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HomeMy WebLinkAbout11/18/1998 Council Minutes• • • CITY COUNCIL WORK SESSION NOVEMBER 18, 1998 CITY COUNCIL WORK SESSION MINUTES DATE : November 18, 1998 TIME STARTED : 5:30 p.m. TIME ENDED : 8:45 p.m. MEMBERS PRESENT : Council Members Bergeson, Dahl, Lyden (Lyden was excused at 6:10 p.m.), Neal, Mayor Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, Dave Pecchia; Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian Wessel; Administration Director, Dan Tesch (part); Consulting City Engineer, John Powell; Public Service Director, Rick DeGardner; Building Official, Pete Kluegel (part); Building Inspector, Tom Jackson (part); and City Clerk Marilyn Anderson PDI ADMINISTRATOR'S SEARCH, DAN TESCH Dan stated that the first round of interviews were held Monday, November 16, 1998. Harry will be present to discuss evaluations at 5:00 p.m., Monday, November 23, 1998. Harry will be prepared to discuss ranking. By November 30, 1998, it will be determined who will have second interviews and the interviews will be held November 30, 1998. Kim stated she did want selected staff members and citizens involved in the final interviews. It was determined that Dave would handle a meeting with staff, directors, and citizens for the final interviews. Andy noted he is not in favor of candidates being interviewed by staff who will be working under the Administrator's direction. SET DATE FOR LAST COUNCIL MEETING OF THE YEAR, DAVE PECCHIA It was the consensus of the Council to hold the last Council Meeting of 1998, on Monday, December 21, 1998. There will be a Council Work Session on Wednesday, December 16, 1998. COMPREHENSIVE PLAN UPDATE, BRIAN WESSEL Brian introduced Mr. Jeff Smyser, the new City Planner to the City Council. Brian distributed a draft of a "green sheet" regarding the Comprehensive Plan. He explained staff met with Metropolitan Council representatives and they are receptive to reviewing the draft Plan. They will send their comments on the Plan to the City in February, 1999, with recommendations and ask Council to come together for at least a 4/5th vote in favor CITY COUNCIL WORK SESSION NOVEMBER 18, 1998 of the plan. A letter will be sent on Friday verifying the Metropolitan Council's intentions regarding this issue. Brian stated he will have information available regarding Mr. Brixius' comments on the six (6) issues still unresolved in the Plan on Friday, November 20, 1998. A summary sheet outlining fundamental numbers in the Plan will also be distributed on Friday. Brian suggested the draft "green sheet" be utilized to obtain approval to send the proposed Plan to the Metropolitan Council. Kim stated that if she and Chris are able to reconcile the six (6) issues with information received from Brian on Friday, a re -vote can be taken on Monday. John asked if the summary sheet regarding the discussion between Kim and Chris was acceptable to Chris. It was determined that Chris would review the summary sheet, make comments, and return to Brian tomorrow. Chris suggested he meet with Brian and Mr. Brixius to draw up a new map of the City. Kim indicated Chris can provide a map if he would like. Andy asked about the possibility of the Metropolitan Council being abolished. Brian stated he asked staff at the meeting with the Metropolitan Council and they did not have an answer to that question. Caroline suggested the City ask for an extension for submitting the Plan to Metropolitan Council. Brian stated Council can direct him to ask for an extension. He indicated he made a commitment to have the Plan completed by the year end deadline. Kim stated she would like to have a 5-0 vote on the Plan on Monday. She stated the numbers in the Plan need to be clear by Friday and delivered in the Council Members packets. She or John and Chris will have discussions this weekend regarding the six (6) unresolved issues. She directed Caroline to include any concerns she has in the packets by Friday, November 20, 1998. Kim indicated the draft "green sheet" regarding the Plan will be presented at the regular Council meeting on Monday, November 23, 1998. John Powell noted that a Comprehensive Sanitary Sewer and Water Plan will be developed based on the Land Use Plan. It would be best to submit that plan with the Plan. Staff is requesting direction regarding this issue. Brian stated the Comprehensive Sanitary Sewer and Water Plan be incorporated in the Plan and added to the "green sheet" for Monday night. 2 • • • CITY COUNCIL WORK SESSION NOVEMBER 18, 1998 BUILDING INSPECTION REPORT, JULIE JEFFREY-SCHWARTZ, TOM • JACKSON • • Kim stated that Ms. Jeffrey -Schwartz is a resident who lives in Oak Brook Peninsula. She has some building code issues regarding her new house that have not been addressed. Kim indicated she has received many calls from Ms. Jeffrey -Schwartz in the last few weeks. The City should have cited builder if the City knew about the violations unless they are more than three (3) years old. Tom Jackson, Building Inspector, went over the policy regarding code violations. A new property owner has six (6) months to take care of any violations after they have moved into the new house. He indicated he received a packet of information from Ms. Jeffrey - Schwartz two (2) months ago. It was his understanding that he was sent this information so that the City would be award of the claim Ms. Jeffery -Schwartz filed against the builder. However, the statute of limitations regarding building code violations is three (3) years. Tom said it was his understanding that Ms. Jeffrey -Schwartz did file a claim against the builder and an agreement was reached. Before Ms. Jeffrey -Schwartz could sign the agreement she discovered another problem with the house. She then declined the settlement. A judge deemed it was a fair settlement. Kim expressed concern about City staff not issuing citations when they were notified of the code violations. She asked that the policy be reviewed. The City's liability does not increase if violations are cited. She also expressed concern regarding taking care of a citizen's needs. If the City was not able to give citations, a letter explaining why should have been sent to the resident. She stated the City should not be part of the lawsuit. If a packet of information is received from a citizen, staff needs to be very clear on what the citizen is asking for. Kim directed staff to see to it that Ms. Jeffrey -Schwartz gets a response to whatever she is asking for. John noted that he does not believe this issue should have been discussed in a public forum. He stated it is the Administrator's job to report to the City Council regarding matters like this. Kim indicated she asked for the issue to be discussed because she wanted closure. Dave stated the issue will be resolved and Council Members will be provided with documentation as to how it was resolved. TOWN CENTER PLANNING UPDATE, BRIAN WESSEL Brian stated the Town Center replanning effort was kicked off last Friday and Saturday. Great progress was made. Brian summarized the "green sheet" regarding the Consideration of Livable Communities Demonstration Account Contract. He stated he will be asking for approval of the contracts outlined in the "green sheet" at the regular Council meeting Monday night. CITY COUNCIL WORK SESSION NOVEMBER 18, 1998 Brian stated the relationship with the Metropolitan Council will not be jeopardized if the contracts are approved and the Comprehensive Plan is submitted with less than a 4/5 vote. If the Metropolitan Council withholds funding from the Livable Communities Demonstration Account can recoup what it has spent but the project will end. However, if a conclusion regarding goals for the Livable Communities is not reached the project would be in jeopardy. John suggested there be an out in the contracts stating the project based on funding from the Metropolitan Council. Brian stated that staff will pursue that concern if it is not already addressed in the contracts. Timelines are given regarding the funding. This item will appear on the agenda at the regular Council meeting on Monday, November 23, 1998. CIVIC COMPLEX MID -PROJECT REPORT, BRIAN WESSEL Brian distributed a mid -project report and budget for the Civic Complex. The project is on schedule and within budget. He encouraged everyone to visit and tour the site. A formal tour will be scheduled for December 2, 1998, 3:00 p.m., for Council Members and John McClellan. The Early Learning Center will be in operation on time. The Police Department and City Hall will be in operation by April, 1999. A detailed summary of the cost regarding the project will be distributed to Council Members after the project is complete. Two (2) more bids will be coming before Council for approval. Brian referred to the Cost Allocation Procedure that was developed. He expressed concern regarding a disbursement made under Premier Construction. The City is paying approximately $8,000 - $10,000 premium price for a design change that occurred late in the process. John Powell explained that because the change was made very late in the process it cost more. Brian said he does not feel the City should have to pay the premium price. Staff will pursue this issue with the architect and the City will hold back the excessive payment. Andy noted that some residents have indicated they do not want low income housing unless it is senior housing. Mary Alice stated the YMCA is looking for commitment from the City to build a YMCA. Once City commitment is received, 2/3 of the funding will be achieved. The rest of the funding will be obtained from fund raising. Kim stated that a meeting should be held on December 21, 1998, regarding commitment to the YMCA from the City Council. John suggested the issue of City funding be revisited regarding this project because of unexpected expenses. Andy suggested that other cities be approached to help with the funding. Mary Alice indicated other cities will be approached but they will not be a major part of the funding. John noted Lifetime Fitness is going in the City of Shoreview. Brian indicated he does not think that will affect this project. 4 • • • • CITY COUNCIL WORK SESSION NOVEMBER 18, 1998 TRAPPER'S CROSSING UPDATE, JOHN POWELL John Powell stated that because a developers agreement has not been prepared, a letter was sent to the developer telling him to stop the work in progress. The developer indicated the Rice Creek Watershed District was making subtle changes to the grading plan and has asked for a complete review of the changes. The developer has been working on a plan that the Rice Creek Watershed will approve. At this time, the developer has gone back to the original grading plan which does have a permit. The developer will submit a new grading plan tomorrow and will be allowed to continue grading based on the plan approved by the Rice Creek Watershed District. John Powell noted he had been asked to research and determine if the approval of the first addition of Trapper's Crossing contained language stating that a certain percent of the first addition must be completed before the second addition could be started. He did not find such language Caroline noted it was a stipulation even if it was not found in the minutes. John Powell added that a fence will be included in the developers agreement. PRIVATE UTILITY DISCUSSION, JOHN POWELL John Powell indicated that he, Andy, Rick, and Tim Hillesheim are going to have a meeting regarding gas utility and to review the franchise agreement the City has with the City of Circle Pines. He expressed concern regarding encouraging a property owner to use the Circle Pines Utility because of a franchise fees could be collected by this City. He stated the goal is for the City to have a level playing field for all utility companies. An option would be to charge a fee for reading the gas meter. Many maps regarding this issue are available. The Circle Pines gas area is to the extreme south/west corner of the City. Minnegasco has a good share of the City. Specific service areas have not been identified. Kim asked that John give Jim Keinath an update regarding this issue. John Powell stated that an autodial meter reading system is also an option which would eliminate labor costs and give the City an opportunity to check sump pumps. He stated this option will be revisited. A down side to this option is the possibility of people not paying their phone bill. Andy noted if this option is chosen it should be implemented as soon as possible so contractors have to pay for the new style meters in new houses. John Powell indicated another option is the way NSP does it which is more expensive. He indicated a meeting regarding this issue will take place every two (2) months. Caroline asked for a map of existing utilities in the City. John Powell indicated he will provide her with one. CITY COUNCIL WORK SESSION NOVEMBER 18, 1998 RESHANAU TRAIL DISCUSSION, RICK DEGARDNER Rick explained this issue was discussed at a previous work session. Council Members asked for time to consider the options. The Anoka County Parks Department is proceeding with their master planning of the Rice Creek Chain of Lakes Regional Park so time is a factor. A temporary easement will be allowed for a temporary trail for two (2) years at its present location. After that period the trail would have to be relocated. A meeting was held a few weeks ago with residents. Rick recommended the Mallard Lane option although it is less desirable than the existing location. The only option for obtaining a permanent trail easements at its present is eminent domain. Kim added the Mallard Lane option is less expensive and gives citizens a longer trail to use. Rick indicated he has not talked to Mr. Hawkins about the possibility of eminent domain. Mr. Dunn noted that originally, the concept for the trail was for emergency vehicle access. An emergency vehicle access is needed in the event of a natural disaster. Marilyn noted she would check the deeds regarding emergency vehicles. Kim stated she is okay with the Mallard Lane option with the qualification that trail users know what the City is doing. Residents need to let the City know if there is a compelling reason to go with one option over another. She asked Dave to make a safety analysis regarding emergency vehicle access and bring to the next work session. She asked that the Police and Fire Departments look at it and become part of the recommendation. She also asked that residents in the area get involved and give the City a reason to pursue Eminent Domain. Rick indicated he would blanket the neighborhood and inform them of the two (2) options. He will ask for comments and report back. Kim stated after the safety issue is addressed and neighborhood comment is received, a decision will be made at the next meeting. REGULAR AGENDA, NOVEMBER 9,1998 Kim directed staff to distribute the current documentation regarding the budget, Item 3A, to Council Members before November 30, 1998. Regarding Item 6A, Outlot B is hashed incorrectly on the map and a new map will be delivered to the Council on Friday. John asked that the City Attorney be aware of Item 5C. He needs to be prepared with comments regarding this issue. Mary Kay indicated Mr. Hawkins will be notified before the meeting. 6 • • CITY COUNCIL WORK SESSION NOVEMBER 18,1998 Dave asked for Council direction regarding the Hoff Report and the use of the fidelity bond. It was the consensus of Council to have Dave send the Fidelity Bond to Hoff for review. Dave stated a resident of Lino Lakes, found to be a victim of homicide, was found in Kansas City. Staff should direct any calls regarding this issue to Dave. Kim noted that staff is on the hook regarding the Comprehensive Plan. A request was made two (2) weeks ago. It was the consensus of Council that any information going to Brian is to clarify information not to review it again. The meeting was adjourned at 8:45 p.m. These minutes were considered, corrected and approve . - a regular_ ouncil meeting held on December 21, 1998. 2a4f1. , Marilyn G. Anderson, City Clerk Transcribed by: Kim Points, TimeSaver Off Site Secretarial, Inc. I ' ih:, Ki 07! ly A . ullivan, Mayor