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HomeMy WebLinkAbout11/22/1999 Council Minutes• • • COUNCIL MINUTES NOVEMBER 22, 1999 CITY OF LINO LAKES MINUTES DATE : November 22, 1999 TIME STARTED : 6:30 P.M. TIME ENDED : 8:27 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; Community Development Director, Brian Wessel; City Engineer, John Powell; Public Services Director, Rick DeGardner; City Planner, Jeff Smyser; Police Chief Dave Pecchia (part); Sergeant Bill Hammes (part); Sergeant Kent Strege (part); and City Clerk, Ry-Chel Gaustad SETTING THE AGENDA The agenda was approved as presented CONSENT AGENDA Council Member Dahl moved to approve Neal seconded the motion. Motion c ITEM MINUTES: October 6, 199 Q it Work Session October 11, 1999, Council Meeting November 3, 1999, Canvass of Election Board DISBURSEMENTS: November 22, 1999 (Ck. #57482 - 57573, $227,365.21) Centennial Fire District November 15, 1999 da as presented. Council Member ACTION Approved Approved Approved Approved Approved COUNCIL MINUTES NOVEMBER 22, 1999 Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Mayor Sullivan stated she and the City Clerk attended the League of Minnesota's Policy Adoption Conference last week. The League of Minnesota Cities will be addressing the legislature regarding issues such as sales tax, TIF issues, and disseminating information to citizens. The City Clerk has been actively researching internet publication possibilities and its cost savings. EDAC will be meeting tomorrow morning at 7:00 a.m. EDAC works directly with the Economic Development Department to set up five (5) year goals. In the past five -(5) years, the City has had a $45 million dollar increase in commercial dollars. EDAC will be setting up a new five -(5) year plan. Anyone that is interested in working on the plan can attend tomorrow's meeting. Mayor Sullivan stated that the paper last week incorrectly reported tha County Park would be motorized. The trail will be for bikes and No one appeared for open mike. ADMINISTRATION DEPARTMENT REPO Consideration of Resolution No. 99 -1 (Amendment 2), (3/5 Vote Require budget to include an additional $2 these voting machines until 2 decreasing the capital outla within the Anoka y. e 1999 General Fund Balance the Council amended the 1999 Elections ng machines. The City will not be purchasing ton o. 99 — 118 will amend the election budget putting the dollars back into the General Fund. The 2000 Elections bu 1 amended in 2000 for the purchase of the voting machines. Council Member Neal ed to adopt Resolution No. 99 — 188, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 118 can be found at the end of these minutes. Consideration of Resolution No. 99 -120, Approving Application for Lawful Gambling Exemption Permit to allow Raffles and Tipboards for the Lino Lakes Club International (3/5 Vote Required), Ry-Chel Gaustad — Staff advised Ms. Pat York has requested authorization to conduct raffles and Tipboards at the VFW Post 6583 on Saturday, January 15, 2000, 3:00 p.m. to 6:00 p.m. Resolution No. 99 — 120 approves the application for lawful gambling exemption permit to allow raffles and tipboards on January 15, 2000, for the Lino Lakes Lions Club International. 2 • • COUNCIL MINUTES NOVEMBER 22,1999 Council Member Neal moved to adopt Resolution No. 99 — 120, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 120 can be found at the end of these minutes. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Consideration of Resolution No. 99 -119, Accepting Donations from Lino Lakes Chamber of Commerce - Sergeant Bill Hammes — Staff advised the Lino Lakes Chamber of Commerce has donated $1,000 to purchase needed audio equipment for the police facility classroom. The purpose of Resolution No. 99 — 119 is to accept and publicly thank the Lino Lakes Area Chamber of Commerce for their donation. Mr. Fritz Johnson, President of the Lino Lakes Chamber of Commerce, came forward and presented Sergeant Hammes with a check in the amount of $1,000. Council Member Lyden moved to adopt Resolution No. 99 —119, as Council Member Dahl seconded the motion. Motion carried unanimously, Resolution No. 99 - 119 can be found at the end of these min Y2K Presentation, Sergeant Kent Stregge — Du ensure the City's readiness for potential Y2K iss through meetings with State, County and attended several classes through Ano At this time, staff is informin that may arise. A plan as b outlined the plan for areas and shelter locate problem occurs. All in newspaper and posted a ar, staff has been directed to tial issues were defined and addressed addition, key staff personnel have the City is prepared for any potential Y2K issues to implement in case of massive utility outages. Staff cil uding emergency plans, staffing plans, and water distribution oted that all staff has been scheduled for 12 hour shifts if a a on regarding emergency locations and plan will be in the ity Hall. Council Member Neal asked about emergency plans if 35E floods due to a dam explosion. Staff advised the State Patrol would be called in and rerouting of the freeway would occur. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL PUBLIC HEARING, Ordinance No. 23 - 99, Vacating Trail Easement in Fox Trace, Mary Kay Wyland (4/5 Vote Required) — Staff advised a request has been received from R -Property, Inc. to vacate two (2) trail easement documents recorded for the development known as Fox COUNCIL MINUTES NOVEMBER 22, 1999 Trace. These easements were recorded in July and December 1994 prior to the exact trail location. Since that time, the trail has been constructed, accurately defined and a permanent easement recorded on October 19, 1999. The new document correctly defines the constructed trail document and serves to replace the two -(2) easement documents being vacated. The document does contain a typographical error on the second page indicating that it is replacing Document No. 1138062 rather than #1148602, however, the City Attorney has reviewed the material and indicated this error is of no consequence to the City. The document defines the trail easements accurately and the City will be vacating the previous easements. Staff recommended adoption of Ordinance No. 23 — 99, Vacating Document #1128982 and #1148602 (Fox Trail Easements) as they are not necessary and have been replaced with a new document. Staff also recommended acceptance of the new Permanent Easement Document. This new document was recorded with Anoka County on October 19, 1999. The City Attorney advised that the correction does not need to be mad pproval because the new document defines the correct easement. Mayor Sullivan opened the public hearing at 6:50 p.m. Council Member Lyden moved to close the public a p.m. Council Member Dahl seconded the motion. Motion carried unanimous Council Member Bergeson moved to and accept Trail Easement Docu the motion. Council Member Ber vieea. Council Member Dahl voted yea. Council Member Lyden oted READING of Ordinance No. 23 — 99 1, 1999. Council Member Dahl seconded voted yea. Council M , yea. Mayor Sullivan voted yea. Motion carried unanimo ly. Consider Final Plat, Peregrine Pass, Jeff Smyser (3/5 Vote Required) - Staff advised Council approved the preliminary plat for Peregrine Pass on May 24, 1999. The final plat conforms to the approved preliminary plat. The final plat is in compliance except for trail location that will be put in by the surveyor. The title work is being reviewed by the City Attorney and should be completed tomorrow. The Development Agreement is complete. The buffer easement document will be reviewed to ensure it meets the condition of approval. The plat will require MUSA allocation from the MUSA Reserve in the amount of 5.9 acres. Staff recommended approval of the final plat and 5.9 acres of MUSA allocation. Staff noted the easement would be filed and recorded separately. 4 COUNCIL MINUTES NOVEMBER 22, 1999 Council asked if the drainage problems on the back lot have been taken care of. Staff advised the ditch along the back lots have been realigned. The developer will be cleaning the ditch along the north side so drainage will occur to the east. All neighborhood concerns have been addressed. The City does have an easement on the east side of the plat where the ditch is located. Staff added that the trail is scheduled be graded this fall. Paving will occur when the second layer of asphalt is put on the road. It is anticipated that will happen next spring. Council Member Bergeson moved to approve final plat for Peregrine Pass based on the following conditions: 1. Trail dedication has been added to the plat. 2. Completion of title work subject to City Attorney approval. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Lyden moved to approve the allocation of 5.9 acro Reserve. Council Member Dahl seconded the motion. Motion carried u PUBLIC HEARING, FIRST READING, Ordinance Brook Peninsula, John Powell (4/5 Vote Requir continued to the December 13, 1999, Council m ement Vacation, Oak mmended the public hearing be The City Attorney advised there is no t re ating to easement vacations. Council Member Dahl move No. 17 — 99, Easement Vac meeting. Council Me C HEARING, FIRST READING, Ordinance ook Peninsula, to the December 13, 1999, City Council econded the motion. Motion carried unanimously. PUBLIC HEARING, c 1 rive Utility Extension, John Powell — Staff advised on October 11, 1999, Council recei a Feasibility Report, and set the public hearing, for the installation of sanitary sewer and watermain service to the Nancy Drive/Vicky Lane neighborhood. This report had been prepared in response to two (2) petitions received from Nancy Drive, and Vicky Lane, area property owners. Per the Council direction, this project has been split into two (2) separate projects. One Project will serve Twilight Acres (generally Vicky Lane) and the other will serve Twilight Acres 2nd Addition (Nancy Drive, south of Vicky Lane). The original study and the construction cost and assessment impact of splitting the project will be discussed at the public hearing. The improvements discussed at this hearing are those affecting the Twilight Acres 2nd Addition (Nancy Drive, south of Vicky Lane) properties. • COUNCIL MINUTES NOVEMBER 22, 1999 Staff distributed a copy of the utility plans and a copy of the estimated costs and reviewed them in detail. The approximate assessment cost to each lot for the Nancy Drive Utility Improvements is $28,000, which does not include SAC charges, permit fees, and installation of a meter. Staff also noted that the project was initiated by residents in the area because of the utilities that were installed along Lake Drive. If the appraisal does not cover the cost of the assessment for each lot, the City will have to find alternative funding to move forward with this project. The residents in the area can determine whether the project should proceed. Council Member Neal asked if it is possible to only install sewer. He stated that water is not a problem in the area and the road is still in good shape. If a water pipe was installed, residents could hook up to the water service when they see fit. Staff advised they would not recommend installing sewer only. Part of the roadway would still have to be removed. Therefore, a street restoration cost would still be added to the assessment charges. Council Member Lyden asked about the final figure, which is different from the lateral benefit figure. Staff advised trunk assessments, unit and area assessment, and system wide improvement costs are added to the lateral benefit figure. Mayor Sullivan noted the assessment charges are very high du tr onstruction costs. Mayor Sullivan opened the public hearing at 7:22 p.m. Mr. Richard Kelly, 7951 Nancy Drive, asked if th come in at a lower figure than the assess forward with the project, another fund' have to cover the costs or reduce t as leaving out curb and gutter Mr. Kelly asked at w advised that the Coun owners. ther path to take if the appraisals ed if the City chooses to move have to be identified. The City would ject further. There are options to look at such City would determine the project should be dropped. Staff e that decision based on petitions received from property Mr. Richard Urbis, 7940 Nancy Drive, stated he is concerned that the project will cost even more for the few residents that want the project to go forward. Ms. Janelle Wouness, 719 Vicky Lane, asked why the City couldn't identify an alternate -funding source before the appraisals are ordered. Staff advised they are unaware of any other funding source that is available. Staff may not be comfortable with any other variation of the project. Staff noted the assessment cost is based on construction costs. Mayor Sullivan advised that the City does not typically pay 100% of road improvements. There is an assessment process that has to be followed. Mr. Keith Peterson, 761 Vicky Lane, stated he has never had a problem with drainage. He asked if the project could be completed without storm sewers. Staff advised the storm sewer 6 • • • COUNCIL MINUTES NOVEMBER 22, 1999 installation is only 25% of the assessment costs. The City could investigate the possibility of completing the project without storm sewer. Staff noted the City does prefer to install the storm sewer as proposed. Mr. Peterson stated his assessment charge include $4,000 to run the sewer pipe in his yard twice. He indicated that his assessment, therefore, ran $300 per foot. He indicated the sewer pipe should not have to be run twice. He stated he could perform the installation at half the price. Unit costs are based on bids within the City. Ms. Cindy Bruneberg, 7941 Nancy Drive, asked the City to clarify that the residents specific to Twilight 2°d Addition can upgrade their existing septic system. Staff advised residents initiated this project. A septic designer would have to determine if each individual lot could support a system upgrade. Mr. Ray Johnson, 7971 Nancy Drive, asked why the neighborhood has to have curbs and sewer. He stated the area has done without it for a long time. Mayor Sullivan noted certain road standards are established so the constructed throughout the City. The City will have to dete acceptable. Mr. Johnson asked why the residents along Lake advised the lots along Lake Drive qualified for th pertains to lots that can't be subdivided ality roads are in quality is to hook up for $8,800. Staff endment. The Bisel Amendment pay only a small lot assessment. Mr. Johnson asked for a copy of t nd ent and a copy of the ordinance relating to the City's public improvement po, Council Member D . • ve close the public hearing at 7:42 p.m. Council Member Bergeson seconded the + • otion carried unanimously. Council advised residen : have 60 days to petition against the project. Council will discuss the project at the end of the 60 days. Staff noted the public hearing is the starting point for the improvements. The Bisel Amendment applies to sewer and water only. The road improvements are not covered under the Bisel Amendment. PUBLIC HEARING, Vicky Lane Utility Extension, John Powell — Staff advised on October 11, 1999, Council received a Feasibility Report, and set the public hearing, for the installation of sanitary sewer and watermain service to the Nancy Drive/Vicky Lane neighborhood. This report had been prepared in response to two (2) petitions received from Nancy Drive, and Vicky Lane, area property owners. COUNCIL MINUTES NOVEMBER 22, 1999 Per the Council's direction, this project has been split into two (2) separate projects. One project will serve Twilight Acres (generally Vicky Lane) and the other will serve Twilight Acres 2nd Addition (Nancy Drive, south of Vicky Lane). The original study and the construction cost and assessment impact of splitting the project will be discussed at the public hearing. The improvements discussed at this hearing are those affecting the Twilight Acres Addition (generally Vicky Lane) properties. Staff distributed a copy of the utility plans and a copy of the estimated costs and reviewed them in detail. The approximate assessment cost to each lot for the Vicky Lane Utility Improvements is $17,700, which does not include SAC charges, permit fees, and installation of as meter. Staff noted that if the appraisal does not cover the assessment charge, the City would have to find an alternate -funding source to cover the difference to move forward with the project. Council Member Lyden asked staff to explain the addition of 30% to the assessment fee. Staff advised the City typically adds 30% to the estimated construction cost to determine the project costs. Ten percent (10%) covers a contingency for construction and 21 engineering and administration fees. If the project runs smoothly and is on time, tl 1'' of needed and won't be added to the assessment fee. Council Member Lyden advised it is the intent of Coun the appraisal does not at least match the assessme request to Council could be made to order the1 owners would not have the final cost of as project. Mayor Sullivan opened the p at 7!56 p.m. Mr. Mike Adamczak, He also asked if feder does not include hook funding is available due orward with a project that vised that after 60 days, a cations and appraisals. The property fter the bids are received on the Vi ° . ane, asked if the assessment fee includes hook up to the house. available for the project. Staff advised the assessment fee bing costs will vary. Staff advised it is unlikely any federal the size of the lots. Council directed staff to investigate the possibility of any federal funds or grants. Ms. Joan Delrio, 785 Vicky Lane, asked if the projects include curbing and who is responsible for the appraisal cost. Staff advised the project does include curbing. The City pays for the appraisal cost for the project. If the property owner desires an additional appraisal, it is the property owners cost. Ms. Delrio asked if there is anything available for those who have had their septic fail and have to do something about sewer. Staff advised an evaluation would have to be made if systems have failed. If many have failed it would be an emergency situation and the project would become more important. 8 • • • COUNCIL MINUTES NOVEMBER 22,1999 Council directed residents who have a failed septic system to contact City staff if the project does not move forward. State loans may be available and there are other septic options. Council Member Lyden suggested the possibility of putting the project on a ballot per the Charter. Staff advised the City is in the early stages of determining road reconstruction projects. This project is not a high priority at this time but would be if the area properties experienced system failure. However, there are roads within the City that are higher priorities but don't have the support for City utilities. Mr. Ray Johnson, 7971 Nancy Drive, asked why the two (2) lots off of Lake Drive were eliminated from the assessments. Staff advised those (2) lots qualified for the Bisel Amendment. Mr. Johnson asked why the pipes were extended on those lots. Staff advised the City routinely extends pipe out of heavily traveled areas to minimize traffic disturbance. Mr. Johnson asked if the additional 30% are included in the final assessment fee. Staff advised the 30% are included. Staff noted all property owners must pay a tru even if they qualify for the Bisel Amendment. Council advised this was a citizen -initiated project. The citi + s ed an evaluation of costs. The citizens can also ask to stop the project. Each resid. .. .0 to petition. Mr. Liljedahl asked if there are different options complies with the County's ordinance re other alternatives. Council Member Lyden aske per the City Charter. The on local improvement have the right to dete ystems. Staff advised that the City ems and staff noted there might be ents'ould move forward with this project with a ballot dvised the Charter does not allow use of general funds way to go through the Charter is with a ballot. Citizens do not s are used. Mayor Sullivan added tl City does have funds to fix potholes. The City must go to the voters when reconstructing a road. Ms. Delrio asked what would happen after the 60 days if the city did not receive any petitions. Staff advised that if no petitions were received, a poll would be taken relating to moving forward with the project. An assessment hearing will be held for all residents to appeal. After 30 days the Council will determine if the City will proceed. Staff noted appraisals are ordered at the end of the 60 -day period. Mr. Chris Hofsted, 774 Vicky Lane, asked why the City couldn't look at cutting costs on the project now. Mayor Sullivan advised the City would look at all options. Feedback is needed from residents. The City will make a determination after the appraisals are received. COUNCIL MINUTES NOVEMBER 22, 1999 Mr. Lyle Bye, 775 Vicky Lane, stated because there is distrust with government and City officials, some residents are hiding the fact that their septic has already failed. He stated his septic system failed five (5) years ago but he has been able to keep it going safely. He asked if there are any options for already failed septic systems. Council directed staff to investigate options for those whose septic systems have already failed. Council Member Dahl moved to close the pubic hearing at 8:21 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. Consider Approval of Final Plat, Pheasant Hills Preserve 10th Addition, Mary Kay Wyland — Staff advised Mr. Vaughan is requesting final plat approval on his Pheasant Hills Preserve 10th Addition. The property is zoned R -1X, and is within the existing MUSA. The 10th Addition will add 17 lots to the City's inventory. The City Attorney has approved the title commitment. Grading and ut is in progress. The development agreement and financial guarantees are posted w. For Council information, Mr. Vaughan has created Outlot B y ' .osed as Lot 1, Block 1, to get around a title problem with the homeowners' a n. elimination of this lot does not affect the integrity of the plat nor does it ► platting of this Outlot if it is combined with Outlot E of Pheasant Hills 5th Ad•; on i ediately to the south. Council Member Neal moved to appy or ' heasant Hills Preserve 10th Addition, as presented. Council Member Berg o d e motion. Motion carried unanimously. UNFINISHED BUSINESS NEW BUSINESS Consideration of August 21,1996, Council Work Session Minutes (Council Member Dahl and Mayor Sullivan were not on the Council) — Council Member Neal moved to approve the August 21, 1996, Council Work Session minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of September 4, 1996, Council Work Session Minutes (Council Member Dahl and Mayor Sullivan were not on the Council) — Council Member Lyden moved to approve the September 4, 1996, Council Work Session minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. 10 • • • COUNCIL MINUTES NOVEMBER 22, 1999 Consideration of September 18, 1996, Council Work Session Minutes (Council Member Dahl and Mayor Sullivan were not on the Council) — Council Member Bergeson moved to approve the September 18, 1996 Council Work Session minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of October 9, 1996, Council Work Session Minutes (Council Member Dahl and Mayor Sullivan were not on the Council; Council Member Neal was absent) — Council Member Bergeson moved to approve the October 9, 1996, Council Work Session minutes, as presented. Council Member Lyden seconded the motion. Motion carried with Council Members Dahl and Neal and Mayor Sullivan abstaining. COMMUNITY CALENDAR FOR NOVEMBER 22,1999 THROUGH DECEMBER 13, 1999 Economic Development Meeting, Tuesday, November 23, 1999, 7:00 a.� Thanksgiving Day, City Hall Closed, Thursday, November 25 City Hall Closed, Friday, November 26, 1999 Environmental Board Meets, Wednesday, Dec 6:30 p.m. EDAC Meeting, Thursday, December Truth in Taxation Hearing, Mo be 2, 1999, 6:00 p.m. Park Board Meeting, Mo c er 6, 1999, 6:30 p.m. Elected Officials Ori esday, December 7, 1999, 5:30 p.m. Council Work Session, ednesday, December 8, 1999, 6:30 p.m. Planning & Zoning Board Meeting, Wednesday, December 8, 1999, 6:30 p.m. Truth in Taxation Hearing Continued, Monday, December 13, 1999, 6:00 p.m. City Council Meeting, Monday, December 13, 1999, 6:30 p.m. ADJOURN There being no further business, Council Member Dahl moved to adjourn at 8:27 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, December 13, 1999. COUNCIL MINUTES NOVEMBER 22,1999 Ry-CC1 Gaustad, City Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 12