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HomeMy WebLinkAbout12/15/1999 Council Minutes• CITY COUNCIL WORK SESSION DECEMBER 15, 1999 CITY OF LINO LAKES MINUTES DATE : December 15, 1999 TIME STARTED : 5:35 p.m. TIME ENDED : 9:04 p.m. MEMBERS PRESENT : Council Members Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Administrative Director, Dan Tesch; Community Development Director, Brian Wessel; City Engineer, John Powell; City Planner, Jeff Smyser; Economic Development Assistant, Mary Alice Divine; Public Services Director, Rick DeGardner; City Attorney, Bill Hawkins (part); and City Clerk Ry-Chel Gaustad COMPREHENSIVE PLAN UPDATE, BRIAN WESSEL/JEFF SMYSER Council Member Lyden advised there has been one outstanding question about the numbers in the Comprehensive Plan. The question has recently been answered and discussions will continue with Council Member Bergeson. Mayor Sullivan requested a special Council meeting be called if a resolution is found. She expressed concern regarding some type of measure that the Comprehensive Plan requires. She asked if staff would continue to work on the measure. Staff advised they would continue to work on the Comprehensive Plan measure. MAJESTIC PINES COMMUNITY CHURCH , JEFF SMYSER Staff advised the proposed project, a church on Centerville Road on the north end of Lake Amelia, is a conditional use in the Rural -zoning district. A site plan review also is required. Council will be asked to take action Monday, December 20, 1999. Approval from the applicant would be needed to extend the approval process. Staff noted the Planning and Zoning Board recommended approval based on conditions. Staff also recommended approval of the project. A neighborhood meeting and a public hearing have been held. The main concerns of residents include the lake and environmental effects and the size of the building. Council expressed concern regarding the size of the project, number of Lino Lakes members, location, and additional traffic in the area. • • CITY COUNCIL WORK SESSION DECEMBER 15, 1999 Mr. Gary Nordness, Developer for Majestic Pines Community Church, advised he would ask the minister about the number of Lino Lakes members within the church. He stated the location in Lino Lakes was chosen because it is centrally located and the property was on the market. He noted that the additional traffic generated wouldn't be during peak hours. Mayor Sullivan clarified that approval of the initial building does not guarantee approval of Phase 2. Council also expressed concern regarding improvements to the entrance/exit and the reason for so many classrooms. Mr. Nordness advised the County did not require a turn lane on the exit driveway. A turn lane was required for the entrance. The entrance is restricted to ingress only to stagger the traffic. Traffic will stack on property when exiting. Referring to the number of classrooms, he indicated something had to be drawn on the plans for the second floor interior. The immediate plans are to keep that area as open space. Phase 2 is planned to accommodate future growth and be used as a youth activity center. Council directed staff to include the minutes from the Environmental Board meeting regarding this issue in the Friday update. This item will appear on the agenda at the regular Council meeting Monday, December 20, 1999, 6:30 p.m. JADT/MCDONALD UPDATE, BRIAN WESSEL Staff advised Council that they have not yet received Mr. Baylor's concerns and issues in writing. Staff distributed a memo in response to the questions that Mr. Baylor had at the previous Council meeting. Staff advised action items on Monday night will include the following: ordering a feasibility study for Apollo Drive Improvements Phase 4, authorization of eminent domain for purposes to construct an extension from Apollo Drive from Lake Drive to 77th Avenue, and a development agreement based on the City improvement process for the road. Mayor Sullivan advised all three (3) parties haven't come to an agreement regarding the road and who will pay for it. Council and staff discussed several different options. An agreement that was acceptable to the City and Mr. Baylor was not reached. Mr. Tim Baylor, Developer for the project, stated he does not want an unlimited right to the road. He indicated he is still in discussions with Mr. Rehbein. He asked that the developer's agreement be based on an appraiser's market value of the land. • CITY COUNCIL WORK SESSION DECEMBER 15, 1999 The City Attorney advised the developer's agreement must include a provision for the road. Mr. Baylor distributed copies of a letter he wrote to the City requesting City assistance for the road. He indicated at that time the City did not offer any assistance. He stated he is working on the developer's agreement with the City. He indicated he would work through the eminent domain process. However, he is concerned about the time factor regarding that option. He advised he would continue negotiations with Mr. Rehbein. He noted that he believes discussions with Mr. Rehbein will lead to an agreement before the public process allows for the road. He stated he needs a "catch all" to move forward with the project. Mr. Baylor distributed a copy of language for the developer's agreement that is acceptable to him. The City Attorney advised the City does not purchase roads at a fair market value. The City does not have a method to do that. Staff advised they have gone to every effort to come to an agreement and believe an agreement will be made. However, staff advised Council to approve the City process to build the road in case an agreement is not reached. Discussions will continue with Mr. Baylor. Staff indicated they would also encourage discussions between Mr. Baylor and Mr. Rehbein Mayor Sullivan advised the City does use tax increment financing. However, TIF is not available for commercial properties. Purchasing roadways at fair market value is not the standard practice of the City. Council Member Lyden advised he would not support the eminent domain process. Mr. Mark Vergo, representative for Mr. Rehbein, advised that Mr. Rehbein would prefer the road be developed privately. However, if an agreement can not be reached, he will support the eminent domain process. Mr. Greg Hayes, Developer for the area, advised a market study has been done relating to the development of a grocery store. The market will support a grocery store in the area. The impasse relating to negotiations with Mr. Baylor is value. Mr. Baylor does not support eminent domain but also does not want to be held hostage. A grocery store may decide not to go in because of the controversy with the road. Mayor Sullivan advised that if an agreement is reached before Monday, December 20, 1999, the City would not have to proceed with eminent domain process. 410The feasibility study and authorization of eminent domain will be on the agenda at the regular Council meeting Monday, December 20, 1999, 6:30 p.m. • • CITY COUNCIL WORK SESSION DECEMBER 15, 1999 Mayor Sullivan called for a short break at 7:30 p.m. Mayor Sullivan reconvened the meeting at 7:45 p.m. LIVABLE COMMUNITY PARTICIPATION, BRIAN WESSEL Staff advised that as recipients of a Livable Communities Demonstration Account Grant (in the amount of $220,000 for master planning of the Town Center and development guidelines) the City must reiterate its interest in participating in the Metropolitan Livable Communities program. The City does need to officially acknowledge continued participation in the program each year. Staff noted the City will lose the grant if the Council chooses not to participate. Council Member Lyden expressed concern about the goals included in the program. He suggested the City talk to them in detail about the goals. This item will be on the agenda at the regular Council meeting Monday, December 20, 1999, 6:30 p.m. CIVIC COMPLEX PROJECT UPDATE, MARY ALICE DIVINE Staff advised the plaque for the Civic Complex has been completed and is ready to install. Staff distributed a cost recap for the Civic Complex and reviewed the budget. It was noted that construction costs were $500 dollars under budget. LAKE DRIVE TRUNK INSURANCE CLAIM, JOHN POWELL Staff updated the Council regarding an insurance claim by a resident in relation to the Lake Drive Trunk project. The insurance adjuster took a statement from the resident. The statement has been sent to the contractor for review. The adjuster has indicated a settlement offer will be made if no response is received from the contractor. STATUS REPORT ON INCOMPLETE PROJECTS, RICK DEGARDNER & JOHN POWELL The City Engineer reported the status on the following projects: Main Street and Lake Drive realignment — Staff is waiting for criteria from the County before it is presented to Council. Birch Street overlay and striping — The County does have plans for the project but are looking for additional funding to complete the project. CITY COUNCIL WORK SESSION DECEMBER 15, 1999 • Bridge over Rice Creek — The County is proceeding with a design for the bridge. Stop light at Birch Street and Hodgson Road — The project is planned for construction in 2001. Council expressed concern regarding the safety of the intersection of County Road J and Centerville Road. Staff advised they will contact the Council regarding this concern. The Public Services Director noted the Black Duck trail situation will be addressed at the Council work session January 5, 2000. HOKENSON DEVELOPMENT, ANDY NEAL Council Member Neal advised Mr. Hokanson has not paid a bill from Spring Lake Park Lumber. Because of the outstanding bill, a lien has been put on homes Mr. Hokanson built. He asked how the City could prevent this from happening in the future. Mayor Sullivan advised she is unaware of anything the City can do to prevent the noted situation. Council Member Neal stated he wants the City to be aware of the problem in case Mr. Hokanson tries to build within the City in the future. Staff added a report is being developed regarding the situation at Trappers Crossing. REGULAR AGENDA, DECEMBER 20, 1999 Item 6E, Consider Resolution No. 99 — 138, Initiate Feasibility Study and authorize Eminent Domain, Apollo Drive Improvements Phase 4 — Staff advised the words "authorize Eminent Domain" should be eliminated from this item. Council advised staff to provide an update regarding past Council meeting minutes that have not yet been completed. The information will be included in the Friday update. The Council dismissed the Staff and called a brief recess. These minutes were considered, corrected and approved at the regular Council meeting held on January 10, 2000. Ry-Chel Gaustad, City Clerk Kimberly A. Sullivan, Mayor Transcribed by: • Kim Points, TimeSaver Off Site Secretarial, Inc. 5 • CITY COUNCIL WORK SESSION DECEMBER 15,1999 The Council reconvened at 9:14 p.m. Mayor Sullivan gave an overview of her hope to perform the City Administrators performance review while still in office since the current council worked with the City Administrator they should be performing the evaluation. Councilmember Bergeson confirmed that he spoke to Mayor Sullivan about the possibility of him facilitating the performance evaluation discussion. The Council discussed the City Administrator's employment contract and the fact the review is to be conducted in January of 2000. Mayor Sullivan expressed feelings that it is the current council's responsibility to complete the City Administrators review. Councilmember Dahl expressed concern about breaching the City Administrators employment agreement. After further discussion, Councilmember-Elect, Donna Carlson stated for the record, that "the people want the bickering to stop" and that she is comfortable conducting the City Administrators performance review. Councilmember Bergeson suggested forwarding the "review date" suggestions to the City Administrator to see what type of reaction she returns. The Council agreed to direct the City Clerk to contact the City Administrator and report back to the Council. The meeting was adjourned at 9:52 p.m. Respectfully Submitted, Ry-Chel Gaustad, CMC City Clerk John Bergeson, Mayor DEC -08-1999 09:50 CITY OF LINO LAKES 651 982 2499 P.02/02 • Apollo Road, within the plat known as Lino Lakes Commercial Development, shall remain a private road until that portion of Apollo Road located outside said plat has been completely constructed to 77th Street, At that time, Apollo Road, within said plat, shall be extended to the east boundary line of Outiot A as shown on the development plan at the developer's cost. Developer shall dedicate Apollo Road, within the plat of the Lino Lakes Commercial Development, including all utilities contained therein, to the City at no cost to the City. Notwithstanding anything to the contrary, Developer has the right to dedicate the private road and complete the construction obligations it has herein at any time. Acc(/ - J he AAA cl C� � uixe � 1An�o1 cf— c�tl (4.fs� % 076 sA;0/ /%� fb 72-74 ee 4e/v i .rh4 l/ A(50 AC -761,4e 7 L s S- �A/i; • A A/01 jrA D T /S Lo eAISA1o( A/i 7//e...."4_0 -4A1 • 4/LC _ f xemcf A l tC)ij "A 2 7 oilk t • MEMORANDUM December 15, 1999 to: City Council from: Jeff Smyser, John Powell subject: JADT cc: Linda Waite Smith, Brian Wessel, Mary Divine, Mary Kay Wyland The developer asked several questions at the December 13 City Council meeting. The individual questions and responses are listed below. First, some background to assist the Council in understanding the larger picture. To reiterate my answer at the Council meeting, the submittal packet in March included numerous drawings and a text document. Several drawings were rejected by staff and the text document amended. The rejected drawings included land outside of the area controlled by Mr. Baylor. The intention was to approve a PDO/preliminary plat that covered only Mr. Baylor's land. Staff explained this to Mr. Baylor and his development team at the time. It was clearly stated in the P & Z staff report of April 14, 1999, and the City Council report of April 26 when the PDO/preliminary plat was approved. We also explained it in the staff presentations at those meetings. Only Baylor's land was included in the approval. Everything else was irrelevant. Mr. Baylor was not willing to propose a plan that was anything other than a standard suburban shopping mall with seas of parking. We let him know that the City wanted something better to fit with the Town Center vision. He insisted on being able to clear as many trees as he wanted to make his site visible from the freeway and Lake Drive. We let him know that the City wanted something more environmentally friendly. 1. What is the procedure for plan review? To answer the generic question, following is a very brief summary of the plan review process: • plans are submitted • distribute several sets to City staff and various external agencies • review plans 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410 • City Council December 15, 1999 page 2 • discuss with applicant • plans reviewed by several citizen boards • prepare report for P & Z with recommendations • P & Z action • report for City Council • City Council action Preliminary Plat, Development Agreement 1. Preliminary Plat approved by City Council (typically with conditions). 2. Payment submitted by developer for construction plans. 3. Construction plans prepared by City. 4. Plans sent to developer. 5. Developer gets bids on work, forwards bids to City Engineer. 6. Developer submits title information to City Attorney. 7. City prepares development agreement for grading, utilities, roads, and any other work as appropriate. Specific conditions of approval may be included in the development agreement if required by City Council. 8. Conditions of approval are reviewed, some must be met before development agreement can proceed. 9. City sends development contract to developer for review. 10. Developer submits financial securities. 11. Development agreement executed by City and developer. 12. Begin grading, utilities, roads, other work included in agreement. Final Plat 1. Final plat submittal. 2. All conditions of approval met, development agreement complete, and title commitment approved by City Attorney. 3. Final plat presented to City Council. 4. Final plat approved by City Council. 5. Final plat signed by City and others. 6. Final plat recorded at Anoka County. 7. Building permits may be issued after plat is recorded, and when normal building permit requirements are met. 2. What is the "preliminary plan" referred to in the April 26 minutes? Requirements for a Planned Development Overlay (PDO) are described in Section 9 Subdivision 3 of the Zoning Ordinance. They include a "preliminary development plan" and a "final development plan." The plat drawing is one of several parts of the PDO submittal. Similarly, a preliminary plat application includes more than just the drawing • • City Council December 15, 1999 page 3 titled "preliminary plat." Planned developments are common in most cities and the Lino Lakes requirements are no different from other cities. The April 26, 1999 minutes refer to the "preliminary plan/plat," the "PDO plan/plat," and the "PDO development plan/plat." This is nothing unusual, and should not cause confusion. 3. What is the policy on private roads and why do the April 26 minutes refer to the City allowing a private road? Explain the cul de sac on the plans in relation to private roads. Mr. Baylor argues that the City approved his retaining private ownership of a piece of the road until the entire road is completed. His position relies on a statement included on one of the drawings that was rejected, and thus not included in the approval. Mr. Baylor wants to maintain ownership of his piece of the road until the entire road is finished. This would mean that other developers would need to use his private piece of the road for access to their sites. This would give Mr. Baylor control over access to properties outside of his ownership. He could charge other land owners whatever he wanted, like a user fee. This is unacceptable. The City does not allow private roads. It is standard practice for a developer to build a road and utilities and turn them over to the City. We granted Mr. Baylor a minor, temporary exception to this in order to keep the project moving ahead. As long as the one portion of the road will only serve one site, there is no harm done. We were comfortable that Mr. Baylor owned the road when it served only the McDonald's site, which he controls. However, when other sites need access, it's a different matter. Staff has not recommended approval of the arrangement Mr. Baylor wants. It clearly would not be in the public interest and could pose a threat to public safety. Councilmember Lyden is under the impression that the City approved a private road for Mr. Baylor and now staff is taking it back. This is inaccurate. The City approved a short piece of private road as long as it only served the one site. There was never any intention by the City to allow the road to remain in private ownership when other sites needed access. As stated above, this would be contrary to the public interest and it is staff' charge to protect the public interest. Cul de sacs: There are two temporary cul de sacs shown on the plan. One is at the end of the short piece of Apollo Drive. The plan labels it "temporary 40' radius turn -around until Apollo Drive is extended." It is a common practice, in Lino Lakes and elsewhere, to • • City Council December 15, 1999 page 4 construct a temporary cul de sac that will be eliminated when the road is extended to serve future development. The second temporary cul de sac is on a common private drive which goes through the parking lots of several sites. These sites are controlled by Mr. Baylor. The drive is not a road, and is not to be turned over to the City as a public road. Private drives connecting parking lots are not unusual. It is up to the developer and future parcel buyers to arrange access easements.