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HomeMy WebLinkAbout03/22/1999 Council Minutes (2)• • • COUNCIL MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES March 22, 1999 6:30 P.M. 10.25 P.M. ergeson,;.Dahl, None MARCH 22, 1999 Lyden, Neal, and Mayor Sullivan Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; Economic Development A sistant , Mary Alice Divine (part); Planning Consultant, Alan Brixius; Environmental Sped arty Asleson (part); Chief of Police, Dave Pecchia; City Clerk -Treasurer, Marily SETTING THE AGENDA Mayor Sullivan removed Item 2A, Mayors Sullivan's Consideration of Resolution No. 99 - 15, Accepting Donation Wagon. Mayor Sullivan moved Item 1 i, Minute; 7D, under New Business. ity, and Item 5A, Fm Circle -Lex Lions for a Party arch 3, 1999, Council Work Session to Item Council Member Ly let sup' stud item 4B, Consideration of Clearwater Creek Phase III, Item 4D, Consideration of B Century Farms 5th Addition, and Item 4F, Consideration of Trapper's Crosse clition, be tabled. He indicated more discussion needs to be held relating to gro hantsms before these items are considered. Mayor Sullivan gated the items should be discussed because the City does not currently have the Ordinances in place to stop these items. She indicated the items can be tabled after a discussion is held. The amended agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the amended Consent Agenda as presented. Council Member Lyden seconded the motion. Motion carried unanimously. COUNCIL MINUTES MARCH 22, 1999 ITEM MINUTES: March 8, 1999, Regular Council Meeting DISBURSEMENTS: ACTION Approved March 22, 1999 (Check No. 55532 - 55642, $436,073.15) Approved March 22, 1999 Centennial Fire District (Check No. 11962 - 12010 payroll, $20,320.58, Check No. 10001 - 10030 expenses, $7,003.93) Approved Mayor Sullivan reminded those present of the guidelines for audience p Council meetings, emphasizing the need for respectful dialog. OPEN MIKE No one appeared for open mike. Mayor Sullivan's State of the Cii ADMINISTRATION DEP in City adoption of the agenda, this item was deleted. REPORT, DAN TESCH Consideration of An + and 4pointments - Mr. Tesch presented a green sheet to Council Members that represent onsensus of the Council at their 5:00 meeting on March 22, 1999. The green sheet s '` ®pointments to the Planning and Zoning Board, Park and Recreation Board, Enviro .1 Board, and Economic Development Committee. It was the consensus of the Council to make the names public after the appointees have been notified. Council Member Lyden moved to approve the green sheet as presented. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING, Ordinance 03-99, Amending Cable Franchise to Extend Existing Franchise - Mr. Tesch advised that a reduction in staff at the North Metro Telecommunications Commission has slowed down the cable franchise renewal process. The North Metro Telecommunication Commission has requested member cities extend the existing franchise agreement with Media One to October 1, 1999. This will give staff time needed to evaluate the cable company's proposal for renewal. 2 COUNCIL MINUTES MARCH 22, 1999 • Council Member Lyden moved to approve the SECOND READING of Ordinance 03 - 99, as presented. Council Member Dahl seconded the motion. • • Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance 03 - 99 can be found at the end of these minutes. Authorization for Attorney, George Hoff, to do additional work - Ms. Waite- Smith stated that in January, 1999, Council authorized Attorney George Hoff to represent the City in negotiations with Great American Insurance Company. The negotiations are not completed but the attorney fees have reached the previously authorized amount of $1,000. Ms. Waite- Smith stated Mr. Hoff estimates that the next phase of acuity will cod a minimum of $750 and may reach a maximum of $4,000, depending on the amount;and ayp work involved. Ms. Waite- Smith advised that Mr. Hoff is currently o it oftown She asked his assistant about the probability of success relating to this case. Hats assistant advised this case is not a clear cut case. Ms. Waite- Smith stated she also asked'. contingency basis. Mr. Hoff s asnista on contingency. stant if` Mr. Hoff would take the case on a ised IVIS. Waite- Smith that Mr. Hoff does not work Council Member Lyd =' that,unless Mr. Hoff can guarantee there is a 75% or greater chance of wi e c e believes the City is throwing good money after bad. He suggested the item be tabl + «`; a s scussion is held at the next work session. Council Membe ergeson stated he is not prepared to vote in favor of this item. More productive discussion is needed. He indicated he is also in favor of tabling. Council Member Dahl stated she would also like to table this item. She would like more information relating to what the City will be getting for the additional dollars spent. Council Member Neal stated he is in favor of authorizing Mr. Hoff to do additional work. Mayor Sullivan stated she is also in favor of authorizing Mr. Hoff to do additional work. She indicated that she will support a motion to table until more discussion can be held. Council Member Bergeson moved to table the Authorization for Attorney, George Hoff, to do additional work. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. COUNCIL MINUTES MARCH 22, 1999 Adopt Resolution No. 99 - 16, Appointing Sgt. Kent Strege the City's Y2K Coordinator - Ms. Waite- Smith stated Resolution No. 99 - 16 names Police Sergeant Kent Strege the Y2K Coordinator for the City. Ms. Waite- Smith advised Sgt. Strege has attended training on Y2K planning and has been the lead staff person in charge of the Police Department's Y2K activities. As Y2K Coordinator for the City, he will coordinate the ongoing efforts of all City departments and ensure that documentation meets LMCIT requirements. Council Member Bergeson moved to adopt Resolution No. 99 - 16, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 16 can be found at the end of these minutes. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consideration of Contract Hardware, 374 Apollo Drive, Site1' • �Revie i d Minor Subdivision - Ms. Wyland stated Contract Hardware is requesting ate plan review and minor subdivision to allow the construction of an 18,000 square foott office/warehouse/manufacturing facility in the Apollo Business Center. Ms. Wyland noted the Planning and ZoningBoard recommended approval of the Minor Subdivision and Site Plan Review with •ndrions. a ray. Council Member Lyden move following: 1. Pro 2. A devt agreemer Site Plan Review and Minor Subdivision based on the ermits be obtained prior to construction. meat agreement shall be signed which includes a shared driveway 3. Park Dedication shall be collected based on the size of the proposed structure and in accord with the Subdivision and Ordinance. 4. One additional parking space shall be provided to meet parking requirements. 5. Drainage and utility plans shall be subject to the review and approval of the City Engineer with proper easements shown on the site survey document. 6. Trash handling shall be indicated on the plans and properly screened from adjoining properties and public roadways. 4 • COUNCIL MINUTES MARCH 22, 1999 7. The parking area shall be paved with a bituminous material and concrete curb and gutter provided around its perimeter and the access drive. 8. Roof top heating and ventilating units shall blend with the exterior of the building. 9. Final building, lighting and landscaping plans shall be subject to the review and approval of City Staff including the Building Inspector, CPTED Officer and City Forester. 10. A signage plan shall be submitted to City Staff for their review and approval prior to issuance of any sign permits. 11. Permits shall be obtained from the Rick Creek Watershed District prior to any site work. 12. There will be no outdoor storage allowed. Council Member Neal seconded the motion. Motion carried Consideration of Clearwater Creek Phase III, Rezone from Rural and Rural Executive to PDO/Single Family and Preservation Development•Preliminary Plat and Comprehensive Plan Amendment (4/5 Vote Required) - Mr. Smyser started the application is for a • Comprehensive Plan Amendment including'MUSA Amendment, rezoning from Rural and Rural - X to Planned Development Overlay (FDO) for .single family residential use, and approval of the • preliminary development plan ft �' D Mr. Smyser noted the Zoning Board considered the applications and held a public � � � • .�� hearing on the Plan s ®- nt . . Rezoning. The Planning and Zoning Board voted to recommend app 1. T"vote was as follows: • Comprehensive Plan Amendment including MUSA Rezone t ` DO from R and R -X PDO Development Plan, with conditions 3 - 2 approve 4 - 1 approve 3 - 2 approve Mr. Steve Apfelbaum came forward and gave the background on the City's new Environmental Development Plan. He stated the City has developed a process to combine development and protect the lands natural resources. He stated he is an advocate of the process. Mr. Apfelbaum stated Mr. Quigly, Developer for Clearwater Creek, has worked together with the City to develop a plan that protects the land and allows for more open space. He showed the first plan from the developer and compared it to the final plan, noting the changes. He stated the new process is a win/win situation for the community and the developer. He advised that the plan is not a perfect plan and refinements can be made. COUNCIL MINUTES MARCH 22, 1999 Mr. Apfelbaum stressed the need for an ongoing relationship with the developer. He also stated the City needs a model project on the ground. Lino Lakes is on the cutting edge for open space developments. Mr. Smyser noted the City is working with the Minnesota Land Trust relating to conservation easements. The Land Trust has a number of criteria to take on the conservation easements. This plant did not meet that criteria because of the configuration. The City will continue to work with the Land Trust in the future for other developments. Mr. Smyser added that deed restrictions will be used as part of the Homeowners' Association. The Homeowners' Association will own the open space. The City will own the parks and trails. He noted a condition of approval is City reviewal of the Homeowners' Association by-laws. Mr. Quigly added that the lots that have trails passing through them will be constructed in a manner that the garage side will be toward the trail. There will be additio l aping on the comers. He expressed concern regarding residents of Phase I and II ling estri:d towards using the open space areas. There will, however, be trail access orcm o c`d be an issue that does need to be worked on. Council Member Bergeson indicated he is in favor of the will vote yes. Council Member Lyden stated he will not vote in favor of the plan until the City has mechanisms in place to control growth. Council Member Dahl stated good plan but the City is adopted. She stated Council Memb avor ofPDO's. She stated she believes the plan is a of i if because a Comprehensive Plan has not been vor of the plan until the Comprehensive Plan is in order. ated he is in favor of the plan. Mayor Sullivan stated that Council Member Lyden misrepresented the City's lot inventory during his statement this evening. She stated there are no City Ordinances in place that can restrict development. The City is depending on the good will of the developers. This is the type of development citizens have indicated they want. She stated she is in favor of the plan. She indicated she does have concerns regarding the conditions of approval. Because of those concerns, she feels the plan can be tabled until more discussion is held. She stated the trail connection in the park needs to be completed. The issue of outlot ownership also needs to be cleared up. Mayor Sullivan moved to table Clearwater Creek Phase III, Rezone from Rural and Rural Executive to PDO/Single Family and Preservation Development Preliminary Plat and Comprehensive Plan Amendment until the April 12, 1999, Council meeting. The issues of the Council Members and outlot management will be discussed at the next work session. Council Member Lyden seconded the motion. 6 • • • COUNCIL MINUTES MARCH 22, 1999 Mr. Smyser stated if the issue is acted on at the next Council meeting there will not be a problem with an extended application. Mr. Quigly stated he is willing to wait until the next Council meeting for approval. He noted a great deal of thought has gone into the project and he looks forward to completing it. Council Member Bergeson stated the details on the trail issue regarding house proximity should be discussed. Council Member Lyden stated he would like the City Attorney to address legal means the City has to control staging and growth. He asked that the Attorney respond to this project specifically. Mr. Hawkins noted the City legally has no mechanisms to restrict developme Motion carried unanimously. PUBLIC HEARING, First Reading, Ordinance No. 05 - 99, Easement, Clearwater Creek Phase III (4/5 Vote Required:, order to plat the Clearwater Creek 3rd Addition, the existing;ro area of the development must be vacated. Ms. Wyland suggested the public hearing hf meeting when a decision is made regardin n of Roadway gland advised that in way easements through this enedand then continued until the next Council ater Creek Phase III. Mayor Sullivan openedepu�c�llearing'at 7:52 p.m. Council Member Lydon ' x� d to continue the public hearing at the April 12, 1999, Council meeting. Cou em. ,Dahl seconded the motion. Motion carried unanimously. Mayor Sullivan ed for a short recess at 7:53 p.m. Mayor Sullivan reconvened the meeting at 8:01 p.m. Consideration of Behm's Century Farms 5th Addition, Revised Preliminary Plat - Ms. Wyland stated Mr. Gary Uhde has requested review of a revised preliminary plat for the Behm's Century Farm 5th Addition. The revised preliminary plat is a result of work that has allowed the realignment of the cul-de-sac to the north and the addition of 8 lots. It has also proved for the modification of the trail and open space plan through this are to preserve more of the ecological resources within the project and provide a better connection to future development to the north. COUNCIL MINUTES MARCH 22,1999 Ms. Wyland advised that Mr. Uhde does have homeowners booklets that include a disclosure regarding the Williams Pipeline and existing air park. She stated the city attorney will review the disclosures. Ms. Wyland noted the Planning and Zoning Board approved with a 5-0 vote and conditions. Included in the approval is the variance for Lot 7, Block 4 and the cul-de-sac length. Council Member Bergeson moved to approve the revised preliminary plat based on the following conditions: 1. Permits are obtained from the Rice Creek Watershed District, the U.S. Army Corps of Engineers and Anoka County for access to Sunset Road. 2. Grading, drainage and utility plans are approved by the City Engineer. 3. Drainage and utility easements are provided along all lot lines and placed over designated wetland and drainage areas subject to the review and approvalthe City Engineer. 4. The plat is redrawn to eliminate the needfforthe lot depth variance on Lots 1 and 2 and an easement for trail purposes is provided"ower the drainage and utility easements on these lots that connect to the trail segmentprovided on the plat. 5. A variance is granted for lo Palomino Lane. 6. A detailed screening at th from ad Lot 7, Block 4 and the cul-de-sac length for and tree preservation plan is submitted which addresses ery othe plat and reduces the visual impact of the subdivision ies outside the plat. 7. The d open shall provide a disclosure statement for all properties abutting trails. 8. The developer shall remove all brush and dirt piles surrounding the pond as detailed in his letter to residents of Behm's 2nd Addition dated March 4, 1999. An additional neighborhood meeting will be held in late April to insure resolution of neighborhood concerns. 9. Disclosures on the Williams Pipeline are subject to the review of the city attorney. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Lyden voting no. PUBLIC HEARING, First Reading, Ordinance No. 06 - 99, Vacation of Easements in Old Arborlake Plat (Replatted Otter Bay) (4/5 Vote Required) - Ms. Wyland advised an area in the southeast portion of Lino Lakes was platted as Arborlake in 1980. The development was 8 • • • COUNCIL MINUTES MARCH 22, 1999 replatted in 1987 as Otter Bay, however, the roads and easements of the original plat were not vacated and do not match the roads and easement in the new plat. For unknown reasons, these underlying roads and easements have not been an obstacle to other property transfers. However, in the interest of providing clear titles to the fourteen properties in Otter Bay, staff recommended the vacation of the roads and easements in Arborlake. Ms. Wyland noted the roads and easements in the Otter Bay plat will remain as platted. Mayor Sullivan opened the public hearing at 8:18 p.m. Council Member Lyden moved to close the public hearing at 8:19 p.m. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Lyden moved to approve the First Reading of Ordinance=No { 99, as presented. Council Member Neal seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted Coi Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan ote` -yes. Motion carried unanimously. Consideration of Trapper's Crossing -2nd preliminary plat for Trapper's Crossing \ The first addition was final plattedon, available. The balance of the develt ment Addition contains 52 wits ar dis oeated on the easterly side of the southern portion of the development. di on, Final Plat - Ms. Wyland advised the roved by the City Council on August 8, 1994. , '1996, and only six (6) of those 28 lots are as been divided into two (2) phases. The 2nd Staff recommendedapproval of the final plat subject to the review and approval of the final grading plans by=the City Engineer. Mr. Hawkins noted the issue on this item relates only to the final plat conforming to the preliminary plat. The preliminary plat was previously approved. If the developer adheres he has the right to continue development. Mayor Sullivan directed Mr. Hawkins to review the development contract. She asked that he discuss the issue of the 4 foot fence with the two abutting property owners after he reviews the contract. Mayor Sullivan noted there is not a conflict of interest relating to Council Member Dahl. The preliminary plat was approved before she became a member of the Council. COUNCIL MINUTES MARCH 22, 1999 Council Member Bergeson moved to approve the final plat of Trapper's Crossing 2nd Addition subject to the review and approval of the final grading plans by the City Engineer. Council Member Neal seconded the motion. Council Member Neal stated he is in favor of the project and will vote yes. Council Member Dahl indicated she will vote in favor of the project. She stated she has no control of it and was not a part of the original plan. She noted she does want the fence to be put in. Mayor Sullivan stated she is in favor of the project. It is the responsibility of Council to verify that the final plat is the same as the preliminary plat. Council Member Lyden stated he is not in favor of the project. He stated the City needs time to explore issues relating to growth control. Council Member Bergeson stated he is in favor of the project b ons f ax iendation that the final plat is the same as the previous plat. Motion carried with Council Member Lyden voting Consideration of Resolution No. 99 - 18, Accept Bids and Award Construction Contract, Apollo Drive Phase 3, John Powell l r. Powell stated the City Council approved the plans and specifications for this project on Au ust 10.1998, with the understanding the project would not be bid until early 1999. Sealed it1` ere received and opened on Tuesday, March 9, 1999, for the Apollo Drive Phase 3 The low bid from Cen � � dsca "mg, Inc. in the amount of $373,094.41, is approximately 9% below the Eng ate for this project. Mr. Powell advi ed the'project will be financed through special assessments to benefiting property owners, Anoka County (through the Joint Powers Agreement), and the City of Lino Lakes. The proposed schedule for the project is as follows: Council Awards Bid Construction Begins Construction through Bituminous Base at Lilac/Apollo Construction Complete March 22, 1999 April 15, 1999 June 15, 1999 August 15, 1999 Council Member Neal moved to adopt Resolution No. 99 - 18, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 18 can be found at the end of these minutes. 10 • • • • • COUNCIL MINUTES MARCH 22, 1999 Resolution No. 99 - 19, Consideration of Joint Powers Agreement for Water Service with the City of Centerville, John Powell - Mr. Powell stated that in order to provide an emergency water source for the two (2) communities, and to assist water storage needs for the City of Centerville on a temporary basis, the cities of Lino Lakes and Centerville propose to connect their respective water systems through a valved and metered interconnection. A Joint Powers Agreement is necessary to define financial responsibilities and conditions between the two (2) cities. Mr. Powell noted the City has reviewed the agreement in a draft form and has now been approved by the City of Centerville. Council Member Bergeson moved to adopt Resolution No. 99 - 19, as presented. Council Member Dahl seconded the motion. Council Member Neal stated a stand by charge should be include Motion carried unanimously. Resolution No. 99 - 19 can be found at the end othese. Resolution No. 99 - 20, Consideration of Agreement with Williams Pipeline Company for Behm's Century Farm 5th Addit'on, JohnI'owell - Mr. Powell advised Williams Pipeline Company has recently informed ityhat they "are reconsidering the terms of the proposed agreement for use of their ease Council Member Lydwed to opt Resolution No. 99 - 20, as presented. Council Member Dahl seconded::-- roti • ;, Motion carried unanimously. Resolution No. °4 ' 20 can be found at the end of these minutes. FIRST READING, Ordinance No. 04 - 99, Exchange of Property with James and Tracy Douglas, John Powell - Mr. Powell advised that as part of the Lake Drive Trunk Utility and Apollo Drive -Phase 3 projects, the City acquired the Orman property located on the north side of Lilac Street. Immediately north and west of the Orman parcel is the Douglas property. Mr. Powell stated a portion of the Douglas property was also needed for this project primarily for construction of a storm water pond. As a result of negotiations with James and Tracy Douglas, the City agreed to exchange that portion of the Orman property which is not needed for the improvements for that portion of the Douglas property which is needed for pond construction. Council Member Dahl moved to approve the First Reading of Ordinance No. 04 - 99, as 411 presented. Council Member Neal seconded the motion. COUNCIL MINUTES MARCH 22, 1999 Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Consideration of Resolution No. 99 - 17, Accepting Bids and Awarding Contracts for Landscaping the Civic Complex, Mary Alice Divine - Ms. Divine advised the City has called for bids on landscaping for the Civic Complex. Bids were opened on Tuesday, March 9, 1999, 4:00 p.m. The City received one landscaping bid from Prescription Landscape of St. Paul. Staff and Adolfson & Peterson, the construction manager, recommended acceptance of the base bid of $34,690 because it was within the range budgeted for landscaping. Ms. Divine noted the base bid is for supply of topsoil, seeding, sod, mulchh rock -and a fieldstone retaining wall. Council Member Lyden moved to adopt Resolution No. 99 - Dahl seconded the motion. Motion carried unanimously:. Resolution No. 99 - 17 can be found at the end of these minutes ...<Council Member Resolution No. 99 - 21, In Support of Minnesota DNR Conservation Planning Grant, Brian Wessel - Mr. Wessel stated Resolution No 99 21 supports submittal of a grant to the Minnesota Department of Natural Resource tinder a new program called Metro Greenways Planning Grant Program. The grant request of $ ,5 0 would e used to provide equipment and software that would support revision and regal ,our natural resource inventory. This field survey will be a part of the City's developrtlentp iii process. The proposal would possibly share the costs of GPS equipment with e§ -"Anoka County Parks Environmental Department. The City match for this grant proposal would be $9,500, using surface water management funds. Council Member Bergeson moved to adopt Resolution No. 99 - 21, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 21 can be found at the end of these minutes. JADT Amoco/McDonalds, Lake Drive at Apollo, Planned Development Overlay, Preliminary Plat, Conditional Use Permit, Jeff Smyser - The application is for PDO, Preliminary Plan, and Conditional Use Permit. 12 • • COUNCIL MINUTES MARCH 22, 1999 Mr. Wessel stated he has been working with Mr. Tim Baylor on this project. The project initially included a combined McDonalds/gas station. Mr. Baylor has recently negotiated with McDonalds for a stand alone restaurant. Mr. Smyser noted the staff is recommending denial based on the findings in the report. Mr. Alan Brixius, Planning Consultant, reviewed the background of the project. He noted the combination McDonalds/gas station was a change from the original concept plan. He indicated the City has received a conceptual plan for a stand alone McDonalds but have not had time to review the plan. He stated the Council must act on the plan or the developer must request an extension. Mr. Baylor, developer for the project, came forward and stated he has negotiated with McDonalds for a stand alone restaurant which took a great deal of time. He stated staff received the revised preliminary plat last week. Mr. Baylor asked that the evaluation of the project continue. Heb the preliminary plat, and PDO. The City may send the site pl. He indicated the message he has received from the property owner i tha approved this evening, the property may not be available for ydevloprnent. cil approve ough e City process. ithe plan is not Mr. Hawkins noted that because the plan has been changed, it cannot be approved without another public hearing. He indicated he agrees with,the staff recommendation. Mr. Greg Frank, engineer for thepr drainage issue has been resolved. Mayor Sullivan stated,' needed. The City is in work. ame forward and reviewed the plan. He stated the noted there will be tree impact but the wetland will remain. is unable to take further action. Additional information is a stdnd alone McDonalds. She thanked Mr. Baylor for his hard Mr. Brixius not City can waive the 12 month waiting period if the project is denied. Council Member Lyden asked Mr. Baylor if he could request an extension. Mr. Smyser stated if the City receives the application by Wednesday and site plan by Friday, the project could go through the various boards and return to Council on April 26, 1999. If the revised plan is not received this week there will an additional 30 day delay. Mr. Baylor stated he appreciates the staff time and Council consideration on the project. He stated he also appreciates the Council flexibility regarding the 12 month waiting period. He asked that the Council vote on the plan this evening. Council Member Lyden moved to deny the application based on staff recommendation. Council Member Bergeson seconded the motion. COUNCIL MINUTES MARCH 22, 1999 Council Member Bergeson suggested the motion be amended to waive the 12 month waiting period. Council Member Lyden moved to amend the motion to deny the PDO, Preliminary Plat, and Conditional Use Permit and waive the 12 month waiting period based on the findings in the staff report. Council Member Bergeson seconded the motion. Mayor Sullivan asked that staff continue to work on the project. If the project is appropriate, issues should be resolved to make it happen. Motion carried with Council Member Neal voting no. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Consideration of Resolution No. 99 -15, Accepting Donation from Circl3 Party Wagon - Upon adoption of the agenda, this item was deleted. OLD BUSINESS - None NEW BUSINESS ions for a Consideration of February 17, 1999, Special Council Meeting Minutes (Council Member Bergeson and Neal were absent) - Council Member Lyden moved to approve the February 17, 1999, Special Council Meeting Minutes. as presented. Council Member Dahl seconded the motion. Motion carried with Ccunc Metaaber`Bergeson and Neal abstaining. Consideration of Fe, Bergeson and Neal we. 1999, Council motion. Motio 99, Council Work Session Minutes (Council Member sent) -Council Member Dahl moved to approve the February 17, Minutes, as presented. Council Member Lyden seconded the Council Member Bergeson and Neal abstaining. Consideration ofune 24, 1996, Council Meeting Minutes (Council Member Dahl and Mayor Sullivan were not Members of the Council, Council Member Bergeson was absent) - Council Member Lyden moved to approve the June 24, 1996, Council Meeting Minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl, Bergeson, and Mayor Sullivan abstaining. Consideration of March 3, 1999, Council Work Session Minutes - Mayor Sullivan asked for clarification regarding the non-compliant bleacher within the City. Mayor Sullivan moved to pull the March 3, 1999, Council Work Session Minutes and discuss them at the next work session. Council Member Dahl seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR MARCH 23,1999 THROUGH APRIL 12, 1999 14 • • • COUNCIL MINUTES MARCH 22, 1999 Town Center Group Meeting, Tuesday, March 23, 1999, 6:00 p.m. Regional Park Meeting, Thursday, March 25, 1999, 7:00 p.m., Wargo Nature Center Fire Department Appreciation, Saturday, March 27, 1999, Gulden's in Maplewood Environmental Focus Group Meeting, Wednesday, March 31, 1999, 6:30 p.m. EDAC, Thursday, April 1, 1999, 7:00 a.m. Environmental Board Meeting, Thursday, April 1, 1999, 6:30 p.m. Park Board Meeting, Monday, April 5, 1999, 6:30 p.m. Mayor's Round Table, Monday, April 5, 1999, 7:00 p.m. Council Work Session, Wednesday, April 7, 1999, 5:30 p. Joint City Council and Charter Commission Meeh; , Thursday, Regular Council Meeting, Monday, Aprd 12,4999, 6.30 p.m. pri1 8, 1999, 7:00 p.m. Planning and Zoning Meeting, Wednesday, April 14, 1999, 6:30 p.m. Annual Board of Review. 9April 19,1999, 6:30 p.m. Earth Day - Ci Aucon,Saturday, April 24, 1999 ADJOURN There being no er business, Mayor Sullivan moved to adjourn at 10:25 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, May 10, 1999. IIS �.►,�� ..�r R a), Jean Viger, Deputy Clerk Tr. 'scribed by: Kim Points TimeSaver Off Site Secretarial, Inc. ilivan, Mayor Council Member Lyden introduced the following Ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 03-99 AN ORDINANCE AMENDING THE CABLE FRANCHISE ORDINANCE NO. 83- 08, ARTICLE 2, SECTION 4, FRANCHISE TERM The City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION 1. Ordinance No. 83-08, Article 2, Section 4, Franchise Term, is hereby amended to read: Section 4.04 Franchise Term This Franchise shall commence upon the effective date of the regular certificate of confirmation issued by Board and shall expire on October 1, 1999 unless terminated sooner as hereinafter provided. SECTION 2. This Ordinance shall be effective upon passage and official publication. PASSED by the City Council this = 22 day of March, 1999. M. Viger, Depu ullivan, Mayor e motion for ado ► tion of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Neal Sullivan, Lyden, Dahl The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. • • • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-16 RESOLUTION APPOINTING Y2K COORDINATOR WHEREAS, the City of Lino Lakes recognizes that the Year 2000 problem involves more than just a computer issue; and WHEREAS, the City recognizes that all of its departments and services may be impacted by the Year 2000 problem; and WHEREAS, the City has adopted a policy establishing the Year 2000 problem as a top priority for all city operations; and WHEREAS, the City in this policy sets forth its commitment to identify, address and resolve potential problems created by Year 2000 issues and to make its best effort to ensure continuity of essential city services; and WHEREAS, the City's efforts to minimize the potential impact for the Year 2000 problem will likely involve multiple city operations and outside organizations; and WHEREAS, the City believes that coordination of all persons working on the Year 2000 problem on behalf of the City is essential to the efficiency and effectiveness of the City's overall Year 2000 effort; and WHEREAS, the City pledges to create contingency and community preparedness plans to reduce the possible effects of computer and operational system failures throughout the community; and WHEREAS, the League of Minnesota Cities has requested that cities designate a contact person to receive information on the Year 2000 problem; THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby appoints Sgt. Kent Strege to serve as the City's Year 2000 Project Coordinator. Adopted by the City of Lino Lakes City Council this "22nd day of March, 1999. • M. Viger, Depu ullivan, Mayor e motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said resolution was declared duly passed. • • • Council Member Neal adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 99-18 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT — APOLLO DRIVE PHASE 3 IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the construction of the Apollo Drive Phase 3 Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Central Landscaping, Inc. 13655 Lake Drive Forest Lake, MN 55025 OptiCon, Inc. 10300 Portland Avenue South Bloomington, MN 55420 W. B. Miller, Inc. 6701 Norris Lake Road NW Elk River, MN 55330 Ryan Contracting, Inc. 8700 13t Avenue East Shakopee, MN 55379 Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 S. R.Weidema, Inc. 17600 113t Avenue North Maple Grove, MN 55369 Richard Knutson, Inc. 12585 Rhode Island Avenue South Savage, MN 55378 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Engineer's Estimate Bid Amount $ 373,094.41 $ 379,986.49 $ 386,209.12 $ 387,629.08 $ 394,804.87 $ 395,477.04 $ 398,047.06 $ 425,376.08 $ 428,132.37 $ 411,180.50 AND WHEREAS, it appears that Central Landscaping, Inc., is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Central Landscaping, Inc., 13655 Lake Drive, Forest Lake, Minnesota 55025 in the name of the City of Lino Lakes for the construction of the Apollo Drive Phase 3 Improvements according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to retum forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council thi • 2 1999. ullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said resolution was duly passed and adopted CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 22, 1999. • • Council Member Bergeson moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 99 -19 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT WITH THE CITY OF CENTERVILLE FOR WATER SERVICE AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. WHEREAS, the City of Lino Lakes and the City of Centerville agree that a controlled connection of their two water systems is in the best interest of both communities, and WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: • 1. Water Service and to authorize the Mayor and City rk to sign the Agreement. Hereby approve the Joint Powers Agreement with the City of Centerville for - Adopted by the City Council this 22nd day • M , , 1999 i �� !' wan, Mayor • it0.`^My\ The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same:' none Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 22, 1999. -. A Se a� t� , A � - . Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99 - 20 RESOLUTION approving the ENCROACHMENT AGREEMENT WITH WILLIAMS PIPE LINE COMPANY. WHEREAS, Williams Pipe Line Company has an existing easement over a portion of Section 7 to be re -platted as Behm's Century Farm 5th Addition, and WHEREAS, The City of Lino Lakes proposes to construct public improvements within the easement, and WHEREAS, Williams Pipe Line Company requires an encroachment agreement for such construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approve the Encroachment Agreement with Williams Pipe Line Company. Adopted by the City Council this 22' day o t 1:1 C\ &e. K The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan . I99•,1 iiitr Ki : - A. 7 an, Mayor The following voted against same: none Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 22, 1999. CAQ • • • • • • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-17 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR LANDSCAPING FOR THE CIVIC COMPLEX WHEREAS, pursuant to an advertisement for bids for landscaping for the Civic Complex; bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement: Name: Amount of Bid Prescription Landscape, Inc. 1311 Sylvan St. St. Paul, MN 55117 $34,690.00 ND WHEREAS, it appears that Prescription Landscape, Inc. St. Paul, Minnesota, is the lowest responsible bidder for landscaping; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and•City Clerk are hereby authorized and directed to enter into the contract with Prescription Landscape, Inc. in the name of the City of Lino Lakes for the Civic Complex, according to the plans and specifications therefore approved by the City Council and on file at Lino Lakes City Hall. A s ted by ouncil of the City of Lino Lakes this 22nd day of March, 1999. hup.- •S.'ivan, Mayor Jean M. Viger, Duty Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 22, 1999. A , C -v dean M. Viger, De uty Clerk • • • • • • Council Member Bergeson its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 99 -11 RESOLUTION SUPPORTING MINNESOTA DEPARTMENT OF NATURAL RESOURCES METRO GREENWAYS PLANNING GRANT SUBMITTAL WHEREAS, The City of Lino Lakes has a vast and extensive natural resource heritage, AND WHEREAS, The City of Lino Lakes natural resource heritage is acritical component in maintaining the area's high quality of life, its economic and environmental vitality, AND WHEREAS, The City of Lino Lakes has provided funding over the last two years for the extensive study of the natural resource base and the development of a Management Plan for these resources, AND WHERAES, the preservation development process developed in our management plan includes the need to refine site boundaries and update restoration efforts into our inventory, AND WHEREAS, Anoka County Rice Creek Chain of Lakes Regional Park includes 2600 acres of dedicated resource with several large recreational lakes, AND WHEREAS, Anoka County Parks has developed a similar resource inventory and management plan simultaneously with the City of lino Lakes, AND WHEREAS, the City will be collaborating in resource management efforts with Anoka County, and the Rice Creek Watershed District, and there is a need for support tools by both Anoka County and The City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Supports the grant proposal to the Minnesota Department of Natural Resources for a planning grant for the purchase of needed equipment under the Conservation Partners Program. Adopted by the Lino Lakes City Council thi n A. The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson,Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said resolution was duly passed and adopted. • • • • • • CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on date.