HomeMy WebLinkAbout01/28/2002 Council MinutesCOUNCIL MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
JANUARY 28, 2002
CITY OF LINO LAKES
MINUTES
: January 28, 2002
. 6:35 P.M.
. 7:30 P.M.
: Carlson, Dahl, O'Donnell, Reinert, and Mayor
Bergeson
: None
Staff members present: City Administrator, Linda Waite Smith; City . ` ey, Bill Hawkins; Chief
of Police, Dave Pecchia; and Community Development Director, M
SETTING THE AGENDA
Mayor Bergeson noted there was an updated staff report f•Iti o 'Aiv onsider Charitable Gambling
License Renewal — VFW Post 6583.
Item 4A, Authorize Hiring of Building Inspector, was r=rnh om the agenda.
Item 4B, Pay Equity Report, was added to the a
Item 7A, Resolution No. 01-185, Minor divis • SSR & W Willard Morton and Brad Racutt,
was removed from the agenda.
The agenda was approved as amen
CONSENT AGENDA
Councilmember Carlson moves+ • ap • ove the Consent Agenda, as presented. Councilmember
Reinert seconded t :' •n. • • pcarried unanimously.
ITEM ACTION
DISBURSEMENTS:
January 28, 2002 (Check No. 64077 —
64211, $641,764.65)
Centennial Fire District (Check No.
13024-13048, $39,813.56)
Consider one -day Gambling Permit for
Circle -Lex Lions Club
Approved
Approved
Approved
COUNCIL MINUTES JANUARY 28, 2002
Consider Charitable Gambling License
Renewal — VFW Post 6583 Approved
Consider 2002 Fee Schedule
OPEN MIKE
No one was present for open mike.
FINANCE DEPARTMENT REPORT, AL ROLEK
There was no Finance Department report.
ADMINISTRATION DEPARTMENT REPORT, DAN T
Approved
Consideration of Pay Equity Report, Linda Waite Smi � ` A•. inistrator Waite Smith
advised the Minnesota Pay Equity Act was passed by the 1 sla =. R 1984. The law was designed
to reduce the inequity that was occurring between ma nd dale dominated job classes. Minnesota
Rules Chapter 3920 specifies the procedure for measuringorting compliance. Every three (3)
years, cities are required to conduct an analysis o t1 y program to determine compliance with the
act.
Late last year, the City conducted that analis wit
was found to be in compliance with the Act
elp of Labor Relations Associates. The City •
very positive rate of 104%.
The Council is required to accept t.. eport, ich is then forwarded to the Department of Employee
Relations. City Administrator Waite `, .,'th •; ed this item was added to the agenda this evening
because the report is due befor w • . month.
Councilmember Dahl moved ` • pro ,° the Pay Equity Report, as presented. Councilmember Dahl
seconded the moti
Councilmember Carls?` IDerred to item 2B in the report and inquired about the difference in pay
between male and fema 'obs. City Administrator Waite Smith advised she cannot answer that but
the City score was 104.8 ; m d the City is very much in compliance.
Motion carried unanimously.
PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
There was no Public Safety Department report.
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COUNCIL MINUTES
PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
There was no Public Services Department report.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT
JANUARY 28, 2002
Resolution No. 01-185, Minor Subdivision, SSR & W Willard Morton and Brad Racutt, Jeff
Smyser — Upon adoption of the agenda, this item was removed.
Resolution No. 02 — 06, Amendment to CUP, Gethsemane Church Michael Grochala —
Community Development Director Grochala advised the subject pro
Gethsemane United Methodist Church was a permitted use in an R-3
Ordinance in effect during its construction in 1989, a subsequent ch
requires a Conditional Use Permit for any Church located in an R-3
the Church to construct a picnic shelter will need to be handle
Permit Amendment since it is an alteration of the site, and ac
Section 2, Subd. 2.B.13, "any enlargement, structural alter
require an amended conditional use permit."
Community Development Director Grochala pres
presented at the January 9, 2002 meeting of the P
possible ways to decrease the number and total
by both eliminating the 8' X 10' tool shed andd
(approximately one foot on each side) the
Zoning Ordinance. The Planning and Zoniri
the following three (3) conditions:
is zoned R-3. Although
der the Zoning
rdinance now
result, the desire of
y as a Conditional Use
e City Zoning Ordinance
ification of such use shall
ented T alysis noting the item was
and Zoning Board. The Board discussed
ge of accessory buildings. It was felt that
e footprint of the proposed picnic shelter
ct could be brought into line with the City's
and voted unanimously to recommend approval, with
1.
Elimination of the 8' shed (or attachment of it to the existing garage) so that
there will be ndetached accessory buildings on the site, once the
proposed pic cted.
proposed picnic shelter so as not to exceed the total accessory
of 2,020 sq.ft. cited in the City's Zoning Ordinance.
3. Dedicat .fid record the formerly approved dedication of the Stage Coach Trail right-
of-way.
To conclude, Staff cannot recommend approval of the Conditional Use Permit Amendment as
presented, since it violates the City Zoning Ordinance in terms of number, size and materials used for
accessory structures. Staff could recommend approval of the Conditional Use Permit Amendment
with the following conditions:
1. Elimination of the 8' X 10' tool shed, so that there will be no more than two detached
accessory buildings on the site once the proposed picnic shelter is constructed.
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COUNCIL MINUTES
JANUARY 28, 2002
2. Decrease the size of the proposed picnic shelter so as not to exceed the total accessory
square foot maximum of 2,020 sq.ft. cited in the City's Zoning Ordinance.
3. Roof materials should be compatible with the principal church building (no metal
corrugated materials).
4. A building permit must be obtained for construction of the proposed picnic shelter.
5. Issuance of the building permit will not be granted until the former approved
dedication of the Stagecoach Trail right-of-way is offi ially recorded. Such dedication
is with the understanding that Parcels B and C will be a ncially responsible for the
future construction of the street, as approved by City C on May 27, 1997.
Mayor Bergeson asked if the Church is aware of the conditions of ap
Pastor Chad Galveston, Gethsemane United Methodist Churc _ = f3rward and stated the Church
is aware of the recommendation from the Planning and Zo e stated the Church
understood from the earlier approval in relationship to the < t - y, that the exact portion of the
Stage Coach Trail was not made clear whether it was the ent parcel or just Parcel C. He stated the
Church is concerned because there are no current plans p Parcel B. Holding the Church
financially responsible to develop the roadway w mak. huge burden and it could jeopardize a lot
of green space.
Community Development Director Grocha
was specifically placed on the actual approv
concept plans at that time that had th
exhibit #3 and indicated those parc
no parameters and Staff believes the
Mayor Bergeson asked if th
Community Development Dir
way through the p
tate. "fl e Staff review of the documents, condition #5
:hat was received by the Council in 1997. There were
g through the site. He referred to Parcel C,
out for development at that time. The Council gave
o get the entire right-of-way.
efersththe entire right-of-way through the parcel.
hala indicated the condition does refer to the entire right -of -
Mayor Bergeson state
that was based on the c
force a property owner to
eason for obtaining the entire right-of-way is for the future development
ept plans that were submitted. It has not been the practice of the City to
ild a street on undeveloped land. It is however, the policy of the City to
have access to public streets.
Community Development Director Grochala noted Staff is unclear about the intent of the previous
Council but it would take City Council action to change the Council's previous action.
Mayor Bergeson asked if there is any urgency to approve the request.
Pastor Galveston advised they hope to be ready with the building permit in the spring.
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COUNCIL MINUTES
JANUARY 28, 2002
Mayor Bergeson stated this item could be tabled for further discussion at a work session. The other
option is for the Council to take action tonight. He indicated he believes the item should be tabled for
further discussion.
Councilmember Reinert asked for clarification regarding the Church's concerns.
Pastor Galveston stated the concern is the financial burden of putting a roadway in when the land is
not developed and also losing green space.
Councilmember Reinert asked if the road will go through before the .roperty is developed.
Community Development Director Grochala stated the property to th rth is vacant. There would
be access to the north with provisions for a loop. With the acquired way the road could be
developed without the subdivision.
Councilmember Reinert stated if the roadway can be constructs :.ii' roperty being
developed the Church does have a very valid concern.
Mayor Bergeson stated the applicant can ask for a delay an a `ouncil can also choose to table
this item if the City has not yet reached the deadline.
Community Development Director Grochala stat
previous Council's intent was when this was ap
the right-of-way in and providing a cul -de -s
indication of the intent of the Council. Th
Department does want the entire right-of-wa
aff concern is that Staff is not sure what the
97. The City could get by with stubbing
e does not know if Staff can get a clearer
get the stubbing on this and the Engineering
Councilmember Reinert clarified t
asked why the road would be shown
through. He stated he would 1ffi
was the same plan that was submitted in 1997. He
f the intent wasn't to get the roadway all the way
is further at a Council work session.
Pastor Galveston stated the h hay other survey done after the approval in 1997. The surveyor
drew out the conc ith th t -of -way to Parcel C. The Church is not sure why the surveyor
did that and the Chu ent should have been recorded. The Church has no issue
with the right-of-way ' a cel C. There was direction given to draw the right-of-way only to Parcel
C and that should have -n recorded.
Mayor Bergeson noted if this item is tabled it is no guarantee that it will be approved but it will allow
time for further discussion.
Pastor Galveston stated the Church is not opposed to tabling the request. The Church would also like
the Council to consider a variance to leave the picnic shelter as designed. The variance would be for
80 square feet on 70 acres, which is not that much out of compliance. He inquired about the
possibility of the Council granting a variance.
COUNCIL MINUTES
JANUARY 28, 2002
Mayor Bergeson stated the variance may be for a small amount but there is a very specific procedure
for a variance request. The current application would not have to go back through the Planning and
Zoning Board if it is tabled. A variance request would have to go through the entire City process. If
the Church would like to also wait on the variance request, the Church should request a delay for the
entire application.
Community Development Director Grochala stated the City would need the applicant's approval for
an extension. He suggested the current application be discussed further at a work session and deal
with the variance issue separately.
Pastor Galveston indicated he would withdraw the variance request s time.
Mayor Bergeson asked the Council if they want to proceed with the mor it for further
discussion.
Community Development Director Grochala stated he is ass c'tension will be needed by the
applicant.
Mayor Bergeson advised the City is obligated to take . tion "` thin 60 days after the application is
submitted. Permission from the applicant is needed to review period.
Community Development Director Grochala st
should not take that long before action is taket
nsion would be for 60 days. However, it
Pastor Galveston asked if he can assume actio `#' ill be taken at the next Council meeting.
City Attorney Hawkins noted the C Chas th ght to extend action also.
Pastor Galveston stated he wool o :w when the issue will be addressed.
Councilmember Reinert state s e Co �cil could delay action this evening with the understanding
that it will be on t • unci' da. The issue can be discussed at the next Council work
session.
City Administrator Wail mith noted the next Council work session is on February 6 and the next
Council meeting is on Fe ary 11, 2002.
Pastor Galveston indicated the Church is agreeable to that extension.
Councilmember O'Donnell added he does support discussing this issue further at the next work
session.
Councilmember Dahl moved to table Resolution No. 02 — 06 until the February 11, 2002, City
Council meeting. Councilmember O'Donnell seconded the motion. Motion carried unanimously.
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COUNCIL MINUTES
JANUARY 28, 2002
SECOND READING, Ordinance No. 01— 02, Drainage Easements on Lot 1 Block 10, Lakes
Addn. No. 3, Michael Grochala — Community Development Director Grochala advised the City
Council approved the first reading of this ordinance on January 14, 2002. The ordinance resolved two
(2) easement issues on this lot by completing actions approved by the City years ago that were never
officially recorded.
Councilmember O'Donnell moved to approve the SECOND READING of Ordinance No. 01— 02, as
presented. Councilmember Carlson seconded the motion.
Councilmember Dahl voted yea. Mayor Bergeson voted yea. Counc ; rnber Carlson voted yea.
Councilmember O'Donnell voted yea. Councilmember Reinert vote
Motion carried unanimously.
Ordinance No. 01— 02 can be found in the City Clerk's offic
Resolution No. 02 — 07, Approving the Plans and Spec'
for Bids — Lake Drive/Apollo Drive Improvements
Director Grochala advised the plans and specifications
Council on September 24, 2001. Preparation of
reviews by the Anoka County Highway Dep
substantial completion of the construction w,.
ti `°''d Authorizing Advertisement
ohn owell — Community Development
oject were ordered by the City
is substantially complete, including periodic
viewed the project schedule noting
5, 2002.
The next step in the Public Improvement Pro
specifications and authorize advertise
report on the status of the budget f
Community Development Dir
did receive comments from
prepared and will be include
maintain two (2)1
for this project is to approve the plans and
After bids are received the City will assemble a
d briefly on the plans for the improvement. He noted he
a traffic control plan. He stated those plans are being
°1 report. Typically on a project like this the City will
the construction period.
Councilmember Carls
including the same turn
Grochala stated the plans
assessments are also included and the agreement with JADT.
ed if the plans are the same design that was given in the feasibility report
d how the road will be paid for. Community Development Director
the same design as what was received in the feasibility report. The
Councilmember Carlson inquired when the construction will begin. Community Development
Director Grochala stated it is anticipated that construction will begin in April 2002.
Councilmember Carlson clarified that substantial completion will occur in two (2) months.
Community Development Director Grochala advised the substantial completion date is June 15, 2002.
COUNCIL MINUTES
JANUARY 28, 2002
Councilmember Carlson stated a resident suggested Lilac Street be opened during construction.
Community Development Director Grochala stated that suggestion can be brought to the City
Engineer. The County would also have to approve that. It is a possibility but it will have to be
reviewed because it could cause more problems.
Councilmember Carlson asked if Target is going to open in July. Community Development Director
Grochala stated Target is still looking at a July opening.
Councilmember Carlson asked if there are any additional plans for connecting 77th Street to the
second access. Community Development Director Grochala stated t ere are no plans at this time for
connecting 77th Street to the second access. There are some properti that area that will be going
up for sale that could possibly be pursued by developers that may allo connection.
Councilmember Dahl asked if Staff will continue to meet with the ne
continue discussions relating to the traffic flow. Community
Staff will keep all businesses informed and that will be very b
Staff may consider weekly meetings to discuss issues suc
Weekly meetings will be discussed with the City Engineer.
Ms. Kathy Hansmann, 7601 Lake Drive, stated she has
60 -day project ended up taking 18 months. She s
they are also very concerned and want traffic pl
also a big issue. She stated she knows this
much easier. She stated she would apprec'.
informed.
Councilmember Dahl asked how lo
Grochala stated the project will take
June 15, 2002.
businesses to
rector Grochala stated
ith a project of this size.
livery or road closings.
ugh a project like this one before. A
has talked to other business owners and
ality of the road during construction is
ut if everyone works together it will be
fic plan and also the City keeping everyone
ruction will take. Community Development Director
eeks. The project has to be substantially complete by
Councilmember Dahl asked t taff . ok at other options such as Lilac Street if for some reason the
two (2) lanes of tragi n't wog hut.
Councilmember Dahl •d to adopt Resolution No. 02 — 07, as presented. Councilmember Reinert
seconded the motion.ion carried unanimously.
Community Development ) ',rector Grochala advised the City does have copies of the plan available
to all residents and business owners.
Resolution No. 02 — 07 can be found in the City Clerk's office.
UNFINISHED BUSINESS - None
COUNCIL MINUTES
JANUARY 28, 2002
• NEW BUSINESS
November 21, 2001, Council Work Session — Councilmember Carlson moved to approve the
November 21, 2001, Council Work Session Minutes, as presented. Councilmember Reinert seconded
the motion. Motion carried with Councilmember Reinert and Mayor Bergeson abstaining.
December 17, 2001, City Council Meeting — Councilmember Dahl referred to page 6, paragraph 3,
and indicated her comment regarding minimum required lot sizes to qualify for the Green Acres
agricultural program was a question and the reference to acres to be changed to 20.
Councilmember Carlson moved to approve the December 17, 2001, Council Meeting Minutes, as
amended. Councilmember O'Donnell seconded the motion. Motion cea unanimously.
JANUARY 29 THROUGH FEBR,RY 1 2002:
COMMUNITY CALENDAR ,
Environmental Board Meeting, Wednesday, January 30
Park Board Meeting, Monday, February 4, 2002, 6:30
Council Work Session, Wednesday, February 6, 2002,
EDAC, Thursday, February 7, 2002, 7:00 a.
City Council Meeting, Monday, Februa 1, 2002 1 30 p.m.
ADJOURN
There being no further business, Conn er O'Donnell moved to adjourn at 7:30 p.m.
Councilmember Dahl seconde' ti otion carried unanimously.
These minutes were considere® rd app oved at the regular Council Meeting, February 11, 2002.
at_
Transcribed by:
Kim Points
TimeSaver Off Site Secretarial, Inc.
a
Ann Blair, ty Clerk John Berg esn , yor