HomeMy WebLinkAbout08/22/2005 Council MinutesAPPROVED
CITY OF LINO LAKES
MINUTES
4
5 DATE : August 22, 2005
6 TIME STARTED : 6:32 P.M.
7 TIME ENDED : 9:45 P.M.
8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz
9 and Mayor Bergeson
10 MEMBERS ABSENT : None
11
12 Staff members present: City Administrator, Gordon Heitke; Director of Administration, Dan Tesch
13 (part); Community Development Director, Michael Grochala; City Engineer, Jim Studenski; City
14 Planner, Jeff Smyser; City Planner, Paul Bengston (part); Police Chief, Dave Pecchia; City Attorney,
15 Bill Hawkins; and City Clerk, Ann Blair.
16
17 OPEN MIKE
18
19 There was none.
20
21 SETTING THE AGENDA
22
W.
Mayor Bergeson noted Item 6E, Extension of VLAWMO Joint Powers Agreement, has been added.
24 He also noted Item 6A ii has been removed.
25
26 Councilmember Carlson requested August 30, 2005, 4:00 p.m., Council Budget Meeting, be added to
27 the Community Calendar. City Administrator Heitke noted the start time is 4:30 p.m.
28
29 Councilmember Carlson requested the minutes of July 11, 2005, July 20, 2005, and August 8, 2005
30 be moved to Unfinished Business.
31
32 The agenda was accepted as amended.
33
34 CONSENT AGENDA
35
36 Councilmember Dahl moved to approve the Consent Agenda. Councilmember Carlson seconded the
37 motion.
38
39 Motion carried unanimously.
40
41 ITEM ACTION
42
43 A. CONSIDERATION OF EXPENDITURES:
44
III 45 i) August 22, 2005 (Check No. 74513 —
COUNCIL MINUTES AUGUST 22, 2005
APPROVED
74628,$384,114.19). Approved
•46
47
48 ii) Centennial Fire District (Check No. 14834 -
49 14865, $12,468.10) Approved
50
51 B. CONSIDERATION OF LIONS ANNUAL
52 PHEASANT FEED Approved
53
54 C. CONSIDERATION OF APPROVAL OF
55 BLOCK PARTY ON GOLDENROD CIRCLE Approved
56
57 D. CONSIDERATION OF MINUTES OF
58 JULY 11, 2005 CITY COUNCIL MEETING Removed
59
60 E. CONSIDERATION OF MINUTES OF
61 JULY 20, 2005 COUNCIL WORK SESSION Removed
62
63 F. CONSIDERATION OF MINUTES OF
64 JULY 25, 2005 CITY COUNCIL MEETING Approved
65
66 G. CONSIDERATION OF MINUTES OF
67 AUGUST 8, 2005 CITY COUNCIL MEETING Removed
• 68
69 FINANCE DEPARTMENT REPORT, AL ROLEK
70
71 There was none.
72
73 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
74
75 A. Consideration of Resolution No. 05-117, Approving Joint Powers Agreement between
76 County of Anoka and City of Lino Lakes, Assessment of Property
77
78 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval.
79
80 Councilmember Stoltz moved to adopt Resolution No. 05-117, Approving Joint Powers Agreement
81 between County of Anoka and City of Lino Lakes, Assessment of Property. Councilmember Dahl
82 seconded the motion.
83
84 Motion carried unanimously.
85
86 Resolution No. 05-117 can be found in the City Clerk's office.
87
88 B. Consideration of Resignation of Sergeant Steve Mortenson
Aft 89
lip 90 Director of Administration Tesch summarized the Staff report, indicating Staff recommends approval.
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APPROVED
•91
92 Councilmember Carlson moved to approve the resignation of Sergeant Steve Mortenson.
93 Councilmember Dahl seconded the motion.
94
95 Motion carried unanimously.
96
97 C. Consideration of Conditional Offer of Employment to Mr. Vince Klosner
98
99 Director of Administration Tesch presented the Staff report, indicating Staff recommends approval.
100
101 Councilmember Stoltz moved to approve the conditional offer of employment to Mr. Vince Klosner.
102 Councilmember Reinert seconded the motion.
103
104 Motion carried unanimously.
105
106 D. Consideration of Accepting Resignation of Ann Blair, City Clerk
107
108 Director of Administration Tesch summarized the Staff report, indicating Staff recommends approval.
109
110 Councilmember Dahl moved to approve the resignation of Ann Blair, City Clerk. Councilmember
111 Reinert seconded the motion.
112
•13 Motion carried unanimously.
114
115 E. Extension of VLAWMO Joint Powers Agreement
116
117 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval.
118
119 City Attorney Hawkins stated the Agreement runs until January 1, 2005 and can be extended one
120 more time, until January 1, 2006; however, there is no obligation to extend. If the Agreement is not
121 extended, Lino Lakes would need to take over water management duties.
122
123 Councilmember Stoltz asked if the Agreement is not extended, does the watershed district have an
124 obligation to service Rice Creek. City Attorney Hawkins stated this would need to be reviewed.
125
126 Councilmember Carlson expressed concern as to whether the City is prepared to meet the wastewater
127 management act, if they take over. over are they prepared to meet the wastewater management act.
128 She added there needs to be an exit strategy. City Administrator Heitke stated Staff shares this
129 concern, noting they are not currently prepared to explain all implications of not extending the
130 Agreement. He added since the Agreement terminates at the end of the year, there is a little bit of
131 time.
132
133 Mayor Bergeson stated if the City joins with another watershed district, that district should draft a
Ask134 plan and comply with appropriate laws. He added it seems like merging would give the City some
135 layer of protection, and the City should shy away from taking over this responsibility.
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APPROVED
a36
37 Councilmember Carlson suggested the City either merge with a district the first of the year or remove
138 the City from a district for a year and merge at a later date. City Attorney Hawkins stated he cannot
139 address the watershed district laws, but could do further investigation.
140
141 Councilmember Reinert stated he does not believe this is something the City can just take over.
142
143 Councilmember Reinert moved to send correspondence informing the VLAWMO Board that the City
144 is conducting a legal review of the JPA and at this time prefers to merge into a watershed.
145 Councilmember Carlson seconded the motion.
146
147 Motion carried unanimously.
148
149 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
150
151 A. Consideration of Resolution No. 05-119, Promoting the Use of Intrastate Mutual -Aid
152 Agreements
153
154 Police Chief Pecchia summarized the Staff report, indicating Staff recommends approval.
155
156 Councilmember Dahl moved to adopt Resolution No. 05-119, Promoting the Use of Intrastate
157 Mutual -Aid Agreements. Councilmember Carlson seconded the motion.
058
159 Motion carried unanimously.
160
161 Resolution No. 05-119 can be found in the City Clerk's office.
162
163 B. Consideration of Resolution No. 05-120, Authorizing Appropriation of Unclaimed
164 Property
165
166 Police Chief Pecchia summarized the Staff report, indicating Staff recommends approval.
167
168 Councilmember Carlson asked for clarification that the television was located in June of 2000 and no
169 one has claimed it. Police Chief Pecchia stated that is correct.
170
171 Councilmember Stoltz moved to adopt Resolution No. 05-120, Authorizing Appropriation of
172 Unclaimed Property. Councilmember Reinert seconded the motion.
173
174 Motion carried unanimously.
175
176 Resolution No. 05-120 can be found in the City Clerk's office.
177
178 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
179
W80 There was none.
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APPROVED
.81
82 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
183
184 A. E.G. Rud, Paul Bengston
185
186 i. Consideration of Resolution No. 05-124, Approving Preliminary Plat
187
188 City Planner Bengston summarized the Staff report, indicating Staff recommends approval.
189
190 Councilmember Reinert asked if there has been further discussion about the gateway signage that the
191 City would like to place on that corner. City Planner Bengston replied the issue was recently
192 discussed with the property owners and they are willing to work with the City.
193
194 Councilmember Reinert moved to adopt Resolution No. 05-124, Approving Preliminary Plat.
195 Councilmember Dahl seconded the motion.
196
197 Motion carried unanimously.
198
199 Resolution No. 05-124 can be found in the City Clerk's office.
200
201
202
003 This item was removed from the agenda.
204
205 B. Consideration of Resolution No. 05-123, Denying Variance to Rear Yard Setback from
206 Ordinary High Water Level at 6868 West Shadow Lake Drive, Benton Erickson, Paul
207 Bengston
208
209 City Planner Bengston summarized the Staff report, indicating Staff recommends approval.
210
211 Councilmember Carlson inquired as to whether the proposed deck, if it encroached any further, would
212 exceed the existing cement patio. City Planner Bengston replied the patio is considered an accessory;
213 it is not included in the measurement and is allowed to encroach into the setback.
214
215 Councilmember Dahl questioned a deck versus a patio. She also asked if the 100 -foot setback from
216 the water line fluctuates each year. City Planner Bengston replied there is no difference; it would
217 need to be an inhabitable structure. He added the water line is set by the DNR and does not normally
218 change.
219
220 Mayor Bergeson asked about sewer. City Planner Bengston replied the setback would be reduced to
221 75 feet.
222
223 Councilmember Reinert stated he does not believe the proposal is too encroaching and would be in
Aii224 favor of the variance.
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COUNCIL MINUTES AUGUST 22, 2005
APPROVED
.26 Benton Erickson, 6868 West Shadow Lake Drive, briefly reviewed the process that was undertaken,
27 and the proposal. He stated another house on the road was treated differently for the same situation.
228
229 Councilmember Carlson asked for an explanation of 50 feet. City Planner Bengston replied the shore
230 impact zone must be 50 percent of the 100 -foot setback from the water line.
231
232 Councilmember Dahl noted the Planning and Zoning Board recommended denial; however no
233 minutes or comments were provided. She also asked how far the existing structure sticks out. City
234 Planner Bengston replied comments were based on findings of fact; the vote was anonymous. He
235 added the structure sticks out 8 feet on one side and 4 feet on the other.
236
237 Councilmember Dahl referenced page 3, item d, and asked if each variance stands on its own merit.
238 City Planner Bengston replied the shoreline ordinance says if there is an existing structure on the
239 neighboring lot they, too, can use the setback.
240
241 Mayor Bergeson stated most lots were filled, but this one has not been; therefore, it makes it a unique
242 situation. He referenced a similar situation that was presented to the Rice Creek Watershed District
243 with a result of allowing the measurement at the lot line, so then the north property would have to
244 request a separate variance.
245
246 Mayor Bergeson moved to approve a setback variance from the ordinary high water mark of 70 feet as
247 measured at the lot lines at 6868 West Shadow Lake Drive. Councilmember Dahl seconded the
*48 motion.
249
250 City Planner Bengston stated he is not sure how Staff would be able to track and measure this. He
251 suggested the request be returned to Staff.
252
253 Community Development Director Grochala stated if particular numbers are put in, the mean distance
254 would be the maximum. He added he is concerned with establishing what is the ordinarily high
255 elevation. This high elevation encroaches back into the property, probably 15 feet, which creates the
256 issue. He questioned if Mayor Bergeson was suggesting using the property corner points as the form
257 of measurement. City Attorney Hawkins stated it could be measured this way.
258
259 Councilmember Carlson suggested looking at changing the ordinance if there is a measurement
260 question. City Planner Bengston replied this would be a way of clarification for the future. He added
261 for this request, Council may be able to approve it as a hardship case. He noted setting a specific
262 number is difficult because if the measurements were originally incorrect, the request would need to
263 come back again for approval.
264
265 Councilmember Carlson stated she will vote "no" on the request because her main concern is
266 protecting the lake. She reiterated the Board votes and the DNR correspondence.
267
268 City Attorney Hawkins reminded Council of the criteria that needs to be considered, stating there
•269 needs to be facts to justify granting a variance. He added if the justification does not fit in any of the
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COUNCIL MINUTES AUGUST 22, 2005
APPROVED
S70 Findings of Fact categories, in the future the Council might not be able to defend. He noted
71 measurement is an ordinance question, not a criteria for variance.
272
273 Councilmember Carlson asked for clarification that all of the Findings of Fact be met. City Attorney
274 Hawkins replied no, all might not be applicable.
275
276 Mayor Bergeson stated the reason he suggested a motion was to minimize the precedent and impact
277 on future lots.
278
279 Councilmember Carlson questioned what the Findings of Fact would be for approving the variance.
280 Mayor Bergeson stated Item b, because the one homeowner who did not fill their lot has a physical
281 circumstance that is unique to the property and not created by them.
282
283 Councilmember Stoltz agreed there are physical circumstances due to lot uniqueness.
284
285 Councilmember Dahl wished to clarify that neither Staff nor City Attorney Hawkins could find a
286 reason for approving the variance. City Attorney Hawkins stated it is not his position to find a reason,
287 but to advise Council on procedures. City Planner Bengston stated Staff could not find a reason.
288
289 Councilmember Carlson read the provisions of variances.
290
291 Motion carried 4-1. Councilmember Carlson nay.
*92
293 Resolution No. 05-123 can be found in the City Clerk's office.
294
295 C. Public Hearing, Lois Lane Utility Extension, Jim Studenski
296
297 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval.
298
299 Mayor Bergeson opened the public hearing at 8:05 p.m.
300
301 Darryl Frieberg, 7870 Meadowview Trail, asked if his property would be connected to Lois Lane. He
302 also asked for clarification that he could subdivide into three parcels. City Engineer Studenski replied
303 the utilities proposed are only on Lois Lane, and Mr. Frieberg has enough frontage; therefore, he
304 could subdivide into three parcels, all on Lois Lane, and have utility hook-up.
305
306 Tim Anderson, 547 Lois Lane, stated in speaking for himself and surrounding neighbors, his
307 understanding is that all are in favor of the project.
308
309 Mayor Bergeson, with Council approval, closed the public hearing at 8:12 p.m.
310
311 D. Foxborough, Jeff Smyser
312
313 i. Consideration of Resolution No. 05-122, Approving Development Agreement
•314
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COUNCIL MINUTES AUGUST 22, 2005
APPROVED
15 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval.
W16
317 Councilmember Reinert moved to adopt Resolution No. 05-122, Approving Development Agreement.
318 Councilmember Stoltz seconded the motion.
319
320 Motion carried unanimously.
321
322 Resolution No. 05-122 can be found in the City Clerk's office.
323
324 ii. Consideration of Resolution No. 05-121, Approving Final Plat and Accepting a
325 Conservation Easement
326
327 City Planner Smyser summarized the Staff report, indicating Staff recommends approval.
328
329 Mayor Bergeson noted the conservation easement endowment, asking what is the worst-case scenario
330 for the City regarding investments. City Planner Smyser replied if the endowment does not produce
331 interest there are no dollars to implement the plan.
332
333 Community Development Director Grochala stated the dollars would dictate timing and restoration.
334 The attempt is to restore areas to a native, natural environment as dollars become available.
335
336 City Attorney Hawkins stated there is no taxpayer responsibility; Staff must invest in safe, secure
.37 investments.
338
339 Councilmember Reinert moved to adopt Resolution No. 05-121, Approving Final Plat and Accepting
340 a Conservation Easement. Councilmember Dahl seconded the motion.
341
342 Motion carried unanimously.
343
344 Resolution No. 05-121 can be found in the City Clerk's office.
345
346 E. Consideration of Resolution No. 05-126, Accepting Bids and Awarding Contract, Legacy
347 at Woods Edge, Michael Grochala/Bob Moberg, SEH
348
349 Bob Moberg, SEH, Inc. summarized the Staff report, indicating Staff recommends approval.
350
351 Councilmember Dahl moved to adopt Resolution No. 05-126, Accepting Bids and Awarding
352 Contract, Legacy at Woods Edge. Councilmember Stoltz seconded the motion.
353
354 Motion carried unanimously.
355
356 Resolution No. 05-126 can be found in the City Clerk's office.
357
358 F. Consider FIRST READING of Ordinance No. 05-05, Amending Sign Ordinance to
ip59 Address Temporary Signage and Additional Wall Signs, Jeff Smyser
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COUNCIL MINUTES AUGUST 22, 2005
APPROVED
.60
61 City Planner Smyser summarized the Staff report, indicating Staff recommends approval. He noted
362 on page 17 of 30, Item AA, 3, the last sentence, "The signs shall be located only on exterior walls
363 which are directly related to the use being identified" should be deleted.
364
365 Councilmember Carlson noted the permit period, which is good for 17 consecutive days and begins
366 on Friday. She questioned if the event is on a Wednesday, an advertiser would not be able to
367 advertise for the full 17 days. She suggested the permit period "always on Friday" be stricken. City
368 Planner Smyser replied an advertiser would lose a few days. He added the Friday begin period was
369 included for consistency and to allow advertisers to have three weekends.
370
371 Mayor Bergeson stated an advertiser might not be concerned with weekends, just the amount of
372 advertising days. He added the permit period begin date could be changed, with reasons.
373
374 Councilmember Carlson asked if "each sign needs a permit" applies to churches and politics. City
375 Planner Smyser stated it applies to churches; however, politics are trumped by state statute.
376
377 Mayor Bergeson stated community practice for churches and schools that are not located on a main
378 street is to put signs on other main streets to announce their event. City Planner Smyser stated current
379 ordinance does not allow this off-site advertising but it has become practice.
380
381 City Administrator Heitke asked for clarification regarding the uniqueness of signs in residential
082 areas, each residence can have one temporary or permanent sign for whatever reason. City Planner
383 Smyser stated it is unusual and stems from the American Planning Association due to a question
384 regarding the difference between residential and business advertising.
385
386 Councilmember Reinert asked if homeowner's association restrictions on signs trump this regulation.
387 City Planner Smyser replied homeowner's associations are not exempt, but can be more restrictive.
388
389 Councilmember Carlson asked if covenants take precedence. City Planner Smyser replied
390 homeowner's associations adopt covenants.
391
392 Councilmember Dahl asked about signs in residential yards that support our troops. City Planner
393 Smyser replied residents can have one sign of any type in their yard.
394
395 Mayor Bergeson commented he is surprised there are no business owners here tonight; they attended
396 several Planning and Zoning Board meetings. City Planner Smyser replied there was attendance on
397 rare occasions, although owners were notified.
398
399 Mayor Bergeson asked about highway signs that direct people to a major attraction. City Planner
400 Smyser replied on freeways the Department of Transportation (DOT) has a program where advertisers
401 can pay to put their business on signs; the City has no jurisdiction.
402
isi403 Mayor Bergeson noted banners and portable signs are tied together in the ordinance, and asked if a
04 resident can have one of each. City Planner Smyser replied yes, they can have one of each.
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COUNCIL MINUTES AUGUST 22, 2005
APPROVED
Afte05
06 Mayor Bergeson asked if Council were to approve the first reading, does it start a clock to deal with a
407 second reading. City Planner Smyser replied no.
408
409 Councilmember Stoltz moved to approve the FIRST READING of Ordinance No. 05-05, Amending
410 Sign Ordinance to Address Temporary Signage and Additional Wall Signs with the Deletion of Page
411 17 of 30, Item AA, 3, the Last Sentence. Councilmember Reinert seconded the motion.
412
413 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea.
414 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea.
415
416 G. Consider FIRST READING of Ordinance No. 07-05, Amending Zoning Ordinance to
417 Regulate Exterior Building Materials for Commercial, Industrial, and Institutional
418 Structures, Jeff Smyser
419
420 City Planner Smyser summarized the Staff report, indicating Staff recommends approval.
421
422 Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 07-05, Amending
423 Zoning Ordinance to Regulate Exterior Building Materials for Commercial, Industrial, and
424 Institutional Structures. Councilmember Dahl seconded the motion.
425
426 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea.
027 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea.
428
429 H. Consideration of Resolution No. 05-118, Approving Plans for CSAH 14/8 Improvement
430 Project, Michael Grochala
431
432 Community Development Director Michael Grochala summarized the Staff report, indicating Staff
433 recommends approval.
434
435 Councilmember Dahl moved to adopt Resolution No. 05-118, Approving Plans for CSAH 14/8
436 Improvement Project. Councilmember Stoltz seconded the motion.
437
438 Motion carried unanimously.
439
440 Resolution No. 05-118 can be found in the City Clerk's office.
441
442 UNFINISHED BUSINESS
443
444 A. Consideration of Minutes of July 11, 2005 City Council Meeting
445
446 Councilmember Carlson noted on page 2, line 87, it should say "...regarding size assessment."
447
448 Councilmember Carlson noted on page 3, line 135, it should say "...seven lots in the developments
•49 north of the school..."
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COUNCIL MINUTES AUGUST 22, 2005
APPROVED
•450
451 Councilmember Carlson noted on page 3, line 136, it should say "...seven lots in the developments
452 due..."
453
454 B. Consideration of Minutes of July 20, 2005 Council Work Session
455
456 Councilmember Carlson noted on page 2, line 46, it should say "...Commission. Council and
457 directed..."
458
459 C. Consideration of Minutes of August 8, 2005 City Council Meeting
460
461 Councilmember Carlson noted on page 3, line 112, it should say "...Guidelines and Referencing the
462 Business Subsidy Policy."
463
464 Councilmember Dahl moved to approve the July 11, 2005, July 20, 2005, and August 8, 2005
465 minutes. Councilmember Carlson seconded the motion.
466
467 Motion carried unanimously.
468
469 NEW BUSINESS
470
471 There was none.
072
473 COMMUNITY CALENDAR August 23, 2005 THROUGH September 12, 2005:
474
475 A) Tuesday, August 30, 2005, 4:30 p.m., City Council Budget Meeting
476 B) Wednesday, August 31, 2005, 6:30 p.m., Environmental Board Meeting
477 C) Thursday, September 1, 2005; 7:00 a.m., EDAC Meeting
478 D) Monday, September 5, 2005, City Hall Closed in Observance of Labor Day
479
480 E) Tuesday, September 6, 2005, 6:30 p.m., Park Board Meeting & Tour
481 F) Wednesday, September 7, 2005; 5:30 p.m., Council Work Session
482 G) Monday, September 12, 2005, 6:30 p.m., City Council Meeting
483
484 ADJOURN
485
486 There being no further business, Councilmember Stoltz moved to adjourn at 9:45 p.m.
487 Councilmember Dahl seconded the motion.
488
089 Motion carried unanimously.
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COUNCIL MINUTES
APPROVED
AUGUST 22, 2005
90
491 These minutes were considered and approved at the regular Council Meeting, September 26, 2005.
492
493
494 \ n t
495 �► :1 �% V v [L)
496 Jean Viger, `-puty Clerk
497
498 Transcribed by:
499 Cheryl Felix
500 TimeSaver Off Site Secretarial, Inc.
501