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HomeMy WebLinkAbout04/24/2000 Council MinutesCOUNCIL MINUTES APRIL 24, 2000 CITY OF LINO LAKES MINUTES DATE : April 24, 2000 TIME STARTED : 6:30 P.M. TIME ENDED : 7:50 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); Public Services Director, Rick DeGardner; and Environmental Specialist, Marty Asleson (part) SETTING THE AGENDA Item 7A, Goal Setting Survey, was added to the agenda. Item 7B, Discussion of Monopoles, was added to the agenda. Item 7C, Meeting Times for Board Applicants, w Item 6D, Variance for 6280 Ware Road, Das postponed until May 8, 2000. Item 6F, Subdivision 62nd Street, p d u til May 8, 2000. The amended agenda was a a esented. CONSENT AGEND Council Member Dahl ed to approve the Consent Agenda, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. ITEM DISBURSEMENTS: Manual - $288,177.59 ACTION Approved April 24, 2000(Check No. 58655 — 58756, $279,233.45) Approved Centennial Fire District Approved 1 COUNCIL MINUTES APRIL 24, 2000 Resolution No. 00 — 47, Designating Al Rolek As an Account Signatory Approved OPEN MIKE Mayor Bergeson read a statement from a letter received from Mr. Ray Vandeveer. The letter indicates the only change in bus service within the City is possible routing and number changes. No one was present for open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH There was no Administration Department report. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no Public Safety Department report..1) PUBLIC SERVICES DEPARTMENT REPORT, RICK D �;^: C?. g the Sale, by the City of DeGardner — Staff advised two (2) lfill park dedication requirements for the • FIRST READING, Consideration of Ordinance No. Lino Lakes, of Lots 1 and 2, Block 2, Rice Lak lots on Sandhill Drive were deeded to the City in Rice Lake Estates Development. Last year, the Parks Department c Drive. This park consists of leading to Baldwin Park is nei hborhood park behind the well house on Sandhill qui dent, swings, and a'/ court basketball court. A trail The lots were put on t t March 22, 2000, with an asking price of $36,900. Significant soil correction will be necet provide a suitable building pad. An offer of $32,900 was rejected on April 3, 2000. Joe Mey ;"Homes submitted an offer for the full asking price on April 12, 2000. The purchase agreement is contingent upon two (2) additional soil borings being conducted at the City's expense (not to exceed $500) to ensure that the existing soils are acceptable. The purchase agreement is also contingent on City Council approval. Staff and the Park Board are recommending to sell the property with the proceeds designated to the Park Dedication Fund to provide revenue for parks and trails development. Assuming the first and second readings of Ordinance No. 00 — 06 are approved, a Resolution designating the proceeds to the Park Dedication Fund will be presented to the City Council for consideration. Council Member Carlson moved to approve the FIRST READING or Ordinance No. 00 — 06, as presented. Council Member Dahl seconded the motion. • 2 COUNCIL MINUTES APRIL 24, 2000 Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Arbor Day Proclamation (3/5 Vote Required), Marty Asleson — Staff referred to The Arbor Day Proclamation for 2000. Arbor Day is traditionally set aside on the last Friday of April. Lino Lakes Elementary is again hosting an Arbor Day planting this year on May 5, 2000. The planting will take place in the new court area of the school grounds. The proclamation establishes May 5 as Arbor Day in Lino Lakes. Council Member Dahl moved to approve the proclamation establishing Friday the 5th of May as Lino Lakes Arbor Day, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. A copy of the Arbor Day Proclamation can be found in the City C FIRST READING, PUBLIC HEARING, Ordinance N Vote Required), Mary Kay Wyland — Staff advised T 79th Street as replatted in the Highland Meadows future title problems for properties within the la and Outlot D and the Exception parcel. o. V ion of 79th Street (4/5 nt is requesting the vacation of ent. This vacation will eliminate is Lot 1 Block 11, Lots 2 & 3 Block 10, Staff recommended Council adop 7 — 00, vacating 79th Street as described in the ordinance. Mayor Bergeson open a is hearing at 6:40 p.m. 0 0 Council Member O'D ved to close the public hearing at 6:40 p.m. Council Member Carlson ion carried the motion. unanimously. Council Member Dahl moved to approve the FIRST READING of Ordinance No. 07 — 00, as presented. Council Member Carlson seconded the motion. Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. FIRST READING, PUBLIC HEARING, Ordinance No. 08 — 00, Vacation of 74th Street (4/5 Vote Required), Mary Kay Wyland — Staff advised Mr. Gary Uhde, owner of the Apollo Business Center, is requesting vacation of the 74th Street right-of-way between Apollo Drive and Jon Avenue. 3 COUNCIL MINUTES APRIL 24, 2000 The City has determined that the road right-of-way is not needed for public purposes, however, the City will need to retain an easement for drainage and utility purposes over the vacated right-of-way. Staff advised they have received a letter from the Minnesota Correctional Facility Physical Plant Director indicating no objections to the roadway vacation provided the utility/drainage easement is maintained. Staff therefore, recommends approval of the requested vacation by adoption of the Ordinance as stipulated in the City Charter. Council Member Carlson inquired about the purpose of the road vacation. Staff advised the purpose is to attach the vacated roadway to adjoining properties. The roadway has no use in the City street system. The City Engineer added another purpose is to allow utilities in an easement on new site development. Council Member Carlson inquired about information regarding the adjoinin: property owners. Staff advised the vacation will affect H & L Mesabi. It was the understandi . property owner that the street will be vacated. The City does have more development ti,,forward for this site. The property is located in the industrial park and will remain in Council Member Carlson inquired about the benefit to t advised individual lots will initially benefit. The 1 projects come in. Council Member Dahl inquired about issue. Staff advised the Correctio Facility did request the City ing the roadway. Staff dividually platted as development ve of the Correctional Facility regarding this not objection to the vacations. The Correctional ase ent. Council Member Dah olice Department may need the roadway in the future for safety reasons. Also, it woultage to have a more direct route to 35W. If the roadway is needed in the future the City w vto buy it back, which can be expensive. Staff advised the Correctional Facility is in favor of the vacation because it will eliminate another access to the facility. The City Engineer added that Apollo Drive has been constructed to a higher standard than 74th Street. If 74th Street is developed, it will also have to be constructed to the higher standard. There is no possibility of connecting the roadway to the east. If the roadway is vacated, the acreage will be developable and can be assessed. Staff noted there is also a setback issue if the roadway is left as a City street. Council Member Dahl stated there are variances for setbacks if necessary. She stated she has not received enough information regarding this issue. 4 • COUNCIL MINUTES APRIL 24, 2000 Council Member Reinert inquired about a sense of urgency relating to this issue. Staff advised there is not a sense of urgency, however, the developer does have sales pending. Council Member Reinert suggested the issue be tabled until the next Council meeting to obtain more information on the request. Mayor Bergeson opened the public hearing at 6:52 p.m. The City Attorney advised the public hearing should be continued to the next Council meeting. Council Member Carlson stated she wants to see how the property has been platted to this point. She noted the paperwork on this item was not received in time to discuss it at the Council work session. Council Member Reinert moved to close the public hearing at 6:54 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. Council Member Carlson moved to continue r"1RST READING, Ordi 74th Street, to the May 8, 2000, Council meeting. Council Membe Motion carried unanimously. 08 — 00, Vacation of ed the motion. Variance for 6280 Ware Road, David Pearson (3/5 V ui ary Kay Wyland — Upon adoption of the agenda, this item was postponed u 0. Variance Variance for 87 Lilac Street, Lyndal N equired), Mary Kay Wyland — Staff advised Mr. Lyndal Nelson at 87 Lila esting a variance to allow a 442 square foot addition to his existing attached g _ al arage area of 1,114 sq. ft. The ordinance allows a total of 1,120 sq. ft. with a miack 30' from a local street. The house sits at a slight angle on the lot so the sout a' rn�* f the garage would be 26.5' from the property line requiring a variance of 3.5' whi e ns east corner would exceed from the setback requirement by 2'. Although Mr. Nelson h ale lot, 1.6 acres, there is a low area behind the home and a large mound septic system. His prefe nce is to construct this addition to provide for a three (3) car attached garage. A larger detached garage could be constructed but would need to be located quite some distance from the home and would require the removal of a small existing storage building on the property. The ordinance allows one attached garage and one detached accessory building. The existing detached accessory building was constructed some time ago prior to development of the area. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. COUNCIL MINUTES APRIL 24, 2000 3. That the hardship is not due to economic considerations alone and when a reasonable use for that property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. In reviewing the Variance Criteria above, staff commented that a large maple tree exists directly behind the north/east corner of the proposed additional creating a physical circumstance unique to the property. Mr. Nelson would like to minimize disturbance to this tree and has located his garage approximately 16' from the tree. The City's Environmental Specialist has inspected the site and determined that locating the garage 10' from the tree will minimize impact to the root system of the tree. Staff suggested moving the proposed addition north to within 10' of the maple tree to minimize the requested variance. Staff commented that the existing right of way for Mustang L roadway. This leaves a boulevard of 17'. The typical reside way. This 66' right-of-way was dedicated to the City p Staff recommended approval of the variance re Board reviewed this request at their April Variance with the conditions recomm 2' constructed is 15' on a 60' right-of- ent of the 60' requirement. onditions. The Planning and Zoning g and recommended approval of the ,: Council Member Carlson ve ' � �� siz of the garage will not change if the variance is granted. Staff advised the size of th wi°_ of change. Council Member Rei a °'' o approve variance as requested based on the following conditions: 1. The prop ed addition be located 10' south of the existing maple tree to minimize the variance required on the south/east corner. 2. The variance at the south/east corner be no more than 3.5 feet. 3. The proposed addition be sided to match the existing house & garage. Council Member Dahl seconded the motion. Motion carried unanimously. Subdivision 62nd Street, Rick Carlson (3/5 Vote Required), Mary Kay Wyland — Upon adoption of the agenda, this item was postponed until May 8, 2000. PUBLIC HEARING, Apollo Drive Phase 4 Improvements, John Powell — Staff advised on April 10, 2000, the City Council accepted a feasibility study and called for a public hearing for April 24, • • COUNCIL MINUTES APRIL 24, 2000 2000, for the proposed improvements to Apollo Drive Phase 4. The improvements include the installation of sanitary sewer, watermain, storm sewer and street. This public hearing is required per Minnesota State Statues 429. This project is in the City Charter exempt area of the City. The City is currently master planning the Town Center located on the northeast quadrant of the 35W and Trunk Highway 49 interchange. In order to ensure that adequate roadway access and utility service to this quadrant is provided in a timely manner, the City initiated this public improvement. Mayor Bergeson opened the public hearing at 7:05 p.m. Staff reviewed the information contained in the Feasibility Report in detail. Staff also reviewed the project schedule and assessment information. Council Member Dahl inquired about the final plat for JADT. Staff advised the final plat for JADT has all the signatures but has not been recorded yet. This should not create a problem and will be recorded soon. Council Member Reinert asked if there will be a right turn lane so o ive. Staff advised there will be a left turn lane and a right through lane south of L Mr. Mark Vargo, representative for Glen Rehbein, cam He stated the assessment will be a 50/50 split bet portion of assessments when the road is continue Staff advised continuation of the road of Phase 5 of Apollo Drive. The assessment will be proportional. treet. rifted the assessment plan. in and JADT. He asked about the Council Member O'Donnel ose the public hearing at 7:20 p.m. Council Member Reinert seconded the motion. Otto + ied unanimously. Resolution No. 00 — 4 • r the Improvement and Preparation of Plans and Specifications, Apollo Drive Phase 4 ( Vote Required), John Powell — Staff advised the next step in the Public Improvement Process is to order the improvement and preparation of the plans and specifications. As this project was initiated by the City Council, a 4/5 vote is required to order the improvement. As the timetable for this project indicates, several actions are required this evening in order to expedite construction of these improvements to serve the proposed McDonald's restaurant. Resolution No. 00 — 43 will order the improvement and preparation of plans and specifications for the Apollo Drive Phase 4 project. Council Member O'Donnell moved to adopt Resolution No. 00 — 43, as presented. Council Member Dahl seconded the motion. Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Mayor Bergeson voted yea. 7 COUNCIL MINUTES APRIL 24, 2000 Motion carried unanimously. Resolution No. 00 — 43 can be found in the City Clerk's office. Resolution No. 00 — 44, Declare the Intent to Bond, Apollo Drive Phase 4 (3/5 Vote Required), John Powell — Staff advised the City is required to declare its intent to reimburse project costs from bond proceeds prior to encumbering project costs. This is a non-binding declaration that must take place in order to finance projects in this manner. The Apollo Drive project, including future phases, may be financed through bond proceeds. Resolution No. 00 — 44 will officially declare the City's intent to bond for the Apollo Drive Phase 4 project. Mayor Bergeson inquired about the timeline regarding the determination of using the bond process for the project. Staff advised the funding will be discussed with the Finance Director. A determination will be made in the next week or two (2). Council Member Carlson moved to adopt Resolution No. 00 — 44 p Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 44 can be found in the City Clerk' Resolution No. 00 — 45, Approve the Plans and: tions and Authorize Advertisement for Bids, Apollo Drive Phase 4 (3/5 Vote Re 4 ),+ owell — Staff advised the next step in the Public Improvement Process for this . . • •rove the plans and specifications and authorize the advertisement for bids. As pr =E` s d, s=veral actions are required this evening in order to expedite construction of these - nts 's serve the proposed McDonald's restaurant. Staff reviewed the pl ifications in detail. Resolution No. 00 — 45 ro'%es the plans and specifications and authorizes advertisement for bids for the Apollo Drive Ph x" 4 project. Mayor Bergeson inquired about the timing of the installation of a signal light. Staff advised a signal light will be installed eventually. It is a County determination so a specific timeline can not be provided. Council Member Dahl moved to adopt Resolution No. 00 — 45, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Mayor Bergeson inquired about the construction schedule of the McDonald's. Staff advised construction is schedule to being June 20, 2000. The project will take approximately 60 days to complete. Resolution No. 00 — 45 can be found in the City Clerk's office. 8 • • COUNCIL MINUTES APRIL 24, 2000 Project Update, Otter Lake Service Road, John Powell — Staff advised the Otter Lake Service Road project was initiated by the City Council in 1996. The proposed roadway connects the previous Otter Lake Road alignment with the new alignment. The proposed improvements include sanitary sewer, watermain, storm sewer, and roadway construction. This project would provide traffic circulation and utility access for the properties located to the southwest of the new Otter Lake Road/Main Street intersection. Access to the property on the south side of Main Street will be provided by this service road. The property owner in this area, Mr. Richard Schreier, objected to this project including the alignment, proposed assessments, and property acquisition. After the city initiated eminent domain proceedings to acquire access to the property, discussions were held between the City, Mr. Schreier, and his attorney. As a result of these discussions, the City agreed to delay construction of the proposed improvements. This would allow Mr. Schreier time to prepare a development concept, including proposed roadways, consistent with his needs and priorities. The City has yet to receive an alternative roadway and development conce.t from the property owner. The City Attorney has stated the delay agreement has expired and that as possession of this property. The City also has a need to construct the improvements to .n.vide infrastructure for the proposed bank on the southwest corner of Otter Lake RE� . theme ce road. The plans and specifications will be prepared and submitted to the City o f• onsideration on May 22, 2000. A detailed history and proposed schedule for this ows: Order Preparation of Report Receive Report and Call Hear' Public Hearing Public Hearin nti Order the Impro e and Order Preparation of P1s and Specifications Declare the Intent to Bond Authorize Eminent Domain Proceeding Receive Plans and Specifications and Authorize Advertisement for Bids Receive Bids and Award Contract Contractor Begins Construction Construction Complete October 28, 1996 (Res. 96-143) November 25, 1996 (Res. 96-151) December 16, 1996 January 13, 1997 February 10, 1997 (Res. 97-09) February 10, 1997 (Res. 97-08) February 10, 1997 (Res. 97-09) May 22, 2000 June 26, 2000 July 1, 2000 September 1, 2000 COUNCIL MINUTES APRIL 24, 2000 Staff advised a meeting was held with Mr. Schreier regarding this issue. Mr. Schreier indicated he has additional details to work out with the bank regarding the purchase agreement. Mr. Schreier has requested Council delay the plans until the next Council meeting. Staff recommended Council delay the preparation of the plans until the next Council meeting. Council Member Carlson inquired about Mr. Schreier's intent regarding the delay. Staff advised Mr. Schreier is requesting the delay to iron out details with the bank. Council Member Carlson suggested Mr. Schreier be invited to a Council work session to discuss this issue. Staff advised another meeting is going to be held regarding the roadway needs. Staff indicated they will invite him to the Council work session. Council Member Reinert moved to delay commencing the plans to the May 8, 2000, Council meeting. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 00 — 46, Adopt TH 242/CSAH 14 Access Mana s (3/5 Vote Required), John Powell — Staff advised the May 1999 Access an was reviewed in detail at the April 5, 2000, Council work session. The City sation of this study through direct cost sharing and staff time spent serving Advisory Committee. The study was prepared to evaluate the ability of the CStreet) corridor to serve the local communities and to connect regional transportatis now and in the future. It also provides uniform guidance to local communities re „anagement. The main goals as stated in the study were as follows: 1. Maintain an ac el oldmobility 2. Reduc al for safety problems 3. Promote ' ro . nate property access 4. Facilitate cooperation between agencies and jurisdictions for implementing the Plan Anoka County is requesting the City formally adopt this access management plan and incorporate its recommendations into the City ordinances and review procedures. Council Member Carlson referred to page 19 of the study relating to accesses. She expressed concern regarding the limited number of accesses. Staff advised each access will be evaluated on a case by case basis. The study will be used as a guideline for developing the area. Council Member Carlson inquired about the amount of flexibility in the plan. She stated that over time there will be a great decrease in the number of accesses with an increase in development. She inquired about the timeline for the proposed new route to 35E. 10 COUNCIL MINUTES APRIL 24, 2000 Staff advised a scope of the 35E study will be presented at a May, 2000, Council work session. The study regarding the connection will be done this summer. Staff advised they are hesitant to pursue a new corridor through undeveloped property. Council Member Carlson stated that homes will not be built to close to the road if a road is developed through underdeveloped property. She stated she will support the study but noted the study needs flexibility. Staff reviewed the advantages of using existing roadways to create a new route. Mayor Bergeson inquired about any obligation with approving the study. Staff advised the City is not obligated to the study. The City will be obligated to study a new route. Council Member Reinert moved to adopt Resolution No. 00 — 46, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 46 can be found in the City Clerk's office. PUBLIC HEARING, FIRST READING, Ordinance No. 99 nry a �l t' k Peninsula Easement Vacation (4/5 Vote Required), John Powell — S f �� se �F s item was continued at the March 27, 2000, City Council meeting. The parties reed to mediation through Anoka County. The mediation effort on this spec ediation Services of Anoka County was discontinued. However, a judge has ordered of another litigation issue involving the same parties. Staff understands that the hwill again be discussed as part of this other mediation. This other mediatio a s to begin on April 19, 2000. Staff recommended Council c Mayor Bergeson open ite `"" to the May 22, 2000, Council meeting. is hearing at 7:45 p.m. Council Member Dahl e o continue PUBLIC HEARING, FIZST READING, Ordinance No. 99 — 17, Oak Brook Penins Easement Vacation to the May 22, 2000, Council meeting. Council Member O'Donnell seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS Goal Setting Survey, Dan Tesch — Staff advised a meeting was held with the consultant regarding team building. A survey is being developed regarding Council priorities and goals. Discussion of Monopoles, Dan Tesch — Staff advised a discussion regarding monopoles within the City will be held at the next Council work session. A request has been made regarding free standing monopoles. 11 COUNCIL MINUTES APRIL 24, 2000 Meeting Time for Board Applicants, Dan Tesch — Staff requested the Council schedule a special meeting to meet with City Board applicants. The informal closing of applications will be at the end of • this week. The Council can extend the time period for another week. Council determined a special meeting will be held on May 8, 2000, 5:00 p.m., to interview City Board applicants. Council also determined the application period will be extended for an additional week. NEW BUSINESS - None COMMUNITY CALENDAR APRIL 24, 2000 THROUGH MAY 8, 2000: City Council Meeting, Monday, April 24, 2000, 6:30 p.m. Environmental Board Meeting, Wednesday, April 26, 2000, 6:30 p.m. Council Work Session, Wednesday, May 3, 2000, 5:30 p.m. EDAC, Thursday, May 4, 2000, 7:00 a.m. Special Council Work Session, Friday, May 5, 2000, 7:00 Council Goal Setting Meeting, Saturday, May ������ m. —11:30 a.m. City Council Meeting, Monday, May 8 ADJOURN There being no further busi u Member Dahl moved to adjourn at 7:50 p.m. Council Member Reinert secotion. Motion carried unanimously. These minutes were co e'er' i and approved at the regular Council Meeting, May 8, 2000. y - el Gaustad, City Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. Joh 12 4 erges , Mayor