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HomeMy WebLinkAbout06/10/1996 Council Minutes (2)CLOSED COUNCIL MEETING DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES j0 1996 7:00 P.M. 7:30 P.M. Bergeson, Kuether, Lyden, Neal, Landers None JUNE 10, 1996 Staff members present: City Attorney, Bill Hawkins; City Administrator, Randy Schumacher; City Engineer, David Ahrens and Clerk -Treasurer Marilyn Anderson. The purpose of the closed meeting was to discuss pending litigation in the matter of Hokanson Development Company and the reconstruction of 12th Avenue/Holly Drive, Mr. Hawkins explained that the Trapper's Crossing preliminary plat was approved by the City Council on August 8, 1994. The motion for approval included a condition that the developer take action necessary to complete a satisfactory plan for the reconstruction of 12th Avenue/Holly Drive from County Road J (Ash Street) to Birch Street with necessary implementation to satisfactorily carry the traffic from the Trapper's Crossing plat and adjoining areas and the condition that a landscape and fence plan be prepared by the developer to provide a barrier around the plat to discourage trespassing on the adjacent rural property and other requirements as approved by the Parks and Recreation Board be included in the developer's agreement. Mr. Hawkins updated the City Council on where the Trapper's Crossing development is at this time. He noted that the developer, Roger Hokanson, has signed a development agreement for Phase 1 which included a stipulation that the developer pay $250,000.00 toward the improvement of 12th Avenue/Holly Drive. Since the signing of the development agreement, a feasibility study of 12th Avenue/Holly Drive has been completed. The cost to improve this roadway is considerable larger than anticipated therefore, the City is requiring that the developer pay more than what was included in the development agreement as well as specifically outline the type of fencing and landscaping. There have been a number of negotiating meetings because the adjacent landowners are not satisfied with the type of fencing proposed by the developer. The City is also asking for a larger dollar commitment for the improvement of the roadway. A tentative agreement has been reached. Terms of this agreement include the same fencing that was installed at the Oaks of Lino subdivision, a commitment of $265,000.00 for the roadway improvement and the developer install a roadway from Birch Street to the entrance of Phase 1 of the Trapper's Crossing subdivision that meets all MSA standards with the exception of the road shoulders. The shoulders will be gravel and not paved with bituminous. PAGE 1 CLOSED COUNCIL MEETING JUNE 10, 1996 Mr. Hawkins said that the developer has signed the agreement and he recommended that the City Council accept the agreement. Mr. Schumacher displayed a map and addressed questions from the City Council. It was noted that there are seven (7) property owners adjoining the Trapper's Crossing plat. Three (3) of the property owners requested that fencing be installed on their property lines. The other property owners are not requesting fencing at this time. The developer is saying that he will provide fencing for all property owners who want it. Council Member Lyden said that the developer is proposing a four (4) foot high fence. He said that was inadequate. He asked if Ms. Walseth will get fencing around her property. Mr. Hawkins explained that the fencing included in the current development agreement is fencing for Phase II of Trapper's Crossing. The Walseth fence issue has been resolved. Mr. Hawkins described the fencing and noted that Ms. Walseth is not satisfied, however, the matter was negotiated without a resolution and staff made a decision as to what type of fencing would be installed around her property. Mr. Schumacher explained that the agreement before the City Council this evening includes $265,000.00 that can be used for street improvement anywhere in the City. Council Member Kuether felt that this money should be used for the improvement of 12th Avenue/Holly Drive. Mr. Hawkins noted that it will be drawing substantial interest earning. Council Member Bergeson asked Mr. Ahrens how far south on Holly Drive would this money reconstruct the roadway. Mr. Ahrens said that the roadway could be improved to near the southern boundary of Trapper's Crossing. Council Member Lyden said he was concerned about safety on the present roadway. He asked if the interest on this donation could be used to construct bike trails alongside of the roadway. Mr. Hawkins said it could if the bike trail was a part of the roadway. He suggested that the City use other funding for bike paths. Council Member Lyden express dissatisfaction regarding the proposed fencing. He said that the City Council should be well aware of what type fence is being proposed. He felt that if the City Council would make an error on this issue it should be in favor of the residents so that they get the type of fencing requested. Council Member Lyden said that when this issue was first started in 1994, the project was above and beyond State Statute Chapter 429. He asked how this matter has "come down" from 429. Mr. Hawkins explained that staff has negotiated as much as possible. He said that if the City Council rejects this agreement, the developer will begin litigation against the City. It is possible that the City will be forced to assess the developer and be required to install a MSA street. Mr. Hawkins said that this agreement will provide an improved street from Birch Street to the entrance of Trapper's Crossing, Phase 1 and the developer will pay the City and additional $265,000.00. The agreement also states that the City can withhold building permits if the fencing is not done as required in the agreement. Council Member Bergeson asked if the Planning and Zoning Board requires additional landscaping, can the developer say no. Mr. Hawkins explained that this matter will not PAGE 2 CLOSED COUNCIL MEETING JUNE 10, 1996 go back to the Planning and Zoning Board again. They have approved the preliminary plat. Council Member Kuether said that if the City accepts this agreement, she did not think that it would give any concession to the developer. Mayor Landers asked if the public hearing should be closed this evening. Mr. Hawkins said yes, the developer has signed the new contract. Council Member Neal asked if Council Members Kuether and Lyden have a conflict of interest in this matter. Mr. Hawkins said no, there is no monetary gain for either of them. Council Member Kuether asked if the residents looked at the proposed fence. Mr. Hawkins will meet with them at the end of this closed meeting and show them the pictures. Mr. Hawkins recommended that the City Council accept the agreement as presented this evening. The closed meeting ended at 7:30 P.M. These minutes were considered, corrected and approved at a regular Council meeting on July 8, 1996. Marilyn G•Anderson, Clerk -Treasurer JO' L. Landers, Mayor PAGE 3