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
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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.
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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.
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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.
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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,
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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.
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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.
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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.
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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.
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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
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erges , Mayor