HomeMy WebLinkAbout11/22/1999 Council Minutes•
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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.
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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.
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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.
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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
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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.
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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.
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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.
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