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HomeMy WebLinkAbout10/23/2000 Council MinutesCOUNCIL MINUTES OCTOBER 23, 2000 CITY OF LINO LAKES MINUTES DATE : October 23, 2000 TIME STARTED : 6:37 P.M. TIME ENDED : 7:25 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, and Reinert MEMBERS ABSENT : Mayor Bergeson Staff members present: Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City Engineer, John Powell; City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; and Chief of Police, Dave Pecchia (part) SETTING THE AGENDA Council Member Carlson added Item Bii, Centennial Fire Distr The Administration Director added Item 9A, Clarificatio Council Member Carlson removed all sets of minute time to review them. The agenda was approved as amended. CONSENT AGENDA Council Member O'Donnell m Carlson seconded the motion ate. consent agenda noting she needs more rove the Consent Agenda, as amended. Council Member 'ed unanimously. ITEM ACTION DISBURSEMENTS: October 23, 2000, 2000 (Check No. 60170 — 60280, $681,164.43) Centennial Fire District Youth Services Officer Agreement 1 Approved Approved Approved COUNCIL MINUTES OCTOBER 23, 2000 OPEN MIKE Chief Pecchia came forward and gave an update regarding the homicides in Lino Lakes. He stated the suspect has been arrested and booked. The coroner released the cause of death earlier today. The suspect will be formally charged tomorrow and a press conference will be held. Chief Pecchia thanked the City Council and the citizens of Lino Lakes for their support. Mayor Bergeson had indicated the Council would call a special meeting immediately regarding this issue, if necessary. No one else was present for open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH PUBLIC HEARING, SECOND READING, Ordinance no. 14 — 0) opting a Franchise Agreement with Reliant Energy Minnegasco (3/5 Vote Require ��. advised the City's franchise agreement with Minnegasco, now known as Reliant E gasco, expired several years ago. In 1999 the City Council directed staff to work to dew _ all the City's franchise agreements more consistent in terms and effective toward he City's franchise agreements more consistent in terms and effective dates. Staff ne _ • tiat • a n. agreement, which was revised by franchise attorney James Strommen. The agreement argely on a model ordinance currently being updated for the League of Minnesota Cities Stro en and others. It expires on March 31, 2012, the same date the Circle Pines Utilitiesfranc e agreement ends. The agreement is contained in Ordinanc readings. The public hearing was he first reading of the ordinance also October 23, 2000 when the sec which requires a public hearing and two (2) er 25, 2000 and continued to October 9, 2000. The ctober 9, 2000. The public hearing was continued to of the ordinance is scheduled. Acting Mayor Dahl open the pf. hearing at 6:43 p.m. The Administration Direct clarified that Ordinance No. 14 — 00 is for the franchise agreement only. It does not include the franc ' e fee. Council Member O'Donnell moved to close the public hearing at 6:44 p.m. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member Reinert moved to approve SECOND READING of Ordinance No. 14 — 00, as presented. Council Member Carlson seconded the motion. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Acting Mayor Dahl voted yea. Motion carried unanimously. 2 • COUNCIL MINUTES OCTOBER 23, 2000 Ordinance No. 14 — 00 can be found in the City Clerk's office. PUBLIC HEARING, FIRST READING, Ordinance No. 15 — 00, Establishing a Meter Fee for Customers of Reliant Energy Minnegasco (3/5 Vote Required) — Staff advised the City's expired franchise agreement with Reliant Energy Minnegasco did not contain a franchise fee. In 1999 the City Council directed staff to negotiate a new agreement that included a franchise fee. That agreement is contained in proposed Ordinance No. 14 — 00. In conjunction with the agreement, Ordinance No. 15 — 00 establishes a meter fee equivalent to approximately 3% of the average customer bill in each category of customers. In August 2000, letters were sent to more than 3,400 customers of Reliant Energy Minnegasco informing them of the proposed fee and opportunities to provide feedback. The City Administrator received and documented 28 phone calls opposing the meter fee. Ordinances require two (2) readings and a public hearing. A public he 00 was held September 25, 2000 and continued to October 9, 2000 for October 9 and tabled in order to obtain additional informati the first reading of the ordinance are now scheduled for this scheduled for November 13, 2000. Acting Mayor Dahl opened the public hearing at 6:4 Mr. Robert Bening, 6788 East Shadow Lake Dr e, c . forward and stated he had presented questions to the Council at the last public ted he has not yet received a response. for Ordinance No. 15 — t reading was scheduled nued public hearing and second reading is Acting Mayor Dahl stated the questio Administrator is currently on medi The Administration Director customers of the utilities ompan to the City Administrator. The City e : y was having a hard time figuring out the types of garding business vs. residential use. Mr. Bening stated he had r esd figures that included residential numbers. The Administration Director excused himself from the meeting to look for information regarding Mr. Bening's request. Council Member Reinert stated the information that was requested is trying to show that the meter fee is unfair. He stated it is reasonable to assume that not everyone will be charged the same. Mr. Bening stated he would like to know the figures regarding usage. Acting Mayor Dahl stated that businesses are being charged differently than residents. Council Member Reinert stated he is also concerned about the issue of fairness. COUNCIL MINUTES OCTOBER 23, 2000 Council Member Carlson distributed a letter she received earlier in the day indicating opposition to the meter fee. She stated that at the last meeting, the issue of the Charter Commission's position was brought up. She asked Acting Mayor Dahl to read the minutes from the Charter Commission's meeting regarding this issue. Acting Mayor Dahl read the draft minutes from the meeting of the Charter Commission. The minutes indicated the Charter Commission does not support the use of a franchise fee to pay for road reconstruction. The Administration Director provided Mr. Bening with information regarding his questions and the types of utility services. He reviewed the usage relating to residential use for each company. Mr. Bening stated the information answers his question to a certain extent. He clarified the number of residents using natural gas. He stated that he presumes all commercial uses natural gas. He stated that right now there are about 100 residential NSP customers that will be included in the meter fee. He stated he would prefer a more equitable way to fund roads 'ere • sted the proposed meter fee be denied. He stated there is a mechanism within the City C = o pr ides for road reconstruction. Mr. Warren Ahers, 6426 Polka Drive, came forward as d money has been used before for street repairs. He stated the City has been going for ithout this fund. Acting Mayor Dahl advised the meter fee will b fused road reconstruction, not road repairs. Mr. Ahers asked what means the City h in t e past for road reconstruction. Acting Mayor Dahl stated road re true tion ' s been put on a ballot in the past. Mr. Ahers asked who will be • m t road reconstruction. The Administration Director stated the meter fee will not be wed for w roads. The Council needs to pass a referendum to reconstruct roads because the City Ch • . its the use of general funds for road reconstruction. The City Council has been asked to d a ` nd for reconstruction. The idea of a franchise fee came up and road reconstruction seemed e a logical placed for the money to go. Mr. Ahers asked if the City gets gas tax money. The Administration Director stated the gas tax money goes to state or federal roadways. Mr. Ahers stated the franchise fee bothers him. He stated it sounds like a bad set up. The City Engineer stated the City of Lino Lakes gets tax revenue for heavier used roadways. Developers pay for new roads within the City. The franchise fee will go towards road reconstruction on existing roadways within the City. The Charter does have a tool for road reconstruction and it did work last time. 4 COUNCIL MINUTES OCTOBER 23, 2000 Council Member O'Donnell moved to close the public hearing at 7:03 p.m. Council Member Carlson • seconded the motion. Motion carried unanimously. Council Member O'Donnell clarified with the City Attorney that a Council Member can vote against his own motion. Council Member O'Donnell moved to approve FIRST READING, Ordinance No. 15 — 00, as presented. Council Member Carlson seconded the motion. Council Member Carlson advised the City Administrator did give Council Members a report with information about Mr. Bening's questions before she went on medical leave. However, she stated she is opposed to the franchise fee for other reasons. She stated that her decision is based on an additional tax to citizens. She stated there would have to be a very good reason to be in favor of another tax. She stated one reason to be in favor of the tax is if the Charter Commission supported the franchise fee. The Charter Commission did not give the Council : er of support or have a representative present for the public hearing. She stated she believ there . ould be a united front between the City Council and Charter Commission to come up ���;rth olut in. Council Member Reinert stated he has an issue with faim :s r. din e t e fee. The City has two (2) suppliers of services. There is a fee for the customers • f Ci`° le ' F T. Utilities. In fairness, the City should impose a tax on the rest of the citizens. He nnot in favor of the fee. However, in fairness, there will be a competitive advantage fo t if' y do not have the fee. He stated he has gone back and forth on this issue relating to . 'mese d competitiveness. He stated he does not agree with the fee and does not support it. st e is still an issue of fairness. He requested the Council have discussions about help • the ircle Pines Utilities customers. He stated it would be fair if all fees were erased . 4 ty collection from everyone. He noted Reliant Energy only has a franchise fee in .3° crti There has been an outcry about the fee. The City needs to find dollars in another • •ad reconstruction. Council Member O'Don 11 state t e agrees with the points made by Council Member Carlson and Council Member Reinert. • that Reliant Energy pays taxes to the City and Circle Pines Utilities does not. Council Member Reinert stated Circle Pines Utilities is charging its customers 7% for the franchise fee. Four (4) percent of that is for property tax; 3% is for the franchise fee. They do not pay taxes because they are a municipality. He stated the City should go after the removal of the 3% charged to customer's bills. That would level out the playing field. He stated it was a struggle for him to decide how to vote. Acting Mayor Dahl stated she is a member of the Charter Commission. She stated she listened to input at the Charter Commission's last meeting. She stated she believes the City Charter does work for reconstruction. The fee will only amount to $60,000 per year. She stated she will not support the franchise fee. She noted that a city that borders Lino Lakes had a franchise fee and eliminated it. COUNCIL MINUTES Council Member Carlson voted no. Council Member O'Donnell voted no. voted no. Acting Mayor Dahl voted no. Motion failed unanimously. FINANCE DEPARTMENT REPORT, AL ROLEK OCTOBER 23, 2000 Council Member Reinert PUBLIC HEARING, Resolution No. 00 —104, Authorizing City Clerk to Certify Delinquent Water & Sewer Utility Bills, Dan Tesch — Staff advised that each year the Utility Department experiences difficulty collecting some quarterly sewer and water utility bills. Notification has been forwarded to those residents having outstanding bills explaining the deadline for payment of those bills is November 1, 2000. Most bills unpaid when a resident moves from the City are turned over to a collection agency and delinquent bills of current residents are certified to Anoka County by resolution for collection with the property taxes. The residents named in Resolution No. 00 —104 have received the required notification of this public hearing. Tonigh will have the opportunity to speak to the City Council about their delinquent bills. Acting Mayor Dahl opened the public hearing at 7:16 p.m. Council Member Carlson moved to close the public herin t 7:' _<< m. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member Carlson moved to adopt Resolution 00 — 104, as presented. Council Member O'Donnell seconded the motion. Motion c ep am. ously. Resolution No. 00 — 104 can be founJerk's office. r£ PUBLIC SAFETY DEPART PORT, DAVE PECCHIA There was no Public Saf Dep ' t report. PUBLIC SERVICES DE R I NT REPORT, RICK DEGARDNER Resolution No. 00 —101, Accept Donations for Family Turkey Shoot (3/5 Vote Required) — Staff advised the Lino Lakes Parks and Recreation Department sought program sponsors for its Family Turkey Shoot to be held on Saturday, November 11, 2000. The event is a free holiday event of the families of Lino Lakes that consists of low-key competition in a variety of athletic events for prizes. The Lino Lakes State Bank and the Lino Lakes Lions Club, as program sponsors, have donated $350.00 to help defer costs of this family event. Also, Circle Pines Lexington Lions Club, as a program sponsor, has donated $250.00 to help defer costs of this family event. 6 COUNCIL MINUTES OCTOBER 23, 2000 4110 Also, the Forest Lake Area Athletic Association (FLAAA), as a program sponsor, has donated $100.00 to help defer costs of this family event. Resolution No. 00 —101 accepts donations for the Family Turkey Shoot. Council Member O'Donnell moved to adopt Resolution No. 00 — 101, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 00 —101 can be found in the City Clerk's office. Resolution No. 00 —102, Accept Donation from Forest Lake Area Athletic Association (FLAAA) (3/5 Vote Required) — Staff advised in 1999, the Forest Lake Area Athletic Association (FLAAA) contributed $2,500 for improvements to the City Hall Park — East Field. The donation under consideration this evening is for an additional $2,500 to assist in improving City Hall Park - West Field. Planned improvements include new fencing along the out -of -p eas, new player bench areas, and additional ag-lime. Estimated costs are approximately $ 100. e Park Board has approved funding up to $4,500 from the Park Dedication Fund ifference. Council Member Reinert moved to adopt Resolution No. - . asresented. Council Member Carlson seconded the motion. Motion carried unanim sly. — in the Cit . � '�,�'s of i Resolution No. 00 102 can be found_._.' COMMUNITY DEVELOPMENT DEP Nancy Anderson, 3522 Carl Street request for a Variance from the Ci and Structures, 1. General Pro lot line then the principal bui PORT, BRIAN WESSEL Smyser — Staff advised this case involves a ng rdinance, Section 3, Subd. 4.D. Accessory Buildings o detached accessory structure shall be closer to the front tached garage. Ms. Anderson has an exisw/attached garage at 352 Carl Street. The property is Zoned Rural and located within the in• Air Park. There are 23 lots within the Air Park. Four (4) have hangers in front of the dwell g (one of these four (4) is not constructed yet but a Variance was , granted in May of 2000), one has an attached hanger, eight (8) have hangers on the side or behind the principal building, eight (8) have no hanger, and three (3) lots remain undeveloped. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. COUNCIL MINUTES OCTOBER 23, 2000 3. That the hardship is not due to economic considerations alone and when a reasonable • use for the property exists under the terms of the ordinance. 4. 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. 5. That the proposed actions will be keeping with the spirit and intent of the ordinance. The proposed hanger will be located approximately 125' from the front property line and 5.5' from the side property line. The Ordinance requires a 30' front and 5' side setback. The existing house & garage is approximately 190' from the front property line. Staff has received a letter from the adjoining property owners indicating no objection to the proposed hanger location. Staff also received comments from the Air Park Association indicating this proposed location is optimum for several reasons in their letter. The main consideration is the 7/1 trans' • runway, which could not be achieved if the structure were located Ordinance. For this reason staff believes there is a hardship an variance request. Staff advised they are considering an Ordinance Amen be constructed in front of the principal structure in th will not be initiated until the Zoning Ordinance i airspace required from the home as required by the end approval of the fold allow accessory structures to oning District. However, this proposal e time next year. The Planning and Zoning Board reviewed t t their October 11, 2000 meeting and expressed concern regarding the 7/1 tr. ,. ` • . space requirement. They recommended approval of {ry the Variance pending clarification of �� q • Staff reviewed the information and discussed the requirement with Air Park Board referred to a drawing detailing this information that was not available for the Planny. • Fining Board review. The Air Park Associatio as tree. • e more diligent in recent years in maintaining their Covenants and enforcing this slope r Some hangers were built in the late 1980's and early 90's that do not meet the requiremen Th se hangers are located on the east end of the field on Thomas Street. Staff has found, however, th this 7/1 transition air space requirement, while included in the Air Park Covenants, is not a required condition per MnDOT Office of Aeronautics rules for a "private" air park. After discussion with Air Park Board members and review of the information provided, staff would recommend approval of the Variance as requested. The structure can not be located in the rear yard and meet the 7/1 slope requirement. Council Member Reinert moved to approve the Variance request, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS - None 8 COUNCIL MINUTES OCTOBER 23, 2000 NEW BUSINESS • Clarification of Friday Update, Dan Tesch — Staff advised they have requested the City Council to meet for approximately 45 minutes to discuss the search for a new Community Development Director. Staff requested Council consider November 8 and November 13, 2000, as a time to meet before the regular scheduled meeting. COMMUNITY CALENDAR OCTOBER 24, 2000 THROUGH NOVEMBER 13, 2000: Environmental Board Meeting, Wednesday, October 24, 2000, 6:30 p.m. Comprehensive Plan Meeting, Wednesday, November 1, 2000, 6:00 p.m. Clearwater Creek Park Master Plan Meeting followed by Park Board Meeting, Monday, November 6, 2000, 6:00 p.m. Election Day, Tuesday, November 7, 2000 Council Work Session, Wednesday, November 8, 2000 City Hall Closed in Observance of Veteran's Day, ovember 10, 2000 Family Turkey Shoot, Saturday, November 2002 0:00 to 11:30 a.m., Centennial Middle School City Council Meeting, Monday, No 00, 6:30 p.m. ADJOURN There being no further b mess, $ cil Member Carlson moved to adjourn at 7:25 p.m. Council Member Reinert seconden. Motion carried unanimously. These minutes were conside d and approved at the regular Council Meeting, November 13, 2000. 4eiteLisalactaCt Ry-Chel Gaustad, City Clerk John rgeson, ayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 9