HomeMy WebLinkAbout11/18/1998 Council Minutes•
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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.
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CITY COUNCIL WORK SESSION NOVEMBER 18, 1998
BUILDING INSPECTION REPORT, JULIE JEFFREY-SCHWARTZ, TOM
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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.
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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.
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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.
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Marilyn G. Anderson, City Clerk
Transcribed by:
Kim Points, TimeSaver Off Site Secretarial, Inc.
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Ki 07! ly A . ullivan, Mayor