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HomeMy WebLinkAbout05/28/2002 Council MinutesCOUNCIL MINUTES - MAY 28, 2002 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : May 28, 2002 . 6:33 P.M. . 7:45 P.M. : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; Chief of Police, Dave Pecchia (part); and Community Development Director, Mike Grochala; City Engineer, Jim Studenski; Finance Director, Al Rolek (part); Fir hief, Milo Bennett; and City Clerk, Ann Blair SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Councilmember Carlson moved to approve the: genda, as presented. Councilmember Reinert seconded the motion. Motion carried imously. ITEM DISBURSEMENTS: May 28, 2002 (Chec 65182, $552,739.71) Centennial Fire District ( eck No. 13216 - 13235, $7,129.98) Consider Block Party Application, Cul-de-sac on Linden Lane _ OPEN MIKE ACTION Approved Approved Approved Ms. Gladys Broker, VFW Auxiliary, came forward and introduced the officers of the VFW Auxiliary. She presented awards to the Police Department, Fire Department, and Paramedics for all their help with many safety projects in the last year. COUNCIL MINUTES MAY 28, 2002 Fire Chief Bennett stated the VFW Auxiliary presented the various departments with awards but they are a major contributor to events that happen in the City. He thanked the VFW Auxiliary for all their help and support. Chief Pecchia stated the VFW Auxiliary has made donations that help with safety equipment, safety camp and the citizen's academy. Mr. Ron Stranz, 575 Marshan Lane, came forward and stated he is a neighbor to the City Hall complex and lives behind the hole that was dug for drainage adjacent to the building. He indicated that when he originally viewed the hole it was 15-20 feet from his drainage system. Shortly after that another culvert was constructed. Saturation is a problem and every year the problem gets worse. He stated he had water in his basement and will possibly have sewage in his home. He stated he has to monitor all uses of water in his home. He indicated he is trying to be a good neighbor but if any more blacktop goes in this area there is going to be a huge problem. asked what the City is going to do about this problem. Mayor Bergeson stated the City wants to be a good neighboro staff will contact him regarding this issue as soon as possible. Mr. Stranz stated another neighbor in the area is also sa. ' to have problem. He added he does appreciate the City looking into the problem. No one else was present for open mike. FINANCE DEPARTMENT REPORT, ' CEK 2001 Audit Report — Finance Directs � .'wised the 2001 Annual audit was undertaken by the City's auditors, Larson, Allen, Wei pair : o : : y, LLP, earlier this year, with field work being completed in late March. The audito ew financial transactions and the financial reports of the City over the previous year ai ■ '''n presentation and for full disclosure of all material aspects of the City's financia e drt n. is review is conducted in accordance with generally accepted auditing standards an e standards applicable to financial audits contained in Government Auditing Standards, issued by thComptroller General of the United States. The auditors concluded that the City's financial statements for 2001 presented fairly, in all material respects, the financial position of the City as of December 31, 2001. The auditors also issued their reports on the City's legal compliance with certain laws, regulations, contracts, internal control structure, and management issues. It should be noted that the City has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada for its last five Comprehensive Annual Financial Reports. Staff believes the report issued for 2001 will also qualify for this prestigious award. COUNCIL MINUTES MAY 28, 2002 Finance Director Rolek advised Mr. Darwin Vicker will provide a brief overview of the City's financial statements this evening. After Mr. Vicker's presentation, staff recommends that the City Council formally accept the 2001 Annual Audit Report. Mr. Viker came forward and briefly presented a recap of the 2001 Audit Report noting the highlights pertaining to the City's finances. He indicated the City is in better shape financially than it was last year because several debts have been paid. Councilmember Reinert moved to approve and accept the 2001 Annual Audit Report, as presented. Councilmember Dahl seconded the motion. Motion carried unanimously. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH There was no Administration Department report. PUBLIC SAFETY DEPARTMENT REPORT DAVE PEC Consider Resolution No. 02 — 50, Authorization to Spen advised the Police Department is requesting to spend up f . $ purchase a used 45 -degree Leg Press/Hack Combo w equipment will be utilized in the Police Departmen This expenditure is a permitted expenditure of sufficient funds in the account. The wellnes the Police Department, and this is a piece Forfeiture Funds — Chief Pecchia 00 of drug forfeiture funds to achine and plates. This exercise oom. rfeiture funds per state statute, and there are is used on a regular basis by several members of ent that is often requested. The wellness room includes equipme < . been donated to the Police Department, and supplemented with purchases from g fei funds. Councilmember Carlson m o o a g olution No. 02 — 50, as presented. Councilmember O'Donnell seconded the mot oon arried unanimously. Resolution No. 02 — 50 can be f., d in the City Clerk's office. Consider Ordinance No. 06- 02, Relating to Fireworks, Milo Bennett — Fire Chief Bennett referred to a copy of proposed Lino Lakes Ordinance No. 06 — 02. He stated that as of April 30, 2002, certain types of low-level fireworks including sparklers, glow worms, smoke devices, tubes, snakes and similar nonaerial and nonexplosive devices are no longer defined as fireworks, per Minnesota Statute Sect. 624.20. Even though their use is allowed, cities are still permitted to regulate these devices as a matter of public safety. In addition, use of these low-level consumer fireworks is not permitted on public property, and sales are prohibited to persons under 18 years of age. Because this involves a matter of public safety, and fireworks sales peak in the next few weeks leading up to the July 4th holiday, the Council may wish to consider this matter as an Emergency COUNCIL MINUTES MAY 28, 2002 Ordinance, which the City Charter permits, and which would become effective immediately upon passage. Lino Lakes Ordinance No. 06 — 02 provides for reasonable regulations concerning the Sale, Possession and Use of Consumer Fireworks. If approved, findings related to public safety and welfare, and an effective date would be appropriate. Councilmember Carlson asked if the permit fee is covered under the current fee schedule. City Clerk Blair stated the permit fee will need to be added to the language in the current fee schedule. Councilmember Carlson confirmed the permit fee will be $750.00. Mayor Bergeson asked if the same ordinance will be presented to Circle Pines and Centerville. Fire Chief Bennett advised the same ordinance will be presented to tgcities of Centerville and Circle Pines. Councilmember Reinert moved to adopt Ordinance No. 06 — as, ented. Councilmember Carlson seconded the motion. City Clerk Blair asked that the findings for the emerge dinance and the effective date be included in the motion. Councilmember Reinert amended the motion t safety, and fireworks sales peak in the next fi is considering this an Emergency Ordinan inherent risks of fire and injury to perso fireworks, the City Council has dete safety and welfare to immediately hat because this involves a matter of public eeks leading up to the July 4th holiday, the Council ill become effective immediately. Due to the operty associated with the sale, possession and use of it is necessary and in the interest of public health, able regulations concerning fireworks. Councilmember Carlson a . e . " ent. Councilmember Reinert voted " a. Councilmember Dahl voted yea. Mayor Bergeson voted yea. Councilmember Carlson voted y Councilmember O'Donnell voted yea. Motion carried unanimously. Mayor Bergeson asked if there is a separate action for the fee schedule. City Clerk Blair advised the addition to the fee schedule will require formal Council action and will be presented at the next Council meeting. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. 4 COUNCIL MINUTES MAY 28, 2002 COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consideration of Resolution No. 02 — 44, Approving Site and Building Plan Review, House Moving, 6644 20th Avenue, Michael Grochala — Community Development Director Grochala stated Pete and Norma Nadeau have applied for a Site Plan Review for the relocation of their existing home. The home, constructed in 1976, is currently located at 6644 -20th Avenue on a 9.27 acre parcel. The property is zoned Rural and guided for Low Density/Medium Density Residential under the 2001 proposed Comprehensive Plan. The Nadeaus have recently sold the land on which the house is sited, and wish to move the house across 20th Avenue to a 13.5 acre parcel they own, which is zoned Rural and guided Low Density, Sewered Residential. Community Development Director Grochala presented the staff analysis noting the Planning and Zoning Board reviewed the application at their May 8th meeting. After consideration of the issues, the Board recommended approval of the Site Plan Review, based o , •nditions. Community Development Director Grochala advised staff is als deco w.` ending approval of the proposed Site Review based on conditions outlined in the st Mayor Bergeson asked if the Building Inspector has loo Director Grochala stated the Building Inspector has 1 sound and meets all current City codes. a °'® wilding. Community Development t the building and the home is structurally Councilmember O'Donnell moved to adopt Ro. 02 — 44, as presented. Councilmember Carlson seconded the motion. Councilmember Carlson asked if them. ' n in uded the conditions of approval. Councilmember O'Donnell stated report. Motion carried unanimously. nclude the conditions that are outlined in the staff Resolution No. 02 — 44 can be fo d in the City Clerk's office. Consideration of Resolution No. 02 — 45, Approving Minor Subdivision and Variance Request, 901 Oak Lane, Michael Grochala — Community Development Director Grochala advised Mr. Jeff Joyer is the real estate agent for Mr. & Mrs. Thorp, who own property at 901 Oak Lane. The property, zoned Rural -Executive (R -X), consists of Lot 28 and Lot 29, Block 2, Lake View Woodlands, combined under one Property Identification Number (PIN). The Thorps would like to subdivide their property into two 100' x 423' lots, and sell the resulting lot to a prospective buyer, Mr. William Neeck. Soil tests have confirmed that the proposed lot could support a septic system, which would be necessary for this location. However, Section 5, subdiv. 2.B.1 of the Lino Lakes Zoning Ordinance requires a minimum lot size of 10 acres for property located in an R -X Zone, which would preclude such a subdivision. COUNCIL MINUTES MAY 28, 2002 Property is defined by its legal description. Every property has a Parcel Identification Number. The County will not allow property to be subdivided unless the City has approved the subdivision. The City uses the PIN and legal description to determine what the parcel is. Since the property in question has one PIN and the legal description included all the property, it is one parcel. Division of any parcel must comply with City requirements, including lot size. Mr. Joyer and the Thorps are questioning when and how the two lots became combined under one PIN. It is their contention that the two lots were purchased separately and should never have been combined under one PIN. Were this the case, Lot 28 would exist as a legal non -conformity and could be sold to Mr. Neeck. What is known, is that in 1983 Anoka County records show that Lots 28, 29, & 30 were owned by the Thorps under on PIN (09-31-22-24-0030). IN 1998 the Thorps sold Lot 30, leaving the resulting Lots 28 & 29 combined as they are at this time. In reviewing such a saction, the separate sale of Lot 30 in 1998 clearly should not have taken place or been allowed accor ;. to City Ordinance, for the same reasons that preclude the sale of Lot 28 at this time. Howe , . g ¢ dministrative oversight seems to have taken place, as records show that the Lino L Ci erk (at that time) certified the subdivision of the parcel to break off Lot 30 without City C cilpproval. Community Development Director Grochala reviewe and staff comments relating to the Findings of Fact Variance and Minor Subdivision as a result of th The Planning and Zoning Board reviewed th consideration of the issues, the Board vot Subdivision. It was noted that two reso application should be approved. aff analysis noting the Findings of Fact aff is , commending denial of the proposed s of Fact. ve report at the May 8, 2002 meeting. After end approval of the Variance and Minor ve been prepared in case the Council determines the Councilmember Carlson ex•ressed c 'ei regarding locations for an alternative septic system. She stated the alternate site is in �� of, ' building. She asked if there has been an assessment of where the septic system woul® have' : be p aced on both lots. Community Development Direclr Grochala stated both lots would accommodate an alternative septic location. He advised he is not sure if the septic system would be a mound system. Councilmember Dahl asked if the action for the minor subdivision would occur first. Community Development Director Grochala stated the technically the action for the variance should occur prior to the minor subdivision. Councilmember Dahl asked if the minor subdivision is subject to park dedication fees. Community Development Director Grochala stated park dedication fees do apply in this case. The residential fee for minor subdivisions is $1,665.00. Mayor Bergeson referred to exhibit 3 in the staff report and asked if that is a drawing from the original development. Community Development Director Grochala stated the map is an undated map COUNCIL MINUTES MAY 28, 2002 • from the County. The map was developed prior to 1998. Exhibit 4 is a current map showing that the lot was previous divided (Lot 30). Mayor Bergeson stated it appears that the original design of the area was 100' lots. At some point the lots were combined and there is no evidence that the property owners came to the City and requested they be combined. He stated he does not know how they got combined. He stated the current action may be a correction of the past mistake. Community Development Director Grochala noted the City does not require approval to combine lots. Combining lots occurs at the County level. He stated he believes there is room for Council discretion regarding this item. Staff's opinion is based on the City ordinance. If approved, the lot is not inconsistent with the other lots in the area. Mayor Bergeson stated he does not see any evidence from the • , ty either regarding the property owner requesting the lots be combined. Councilmember O'Donnell moved to adopt Resolution No. s presented. Councilmember Carlson seconded the motion. Councilmember Dahl stated she did not see a referen park dedication in this agenda item. She asked the maker of the motion to amend the m • • to i lude the park dedication fees. Councilmember O'Donnell asked if the park d those fees are a part of the subdivision proces the park dedication fees are a part of the s for clarification. ee should be included in the motion or if ommunity Development Director Grochala stated process but the fee could be added to the motion Councilmember O'Donnell amend= • • tion ; b include the subdivision will include the appropriate park dedication fees. Councilmember Carlson agre �' amendment of the motion. Councilmember Carlson asked i . condition regarding the restriction of a mound system on either property should also be added to the motion. Mr. Joyer, Real Estate Agent for Mr. and Mrs. Thorp, stated he has the soil tests and they indicate a mound system will not be required on either property. Councilmember Carlson confirmed that the alternate site for a system could be adjacent to the current system if the current system should fail. Mr. Joyer referred to the site plan and stated there is adequate room for a septic system on the alternate site. COUNCIL MINUTES MAY 28, 2002 Councilmember Carlson confirmed that the plan is acceptable to the City Engineer. She stated she will approve the request because the property was platted as one -acre lots and is consistent with the other lots in the area. She is also in favor of the request because by setting up a larger property in this area it might be considered spot zoning and a larger lot is inconsistent with the character of the neighborhood. She added that she dismisses the argument regarding why the lots were combined in the first place. She stated the City did not receive enough information from the County to make a determination as to why the lots were combined. Mr. Joyer stated the Planning and Zoning Board unanimously approved the minor subdivision request. The park dedication fee was not discussed by the Planning and Zoning Board. He stated Mr. and Mrs. Thorp feel the lots were previously separate lots and they should not be subjected to the park dedication fee. Councilmember Carlson stated she believes that the City is aw separate lots at one time. But because the County did not have e determine why the lots were combined. f the fact that the lots were two information the City can not Mr. Joyer stated the City has to reach its own conclusion on. by t e lots were combined. There is no evidence of a written request from the property owners. Councilmember Dahl referred to the park dedicatioe .-es an stated no one seems to know if the County or the property owners requested the lot cmbiion. She stated she believes the park dedication has to be paid. She stated she does nit li.; . b°= the City is setting a precedent if the request is approved. She added she believes the req does comply with the character of the neighborhood. City Attorney Hawkins stated that the C has the legal authority to require the park dedication fee. Mayor Bergeson stated that it is possm e City did not have a park dedication fee set up when the original lots were set up. H m « t ssible if the City is collecting the park dedication fee for the second time. City Attorney Hawkins stated th. a are no records that a park dedication fee was previously collected. The current statute was adopted twenty years after the original lots were set up. He indicated he does not believe a park dedication fee was previously paid for the lots in question. Motion carried unanimously. Resolution No. 02 — 45 can be found in the City Clerk's office. Consideration of Resolution No. 02 — 46, Approving Variance from the Maximum Allowed Accessory Building Square Footage, Michael Grochala — Community Development Director Grochala advised the existence of this lot as a separate piece of property depends on City Council approval of the Variance and Minor Subdivision addressed in the previous agenda item (Thorp). Should this approval occur, then consideration of this request for a Variance is in order. • COUNCIL MINUTES MAY 28, 2002 The subject site is zoned Rural Executive (R -X) and measures 100' X 423" (42,300 sq. ft.). The property is surrounded to the north, east and west by similarly zoned property, and to the south byproperty zoned Rural. The property contains a 1200 foot detached garage. Mr. William Neeck is the prospective buyer of the property and plans to construct a 1,125 square foot home with a 630 square foot attached garage. Community Development Director Grochala reviewed the staff analysis and stated that as a result of the Findings of Fact, staff recommends approval of the Variance, based on conditions. Community Development Grochala added that the request was presented at the May 8, 2002, meeting of the Planning and Zoning Board. After consideration of the issues, the Board Members voted unanimously to recommend approval of the variance. Councilmember Carlson moved to adopt Resolution No. 02 — 4 ` . s pr=ented. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02 — 46 can be found in the City Clerk's Consideration of Resolution No. 02 — 47, Author' ' e Preparation of Plans and Specifications for Well No. 4 Booster Pump Installation, Jim to s ki — City Engineer Studenski advised in 1996, Well Pumphouse No. 4 was installed an e elevated tank was constructed. A 16" water main trunk connects these infrastructur • the Clearwater Creek subdivision and the rest of the City water system. Over the past year s. v °ce area continues to be connected to and water use continues to increase. The water pr e es throughout the City with the Clearwater Creek area having the lowest average press earwater Creek area is at some of the highest City ground elevations and average use $tin es to crease with the new homes that are constructed. City staff has reviewed the -ter es and recommends improving the water system to achieve the typical water pres s t are experienced in the rest of the City. This will be done using a booster pumping statio . t Well Pumphouse No. 4. This improvement can be easily implemented in this isolated are Councilmember Carlson inquired about the amount of water the City will be able to pump after the pump is installed. City Engineer Studenski stated the issue is water pressure. The pump will increase the amount of pressure, which is now at a minimum. Councilmember Carlson stated she is concerned about the water the City needs. The City will be supplying water to the City of Hugo and therefore have more water usage. City Engineer Studenski stated the pump will be able to expand the water usage and be able to handle more usage in the area. COUNCIL MINUTES MAY 28, 2002 Councilmember Carlson asked if the City will also be able to handle the water demand for the commercial development on the interstate. City Engineer Studenski stated the pump is a localized improvement and will only serve residential homes in the area. Community Development Director Grochala stated there is already plenty of water volume in that area. More pressure is needed in those particular water lines. Councilmember Reinert stated the pumphouse was constructed in 1997 and the City knew how many homes there were going to be in that area. He stated that he believes this is an oversight and now the City has to correct the problem. City Engineer Studenski stated the City has provided adequate pressure in the lines. The City is however, seeing more demand for water in this are during the summer months. The City has received complaints about the water pressure in this area. The demand°. ater on this particular system is siz times the winter usage, which is not typical. Councilmember Reinert stated he does believe the booster p that the City did not see the eventual need for water in that item that the City will need to fund. The City should ha Mayor Bergeson asked if the additional equipment Engineer Studenski stated the equipment will be additional man hole cover. be installed but it seems odd e booster pump is a non -budgeted ahead for this. be c tained in the existing building. City d in the existing house. There will be an Councilmember Dahl moved to adopt Re • n fir.. 02 — 47, as presented. Councilmember Reinert seconded the motion. Councilmember Carlson stated the • s h . new staff that has had to address some old issues. She commended staff on their ability s .1 with the old issues and thanked them for their efforts. Motion carried unanimously. Resolution No. 02 — 47 can be f d in the City Clerk's office. Consideration of Resolution No. 02 — 48, Receive Bids and Award Construction Contract, 2002 Sealcoat Program, Jim Studenski — City Engineer Studenski stated sealed bids were received and publicly opened at 10:00 a.m. on May 21, 2002. The results of the bid opening are listed in the staff report. City Council action is required to award a construction contract to the lowest responsible bidder. The low bid from Allied Blacktop in the amount of $86,277.30 is approximately 22% before the Engineer's Estimate for this project. Roadways in the project include both new streets that were paved about 2 or 3 years ago, and other city streets on a 5 to 7 year cycle. Based on the unit prices of the low bidder, the funding allocation is as follows: 10 COUNCIL MINUTES MAY 28, 2002 Funding Source Amount Sealcoat and Wearing Course Fund (new streets) $41,262.20 Street Department -Contracted Services (5-7 year cycle) $45,015.10 Total $86,277.30 City Engineer Studenski advised the completion date for placement of asphalt and rock chips is June 30, 2002; the completion date for sweepings is August 1, 2002. Mayor Bergeson asked if staff is concerned about how low the bid is compared to the City Engineer's estimate. City Engineer Studenski stated staff did discuss that issue with Allied Blacktop. Allied Blacktop is very confident they can do the work for the bid prism d the City has worked with them before. Staff has no issue with the amount of the bid. Councilmember O'Donnell moved to adopt Resolution No. presented. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02 48 can be found in the City Cler Consideration of Resolution No. 02 - 49, Recei Wearing Course Program, Jim Studenski — received and publicly opened at 10:00 a.m. o noting City Council action is required to bidder. and Award Construction Contract, 2002 eer Studenski advised sealed bids were y 21, 2002. He referred to a list of the bid results struction contract to the lowest responsible The low bid from Hardrives, Inc. i uri+8 $223,423.10 is approximately 8% below the Engineer's Estimate for this project. - ding for this work is provided by assessments to the respective subdivisions incl' e .ct. Councilmember Dahl moved t.. dopt Resolution No. 02 — 49, as presented. Councilmember Carlson seconded the motion. Motion c• 9 'ed unanimously. Resolution No. 02 — 49 can be found in the City Clerk's office. UNFINISHED BUSINESS - None NEW BUSINESS - None COUNCIL MINUTES COMMUNITY CALENDAR MAY 29, 2002 THROUGH JUNE 10, 2002: Environmental Board Meeting, Wednesday, May 29, 2002, 6:30 p.m. Council Work Session, Wednesday, June 5, 2002, 5:30 p.m. EDAC Meeting, Thursday, June 6, 2002, 7:00 a.m. City Council Meeting, Monday, June 10, 2002, 6:30 p.m. ADJOURN There being no further business, Councilmember Dahl moved to adjourn at 7:45 p.m. Councilmember Carlson seconded the motion. Motion carried<$ imously. MAY:28, 2002 These minutes were considered and approved at the regular Co it ting, June 10, 2002. Ann Blair, Ci 4 Clerk + �geson, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 12