HomeMy WebLinkAbout04/14/2003 Council Minutes (2)APPROVED
1 CITY OF LINO LAKES
• 2 MINUTES
3
4
5 DATE : April 14, 2003
6 TIME STARTED : 6:26 P.M.
7 TIME ENDED : 8:28 P.M.
8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert
9 and Mayor Bergeson
10 MEMBERS ABSENT : None
11
12 Staff members present: City Administrator, Linda Waite Smith; City Engineer, Jim Studenski; and
13 City Attorney, Barry Sullivan.
14
15 SETTING THE AGENDA
16
17 Mayor Bergeson noted that Items 4B, 4C and 6A have been added to the agenda, and Item 7C has
18 been removed, to be heard at a public hearing on April 28, 2003.
19
20 The agenda was approved as amended.
21
22 CONSENT AGENDA
23
•24 Councilmember Carlson moved to approve the Consent Agenda, as submitted. Councilmember Dahl
25 seconded the motion.
26
27 Motion carried unanimously.
28
29 ITEM ACTION
30
31 A. CONSIDERATION OF EXPENDITURES:
32
33 i) April 14, 2003 (Check No. 67776 -
34 67880, $136,369.04). Approved
35
36 ii) Centennial Fire District (Check No. 13718 -
37 13738, $8,054.45) Approved
38
39 B. Consider Resolution 03-50 Amending the Lino Lakes Flexible Spending Account Plan to
40 conform to HIPAA Requirements
41
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APPROVED
42 OPEN MIKE
•43
44 A. Department of Public Safety, Bob O'Brien — Presentation of Video Camera to Lino
45 Lakes Police Department — Resolution No. 03-49 Accepting Donation of Equipment,
46 Sergeant Bill Hammes
47
48 Police Chief Dave Pecchia introduced Sergeant Bill Hammes, coordinator of the Safe and Sober
49 Program. Sergeant Hammes indicated that Susan Palmer, MN Department of Public Safety, was here
50 to present the Lino Lakes Police Department with an award for their participation in the Safe and
51 Sober Program.
52
53 Ms. Palmer, coordinator of the Safe and Sober Program stated the program stresses getting drunk
54 drivers off the road and encouraging drivers to wear their seat belts. She stated that when a city
55 completes three years with the program, which Lino Lakes has, they are asked to take a year off and
56 are given a gift. She is pleased to present the Police Department with an in -squad camera,
57 microphone and controls, and would like to thank the City Council for supporting the Police
58 Department. She stated great departments always have good support, and it is obvious the City
59 Council appreciates their department.
60
61 Mr. Bob O'Brien presented statistics for Lino Lakes and Anoka County that indicate the number of
62 severe injuries and fatalities have been reduced during the last three years. He stated seat belt usage
63 is up to 80%, however 31% of the fatalities were not wearing a seatbelt. He stated the Lino Lakes
64 Police Department has earned this award by promoting traffic safety and keeping the roads safe.
.65
66 B. Boy Scout Recognition
67
68 Mayor Bergeson welcomed Boy Scouts in attendance and invited them to introduce themselves. Boy
69 Scouts Michael Peltier and Mark Boeckman came forward and stated they were both working toward
70 Citizenship badges.
71
72 FINANCE DEPARTMENT REPORT, AL ROLEK
73
74 There was no report.
75
76 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
77
78 Quad Cities Police Proposal, Public Hearing, Linda Waite Smith — City Administrator Waite
79 Smith indicated this topic was presented two weeks ago as an idea cooperatively developed by
80 Centerville, Lexington, Circle Pines and Lino Lakes. She stated the purpose of the presentation was
81 to explain how the four cities might combine their police departments to save money. She indicated
82 tonight was a public hearing, and they will open it for comment after doing a brief recap for anyone
83 who may have missed the previous presentations. She introduced Mike Delmont from Lexington,
84 Jim Keinath from Circle Pines and Kim Moore -Sykes from Centerville.
85
86 Mr. Delmont gave an update on the status of the four cities' decisions, indicating Circle Pines has
87 chosen to participate, with the Mayor and a Councilmember to be part of the governing board, and the
•88 Lexington Mayor will proceed with a partner as well. He indicated that the newspaper accounts do
89 not show the State budget getting better, and it appears the proposed cuts will take place when the
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APPROVED
90 budget is finalized. He stated the data they have prepared is very basic, and if the four cities decide to
.91 pursue this endeavor, they can use it as a starting point. He indicated there are several rumors that
92 have been going around that he is here to dispel, the first being that the City Administrators are trying
93 to promote a joint police department. He stated that was not true, and the Administrators were only
94 presenting information and trying to do what is best for each of the cities. He stressed there are no
95 tentative agreements. He added that the savings to each city are not $550,000 as was reported in the
96 newspaper, and the current proposed budget shows a savings of $550,000 for all four cities combined,
97 noting that number could change based on decisions by the governing body. He stated the most
98 active rumor is on the staff number; this number is dependent on the budget, and will be part of the
99 agreement between all four cities. He stressed the number shown in the proposed budget is only an
100 example.
101
102 Mr. Keinath explained several pieces that would be an important part of the joint powers agreement if
103 the cities were to move forward, the first being the funding formula. He advised the governing body
104 would need to set a target for the budget, noting the City Administrators used $130.00 per capita, and
105 then they would determine the weighted factors. The three factors the Administrators used were Part
106 1 & 2 Crimes; Population; and Valuation. He stated they had also heard a suggestion of street miles,
107 but this would be up to the four cities to decide. When weighted, it would determine each city's
108 percentage, and subsequently, their share of the expense. He indicated there was a draft of the budget
109 attached, where they had tried to take out anticipated costs, including start-up costs, with the
110 remaining amount available for salaries. He stated the other three cities are looking at a different
111 building if this agreement does not move forward, and that amount is accounted for as well.
112
13 City Administrator Waite Smith indicated the current proposal is based on using the Lino Lakes
114 Policebuilding, which is about one-third of the City Offices complex. She stated this building is three
115 and one-half years old, and was built with expansion in mind. She advised there are lockers for 60
116 officers, although only approximately 20 are currently being used, andreport writing stations that
117 would accommodate 30 officers. She explained that using this building would provide space for the
118 other three cities and eliminate their need to build something new.
119
120 Ms. Moore -Sykes reviewed the proposed terms of the joint powers agreement, and mentioned the
121 Administrators had met with a representative of the League of Minnesota Cities (LMC), who had
122 presented them with several questions to consider, many of which had already been addressed in the
123 proposal.
124
125 Mayor Bergeson noted that the City Council has heard the material before, but asked if there were any
126 further questions.
127
128 Councilmember Carlson asked what the source of information was for the valuation and population
129 figures. Mr. Keinath stated the population figures came from the Metropolitan Council.
130 Councilmember Carlson noted that earlier in a report from Anoka County, the valuation for Lino
131 Lakes shows $1,432,305,200, which is higher than the figure shown here. Mr. Keinath noted the
132 figures he used were from 2002, not 2003, and could account for the difference. Councilmember
133 Carlson stated they appear to be lower, even, than the 2002 figures.
134
135 Councilmember Carlson stated that each police department is currently spending much less on CSO
036 salaries then the proposed combined amount, and asked why they would want to spend $200,000 a
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APPROVED
137 year for this. Mr. Keinath indicated it was only an example, and the actual allocation would be up to
W38 all four cities to determine.
139
140 Councilmember Carlson stated she had asked for a list of equipment, which she received, however
141 she saw there were some differences in them. She cited an example on the vehicles, where the
142 valuation came up higher, even though the Centennial police department vehicles are a year and a half
143 older. She brings this up because there are a lot of numbers that would need to be worked out by the
144 cities, since the agreement indicates the equipment would stay if Lino Lakes were to stop
145 participating in a joint department. Mr. Keinath confirmed that the agreement is that the equipment
146 would remain with the new department unless the entire department dissolves.
147
148 Mayor Bergeson opened the public hearing at 6:54 p.m.
149
150 Mayor Bergeson introduced Lyle Bye from the Public Safety Citizen's Committee (PSCC). Mr. Bye
151 stated PSCC is an official arm of the Lino Lakes Police Department, created to be a liaison with the
152 residents and the department to help them do their job more effectively. He indicated when issues
153 arise, the Committee makes recommendations on how the citizens would like to see things happen.
154 He stated the Committee has several comments on the Joint Powers Agreement they feel are
155 important for the Council to consider.
156
157 1. If a merger takes place, they are concerned that it happenas fast as possible. Morale is low in
158 the department due to uncertainty of employment should this go through. The proposed time
159 schedule shows a merger taking the rest of this year, but for those wondering about job
M.160 security, that is too long. The best officers will leave and try for employment elsewhere, and
61 the Committee believes Lino Lakes has the best training and therefore the best officers.
162 Therefore, the merger needs to move forward quickly or be dropped.
163 2. For staff, decisions need to be fair and fast, with as much staff retained as possible from the
164 Chief on down.
165 3. The Committee desires to retain the Lino Lakes Police Department philosophy. Over the last
166 30 years they have seen the Lino Lakes Police Department go from one of little respect to one
167 of the best departments in the state. Their programs are great and their safety record is
168 outstanding, and they have brought a trust factor to citizens that needs to be maintained.
169
170 Mayor Bergeson replied that this City Council is not known for their speedy decisions, but they will
171 do their best.
172
173 Scott McGuire, 6300 Deerwood Lane, stated he left messages for all five Councilmembers, and
174 thanked the three who called him back. He indicated Lino Lakes has a good Police Department. His
175 concern is that currently if there is a problem, and there needs to be another officer in a certain area,
176 the City Council can approve it. From the way it sounds, if this goes through, the City Council will
177 only have a 25% decision in staffing. He stated Lino Lakes has a good department, and he thanked
178 the City Council for letting them do their job.
179
180 Mayor Bergeson indicated the City Council would discuss this at the next work session and the next
181 City Council meeting. He stated they could close the public hearing now or leave it open until then.
182
gibi 83 Councilmember Carlson stated her preference would be to leave it open. Councilmember O'Donnell
184 indicated that for the reasons they heard here tonight, he would like to close it and move this along.
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COUNCIL MINUTES APRIL 14, 2003
APPROVED
Am.185
W186 City Administrator Waite Smith indicated she has not received any calls from the public, although
187 they have made it clear more information was available, and they have made their presentation to all
188 four City Councils, all of which were televised.
189
190 Councilmember Reinert stated with respect to Councilmember Carlson, he would move to close the
191 meeting, believing anyone who wished to address this has had opportunity to do so, and would be
192 allowed to speak to it during the next meeting even if not a public hearing.
193
194 Councilmember Reinert moved to close the public hearing. Councilmember O'Donnell seconded the
195 motion.
196
197 Councilmember Dahl commented that as they have heard, things are changing and have already
198 changed. She stated hearing comments will not slow down the Council's decision, they just give the
199 citizens a right to speak, and the Council's slow decision making process is not due to residents. She
200 expressed that since this is changing all the time, she would prefer to give them an opportunity to
201 speak, and would recommend leaving it open.
202
203 Councilmember Carlson stated she does not have a real strong feeling one way or another, and
204 citizens can speak for four minutes anyway even if not a public hearing; the only reason to leave it
205 open is for those that do not know the other process. She indicated the Council would vote in two
206 weeks either way.
207
dlik08 Mayor Bergeson agreed that this is a process, and there will be other opportunities to speak.
209
210 Motion carried. Vote: 3 Ayes, 2 Nays. Councilmembers Dahl and Carlson opposed.
211
212 Consider Resolution No. 03-52 Amending Joint Powers Agreement for Cable Commission,
213 Linda Waite Smith — City Administrator Waite Smith summarized the staff report.
214
215 Councilmember Dahl moved to Adopt Resolution No. 03-52 amending the Joint Powers Agreement
216 for North Metro Communications Commission. Mayor Bergeson seconded the motion.
217
218 Motion carried unanimously.
219
220 Resolution No. 03-52 can be found in the City Clerk's office.
221
222 Consider Resolution No. 03-51 Calling on the Minnesota Legislature to preserve local
223 government control, Linda Waite Smith — City Administrator Waite Smith summarized the staff
224 report.
225
226 Councilmember Dahl asked if this was in regard to the item Andover sent to Lino Lakes. City
227 Administrator Waite Smith indicated Andover worked with other organizations to develop a
228 resolution to send to the legislature.
229
230 Councilmember Dahl asked if that was what they were voting on tonight. City Administrator Waite
A2231 Smith stated they were voting on letting local government maintain control of local government
32 decisions.
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APPROVED
233
•34 Councilmember Dahl expressed concern that this could backfire on them when the State budget is
235 back in sync, at which time the State could say since they wanted to be on their own, they can be.
236 She asked for another example of decisions that would be reversed. City Administrator Waite Smith
237 stated any decisions regarding budget, if they impose the tax levy restrictions. She explained that
238 what the State Legislature is proposing to do is tie their hands so they could not recoup money, and
239 would eventually have to lay off staff to balance the budget.
240
241 Councilmember Reinert asked if the point of what was going on with the levy being imposed and
242 salary caps was that some cities get a higher percent of their budget from the state, and the intent was
243 that cities would not increase taxes to recoup the loss of funds.
244
245 City Administrator Waite Smith stated this was sent to the City Council two weeks ago to see if they
246 wanted to consider it. It only says Lino Lakes would prefer that decisions that affect local
247 government be left to local government to make. She indicated her example showed an unintended
248 result that would occur by imposing this on all cities.
249
250 Councilmember Reinert stated this was kind of a non -issue for Lino Lakes, since only 2% of their
251 budget came from state funds. City Administrator Waite Smith disagreed, stating when Target came
252 in, a tax abatement agreement was made, which says Lino Lakes could have a special tax levy to gain
253 the $103,000 per year in tax revenue. That would be lost if the State has their way.
254
255 Councilmember Reinert stated he was all for retaining local government control.
56
257 Councilmember O'Donnell moved to Adopt Resolution No. 03-51 calling on the Minnesota
258 Legislature to preserve local government control. Councilmember Reinert seconded the motion.
259
260 Councilmember Carlson asked to read the last paragraph of the resolution, which says:
261 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes calls on the Minnesota
262 Legislature to NOT enact mandatory levy limits, levy freezes, local government salary
263 freezes, restrictions on employee pension or health insurance contributions, reverse
264 referendum requirements, restrictions on local government debt issuance or any other
265 limitation on local governments' ability to respond to the loss of state aids in a manner that
266 best reflects the challenges and service priorities of their individual communities.
267
268 Councilmember Carlson stated the restrictions are so extensive, they could severely hamper running
269 the City, and therefore she will vote yes.
270
271 Mayor Bergeson stated he believes the City Council is elected by local residents to make decisions on
272 their behalf, and staff is hired to implement those decisions on behalf of the residents. He feels they
273 should support that process if they can.
274
275 Motion carried unanimously.
276
277 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
278
a2279 There was none.
80
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APPROVED
0281 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
282
283 Consideration of Resolution No. 03-53 Authorizing Centennial School District to install a
284 private well at Rice Lake Elementary School — City Administrator Waite Smith stated there was a
285 budget meeting at the school tonight, so the Superintendent and Finance Director are unavailable.
286 The Deputy Superintendent is in attendance. She summarized the staff report, and indicated staff
287 recommendations need to be consistent with existing regulations, therefore they are recommending
288 denial, but the City Council has the authority to make exceptions.
289
290 Councilmember Reinert asked if staff has been able to determine actual cost savings. City
291 Administrator Waite Smith stated that information was in the Friday packet, and their analysis shows
292 approximately $8500. She indicated the School District report was based on utility bills at schools
293 with irrigation wells. Rice Lake pays approximately $20,000 more than the other schools.
294
295 Councilmember Carlson noted that only Rice Lake Elementary is in town, and the others, in other
296 surrounding cities that have lower water fees, which may account for some of the difference. She
297 stated she asked the City Attorney if the City Council has a legal right to do this, and to what degree.
298 Specifically, do they have the right to say no based on Section 401.15, since the school is not new;
299 and secondly, does the City Ordinance address irrigation wells.
300
301 City Attorney Barry Sullivanindicated that it sounds like the school is asking for a private well,
302 whether irrigation or otherwise, and he is not aware of any State statutes that would prevent the City
303 Council from allowing it.
04
305 Councilmember Carlson asked if the district even has to ask, since the well is not being hooked up to
306 their building. City Attorney Sullivan indicated he would assume staff reviewed this when they came
307 in for a permit to drill, and that is why the question is before the City Council.
308
309 Councilmember Carlson stated that in the findings, it appears the City Council would approve this
310 because of the cost and the fact it is public money being used to pay the bills, but that would be
311 narrowing who could have a well such as this, and asked if they were being fair.
312
313 Mayor Bergeson indicated there were other public facilities, like the prison, and could be others in the
314 future. Councilmember Carlson asked if the prison had a well. She stated Lino Lakes' water mains
315 were higher, and they made that decision because of their desire to be able to maintain them. She
316 stated if they open this option too wide, it would hamper the City's ability to support their mains.
317
318 City Attorney Sullivan agreed they do not want to be too broad, and it is up to City Council
319 discretion.
320
321 Councilmember Carlson asked about the City Code, which says financial need cannot be used as a
322 determining factor for a variance. She stated they have five standards, and this would not meet any of
323 them. City Attorney Sullivan indicated in his opinion he does not see this as being a zoning variance
324 that would need to meet those standards, but it might be an analogy.
325
326 Councilmember Carlson stated she meant it as an analogy, making the point they need to be
a3327 consistent and fair with everyone, and if they do not have standards, that becomes difficult.
28
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COUNCIL MINUTES APRIL 14, 2003
APPROVED
329 Mayor Bergeson asked if there was a well at the middle school, which there is.
1,30
331 Councilmember Reinert noted this was a public building. As far as Findings of Fact and why the
332 Council did something, the fact that it is a public building would be a supporting item, indicating the
333 money from the water main that would not be collected comes from the taxpayers, too.
334
335 Councilmember Dahl stated that at the work session they asked the Superintendent to give them an
336 estimate on the cost to have a well constructed, to see if the money justified the savings. The only
337 amount they were able to come up with was a two-year old bid for $80,000. She indicated that even
338 using the district's savings of $20,000 annually, it would be at least four years before a savings was
339 realized. Using the City staff's amount, it would take more than 10 years. She does not believe that
340 justifies spending $80,0000, and since the levy did not go through, she did not think the district has
341 money to spend. She stated if it only cost $20,000 or $30,000 or $40,000, they could look down the
342 road and say it was worth it, but she has not seen anything from the School District to support the
343 numbers. She indicated there were a number of things the district could do to save money, including
344 cutting down on the watering schedule. She would vote for this if they gave her a reason to, but
345 $80,000 for a $20,000 a year savings was not a good reason.
346
347 Mayor Bergeson indicated that there was another school where they made a business decision to add a
348 well, and the results must have been good since they are asking again.
349
350 Councilmember O'Donnell agreed. He indicated the School District has a Board that makes those
351 decisions, and with the cuts they are going through he is sure they have looked at this as well. He
.
52 stated they are only asking if the Council will allow them to do this, not asking for approval of their
53 business decisions.
354
355 Councilmember O'Donnell moved to Adopt Resolution No. 03-53, Centennial School District request
356 for a private well at Rice Lake Elementary School. Councilmember Reinert seconded the motion.
357
358 Councilmember Carlson stated they also have a second elementary school on Main Street, which is in
359 the Forest Lake District, and there may be people who are thinking they are not going to benefit from
360 this since they are not in that district. She indicated the Council would have to be fair if they came
361 with a similar request. She reiterated she would support this, as this issue is close to her, and it means
362 Lino Lakes residents will not have to pay that water bill, and it was also a recommendation of the
363 Citizen's Group. She spoke with a representative of the Citizen's Group on Sunday who did not
364 believe this had gone through the School District Board yet. She feels it is a good decision for the
365 school, but also believes the cityneeds to rewrite the ordinance.
366
367 Councilmember Dahl noted that on the agenda statement there are three options, with staff
368 recommending denial.
369
370 Motion carried. Vote 4 Ayes, 1 Nay. Councilmember Dahl opposed.
371
372 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
373
374 A. Dairy Queen Chill and Grill, Michael Grochala
75
376 i) Consider Resolution No. 03-46, Approving Site and Building Plan and CUP
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COUNCIL MINUTES APRIL 14, 2003
APPROVED
377
•78 Community Development Director Grochala presented the staff report, advising that it is Staff's
379 recommendation for approval. He noted the Planning Commission recommended approval as well,
380 with eight conditions.
381
382 Councilmember Carlson noted that on the landscaping plan, the EDA recommended that the
383 landscaping plan be consistent with what was set forth in the Market Place PDO, and the Planning
384 Commission conditions also suggest this.
385
386 Community Development Director Grochala agreed, indicated all landscaping conforms to the
387 requirements of the Market Place PDO. He outlined the new and revised plans.
388
389 Councilmember Dahl asked if there was a colored picture available for them to view.
390
391 Nick Sperides, architect for the Chill and Grill, showed a picture of a similar location. He indicated it
392 does not have the exact materials, but in Lino Lakes there will be some brick which will be the same
393 color.
394
395 Councilmember O'Donnell asked for a brief overview of the concept of a Chill and Grill.
396
397 Tom Layman, representative for Dairy Queen, indicated Dairy Queen is attempting to reposition the
398 DQ brand. He stated after conducting a survey, this concept was decided upon, the name was picked
399 and a test store was opened and is operating successfully. They are now rolling out the concept all
00 over the country. He indicated the store would have the same DQ treats, but an upscale food menu,
401 focusing on less drive-thru and more dine -in, with no alcohol and no tobacco. He stated this would
402 be the second one in the state.
403
404 Councilmember Reinert asked when they proposed to open. Mr. Layman indicated no later than
405 August 1, 2003.
406
407 Community Development Director Grochala indicated the Council could take action on one or both
408 items. He explained the use of development agreements started about a year ago. The City now
409 requires a letter of credit and a cash escrow to reimburse the City for costs incurred during the
410 development. He stated this was a standard agreement that Council has seen before, and staff
411 recommends approval of that also.
412
413 Councilmember Reinert moved to adopt Resolution No. 03-46, Approving Site and Building Plans
414 and approving Conditional Use Permit for an Accessory Drive-Thru Dairy Queen Chill and Grill,
415 with conditions outlined in the Resolution and the following additional conditions:
416
417 1. Building elevations shall be modified to incorporate face brick consistent with the material
418 types and colors used throughout the Marketplace Development with the exception of the
419 stone treatment on the "chimneys".
420 2. Perimeter and interior landscaping shall be provided in conformance with the
421 Marketplacelace PDO requirements. Island located in the parking lot shall be landscaped
422 and of sufficient width to accommodate the vegetation.
423 3. The plans shall be modified to reduce the impervious surface to 75% or less.
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COUNCIL MINUTES APRIL 14, 2003
APPROVED
Aft424 4. The modifications and comments as set forth in the City Engineer's memo, dated March 6,
W25 2003, shall be incorporated into the plans.
426 5. The ordering Kiosk, in the drive-through lane shall be relocated westerly to accommodate
427 additional stacking.
428 6. The drive-through exit shall be extended to the south to route existing traffic through the
429 parking lot more uniformly.
430 7. The sidewalk area shall be modified to provide separation between the parking stalls.
431 8. The applicant shall enter into a Site Performance Agreement with the City.
432
433 Councilmember O'Donnell seconded the motion.
434
435 Motion carried unanimously.
436
437 Resolution No. 03-46 can be found in the City Clerk's office.
438
439 ii) Consider Resolution No. 03-47, Approving Performance Agreement
440
441 Councilmember Dahl moved to adopt Resolution No. 03-47, approving Dairy Queen Site
442 Improvement Performance Agreement (Frauenshuh Hospitality Group). Councilmember Carlson
443 seconded the motion. Motion carried unanimously.
444
445 Resolution No. 03-47 can be found in the City Clerk's office.
446
A4447 Consider Resolution No. 03-49, Mueller Office Site and Building Plan Review, Michael
48 Grochala — Community Development Director Grochala summarized the staff report, noting that the
449 Environmental Board and the Planning and Zoning Commission recommended approval, with seven
450 conditions, and staff also recommends approval with those conditions. He mentioned this is a
451 rambler style building, consistent with the surrounding neighborhood.
452
453 Councilmember Carlson stated this complies with the CB zoning standards, which is now part of
454 General Business. She indicated the report says the building will be approximately 20 feet high, an
455 average of the pitched roof, according to the definition in the zoning ordinance. She asked if that
456 could be explained.
457
458 Community Development Director Grochala explained that on a pitched roof, the height is taken from
459 mid -height to the ground. He stated this is not a unique way of measuring; it is similar to what is
460 done in other cities, and gives some flexibility in design.
461
462 Mayor Bergeson asked if they knew what tenants or type of tenants would be in the building.
463
464 John Patterson, RJM, indicated the owner will occupy the building with his own business, but the
465 other three tenants are not known.
466
467 Community Development Director Grochala presented a colored rendering with material types.
468
469 Councilmember Carlson moved to adopt Resolution No. 03-45 approving a site and building plan and
70 the allocation of .73 acres of Commercial MUSA, with the conditions as follows:
04471
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COUNCIL MINUTES APRIL 14, 2003
APPROVED
ii&472 1. The trash screening enclosure will use the same brick as the principal building.
W73 2. Lighting must meet ordinance requirements of no more than 0.4 foot candles at the
474 residential property line to the east, and no more than 1.0 at street centerlines. The
475 applicant shall submit a new photometric plan that complies with these standards prior to
476 commencement of site work.
477 3. The utility related modifications and comments as set forth in the City Engineer's memo,
478 dated March 6, 2003, shall be incorporated into the final plans prior to commencement of
479 site work. Plans shall be subject to City Engineer approval.
480 4. The grading and drainage related modifications and comments as set forth in the City
481 Engineer's memo, dated March 6, 2003, shall be incorporated into the plans prior to
482 commencement of site work. Plans shall be subject to City Engineer approval.
483 5. The grading and drainage plans shall be revised to include tree protection measures and
484 measures to avoid soil compaction in designated infiltration areas. New plans that include
485 these must be submitted prior to commencement of site work.
486 6. The Landscaping Plan shall be revised to include City native seed schedule for all
487 infiltration and ponding areas. The new plan must be submitted prior to commencement
488 of site work.
489 7. Prior to commencement of site work, the applicant shall enter into a Site Performance
490 Agreement with the City and any financial securities shall be submitted. Such agreement
491 shall provide for ongoing maintenance of ponding and infiltration areas.
492
493 Councilmember Reinert seconded the motion.
494
*95 Motion carried unanimously.
496
497 Mayor Bergeson asked when the construction was scheduled. The applicant responded he is hoping
498 for late summer, early fall.
499
500 Resolution No. 03-45 can be found in the City Clerk's office.
501
502 Consideration of First Reading of Ordinance No. 09-03, Transferring Public Right -of -Way to
503 Anoka County, Michael Grochala — Community Development Director Community Development
504 Director Grochala presented his staff report, noting this is a clean-up issue.
505
506 Councilmember O'Donnell moved to approve First Reading of Ordinance No. 09-03 conveying
507 easement interest to Anoka County. Councilmember Dahl seconded the motion.
508
509 Vote: Councilmember O'Donnell voted yea. Councilmember Dahl voted yea. Councilmember
510 Carlson voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted yea. Motion Carried
511 unanimously.
512
513 Ordinance No. 09-03 can be found in the City Clerk's office.
514
515 Consideration of Resolution 03-48, Authorizing Feasibility Study for Lift Station, Century
516 Farm North, Jim Studenski — City Engineer Studenski presented the Staff report, noting the
517 developer has already paid the $5600.00 and would like to get started right away. He stated Staff
18 recommends approval.
519
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COUNCIL MINUTES APRIL 14, 2003
APPROVED
520 Councilmember Dahl moved to approve Resolution No. 03-48, Authorizing the Feasibility Study for
1,21 Lift Station, Century Farm North. Councilmember Reinert seconded the motion.
522
523 Motion carried unanimously.
524
525 Resolution No. 03-48 can be found in the City Clerk's office.
526
527 Consider First Reading of Ordinance No. 10-03, Adopting Minnesota State Building Code,
528 Michael Grochala — Community Development Director Grochala summarized the report, noting the
529 City has some optional chapters that can be adopted. Chapter 1306 is a Special Fire Protection
530 Systems, and 1335 is Floodproofing Regulations. He indicated the Fire Protection Systems may
531 create some issues for the City, as it may have an impact on townhomes and some commercial
532 buildings. He explained that 1306.0020 refers to existing and new buildings, and he read it for the
533 Council. He indicated the current language says if you addon, you not only have to put sprinklers in
534 the new part, but also the old. He stated that language stays, but the square footage drops to 2000
535 square feet, while it is currently 5000. He indicated that Option E-1 is something staff is considering,
536 which would require sprinkling on residential units (R3) with 8500 square feet of gross floor area.
537 This would address townhomes approximately six units or greater. He stated that while he thinks
538 overall it is a great thing for fire safety, the cost could be prohibitive, adding up to $7-8,000 per unit.
539
540 Community Development Director Grochala stated staff is recommending 1306 with E-2, and
541 suggested having the Fire Chief come to the work session next week to discuss further. He indicated
542 they could amend the ordinance later, and staff recommends approval. He added part of this is also a
43 new fee schedule.
544
545 Councilmember O'Donnell asked if this changed any timeframes from the existing code on when
546 things have to be completed. Community Development Director Grochala stated most times are
547 addressed in the zoning ordinance, not the building code.
548
549 Councilmember O'Donnell noted that it says six months. Community Development Director
550 Grochala stated he will review that. He indicated it was put together last year for escrow, and he will
551 review to see if it is consistent.
552
553 Mayor Bergeson asked how they applied building code changes to current projects, which are in
554 varying stages. Community Development Director Grochala stated he will firm that up with the City
555 Attorney, but typically anything that has been issued a building permit already would not see any
556 change. He indicated the question comes in on any plans that have been approved or are being
557 reviewed. He stated the International code was in affect 3/31, the City code will not be effective until
558 late May sometime, then anything that comes in will be under the new code. He indicated usually
559 anything under review will go by the old code.
560
561 Councilmember Reinert moved to approve First Reading of Ordinance No. 10-03, Adopting
562 Minnesota State Building Code. Councilmember O'Donnell seconded the motion.
563
564 Vote: Councilmember Reinert voted yea. Councilmember O'Donnell voted yea. Councilmember
565 Carlson voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea. Motion Carried
�
66 unanimously.
567
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COUNCIL MINUTES APRIL 14, 2003
APPROVED
568 Ordinance No. 10-03 can be found in the City Clerk's office.
569
570 UNFINISHED BUSINESS
571
572 There was none.
573
574 NEW BUSINESS
575 A. Approval of the January 27, 2003 City Council Minutes — removed from agenda
576 B. Approval of the February 10, 2003 City Council Minutes — removed from agenda
577 C. Approval of the March 19, 2003 Council Work Session Minutes
578 D. Approval of the March 24, 2003 City Council Minutes
579 E. Approval of the March 24, 2003 Special Council Minutes (Liquor Violation Hearing)
580
581 Councilmember Dahl moved to approve the minutes, Items C, D and E. Councilmember O'Donnell
582 seconded the motion.
583
584 Motion carried unanimously.
585
586 COMMUNITY CALENDAR April 15, 2003 THROUGH April 28, 2003:
587
588 A) Thursday, April 17, 2003, 6:30 p.m., Economic Development Committee
589 B) Saturday, April 19, 2003,11 a.m. to 2 p.m., Earth Day Celebration, Wargo
0590 Nature Center
591 C) Wednesday, April 23, 2003, 5:30 p.m., City Council Work Session
592 D) Monday, April 28, 2003, 6:30 p.m., City Council Meeting
593 E) Wednesday, April 30, 2003, 6:30 p.m., Environmental Board Meeting
594 ADJOURN
595
596 Before adjourning, City Attorney Sullivanasked that they revisit Item 2A, as it appears they were
597 looking for a Resolution accepting the gift to the Police Department.
598
599 Councilmember O'Donnell motioned to approve Resolution 03-49 accepting donation of equipment
600 to the Lino Lakes Police Department. Councilmember Dahl seconded the motion.
601
602 Motion Carried unanimously.
603
604 There being no further business, Councilmember Carlson moved to adjourn at 8:28 p.m.
605 Councilmember O'Donnell seconded the motion.
606
607 Motion carried unanimously.
•
608
609 These minutes were considered and approved at the regular Council Meeting, April 28, 2003.
13
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613
614
615
616 Transcribed by:
617 Karen Whaley
COUNCIL MINUTES
Ann Blair, C. Clerk
618 TimeSaver Off Site Secretarial, Inc.
619
APPROVED
14
APRIL 14, 2003
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