Loading...
HomeMy WebLinkAbout11/08/1999 Council Minutes• • • COUNCIL MINUTES NOVEMBER 8,1999 CITY OF LINO LAKES MINUTES DATE : November 8, 1999 TIME STARTED : 7:06 P.M. TIME ENDED : 7:58 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; City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; Police Sergeant, Steve Mortenson (part); and City Clerk, Ry-Chel Gaustad SETTING THE AGENDA Item IAi, October 6, 1999, Council Work Session Minutes was re Item IAii, October 20, 1999, Council Work Session Minutes 4 s e agenda. om the agenda. Item IAiii, October 25, 1999, Council Meeting Mi •.; as ved from the agenda. Item 6H, Final Plat, Lino Lakes Commerc' e added to the agenda. The amended agenda was ap esen d. CONSENT AGEND JADT Development Group, was Council Member Berge m ved to approve the Consent Agenda, as presented. Council Member Neal seconded ''''e motion. Motion carried unanimously. ITEM DISBURSEMENTS: ACTION Manual October Disbursements ($209,625.20) November 8, 1999 (Check No. 57372 - 57477, $818,685.67) Centennial Fire District November 1, 1999 Approved Approved Approved COUNCIL MINUTES NOVEMBER 8,1999 OPEN MIKE Mayor Sullivan reported on the groundbreaking ceremony of the Centerville Beach and Anoka County Trail System. She announced the names of those involved in this project to assure an ' east/west trail connection and advised of anticipated upgrades. Mayor Sullivan thanked all involved in making this project a reality. No one else appeared under open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH There was no Administrative Department Report. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Conditional Job Offer, Police Officer Position to Melissa Hagert — Police Sergeant Mortenson advised that in June of 1999, Melissa Hagert was hired as . : +e Community Service Officer and fits the criteria and is eligible to become a full- fficer. This position will be the second Grant Cop position, which was pre by the City Council. Ms. Hagert successfully completed a background i s d is currently completing the psychological and physical evaluations. o nds making a conditional job offer to Melissa Hagert contingent upon succe c ical and medical evaluations. Council Member Neal moved to make a c contingent upon successful psycholo seconded the motion. Motion c PUBLIC SERVICES DE e job offer to Melissa Hagert evaluations. Council Member Dahl REPORT, RICK DEGARDNER Consideration of Res 99-117, Accepting Donations for Turkey Shoot - Rick DeGardner advised the o akes Parks and Recreation Department sought program sponsors for its Family Turkey Sh . t to be held on Saturday, November 13, 1999. This event is a free holiday event for the families of Lino Lakes and consists of low-key competition in a variety of athletic events. He reviewed the types of events which will take place and noted the following organizations have generously donated funds to help defer the costs of this event: Lino Lakes State Bank, Circle Pines -Lexington Lions Club, Lino Lakes Lions Club, Forest Lake Area Athletic Association, and Lakeland National Bank. Staff recommends adoption of the proposed resolution. Council Member Neal moved to adopt Resolution No. 99-117, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99-117 can be found at the end of these minutes. 2 • • • COUNCIL MINUTES NOVEMBER 8,1999 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL SECOND READING, Ordinance No. 21-99, Authorizing the Conveyance of Property to Ed Vaughan, Brian Wessel (3/5 Vote Required) - Brian Wessel advised that as part of the land exchange with Anoka County, the City acquired some property from developer Ed Vaughan that was then conveyed to the County. Mr. Vaughan contested that purchase and during the trial it became clear that the property the City intended to acquire was different from the property the City actually acquired. As part of a settlement with Ed Vaughan, the City agreed to petition the County to reconvey to the City certain small parcels of property. The Anoka County Park Board and the Anoka County Board of Commissioners have agreed to reconvey some parcels of property to the City as has been previously discussed. The action tonight authorizes the conveyance of the property the City received from Anoka County directly to Mr. Vaughan. The terms of the settlement agreement with Mr. Vaughan require this reconveyance. After the SECOND READING tonight, the ordinance will be published and go into effect in 30 days. Ed Vaughan, 14332 Pheasant Hills Drive, asked if the City feels they are totally done with negotiations at the end of this action tonight. The City Attorney state s would have complied with the terms of the settlement as outlined in the detaile ' e . greement. Mr. Vaughan asked if he could bring this matter back into co i d' ees with that opinion. He disagreed that the effort has been made to get back n •` island. He stated he had heard two different stories, one indicating that no i was ever taken. He stated he left a tape with staff that showed that part of the nd in eed taken. Mr. Vaughan stated he has a letter from Anoka County Commiss' 1 angfeld indicating the attorney's office stated that no part of the island was evert t aughan stated that he does not believe this was true. The City Attorney clarified the County to return t and determined there t indicated that if there is upland the City would petition o Mr. Vaughan. However, three staff members walked the area d, as is stated in the agreement. Mr. Vaughan stated he ' suppose to be involved in all of the negotiations but was never informed of when they took place. He emphasized that he had stated "island" not "upland" and he was to be involved in all negotiations involving the island to assure he could attempt to get his part of the island back. The City Attorney stated this is not a correct statement and urged Mr. Vaughan to review a copy of the settlement. Mayor Sullivan asked if it has been documented to invite Mr. Vaughan to the negotiations. The City Attorney stated they were never directed to invite Mr. Vaughan to the negotiations and there was never any obligation to return any portion of the island since there was no upland property involved. 3 COUNCIL MINUTES NOVEMBER 8,1999 Mayor Sullivan asked Mr. Vaughan if he believed he should have been included in the negotiations and was not included. Mr. Vaughan stated that is correct. Mayor Sullivan stated it is clear that the City Attorney, in his opinion, has advised that the City has fulfilled its obligation. Mr. Vaughan stated he provided a copy of the Langfeld letter to City Staff indicating that no part of the island was taken. Council Member Neal asked if Mr. Vaughan can either have his land back or if the City can purchase the land. The City Attorney explained that the City has an obligation to petition the County to obtain the property before the Council and if the City cannot obtain the property then the City must pay him money through a default provision. The City Attorney explained that the City obtained the property pursuant to the agreement and the action tonight would convey the property to Mr. Vaughan pursuant to the agreement entered into by the City and Mr. Vaughan in court. Council Member Neal stated the question exists about what property is involved. Mayor Sullivan stated the City Attorney has stated the City is clear on what p included and he believes the City has taken care of the City's obligation about wha The City Attorney stated the property being dealt with tonigliv in red at the work session meeting and it will be conveyed back to Mr. Va Council Member Lyden stated he reviewed the c created for a cash purchase for the upland would not preclude Mr. Vaughan fro Ings and no default agreement was ity Attorney stated that is correct but it e County if he wants to make that request. Council Member Bergeson st • not s elieve this is an issue that the City has any latitude to discuss, interject s cond-guess what might have happened in the court. This is a ratification o agr. ent that is coming from the court. Council Member Bergeson stated that it was brou ';, work session that once this has been ratified and put into place, the City or Count e . my could support an effort by Mr. Vaughan independent of this court proceeding to mak ome exchange with the County if the County is agreeable. Council Member Lyden moved to approve SECOND READING of Ordinance No. 21-99, as presented. Council Member Bergeson seconded the motion. Council Member Bergeson voted yea. Council Member Dahl voted yea. Council Member Lyden voted yea. Council Member Neal voted nay. Mayor Sullivan voted yea. Motion carried. Ordinance No. 21-99 can be found at the end of these minutes. PUBLIC HEARING, FIRST READING, Ordinance No. 17-99, Easement Vacation, Oak Brook Peninsula, John Powell (4/5 Vote Required) - John Powell advised that the Rice Creek 4 • • • COUNCIL MINUTES NOVEMBER 8,1999 Watershed District (RCWD) has requested additional information on this matter from the developer of Oak Brook Peninsula. A recommendation from the RCWD is required before City staff is able to prepare a recommendation so staff is requesting that the public hearing be continued until November 22, 1999. He advised that today he received additional survey information from the abutting property owner and information from the Anoka Conservation District. Council Member Lyden moved to continue the public hearing to the November 22, 1999, City Council meeting. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Resolution No. 99-101, Adopt Assessment Roll, Lakes Addition Street Reconstruction — John Powell (3/5 Vote Required) - John Powell advised that on October 25, 1999 the Council held a Public Hearing for the proposed assessment for the Lakes Addition Street Reconstruction project. Adoption of the proposed assessment was delayed to allow the City time to review the cost impact to the property owners if the repayment period was extended from 15 to 20 years. Staff presented the comparison of costs related to the two repayment periods (15 years and 20 years) and recommended adoption of the pro olution incorporating a 15 -year repayment period as originally proposed. Council Member Bergeson moved to adopt Resolution No. sented. Council Member Neal seconded the motion. Council Member Bergeson stated the last time thi repayment would not match the term of t policy, this consideration is important Motion carried unanimously. Resolution No. 99-10 ussed, it was mentioned the 20 -year ding. He indicated that as a matter of si erations. nd at the end of these minutes. Consideration of Reso oirNo. 99-102, Adopt Assessment Roll, 35W/TH49 Interchange Commercial Developm t Trunk - John Powell (3/5 Vote Required) - John Powell advised that on September 13, 1999, the Council set the Public Hearing for the proposed assessment for the I35W/TH49 Interchange Commercial Development Trunk project. However, the Public Hearing was not held on October 25, 1999, to allow time for discussion of the City's assessment policy for properties that will be developed or redeveloped in the near future. Staff presented rationale for their recommendation that the assessments for this project be deferred until such time as the properties develop and connect to City utilities. Council Member Lyden moved to adopt Resolution No. 99-102, as revised. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 99-102 can be found at the end of these minutes. COUNCIL MINUTES NOVEMBER 8,1999 Consideration of Resolution No. 99-103, Adopt Assessment Roll, Centennial Middle School • Street and Utility — John Powell (3/5 Vote Required) - John Powell advised that on October 25, 1999, the Council held a Public Hearing for the proposed assessment to one property involved in the Centennial Middle School Street and Utility project which benefited but was not originally assessed. Action on the assessment roll was delayed to review a request on the Lakes Addition project to extend the repayment period to 20 years. Since these are both City projects, the repayment periods need to be treated in a similar manner so action on this project was also delayed. The City's bond for the Centennial Middle School project also has a term of 15 years. Staff recommends keeping the repayment period at 15 years, similar to the Lakes Addition project. Council Member Neal moved to adopt Resolution No. 99-103, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 99-103 can be found at the end of these minutes. Consideration of Resolution No. 99-109, Adopt Assessment Roll, S Powell (3/5 Vote Required) - John Powell advised that on Octob Public Hearing for the proposed assessment for the Surfside A developer, Bruce Hanson, objected to the Surface Water M project which totaled $9,365. Staff presented the findin assessments, including the SWMC, be assessed as 1 osed. Council Member Dahl moved to adopt Re Neal seconded the motion. Motion c Resolution No. 99-109 can be, us y ddition — John e Council held a earing, the ges (SWMC) for his ch and recommended the 109, as presented. Council Member e en s' of these minutes. Consideration of R io . 99-111, Adopt Assessment Roll, Highland Meadows East — John Powell (3/5 Vot :, ) - John Powell advised that on October 25, 1999, the Council held a Public Hearing froposed assessments for the Highland Meadows East project. The proposed assessments in de sanitary sewer, watermain, and surface water management charges. At the hearing, representatives of the Highland Meadows subdivision asked why the Highland Meadows East subdivision was not assessed for 79th Street reconstruction costs. It was noted that Highland Meadows East includes six residential lots and two outlots, A and B. Two of the proposed lots contain existing houses that are to remain. Therefore, the current plat contains four new houses that will front on 79th Street. It is staffs opinion that the additional traffic generated by four new lots is not sufficient to require reconstruction of the roadway. Highland Meadows East also includes two outlots. At such time as this outlots are replatted, the City will have to consider the proposed land use intensity and a contribution from the developer for the upgrade of 79th Street. However, based on the current information, staff does not support placing a street reconstruction assessment against the Highland Meadows East subdivision. Council Member Bergeson moved to adopt Resolution No. 99-111, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. 6 • • • COUNCIL MINUTES NOVEMBER 8,1999 Resolution No. 99-111 can be found at the end of these minutes. Consideration of Final Plat, Lino Lakes Commercial Development JADT Development Group - Northeast Quadrant, Lake'Drive and I -35W - Jeff Smyser (3/5ths Vote Required) - Jeff Smyser explained the Council approved the final plat for the Lino Lakes Commercial Development with conditions. One of the conditions was that the approval was effective for two weeks (condition 19). If all the conditions were not met in that time, the Council indicated they would reconsider the plat approval. That time has expired and staff recommends an extension of the conditional approval of the final plat. Mr. Wessel explained that due to the good weather being experienced, it might be possible to get this project underway. However, the road clause is still under negotiation. He requested an additional two weeks to continue that negotiation to assure all possibilities have been exhausted. Baylor, representing JADT Development Group, stated he would like to address some of his concerns with regard to this project and process in the hope of movin ect along. Mr. Baylor stated the Council should have accurate and updated info o >:ard to the approval process. He stated staff is aware of a grocery and dev e hk' eady to proceed and encouraged the Council to be proactive in furthering this Mr. Baylor stated he does not mind a little controv . t s not believe the project needs to continue. He advised that most of the items in ated the staff report have been completed with the exception of one clause in the de �. . ; ' t. For the record, he reviewed the conditions of approval, stating all the comply with the design standards approved on March 6, 1999 whic a on tion 1; the updated McDonalds site plan information has been submitt s hich addresses Conditions 2-14; and Condition 15 is in progress and is a resolvable '4 ' aylor asked that the record reflect that these conditions of approval have been Mr. Baylor stated the C re'Sented that the road remain a private road until such time as the rest of Apollo Drive is exten d to 77th Street. He stated at that time, he would complete the extra 50 -foot strip to complete the road. He asked that a stipulation of time (3 years) be added to the contract so when the criteria is met it could become a public road. He stated he did not receive an official response back on that requested stipulation. Mr. Baylor noted the potential tax revenue is in excess of $600,000 each year. He stated if this segment of Apollo Drive was done and designated as a commercial incentive district, this would be a non -issue and everyone would "win." Mayor Sullivan asked Mr. Baylor if he preferred for the Council to act on this tonight instead of granting a two-week extension. Mr. Baylor stated he is willing to continue another two weeks to negotiate with staff but noted that it has been a month and nothing has been resolved on that point. Mr. Baylor stated he does not know that another two weeks with the same modus operandi will bear fruit. 7 COUNCIL MINUTES NOVEMBER 8, 1999 Mayor Sullivan stated the City wants a McDonalds and the City needs access to the rest of the property. She stated the Council does not have all the details that would be needed to negotiate the issues tonight and asked what will move this ahead in two weeks. Mr. Wessel stated he would not ask for an extension of two weeks if he did not believe there was a potential to resolve the issues. He noted the issue of timing has been included in the consideration and he believes it can be negotiated successfully. He cautioned the Council about opening negotiations to the public. Mr. Baylor noted the high cost of holding this project and emphasized the need to reach a conclusion. The City Attorney stated he is the "point man" because Mr. Baylor has an attorney but it is known that decisions are made by the City Council. He agreed there is one issue and that is one of timing. The City Attorney stated he did indicate that a time line of three ears is not an acceptable solution to the City and staff would like to further discuss ld be an agreeable time frame. Council Member Lyden stated this is just another challenge o prefer to hear Mr. Baylor's perspective of what the answer will be. Mr. Baylor stated he thinks the language he pro convey to the City at any time (which is h. they want to do a commercial incentive Council Member Bergeson extension is approved but r special Council meeti table. He offered other options to o convey at the time the City decides /5th vote is required and stated if a two-week ached in several days, he would support holding a considered prior to the next meeting. Mr. Wessel noted that • ,' t ` development agreement is signed off, the project is underway without further Council =`' tion. Mayor Sullivan agreed that should settlement be reached sooner, a special Council meeting can be called. Council Member Bergeson moved to approve final plat with the conditions listed in the staff report. Council Member Lyden seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS - None 8 COUNCIL MINUTES NOVEMBER 8,1999 • COMMUNITY CALENDAR NOVEMBER 8,1999 THROUGH NOVEMBER 22, 1999 Planning & Zoning Board Meeting, Wednesday, November 10, 1999, 6:30 p.m. Veteran's Day, City Hall Closed, Thursday, November 11, 1999 Citizen's Advisory Group Meeting, Monday, November 15, 1999, 7:00 p.m. Council Work Session, Wednesday, November 17, 1999, 5:30 p.m. Coffee w/Mayor, Friday, November 19, 1999, 7:30 a.m.-9:00 a.m. City Council Meeting, Monday, November 22, 1999, 6:30 p.m. AD TOURN There being no further business, Council Member Lyden moved to ad' Member Dahl seconded the motion. Motion carried unanimously :58 p.m. Council These minutes were considered and approved at the regul :- i, g, December 6, 1999. J(Ry-/Irl el Gaustad, City Clerk • , Mayor