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HomeMy WebLinkAbout04/25/1994 Council Minutes (2)1 1 1 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 PAGE 1 84 COUNCIL MEETING APRIL 25, 1994 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 PAGE 2 1 1 1 1 1 1 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. PAGE 3 186 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. PAGE 4 1 1 1 1 1 1 187 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 PAGE 5 COUNCIL MEETING APRIL 25, 1994 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 PAGE 6 1 1 1 1 1 COUNCIL MEETING APRIL 25, 1994 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 PAGE 7 1 COUNCIL MEETING APRIL 25, 1994 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. PAGE 8 1 1 1 119« COUNCIL MEETING APRIL 25, 1994 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. PAGE 9 COUNCIL MEETING 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. PAGE 10 1 1 1 1 1 COUNCIL MEETING 193 APRIL 25, 1994 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 PAGE 11 4 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.