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HomeMy WebLinkAbout03/20/2002 Council MinutesCITY COUNCIL WORK SESSION MARCH 20, 2002 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : March 20,,2002 . 5:35 p.m. . 7:45 p.m. : Council Member Carlson, Reinert O'Donnell (6:00) and Mayor Bergeson : Dahl Staff members present: City Administrator, Linda Waite Smit ., ity Engineer, Jim Studenski; Public Services Director, Rick DeGardner (part); o_ ity Development Director, Mike Grochala; Chief of Police, Dave Pecchia ,'ronmental Specialist, Marty Asleson (part); and Police Sergeant Kurt Rausch REFERENDUM UPDATE, RICK DEGARD Public Services Director DeGardner stated th been completed and will broadcast on the p.m. The informational brochure is c April. Another referendum meeting resentation for the referendum has el every day at 1:00 p.m. and 6:15 e printer and will be sent to residents in d this evening. UPDATE ON FIVE-YEAR PL S I ,WAITE SMITH City Administrator Wai, Smith •uted a memo from Finance Director Rolek that advised work on the Fiv h. lowed due to preparation for the annual audit. Staff continues to work t '' gh e draft, to review original proposals and to assess tax and revenue impacts over th ; rm of the plan. The draft will be reviewed by staff and revised as needed. The draft lan will be reviewed at the Council work session on April 3. Any changes in the timing will be communicated well in advance to the City Council. Staff's goal is still to have the Five -Year Plan completed and adopted at the April 8 meeting, prior to the joint Council/Charter Commission meeting schedule for April 11. NO -WAKE ORDINANCE — REPORT ON CENTERVILLE'S ACTION, MARTY ASLESON Environmental Specialist Asleson advised the City of Centerville did hold a public hearing regarding this issue. The second reading of the proposed ordinance in Lino Lakes will be on Monday, March 25, 2002. The ordinance has changed slightly regarding the 1 CITY COUNCIL WORK SESSION MARCH 20, 2002 language defining the no -wake zone, the enforcement and the no -wake zone and the effective date. Ms. Mary Capra, Councilmember for the City of Centerville, stated the Centerville Council was not in favor of the sunset date in the Lino Lakes ordinance, but did agree on the 200 -foot buffer. Mayor Bergeson asked if the City of Centerville has officially taken any action. Ms. Capra stated the City only has to vote on the ordinance once. The vote will be taken at the next meeting. City Administrator Waite Smith stated the League of Minnesota Cities has indicated it is okay if one of the involved cities has a sunset date and anot city does not. The sunset date does not make the ordinance illegal. Ms. Capra stated the concern is the sunset date will dropce off the books. Environmental Specialist Asleson stated staff would ", e `' set clause to be for a longer term if the ordinance is going to include a t s ate. Mayor Bergeson stated he received a call fro ie Co M issioner Langfeld. Commissioner Langfeld was concerned about the existence sr>� set clause and that two years is not enough time to determine if the no -wake .' ance is effective. He noted the public hearing will continue at the Council Monday and action will be taken on the second reading. The majority of they was in favor of the sunset clause but there will be more discussion before an. Councilmember Reinert stated R aq ;.. a one that suggested the sunset clause to keep the issue on the radar. He s oe ant the issue to drop after the ordinance is passed. The sunset claus • st • ff aware of the birds and the effect of the no -wake ordinance. He stated no on seems to be sure if the ordinance will solve the problem. The sunset clause may not b a'• perfect solution but it was the only option that was brought forward. The sunset clause is actually 2 %2 years which will give the City three summers to see if the birds do come back. Mayor Bergeson requested a copy of the minutes from the meeting that was held at Centerville. Chief Pecchia stated that as one of the residents on the lake, he and other residents would prefer that the no -wake zone go straight across the lake instead of at an angle due to safety issues with kids swimming in the lake. Councilmember Carlson asked if all of the residents on the north side of the lake were contacted. 2 CITY COUNCIL WORK SESSION MARCH 20, 2002 Chief Pecchia stated everyone on the lake is aware of the public meetings. He stated he did advise the residents that they need to bring their concerns forward to the Council. Councilmember Carlson stated there were two members of the Council that were not in favor of a sunset clause. She stated she wanted to put in a condition of approval that the ordinance be reviewed periodically. She stated she is concerned about a sunset clause because the City has not put a sunset clause into any other City ordinances. Mayor Bergeson stated the sunset provision and the exact alignment of the no -wake zone would be discussed further at the meeting on Monday. Ms. Capra noted the City of Centerville did approve the 200 foot buffer with the no -wake zone at an angle. Environmental Specialist Asleson advised that Ms. Joan Gal Natural Resources (DNR) had indicated the DNR would area. epartment of 2,500 foot swimming Community Development Director Grochala state ery important that the issue not be dropped once the ordinance is passed. This ' .4 a wi eed continual evaluation. Another option is to put in a clause that states - • unity Development Director must provide an evaluation every two year • •'wake zone, rookery and other environmental aspects of the island. The r cil can then make a decision about whether or not to keep the ordinance. c lso work with the DNR and Anoka County Parks for updates. Environmental Specialists Asle R" - d - problem is how to determine what number of birds coming back is a sign c: ber. Councilmember Reinert s a+ sun et clause will not make the no -wake zone go away. It will just keep the 1 ue on the table and help identify the problem of why the birds left. He stated he is no support of extending the sunset clause past two years. This item will appear on the regular Council agenda Monday, March 25, 2002, 6:30 p.m. ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), PHEASANT HILLS 12TH ADDITION, MICHAEL GROCHALA Community Development Director Grochala stated the City received a petition requesting the preparation of an Environmental Assessment Worksheet (EAW) for the Pheasant Hills 12th Addition project. The petition requests that the Minnesota Environmental Quality Board (EQB) act as the responsible governmental unit for the EAW. In accordance with the rules, the EQB decides which governmental unit has the greatest 3 CITY COUNCIL WORK SESSION MARCH 20, 2002 responsibility for supervising or approving the project as a whole. In this case, it is the City of Lino Lakes, and so the EQB forwarded the petition to the City. The project may not be started and no final governmental decision can be made on the project until the EAW process is completed. The project proposer, Mr. Ed Vaughan, has been notified that no further work is to occur on the site. Because of the potential impacts of the project, it is appropriate to prepare an EAW. The EAW process is typically 3-4 months long and it will determine if an Environmental Inventory Study (EIS) is necessary. Councilmember Carlson asked if the Planning and Zoning Board discussed the EAW. Community Development Director Grochala stated the EAW was discussed but it was not an action item. Councilmember O'Donnell clarified that the EAW will dete an EIS needs to be done. Community Development Director Grochala stated the were necessary. If the EAW determines there are si then an EIS should be completed. An EIS typical more detailed process than the EAW. ould determine if an EIS nvironmental impacts, about one year and is a much Mayor Bergeson asked if it is fair to say th . is common and an EIS is rare. Community Development Director Groc confirmed this. Councilmember Reinert asked if mo with the EAW. Community Dev provide more details on the pro ation would be presented on the project irector Grochala stated the EAW would Mr. Jeff Shopek, of Lou es, stated he has done a lot of revision on the plan and the plan already ess° the environmental issues. He stated he feels an EAW is not necessary and it is ju extending the process. The PDO will also address some of the issues. He stated he has eady gone through the issues that the EAW will address. He noted there is an exemption for 20 lots or less, but this project is not exempt because it is in a shoreland overlay district. There are no wetland impacts relating to this project. Mr. Kirk Corson, resident of Lino Lakes, stated the variances and the PDO are big issues but the bridge itself is a permanent structure and its impact needs to be addressed. The City does not want a future liability with the bridge. The City is essentially responsible for the bridge. A lot more details are needed relating to the bridge itself. Mr. Vaughan stated he has a video presentation about the bridge if the Council would like to view it. 4 CITY COUNCIL WORK SESSION MARCH 20, 2002 Mayor Bergeson stated the issue for Monday night is the EAW. The Council will have to address the design issues at a later date and will want to view the bridge video when those details are discussed. A resident stated she is very strongly in favor of the EAW and would like the Council to view the bridge video so the Council can see how big the bridge will be. She stated the road would be in the shoreline and outside agencies need to review this project along with the.City. Another resident present stated he has seen no goodwill on behalf of the developer. The developer has already been on the site knocking down trees. Mr. Vaughan stated he was on the site with Environmental Specialist Asleson who indicated there were some dead trees that needed to be rem • . He stated he went out there to burn the dead trees. Mayor Bergeson noted the staff is responsible for enforc's s of the City. Mr. Vaughan referred to a map pointing out Ward L the area flow through Ward Lake. He stated the o sacred is the neighbors that live by it. He state developing his own land. that all of the roof tops in g that makes the lake and island s a reason to prohibit him from A resident present stated the EAW proce '11 provide a lot of clarity regarding all of the issues. Community Development Direct months. The developer has be However, other agencies have pr the information together allow for flexibility on th This process may answer th stated the EAW may not take a full three e issues that have already been identified. reviewed different plans. The EAW will pull all 1 projects in terms of ordinances. A PDO does f th '= project and how that design will affect the area. e questions. Mr. Shopek stated he has met all the standards and does not believe an EIS will be necessary. He stated the EAW process is only delaying the project. The developer has already worked with the DNR and Rice Creek Watershed District. He stated he does not believe an EAW is justifiable. A resident noted the variance needed is huge and the EAW process is necessary. The project will also affect the Anoka County Park. Councilmember O'Donnell asked if the EAW will present facts on the environmental impacts. Community Development Director Grochala stated the EAW tries to define if there is a cause of significant impacts. There will be a recommendation on whether an EIS is needed or not. 5 CITY COUNCIL WORK SESSION MARCH 20, 2002 Councilmember Carlson stated she does not remember an EAW on housing projects within the City in the past. She requested information on the last EAW done related to a housing project. This item will appear on the regular Council agenda Monday, March 25, 2002, 6:30 p.m. DISCUSSION OF "MULTIPLE CALLS TO THE SAME ADDRESS", DAVE PECCHIA Chief Pecchia advised the Police Department is looking at the same ordinance that the City of Eagan has in place. Most "nuisance" calls are for animals and home business disturbances. The Department would like to be proactive and get this ordinance in place and have a civil penalty to help pay for the cost of respond' o excessive calls from one address. Sergeant Rausch distributed and reviewed a draft of a pr private property owner can be charged a fee of $250.00 nuisance calls for the same or similar nature within a nance noting that a or more verified me period. Councilmember Reinert stated the ordinance is eat i . However, he is concerned that the ordinance may deter calls when assist m eally needed at places such as a hotel. Sergeant Rausch noted discretion can en issuing the civil penalty. City Administrator Waite Smith x: estic violence is considered something other than a nuisance call. Chief Pecchia stated the. � =te what pertain to domestic violence calls and the would not be covered by anc The City also has a different fee set up for false alarms. Mayor Bergeson stated a hotel will have some loud rooms even if the hotel manager is acting very responsibly. Chief Pecchia stated the Department does expect some loud rooms. But if there are problems continually the Department needs to get the message to the manager that he or she must work with the police to eliminate problems. Staff is working on drafting the ordinance and the civil penalty is above and beyond the criminal penalty. LIQUOR ORDINANCE — SURVEY OF LICENSE HOLDERS, DAVE PECCHIA Sergeant Rausch distributed a draft of a policy regarding liquor license suspensions and revocation. The point of the polity is to get businesses involved with the Department 6 CITY COUNCIL WORK SESSION MARCH 20, 2002 regarding underage drinking. The policy includes a best practice agreement that allows for a lower fee for the license renewal. Chief Pecchia stated the City is updating the liquor license ordinance and will be meeting with the license holders next week. The new ordinance will go through the usual City process that includes a public hearing. Mayor Bergeson asked how the City can better address the problem of establishments which serve persons who are already intoxicated. Chief Pecchia stated uniformed officers have been going into the establishments at closing time and talking to the patrons. There have not been any complaints about this practice from the license holders. Another way to deter serving intoxicated people is to have the license holders be part of the best practice agreement. AIRPORT POLICE PERSONNEL, DAVE PECCHIA Chief Pecchia advised the airport will be losing the Nati months. The Airport is recruiting trained officers to ass The airport will be paying the salary and benefits tha He noted the Police Department has done contract services in a few airport on their time off. etermines is appropriate. with other cities in the past. INTERNATIONAL ASSOCIATION OF P. = CHIEFS CONVENTION, CHIEF PECCHIA Chief Pecchia advised the Police Chie October. A request has been made f stated he believes the City will ha is not detrimental to the City. pay their wages. The reserve o 'Sion is being held in Minneapolis in ty officers to help provide security.. He rsonnel that can work for a shift as long as it y be needed for one day. The City would ay a so volunteer to help with the security. It was the consensus of th to .i ow City Officer's to help with the security at the International Association o olice Chiefs convention. CENTENNIAL UTILITIES FRANCHISE, LINDA WAITE SMITH City Administrator Waite Smith distributed and reviewed a memo regarding the Circle Pines Gas Franchise. The memo indicated that last February the City Council received a request to reconsider the City's franchise agreement with Centennial Utilities (formerly Circle Pines Utilities). She stated she was approached informally about reopening those discussions. She stated she is seeking Council direction regarding this issue. The memo also reviewed the background of this issue and noted the available options for the Council. Staff is recommending the Council reconsider the franchise fee and replace it with a specific dollar amount to be paid each year. This would reduce the utility's burden somewhat without eliminating a source of revenue the City can not easily replace. Another option would be to reconsider a franchise fee for Reliant Energy Minnegasco. 7 CITY COUNCIL WORK SESSION MARCH 20, 2002 Mayor Bergeson suggested a volume based fee as opposed to a revenue based fee. Councilmember Reinert suggested a fee based on the number of homes with an inflationary number factored into the fee. Councilmember O'Donnell stated he would support a set amount but with a cap on the fee: City Administrator Waite Smith noted Centennial Utilities feels Reliant Energy has an unfair competitive advantage because they do not pay a franchise fee. Council determined staff can continue the discussion and continue to look at other options. City Administrator Waite Smith advised she will n more information regarding the financial advantages a municipal utility might h at other utilities do not have. REGULAR AGENDA, MARCH 25, 2002 Item 7C, Consideration of Resolution No. 02 — 21 Environmental Assessment Worksheet for Phe Council requested the original staff report an and Zoning Board meeting. There were no other changes to the re The meeting was adjourned at 7: ring Preparation of An Hi a."Preserve 12th Addition — that was presented at the Planning These minutes were considere ; ed and approved at the regular Council meeting held on April 8, 2002. Ann B1' r, City Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 8