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.
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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
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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.
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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.
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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
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. Sullivan, Mayor
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CITY COUNCIL WORK SESSION OCTOBER 20, 1999
Transcribed by:
Kim Points
TimeSaver Off Site Secretarial, Inc.