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HomeMy WebLinkAbout05/08/2000 Council Minutes• • COUNCIL MINUTES MAY 8, 2000 CITY OF LINO LAKES MINUTES DATE : May 8, 2000 TIME STARTED : 6:30 P.M. TIME ENDED : 7:45 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; City Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); Public Services Director, Rick DeGardner; Police Sergeant, Steve Mortenson (part); Fire Chief, Milo Bennett (part); SETTING THE AGENDA Item 1E, Proclamation Recognizing Police Week, May 14 — May 2► .'? moved to Item 4B. Mayor Bergeson advised those present that the Highway 49 be a meeting scheduled with the City Council, County s the project. He advised residents to leave their n Council chambers. The amended agenda was approved a CONSENT AGENDA the agenda. There will is in June, 2000, to discuss on a notification list outside the Council Member Dah ve approve the Consent Agenda, as presented. Council Member Carlson seconded the tion carried unanimously. ITEM ACTION MINUTES: March 27, 2000, City Council Meeting April 5, 2000, Council Work Session April 10, 2000, City Council Meeting April 12, 2000, Council Work Session April 19, 2000, Council Work Session Approved Approved Approved Approved Approved COUNCIL MINUTES MAY 8, 2000 DISBURSEMENTS: March Manuals - $2,227.00 Approved May 8, 2000, 2000 (Check No. 58769- 58845, $216,947.99) Approved Centennial Fire District Approved Resolution No. 00 — 56, Authorizing City Staff To Abate Eight (8) Special Assessments in Clearwater Creek 3rd Addition Approved Resolution No. 00 — 57, Transferring $155,783.00 From Area & Unit Fund to General Fund Effective December 31, 1999 Approved OPEN MIKE Mr. Brian Thorson, 6013 Hodgson, came forward and asked • if t'staff has been in contact with the City of Shoreview. He stated the. City of Shor c ted residents and advised there is nothing in the City's Comprehensive Plan . 'n s for a four -(4) lane highway. He stated that a project this massive is a waste of o ::.pending. He asked how the Council Members feel about the project. Council directed staff to contact t �. , f •re iew regarding this issue. Mr. Thorson continued stat' • ents have signed a petition. He distributed a copy of the petition to Council M a ers. asked that residents be kept up to date regarding the project. Mr. Dennis Hatton, 61 o. _son, came forward and referred to a letter sent by the County regarding the project. He stated re `• ents need to know if the project is cut and dried. Mr. Ken Reichert, 6669 Pelican Place, came forward and stated many more residents would be present this evening if they had known they could speak under open mike. He stated that no one questions that the road needs improvements, however, a four -(4) lane highway is a waste of money. He stated he has lived in the community for ten years and the bridge is old. A four -(4) lane highway will not alleviate the safety concerns. A two -(2) lane highway with turn lanes and stoplights is needed. There are no other four -(4) lane highways within the City. He noted he is not concerned about losing property. His concern is safety. Ms. Therese Kroonblawd, 6672 Sand Hill Drive, came forward and stated a four -(4) lane highway indicates an industrial area. The area is residential. 2 COUNCIL MINUTES MAY 8, 2000 Council Member Carlson advised Council Members received calls from residents after the informational meeting. Residents have expressed concern regarding their input into the project. The County Commissioner has indicated the City does have approval of the project. The City Engineer was directed to schedule a meeting with Anoka County and residents regarding Hodgson/Co. Rd 49. This item will be scheduled for discussion during the Lino Lakes City Council's work session on Wednesday, June 7, 2000 at 5:30 p.m. No one else was present for open mike. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Present Proposed Fire District Budget for 2001 (3/5 Vote Required), Milo Bennett — Staff reviewed the Centennial Fire District 2001 Budget. The budget has been presented to the Fire District Steering Committee and they have recommended that it be brought forth to the City Councils. The budget contains a 4.21% increase over the 2000 budget. Council Member Dahl moved to approve the 2001 Centennial Fire Di „x; get, as presented. Council Member Reinert seconded the motion. Motion carried un Proclamation Recognizing Police Week, May 14 — May 2 advised Police Week was designed to recognize the se and day, unselfishly stand guard in our communiti Americans. On October 1, 1962, John F. Kenned each year as Peace Officer's Mem May 15 occurs as Police Wee Staff requested Coun May 14 to May 20, 20 Lino Lakes. ant Mortenson — Staff e men and women who, night the lives and property of their fellow nt of the United States, proclaimed May 15 of th= calendar week of each year during which such dge and read the proclamation in the City's support of designating Week, and May 15 as Peace Officer's Memorial Day in the City of Mayor Bergeson read the Proclamation Police Week 2000. Council Member Reinert moved to approve the Proclamation Police Week 2000, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. A copy of Proclamation Police Week 2000 can be found in the City Clerk's office. ADMINISTRATION DEPARTMENT REPORT, LINDA WAITE SMITH Resolution No. 00 — 48, Requesting & Encouraging the Anoka County Commission to Record or Televise the Anoka County Commission Meeting (3/5 Vote Required), Dan Tesch — Staff advised the Anoka County Board of Commissioners appears to be one of the last elected bodies in the metropolitan area that do not broadcast their public meetings. The North Metro Telecommunication 3 COUNCIL MINUTES MAY 8, 2000 Commission (NMTC) have been receiving calls from County residents wondering why they can not view the commissioners as they do their City Councils. The Commission (NMTC) felt that if City Councils in Anoka County prepared a resolution requesting that the County Commissioners begin televising their meetings, they might reconsider their decision. Council Member O'Donnell moved to adopt Resolution No. 00 — 48, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 00 — 48 can be found in the City Clerk's office. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER SECOND READING, Consideration of Ordinance No. 06 - 00, Offering the Sale, by the city of Lino Lakes, of Lots 1 and 2, Block 2, Rice Lake Estates (3/5 Vote Required), Rick DeGardner — Staff advised Ordinance No. 06 — 00 relates to the sale of two (2) lots on Sandhill Drive that were deeded to the City in 1988 to fulfill park dedication requirements for the Rice Lake Estates Development. With the recent development of the park behind the we the two (2) lots are not needed. The lots were put on the market on March 22, 2000, with an : _.ri •$36,900. Joe Meyer Homes submitted an offer for the full asking price on A 0�� e purchase agreement is contingent upon two (2) additional soil borings be' the City's expense to ensure that the existing soils are acceptable since significant = 1 co tion will be necessary to provide a suitable building pad. The purchase agreement is .r'n the City Council approval. The first reading of that ordinance Assuming the second readin Dedication Fund will be pr d a the April 24, 2000, City Council meeting. , a "'- solution designating the proceeds to the Park City Council for consideration. Council Member Dahl t. pprove SECOND READING of Ordinance No. 06 — 00, as presented. Council Me r Donnell 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. Ordinance No. 06 — 00 can be found in the City Clerk's office. Resolution No. 00 — 56, Designating Proceeds from Sale of Lots 1 and 2, Block 2, Rice Lake Estates to Parks (3/5 Vote Required), Rick DeGardner — Staff advised Chapter XII Section 12.05 of the City Charter permits the City Council to designate the proceeds of the sale of real property by resolution. Ordinance No. 06-00 relates to the sale of two (2) lots on Sandhill Drive for the purchase price of $36,900. It is estimated that $33,000 will remain after expenses of the additional soil borings, title commitment, deed tax, and closing costs are paid. 4 COUNCIL MINUTES MAY 8, 2000 Staff and the Park Board are recommending that the City Council designate the proceeds to the Park Dedication fund to provide revenue for parks and trails development. Park Dedication funds were used for the development of Rice Lake Estates Park. This included playground equipment, basketball court, irrigation, seeding, and trail leading to Baldwin Park. If the City Council determines that the Park Dedication Fund is not an appropriate designation for these funds, the proceeds could be placed in the General Fund and designated for any purpose determined by Council. Council Member Carlson moved to adopt Resolution No. 00 — 56, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 00 — 56 can be found in the City Clerk's office. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL SECOND READING, Ordinance No. 07 — 00, Vacation of 79th ote Required), Mary Kay Wyland — Staff advised this is the second reading of Ordi c o. s 'y. '10, Vacating the 79th Street Right -of -Way replatted as Highland Meadows West. e n ' - d a public hearing on April 24, 2000, to consider the first reading. This vacat' i eli to future title problems for properties within the plat affecting Lot 1 Block 11 ock 10, Outlot D and the Exception parcel. Staff recommended approval of the SOrdinance No. 07 — 00, Vacating 79th Street as described in the Ordinance. Council Member O'Donnelt• prove SECOND READING of Ordinance No. 07 — 00, as presented. Council seconded the motion. Council Member Carlsot= s yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Council Me '°` • er Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Ordinance No. 07 — 00 can be found in the City Clerk's office. PUBLIC HEARING, FIRST READING, 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. The roadway is currently unused and inaccessible from the east. The City has determined that the road right-of-way is not needed for public purposes, however, the City will need to retain a drainage and utility easement over the vacated right-of-way. COUNCIL MINUTES MAY 8, 2000 The City has received a letter from the Minnesota Correctional Facility Physical Plant Director indicating no objections to the roadway vacation provided the drainage/utility easement is maintained. The Correctional Facilities utilities are currently within the 74`s Street right-of-way. Staff recommended approval of the first reading of Ordinance No. 08 — 00 as stipulated in the City Charter. Mayor Bergeson opened the public hearing at 7:07 p.m. Council Member Carlson stated staff has answered her questions regarding access for emergency vehicles. She advised there is a possibility of a cul-de-sac to the west if necessary. Council Member O'Donnell requested clarification regarding the difference of an easement and right- of-way. The City Attorney advised this action is vacating the street portion and retaining the utility portion of the easement. Council Member O'Donnell moved to close the public hearin seconded the motion. Motion carried unanimously. Council Member O'Donnell moved to approve presented. Council Member Reinert seconded th Council Member Carlson voted yea. uncil Member Carlson of Ordinance No. 08 — 00, as er ahl voted yea. Council Member O'Donnell voted yea. Council Member Rein yor Bergeson voted yea. Motion carried unanimousl Ordinance No. 08 — 0 d in the City Clerk's office. Variance for 6280 Wa Road, David Pearson (3/5 Vote Required), Mary Kay Wyland — Staff advised Mr. David Pearson is requesting a variance to allow a single family home at 6280 Ware Road to be located closer than the required 40' from the property line on a collector roadway. The Ordinance requires a minimum setback of 40'. The applicant has redesigned the proposed dwelling to minimize the setback required which will be 28.99' at the north/west corner and 36.59' at the south/west corner. The variance requested ranges from 11.01' to 3.41' on the Ware Road side of the property as indicated on the survey dated 4/30/00. The 11.1' variance applies to the north/west corner of the 6' x 12' bedroom area extension as shown on the plan and is then reduced to a 3.41' variance at the south/west corner of the attached garage. The garage entrance will be from Coyote Trail. This request has been modified from the Planning and Zoning Board meeting by moving the dwelling 1' closer to Ware Road to allow construction of a retaining wall on the easterly side of the home adjacent to some steep grades. A revised survey was prepared and reviewed by the City Engineer who indicated that the proposed retaining wall was unacceptable. City Ordinance allows a maximum 6 • COUNCIL MINUTES MAY 8, 2000 wall height of 42" with a 3' landing on tiered designs. The applicant does have 10' in which to construct this wall, however, the City would need additional detail to insure no work occurs in the wetland. Alteration or work within the wetland would require permitting from the Rice Creek Watershed District. This particular lot is the only vacant lot in the Pine Ridge 3rd Addition. The parcel contains a large wetland/drainage easement constricting the buildability of the lot and constituting a hardship to the land. For Council information, the Pine Ridge Additions contain restrictive covenants that require all homes to be within a specified value range. According to the builder/owner, this home, at this size, falls within the value range required, a smaller dwelling would not meet that requirement. City Ordinance does not provide enforcement of this private covenant. 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 e use if used under conditions allowed by the official controls. 2. That the plight of the landowners this property not created by the lan 3. That the hardship i al circumstances unique to mic considerations alone and when a reasonable use for the under the terms of the ordinance. 4. That gr e requested will not confer on the applicant any special privi d be denied by this ordinance to other lands, structures, or buildin th e district. 5. t proposed actions will be in keeping with the spirit and intent of the ordinanc The Planning and Zoning Board reviewed this item at their April 14, 2000, meeting and recommended approval with the conditions that an elevation survey be provided prior to Council action. This survey has been provided, however, additional detail indicating that the proposed retaining wall meets with City specifications will be required prior to issuance of any building permits. Staff recommended approval of the variance to allow a dwelling to be constructed with a setback of 28.99' to 36.39' from Ware Road based on conditions. Mayor Bergeson noted the recommendation relating to a retaining wall did not come from the Planning and Zoning Board. He asked if the applicant is aware of the details on the retaining wall. COUNCIL MINUTES MAY 8, 2000 Mr. Pearson indicated he is aware of the details and if fine with the recommendation. Council Member Carlson moved to approve variance as requested based on the following conditions: 1. A detailed drawing of the proposed retaining wall, conforming to City specifications as outlined in Section 3, Subd. 4 T. 1.a. of the Zoning Ordinance is submitted prior to issuance of any building permits. 2. Any work within the wetland easement will require permitting from the Rice Creek Watershed District. 3. The Variance is recorded with Anoka County as required by State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Project Update, Otter Lake Service Road, John Powell — Staff advised this project would provide traffic circulation and utility access for the properties located to the so • f the new Otter Lake Street will be er, watermain, storm Road/Main Street intersection. Access to the property on the sout provided by this service road. The proposed improvements inc sewer, and roadway construction. The City agreed to delay construction of the propo prepare a development concept, including pro . os priorities. The roadway now needs to be proposed bank on the southwest corn In response to a request from specifications for this proje other nearby property 1. nts to allow Mr. Schreier time to ys, consistent with his needs and er to provide infrastructure for the e oad and the service road. r, th City Council delayed commencement of the plans and 24, 2000, meeting. After meeting with Mr. Schreier and f is recommending the following: improvement north of, and abutting, the proposed bank site will be construct '• at this time. This will consist of about 300 feet of roadway and utility construction. 2. The City will prepare plans and specifications for these improvements. 3. Mr. Schreier will be allowed to contract for, and construct, the improvements as a "developer installed" project. 4. The improvements will be turned over to the City after completion and acceptance. Staff advised no Council action is being requested. If the Council does not object, staff will proceed consistent with the above recommendation. 8 COUNCIL MINUTES MAY 8, 2000 Staff noted Mr. Scheier will reimburse the City for a proportional part of the right-of-way. Details will be worked out in the Development Agreement. The Development Agreement will require Council approval. Council Member Carlson thanked staff and the property owners for working on and finding a solution for this issue. Conditional Use Permit, Site Plan Review and Minor Subdivision for Lino Lakes State Bank (3/5 Vote Required), John Powell/Mary Kay Wyland — Staff advised the Lino Lakes State Bank is requesting a conditional use permit, site plan review and minor subdivision to allow the construction of a branch bank at Otter Lake Road and a "to be constructed" new roadway. The property is Zoned GB, General Business and guided for commercial development in the current and draft comprehensive plan. A bank building with drive-through capacity requires a conditional use permit. Staff reviewed the site plan in detail noting the criteria used to evaluate a conditional use permit and drive-through facility. The Planning and Zoning Board held a public hearing on this item at their April 12, 2000, meeting and recommended approval of the minor subdivision, site plan review and conditional use permit based on the following conditions: 1. A survey document indicating building of building permits. 2. A cash dedication fee, base permit. ided prior to issuance ance, is submitted with the building 3. The western p hifed to within 10' of the side property line providing a 40' set t astern side of the side. The site plan and landscaping plan shall be eflec this revision. 4. insure c and co ding permits are obtained and include a 1-% escrow deposit to f site improvements. Building plans will be subject to the review our CPTED Officer. 5. A photometric lighting plan is submitted prior to issuance of any building permits and approved by City staff. 6. Sign permits are obtained prior to installation. 7. Utility, grading, and drainage plans are subject to the review and approval of the City Engineer. 8. Permits are obtained from the Rice Creek Watershed District prior to any site work. 9. Concerns addressed by the City Engineer in his memo of 4-6-00 are addressed prior to any site work. COUNCIL MINUTES MAY 8, 2000 10. The trash handling area is screened as approved by City staff. 11. A shared driveway agreement is provided prior to issuance of building permits and approved by the City Engineer. Council Member Carlson referred to the memo from the City Engineer. She asked if the City Engineer has any special concerns. Staff advised some of the points in the memo are details of the plan and some are minor changes. All points will be addressed. Council Member Carlson moved to approve minor subdivision based on the staff report and above conditions. Council Member O'Donnell seconded the motion. Motion carried unanimously. Council Member O'Donnell moved to approve site plan review based on the staff report and above conditions. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Dahl moved to approve conditional use permit based on the staff report and above conditions. Council Member Reinert seconded the motion. Motion c imously. Resolution No. 00 — 49, Receive Bids, Twilight Acres 1st an ' s i 3/5 Vote Required), John Powell — Staff advised sealed bids were received and h4 o • at 10:00 p.m. on May 5, 2000. The following low bid was received from C.W. Base Bid Alte B r: Total Bid Amount $234,468.00 ,, , ' $357,496.45 The low bid is approximately 127 copy of the complete bid tabu assessment hearing is held Staff noted this resolu ngi eer's Estimate for this project. Staff referred to a aw .'' of this contract will be delayed until after the period expires. eives the bids. Council Member O'Don 11 inquired about the extra $237,000 of expenses for this project. Staff advised the expenses include soil borings, engineering, administration costs and trunk fees. Council Member Dahl moved to adopt Resolution No. 00 — 49, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 00 — 49 can be found in the City Clerk's office. Resolution No. 00 - 50, Declare Costs to be Assessed and Order Preparation of Proposed Assessment, Twilight Acres 1st an and rd Additions (3/5 Vote Required), John Powell — Staff advised that based on the bids received for this project, and other project -related engineering, legal, and administrative costs, the total project costs has been estimated at $453,571.45. This is about 16% under the estimated project costs presented at the public hearing last November. 10 COUNCIL MINUTES MAY 8, 2000 State Statues and the Lino Lakes City Charter require a formal resolution ordering preparation of an assessment roll for improvement projects. Council Member Carlson moved to adopt Resolution No. 00 — 50 , as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 50 can be found in the City Clerk's office. Resolution No. 00 — 51, Set Hearing on Proposed Assessments, Twilight Acres 1st and 2nd Additions (3/5 Vote Required), John Powell — Staff advised Resolution No. 00 — 51 sets a date for the public hearing for the proposed assessment for June 12, 2000. Council Member Reinert moved to adopt Resolution No. 00 — 51, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 00 — 51 can be found in the City Clerk's office. Resolution No. 00 — 52, Receive Bids and Award Construction Co and Trail Paving (3/5 Vote Required), John Powell — Staff advi publicly opened at 2:00 p.m. on April 27, 2000. Council actio contract to the lowest responsible bidder. The low bid from North Valley, Inc., in the amou Engineer's Estimate for this project. Staff referre majority of the difference is a result of a 1 higher unit price was assumed based The funding for this work is project. 00 Wearing Course s were received and and a construction 5, is approximately 32% before the y of the complete bid tabulation. The ed unit price for the bituminous mix. A in other cities for similar work. assements to the respective subdivisions included in the The completion date f ._` t is July 14, 2000. Council Member Reine quired about the large difference between the bid and the Engineer's Estimate. Staff advised the bid was assumed higher that normal because of the expected impact of increased oil prices. Council Member Dahl moved to adopt Resolution No. 00 — 52, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 00 — 52 can be found in the City Clerk's office. Resolution No. 00 — 53, Receive Bids and Award Construction Contract, 2000 Surface Water Management Project (3/5 Vote Required), John Powell — Staff advised sealed bids were received and publicly opened at 2:00 p.m. on April 26, 2000. Council action is required to award a construction contract to the lowest responsible bidder. 11 COUNCIL MINUTES MAY 8, 2000 The low bid from Jay Bros., Inc., in the amount of $24,440.04, is approximately 7% above the Engineer's Estimate for this project. Staff referred to a copy of the complete bid tabulation. The funding for this work is provided by the Surface Water Management Fund. This fund was established in 1992 as a revenue source in order to meet the "administrative, planning, ponding, mitigation, and water quality needs" of the City. It is reimbursed through assessments to new subdivisions and is also collected as property owners connect to City utilities. The completion date for this project is August 1, 2000. Council Member Reinert moved to adopt Resolution No. 00 — 53, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 53 can be found in the City Clerk's office. Resolution No. 00 — 54, Municipal State Aid Street Designations (3/5 Vote Required), John Powell Staff advised cities that qualify for participation in the Muni e Aid System (MSAS) are allowed to designate roadways to the system based on the amo d roadways within the City. Each year cities are allowed to revise their MSAS b +i • ng MSAS mileage. Council approval of the additions to the MSAS is required p '' a • recognizing them. The proposed additions to the Lino Lakes Munici stem are as follows: Roadway Fro Elm Street e < a.a ad Fourth Avenue n St = et Andall Street rth Avenue Wood Duck T Main Street To Length (miles) Second Avenue Andall Street Wood Duck Trail Andall Street .549 .716 .710 .294 2.269 After adding these segments, the City will have .493 miles of undesignated MSAS roadways. This mileage will be carried over and considered for designation next year. Council Member O'Donnell moved to adopt Resolution No. 00 — 54, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 54 can be found in the City Clerk's office. UNFINISHED BUSINESS - None NEW BUSINESS - None COMMUNITY CALENDAR MAY 8 THROUGH MAY 22, 2000: 12 • COUNCIL MINUTES MAY 8, 2000 Board Interview, Monday, May 8, 2000, 5:00 p.m. City Council Meeting, Monday, May 8, 2000, 6:30 p.m. Finance Work Session, Wednesday, May 10, 2000, 5:30 p.m. Planning and Zoning Board Meeting, Wednesday, May 10, 2000, 6:30 p.m. Special Council Work Session for the Comprehensive Plan, Saturday, May 13, 2000, 8:00 a.m. to 10:00 a.m. CAG Meeting, Monday, May 15, 2000, 7:00 p.m. Council Work Session, Wednesday, May 17, 2000, 5:00 p.m. City Council Meeting, Monday, May 22, 2000, 6:30 p.m. ADJOURN There being no further business, Council Member Dahl e o a rn at 7:45 p.m. Council Member Carlson seconded the motion. Motion c These minutes were considered and appro hA` Ry-Chel Gaustad, Cit Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. Council Meeting, May 22, 2000. PA; germ"' John Bergeson, Mayor