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HomeMy WebLinkAbout12/20/1999 Council MinutesCOUNCIL MINUTES DECEMBER 20, 1999 'CITY OF LINO LAKES MINUTES DATE : December 20, 1999 TIME STARTED : 6:34 P.M. TIME ENDED : 9:27 P.M. MEMBERS PRESENT : Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Administration Director, Dan Tesch; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; and City Clerk, Ry-Chel Gaustad SETTING THE AGENDA Item 3 A) iii) December 13, 1999 Council meeting minutes were remo the Consent Agenda and considered as Item 6F. Item 3B, Consider Approval of LELS Contract was remove o e nda. Item 4A, consider Year 2000 Contact with Otter e for Animal Service was removed from the agenda. IQ Item 6G, Discuss Insurance Claim rel erCity's Contractors was added to the agenda by Council Member Neal. Item 9A, EDAC Meeting, ;?`; mber 21, 1999, 7:00 a.m. was canceled and removed from the agenda. Item 9E, Special Counc e=° ng, Tuesday, January 4, 2000 was canceled and removed from the agenda. The agenda was approved as amended above. CONSENT AGENDA Council Member Neal moved to approve the Consent Agenda, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM MINUTES: • December 6, 1999, Truth in Taxation Meeting ACTION Approved COUNCIL MINUTES DECEMBER 20, 1999 December 8, 1999, Council Work Session Meeting December 13, 1999 Council Meeting DISBURSEMENTS: December 20, 1999 December Manual Disbursements (Check No. 57741 - 57859, $390,870.55) Centennial Fire District December 20, 1999 Resolution No. 99 - 129 Adopting the 2000 Recreation Fund Budget Resolution No. 99 - 130 Transferring $279,490 from Town Center Infrastructure Fund to the Civic Complex Construction Fund and Interim Construction Fund OPEN MIKE No one appeared under open mike. Mayor Sullivan noted that the Cit regarding the City's survey was an honor and asked st Approved Moved to Item 8A Approved Approved Approved es as noticed in an environmental newsletter eek Development Plan. She commented that this to that consultant. Mayor Sullivan annou Birch Street overlay project is scheduled for the year 2000 and will remain a two -1 "rowith striping for turn lanes. However, the signal light at Highway 49 and Birch -et may not be implemented until 2001. Mayor Sullivan commented that tonight is her last Council meeting. She offered best wishes to the new Council and her thanks for the support from staff. She stated it has been an honor and privilege for her to serve the citizens of Lino Lakes. Mayor Sullivan noted this is also the last night that City Clerk Marilyn Anderson will be part of City staff. She noted that Ms. Anderson has served the City for 23 years and is now retiring. Mayor Sullivan stated that Ms. Anderson has been a dutiful public servant and thanked her for her years of service to the City of Lino Lakes. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 2 COUNCIL MINUTES DECEMBER 20,1999 • Consider Board Appointments — Dan Tesch - Staff advised that each year, the Council is required to consider filing the vacancies that occur on its four advisory boards. Council Member Neal moved to approve the appointment of Pam Tauschuk and Jeff Reinert to the Park and Recreation Board. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Bergeson moved to approve the appointment of Jamie Schaps (appointed to fill the remaining 2 years of Donna Carlson's term), Joseph Zych, and Bob Rafferty to the Planning & Zoning Board. Council Member Lyden seconded the motion. Motion carried with Mayor Sullivan voting against. Council Member Bergeson moved to approve the appointment of Rod Kukonen and Teresa O'Connel to the Environmental Board. Council Member Lyden seconded the motion. Motion carried unanimously. Council Member Bergeson moved to approve the appointment of Rog Schwartz, and Mia Haselman to the Economic Development Advi Member Lyden seconded the motion. Motion carried unanimo Council Member Neal moved to approve the appointme to the Friends of the Lino Lakes Park Foundation. Motion carried unanimously. Julie Jeffrey- ee. Council e Farm and Bill Frogner ber Dahl seconded the motion. Consider Approval of LELS Contr ch = Upon adoption of the agenda, this item was deleted. Consider Resolution 99 - Parish — March 19, approve the applicatio on Sunday, March 19, ve Exempt Permit for Lawful Gambling — St. Joseph hel Gaustad. Staff indicated the proposed resolution would bingo at the St. Joseph Parish annual Easter Hain Bingo event tween 1:00 p.m. and 4:00 p.m. Staff recommended approval of Resolution No. 99 - 131. Council Member Neal moved to adopt Resolution No. 99 - 131, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 131 can be found at the end of these minutes. Consider Resolution 99 -132 to Approve Exempt Permit for Lawful Gambling — St. Joseph Parish — August 12 and 13, 2000 - Ry-Chel Gaustad. Staff indicated the proposed resolution would approve the application to conduct bingo at the St. Joseph Parish August Festival on Saturday, August 12, 2000 between 5:00 p.m. and 11:00 p.m. and on Sunday, August 13, 2000 between 11:00 a.m. and 5:00 p.m. COUNCIL MINUTES DECEMBER 20, 1999 Staff recommended approval of Resolution No. 99 — 132. Council Member Dahl moved to adopt Resolution No. 99 - 132, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 99 - 132 can be found at the end of these minutes. Consider Resolution 99 -133 to Approve Exempt Permit for Lawful Gambling — St. Joseph Parish — November 19, 2000- Ry-Chel Gaustad. Staff indicated the proposed resolution would approve the application to conduct bingo and raffles at the St. Joseph Parish Turkey Bingo event on Sunday, November 19, 2000 between 1:00 p.m. and 4:00 p.m. and Sunday between 11:00 a.m. and 5:00 p.m. Staff recommended approval of Resolution No. 99 — 133. Council Member Lyden moved to adopt Resolution No. 99 - 133, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 133 can be found at the end of these minut Consider Resolution 99 -134 to Approve Exempt Pe Parish — November 28, 2000- Ry-Chel Gaustad approve the application to conduct raffles at the S November 28, 2000 between 7:00 p.m. Staff recommended approval of R 9 • 134. Gambling — St. Joseph d the proposed resolution would Parish "Deer Feed" on Tuesday, Council Member Bergeson o pt Resolution No. 99 — 134, as presented. Council Member Neal second n. Motion carried unanimously. Resolution No. 99 - 13found at the end of these minutes. Consider Application for Retailer's (On -Sale) (Off Sale) 3.2 Beer Permit for — St. Joseph Parish — March 31, 2000 - Ry-Chel Gaustad. Staff indicated the proposed resolution would approve an application for a retailer's license 3.2 Beer Permit to be used at the St. Joseph Parish annual Easter Bingo event on Friday, March 31, 2000 between 6:00 p.m. and 10:00 p.m. It was noted that the City is not in receipt of the applicant's certificate of insurance, however, staff feels confident recommending the Council consider approval contingent upon City receipt of the certificate of insurance at that time. Staff recommended approval of the application, as submitted, contingent upon receipt of the certificate of insurance. 4 • COUNCIL MINUTES DECEMBER 20, 1999 Council Member Neal moved to approve the application for Retailer's 3.2 Beer Permit for St. Joseph Parish - March 31, 2000, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Consider Approval of Special Election Schedule of Events for Year 2000 (3/5 Vote Required) - Ry-Chel Gaustad - Staff indicated the proposed schedule is for events for the Year 2000 special election which would conclude March 14, 2000 which is in compliance with State laws and the City Charter. Staff recommended approval. Council Member Neal moved to approve the special election schedule of events for Year 2000, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Consider Year 2000 Contract with Otter Lake Animal Care for Animal Service -Dave Pecchia — Upon adoption of the agenda, this item was deleted. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEG. nom R �� ;a one COMMUNITY DEVELOPMENT DEPARTMENT RE y. ' E WESSEL Consider Conditional Use Permit and Site Pia , stic Pines Community Church (3/5 Vote Required) - Jeff Smyser. Staff presennditional use permit (CUP) and site plan review for Majestic Pines Communi the location of the subject property, which is 15.54 acres and zoned R -X. a ocation of the proposed building and advised of the shoreland overlay d� , • he application was reviewed by the Planning & Zoning Board on August 11 .. . '" . d du to issues of the ordinary high water level. On October 10, the Planning & B..= voted 6-1 to recommend approval subject to conditions Since that th >I an was revised to address concerns of the Planning & Zoning Board which resolved but the remaining issues are being recommended as conditions for approval. Consider . o this request was extended 60 days plus an additional extension, and then the applicant a `- ed to extend consideration one additional week. Tonight the City must act or receive an agreement from the applicant for an additional extension. Mr. Smyser presented a colored site plan, noting the footprint of the two-story building, floor area, and front elevation. He noted the area of grading needed for the site and construction of parking which is planned in Phase 1, with Phase 2 requiring an amendment to the Phase 1 CUP, if granted, and an additional site plan approval. He explained the applicant desires to grade the entire site at this time to avoid a second disturbance. Since this is a CUP, the standard list of conditions as identified in the ordinance are considered as well as the church use. He noted these conditions are identified in the staff report. Mr. Smyser advised that if the findings are met, the Council could consider approval. No utilities are available so two mound septic systems are being proposed. He noted there is adequate area as indicated by a certified septic designer plus the State and County standards must be met. The applicant will install a sprinkler system and underground tank to hold water for fire suppression, which would be reviewed as part of the COUNCIL MINUTES DECEMBER 20,1999 building permit process. Anoka County reviewed the project and found no traffic concerns since church traffic does not typically impact peak hour traffic levels. However, the County did require two (2) driveways, one (1) identified for in -only traffic and the other identified for out - only traffic. Mr. Smyser noted the area of chain link fence, which will be erected to address the trespass concerns of the abutting property owner to the east. He noted the alignment of a pathway that will be dedicated and covered with wood chips, and advised of the goal for a greenway around Lake Amelia. Mr. Smyser noted the response from the Vadnais Lakes Area Water Management Organization (VLAWMO) granting approval with conditions. He summarized that staff recommends approval of the CUP and site plan with conditions listed in the staff report. He revised condition 13 to indicate: "A trail easement shall be dedicated to the City and the final trail location shall be determined in consultation with VLAWMO." Mr. Smyser stated the Environmental Board recommendations were of the plan but the site plan has been revised significantly with the the ordinary high water level. e first rendering ved back from Gary Nordness, representing the applicant, extended th cia to staff, the Council, and members of the audience. He stated staff has don e b of identifying what they do and do not want. He noted the required setback . side d from the ordinary high water mark. Mr. Nordness reviewed their plans for the � �� %hich indicates that it could handle two (2) 100 -year back-to-back storms. He ey agree to all conditions being recommended by the City, VLAWMO, and the • e < Bard. He noted this is a difficult site to develop and it has been a challenge to is de elopment. Steve Valentine, Seni history of this fast-gro this area because of its ajestic Pines Community Church, provided a background , which needs a church home. He stated they have selected d that they recognized community trends that support their mission to serve the spir al needs of the area. He reviewed the population of this area and number of churches available. He stated they want to be good neighbors of the community and servants of Lino Lakes. Pastor Valentine stated they have taken a lot of time in selecting a site and believe this would be a great place for them to call "home" and serve people. He reviewed programs they would like to provide including a voting precinct for the City, childcare (if the community believes that is a need). Also, Toys for Tots drop off point, a food shelf, and activities/ministries for the youth and teens of the community, divorce care support group, and family counseling support services. Pastor Valentine assured the Council that they plan to bring more to the community than they would take. He restated that approximately 20% of the church membership are Lino Lakes residents. In short, the church is willing to assist the City and community in any way possible. Pastor Valentine stated they are part of a denomination founded by a Presbyterian minister, and have hospitals, colleges, graduate schools, and there are 23 churches of the same caliber in the 6 • COUNCIL MINUTES DECEMBER 20,1999 Twin City area. He stated that they are accountable and orthodox, holding traditional values packaged in a fresh contemporary way. He stated they would find it a privilege to locate in Lino Lakes and serve the community. Mark Finneman, architect representing the applicant, stated the building would be universal in its usage with sensitivity about how much statement a building should make. He stated the questions of colors and material can be addressed, noting the adaptability being proposed in the structure and wide range of materials. He noted the proposed architecture presents a clean, friendly, adaptable building. Mayor Sullivan opened the floor for discussion. Dennis Moravek, 1635 Holly Drive NE, stated his concerns with the project starting with the size of the structure, which he believed, would dwarf the surrounding buildings. He noted the standards identified by the City in the use not being detrimental. Mr. Moravek stated he believes the number of vehicles will be a large impact and asked if the use will include offices in the future. He noted the standard that the use must be harmonious and sta + e does not believe it would be harmonious. He stated the area homes also do not sho s to the proposed structure. Mr. Moravek noted the requirement for adequate se ��� ilities including street and police. He also noted that Anoka County indicate d ',_; •e a problem due to only being Sunday traffic, however, Anoka County not t i W` ements to this section are currently planned or funded and recommended th 'ty ider the traffic movements. He stated that he believes the City will have to cover at co Mr. Moravek noted the applicant's intention to combine the parcels, which to t 1 come off the tax rolls and residents will be expected to pay for those impr • e Mr. Moravek asked if this ap v met e Environmental Board concerns since the watershed mark is different t,' mark. He noted the requirement that vehicular approaches not cause due to the dangerous c adding 400 cars per da project not impact natur est and stated his opinion that this project will cause congestion e south. He stated this roadway is dangerous already and a major impact. Mr. Moravek noted the requirement that the ses and stated his belief that the project will impact Lake Amelia. He noted that at neighborhood meeting, the church said they would erect a stop sign but he believed that would only make it worse. Mr. Moravek pointed out that this proposed project is not harmonious with the community and as a concerned resident he speaks for quite a few. He asked that the request be denied so Lino Lakes residents don't have to live with it and pay for it. Mayor Sullivan noted that in the future, it is anticipated there will be an athletic complex north of this site. She stated that she is trying to relate the impact of the church and the athletic complex as far as traffic is concerned. COUNCIL MINUTES DECEMBER 20, 1999 Mr. Moravek stated that adding the additional parking in upcoming phases will increase traffic and demands on public services including police and roads, including turning lanes. He stated that it is obvious to him that this use will greatly impact traffic. Mayor Sullivan inquired regarding assessments for sewer and water services and whether services related to the road would be charged to the church regardless of their non -tax status. Mr. Smyser stated that is correct, the church would be assessed just like any other landowner. Art Hawkins, 6112 Centerville Road, stated that in order to approve the CUP, the site plan must meet requirements of City ordinances and the project must be appropriate for the site on which it is placed. He stated that several neighbors would testify that the site plan does not meet either of those two requirements. He stated that Northwest Consultant, in their report to the Council, state that the site meets all requirements of the ordinance and shoreland area. Mr. Hawkins stated that he would argue that the consultant is incorrect in that judgment. He asserted there is a failure in meeting ordinance requirements, such as Paragraph 7 which lists nine (9) standards all of which must be met. He noted that in the consultant's judgment all nine (9) conditions are met but in the resident's opinion all nine (9) fail. Mr. Hawkins stated that he wants t evidence of what he sees as a violation of the shoreland management ordinance. Mr. Hawkins presented a listing of requirements of the shore i d"and stated his interpretation that the City has an obligation to enforce 1 anagement ordinance. He noted that the State has established minimum stan • _ t ity can set more restrictive rules and if the two rules differ, the more restrictive .r this case, the City's rules prevail but the developer has used the State standards g dinary high water level. Mr. Hawkins asserted that using the State's ordin '' �'_ ar is a violation of the City's ordinance regarding setbacks. He asked if t - i c nsidered the issue of "land suitability" and quoted that requirement from ce r. Hawkins reviewed information from the Anoka County Soils Report addres types and indicating the hazard of wetlands limit this soil for both urban an• and is "poorly suited for urban uses." He maintained this indication should have ,. d flag" at the beginning of the site plan process. Mr. Hawkins asked if th .roject is right for the site. He stated that he believes the ordinance clearly addresses this issue since the ordinance says the use must conform to the land use plan of the City and be compatible with the existing neighborhood. He stated the draft land use plan says, in looking to the future, that only land uses, which protect the rural character, will be permitted in rural areas of the City. He asked if the Council believes a massive concrete structure placed on the shores of a pristine lake in a rural area and neighborhood is appropriate. Mr. Smyser stated the ordinary high water mark is determined by the DNR and is an established level above sea level. He clarified that the City has no separate ordinary high water mark from what the DNR has established. Mr. Hawkins quoted from the shoreland management ordinance pertaining to this question. He read the area identifying "class" indicating it must be in full compliance with the terms of the 8 COUNCIL MINUTES DECEMBER 20, 1999 • ordinance and held to the minimum requirements liberally construed by the governing body and that more restrictive or higher standards shall prevail. Mr. Hawkins read the ordinance definition of the ordinary high water level. He stated the DNR has recently corrected their ordinary high water level and he believes the SEH study shows a wetland delineation line, which is ordinarily, the line defined under this definition. He stated that he knows of no requirement to use the ordinary high water mark as set by the State which is for the lake itself, not necessarily including the wetlands that impact the lake. Amy Donlin, 6100 Centerville Road, stated she lives next to Mr. Hawkins. She read a prepared statement advising of her impression of past Lino Lakes planning and resident's demands to change the way of doing business and to pay more attention to what residents desired rather than what developers demanded. She commented on the vision statement, which was created to assure excellent architectural design, keeping in mind environmental protection and rural "flavor." She stated it would be a tragedy to ignore those goals in the wake of this project. She asserted that approving this project would "stomp" on that vision and would be wrong. Ms. Donlin noted this is the first view seen when entering Lino Lakes fro ction. She stated this is a breathtaking vista of Lake Amelia, noting that it is protect • h shore by the Minnesota Land Trust and worthy of protection. Ms. Donlin st b d that the project was incompatible with this natural environmental lake, woul e n akeshore, and leaves the lake open to more of the same. Ms. Donlin noted the church would add a lot of cially along Centerville Road. She commented on the impact to residents wh e to safely leave their property and access Centerville Road. She stated s vor paying for the infrastructure or considering a tax-exempt status fo t ike the church. She commented on the impact the septic system could have due ize. s. Donlin stated the reason to not approve is that the project does not meet t _ •) y zoning ordinance standards as identified. Donna Carlson, 6808 Lake Drive, corrected a statement made indicating there are five churches in Lino L r s ' ing 1,300 people. She advised that St. Joseph's parish have over 2,000 families and askeat this be noted in the record. Council Member Dahl requested clarification on the height of the fence being proposed. Mr. Nordness advised that a six-foot chain link fence is being proposed. Council Member Bergeson asked if the septic system would be constructed to serve the initial phase or the first and second phases. Mr. Nordness explained that would be determined at the time of the building permit application. He stated they have sized the area for the total development to assure there is adequate area. Mayor Sullivan asked if there is enough location on the site for septic replacement. She noted other locations where development was allowed that did not have a replacement site so the City had to run utility lines. Mr. Nordness stated that area was identified because it was the farthest COUNCIL MINUTES DECEMBER 20, 1999 away from Lake Amelia and the highest point on the site. If a failure were to occur, they would replace the system. Mr. Smyser explained that as part of the review of the septic system and permit, an area for a replacement system would be required as part of the County and City requirements. He noted this application is for Phase 1 and if that were to fail, there is enough additional space to locate a replacement system. If there were not adequate space for a Phase 2 replacement system, then Phase 2 would not be approved. Mr. Nordness explained that while the septic system has not been designed, it has been sized. Council Member Neal stated he had twenty-five (25) telephone calls from Lino Lakes residents opposed to the project but he did not receive one (1) call in support. He asked how many Lino Lakes residents belong to the church. Mike Wagner noted the information delivered to the City Clerk which lists ten (10) families from Lino Lakes, which are associated with the church, as well as four (4) letters from church members recommending passage of the request. Council Member Neal stated that he finds it strange that none of t e come to talk about the project. Mr. Wagner noted there is a resident present iso �3` s ort. Council Member Neal noted the proposed child care fa that he believed this was the wrong area for this t he would vote against. John Carpenter stated that he is a me his wife, daughter, and baby -to -be believe it is ultimately in God' stated that he believes it wi especially after the re this site if this use is n consider approval of th ease traffic. He stated it were to be voted on tonight, and is speaking on his behalf as well as atihey are very excited about this church and ouncil's hands if it is to happen. Mr. Carpenter t to the community and provide a place for teens to go, ea is developed. He noted that something would be built on so traffic will get worse anyway. He urged the Council to Council Member Bergeson stated that a church is a conditional use in any zone of the City so that means there is no preferred zone for churches; they can go in any zone but require a CUP. Council Member Bergeson stated that since there is not a preferred location, if the church selects a location, the burden of proof that it is not an appropriate location rests with the City and not with the applicant church. Council Member Bergeson stated that it is his view that if it were not approved, the City would have to present a case for it being inappropriate in that location or zoning. He stated that he does not know if the City has that information to build such a case. Council Member Bergeson stated one thing that does not fit well is the design of the building. However, the City does not have a building standard related to design that could be applied and the proposal meets all of the general criteria and setback standards. He stated his disappointment that its general appearance does not fit the surrounding area but indicated that he does not believe that could be cited as the basis for denial since the City does not have design criteria or standards. 10 COUNCIL MINUTES DECEMBER 20, 1999 Mayor Sullivan noted that the preservation development requires each new plat to do an environmental survey, which she had not yet seen with this application. Mr. Smyser stated staff got existing conditions and tree coverage information very early in the review process which was looked at by the Environmental Board as well as the drainage issues and environmental preservation. Mayor Sullivan addressed the concerns raised about traffic, noting Centerville Road is not anticipated to be upgraded through the Comprehensive Plan. She asked if the church or the athletic complex would create the traffic impacts. She stated her impression that the athletic complex would be a greater impact. Mayor Sullivan inquired regarding the Anoka County requirement for turn lanes. Mr. Smyser corrected that there will be turn lanes and a by-pass lane. Mayor Sullivan stated that it appears that there is a request for almost 100 extra parking stalls than required for this building. She stated that this is a higher quality lake than most in Lino Lakes and she believed the City had a responsibility to assure it is preserved. Mayor Sullivan stated her concern about parking to the south of the site along the lake d why 100 additional spaces are being proposed. Mr. Smyser explained that while the church services do not r m ers arrive before the current service has adjourned or participants left the sit Mayor Sullivan inquired regarding green parking show that green parking is functional. He green parking cannot be used during s t that while other projects have ask ser stated he has seen nothing to earch on this issue and problem that conditions due to plowing issues. He noted o viable method has been identified. Mr. Finneman stated the C ence could be incorporated into the final design. He stated there is a great of .tability and he believed that issue can be worked out and resolved. He stated th s fled, at this stage in the design, engineering issues. Council Member Berges stated he knows of some older buildings with gravel/crushed rock parking areas and it has been the City's position to get them paved. He asked if this would be an alternative for overflow parking areas where runoff is a concern. Mr. Smyser stated that gravel and rock parking lots have been studied and it was found they are essentially impervious surfaces due to compaction. It has also been found to be more detrimental to water quality than paved surfaces since silt and dirt are pulled into the water runoff and deposited into the lake. Mr. Nordness stated the Phase I pond can contain two (2) back-to-back 100 -year events and the parking lot drainage goes to the pond. Mr. Don Shafer, engineer representing the applicant, stated this is correct and two (2) back-to- back 100 -year storm events will not exceed the capacity of the pond. 11 COUNCIL MINUTES DECEMBER 20, 1999 Mayor Sullivan stated that hydric soils and the ordinary high water mark are still a contention. She stated that she agreed with Mr. Hawkins that the City has a stricter ordinary high water mark by definition than the State due to the shoreland management ordinance. She stated that in the city's interest, it should be interpreted more tightly. Mayor Sullivan stated this appears to be an over -use of the site since all of the septic is being planned for Phase II as well and the ponding indicates their plan for additional growth. She stated this is a beautiful site but her question is whether this is the best site for the church considering the hydric soils. Mr. Nordness stated the growth projected is to be able to handle at least 600 parishioners under the proposed structure. He stated that he does not know if Phase 2 will ever happen but they have tried to address all the potential issues. Council Member Bergeson asked when this item could return for consideration if it is denied at this time. Mr. Smyser stated that the deadline is tonight so it needs to be acted on or an extension granted by the applicant. If denied, there would be a waiting period before rea . He stated that if the applicant was asked whether they wanted it voted down or t o + tension to resolve concerns, he believes they would request the extension. Council Member Bergeson stated that under the circum appropriate to poll the Council to determine how t indicated it would not pass, then the Council coul concern so they could decide whether the an extension to modify the plan. Council Member Neal asked location of the NURP pond explained there is eno can be controlled and ers if it would be , as presented. If the poll to the applicant the items of most n on the plan as presented or to grant ater from the parking lot drains. Mr. Shafer noted the ter from the parking lot would be directed. He n the pond basin to filter out the sand and salt so the discharge ing into the lake is at least at that standard. Mr. Moravek noted that e zoning standards indicate that if the item is not approved within the deadline time period, then it results in an approval. He urged the Council to take a vote tonight. Attorney Hawkins stated that if the applicant agrees to an extension beyond sixty (60) days then that provision does not become applicable. Council Member Lyden stated that he does not favor a straw poll since it may not be in the best interest of the City. Council Member Bergeson suggested two motions, one to determine whether a straw poll is desired and, based on that, it can be conducted or the item moved on. Mayor Sullivan asked if the applicant could ask for additional time if the Council denies the application. Mr. Hawkins explained the ordinance prevents applicants from surreptitiously 12 • • COUNCIL MINUTES DECEMBER 20, 1999 making reapplication so it would be a substantial period of time before application can again be made. Council Member Bergeson moved to poll the Council. Council Member Neal seconded the motion. Motion carried with Council Members Dahl and Lyden voting against. Mayor Sullivan conducted a poll with the following results: Neal: No Dahl: Undecided Lyden: Undecided Bergeson: Yes Sullivan: Opposed and supports a withdrawal to make additional amendments Council Member Dahl asked Council Member Bergeson what he mean lan being amended. Council Member Bergeson stated the poll was to indicate to is how the vote would end up. He noted that having this information would al h pp t the opportunity to withdraw the application and present it in the futu • u ime prohibition. He stated an additional point is that they would have to re . ues al of the item and extension of the deadline for some period of time. Council Member Dahl asked wha or pleasing. t co ld do to make the proposal more acceptable Council Member Ber , st that he is not sure but some issues of concern raised are the building design, storm ' : M ff, and traffic impacts. Council Member Lyden ted that giving the advantage to the applicant may not be in the best interest of the City. He stated that he does not question the applicant's motives or intentions and believes they are good people but philosophically he is against placing a church in this zoning. He noted an exception with the structure, which appears to be a church in work only. He stated this church has none of the cathedral aesthetics one associates with a church and it looks more like a CUB Foods store than a church. Council Member Lyden stated that it is a light industrial type of building and this type of structure, regardless of its use, is not permitted in this zoning. Council Member Lyden stated that he echoes all concerns expressed by residents. He stated he wants to be honest and not misleading to the applicant since he does not believe it is possible to put a church building of this scope in this area and have it meet the criteria in spirit or in letter. He noted the nine -(9) criteria cited in the zoning ordinance and commented that sometimes the right answer is not to ask them to come back but to indicate "no." Council Member Lyden stated if there are other sites that may be more appropriate, he wants to be "square" with the applicant. 13 COUNCIL MINUTES DECEMBER 20, 1999 Mayor Sullivan asked Mr. Nordness if they wish to withdraw the application and request additional time. Mr. Nordness stated that he would withdraw the application and postpone consideration for a period of ninety (90) days to see if the concerns can be addressed. Mr. Smyser asked if this indication should be in writing. Mr. Nordness stated that is not an issue. Consider Highland Meadows East Final Plat (3/5 Vote Required) - Jeff Smyser - Staff advised the application is for a final plat approval of Highland Meadows East consisting of six (6) residential lots and two (2) outlots. It was noted the final plat conforms with the approved preliminary plat but the plat actually creates only four (4) new house sites, as two (2) lots already have houses. The City Attorney has approved the title work and the City liner has reviewed the grading and drainage plan and recommended approval. Council Member Lyden moved to approve Highland Meadows t a , as presented. Council Member Neal seconded the motion. Motion carried Consideration of Resolution No. 99 -139, Liva Participation — (3/5 Vote Required) - Jeff Sm Lino Lakes participates in the Livable Co for master planning of the Town Cent indicate its intention for continue resolution to continue partici es Program Continued ay Wyland - Staff advised that and did receive a grant of $220,000 ment guidelines. The Council needs to taff recommended approval of the drafted Upon inquiry by Cou � e ` �� r Bergeson, Mr. Smyser reviewed percentages of homes within Lino Lakes that are co sr•rdable, qualify as life cycle, and densities per acre as contained in the propos es.ution. Mayor Sullivan noted the Springsted report was based on the incorrect timeframe and when compared with the goals to what the City actually has for housing stock, it was found the City needs to add 200 life cycle homes to the current housing stock prior to 2010 which is what is expected in the Town Center area. She stated that it was found these goals actually fit with the City's Comprehensive Plan and the Springsted report was in error. Mr. Smyser stated he conducted an analysis and found the numbers are entirely reasonable.from 1995 to 2010. Mayor Sullivan noted the issue tonight is to consider whether the City should continue participation in the Livable Communities Act so the grant can be used. 14 COUNCIL MINUTES DECEMBER 20, 1999 Council Member Lyden stated he has a long history of having a philosophical difference with the Metropolitan Council since their policies are based on smart growth which is based on density and will raise density and rental in Lino Lakes. Council Member Lyden stated that he does not believe this is why people move to Lino Lakes. Mayor Sullivan noted that the areas identified for multi -family housing are located specifically in three areas and the amount of affordable housing is not identified in the Comprehensive Plan. She clarified that affordable housing is not the same as subsidized housing. Council Member Bergeson noted these are only goals, not mandates, and have not changed from a year ago. He stated that he thinks the grant the City received has allowed the City to do good things in the Town Center area and he supported being able to finish using the grant which necessitates supporting these goals. Council Member Bergeson moved to adopt Resolution No. 99 — 139, as presented. Council Member Neal seconded the motion. Motion carried with Council Members Lyden and Dahl voting no. Resolution No. 99 - 139 can be found at the end of these minut Consideration of Resolution No. 99 -136, MnDOT 3/ a Required) - Marty Asleson - Staff advised that MnDOT has a grant . -' c the Road Side Partnership Program which pays for one hundred percent of cost plant materials along state highway right-of-ways. In 1998, the Lino Lakes E . ° ' : d moved to support a planting along Interstate 35W and between the Apoll a eig borhood Housing, with the financial help of MnDOT and volunteers from t ados Neighborhood. The planting was funded under the 1999 Forestry bud: •lete. on April 22, 1999. The proposed resolution is needed to recover the mom.:, fo anting materials used for this project. Staff recommended ad';;::. �,•` solution No. 99 — 136 as drafted. Council Member Dahl ed to adopt Resolution No. 99 - 136, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 99 - 136 can be found at the end of these minutes. Consideration of Resolution No. 99 -138, Initiate Feasibility Study and Authorize Eminent Domain, Apollo Drive Improvements Phase 4 - (4/5 Vote Required) — Brian Wessel — Mr. Wessel advised that the City is currently master planning the Town Center located on the northeast quadrant of 35W and Trunk Highway 49 interchange. In order to ensure adequate roadway access and utility service to this entire quadrant, the City needs to initiate a public improvement. Staff noted the requirements of Minnesota Statutes to order the preparation of a feasibility report studying the proposed improvements, which would include roadways, storm sewer, sanitary sewer, and water service. 15 COUNCIL MINUTES DECEMBER 20, 1999 Staff recommended approval of the resolution as drafted to order a report. Attorney Hawkins explained that a feasibility report is required for public projects. Mayor Sullivan noted that the next agenda item addresses whether eminent domain should be authorized for the construction and suggested that issue be addressed prior to ordering a feasibility study. She noted that if the Council does not authorize eminent domain, a feasibility report is not needed. Attorney Hawkins explained that both agenda items must pass or neither would move forward. Mayor Sullivan asked that Item 6F be considered at this time. The Council agreed. Consideration of Resolution No. 99 -140, Authorize Eminent Domain for Purposes to construct an extension of Apollo Drive from Lake Drive to 77th Avenue within the Northeast Quadrant of the Lino Lakes Town Center Project — (3/5 Vote Required) - William Hawkins - Staff advised that the resolution would authorize eminent domain proceedings to construct an extension of Apollo Drive from Lake Driv Avenue. Attorney Hawkins stated that staff believes in order for this are to be extended. He advised that an agreement has not yet be improvement but if the Council supports opening the ar to negotiate the matter, it should consider a public the possibility to negotiate a private project. llo Drive needs e funding of that ent, based on the inability ver, this would not eliminate Council Member Bergeson stated that R s aCounty project on County Road J for trunk sewer improvement involve ' n main. He noted that eminent domain can end up in a number of ways: negotiat *r emi ent domain, a friendly eminent domain, or a contentious eminent domai at this does not have to be a contentious process and often times a negotiat oc .s successful with an amicable settlement. Council Member Lyde .''es he staff report recommends their application be considered and asked if all who approve the PDO needs to change their vote. Attorney Hawkins stated if the vote was unanimous, any member can bring it back for consideration. Council Member Lyden asked if that means any of the members can go back on their word. Attorney Hawkins noted the motion contained a time schedule which did not take place so the Council could move to reconsider based on what the Council believes is appropriate. Council Member Lyden asked if the Council is being asked to approve a road from Highway 49 to 77th Street and asked if there is a good idea of the alignment and who would be impacted. Attorney Hawkins explained that staff will need to speak with property owners prior to determining the alignment to assure the best alignment for the properties. Council Member Neal left the meeting at 8:33 p.m. 16 • COUNCIL MINUTES DECEMBER 20, 1999 Council Member Lyden stated a road is being considered to function and serve buildings or sites the Council has not yet seen. He stated he has not seen a site plan and noted it would be difficult to ascertain approval of a road until the uses, etc. are known. Mr. Wessel stated they have received preliminary input from landowners and anticipate finalizing the master plan by the end of January. He stated the plan has been publicly visible for some time but he is concerned with how to provide access to the shopping center. Mr. Wessel reviewed the alignment considerations and stated staff will review the options. Attorney Hawkins stated that if the City wishes the road to be relocated, the City can require them to dedicate that area and this one can be vacated. Council Member Lyden stated that he sees this as two different issues. He noted that Mr. Baylor presented an exciting plan for a McDonald's and he was promised a private driveway so he believes that should be considered with the issue of eminent domain remaining as a second issue. Council Member Neal returned at 8:37 p.m. Attorney Hawkins advised the City cannot use general fund n o I'or public improvements so a 429 project with assessment back to a ners would have to be considered. Council Member Lyden stated that it appe in the first place. He commented that larger mistake to not recognize th as a mistake to grant the private road est effort is a mistake but it may be a Mayor Sullivan stated that °, there were no issues with the roadway when it was considered and that h.u� �. t th ity in an interesting situation. She stated the problem is that the private road was agree .nditions that were not documented at the time. However, the City does not buy roads e oted that Mr. Baylor had the impression the City could provide some type of assistance F tax abatement from the City toward the road construction. She stated that while this can be considered for industrial projects, it cannot be considered for Mr. Baylor's commercial project. Mayor Sullivan stated that eminent domain allows ninety (90) days to continue with negotiations. She stated her understanding that negotiations are completely stalled since subsidy has been requested which the City does not have the capacity to provide. In addition to providing ninety (90) days, it also allows the new Council to determine if they feel assistance is appropriate. Mayor Sullivan stated that eminent domain would assess the value added back to the property that this road would serve and there is always the possibility that settlement could occur prior to eminent domain. Tim Baylor, JADT, stated that he submitted a letter in May of 1998 requesting the City complete the deal they agreed to; to allow the road to be built and the project to commence. He stated the minutes are clear and concise in that regard. He stated that he is present tonight to answer questions about the project but wants to reiterate that something was approved in April, a process COUNCIL MINUTES DECEMBER 20, 1999 may not have taken place, but he and several others believed these things would happen. He stated that the stalemate with negotiations is not with him or Mr. Rehbein but with staff relating to what was approved in April of 1998. Mr. Baylor stated that he and Mr. Rehbein have started to discuss the development and are making progress. He stated he cannot imagine how this Developer's Agreement will include a 429 eminent domain project and be more simple than the document he requested in accordance with the agreement reached in April of 1998. Mayor Sullivan stated her understanding that in April the Council approved private development of a road to McDonald's and it was the intent of the Staff recommendation that the road be turned back to the City after development because that is what typically happens. Mayor Sullivan stated that Mr. Baylor has asked for fair market value when the City takes the road over and her concern is that the City has no way to purchase the property from Mr. Baylor. Mr. Baylor stated he has already delayed the project for three to four months and it may be next fall before the project proceeds but he wants to assure that on March 1st, with the conditions adhered to, he can start construction. He stated that he did not submit owners for approval but, rather, submitted it to the City of Lino L and met the criteria required. Council Member Dahl asked Mr. Baylor if he just state Baylor clarified that his negotiations with private negotiations are stalled with City staff. Council Member Dahl asked if progreh session. Mr. Baylor stated that pr to the property the procedures, ions are not stalled. Mr. . Rehbein are not stalled but ade since the discussion at the last work en ade. Council Member Lyden ascouldn't approve their work by approving the Developer's Agreeme ith ' ause of eminent domain or the other issue of the road. Mr. Baylor stated that he h g to do that for several months and it is his opinion that it cannot be done. Mr. Baylor stated the eminent domain process will solve several things and ultimately insure the road is constructed through the property but the timetable may be extended and that is not what was agreed to earlier. He stated his preference to continue negotiations with Mr. Rehbein to see if they can work through this. Mr. Baylor stated he sees eminent domain as an unnecessary step. Council Member Neal asked if Mr. Baylor believes he and Mr. Rehbein can do the project and leave the City out of it. Mr. Baylor stated that they have made progress and, other than price, he does not see why they can't come to some arrangement. Mayor Sullivan asked if the two (2) requirements during negotiations were: 1) that any agreement on how a private road is built cannot limit access to the rest of property; and, 2) the City doesn't have funds to pay for fair market value of the land. 18 COUNCIL MINUTES DECEMBER 20, 1999 • Mr. Wessel stated the first statement is a policy issue but the second statement is a fact that Attorney Hawkins has already alluded to. Mr. Baylor stated that he asked the City for fair market value but said in conjunction with the conveyance of the road that he pays for that there be some appropriate payment in accordance with fair market value. He stated this is also what is being discussed with Mr. Rehbein. Mayor Sullivan stated the Developer's Agreement requires the City to pay fair market value if the road is dedicated. Attorney Hawkins stated that is accurate. Mr. Baylor stated that was not his intention but he is asking for fair market value apportioned to that portion of the road. Council Member Lyden asked Mr. Baylor if he is asking for a period of time to pursue a private action. He stated if the Council is prepared to go toward eminent domain with the outstanding issue of the Developer's Agreement (the road) then there is no other hold u ' to the Developer's Agreement. He asked why the Council is not capable of approving the �,.er's Agreement and eminent domain at the same time. Attorney Hawkins stated the Developer's Agreement is for t c n of a private road but the agreement deals with a 429 project with the cost bei Mayor Sullivan stated that if the Developer's Agr domain, then the agreement could be appr domain taking place, then the private one. proves everything except the eminent ment is negotiated prior to eminent Attorney Hawkins stated that a is'''' ayment for the private roadway and how it would be funded. Mayor Sullivan asked ` + mber Lyden if he is suggesting approval of the Developer's Agreement minus the e . n domain process. Council Member Lyden stated that would be the second option but the first option is to provide Mr. Baylor with enough time to pursue a private negotiation. Council Member Bergeson stated if eminent domain is pursued, then a different agreement would need to be developed. Attorney Hawkins stated that is accurate and that type of agreement are not completed at this time. Council Member Bergeson stated that he believes eminent domain would facilitate the completion of such an agreement. Mr. Hawkins stated the road right-of-way would be dedicated, the road installed, and the costs assessed to benefiting property owners. COUNCIL MINUTES DECEMBER 20, 1999 Mark Vergo, representing Mr. Rehbein, stated that they continue to talk with Mr. Baylor about the road but would support eminent domain to start the process moving. He stated they could continue to talk with Mr. Baylor even if eminent domain is approved. Council Member Lyden asked if they have approached McDonald's to offer their land. Mr. Vergo stated that he is not aware of that happening. Council Member Lyden stated that he was aware of negotiations that were not of the highest moral nature. Mr. Vergo again stated that he is not aware of that conversation. Mr. Wessel clarified that there have been only ethical discussions and Richard Engstrom has made a statement that McDonald's assured they would build in Lino Lakes. Council Member Dahl stated she spoke with Mr. Engstrom today due to receiving conflicting views and statements and, from that conversation today, Mr. Engstrom said he has a binding contract with Tim Baylor and all the permits are ready to go if the final plat were to be approved. Council Member Dahl stated that she asked Mr. Engstrom if he said that to staff and he said the only person he has talked to is Brian Wessel. Council Member Dahl st she asked whether or not he would or would not come and Mr. Engstrom sai. �d that and had the understanding that the City of Lino Lakes wanted to go wit ' �, t�r � + n. Mr. Engstrom said he was not against or for eminent domain. Council Me e 1 � r. Engstrom stated that he does have a binding contract with Tim Baylor th e aed and would like to go through as soon as possible. Mr. Wessel advised that Mr. Engstrom sh indicated McDonald's remains co the only thing keeping it from goi ted and with no appointment and gin Lino Lakes. Mr. Engstrom had stated prval of the agreement and paying for the road. Council Member Bergeson . T at cDonald's is committed to Lino Lakes and the site controlled by Mr. Bay tha positive indication that their commitment is firm and the site is firm. Council Member Dahl s ed that McDonald's prefers Mr. Baylor's site because of the location. Council Member Lyden asked if Mr. Engstrom said anything about anyone else approaching him and offering his or her land. Council Member Dahl stated that he did indicate he had been approached. Mayor Sullivan asked if this information is relevant to the issue before the Council tonight. Council Member Neal stated that he would like to hear this information. Council Member Dahl stated that if her intention was to put someone on the spot, she would have done it before or when Mr. Rehbein's representative spoke. She advised that Mr. Engstrom stated he was approached by Rehbein but did not indicate which Rehbein. She stated her 20 • COUNCIL MINUTES DECEMBER 20, 1999 impression that Greg Hayes was the brokerage for Mr. Rehbein. Council Member Dahl stated that she is not trying to put people on the spot but to learn the truth and what is going on since there are too may people talking. Council Member Dahl stated that she does her own homework and will not stop that in her work on the City Council. She stated that in order to make a good decision in her representation of all in the City, she needs all the facts and if that means she needs to call someone then that is what she will do. Council Member Bergeson stated that he does not find it surprising that landowners would contact McDonald's but finds it proof of the desirability of McDonald's and this project. He stated this gives credibility to what has been proposed and if McDonald's is committed to Mr. Baylor's site, then the Council should get it done. Mr. Wessel stated staff recommends adoption of Resolution No. 99-140. Ms. Carlson requested the opportunity to speak as a private citizen. Mayor Sullivan asked for a legal opinion as it related to taking testimony from residents who serve on commissions. Attorney Hawkins asked if the Planning & Zoning Board consider; �„' :L domain matter. Mayor Sullivan asked the Council if they desired to hear add o . e is from Ms. Carlson at this time as an individual citizen. Council Member Lyden: Council Member Dahl: Council Member Bergeson: Ms. Carlson stated that as a this point on tax subsi meeting to which she i that a tape recording be stated that her notes of t yes yes yes sine do Qoning Board did not address eminent ation, it has been said there has been no discussion to o %er, at the December 2 Economic Development Committee ax subsidy was discussed for the shopping center. She advised f that meeting and invited any to review the tape. Ms. Carlson meeting showed that because of a perceived threat of a development in Blaine, the EDAC proposed taking initiatives to develop our shopping center. She stated that her notes show that included subsidy, tax abatement, and infrastructure. She stated she does not remember the full details but this does not support the Mayor's statement that there was no discussion of tax subsidy. She stated that as an incoming Council Member, she believes she will be presented with the issue of subsidy. Ms. Carlson commented on other issues that will be presented and maintained the dispute is between two land owners and she hoped the Council would see fit to let the two landowners settle the dispute themselves with the knowledge that something will be done to benefit both of them as well as the neighborhoods it will serve. Mayor Sullivan stated it is true that the EDAC did consider those discussions and she had mentioned that the Council had never been presented with that information or considered a tax subsidy. COUNCIL MINUTES DECEMBER 20, 1999 Council Member Bergeson moved to adopt Resolution No. 99 - 140, as presented, with the intention of addressing Resolution No. 99 - 138, however, if Resolution No. 99 - 140 is not adopted, then Resolution No. 99 - 138 will not be addressed. Council Member Neal seconded the motion. Council Member Lyden stated that Mr. Baylor is bringing to Lino Lakes one of the most exciting McDonald's and to be respectful of him and to allow him to reach a settlement, he has asked for a couple weeks, which he believes, is a reasonable request. Council Member Bergeson stated that the Council has extended the discussion of McDonald's several times before and he thinks ample opportunity has been granted during those extensions to negotiate with the City and private parties so he supports moving ahead. Council Member Neal stated according to Mr. Baylor's letter of May of last year, maybe the City should consider helping finance the project. He stated that if the City wants commercial businesses, it may need to help them financially to get them in Lino Lakes. Mayor Sullivan stated this request of a year ago last May did not r what the Council is doing today and if it had been done, this w development would be in. Motion carried with Council Members Dahl an Resolution No. 99 - 140 can be found at t nutes. CONTINUED - Consideration Authorize Eminent Domain Brian Wessel — Mr. Wesse feasibility study and a ing but to request oint and the No. 99 -138, Initiate Feasibility Study and ive Iltiprovements Phase 4 - (4/5 Vote Required) — ecommended approval of the resolution ordering a minent domain. Council Member Berge assTed how long this report would take. Mr. Hawkins estimated the Council would receive i 'd -January. Council Member Bergeson requested the report to be completed as quickly as possible. Council Member Bergeson moved to adopt Resolution No. 99 - 138, as presented. Council Member Neal seconded the motion. Council Member Dahl noted the agenda statement indicated that a 4/5 vote was required but staff has indicated that this was a mistake and a 3/5 vote was required. She asked if there is anything else that could be brought back to the Council relating to this project that would require a 4/5 vote. Mr. Hawkins advised that under a 429 process, a 3/5 vote is required; if a City initiated the project, a 4/5 vote is required; and a majority vote is required if petitioned by 35% of the benefiting property owners 22 COUNCIL MINUTES DECEMBER 20, 1999 • Mr. Wessel noted that in January there would be only four (4) Council Members so a unanimous vote would be required to accomplish a 4/5 vote. Motion carried with Council Members Lyden and Dahl voting no. Resolution No. 99 - 138 can be found at the end of these minutes. UNFINISHED BUSINESS Consideration of March 21, 1996 Council Special Meeting (Council Members Lyden, Bergeson and Neal present) - Council Member Neal moved to approve the March 21, 1996 Council Special Meeting minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of October 23, 1996 Council Work Session Meeting (Council Members Bergeson and Lyden were present, Neal absent) - Council Membe n moved to approve the October 23, 1996 Council Work Session Meeting mi Member Lyden seconded the motion. Motion carried with Cou Mayor Sullivan abstaining. Consideration of November 20, 1996 Council Bergeson, Neal, and Lyden present) - Council November 20, 1996 Council Work Sessio Lyden seconded the motion. Motion abstaining. ted. Council eal, Dahl and eeting (Council Members ergeson moved to approve the es, as presented. Council Member ouncil Member Dahl and Mayor Sullivan Consideration of Decemb 2,> 6 uncil Work Session Meeting (Council Members Bergeson, Lyden, an al o' ` ent) - Council Member Neal moved to approve the December 4, 1996 Council Work eting minutes, as presented. Council Member Bergeson seconded the motion. on carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of December 5, 1996 Truth in Taxation Meeting (Council Members Bergeson and Lyden present) - Council Member Neal moved to approve the December 5, 1996 Truth in Taxation Meeting minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Members Lyden, Dahl, and Mayor Sullivan abstaining. Consideration of December 13, 1999 Council Meeting Minutes - Ms. Gaustad advised of a clarification made to Page 2. Council Member Dahl moved to approve the December 13, 1999 Council Meeting minutes, as corrected. Council Member Dahl seconded the motion. Motion carried unanimously. COUNCIL MINUTES DECEMBER 20,1999 Discuss Insurance Claim relating to one of the City's Contractors - Council Member Neal commented on the Lake Drive lawsuit and that the insurance company indicated they would contact the property owner on December 22, 1999. He stated that he wants this in the record. Minnesota Flag — Council Member Neal noted the Council Chambers does not have a Minnesota State flag. Mayor Sullivan asked Ms. Gaustad to address this issue. NEW BUSINESS - None COMMUNITY CALENDAR DECEMBER 20, 1999 THROUGH JANUARY 10, 2000 City Offices Closed for the Holidays, Friday, December 24, 1999 and Monday, December 27, 1999 Environmental Board Meeting, Wednesday, December 29, 1999, 6:30 p.m. City Offices Closed for the Holidays, Friday, December 31, 1999 a 2000. Park Board meeting (Goal Setting) , Tuesday, January Council Work Session, Wednesday, January 5 EDAC Meeting, Thursday, January 6 Newly Elected Officials Confere o gton), Friday, January 7, 2000 Newly Elected Officials C . ce oomington), Saturday, January 8, 2000 Council Meeting, Mo ary 10, 2000, 6:30 p.m. Public Safety Citizens ademy, Thursday, January 13, 1999, 7:00 p.m. ADJOURN ay January 3, There being no further business, Council Member Dahl moved to adjourn at 9:27 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, January 24, 2000. dete&-a(;6 CC el Gaustad Clerk Ry- City John ergeson, Mayor Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. 24