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HomeMy WebLinkAbout04/10/1995 Council Minutes21 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES APRIL 10, 1995 Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; 20/20 Coordinator, Kim Sullivan; Community Development Director, Brian Wessel; Fire Chief, Milo Bennett; Police Chief David Pecchia; Building Inspector, Peter Kluegel; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA: Mr. Schumacher added Agenda Item No. 14D, Joint Powers Agreement with the City of Centerville. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda as presented. Council Member Elliott seconded the motion. Motion carried unanimously. ITEM MINUTES: Council Meeting, March 27, 1995 REGULAR AGENDA OPEN MIRE DISPOSITION Approved Introduction of Anoka County Director of Parks, John Vondelinde - County Commissioner, Margaret Langfeld introduced Mr. Vondelinde and explained that Lino Lakes is so involved with the Rice Creek Chain of Lakes County Regional Park Reserve, she wanted to be sure that Lino Lakes City Council met him and understood his PAGE 1 1 1 1 COUNCIL MEETING APRIL 10, 1995 manner of operating a park system. Mrs. Langfeld assured the City Council that the County will work with the City in the area of park development. She also said that she hoped that some development could be done more cooperatively with the City than was done in the past. Mr. Vondelinde explained that he has been Director of Anoka County Parks for 13 weeks and so far is enjoying the position. He felt that Anoka County had an outstanding park system. He said he was pleased to be part of the park team and noted the level of commitment that the County Board of Commissioners has given to the park system. Mr. Vondelinde said he was looking forwarded to working together with the municipalities who have County Parks in their jurisdiction. Mr. Vondelinde noted that he started his career in Anoka County as the first manager of the Coon Rapids Dam Regional Park. He explained that a Comprehensive Park System Plan is currently under development which is also called 20/20 Vision. Part of the plan development will include public participation. The plan will provide an opportunity to define the appropriate roll for parks and recreation between the County and the City. This should help avoid duplication of services and develop a better understanding of each others leisure service delivery systems so that the City and County can work together in collaborate efforts. Some proposals for cooperation may be in the area of trails networking, equipment sharing such as in the Oak Wilt Control Program, joint programming for recreation services and marketing services. Some projects planned for 1995 in the Rice Creek Chain of Lakes County Regional Park Preserve include golf course improvement at the Chomonix Golf Course, removing the old club house on the north end of Reshanau Lake and converting the area into a public open space that can be used for tournament picnics and events. The County is applying for funding for a prairie restoration project north of the Wargo Nature Center. The area contains about 14 acres where an oaks savannah prairie will be introduced. A representative from the Lino Lakes Park Board, who is also a member of the Friends of the Parks Organization, has contacted Mr. Vondelinde regarding a proposal for a golf fund raiser to benefit parks in Lino Lakes. He is working with this group to organize a fall afternoon fund raiser. Mr. Vondelinde said he hopes to get some marketing from this event as well as build the cliental base at the golf course. PAGE 2 21 21 COUNCIL MEETING APRIL 10, 1995 Mr. Vondelinde noted that Earth Day celebration is scheduled for April 22, 1995 at the Wargo Nature Center. It is a joint venture between the Lino Lakes Parks and Recreation Department and the Anoka Parks System. Mr. Vondelinde expects 800 to 1,000 participants in this program and noted the interesting events planned for that day. Mr. Vondelinde noted that the Heritage Lab will be held again this year at the Wargo Nature Center. This is a very popular program. Mr. Vondelinde also noted that swimming lessons will be held at the County beach on Centerville Lake. This is a coordinated effort between the Lino Lakes Parks and Recreation Department and the Anoka County Parks System. The Park Rangers will be helping with the regional VFW parade on April 29, 1995. They will help with crowd control. Mr. Vondelinde thanked Mr. Wessel, Ms. LaForest and Mr. Schumacher for the opportunity to work with them on the proposed land exchange involving the Regional Park. Although the original proposal was not approved by the Metropolitan Parks and Open Space Commission, another proposal has been prepared and it is hoped that it will be better received. Mayor Reinert welcomed Mr. Vondelinde and said that the City Council is looking forward to working with him. Mr. Schumacher said that Mr. Vondelinde has accomplished more in the two (2) months than was accomplished in the past five (5) to ten (10) years and welcomed him. Mr. Schumacher felt that Mr. Vondelinde has put a lot of good energy forward and this says lot about Anoka County and what they feel about the County Regional Park. Staff is looking forward to working with Mr. Vondelinde as they have in the past two (2) months. CONSIDERATION OF DISBURSEMENTS a March 31, 1995 - Council Member Kuether moved to approve these disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. April 10, 1995 - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried' unanimously. Centennial Fire District - Council Member Elliott moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 3 1 1 1 COUNCIL MEETING APRIL 10, 1995 CONSIDERATION OF FRIENDS OF THE PARK DONATION FOR EARTH DAY, MARTY ASLESON Mr. Asleson explained that the second Earth Day celebration will be hosted by the City of Lino Lakes at the Wargo Nature Center in the Rice Creek Chain of Lakes County Regional Park Reserve. The celebration is scheduled for Saturday, April 22, 1995. There will be activities, exhibitors, and a formal ceremony with the focus on environmental awareness. These activities will follow a City wide clean-up, spruce -up activity that includes many volunteer residents and the Adopt -a -Highway people. The quad - City area will join us this year in the celebration. Each city is responsible for their own clean-up projects. Mr. Asleson explained that a copy of the agenda for the celebration has been included in the Council packets. The ceremony will begin at 11:15 A.M. Dollars have been accepted by the Friends of the Parks Foundation from the Circle -Lex Lions, Centennial Fire Relief Association and the Lexington Fire Relief Association to cover the costs of the event. The total contribution to the Friends of the Parks was $1,250.00. All surplus funds will be left in the Friends of the Parks Foundation treasury to help fund future Earth Day events. Mr. Asleson requested approval of expenditures of these funds to cover the cost of the Earth Day events. Council Member Elliott moved to approve this request. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF THE CITY ATTORNEY'S REPORT, BILL HAWKINS Mr. Hawkins explained that the City Council had directed him to address the Charter provisions concerning initiative and referendum and draft a written analysis of these provisions. The City Council also requested that he draft comments relating to each of the four (4) petitions submitted to the City Council for their consideration. Mr. Hawkins provided each Council Member with a letter he had written dated April 10, 1995. This letter explains the provision of the City Charter relative to initiative and referendum, procedures for preparing petitions for initiative and referendum, how petitions are determined to be sufficient or insufficient, a detailed analysis of each petition and a statement determining that none of the four (4) petitions are sufficient. Mr. Hawkins explained that all the petitions lacked the required number of signatures and proper certification of the signatures. PAGE 4 21 21' COUNCIL MEETING APRIL 10, 1995 Mr. Hawkins suggested that the City Council adopt a motion determining that the petitions are insufficient and direct the City Clerk to return them to the sponsoring committee with a statement of the deficiencies. He also suggested that the City Clerk give the petitioners a copy of his written analysis of the petitions. Mr. Hawkins also suggested that the City Council determine if they want to refer the petition for increased notification and cap on residential development to the Planning and Zoning Board for study and a report. The City Council would have the authority to adopt ordinances that are in proper form and substance to deal with the concerns raised by these petitions. Mr. Hawkins noted the petition asking that Ordinance No. 01 - 95 rezoning Clearwater Creek be submitted to the voters must be filed in proper form and substance during the 30 day period following publication of the ordinance. The petitioners have until April 13, 1995 to gather the required number of signatures and submit the petition with the proper certification. The matter is final after that date. Mr. Hawkins advised the persons preparing and submitting petitions to review Chapter 5 of the City Charter. Any petition that is not in exact cotpliance is not sufficient under the City Charter and under state law. Mr. Hawkins said that he, also looked at the substantive sufficiency of each petition. First the City Council must determine if the ordinances proposed by the petitions are constitutional. The second issue that must be considered is whether the proposed ordinances improperly infringe upon the power that belongs to the executive or administrative officials of the City. Mr. Hawkins said all four (4) of the proposed ordinances are not procedurally sufficient and not substantively sufficient. Mr. Hawkins then addressed each petition and described how each were insufficient. Mr. Hawkins explained that he has looked at this matter very seriously. He noted that the City Charter has reserved important powers to the people and nothing should be done to curtail these powers. Council Member Kuether asked if the petition that will be presented later requesting that the Ordinance rezoning the area for the Clearwater Creek is constitutional. Mr. Hawkins said yes, however the 30 day window allowing citizens to file PAGE 5 1 1 1 COUNCIL MEETING petitions expired. ordinance longer in APRIL 10, 1995 on ordinances to submit them to a referendum has If a petition is not submitted within the 30 days, the becomes effective. The referendum provisions are no effect. Mayor Reinert thanked Mr. Hawkins for his review and said he hoped that this would help citizens in the future when they consider petitioning for a referendum. Mr. Hawkins said he looked at this matter seriously because this provision of the Charter outlines one of the most important rights reserved for the citizens. He felt that the City Council should take denying the petitions very seriously. Mr. Hawkins said this is why he took a considerable amount of time and effort to research the matter and prepare as clear of a opinion as possible. CITY CLERK -TREASURER'S REPORT, MARILYN ANDERSON Consideration of Resolution No. 95 - 44 Determining that the Petition Titled, "Ordinance No. 01 - 95, Rezone of Clearwater Creek" is Insufficient - Mrs. Anderson noted that at the March 27, 1995 City Council meeting, the City Council took action to determine that three (3) petitions from a citizens group were insufficient. The petitions did not contain the required 292 signatures to allow that they be placed before the residents on a ballot. The above referenced petition contains signatures of only 83 registered voters. Since 292 signatures are required to make the petition sufficient, Mrs. Anderson recommended that the City Council adopt Resolution No. 95 - 44 declaring the petition to be insufficient and directing her to deliver a copy of the petition to the sponsoring committee together with a written statement of its defects. Council Member Elliott moved to adopt Resolution No. 95 - 44 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 44 can be found at the end of these minutes. Consideration of a Gambling License Request From the Dead Broke Saddle Club - Mrs. Anderson explained that shortly before this Council meeting started, officers from the Dead Broke Saddle Club asked that the matter be withdrawn from the agenda this evening. No further action is required by the City Council. PAGE 6 21 2 COUNCIL MEETING APRIL 10, 1995 20/20 VISION UPDATE, RIM SULLIVAN Ms. Sullivan explained that the 20/20 Vision project has turned into a real participative effort on the part the City Council, staff and citizens. A Council member has recommended some additional communications efforts from the City and staff has made every effort to problem solve communication issues and make recommendations for positive changes. The citizen participation in the advisory groups have been exemplary. Ms. Sullivan noted that there have been questions regarding the number of citizens participating in the advisory groups. She felt that the entire City is being represented because the groups have been very good about "touching base" with their neighbors and talking with residents about different ideas and then bringing back to the advisory groups information and ideas given to them from the citizens. Ms. Sullivan noted that there was very high participation at the community forums and the number of people who are participating in the advisory groups is an appropriate number of people for the work that is being done in this period of time. This number is very comparable to the other cities who have completed similar projects. Ms. Sullivan explained that the groups have expressed a big desire to continue working past the June deadline. They have agreed to work this eight (8) week period and bring to the City Council a very high level of recommendations and asked to go beyond June because they feel that there are some things that they would like to work on. Each group is currently determining what can be accomplished by June. However the groups feel that there is much more to do. Ms. Sullivan explained that the groups have determined that it is not their goal to write a comprehensive development plan or an economic development plan for the City. Currently the groups are reviewing what is in place and then determining what changes they can recommend or enhance for the future. The groups may recommend particular changes or they may recommend that a subject be kept in the group for further study. The citizens are very supportive of the growth of the City. Ms. Sullivan outlined one example of cooperation between staff and the 20/20 Vision groups. She explained that the Planning Coordinator, the Economic Development Director and his staff have made repeated visits to the different advisory groups to let these groups know what is already in place and the plans they are trying to accomplish. The citizens have offered several recommendations to staff. They are becoming very involved in PAGE 7 1 1 COUNCIL MEETING APRIL 10, 1995 what is happening in Lino Lakes. Ms. Sullivan said she felt that the groups are moving along very well. They are successful in coming together and are able to work together and take responsibility for the next step each week. A very supportive community is participating in the 20/20 Vision project. Ms. Sullivan presented a commitment agreement between the citizens and the City Council. She asked that each Council Member sign the commitment agreement indicating that the Council will consider the recommendations that the citizens are making via the 20/20 Program when future decisions are made by the Council for the City. Although the City Council will be signing a document not knowing what the recommendations will be, Ms. Sullivan assured the City Council that the recommendations will be well reasoned, sound and well thought out. She said if "push comes to shove" there is a steering a committee that will continue to function throughout the next year to oversee the implementation of 20/20. If at any time, as the recommendations are being implemented, the City Council finds that something is not legal, or not appropriate due to changing circumstances, the 20/20 recommendations will be flexible and will change as other factors change. The steering committee will work with the City Council to help the citizen committees understand why a particular recommendation cannot not be implemented if that is necessary. In addition, the steering committee, with the support of the citizens, will work with the City Council to try and find another solution if the original solution does not work. Council Member Kuether asked why the City Council is being asked to sign the commitment agreement before the recommendations have been formulated. Ms. Sullivan explained that the commitment agreement means that the City Council is willing to allow the citizens to look at as they meet and make certain recommendations that will be addressed by the City Council. It is an assurance that the citizen committees are not wasting their time and that the City Council is committing their support to them. Mayor Reinert said that the basis for the entire 20/20 process is that decisions will be formed through consensus. He hoped that the citizens groups understand that there are certain circumstances such as state mandated programs that the City Council cannot ignore. Mayor Reinert mentioned that the City is now working with approximately 26 state mandated issues. He also noted that the legislature is considering a tax freeze. Mayor Reinert said he did not have a problem with signing the commitment agreement. PAGE 8 22u ?71 COUNCIL MEETING APRIL 10, 1995 The Clerk -Treasurer has the original commitment agreement and Ms. Sullivan asked that each Council Member sign the agreement. Council Member Kuether moved to approve the commitment agreement that will be signed by each individual Council Member. Council Member Bergeson seconded the motion. Motion carried unanimously. PLANNING AND ZONING REPORT, MARY KAY WYLAND SECOND READING, Ordinance No. 03 - 95, Amending the Sign Ordinance - Ordinance No. 03 - 95 received its FIRST READING at the March 27, 1995 Council meeting. The ordinance amendment is intended to allow advertising signs only within the City's Rural (R) and Rural -Business Reserve (R - BR) Zoning Districts. The ordinance amendment is consistent with directives contained within the 1990 I35E and I35W Interchange Study. A section has been added to the amendment, per Council direction, amending the R -BR District to be consistent with the R District in relation to advertising signs. Staff has recommended that the Sign Ordinance Amendment be adopted and published. Council Member Kuether moved to adopt the SECOND READING of Ordinance No. 03 - 95 and dispense with the reading. Council Member Elliott secondedthe motion. Motion carried unanimously. Ordinance No. 03 - 95 can be found at the end of these minutes. SECOND READING, Ordinance No. 04 - 95, Amending the Shoreland Management Ordinance - Ms. Wyland explained that the FIRST READING of this ordinance was approved at the March 27, 1995 Council meeting. The ordinance was reviewed at that meeting and at a subsequent Council work session. Staff is recommending adoption of the SECOND READING of Ordinance No. 04 - 95 as submitted which amends the shoreland management districts. Ms. Wyland explained that since the ordinance is approximately 30 pages, a summary of the ordinance has been prepared for Council approval. The summary will be published instead of the entire document. Council Member Elliott moved to adopt Ordinance No. 04 - 95 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Elliott moved to publish the ordinance summary and not the entire document. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 9 1 1 1 COUNCIL MEETING APRIL 10, 1995 Ordinance No. 04 - 95 can be found at the end of these minutes. Consideration of Final Plat for PineRidge, Third Addition - The preliminary plat for the PineRidge, Third Addition was approved by the City Council on July 25, 1994. Rough grading is completed in the subdivision and the Development Agreement and Financial Guaranties are in order. The City Attorney has found the title to be in order. The property is zoned Single Family Executive (R -1X) and contain 17 lots and two (2) outlots. The developer has agreed to plat the two (2) outlots pending a determination on the upgrading of Ware Road lift station adjacent to Outlot A. The staff is recommending approval of the final plat for PineRidge, Third Addition. Council Member Elliott moved to approve the final plat of PineRidge, Third Addition. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF THE 1994 ANNUAL POLICE DEPARTMENT REPORT, CHIEF DAVID PECCHIA A formal 1994 Police Department report was prepared and given to the City Council earlier this month. Chief Pecchia recapped the report which contained goals for 1994, a brief overview of what was accomplished in 1994 and briefly described what is planned for 1995. Chief Pecchia explained that the recently established Value Statements and Mission Statements outline the overall goals for 1994. The objectives that needed to be accomplished to meet these goals were to rewrite the Department Manual, rewrite the Field Training Officer Manual, review, update and establish City ordinances such as the Alarm Ordinance, the Snowmobile Ordinance and the Curfew Ordinance, to establish the D.A.R.E. program utilizing a Lino Lakes Police Officer, to promote officers to Sergeants, to assign an officer to the Special Assignment and Investigative position, hire, train and retain two (2) new officers, begin to re-establish and revitalize the Reserve Officer program, to continue to develop crime prevention activities such as CPTE (Crime Prevention Through Environmental Design), Neighborhood Watch, McGruff House and the Safety Camp. Other objectives included a continuation of establishing the community policing philosophy through the Police Department, City staff and community and to begin to develop a five (5) year plan. PAGE 10 22 z2_ COUNCIL MEETING APRIL 10, 1995 Chief Pecchia recapped the donations received by the Police Department during 1994 from various non-profit organizations. He also explained how the donations were used. Chief Pecchia outlined a number of programs that were completed during the year in conjunction with the Centennial Fire Department, Lino Lakes Public Works Department and other agencies. He detailed the many programs that are provided by the Police Department as well as the various areas of training completed by his staff. Chief Pecchia and Officer Zerwas were interviewed by network television on the day that President Clinton came to Minneapolis to address issues pertaining to his Crime Bill. They were asked how the Presidents Crime Bill affected the Lino Lakes Police Department. The Police Department has subsequently received notification that Lino Lakes received one of the "Clinton Cops", a grant worth approximately $75,000.00 over a three (3) year period. Chief Pecchia received a telephone call today indicating that the proposed budget for this officer was approved and the Police Department will receive notification within two (2) weeks about how the funding will be provided. Chief Pecchia noted that the City is now using the Otter Lake Animal Clinic as the City's animal impound unit. Formerly, the Anoka County Humane Society provided this service. The Otter Lake Animal Clinic is located within the City limits. Therefore there is no need for an officer to leave the City in response to animal complaints. Chief Pecchia was designated as the Lino Lakes federally approved Emergency Preparedness Director in 1994. He has been elected as the Metropolitan Emergency Management Association Vice President. Chief Pecchia also has been elected as the Vice President of the Anoka County Chief's of Police Association and serves on the Advisory Board for the American Red Cross, Anoka County Branch. Chief Pecchia noted that 1994 was very busy and he expects that 1995 will be at least as busy. Some matters considered for 1995 action include participation in the 20/20 Vision by beginning to implement the proposed recommendations from their surveys and address the issues that were brought forward from the survey, continue to update the Department Manual and Field Training Officers Manual, develop an Investigations Manual, Records Division Manual, rewrite the Emergency Management Manual and will conduct one emergency exercise during 1995. The Police Department is in the process of updating the Hunting Ordinance and have successfully promoted two (2) officers to Sergeants who PAGE 11 1 1 1 COUNCIL MEETING APRIL 10, 1995 are in their probational period. Chief Pecchia noted that he will begin the process of hiring and training two (2) new Police Officers and possibly a third with the recent award of a Clinton grant. The Police Department will continue to revitalized and re-establish the Reserve Officer Program. Chief Pecchia is planning to continue to implement the community policing philosophy throughout the Police Department staff, City hall staff and the community and will continue to develop a five (5) plan. Chief Pecchia is hoping to establish a Crime Prevention Specialist position to help implement crime prevention through an environmental design program. A new program, Minnesota Crime Free Multi -Housing Program will be considered and possibly implemented. This program is designed as a partnership between law enforcement and rental property managers to help tenants, owners and managers keep drugs and other illegal activity off rental property. The program is unique and will be applied to maintain crime prevention goals. Upon completion of the program, property managers will be granted a large metal sign to display on their rental properties. Chief Pecchia explained other activities planned for 1995. To continue crime prevention activities such as the neighborhood watch, McGruff House and another successful safety camp. The Department will continue to review the Value and Mission Statements and is excited about developing a Public Safety Citizen Academy in conjunction with the Centennial Fire District. Topics will include law enforcement, fire fighting and emergency management. The Police Department is beginning the process to participate in the Triad Program where the Sheriff's, Police Chief's and older or retired leaders in the community agree to work together to reduce criminal victimization of the elderly. Chief Pecchia thanked the City Council, City Staff and the residents of Lino Lakes for their continuing support for their Police Department and its employees. Council Member Bergeson asked how the change in policy regarding City street weight limits in proceeding. Chief Pecchia explained that instead of issuing permits as in previous years, the weight limits were raised to five (5) ton. An officer has been assigned solely to the duty of patrolling City streets looking for vehicles that may violate weight restrictions. The officer changes his hours from early morning to late evenings in an attempt to cover all hours when such vehicles are moving on City streets. Only a "handful" of tickets have been issued. The word is out that Lino Lakes' is enforcing the road weight limits. The compliance has been very successful. PAGE 12 21 22 COUNCIL MEETING APRIL 10, 1995 Mayor Reinert noted the cooperation between the Police Department, the Centennial Fire District, police departments of other cities and City staff and said the cooperation is a very positive step taken by the Chief. He also noted the Police Department outreach into the community and expressed his gratitude. Mayor Reinert felt the Police Department is expressing a very positive attitude. The City Council thanked Chief Pecchia for his report. ECONOMIC DEVELOPMENT AUTHORITY ADVISORY BOARD REPORT, BRIAN WESSEL FIRST READING, Ordinance No. 06 - 95, Authorizing the Sale by the City of Lino Lakes, Lot 2 and a Portion of Lot 3, Block 1, Apollo Business Park - Mr. Wessel explained that Nol-Tec Systems, Inc. is a Forest Lake business that is purchasing three (3) acres of land in the City owned portion of the Apollo Business Park for its engineering and assembly facility. The company designs, assembles and distributes conveying systems. Mr. Wessel used the overhead projector and showed the City Council where Nol-Tec Systems plans to build. He noted that according to the City Charter, Chapter XII, Section 12.05, an ordinance is required to authorize the sale of real property owned by the City. Mr. Wessel read a portion of the proposed ordinance which would allow the sale of the property to Nol-Tec Systems, Inc. at $39,000.00 per acre. Council Member Elliott moved to adopt the FIRST READING of Ordinance No. 06 - 95 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 - 46 Calling a Public Hearing on the Establishment of Tax Increment Financing (TIF) District No. 1-7 for 6:30 P.M., May 22, 1995 - Mr. Wessel explained that the Economic Development Authority has authorized preparation of a Tax Increment Financing Plan to establish Tax Increment Financing District 1-7 in the Apollo Business Park. This TIF district is to provide public assistance to Nol-Tec Systems, Inc. The remainder of the unsold parcels in the Apollo Business Park are included in TIF District 1-7 to allow the City to capture the low Economic Adjustment Factor currently on the City -owned parcels. That factor is expected to rise significantly in 1996 as the value of the land increases. The public hearing is scheduled for May 22, 1995. Mr. Wessel read portions of Resolution NO. 95 - 46. PAGE 13 1 1 1 COUNCIL MEETING APRIL 10, 1995 Council Member Elliott moved to adopt Resolution No. 95 - 46. Council Member Bergeson seconded the motion. Council Member Bergeson noted that the Economic Development Authority will meet on May 22, 1995 at 5:30 P.M. regarding this matter. Voting on the motion, motion carried unanimously. Resolution No. 95 - 46 can be found at the end of these minutes. Consideration of Resolution No. 95 - 43, Re -affirming Council Support of Economic Development Policy - Mr. Wessel said that in response to recent requests to downzone commercial/industrial properties in Lino Lakes, the Economic Development Authority Advisory Board (EDAAB) has become concerned about the potential for erosion of the City's commercial/industrial tax base. Resolution No. 95 - 43 re -affirms the City Council's support of EDAAB'S economic development initiative. Mr. Wessel read Resolution No. 95 - 43. He noted that he has received four (4) inquires regarding downzoning approximately 143 acres. Council Member Neal asked if some people are against the Economic Development Authority. Mr. Wessel said that he has never heard that economic development is not a priority for this community. He explained that there are growth areas that have pushed the limits of appropriately zoned land. They are looking for additional areas to expand and are encroaching upon commercial/industrial areas designated by the Comprehensive Land Use Plan for such growth. Mr. Wessel explained that commercial and industrial zoned land is a valuable asset and should be preserved wherever possible. Mayor Reinert said that the resolution is an affirmation of the Council's commitment to tax diversity in the City to try to lower taxes on residential property if at all possible. Council Member Elliott moved to adopt Resolution No. 95 - 43. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 43 can be found at the end of these minutes. FIRST READING, ORDINANCE NO. 05 - 95 AMENDING THE LINO LAKES BUILDING CODE, SECTION 1003, PETER KLUEGEL Mr. Kluegel said that he and Fire Chief Bennett are here tonight to present Ordinance No. 05 - 95 amending the Lino Lakes Building Code. The 1995 Minnesota State Building Code was effective March 20, 1995. The Lino Lakbs City Codes need to be updated to PAGE 14 2 227 COUNCIL MEETING APRIL 10, 1995 reflect this change. The City of Lino Lakes must adopt this code to provide for local enforcement. In addition, certain options should be selected for inclusion in our local code. Mr. Kluegel said it is a recommendation by himself and Fire Chief Bennett that the 1995 Building Code be adopted with the following options: reroofing standards, exposed residential concrete standards, membrane structures standards and optional fire protection systems (sprinklers). Mr. Kluegel outlined the first three (3) options and Fire Chief Bennett outlined the optional fire protection systems. Fire Chief Bennett explained that the fourth option affects commercial buildings and is an enhanced sprinkler system. He presented a chart showing how the system operates and it almost allows the building to protect itself to some degree and to minimize the need for the Centennial Fire District to purchase large equipment in the future. It also allows the Centennial Fire District to handle situations with minimal fire loss and fire related deaths. Fire Chief Bennett explained that he and Mr. Kluegel have met with Mr. Wessel and made sure that what is proposed does not adversely affect his effort in the area of commercial development. Mr. Kluegel and Fire Chief Bennett recommended that the City Council adopt the FIRST READING of Ordinance No. 05 - 95. Council Member Kuether asked if all four (4) of the options affect only commercial buildings. Mr. Kluegel said yes with the exception of the exposed'residential concrete standards option. This obviously affects residential construction. Council Member Neal asked if a business is not connected to municipal water, must they comply with the new regulations. Chief Bennett said yes. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 05 - 95 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 95 - 45 SETTING FEE FOR FENCE PERMITS Mr. Kluegel explained that in order to be consistent with our neighboring communities and also cover all inspection costs, he recommended that a set fee of $30.50 be established for fencing permits in all zoning districts. Mr. Kluegel noted that currently fence permit fees depend on the value of the fence that will be installed. These fees appeared to be unusually high. He conducted a survey of neighboring communities and felt that the PAGE 15 1 1 1 1 1 COUNCIL MEETING APRIL 10, 1995 proposed fee was about the average for all communities. Council Member Elliott moved to adopt Resolution No. 95 - 45. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 45 can be found at the end of these minutes. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 95 - 47 Calling a Hearing for Well No. 4 - Mr. Powell explained that in response to a petition received from the owner of the property located within the Clearwater Creek development, Mr. Tony Emmerich, the City ordered a feasibility report for Well No. 4 which would serve the subdivision. The report was prepared and was received by the City Council at the January 23, 1995 meeting. As the Clearwater Creek development, rezone and preliminary plat had not yet been considered, the public hearing on the improvement was not orderedd. This development has now been considered by the City Council and is proceeding. The improvement process can be resumed with the ordering of the public hearing for Well No. 4. Council Member Kuether moved to adopt Resolution No. 95 - 47. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 47 can be found at the end of these minutes. OLD BIISINESS There was no old business. NEW BIISINESS Consideration of Resolution No. 95 - 42 Correcting 1995 Special Assessments, Marilyn Anderson - Mrs. Anderson explained that two (2) assessment corrections have been brought to her attention by the Finance Department. The first correction involves a lot in the Woods of Baldwin Lake subdivision. The City received a check from a title company for prepayment of the special assessments. The title company identified the lot by using the wrong PIN. The payment was coded to the wrong lot. The second correction involves certification of a delinquent sewer and water utility bill. A homeowner moved from the property without paying the past due utility bill and without notifying the City that he was moving. The new homeowners called PAGE 16 COUNCIL MEETING APRIL 10, 1995 and questioned the assessment on their property taxes. The Finance Department contacted the former homeowner and made arrangements for payment of the delinquent utility bill. Therefore, the assessment on the new homeowners property taxes must be abated. Mrs. Anderson requested that the City Council adopt Resolution No. 95 - 42 abating the assessments as outlined. Council Member Kuether noted that other cities will not abate delinquent utility assessment until they are paid. She said it is the realtors responsibility to be sure that all delinquent bills are paid before closing on the property. Council Member Kuether felt the delinquent utility billing should not be abated until the delinquent bill is paid. Mayor Reinert said he agreed that is unfair to require the new homeowner to pay the assessment. Mrs. Anderson explained that the Finance Department does have a written commitment from the previously homeowner. Council Member Elliott moved to adopt Resolution No. 95 - 42. Council Member Bergeson seconded the motion. Motion carried with Council Member Kuether voting no. Consideration of an On -Sale Liquor License, Sunday On -Sale Liquor License, and Off -Sale Liquor License for Miller's on Main, Marilyn Anderson - Mrs. Anderson provided a copy of the application for liquor licenses for Miller's on Main in the Council packets. The owner, James Miller, has completed the necessary application forms, posted the correct application fees and submitted the required Certificate of Insurance. An investigation of Mr. and Mrs. Miller was completed by the Police Department. The results of the investigation were very positive. Mr. Miller is planning to open Miller's on Main on May 1, 1995 or very soon thereafter. 'The licenses should be effective on May 1, 1995. Mrs. Anderson explained that the building in which Miller's on Main will be located is going through extensive renovation. The Building Inspections department is performing the necessary inspections. Mr. Miller has indicated that he plans to open for business as soon as he has completed the renovations and all inspections have been completed. Mrs. Anderson recommended that the City Council approve the liquor license applications. Mr. Wessel explained that he has been working with Mr. Miller for PAGE 17 1 1 1 1 1 1 COUNCIL MEETING APRIL 10, 1995 the past several month to be sure that his business established at the former Lee's of Lino Lakes. He also recommended that the City Council approve the liquor licenses. Council Member Kuether asked if the exterior of the building will be painted. Mr. Miller said that the outside will be pressure washed and painted. He will also do some exterior upgrading and landscaping. Council Member Neal moved to approve the liquor licenses for Miller's on Main. Council Member Elliott seconded the motion. Motion carried unanimously. REMINDER, Board of Review, April 17, 1995, 6:30 P.M. Joint Powers Agreement with the City of Centerville - Mr. Schumacher gave each of the Council Members a copy of a proposed Joint Powers Agreement with the City of Centerville for street sweeping. He explained that Centerville does not have a street sweeper. A plan has been prepared in which the City of Lino Lakes would sweep the Centerville City streets and in exchange Centerville would supply a dump truck to haul the street sweepings as they accumulate. Mr. Schumacher explained how the Agreement would work and explained items such as insurance coverage and areas of responsibility. Mr. Hawkins reviewed the proposed Joint Powers Agreement and recommended that Item No. 4 be amended to read, "the agreement may be terminated by either party upon 30 days written notice" and omit Item No. 5. Council Member Bergeson moved to adopt the Joint Powers Agreement with the City of Centerville as amended. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Neal moved to adjourn at 8:13 P.M. Council Member Kuether seconded the motion. Aye. Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 18 23 23 Council Member Kuether introduced the following Ordinance and moved its adoption. CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 03-95 AN ORDINANCE AMENDING APPENDIX C OF THE CITY CODE (SIGN REGULATIONS) REPEALING ADVERTISING SIGNS WITHIN THE SC, GB, LI AND GI ZONING DISTRICT. The City Council of the City of Lino Lakes ordains: SECTION III. Subdivision 1. is amended to read as follows: "R" Rural District and "R -X" Rural Executive Residential and "R -BR" Rural Business Reserve SECTION III. Subdivision 2. is amended to read as follows: Rural Districts: In the R and R -X and R -BR Districts all signs must comply with the following: SECTION II. Subdivision 2.2. (Residential District Sign Requirements) is amended to add the following: E. Advertising Signs: Advertising signs, as defined by Section 2, Subd. 6 of this Ordinance, are prohibited in the R1, R -1X, R3, R4, R6, and R7 Zoning Districts. SECTION III. Subdivision 3.2. (LB District Sign Requirements) is amended to add the following: E. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the LB Zoning District. SECTION III. Subdivision 4.2. (NB District Sign Requirements)_ is amended to add the following: D. Advertising Signs: Advertising signs, as defined by section 2, subdivision 6 of this Ordinance, are prohibited in the NB Zoning District. SECTION III. Subdivision 5.2. (SC District Advertising Sign Requirements) is amended to read as follows: C. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the SC Zoning District. SECTION III. Subdivision 6.2.D (GB and PSP District Advertising Sign Requirements) is amended to read as follows: 1 1 1 D. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the GB and PSP Zoning Districts. SECTION III. Subdivision 7.2C (L -I and G -I District Advertising Sign Requirments) is amended to read as follows: C. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the LI and GI Zoning Districts. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Lino Lakes City Council this 10th day of April 1995. CITY OF LINO LAKES BY: Vernon Reinert, Mayor ATTEST: BY:�C.� ��': �� (_ , Marilyn`Anderson, City Clerk Motion for 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, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said ordinance was declared duly passed and adopted. 2,, ORDINANCE NO. 04 - 95 Council Member Elliott introduced the following Ordinance Summary and moved its adoption. Chapter 1102 Shoreland Management Overlay Ordinance of the City Zoning Ordinance was adopted by the Lino Lakes City Council on April 10, 1995. Following is a summary of the provision of that Ordinance as adopted. A complete copy of the Ordinance is available for public review at City Hall, 1189 Main Street, Lino Lakes, MN., between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. The Ordinance shall take effect and be in force 30 days following its publication. CHAPTER 1102 SHORELAND MANAGEMENT OVERLAY ORDINANCE SUMMARY 1102.01 Statutory Authorization and Policy 1102.02 General Provisions 1102.03 Definitions 1102.04 Administration 1102.05 Shoreland Overlay District 1102.06 Shoreland Overlay District Uses 1102.07 Zoning and Water Supply/Sanitary Provisions 1102.08 Nonconformities 1102.09 Shoreland Alterations 1102.10 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat 1102.11 Water Supply and Sewage Treatment 1102.12 Subdivision/Platting Provisions 1102.13 Planned Development Overlays (PROS) 1102.01 Statutory Authorization and Policy, ATTEST - / 0-4 < C-(' ii i(_i l/ MarilyndG.Anderson, City Clerk Vernon F. Reinert, Mayor Motion for adoption of the foregoing ordinance was seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None Whereupon said Ordinance was declared duly passed and adopted. 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 — 42 RESOLUTION ABATING 1995 INSTALLMENT OF SPECIAL ASSESSMENT ON PIN. 31-31-22-32-0030 AND 28-31-22-42-0075. WHEREAS, WHEREAS, WHEREAS, an assessment was certified to the above listed parcels for 1995, and it has come to the attention of staff that these assessments were applied in error, and the City Council has met and has considered the request to abate the 1995 installment of special assessment on the above listed parcels, NOW, THEREFORE, BE IT RESOLVED, by the City Council of Lino Lakes, Minnesota, as follows: 1. The 1995 installment and all future years installments for Special Assessment Fund No. 82241, 82242 and 82243 on property described as PIN. 31-31-22-32-0030 are hereby abated. 2. The 1995 installment and all future years installments for Special Assessment Fund No. 82362 on property described as PIN. 28-31-22-42-0075 are hereby abated. Adopted by the Lino Lakes City Council this 10th day of April, 1995. Vernon F. Reinert, Mayor )2 <{ Marilyn`t. 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: Bergeson, Elliott, Neal, Reinert. The following voted against same: Kuether Whereupon said resolution was declared duly passed and adopted. 2 Council Member Elliott and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 95-43 RESOLUTION REAFFIRMING COUNCIL SUPPORT OF ECONOMIC DEVELOPMENT POLICY WHEREAS, in 1993 the Lino Lakes City Council determined that there was a need to increase the tax base of the community; and WHEREAS, the City Council endorses the policies set out by the Economic Development Authority Advisory Board as necessary for the development of a diversified commercial and industrial tax base; and, WHEREAS, In recent months a number of requests have come before the Economic Development staff and Economic Development Advisory Board to consider changing industrial and commercial zoned land to a lesser zoning classification; and WHEREAS, Removing such industrial and commercial zoning would create a significant disadvantage for the City of Lino Lakes economic development effort for the following reasons: 1. The economic development effort to provide tax diversity and relieve the tax burden for the residents of Lino Lakes is a high priority. 2. Assuming a market rate in the range of $1.25 to $1.50 per square foot, a midsize Tight industrial project (80,000 SF) would generate a minimum of $200,000 annual tax revenues. Residential use of the site would generate less than 1/3 of the tax revenue, and public use would generate no revenue. Commercial/industrial use of land currently zoned for such use is the most efficient use of the land and produces the greatest potential value/tax leverage. 3. Existing zoning in Lino Lakes designates 1,025 acres (4.8% of land total) as commercial/industrial. Approximately 30% is estimated to be wetland, leaving a net of approximately 700 developable commercial/industrial acres. Accepted planning guidelines for land use for a community the size of Lino Lakes are 10% light industrial and 5% commercially zoned land. Consequently, the city has presently about 1/4 of what is considered adequate land for future light industrial development. NOW THEREFORE, BE IT RESOLVED, the City Council of Lino Lakes reaffirms its 1 1 1 1 support of economic development policy to preserve the remaining land currently zoned for commercial/industrial use within the city and would consider downzoning commercial/industrial land only when special conditions make it appropriate, or when an equitable exchange could be negotiated. Dated: April 10, 1995 Vernon Reinert, Mayor ATTEST: J I,; Randall Schumacher, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergerson, Elliott, Kuether, Neal, Reinert. and the following voted against same None Whereupon said resolution was declared duly passed and adopted. 2t Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 - 44 RESOLUTION DETERMINING THAT A PETITION TITLED "THE REZONE OF CLEARWATER CREEK BE REFERRED TO THE ELECTORATE FOR APPROVAL OR DISAPPROVAL" IS INSUFFICIENT AND DIRECTING THE CLERK -TREASURER TO DELIVER A COPY OF THE PETITION, TOGETHER WITH A WRITTEN STATEMENT OF ITS DEFECT(S) TO THE SPONSORING COMMITTEE WHEREAS, a petition titled, "The Rezone of Clearwater Creek Be Referred to the Electorate for Approval or Disapproval" was submitted to the City Clerk -Treasurer on March 28, 1995, 12:10 P.M., and WHEREAS, the petition is asking that an ordinance titled "The Rezone of Clearwater Creek Be Referred to the Electorate for Approval or Disapproval" be placed on a City ballot so that the citizens of Lino Lakes can vote "aye" or "nay" on the ordinance, and WHEREAS, The Lino Lakes Home Rule Charter states in Section 5.03 Determination of Sufficiency, that the required number of signatures on the petition shall be defined as five percent (5%) of the number of registered voters at the time of the last regular municipal election, and WHEREAS, the number of registered voters in the 1993 Municipal Election was 5,824 which would require that at least 292 signatures of registered voters would be required to make the petition sufficient, and WHEREAS, the number of eligible signatures on this petition is 83, NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby determines that the petition is insufficient, and BE IT FURTHER RESOLVED, that the City Clerk -Treasurer is hereby directed to deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. Adopted by the Lino Lakes City Council thi 10th day of April, 1995. Vernon F. Reinert, Mayor 1 i L y Marilyn G. Anderson, Clerk -Treasurer 1 1 RESOLUTION NO. 95 — 44 Page —2— The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 23 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINOLAKES RESOLUTION NO. 95 — 45 RESOLUTION SETTING FEE FOR FENCE PERMITS WHEREAS, WHEREAS, permits are required by the Lino Lakes Zoning Ordinance Bl, Section 4, Subd. 29, FENCES AND WALLS, and fees for the permits are not mentioned in this section of the Lino Lakes Zoning Ordinance Bl, NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, Anoka County, Minnesota that the fee for all fence permits in all zoning districts is $30.00. Adopted by the City Council on Lino Lakes, Minnesota this 10th day of April, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 — 46 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-7 WHEREAS, the Lino Lakes Economic Development Authority (the "EDA") intends to propose the establishment of a tax increment financing district ("TIF District No. 1-7") generally within the Apollo Business Park area; and WHEREAS, Minnesota Statutes, Sections 469.174 through 469.179 (the "TIF Act") requires that the City Council of the City of Lino Lakes (the "City") hold a public hearing on TIF District No. 1-7, following approval thereof by the EDA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. The City Clerk -Treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting the public hearing before the City Council to consider the matter on May 22, 1995, at 6:30 P.M. in the Council Chambers of the City Hall. The notice shall be published in the newspapers at least 10 days but not more than 30 days prior to the public meeting. 2. The City Clerk -Treasurer is hereby authorized and directed to notify Centennial Independent School District No. 12 and Anoka County at least 30 days prior to the public hearing and to invite their comments thereon. 3. The City staff and consultants are authorized and directed to take all other actions necessary to bring this matter before the City Council at the time of the public hearing. Adopted by the Lino Lakes City Council this 10th day of April, 1995. l-7 Vernon F. Reinert, Mayor �.9 1 I Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken �_ 4 24 RESOLUTION NO. 95 — 46 Page —2— thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Kuether, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-47 RESOLUTION CALLING A HEARING ON THE IMPROVEMENT OF WELL NO. 4. WHEREAS, pursuant to a resolution of the Council on November 14, 1994, with reference to the Well No. 4 improvement, and this report received by the Council on January 23, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of the subdivision in accordance with the report and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $309,545. 2. A public hearing shall be held on such proposed improvement on the 22nd day of May, 1995 in the Council chambers of the City Hall at 6:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Lino Lakes City Council this 10th day of April X995: Vernon F. Reinert, Mayor t!,-•r- Mariltn G. • Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION 1 hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on April 10 , 1995. Marilyn G. Anderson, Clerk -Treasurer