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HomeMy WebLinkAbout07/26/1999 Council Minutes• • • COUNCIL MINUTES JULY 26, 1999 CITY OF LINO LAKES MINUTES DATE : July 26, 1999 TIME STARTED : 6:31 P.M. TIME ENDED : 9:07 P.M. MEMBERS PRESENT : Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch; City Attorney, Bill Hawkins; Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); City Planner, Jeff Smyser; Economic Development Assistant, Mary Alice Divine (part); Public Services Director, Rick DeGardner; Fire Chief Milo Bennett (part); and City Clerk -Treasurer, Marilyn Anderson SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA 440 Council Member Neal moved Item Bi, July 261nditures to Item 6A under New Business. Council Member Dahl moved to h ended Consent Agenda, as amended. Council Member Neal seconded the ITEM MINUTES: July 7, 1999, Council Work Session July 12, 1999, Regular Council Meeting July 12, 1999, Special Council Meeting DISBURSEMENTS: Centennial Fire District ion carried unanimously. ACTION Approved Approved Approved Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. COUNCIL MINUTES JULY 26, 1999 OPEN MIKE Mr. Fritz Johnson, President of the Lino Lakes Chamber of Commerce, came forward and gave the Council an update on the progress of the organization of the new Chamber. A brochure has been developed and all Lino Lakes businesses interested in becoming a member are welcome. The Chamber has been established to support economic development, which is crucial to this City. The Chamber has established a Public Policy Committee to informally interview persons interested in running for City Council or the Mayor's office this fall. Anyone wishing to be interviewed can call the Chamber of Commerce and set up an appointment. The Chamber will stick to the issues and will not endorse any candidate. No one else appeared under open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Presentation of Plaques to Planning & Zoning Board Member Environmental Board Members Who Have Given Many Y Mayor Sullivan - Mayor Sullivan presented a plaque to Mr. years of membership on the Park Board. She thanked hi community Members, and o the City, cognizing his six (6) of service to the Mr. Schmidt came forward and thanked trecognition. He asked that the Council continue to support the City . �w 'i' ar Board. Plaques for other former me • s ark oard, Planning and Zoning Board and the Environment Board will be o g, recipients. Mayor Sullivan stated ;ti"; ff recommended that one City employee should be specially recognized for her hard elating to the completion of the new City Hall. She presented a plaque to Ms. Mary Alic Divine and thanked her. Centennial Fire District Year 2000 Proposed Budget, Milo Bennett - Chief Bennett presented the 2000 Fire District Budget that was presented to the Fire District Steering Committee. That Committee recommended that the budget be brought to the each City Council for their review and approval. The budget contains a 2.72% increase over the 1999 Budget and will again allow the cost per citizen to decrease slightly. Council Member Lyden moved to approve the 2000 Centennial Fire District budget, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Authorize Hiring of Replacement City Clerk/Treasurer, Dan Tesch - Several months ago, staff was authorized to begin the process of finding a replacement for the City Clerk -Treasurer who will be retiring at the end of the year. 2 • • COUNCIL MINUTES JULY 26, 1999 Staff recommended that an offer of employment be extended to Ms. Ry-Chel Gaustad. Ms. Gaustad's first day of employment is scheduled to be August 16, 1999. Her starting salary will be $41,967.00. Council Member Dahl moved to hire Ms. Ry-Chel Gaustad as proposed by staff. Council Member Neal seconded the motion. Motion carried unanimously. Consider Re-establishing Finance Director Position, Linda Waite Smith - Staff requested the City Council reestablish the Finance Director position and authorize staff to recruit applicants for the position. Council Member Dahl moved to reestablish Finance Director position and authorize staff to recruit applicants for the position. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, B SSEL FIRST READING, Ordinance No. 20 - 99, Rezone From o siness to General Business, Conditional Use Permit & Site Plan R e 'can Legion Club Post 566, Lake Drive, Jeff Smyser - The City owns four (4) the t side of Lake Drive north of 77th Street. The old Police Department buildinThe Legion Club is purchasing the lot with the former Police Department buildin hes to remodel the old building and build an addition. The Legion club will themodeled and enlarged building. The Legion Club has submitted a Use Permit and a Site Plan R proceed with their plans. one the property, an application for a Conditional f these requests will enable the Legion Club to At the July 14, 1999, "` :. � • ning meeting, a resident submitted a petition with the signatures of 83 residen . pp • sing the project. The Council has received a copy of the petition. The Planning & Zoning Board reviewed each application and approved the rezoning, CUP, and site plan requests with several conditions. Council expressed concern regarding the petition opposing the project. Mr. Moser, representative for the Legion Club, came forward and stated that the Legion Club obtained a list of residents near the site from City staff. The original list contained 45 homes. There were only eight (8) residents from the area that were present at the Planning & Zoning Board meeting that were opposed to the project. He added that approximately 60% of the people who signed the additional petition would not be impacted by the project. • The City Attorney explained the opposing petition is for informational use only. 3 COUNCIL MINUTES JULY 26, 1999 Mr. Don Dunn, 6885 Black Duck Drive, came forward and stated he is supportive of the project noting the Legion Club will bring a lot to the City. The Legion Club gives back to the citizens, pays taxes, and employs residents. He urged the Council to approve the project and move forward. Mr. Lyle Carpenter, a representative for the VFW Club, came forward and stated he and the VFW Club are supporting the Legion Club requests. He asked the Council to do what is best for the community and allow the project to move forward. Mr. Michael Flor Jr., a member of both the Legion Club and VFW Club, came forward and read a letter from a resident who attended the 51st Annual Legion Boy's State. The letter thanked the Legion Club for their support and sponsorship. Mr. Flor indicated that this is an example of the kind of work the Legion Club performs for the community. Council Member Neal moved to approve the FIRST READING of Ordinance No. 20 - 99, as presented. Council Member Dahl seconded the motion. Council Member Bergeson voted yea. Council Member Dahl vote e . ou = it Member Lyden voted yea. Council Member Neal voted yea. Mayor Sullivan nv Motion carried unanimously. Council Member Dahl moved to approve the coni ion e permit including the stipulations d the motion. outlined in the staff report. Council Memb Council Member Bergeson noted Council. If the residents livin Council aware of them at t Motion carried unani alt7se permits are reviewed annually by the gio Club have concerns, they should make the City nditional use permits are reviewed. Council Member Dahl ed to approve the site plan with the conditions outlined in the staff report. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING, Ordinance No. 19 - 99, Authorizing the Sale of Land by the City of Lino Lakes to Blaine American Legion, Brian Wessel - On June 28, 1999, the City Council adopted Resolution No. 99 - 48 directing staff to prepare an ordinance authorizing the sale of Lot 15, Block 2, Carole's Estates 2nd Addition to the Blaine American Legion for $50,000 plus any applicable assessments. The first reading occurred on July 12, 1999. This is the SECOND READING of Ordinance No. 19 - 99. Council Member Neal moved to approve the SECOND READING of Ordinance No. 19 - 99, as presented. Council Member Lyden seconded the motion. 4 • • • COUNCIL MINUTES JULY 26, 1999 Mayor Sullivan noted that she and Council Member Bergeson are supportive of the Legion Club but had expressed concern about the additional discounted price for the land. Motion carried with Council Member Bergeson and Mayor Sullivan voting no. Ordinance No. 19 - 99 can be found at the end of these minutes. Report from City Auditor - Mr. Darwin Viker, Larson Allen Weishair and Co., LLP, presented the City's 1998 financial audit and report. He explained the audit was prepared using standard auditing guidelines approved by the State Auditor. Mr. Ron Hedberg, Larson Allen Weishair and Co., LLP, reviewed the highlights of the management report and answered questions from the Council. Ms. Waite Smith noted that the 1998 Audit was prepared without the assistance of a chief financial person. Council thanked the accounting staff for their hard w paring the information needed for the audit. A copy of the City's audit report will be placed in the citizen li Tlblic inspection. The Council thanked Mr. Viker and Mr. Hedberg r Consideration of Preliminary Plat, Hig East, Jeff Smyser - North Suburban Development, Inc. is requesting preli • .4 . ` . •royal for 6.43 acres located along 79th Street. The proposed plat consists of sev i • ial ots and two (2) outlots. Two (2) of the lots already contain homes. The P << ' _ •nin: Board reviewed the request and held a public hearing. They recommende.: a s be reduced to four (4) new house sites. Mayor Sullivan expres include the platting of t concerns regarding this regarding the approval of a preliminary plat that does not 2) outlots. She noted that the Environmental Board also had ect of the project. Mr. Hawkins explained that technically the entire parcel is being platted. If the plat meets the standards outlined in the City Code, there may be a legal challenge if the preliminary plat is not approved. After further discussion of this matter, Council determined a condition requiring disclosure of the future plans for the two (2) outlots would be added to the list of conditions for approval. Council Member Bergeson moved to approve the preliminary plat based on the 17 conditions outlined in the staff report and adding an 18th condition, "A disclosure of the future plans for the two (2) outlots". Council Member Dahl seconded the motion. COUNCIL MINUTES JULY 26, 1999 Mayor Sullivan clarified that the City does not have the option to require full platting of the property. Motion carried unanimously. Consideration of Amended Conditional Use Permit & Site Plan Review, Rehbein Transit, 6295 Hudson Road, Mary Kay Wyland - Rehbein Transit Inc. is requesting an Amended Conditional Use Permit and Site Plan Review to allow the construction of a 14 foot by 26 foot addition to the rear of their office/shop building. The 364 square foot addition will be used as a dispatch office. Council noted that currently this business is operating in a residential area and asked if the owners have considered relocating to a commercial/industrial area. Mr. Reed Rehbein came forward and stated he has been in that location since the early 1960's. He also has another location for other buses and would prefer the buses be located in one area. Relocation has been discussed and may occur in the next 5-6 years. Mayor Sullivan asked staff to make sure the area was not char r'' "'N• `ce zoning in the proposed Comprehensive Plan. Council Member Bergeson moved to approve the itional Use Permit and Site Plan Review based on the conditions outlined in ' ; port. Council Member Lyden seconded the �� on carried unanimously. Consideration of Site Plan Gordy Johnson, owner of foot addition to his ex' addition will increase OR SA, 500 Apollo Drive, Mary Kay Wyland - Mr. requesting a site plan review to allow a 33 foot by 60 square foot facility at 500 Apollo Drive. The proposed se space by 1,980 square feet. The Planning & Zoning • and reviewed this request and recommended approval of this site plan review on a 6-0 vote with conditions. Mr. Gordy Johnson, UDOR USA, came forward and stated he was given the impression an 8,200 square foot addition could be constructed without the sprinkling requirement. Because sprinkling will be required for the 33 foot by 60 foot addition, he asked that the addition be increased to a 40 feet by 60 feet or 2,400 square feet. He requested the Council approve the additional footage this evening because time is a factor. Staff explained that even with the additional square footage, the addition would meet all setback requirements. The building size is appropriate and nothing else will be disturbed by including the additional seven (7) feet. 6 • • COUNCIL MINUTES JULY 26, 1999 Council Member Lyden moved to approve site plan review to allow a 40 foot by 60 foot addition to the existing 6,000 square foot facility at 500 Apollo Drive. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Variance, James Lambrecht, 1083 Aspen Lane, Mary Kay Wyland - Mr. Lambrecht is requesting a variance to allow the construction of a 10 foot by 18 foot porch addition to his home at 1083 Aspen Lane that will be 20 feet from the side property line. The ordinance requires a 30 foot setback from the side property line. Staff explained that the request does not meet any of the five (5) findings of fact required to grant a variance. The Planning and Zoning Board considered this request and recommended denial of the request. Mr. Lambrecht, 1083 Aspen Lane explained the home was built 10 years ago and it was adequate at that time. Now he needs additional footage for his family. He has looked at other locations for the porch but none are feasible. Mr. Lambrecht said he likes living in the area and does not want to move from the City just to acquire more living space. Council Member Bergeson noted there is an additional 15 feet additional 15 feet probably will never be used for the street o' porch would still meet the intent of the corner lot setba f the street. The rposes. He felt the Mr. Hawkins explained the request does not meet + • v cements of the City Code and the City may be setting a precedent if Council doe - fiance. Council Member Bergeson move• z ,� = • e ariance request. Council Member Neal seconded the motion. Motio • Cou cil Member Dahl, Lyden and Mayor Sullivan voting no. Council directed staff ice; setback requirements when other City ordinances are reviewed. Council Member Lyden moved to deny variance request for 1083 Aspen Lane. Council Member Dahl seconded the motion. Motion carried with Council Member Bergeson and Neal voting no. Consideration of Resolution No. 99 - 54, Accept Bids and Award Construction Contract - 1999 Wearing Course & Trail Paving, John Powell - On June 14, 1999, the City Council approved plans and specifications for the placement of the asphalt wearing course on various streets and trails in the City. Bids for the project were advertised and opened this afternoon. North Valley, Inc. is the low bidder. The funding for this project has been escrowed by the developers of the respective subdivisions with the exception of the Town Center area streets. The trail paving funding is a combination of General Funds and Dedicated Park Funds. COUNCIL MINUTES JULY 26, 1999 The bids for the trail construction and paving work have been reviewed with the Director of Public Services. Staff is recommending award of the contract to the low bidder, North Valley, Inc. Council Member Bergeson moved to adopt Resolution No. 99 - 54, awarding the Base Bid and Alternate No. 2 to North Valley Inc. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 54 can be found at the end of these minutes. Consideration of Resolution No. 99 - 55, Accept Utility Easements & Authorize Payment, Lake Drive Trunk Utility Improvements, John Powell - Staff presented a list of properties with land appraisals for the above named project. In order to proceed with construction in a timely manner, payments to the property owners for easement acquisition must be approved and checks must be delivered to the property owners tomorrow. Staff noted a check in the amount of $501 for A & L Superior Sod, 8299 4th Avenue, has been deleted from the list. Mr. Hawkins noted there may be a change in the name of payees b mounts will stay the same. Council Member Lyden moved to adopt Resolution No. w e elimination of A & L Superior Sod. Council Member Dahl seconded th 'on carried unanimously. Resolution No. 99 - 55 can be found at th OLD BUSINESS - None NEW BUSINESS Consideration of Jul on the following payme 494Q xpenditures - Council Member Neal asked for clarification utes. TimeSavers, $528.00 - Staff explained that this amount is for several meetings during the month. Lino Lakes Chamber of Commerce, $200.00 - Staff explained the City sponsored a hole at the Chamber's Golf Tournament to be held in September. The fee will purchase an economic development advertisement. Beneficial Cleaning, $809.40 - Staff explained this was for the cleaning of all windows in the new building. Council Member Lyden moved to approve the July 26, 1999, Expenditures, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. 8 COUNCIL MINUTES JULY 26, 1999 • COMMUNITY CALENDAR JULY 27, 1999 THROUGH AUGUST 9,1999 Environmental Board Meeting, Wednesday, July 28, 1999, 6:30 p.m. Park Board Meeting, Monday, August 2, 1999, 6:30 p.m. National Night Out, Tuesday, August 3, 1999 Council Work Session, Wednesday, August 4, 1999, 5:30 p.m. EDAC, Thursday, August 5, 1999, 7:00 a.m. Regular Council Meeting, Monday, August 9, 1999, 6:30 p.m. ADJOURN • • There being no further business, Mayor Sullivan adjourned the meetin p.m. These minutes were considered and approved at the regular Co ugust 9, 1999. 1 *� -14;011, y 1 An erson, Clerk -Treasurer 3'n ilivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secreta Aug 3, 1999, 12:50 p.m. Aug 4, 1999, 11:25 a.m. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99- 54 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT -1999 WEARING COURSE AND TRAIL PAVING PROJECT. WHEREAS, pursuant to an advertisement for bids for the construction of the 1999 Wearing Course and Trail Paving project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company North Valley Bituminous Roadways Base Bid $169,838.75 $176,933.00 Alt. 1 $6,500.00 $5,500.00 Alt. 2 $6,600.00 $5,000.00 Total $182,938.75 $187,433.00 AND WHEREAS, it appears that North Valley, Inc., Inc., 4105 85th Avenue North, Building B, Suite 203, Brooklyn Park, MN 55443, is the lowest responsible bidder; AND WHEREAS, the City is not awarding Alternate No. 1; 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 North Valley, Inc., Inc., 4105 85th Avenue North, Building B, Suite 203, Brooklyn Park, MN 55443, in the name of the City of Lino Lakes for the construction of the Base Bid and Altemate No. 2 of the 1999 Wearing Course and Trail Paving project 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 return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful biddnd the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 26 02.;14 1+ti (IAA° A.6071 aril G. Anderson, City Clerk Ki , Mayor 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 July 26, 1999. Marilyn G. Anderson, Clerk -Treasurer Council Member Lyden introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 99-55 RESOLUTION APPROVING PAYMENT FOR THE LAKE DRIVE TRUNK UTILITY IMPROVEMENT EASEMENTS adoption: WHEREAS, pursuant to a resolution of the City Council passed by the council on October 27, 1997, the Lake Drive Trunk Utility Project was ordered; and, WHEREAS, utility easements are needed to construct the improvements; and, WHEREAS, pursuant to a resolution of the City Council passed by the council on November 10, 1997, the acquisition of the necessary easements was authorized; and, WHEREAS, appraisals have been prepared to determine the value of the proposed easements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. To approve the payment amount for the following parcels: Owner Parcel Amount Beverly E. Wolters 14 $ 25,500 1861 86"' Lane • Blaine, MN 55449 Virginia M. Hauer 16B $ 7,977 705 Oak Lane Circle Pines, MN 55014 Cecelia B. LaRocque Trust 20 $ 1,021 14647 Lake Drive Forest Lake, MN 55025 SSR & W Development, LLC 21A $ 220 4035 Norex Drive Chaska, MN 55318 Fee Owner: Madonna Hughes et. al A & L Superior Sod 21 B $ 501 8299 4th Avenue Circle Pines, MN 55014 Richard and Marlene Carlson 22 $ 1,582 7932 Lake Drive Lino Lakes, MN 55014 • Adopted by the Lino Lakes City Council thi Marilyn G. Anderson, City Clerk RESOLUTION NO. 99 - 55 Page -2- 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 July 26, 1999. ada.titAJO, o=s,:tAtif,.// Marilyn G. Anderson, City Clerk • • • Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 19 — 99 AN ORDINANCE AUTHORIZING THE SALE OF LAND BY THE CITY OF LINO LAKES TO BLAINE AMERICAN LEGION The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property described as Lot 15, Block 2, Caroles's Estates, 2m1 Addition, Anoka County, Minnesota ("Property") is presently owned by the City of Lino Lakes. The City Council of the City hereby determines that the property is no longer needed by the City for any public purpose and that it is in the public interest to sell the property to Blaine American Legion. II. The Mayor and the City Clerk -Treasurer are hereby authorized and directed to execute such deeds and other documents as may be necessary in order to sell the Property to Blaine American Legion. HE. This ordinance shall be in full force and effect passage and publication, in accordance with S Al 1'hST: lyn G. derson, Clerk -Treasurer • days following its City Charter. van, Mayor Page 1 ORDINANCE NO. 19 — 99 The motion for adoption of the foregoing ordinance was duly seconded by Council Member Lyden and upon a vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Neal. The following voted against same: Bergeson and Sullivan. Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on July 12, , 1999 Second Reading Approved on July 26 1999 Published in the official newspaper on August 3, , 1999 Page 2 • • •