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HomeMy WebLinkAbout10/25/1999 Council MinutesCOUNCIL MINUTES OCTOBER 25, 1999 CITY OF LINO LAKES MINUTES DATE : October 25, 1999 TIME STARTED : 6:30 P.M. TIME ENDED : 8:34 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; Public Services Director, Rick DeGardner; Chief of Police, Dave Pecchia (part); and City Clerk, Ry- Chel Gaustad SETTING THE AGENDA Item IAiii, October 6, 1999, Council Work Session Minutes w e the agenda. Item 6D, Consideration of Pheasant Hills Phase 10 Fin t ved from the agenda. • Item 6G, PUBLIC HEARING, Resolution No. 99 102, c • opt Assessment Roll, 35W/TH49 Interchange Commercial Development T � s from the agenda. • The amended agenda was approv CONSENT AGENDA Council Member Neal Bergeson seconded the prove the Consent Agenda, as presented. Council Member Motion carried unanimously. ITEM ACTION MINUTES: September 27, 1999, Council Meeting Approved October 4, 1999, Special Council Meeting Approved DISBURSEMENTS: October 25, 1999 (Check No. 57225 - 57363, $279,300.14) Approved COUNCIL MINUTES OCTOBER 25, 1999 Centennial Fire District October 18, 1999 Approved Consider Resolution No. 99 -113, Amending the 1999 General Fund Budget, Linda Waite Smith (3/5 Vote Required) - Resolution No. 99 - 113 will formally amend the 1999 General Fund Budget to provide for the appropriations of the 1999 budget for the projects that were identified to be funded with Designated Fund Balance in the General Fund. Resolution No. 99 - 113 can be found at the end of these minutes. Consider Resolution No. 99 -114, Transferring $55,444 Dollars from the Designated General Fund Balance into the Dedicated Parks Fund, Linda Waite Smith (3/5 Vote Required) - Resolution No. 99 - 114 will formally make the transfer from the Designated General Fund Balance to the Dedicated Park Fund for the Mallard Lane project ($28,000) and other Park and Trail Improvements ($27,444). Resolution No. 99 - 114 can be found at the end of these minutes. Consider Resolution No. 99 -115, Transferring $100,000 General Fund Balance into the Civic Complex Construct Vote Required) - Resolution No. 99 - 114 will formall General Fund, fund balance to the Civic Complex generator. D E o esignated a Waite Smith (3/5 fer from the Designated and for the purchase of the Resolution No. 99 - 115 can be found t hese minutes. - f Mayor Sullivan reminded tho -=: the'g'uidelines for audience participation in City Council meetings, emphasi OPEN MIKE ne for respectful dialog. Mr. James Lambrecht, 1 3 Aspen Lane, stated that at a previous Council meeting he was denied a variance because of the Findings of Fact relating to the variance. He stated that a few weeks later another resident -was granted a variance. He stated that there is inconsistency within the Council regarding variances and this issue should be discussed. Mayor Sullivan stated that variances are allowed by State Statute if specific criteria are met. The City Attorney advised that each variance request be looked at by its own facts. There may be a lot of differences in the facts that are presented. Sometimes it is appropriate to grant a variance. Council determined a discussion regarding variance criteria would be held at a future Council work session. 2 COUNCIL MINUTES OCTOBER 25, 1999 • Mr. Ken Skogland, 7481 Lake Drive, came forward and asked for an update regarding the Oasis/Amoco project. Council directed staff to provide Mr. Skogland with an update regarding this issue. Mr. Don Dunn, 6885 Blackduck Drive, came forward and stated he has heard that Council Member Lyden has indicated the Comprehensive Plan supports 300 new homes per year. He stated the proposed Comprehensive Plan supports 147 new homes per year which is a significant reduction in the average for the past few years. He stated 50% does support the school system and the Task Force supports the proposed plan 100%. He stated a new plan could be in place by 2000 if two (2) Council Members had more discussions about the plan. He continued stating that the consultant at the October 4, 1999, Council meeting said very specifically that all Council Members are the problem. Each Council Member must look at themselves and then solve the problem together. He stated he would be present at the Council work session to discuss criteria needed for a variance. No one else appeared under open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TE PUBLIC HEARING, Delinquent Utility Accounts, Ga (3/5 Vote Required) - Resolution No. 99 - 116 certifies the delinquent ut' o o Anoka County for payable •2000 property taxes. Each property owner has be d that the noted account is past due of the stated amount and the possible pendin Mayor Sullivan opened the public Council Member Lyden m• `i 10 a public hearing at 6:45 p.m. Council Member Dahl seconded the motion. 'ed unanimously. Council Member Dahl e . ` o adopt Resolution No. 99 - 116, as presented. Council Member Neal seconded the mot • Motion carried unanimously. Resolution No. 99 - 116 can be found at the end of these minutes. Consider Delinquent Utility Account to "Write Off', Ry-Chel Gaustad (3/5 Vote Required) - Staff referred to a list of ten delinquent utility accounts to "write off'. Staff and a collection agency have made a valiant effort to recover the noted outstanding amounts but without success. Staff referred to the list noting it depicts each account history and City action. Council Member Bergeson moved to approve request to write off the delinquent utility accounts, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. • Consider Approval of Election Judges, Ry-Chel Gaustad (3/5 Vote Required) - Staff referred to a list of Election Judges that have successfully completed training and four (4) persons 3 COUNCIL MINUTES OCTOBER 25, 1999 scheduled to complete training. Staff conducted election training on October 18 and October 19, 1999. Council Member Lyden moved to approve the list of Election Judges, contingent upon successful completion of election judge training. Council Member Dahl seconded the motion. Motion carried unanimously. Consider to Adopt Guidelines for "Rules of Conduct", Council - Mayor Sullivan advised that Council Members determined the "Rules of Conduct" suggested by Mr. Salverda should be formally adopted. Council determined that if a Council Member were out of line during meetings it would be appropriate to discuss their action. Council Member Lyden moved to adopt the "Rules of Conduct", as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECC Consider Renewal of Youth Resource Officer Service Ag District for the 1999/2000 School Year (3/5 Vote Re Police Department is requesting that the Council r Agreement with the Centennial School District f program is funded by the Centennial Scho entennial School advised the Lino Lakes Resource Officer Service school year. Staff noted the Council Member Neal moved to a = • + e • st t • renew the Youth Resource Officer Service Agreement with the Centenni . + �� istri , as presented. Council Member Lyden seconded the motion. Motion carried PUBLIC SERVICES `... I NT REPORT, RICK DEGARDNER Consideration of Purc . ing 67 Acres of Land for Future Athletic Complex (3/5 Vote Required) - Staff advised they have spent the past nine (9) months attempting to secure land for a future athletic complex. After considerable discussion with Mr. Paul Montain, staff has reached an agreement to acquire 62 acres of land for $850,000. Recently, Mr. Molitor has agreed to sell five (5) acres of land for $75,000, which is adjacent to the Montain property. Both are contingent upon Council approval. The Planning and Zoning Board, Park Board, and Environmental Board have reviewed the proposal and unanimously support the City's acquisition of land for an athletic complex at this location. Public information meetings were held on October 11 and October 19, 1999. All attendees indicated support of the proposed acquisition. The funding source for the land acquisition is the Area and Unit Fund. The proposed purchase agreement provides for the Montain property to be paid in annual installments through 2002. 4 • COUNCIL MINUTES OCTOBER 25, 1999 The Molitor parcel will be paid with a lump sum payment at the time of closing which is tentatively scheduled for December 1, 1999. The agreement also permits the current owners to farm the land through 2003. In the event a bond referendum is passed prior to 2003, the City must notify them in writing by April 1 to cease farming operations. As previously indicated, a referendum will need to be conducted for development of the athletic complex. Upon a successful referendum, the internal loan, plus interest, would be repaid. If the referendum is unsuccessful, the City can sell the parcel or retain for future use. Council Member Bergeson asked for Council support regarding updating the proposed Comprehensive Plan to include this land use. He expressed concern that the land may be used for another purpose if the referendum is unsuccessful. Council Member Bergeson moved to approve purchase agreements with Mr. Montain and Mr. Molitor to secure 67 acres of land subject to a staff directive to begin the process of a Comprehensive Plan Amendment to change the land use. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPO ';�:_� SSEL PUBLIC HEARING, SECOND READING, Ordina 1 Authorizing the Ill Conveyance of Property to Ed Vaughan, Brian .v` :. ote Required) - Staff advised the Anoka County Park Board and the Anoka Co B • ' • of Commissioners have agreed to reconvene some parcels of property to the tonight authorizes the conveyance of the property the City received from rectly to Mr. Vaughan. The terms of the settlement agreement with Mr. V . < :, q . t s reconveyance. • If the second reading is app a finance will be published and will go into effect in 30 days. Mr. Ernie Peak, Attom `•r . Vaughan, came forward and stated he viewed the tape from the Council meeting relatin • the first reading of the ordinance. He stated that in general, the City has complied with the terms of the settlement. However, he does not believe the City has complied regarding the issue of the island. The settlement provided that the City would work towards acquiring part of the island on behalf of Mr. Vaughan. He indicated he has not yet seen any evidence that the City has done that. Mr. Sullivan, attorney for the City, has indicated the County is not interested in reconveying that parcel of land. He stated the settlement is not complete because of that issue. If necessary, Mr. Vaughan will seek further assistance from the court. If that parcel of land is not obtained, Mr. Vaughan loses the ability to develop two (2) lots on the island. He stated he believes the County is open to a land trade for that parcel of the island. Mr. Vaughan, 14332 Pheasant Hills Drive, referred to a map pointing out the parcel in question. COUNCIL MINUTES OCTOBER 25, 1999 The City Attorney advised a five -(5) page summary of the project and settlement was distributed to Council. He stated he believes the City has lived up to the settlement in full. He advised no further discussion or negotiating occur because of the possibility of further litigation. The City is bound by the terms of the settlement. Mr. Peak thanked the City for completing most of the terms of the settlement. He stated he believes the settlement has not yet been complied with regarding the island. He indicated it should not be necessary to bring the issue back to court. Mr. Vaughan distributed pictures of the island to Council Members. The City Attorney advised the settlement is a court -sanctioned settlement. The court is who should determine whether compliance has occurred. Another trial would not be necessary. This ordinance only has to do with the conveyance of property. He advised the Council approve the second reading. Council Member Lyden moved to table Ordinance No. 21 - 99 until th ber 8, 1999, Council meeting. Council Member Dahl seconded the motion. Council Member Lyden indicated he would like to read the s le t ement. Council Member Bergeson added that tabling the ' u no harm. Mayor Sullivan advised that any City cont ghan be handled by the City Attorney. Motion carried unanimously. Mr. Vaughan entered into otape of the island and review of the last Council meeting. PUBLIC HEARING, '!`READING, Ordinance No. 17 - 99, Easement Vacation, Oak Brook Peninsula, John owell (4/5 Vote Required) - Staff requested the public hearing be continued until November 8, 1999. A recommendation on this matter from the Rice Creek Watershed District is required before City staff is able to make a recommendation. Council Member Dahl excused herself from the meeting at 7:24 p.m. Council Member Bergeson moved to continue the public hearing to the November 8, 1999, City Council meeting. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Minor Subdivision, 261 & 271 Elm Street, Johnson/Killey, Mary Kay Wyland (3/5 Vote Required) - Staff advised Mr. and Mrs. Johnson currently own the property at 261 Elm Street which consists of a 108' x 208' parcel containing their home and a 56' x 216' parcel to the north of their home. They would like to transfer the east 56' x 108' of this parcel to 6 • COUNCIL MINUTES OCTOBER 25, 1999 the Killey's. The proposed conveyance would provide for two (2) parcels, each consisting of a 108' x 264' parcel. The Planning and Zoning Board recommended approval on a 7/0 vote at their October 13, 1999, meeting. Staff recommended approval of the minor subdivision with conditions. Council Member Dahl returned to the meeting at 7:27 p.m. Council Member Bergeson moved to approve minor subdivision based on the following conditions: 1. The proposed subdivision shall be recorded with Anoka County. 2. The newly described parcels shall be combined for tax purposes with new Property Identification Numbers (PIN) issued that combine Parcel 0011 west 108 feet of Parcel 0023 and Parcel 0012 with the east 108 feet of Parc0 Council Member Dahl seconded the motion. Motion carried Consideration of Pheasant Hills Phase 10 Final ' . i a y Wyland (3/5 Vote • Required) - Upon adoption of the agenda, this it. oved. • Montain & Molitor Property, 6510 and 6410 Centerville Road, Minor Subdivision to Facilitate Future : p ex, Mary Kay Wyland (3/5 Vote Required) - Staff advised the City of Li • .roce sing this minor subdivision as the applicant on behalf of the Montain's an lit. The minor subdivision is required to facilitate the City's purchase of prture community recreation complex at the south east corner of Birch Street and Cente ' The property in question is zoned rural and indicated as such on the existing Land U Staff recommended approval of the minor subdivision. The Planning and Zoning Board recommended approval of this minor subdivision with conditions on a 7/0 vote at the October 13, 1999, meeting. Council Member Lyden moved to approve minor subdivision based on the following conditions: 1. 27' of right-of-way is dedication from the Montain property for the future reconstruction of Centerville Road and Birch Street as indicated on the submitted survey document. 2. The remaining 1.6 -acre parcel on the Molitor parcel is added to their existing home site for a total of 3 acres. COUNCIL MINUTES OCTOBER 25, 1999 3. The City Council approves the purchase agreement for the 60+ -acre Montain parcel and the 5 -acre Molitor parcel for a future community recreation complex. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC HEARING, Resolution No. 99 -102, Adopt Assessment Roll, Lakes Addition Street Reconstruction, John Powell (3/5 Vote Required) - On September 13, 1999, Council set the public hearing for the proposed assessments for the Lakes Addition Street Reconstruction project for this evening. All necessary notices have been mailed to affected property owners indicating the amount of the assessment and the date of the hearing. The project is substantially complete and can now be assessed. The assessments total $3,045 per lot. The assessments associated with this project include Street Reconstruction and Storm Sewer. The assessments per lot would have been between $12,000 and $13,000 if the homeowners had to pay for the improvements in full. Staff noted that final payment has not yet been made to the contractor. Staff added that a resident at 6858 Blackduck Drive planned to ob. Mr. Charles Hendry, 994 Lantern Lane, has submitted a writte Mayor Sullivan opened the public hearing at 7:35 p.m. ssment. Also, assessments. Mr. Richard Thompson, 1029 Lantern Circle, c . fo and stated he wrote a letter of opposition to the assessments. He stated . R ould not be responsible for an inadequate road that a builder put in t s ve s . y the City Engineer. Mr. Alec Fenick, resident of cam- forward and expressed concern regarding the assessment. He asked for i o _arding payment alternatives. Mr. Don Dunn, 6885 : rive, came forward and expressed concern regarding the situation relating to Sta ' oads. He stated the City has a Public Improvement Policy that is to be used by the City w n improvements are made to a State Aid road. He stated the Ware Road residents are not paying assessment fees which is inconsistent with the City's policy. He asked why a certain group of residents have to pay assessment fees when another group doesn't. He asked the Council to address this situation. Ms. Beth Newendorf, 6736 Partridge Place, expressed concern regarding the cost for sewer and road construction being divided evenly among residents. The storm sewer was not as extensive in certain areas of the project. She asked why the cost for storm sewer was distributed equally rather than distributed where the work was done. She also expressed concern that there were no preliminary costs discussed before the project began. Staff advised the design standards for roads are much higher now than in previous years. Roads do have a designed life for use. The road was installed 15-20 years ago and improvements were necessary. Each road reconstruction project is prioritized and this project was the number one 8 • COUNCIL MINUTES OCTOBER 25, 1999 priority. Payment for assessments can be paid in full within 30 days. Another option is to pay the assessment over 15 years at 7% interest. The Council can extend the payment term. Staff continued stating that Ware Road is a State Aid road. Petitions against the improvements were submitted. The City was able to proceed with the project because State Aid Funds were available for the project. The City policy is to assess State Aid roads as a regular roadway. The storm sewer costs were distributed equally among residents. Many areas do not have storm sewer directly in front of their property but water does drain to a storm sewer. The assessment costs were discussed at a public hearing in 1997. The assessment amount has been consistent throughout the project. Council directed staff to provide a recommendation relating to additional notification regarding assessments. Ms. Sharon Sauka, 1011 Lantern Lane, came forward and stated she does not remember any previous petition regarding objection to the project. She stated she does not have the financial resources to pay the assessment fee. She added that the notices from the Cit come out very quickly when assessments are due. Council Member Dahl moved to close the public hearing at 7 5 n ember Neal seconded the motion. Motion carried unanimously. Council asked staff to spell out the terms for a 15- and the financial impact of • such a payment. • Staff advised Council could extend th enod. The cost of a 15 -year pay period is approximately $300 - $350 per ye ar- due in May and October of each year. It is standard for the City to assess ear t-'' s if the assessment is not paid prior to certification. Council suggested the comfortable with a 20 - to bonds. f extending the terms to 20 years. Staff advised they are . However, there will be a financial impact on the City relating Council expressed concern regarding the possibility of having to extend all assessment pay periods to 20 years. Council asked staff to provide a financial analysis of the impact on the City. Council also asked for a list of other projects that have already been approved for the 15 -year pay period. This information will be presented and discussed at the next Council work session. Council Member Lyden moved to table Resolution No. 99 - 101, until the November 8, 1999, Council meeting. Council Member Bergeson seconded the motion. Motion carried unanimously. PUBLIC HEARING, Resolution No. 99 -102, Adopt Assessment Roll, 35W/TH49 Interchange Commercial Development Trunk, John Powell (3/5 Vote Required) - Upon adoption of the agenda, this item was removed. 9 COUNCIL MINUTES OCTOBER 25, 1999 PUBLIC HEARING, Resolution No. 99 - 103, Adopt Assessment Roll, Centennial Middle School Street and Utility, John Powell (3/5 Vote Required) - Staff advised Council set the public hearing for the proposed assessments for the Centennial Middle School Street and Utility project for this evening. The necessary notices have been mailed to affected property owners indicating the amount of the assessment and the date of the hearing. A detailed discussion was held in April of this year related to this assessment. A single property is proposed to be assessed which should have been included in the original roll for this project, which was prepared in 1997. At that time, the assessment was mistakenly placed against the school district's property. The City has since credited the school district. Mayor Sullivan opened the public hearing at 8:04 p.m. Council Member Lyden moved to close the public hearing at 8:04 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Lyden moved to table Resolution No. 99 - 103 u t o ber 8, 1999, Council meeting. Council Member Bergeson seconded the mo 'ed unanimously. PUBLIC HEARING, Resolution No. 99 -104, ent Roll, Pheasant Hills Preserve 9th Addition, John Powell, (3/5 Vote qui ) - taff advised the Council set the public hearing for the proposed assessme e : - ' • ; t Hills Preserve, 9th Addition project for this evening. All necessary notice a ai ed to affected property owners indicating the amount of the assessment and o < e h aring. The project is substantially a can now be assessed. This project involved developer installed improvemen he . essments associated with this project include Sanitary Sewer and Watermain Area c ges, Surface Water Management Fees, and Wearing Course Costs. Mayor Sullivan opened the public hearing at 8:05 p.m. Council Member Dahl moved to close the public hearing at 8:05 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Neal moved to adopt Resolution No. 99 - 104, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 104 can be found at the end of these minutes. PUBLIC HEARING, Resolution No. 99 -105, Adopt Assessment Roll, Pheasant Hills Preserve 10th Addition, John Powell (3/5 Vote Required) - Staff advised the Council set the public hearing for the proposed assessments for the Pheasant Hills Preserve, 10th Addition 10 • COUNCIL MINUTES OCTOBER 25, 1999 project for this evening. All necessary notices have been mailed to affected property owners indicating the amount of the assessment and the date of the hearing. The project is substantially complete and can now be assessed. This project involved developer installed improvements. The assessments associated with this project include Sanitary Sewer and Watermain Area and Unit charges, Surface Water Management Fees, and Wearing Course Costs. Mayor Sullivan opened the public hearing at 8:06 p.m. Council Member Neal moved to close the public hearing at 8:06 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Bergeson moved to adopt Resolution No. 99 - 105, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 105 can be found at the end of these minutes. PUBLIC HEARING, Resolution No. 99 -106, Adopt Ass Farm 5th Addition, John Powell (3/5 Vote Required) - St hearing for the proposed assessments for the Behm's C evening. All necessary notices have been mailed amount of the assessment and the date of the he 'm's Century uuncil set the public Addition project for this erty owners indicating the The project is substantially complete . •e assessed. This project involved developer installed improvements. The asse iat d with this project include Sanitary Sewer and Watermain Area, Unit, t. ene i` charges, Surface Water Management Fees, and Wearing Course Costs. Mayor Sullivan open ���; : � hearing at 8:07 p.m. Council Member Neal ed to close the public hearing at 8:07 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Dahl moved to adopt Resolution No. 99 - 106, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 99 - 106 can be found at the end of these minutes. PUBLIC HEARING, Resolution No. 99 -107, Adopt Assessment Roll, Clearwater Creek 3rd Addition, John Powell (3/5 Vote Required) - Staff advised Council set the public hearing for the proposed assessments for the Clearwater Creek, 3rd Addition project for this evening. All necessary notices have been mailed to affected property owners indicating the amount of the assessment and the date of the hearing. COUNCIL MINUTES OCTOBER 25, 1999 The project is substantially complete and can now be assessed. This project involved developer installed improvements. The assessments associated with this project include Sanitary Sewer and Watermain Area and Unit charges, Surface Water Management Fees, and Wearing Course Costs. Staff noted the assessment costs are lower than normal due to developer credits. Mayor Sullivan opened the public hearing at 8:08 p.m. Council Member Dahl moved to close the public hearing at 8:09 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Bergeson moved to adopt Resolution No. 99 - 107, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 107 can be found at the end of these minutes. PUBLIC HEARING, Resolution No. 99 -108, Adopt Assessment Roll Trappers Crossing 2nd Addition, John Powell (3/5 Vote Required) - Staff advised Co for the proposed assessments for the Trappers Crossing 2nd Addi All necessary notices have been mailed to affected property ow assessment and the date of the hearing. e public hearing this evening. e amount of the The project is substantially complete and can now - ss his project involved a combination of City and developer installed im.r The sanitary sewer and watermain assessments for the City project were plac n operty in 1996. The assessments associated with the current project inc ace Water Management Fees and Wearing Course Costs. Mayor Sullivan opened the a at 8:10 p.m. Council Member Lyde, close the pubic hearing at 8:10 p.m. Council Member Dahl seconded the motion. o carried unanimously. Council Member Bergeson moved to adopt Resolution No. 99 - 108, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 108 can be found at the end of these minutes. PUBLIC HEARING, Resolution No. 99 -109, Adopt Assessment Roll, Surfside Addition, John Powell (3/5 Vote Required) - Staff advised Council set the public hearing for the proposed assessments for the Surfside Addition project for this evening. All necessary notices have been mailed to affected property owners indicating the amount of the assessment and the date of the hearing. 12 • COUNCIL MINUTES OCTOBER 25, 1999 The project is substantially complete and can now be assessed. This project involved developer installed improvements. The assessments associated with this project include Sanitary Sewer and Watermain Area and Unit charges and Surface Water Management Fees. Mayor Sullivan opened the public hearing at 8:11 p.m. Mr. Bruce Hanson, 6980 Lake Drive, came forward and stated he has an issue with the water management fee. He indicated that 75% of the water will still run on the same property that it has for many years. He also asked for information regarding extending the payment period. Staff advised the water management fee is described in the development agreement. Drainage areas are covered by easements. The City does have alternate responsibility to clean the easements if the property owners do not. Staff recommended the assessment be adopted as presented. Staff will however, meet with the developer regarding the fees. Staff noted the current charges are those that were proposed in 1997. Council Member Dahl moved to close the public hearing at 8:16 p.m. Member Bergeson seconded the motion. Motion carried unanimously. Council Member Bergeson moved to table Resolution No. 9 1 n ' e November 8, 1999, Council meeting. Council Member Neal seconded the M carried unanimously. • PUBLIC HEARING, Resolution No. 99 -110, opt : < sessment Roll, Gemini Estates, John Powell (3/5 Vote Required) - Staff set the public hearing for the proposed assessments for the Gemini Estates pr •,; vening. All necessary notices have been mailed to affected property owner ; ° • • si e amount of the assessment and the date of the hearing. The project is substan installed improvement and Watermain Area Costs. ete and can now be assessed. This project involved developer sments associated with this project include Sanitary Sewer charges, Surface Water Management Fees, and Wearing Course Mayor Sullivan opened the public hearing at 8:17 p.m. Council Member Lyden moved to close the public hearing at 8:17 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Dahl moved to adopt Resolution No. 99 - 110, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 99 - 110 can be found at the end of these minutes. • PUBLIC HEARING, Resolution No. 99 -111, Adopt Assessment Roll, Highland Meadows East, John Powell (3/5 Vote Required) - Staff advised the Council set the public hearing for the COUNCIL MINUTES OCTOBER 25, 1999 proposed assessments for the Highland Meadows East project for this evening. All necessary notices have been mailed to affected property owners indicating the amount of the assessment and the date of the hearing. The project is substantially complete and can now be assessed. This project involved developer installed improvements. The assessments associated with this project include Sanitary Sewer and Watermain Area, Unit, and Lateral benefit charges and Surface Water Management Fees. Mayor Sullivan opened the public hearing at 8:19 p.m. Mr. Malcome Allen, representative for TSM Development, came forward and questioned the assessments. He stated that because substantial changes in the Highland Meadows plat have occurred, the development agreement has to change. He indicated some of his assessment charges are for benefiting properties in the Highland Meadows East subdivision. He indicated Highland Meadows East should also be assessed for a portion of the 79`'' Street reconstruction. Staff advised the Highland Meadows plat is being reviewed. Highlan are benefiting from the utilities project but do not benefit from the basis of adding 4 homes. Future development in Highland Me assessment. s East properties ruction on the warrant a road Council Member Dahl moved to close the public p.m. Council Member Lyden seconded the motion. Motion carried unanimous Council asked for a recommendation The City Attorney advised he Council Member Ber Council meeting. Cou A orney. ommendation without reviewing all the facts. to table Resolution No. 99 - 110 until the November 8, 1999, r Lyden seconded the motion. Staff advised a recomm + ation might not be possible until the Highland Meadows plat review is complete which should be early next year. Council noted a vote on Resolution No. 99 - 111 may be possible after the City Attorney's review of staffs recommendation. Motion carried unanimously. PUBLIC HEARING, Resolution No. 99 -112, Authorize Easement Payment, Lake Drive Trunk Utility Improvements, John Powell (3/5 Vote Required) - Staff advised a Commissioners Hearing was recently held and the awards for the Lake Drive Trunk Utility project eminent domain were determined. All the awards, with the exception of the Virginia M. Hauer property have been paid in full. Based on the commissioners' award, and after deducting the $7,977 that has already been paid to the Hauer's, a payment of $9,023 is due. 14 • • • COUNCIL MINUTES OCTOBER 25, 1999 Council Member Neal moved to adopt Resolution No. 99 - 112, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 112 can be found at the end of these minutes. JADT Lino Lakes Commercial Development Final Plat, Jeff Smyser - Staff advised there is a possibility of resolving the issue of the developer's agreement within the next day or two (2). Council has the option of extending the time limit given to meet all conditions. If Council chooses not to extend the time limit, the project cannot go forward. Council Member Bergeson moved to approve JADT Lino Lakes Commercial Development Final Plat based on the following conditions: 1. All development except the Phase I McDonald's shall comply with the design standards in the report. Phase I shall comply with the approved site lan and any conditions of approval. 2. The access driveway onto Apollo Drive shall be as 3. East Side access drive shall meet the private will be straightened. 4. Eliminate the five (5) stalls on seating unless or until a playl 5. Create two (2)-lan gle and the drive lane ilding and create an outdoor area for ds ¶the parking lot, one at each end of the double row of stalls. A tree sh. a the front island if possible. 6. The City Fos eview the landscaping plan for approval. 7. Proper buildit permits must be obtained prior to any construction and 1% of the construction costs must be put in escrow to insure completion of all site improvements. Prior to issuance of building permits, the City CSO must review building plans for compliance with CEPTED recommendations. 8. A lighting plan must be submitted and obtain approval by the CSO for compliance with CEPTED recommendations. 9. The Town Center Committee shall review any signage for approval. 10. All permits required by the Rice Creek Watershed District shall be obtained prior to any site grading. COUNCIL MINUTES OCTOBER 25, 1999 11. Utility, grading, and drainage plans must obtain approval from the City Engineer and Rice Creek Watershed District. 12. The building design, architectural standards, and signage including the McDonald's site are subject to review and approval by the Town Center Committee. 13. All necessary permits must be obtained from Anoka County and MnDOT. 14. A plat drawing must be submitted with all required easements and dedications shown. The accompanying signature page must include all property interests. 15. Complete title information shall be submitted and obtain approval from the City Attorney. 16. A developer's agreement shall be completed including financial securities. 17. In accordance with standard City policy, no site work shat the site before the developer's agreement is complete. 18. The City shall not sign the final plat and no site .i 1 _in until conditions 10, 11, 13, 14, 15, 16, and 17 are fulfilled. The other 'on 11 be met before a building permit is issued. 19. This conditional approval of ective for two (2) more weeks, ending November 8, 1999. If all con ' 'o met in that time, the approval expires. Council Member Dahl secon UNFINISHED BUSI S NEW BUSINESS - N COMMUNITY CALENDAR OCTOBER 25,1999 THROUGH NOVEMBER 8,1999 Environmental Board Meeting, Wednesday, October 27, 1999, 6:30 p.m. Park Board Meeting, Monday, November 1, 1999, 6:30 p.m. Election Day, Tuesday, November 2, 1999 Canvass of Election, Wednesday, November 3, 1999, 5:15 p.m. Council Work Session, Wednesday, November 3, 1999, 5:30 p.m. EDAC, Thursday, November 4, 1999, 7:00 a.m. R44. otion carried unanimously. 16 • • • COUNCIL MINUTES EDA Meeting, Monday November 8, 1999, 6:00 p.m. OCTOBER 25, 1999 City Council Meeting, Monday, November 8, 1999, 6:30 p.m. ADJOURN There being no further business, Council Member Dahl moved to adjourn at 8:34 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular C% I eeting, November 8, 1999. i / Ry el Gaustad, City Clerk low" Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc.