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HomeMy WebLinkAbout10/22/2001 Council MinutesCITY OF LINO LAKES MINUTES DATE : October 22, 2001 TIME STARTED : 6:30 P.M. TIME ENDED : 10:03 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; City Engineer, John Powell; Community Development Director, Mike Grochala; City Clerk, Ann Blair; City Planner, Jeff Smyser; Chief of Police, Dave Pecchia (part); and Finance Director, Al Rolek (part). SETTING THE AGENDA Item 6 A, Consideration of Resolution No. 01-172, Authorizing _i�d' for Trapper's Crossing Trail, was removed. Item 7 J, Consideration of Resolution No. 0 1- 175, Au A"'': Co # conation Proceedings for the JADT Property (Apollo Drive Extension), was re The agenda was approved as amended. CONSENT AGENDA Councilmember Dahl mov t pr e y a he Consent Agenda, as amended. Councilmember Carlson seconded the motion. ITEM DISBURSEMENTS: nanimously. ACTION October 22, 2001 (Check No. 63261 -- 63373, $476,224.82) Approved Centennial Fire District (Check No. 12882 —12903, $42,316.09) Approved Consider Reclassification of Police Record Clerk Positions, Linda Waite Smith — City Administrator Smith advised on October 8, 2001 the City Council approved changes to job descriptions, titles, and pay rates for several clerical positions so that comparable duties are compensated at the same rate. The position of Police Records Clerk was not included in the original COUNCIL MINUTES OCTOBER 22, 2001 analysis of other clerical positions. That position, which has two incumbents, has now been analyzed and found to have essentially the same duties as the positions now classified as secretary. Staff recommended City Council approve reclassifying these positions, making them equivalent to the position of Secretary and at the same salary level. Councilmember Dahl moved to approve the recommendation to reclassify Police Records Clerk position, establish salary level and change title. Councilmember Carlson seconded the motion. Motion carried unanimously. OPEN MIKE Lynann Heaser, 218 Egret Lane, came forward to ask why City Councilmembers were not attending community meetings to discuss impending changes to Highway 49. Ms. Heaser stated she spoke with City Engineer Powell to the matter Ms. Heaser stated some City Councilmembers did attend the meetings, but not all. Councilmember O'Donnell stated it was his understanding that if attended the same meeting, that meeting would have to be giv He stated in his view, Councilmembers attending a meeti than a meeting to provide time for open discussion, the formalizes the meeting. He stated he understood presentation to Councilmembers. Mayor Bergeson stated he had similar was in place for those parties mos was to review road designs the road design, and he fel Councilmember Carls dialogue. She attended better informed. She sta re Councilmembers rior to the meeting. eting's complexity. Rather tiple Councilmembers be a time for open forum, not Co cilmember O'Donnell. He stated a process proposed highway changes. The meetings' purpose a so ` ion. He stated all parties involved have opinions on uctive for him to attend the meetings. has attended the meetings but sat in the back and did not engage in etings because they are relevant to City Council, and it helps her to be some meetings could conflict with other Councilmembers' schedules. Councilmember Reinert stated attendance at these meetings had been discussed at a previous work session. He concurred with Councilmember O'Donnell's position that too many Councilmembers present at a meeting takes away from the free-flow of conversation. He was also concerned with the three (3) -member rule as suggested by Councilmember O'Donnell. Ms. Heaser stated she asked City Engineer Powell at the most recent meeting why Councilmembers did not attend the meetings. She stated he responded that all Councilmembers were invited and had received schedules. Ms. Heaser was aware of the three (3) -person rule but was not sure if that was the specific reason for Councilmembers who did not attend the meetings. She stated the next meeting is scheduled for Monday, October 29, 2001 at 5:30 p.m. where road designs will be presented. She encouraged all members to attend. Ms. Heaser stated in her opinion these meetings needed to be COUNCIL MINUTES OCTOBER 22, 2001 attended by the City Council because the meetings are mandated by the County and are regarding a Federal program. Councilmember Reinert assured Ms. Heaser the matter was very important to City Council and had not been neglected on their part. He asked City Engineer Powell if the October 29, 2001 meeting could be posted in time for all Councilmembers to attend. City Engineer Powell stated all meetings from now on could be posted in order for all Councilmembers to attend. Councilmember Dahl stated she has attended the meetings but sat in the back of the room and did not engage in conversation. She attended the meetings to hear citizens' concerns. She was under the impression that all meetings were posted. Ms. Heaser stated her concern is for all of Lino Lakes and the great impact the changes to Highway 49 will have on the community. She would like to see Councilmembers enga@ -• with citizens on behalf of the community. Resident, 6643 Ruffed Grouse Road, came forward as the adj . .p ��ner to 1168 Ruffed Grouse Court in which an above ground swimming pool has : en lt. , he Resident stated the swimming pool was built in June 2001. At that time, th „ ent . d the City Building Inspector to visit the property. The situation has not been re at time. He stated the Planning and Zoning Board recommended for denial two (2) v ',' anc at were to result in a fence and a road setback. The Planning and Zoning Board edi e swimming pool be moved at the City's expense. It was the Resident's understan agreement had been made between the City and the Ramsays prior to a scheduled e w ) variances scheduled for the October 8, 2001 City Council meeting. The Reside i � aw . <' an agreement had been made and asked the Council why he was not informed e t. The Resident stated his property value has decreased by $10,000 to $20,000 s wimmingpool. The Resident stated he has met with the . resu �� Ramsays (the adjacent ®rty��ers) to reach a compromise. The Resident met with City Planner Smyser who informed 'v ident the matter did not involve the City but rather it needed to be resolved among the nei ors. The Resident was interested to know why the Planning and Zoning Board recommendations were not taken into consideration, and why he as the neighboring property owner was not involved in the agreement process. Mayor Bergeson stated a closed meeting on October 8, 2001 resulted in the agreement made between the City and the Ramsays. He clarified the Building Inspector is under the jurisdiction of the Police Department. He stated Police Chief Pecchia had advised with the City Attorney and the Ramsays. City Administrator Smith stated City officials needed to be onsite with the property owners to review the agreement, and this meeting cannot take place until Friday, October 26, 2001. City Attorney Hawkins concurred with Mayor Bergeson. He stated a negotiation between the City and a property owner cannot involve a third party. COUNCIL MINUTES OCTOBER 22, 2001 Community Development Director Grochala stated Staff had worked diligently to rectify the situation • for all parties involved. He stated the Resident had been updated periodically. The Resident asked why actions were taken against the Planning and Zoning Board's recommendations. He asked why his property value is not taken into account. Mayor Bergeson clarified the Planning and Zoning Board is a recommending committee. He stated Council felt mitigation was still a possibility. Resident, 1107 Trapper's Court, came forward to ask for results on study related to improvements to be made to Holly Drive. City Engineer stated that study was not yet complete. He anticipates its completion to be December or January. The Resident asked why the matter of Trapper's Crossing Trail was delete •. rom the agenda. Mayor Bergeson clarified the matter still required work from Staff' back to the Council as soon as that work was finished. No one else was present for open mike. FINANCE DEPARTMENT REPORT, AL R sue will be brought Public Hearing on the Certification o ater and Sewer Utility Charges for collection with 2001 Property T 002 (3/5 Vote Required), Al Rolek — Finance Director Rolek advised Staff •`ring efore the City Council delinquent water and sewer utility charges for certificatyAuditor for collection with the following year property taxes. A public heart was dule to give affected property owners an opportunity to speak to this impending action. to roperty owners received mailed notice of this proceeding. Mayor Bergeson opene e public hearing at 6:58 p.m. Kelley Kimball, 7636 Appaloosa Lane, came forward to contest his water charges. Mr. Kimball stated he was prepared to pay the charges until he researched the history of water consumption on his property. He feels his water and utility charges are due to an error on the part of the City. Mayor Bergeson asked Staff what action should be taken on behalf of Mr. Kimball. City Attorney Hawkins stated Mr. Kimball has a right to challenge the utility charge and a procedure was in place to file such challenge. Mayor Bergeson asked Mr. Kimball is he had spoken with Staff on this matter. 4 COUNCIL MINUTES OCTOBER 22, 2001 Mr. Kimball clarified he had only spoken with Lynn Francis. He stated he believes there is a problem with the meters. City Administrator Smith asked had any new meters been recently installed. Mr. Kimball clarified his home was built in May 1998 and no new meters have been installed. Finance Director Rolek stated he would be happy to find a resolution to Mr. Kimball's concerns. He stated Mr. Kimball's charge should be removed until a future meeting should the issue not be resolved. Mayor Bergeson advised Public Services Director DeGardner would be the appropriate Staff person to work with Mr. Kimball. Councilmember Reinert moved to close the public hearing at 7:05 p.m. Councilmember O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 01-173, Authorize the Certification of Delin Charges to be Collected with 2001 Property Taxes Payabl Rolek advised Staff recommended the City Council adopt certification of delinquent water and sewer utility char payable in 2002. d Sewer Utility ek — Finance Director 3 authorizing the d with 2001 property taxes Councilmember O'Donnell moved to ado R o' w•. 01-173, as presented. Councilmember Dahl seconded the motion. Motion c Resolution No. 01-173 can ADMINISTRATIO There was no Adminis y the ity Clerk's office. ME T REPORT, DAN TESCH epartment Report. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Consideration of a Joint Powers Agreement with Centennial School District for Youth Resource Officer, David Pecchia — Chief of Police Pecchia advised the Lino Lakes Police Department and the Centennial School District have completed efforts for a renewal of the Joint Powers Agreement for the 2001/2002 school year. This agreement was discussed at a previous City Council work session. School district officials approved the Youth Resource Officer agreement at their October 8, 2001 School Board meeting. Chief of Police Pecchia recommended its approval. COUNCIL MINUTES OCTOBER 22, 2001 Councilmember Dahl moved to approve the Joint Powers Agreement, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. The Joint Powers Agreement can be found in the City Clerk's office. FIRST READING, Ordinance No. 21— 01, Reducing the Health Risk Exposure at Clandestine Drub Lab Sites and Chemical Dump Sites, David Pecchia — Chief of Police Pecchia advised Ordinance 21— 01 would reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drub lab site or associated dump site may exist. The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of childbearing age, at risk when exposed through inhabiting or visiting the site, now and in the future. Ordinance 21— 01 would require a second reading. Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 21— 01, as presented. Councilmember O'Donnell seconded the motion. Councilmember Carlson voted yea. Councilmember O'Donnell v voted yea. Councilmember Dahl voted yea. Mayor Bergeson Motion carried unanimously. Ordinance No. 21— 01 can be found in the City fice. Councilmember Dahl excused herselfg at 7:10 p.m. COMMUNITY DEVELOP ► a �� . PA ' MENT REPORT Consider Resolution Dahl of Emerald Cus was to remove a portio movement of the lot lin o. cilmember Reinert egarding 62xx Hodgson Road Minor Subdivision and John Inc., Jeff Smyser — City Planner Smyser advised the application d from one parcel and attach it to the adjacent parcel resulting in the pproximately five (5) feet. The purpose for the proposed action is to settle a question regarding the property boundary. This report is based on the document "Survey for: Emerald Construction" by Hy -Land Surveying, Inc., dated July 23, 2001. Mr. John Dahl is purchasing the land from Mr. John Tobish. As part of the sale of the property, Mr. Dahl had a survey prepared. The survey determined that the irons marking the property corners were incorrectly placed. However, Mr. Tobish and the neighboring property owners, the Bakers, have always assumed that the iron monuments represented the property line. In order to avoid a dispute, Mr. Dahl prefers to split off the strip of land and deed it over to the Bakers. This action requires a minor subdivision approval by the City. COUNCIL MINUTES OCTOBER 22, 2001 The property is zoned Rural. This lot comprises one acre when measured to the centerline of Hodgson Road. The lot was created prior to the 10 -acre minimum lot size new required in the Rural zone. The strip of land to be removed is approximately 1328 square feet, or 0.03 acre. The application involves a very minor change and poses no concern for public health, safety, or welfare. Mr. Dahl plans to construct a new house on the lot. That will require a building permit. The typical building permit review will address such issues as setback, a driveway permit from Anoka County, a culvert under the driveway, and septic system requirements. The Planning and Zoning Board considered the application on October 10, 2001 and recommended its approval with the following condition: The strip of land of approximately 0.03 acre removed from the parcel must be combined with the lot to the south. Proof of the recording of the new legal descriptions must be furnished to the City by the applicant within ten (10) days of the recording. Councilmember Reinert moved to adopt Resolution No. 01— 169, as . Councilmember O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 01-169 can be found in the City Clerk's • f Councilmember Dahl returned to the meeting at 7 - Consider Resolution No. 01-161, App Setback for a Single Family Reside is a new construction in an R-1 from Pioneer Engineering. t Variance to allow a 6.8 -foot Side Yard eff Smyser — City Planner Smyser advised this He presented a report based on Certificate Surveys City Planner Smyser s ted t port was presented at the October 10, 2001 meeting of the Planning and Zoning Board. si`ation of the issues, the Board voted to approve the Variance with the condition that the e ct- neighbor be notified. That notification has taken place, in the form of a letter sent out on Octob 12, 2001 to Jeff and Brenda Lucey of 6489 Clearwater Creek Drive. Mr. and Mrs. Lucey have not yet responded to the letter. In considering all requests for a Variance 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 and not created by the landowner. 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. COUNCIL MINUTES OCTOBER 22, 2001 4. That granting the Variance requested would not confer on the applicant any special privilege that would be denied by y this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. City Planner Smyser noted if the variance was not passed, the only other option was to rebuild the new home. Mayor Bergeson asked the variance applicant if he had spoken with the neighbors. The Applicant, representing Cornerstone Home Builders, stated he built the neighbors' home and was acquainted with them. He had not spoken to them regarding this matter. Councilmember Reinert stated he was uncomfortable with voting before he ing from the Luceys. He asked if the matter was urgent. The Applicant stated the family waiting to move into the new •gas �`tly living with relatives and would like to move into their new home as s ' o Councilmember Reinert asked to table the resolut'�1 t ceys were contacted and their opinion heard by the City Council. Mayor Bergeson concurred. He asked be taken after the Luceys were co Consideration of Resolutio was tabled. ne the Luceys immediately, and a vote would Consider Resolution ` , Amendments to Existing Conditional Use Permit, Amendments to Exist a rim Use Permit, and Site and Building Plan Review, Molin Concrete, Jeff Smyser '. ity Planner Smyser advised Molin Concrete Products Company has submitted applications for amendments to the existing conditional use permit, amendments to the existing interim use permit, and for a site plan review. The requested amendments would change several of the conditions that were adopted with previous approvals. The site plan review application is for a new manufacturing building on the site. The new building also is an amendment to the conditional use permit. City Planner Smyser noted approval of Resolution No. 01-171 would include approval for the amendments to the existing conditional use permit, amendments to the existing interim use permit, and the site and building plan review. City Planner Smyser reviewed the history of Molin Concrete. He stated the Molin site includes approximately 55 acres. The entire site is guided for industrial use by both the old and the new comprehensive plans. The north 20 acres of the site is zoned LI, the southern 35 acres is zoned GI. Surrounding land use and zoning is shown in the table: 8 COUNCIL MINUTES OCTOBER 22, 2001 City Planner Smyser reviewed the Site and Building Plan. He included review of structure, height, overhead cranes, lighting, landscaping plans, green space, traffic/circulation, parking, storm water management, wetlands, and signage. Staff included comments addresse • . h matter. City Planner Smyser reviewed the Conditional Use Permit Ame rim Use Permit as approved by the City in 1997. Staff included comments one. .} • ons. City Planner Smyser reviewed noise standards as det •'b the innesota Pollution Control Agency. He noted the current noise testing has n • • mp ed. City Planner Smyser reviewed findings m the Planning and Zoning Board and the Environmental Board. Staff recognthe resolution made by the Boards. City Planner Smyser review • ri een ` 9) conditions of approval as found in the resolution and recommended by staff. Discussion by Council ocused on the incomplete noise testing and concerns with screening of the new facility to be u Councilmember Carlson stated she held two (2) concerns, consideration of the noise report and the price of trees quoted to the City for the purpose of screening. Community Development Director Grochala clarified the price of trees quoted to the City was a general cost for fairly similar trees that are to be planted. Councilmember O'Donnell asked for clarification of where trees were to be planted in order to provide an effective screen. He asked specifically would trees be planted on the burm to the north of the facility. City Planner Smyser clarified the 1997 agreement would not have screened the new facility adequately; that has been changed in the 2001 amendments. He stated trees planted on burms are not Existing Land Use Existing Land Use Map New Comp. Plan Land Use Map Zoning Site Industrial Industrial Industrial LI and GI North Residential Single Family Residential Low Density Unsewer. Resid. Rural East Residential, Cemetery Single Family Residential Low Density Unsewer Resid. Industrial Commercial Rural GI South Industrial Industrial Industrial GI West Residential, Lino Air Park Single Family Residential Lino Air Park Low Density Unsewer. Resid. Rural R-1 City Planner Smyser reviewed the Site and Building Plan. He included review of structure, height, overhead cranes, lighting, landscaping plans, green space, traffic/circulation, parking, storm water management, wetlands, and signage. Staff included comments addresse • . h matter. City Planner Smyser reviewed the Conditional Use Permit Ame rim Use Permit as approved by the City in 1997. Staff included comments one. .} • ons. City Planner Smyser reviewed noise standards as det •'b the innesota Pollution Control Agency. He noted the current noise testing has n • • mp ed. City Planner Smyser reviewed findings m the Planning and Zoning Board and the Environmental Board. Staff recognthe resolution made by the Boards. City Planner Smyser review • ri een ` 9) conditions of approval as found in the resolution and recommended by staff. Discussion by Council ocused on the incomplete noise testing and concerns with screening of the new facility to be u Councilmember Carlson stated she held two (2) concerns, consideration of the noise report and the price of trees quoted to the City for the purpose of screening. Community Development Director Grochala clarified the price of trees quoted to the City was a general cost for fairly similar trees that are to be planted. Councilmember O'Donnell asked for clarification of where trees were to be planted in order to provide an effective screen. He asked specifically would trees be planted on the burm to the north of the facility. City Planner Smyser clarified the 1997 agreement would not have screened the new facility adequately; that has been changed in the 2001 amendments. He stated trees planted on burms are not COUNCIL MINUTES OCTOBER 22, 2001 typically successful. He stated screening would be between the homeowners and the burm in order to be more effective. City Planner Smyser shared with Councilmembers aerial photographs not yet seen by the members. He noted the screening currently in place and demonstrated where future trees were to be planted. Councilmember O'Donnell asked what was the timing for additional trees to be planted. City Planner Smyser clarified screening was to be an on-going process and no time table was in place. Councilmember Reinert asked who chose the company to do noise testing. City Planner Smyser clarified he personally chose the company after consulting with several city planners in the metro area. He stated the company he chose has an excellent reputation and has been very easy to work with on this matter. Councilmember Reinert asked if the resolution were voted on tonight, 'nclude a contingency based on the results of the noise testing. Councilmember Dahl referred to a list she received from trees used in their price quotes. regarding the types of City Planner Smyser clarified eight (8) foot trees used for the screening; the type of tree has yet to be determined. Councilmember Dahl stated she t• ���c• with the noise testing results. She stated she thought Staff was working to mat rs before bringing them to City Council for review. She asked Staff how far a. i.a the Planning and Zoning Board was on the matter of trees. She stated the issue w raise a r- `ent work session meeting; at the time, no one was sure. City Planner Smyser st did not know the Planning and Zoning Board's intent with the trees. Councilmember Dahl stated she did contact a member of the Planning and Zoning Board. That member supports trees being planted eighteen (18) feet apart rather than 36. She stated the Planning and Zoning Board raise the matter of a letter of credit to insure conditions are met. She asked if such a letter was an option. City Planner Smyser clarified a letter of credit or some sort of financial security would be provided by Molin Concrete. Councilmember Dahl stated she had discussed Molin Concrete's hours of operation with a concerned resident. She asked if there was a way to accommodate both residents and Molin Concrete in order to reach a win-win situation. She suggested establishing a time of day in which Molin Concrete could not begin work. 10 COUNCIL MINUTES OCTOBER 22, 2001 City Planner Smyser clarified Staff worked with residents to reach an agreement. He stated Staff was concerned with stifling Molin Concrete's business while meeting concerns of residents. Councilmember Reinert asked if it was possible to stipulate in the resolution that no work at Molin Concrete would commence before 4:30 a.m. City Planner Smyser stated the City has a right to put such a condition in the resolution. He stated Molin Concrete must meet early morning deadlines and typically begins work at 5:00 a.m. to meet production needs. Occasionally Molin Concrete must begin before 5:00 a.m. for specific projects, and stipulating a start time in the resolution could negatively impact Molin Concrete's business. Councilmember O'Donnell asked that Conditions 13 C and 13 D as related to time of operation be clarified. Conditions 13 C and 13 D in the proposed resolution read as follows: 13. The following noise mitigation efforts shall be utilized: c. There shall be no outdoor cutting, sawing, grin site before 8:00 a.m. on Saturdays. (This 'ro movement of product.) This condition a concrete plant covering the entire s d. There shall be no shuttle li interim use permit area interim use permit tivity anywhere on the ot apply to truck loading or nditional use permit for the ks, or other equipment operated in northern a.m. on any day. This condition applies to the Councilmember O'Donne >a o . 'fication related to noise created by the shuttle lift. City Planner Smyser c ' uttle lift as a machine used throughout the site. Councilmember O'Don° 11 asked if the shuttle lift was a problem regardless of its placement, or is it only a problem in the northern section of Molin Concrete's property. City Planner Smyser stated residents believe it is a problem everywhere. Councilmember O'Donnell stated he understood from a recent work session meeting that one (1) shuttle lift was shut down but there are others at the site. Tom Molin affirmed this understanding from the audience. Mayor Bergeson stated he would accept brief comments from the audience. He stated the City had before them a recommendation by the Planning and Zoning Board, and that recommendation needed to be acted upon that evening. He stated public hearings, neighborhood meetings, and informal discussions on this matter had taken place, and the best thing for the City at this point would be any new information to consider before voting on the resolution. 11 COUNCIL MINUTES OCTOBER 22, 2001 Councilmember Reinert stated his concern for the hours of operation. He stated he did not want to force Molin Concrete to shut down but still sought after a compromise with homeowners. Doug Miller, 7780 Lois Lane, stated the goal of the homeowners had always been to reach a compromise. He and others felt the 1997 agreement would be livable, but Molin Concrete did not meet conditions. Tree planting and the shuttle lift are issues remaining from the 1997 agreement. Mr. Miller was concerned with increased hours of operation. He recognized Molin Concrete's need to use the shuttle lift. Mr. Miller stated the noise testing was to prove the noise of the shuttle lift. He stated he understood Molin Concrete was not to use the shuttle lift before 7:00 a.m., and residents could agree to such a term. He stated at a previous Planning and Zoning Board meeting, Molin Concrete claimed their hours of operation to be 5:00 a.m. to 8:00 p.m. Mr. Miller said he was dismayed with Staff for not notifying residents of a recent work session meeting in which other agreements were made. He asked that a compromise be met or the issue returned to the Planning and Zoning Board. Gordon Cable, 462 Greenwood Lane, stated his concern is with the shuttle be restricted to a later time in the day. He asked City Planner Smyser done. He asked that its use e testing was being City Planner Smyser clarified noise testing was occurring .ne a• west ends of the site. He stated he gave several options to the testing company e final sites. Mr. Cable stated the homes closest to the site we on i ast side. Councilmember Reinert asked for clari " to en and how often the tests are conducted. City Planner Smyser clarified tested on two (2) different days and include at least one morning, one afternoon, test per site. John Hermann, 7859 ated he thought the most recent Planning and Zoning Board meeting had resolved h e. ner concerns. He said it was his understanding that Molin Concrete never agreed to 5:00 a. o 8:00 p.m. as hours of operation. He was concerned with parking on Lilac Street. He learned Lilac Street is a county road, and parking cannot be enforced by the city. He attempted to reach the County about the matter and was unsuccessful. He stated increased production would increase traffic and therefore increase safety concerns. He stated the Staff recommendation that the proposed expansion will not impact traffic seems inherently false. He stated two (2) conditions within the resolution state the site expansion could not be detrimental to the health and well being of persons or property. Mr. Hermann stated these conditions would not be met if the expansion occurs. He asked that the resolution be sent back to Staff for further consideration. Mark Husnik, 535 — 77th Street, stated he lives closest to Molin Concrete on the site's east side. He stated as the site increases in size it would increase its machine operations. He is concerned it will eventually become a 24-hour operation. He asked if a noise test could be taken from his property. He asked whether or not Councilmembers or the Planning and Zoning Board had visited the site to comprehend to noise levels. Mr. Husnik stated he visited with plant managers of similar facilities in • 12 COUNCIL MINUTES OCTOBER 22, 2001 the Metro area and was left uneasy. He is concerned that noise tests will not reflect how the site affects his home. Rebecca Miller, 482 Greenwood Lane, stated she is concerned with tree planting. She stated many homes currently have vegetation, and if the wrong trees are planted, current vegetation could be harmed. Councilmember Dahl asked if a sound test could be done at the closest home to the site. City Planner Smyser clarified the City previously negotiated with Molin Concrete as to the amount of money to be spent on noise testing. The current tests meet that amount. The City could do additional testing if it chose, but an evaluation of costs would be necessary. Mayor Bergeson asked if Staff knew an amount for the noise testing. City Planner Smyser stated he could not remember at the time how much t noise testing cost. Councilmember Dahl asked how the conditions within the resolu progress followed. She felt a number of things were still left i screening. City Planner Smyser clarified the Conditional Use itself unless the City takes action in the future to purposes would be required to be maintai reviewed and g the long-term care of anently attached to the property e permit. He stated trees for screening in a timely manner. Councilmember O'Donnell asked: _ . i of Findings for Conditional Use Permit Provision G. That provision reads as fo In addition to thosegera1 CUP for a concrete product plant must include the following provisions (Sec. 8 Sub g. All conditio pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. Councilmember O'Donnell stated he wanted to be sensitive to the noise issue while meeting Molin Concrete's business needs. He stated the resolution could be amended as needed in the future. Tom Molin, President, Molin Concrete, stated a number of measures have been taken to address noise concerns. He clarified the property north of 77th Street is already restricted, and the issue of beepers on Molin's machinery has been resolved. He stated he is not opposed to a noise test on the east side of the site. He reminded City Council of a noise test initiated by Molin Concrete and feels those results are credible. He stated Molin Concrete is restricted by the Minnesota Pollution Control Agency for noise. He feels the company is doing as much as can be done and has worked to meet neighbors more than half way. He stated the new building would eliminate many concerns related to 13 COUNCIL MINUTES OCTOBER 22, 2001 noise. In the matter of hours of operation, Mr. Molin stated the company is not interested in developing a 24-hour a day operation. He stated the company's general hours of operation are 5:00 a.m. to 8:00 p.m. He stated there would always be people unsatisfied with Molin Concrete's efforts. Councilmember Carlson asked if the word "may" could be struck from Condition No. three (3) in the resolution. City Planner Smyser agreed with the change. Pending passage of the resolution, Condition No. three (3) is to read: If off-street parking creates safety concerns in the future, the City shall re-examine the parking needs and may require additional parking spaces. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site. Councilmember Reinert stated Molin Concrete has made efforts to meet neighborhood needs, such as concerns with dust and beepers. He believed the new structure would improve the level of noise on the site. He asked Mr. Molin if any adjustment could be made to the hours of operation directly related to the shuttle lift, given that machinery is the cornerstone of noise c ! cerns. Mr. Molin stated one (1) shuttle lift has already been eliminated, for a specific task. He stated it is difficult to hold the compan irregular orders, emergencies, etc. He stated there are alre cannot be used before certain times of day, if at all. will only be used e of operation due to site where the shuttle lift Mayor Bergeson asked if there was any way to sound of the shuttle lift. Mr. Molin stated he understood conce o i - epers and early morning hours. He stated all noise concerns would be minimiz ilding site and operation changes. Councilmember Reinert stto avoid this matter in the future. He stated a compromise on Molin Concrete's E wo atis neighborhood concerns. City Planner Smyser sup» ,_`en striking Condition No. 18, which required a noise analysis to be preformed, and add at end of the resolution the following: "Be it further resolved that the amended Conditional Use Permit and site plan approval shall not be in effect until a noise analysis is performed to meet MPCA standards and shows no violation of those standards." Councilmember O'Donnell asked how this amendment would affect production for Molin Cement. City Planner Smyser clarified this amendment would require Moline Cement to wait on the building of its new facility. Councilmember O'Donnell asked if the amendment was essentially tabling the resolution. 14 COUNCIL MINUTES OCTOBER 22, 2001 City Planner Smyser clarified production would be dependent on the return of the noise testing results. Councilmember O'Donnell asked how long had the noise testing been in progress. City Planner Smyser clarified the process started approximately ten 10 (10) days ago, and results are expected at any time. Mr. Molin stated Molin Concrete could maintain the hours of operating their shuttle lift to 5:00 a.m. to 8:00 p.m. Councilmember Reinert asked what were the normal hours of operation for the shuttle lift. Mr. Molin clarified the normal hours of operation were 5:00 a.m. to 8:00 p.m., and Molin Concrete is willing to live with this compromise. Councilmember Reinert asked what Molin Concrete anticipates in re... • • . ng the shuttle lift. Mr. Molin clarified the shuttle lift would only be used for wal Councilmember Reinert asked during what part of the • . _ ose : terials typically used. Randy Molin, Molin Concrete Facility Manager, ated `e to a change in operation procedures and the building of the new facility, he did no ,'pa w the,'eed for the shuttle lift before 6:30 a.m. with the exception of special orders or emer_°=; e s ed noise heard by the neighbors would not exist after the building is built. Councilmember Reinert su` g `• operating hours of the shuttle lift be 6:00 a.m. to 8:00 p.m. and not to exceed 5:0 .m. . ked ' andy Molin if this was logistically reasonable. Mr. Molin stated due t e ange in operational procedures, these established hours of operation should not be a proble City Administrator Smith clarified the time frame could not be extended into the evening due to the nature of the business. Community Development Director Grochala stated Staffs concern with the 6:00 a.m. to 8:00 p.m. limitations and their relation to the Planning and Zoning Board's recommendations. The Planning and Zoning Board had recognized there was no solid definition of "extraordinary" times in which Moline Concrete would need to operate the shuttle lift outside the designated times. "Extraordinary" times differ between the company and the homeowners. Councilmember Reinert clarified the time limits would be for the shuttle lift only, not the entire business. 15 COUNCIL MINUTES OCTOBER 22, 2001 Community Development Director Grochala asked that these limitations be very clear in the resolution. Mayor Bergeson stated language of this kind addresses neighborhood concern. He noted an issue of enforcement might be raised in the future. Councilmember Reinert noted Molin Concrete's efforts are commendable and should be recognized as working to meet neighborhood concerns. City Planner Smyser reviewed the amendments to be made to Condition No. 3 as described earlier. He suggested the addition of Condition No. 13 E to read: "General operation hours for the shuttle lift shall be 6:00 a.m. to 8:00 p.m., never to begin prior to 5:00 a.m." City Planner Smyser reviewed the deletion of Condition No. 18 and the co , - s • onding addition to the end of the resolution as described earlier. Councilmember Dahl moved to adopt Resolution No. 01-17 en,1 ouncilmember O'Donnell seconded the motion. Councilmember Carlson moved to approve an amndition No. 14, in which a third clause would be added to read: "In accordance with Ordinance No. 02 — �he enty (20) acre light industrial storage area will be screened 100% from residenti Councilmember Dahl sec Councilmember O'Do tat'it was his understanding that the primary concern was noise and not the visual impacts of th it' e stated screening already exists along the northern border of the site. He asked if artificial scr ning was included in Ordinance No. 02 — 2000A. Councilmember Carlson referred to a previous decision made in February 2001 regarding a heavy industrial business. She stated her amendment will put the resolution in line with the City's current ordinances and will prevent future problems. She stated the amendment does not ask for more than the ordinance requires. Councilmember Reinert stated he would prefer to discuss such amendments at work sessions where costs and feasibility could have been addressed. He recommended not passing this amendment at this time due to unknown facts. Councilmember Carlson clarified she did not have the requested figures in time for the last work session. 16 COUNCIL MINUTES OCTOBER 22, 2001 Mayor Bergeson asked if amendment would require screening around the entire site. Councilmember Carlson clarified only the northern twenty (20) acres of the site would need the screening, and there is a great deal of screening along those acres already. City Planner Smyser clarified the amendment would result in 0.5 miles of screening. Councilmember O'Donnell asked for clarification of the placement of the storage facility to be built in relation to the burm. City Planner Smyser clarified no facility was to be built north of the burm as a condition of the resolution. Councilmember O'Donnell asked if the burm provided any screening. City Planner Smyser confirmed the ten (10) foot high burm provides a grea amount of screening. Mayor Bergeson asked for clarification of the placement of homes ,s to ge site. City Planner Smyser used a map to show the location of homes. Mr. Tom Molin asked for clarification of the need to pl e`r no . f the burm when the burm screens the entire building to the north. He asked � " fic. : of Ordinance No. 02 — 2000A. Councilmember Carlson stated her amend previous condition requiring the draina freeing dollars for the purchase of onsider burm as screening. She stated a ad been removed from the resolution, thus as screening. Mr. Tom Molin stated the s a f would not occupy all twenty (20) acres. City Planner Smyser s . �: e t to accomplish the amendment would be close to $100,000 based on the planting of trees _ ' n (18) feet apart along the 0.5 -mile border. Councilmember Carlson clarified the point was not to raise the cost of screening for Molin Concrete. She suggested finding means of more affordable trees. Councilmember O'Donnell asked if Ordinance No. 02 - 2000A stated what types of materials could be used for screening. City Planner Smyser stated he did not know the details of the ordinance. Mayor Bergeson stated there was purposed screening along with the burm as screening in the resolution. He stated there might be natural screening along the eastern border of the site. The neighboring airport impacts the western border, and neighbors to the west are not immediately adjacent to the property. He spoke against the amendment. 17 COUNCIL MINUTES OCTOBER 22, 2001 Councilmember Dahl stated screening on the north border would be done as needed and would provide a sound barrier. Mayor Bergeson asked Staff if natural vegetation existed to the west of the property and if so, did it provide enough of a screen. City Planner Smyser clarified there were trees planted along 4th Avenue, approximately 30 to 40 feet apart. Councilmember Dahl stated in her view there did not look like very many trees along 4th Avenue. The amendment presented by Councilmember Carlson was called to question. Motion failed two (2) votes for, and three (3) votes against the amendment. The motion to pass Resolution No. 01-171 was called to question. Motion carried unanimously. Resolution No. 01-171 can be found in the City Clerk's office. Consideration of Resolution No. 01-161 returned to the City Engineer Powell advised he had contacted the Luc from the City but were uncomfortable responding the variance, but at this point they did not see w hon=es hey had received notification eys stated they were not happy with uld be done. Councilmember Reinert moved to ado • • _ 'ori o. 01-161, as presented. Councilmember Dahl seconded the motion. Moti �ously. Resolution No. 01-161 c.. e City Clerk's office. Mayor Bergeson aske be considered before any other items. Consider Resolution . 01-168, McDonald's Site and Building Plan Review, Michael Grochala — Community Development Director Grochala advised the McDonald's project, located at the southeast corner of the Lake Drive/Apollo Drive intersections, previously received City Council approval on April 26, 1999 in conjunction with the JADT Development Group, LLP., Planned Development Overlay rezoning. A conditional use permit for the McDonald's drive-through was also approved at that time. In conjunction with the Market Place development City Staff recommended changes tot eh McDonald's site plan to improve vehicle circulation and safety along Apollo Drive. These changes included the following: 1. Elimination of the right -in only access to McDonald's from Apollo Drive. 2. Realignment of the McDonald's service road to create a 90 -degree intersection with the proposed Market Place service road. 18 COUNCIL MINUTES OCTOBER 22, 2001 3. Relocation of access drive to the McDonald's parking lot to provide increased stacking distance on the service road from Apollo Drive. These changes necessitated the need to rotate the McDonald's building on the site. McDonald's has accommodated these requests, however the changes did require resubmittal of the site plan for City approval. This review is based on the following updated plan submittals: Site Plan received 09/24/01 Landscape Plan received 09/24/01 Grading and Drainage Plan received 09/24/01 Building Elevations received 10/01/01 Community Development Director Grochala summarized the review, including: zoning; vehicular traffic; building; parking; trash enclosure; lighting; signage; landscaping; tri . reservation; grading and drainage; and utilities. Community Development Director Grochala noted the Planni request at the October 10, 2001 meeting. The Board reco plan subject to conditions listed in the resolution. It w already underway. and reviewed the al of the site and building y of these conditions are Councilmember Dahl asked if McDonald' .1 : uld wear time -period uniforms and if an indoor play area was being built. Dick Hangstrom, Real Estate made by store managemen plans to do so right n onald's, clarified the decision of uniforms would be Play Place may be built in the future, but there are no Mayor Bergeson asked " . Attorney to give City Council an update on the land purchase agreement with JADT , `t related to McDonald's. City Attorney Hawkins stated a purchase agreement drafted as a result of the October 8, 2001 City Council meeting was signed and complete. He explained one contingency to the agreement being the purchase by JADT of property from its current owners. He did not anticipate a problem with this purchase. He anticipates closing the sale on or before November 7, 2001. Councilmember Reinert asked if the resolution presented was contingent on the property purchase. City Attorney Hawkins clarified the resolution only approves the design of the McDonald's and is not related to the purchase of property. Councilmember Dahl moved to adopt Resolution No. 01-168, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. 19 COUNCIL MINUTES OCTOBER 22, 2001 Resolution No. 01-168 can be found in the City Clerk's office. Mayor Bergeson asked that the agenda be resumed with Item 7 D. Consider Resolution No. 01-167, Lino Lakes Market Place Final Plat, Michael Grochala — Community Development Director Grochala advised the final plat submitted for approval substantially conforms to the approved preliminary plat. A development agreement, previously reviewed by the City Council, has been executed and the required securities submitted to the City. The City Attorney has reviewed title to the property. Additionally, all conditions of approval have been satisfied. Councilmember O'Donnell moved to adopt Resolution No. 01-167, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 01-167 can be found in the City Clerk's office. SECOND READING, Ordinance No. 18 - 01, Offering the Sa US, Inc., Michael Grochala Community Development Dir purchasing a parcel of land from JADT Development Gro p into the Marketplace development on I -35W and Lake result from the construction of Apollo Drive to se Ryan Companies, the developer of Marke and incorporate it into the Marketplace parcel. Once the purchase agreem the City charter requir that recommending that th ordinance will not be i to Ryan Companies vised the City is ansaction to acquire access t parcel of 0.9 acres will lace development. urchase this remnant parcel from the City e price will equal the City's cost to acquire the is executed, the land can be sold to Ryan Companies. Since owned by the city must be sold by ordinance, Staff is ed readings be completed in order to expedite the sale. The until 30 days after it is published in the local newspaper. Councilmember Reinert moved to approve the SECOND READING of Ordinance No. 18 - 01, as presented. Councilmember Dahl seconded the motion. Mayor Bergeson voted yea. Councilmember Carlson voted yea. Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Councilmember Dahl voted yea. Motion carried unanimously. Ordinance No. 18 — 01 can be found in the City Clerk's office. Consider Resolution No. 01-170, Electing to Continue Participation in Livable Communities Program, Jeff Smyser -- City Planner Smyser reviewed the Metropolitan Livable Communities Act. Numerous communities in the Metro Area submit applications for funding under the program. The 20 COUNCIL MINUTES OCTOBER 22, 2001 funds are awarded on a competitive basis. In order to be eligible for consideration for any of the funding, a city must participate in the Local Housing Incentives Account Program. Participation includes working toward long-range goals for a greater variety of housing. The City does not need to adopt new goals at this time. The goals adopted in 1998 continue to apply; no change is necessary now. There is no implied guarantee that the City will reach the goals. Current housing market conditions make this extremely difficult. A second difficulty is that the census data has not been fully examined regarding the Metro housing picture. The Metropolitan Council is aware of these difficulties. Resolution No. 01-170 states that Lino Lakes elects to continue to participate in the program. We need to participate to be eligible for Town Center funding, including the $1.5 million grant the City just applied for. Councilmember O'Donnell moved to adopt Resolution No. 01-170, elect i . to continue participation in the Livable Communities Program. Councilmember ' - onded the motion. Mayor Bergeson asked if a meeting was recently held to discu t from Lino Lakes in this program. Community Development Director Grochala clari the Livable Communities Committee. He stated Committee's questions. Motion passed unanimously. and answer meeting was held with an excellent job answering the Resolution No. 01-170 c .: n r : ` �, e City Clerk's office. PUBLIC HEARING ssessments: ssessments: Bluebill Ponds; Highland Meadows West 3rd Addition, Peregrine' s, � ' irit Hills; and Individual Properties Which Requested Connection to City Utilities, John + well — City Engineer Powell advised on September 10, 2001, the City Council set the Public Hearing for the proposed assessments on five (5) projects for Monday, October 22, 2001. All necessary notices were mailed to affected property owners indicating the amount of the assessment and the date of the hearing. The projects involved are either subdivisions where the City has development agreements describing the assessments or individual properties where they have specifically petitioned and agreed to the assessments. City Engineer Powell offered to provide a brief overview of each project. He noted not all of the City's projects are to the point of a public hearing. Mayor Bergeson opened the public hearing on proposed assessments at 9:44 p.m. Mayor Bergeson opened the public hearing on Bluebill Ponds at 9:44 p.m. 21 COUNCIL MINUTES OCTOBER 22, 2001 City Engineer Powell gave an overview of the project. Councilmember Reinert moved to close the public hearing. Councilmember Dahl seconded the motion. Motion carried unanimously. The public hearing on Bluebill Ponds closed at 9:48 p.m. City Engineer Powell asked that Item H v be moved to Item H ii to accommodate those present in the audience to testify. The City Council agreed to the change. The public hearing on Individual Properties which Requested Connection to City Utilities was opened at 9:52 p.m. Les Jackson, 323 Lilac Lane, came forward to clarify the existence of a petition he signed allowing his property assessment to be included in his property taxes. He did not wish to contest the assessment. City Engineer clarified that yes, Mr. Jackson did sign such a petiti Councilmember O'Donnell moved to close the public he C off' ci tuber Dahl seconded the motion. Motion carried unanimously. The public hearing on Individual Properties close at 9: p. No one else was present in the audienc . r is hearings were waived. F� m. Councilmember Dahl moved ::. o e ge' ral public hearing. Councilmember Reinert seconded the motion. Motion carrie The public hearing on e • , sessments closed at 9:56 p.m. Consider Resolution °. 01-174, Authorize Participation in Trade -a -Tree Program, Michael Grochala — Community Development Director Grochala advised the program was introduced at the July Environmental Board Meeting. The Board requested a representative from the Twin Cities Tree Trust to come to the September Environmental Board meeting. Sara Smith from the Tree Trust attended the September meeting. Community Development Director Grochala described the program. There have been approximately 103 trees identified in the initial survey performed by the Tree Trust and Xcel Energy. Of these trees, there are several spans of smaller trees that could simply be treated. The estimated cost of stump grinding is about $50 per stump. The City would then be responsible for about $1500 for stump grinding and $60 for chemical control of non -removed stumps. The City has enough money in the Forestry budget for 2002 that is to be used for hazardous tree removal to cover these costs. 22 COUNCIL MINUTES OCTOBER 22, 2001 Councilmember Dahl moved to adopt Resolution No. 01-174, authorizing participation in the Trade -a -Tree program. Councilmember O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 01-174 can be found in the City Clerk's office. UNFINISHED BUSINESS Reconsider approval of August 27, 2001 Meeting Minutes — Councilmember Carlson asked for clarification as to why strikeout language was presented in the minutes. City Clerk Blair clarified nothing in the minutes was removed. Strikeout language and new language would remain in the same document. Councilmember Reinert moved to approve the August 27, 2001, Meeting utes. Councilmember Dahl seconded the motion. Motion carried unanimously. September 24, 2001 Council Meeting Minutes — Councilme Sept 24, 2001, Meeting Minutes. Councilmember Dahl s o unanimously. • October 8, 2001 Special Closed Session Meeti approve the October 8, 2001, Special Clo ; seconded the motion. Motion carried NEW BUSINESS There was no new bu COMMUNITY CAL cam' i OCTOBER 23, 2001 THROUGH NOVEMBER 13, 2001: Environmental Board Meeting, Wednesday, October 24, 2001, 6:30 p.m. Election Day, Tuesday, November 6, 2001 Canvassing Board Meeting, Wednesday, November 7, 2001, 5:30 p.m. ved to approve the on. Motion carried s — Councilmember Reinert moved to ting Minutes. Councilmember Dahl Council Work Session, Wednesday, November 7, 2001 (immediately following Canvassing Board Meeting at 5:30 p.m.) Veteran's Day Holiday, Monday, November 12, 2001, City Hall closed City Council Meeting, Tuesday, November 13, 2001, 6:30 p.m. 23 COUNCIL MINUTES OCTOBER 22, 2001 AD TOURN There being no further business, Councilmember Dahl moved to adjourn at 10:03 p.m. Councilmember Reinert seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, November 13, 2001. Ann Blair, City Cle Transcribed by: Wendy Underwood TimeSaver Off Site Secretarial, Inc. John B eson, ayor