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HomeMy WebLinkAbout09/22/1997 Council MinutesCOUNCIL MINUTES SEPTEMBER 22, 1997 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : September 22, 1997 . 6:31 P.M. . 8:55 P.M. : Landers, Lyden, Neal : Kuether, Bergeson Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; Building Official, Pete Kluegel; and Clerk -Treasurer, Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Lyden moved to approve the consent agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM MINUTES, September 8, 1997 DISBURSEMENTS: September 22, 1997 ($281,407.70, Check Nos. 48694 - 4881 1) Centennial Fire District (September 8, 1997) Centennial Fire District (September 17, 1997) OPEN MIKE ACTION Approved Approved Approved Approved Randy Schumacher made a presentation to Council regarding charges against Council and Staff. Kim Sullivan, 7132 Whippoorwill Lane, asked for a written response to her request for City documents. She further requested copies of the City attorneys bills for the past two years. Ellen Gatchell, 952 Main Street, informed Council that she was not receiving the televised broadcast of the Council meeting, and asked that the equipment be checked and the problem remedied. COUNCIL MINUTES SEPTEMBER 22, 1997 Mayor Landers called for a recess at 6:42 P.M. in order to evaluate the broadcast system. The meeting was reconvened at 7:16 P.M. Mayor Landers apologized for the delay caused by the television equipment problems. Mr. Schumacher reread his presentation. John Hunanski of Lois Lane expressed his opinion that Council should not destroy the information which is the subject of recent investigation by outside sources to determine whether or not it should be retained by the City. Council Member Lyden addressed Council in response to Mr. Schumacher's presentation. Ilene Ingalls, a newcomer to Lino Lakes, expressed her disappointment with City Council and Staff behavior as presented in recent meetings and in the press. POLICE DEPARTMENT REPORT, SERGEANT BILL HAMMES PROCLAMATION, Crime Prevention Month, October, 1997 - Sergeant Hammes explained that despite declining crime rates fear of crime shapes the way we live --the routes children take to school, the reason a teenager decides to carry a weapon, reluctance to attend an evening meeting. The 1997 Crime Prevention Month theme is "The Power of Prevention: Action Makes the Difference", formally proclaiming what communities all across the nation already know -- when prevention becomes everybody's business, crime and fear no longer dominate our lives. Council Member Lyden moved to approve the Proclamation, as presented. Council Member Neal seconded the motion. Motion carried unanimously. A copy of the Proclamation can be found at the end of these minutes. Consideration of FIRST READING, Ordinance No. 21 - 97, Adopting an Automated Pawn System Ordinance - Sergeant Hammes stated that passage of this ordinance will allow the Police and Community Development Departments an opportunity to adequately regulate pawn brokers, secondhand goods dealers, and precious metal dealers locating within the City of Lino Lakes. Council Member Neal expressed his favor with this ordinance. Council Member Neal moved to approve the FIRST READING of Ordinance No. 21 - 97, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. BUILDING DEPARTMENT REPORT, PETE KLUEGEL Consideration of FIRST READING, Ordinance No. 27 - 97, Amending Chapter NO. 403, Individual Sewage Treatment Systems - Mr. Kluegel explained that in July of 1996 Council adopted Ordinance No. 08 - 96 requiring that all individual septic tanks be cleaned and inspected biannually by a licensed septic tank pumper. He stated that while working with Ordinance No. 08 - 96 over the past 9 months, some streamlining measures have been suggested for ease of implementation. Two (2) provisions included in Ordinance No. 08 - 96 should be modified, as follows: • • • • COUNCIL MINUTES SEPTEMBER 22, 1997 Item No. 1 states that the City would mail inspection forms to the property owners. It has been suggested that the City mail a notice rather than the report form to properties containing on-site sewage disposal systems and instruct the property owner to hire a licensed septic tank cleaner to clean the tank, inspect the system, complete the report form supplied by the City and return the report to the City. This would eliminate confusion regarding how the report form should be handled. Item No. 2 requires the report form be completed and returned to the City by September 1 of the same year as the notice is mailed to the resident. It has become obvious that most of the septic pumpers have such an overwhelming backlog of pumping requests that it is impossible to meet the September 1 deadline. The amended ordinance proposes that the deadline be extended to November 30. Mr. Kluegel added that adoption of Ordinance No. 27 - 97 will be the first step in resolving the issues which have impeded efficiency in dealing with requirements for septic tank inspection and cleaning. Council Member Neal moved to approve the FIRST READING of Ordinance No. 27 - 97, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Review of Conditional Use Permits - Mr. Kluegel explained that each year the City of Lino Lakes reviews its conditional use permits for compliance and/or complaints. The following is a list of permits that are no longer active and should be deleted from the current list. 1. #6 Edward Schwankl, 598 Pine Street 2. #9 Molin Concrete, 415 Lilac Street 3. #30 Harold Bisel, 20th Avenue - R -X District 4. #48 Kemacell Clean Air Systems, 416 Lilac Street 5. #53 Muffler Doctor, Lot 15, Golden's Terrace 6. #62 Jim Schilling, Wollan's Estates 7. #69 Fina, 7509 Lake Drive 8. #72 Incarnation Cemetery, Ash Street 9. #83 Westland, Bodeka, Hopie, Grading The remaining permits are either active or currently under review. Council Member Neal moved to delete the inactive conditional use permits listed above from the active list. Council Member Lyden seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Update, Comprehensive Land Use Plan - On October 16, at 6:00 P.M., the third work session will take place including the Comprehensive Plan Task Force and City Council, where the three growth options will be further discussed and evaluated. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Amended Conditional Use Permit, Rehbein Arena/BMX Bike Racing, 426 • Pine Street - Ms. Wyland explained that this request is for commercial recreation in a rural COUNCIL MINUTES SEPTEMBER 22, 1997 zoned district. The Planning and Zoning Board recommends approval of this conditional use permit, with the following conditions: 1. The applicant shall monitor and maintain the present sound system to avoid disruption to the adjoining property owners; no modification can be made to the sound system without City approval. 2. Parking shall be provided for 121 vehicles with handicapped spaces as determined by ADA Rules and Regulations. No parking shall be allowed on the public right-of-way. Overflow parking shall be provided on site. 3. The Parking area shall be surfaced with 7 inches of recycled base material as approved by the City Engineer. 4. The porta-pottys shall be screened from the street right-of-way and the adjoining properties. 5. All site signage shall comply with the City's sign ordinance. 6. A development plan shall be reviewed and approved by the Rice Creek Watershed District. 7. The City Engineer shall review and approve the final site grading and drainage plan. 8. Racing of motorized bikes shall be prohibited. 9. An event schedule for outdoor races shall be reviewed and approved by the City Council. 10. At the choice of the applicant, approval of either a 25 -foot setback variance, or a minor subdivision to transfer property in order to meet City setback requirements. 11. Approval is conditioned on a review of the area by the City Forester for recommendations to plant trees for noise abatement. Ms. Wyland added that with respect to condition No. 11, the City Forester has visited the site and indicated that the planting of evergreens on the southwest corner will not significantly reduce the noise disruption to the neighbor. A berm would have to be constructed for that purpose in order to be effective in reducing noise. Staff asked Council to reconsider this condition. Mayor Landers requested that Ms. Wyland read correspondence from City Forester Marty Aslesan with respect to this matter. Ms. Wyland read aloud the following letter: To: Mary Kay Wyland From: Marty Aslesan I was asked to respond to an issue surrounding noise abatement at the Ken Rehbein arena on 4th Avenue and Pine Street. The noise stems from spectator equipment and public address system. A suggestion was made to look at the efficiency of tree planting to abate the issue with the neighborhoods to the west. I visited the site and spoke with Ken Rehbein and with the Baumans, who are the adjoining property owners. The planting of trees for noise abatement is only effective if done in conjunction with the proper placement of an earthen berm. In this case the berm would need to be of rather substantial size. The location of this berm would need to be close enough in my estimation to the noise source to immediately deflect the sound upward and away 4 COUNCIL MINUTES SEPTEMBER 22, 1997 • from the residential property. It has been shown in recent research that plant materials by themselves do little to abate a noise problem such as this. Mayor Landers asked for response from Ken Rehbein. Mr. Rehbein indicated that he did meet with Mr. Aeslesan and that they did discuss the noise situation. • Council Member Neal asked Ms. Wyland if the outdoor sound system had been used recently. Ms. Wyland responded that no events have taken place since installation of the new system. Council Member Neal requested that a condition be placed upon granting of the special use permit requiring its review after one year. Ms. Wyland indicated that such a condition could be added. Council Member Neal suggested continued Police Department involvement regarding complaints and proposed scheduling of events. He also mentioned length of events, asking if they are scheduled to end prior to curfew for young people. Council Member Neal also expressed concern with respect to the Rice Creek Watershed, asking if the proposed parking would be appropriate. Mr. Rehbein responded that although 121 parking spaces are allowed for, practically speaking all of those spaces would not be in use but available should a special event result in a larger -than -normal number of vehicles for which space must be provided. Mayor Landers opened discussion to the audience. Rick Glovey, 490 Pine Street, expressed favor with the Rehbein facility. Council Member Neal asked for clarification regarding use of motorized vehicles on the facility. Mr. Rehbein confirmed that no motorized vehicles are permitted on the track. Becky Glovey, 490 Pine Street, agreed with Rick Glovey's expression of favor with the Rehbein facility. She indicated that traffic is no heavier during a track event than at any other time. Bill Lawson, 5915 Pine Street, agreed with the opinions of Rick and Becky Glovey. Michelle Altman, a new resident of Lino Lakes, stated that her son has just become involved in BMX racing, and that her family is very supportive of the activity and of the Rehbeins. Roger Kolstad, 8383 4th Avenue, stated that he has no problem with the Rehbein operation. Connie Baumann, 8340 4th Avenue, explained that she is the nearest neighbor to the Rehbein facility. She added that the Police Department monitored indoor track activity from her property, and that she felt the noise was offensive and intrusive into her solitude. Mayor Landers requested that Officer Hammes respond to Ms. Baumann's complaint. He stated that his review of Police records revealed approximately 7 noise complaints since 1996, all being from the same individual. Council Member Neal again expressed concern that continuing attention be given to traffic and noise in the vicinity of the race track. Officer Hammes indicated that the Police Department will continue to monitor any possible problems. COUNCIL MINUTES SEPTEMBER 22, 1997 Mayor Landers requested clarification of the sound measurement taken by another Police Officer. A member of the audience explained that the 59 decibel reading taken during an event was very low, in fact "inaudible". Council Member Lyden requested clarification regarding possible curfew violation. Officer Hammes stated that curfew had not thus far been a problem, as most participants are accompanied by parents. Council Member Lyden asked for data regarding whether or not the outdoor facility operation presented a noise problem. Officer Hammes indicated that no such data was presently available. Mayor Landers stated that he had personally visited the facility during an event, and the loudest noise he heard was cars passing up and down the gravel road. Wes Peterson, 341 Linda Lane, reiterated all of the positive comments regarding the Rehbein facility, adding that it has brought much positive recognition to Lino Lakes as well as increased tourist revenue. Mayor Landers asked if creation of a berm would result in flooding problems. Mr. Ahrens suggested that further investigation would have to be conducted to determine whether or not water flow would be a problem. Council Member Neal moved to approve the amended conditional use permit pursuant to the conditions presented above, with a review in one year, provision of a schedule of events to the Police Department, and a report by the City Engineer regarding future steps toward noise abatement. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Conditional Use Permit, Dean Quimby, 7313 Lake Drive (Former B&E Furniture Building) - Ms. Wyland explained that Dean Quimby, owner of Don's Circle Service, is requesting a conditional use permit to allow automobile service use of the B&E Furniture Building located at 7313 Lake Drive. The property is zoned Light Industrial and is indicated as such on the Land Use Plan. Automobile service is a permitted use with a conditional use permit, providing the following conditions are met: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2. All building materials and construction including those of accessory structures must be in conformance with Section 3, Subd. 4D of this Ordinance. 3. The entire area other than occupied by buildings or structures or plantings shall be surfaced with bituminous or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a storm water drainage system and is subject to the approval of the City Engineer. 4. All signing and information or visual communication devices shall be in compliance with Appendix C of the City Code. 5. All buildings shall provide an interior location for trash handling or an enclosed trash receptacle area in conformance with the following: 6 • • COUNCIL MINUTES SEPTEMBER 22, 1997 a. Exterior wall treatment shall be similar and/or complement the principal building. b. The enclosed trash receptacle area shall be located in the rear or in a side yard which is not abutting a street. c. The trash enclosure must be in an accessible location for pickup hauling vehicles. d. The trash enclosure must be fully screened from view of adjacent properties. 6. Evening and Sunday hours of operation shall be subject to the approval of the City Council. 7. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulated matter so that the use shall be in compliance with the State of Minnesota Pollution control Standards, Minnesota Regulation APC 1-15, as amended. 8. The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations APC, as amended. 9. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. 10. All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building. 11. Off-street parking shall be in conformance with Section 3, Subd. 5 of this Ordinance and a loading area or berth shall be provided in conformance with Section 3, Subd. 6 of this Ordinance. 12. All conditions pertaining to a specific site are subject to change when Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions. Ms. Wyland added that the Planning and Zoning Board held a public hearing on this proposal on September 10, 1997, and recommended approval with several conditions, one of which being that the Planning and Zoning Board and Council together consider a text amendment to the current Zoning Ordinance that would eliminate the requirement that no exterior storage for automobile service uses be allowed. The Planning and Zoning Board will be holding a public hearing at its October meeting to review such an amendment to this Ordinance. This conditional use permit should be ordered if Council finds that such use at the proposed location A. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the City and this Ordinance. C. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, COUNCIL MINUTES SEPTEMBER 22, 1997 and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. E. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. F. Will not involve uses, activities, processes, material, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. G. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. H. Will not result in the destruction, loss, or damage to a natural, scenic or historic feature or major importance. I. Will conform to specific standards of this Ordinance applicable to the particular use. Ms. Wyland stated that Don's Circle Service has been in operation on Sunset Road in Circle Pines for 26 years. Mr. Quimby plans to use the south half of the subject building for his automobile service business and lease the north half, subject to City ordinances. Mr. Quimby would also like to fence in the yard area for overnight storage of vehicles (item K above specifically prohibits exterior storage of vehicles). Installation of a sprinkler system is also proposed for the building as required by the Fire Code. Staff recommended approval of this conditional use permit, with the following conditions: 1. Proper building permits be obtained prior to construction and a certificate of occupancy issued before use of the building as an automobile service facility. The building permit shall include a deposit equal to 1% of the construction costs to insure completion of site improvements. 2. A landscaping/screening plan shall be provided and subject to the review and approval of the City Forester. 3. The property owner shall connect the structure to City water and terminate the existing well connection subject to the review and approval of the City Engineer and/or Plumbing Inspector. City sewer is not currently available to the property. 4. The premises shall not be operated as an auto sales lot. 5. Exterior lighting shall be hooded and directed to reflect light away from neighboring residential properties and rights-of-way. Lighting plans shall be reviewed by the CPTED Officer. 6. All applicable MPCA requirements shall be satisfactorily met. 7. Signage shall comply with the City's Sign Ordinance. 8. Grading and utility plans are subject to the review and approval of the City Engineer. 9. The trash handling area shall be screened from public view. 10. Handicapped parking shall be provided per ADA requirement. Mayor Landers asked how vehicles that might be held for nonpayment of a bill would be treated. Ms. Wyland explained that the purpose of the existing condition is to avoid a large number of vehicles parked on the premises bearing "for sale" signs, such as would be expected at a used car lot. The proposed amendment would allow for temporary storage of vehicles in service or being held for other appropriate reasons. COUNCIL MINUTES SEPTEMBER 22, 1997 Council Member Lyden asked about the proposed use of the half of the building that will not be used by Mr. Quimby. Ms. Wyland explained that use of the other half would have to comply with similar light industrial permitted uses. She added that Mr. Quimby will be remodeling the interior of the building according to applicable regulations and standards for safe operation. Council Member Neal asked about proposed hours of operation. Ms. Wyland stated that hours would be 7:00 A.M. to 7:00 P.M. Monday through Friday, with occasional work on Saturday. Mr. Quimby explained that his current business has outgrown its present location, necessitating the move to a larger building. He added that the part of the building he will not be using is currently being used for cold -weather storage. Council Member Lyden asked City Attorney Hawkins if there would be any future liability to the City for possible environmental issues arising from differing uses within the building. Attorney Hawkins indicated there would not, and Mr. Quimby added that the EPA audits his type of business regularly to ensure compliance with current regulations. Council Member Neal moved to approve the conditional use permit pursuant to the conditions outlined above. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Minor Subdivision, D. Kothe/M. Mularoni, Otter Lake Drive - Ms. Wyland explained that this item involves a request to subdivide a 3.48 -acre parcel of property into two parcels. The property is located immediately north and east of the Otter Lake Animal Care Center at 6848 Otter Lake Road, and was originally owned by the veterinary clinic. A minor subdivision to split the 3.48 -acre parcel from the clinic was approved in February of 1995. At that time, the new owner intended to construct a dog training facility on the site. This proposed construction is still pending. Ms. Wyland stated that the property is zoned Light Industrial and is indicated as such on the City's Land Use Plan. The Zoning District provides for a minimum lot size of 1 acre and minimum lot width of 100 feet. Parcel A is 1.61 acres in size and 195 feet in width. Parcel B is 1.87 acres in size and 100 feet in width. A 28 -foot -wide ingress and egress easement is provided for access to both parcels. According to Ms. Wyland, there has been discussion between the applicant and the property owners to the north and south concerning the purchase of additional property to square off the lot lines. However, although no agreement has been reached with either property owner. the applicant would like to proceed at this time with the subdivision. The City Engineer has reviewed the subdivision request and has found it acceptable. Utilities are available to serve both parcels off Otter Lake Road and the shared driveway arrangement is the preferred option on this roadway. Staff recommended approval of this minor subdivision with the following conditions: 1. Park dedication is provided as directed by the Subdivision Ordinance. This dedication will not occur until there is some construction on the site. 2. A shared driveway agreement shall be drafted for each parcel of property and recorded with the County • 3. Drainage and utility easements shall be provided as recommended by the City Engineer. COUNCIL MINUTES SEPTEMBER 22, 1997 Ms. Wyland added that the Planning and Zoning Board reviewed this item and recommended approval at its September 10, 1997 meeting. Mr. Schumacher inquired about the condition for park dedication. Ms. Wyland explained that such dedication can only be collected after a subdivision is in existence, therefore it will not occur until there is some construction on the site. Council Member Neal moved to approve the minor subdivision, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Variance, Tom Schmelzer, 398 Carl Street - Ms. Wyland explained that Mr. Schmelzer is requesting a variance to allow for the construction of an airplane hanger 20 feet from the property line on a corner lot at 398 Carl Street. The Zoning Ordinance requires a 40 - foot setback on collector roadways; therefore, the variance requested is also 20 feet. The average lot in the Lino Air Park is 156 feet in width. This property, however, is only 124.31 feet wide (372.42 feet deep). The Zoning Ordinance today requires a corner lot to be larger than an interior lot in order to provide for the additional street setback requirement. This apparently was not the case when this property was platted. According to Ms. Wyland, this property is zoned Rural and indicated as single-family residential on the City's Land Use Plan. Sewer and water are not available to serve this site. Hangers are a permitted use according to the covenants within this subdivision, which were approved by the City in 1977. Ms. Wyland stated that this variance is being requested for two reasons. Mr. Schmelzer is required, by the development's restrictive covenants, to share a taxi -way with his neighbor to the west. In order to provide enough maneuvering space for his airplane, he needs to set the building as close to the east side of the lot as possible. For security and aesthetic reasons, as well as maneuverability, Mr. Schmelzer would like the hanger doors to face west. A south -facing entry would be less appealing from 4th Avenue and would also compromise security. According to Ms. Wyland, the adjoining property owner and the Air Park Association have letters in support of this request, as has the property owner to the south at 399 Thomas Avenue. This property owner received a similar variance in 1986 to allow for the construction of a hanger approximately the same distance from 4th Avenue. In 1986, 4th Avenue was upgraded and a new roadway constructed. At that time, a 17 -foot easement for street and utility purposes was taken along the east line of the air Park property. This easement will be approximately 3 feet from the proposed new hanger. The setback question, however, is not one of distance from the easement, but from the property line which will be 20 feet from the hanger. Findings of Fact A. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. It would be difficult to construct a hanger and access the joint taxi -way while maintaining a 40 foot setback B. That the plight of the landowner is due to circumstances unique to his property not created by the land owner. This subdivision was developed at a time when the City apparently did not require larger corner lots. This situation has proven difficult for this property owner and the property to the south which received a similar variance in 1986. The plight, therefore, was not created by the land owner. 10 • COUNCIL MINUTES SEPTEMBER 22, 1997 C. That the hardship is not due to economic considerations alone and a reasonable use for the property exists under the terms of the ordinance. There is no economic hardship involved. D. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The property owner to the south received a similar variance in 1986. There are no other corner lots in this development that would require the same circumstances which are unique to the Air Park E. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. Property value should not diminish. F. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Granting this variance will be in keeping with the spirit and intent of the ordinance which allowed the platting of the Air Park The Planning and Zoning Board has reviewed this variance request and recommended approval with the conditions outlined above. Council Member Lyden moved to approve the variance, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Final Plat, Pine Valley Estates - Ms. Wyland reviewed Council's approval of a preliminary plat for four lots to be known as Lang's Pine Valley Estates at its July 28, 1997 meeting. The subject property is located in the 6900 block of 2nd Avenue, zoned R-1, and lies within MUSA boundaries. The City's Comprehensive Plan shows the parcel as single-family residential. Ms. Wyland explained that Mr. Lang has signed a development agreement, posted financial guarantees, and submitted title work to the City Attorney for review. Utilities are being extended along 2nd Avenue to serve the new lots. Staff recommended approval of this final plat subject to approval of the title work by the City Attorney. Council Member Lyden moved to approve the final plat subject to title work approval. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Emergency Ordinance No. 28 - 97, Extending Telecommunication Towers Moratorium - Ms. Wyland stated that Council adopted Ordinance No. 10 - 97 on April 14, 1997, which placed a six-month moratorium on the establishment, expansion, modification, or. rebuilding of any radio common carrier facility within the City of Lino Lakes. That moratorium is due to expire on October 14, 1997. Ms. Wyland explained that Staff is in the process of reviewing a proposed ordinance with the Planning and Zoning Board and City Council. However, this work will not be complete by October 14, 1997, and Staff would therefore request that Council adopt Ordinance No. 28 - 97 to extend said moratorium until December 31, 1997. Council Member Lyden moved to approve Ordinance No. 28 - 97, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 28 - 97 can be found at the end of these minutes. COUNCIL MINUTES SEPTEMBER 22, 1997 Consideration of Accepting a Trail Easement, Clearwater Creek - Ms. Wyland reviewed Council's approval of the final plat for the Clearwater Creek 2nd Addition in September of 1996. At that time, a 15 -foot -wide trail, indicated as "Park" on the plat, was dedicated on the rear lot lines of those lots west of Tele Lane. This 15 -foot park trail separates the newly platted lots from an existing residence that fronts on Otter Lake Road. The Otter Lake Road lot is a triangular piece of property. Ms. Wyland explained that following completion of site grading, Staff found that installation of the trail as shown on the final plat would require the removal of a number of large deciduous trees, including some significant oak trees. After discussion with the developer, the City Forester worked with the surveyor to relocate the trail to preserve as many of the larger trees as possible. The developer agreed to this relocation, and has graded and rocked the proposed trail. Builders who have purchased lots in this location are well aware of the trail and it was scheduled to be paved this month. Staff reviewed this trail location and, in fact, worked diligently with the developer to minimize the encroachment of the trail onto the adjoining properties. The Comprehensive Park Plan calls for a trail in this location, and the Park Board recommended this location due to wetland constraints along Otter Lake Road as well as for the purpose of keeping bicycle traffic separated from Otter Lake Road traffic. For the reasons stated above, Staff recommended acceptance of this trail location and easement alignment. Council Member Lyden moved to deny acceptance of the trail easement and return this matter to the Park Board for reconsideration. Motion failed for lack of a second. Mayor Landers called for reasons for the suggested denial of the trail easement. Council Member Lyden explained that at the last work session extensive discussion took place regarding the impact of the proposed trail location on the property in that area, and the consensus at that time was that it should be further investigated. Ms. Wyland confirmed that Council Members Kuether and Bergeson expressed a number of concerns at the work session. Council Member Neal then moved to deny acceptance of the trail easement and return this matter to the Park Board for reconsideration. Council Member Lyden seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of SECOND READING, Ordinance No. 26 - 97, Amending Section 401.18, Subdivision 7, Municipal Water System, Connection Applications - Mr. Ahrens explained that approval of this ordinance would add subdivision 7 to the Lino Lakes City Code requiring new homes to install an automatic meter reading (AMR) device. The Code specifies the location and method of installation of the meter and the meter interface unit. The AMR device will allow the City to read meters via a telephone call within the home to a computer at City Hall. By implementing this system the City will save on future need to increase meter reading personnel and/or length of time to read meters. This ordinance covers new construction at this time, and existing water utility accounts will remain on the current method of meter reading. However, Staff will likely request Council to change certain neighborhoods over to the new meter reading system. 11 COUNCIL MINUTES SEPTEMBER 22, 1997 Council Member Neal moved to approve SECOND READING, Ordinance No. 26 - 97, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Ordinance No. 26 - 97 can be found at the end of these minutes. Consideration of Adopting Resolution No. 97 - 121, Rejecting Bids for the Lilac Street Utility Extension - Mr. Ahrens requested that Council not take action on this item at this time and return it to Staff for inclusion of further information, bringing it before Council at the October 13, 1997 meeting. Council Member Lyden moved to table Resolution No. 97 - 121 pending inclusion of further information by the City Engineer. Council Member Neal seconded the motion. Motion carried unanimously. CITY CLERK'S REPORT, MARILYN ANDERSON Consideration of Accepting a List of Election Judges for the November 4, 1997 City Election - Ms. Anderson supplied Council with a list of trained election judges, indicating that she would be preparing the list of election judges for each of the four precincts from this list. The election judges are to be notified within the next two weeks about the upcoming City election, and will be asked if they are available to work at that time. She further indicated that she would prepare the list of precinct judges based upon those who respond to the notification. Ms. Anderson reminded Council that she is required to assign an equal number of Republican and Democratic judges to each precinct, as well as to assign them to their precinct of residence. She explained that it is not always possible to assign election judges to their home precincts. Ms. Anderson asked Council to approve the list of election judges. Council Member Neal moved to approve the list of election judges, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Scheduling a Public Hearing for Certifying Delinquent Sewer and Water Utility Bills - Ms. Anderson explained that each year the Finance Department experiences difficulty collecting payment for water and sewer bills. Bills unpaid by builders, developers, and customers who have moved away from the City are given to a collection agency. Ms. Anderson added that those billings not given to a collection agency are certified to Anoka County for collection with the 1998 property taxes. Residents whose bills are pending certification were notified by the City on September 5, 1997. A public hearing to receive input from these residents is set for November 10, 1997. Payment will be accepted up to that date. Mayor Landers asked for an estimate of how many bills are actually assessed to properties. Ms. Anderson explained that historically approximately 20 to 30 properties are assessed the value of these unpaid bills. Council Member Neal moved to call the public hearing regarding unpaid water and sewer utility bills for November 10, 1997. Council Member Lyden seconded the motion. Motion carried unanimously. • COUNCIL MINUTES SEPTEMBER 22, 1997 OLD BUSINESS None. NEW BUSINESS Consideration of Minutes, November 25, 1996 (Council Members Kuether and Lyden were absent) - In light of the fact that Council Members Kuether and Bergeson are absent, Mayor Landers called for a motion to table consideration of these minutes until a future meeting. Council Member Lyden moved to table consideration of the November 25, 1996 minutes until the next regular Council meeting. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Proclamation "DOMESTIC VIOLENCE AWARENESS MONTH", read by Mayor Landers - Mayor Landers read the following Proclamation: DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, over 43,000 victims of violence have and will continue to access assistance from Alexandra House, a domestic violence service provider for women and families; and WHEREAS, it is estimated that up to 70% of the children and youth who come to Alexandra House are themselves abused victims of domestic violence; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and. WHEREAS, During National Domestic Violence Awareness Month, Anoka County media, churches and other organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community, can do to eliminate its existence. NOW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL that the Mayor, John L. Landers, proclaims October to be Domestic Violence Awareness Month in Lino Lakes. Mayor Council Member Neal moved to approve the Proclamation, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. 11 • • • COUNCIL MINUTES SEPTEMBER 22, 1997 REMINDER, City Council Work Shop, Monday, September 29, 1997 with Don Salverda ADJOURN Council Member Neal moved to adjourn at 8:55 P.M. Council Member Lyden seconded the motion. Motion carried unanimously. These minutes were considered, corrected, and approved at the regular Council Meeting, October 13, 1997. Manlyn Anderson, Clerk -Treasurer Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. PROCLAMATION FOR CRIME PREVENTION MONTH 1997 WHEREAS, the vitality of our city depends on how safe we keep our homes, neighborhoods, workplaces, and communities because crime and fear diminish the quality of life for all; WHEREAS, crime and fear of crime destroy our trust in others and in institutions, threatening the community's health and prosperity; WHEREAS, people of all ages must be made aware of what they can do to prevent themselves, their families, neighbors, and co-workers from being harmed by drugs, violence, and other crime; WHEREAS, the personal injury, financial loss, and community deterioration resulting from crime are intolerable and require action by the whole community; WHEREAS, crime prevention initiatives must include but go beyond self protection and security to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive educational and recreational opportunities for young people; WHEREAS, adults must invest time, resources, and policy support in effective prevention and intervention strategies for youth, and teens must be engaged in driving crime from their communities; WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses, and individuals as they help to nurture communal responsibility and instill pride; NOW, Therefore, I John Landers, Mayor, do hereby proclaim October 1997 as Crime Prevention Month in Lino Lakes and urge all citizens, government agencies, public and private institutions, and businesses to recognize the power of prevention and work together for the common good. Clerk/Treasurer • • • 110 Council Member Neal introduced the following ordinance and moved its • • adoption: CITY OF LINO LAKES ORDINANCE NO. 26-97 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDMENT TO SECTION 401.18, MUNICIPAL WATER SYSTEM, CONNECTION APPLICATIONS The City Council of the City of Lino Lakes ordains: Section 401.18 Connection Applications of the Lino Lakes City Code is amended as follows: Add Subd. 7, Installation of Water Meters: The permit and location shall be approved by the Public Works Director/Superintendent. 1. Installation of the water meter, remote and remote wire, raising the curb box to finished grade, turning on the water, and flushing of the lines shall be the responsibility of a plumber duly licensed and registered according to Minnesota Plumbing Codes. The meter setting shall be provided as follows: a. Meter settings shall be located in the utility, laundry or furnace room and in every case shall be located no more than eight (8) feet from the nearest floor drain unless there is prior approval from the Public Works Director/Superintendent. b. The setting shall be installed to provide that the meter be between six (6) and twelve (12) inches from the wall and between eighteen (18) and thirty- six (36) inches from the finished floor. c. The water meter shall have full accessibility with a clear space of three (3) feet in all direction except as noted in paragraph (b). d. Each meter setting shall be provided with a ball valve on the street side and the house side of the meter. Such valves shall be well protected from freezing. e. Meter setting shall he accomplished with brass mechanical joint ahead of the inlet hall valve. f. A Meter Interface Unit (MIU) shall be securely installed on the exterior surface of the wall closest to the water meter. A single RJ I 1 telephone jack receptacle shall also be installed on the exterior surface of the wall within eighteen (18) inches of the MIU. This jack receptacle shall be wired into the existing active telephone circuit. The water meter encoded register (ECR) shall be connected to the MIU with three wire conductor type as specified by the City. The MIU shall be connected to the telephone jack with telephone wire and a RJ11 jack plug. All wires shall be secured by use of wire ties of clips. g. Remote reading devices. Remote touch pads shall be installed in the area of other utility meters three (3) or four (4) feet above finished ground level, on the finished exterior wall. Typically, the remote shall be installed on a side wall within twelve (12) feet of the front line of the building. In no case shall the remote be allowed on the front or rear of the building without prior permission from the City. The wire to the remote may not be exposed on the exterior wall. The wire must be of the three wire conductor type as specified by the City, with two of the wires being connected to the touch pad from the MIU. 2. The City shall be notified when the meter setting is complete, at which time the City will inspect and approve the installation, seal the water meter and program the MIU. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes this 8th day of September, 1997. Appr.ved: Attested: Marilyn G. Anderson, Clerk/Treasurer • • L. Landers, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Lyden, Neal, Landers. The following voted against same: none, Council Members Bergeson and Kuether• were absent. • Council Member Lyden adoption: • • introduced the following ordinance and moved its CITY OF LINO LAKES ORDINANCE NO. 28-97 EMERGENCY ORDINANCE EXTENDING THE MORATORIUM ON THE ESTABLISHMENT, EXPANSION, MODIFICATION OR REBUILDING OF ANY RADIO COMMON CARRIER FACILITY WITHIN THE CITY OF LINO LAKES AS DEFINED IN ORDINANCE NO. 10-97 The City Council of the City of Lino Lakes ordains: WHEREAS, the City Council has directed the City Staff to prepare an ordinance regulating the establishment, expansion, modification or rebuilding of any radio common carrier facility within the City of Lino Lakes, and WHEREAS, the Planning and Zoning Board and City Council is in the process of reviewing said ordinance, and WHEREAS, additional time is needed to complete the public hearing process, and WHEREAS, the moratorium as defined in Ordinance No. 10-97 will expire on October 14, 1997, NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby directs that the moratorium as established in Ordinance No. 10-97 be extended from the original date of expiration to December 31, 1997 by this Emergency Ordinance No. 28-97. This Ordinance shall become effective immediately upon its passage by the City Council. Passed by the City Council this 22nd day of September, 1997. ATTEST: t,�� Marilyn G. Anderson, Clerk/Treasurer L G John Landers, Mayor ORDINANCE NO. 28 - 97 Page -2- The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Lyden, Neal, Landers. The following voted against same; None, Council Members Bergeson & Kuether were absent. Whereupon said ordinance was declared duly passed and adopted. • • PROCLAMATION October of 1997 is Proclaimed as DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS,. the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of sad crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, over 43,000 victims of violence have and will continue to access assistance from Alexandra House, a domestic violence service provider for women and families; and WHEREAS, it is estimated that up to 70% of the children and youth who come to Alexandra House are themselves, abused victims of domestic violence; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH, and WHEREAS, and NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH, Anoka County media, churches and other organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence. NOW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL that John L. Landers. Mayor of the City of Lino Lakes proclaims October to be Domestic Violence Awareness Month in the City of Lino Lakes. hn L. handers, Mayor