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HomeMy WebLinkAbout01/10/2000 Council MinutesCOUNCIL MINUTES JANUARY 10, 2000 CITY OF LINO LAKES MINUTES DATE : January 10, 2000 TIME STARTED 6:30 P.M. TIME ENDED : 9:12 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Attorney, Bill Hawkins; Consulting Engineer, John Powell; Community Development Director, Brian Wessel; City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; Chief of Police, Dave Pecchia; and City Clerk, Ry-Chel Gaustad ADMINISTER OATH OF OFFICE The City Clerk administered the oath of office to John Bergeson, Don �tin and Jeffrey O'Donnell. Mayor Bergeson advised previous Mayor Kim Sullivan and u ber Lyden would be recognized for their service during a ceremony at a late ec r. Neal will not be present at that time, Mayor Bergeson recognized him for his years of service to the community. Mr. Neal was presented with a �t of ►3,o L es baseball cap. SETTING THE AGENDA The agenda was approved as CONSENT AGEND Council Member Dahl - 'es o approve the Consent Agenda, as presented. Council Member Carlson seconded the m on. Motion carried unanimously. ITEM MINUTES: December 13, 1999, Council Meeting December 15, 2000, Council Work Session DISBURSEMENTS: ACTION Approved Approved December Manual Disbursements ($369,116.45) Approved 1 COUNCIL MINUTES JANUARY 10, 2000 December 1999 & January 2000 (Check No. 57876-57977, $244,095.72 & $272,125.87) Centennial Fire District December 27, 1999 OPEN MIKE Approved Approved The City Attorney advised since the Council will be short for the next three- (3) months; there have been questions about voting requirements with a four -member Council. Mr. Hawkins reviewed the voting requirements and noted a 3/5 vote now requires a 3/ vote. In land use issues a 4/5 vote now will require a 4/4, as per charter. Mayor Bergeson recognized a troop of Boy Scouts in the audience. A representative from Boy Scouts of America; Troop 692 came forward and stated they are prese ening to work on their citizenship in the community badge. ADMINISTRATION DEPARTMENT REPORT, DAN Consider Teamsters Contract (3/5 Vote Requir Teamsters Local 320 have reached an agreement The contract includes a three- (3) percent allowance for each year of the contrac time off in lieu of receiving overti d ? a so off that officers are seeking, a overtime. is — Staff advised the (3) year contract for labor services. d ten -dollar increase in the clothing at allows officers to use compensatory een included. This allows for increased time money that would otherwise have been paid in Council Member Carlapprove the Teamster Contract, as presented. Council Member O'Donnell sec =. e. e motion. Motion carried unanimously. Consider LELS Contract (3/5 Vote Required) Dave Pecchia — Staff advised the City and Law Enforcement Labor Services (LELS) have reached an agreement for a two- (2) year contract for labor services. LELS represents the police sergeants. The contract includes a four- (4) percent increase in 1999 and a three -(3) percent wage increase for 2000. Other provisions include the use of compensatory time off in lieu of overtime pay, and an increase in health insurance contributions equal to other employee groups. Staff noted the contract expires December 31, 2000. Council Member O'Donnell moved to approve the Law Enforcement Labor Services (LELS) Contract, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. 2 • • COUNCIL MINUTES JANUARY 10, 2000 Consider Annual Appointments (3/5 Vote Required) — Mayor Bergeson advised that each year the City Council is required to make a number of appointments. Appointments of individuals to advisory boards took place at the last meeting in December. Staff referred to a list of appointments that need to be made. It was noted the appointments do not include Council liaisons, but will be completed at a later date. Council Member Dahl moved to adopt Resolution No. 00 — 08, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Consider Resolution No. 00 - 01, Authorizing the Issuance of the 2000 Certificate of Indebtedness (3/5 Vote Required) Dave Pecchia — Staff advised the 2000 budget called for the issuance of Certificates of Indebtedness in the amount of $325,450 to be used for the purchase of capital equipment. The Area and Unit Fund has sufficient reserves to issue a loan to finance these purchases. A Special Levy will pay for this certificate in 2001, 2002 and 2003 an proceeds will be credited to the Area and Unit Fund. The equipment to be funded with the 2000 Certificate of Ind e s ' 'sted for Council review. Staff reviewed the list of equipment to be inclu Council Member Carlson moved to approve the i Indebtedness, as presented. Council me unanimously. Resolution No. 00 — 01 can b Consider Resolution 6583 for Ladies Auxi Post 6583 Ladies Auxil gambling at 7868 Lake the 2000 Certificates of d the motion. Motion carried e en '+ of these minutes. Renewal Application to Permit Gambling at VFW Post akes (3/5 Vote Required) Ry-Chel Gaustad — The VFW ino Lakes submitted its annual permit application to conduct ive. The Police Department has conducted a criminal history check on Susan Van Hese and Gladys Broker; the two (2) authorized gambling representatives from the Ladies Auxiliary. According to the past City Clerk, the City has not experienced any difficulty with this organization acquiring a gambling permit. Council Member O'Donnell moved to adopt Resolution No. 00 — 02, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. PUBLIC HEARING, Community Development Block Grant Funds (CDBG) (No Action Required) Chief Pecchia — Staff advised the City will receive an estimated $34,492.00 (less $1,000 for administration) in CDBG dollars for the 2000-2001 grant year. The dollars can be used to benefit low to moderate -income residents or to clean up slum and blight. The purpose of the public hearing is to receive comments and requests for the use of the funds. A number of written requests have been received. The Council will take comments tonight, review the COUNCIL MINUTES JANUARY 10, 2000 material and then make a final decision at the February 14, 2000, Council meeting. All information must be to Anoka County by Tuesday, February 15, 2000. Staff referred to information that has been submitted by the following organizations: Section # Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Organization Name Anoka Co. Community Action Program (ACCAP) $ 6,132.00 Alexandra House 4,500.00 ARC of Anoka & Ramsey County 1,000.00 Community Emergency Assistance Program (CEAP) 1,500.00 Amt. Requested Forest Lake Youth Service Bureau North Anoka Meals on Wheels Resource Center for Fathers & Families Rise Total Requests by Organizations Section 9 Lino Lakes Programs Mayor Bergeson opened the public hearing at 6:55 p.m. Ms. Phyllis Linder, Anoka Co. Community Actio Council for their previous support. She advised t well as disabled adults obtain services thr o � ,- ,= r • � �, 5,000.00 4,094.00 1,000.00 2,000.00 $25,226.00 o be determined e forward and thanked the sists`low/moderate income seniors as s, financial assistance, crisis intervention, energy assistance, public es, etc. She stated she also provides case management, referral services and chen is in need within the City of Lino Lakes. Ms. Colleen Schmidt, Alex Development Block dew ,; fu domestic violence inte women and families in support. Inc. came forward and requested $4,500 in Community rom the City of Lino lakes for the purpose of providing ucation, and advocacy and prevention services for battered 01. She also thanked the Council for their previous financial Ms. Marianne Reich, ARC of Anoka & Ramsey County, requested the Council award them with $1,000 of the grant money. Ms. Susan McMullen came forward and stated she has been an active member of ARC for 10 years. She stated that ARC has helped her family immensely. The request for funding for the next fiscal year cycle is to provide core support and advocacy services to individuals with developmental disabilities and their families living in Anoka County and the City of Lino Lakes. Ms. Sarah Henfling, Community Emergency Assistance Program, requested consideration for a grant in the amount of $1,500. The grant will be used to fund Family Services. CDBG funds allow CEAP to continue to serve Lino lakes residents, and help meet the rising demands for 4 COUNCIL MINUTES JANUARY 10, 2000 services. Services include a food shelf, a clothing closet, referral services, a Back to School program, and financial assistance. Ms. Maggi Novak, North Anoka Meals on Wheels, thanked the Council for their previous support. She requested consideration from the Council for Community Development Block Grant Funds to pay for the salary of the Site Coordinator in the Lino Lakes area and to subsidize meals. This year the North Anoka Meals on Wheels has to raise $16,000 to continue service to the homebound elderly and handicapped in the community. Council Member O'Donnell asked what happens to the additional funds if all the funds are not allocated. Staff advised it is anticipated that the Lino Lakes programs will make up the difference in funds. Council Member Carlson moved to continue the public hearing to the February 14, 2000, Council meeting. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Consider Resolution No. 00 — 03, Accepting Donation from VFW Post 6583 for Tree (3) Ballistics Vests (3/5 Vote Re advised the Circle -Lex Ladies Auxiliary VFW, Post #6 Lakes Police Department to be used to purchase t Officer and expired vests for two (2) veteran offi Post $6583 is aware of the need for these bulletproof vests. The purpose of Res Ladies Auxiliary VFW, Post #658 akes Auxiliary ecchia — Staff $1,800.00 to the Lino roof vests for a new Police Circ e -Lex Ladies Auxiliary VFW ated $1,8000.00 for the costs of the 0 - 13 is to publicly thank the Circle -Lex us donation. Council Member Dahl mo op esolution No. 00 — 03, as presented. Council Member O'Donnell seconded t Motion carried unanimously. Resolution No. 00 — 03 . found at the end of these minutes. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Highland Meadows, PDO Amendment (4/5 Vote Required), Rezoning (4/5 Vote Required), Preliminary Plat Amendment (3/5 Vote Required) Jeff Smyser, Cindy Sherman of NAC — Staff advised TSM Development, Inc., has requested approval of a 107 unit, mixed density residential development to be known as Highland Meadows. This property was subject to a similar application in 1997. The application included a comprehensive plan amendment and rezoning (Townhomes), Planned Development Overlay and Subdivision. The application at that time included single-family lots and 52 Townhomes on 55.9 acres for a density of 2.83 units per 5 COUNCIL MINUTES JANUARY 10, 2000 acres. The City approved it but construction of the project did not proceed due to utility availability issues and wetland issues. A new developer is proposing to develop the property with some modifications from the 1997 plan so an application for amended PDO and preliminary plat is required. The new development plan calls for the construction of 55 single family homes and 52 townhouse units (13 quadraminium structures) with a large Outlot for future platting on the northern portion of the site. The density of the development, excluding Outlot E is 2.66 units per acre. This Outlot was created in order to allow access issues to be addressed for the entire area. The site is located west of Lake Drive, between Main Street and Barbara Avenue. Staff advised the City has previously approved the preliminary plat for the area and determined that the land use and general layout was acceptable. The modifications to the plan were based upon final wetland/ponding requirements of the Rice Creek Watershed District. Staff recommended approval of the requested rezoning, PDO, and preliminary lat subject to conditions listed in the Executive Summary of the report. Council Member Carlson asked about the difference in densit s plat. Staff advised the area has been reduced therefore, changing the de t a o ed Outlot E would be platted in the future. Council Member O'Donnell asked about the re ssio Y if the City does not purchase Outlot D. He also asked if the Environmental Bo y o �� . tions have been incorporated into the plan. Staff advised when the propert ` �� �,.. n S utlot it is not buildable. The City will have to take action and continue tchase Outlot D. Staff also advised Council must consider the Environme + . rec e" endations and decide if they are adequately addressed in the plan. Council Member O'D dated November 2, 199 developer's responsibili if the trail segments that Mr. DeGardner refers to in a letter e in the development agreement. The City Attorney advised the s would be included in the developer's agreement. Council Member Dahl asked about the interchange options and traffic flow that have previously been discussed. She indicated there was supposed to be an "arc" that went through the plat. Staff advised the Counties original plan was to have an "arc" through the plat. The City was not supportive of the plan and the County is looking at an alternative access. Staff referred to a map pointing out a possible other connection. The connection will not be a part of the plat. Council Member Carlson asked if the original density was calculated on the current acreage. She also asked about the large change in density that was not presented to the Planning and Zoning Board. Staff advised the original density did include the entire 55.9 acres, Outlot E, and the other five -(5) acre piece of property. Staff stated it is possible there was an error made in the calculations of density because the number of housing units did not change. However, the lots are smaller. 6 • COUNCIL MINUTES JANUARY 10, 2000 Mr. Steve Schmidt, TSM Development, came forward and stated that as you go north the density will get smaller. The plat has the overall effect of reducing density. The additional 20 acres will eventually be developed. Council Member Dahl asked about time limits regarding preliminary and final plat approval. The City Attorney advised there are time limits. However, it is City policy to grant extensions. Staff added it was impossible for the developer to develop this property because there were no utilities until the summer of 1999. Mr. Schmidt noted the plat was extended in 1998. Council Member Carlson moved to approve the PDO Amendment based on the following conditions: 1. An amendment to the 1997 PDO, Planned Develop rlay for lot area and setback flexibility. 2. The rezoning of an additional area of .25 area with a legal description provide fi` at. ass the multi -family 3. Plans shall be consistent with' Watershed district permit approval of the permit shall be 4. The Highland • .�,. imr' ary plat/PDO subject to the following conditions: a) b) c) d) e) Thi tion is conceptual approval of the townhome development. 0 Development Plan approval is subject to the site plan et s` s including unit exteriors, landscaping and floor plans, ownership and maintenance of common areas and submission of association documents. The developer shall overlay Marilyn Drive to 77th Street and 77th Street to Lake Drive to connect where recently reconstructed. The developer shall participate in the cost for improvements completed on 79th Street east of the site. Trails in Outlot A and Outlot C shall be graded and aggregate placed by the developer. Deed restrictions shall be recorded that identify the limited buildable areas of the lots with 50' pads and that no variances shall be grated. COUNCIL MINUTES JANUARY 10, 2000 fl g) Front yard setbacks for all lots shall be as depicted on the plan with drainage and utility easement dedicated over the setback area on the final plat. h) A plan clearly identifying front yard setbacks shall be submitted to the building inspector following final plat approval. i) j) k) The submitted grading, drainage, and utility review and approval of the City Engines Council Member O'Donnell seconded the motion. Council Member Carlson voted yea. Council Me d yea. Council Member O'Donnell voted yea. Mayor Bergeson voted ea Motion carried unanimously. Sales information shall include the restricted area for development on all impacted lots as outlined in g. Outlots B and F shall be deeded to adjacent exceptions. Revegetation of ponding/wetland areas shall include native materials as recommended by the City Environmental Specialist. subject to the Council Member O'Donnell the conditions listed in the the motion. prov approximately .9 acres from R-1 to R-3, based on mary of the report. Council Member Dahl seconded Council Member Carls of yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. or Bergeson voted yea. Motion carried unanimously. Council Member Dahl moved to approve Preliminary Plat Amendment based on the conditions listed in the Executive Summary of the report and to include all items presented by staff. Council Member O'Donnell seconded the motion. Motion carried unanimously. Conditional Use Permit for Grading, North Suburban Development, Main Street (3/5 Vote Required) John Powell — The site grading for the Highland Meadows subdivision will require a wetland mitigation. The Wetland Conservation Act (WCA) requires the creation of new wetlands, or an expansion of existing wetlands to "replace" any wetlands filled by grading activities. Staff referred to a map that pointed out the proposed mitigation area for the Highland Meadows project. It is generally located in the northeast corner of the southeast corner of 8 COUNCIL MINUTES JANUARY 10, 2000 Section 5. This area is zoned R-1, Single Family Residential and is within the MUSA. However, its use for residential development is severely limited to nearby wetlands. Section 12.B of the City's Zoning Ordinance states "When five thousand (5,000) or more cubic yards of material is to be removed or deposited on any lot or parcel, a conditional use permit shall be required." The proposed mitigation site will require movement of about 20,000 cubic yards of material and therefore requires a conditional use permit (CUP). If the mitigation grading were confined to the Highland Meadows plat site a CUP would not be required. Within this area of Lino Lakes the Rice Creek Watershed District (RCWD) administers the WCA. The grading proposed as part of this wetland mitigation plan was reviewed and approved with stipulations by the RCWD. The Planning and Zoning Board held a public hearing at their December 8, 1999, meeting. Staff referred to a copy of the draft minutes of that meeting. The Planning and Zoning Board approved this Conditional Use Permit, with a 7-0 vote, based on conditions. Staff also recommended approval of the Conditional Use Permit. Staff noted the completion date would be provided prior to fo Council Member O'Donnell moved to approve the con following: The proposed activity must co Watershed District. it based on the all requirements of the Rice Creek The grading activi c anffiauling of materials, is restricted to the City's allowed workin '; . s ows: S 'E day/Holidays 7:00 a.m. to 7:00 p.m. 9:00 a.m. to 5:00 p.m. No working hours allowed Notify the City Engineer at least 24 hours in advance of mobilizing equipment onto the site and commencing grading. Provide a completion time. Provide a Letter of Credit running to the City equal to 150% of the construction cost. Provide an escrow deposit of $1,000 to reimburse the City equal to 150% of the construction cost. • Council Member Dahl seconded the motion. Motion carried unanimously. COUNCIL MINUTES JANUARY 10, 2000 Consider Resolution No. 00 - 04, Approve Final Payment for the Construction Laborer's Training Facility Improvement (3/5 Vote Required) John Powell — The Contractor for the Construction Laborers Training Center Utility Extension, Ryan Contracting, Inc., is requesting City approval of Payment No. 3 (final) in the amount of $4,551.66. The project included the installation of utilities along the south side of Main Street, east of the realigned Otter Lake Road, to serve the Training Center. The final contract amount is summarized as follows: Original Bid Amount Change Order No. 1 Change Order No. 2 Final Contract Amount $173,625.25 $ 10,896.69 $ 33,370.66 $ 151,151.28 Council Member Dahl moved to adopt Resolution No. 00 — 04, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 00 - 04 can be found at the end of these minutes. Consider Resolution No. 00 — 05, Approve Final Payment for t ' L ; t Trunk Utility Improvement (3/5 Vote Required) John Powell — The Contr +r t . c Street Trunk Utilities project, S.R. Weidema, Inc., is requesting City a pr �a �: nt No. 6 (final) in the amount of $11,453.75. The project included the install along Lilac Street and Mustang Lane to serve Behm's Century Farm 4th mal contract amount is summarized as follows: Original Bid Amount Change Order No. 1 Change Order No. 2 Final Contract Amo $232,768.70 $ 14,096.00 $ 2,628.76 $249,493.46 Council Member Dahldopt Resolution No. 00 — 05, as presented. Council Member O'Donnell seconded th : tin. Motion carried unanimously. Resolution No. 00 — 05 can be found at the end of these minutes. Consider Resolution No. 00 — 06, Approve Final Payment for the 77th Street Utility Improvements (3/5 Vote Required) John Powell — The Contractor for the 77th Utility Extension, Dave Perkins Contracting, Inc., is requesting City approval of Payment No. 2 (final) in the amount of $22,214.88. The project included the installation of utilities along 77th Street, east of Lake Drive, to serve properties with failing on-site sewage systems. The final contract amount is summarized as follows: Original Bid Amount Change Order No. 1 Change Order No. 2 Final Contract Amount 10 $81,761.00 $ 2,925.00 -$ 3,417.22 $82,268.78 • COUNCIL MINUTES JANUARY 10, 2000 Council Member O'Donnell moved to adopt Resolution No. 00 — 06, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 06 can be found at the end of these minutes. Mayor Bergeson called for a short recess at 7:55 p.m. Mayor Bergeson reconvened the meeting at 8:05 p.m. PUBLIC HEARING, SECOND READING, Ordinance No. 22 — 99, 77th Street Right -of - Way Vacation (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 single family residences to the north and the commercial area to the south. Several residents along the north side of 77th Street have reque wide strip of right-of-way. The City Charter requires that re disposed of except by Ordinance. The Ordinance requi waiting period before it is in effect. The first read' Mayor Bergeson opened the public hearin ate this 30 -foot t City cannot be ngs, publication, and a December 13, 1999. Council Member Dahl moved to c p• r'c hearing at 8:09 p.m. Council Member Carlson seconded the motion. Motio nim • usly. Council Member O' D -11 ed to adopt Resolution No. 22 — 99, as presented. Council Member Dahl seconde Council Member Carlso oted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Mayor Bergeson voted yea. Motion carried unanimously. PUBLIC HEARING, FIRST READING, Ordinance No. 17 — 99, Oak Brook Peninsula Easement Vacation (4/4 Vote Required) John Powell - Staff advised the specific action requested by Russell D. and Elizabeth M. Melton, the owners of Lot 2, Block 1, Oak Brook Peninsula, is the vacation of a portion of the City's drainage and utility easement which contains a hockey rink which the Melton's have construction. The specific area requested includes not only the hockey rink but also the area parallel to, and within 12 feet of, the rink. • Staff indicated they recognize there have been many other issues raised with regard to this hockey rink. The specific request to be considered by the City Council at this time is the COUNCIL MINUTES JANUARY 10, 2000 vacation of a portion of the City's easement. Other issues such as the rink lighting, shoreland setbacks, etc., can be considered after the Council makes a decision on the issue currently presented. The entire context of how these issues are considered is determined by the City's decision on the easement vacation. Staff recommended vacation of the requested portion of the easement based on conditions. Council Member Carlson expressed concern regarding the difference in the 100 -foot distance from ordinary high water. Staff advised the location of the contour is plus or minus 2-3 feet, which does not currently meet the setback. The setback will be looked at in the site plan review. Mayor Bergeson opened the public hearing at 8:22 p.m. Ms. Elizabeth Melton, 2150 Otter Lake Drive, requested Council vacate the easement so the hockey rink can remain in place. She referred to a picture of her property indicating the rink. She stated the hockey rink was built on a drainage easement because they though it would not effect the easement. She stated she has gone through the proper charm ect that and keep the rink. The issue before the Council is vacating the partial ease t. Paul and Julie Schwartz, 2140 Otter Lake Drive, came forw x sed objection to the rink. She noted the Anoka Conservation District and th En mental Board also object to the rink. She noted the rink was constructed wi &gip and taxpayers have endured a huge expense because of this issue. The applican howl: cur all costs because they are the violators. She added the area is subject to "sti �3 nants. She stated it is important to consider the Environmental Board's c • �� �; a ng trail possibilities. She continued stating the Anoka Conservation a;� c. � e is should also be considered noting their objections. She stated the st. •` datin ignores the comments of the RCWD and DNR. She added that an addition is .Table with more detail. The issue of the surveyors and their difference shoul • ,: ;, o b = ny essed. Ms. Schwartz stated th a`il should review the laws regarding stormwater ponds and wetlands. She added th - he following issues have not yet been addressed: 1. Drainage Swale. 2. Lighting issue including density. 3. Hydrological impact. 4. Other options that the property owner has not considered. She continued stating many other issues such as lighting and hours of operation will be to be addressed if the rink remains. She implored the Council to do the right thing and deny vacation of the easement. She noted that approval of the vacation will set a negative precedence within the City and it is not in the best interest of the City. Ms. Melton asked the Council how "the best interest of the City" is weighed. 12 • COUNCIL MINUTES JANUARY 10, 2000 Staff advised the comments of the Anoka Conservation District and Environmental Board were considered in the recommendation. The City has not established policy regarding recouping costs of vacating easements. Staff will develop a policy in the future. The City Attorney advised that a review of the documents, determination of correct set up, and ensure there is a method to maintain the areas is done regarding Protective Covenants. Staff advised the survey done by Advance was specifically prepared to show the contour. Staff explained how a survey is done regarding the contour. Staff noted they believe the contour is correct within 2-3 feet. Staff stated part of the conditions of approval include negligible impact. Council has asked for $1.00 compensation in previous vacation of easement cases. Staff stated when evaluating what is in the best interest of the City relating to this issue, the original grading plan was taken into consideration. Mr. Melton asked about the condition regarding compliance to all staff recommendations by January 31, 2000. The City Attorney advised the date should be moved to the effecti approved. Staff recommended the date be changed to March 1, 20 ordinance if Council Member Carlson moved to close the subs : at $:50 p.m. Council Member O'Donnell seconded the motion. Motion ,axe sly. Council Member Carlson moved t hi em ntil the February 14, 2000, Council meeting. Council Member Dahl seconon Council Member Carl .k _ tat e issue is a very difficult situation. She expressed concern regarding good recom ''z • •n both sides of the issue. She stated she is not ready to vote in favor of the easemen e equested more time to review the information and urged the applicant and neighbor t ook for a solution. Staff advised that even if the easement is vacated, the hockey rink might not stay in place. Staff advised vacating the easement is productive to the City. Motion failed with Council Member O'Donnell and Mayor Bergeson voting no. Council Member O'Donnell stated he reached his decision by removing the hockey rink from the issue. He stated the material from staff indicates eleven recommendations that do not support the vacation therefore, he advised he couldn't support the easement vacation. Mayor Bergeson mentioned that he wants to keep the issue moving along and would prefer to table the item until the next Council meeting. COUNCIL MINUTES JANUARY 10, 2000 Mayor Bergeson moved to table the issue to the January 24, 2000, Council meeting. Council Member Carlson seconded the motion. Motion carried unanimously. Council Member Carlson requested Council hear from the Environmental Board regarding this issue. She also requested information regarding how to address the ordinary high water mark. Staff advised findings of fact must be provided if the vacation of the easement is denied. This item will be on the Council work session agenda Wednesday, January 19, 2000, 5:30 p.m. Consideration of Resolution No. 00 — 07, Accept Drainage and Utility Easement and Authorize Payment, Otter lake Road Improvements (3/5 Vote Required) John Powell — The planned construction of Otter Lake Road requires the acquisition of property for the utilities and drainage ponds. The City has reached a settlement with Industrial Equities for the acquisition of property for utility and drainage purposes over their property. The City is acquiring 9.85 acres of land for the utilities, regional pond A ,' etland mitigation areas. The ponding areas are part of the Clearwater Creek greenw ,� pl _ ed drainage ponds will provide regional detention ponding and wetland mit' operties within the Clearwater Creek light industrial area. The average cost of t p rt ';1.096 per square foot or a total of $470,296.25. The purchase is to be funded ace Water Management Fund, which will be reimbursed as the area is dev so requested authorization to consult with the City Attorney regarding land acq itio °rn d ti le work. Council Member Dahl moved to ado .; o 10 — 07, as presented, and authorize City staff to consult with the City Atto acq isition and title work. Council Member Carlson seconded the motion. � i " ie nanimously. Resolution No. 00 — 0 bnd at the end of these minutes. UNFINISHED BUSI - one NEW BUSINESS - None COMMUNITY CALENDAR JANUARY 10, 2000 THROUGH JANUARY 24, 2000 Staff advised the special Council meeting with Mr. Babacus have been canceled until a later date. Council Meeting, Monday, January 10, 2000, 6:30 p.m. EDAC Subcommittee Meeting, Tuesday, January 11, 2000, 7:00 a.m. Planning and Zoning Board Meeting, Wednesday, January 12, 2000, 6:30 p.m. Public Safety Citizens Academy, Thursday, January 13, 2000, 7:00 p.m. 14 • COUNCIL MINUTES JANUARY 10, 2000 Charter Commission Meeting, Thursday, January 13, 2000, 7:00 p.m. City Hall Offices Closed Federal Holiday, Monday, January 17, 2000 CAG Meeting, Tuesday, January 18, 2000, 7:00 p.m. Candidate Filing Opens for Council Vacancy, Tuesday, January 18, 2000 (Closes Tuesday, February 1, 2000) Council Work Session, Wednesday, January 19, 2000, 5:30 p.m. EDA Meeting, Monday, January 24, 2000, 6:00 p.m. Council Meeting, Monday, January 24, 2000, 6:30 p.m. ADJOURN There being no further business, Council Member Dahl moved to • "2 p.m. Council Member Carlson seconded the motion. Motion carried unanim These minutes were considered and approved at the reg C nci�_= eting, February 14, 2000. � V act Gaustad, Clerk John er eso ` May Ry-ChelCity g y Transcribed by: Kim Points TimeSaver Off Site Se 15