HomeMy WebLinkAbout07/26/2004 Council MinutesFINAL MINUTES
NOT APPROVED BY A MAJORITY OF THE COUNCIL (SEPTEMBER 13, 2004)
1 CITY OF LINO LAKES
• 2 MINUTES
3
4
5 DATE : July 26, 2004
6 TIME STARTED : 6:35 P.M.
7 TIME ENDED : 8:20 P.M.
8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert and Mayor
9 Bergeson
10 MEMBERS ABSENT : Councilmember Stoltz
11
12 Staff members present: City Administrator, Gordon Heitke; Community Development Director,
13 Michael Grochala; City Engineer, Jim Studenski; Director of Administration, Dan Tesch; and City
14 Attorney, Bill Hawkins.
15
16 OPEN MIKE
17
18 There was no one present who wished to speak.
19
20 SETTING THE AGENDA
21
22 Mayor Bergeson noted that Item 8B, Minutes of the June 14, 2004 City Council Meeting would be
23 considered at a future date.
S24
25 Councilmember Carlson asked that the July expenditures be considered after the variance they will be
26 reviewing later (item 6G) in the agenda. Mayor Bergeson moved Item lAi. to 7A under Unfinished
27 Business.
28
29 The agenda was approved as amended.
30
31 CONSENT AGENDA
32
33 Councilmember Carlson moved to approve the Consent Agenda Item lAii. Councilmember Reinert
34 seconded the motion.
35
36 Motion carried unanimously.
37
38 ITEM ACTION
39
40 A. CONSIDERATION OF EXPENDITURES:
41
42 ii) Centennial Fire District (Check No. 14363 -
43 14375, $56,013.69). Approved
44
45
46
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48 FINANCE DEPARTMENT REPORT, AL ROLEK
COUNCIL MINUTES JULY 26, 2004
FINAL MINUTES
NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004)
• 49
50 There was none.
51
52 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
53
54 A. Update Personnel Policy — Severance Policy
55
56 Director of Administration Tesch summarized the Staff report, indicating Staff recommends approval.
57
58 Councilmember Dahl asked if there were other changes that should be made to the Personnel Policy
59 at this time. Director of Administration Tesch advised this is a working document which is updated
60 occasionally as needed, and the Council may see other changes brought forth in future months.
61
62 Councilmember Carlson suggested moving the effective date of this change to January 1, 2004 to take
63 the emphasis off of one employee as long as no one else would be affected by that change. Director
64 of Administration Tesch indicated it would not affect anyone else. Councilmember Carlson noted she
65 is somewhat concerned with the 50% sick time provision after 10 years and would like to look at this
66 as they go forward with their union contracts.
67
68 Councilmember Carlson moved to update the severance provision of the Lino Lakes Personnel Policy
69 retroactive to January 1, 2004 as outlined in the Staff report. Councilmember Dahl seconded the
70 motion.
71
72 Motion carried unanimously.
73
74 B. Consider Conditional Offer of Employment to Hire Two Police Officers, Dan Tesch
75
76 Director of Administration Tesch summarized the Staff report, noting the request is to hire William
77 Kubes effective August 23, 2004 and Wayne Wegener, Jr. effective September 13, 2004, contingent
78 upon their successful completion of the background investigation, medical and psychological exams.
79
80 Councilmember Carlson moved to approve an offer of employment to Mr. William Kubes and Mr.
81 Wayne Wegener, Jr., contingent on a satisfactory outcome of their background checks and pre -
82 screening examinations. Councilmember Dahl seconded the motion.
83
84 Motion carried unanimously.
85
86 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
87
88 A. Consideration of Renewal of Otter Lake Animal Control Contract
89
90 Police Chief Pecchia summarized the Staff report, indicating Staff recommends approval.
91
92 Councilmember Reinert moved to approve the request to enter into a renewal contract with the Otter
93 Lake Animal Control Center. Councilmember Dahl seconded the motion.
.94
95 Motion carried unanimously.
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NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004)
• 96
97 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
98
99 There was none.
100
101 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
102
103 A. Consideration of FIRST READING of Ordinance No. 03-04, Vacating Drainage and
104 Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula,
105 Jim Studenski
106
107 Councilmember Dahl moved to continue the public hearing for the FIRST READING of Ordinance
108 No. 03-04 to the August 9, 2004 City Council Meeting. Councilmember Reinert seconded the
109 motion.
110
111 Motion carried unanimously.
112
113 B. Consideration of SECOND READING of Ordinance No. 20-04, Offering Sale of
114 Property to Legacy Holdings Lino Lakes, LLC, Mary Divine
115
116 Community Development Director Grochala summarized the Staff report, indicating Staff
117 recommends approval.
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118
119 Councilmember Reinert clarified the property was being sold for $4.50 per square foot.
120
121 Councilmember Reinert moved to approve the SECOND READING of Ordinance No. 20-04 offering
122 the sale of property to Legacy Holdings Lino Lakes, LLC. Councilmember Dahl seconded the
123 motion.
124
125 Motion carried. Councilmember Reinert voted yea. Councilmember Dahl voted yea.
126 Councilmember Carlson voted yea. Mayor Bergeson voted yea.
127
128 Ordinance No. 20-04 can be found in the City Clerk's office.
129
130 C. Consideration of Resolution No. 04-111, Authorizing Execution of Anoka County Solid
131 Waste Agreement, Marty Asleson
132
133 Community Development Director Grochala presented the Staff report, indicating Staff recommends
134 approval.
135
136 Councilmember Carlson moved to adopt Resolution No. 04-111 authorizing Execution of Anoka
137 County Contract #2003-0246, Agreement for Residential Recycling Program. Councilmember
138 Reinert seconded the motion.
139
140 Motion carried unanimously.
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141
142 Resolution No. 04-111 can be found in the City Clerk's office.
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COUNCIL MINUTES JULY 26, 2004
FINAL MINUTES
NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004)
0143
144 E. Consideration of Resolution No. 04-108, Approving Final Plat, Elm Street Estates
145 (formerly Lake View Estates), Jeff Smyser
146
147 Community Development Director Grochala summarized the Staff report, indicating Staff
148 recommends approval of the final plat.
149
150 Councilmember Dahl moved to adopt Resolution No. 04-108 approving the final plat for Elm Street
151 Estates. Councilmember Reinert seconded the motion.
152
153 Motion carried unanimously.
154
155 Resolution No. 04-108 can be found in the City Clerk's office.
156
157 F. Highland Meadows East 2nd Addition, Jeff Smyser
158
159 Community Development Director Grochala reviewed the Staff report and the various components of
160 this request.
161
162 Councilmember Carlson asked for an explanation of the table addressing lot widths. Community
163 Development Director Grochala advised in this type of development the lot is usually platted as the
164 pad the unit sits on, with the rest of the area becoming outlot. He stated the lot width is required to be
S
165 24 feet, whereas this development is proposing 46 feet.
166
167 Mayor Bergeson noted that it is his understanding the lots now meet the 25 -foot setback. Community
168 Development Director Grochala indicated that is correct.
169
170 i. Consideration of FIRST READING of Ordinance No. 10-04, Rezoning Certain
171 Real Estate from R-1, Single Family Residential to R-3, Medium Density
172 Residential
173
174 Steve Schmidt, TSM Development, advised the units they are proposing are more unique than
175 townhomes the Council may have seen in the past. He indicated they are currently building in Coon
176 Rapids. He explained the distance between living space is greater than you would typically see in a
177 townhome, even with bay windows on each end unit. He stated they have provided a larger three -car
178 garage option, and all of the units are three bedrooms.
179
180 Mr. Schmidt indicated these units will have bay windows on the middle units, with gables and shake,
181 and they will have several colors of building, roof and brick to choose from, as well as different
182 textures in shake to differentiate between the units.
183
184 He noted they have been well-received in Coon Rapids, and they are attempting to keep the price
185 reasonable with a starting price of $170,000 and up to $240,000.
186
187 Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 10-04 rezoning
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188 Certain Real Estate from R-1, Single Family Residential to R-3 Medium Density Residential for the
189 Highland Meadows East 2th Addition Development. Councilmember Dahl seconded the motion.
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COUNCIL MINUTES JULY 26, 2004
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NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004)
•190
191 Motion carried. Councilmember Reinert voted yea. Councilmember Dahl voted yea.
192 Councilmember Carlson voted yea. Mayor Bergeson voted yea.
193
194 Ordinance No. 10-04 can be found in the City Clerk's office.
195
196 ii. Consideration of Resolution No. 04-57, Approving Preliminary Plat and
197 Conditional Use Permit for a Planned Unit Development
198
199 Councilmember Dahl moved to approve Resolution No. 04-57 approving an application for a
200 Conditional Use Permit for a Residential Planned Unit Development and a Development Stage
201 Plan/Preliminary Plat for the Proposed Highland Meadows East 2nd Addition.
202
203 Motion carried unanimously.
204
205 Resolution No. 04-57 can be found in the City Clerk's office.
206
207 iii. Public Hearing, Consideration of FIRST READING of Ordinance No. 08-04,
208 Vacating Drainage and Utility Easement, Outlot A, Highland Meadows East
209
210 Mayor Bergeson opened the public hearing at 7:13 p.m.
211
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212 Mr. Schmidt noted they have re -looked at the holding pond and made some modifications. He
213 advised the pond has also been evaluated by the Rice Creek Watershed District.
214
215 Councilmember Reinert moved to close the public hearing at 7:15 p.m. Councilmember Dahl
216 seconded the motion.
217
218 Motion carried unanimously.
219
220 Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 08-04, vacating a
221 Drainage and Utility Easement on Outlot A, Highland Meadows East, to provide for the development
222 of Highland Meadows East 21' Addition. Councilmember Dahl seconded the motion.
223
224 Motion carried. Councilmember Reinert voted yea. Councilmember Dahl voted yea.
225 Councilmember Carlson voted yea. Mayor Bergeson voted yea.
226
227 G. Consideration of Resolution No. 04-110, Approving Variance to Reduce the Required
228 Side Yard Setback, 6396 Langer Lane, Paul Bengtson
229
230 City Planner Bengtson summarized the Staff report, indicating Staff recommends approval.
231
232 Councilmember Carlson expressed that when comparing the permit application to the final survey it
233 is apparent that the plans were changed, and would have had to be changed at the time the roof trusses
234 were ordered and the floor poured. She indicated she will vote no because she feels it is the
•235 responsibility of the builder to build to the specifications of the approved plans.
236
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NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004)
•237 Councilmember Dahl indicated her concern is in setting a precedent by approving this after the fact
238 when many people come to the City before they build, as is intended, and may or may not receive a
239 variance. She stated she is not inclined to approve this request when there were changes that could
240 have been made during building to prevent the need for a variance. She suggested they take this back
241 to a work session to find a way to get through this.
242
243 City Planner Bengtson indicated the permit is based on a flat piece of paper, and occasionally the
244 stakes used to measure out the foundation can slide because of grade change. He does not believe
245 there was an increase to the square footage of the home or the garage, but only a misplacement of the
246 stakes.
247
248 Community Development Director Grochala stated he believes the garage slid slightly during
249 construction, and since the lot line is not completely straight, the back corner needs a minor variance.
250 He noted this rarely happens, and he has only seen two in the last three years.
251
252 Councilmember Reinert commented that if they do not approve this variance they will have a
253 property stuck in a legal situation, and the owners will suffer, not the builder. He indicated it looks
254 like there may have been some sloppy work, but it was not the owner's fault. He agreed he does not
255 like these situations that come in after the fact, the alternative the Council is facing is requiring the
256 building to be torn down or let it continue in an illegal situation. He stated he will vote for it, as he
257 thinks that is the right way to handle it.
258
59 Mayor Bergeson noted that concerning the comment that the builder knew about the error when they
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260 ordered the trusses, if the trusses go front to back the slightly different dimensions would not have
261 changed the size or number of trusses needed. He stated it is really only the placement of the garage
262 and narrowing of the lot that created the need for a variance. He suggested they consider a penalty to
263 the builder in these situations, rather than penalizing the owner.
264
265 Councilmember Reinert moved to adopt Resolution No. 04-110 approving a Variance to allow a 3.9
266 foot side yard setback for an accessory building where 5.0 feet is required. Mayor Bergeson seconded
267 the motion.
268
269 Councilmember Dahl indicated she would like to find a solution to these types of situations so it does
270 not happen again before they approve this variance. Councilmember Reinert commented the Council
271 needs to focus on the agenda item at hand. He stated that agenda item is not to solve this issue, but to
272 approve or deny a variance for Curt and Kelly Monson.
273
274 Community Development Director Grochala indicated he does not think there is anything the Council
275 can do to guarantee they will never see this type of issue again. He stated that in this particular case
276 they also need to take into account the lack of severity in the variance request. He noted the front of
277 the building meets the requirements, and at the worst point it is 1.1 feet in violation. He does not
278 believe there was intent to deceive in this case. He indicated the Council has three options, and based
279 on Staff review they feel they should recommend the variance be approved.
280
281 Councilmember Carlson stated she would like the builder to come in and explain the situation to the
082 Council. Mayor Bergeson indicated he thinks they are dealing with an honest mistake and a minor
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COUNCIL MINUTES JULY 26, 2004
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NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004)
083 mistake at that. He believes they should approve the variance, and since each situation is unique, they
284 are not setting a precedent.
285
286 Councilmember Dahl indicated she also talked to someone about this in the building industry who
287 said it was not really an issue because of the path and greenway next to the property.
288
289 Motion carried. Vote 3:1 Councilmember Carlson voted nay.
290
291 Resolution No. 04-110 can be found in the City Clerk's office.
292
293 City Administrator Heitke noted that he believes it is clear both from the work session and the
294 discussion tonight that no one wants to encourage people to beg for forgiveness after the fact. He
295 stated he will talk to Staff and Legal Council to determine the City's ability to impose penalties to try
296 to prevent this from happening again.
297
298 H. Consideration of SECOND READING of Ordinance No. 18-04, Rezoning Certain Real
299 Estate to R -1X, Single Family Executive, Junes Addition, Jeff Smyser
300
301 Community Development Director Grochala summarized the Staff report, indicating Staff
302 recommends approval of the request.
303
304 Councilmember Carlson moved to approve the SECOND READING of Ordinance No. 18-04,
al305 Rezoning Certain Real Estate from Rural — R to Residential Executive — R -1X for the Junes Addition.
306 Councilmember Dahl seconded the motion.
307
308 Motion carried unanimously.
309
310 Ordinance No. 18-04 can be found in the City Clerk's office.
311
312 I. Consideration of Resolution No. 04-104, Authorizing Development Agreement, Marshan
313 Estates, Jim Studenski
314
315 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval.
316
317 Councilmember Reinert moved to adopt Resolution No. 04-104 authorizing Execution of
318 Development Agreement for Marshan Estates. Councilmember Dahl seconded the motion.
319
320 Motion carried unanimously.
321
322 Resolution No. 04-104 can be found in the City Clerk's office.
323
324 J. Consideration of Resolution No. 04-109, Awarding Contract, Marshan Lane Utility
325 Improvement Project, Jim Studenski
326
327 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval of this
28 request.
29
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COUNCIL MINUTES JULY 26, 2004
FINAL MINUTES
NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004)
0330 Councilmember Carlson moved to adopt Resolution No. 04-109 awarding a construction contract,
331 Marshan Lane Utility Improvement Project. Councilmember Dahl seconded the motion.
332
333 Motion carried unanimously.
334
335 Mayor Bergeson asked Staff to clarify the Resolution number, which is different between the agenda
336 and the Staff report.
337
338 Resolution No. 04-109 can be found in the City Clerk's office.
339
340 K. Consideration of Resolution No. 04-105, Approving Payment No. 3, and Change Order
341 No. 1, 2003 Surface Water Management Project, Jim Studenski
342
343 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval.
344
345 Councilmember Dahl moved to adopt Resolution No. 04-105 approving Change Order No. 1 and
346 Payment Request No. 3, 2003 Surface Water Management Project. Councilmember Carlson
347 seconded the motion.
348
349 Motion carried unanimously.
350
351 Resolution No. 04-105 can be found in the City Clerk's office.
52
53 L. Consideration of Resolution No. 04-106, Accepting Bids and Awarding Contract, Holly
354 Drive Improvement Project, Jim Studenski
355
356 City Engineer Studenski presented the Staff report, stating Staff recommends accepting the bids and
357 awarding the contract. He noted that since the Staff report was prepared there has been additional
358 discussion on extending some of the water main, and Rice Creek will also need some additional
359 improvements. He stated both will be small dollar amounts, and will be brought forth as a change
360 order request at a later time.
361
362 Councilmember Dahl asked how long the project would take. City Engineer Studenski indicated that
363 because of the minimal amount of utilities involved the project should go fairly quickly;
364 approximately eight to ten weeks.
365
366 Councilmember Dahl asked if this blacktop road will be thicker than the road is now. City Engineer
367 Studenski indicated the road varies quite a bit in width and depth today, and will be uniform and
368 standard upon completion. He stated the roads are designed for seven -ton, with high traffic areas
369 having a nine -ton design, which is typical for Lino Lakes streets.
370
371 Councilmember Reinert moved to adopt Resolution No. 04-106, accepting bids and awarding a
372 construction contract for Holly Drive Improvements Project. Councilmember Carlson seconded the
373 motion.
374
75 Motion carried unanimously.
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NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004)
077 Resolution No. 04-106 can be found in the City Clerk's office.
378
379 M. Consideration of Resolution No. 04-107, Approving Payment No. 3, 2003 and Change
380 Order No. 2, 21St Avenue Improvement Project, Jim Studenski
381
382 City Engineer Studenski presented the Staff report, indicating Staff recommends approval of the
383 request.
384
385 Councilmember Reinert clarified that even with this addition it is within 10% of the Engineer's
386 Estimate. City Engineer Studenski advised that it is still below the Engineer's Estimate, and there
387 was a contingency for this project because it is an assessed project.
388
389 Councilmember Reinert moved to adopt Resolution No. 04-107, approving Change Order No. 2 and
390 Payment Request No. 3, 21St Avenue Street and Storm Sewer Improvements Project. Councilmember
391 Dahl seconded the motion.
392
393 Motion carried unanimously.
394
395 Councilmember Carlson stated she wanted to give credit to Staff for bringing this project through.
396 She expressed that they did a great job working with Centerville on the project and getting the
397 businesses to cooperate. She indicated she drove by there on Sunday and it is a great improvement.
398
99 Resolution No. 04-107 can be found in the City Clerk's office.
400
401 UNFINISHED BUSINESS
402
403 A. CONSIDERATION OF EXPENDITURES:
404
405 i) July 26, 2004 (Check No. 71471 -
406 71578, $990,514.97). Approved
407
408 Councilmember Carlson indicated she pulled this because Bacchus Homes, Inc. was on the
409 expenditures list for $1,500 and it would be an outstanding item until they voted on the variance,
410 which was Item 6G.
411
412 Councilmember Carlson moved to approve the July 26, 2004 expenditures. Councilmember Dahl
413 seconded the motion.
414
415 Motion carried unanimously.
416
417 NEW BUSINESS
418
419 C. Approval of minutes of City Council Meeting, June 28, 2004
420
421 It was noted Page 3, Line 98 should say `finances' rather than `departments'.
022
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•423 Councilmember Dahl moved to approve the June 28, 2004 minutes as amended. Councilmember
424 Carlson seconded the motion.
425
426 Motion carried unanimously.
427
428 D. Approval of minutes of Council Work Session, July 7, 2004
429
430 Councilmember Dahl moved to approve the July 7, 2004 minutes as presented. Councilmember
431 Carlson seconded the motion.
432
433 Motion carried. Mayor Bergeson abstained.
434
435 E. Approval of minutes of City Council Meeting, July 12, 2004
436
437 It was noted Page 5, Line 238 should be `Vote: 3 Ayes, 1 Nay.'
438
439 Councilmember Dahl moved to approve the July 12, 2004 minutes as amended. Mayor Bergeson
440 seconded the motion.
441
442 Motion carried. Councilmember Reinert abstained.
443
444 COMMUNITY CALENDAR July 27 THROUGH August 9, 2004:
.445
446 A) Wednesday, July 28, 2004, 6:30 p.m., Environmental Board Meeting
447
448 B) Monday, August 2, 2004, 6:30 p.m., Park Board Meeting
449
450 C) Tuesday, August 3, 2004, National Night Out
451
452 D) Wednesday, August 4, 2004, 5:30 p.m., Council Work Session
453 E) Thursday, August 5, 2004, 7:00 a.m., EDAC Meeting
454
455 F) Monday, August 9, 2004, 6:30 p.m., City Council Meeting
456 ADJOURN
457
458 There being no further business, Councilmember Reinert moved to adjourn at 8:20 p.m.
459 Councilmember Dahl seconded the motion.
460
461 Motion carried unanimously.
462
463 These minutes were considered at the regular Council Meeting, September 13, 2004. Motion by
464 Carlson, seconded by Dahl, to approve the minutes with amendments. Vote: two ayes, two nays.
465 The motion failed. Councilmembers Dahl and Carlson voted aye. Councilmembers Bergeson and
Aft 466 Reinert voted nay. Councilmember Stoltz abstained. Upon advice of City Attorney Bill Hawkins,
• 467 these minutes are to be labeled "Final — Not Approved by a Majority of the Council."
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COUNCIL MINUTES
JULY 26, 2004
FINAL MINUTES
NOT APPROVED BY A MAJORITY OF COUNCIL (SEPTEMBER 13, 2004)
473 Ann Blair, fity Clerk
474
475 Transcribed by:
476 Karen Bucklen
477 TimeSaver Off Site Secretarial, Inc.
478
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