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HomeMy WebLinkAbout05/23/1994 Council MinutesCOUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES MAY 23, 1994 ............................................................................................ ............................................................................................ TIME . STARTED ............................................................................................ TIME... ENDED_...;.::.........:+:.._.:28.... ...........................:...............................................:................ ............................................................................................ MEMBERS PRESENT: Reinert ..::.........::...:.::.:...............:..............................................:..... MEMBERS ABSENT • Elliott: ............................................................................................ Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. CHANGES TO AGENDA Mr. Schumacher asked that an item be added to New Business entitled, "Joint City Council and Planning and Zoning Board Meeting". CONSENT AGENDA ITEM MINUTES: See New Business DISBURSEMENTS: May 23, 1994 Centennial Fire Department REGULAR AGENDA OPEN MIKE DISPOSITION Approved Approved Designate Police Chief Pecchia as Federally Approved Emergency Preparedness Director - Mr. Bruce Wojak, Anoka County Emergency Services Director and Manger of 911 explained that he has known Chief Pecchia for a number of years. Chief Pecchia has completed PAGE 1 1 1 1 1 1 20 / COUNCIL MEETING MAY 23, 1994 the necessary class work through the Federal Emergency Management Association (FEMA) and Mr. Wojak presented Chief Pecchia a certificate naming him as the Lino Lakes emergency director. Mr. Wojak also noted that this certificate allows Chief Pecchia to apply directly for federal dollars in the event of an emergency. Chief Pecchia was congratulated by the City Council. Mary Altstatt, 6134 Ware Road - Mrs. Altstatt presented a petition requesting that Ware Road be widened and a bike/pedestrian path be constructed at the side of Ware Road. She noted that there are 43 residents on Ware Road and 27 have signed the petition. Mayor Reinert accepted the petition noting that a copy of the petition will be sent to Mrs. Altstatt and also noting that Chief Pecchia will be meeting with her neighborhood tomorrow evening. Mrs. Altstatt asked the City Council what they will do for the residents along Ware Road. Mayor Reinert explained that the petition will be verified by the City Clerk and then sent to the City Engineer for calculation of cost estimates. Mrs. Altstatt explained that all the residents feel the street should be widened, however none of them are interested in sewer and water utility services. Mayor Reinert explained that the problem will be review by staff. If the problem is traffic control, it can be handled without any construction. He explained that staff will be reviewing the petition taking into consideration the most effective way to handle the problem with tax payers dollars. Mrs. Altstatt explained that the problem is not just traffic. She explained that in going door to door to get signatures on the petition she found that the City Council does not have a very good reputation and is not pleasing many people. Mrs. Debbie Carpenter, 6474 Ware Road asked if Ware Road is widened will the adjoining residents be assessed. Mr. Schneider explained that Ware Road is a State Aid road and because if would be constructed to heavier than residential standards would receive state aid. However, the City has a policy that states every lot is expected to pay for the normal residential assessment which is about $50.00 a foot. This figure would include street construction, curb, gutter and some drainage. Mr. Schumacher explained that not everyone is looking for the same solution. He noted that a feasibility study would be required and staff must follow the City Charter. Mr. Schneider said that after the feasibility study is prepared a PAGE 2 COUNCIL MEETING MAY 23, 1994 neighborhood meeting would be held to discuss the project and to see if the neighborhood is still interested in the project. He also explained that assessments would be spread over 15 years and builders off of Ware Road cannot be assessed because it cannot be shown that there is improvement to their property. Mr. Carpenter explained that the south end of Ware Road is not developed and asked if Ware Road is upgraded now and then further development takes place, would the new road be torn up. Mr. Schneider said yes if sewer and water is not put in when the new road is constructed. Mr. Schneider noted that the normal design life of a road is 20 years. Mrs. Altstatt explained that she had called the state and found that when Second Avenue and Fourth Avenue were improved, there were no assessments. Mr. Schneider explained that this was not the case. Mrs. Carpenter asked when the informational meeting would be held. Mr. Schneider explained when the information is available, a letter will be sent to all the residents letting them know when the meeting will be held. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Lot Re -Alignment, Steve Andre, 495 and 545 Ash Street - This property is zoned Rural and is located on the north side of Ash Street and east of Ware Road. Several years ago a metal shed and driveway were located on a portion of property that has been determined not to belong to Mr. Andre. A dispute over the boundary line resulted. Both parties agreed to allow the Anoka County Mediation Services to mediate the problem. A lot reconfiguration is being proposed. Parcel A, as shown on a Certificate of Survey, will be added to the parcel to the east, thereby eliminating the previous encroachment. Parcel B will be added to the property to the west compensating for the reduction in that parcel. Staff has reviewed the lot reconfiguration and agree that this is a workable solution. Both property owners have signed Quit Claim deeds subject to approval of the City Council. The Planning and Zoning Board recommend approval of the request. Council Member Bergeson moved to approve the re -alignment of lots as proposed. Council Member Neal seconded the motion. Motion carried unanimously. Lot Re -Alignment, Al Matheson, 7140 Sunset Road - Mr. Matheson is in the process of selling his property, at 7140 Sunset Road. The area is zoned Single Family Residential (R-1) and the PAGE 3 1 1 1 1 1 COUNCIL MEETING MAY 23, 1994 properties along Sunset Road are within the MUSA boundary. Mr. Matheson owns two (2) separate parcels (Lots 7 & 8, Block 2, Lexington Park Lakeview) and discovered that his out -buildings were actually located over the property line of the vacant lot. To correct this problem and facilitate the sale of his homesite and adjoining lot, Mr. Matheson is proposing to add 24.5 feet from Lot 8 to Lot 7. This would give Lot 7 a width of 149 feet and Lot 8 a width of 100 feet. Staff has reviewed the request and is recommending approval of the re -alignment. Sewer and water utilities are available from the City of Blaine to serve the vacant lot. The lot width of 100 feet is more than adequate to meet the requirements of the Zoning Code. The Planning and Zoning Board has reviewed the request and recommends that the City Council approve the re -alignment. Council Member Kuether moved to approve the re -alignment request with the condition that a Park Dedication fee be collected with the building permit for Lot 8, Block 2, Lexington Park Lakeview. Council Member Neal seconded the motion. Motion carried unanimously. Site Plan Review for U -DOR USA, Apollo Business Park - Ms. Wyland explained that is a request to allow construction of a 6,000 square foot office/warehouse structure in Apollo Business Park. The property is zoned General Industrial (GI) and the Economic Development Authority Advisory Board (EDAAB) has determined that this is the type of established and growth oriented business that is well suited for the Business Park. EDAAB is recommending approval of the U -Dor USA project. The proposed building meets setback requirements, height requirements, and landscaping/buffering requirements. Following completion of the proposed expansion, plantings will be located to the rear of the property line to provide an appealing view from I -35W. This item will be incorporated into the Development Agreement for site improvements. The building appears to be aesthetically compatible with buildings already in the Business Park and those proposed to be constructed in the future. Noise from the operation of the business must be compatible with the surrounding area, off-street parking is proposed to meet all ordinance requirements, access and circulation will be accomplished by way of a shared driveway arrangement recommended by Anoka County. Trash handling facilities are indicated on the site plan and shall be properly screened from view. Off street loading areas are not indicated on the site plan and should be so designated. A lighting plan will be required and it shall provide off-street parking areas to be illuminated so as to reflect light away from adjoining property. Signs will be pre - PAGE 4 2 t.l COUNCIL MEETING MAY 23, 1994 formed plastic letters and will be in conformance with the Sign Ordinance. Grading and drainage plans will be provided to the City Engineer for his review and approval. These plans will include location of utility and drainage easements as determined by the City. Staff, EDAAB and the Planning and Zoning recommend approval of the site plan with the following conditions: 1. The applicant sign a development agreement and post financial guarantees as specified by the City prior to issuance of any building permits. 2. A revised site plan shall be submitted indicating lighting which shall be directed away from adjoining properties, delineated parking areas incorporating the requirements of the ADA rules and regulations, detailed landscape plan indicating species, types and sizes and including that area adjacent to I35W, signage, loading areas, and other items as requested by staff. 3. Noise levels emitted from the facility shall not constitute a nuisance as defined by the City Code or exceed applicable PCA standards. 4. Total number of employees shall be specified to confirm compliance with off-street parking requirements. The applicant has indicated that there will be three (3) full- time and two (2) part-time employees. 5. Trash handling equipment shall be contained in a closed container and screened from the front property line. 6. The City Engineer shall review and approve the site drainage and grading plan. 7. A shared driveway access agreement shall be submitted and approved by the City Engineer. 8. Comments from other City staff. Mr. Wessel explained that this project has been before EDAAB for the past six (6) months and gave a brief background on the business. U -DOR USA is a national distribution center for agricultural and horticultural spray pumps manufactured in Italy. This financially well backed company has demonstrated strong and consistent growth over its five (5) year existence. The business has outgrown is current site in Blaine and Vice President, Gordy Johnson, a longtime resident of Lino Lakes wishes to purchase a PAGE 5 1 1 1 1 1 1 COUNCIL MEETING MAY 23, 1994 one -acre site in the southeast corner of the Apollo Business Park. U -DOR USA is planning to build a one-story concrete block facility consisting of office and warehouse space. Initially the facility will be 6,000 square feet with plans for a 6,000 square foot future expansion. U -DOR USA is planning to complete construction before winter., Mr. Wessel explained that this project is the type of established and growth oriented business well suited for the Apollo Business Park. U -DOR USA is in agreement with the quality of construction that the City is seeking. The construction of this business on the City owned portion of the Apollo Business Parks is, in the opinion of EDAAB, an excellent use of the site and a significant step toward accomplishing its economic development plans for the Park. EDAAB recommends approval of the project. Ms. Wyland explained that the lot does require a variance because a three (3) acre lot is required in the General Industrial zone. Later this summer, the City owned portion of the Apollo Business Park will be replatted. The replat will correct lot configurations. Council Member Kuether moved to approve the site and building plan and variance including the seven (7) provisions listed above. Council Member Neal seconded the motion. Motion carried unanimously. ENGINEER'S REPORT, DARRELL SCHNEIDER Resolution No. 94 - 31, Accepting Bids for Country Lakes Estates, Phase I - Mr. Schneider asked that this item be placed under New Business, Item F to allow time for further investigation of the bid. ATTORNEY'S REPORT, BILL HAWKINS Consideration of Accepting Easement for the 24th Avenue (Elmcrest Avenue) Bridge Replacement Project from Linda L. Ide, 79th - 24th Avenue - Mr. Hawkins explained that the bridge replacement project on 24th Avenue is moving forward with the City of Hugo acting as the lead governmental agency. An easement is needed from a Lino Lakes resident and the City of Hugo asked that this easement be filed at Anoka County. The City of Lino Lakes must first adopt a motion accepting the easement deed before it can be properly filed. Council Member Bergeson moved to accept the easement from Linda L. Ide. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 6 2 k 2 COUNCIL MEETING MAY 23, 1994 The City Council took a recess at 7:05 P.M. to go to a closed session to discuss the Reshanau Park Estates Home Owner's Association Litigation and the Lake Amelia Town Home Litigation. The City Council returned from the closed session at 9:00 P.M. CONSIDERATION OF A PROPOSAL FOR FUNDING THE COMMUNITY/TEEN CENTER, RANDY SCHUMACHER At the last City Council meeting, a request was received from a citizens group for a donation to the proposed Community/Teen Center to be located in Circle Pines. Mr. Schumacher was requested to determine if Community Development Block Grant (CDBG) funds could be used for this purpose. Mr. Schumacher explained that CDBG funds must benefit low and moderate income persons. The CDBG funds could be used if there was a charge or fee to use the Center. Those persons qualifying for the funding would be given funds for using the facility. However, the CDBG funds cannot legally be used as originally requested. Another concern has surfaced about the site for the future Center. Contaminated soil on the site is being investigated by the Pollution Control Agency. Mr. Schumacher recommended that the City Council take no action on the matter until the impact of this information is known. Council Member Kuether asked if the Center were to proceed, where would the City of Lino Lakes get money to donate to the Center. Mr. Schumacher explained that at this time there is no flexibility in the General Fund Budget. He will give further information to the Council as it becomes available. CONSIDERATION OF FIRST READING OF ORDINANCE NO. 08 - 94 REGULATING THE USE OF BURGLAR AND SAFETY ALARMS, ESTABLISHING USER'S FEES AND ESTABLISHING A SYSTEM OF ADMINISTRATION, POLICE CHIEF PECCHIA Chief Pecchia explained that when he reviewed the false alarm calls in 1993, he found that there was an extremely large amount of such calls. He further explained that the false alarm calls for 1994 is currently exceeding the 1993 rate. False alarm calls require the police officers to respond with red -lights and siren. The proposed ordinance would establish an alarm user's fee and a system of administration for documenting and addressing the issue. The purpose of the ordinance is to protect the public safety services of the City from misuse of public safety alarms and to provide the maximum possible services to public safety PAGE 7 1 1 1 1 1 1 COUNCIL MEETING MAY 23, 1994 alarm users. Council Member Neal moved to adopt the FIRST READING of Ordinance No. 08 - 94 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Kuether asked if the owners of alarm systems will be notified of the new ordinance. Chief Pecchia explained that there will be some information in the local newspapers and each time an officer respond to an alarm, a large orange warning tag is given to the property owner or placed on their door. CONSIDERATION OF FIRST READING OF ORDINANCE NO. 09 - 94 AMENDING SECTION 402, MUNICIPAL SANITARY SEWER SERVICE, MARILYN ANDERSON Subdivision 3 of Section 402 currently states the dollar amount that is to be collected and sent to the Metropolitan Waste Control Commission (MWCC) every time a new home or commercial building permit is issued. This is called the SAC charge. Each year the MWCC increases this dollar amount and currently the charge is $800.00. The City Code should be amended to either read the current dollar amount or amended to read, "based on the sum established annually by the MWCC". If the City Council adopts the above mentioned language, the City Code will not have to be amended each year that the MWCC changes the rate. Council Member Bergeson moved to adopt the FIRST READING of Ordinance No. 09 - 94 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF A RECOMMENDATION TO HIRE MICHAEL KRECH AS ENGINEERING TECHNICIAN, RANDY SCHUMACHER Mr. Schumacher explained that the City received more than 40 applications for the Engineering Technician position. Mr. Krech was selected based on his municipal experience, computer experience and technical skills. Mr. Krech's prior employer was the City of Inver Grove Heights. Council Member Neal moved to approve the hiring of Michael Krech as Engineering Technician. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF A RECOMMENDATION TO HIRE RENEE' KAULFUSS AS POLICE DEPARTMENT MANAGER, RANDY SCHUMACHER Mr. Schumacher explained that the City received more than 60 applications for this position. Ms. Kaulfuss was selected based on her municipal experience, computer experience, secretarial skills and supervisory skills. Ms. Kaulfuss' prior employer was PAGE 8 t COUNCIL MEETING MAY 23, 1994 the City of Arden Hills. Council Member Kuether said she was unaware the there was to be a reorganization of the Police Department office staff. She asked what pay rate was offered to Ms. Kaulfuss. Chief Pecchia said $24,000.00 per year during the probationary period with a raise after successfully completing the probationary period. Council Member Kuether asked what salary was paid to the two (2) part- time employees. Chief Pecchia explained between $7.00 per hour to $8.00 per hour. He noted that going from part-time employees to full-time employees will require an extra $2,000.00 to $4,000.00 for this year. This money will be found within the current Police Department Budget. Mr. Schumacher explained that this proposed change in staffing was a part of the re -organization of the Police Department and discussed during the budget work sessions. A certain level of office and supervisory skills are required to implement the re- organization of the Police Department. Council Member Neal moved to approve the hiring of Renee' Kaulfuss as Police Department Office Manager and make full-time status contingent upon successful completion of a six (6) month probationary period. Council Member Bergeson seconded the motion. Motion carried unanimously. OLD BUSINESS Update Regarding District Memorial Hospital (DMH) - Mr. Schumacher explained that he attended a meeting with DMH and Fairview Hospitals. They are in the process of getting input from each community in the Hospital District to see what each community wants or needs for services. The meeting was progressive and positive. Currently, in the state of Minnesota, there is a moratorium on building new hospitals. The proposed regional hospital to be located near the City of Wyoming would require an exemption from the moratorium. Mr. Schumacher explained that DMH will have to determine what is to happen to the current facility in the event a new hospital is constructed. There are several possibilities for the use of the current hospital. At this time everyone is "pulling together" for a positive resolution to the status of DMH. Mr. Schumacher will keep the City Council updated on this matter. NEW BUSINESS Consideration of Council Minutes of May 9, 1994 - Council Member Neal moved to approve the minutes as presented. Council Member PAGE 9 1 1 1 1 2 3 COUNCIL MEETING MAY 23, 1994 Kuether seconded the motion. Motion carried unanimously. Consideration of Board of Review Minutes, April 18, 1994 - Council Member Kuether moved to approve the minutes as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Neal abstaining. Consideration of a Request for Consumption of Beer in Sunrise Park - Mrs. Anderson explained that occasionally she receives requests from groups who want to picnic in a City park and consume beer or alcoholic beverages. Recently such a request was received from the Centennial Senior High School staff. Currently the City Code does not allow the consumption of beer or alcoholic beverages in any City Park because the City Council has not designated a specific area for such activity. Ms. Anderson requested and received information from Kelly Agency regarding insurance coverage in the event that a person becomes intoxicated and leaves the park and has an accident. Kelly Agency recommends that the City Council continue the current policy of not allowing beer or alcoholic beverages in City parks because of the potential for liability in the event of an accident. The current policy also makes it easier to respond to requests for such use of the parks. Taking no action on the above described request will have no effect on non-profit groups applying for a license to sell beer in the City parks since each group must supply proof of dram shop insurance. Council Member Kuether moved to take no action on this matter which means that there will be no areas in the City parks where beer or alcoholic beverages can be consumed. Council Member Bergeson seconded the motion. Motion carried unanimously. NOTICE: League of Cities Annual Conference, June 7-10, 1994 - All persons wishing to attend this conference should notify the City Clerk so that she can register them. Setting Meeting with Planning and Zoning Board - This meeting was set for 5:30 P.M., Monday, June 6, 1994. Consideration of Resolution No. 94 - 31 Accepting Bids for County Lakes Estates, Phase I - Mr. Schneider explained that bids were received and opened at 10:00 A.M. this morning. He noted that there are some questions that he has regarding easements and permits that need to be answered before he could give a recommendation. Council Member Kuether moved to delay action on this resolution until the June 13, 1994 City Council meeting. PAGE 10 26 COUNCIL MEETING MAY 23, 1994 Council Member Neal seconded the motion. Motion carried unanimously. Mrs. Joyce Scharpen, 801 Main Street asked if the City Council considered holding closed Council meetings at the end of the regular agenda. She noted that the audience waited approximately one and one half hours for the City Council to return from closed session to finish the business on the agenda. Mayor Reinert explained that the closed session was held during the City Attorney's Report but it could be placed at the end of the agenda. Mayor Reinert noted that the closed meeting lasted longer than anticipated. Council Member Bergeson moved to adjourn at 9:28 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting held on June 13, 1994. 6/R ef-e/1_,62YL Marlyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 11 1