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HomeMy WebLinkAbout02/17/1993 Council Minutes1 1 1 COUNCIL WORK SESSION CITY OF LINO LAKES COUNCIL MINUTES FEBRUARY 17, 1993 DATE February 17 1993 TIME STARTED t 4::4 5 P.M. MEMBERS PRESENT; Reinert:, Neal, Elliott, Bergeson; ••,- mEmBER4gABSENTInIcuether Staff members present: City Engineer, Darrell Schneider; Public Works Director, Don Volk; City Accountant, Paula Schloer; Economic Development Director, Brian Wessel; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. PHEASANT HILLS PRESERVE RIGHT OF WAY Mr. Volk explained that this matter was discussed at the previous Council work session. He asked the City Council to give him clear directions regarding the Street Improvement Policy section requiring an eight (8) foot clear zone behind street curbs. Mr. Volk noted that he has firmly followed the Policy because the space is needed for utility placement, development of minimum grade and for public safety reasons. Mr. Volk noted that Mr. Vaughan, developer of Pheasant Hills Preserve will be approaching the City Council to request that the clear zone requirement be reduced to less than three (3) feet. Mr. Vaughan believes that the trees and shrubby improve the development aesthetically and helps sell new homes. Mayor Reinert asked if the City required Mr. Vaughan to remove trees and then change the street pattern resulting in unnecessary tree removal. Mr. Volk explained that Mr. Vaughan changed his street pattern. Mayor Reinert asked if the City has deviated from the Street Improvement Policy in the past. Mr. Volk said no, not since the tree preservation policy became effective. He noted that the Policy could have been deviated prior to this. Council Member Elliott noted that Mr. Volk has indicated that many trees left in the right-of-way would die because they were disturbed by street construction and asked if Mr. Volk had PAGE 1 3 34 COUNCIL WORK SESSION FEBRUARY 17, 1993 mentioned this to Mr. Vaughan. Mr. Volk said he had and Mr. Vaughan's response was that this was his problem. Currently most trees in the right-of-way are five (5) feet or less from the curb. Mayor Reinert felt that if Mr. Volk feels that Mr. Vaughan should adhere to the letter of the law, then every developer should adhere to the letter of the law. However, if Mr. Volk feels if reasonable limits can be applied, all developers should be treated in this same manner. Mr. Volk said that he has given Mr. Vaughan some leeway, however, Mr. Vaughan wants to save all of the trees. Council Member Elliott felt that the City has a policy that should be followed by all developers. She noted that if there is a margin of six (6) or eight (8) inches, that would be,alright. However, a clear cut zone of three (3) to five (5) feet back from the curb is not sufficient. Mr. Schneider explained that in the next phase of development, Mr. Vaughan wanted to construct a very sharp curve in the street. This was discussed with the City Attorney who indicated that if the City deviated from the Street Improvement Policy and allowed a substandard street, the City would have some liability in the event of a traffic accident. Mr. Schneider noted that -Mr. Vaughan may have clear cut for a substandard street and then was required to revised the street alignment. Council Member Bergeson asked if the City allowed sidewalks, and if so where would they be constructed. Mr. Volk explained one (1) foot from the property line. Mr. Volk said that if the City Council will support the standards outlined in the Street Improvement Policy, he will uphold these standards. If there is a minor deviation, this will not be a concern. Mayor Reinert noted that all should be aware that at some point the City will be responsible for the street and street right-of-way. Council Member Bergeson asked if any part of the tree trunk is beyond the eight (8) foot line, the tree can stay. Mr. Volk explained that normally, Mr. Asleson, City Tree Inspector assesses the tree to see if it is healthy and has a good chance of survival. He would make the decision of whether the tree stays or is removed. The consensus of the City Council was that Mr. Volk should follow the Street Improvement Policy as close as practical PAGE 2 1 1 1 1 1 1 COUNCIL WORK SESSION FEBRUARY 17, 1993 Mr. Schumacher noted that Mr. Vaughan called to say that he is going to bring in the next phase (51 units) of this development. Mr. Vaughan asked about park dedication and noted the issue regarding the wetlands around Sherman Lake. Mr. Schumacher explained that the City needs to get title to the wetlands for the Anoka County Parks Department so that Anoka County will deed a parcel to the City for economic development. Mr. Schumacher will keep the City Council updated on this matter. CONSIDERATION OF ECONOMIC DEVELOPMENT AUTHORITY ADVISORY BOARD (EDAAB) RESOLUTION NO. 01 - 93 - LAKE DRIVE/HIGHWAY 49 AND OPUS AGREEMENT Mr. Wessel explained that a resolution has been drafted by the EDAAB regarding property owned by George Reiling at the intersection of Lake Drive/Highway 49. The resolution.allows a specific amount of time for Opus Corporation to proceed with negotiations on this matter. Mr. Wessel noted a meeting held on February 5, 1993 with Mr. Reiling and Mr. Dick Quist of Opus Corporation. Mr. Reiling appeared to be receptive to getting something started and not waiting for the intersection to be reconstructed. Mr. Wessel explained that Mr. Terry Lappin and Mr. Quist have also met. Mr. Lappin's exclusive option to negotiate development for this intersection has expired and he will not ask for an extension. He will be working with Mr. Quist and Opus Corporation. Mr. Wessel has also met with Mr. Quist and a three (3) phase development was discussed. The first phase would consist of a 60,000 square foot grocery/restaurant facility, the second phase would consist of a 30,000 square foot commercial/retail facility and the third phase would consist of a 20,000 square foot commercial/retail facility. The three (3) phases would be completed over a three (3) year period. The first phase would begin next spring. If all goes as planned, there would be five (5) years of the TIP district to be utilized. Mr. Schneider explained that he met with Mr. Reiling today. Mr. Reiling has agreed to swap land as needed for the intersection. This "interests" MnDOT. The plans for the construction must now be updated and dollar figures calculated. When this is completed, Anoka County Highway Department will be contacted. An agreement must be prepared between the City of Lino Lakes, MnDOT and the Anoka County Highway Department. Mayor Reinert asked that State Representative Doug Swenson and PAGE 3 36 COUNCIL WORK SESSION FEBRUARY 17, 1993 State Senator Jane Krenz be contacted regarding this matter. Mr. Schumacher noted that a petition containing 798 signatures has been received requesting a traffic light for the intersection. Mayor Reinert asked that copies of the petition be sent to these representatives. Mr. Wessel noted that the EDAAB resolution will be placed on the Council agenda for their approval. He noted that this will give Opus Corporation opportunity to conclude a purchase agreement with Mr. Reiling. Mr. Wessel explained that he has dealt with Mr. Quist in the past and feels he is an honorable man. He noted that Opus Corporation has the resources to get something accomplished. Council Member Neal explained that when he was in St. Cloud he met several people with Bonanza Steak Houses. He has sent them a letter and expects to receive a response shortly. He will keep the City Council updated on this matter. SEWER AND WATER CONNECTION REPORT Mr. Schneider gave the City Council a copy of the Sewer and Water Utility Connection Report and explained that the report indicates that all projections regarding connections to the utility system are on target. He noted that 1500 connections had been budgeted for this period of time and the report indicates that the City is within 12 units. Mr. Schumacher noted that the report was given to the City fiscal agent, David MacGillivray and he felt that this was an outstanding report. Mr. Schumacher explained the format of the report and noted that the information is required by our fiscal agent to determine if connections to the utility system are taking place as planned. Each connection is equivalent to a specific dollar amount. These dollars are needed to fund the improvement bonds issued for the construction of utility facilities. Ms. Schloer explained that the City Council will be receiving quarterly reports on this matter. There were additional questions regarding other plats that will be coming before the City Council and how they fit into the report. Mr. Schneider explained the procedure for including them in the report. Council Member Bergeson asked what happens if the projected number of connections are not realized. Mr. Schneider explained that the bond funding problems connected with such a PAGE 4 1 1 1 1 1 1 COUNCIL WORK SESSION FEBRUARY 17, 1993 miscalculation are controllable because initial bonds are temporary bonds. The permanent bonds would be structured to handle delayed connections. RAY JOHNSON, PARK BOARD Mayor Reinert explained that he and Council Member Elliott will make an attempt to meet with Mr. Johnson to resolve issues with the understanding that Mr. Johnson follow the rules. If he is agreeable to this, the City Council will not make any further attempt to interrupt his service on the Park Board. The meeting with Mr. Johnson is scheduled for 5:00 P.M., Thursday, February 23, 1993. Council Member Bergeson noted that Mr. Johnson should be told that this matter will be reviewed in six (6) months. FEBRUARY 22, 1993 AGENDA The City Council reviewed each item of the proposed agenda. Item 4A - Consideration of Extension of Utilities on Apollo Drive. Mr. Schneider said he will ask that this matter be tabled until a financing plan can be determined. It is also planned to coordinate this improvement with the Lake Drive/Highway 49 improvement. Item 4B - Preliminary Plat, Woods of Baldwin Lake. Mr. Schneider reviewed this plat and noted the only controversial issue is the location of the park. Item 5 - Adams Outdoor Advertising Billboard Conditional Use Permit. Mr. Schneider explained that the Economic Development Authority Advisory Board asked to be allowed to give input on this matter. This item may be continued to allow time to meet with Adams Outdoor Advertising and with Azure Properties who are opposed to the permit. Item 6 - Public Hearing, Vacation of Easement for Driveway Purposes in Lakes Addition No. 2. This involves a driveway to a twin home. The driveway will be relocated to the new street, East Shadow Court. Item 6 - Consideration of Allocating the 1993 Community Development Block Grant Funds. Mr. Schumacher noted that one agency who had requested funding, CHAPS, Inc. has dropped their request. He outlined the requests from several other agencies. Mr. Volk explained the request for funding to study a recreation program for disabled citizens. The study will determine if there PAGE 5 38 COUNCIL WORK SESSION FEBRUARY 17, 1993 is a need for this type of recreation in Lino Lakes. If the study indicates a need, the Parks and Recreation Department will be seeking continued funding from Community Development Block Grant Funds. This relates to the new American Disabilities Act and shortly communities will be mandated to research the need for such programs and then get the programs operational. Mr. Volk noted that currently there are about 600 residents with various types of disabilities. INTERVIEW OF POTENTIAL PLANNING AND ZONING BOARD MEMBERS AND PARK BOARD MEMBERS Mr. Schumacher gave each Council Member a packet containing the name and address of each person to be interviewed as well as a set of interview questions for each candidate. Candidates were scheduled at 15 minute intervals. It was noted that M. Allan Robinson would like to be re -appointed to the Planning and Zoning Board and Mr. George Lindy and Mr. Ken Johnson would like to be re -appointed to the Park Board. Mr. Ray Johnson's position on the Park Board was discussed. It was decided to do nothing about his position until after the meeting with him on Thursday. The City Council will interview each candidate and then come to a consensus on which candidates they will appoint to the vacant positions. The list of candidates will be given to Mr. Schumacher so that he can prepare a "green sheet" for the Council meeting on Monday. Mrs. Anderson and Mr. Schumacher were excused at 6:30 P.M. The City Council remained and interviewed each candidate. These minutes were considered, corrected and approved at a regular meeting of the City Council on March 22, 1993. Marilyn G. Anderson, Clerk -Treasurer Mayor Vernon F. Reinert, PAGE 6