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HomeMy WebLinkAbout10/20/1999 Council MinutesCITY COUNCIL WORK SESSION OCTOBER 20, 1999 CITY OF LINO LAKES MINUTES DATE : October 20, 1999 TIME STARTED : 5:30 p.m. TIME ENDED : 8:52 p.m. MEMBERS PRESENT : Council Members Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan : None MEMBERS ABSENT Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins (part); Community Development Director, Brian Wessel; City Engineer, John Powell (part); City Planner, Jeff Smyser; Chief of Police, Dave Pecc vironmental Specialist, Marty Asleson (part); and City Clerk Ry-Chel Gaust DISCUSS ANNUAL APPOINTMENTS, LINDA WA Staff distributed a memo regarding annual appo Committees. The memo included a timetable awarding the appointments. It was note December 13, 1999, Council meetin and who has requested reappoi Staff also distributed a direction regardin interested in apply would be asked to accomplished and e ity Boards and th 'nterviewing process and ntments will be awarded at the listed whose terms are expiring dvisory Board application. Staff asked for Council sub "tting an application. Staff suggested everyone incumbents, submit an application. Also, incumbents rief summary outlining what they believe has been t they would like to be accomplished. It was the consensus of Council to have all interested applicants fill out application forms and have incumbents provide a brief essay outlining what they believe has been accomplished or what they want to be accomplished. OAK BROOK PENINSULA EASEMENT VACATION, JOHN POWELL Staff advised the Rice Creek Watershed District had previously indicated the City would receive their recommendation on this matter no later than October 18, 1999. After reviewing a memo from the RCWD engineer, it is apparent they do not yet have a definitive position on this request and have asked that the applicant prepare and submit additional data. A recommendation on this matter from the RCWD is required before staff is able to prepare a recommendation. Staff is requesting that the public hearing be continued until November 8, 1999. 1 CITY COUNCIL WORK SESSION OCTOBER 20,1999 Staff also advised that once a recommendation is made action can be taken quickly. Information regarding the continuation was faxed to the concerned property owners. This item will be on the agenda at the regular Council meeting Monday, November 8, 1999, 6:30 p.m. DISCUSS SENIOR CITIZEN ASSESSMENTS & UTILITY RATES, JOHN POWELL Staff advised Council Member Neal has inquired about the possibility of an adjusted assessment and utility rate for senior citizens to reflect their lower usage. Council discussed this issue in 1997 with Senior Housing. Council did not proceed with it at that time because of bookkeeping problems. Council Member Neal mentioned that the City of Blaine has a program for seniors over 62 years of age that offers a discount on utilities because of the minimal usage. He stated this program should get started to help the senior citizens within t e asked that staff contact the City of Blaine to see how they implemented Staff advised an analysis of utility rates will be done by tear. This type of program can be incorporated into that study. Council asked that the study distinguish betw rates and assessments. It was the consensus of Council th .'" • orate a discount program for senior citizens into the rate analysis t on Council Member Lyden r : b • he possibility of freezing senior citizen property taxes also. BROKER PROP SSESSMENT, JOHN POWELL Staff advised a Lake Drive property owner has requested City sewer and water hook up. A letter has been sent out to residents in that area stating that City hook up is now available. Staff stated that the Bisel Amendment would not apply toward property owners along Main Street and Lake Drive, north of 79th street. Staff asked for Council direction regarding the application of the Bisel Amendment as it was indicated to property owners that it would apply during the Public Hearing phase. It was the consensus of Council to honor the Bisel Amendment for residents on the south side of Main Street and the west side of Lake Drive, north of 79th Street. WEST BALD EAGLE BLVD. UTILITY PETITION, JOHN POWELL 2 CITY COUNCIL WORK SESSION OCTOBER 20, 1999 Staff advised the City has received petitions from residents who are in favor of City utilities in this area. The City Clerk needs to evaluate the petitions and then staff can make a recommendation of how to proceed. There may be a need for City utilities in this area due to failure of septic systems and convenience. A Joint Powers Agreement will be looked at with the City of Hugo relating to the costs. A lift station may also need to be installed. 77TH STREET RIGHT-OF-WAY, JOHN POWELL Staff advised that a resident has reminded the City that there was no direction relating to vacating the easement when this was brought to Council. Staff has been directed to stay in the paved area when utility improvements are made. Residents were informed that a decision would be made in September 1999, regarding the right-of-way vacation. However, a recommendation about the right-of-way will not be made until January, 2000. The decision has been delayed due to the Master Plan completion. The intention is to save the row of trees in the area. Council Member Lyden suggested the City advises the res` sew a easement will be vacated. Council directed staff to meet with the City At vacating the easement before all the informati will be given to Council at the Novem taken at the November 8, 1999, C a recommendation regarding en gathered. The recommendation ncil work session. Action may It was noted that the City e able to give the property owners the easement at no cost. LAKE DRIVE T JOHN POWELL ITIES PHASE 2 RESIDENT INSURANCE CLAIM, Staff advised a resident has made an insurance claim against the contractor for damages to his property. Staff was asked if partial payment can be withheld to the contractor due to lack of response to the property owner. Staff advised the City Attorney has strongly discouraged the City withhold payment because it may jeopardize the City's contractual agreement with the contractor. Staff requested the contractor resolve this issue in a timely manner. Staffs recommended the property owner proceed with the contractor. Staff noted a letter has been sent out advising residents to contact the City with any problems they have before the final payment is made. • The City Attorney advised the City requires the contractor to have insurance. It is not the City's function to get involved in an insurance claim. The contractor must provide the CITY COUNCIL WORK SESSION OCTOBER 20, 1999 City with legal defense if a claim is made against the City. There is no legal provision in the contract that allows the City to withhold payment to the contractor due to an insurance claim. It was the consensus of Council to have the City Attorney write a letter to the contractor and the contractor's insurance company asking for a status report on the claim. DISCUSS ED VAUGHAN LAND CONVEYANCE, BRIAN WESSEL Staff advised the second reading of Ordinance No. 21 - 99, authorizing the conveyance of property received from Anoka County to Ed Vaughan, will be held at the regular Council meeting Monday, October 25, 1999. The City Attorney advised this issue was heavily litigated in court and a settlement was reached and accepted by both parties. The settlement cannot be re -negotiated and recommended the City approve the second reading of Ordinance No. 21 - 99. Council directed staff to advise Mr. Vaughan that the first reading has been approved and the second reading of Ordinance No. 21 - 99 will occur on Monda r 25, 1999. This item will appear on the agenda at the regular Council i , October 25, 1999, 6:30 p.m. JADT/MCDONALDS UPDATE, BRIAN W, Staff advised that approval for the fin conditions have been met except f • _ t continue to reach a resolution ased on several conditions. All ment Agreement. Discussions will , d ctober 25, 1999, deadline. The City Attorney advi at is not resolved is the private roadway. The City wants the provisio . t any further development occurs the roadway will be dedicated to the Ci fic flow is needed to develop the adjoining properties. If the private road is . ' e . e adjoining properties cannot be developed. The City has always prohibited p to roads within developments. The developer feels that some assistance for funding the construction of the road is needed. The City Attorney advised the City leave the contract as originally proposed. Mr. Tim Baylor, Developer for the project, came forward and stated the preliminary plat did not show the road extending all the way to the property line. He stated that it is inconsistent to now require the roadway be extended. He stated he had the understanding that the road would remain private until Apollo was extended to 77th Street. He added that he has no suggestions for reaching a resolution and does not feel he can go any further with this project. Mr. Baylor requested the City allow the road to remain private until Apollo is extended to 77th Street. 4 CITY COUNCIL WORK SESSION OCTOBER 20, 1999 It was the consensus of Council to direct staff to continue with negotiations regarding the Developer's Agreement and have the item added to the agenda for the next Council meeting. This item will appear on the agenda at the regular Council Meeting Monday, October 25, 1999, 6:30 p.m. Mayor Sullivan called for a short recess at 7:20 p.m. Mayor Sullivan reconvened the meeting at 7:27 p.m. COMPREHENSIVE PLAN UPDATE, BRIAN WESSEL/JEFF SMYSER Staff advised there have been no changes to the Comprehensive Plan. Staff asked if there has been any additional dialog from the Council. Council Member Bergeson advised discussions have been held. The bi issue is MUSA and there is nothing new to report. Discussions will continue. CONSIDERATION TO ADOPT GUIDELINES FOR "NDUCT", COUNCIL The Council considered adopting the "Rules o c gested by Mr. Salverda. Mayor Sullivan noted a discussion wa adoption of the "Rules of Conduc " regarding resident requests an these processes. The Ma Conduct". eeting regarding Council esses that have been put in place A Council Members should be following Co ncil support to formally adopt the "Rules of Mr. Ron Strantz, 5 , stated a lot of time has been spent on the report. Every Council Member h ent ideas and a responsibility to citizens. He stated it bothers him that the Council eds to needs to adopt "Rules of Conduct". He asked that the Council get on with the business of the City and stated that if rules are needed to get along maybe the City does not need them. He added he does not want to hear about the Council Members fighting. He referred to the JADT/McDonalds project and stated negotiations should be done between McDonalds and the contractor regarding funding for the road. Council Member Bergeson noted it was the intention of the previous Council to adopt the "Rules of Conduct". Council Member Lyden suggested a discussion be held regarding the role of the Mayor within the City. • CITY COUNCIL WORK SESSION OCTOBER 20,1999 It was the consensus of Council to have a discussion relating to the Charter and overall role of the Council and Mayor at the next Council work session. Mayor Sullivan advised that Chair of the Charter Commission should be present for the discussion and decision. The "Rules of Conduct" will be added to the agenda at the regular Council meeting Monday, October 25, 1999, 6:30 p.m. REGULAR AGENDA, OCTOBER 20,1999 Item 6G, PUBLIC HEARING, Resolution No. 99 - 102, Adopt Assessment Roll, 35W/TH49 Interchange Commercial Development Trunk - Council requested information regarding assessments for homestead vs. commercial/industrial relating to the Tagg property. Council also requested a staff analysis regarding precedence being set. Item 1C, Consider Resolution No. 99 - 113, Amending the 1999 General Fund Budget - Council requested information from the minutes of the action taken re arding Item #10, $28,000 designated for Mallard Lane (partial City share). This inf will be included in the Friday update. Item 3C, Consider Approval of Election Judges - The to " removed from Ms. Mary Trombley. Mr. Al DeLaP his address is still unknown. t" will be oved from the list if Item 5A, Consideration of Purchasing e d for Future Athletic Complex - Mayor Sullivan asked for an esti • t e tax impact of taking the land off the tax rolls with the understandin e re ay be very different when the issue goes to the voters. Information e le els of traffic from a Planning and Economic Development point of timate of future development costs was also requested. Item 6E, Montain : • ' • i • r Property, 6510 Centerville Road and 6410 Centerville Road, Minor Subdivision t ' acilitate Future Athletic Complex - Council requested information regarding the proximity of the Montain home to the roadway. The meeting was adjourned at 8:52 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on November 8, 1999. y .' hel Gaustad, CMC City Clerk 6 . Sullivan, Mayor • CITY COUNCIL WORK SESSION OCTOBER 20, 1999 Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc.