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HomeMy WebLinkAbout12/13/1999 Council Minutes• COUNCIL MINUTES DECEMBER 13,1999 CITY OF LINO LAKES MINUTES DATE : December 13, 1999 TIME STARTED : 6:30 P.M. TIME ENDED : 8:07 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; City Engineer, John Powell; Community Development Director, Brian Wessel; 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 6B, Consideration of Highland Meadows East Final Plat, r o m the agenda. The amended agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to apprs — tit- Benda, as presented. Council Member Dahl seconded the motion. Motio ITEM MINUTES: i ously. ACTION October 20, 199 ouncil Work Session Approved October 25, 1999, Council Meeting Approved November 3, 1999, Council Work Session Approved November 8, 1999, Council Meeting Approved November 17, 1999, Council Work Session Approved November 22, 1999, Council Meeting Approved Resolution No. 99 — 121, Transferring Funds from TIF District 3-1 to the Escrow Fund for Administration Approved COUNCIL MINUTES Resolution No. 99 — 122, Transferring Funds from TIF District 1-7 to the Escrow Fund for Administration Approved DISBURSEMENTS: November Manual Disbursements ($87,690.61) Approved December 13, 1999 (Check No. 57589 - 57739, $286,465.44) Approved Centennial Fire District December 1, 1999 Approved DECEMBER 13, 1999 Mayor Sullivan reminded those present of the guidelines for audience partici ation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Mayor Sullivan advised the City has put out a Y2K flye 'ng rmation and tips relating to Y2K. The flyer is available at City Hall. Mayor Sullivan stated the County is looki of people that have given extraordin to submit contact Commissioner Mr. Tim Baylor, JADT De make progress on the solution is the implem regarding that option is noting he has worked on heroes. They are looking for names urs to the community. If anyone has a name e forward and stated he and City staff are trying to elo nt Agreement relating to the McDonald's project. A possible he City process to develop the road. He stated his concern ng. Mr. Baylor continued giving the background of the project for a very long time. He stated that he maintains the City has not done what it said they would do over the last six -(6) months. He stated he needs closure to the Development Agreement and he has questions regarding the City's approval process. Council determined this issue would be added to the agenda under New Business. No one else appeared under open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consider Recommendation to Appoint John Powell as City Engineer, (3/5 Vote Required) - Linda Waite Smith — Staff advised Mr. John Powell of TKDA has served as the City Engineer for the City during part of 1998 and all of 1999. Based on his performance, staff recommended in August, 1999, the City Council extend his contract between the City and TKDA for the year 2 • COUNCIL MINUTES DECEMBER 13,1999 2000. Although Mr. Powell is an employee of TKDA and is bound by the conditions and obligations of the contract between the City and TKDA, he serves as the City's official City Engineer. His responsibilities include managing the City's Municipal State Aid road system, submitting reports and permit applications to governmental agencies and serving as lead contract for the City on all engineering issues. In order to formally authorize this representation, Council is being asked to officially appoint Mr. Powell the City Engineer for Lino Lakes through December 31, 2000. Council Member Neal moved to appoint Mr. John Powell as the City Engineer through December 31, 2000. Council Member Bergeson seconded the motion. Motion carried unanimously. Consider Resolution No. 99 —126, Adopting the 2000 Tax Levy, (3/5 Vote Required) — Linda Waite Smith — Pursuant to State Statute the City of Lino Lakes is required to adopt a Final 1999 tax levy, collectable in 2000. The levy includes the total (net of HACA) General operating levy, Ce ' f Indebtedness levies, Fire Station Bond, Civic Complex Bond and Road Improvvels. The total net levy certified is $4,187.526. Based on data supplied by the Anoka County Division y rds and Taxation, the City tax rate will be 35.921%. Council Member Bergeson moved to ado. . 99 — 126, as presented. Council Member Neal seconded the motion. tiunanimously. Resolution No. 99 — 126 can . he e ``d of these minutes. Consider Resolution Waite Smith — Pursu General Fund operatin 7, Adopting the 2000 Budget, (3/5 Vote Required) — Linda tatue the City of Lino Lakes is required to adopt a Final 2000 The Final 2000 General Fund operating budget has been presented with a 9.62% increase. Council Member Neal moved to adopt Resolution No. 99 — 127, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 — 127 can be found at the end of these minutes. Set Date for Public Hearing on CDBG Funding Request, (3/5 Vote Required) — Linda Waite Smith — Each year the City is allocated CDBG dollars to fund projects that primarily benefit low income person/households or cleanup conditions of slum and blight. • Anoka County has estimated the 2000-2001 grant to be $36,063 less $1,000 for administration for a total of $35,063. 3 COUNCIL MINUTES DECEMBER 13, 1999 The public hearing date will be set for January 10, 2000, 6:30 p.m. February 14, 2000, has been set as the tentative date the Council will make its final decision regarding allocation of CDBG funds. Council Member Lyden moved to set public hearing date for January 10, 2000, 6:30 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Consider Approving Liquor Application for Chad Wagner, Miller's on Main (3/5 Vote Required) — Ry-Chel Gaustad — Staff advised Mr. Chad Wagner has submitted an application for liquor licenses. Mr. Wagner plans to acquire Miller's on Main, 8001 Lake Drive, effective January 1, 2000. A background investigation has been completed and is available for inspection in the City Clerk's office. Fire Chief Bennett has confirmed the building is up to code. The liquor fee has been prorated for six (6) months and the amount of $1,662 has been paid in full. Staff noted the certificate of "Dram Shop" insurance and proof of "Workers Compensation" has not yet been received. Approval of the application should be continen ceiving those two (2) items. Mayor Sullivan suggested tabling the application until all pa s &en received. Staff advised time is a factor. The applicant would like to ac • lle n Main by January 1, 2000. Council Member Neal moved to approve certificate of Dram Shop insurance an seconded the motion. Motion carr ntingent upon receipt of a satisfactory ers Compensation. Council Member Dahl PUBLIC SAFETY DEPA PORT, DAVE PECCHIA There was no Public S ment report. PUBLIC SERVICESPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL SECOND READING, Ordinance No. 23 — 99, Vacate Fox Trace Easement (3/5 Vote Required) — Mary Kay Wyland — Staff advised this is the second reading of Ordinance No. 23 — 99 vacating two (2) trail easement documents recorded for the development known as Fox Trace. These easements were recorded in July and December of 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 Council held a public hearing on November 22, 1999, approving the first reading of this ordinance and accepted the new Trail Easement Document. 4 • • COUNCIL MINUTES DECEMBER 13,1999 Staff recommended approval of the second reading of Ordinance No. 23 — 99. Council Member Lyden moved to approve the SECOND READING of Ordinance No. 23 — 99, as presented. Council Member Dahl seconded the motion. Council Member Bergeson voted yea. Council Member Dahl voted yea. Council Member Lyden voted yea. Council Member Neal voted yea. Mayor Sullivan voted yea. Motion carried unanimously. Council Member Bergeson moved to accept the new Trail Easement Document, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Ordinance No. 23 — 99 can be found at the end of these minutes. Consideration of Highland Meadows East Final Plat (3/5 Vote Re Jeff Smyser — Upon adoption of the agenda, this item was deleted. PUBLIC HEARING, FIRST READING, Ordinance No. — ment Vacation, Oak Brook Peninsula (4/5 Vote Required) — John Powell c ended this item be continued to January 10, 2000. Mayor Sullivan stated the question regard' f compensatory storage has been answered. However, there are now q t1 ing swale regrade, retaining some portion of the easement, and the survey. St. �+ d qu=stions would be addressed at the Council work session before Council ' e'. "'ake a tion. Council Member Dah No. 17 — 99, Easemen Bergeson seconded the continue PUBLIC HEARING, FIRST READING, Ordinance ak Brook Peninsula, to January 10, 2000. Council member Motion carried unanimously. Consider Resolution No. 99 —123, Approve Final Payment for Ware Road Reconstruction (3/5 Vote Required) — John Powell — Staff advised the Contractor for the Ware Road Reconstruction project, S.R. Weidema, Inc., is requesting City approval of Payment No. 8 (final) in the amount of $20,978.00. The Withholding Affidavits have been submitted to the City which meet the requirements of the Construction Contract. The project included the installation of utilities and paving along Ware Road from Ash Street to Birch Street. The original contract amount was $1,420.498.13 and the final contract amount is $1,467,091.12. The net contract increase is $46,592.99. Mayor Sullivan stated she received a call from a resident regarding the installation of shrubbery. Staff advised they would contact the resident and address any outstanding issues. 5 COUNCIL MINUTES DECEMBER 13, 1999 Council Member Neal stated the increase in the payment amount is too large and he cannot support it. Staff advised the increase was due to the additional costs relating to muck excavation. Council Member Dahl moved to adopt Resolution No. 99 — 123, as presented. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. Resolution No. 99 —123 can be found at the end of these minutes. Consider Resolution No. 99 —124, Final Payment for Lilac Street Utility Extension (3/5 Vote Required) — John Powell — Staff advised the Contractor for the Lilac Street Utility Extension project, S.R. Weidema, Inc., is requesting City approval of Payment No. 8 (final) in the amount of $10,278.06. The Withholding Affidavits and Consent of Surety have been submitted to the City which meet the requirements of the Construction Contract. The project included the installation of utilities along Lilac Street from 4th Avenue to Apollo Drive. The final contract amount is summarized as follows: Original Bid Amount $203, Change Order No. 1 $ 2 Change Order No. 2 Change Order No. 3 Final Contract Amount ,978,57 Council Member Lyden moved to adopt ' o — 124, as presented. Council Member Dahl seconded the motion. unanimously. Resolution No. 99 — 124 can he e'` d of these minutes. Consider Resolution 99 5, Approve Final Payment for Lilac Street Trunk Utility Improvements Phase Required) — John Powell — Staff advised the Contractor for the Lilac Street Trunk ie Phase 2, S.R. Weidema, Inc., is requesting City approval of Payment No. 2 (final) in a amount of $11,654.07. The Withholding Affidavits and Consent of Surety have been submitted to the City which meet the requirements of the Construction Contract. The project included the installation of utilities along Mustang Lane to serve Behm's Century Farm 5th Addition. The final contract amount is summarized as follows: Original Bid Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 $ 94,014.90 $ 6,025.22 $ 2, 934.60 $102,974.72 Council Member Lyden moved to approve Resolution No. 99 — 125, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Neal voting no. 6 • • • COUNCIL MINUTES DECEMBER 13, 1999 Resolution No. 99 —125 can be found at the end of these minutes. PUBLIC HEARING, FIRST READING, Ordinance No. 22 — 99, Right of Way Vacation 77th Street (4/5 Vote Required) — John Powell — As part of the Carole's Estates subdivision, a 30 foot wide right-of-way was dedicated along the south edge of the plat. This right-of-way is along the 77th Street alignment. There is also a row of mature trees within the right-of-way, which will be damaged by any construction within the northern 30 feet of the right-of-way. These trees also serve as a buffer between the single-family residences to the north and the commercial area to the south. Several residents along the north side of 77th Street have requested that the City vacate this 30 - foot wide strip of right-of-way. In a typical vacation, the vacated area would be split in half with each half going to the adjacent property owner. In order to completely transfer the vacated area to the property owners to the north, the City has to vacate the right-of-way then transfer the City's share to the property owners. Section 12.05 of the City Charter requires that real property of the except by Ordinance. The Ordinance will require two (2) readi period before it is in effect. Mayor Sullivan expressed concern regarding the p The plan for that area will be completed in Janu picture regarding the use of the roadway $1.00 per property is fairly standard w e disposed of and a waiting to the south of the easement. The plan will give the City a clear ayor Sullivan asked if the sale price of Staff advised the City acquire. or `.00 and up per square foot. Staff also noted that there are other costs involy h"._ e of the easement. Mayor Sullivan indica Rh . : w ld like to see the rest of the plan before vacating the easement. Council Member Lyden ated the Council has the responsibility to protect the integrity of the neighborhood. Council Member Bergeson stated he believes the cost of the easement is appropriate because it does not add cash value to the lots. Council Member Lyden noted there would only be four (4) Council Members for the second reading. He asked if 4/5 vote is required. The City Attorney advised the second reading must be approved by three (3) of the four (4) Council Members. Mayor Sullivan opened the public hearing at 7:14 p.m. Council Member Dahl moved to close the public hearing at 7:14 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously. COUNCIL MINUTES DECEMBER 13, 1999 Council Member Lyden moved to approve the FIRST READING of Ordinance No. 22 — 99, as presented. Council Member Neal seconded the motion. Council Member Bergeson voted yea. Council Member Dahl voted yea. Council Member Lyden voted yea. Council Member Neal voted yea. Mayor Sullivan voted no. Motion carried with Mayor Sullivan voting no. Mayor Sullivan called for a short recess at 7:15 p.m. Mayor Sullivan reconvened the meeting at 7:25 p.m. Mayor Sullivan advised that right-of-way vacations require all four (4) Council Members to vote in favor in order to be approved. UNFINISHED BUSINESS - None NEW BUSINESS Discuss JADT/ McDonald's Project — Mr. Baylor adv clarity purposes. He stated the plan has gotten off the Developer's Agreement. n this evening is for looking for a way to complete Mr. Baylor continued stating the curr * �': pTetion of the Developer's Agreement is negotiating with the City regardin v oar There has also been talk of a public process to build the road. He indicate . ce regarding the timing of the public process. He stated he is also in discussi• p to parties to complete the road. Mr. Baylor stated to b - you must never deviate from your core business. He stated development is a value : n ` s. The vehicle for that value is real estate. He indicated he trusts the appraisers to determi F - the value of the real estate. He continued stating he has great concern when someone tries to help with a project when that person is not concerned about value. He clarified that he is trying to get the road in either publicly or privately. Mr. Baylor asked Council and staff to address the following issues: 1. What is the procedure for plan review? 2. In reference to the April 26, 1999, Council minutes, what is meant by a preliminary plan? 3. In reference to the April 26, 1999, Council minutes, it is noted that private roads within the City are allowed. The Developer's Agreement indicated private roads are not allowed within the City. Which reference to private roads is correct? 8 COUNCIL MINUTES DECEMBER 13, 1999 4. Original language in the plan included "road will remain private until it is extended to 77th Street". All plans showed a cul-de-sac. Why did the cul-de-sac and the conversion of outlot B became a stumbling block? Mayor Sullivan advised the City Attorney will provide a written response to some of the questions. She asked staff to explain the approval process. Staff explained the preliminary plan process and preliminary plat. Staff more specifically explained Mr. Baylor's preliminary plan that was submitted and discussed in April, 1999. Mr. Baylor stated he did not receive a checklist of things not approved. He indicated that is why he proceeded with the plan. Mayor Sullivan advised staff to provide Mr. Baylor with a list of the City process. The City Attorney will proceed with a written response to Mr. Baylor. She asked Mr. Baylor to document all issues and questions. The City will conduct an internal investigatio ' dicated her concern is being able to move forward with the project. Mr. Baylor stated he understands this has been a complicate dicated he needs to bring the process to a conclusion, preferably with the c tion. Council Member Bergeson stated a response to Bay ,'s issues couldn't be made this evening. He stated he would support an a• �a :' meeting to deal with the issues. He stated that he believes a PDO has a sh t = � t process than standard zoning. A PDO allows for some changes to the no -s habeen suggested that the City go back to the concept of the City building t s an issue with that option. He asked for staffs report regarding a way to fa F th '.: 'ty process. Council directed the C i `'z = trator and the City Engineer to work together on the report. Staff advised McDonald has made a commitment to build in Lino Lakes next year. The City needs a way to get the road in. Staff is looking at the construction of a grocery store in the area, which would require a road. Staff has recommended Council consider a resolution regarding the City process of building a road. The schedule puts the project in construction mode by May, 2000. Staff would prefer to do it more quickly through a private process. Staff has also recommended the new Council reconsider financial assistance in that area. Staff is committed to continuing negotiations and the City Attorney has documented for Council the City process for building the road. Staff indicated Council will consider action on this item at the December 20, 1999, Council meeting. More discussion will be held at the next Council work session. The City Attorney advised the schedule that was presented regarding the City process was based on the worst case scenario involving eminent domain. There is no question the process will be completed by May, 2000, and could possibly be done sooner. Everyone wants the road in and the project to move forward. The issue is who will pay for the road. 9 COUNCIL MINUTES DECEMBER 13, 1999 Mayor Sullivan added the City would like to proceed without eminent domain. The City needs to be concerned about the delay of economic development in that area due to the road. Through the City process, benefiting properties would be assessed for the road. She stated the City must address Mr. Baylor's issues. She directed staff to work together coordinate answers for the record and in writing for Mr. Baylor. She asked Mr. Baylor to provide staff with a list of questions and concerns in writing. Mr. Baylor indicated he would provide staff with a list of concerns. He thanked the Council for their time and advised he would like to move forward with the project. Council Member Lyden stated the City is basing their arguments on the idea that the City does not allow private roads. However, private roads within the City do exist. He stated this Council did promise Mr. Baylor and McDonald's a private road. The Council should stick to their word. The Council should determine which of Mr. Baylor's options are the best for the City. Staff noted this issue would be second on the agenda at the Council w n Wednesday, December 15, 1999. Mayor Sullivan advised the McDonald's has been approved issue is the road and access to adjoining properties. �l move forward. The COMMUNITY CALENDAR DECEMBER 13 999 RO JGH DECEMBER 20,1999 EDAC, Tuesday, December 14,199 Council Work Session, Wed cem +'er 15, 1999, 5:30 p.m. Coffee with the Mayecember 17, 1999, 7:30 a.m. City Council Meetingn. ay, December 20, 1999, 6:30 p.m. CAG, Monday, December 20, 1999, 7:00 p.m. Public Safety Citizens Academy, Thursday, January 13, 2000, 7:00 p.m. ADJOURN There being no further business, Council Member Dahl moved to adjourn at 8:07 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, January 10, 2000. 10 • COUNCIL MINUTES 19: EMBER 13, 1999 Ry-Chel✓Gaustad, City Clerk Kimberly A. Sullivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc.