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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. 2 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. 3 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. • • 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. • • • 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