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HomeMy WebLinkAbout06/28/1999 Council MinutesCOUNCIL MINUTES JUNE 28, 1999 CITY OF LINO LAKES MINUTES DATE : June 28, 1999 TIME STARTED : 6:30 P.M. TIME ENDED : 9:15 P.M. MEMBERS PRESENT : Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch; City Attorney, Barry Sullivan; Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); City Planner, Jeff Smyser; Economic Development Assistant, Mary Alice Divine; Public Services Director, Rick DeGardner; Police Sergeant Steve Mortenson; and City Clerk - Treasurer, Marilyn Anderson SETTING THE AGENDA Item 6A, Consideration of Hiring Full -Time Records Clerk, was removed fr Item 4A, Consideration of Hiring Public Works -General Mainten m 1Ai, June 9, 1999, Council Work Session Minute w • <d the agenda. Item 1Aii, June 14, 1999, Regular Council .►. moved to Item 8E under New Business. Item 1Aiii, April 21, 1999, Council n Minutes, was moved to Item 8F under New Business. CONSENT AGENDA Council Member Dahl moved approve the Consent Agenda, as amended. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: June 9, 1999, Council Work Session - Upon adoption of the agenda, this item was removed. DISBURSEMENTS: June 28, 1999 (Check No. 56104 - 56216, $206,128.36) Approved Manual Checks oved from the agenda. • 1 COUNCIL MINUTES JUNE 28, 1999 ($235,226.27 and $32,644.00) Approved Centennial Fire District Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Mayor Sullivan welcomed everyone present to the new City Hall building. The City is very proud of the building and pleased to share it with all the residents of Lino Lakes. Mayor Sullivan reminded those present there are cards in the back of the room for residents to fill out if they have questions for staff. The cards should be left on the Administration desk and staff will contact the writer. Mayor Sullivan stated the City received an Achievement Award from the League of Cities recognizing the Town Center project. The plaque will be placed in the display area outside of the City offices. No one appeared under open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESC> Consideration of Temporary Wage Increase for Fi c Li Waite Smith - Ms. Paula Schloer and Ms. Lynn Francis are part-time employees inw - , ment. For the second year in a row, they are performing essential, higher level duties � m." s while the organization is without a Finance Director. Staff requested authorization Finance Director starts work. from the vacant position's sal increases would be $3,235.20. eir aries by 10 percent for the period of April 19, 1999, until a new st for the increase to both positions is $3.37 per hour and is available oth employees work full-time for 24 weeks the total cost for both salary Staff noted the representative of AFSCME understands the unique circumstances and concurs with the recommendation. Mayor Sullivan asked the Council to consider a 7% increase because a 10% increase is used for lead workers who perform in a supervisory position. Council Member Lyden moved to authorize a 10% salary increase for Ms. Paula Schloer and Ms. Lynn Francis for period of April 19, 1999, until a new Finance Director begins work. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Block Party Request, 200 Palomino Lane, Linda Waite Smith - A block party is planned on Palomino Lane on July 4th, starting at 3:00 p.m. and ending at 10:00 p.m. A parade will also be a feature of this block party. Staff referred to a map, which outlines the parade route. 2 COUNCIL MINUTES JUNE 28, 1999 Ilkaff also referred to a map that shows the property owners who have signed the petition acknowledging they were notified about the party and parade. Council Member Bergeson moved to approve the application for a Block Party on Palomino Lane, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Consideration of Hiring Public Works -General Maintenance Worker - Upon adoption of the agenda, this item was removed. Consideration of FIRST READING, Ordinance No. 16 - 99, Sale of City Property, Behm's Century Farms - The City currently owns an 8.6 acre parcel of land in the Behm's Century Farm Development. With over 175 new homes in the Behm's Century Farm Development, there is a desire and a need to provide a neighborhood park to serve area residents. Mr. Uhde and staff have met on numerous occasions to determine how this park recommendation is to sell approximately 2.25 acres of parkland in exchange parkland. This agreement includes clearing and grubbing, grading, fou and construction of trails including engineering, four (4) inch sub- daterial. The development costs are approximately $75,000 ss than $75,000, he will make up the remainder in c eveloped. Staff nt of the remaining it import, seeding, es of bituminous d that if development costs are The preliminary proposal was discussed at b e4'ig on May 3rd. Concerns that were identified at the meeting have been addressed. R i o ' - allows for four (4) residential lots along Mustang Lane Sta f referred to the final concept plan, which was distributed t the lay and June Park Board meetings. The Park Board proposal is approved, anticipated installation of the playground Dedication Funds that were received from the Behm's Century Farm and five (5) residential lots along P to Council. This proposal w recommended approval of thi equipment would be this fall u Development. This proposal is directly linked to the future development of the Molitor property to the north. Mr. Uhde and City staff have made a commitment for a park area that will be more of a destination park. Without any significant revenue sources in the near future to develop neighborhood parks, staff is in support of this proposal. Staff indicated the developer does understand that the City is selling the property without making any commitment to approving any zoning changes or development proposals. The City Attorney emphasized the purchase agreement does not bind the City to anything. Council Member Lyden moved to approve a Purchase Agreement selling approximately 2.25 acres of parkland in exchange for development of the remaining park area as outlined in Ordinance No. 16 - 99. Council Member Bergeson seconded the motion. • 3 COUNCIL MINUTES JUNE 28, 1999 Council Member Bergeson voted yea. Council Member Dahl voted yea. Council Member Lyden voted yea. Council Member Neal voted yea. Mayor Sullivan voted yea. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL SECOND READING, Approve Ordinance No. 15 — 99, Easement Vacation, Elm Street, Mary Kay Wyland — The City Council held a public hearing on June 14th and approved the FIRST READING of this ordinance vacating a portion of the drainage and utility easement on Lots 2 and 3, Willow Ponds of Lino Lakes. Since there have been no comments or correction to Ordinance No. 15 — 99, staff recommended approval of the SECOND READING. Council Member Dahl moved to approve the SECOND READING of Ordinance No. 15 - 99, as presented. Council Member Bergeson seconded the motion. Council Member Bergeson voted yea. Council Member Dahl voted yea. Council Lyden voted yea. Council Member Neal voted yea. Mayor Sullivan voted yea. Motion carried unanimously. Ordinance No. 15 - 99 can be found at the end of these PUBLIC HEARING - FIRST READING a e No. 18 - 99, Easement Vacation, Behm's Century Farm 5th Addition, Mary Vo e Required) - Staff recommended the public hearing be continued to the August ncil meeting to allow a review by the Rice Creek Watershed District. Council Member Lyden move c •" inue the public hearing as requested by staff. Council Member Dahl seconded the motion. Motion ied unanimously. PUBLIC HEARING - FIRST READING, Approve Ordinance No. 17 - 99, Easement Vacation, Oak Brook Peninsula, John Powell (4/5 Vote Required) Staff recommended the public hearing be continued to the July 12, 1999, Council meeting. More information is needed by staff to make a recommendation. Council Member Dahl moved to continue the public hearing as requested by staff. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Variance, 1112 Holly Court, Phillip & Christine Javinsky, Mary Kay Wyland - Mr. and Mrs. Javinsky have requested a variance to allow the construction of a pole barn on their property at 1112 Holly Court. The variance is required because the pole barn will be located closer to the front lot line than their principal structure. 4 COUNCIL MINUTES JUNE 28, 1999 elffhas reviewed the request and believes the variance criteria can be met. The Planning and Zoning Board ommended approval of the variance at their June 9th meeting with conditions. Staff explained that the structure would not be in the flood plain. A written statement acknowledging notification of the variance request will be requested from adjoining property owners. Council directed staff to research the possibility of a larger setback when reviewing City Ordinances later this year. Council Member Bergeson moved to approve the variance based on the following conditions: 1. Property building permits be obtained prior to construction. 2. The proposed building is located within the required building and shoreland setbacks. 3. The structure is sized according to Sec. 3. Subd. 4 of the Zoning Ordinance. 4. The adjoining property owners be notified. 2.ouncil Member Lyden seconded the motion. Motion carried unanimo 'urfside Addition, Aqua Lane, Amended Planned Devel = f: �� t ay, O), Resolution No. 99 - 47, ry Kay Wyland - Mr. Bruce Hanson of Surfside S • .1 B • ec d approval of a preliminary plat and DO Rezone for five (5) R -1X single family lots d . - h. = ars and a joint taxiway on August 25, 1997. Anal Plat approval was granted on April 12 in.r • pproval included the provision that 2400 square foot hangars would be allowed * + o iv al s aplanes with access to the joint taxiway. Mr. Hanson has reviewed thi dit ' pith silie potential buyers who have requested additional hangar space. He requested an amen. \) O a : allow hangars up to 3200 square feet. The Planning and Zoning Boar eld a public hearing on this request June 9th and recommended approval of his amended PDO as outlined in Resolution No. 99 - 47. Mr. Hanson addressed a concern regarding attaching large hangars to the new homes. :ouncil Member Bergeson moved to approve Resolution No. 99 - 47 with the condition that the Declaration of Covenants, Conditions and Restrictions be amended to reflect a hangar size of 3200 square feet, and Section 5.15F of the Declaration of Covenants is removed. Council Member Neal seconded the motion. Council Member Bergeson voted yea. Council Member Dahl voted yea. Council Member Lyden voted yea. Council Member Neal voted yea. Mayor Sullivan voted yea. .otion carried unanimously. 5 COUNCIL MINUTES JUNE 28, 1999 Oasis Market/Amoco, 7509 Lake Drive, Amended Conditional Use Permit, Mary Kay Wyland - Twin Cities Stores Inc., DBA Oasis Markets is the current owner of the property and is requesting this Amended Conditional Use Permit to allow two (2) additional gas pumps to be located on the Lake Drive side of the building. These gas pumps were shown as "future pumps" on the originally approved site plan. Staff has reviewed the request and recommends approval of the additional pumps. There appears to be adequate maneuvering space in this location and no parking will be displaced. Staff does, however, have some other concerns that need to be addressed which include truck parking, lighting, and drainage. The Planning and Zoning Board held a public hearing on June 9, 1999. After considerable discussion, they recommended approval of this Amended Conditional Use Permit with conditions. Buffering on the south boundary of the property was discussed. Several trees between this business and the residence to the south were lost in the storms last year. This particular area also includes an easement and the City has constructed utility service on the easement. A future roadway may also be constructed between the property and the residential property to the south. There may not be room for additional buffering. Mr. and Mrs. Skoglund, 7481 Lake Drive, property owners on the south bo s operty came forward and presented their concerns. Council directed staff to determine which trees need to be cl ity which trees need to be cleared by the property owner. Staff will contact the Skoglund' r din e up later this week. Mr. Wessel indicated he would contact the owner of the prope e• <, at U.S. West has been making new connections in that area. There are require, o• the area. Staff advised that Amoco would be > melds over the lights to reduce the glare from the lights. Mr. John Paron, representativ: , is Market, stated he fully understands he cannot activate the new pumps until all conditions are °; apologized to Mr. and Mrs. Skoglund for any problems the property has created. He asked Council to r °' iew the request in 30 days when all conditions have been met. He stated he would meet with the neighbors after the shields are installed to make sure they are acceptable. Council Member Lyden moved to table the Amended Conditional Use Permit for 30 days until the following conditions are met: 1. Proper permits are obtained from all affected agencies. 2. Overnight parking of any vehicles is prohibited and truck/trailer parking is limited to two (2) hour maximum. A sign shall be posted on the rear parking lot and within the building indicating such. "No Overnight Parking" signs shall be placed at each entrance. 3. The ponding area shall be cleaned and restored to its original contours. 4. Condition No. 2 and 3 shall be completed prior to full functioning of the two (2) new pump islands. 5. Site lighting shall conform to the requirements of the Zoning Ordinance in relation to light and glare. 6. Conditions 1 through 8, contained in the original permit, granted May 11, 1992, shall be made a part of this permit. 6 COUNCIL MINUTES JUNE 28, 1999 •Respective shielding for the lights be installed that the neighbors approve and they will meet or exceed the City ordinance. Council Member Neal seconded the motion. Motion carried unanimously. Consider Approving Signage Request from Kathy Hansmann, Brian Wessel - Jeff and Kathy Hansmann are the owners of Fast Break Corner Market, which is under construction at the southwest corner of Lake Drive and Apollo Drive in the Town Center area. The Hansmann's want to install a 25 -foot high monument style sign on one corner of their building site. Current City ordinances allow such a sign. However, projects in the Town Center area are usually approved by the City Council upon the recommendation of the Planning and Zoning Board with the condition that design issues are reviewed by a staff/citizen group known as the Town Center Committee. The Hansmann's signage request was approved by the City Council in August 1997, but has not been considered by the Town Center Committee. It has been reviewed by staff and consultants who indicate that a 25 -foot high sign is too high and that a 14 -foot high sign would be more appropriate. The Hansmann's are requesting that City Council approve their request without r Center Committee. Staff recommends that the request be referred to the To and recommendation before the City Council takes action. ayor Sullivan noted the guidelines of the Town Center Co Gated she cannot comply with the 14 -foot sign reco si m amount of time and has been costly. She suggeste understanding that it does not diminish the r Ms. Kathy Hansmann, owner of F in a timely manner. The trees to resolve this issue tonight so of July. back to the Town 'ttee for review ceable. The applicant has rocess has taken a considerable request to move forward with the er Committee. er Market, came forward and noted the need to move forward n sa ` - d on the site are causing a visibility problem. It is imperative n can be ordered and installed before she opens for business at the end Council Member Bergeson moved to refer the request to the Town Center Committee for review and recommendation with the understanding that a special Council meeting will be held on Friday, July 2, 7:30 a.m., to review and approve their recommendation, and that more specific guidelines and timelines for the Town Center Committee process are developed within a short period of time. Council Member Lyden seconded the motion. Motion carried with Council Member Neal abstaining. Consideration of American Legion Land Purchase, Resolution No. 99 — 48, Brian Wessel - The Blaine American Legion has an option to buy the site where the former police building is located. At the Council work session on June 23, 1999, representatives of the Legion Club and the City Council agreed to a purchase price of 060,000 plus assessments for the one -acre lot. 7 COUNCIL MINUTES JUNE 28, 1999 Staff was directed to prepare a resolution outlining why the City agreed to a sales price that is less than the appraised value of the land. Staff was also directed to prepare an ordinance authorizing the sale. The ordinance • will be brought to the July 12, 1999, Council meeting. Council Member Neal suggested that the selling price be $40,000 in recognition of the time and money the Legion Club has expanded in its effort to relocate in Lino Lakes. Mayor Sullivan called for a 10 -minute break. Council Member Lyden moved to adopt Resolution No. 99 - 48, directing staff to prepare an ordinance authorizing the sale of a one -acre parcel of City owned property to the Blaine American Legion for $50,000. Council Member Neal seconded the motion. Council Member Lyden explained a selling price of $50,000 is a compromise between Council Members. Mayor Sullivan stated she could not support an additional $10,000 discount because the property is to be sold by the City to pay off other property debts within the Town Center. An additional discount cannot be justified to the taxpayers because this piece of land is valuable commercial property. Council Member Bergeson asked for assurances that the building actu shown to the Council at an earlier meeting. He stated he is not in f Club has agreed to a selling price of $60,000. He explained being opposed to the project. Motion carried with Council Member Berge ' u an voting no. Resolution No. 99 - 48 can be founf these "minutes. PUBLIC SAFETY DEPAR e proposal that was discount. The Legion ng price is not an indication of Consideration of Hiring Full ime Police Records Clerk, Steve Mortenson - Upon adoption of the agenda, this item was deleted. Consideration of Hiring Full -Time Police Officer, Travis Muyres, Steve Mortenson - Staff requested authorization to present a conditional job offer to Mr. Travis Muyres as a Police Officer for the City of Lino Lakes effective on or about July 15, 1999, contingent upon a successful completion of the background investigation and psychological and medical examinations. Council Member Lyden moved to approve a conditional job offer to Mr. Travis Muyres, effective July 15, 1999, contingent upon a successful completion of the background investigation and psychological and medical examinations. Council Member Dahl seconded the motion. Motion carried unanimously. OLD BUSINESS - None NEW BUSINESS 8 COUNCIL MINUTES JUNE 28, 1999 consideration of September 3, 1997, Council Work Session Minutes (Sullivan and Dahl were not on the Council) - Council Member Bergeson moved to approve the September 3, 1997, Council Work Session minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of September 11, 1997, Budget Work Session (Council Members Lyden & Neal were absent, Sullivan and Dahl were not on the Council) - Council Member Bergeson moved to approve the September 11, 1997, Budget Work Session minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Members Dahl, Lyden, Neal, and Mayor Sullivan abstaining. Consideration of June 14, 1999, Regular Council Meeting Minutes - Mayor Sullivan corrected page 7, paragraph 6, to read "Mayor Sullivan felt the intent of who is responsible for the open space plan has changed". Mayor Sullivan moved to approve the amended June 14, 1999, Regular Council Meeting minutes, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of April 21, 1999, Council Work Session Minutes - Mayor Sull' 21, 1999, Council Work Session minutes. Council Member Lyden seconde unanimously. e.OMMUNITY CALENDAR JUNE 28,1999 THROUG nvironmental Board Meeting, Wednesday, Ju Town Center Committee Meeting, 4th of July Holiday, Monda Park Board, Monday, July 6 ' , :30 p.m. City Council Work Session, Wednesday, July 7, 1999, 5:30 p.m. Charter Commission, Thursday, July 8, 1999, 7:00 p.m. Closed Council Meeting, July 12, 1999, 5:00 p.m., City Administrator Performance Appraisal Regular Council Meeting, Monday, July 12, 1999, 6:30 p.m. Mayor Sullivan thanked staff for all their work in putting the new City Hall building together. ed to table the April otion carried Council Member Neal asked about the status of the Comprehensive Plan. Staff advised that Council would discuss the MUSA issue at the next Council work session. The Plan will come before Council for action in •uust, 1999. 9 COUNCIL MINUTES JUNE 28, 1999 Mayor Sullivan noted there are two (2) other issues that need to be considered regarding the Comprehensive Plan. There is the compliance issue and Council Member Lyden's issue that all items be preservation development. There being no further business, Mayor Sullivan adjourned the meeting at 9:15 p.m. These minutes were considered and approved at the regular Council eng July 12, 1999. Marilyn An erson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 7/7/99 (5:44 p.m.) 7/12/99 (3:30 p.m.) 7/13/99 (4:05 p.m.) Kimber Mayor 10 • • • Council Member Dahl introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 15-99 AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT ON LOTS 2 & 3, BLOCK 1, WILLOW PONDS OF LINO LAKES The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. That it is in the best interest of the City and the property owners of Lot 2 and 3, Block 1, Willow Ponds of Lino Lakes to vacate the north 20' of the drainage and utility easement across said properties. II. That the City of Lino Lakes held a Public Hearing before the City Council on June 14, 1999 after due published and posted notice had been given on June 1 and June 8, 1999 and all persons interested were given an opportunity to be heard. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of the City of Lino 3; ' j = day of June, 1999. ATTEST: Ailyn-G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor: Bergeson, Lyden, Sullivan, Dahl, Neal The following voted against same: none an, Mayor Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 99-47 A RESOLUTION AMENDING THE SURFSIDE ADDITION PLANNED DEVELOPMENT OVERLAY WHEREAS, the City of Lino Lakes approved a Planned Development Overlay (PDO) for the Surfside Addition on April 12, 1999, and WHEREAS, that PDO called for a maximum seaplane hanger of 2600 square feet, and WHEREAS, the Planning and Zoning Board held a Public Hearing and recommended approval of an amendment to the original PDO and the City Council of the City of Lino Lakes has determined that it would be reasonable to increase the hanger size to 3200 square feet to be consistent with the provisions approved for the other air park(s) within the City, the Lino Air Park, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes has increased the maximum hanger size at the Surfside Addition to 3200 square feet and that the Declaration of Covenants, Conditions and Restrictions for the Surfside Addition shall be so amended. Adopted by the Lino Lakes City Co ATTEST: of June, 1999. rly . Sullivan, Mayor 111 Marilyn G. Anderson, Clerk/Treasurer The motion for the adiption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none Whereupon the resolution was declared adopted. opoo o o��000�l� 1121 mer,M k pm 11111111111111110°1oo;©p4o dWpm opa Ann 11111111111111 GEO! ICI 1►PwalJ ! . >o e 11311 IN" JCR"A MCI oio J , � WHIM e;a,tacQt•Z,_m w;;;; 00 oIpp j 00 00 9oonot lows nil r, MMIEI is as.. rim ammom RICE LAKE RESHANAU LI Council Member Lyden adoption. introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 99-48 A RESOLUTION DIRECTING PREPARATION OF AN ORDINANCE CONVEYING PROPERTY TO THE BLAINE AMERICAN LEGION WHEREAS, the City is the legal owner of certain real property in the County of Anoka, State of Minnesota, specifically Lot 15, Block 2, Carole's Estates 2nd Addition; and WHEREAS, the City has vacated this property and anticipates its eventual sale; and WHEREAS, the Blaine American Legion and the City of Lino Lakes have executed an option agreement regarding the opportunity to purchase this property; and WHEREAS, the City obtained a professional appraisal of the value of the property; and WHEREAS, the sale of the property to the Blaine American Legion will generate property tax revenue several years earlier than anticipated; and WHEREAS, the redevelopment of the property by the Blaine American Legion is expected to stimulate additional commercial development; and WHEREAS, the resulting American Legion facility is a potential employer of City Residents; and WHEREAS, in consideration of these benefits, the City desires to sell the property to the Blaine American Legion for a purchase price that is less than the appraised value. NOW THEREFORE, BE IT RESOLVED, that the City Attorney and City Administrator are directed to prepare for City Council consideration, an ordinance authorizing the sale of Lot 15, Block 2, Carole's Estates 2"d Addition to the Blaine American Legion for the price of $50,000 plus any application assessments. Adopted by the Lino Lakes City Council this 28 day of Ju (14.t.,0‘ -6\U_/1-b14,91,1, Mari yn G. A4iderson, Clerk -Treasurer e, 19 ullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: None •