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HomeMy WebLinkAbout12/29/1997 Council MinutesCOUNCIL MINUTES DECEMBER 29, 1997 CITY OF LINO LAKES MINUTES DATE : December 29, 1997 TIME STARTED : 5:03 P.M. TIME ENDED : 6:10 P.M. MEMBERS PRESENT : Bergeson, Landers, Neal, Kuether and Lyden MEMBERS ABSENT : None Staff members present: City Engineer, David Ahrens; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; and Clerk -Treasurer, Marilyn Anderson SETTING THE AGENDA Mayor Landers requested that Agenda Item No. 6, Consideration of Resolution No. 97 - 185 Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, 79th Street, be moved to immediately follow Open Mike. Mayor Landers also requested that consideration of the December 15, 1997 Council minutes be removed from the consent agenda and added as Agenda Item No. 7.A. Council Member Kuether requested that 801 Main Street be added as Agenda Item No. 7.B. The Agenda was approved as amended. CONSENT AGENDA Council Member Kuether moved to approve the Consent Agenda. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES, December 15, 1997 DISBURSEMENTS: See Agenda No. 7A December 29, 1997 (Checks No. 49607 - 49703, $145,173.22) Approved December Manual Disbursements ($205,400.07) Approved OPEN MIKE IIINo one appeared under Open Mike. COUNCIL MINUTES DECEMBER 29, 1997 CONSIDERATION OF RESOLUTION NO. 97 -185 DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN, 79TH STREET, DAVID AHRENS Mr. Ahrens explained that the City is currently planning the construction of streets and utilities for the Highland Meadows housing project. This project requires the upgrade of 79th Street to a City standard roadway, as well as installation of utilities to serve the Highland Meadows project. Currently, 79th Street has 33 feet of right-of-way, and City standards require 60 feet of right-of- way. Therefore, the acquisition of 27 feet of additional right-of-way is necessary for the proposed improvements to 79th Street. With the adoption of this resolution, the City is certain to acquire the necessary right-of-way in a timely manner so as not to delay the City improvement projects. Council Member Kuether asked why part of the additional 27 feet could not be taken from the north side of 79th Street. Mr. Ahrens indicated that taking this additional right-of-way from the south side of 79th Street seemed appropriate in his estimation. However, he added that he would prefer to have City Attorney Hawkins examine a map of the area to assist in any determination of change to this proposal. Council Member Kuether requested clarification of the setbacks south of 79th Street. John Guz7i who was present in the audience indicated that his property was adequately set back; however, he pointed out that Mike Broker's property had only a 50 -foot setback. Mr. Ahrens stated that the overall intent is to negotiate a fair price. Council Member Kuether suggested that if Mr. Broker's property is that close, then consideration should be given to taking some of the right-of-way from the south side of 79th Street. That is a possibility, according to Mr. Ahrens. The main issue is obtaining the additional 27 feet. Council Member Neal expressed concern that area property owners had not been sufficiently notified of this proposed action. Mr. Ahrens stated that he was unable to reach Mr. Broker, and had not had an opportunity to contact property owners on the north side of 79th Street. He added that he assumed consideration of the original resolution proposing the Highland Meadows Project improvements addressed the notification issue. Council Member Neal asked why all property owners were not notified of this meeting. Mr. Ahrens explained that he was not aware that this item would come before Council for consideration at this meeting until earlier today when he was apprised by City Attorney Hawkins that the original resolution referred to above did not cover the right-of-way issue. Council Member Lyden moved to deny adoption of Resolution No. 97 - 185, as presented. Motion failed for lack of a second. Council Member Lyden moved to return Resolution No. 97 - 185 to Staff for further review. Council Member Neal seconded the motion. 2 COUNCIL MINUTES DECEMBER 29,1997 • Mayor Landers asked about the effect of delay on the proposed project timetable. Mr. Ahrens indicated that delay would pose a problem. Motion failed by majority vote. Council Member Kuether moved to adopt Resolution No. 97 - 185 subject to the City Engineer locating the roadway in such a manner that it has the least possible impact on adjacent properties. Council Member Bergeson seconded the motion. Council Member Lyden asked who would determine how such action would effect property values. Mr. Ahrens suggested that homeowners can request appraisals. Mr. Schumacher pointed out that the cost of such appraisals would be borne by the City. Council Member Lyden requested clarification that any devaluation or property damage would be specified by an appraiser. Mr. Ahrens explained that such effects would be noted in an appraisal report. Council Member Neal reiterated concern that consideration of this proposal was not properly prepared for on the part of Staff. Motion carried, with Council Members Lyden and Neal voting no. Resolution No. 97 - 185 can be found at the end of these minutes. SECOND READING, ORDINANCE NO. 38 - 97, AN ORDINANCE AMENDING THE LINO LAKES SIGN ORDINANCE NO. 12 - 97, SECTION IV L.b., ESTABLISHING SIGN REGULATIONS OF POLITICAL CAMPAIGN SIGNS, BILL HAWKINS In City Attorney Hawkins' absence, Mayor Landers presented Ordinance No. 38 - 97, as amended, to Council for second reading. Mayor Landers indicated that changes agreed upon at the first reading of this ordinance had been incorporated, with two exceptions: (1) three-day notification prior to removal of any campaign sign, and (2) designation of an enforcement authority. Council Member Lyden asked why changes to Ordinance No. 12 - 97 were requested. Ms. Anderson explained that initially enforcement issues brought about the need to change the Ordinance. Council Member Lyden requested clarification as to primary concerns. Ms. Anderson stated that complaints included unsightliness and improper placement of campaign signs. Council Member Lyden asked if size was an issue. Council Member Kuether indicated that she had personally received calls from citizens regarding inappropriate size. Ms. Anderson indicated that communications to her in this regard had come from other candidates. Council Member Lyden suggested that size was not at issue. Council Member Kuether opined that the size of certain signs violated the terms of the current ordinance. Mayor Landers suggested that any sign exceeding nine square feet in size required a permit. Council Member Kuether asked if the minimum size requiring a permit was 4 x 8. Ms. Anderson responded that she did not have that information. COUNCIL MINUTES DECEMBER 29, 1997 Council Member Bergeson commented on reference to display of campaign signs for eighteen days, stating that he would not be opposed to increasing that time to 25 days. Council Member Lyden requested recognition of Rosemary Storberg, a member of the audience, who stated that in prior years permits for placement of campaign signs were not required. Mayor Landers explained that an amended ordinance, passed this past summer, specified the requirement for a permit for any sign over six square feet. He added that all signs were always illegal on rights-of-way. Mayor Landers expressed agreement with Council Member Bergeson regarding an increase in display time to 25 days prior to the election. Council Member Lyden asked about the provision for display time in the old ordinance. Mayor Landers stated that the old ordinance allowed for 90 days of display time prior to election. He added that the lengthy period was intended to allow for elections that would include primaries. Ms. Anderson pointed out that every even -numbered year will include a primary election. Mayor Landers reminded the group that the subject at hand is City elections only. Council Member Lyden pointed out that the proposal is to cut display time from 90 days to 25 days. He added that he has used large campaign signs for the past two elections. Mayor Landers stated that he had personally received approximately 13 complaints from citizens regarding Council Member Lyden's campaign signs. Council Member Lyden moved to approve Ordinance No. 38 - 97, with the following changes: (1) display time increased to 30 days; (2) 4 x 8 signs permitted in rural areas without the requirement of a permit; and, (3) any signs placed in rights-of-way are to be removed and disposed of. Motion failed for lack of a second. Council Member Bergeson moved to approve Ordinance No. 38 - 97 with the following changes: display time increased to (1) 25 days prior to election; and, (2) 5 days after election. Council Member Kuether seconded the motion. Council Member Lyden asked about provisions for signs in rights-of-way. Council Member Kuether suggested that such policing would fall under another authority. Council Member Neal suggested that the Police Department was not the appropriate authority to enforce sign ordinance violations. He indicated the Public Works Department would be more appropriate. Council Member Bergeson asked if in the past the Building Inspector had acted in this capacity, to which Ms. Anderson responded in the affirmative. Motion carried, with Council Member Lyden voting no. 4 COUNCIL MINUTES DECEMBER 29, 1997 Ordinance No. 38-97 can be found at the end of these minutes. CONSIDERATION OF NON-UNION EMPLOYEE COST -OF -LIVING ADJUSTMENT TO THE PAY PROGRAM, RANDY SCHUMACHER Mr. Schumacher explained that each year Council is asked to consider a cost of living adjustment for non-union employees via an adjustment to the Pay Program. Union employee adjustments are conducted through collective bargaining, and are effective January 1 of each year. Increases for other employee groups for 1998 include 2.9% for Teamsters and 3.0% for LLMA employees. Council Member Bergeson requested a recent inflation figure. Mayor Landers stated 2.3%. Mr. Schumacher added that rates vary according to area, explaining that more densely populated metropolitan areas (such as the Twin Cities) are rated higher than more rural settings. He added that Dan Tesch is currently working on the HAY study, which will provide additional information. In any event, classification issues will be returned to Council for consideration in January, at which time many questions will be answered. Council Member Bergeson asked about the status of the other union (49ners) negotiations. Mr. Schumacher indicated that they are not yet settled. Council Member Bergeson moved to approve the 3% non-union salary adjustment. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 97 - 184 AMENDING BY SUBSTITUTION THE NORTH CENTAL SUBURBAN CABLE COMMUNICATION COMMISSION JOINT COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM, RANDY SCHUMACHER By way of background, Mr. Schumacher explained that in 1997 Council, along with its partner cities in the North Central Suburban Cable Communications Commission, voted to take over the operations for public access. Now that the takeover is complete, adjustments to the Joint Cooperative Agreement are required which will reflect the operation of public access. The Commission has spent several months updating this document. Mr. Schumacher explained the following included changes: • Renaming of NCSCCC to Metro Telecommunications Commission (NMTC) • Establishment of an Operations Committee (city administrators of each city) • Acknowledging the regulation of new technologies Mr. Schumacher added that each city participating in the regulation of this franchise is required to approve this amended Joint Cooperation Agreement. Council Member Neal pointed out that a City Council member must sit on this committee. Mayor Landers explained that he had occupied that position, with Dan Tesch attending meetings 5 COUNCIL MINUTES DECEMBER 29, 1997 in his stead due to scheduling conflicts. It was agreed that this issue should be placed on the appointment schedule for 1998. Council Member Kuether moved to adopt Resolution No. 97 - 184, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 184 can be found at the end of these minutes. OLD BUSINESS December 15, 1997 Council Minutes - Mayor Landers pointed out that on Page 22 of these minutes the following correction is indicated: Consideration of Minutes, December 8, 1997 (Council Member Kuether was absent) - Council Member Lyden moved to approve the December 8, 1997 Minutes, as submitted. Council Member Neal seconded the motion. Motion carried, with Council Member Kuether abstaining. Additionally, Kim Sullivan from the audience, pointed out that under Open Mike Donna Carlson did not speak on behalf of the Citizens Advisory Group, as stated in these Minutes, but as a member of that organization. NEW BUSINESS REMINDER, Reception for Mayor Landers and Council Member Kuether, Tuesday, December 30, 1997, 5:00 p.m. 801 Main Street - Council Member Kuether indicated a problem with the manner in which the request for a minor subdivision by North Suburban Development was handled at the December 15, 1997 Council meeting. She expressed dissatisfaction with a Staff recommendation that an alternate septic system site be provided by the applicant, stating that the City had never made that requirement of any previous applicants in similar proposals. Council Member Kuether stated that she had been informed that North Suburban Development stood to incur costs of approximately $1,000 to satisfy this requirement. Council Member Lyden explained that in moving to approve North Suburban Development's minor subdivision request his intent was that a qualified City employee would visit the site and determine an appropriate alternate septic system location. Council Member Kuether explained that her primary concern is the appearance of discrimination on the part of Council requesting that North Suburban Development comply with this additional request as a condition of approval of its project. 6 • • • COUNCIL MINUTES DECEMBER 29, 1997 Council Member Bergeson pointed that although discussion might not have been adequately reflected by the Minutes, the issue of an alternate septic system site was no more than a Staff recommendation which was a subject of discussion in connection with North Suburban Development's minor subdivision proposal. Ms. Anderson recommended action by Council clarifying the Motion made at the December 15, 1997 meeting with regard to this matter. Council Member Bergeson moved to direct Staff to send a letter to the affected property owner indicating that the Motion passed by Council on December 15, 1997 did not include the requirement for a second septic system site. Council Member Lyden seconded the motion. Motion carried, with Council Member Kuether abstaining. Discussion of Police Services, Randy Schumacher - Mr. Schumacher indicated that he had been approached by representatives of adjacent communities regarding the possibility of creating a joint police service arrangement among Lino Lakes and its neighbors. He explained that a number of years ago such a concept was suggested, but communities such as Circle Pines and Centerville did not feel a joint services arrangement was appropriate at that time. However, due to changes in community needs and available services over the years, these communities and others now feel that such an expanded service would be appropriate. Mr. Schumacher stated that his intention at this time is to inform Council of interest in future discussions, suggesting that the Mayor would communicate with outlying communities regarding police services for the area. He added that a number of grant programs are available to assist with this type of joint service. Quality of service was stressed, with emphasis on maintaining the level of service currently enjoyed by Lino Lakes residents at no additional cost. Council Member Bergeson suggested that future discussions should include all appropriate options, one being a contractual arrangement which would not compromise Lino Lakes' present quality of service. Council Member Kuether agreed, pointing out that Lino Lakes had paid too high a percentage of the cost for fire service in the past with too little control. She stressed the need to monitor the issue of expense in any upcoming discussions regarding joint police services. Mayor Landers stated his agreement that discussions would be appropriate; however, he echoed the need to maintain Lino Lakes high quality of service to its citizens. Council Member Lyden asked about a proposed timetable. Mr. Schumacher indicated that the other communities would like to proceed, but a formal recommendation to Council would depend upon the outcome of discussion. Council Member Lyden indicated that a cap should be placed on expenditures for such joint services. COUNCIL MINUTES DECEMBER 29, 1997 Council Member Bergeson requested clarification from Mr. Wessel as to the timetable for the new Lino Lakes Police Department facility. Mr. Wessel stated that groundbreaking remains on schedule for May of 1998, and that a cushion has been built into the facility plans in anticipation of Department changes. Chief Pecchia explained that the Department will remain in close contact with the architect, keeping him apprised of developments with respect to possible changes. He specified a time frame of three weeks within which he will update the architect regarding possible expansion. Council Member Bergeson commented that, in his opinion, since Centerville currently received service of lesser quality than Lino Lakes, any future cooperative effort should recognize and remain consistent with that pattern. Chief Pecchia mentioned that Circle -Lex Police Department will be losing its police chief January 1, 1998, as well as two additional commissioners shortly thereafter. Doug Swenson is to be appointed a judge. A special election will be held in January to fill his Senate seat, including a primary election. ADJOURN Council Member Kuether moved to adjourn at 6:11 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, January 12, 1998. _6406A/c„,,, .71 Marilyn Anderson, Clerk -Treasurer John L. Landers, Mayor fr-se4 '47e: Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. 8 • • Council Member Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 38 - 97 AN ORDINANCE AMENDING THE LINO LAKES SIGN ORDINANCE NO. 12 - 97, SECTION IV L. b. WHICH ESTABLISHES SIGN REGULATIONS OF POLITICAL CAMPAIGN SIGNS FOR MUNICIPAL ELECTION The City Council of the City of Lino lakes ordains: Section 1. Section IV L.b. of the Lino Lakes Sign Ordinance no. 12 - 97 is amended to read as follows: b. Other Election Years: In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of eight (8) square feet in size and dimensions not greater than two (2) feet by four (4) feet. These signs shall be confined within private property, provided that the property owner's permission has been obtained. A maximum of two (2) signs per candidate is allowed on any residential lot within the Single Family (R1) and Single -Family Executive (R -1X) zoning classifications. In all other zoning classifications, signs are limited to two (2) per candidate every two hundred (200) feet of road frontage. No more than two (2) signs per candidate shall be placed in front of the polling places. Campaign signs may be displayed twenty-five (25) days prior and five (5) days after the election for which they are intended. Notwithstanding any provision contained in this Ordinance, the City, upon three (3) days notice, may remove any campaign sign in violation of this Ordinance. The sign enforcement authorities for the City of Lino Lakes are authorized to request enforcement of campaign sign violations through agencies and individuals not employed by the City of Lino Lakes Section 2. Effective Date This Ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the City Council this 29th day of December, 1997. L. Landers, Mayor Ordinance No. 38 - 97 Page -2- ATTEST: -4t1 Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Council Members Bergeson, Kuether, Neal, Mayor Landers. The following voted against same: Council Member Lyden. Whereupon said ordinance was duly passed and adopted. • • RESOLUTION NO. 97-18 4 CITY OF Lino Lakes STATE OF MINNESOTA RESOLUTION AMENDING BY SUBSTITUTION THE NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Lino Lakes , (hereinafter "City") is an existing member of the North Central Suburban Cable Communications Commission (hereinafter "Commission"); and WHEREAS, the Commission recommends amendments to the Joint and Cooperative Agreement For The Administration Of a Cable Communications System (hereinafter "Agreement") by substitution of the Agreement attached hereto as Exhibit A; and WHEREAS, the recommended amendments include modifications to provide for the administration of certain public access functions and to create a standing Operations Committee for such purpose, and to change the name of the Commission to the "North Metro Telecommunications Commission"; and WHEREAS, the City believes it to be in its best interest to amend the Agreement as recommended by Commission. • THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes amends by substitution the existing Agreement by adopting the Agreement attached as Exhibit A. • The above -listed resolution was moved by Council Member Kuether and duly seconded by Council Member Neal The following Council Members voted in the affirmative: Bergeson, Kuether, Lyden, Neal, Landers. The following Council Members voted in the negative: None. The above resolution was duly adopted December 29 ATTEST: 1W- Clerk-Treasurer C�ic �- 1 c� C:CABLE\NCSCCC' RES -.AMEN. VII , 1997. City Official Member Kuether introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION 97-185 EMINENT DOMAIN RESOLUTION WHEREAS, the City of Lino Lakes proposes to construct and improve 79th Street by constructing streets and utilities to serve the Highland Meadows project, and WHEREAS, the improvement consisting of construction said street and utilities is herein determined necessary to provide for the safety of the public, and WHEREAS, permanent and temporary easements and fee simple interests over certain lands are required to provide for said construction, and WHEREAS, Lino Lakes has authority to acquire right-of-way for said improvements Eminent Domain pursuant to Minnesota Statutes, and WHEREAS, Lino Lakes has the right to acquire the right of way prior to the filing of an award by the court appointed commissioners, pursuant to Minnesota Statutes 117.011 and 117.042, and, WHEREAS, Lino Lakes has been unable to successfully negotiate the acquisition of required easements at this time; NOW THEREFORE BE IT RESOLVED, That the City Council hereby authorizes the acquisition of land by Eminent Domain and to take title and possession of that land prior to the filing of an award by the court appointed commissioner, pursuant to Minnesota Statutes No. 117, and BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary Petitioner therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court. Dated: December 29, 1997 ATTEST: Marilyn G. Anderson, Clerk -Treasurer John L. Landers, Mayor • • • • • • The motion for the adoption of the foregoing resolution was duly seconded by member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. and the following voted against same: Council Member Lyden Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on December 29, 1997. 6.4A - Marilyn G. Anderson, Clerk -Treasurer