HomeMy WebLinkAbout04/25/1994 Council Minutes (2)1
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COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
APRIL 25, 1994
Staff members present: City Attorney, Bill Hawkins; City
Engineer, Darrell Schneider; Consulting Planner, Al Brixius;
Community Development Director, Brian Wessel; Planning
Coordinator, Mary Kay Wyland; Consulting Engineer, John Powell;
Chief of Police, David Pecchia; Police Officer's, Steve Mortenson
and Bill Hammes; City Administrator, Randy Schumacher and Clerk -
Treasurer Marilyn Anderson.
There were no changes to the agenda.
CONSENT AGENDA
Council Member Elliott moved to approve the consent agenda as
presented. Council Member Neal seconded the motion. Motion
carried unanimously.
ITEM DISPOSITION
MINUTES:
Regular Council Meeting, April 11, 1994 Approved
DISBURSEMENTS:
April 25, 1994 Approved
Centennial Fire Department Approved
REGULAR AGENDA
OPEN MIKE
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Swearing in New Police Officer, Kent Strege - Chief Pecchia
explained that he was happy to welcome to the Lino Lakes Police
Department the first of two (2) new police officers. He noted
that Mr. Strege has had experience in the private work section as
well as in the area of public safety. Mr. Strege introduced his
wife Carole and two (2) children.
Mayor Reinert gave the oath of office to Mr. Strege and welcomed
him to Lino Lakes.
Mary Altstatt, 6134 Ware Road presented a petition to the City
Council requesting that Ware Road be widened and improved. She
noted that all of the traffic from the new subdivisions in her
area drive south on Ware Road and she is terrified for the lives
of her children. Mrs. Altstatt also asked the City Council to
consider the condition of Ware Road before approving any new
subdivision in the area.
Mayor Reinert explained that the City Charter is restricting the
improvement of the street. Mr. Schumacher explained that Ware
Road is a MSA street and there are plans to upgrade and widen the
street in the near future. However, he explained that it did not
make sense to improve the street before the area is served with
utilities. Mrs. Altstatt said she had talked to Mr. Volk, the
Public Works Director and he suggested that it may be five (5)
years before an improvement is made. She felt that the situation
warranted correction now.
Mr. Schneider explained that a public hearing was held about two
(2) years ago with the residents along Ware Road and most of the
property owners felt the costs of the improvements were
prohibitive. Mrs. Altstatt felt that her section of Ware Road
will never be served by utilities because the area is mostly
wetlands. However the residents are receptive to the petition
for street improvements.
Mr. Schumacher explained that the City Council must work within
the Charter. Another neighborhood meeting could be scheduled to
determine if the situation has changed.
Council Member Neal asked if speeding was a big problem. Mrs.
Altstatt explained the problem is both speed and the width of the
roadway. She said she has called the Police Department many
times but felt the response was poor. Mayor Reinert noted that
in many instances, the speeders are local residents. However,
additional police patrol could be requested.
Mrs. Altstatt asked if the new developments could be assessed for
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COUNCIL MEETING APRIL 25, 1994
an improvement to Ware Road because they have created the
additional traffic problems. Mr. Schneider explained that this
problem has been recognized in the metro area and there is
pending legislation, however nothing has been enacted by the
legislature.
Mayor Reinert asked Mrs. Altstatt to take the petition and have
it completed and then present it to the staff. In the interim
the Police Department will be addressing the speeding problem.
Mayor Reinert explained to Mrs. Altstatt that a petition for
improvements requires 51% of affected property owners.
Mrs. Altstatt noted that road weight limits have been a big joke.
On Good Friday, Mrs. Altstatt counted 12 trucks and only one was
stopped. She asked where are the people who are suppose to be
serving the citizens of Lino Lakes. Mayor Reinert explained that
normally there is only one patrol officer on duty. These are
problems that come with a growing city.
Mayor Reinert asked that the Police Department to address this
concern.
PLANNING AND ZONING REPORT, MARY KAY WYLAND
Conditional Use Permit, Dog Kennel, 154 Pine Street - A request
for a private dog kennel on a 10+ acre parcel of land in an area
zoned Rural was considered by the Planning and Zoning Board. The
applicant has four (4) dogs and a private kennel would be a
conditional use in this area. Kennel Licenses are reviewed each
year for compliance to the City Code and are not renewed if the
City Council finds that maintenance of the kennel would be
injurious to the public health, safety and welfare.
The applicant has requested that he be allowed to keep his dogs
in an invisible fence. Other surrounding communities have had no
experience with this type of fence and the League of Minnesota
Cities has no information on the subject. The Planning and
Zoning Board moved to recommend approval of the request with the
following conditions:
1. If a determination is made by the CSO Officer that the
invisible fence does not operate properly, the owner will be
notified and within 20 days must install rigid fencing.
2. This permit will be good for one year only and shall expire
on May 1, 1995 at which time a new permit will be required
if necessary.
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COUNCIL MEETING APRIL 25, 1994
3. The invisible fence must be installed by June 1, 1994.
Council Member Elliott moved to approve the recommendation of the
Planning and Zoning Board with the conditions stated above.
Council Member Bergeson seconded the motion. Motion carried
unanimously.
Minor Subdivision and Ordinance No. 07 - 94, Rezone from Rural to
R -1B for Contractor Property Developers Company, 1585 Birch
Street - Mr. Brixius noted that the landowner has presented a
preliminary plat called Pheasant Hills Preserve East and is
proposing to divide a 2.96 acre parcel into four (4) lots. The
proposed plat is located east and adjacent to Sherman Lake Road.
The property is currently zoned Rural and the applicant is
requesting that it be rezoned R -1X. The proposed plat has been
found to be consistent with the official City Comprehensive Plan,
is compatible with present and future land uses of the area,
conforms with all performance standards contained in the
memorandum from the consulting planner dated April 7, 1994, use
can be accommodated with existing public services and will not
overburden the City's service capacity, and the traffic generated
by the proposed use is within the capabilities of streets serving
the property.
The proposed subdivision complies with all R -1X standards. Park
dedication is proposed to be cash and there will also be trail
dedication.
The concept plan for this subdivision is dated prior to the 1991
wetlands rules and will be allowed to develop under former
wetland rules.
Mr. Brixius recommended that the subdivision plan be approved
contingent upon the following stipulations:
1. Drainage and utility easements are established along
property lines in accordance with the provisions of the
Subdivision Ordinance. This item is subject to comment by
the City Engineer.
2. The Lino Lakes Park Board provide comment and recommendation
in regard to subdivision park dedication requirements.
3. The sanitary sewer and water plan is subject to review and
approval of the City Engineer.
4. The wetland mitigation plan is subject to review and
approval by the City Engineer.
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COUNCIL MEETING APRIL 25, 1994
5. The applicant must fulfill all permit/review criteria of the
U.S. Army Corps of Engineers, and the Rice Creek Watershed
District.
6. The Applicant shall enter into a development agreement with
the City.
7. Comments by other City Staff.
Mayor Reinert asked about the fourth lot containing an existing
home. Mr. Brixius explained that this lot is approximately
70,000 square feet and the rear of the lot is wetland. The rear
of this lot was considered for future splitting however, it was
used for wetland mitigation for the entire subdivision.
Council Member Elliott moved to adopt the FIRST READING of
Ordinance No. 07 - 94. Council Member Neal seconded the motion.
Motion carried unanimously.
Council Member Bergeson moved to approve the preliminary plat of
Pheasant Hills Preserve East. Council Member Elliott seconded
the motion. Motion carried unanimously.
Final Plat, Country Lakes Estates - This item was removed from
the agenda and will be placed on the May 9, 1994 agenda.
Consider Conditional Use Permit Extension, FinaMart, 7509 Lake
Drive - Ms. Wyland explained that FinaMart received a Conditional
Use Permit (CUP) in 1992 to allow for razing and rebuilding the
present structure. Due to the unavailability of capital funding,
FinaMart received a one-year extension of the CUP last year.
This extension expires May 1, 1994. FinaMart officials have -
indicated they intend to begin construction sometime this year
and have requested another one-year extension. Staff is
recommending that the CUP be extended to December 31, 1994 to
ensure that the construction does take place this year.
Council Member Bergeson felt it important to limit the time
extension since this is the second time an extension has been
requested. Council Member Neal explained that he had talked to
an employee of FinaMart who stated that the facility would be
closing in July for rebuilding.
Council Member Elliott moved to approve the extension of the CUP
through December 31, 1994. Council Member Bergeson seconded the
motion. Motion carried unanimously.
Consider Rezone of Behm's Century Farms - Mr. Schumacher
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explained that this matter was before the Planning and Zoning
Board last month and the Planning and Zoning Board recommended
denial of the request. A letter dated April 15, 1994 has been
received from the applicant outlining issues that are being
reviewed and a request that the City Council consider the new
issues and resubmit the application to the Planning and Zoning
Board for their reconsideration.
The developer, Gary Uhde and Mr. John Johnson, engineer were in
the audience. Mr. Johnson explained that his letter explains
points of important information that should be given to the
Planning and Zoning Board for their review.
Council Member Bergeson moved to refer the item back to the
Planning and Zoning Board for reasons indicated in Mr. Johnson's
letter dated April 15, 1994. Council Member Elliott seconded the
motion. Motion carried unanimously.
ENGINEER'S REPORT, DARRELL SCHNEIDER
Resolution No. 94 - 29 Approving Plans and Specifications and
Ordering Advertisement for Bids, Country Lakes Estates - Mr.
Schneider asked Mr. Powell to give a brief presentation on this
item. Mr. Powell used the overhead project and described the
area and the plans for improvement. He noted that since the
preliminary plat was approved by the City Council, Rice Creek
Watershed District has reviewed the subdivision and wetlands
delineation have been completed resulting in the loss of three
lots. The development is proposed to be completed in two (2)
phases beginning with the first phase on the western side of the
subdivision containing 25 lots. Phase I will include sanitary
sewer throughout the project as well as watermains and storm
sewers. An easement will be needed along the north side of Birch
Street from West Shadow Lake Drive to Fawn Lane. If an easement
cannot be negotiated, eminent domain will proceed. This is a key
easement.
Plans and specifications have been reviewed with the City
Engineer and the Public Works Director and some minor changes
have been made.
Council Member Bergeson asked if the City Council could approve
the plans and specifications and order the bids without first
approving the final plat. Mr. Powell explained that the plans
and specifications are consistent with the final plat which is
expected to be presented for approval at the next City Council
meeting. He also noted some urgency in moving forward so that
the construction can be completed during this construction
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season.
Mayor Reinert asked about the proposed trails noting the many
problems that have arisen because potential lot purchasers were
not given full information regarding the location of trails. Mr.
Powell noted that trails will be located along Birch Street and
also along the western edge of the subdivision. There will also
be a trail from the eastern cul-de-sac to the Living Waters
Church property.
Council Member Elliott moved to approve Resolution No. 94 - 29
Approving the Plans and Specifications for Country Lakes Estates
and Ordering Advertisement for Bids. Council Member Neal
seconded the motion. Motion carried unanimously.
Resolution No. 94 - 29 can be found at the end of these minutes.
ATTORNEY'S REPORT, BILL HAWKINS
Consideration of Accepting an Easement Grant from Donald Moore,
Aunt MM, Inc. (Shirley Kaye's) for the Lake Drive/Highway 49
Improvement - Mr. Hawkins explained that this is a temporary
easement to be used during the construction of the improvement.
Council Member Elliott moved to accept the easement. Council
Member Bergeson seconded the motion. Motion carried unanimously.
Consideration of Accepting Title to Outlots A, B, C and D, Apollo
Meadows for Use as Holding Ponds - The Apollo Meadows plat
contains four outlots that were intended for use as holding ponds
and are being used as holding ponds. Acceptance of the deeds
will convey title to the City. Council Member Bergeson moved to
accept the deeds. Council Member Elliott seconded the motion.
Motion carried unanimously.
Consideration of Accepting Easements for Wenzel Farms Trails -
This portion of Wenzel Farms is the town house addition. All
streets in this addition are private. Easements are needed over
the streets for trail use so that the trails in the entire Wenzel
Farms addition can be connected. Council Member Elliott moved to
accept the easement deeds. Council Member Bergeson seconded the
motion. Motion carried unanimously.
CONSIDERATION OF A PROPOSAL TO INCREASE ELECTION JUDGES SALARIES,
MARILYN ANDERSON
Anoka County has been encouraging municipalities to raise
Election Judges salaries for the past several years by offering a
subsidy. Many municipalities find it difficult to attract
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Election Judges because salaries are low. Although recent
legislation requires employers to pay their employee the
difference in salary, persons who are not employed outside of
their homes find it difficult to hire day care for small children
and still realize some benefit.
Currently, Lino Lakes Election Judges earn $5.00 per hour and
Head Judges and the Chief Judge earn $5.50 per hour. Anoka
County is encouraging municipalities to pay salaries of at least
$7.00 per hour and $7.50 per hour respectively. There is no
subsidy unless this recommended salary is paid. The 1994 Budget
contains $6,000.00 for Election Judges salaries. If the City
Council adopts salaries of $7.00 and $7.50 per hour, the total
salary budget would be $8,100.00. Anoka County would subsidize
$503.00 of the $2,100.00 increase and the capital outlay portion
of the budget could be reduced by another $500.00. An additional
$1,100.00 could be transferred from Administration salaries
because a Department Secretary was not hired on January 1, 1994
as planned.
The Lino Lakes Election Judges have not had a salary increase
since 1985. Although volunteering to serve as an Election Judge
is suppose to be a civic responsibility, nobody is going to
volunteer to perform a long and tedious job and not at least
break even or gain some benefit. Mrs. Anderson expressed her
appreciation for the work and support of the Election Judges
staff and recommended that the City Council adopt her
recommendation of the salary increase to $7.00 per hour for
Election Judges and $7.50 per hour for Head Judges and the Chief
Judge.
Council Member Elliott moved to approve the Election Judges
salary increase. Council Member Neal seconded the motion.
Motion carried with Council Member Bergeson abstaining because
his wife is a Head Judge and voting may be a conflict of
interest.
CONSIDERATION OF SECOND READING, ORDINANCE NO. 06 - 94 AMENDING
THE GAMBLING ORDINANCE, SUBDIVISION 611.08 LEASES, BY ADOPTING
STATE STATUTE 349, SECTION 349.18, SUBDIVISION 1, LEASE OR
OWNERSHIP REOUIRED
This draft ordinance was presented to the City Council at the
April 11, 1994 Council meeting. Since that time there has been
no comments or suggested changes or amendments. Council Member
Bergeson moved to adopt Ordinance No. 06 - 94 and dispense with
the reading. Council Member Elliott seconded the motion. Motion
carried unanimously.
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Ordinance No. 06 - 94 can be found at the end of these minutes.
CONFIRMATION OF HIRING SANDRA WOOD AS PARKS AND RECREATION
SECRETARY, RANDY SCHUMACHER
Mr. Schumacher explained approximately 60 applications were
received for this position. Ms. Wood has skills and a background
in recreation and is an ideal candidate for this position. Her
references and background check were positive. Ms. Wood is
replacing Carole Kohler who is resigning for health reasons.
Council Member Bergeson moved to confirm the employment of Sandra
Wood. Council Member Elliott seconded the motion. Motion
carried unanimously.
OLD BUSINESS
Consideration of Amending Original City of North Oaks Building
Inspections Agreement Setting a Minimum Round Trip Fee, Randy
Schumacher - Mr. Schumacher recommended an amendment to the
current Agreement which would change the existing form of billing
to a simple $40.00 per inspection. The North Oaks City Council
has agreed to the change.
Mayor Reinert asked how much time per year does our Building
Inspector spend in North Oaks. Mr. Schumacher explained
currently it is approximately four (4) to five (5) hours per
week. However, most of their issues have been resolved and he
expected that the time will be reduced to four (4) or five (5)
hours per month.
Council Member Neal -moved to adopt the $40.00 per inspection fee.
Council Member Bergeson seconded the motion.
NEW BUSINESS
Consideration of a Block Party Application for Joyer Lane,
Marilyn Anderson - The block party is planned for May 22, 1994
and is the type of block party encouraged by the Police
Department as part of their community based crime prevention
program. The Public Works Department has expressed concern about
safety issues when a portion of Joyer Lane is blocked. However,
Police Chief Pecchia said that his officers would stop by and
instruct the responsible parties regarding allowing an emergency
entrance.
Council Member Elliott moved to approve the block party. Council
Member Bergeson seconded the motion. Motion carried unanimously.
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APRIL 25, 1994
Consideration of Waiving Certain Provisions of the Peddler's
Ordinance for the VFW Poppy Sale, Marilyn Anderson - Ordinance
No. 01-89, "Peddler's Ordinance" contains two (2) provisions that
the Circle -Lex VFW Post 6583 is requesting be waived for their
annual Poppy sale. The two (2) provisions are listed in Section
6. Prohibited Practices, A) "Sell or solicit before the hour of
9:00 A.M. or after 9:00 P.M. unless a previous appointment has
been made", and D) "Occupy as a transient merchant, solicitor or
peddler, any public right-of-way or other public property for the
purpose of advertising and/or conducting business". The Circle -
Lex VFW requested that similar restrictions be waived in Circle
Pines and Lexington and were granted the waiver.
Police Chief Pecchia has discussed this request with the Police
Officers and has decided that there should be no problem provided
that the persons selling Poppy's wear orange vests.
Council Member Bergeson moved to waive Items A and D under
Section 6 of the Lino Lakes Peddler's ordinance. Council Member
Elliott seconded the motion. Motion carried unanimously.
PROCLAMATION: Earth Day, May 7, 1994 - The City's annual Earth
Day clean-up and celebration activities are scheduled for
Saturday, May 7, 1994. They will be held at the Joseph E. Wargo
Nature Center. Celebration activities will include
representatives from various organizations throughout the City.
Part of the activities include the reading of the proclamation.
Council member Bergeson moved to approve the proclamation.
Council Member Neal seconded the motion. Motion carried
unanimously.
PROCLAMATION: Arbor Month, May, 1994 - The City of Lino Lakes
has taken an active part in the annual Arbor Day celebration over
the past several years. This year the celebrations will take
place on Tuesday, May 3, 1994 at the Lino Lakes Elementary School
and Friday, May 6, 1994 at the Rice Lake Elementary School. The
proclamation, if approved, will be read at each of these
ceremonies.
Council Member Bergeson moved to approve the proclamation.
Council Member Elliott seconded the motion. Motion carried
unanimously.
NOTICE: All Boards and Commissions Meeting, Wednesday, April 27,
1994. Mayor Reinert noted that this is a public meeting and the
public is invited.
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Council Member Neal moved to adjourn at 7:28 P.M. Council Member
Elliott seconded the motion. Aye.
These minutes were considered, corrected and approved at a
regular City Council meeting held on May 9, 1994.
Marilyn;. Anderson, Vernon F. Reinert,
Clerk -Treasurer Mayor
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Council Member Bergeson introduced the following ordinance and
moved its adoption:
CITY OF LINO LAKES
ORDINANCE NO. 06 — 94
AN ORDINANCE AMENDING THE GAMBLING ORDINANCE, SUBDIVISION 611.08
LEASES BY ADOPTING STATE STATUTE 349, SECTION 349.18, SUBDIVISION
1, LEASE OR OWNERSHIP REQUIRED.
Section No. 1. Section 611.08 is hereby amended to read as
follows:
611.08 Leases. Leases to an organization for lawful
gambling shall have a monthly rental payment as outlined in State
Statute 349, Section 349.18, Subdivision 1. Lease or ownership
required. Said monthly payment shall include heat, electricity,
and janitorial services.
Section No. 2 This ordinance shall take effect upon its
passage and publication according to the City Charter.
Passed this 25th day of April
ATTEST:
, 1994.
Vernon F. Reinert, Mayor
Ma�ate;, ,��
rilyn A derson, Clerk -Treasurer
The motion for the adoption of the foregoing ordinance was seconded
by Council Member Elliott and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott, Neal,
Reinert.
The following vote against same: None, Council Member Kuether was absent.
Whereupon said ordinance was declared duly passed and adopted.
Council Member Elliott introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94- 29
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS, COUNTRY LAKES ESTATES, PHASE 1.
195
WHEREAS, pursuant to a resolution passed by the Council on August 9, 1993, the City
Engineer has prepared plans and specifications for the Country Lakes Estates, Phase 1
Improvements, and has presented suchplansand specifications to the Council for
approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a
part hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and
the Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The
advertisement shall be published for two days, shall specify the work to be
done, shall state that bids will be opened and bids will be received by the City
Clerk until 10:00 AM on Monday, May 23, 1994 at which time they will be
publicly opened in the Council Chambers of the City Hall by the City Clerk and
Engineer, will be tabulated and will be considered by the Council at 6:30 PM on
Monday, May 23, 1994 in the Council Chambers. Any bidder whose
responsibility is questioned during consideration of the bid will be given the
opportunity to address the Council on the issue of responsibility. No bids will
be considered unless sealed and filed with the Clerk and accompanied by a
cash deposit, cashier's check, bid bond or certified check payable to the Clerk
for five (5) percent of the amount of such bid.
Adopted by the Lino Lakes City Council this 25th day of pri1, 1994.
C lykk dr
Marilyn G.nderson, Clerk -Treasurer
Vernon F. Reinert, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the
following voted in favor thereof: Bergeson, Elliott, Neal, Reinert.
The following voted against same: None, Council Member Kuether was absent.
Where upon said resolution was declared duly passed and adopted.