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HomeMy WebLinkAbout10/08/2001 Council MinutesCOUNCIL MINUTES CITY OF LINO LAKES MINUTES OCTOBER 8, 2001 DATE : October 8, 2001 TIME STARTED : 6:34 P.M. TIME ENDED : 8:15 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Ci Engineer, John Powell; Community Development Director, Mike G City Planner, Jeff Smyser; Chief of Police, Dave Pecchia; Public and Administration Director Dan Tesch. SETTING THE AGENDA Item 1 C, Consider Approval of Marketplace Develo Item 7E, Ordinance No. 18 - 01, Sale of Prope The agenda was approved as amended. CONSENT AGENDA Bill Hawkins; City Clerk, Ann Blair; tor, Rick DeGardner; ement, was moved to Item 7E. Companies, was moved to Item 7F. Councilmember Carlson moved to O'Donnell seconded the motio Consent Agenda, as amended. Councilmember d unanimously. ITEM ACTION DISBURSEMEN October 8, 200 63259, $324,371 eck No. 63104 — Centennial Fire District (Check No. 12870 —12881, $16,433.62) Request from St. Joseph Catholic Church For an Exemption from Lawful Gambling License Approved Approved Approved COUNCIL MINUTES OPEN MIKE OCTOBER 8, 2001 Michael Prieve, 1047 Aspen Lane. Mr. Prieve presented on behalf of Old Birch Street residents a petition requesting City Council to initiate a traffic study for Old Birch Street. He encouraged City Council to continue working with Anoka County on this matter. Mr. Prieve stated safety and intolerable morning and evening traffic as concerns among residents. He requested City Council establish a moratorium on decisions made regarding Old Birch Street and any further development. The petition was presented to the City Clerk. No one else was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK There was no Finance Department report. ADMINISTRATION DEPARTMENT REPORT, D SECOND READING, Ordinance No. 17 - 01, Am Increasing the Salaries of the Mayor and City Coun that Pursuant to Minnesota Statute 415.11, the sa adopted by the City Council. The statute goes after the next succeeding municipal election e Lino Lakes City Code by inistration Director Tesch advised the ayor and Council are set by ordinance t any increase shall not take effect until The Council has not adjusted their compensa Council new compensation rates, whi level since 1998. Ordinance No. 17 — 01 will set n 2003 and go through 2006. Councilmember Carlson clarified Ci 1998 and every year thereafter embers received a 3% cost of living adjustment in Councilmember Reinert clanthis . tter as a formality dictated by City ordinance. Councilmember 0' •to .rove SECOND READING of Ordinance No. 17 - 01, as presented. Councilor: . - Carlson seconded the motion. Mayor Bergeson voted ye. Councilmember Carlson voted yea. Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Councilmember Dahl voted yea. Motion carried unanimously. Ordinance No. 17 - 01 can be found in the City Clerk's office.- Consider ffice.- Consider Changing Job Descriptions and Salaries for Several Positions, Dan Tesch — Administration Director Tesch advised the recent vacancy in the City Clerk position provided an opportunity to evaluate ways to better meet a number of staffing needs. The resulting COUNCIL MINUTES OCTOBER 8, 2001 recommendation were discussed with and found acceptable by the affected employees and their union representatives. City Council approval is being sought in order to make the appropriate changes in job descriptions, titles and salaries. 1. Redefine the City Clerk position: a. Include oversight of elections but not actual day-to-day duties of planning and implementation. b. Add research and report writing to the description. c. Add "Create and distribute expanded agenda the morning after City Council meetings." 2. Redefine Deputy City Clerk's position: a. Eliminate "Department Secretary B" from job title. b. Add "Plans and supervises all elections and primaries...' c. Eliminate "Assists with special projects including r d. Alter "back up receptionist" duties so deputy prov; lunches and vacations except in special instances. e. Eliminate scheduling of public and conference f. Establish Deputy Clerk salary range identi 3. Redefine Receptionist position: a. Change title to Secretary b. Add "document scanning" dutie c. Add "scheduling and conferen • oms es to description. d. Add "maintain and update web p " to description. e. Add "act as backup for B ons Secretary for lunches and vacations." f. Establish pay range ide al to c dent Secretary B. s job description. ort writing." ge only for breaks, not ce Manager, Public Services. 4. Redefine Secretary C p a. Change title to " b. Establish pay rang to current "Secretary B. These changes resu .; co . t . and pay rates for similar positions. They also result in cross training and additiona enges for affected employees. Last but not least, they enable the City to meet increasing clerica " eds without adding staff. The net additional cost of making all changes would be $5,122 per year $1,281 for the balance of 2001. These changes would become effective upon City Council approva Councilmember Dahl moved to approve recommendations to job descriptions and salaries, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. FIRST READING, Ordinance No. 20 — 01, Amending the Lino Lakes City Code to Allow the Lino Lakes Police Department to Conduct Background Checks on Transient Merchants, Peddlers, Canvassers and Solicitors, Dan Tesch — Administration Director Tesch advised staff is requesting Council to amend Section 612.05 (H) of the City Code to allow the Lino Lakes Police COUNCIL MINUTES OCTOBER 8, 2001 Department to conduct background checks on transient merchants, peddlers, canvassers and solicitors. Ordinance 20 — 01 will require a second reading. Councilmember Carlson moved to approve FIRST READING of Ordinance No. 20 01, as presented. Councilmember O'Donnell seconded the motion. Councilmember Carlson voted yea. Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea. Motion carried unanimously. FIRST READING, Ordinance No. 19 — 01, Amending the Lino L Lino Lakes Police Department to Conduct Background Checks Administration Director Tesch advised last year the Council amende Lakes Police Department to conduct background checks on fi the City. Staff is now requesting the Council amend Section Lino Lakes Police Department to conduct background checks access to a children's service provider utilizing City parks, will require a second reading. ty Code to Allow the rs, Dan Tesch — ode to allow the Lino ons of employment with e City Code to allow the ers and individuals with r facilities. Ordinance 19 — 01 Councilmember O'Donnell moved to approve F °; _; AD G of Ordinance No. 19 — 01, as presented. Councilmember Reinert seconded t Councilmember O'Donnell voted yea. Co, �,ilmem; 'r einert voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea. Counci ember Carlson voted yea. Motion carried unanimously. PUBLIC SAFETY DEPAR There was no Public Safety PUBLIC SERVIC There was no Public Se ces Department report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consider Resolution No. 01-165, Marshan Lane Utility Improvements, Receive Petition and Order Feasibility Study, John Powell — City Engineer Powell advised the City has received a petition from residents and property owners on Marshan Lane, east of Lake Drive, for preparation of a report on sanitary sewer and water service. Staff referred to a copy of the petition and a sketch of the project area included in the packets. Trunk sanitary sewer and water main are close to the project area at the intersection of Lake Drive and Town Center Parkway. RT, DAVE PECCHIA eport. REPORT, RICK DEGARDNER COUNCIL MINUTES OCTOBER 8, 2001 When the City has received utility petitions from neighborhoods in the past, the first step has been to hold a neighborhood meeting before any formal study is prepared. At the neighborhood meetings, the public improvement process, the City Charter, location of existing utilities, and an overview of the construction process is discussed. In this case, in response to verbal inquiries, the neighborhood meeting was held on September 20, 2001, before any petition was received. On September 25, 2001, the City received a petition. The study will address, on a preliminary basis, design, cost, assessment schedule, and other issues as they relate to providing City utility service to this area. Councilmember Carlson asked if all residents signed the petition. C gineer Powell clarified all but one resident signed the petition. However, the City has received a . ive responses. Councilmember Reinert moved to adopt Resolution No. 01-165, as + Bente Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 01-165 can be found in the City Clerk's •.fi Resolution No. 01-162, Variances: Ramsay Pool agreement was reached with the applicant. As a result, discussed were withdrawn. Jeff Smyser — Mr. Smyser advised an ns for the two variances to be Resolution No. 01-164, Preliminary Plat . ® I Cl Addition, Bob Karmis of NAC — Mr. Bob Karmis advised Heritage Developmesus =F' d an application for preliminary plat for property commonly known as the Saddle Cl he City previously considered an application on the site that included a comprehensive pl . .. `, p and rezoning for a portion of the property. That area is now proposed to be platted -° m n outl • d is not proposed for development at this time. The property is located south Birch Street. The review is based on plans received by the City on August 13, 2001 Mr. Karmis presen reviewed the applica Because the motion r recommending approva expires October 12, 2001 of the application noting the Planning and Zoning Board p ber 11 meeting and they voted 2-2 on the stated motion. in a tie vote, the Board is forwarding no recommendation. Staff is the preliminary plat based on conditions. Mr. Karmis noted the application Councilmember Carlson asked for clarification of work done on the landscaping and screening. Mr. Karmis responded those plans have had not yet been submitted. Councilmember Carlson stated approximately twenty (20) acres of land were to be developed and asked what were the impacts to be on surrounding acres. Mr. Karmis responded he was unsure. COUNCIL MINUTES OCTOBER 8, 2001 Councilmember Carlson asked for clarification on acres of wetland to be impacted. It was her understanding the previous application impacted more acres of wetland than the current application. Mr. Karmis responded he was unsure. Councilmember O'Donnell stated a traffic study had been submitted. He asked for clarification of its results. City Engineer Powell stated he received the traffic study the afternoon of Friday, October 5, 2001. The study analyzed the impact of traffic at the subdivision entrances and neighboring streets. The study found all streets impacted by the new subdivision could withstand the potential increase in traffic. Mayor Bergeson asked who completed the traffic study. City Engin ;;'owell responded a contracted professional engineering firm completed the study. Councilmember Dahl asked if the Environmental Board and the P1 this application or the previous application. City Engineer Po the new application. oning Board reviewed oth Boards reviewed Councilmember Dahl stated her concern with the previous a ph m,.; nvolved the use of double frontage roads and their impact on surrounding wetl. a A at time she had asked if such development could be done. It was her understanding "" plication placed houses where the double frontage roads were in the previous applic City Planner Smyser advised the new applic areas of the development. He explained w application and if there was an increase in • some housing lots, which opened up other • were crossed was the same as the previous ted wetlands, it was slight. Councilmember Reinert stated his nt in the new application. He noted one concern from the previous application had been ad sed < at being the double frontage road. He viewed the new application as nearly exactly t .. �.... +re but with less development to occur. His concerns still lay in the amount of traffic . Old B h S et and surrounding streets. He stated the developers did not address enough proble from ie previous application. He stated eventually the rest of the land will be develo the roblems will exist. Councilmember Dahl her agreement with Councilmember Reinert. She stated she contacted City Administrator Wai mith for a copy of a police report recently shared with the Planning and Zoning Board. City Engi r Powell clarified a memorandum from Officer Mike Rumpsa written to Police Chief Pecchia and ity Planner Smyser was received regarding the streets impacted by the application. Councilmember Dahl asked to see the memorandum. The memorandum was located and shared with City Council. Councilmember Dahl stated she was concerned about the east -west direction of the application's sewer and water. She was also concerned with Killdeer Drive as an outlet for the new subdivision. 6 • COUNCIL MINUTES OCTOBER 8, 2001 She stated nearby Shadow Lake Ponds needed relief of traffic problems already, and creating more subdivisions before these problems were addressed was not the answer. City Engineer Powell clarified it was City Council's discretion whether water and sewer go west or north; this decision was not made by the developers. The City Council may pass as a condition to the application the water and sewer move north -south rather than east -west. He advised a north -south extension would impact the City's trunk fund. He advised the roads traveling east -west through the development could support the increase in traffic. He stated Staff would continue working with Anoka County on concerns regarding Old Birch Street. Mr. John Hill of Heritage Development of Minnesota submitted a re statement in writing to City Council. He stated he believed the new a between community concerns and the developers' needs. He stated met City standards, and the double frontage roads had been removed. of Minnesota met with the surrounding community to discuss continually recommended this development for approval. traffic report and his on was a compromise on had no variances, eritage Development He stated Staff has Councilmember Reinert stated the problem was not the pl created traffic problems. He read from Officer Rumpsa's me Powell. The Attorney for Heritage Development of Mi Hill was reviewed by the Planning and Zoni stated health and safety concerns had not this decision except that both access roads indicated a willingness to continue w property could not be considered a Council and their agenda. cation. He stated the location randum as supplied by City Engineer sota staid the police report as submitted by Mr. d w = k hen recommended both access roads. He made part of the official record surrounding port increased traffic. He stated the City has oka County. He stated the southern half of the cause of the potential of future involvement with Met Mike Prieve, 1047 Aspen L. ® Mr eve s off Killdeer Drive. His concerns centered on safety. It is his theory traffic will de : ' awa '� om Old Birch Road because of its safety issues and will instead use Killdee Mr. ' a ..e stated roads can be built for traffic but neighborhoods are not. He stated the stren d would be impacted by the increased traffic. He stated this application was not de in the long run and that City Council did not want to approve this application. He stated. ~ " elopment would continue because once roads are built they lead to continued development. Jeff Trettel, 6524 Killdeer Drive. Mr. Trettel stated concern for Old Birch Street and its lack of physical road surface to handle increased traffic. He stated examples of school buses stopping on the edge of the road because of the lack of road surface. He asked City Council to consider the future of Lino Lakes development with this vote. Mr. Greg Graves, 6532 Killdeer Drive. Mr. Graves stated in his opinion the developer was not taking into account the entire neighborhood. He stated City Attorney Hawkins dismissed as rhetoric previous public testimony on the previous application. He stated currently the neighborhood COUNCIL MINUTES OCTOBER 8, 2001 experiences growth in increased numbers of children driving, increased numbers of vehicles parked on the sides of streets, and small children playing in the neighborhood. He stated Birch Park is a popular area and is only accessible by Old Birch Street. He felt the developer's traffic report provided gray areas rather than facts. He stated concerns for winter safety and snow removal. He stated City Council had previous opportunities to expand the Old Birch Street; he felt their decision to not do this was done in good faith for not overdeveloping the area. Wes Peterson, 1064 Tamarack Lane. Mr. Peterson stated concern for safety, particularly in regards for children and school buses. Homeowner, 6508 Killdeer Drive. The homeowner stated this appli .a raises many safety concerns. Ms. Robin Graves, 6532 Killdeer Drive. Ms. Graves asked City Co development helped the community. She stated her family mo community; overpopulation as a result of increased develop taxpayers. She stated only the developer will benefit fro hi Mayor Bergeson asked if City Council needed to mak City Planner Smyser clarified the application could be specified reason. He listed examples such as me e pending es to live in a small acted students, schools, and n. Mayor Bergeson stated he would accept a m n on the application this evening. ixty (60) days if there was a edule would suffice. Councilmember Dahl moved to deny Resolu No. 01-164, as presented. Councilmember O'Donnell seconded the motion. Councilmember O'Donnell stated hi exploring with the Saddle Club other options to meet their needs while addressing e community. City Attorney Hawkins state ust be supplied to applicants should their application be denied. These reason ed to >a art of the official record. Councilmember Carl ed she had such documentation to place on the record. She had a 13 - page written document ch she presented. She read her reasons for denial from the document. Councilmember Carlson had several areas of concern. She noted on two occasions, the Planning and Zoning Board had recommended denial of the project. According to Councilmember Carlson, the project as proposed was inconsistent with City Ordinance No. 9-97, the Zoning Ordinance. She objected to a cul de sac in the middle of a road, and felt the plat created additional safety concerns including problems with access roads and congestion. She noted greenway would be lost as well. These problems were contrary to the intent and purpose of the Zoning Ordinance, she stated. According to Councilmember Carlson, the proposed project was inconsistent with the City's design standards found in the Zoning Ordinance, as well. She stated design standards call for traffic pattern • • COUNCIL MINUTES OCTOBER 8, 2001 incompatibility and dangerous access roads to be avoided, as well as unnecessary loss of vegetation. She felt the proposed project would not produce a harmonious relationship of buildings to the surrounding area and neighborhood environment and stated bringing sewer and water in from the west, rather than the north, would create and perpetuate two adjoining non -harmonious neighborhoods. Additionally, she stated landscaping was not addressed, although it is discussed in the City's design standards. In regard to the 2001 Comprehensive Plan, Councilmember Carlson felt the proposed project was inconsistent with this as well. Specifically, she stated, the proposal did not: 1) manage growth so as not to overburden existing facilities and services or mandate premature City expenditures; 2) promote orderly development that capitalizes on in-place utility and service in ent; 3) require infrastructure improvements associated with new development to be • by the developer; 4) discourage premature subdivisions in areas that lack adequate infras cture as streets or utilities; and 5) prevent penetration by through traffic and properly direct traf • col or or arterial streets through proper road design. In support of her comments, Councilmember Carlson attac minutes of Planning and Zoning Board; 2) City of Lino L minutes of the Environmental Board; 4) Developmen 2001 Comprehensive Plan Update, currently under revi her written comments to City Attorney Hawkins t portions of: 1) meeting e No. 9-97; 3) meeting ork Issues and Policy Plan from the Met Council. She then presented Mayor Bergeson stated his concerns for one stated the current application would not pr. stated development of the southern half of stated disagreement with the conclusi believe there was a basis for denyin Birch Street have been approved in t of increased traffic appears to City guidelines and asks for plic'on's cul-de-sacs and a stub street. He of --way to future development in the area. He perty would require action by City Council. He umpsa's memorandum. He stated he did not tion because a number of developments along Old no conditions related to traffic. He stated the issue on for application denial, while the application meets Councilmember R stated state law allo given. fication of the sixty (60) day extension. City Planner Smyser application review period, but reasons for doing so must be Councilmember Reinert ed he would like to see an application the Planning and Zoning Board could approve. He stated more work would need to be done. Mayor Bergeson called on Councilmember Carlson to be followed by Councilmember Dahl. Councilmember Carlson called the question. Mayor Bergeson stated because Councilmember Dahl had been recognized she would be called on before the call to question. COUNCIL MINUTES Councilmember Dahl called the question. OCTOBER 8, 2001 The motion to deny Resolution No. 01-164 passed four (4) votes to one 1 (1) with Mayor Bergeson voting no. Community Development Director Grochala clarified the extension of utilities in the application. He stated costs would be incurred only if the development went north; there would be no cost should the development go west. Councilmember Carlson stated she understood the issue. Mayor Bergeson asked if a motion for findings of fact was necessary. City Attorney Hawkins clarified a motion should be made for findings of fact to be given to-® eveloper. Mayor Bergeson asked for further comments for findings of fact. Councilmember Dahl stated that the stated concerns expressed Councilmember Carlson, and Councilmember Carlson's doc along with the memorandum from Police Officer Rumpsa o Councilmember Reinert moved to approve those as seconded the motion. Mayor Bergeson abstained from vote. Motion Consider Purchase Agreement for Prop advised the agreement between the City of purchase of land on the Marketplace Apollo Drive to serve Marketplace costs associated with the purchase wi sale of a remnant piece of pro ber Reinert and omments on the record, cient as findings of fact. of fact. Councilmember Dahl fro bpi T, Bill Hawkins — City Attorney Hawkins akes and JADT Development Group is for the ite. In order to facilitate the easterly extension of 's intent to purchase the parcel for $4.25/SF. The d by assessments to the benefiting properties and the d for street construction to Ryan Companies. City Attorney Hawkins adde . e ur se agreement was made verbally, and it's closing would be on or before Octob 101I=' ;ted there were contingencies within the agreement. Councilmember O'D Ryan Companies. City Companies accountable asked if there was a possibility of the City being unable to sell the land to orney Hawkins clarified the purchase agreement does place Ryan uying the land. Councilmember Carlson asked if the City was instructed by the courts to buy the property. City Attorney Hawkins clarified Ryan Companies was required to maintain the area in question. If the area was developed and a remnant piece remained, the City would be required to buy the land. For this reason the City is buying the land now and reselling what is needed to Ryan Companies. Councilmember Reinert moved to approve the Purchase Agreement between the City of Lino Lakes and JADT, as presented by City Attorney Hawkins. Councilmember Dahl seconded the motion. Motion carried unanimously. 10 • COUNCIL MINUTES OCTOBER 8, 2001 Consideration of Marketplace Development Agreement, Michael Grochala — Community Development Director Grochala advised the development contract between the City of Lino Lakes and Ryan Companies outlines the rights and responsibilities of each party. Included in the contract is a purchase agreement between the two parties for the sale of the "remnant" parcel that the City plans to acquire from JADT. The contract and purchase agreement have been reviewed by the City Attorney. Staff recommended approval of the Development Contract and authorization to execute by the Mayor and City Clerk. Councilmember Carlson clarified her earlier concern that no dollar arra as a disbursement; this change of order should rectify any confusion Director Grochala concurred. Councilmember O'Donnell moved to approve the Marketpla City of Lino Lakes and Ryan Companies. Councilmembe carried unanimously. as present to be passed Development ent Agreement between the ded the motion. Motion FIRST READING, Ordinance No. 18 — 01, Sale of ' o Ryan Companies, Michael Grochala — Community Development Director Poadvised the City is purchasing a parcel of land from JADT Development Group as part ofdtransaction to acquire access into the Marketplace development on I -35W and Lake Drive. A r . arc of 0.9 acres will result from the construction of Apollo Drive to serve the ► _ _, etpl c evelopment. Ryan Companies, the developer of M s to purchase this parcel from the City and incorporate it into the Marketplace According to the City Charter ° .. ®.. the City must be sold by ordinance. An ordinance requires two (2) readings, • en be es ; ctive 30 days after publication. City Attorney Haw; ` 5 fled +rdinance requires a second reading and a thirty (30) day period of notice. Councilmember Carlso ked that the price of $167,258 be placed within the ordinance since that amount is now known. : Attorney Hawkins stated that amount would be placed in the second paragraph of the ordinance. Councilmember Carlson moved to approve FIRST READING, Ordinance No. 18 — 01, with the stated inclusion. Mayor Bergeson seconded the motion. Councilmember Reinert voted yea. Acting Mayor Dahl voted yea. Mayor Bergeson voted yea. Councilmember Carlson voted yea. Councilmember O'Donnell voted yea. Motion carried unanimously. 11 COUNCIL MINUTES UNFINISHED BUSINESS OCTOBER 8, 2001 September 19, 2001, Council Work Session Minutes - Councilmember O'Donnell moved to approve the September 19, 2001, Council Work Session Minutes, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. September 24, 2001, Special Closed Meeting Minutes - Councilmember O'Donnell moved to approve the September 24, 2001, Special Closed Meeting Minutes, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. NEW BUSINESS Resolution 01-166, Filing Eminent Domain to Acquire Drainage Engineer Powell advised initiating eminent domain on a portio will authorize City of Lino Lakes to proceed with eminent do Block 1. John Powell — City erty. Resolution 01-166 ortion on the pond on Lot 4 City Attorney Hawkins reviewed the resolution and r : �mmR � ed its approval. Councilmember Reinert moved to approve Resor to ° -166 as presented by Staff. Councilmember Dahl seconded the motion. Motion carried un Resolution No. 01-166 can be found in the ity office. COMMUNITY CALENDAR OCTA m,. OUGH OCTOBER 22, 2001: Planning and Zoning Board Meeti esday,October 10, 2001, 6:30 p.m. Council Work Session, W esday, ctob 17, 2001, 5:00 p.m. to 7:00 p.m. Joint Meeting wit 9:00 p.m. vironmental Board, Wednesday, October 17, 7:00 p.m. to City Council Meeting, onday, October 22, 2001, 6:30 p.m. ADJOURN There being no further business, Councilmember Dahl moved to adjourn at 8:15 p.m. Councilmember O'Donnell seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, December 17, 2001. 12 COUNCIL MINUTES Ann Blair, City Cler Transcribed by: Wendy Underwood TimeSaver Off Site Secretarial, Inc. John Bergeson, Mayor OCTOBER 8, 2001 13