducted to be sure that all procedures and practices are current with state statutes. He said he hoped to establish a stronger working relationship between the City Council and the Charter Commission. The Community Service Officer's duties have been expanded to include working with a senior watch program to assist seniors who are sole occupants in their own home. An expanded report on this new service will be given during a July Council meeting. The Council is presently looking at and working with a developer for the construction of approximately 70 to 90 senior housing units. PAGE 5 291 292 COUNCIL MEETING APRIL 27, 1992 More on this will be given in July. Mayor Reinert addressed some miscellaneous issues. He noted that in an effort to deal with space and financial constraints, the City has remodeled one (1) building and is in the process of remodeling another of its public buildings. He explained that the space at city hall was very cramped. The Police Department has been moved to the former fire station on Lake Drive and this has released space at city hall which is being remodeled for other City staff. Due to the state financial "crunch ", the City is evaluating revenues and expenditures and developing other means to cope with shrinking revenues. Most people are aware the state has transferred any of its financial responsibilities to the City level and the City has had to pick up some of the costs of mandates and other such costs. In addition, the City has had to deal with the loss of some of its Local Government Aid (LGA). This must be addressed and well as the possibility of the situation becoming worse in the next year. Mayor Reinert noted that the City is again sponsoring a spring clean up day. The City also recently celebrated Earth Day, 1992. He expressed pleasure regarding the Common Ground meeting with adjoining communities to explore areas where shared services would be of benefit to each community. Another Common Ground meeting is scheduled for April 29, 1992 and participants have been asked to identify areas where services can be shared. Mayor Reinert noted that the City Recreation Department is in full operation and also noted the recent brochure mailed to all residents highlighting all the recreation programs. It appears to be widely received and used. Mayor Reinert said he will have further reports regarding lifting the moratorium the first part of July, 1992. Council Member Bergeson explained that he was not on the Council at the time the moratorium was enacted and also he was not in favor of the moratorium. He asked to give a brief "minority" report about this issue and to share some of his observations. Council Member Bergeson said that the item on the agenda is "Moratorium Update ". He said that the Mayor has just presented a list of accomplishments by the City Council and staff. Many of the items deserve recognition and accommodation, however, he noted that most of them have little to do with the moratorium. Council Member Bergeson noted such examples as spring clean up day, city hall remodeling, senior watch program and explained that they were all commendable items but really not part of the moratorium and in fact many of the items actually predate the moratorium in some way. Some of those items that do not predate the moratorium do not relate to the moratorium. Council Member PAGE 6 1 1 1 1 1 COUNCIL MEETING APRIL 27, 1992 Bergeson said he does acknowledge that six (6) or seven (7) procedures have been put in place to improve the approval process of residential development. However, in his opinion, there is only one (1) item on the list that significantly addresses the moratorium issue and it is the procedure that says, "the City is working to develop a process by which the City can evaluate a development and its impact on the community in the following areas; financial, infrastructure and education ". He said he felt that is the type of thing that the City should be doing during this moratorium and unfortunately to date he has not seen much substance applied to that concept. He said he was happy to see this on the list. Council Member Bergeson explained that in July, 1991 the City of Lakeville enacted a moratorium on residential development. He noted that was a reaction to a building boom that was much more intensive that what was being experienced in Lino Lakes. Their housing starts were about 700 a year and they also had a backlog of about seven (7) years supply of platted lots throughout the City. Council Member Bergeson explained that the City of Lakeville approached their moratorium in a very focused way. They hired two (2) consultants from the Humphrey Institute who spent the first six (6) weeks of the moratorium developing a fiscal impact analysis which quantified the impact of various types of development. They choose 16 representative areas of the City and compared the revenue generated by each area with the cost of city services provided to that area. The analysis was very sophisticated and not the thing that can be easily done "in house ". When the analysis was completed the City of Lakeville know the impact of all the various types of development. After completion of the fiscal impact analysis, the City of Lakeville appointed a 21 member task force of the brightest and best people they could find including a bank president, CEO and the superintendents of the three (3) schools districts. The task force has met every two (2) weeks since January and have heard presentations from a wide range of experts on growth. Council Member Bergeson explained that from now until July they will use this data to develop guidelines for future developments. He said the point of mentioning all of this about Lakeville is that in his opinion, "I do not think Lino Lakes has done what should be done during the moratorium if the moratorium is to be in place ". Council Member Bergeson said that the City Council should commit the resources to do significant analysis of Lino Lakes status or end the moratorium. He noted that other cities that have imposed moratoriums and have not taken decisive steps to understand where they were have become involved in legal actions and in some cases have even lost in court. Council Member Bergeson made one (1) final point regarding commercial development. He said everyone agrees that Lino Lakes needs some commercial development, however, he expressed concern about the negative image the PAGE 7 293 294 COUNCIL MEETING APRIL 27, 1992 moratorium puts on the community in terms of development. Council Member Bergeson explained that banks and commercial developers are well aware of the present moratorium. He said that as Lino Lakes prepares to promote the City we will need the support of these people and he said he feared that the moratorium could have a negative impact on the ability to promote the City. Council Member Kuether said that a couple weeks she represented this City at an economic development seminar at the Convention Center in Minneapolis. She had talked to almost every planner or economic development person at this meeting including the Port Authority of St. Paul. Council Member Kuether explained that she had a lengthy conversation with the planner at Woodbury. She felt the Woodbury area seemed to be the most closely tied to the Lino Lakes situation. Council Member Kuether noted that a few years ago Woodbury had a population of about 10,000. At that time that city was very actively seeking economic development just like Lino Lakes is currently doing. They hired consultants and found that they only way they were going to get economic development was to increase the population. She was told that a population of about 20,000 was needed to get the economic development interest in that community. Council Member Kuether said that Woodbury "shifted gears" and quit working on the economic development and concentrated on the residential development to get this in place to lure the economic developers. She also talked to as many people as possible at the seminar regarding the moratorium and all said it was ridiculous that a city that builds 200 homes a year would impose a moratorium. It is sending a negative image and that this City is not open for business. Council Member Kuether said her fear is that now we have an economic development group in place and saying go out and look for business, however we are sending them out in handcuffs. If they are sent out to do a job and we already know that the retail and fast food establishments need people, we are not being fair to them or to the existing businesses by putting a moratorium on new people coming into the City. Council Member Elliott said that as far as she is concern the entire list as far as what is accomplished during the moratorium is related to the moratorium. She noted a problem for the staff prior to the moratorium was that they were running at break neck speed trying get their every day work done plus the development issues without all the guidelines being in place. Council Member Elliott felt that the moratorium has given the staff time to catch up. She noted that residential development and work on plats have not been stopped. Council Member Elliott said that she did not think that in the next three (3) months no opportunities for business would be destroyed. She noted that the first true economic development group now organized is the first this City has ever had. She said she felt this was a major PAGE 8 1 1 1 1 COUNCIL MEETING APRIL 27, 1992 step. Council Member Elliott felt that the cost to pursue consultant input such as Lakeville did would be astronomical and not justified because the Council has never let the City get that far out of control. She said the moratorium provides a good step backward so that the Council can evaluate what was going on so the Council can proceed in a more organized fashion. Council Member Neal said that before January 1, 1992 the City was screwed up bad. He noted that Council Member Bergeson was not on the Council and not aware of what was really going on. Council Member Neal said he is satisfied with the moratorium because the staff could not keep up with the work. Mayor Reinert asked what the cost of the Lakeville study was? Council Member Bergeson said he did not know but would like to find out. Mayor Reinert said the cost was probably astronomical. Council Member Kuether said the Council has to decide what are the priorities for this City. She said that if this many items have been accomplished in four (4) months this is the time to lift the moratorium especially with the economic development going into place. Council Member Kuether said that the Council needs to give the Economic Development Authority Advisory Committee some tools to sell the City. Mayor Reinert said that he did not intend to debate the issue this evening. He noted that the moratorium is in place and put there by a majority of the City Council. He asked that all the Council Members respect the moratorium and expressed appreciation for the minority report. PLANNING AND ZONING BOARD REPORT Minor Subdivision, Lot 4, Block 4, Ulmer's Rice Lake Addition - Mr. Schneider explained that a request has been received to subdivide a 11,065 square foot parcel of land from a two plus (2 +) acre lot within the Ulmer's Rice Lake Addition. The property lies south of Ulmer Drive and east of Second Avenue. The property is zoned R -1, Single Family Residential. One (1) of the recommendations of the Planning and Zoning Board based upon the advise of Mr. Schneider was that there be a requirement for Outlot B (the remnant parcel with the existing home) to connect to utilities within two (2) years or sooner if the on -site systems fail prior to that time. Since the Planning and Zoning Board meeting, the City Staff has further reviewed this matter and the City Ordinances and found that in some respects the City Ordinances are more stringent than the Planning and Zoning Board recommendation (i.e the present Ordinance No. 402.02 requires a hookup to existing sewer within one (1) year of PAGE 9 295 296 COUNCIL MEETING APRIL 27, 1992 availability). The present ordinance has not been enforced, therefore, it is the staff recommendation that the present ordinance be changed to eliminate the one (1) year hook -up provision which would be difficult to enforce at this time. The staff would also recommend that a provision be added indicating that a connection to utilities is required when an existing on- site system failed. The City Attorney is working on this change for consideration by the City Council later this evening. A certificate of survey was included with the Council packet which shows that the existing home on Parcel B meets setback requirements, thereby satisfying Planning and Zoning Board Item No. 5. The Planning and Zoning Board recommended approval of the minor subdivision with the following provisions: A. Parcel A (the new lot) hook up to utilities. B. Utility and drainage easements be provided along all property lines of Parcel B. C. The proposed minor subdivision is subject to park dedication fee of $500.00 as stipulated by the Zoning Ordinance. D. Any future dwelling which is to lie upon Parcel A (the new lot) meet minimum floor area requirements as stipulated within Section 6, Subd. 5.(4) of the Zoning Ordinance. E. Grading and drainage be adequately accommodated on the site. F. Any future subdivision of the site is not recommended by the staff. Council Member Elliott moved to approve the minor subdivision with the conditions stipulated by the Planning and Zoning Board. Council Member Kuether seconded the motion. Motion carried unanimously. Site and Building Plan Review, Greenhouse Addition, B. Soderman, DBA Rock Gardens, 6074 Hodgson Road - Mr. Schneider explained that Mr. Soderman, on behalf of Rock Gardens Lawn and Landscaping, is requesting a site and building plan approval to expand his existing business located north of Ash Street and east of Hodgson Road. Specifically, the applicant wishes to construct a new 1,560 square foot greenhouse and expand the tree storage areas. The subject 4.7 acres is zoned General Business (GB). The Planning and Zoning Board recommended approval of the request subject to the following recommendations: 1. Parking spaces shall be set aside for future use. PAGE 10 1 1 1 COUNCIL MEETING APRIL 27, 1992 2. All exterior storage of landscaping equipment (excluding trees) be properly screened in accordance with the City's Zoning Ordinance. 3. If new signage is to be provided in conjunction with the new greenhouse, the applicant must submit signage plans identifying location, type and size of all signs on the property. 4. All exterior lighting be hooded and directed so as the source is deflected away from the adjacent right -of -way. Mr. Schneider also noted that many positive comments have been received regarding the improvement in the condition of the property since it was acquired by Mr. Soderman. Council Member Bergeson moved to approve the site and building plan for Rock Gardens Lawn and Landscaping Supplies, Brian Soderman, subject to the recommendations from the Planning and Zoning Board. Council Member Neal seconded the motion. Motion carried unanimously. Conditional Use Permit Amendment, Fina Station, 7509 Lake Drive, (Public Hearing Set for May 11, 1992, 6:45 P.M.) - Mr. Schneider explained that this is for informational purposes only. Council Member Kuether noted that she had talked to the manager of Fina and was told that the business will be closed starting July, 1992 until the rebuilding is completed. She was also told that a restaurant is not planned for the new building because there are not enough people to support the restaurant. Mayor Reinert said that he understood that lack of municipal utilities was the major reason for the decision not to build a restaurant. Minor Subdivision, Re -align Lot Lines, Splettstoeszer, Blastervold, 7772 Lake Drive and 7774 Lake Drive - Mr. Schneider explained that Ms. Bernice Blastervold has submitted a request to resubdivide two (2) single family lots at 7772 and 7774 Lake Drive. The resubdivision is essentially a boundary line adjustment intended to rectify a non - conforming setback situation. The subject property is located south of Oak Lane and east of Lake Drive and is currently zoned Suburban Residential (SR) The Planning and Zoning Board recommended approval of the resubdivision. Council Member Elliott moved to approve the minor subdivision. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 11 297 298 COUNCIL MEETING APRIL 27, 1992 Site and Building Plan Review, Anoka County Parks Nature Center Building - Mr. Schneider explained that Mr. David Torkildson, on behalf of the Anoka County Parks Department, has requested a site plan approval for a 10,640+ square foot nature interpretive center to be located north of George Watch Lake within the Rice Creek Chain of Lakes Park Reserve. Mr. Schneider noted that according to the Anoka County Parks Planner, the interpretive center will include naturalist programs for children, naturalist displays as well as cross country skiing activities in the winter months. The Rice Creek Chain of Lake Park Reserve is zoned Public Semi - Public (PSP). The Fire Chief has reviewed the plans and has made some suggestions that have been incorporated into the plans including revising the parking area to provide access to emergency vehicles. The Planning and Zoning Board recommended approval subject to the following conditions: 1. The site grading plat is revised to illustrate the ordinance high water mark (OHWM) of George Watch Lake (886) to provide an assurance that the proposed structure meets the 200 foot shoreland setback requirement. 2. The site plan is modified to illustrate septic tank, drain field, and well locations to provide an assurance that they meet applicable shoreland setback requirements. 3. The parking lot design, which is apparently being revised, is subject to City approval. 4. Consideration is given to paving the interpretive center's access drive. 5. Revised parking arrangements as suggested by Fire Chief to provide for emergency vehicle access. Council Member Kuether moved to approve the site and building plan for the Nature Interpretive Center within the Rice Lake Chain of Lakes Park Reserve subject to the Planning and Zoning Boards conditions. Council Member Elliott seconded the motion. Council Member Bergeson noted that a number of meeting rooms are planned for this building. He said he hoped that the County would make these rooms available to the public and asked Mr. Schneider to inquire to determine if they will be available. It was noted that there are some meeting rooms at the Chomonix Golf Club which are available subject to prior commitments. Voting on the motion, motion carried unanimously. PAGE 12 1 1 1 1 1 COUNCIL MEETING APRIL 27, 1992 ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Accepting Bids for Controls and Telemetry System for the Water System - Mr. Schneider explained that bids were received on April 9, 1992 and were initially report to the City Council on April 13, 1992. At that time consideration of the bids was extended to April 27, 1992 due to the complexity of the submittal. A copy of the tabulation of the bids was included in the Council packets. Mr. Schneider requested that consideration of the bids again be extended to the May 11, 1992 City Council meeting to allow further analysis of the complex bids. The consensus of the Council was that this matter will be placed on the May 11, 1992 agenda. Resolution No. 92 - 52 Approving Plans and Specifications for Utility and Street Improvements for Wenzel Farms, Third Addition - Mr. Schneider explained that plans and specifications for Wenzel Farms, Third Addition utility and street improvements have been completed. The permits for the project have been applied for. The plans and specifications were prepared assuming the project would be put out for bids. However, the estimated quantities indicated that the project may be small enough to be done as a change order to the current Wenzel Farms project without violating the State Statutes for assessable improvements. This was verified after reviewing the bid unit prices of C. W. Houle, Inc., the contractor for the Wenzel Farms project. C. W. Houle, Inc. has been contacted and is willing to complete the Third Addition project as a change order to their original contract. Eliminating the bidding process for this project would reduce costs to all involved and allow the project to be completed sooner. Mr. Schneider requested that the City Council approve the plans and specifications with the understanding that a change order for Wenzel Farms will be prepared for the next regular Council meeting which would increase the quantities to include Wenzel Farms, Third Addition. Council Member Bergeson noted that Wenzel Farms does not appear to be included in the exceptions list of the moratorium and asked if the Council should be considering this improvement at this time. Mr. Schneider explained that the preliminary plat was approved prior to the moratorium and Mr. Hawkins explained that the moratorium included a general statement that said all approved preliminary plats would be moved forward. Mayor Reinert noted that the moratorium was not intended to stop anything that was already in place. Council Member Bergeson said that he wanted to be sure that the Council was acting legally on this matter. PAGE 13 299 300 COUNCIL MEETING APRIL 27, 1992 Council member Neal moved to approve Resolution No. 92 - 52. Council Member Elliott seconded the motion. The motion carried with Council Member Kuether abstaining. Resolution No. 92 - 52 can be found at the end of these minutes. SET PUBLIC HEARING TO AMEND TIF DISTRICT 1 - 4 FOR JUNE 22, 1992, 6:45 P.M. Mr. Tesch explained that this district is currently an Economic Development TIF District. The City Council has until July 26, 1992 to change this district from the present designation. If the designation is not changed by then, the district will remain an Economic Development District for the next six (6) years. Mr. Tesch noted that at the April 22, 1992 Council Work Session, Mr. Roger Derrick presented a proposal for senior housing for this particular district. The City Council did express preliminary approval of the concept and asked Mr. Derrick to present additional information. If the City Council decides to approve senior housing for this TIF district, the designation must be changed to a Housing District. The City Council will have to act on this matter prior to the July 26, 1992 deadline. Council Member Kuether asked why the Council would change the district at this time when the Council is not sure that senior housing will be constructed in this district? Mr. Tesch explained that the district is not a good location for the Economic Development District. He further noted that if the current senior housing proposal fails, it is likely that some other type of housing will be constructed in the district. Since this is the probability and the time for changing the TIF designation will expire July 26, 1992, the public hearing is being set at this time so that the Council does not loose the opportunity to change the TIF district designation if they so desire. Mayor Reinert asked if Council Member Kuether was suggesting keeping the current designation and possibility loosing the district entirely. Council Member Kuether noted that this particular TIF district could be moved to another location. She said that she is worried that TIF money would be used when it was not necessary. Both Mayor Reinert and Council Member Kuether agreed that this particular TIF district was not in a good area for economic development. However, Council Member Kuether asked if the proposal for senior housing needed TIF money. Mayor Reinert explained that the proposal for senior housing is far from approved and could fall by the wayside. Council Member Elliott moved to set the public hearing. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 14 1 1 COUNCIL MEETING APRIL 27, 1992 CONSIDERATION OF RESOLUTION NO. 92 - 67 REDESIGNATING ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR 1992 Mr. Tesch explained that after the Council passed the first CDBG resolution designating the 1992/1993 CDBG funds, he received a call from Joanne Wright at Anoka County explaining that there were additional dollars available to Lino Lakes for this particular funding year in the amount of $4,200.00. Resolution No. 92 - 67 cancels the original resolution approved by the City Council and outlines the designation of all the 1992/1993 CDBG funds. Council Member Kuether moved to adopt Resolution No. 92 - 67. Council Member Elliott seconded the motion. Motion carried with Council Member Neal abstaining. Resolution No. 92 - 67 can be found at the end of these minutes. ATTORNEY'S REPORT, BILL HAWKINS Consideration of Administrative Procedure on Easements Requiring Immediate Action, Resolution No. 92 - 68 - Mr. Hawkins explained that when easements are dedicated to the City, the staff must first obtain approval of the easements from the City Council before the easement can be recorded at Anoka County. However, there are times when there is a need to record an easement immediately so that the City will not loose its interest in the property. Resolution No. 92 - 68 will allow an easement to be recorded on behalf of the City if the City Engineer or the City Attorney deeds the situation a emergency situation. The City Council would be informed of such easement at its next regular scheduled Council meeting. Council Member Kuether moved to adopt Resolution No. 92 - 68. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 68 can be found at the end of these minutes. Resolution No. 92 - 64 Granting Variance With Regard to Lot Width to Certain Lots of Ulmer's Rice Lake Addition - Mr. Hawkins explained that the lots in Ulmer's Rice Lake Addition were platted at 150 feet in width with the idea that when municipal utilities became available, the lots could be split into 75 foot width lots. After that time the Zoning Ordinance was amended to require 80 foot lots in this particular zone. If the lots in Ulmer's Rice Lake Addition are to be split a variance would be required for each lot because of the substandard lot width. Resolution No. 92 - 64 would allow the staff to accept applications for lot subdivisions, collect a $200.00 fee for PAGE 15 301 302 COUNCIL MEETING APRIL 27, 1992 administration costs and $500.00 for park dedication and allow the substandard width lots without coming before the Council to ask for a variance for each lot. This particular resolution would grant a variance for Lots 5 through 13, Block 1, Ulmer's Rice Lake Addition only. Council Member Elliott moved to adopt Resolution No. 92 - 64 Granting a Variance With Regard to Lot Width to Certain Lots of Ulmer's Rice Lake Addition. Council Member Bergeson seconded the motion. Motion carried with Council Member Kuether abstaining. FIRST READING, Ordinance No. 07 - 92 - Mr. Hawkins explained that the current City Code requires that all residents be connected to the sanitary sewer within a year after it becomes available. However, this provision in the City Code has not been enforced and the City Council has adopted a policy that states that residents do not have to connect to municipal utilities until such time as their systems fail. Ordinance No. 07 - 92 will make the City Code conform to what the current practice is regarding connection to municipal utilities. Council Member Kuether asked how does anyone define when a system has failed. Mr. Hawkins explained that if the system cannot be repaired, it has failed and a new system cannot be installed. The residence must be connected to the municipal facility. Council Member Kuether moved to adopt the first reading of Ordinance No. 07 - 92. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance Regulating Pornographic Materials - Mr. Hawkins explained that the City Council had him to research a possible pornographic moratorium ordinance and research how other communities are handling this concern. He noted that when such problems come into a community, a great amount of expense is incurred in regulating the businesses. To avoid this problem, Mr. Hawkins suggested that the City Council enact an emergency moratorium on all pornographic establishments to allow time to enact an ordinance regulating all pornographic materials. He noted that the City cannot prohibit all adult advertising and establishments. However, the City could limit the areas where such activities take place. Mr. Hawkins said he has received a copy of the City of Blaine's ordinance and is currently collecting several other ordinances. He told the Council that if this course of action is acceptable to them, they should direct him to draft an emergency ordinance for consideration at the next Council meeting. Council Member Kuether moved to direct Mr. Hawkins to continue and prepare a moratorium ordinance for consideration by the City PAGE 16 1 1 1 COUNCIL MEETING APRIL 27, 1992 Council in two (2) weeks. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING, ORDINANCE NO. 15 - 91, ZONING ORDINANCE AMENDMENT Mayor Reinert noted that there has been a great deal of discussion on this matter during the past several months. The first reading of the ordinance was held on April 13, 1992. Council Member Bergeson moved to adopt the second reading of Ordinance No. 15 - 91. Council Member Neal seconded the motion. On a roll call vote, motion carried with all Council Members voting aye. Ordinance No. 15 - 91 will be prepared for publication as required by the City Charter. OLD BUSINESS Consideration of Appointing Council Member Elliott to Solid Waste Advisory Committee - Council Member Neal moved to make this appointment. Council member Bergeson seconded the motion. Motion carried unanimously. Remodeling of Police Station - Council Member Kuether noted that at the April 22, 1992 Work Session, there was discussion regarding funding what has already been started. She noted that the interior is completed but expressed concern regarding blacktopping the parking lot. Council Member Kuether noted that she had heard one (1) report as to how the parking lot was to be blacktopped and felt that this would be "tacky ". She noted that it would look ridiculous from Lake Drive. Mayor Reinert said it was his understanding that the Public Works Director and the Chief of Police were to get together and come up with a proposal. Mayor Reinert suggested that Council Member Kuether, Public Work Liaison and Council Member Neal, Police Department Liaison get together with the Public Works Director and the Chief of Police and prepare a proposal and bring the proposal to the next Council meeting. He noted that the City Council had set a limit of $6,000.00 on completing certain items. Council Member Neal said he thought that the cost of the entire remodeling of the police facility was put in the 1992 budget. He was told only $35,000.00 was budgeted and the construction was to be completed in two (2) phases. Council Member Kuether asked how the City was able to purchase a new park building when there was not enough money in the budget to complete the police station remodeling. Mayor Reinert explained that the funds for the park building were taken from the Dedicated Parks Fund. This fund can only be used for park land purchases or for park improvements. PAGE 17 303 304 COUNCIL MEETING APRIL 27, 1992 Council Member Neal asked why the money the City received from the City of Centerville for police protection did not go into a special fund to be used for police purposes only. Mr. Tesch explained that the money went into the General Fund and noted that the Police Department cannot not be self - supporting from citations, etc. That department relies on many other revenue sources for its maintenance. Council Member Neal asked why this City cannot just write a check to the Police Department for each years operation and let them run their own department much like the Circle Pines /Lexington Police Department. Mayor Reinert noted that department is a completely different functioning department and did not believe that this City wanted to get into this type of an operation. Council Member Bergeson asked that a report be made by staff to the City Council as to whether or not there are any other General Fund revenues that could be used to complete the police station remodeling. Mayor Reinert reminded the City Council that the coming year could be worse in terms of what the state legislature may take from municipalities. He noted that this City may not have much money to work with in 1993. NEW BUSINESS PROCLAMATION, Arbor Day - Mrs. Anderson read the Arbor Day Proclamation. Council Member Neal moved to adopt this proclamation. Council Member Elliott seconded the motion. Motion carried unanimously. PROCLAMATION, Week of May 11, 1992 As The Official Beginning of the A. P. Bergee Scholarship Endowment Fund - Mrs. Anderson read the A. P. Bergee Scholarship Endowment Fund Proclamation. Council Member Bergeson moved to adopt this proclamation. Council Member Kuether seconded the motion. Motion carried unanimously. Registration for League of Minnesota Cities Legislative Wrapup Session, May 13, 1992 - All Council Members and staff who wish to attend this session should let Mrs. Anderson know so that she can register them. Registration for League of Minnesota Cities Annual Conference - All Council Members and staff who wish to attend this session should let Mrs. Anderson know so that she can register them. Mayor Reinert encouraged all Council Members to attend this conference because he felt it was a good opportunity to compare notes and ideas with council members from other communities. Consideration of Minutes: PAGE 18 1 1 1 1 1 COUNCIL MEETING APRIL 27, 1992 March 23, 1992, Regular Council Meeting: Council Member Kuether moved to approve these minutes. Council Member Neal seconded the motion. Motion passed with Council Member Bergeson abstaining. April 6, 1992, Board of Review: Council Member Elliott moved to approve these minutes. Council Member Kuether seconded the motion. Motion carried with Council Member Bergeson abstaining. Consideration of Hiring a Part Time Building Inspector - Mr. Tesch noted that the Building Official was in need of help for the upcoming building season. This matter was brought before the Council and staff was instructed to see if a contract could be made with the City of Circle Pines for assistance from their building official. During this time, it was brought to the attention of staff that there is a program available called Medical and Rehabilitation Consultants, Inc. The program retrains persons who have been displaced from their regular position because of injury or permanent layoff. Mr. Bob Cartier was formerly in construction and is now in training to be a building official. Mr. Tesch explained that the Lino Lakes Building Official considers Mr. Cartier worthy and competent for this part -time position. A grant is available to pay a considerable portion of Mr. Cartier's salary while he is preforming this "on the job" taining. The grant will pay 100% of Mr. Cartier's first two (2) months salary, 75% of his third months salary and 50% of his fourth months salary and 25% of his fifth and sixth months salary. The 1992 Budget contains $2,400.00 for part time building inspections and this will cover the balance of the season. Council Member Elliott moved to hire Mr. Cartier through the grant program for the upcoming construction season. Council Member Neal seconded the motion. Motion carried unanimously. Mayor Reinert asked that staff follow up with the City of Circle Pines on this matter. Town Homes in Wenzel Farms - Mr. Schneider explained that he had talked to Mr. Hokanson, developer of Wenzel Farms and he has agreed to install a sign as soon as possible which says, "Future Home of Wenzel Farms Town Homes ". This should eliminate the concern that people are purchasing homes in Wenzel Farms and are not aware that town homes will be constructed along Lake Drive. Construction Debris - Council Member Neal noted that he has received complaints about debris blowing from some new subdivision, more notably Wenzel Farms. It was also noted that some of the debris blowing in this area could be coming from the Forjay Green Houses. Mr. Schneider said he would be meeting with PAGE 19 305 306 COUNCIL MEETING APRIL 27, 1992 Mr. Menkveld, the developer of this area in the morning and will discuss this matter with him. Mayor Reinert noted that it is good public relations on the part of the developers to be sure that their area is clean and debris is not blowing on the neighbors property. Council Member Elliott moved to adjourn at 8:10 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on May 11, 1992. ? //�' Marilyn . Anderson, Clerk - Treasurer PAGE 20 Vernon F. Reinert, Mayor 1 1 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 64 RESOLUTION GRANTING VARIANCE WITH REGARD TO LOT WIDTH TO CERTAIN LOTS OF ULMER'S RICE LAKE ADDITION WHEREAS, there exists within the subdivision of Ulmer's Rice Lake Addition certain lots which are presently one hundred fifty (15) feet in width and were developed with the expectation that they could be subdivided at the time utilities were installed; and WHEREAS, the standards existing at the time of the development of said lots provided for seventy -five (75) foot lot widths in this area for lots served by utilities; and WHEREAS, the current standard under the Lino Lakes City Zoning Ordinance requires eighty (80) foot lots and therefore the resubdivision of the lots as originally contemplated would be in violation of the City Zoning Ordinance; and WHEREAS, the City Council deems it to be a hardship in the best interest of the City to grant a five (5) foot lot width variance so that the existing lots within the subdivision can be divided in accordance with the standards that were contemplated upon the original platting of the development; and WHEREAS, the cost to the owners of such lots for the extension of utilities would be prohibitive if such divisions were not allowed. NOW, THEREFORE, a variance is hereby granted allowing the subdivision of the following lots: 1. Lots 5 through 13, Block 1 of Ulmer's Rice Lake Addition (19- 31-22-12 and 19- 31- 22 -13) are hereby granted a variance from the lot width requirements to allow resubdivision of said lots to a minimum lot width of seventy -five (75) feet. 2. That no further action or applications are necessary by the property owners in order to be granted such variance. That the City staff is hereby allowed to take all necessary actions to grant such variances without further review by the City Council or Planning and Zoning Commission. 3. The applicant shall pay the amount of $200.00 for the City's Administrative cost for processing this matter. 307 308 RESOLUTION NO. 92 - 64 Page -2- 4. The applicant shall sign an agreement waiving their right to petition against a public improvement pursuant to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 27th day of April, 1992. Vernon F. Reinert, Mayor MarilyriJG.'Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Neal, Reinert, Elliott, Bergeson. The following voted against same: None, Kuether abstained. Where upon said resolution was declared duly passed and adopted. 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 -67 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1992 - 1993. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in Funding Year 1992 - 1992 in the amount of $31,192.00, and WHEREAS, The City is in the process of establishing a Surface Water Management Plan within the existing wetlands, and WHEREAS, There is a need to acquire property within existing wetlands for the purpose of implementation of said plan, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator Program which has been funded through C.D.B.G. Funds since it's inception, and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka Community Action Program, and WHEREAS, The City Council supports the RISE Program, designed to provide assistance to area residents with physical and /or mental handicaps in the form of job training and skills development, and WHEREAS, The City Council supports Alexandra House and its cause of assisting battered women and their children, 309 310 Resolution 92 -67 Page 2 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $13,567.00 of its 1992 - 1993 C.D.B.G. Funds be used in support of the City's Surface Water Management Program. 2. That the Lino Lakes City Council hereby requests that $ 9,800.00 of its 1992 - 1993 C.D.B.G. Funds be used in support of of the Senior Citizen Coordinator Program, designed to promote the the center's activities, programs and general operation. 3. That the Lino Lakes City Council hereby requests that $ 4,125.00 of its 1992 - 1993 C.D.B.G. Funds be designated for the Anoka County Community Action Program. 4. That the Lino Lakes City Council hereby requests that 51,100.00 of its 1992 - 1993 C.D.B.G. Funds be designated for RISE, Inc. of Anoka County, 5. That the Lino Lakes City Council hereby requests that $ 1,600.00 of its 1992 - 1993 C.D.B.G. Funds be designated for Alexandra House. Adopted by the Lino Lakes City Council this 9th Day of March, 1992 Marilyn G. ' nderson, Clerk /Treasurer Vernon Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert „ElliottBergeson , The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 92 - 68 RESOLUTION REGARDING EMERGENCY EASEMENT DOCUMENT ACCEPTANCE WHEREAS, during the course of City improvement projects it becomes necessary to acquire easements for streets, utilities and drainage purposes for the benefit of the residents of the City of Lino Lakes; and WHEREAS, it is necessary that the City Council accept all grants of easements to the City prior to the recording of easement documents; and WHEREAS, such acceptance must be affixed on the easement document prior to acceptance by the Anoka County Recorder's office; and WHEREAS, there are certain emergency situations where it is necessary to record easements with the City's acceptance prior to the regularly scheduled Council meetings; and WHEREAS, the City Council has the legal authority to delegate the responsibility for acceptance of such easements to City staff members; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That if, in the opinion of the City Engineer or the City Attorney, an emergency situation arises so that an easement must be accepted and recorded prior to the City Council meeting, that the City Clerk may affix the acceptance on behalf of the City and cause such easement document to be recorded. That the City Council shall be informed of such easement at its next regular scheduled Council meeting. Adopted by the Lino Lakes City Council is 27th day of April, 1992. OA/ Mari yn (l Vernon F. Reinert, Mayor Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 311