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HomeMy WebLinkAbout04/02/2007 Council Minutes• • CITY COUNCIL WORK SESSION April 2, 2007 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : April 2, 2007 5 TIME STARTED : 5:35 p.m. 6 TIME ENDED : 8:10 p.m. 7 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, 8 Reinert, Stoltz and Mayor Bergeson 9 MEMBERS ABSENT : None 10 11 12 Staff members present: City Administrator, Gordon Heitke; Public Safety Director, Dave 13 Pecchia (part); Environmental Coordinator, Marty Asleson (part); Senior Planner, Jeff 14 Smyser; City Engineer, Jim Studenski; and City Clerk, Julie Bartell 15 16 PHEASANT HILLS 13TH (ISLAND) — REQUEST TO DESIGNATE PROPOSED 17 BRIDGE AS PUBLIC ROAD 18 19 Planner Smyser explained that the Pheasant Hills 12th Addition project was approved by 20 the Council in 2004 with the understanding that it would include a private bridge and 21 utilities. The City has since been contacted by the project developer Ed Vaughan with a 22 request to designate the bridge to the island development as a public road project in order 23 to gain the approval of the Department of Natural Resources (DNR). 24 25 Planner Smyser reported that the staff recommendation has not changed as there is no 26 clear public purpose and maintenance of the facilities would be expensive for the city. 27 28 Ed Vaughan explained that he originally intended to pay for a bridge and had DNR 29 approval in 2004 but price fluctuations without a time guarantee caused him to hold off 30 on a construction contract. The DNR is not willing to allow the same bridge to be built 31 now and an alternative spot is failing to meet their requirements. His request to the 32 Council is not for a bridge but for a fire road to the island. The DNR would approve a 33 road if it were requested by the city. 34 35 Staff confirmed that a road would have no more public purpose than the originally 36 planned bridge. Planner Smyser added the project process has included an Environmental 37 Assessment Worksheet (EAW) and that may have to be redone with any project 38 modifications. 39 40 The Council requested that staff contact the DNR to get more information on what type of 41 a roadway they would require. The Council will review new information and talk with 42 the city attorney about what prior approval means. 43 CITY COUNCIL WORK SESSION April 2, 2007 APPROVED • 1 Planner Smyser further advised the council that the preliminary plat approval for the 2 project has technically expired; an amendment of the plans from bridge to roadway could 3 change the plans also. 4 5 The Council requested that staff research and report back on why the private bridge was 6 originally approved by the DNR. Mr. Vaughan was advised that the Council's request for 7 additional information did not represent a decision on their part pro or con. 8 9 STREAM HEALTH EDUCATION PROGRAM (SHEP) 10 11 Environmental Coordinator Asleson introduced Terry O'Connell of the city's 12 Environmental Board and Trevor Russell, Friends of the Mississippi River (FMR). Gary 13 Averbeck, resident of Lino Lakes and lead SHEP member for Hardwood Creek, gave a 14 PowerPoint presentation to the Council on the process and results of a recent volunteer 15 effort that collected and identified aquatic invertebrates in specific areas of Hardwood 16 Creek. The information collected in the project will be used to appraise water value and 17 contribute to protection work. The Hardwood Creek project is part of the larger work of 18 the Council on the Volunteer Citizen Stream Health Evaluation Program called SHEP. 19 20 Findings of the project were presented to the Environmental Board and a direction 21 followed to present the report to the Council. 22 el23 For the Council, water pollution was defined as basically storm water runoff or 24 agricultural impacts with that definition becoming more refined with the more data that is 25 collected. With the baseline having been developed, the review will continue to grow. 26 27 Citizens interested in getting involved were directed to visit the Internet site 28 "bluethumb.com". A letter of support from the community would be helpful as the 29 program seeks continued funding. 30 31 A communication was read to the record from Environmental Board member Barbara Bor 32 applauding the volunteer work and Lino Lakes' participation in this program that will 33 help to evaluate the outcomes of stream improvements (restoration areas) and develop 34 future applications. 35 36 REVIEW REGULAR AGENDA ITEMS 37 38 Item 6A, Consideration of Resolution No. 07-51 approving a Joint Powers Agreement 39 with Anoka County for the I-35W/Lake Drive Interchange Project — The Council 40 requested a breakdown of the city portion of funding for this project. 41 42 There were no changes to the regular Council agenda. 43 • • CITY COUNCIL WORK SESSION April 2, 2007 APPROVED 1 ATV/SNOWMOBILE ORDINANCE 2 3 Public Safety Director Pecchia indicated that staff brought forward the matter of updating 4 the ATV/Snowmobile ordinance at the Council's March 5, 2007 work session. Public 5 safety staff is now presenting amendments to the ordinance to accomplish the following 6 changes: 7 8 • The definition and operation of all -terrain vehicles within the corporate 9 city limits 807.01 definitions; 10 • Subdivision 1 and 2 combined to read as follows Subdivision 1. 11 Operation of snowmobiles within the corporate limits of the City of Lino 12 Lakes is permissible only if in conformance with State law and City 13 ordinances. It is unlawful for any person to operate a snowmobile within 14 the corporate limits of the City of Lino Lakes in violation of the following 15 provisions: 807.03 16 • To modify the times of operation to be consistent with our southern 17 neighbor, the City of Circle Pines. Those changes will be found under; 18 and 807.03 subdivision (2) #11; 19 • Authorized snowmobiles may be used on any public property within the 20 city for rescue, emergency, or law enforcement purposes; 807.03, 21 subdivision 14; 22 • Operation of All -Terrain Vehicles within the corporate city limits — 23 807.07 (this section is new); 24 • Exemption from provisions: The City's enforcement agency, County 25 Sheriffs Department, DNR, and the Minnesota State Patrol, in order to 26 provide enforcement, shall be exempt from the requirements of this 27 chapter; 807.08; 28 • Violation: Penalty: Updated to reflect current state statute — definition of 29 a misdemeanor; 807.09 30 • Deletion of use of Snowmobiles on public thoroughfare in an emergency 31 during the period of time when and at locations where snow upon the 32 roadway renders travel by automobile impractical. 33 34 The Council discussed the proposed time changes and requested information on time 35 restrictions for surrounding communities. 36 37 MILLER'S ON MAIN TENT EVENT COMMENTS 38 39 City Clerk Bartell advised that Miller's on Main, a Lino Lakes bar/restaurant, conducts a 40 two-day special event in August of each year involving a tent, live music, food and 41 beverages. Following the 2006 event, the Council was approached by an area resident 42 concerned about the amount of noise that emanates from the event. Additional comments 43 (pro and con the event) were solicited and received from other area residents. 44 CITY COUNCIL WORK SESSION April 2, 2007 APPROVED • 1 The Council reviewed the comments received including the general location and specific 2 comments, and considered options and the need to address noise concerns. 3 4 The following was discussed by the Council regarding the event: the applicant's 5 responsibility for ending the music at or before the time allowed under permit or noise 6 regulations; 12:00 midnight may not be an appropriate end time; the city attorney should 7 provide an opinion on whether the granting of a special event permit would allow the 8 applicant to exceed legal noise limits; and official noise monitoring by the Police 9 Department should be conducted for all outdoor events. 10 11 SPECIAL EVENT ORDINANCE 12 13 City Clerk Bartell reported on presentation of an ordinance to add a new chapter to the 14 code to regulate special events. The city currently has a permitting process but no 15 specific language in the city code. The proposed ordinance would predominantly put into 16 the code the special event process that the city is currently using but also include more 17 definition and specifics that would allow for the inclusion of conditions with permits. 18 19 The Council authorized staff to place the ordinance on the agenda for the April 9, 2007 20 Council meeting for first reading. 21 22 The meeting was adjourned at 8:20 p.m. • 23 24 These minutes were considered, corrected and approved at the regular Council meeting held on 25 April 23, 2007. 26 27 29 Pft, afird"stj 28 �- 30 Jul].. . e Bartell, Cit Cler John Bergeson, Mayor 31 • 4