Loading...
HomeMy WebLinkAbout06/10/2002 Council MinutesDATE TIME STARTED TIME ENDED • MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : June 10, 2002 . 6:02 P.M. . 8:30 P.M. : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson : None The Special Hearing on Liquor License Violation was called to order at 6:02 p.m. Staff members present: City Clerk, Ann Blair; City Administr.' Linda Waite Smith and City Attorney, Bill Hawkins. Hearing to Consider Action Relating to Liquor Complia Rausch, Sergeant Rausch advised the purpose of this heari May 4, 2001 violation of Ordinance 701 by selling alcoholic City Council determines the establishment violated t recommended: 1. Two-day liquor license suspension. 2. The City posts notice of closing. 3. $1,500 financial penalty, $1,000 r .b'f in one year, no same or similar offense occurs. 4. Require all employees who sery " uor '• attend server training. 5. Mandatory liquor code handb . vailable to all employees at all times. Sergeant Rausch recommended, beca - es Liquor has had no compliance issues in the last year since the date of the violatio financial penalty be waived. s, Lakes Liquor — Sergeant o consider action regarding the ages to an underage person. If the akes Ordinance, then the following is Mayor Bergeson asked if a spe ` » c date for the two-day liquor license suspension should be determined. Sergeant Rausch re ° onded affirmatively but indicated specific dates have not yet been determined. Councilmember Carlson noted in the past the City Clerk has selected the date(s) for the liquor license suspension and informed the City Council of the date(s). Mayor Bergeson invited the owner of Lakes Liquor to address the City Council. Steve Arhip, owner of Lakes Liquor, stated he holds a full-time job and is not on site at the liquor store most days. However, he has had a reliable manager for the past three years and he and his manager always attempt to abide by the law. He stated the employees of his establishment are brought into the store to under go compliance checks. He acknowledged, even though he keeps telling his employees the importance of carding, it is not possible to control the actions of all employees at all times. COUNCIL MINUTES JUNE 10, 2002 Mr. Arhip indicated his manager was present this evening to further address this issue. Ms. Mary Claire Olson, Manager of Lakes Liquor, noted the establishment has been in compliance for the past year since the date of the violation. She stated when new employees are hired she has a representative of the Police Department make a presentation on compliance issues. She stated all the current employees have passed their compliancy checks and noted she offers the employees a $50 bonus for doing so. She stated it would never be the intent of Lakes Liquor to sell alcohol to minors. Mayor Bergeson questioned whether the recommendation was consistent with other action taken against compliance violators in the past. Sergeant Rausch stated, per Police Chief Dave Pecchia, this was the case. Councilmember Carlson questioned why it took over one year since the time of the actual violation to hold this hearing. Sergeant Rausch explained it was necessary ait until certain records were expunged in civil court. He indicated in the future the intent was <1 +ld these types of hearings every three months as necessary. Mayor Bergeson noted the recommendation of Sergeant Ra whether they had a different recommendation regarding t made. questioned Councilmembers No other recommendations were Mayor Bergeson moved to impose the following ® - against Lakes Liquor for the May 4, 2001 violation of Lino Lakes Ordinance 701: 1. Two-day liquor license suspensio 2. The City posts notice of closing. 3. $1,500 financial penalty, wit 1 i - ng refundable due to no same or similar offenses having occurred in the past a ate of the violation, for a total financial penalty of $500. 4. Require all employe m� ��erv;®or to attend server training. 5. Mandatory liquor cod s • ok t be available to all employees at all times. Councilmember Carlson second the motion. Motion carried unanimously. Mayor Bergeson requested when City staff would recommend the dates for the two-day liquor license suspension. City Clerk Blair stated she would have the recommended dates available at the next City Council Work Session. City Administrator Waite Smith noted in the past City staff has selected the dates for the suspension, discussed the dates with the owner of the establishment, then notified City Council of the selected dates. • COUNCIL MINUTES ;" JUNE 10, 2002 Mayor Bergeson suggested this same practice be followed in this case. All Councilmembers concurred. Mayor Bergeson expressed appreciation to Mr. Arhip for his efforts to remain in compliance an hoped that he would continue to do so. Councilmember O'Donnell moved to close the hearing at 6:13 p.m. Councilmember Dahl seconded the motion. Motion carried unanimously. The regular meeting of the City Council was called to order at 6:33 p.m. Staff members present: City Clerk, Ann Blair; City Administr Development Director, Michael Grochala; City Planner, Jeff Sm and City Attorney, Bill Hawkins. SETTING THE AGENDA Mayor Bergeson noted an addition to the agenda, ite for Special Project. Linda Waite Smith; Community Engineer, Jim Studenski; uthorize Waiver of Building Permit Fees Councilmember Carlson requested the addition r Council Joint meeting with the City of Centerville on June 17, 2002 at 6:30 p.m. at t ;vLino Lakes City Hall to the Community Calendar. The agenda was approved as amended. CONSENT AGENDA Councilmember Dahl move motion. Motion carried unanimously. ITEM A. CONSIDERATION OF EXPENDITURES: Consent Agenda. Councilmember Carlson seconded the ACTION i) June 10, 2002 (Check No. 65183 — 65289, $112,223.02) Centennial Fire District (Check No. 13236 — 13256, $37,264.92) Approved Approved COUNCIL MINUTES JUNE r0, 2002 OPEN MIKE Dave Nathe, owner of the 49 Club at 6007 Hodgson Road, requested consideration of allowing his establishment to open at 10:00 a.m. on Sunday's versus noon. Mayor Bergeson stated this issue was governed by the liquor license and suggested it be considered during a City Council Work Session. He asked that City staff schedule this discussion and notify Mr. Nathe. City Administrator Waite Smith noted she had discussed this issue with Mr. Nathe several weeks ago and had asked that he provide his request in writing in order to add a discussion to a Work Session agenda. She indicated a written request has not been received and offered to add the issue to the Wednesday, June 19, 2002 Work Session agenda. Jodi Budde, 6491 24th Avenue, stated she lives on the 40 acres t the Clearwater Creek development. She stated she does not o within the Comprehensive Plan for MUSA allocation, but d be developed as phase five of res under consideration house itself. Ms. Budde noted last week Community Development D +- t • " • chala and City Planner Smyser met with the Metropolitan Council regarding the Compre 'v b Plan and what options may be available to expedite the development of the 40 acres. It wa une tanding that the City of Lino Lakes has requested a 60 day extension to the 120 day revie imit on the Comprehensive Plan. Councilmember Carlson explained it was the tropolitan Council that has requested and has been granted a 60 -day extension to the review t Ms. Budde questioned what the earli finalized. She noted she is currentl approved. that the Comprehensive Plan could be approved and o waiting for the Comprehensive Plan to be City Administrator Waite Sm for an extension was that the C July. ted e City's response to the Metropolitan Council's request Council expects the issue to be back to the City for consideration in Ms. Budde questioned whether this response had been in relation to an option previously discussed to write an amendment to the Comprehensive Plan prior to its finalization so that the development is not further delayed by the Plan's review process. City Administrator Waite Smith stated this would be a separate issue for the City Council to discuss. Ms. Budde questioned the intent of the City Council regarding the Clearwater Creek Phase V development since that development is not included in the moratorium. Mayor Bergeson stated the intent of the City Council was to pass the Comprehensive Plan as quickly as possible. However, he noted the Council cannot do this until a response is received from the Metropolitan Council. He indicated if the response is anything other than full approval, then the City 4 COUNCIL MINUTES JUNE 10, 2002 will in turn be required to respond back to the Metropolitan Council on any questions they may have. He reiterated that the Council intends to respond as quickly as possible, but he was not certain exactly how long this entire process will take. Ms. Budde asked for the record how long the Comprehensive Plan has been under revision. Mayor Bergeson indicated the City began work on the Comprehensive Plan in 1998. Mayor Bergeson requested that City Planner Smyser respond to Ms. Budde's concerns. City Planner Smyser stated during last week's City Council Work Session, Community Development Director Grochala brought up the possibility of a special Comprehensive Plan amendment to accommodate the Clearwater Creek Phase V development. He indicated the City Council directed City staff to proceed with the Comprehensive Plan approval process and to not consider an amendment at this time. Ms. Budde stated this issue has a large impact on her family and harm there would be in allowing the requested amendment s under a moratorium. She felt, given the history of the Com time the approval process is taking, the development ma currently living in the middle of a mud pit with only that the Metropolitan Council had assured her they expedite the development to ensure it takes place make at this point to approve such an amendm Mayor Bergeson stated it had been the co should wait to see what response it rece received, then the Comprehensive PI of promptly. If there is a delay in f then have a discussion on what tha Comprehensive Plan. loper. She questioned what ase of the development is not ve Plan update and the length of en this year. She noted she is ary access to her home. She indicated action on an amendment in order to She questioned what difference it would e City Council and City staff that the City e Comprehensive Plan and, if a positive response is proved and the MUSA allocations can be taken care omprehensive Plan, he felt the City Council should d should perhaps consider amendments to the Ms. Budde noted once the Me ` 'fa • olitan Council sends back its response on the Comprehensive Plan, the City has a 60 -day statutory ti e limit to follow up with a response. Therefore, the absolute soonest the Comprehensive Plan could be in place would be the end of August and, if this was the case, she did not believe the development could proceed this year. She stated she understood the concerns the Metropolitan Council has with the Comprehensive Plan and none of those concerns were related to the Clearwater Creek Phase V development. Councilmember Carlson noted the City was also undergoing the revision of all of its ordinances that affect development within the City. She stated the intent of the City was to have the new Comprehensive Plan in place by December 31, 2002, at which time new Met Council standards would be in effect. She noted if the plan is not finalized by December 31, then the City will be required to set new projections. COUNCIL MINUTES JUNE 10, 2002 Ms. Budde reiterated that the Metropolitan Council has assured her that if an amendment was written to advance the Clearwater Creek Phase V development, they would take action on the amendment. She noted the preliminary plat for the development has already been approved. Therefore, she felt there was no point in waiting and questioned again what harm there would be in allowing an amendment so the development can move forward. Councilmember Carlson noted there was also an issue of the developer having not performed proper grading for houses that were built in an earlier phase of the Clearwater Creek project. She stated the City Council has been contacted by a number of citizens in that development since early December 2001 regarding this concern. Additionally, the affected citizens have attended a City Council Work Session. Ms. Budde indicated a representative of the developer was in attendance this evening and was not aware of this issue. She questioned the relevancy of the gradin ue to the issue of allowing the Clearwater Creek Phase V development to proceed, other than p as a form of punishment to the developer. Mayor Bergeson stated the City has taken the position that t w s ld prefer not to entertain any amendments to the Comprehensive Plan at this point, base o ~ hope that the City will receive a speedy turn -around on the Plan from the Metropolit • �. il. However, if this is not the case, the City may wish to consider amendments. He sugge if Budde wished to continue a discussion on this matter, it be added to the next City Counc Woi Session agenda. Ms. Budde questioned why the decision on w before the citizens for a discussion prior t decisions are the prerogative of the City er or not to consider amendments was not put at decision. Mayor Bergeson stated such City Administrator Waite Smith st sta equires advance notice in order to add an item to the City Council Work Session agen Roger Kolstad requested the a ie oft 'e concerns regarding the previous development phases of Clearwater Creek. He felt it m y be wrong for the City to be blaming the developer for these issues. Councilmember Carlson stated the concerns were related to the grading plan. Mr. Kolstad asked if this was part of the reason the City was not considering an amendment to the Comprehensive Plan. Councilmember Carlson stated this was not the case. Rather, she indicated the issue had simply been brought up during the recent Work Session and she was very surprised that the problem has not yet been taken care of. Mr. Kolstad questioned whether the grading concerns were big issues. Councilmember Carlson stated she was not prepared at this time to discuss the specifics of the grading issues but it was her understanding that the homeowners have expressed concerns about their backyards being flooded. COUNCIL MINUTES JUNE 10, 2002 City Engineer Studenski indicated Community Development Director Grochala has been in contact with Mr. Quigley and has had numerous meetings and site reviews. He acknowledged that no corrections have been made to date. Mayor Bergeson expressed concern that two separate issues were being discussed at this point. He felt the enforcement issues related to the previous development were separate from the policy decision made by the City Council to not pursue individual Comprehensive Plan amendments at this time in hopes that the Plan will be finalized soon. Ms. Budde stated she would like to hear the logic behind this policy decision since she felt there would be no harm in allowing an amendment in order to gain time to begin the Clearwater Creek Phase V development this year. Mayor Bergeson stated the City Council would be happy to dis % this issue further at their next Work Session. Ms. Budde asked if she would be notified of the date and ti Administrator Waite Smith indicated the City will have to b this item on the Work Session agenda. Ms. Budde noted the Comprehensive Plan is the ov questioned how often it is updated. Mayor Berge place for 20 years prior to updating. Ms. Budde felt she has not yet been given, amendment at this time. City Administr discuss this issue further. She indica concerns and has been invited to at Ms. Budde was concerned ork Session. City d if Ms. Budde wishes to include or the entire City of Lino Lakes and d the Comprehensive Plan is generally in as to what harm would be done by allowing the to Smith stated this was not the appropriate time to utdde had been provided an opportunity to express her ouncil Work Session. uestion has not been answered this evening. Councilmember Reinert stated e City was attempting to complete its update of the Comprehensive Plan. He indicated the delay in tie approval of the Plan was not the fault of the City. Additionally, he indicated if the City allowed one amendment to the Plan, then a precedent would be set and there would likely be a rush of other requests for amendments prior to the finalization of the Comprehensive Plan. He stated at this time the Council would prefer to not address any amendments, however, if the approval of the Plan is further delayed, then the Council will consider requests for amendments. No one else was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK Five -Year Financial Plan, 2002 through 2006, Public Hearing - Linda Waite Smith, City Administrator Waite Smith advised the City Council has scheduled a special Work Session to COUNCIL MINUTES JUNE 10, 2002 examine the proposed Five -Year Financial Plan in more detail. As a result, City staff was not prepared to continue the public hearing this evening. City Administrator Waite Smith advised City staff recommends continuing the public hearing on the Five -Year Financial Plan to the Monday, July 8, 2002 regular City Council meeting. Councilmember Reinert moved to continue the public hearing on the Five -Year Financial Plan for 2002 through 2006 to the Monday, July 8, 2002 regular City Council meeting. Councilmember Dahl seconded the motion. Motion carried unanimously. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consideration of Resolution No. 02-52, Amending 2002 Fee S , le — Ann Blair, City Clerk Blair advised, with the passage of Lino Lakes Ordinance No. 06-1:12 d g the May 28, 2002 City Council meeting, relating to the Sale, Use and Possession of '+ the City Council has considered appropriate fees to be charged and reached a co ensu as to the amount. The proposed new fees have been inserted into the 2002 Fee Schedule de e Regulations." The new fees are underlined. City Clerk Blair advised staff has requested one o two, under "Building -Construction Utilities", t to reflect a change that had not been identifie Metropolitan Council determines this fee. or change to the Fee Schedule. On page arge is proposed to be amended to $1,200.00 en the Schedule was adopted in January. The age is also underlined. City Clerk Blair advised staff reco s : + tion of Resolution No. 02-52, Amending the 2002 Fee Schedule. Councilmember Carlson qu + + w e®q, he portion of the Fee Schedule regarding fireworks should be entitled "Fireworks ' ons , versus "Fire Regulations." City Clerk Blair indicated the new ordinance regulating firew ® ks was added to the City Code under the general heading of Fire Regulations since there was no s ecific section addressing fireworks in the past. However, she offered to amend the Fee Schedule as suggested. Councilmember Carlson indicated the reason she mentioned this concern was because she felt this category was related to burning permits. Councilmember O'Donnell moved to adopt Resolution No. 02-52, Amending the 2002 Fee Schedule. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 02-52 can be found in the City Clerk's office. 8 COUNCIL MINUTES JUNE 10, 2002 Consideration of 2002 Liquor Compliance Check and Violations Mayor Bergeson noted action had been taken regarding this matter during the special hearing held previous to this evening's regular City Council meeting, at which time the Council imposed a penalty for a liquor violation. Consideration of Annual Liquor License Renewals — Sergeant Rausch, Sergeant Rausch advised eight of the City's liquor establishments have applied for annual renewal of the their liquor licenses. He indicated all applicants have submitted an application for renewal, along with the required documentation. Staff has completed the necessary steps to verify that all the establishments have addressed the requirements for their renewals, including maintaining proper insurance coverage, being current on required taxes and payments, and completion of background checks. Sergeant Rausch advised City staff recommends approval of thght annual liquor license renewals, subject to the completion of the necessary paperwork and the pa„ of all fees. With regard to Lakes Liquor, Sergeant Rausch indicated sta A> ompleted the necessary steps to verify that they have addressed the application requireme tsfortheir license renewal. He recommended that the liquor license renewal for Lakes L �uo y ubject to the City Council's disciplinary action regarding liquor violation and to t w ; letion of the necessary paperwork and the payment of all fees. Mayor Bergeson requested confirmation that thendation of City staff for Lakes Liquor was that the financial penalty imposed earlier this ning be paid prior to the issuance of the liquor license renewal. City Clerk Blair stated t as`rect. Mayor Bergeson suggested because t ec � endation for the Lakes Liquor liquor license renewal was slightly different than the reco en io ` °;ffi the other renewals, separate motions be made for the two matters. Mayor Bergeson asked what ve s ate is for the liquor license renewals. City Clerk Blair stated the renewals would be e 'active July 1, 2002. Councilmember O'Donnell moved to approve the 2002 liquor license renewal for Lakes Liquor, subject to the City Council's disciplinary action regarding liquor violation and to the completion of the necessary paperwork and the payment of all fees. Councilmember Carlson seconded the motion. Motion carried unanimously. Sergeant Rausch listed the remaining establishments under consideration for annual liquor license renewals, as requested by Mayor Bergeson Councilmember Reinert moved to approve the annual liquor license renewals for the establishments listed by Sergeant Rausch, subject to the completion of the necessary paperwork and the payment of all fees. Councilmember Dahl seconded the motion. COUNCIL MINUTES JUNE 10, 2002 Motion carried unanimously. Authorize Waiver of Building Permit Fees for Special Project — Linda Waite Smith. Mayor Bergeson stated the Lino Lakes Lions Club has undertaken a project to assist a local resident whose home needs significant alterations to make it accessible to a family member with a severe disability. The Lions Club has asked the City to support the project by waiving the City portion of fees normally charged for the required building permits. Mayor Bergeson requested City Attorney Hawkins' opinion on this request. It was City Attorney Hawkins' opinion that whenever the City establishes fees for building permits are based on accepted standards to the City. It was his opinion without any specific ision. He acknowledged ity does not have any provisions e advised against approving this and other services, it has a legal obligation to ensure that those and are applied uniformly among the individuals who make appl that the City Council, in making a decision to waive building pe standards or criteria in an ordinance, would be making an i sympathy for the plight of the individual in this case, howe in its code to authorize such a waiver of the building pe request. Mayor Bergeson stated he had agreed to bring thi for there to be a definitive response on record. Council that he has ever gone against the adv point to make a motion doing just that. rward to the Council this evening in order t believe since his time serving on the f the City Attorney. However, he wished at this Mayor Bergeson moved to authorize a�. t'� ve the City portion of required building permits for Lino Lakes Lion Club's special pro gun ` ember O'Donnell seconded the motion. Councilmember Dahl quest motion passed. It was City A others with similar plights wi building permit fees as well. felt that any person without a disability could also request their building permit be waived. Councilmember Dahl felt this was the reason the City has a variance program and noted the City Council has always weighed each variance request separately. ey Hawkins on what the ramifications would be if this eyawkins' opinion that the possible ramifications would be the City would have the right to request the City to waive their A tionally, because there was not basis to waive the permit fees, he Councilmember Carlson questioned whether an emergency ordinance could be passed to change the code to allow the waiving of permit fees in certain cases so all people are treated equally. City Attorney Hawkins expressed concern that there was no criteria for granting this request. He noted variance applications have specific provisions and standards that are followed. He felt in this case the City would simply be arbitrarily waiving a building permit fee for an individual who made a request. He acknowledged this was an emotional situation and suggested if the City Council wished 10 COUNCIL MINUTES JUNE 10 2002 to waive the building permit fee as requested, they establish some sort of criteria in the building code that authorizes such action. Councilmember Dahl asked if an emergency ordinance as suggested by Councilmember Carlson would be appropriate. City Attorney Hawkins believed an emergency ordinance would simply be a procedural method of expediting the process and he was not certain this was an emergency situation. He indicated whether the Council passed an emergency ordinance or a regular ordinance, there would still have to be a variance procedure spelled out. City Administrator Waite Smith noted these types of fees are a significant part of the City's revenues. She noted when the City Council disregarded that situation previously and believed it would not set a precedent because the circumstances would not occur again, th ty was deluged with similar requests. She wished to point out that allowing fees to be waive a serious impact on the City's budget. City Attorney Hawkins felt if the City Council wished top e = s request, they must determine under what circumstances they would be willing to allo _ e «' ng of building permit fees. He felt this will be a complex issue in determining criteria. Councilmember Carlson noted in setting its fees charging. She expressed concern that if the Ci the City may question whether they would th Councilmember Reinert questioned wheal request this evening. Mayor Bergeso with the project. He questioned w building permit, then refund the fee must have a basis to justify the amounts it is ne person to not pay their fees, others within paying for those waived fees. ould be necessary for the City Council to act on this that the individual involved would like to move ahead fion would be different to collect the fee, issue the the ions Club. It was City Attorney Hawkin • • ni • tha this would have the same affect as waiving the building permit fee upfront. Mayor Bergeson felt because the effects would be the same, there would be no urgency to take action on this request since the City Council could discuss the potential for a refund at a later date. Councilmember Reinert questioned City staff on how long they anticipated it would take to draft an amendment to the City code with specific criteria to allow the waiving of building permit fees. Community Development Director Grochala stated there would be a first and second reading of such a proposed ordinance, at which point the ordinance would be required to be published. Therefore, he anticipated a time frame of approximately two months for such an ordinance to take affect. He indicated the emergency ordinance procedure eliminates the readings and the publication requirements, however, he questioned whether this request qualifies as an emergency. 11 COUNCIL MINUTES JUNE 10, 2002 Community Development Director Grochala was not certain where City staff would begin coming up with criteria for an amendment and he would likely defer this issue to the City Attorney. Councilmember O'Donnell noted the project is a community project being funded by the Lions Club, not the homeowner. He felt there may be a way to differentiate such projects being funded by community charitable organizations. Councilmember Carlson concurred. She felt in order to limit the number of similar requests in the future, this would appear to be a clear delineation. She requested the City Attorney's opinion on this matter. City Attorney Hawkins questioned, although the City could make such a distinction, would that be a legitimate delineation. He noted criteria for waiving items such as fees is generally based on income levels. Mayor Bergeson asked, if there was a desire on the part of the Ci such a motion take precedence over the motion currently on the this would be the case providing the motion to table the ite uncil to table this matter, would ty Attorney Hawkins stated Councilmember Reinert stated he would like to explore . ice'` s this issue further. Councilmember Reinert moved to table considerati waive building permit fees for a special project to Councilmember Dahl seconded the motion. Motion carried (4-1 Mayor Bergeson opp quest by the Lino Lakes Lions Club to t City Council Work Session agenda. PUBLIC SAFETY DEPARTMEN Ir+ , DAVE PECCHIA Consideration of Resolution No. ccepting $500 Donation from VFW for Motorcycle Equipment — Sergeant Ra a • e . s `-. usch advised the Circle -Lex Ladies Auxiliary VFW, Post #6583, has donated $50 1 ` ' , o • Lino Lakes Police Department to be used to purchase needed emergency equipment for the 1 artment's motorcycle. The purpose of Resolution No. 02-51 is to publicly thank the Circle -Lex La es Auxiliary VFW, Post #6583 for their generous donation. Sergeant Rausch advised staff recommends adoption of Resolution No. 02-51, Accepting Donation of $500.00 from Circle -Lex Ladies Auxiliary VFW, Post #6583 to Purchase Emergency Equipment for the Department Motorcycle. Councilmember Carlson noted the resolution lists the items to be purchased with this donation, including ear pieces to be installed inside a helmet to allow for hands free radio communication and a public address system. • Councilmember Carlson moved to adopt Resolution No. 02-51, Accepting Donation of $500.00 from Circle -Lex Ladies Auxiliary VFW, Post #6583 to Purchase Emergency Equipment for the Department Motorcycle. Councilmember Dahl seconded the motion. • 12 • COUNCIL MINUTES JUNE 10, 2002 Motion carried unanimously. Resolution No. 02-51 can be found in the City Clerk's office. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA Consideration of Resolutions No. 02-57, Minor Subdivision, and No. 02-58, Site and Building Plan Review, Site Performance Agreement, Raske Building Systems, Inc., Jeff Smyser — City Planner Smyser advised Raske Building Systems, Inc. has requ d site and building plan approval to allow the construction of a 25,568 square -foot office/warehouse • on the property located south of Apollo Drive and east of Jon Avenue. City Planner Smyser indicated the building would be occuillyard, Inc., a manufacturer of cleaning supplies. The building will serve as a distributio , not a manufacturing center. City Planner Smyser indicated, in conjunction with applicants have also requested approval of a min parcel of land (presently described as Parcel E, The proposed office/warehouse building wo City Planner Smyser presented the staff Plan guides the subject property for i classification is consistent with thi office/warehouse building have been for properties in the L -I, Li requ t for site and building plan approval, the ision to allow the subdivision of a 6.6 acre siness Park) into 4.5 and 2.1 acre parcels. ccupy the 2.1 acre parcel. for this request. He stated the City's Comprehensive e. The site's present L -I, Light Industrial, zoning ation. The proposed lots (Parcels F and G) and to meet all of the lot and building performance standards trict. The applicant is proposing to c iiistruct a 25,568 square -foot office/warehouse building on the eastern half of proposed Parcel F. Such »wilding placement will allow for a shared access with a future building upon Parcel G to the west. Based on the building size and placement upon the lot, future building expansion is not anticipated. The original plan for the building exterior was proposed with pre -cast concrete wall panels with a vertical raked finish with wall panels being accented with a horizontal band consisting of raked and smooth concrete in a checker pattern. The applicant was now suggesting an exposed aggregate and smooth concrete checker option. The applicant has indicated the exposed checker option would be done by a computerized machine that would result in a more uniform checker pattern. Because it will not affect the overall appearance of the building, this substitution will be acceptable. ,COUNCIL MINUTES JUNE 10 2002 To enhance the building's entrance, the applicant has proposed a recessed entry with a canopy and adjacent landscaping. This is in response to recommendations by the Planning and Zoning Board to enhance the building entrance shown on the original plans. Thirty-seven off-street parking stalls are required for the proposed use. The applicant's plan calls for 51 stalls and significantly exceeds the minimum off-street parking supply requirement. Likewise, three handicap parking stalls have been proposed in satisfaction of applicable State requirements. The applicant has indicated that the additional parking stalls (beyond that required by Ordinance) are necessary as occasional training sessions are to be held on site, which will escalate parking demand. The subject property meets all of the requirements of City code standards for access and traffic circulation, with the possible exception of the curb cut opening. The standard requirement is 26 feet, though a property may exceed that standard with the approval of the City Engineer. Because this will be a shared driveway for both parcels, it is appropriate that the '' eway is wider. As required, a lighting plan identifying illumination levels on th ubj`'Y site as well as fixture type details have been provided and have been found to be accep It is the opinion of staff that continuous overnight parki "outdoor storage" and is not allowed except via con there will be no such outdoor storage on site. If ou processing of a conditional use permit would be The proposed minor subdivision will be subj development, a park dedication requireme and G comprising 3.8 acres of upland ar required prior to the City certifying es such as semi -trucks constitutes se permit. According to the applicant, e is proposed at some future point, the o park dedication requirements. For industrial 5 per acre is required. With proposed Parcels F sive of ponding), a park dedication of $8,265 will be minor subdivision. This application was brought before condition of site and buildin City building permit issuance. e Creek Watershed District on April 24, 2002. As a the Watershed District permit must be received prior to Prior to the commencement of . ' site work the applicant will be required to enter into a performance agreement with the City and post all the necessary securities required by it. City Planner Smyser advised, at the Planning and Zoning Board meeting on May 8, 2002, concern was raised regarding the ability of the site to contain hazardous material spills. According to the Fire Chief, both the Building Code and Fire Code address hazardous material storage and transportation. Appropriate measures will be taken to ensure that hazardous materials are properly contained on site. City Planner Smyser advised City staff recommends approval of the minor subdivision request based on the findings in the Resolution No. 02-57 and subject to the two conditions in this resolution, and approval of the site and building plan request based on the findings in Resolution No. 02-58 and subject to the nine conditions in this resolution. He noted the City Engineer has submitted a new memorandum dated June 6, 2002 with comments regarding this site. He indicated Resolution No. 02- 14 COUNCIL MINUTES JUNE 10, 2002 • 58 should be amended to reflect this date on the first page in the list of correspondence and on page two within condition number five. Councilmember Carlson noted the adjacent lot is slightly lower than the subject lot and questioned how the proposed development will drain. City Engineer Studenski stated the site currently drains to the existing pond and to the larger portion of the adjacent site. He indicated this situation is being addressed and noted the storm water pipe across Apollo Drive will allow the drainage to be contained on site. Councilmember Carlson questioned whether this situation will make the adjacent parcel less marketable. City Engineer Studenski did not believe this would be the case. Councilmember Carlson noted the Environmental Board had recommended a number of conditions and it was difficult to determine whether they had been thorouaddressed. She felt it would have been helpful to have included this information in the staff report. Councilmember Carlson suggested a 10th condition be adde � : ®ion No. 02-58 stating that no manufacturing will be done at this site. City Planner Smyser expressed concern that with this ! i on, if the current user moved out of the building, a new user would not be allowed to manu a ure products, even though manufacturing is allowed in this zoning district. City Planner Smyser noted there are other bu more hazardous than the proposed cleanin noted the staff report included a memor staff agreed with the Fire Chief that t public. ses on Apollo Drive utilizing substances that are far that would be handled by the applicant. He m the City Fire Chief addressing this issue and City 'lding and fire codes will sufficiently protect the Councilmember Carlson qu-: w w r: here are other businesses within the community manufacturing items using h . ou ; he icals. City Planner Smyser responded affirmatively and listed a number of such busine s. He stated these types of businesses are not unusual in a business park and indicated this was the r: son the City's fire code addresses hazardous materials. Councilmember Carlson noted, in his memorandum, the City Fire Chief indicated two businesses whose buildings were designed to handle hazardous materials. She questioned whether the proposed building has been properly designed for the purpose intended. City Planner Smyser noted further on in this memorandum the City Fire Chief discusses the annual inspections by the Fire Department, during which the Department looks for any changes in the contents of a building that may violate codes, such as a building that is storing or using hazardous materials but was not designed for that purpose. Councilmember Carlson stated she was willing to support this use in this building if City staff and the City Fire Chief felt the use was appropriate. However, she was concerned about chemicals not being 15 COUNCIL MINUTES JUNE 10, 2002 mixed inside the building. City Planner Smyser stated City staff relies heavily on the City's fire code to protect the City. Mayor Bergeson invited the applicant to address the City Council on whether the proposed use would be a distribution center or whether cleaning supplies would be produced on site. Andy Larson, Project Manager, Raske Building Systems, Inc., stated Hillyard Inc. would be occupying the building and would not be manufacturing any products on site. He indicated all manufacturing for this company takes place in Missouri. Councilmember Dahl requested clarification that a three-year maintenance agreement will not be required. City Planner Smyser stated this was correct. Councilmember Dahl noted that Mr. Corson of the Planning condition that all spills be contained on site. City Planner Smyse been requesting City staff to look into this issue to determine wh indicated this had prompted the memorandum from the City oning Board had included a cated Mr. Corson had actually s was a concern. He With regard to the proposed additional condition as reco Bergeson noted the applicant had indicated the tenant this location, however, the same company manufac given those facts and how businesses change han additional condition. He suggested the conditi appropriate safety improvements to the build Councilmember Carlson stated this wou. Councilmember Reinert moved to Parcel E, Apollo Business Park, for submitted. Councilmember y Councilmember Carlson, Mayor y intends to distribute products from oducts at a different location. He stated, ime, he would like to revisit the issue of an rohibit the production of chemicals without be approved by the City Fire Chief. s her concern. Motion carried unanimously. n No. 02-57, Approving the Minor Subdivision of uil ing Systems, Inc., including two conditions as e motion. Mr. Larson expressed concern that condition number eight included in Resolution No. 02-58 was speaking to the native plants and he assumed, per recent discussions by the City Council, that this condition no longer applies. City Planner Smyser indicated condition number eight required a wetland seed mix to be used in the pond area only and that this was a different issue from the native plants previously discussed. Councilmember Carlson moved to adopt Resolution No. 02-58, Approving Site and Building Plans for an Office/Warehouse Facility, Raske Building Systems, Inc., with nine conditions as submitted plus one additional condition as stated by Mayor Bergeson above. Councilmember O'Donnell seconded the motion. Motion carried unanimously. 16 • COUNCIL MINUTES JUNE 10, 2002 Resolutions No. 02-57 and No. 02-58 can be found in the City Clerk's office. Public Hearing, First Reading Ordinance No. 04-02, Vacating Public Drainage and Utility Easements, Molin Concrete, Jim Studenski - City Engineer Studenski advised the City has received a request from Molin Concrete (415 Lilac Street) to vacate overlapping public drainage and utility easements. As part of their 2001 building expansion project, their Conditional Use Permit was amended. Rice Creek Watershed District required new drainage easements over the parcel to comply with the new Surface Water Management Plan. City Engineer Studenski indicated the Molin Concrete parcel is located in the northeast corner of Lilac Street and Fourth Avenue. The Easement Exhibit map shows both sets of easements on it. The new Surface Water Management Plan either overlapped the previous easements or it eliminated the need for them. Therefore, the previous easements (Easements ument #1404034) can be eliminated because the necessary areas are covered with the new ents. City Engineer Studenski stated, through this process, it was previously acquired along Fourth Avenue on the Molin Con record. The City is in the process of determining if the e Approval of the proposed easement vacations will be have the necessary easement along Fourth Avenue easement the City cel was not shown to be of as recorded at Anoka County. ent on confirmation that the City does in Concrete parcel. City Engineer Studenski advised staff recomm val of the first reading of Ordinance No. 04- 02, Vacating Public Drainage and Utility Eas -nts, Molin Concrete. Councilmember Carlson noted City staf vacations will be contingent on confi Fourth Avenue. She indicated the been granted to the City;", however, addressed in the Ordinance. ommending that approval of the proposed easement the City does have the necessary easement along ance stated, "WHEREAS, the new easements have not see where the above stated contingency was City Engineer Studenski indica d the intent at the time of writing his memorandum was that this issue would have been finalizedprior to this evening's meeting. However, this was not yet the case. Councilmember Carlson requested confirmation that if the first reading is approved this evening and, during the second reading of the proposed Ordinance this matter has not been finalized, the Ordinance could simply be amended at that time. City Engineer Studenski recommended that the contingency be added to the Ordinance at this time so that it remains consistent through both the first and second readings. City Attorney Hawkins stated he preferred no contingencies in ordinances, therefore, he recommended the first reading of the proposed Ordinance be approved this evening as submitted and, if at the time of the second reading the easement issue has not been finalized, the second reading not be approved. Councilmember Carlson stated this would satisfy her concern. 17 COUNCIL MINUTES JUNE 10, 2002 Mayor Bergeson opened the public hearing at 8:04 p.m. Hearing no public comments, Councilmember Reinert moved to close the public hearing at 8:04 p.m. Councilmember O'Donnell seconded the motion. Motion carried unanimously. Councilmember Dahl moved to approve the first reading of Ordinance No. 04-02, Vacating Public Drainage and Utility Easements, Molin Concrete, as submitted. Councilmember Reinert seconded the motion. Mayor Bergeson voted yea. Councilmember Carlson voted yea. Councilmember Dahl voted yea. Councilmember O'Donnell voted yea. Councilmember Refine ted yea. Motion carried unanimously. Ordinance No. 04-02 can be found in the City Clerk's offic Mayor Bergeson requested confirmation that, providi easement requirement is obtained within two week under consideration at the next regular City Coun ing. dditional information regarding the d reading of this ordinance would be City Engineer Studenski stated this was corr Public Hearing, First Reading Ordin Shenandoah 2"d Additions, Jim St a request from Michael Chmelows vacate Cree Lane. Cree Lane is a part of Shenandoah 3rd Add development to the west of tl 05-02, Vacating Public Right -of -Way, Cree Lane, ity Engineer Studenski advised the City has received Drive) and William Lahti (6567 Hokah Drive) to fide, unimproved public right-of-way that was platted as of -way was intended to serve as a connection for future City Engineer Studenski indicate` the Spirit Hills residential development, located immediately to the west of Shenandoah 3rd Addition, did not use this connection. The Cree Lane right-of-way terminates at the western edge of Shenandoah 3rd Addition and it is no longer possible to extend the road westerly. City Engineer Studenski stated no utilities are located within the existing Cree Lane right-of-way. It is staff's opinion that the right-of-way is no longer needed for public street or utility purposes. However, staff does recommend reserving a 10 -foot drainage and utility easement adjacent to Hokah Drive. City Engineer Studenski advised staff recommends approval of the first reading of Ordinance No. 05- 02, Vacating Cree Lane, Shenandoah 3rd Addition. 18 COUNCIL MINUTES JUNE 10, 2002 Mayor Bergeson opened the public hearing at 8:10 p.m. Hearing no public comments, Councilmember Dahl moved to close the public hearing at 8:10 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. Councilmember Carlson moved to approve the first reading of Ordinance No. 05-02, Vacating Cree Lane, Shenandoah 3rd Addition, as submitted. Councilmember Dahl seconded the motion. Mayor Bergeson voted yea. Councilmember Carlson voted yea. Councilmember Dahl voted yea. Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Motion carried unanimously. Ordinance No. 05-02 can be found in the City Clerk's office. Consideration of Resolution No. 02-54, Accepting Petitio Improvements, Marshan Lane Utility Improvements advised the City received a petition on September 25, Marshan Lane, east of Lake Drive, for preparation service. The City Council received the petition On January 14, 2002, the City Council received residents for their determination as to whethe Improvement process. City Engineer Studenski indicated th 13, 2002 requesting the installation Charter requirement that at least 2 for the City to proceed with petition and hold a public he alling for Hearing on enski — City Engineer Studenski om residents and property owners on feasi lity report on sanitary sewer and water ed the feasibility report on October 8, 2001. ability report and a copy was then sent to the not they wished to continue with the Public ved a petition from four of the 10 residents on May er and water utilities. The petition meets the City of the benefited property owners have signed the petition g. The next step in the process would be to accept the e p oposed improvements. City Engineer Studenski advisedtaffrecommends adoption of Resolution No. 02-54, Receive Petition and Calling for a Public Hearing for the Marshan Lane Utility Improvements. Mayor Bergeson asked if a date has been determined for the public hearing. City Engineer Studenski anticipated the public hearing would held during the July 8, 2002 regular City Council meeting. Mayor Bergeson asked if the public hearing date should be part of the Resolution. City Attorney Hawkins responded affirmatively. Councilmember O'Donnell moved to adopt Resolution No. 02-54, Receive Petition and Calling for a Public Hearing for the Marshan Lane Utility Improvements. Councilmember Dahl seconded the motion. 19 COUNCIL MINUTES JUNE 10, 2002 , Motion carried unanimously. Resolution No. 02-54 can be found in the City Clerk's office. Consideration of Resolution No. 02-56, Accepting Plans and Specifications and Authorizing Advertisement for Bids for West Shadow Ponds Street Improvement project, Jim Studenski City Engineer Studenski advised the preliminary plat for West Shadow Ponds was approved in 2001. The developer, Richard S. Carlson & Associates, has submitted a petition to have certain improvements installed by the City. All costs for these improvements will be assessed back to West Shadow Ponds per the development agreement. The improvements to be installed under City contract include the water main, sanitary sewer, storm sewer, and the road pavement including aggregate base. The project limits are from 62nd Street to the south end of existing West Shadow Lake Drive. City staff has prepared the plans and specifications for this work and is requesting Council approval to advertise for bids. City Engineer Studenski anticipated that the bids would be recei d Ju 11, 2002 and be brought to the City Council at their July 22, 2002 regular meeting for re + warding the contract. City Engineer Studenski advised staff recommends adop `fin solution No. 02-56, Approving the Plans and Specifications and Authorizing Advertise Bids for the West Shadow Ponds project. Councilmember Carlson noted the trail issue rela been discussed at the City Council Work Sessi the construction of the road due to safety con for that trail. e West Shadow Ponds development had dicated a trail was to be constructed prior to She asked what specifications had been approved City Engineer Studenski indicated, p - . a r ouncil minutes and the development agreement, the requirement was that a bicycle trail on the north side of 62nd Street prior to the West Shadow Ponds project progressing fo ® He indicated the City standard for a bicycle trail is eight feet wide, however, the Cionly 33 feet wide and there was no requirement to obtain additional right-of-way at thi WS ®e. `e st. ted this would be handled when 62nd Street is improved. He indicated the distance betw - n the road and the right-of-way at this time would not allow for an eight -foot wide bicycle trail. Councilmember Carlson stated there is one segment where the trail is connected to the road. She indicated a resident had contacted her prior to the Work Session and she had met with this resident and took measurements to determine the width of the trail. She stated the road measured 22 feet on both the eastern and western ends, but measured 24 feet in three locations where the trail was attached, a difference of only two feet. She indicated it was difficult to determine where the trail ends and where the road begins. Councilmember Carlson felt the City has an issue with the trail and suggested that perhaps the letter of credit would be one method of addressing the fact that the City did not get the trail it asked for. She felt when the roadway is improved the City should request the money from the developer that was not spent on the trail, unless the developer was granted approval to not meet specifications. 20 COUNCIL MINUTES JUNE 10, 2002 Mayor Bergeson indicated it appeared as though the intent to construct the trail to City standards was not feasible. He questioned City staff whether the City should accept a substandard trail or take some action to rectify the situation. Community Development Director Grochala stated City staff was preparing a memorandum reviewing the trail and addressing these concerns. Councilmember Reinert moved to adopt Resolution No. 02-56, Approving the Plans and Specifications and Authorizing Advertisement for Bids for the West Shadow Ponds project. Councilmember Dahl seconded the motion. Councilmember O'Donnell questioned, once the bids have been accepted and the project has been awarded to allow work to begin, would there be an option to ho + . ff the project until the trail issue has been resolved to ensure the trail is safe, or would the City be ;''< to simply accept the low bid and commence work on the project immediately. City Engineer Studenski stated City staff was currently in t expected of the contractor on this project. He anticipate award of the bid. Councilmember O'Donnell questioned if, once th the trail issue has not been reached, would ther project. rocss of clarifying what would be work will be completed prior to the t is advertised for bid and if a resolution to t at which the City could put a hold on the City Engineer Studenski indicated that t issu= ould be resolved prior to commencement of the project. Mayor Bergeson questioned whether ecifications being used for the bid will include a resolution related to the trail issue. Community Development Dire or Grochala stated, unless the City Council wanted the trail issue incorporated into the contract w n the City is ready for the construction of West Shadow Drive, the trail issue would not be included in the plans and specifications for this project since this project involved only the construction of sanitary sewer, water main, storm sewer and the road pavement for West Shadow Drive. Councilmember Carlson felt the trail issue was related to the West Shadow Ponds project since it will affect the size of the road. She noted one resident had contacted her and indicated she is unable to park in her driveway because the trail has caused her driveway to be too short. Community Development Director Grochala noted the project under consideration was related only to West Shadow Lake Drive. He indicated that the feasibility report for improvements to 62nd Street will be considered during the next regular City Council meeting. He stated surveying work has been prepared to determine the right-of-way needed for that project. 21 COUNCIL MINUTES JUNE 10, 2002 Councilmember Carlson stated there were two reasons she would not ask that the trail issue be addressed now. She indicated the trail will be torn up and the City will have to approach the homeowners twice for easements. Councilmember O'Donnell stated he would prefer to handle all the easement issues at once and sooner rather than later. Motion carried unanimously. Resolution No. 02-56 can be found in the City Clerk's office. UNFINISHED BUSINESS There was no unfinished business to consider. NEW BUSINESS CONSIDER APPROVAL OF MEETING MINUTES April 22, 2002 - City Council Meeting Minutes May 13, 2002 — City Council Meeting Minut May 28, 2002 — City Council Meeting M With regard to the May 13, 2002 Ci four, a motion had been made to co however, on page five a subsequent Financial Plan. She questio eeting minutes, Councilmember Dahl noted on page is hearing on the Five -Year Financial Plan, was made to table consideration of the Five -Year had been appropriate. City Clerk Blair stated this had een appropriate since one motion had been to continue the public hearing and the second was to tae the Resolution adopting the Five -Year Financial Plan. Councilmember Dahl stated on page seven of the May 28, 2002 City Council meeting minutes, paragraph six began with a statement by Councilmember Carlson, however, Councilmember Dahl believed that she had made this statement. Councilmember Carlson concurred. Councilmember Carlson requested, on page 10 of the May 13, 2002 City Council meeting minutes, the last line of paragraph four be amended to read, "...that the Council should approve that section of the minutes also." Councilmember Carlson stated she had two corrections to the April 22, 2002 City Council meeting minutes, which she has discussed with City Clerk Blair. 22 COUNCIL MINUTES JUNE 10, 2002 City Clerk Blair stated she would add consideration of the April 22, 2002 City Council meeting minutes to the next regular City Council meeting agenda. Councilmember O'Donnell moved to approve the May 13, 2002 and the May 28, 2002 City Council meeting minutes, as amended. Councilmember Carlson seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR JUNE 11, 2002 THROUGH JUNE 24, 2002: Wednesday, June 12, 2002, 6:30 p.m., Planning and Zoning Board Meeting Wednesday, June 16, 2002, 6:30 p.m., City Council Work Session Thursday, June 17, 2002, 6:30 p.m., City Council Joint Mee ':j'an ; 'th City of Centerville Monday, June 24, 2002, 6:30 p.m., City Council Meeting ADJOURN There being no further business, Councilmember C Aon ved to adjourn at 8:30 p.m. Councilmember O'Donnell seconded the motion. Motion carried unanimously. These minutes were considered and app ped a he regular Council Meeting, June 24, 2002. Ann Blair, City Clerk Jo 4 Bey" son, ayor Transcribed by: Lori Rolfson TimeSaver Off Site Secretarial, Inc. 23