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HomeMy WebLinkAbout06/12/2000 Council MinutesCOUNCIL MINUTES JUNE 12, 2000 CITY OF LINO LAKES MINUTES DATE : June 12, 2000 TIME STARTED : 6:30 P.M. TIME ENDED : 7:25 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, Barry Sullivan; City Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); and City Clerk, Ry-Chel Gaustad SETTING THE AGENDA Mayor Bergeson noted that Item 1D, Consider Peddlers License, need it will be removed from the Consent Agenda and considered as Ite revised agenda, has been removed from the agenda. The agenda was approved as amended above. • CONSENT AGENDA consideration so tem 6B, per the Council Member Dahl moved to appy nt"'Agenda, as amended. Council Member Carlson seconded the motion. M i n mously. ITEM MINUTES: Revised May 3, 1 $ Council Work Session Meeting Approved May 8, 2000, Council Meeting Approved May 10, 2000, Special Finance Work Session Meeting Approved May 17, 2000, Council Work Session Meeting Approved May 17, 2000, Special Work Session Meeting Approved DISBURSEMENTS: May Manuals - $13,370.42 Approved ACTION 1 COUNCIL MINUTES JUNE 12, 2000 June 12, 2000 (Check No. 59015 — 59124, $244,022.49) Approved Centennial Fire District A Approved Centennial Fire District B Approved Block Party Application OPEN MIKE No one else appeared under open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consider 2000 Liquor License Renewals (3/5 Vote Required), Ry-Chel Gaustad — Staff Approved presented 2000 liquor license renewal for the 49 Club and results fro check for the 49 Club and Shirley Kaye's. Staff recommends esta regularly scheduled Council Work Session Wednesday, August background results and action to be taken. 'nal background ing date on the ider the Council Member Dahl moved to approve the 49 C or license, as presented. Council Member Carlson seconded the motion. Council Member O'Donnell moved t compliance issues with 49 Club motion. Motion carried unan ecf unanimously. ugust 2, 2000 hearing date to consider Council Member Dahl seconded the Consider Peddler's se, -Chel Gaustad - Staff advised the City received a peddler's license application fro ;, ,: a tello of Southwestern Company to solicit door-to-door educational study guide � an. looks, and early learning products. Mr. Zantello complied with all provisions of the Cit ode for obtaining the necessary license, including the background check. Staff advised that Police Detective Matt Vana conducted a contact and criminal background check and the results of that investigation indicate criminal activity.. Council Member Carlson noted the indication the criminal activity was related activity. Ms. Gaustad explained that after further investigation, specifics were learned about the past criminal activity and it was determined it was not related. The City Attorney advised he received a short memorandum from the Police Department addressing this incident in Michigan and guilty plea to disorderly conduct. He noted State Statute address how to grant and deny licenses. To deny, a finding must be made that the activity was directly related to the license. However, based on the new information from the Police Department, it is his view that there is not sufficient basis for denial. He recommended the Council grant the license or table the application and allow the Police Department to obtain 2 COUNCIL MINUTES JUNE 12, 2000 further details and conduct a hearing so the Council can make the findings required by State Statute that there is a direct relationship between the criminal conviction and peddling activity. Council Member O'Donnell asked if the application recently considered by the Council was with this same company to solicit educational materials and the term of the license. Ms. Gaustad stated that is the same company and that the peddler's license is good for six months. Council Member O'Donnell asked if the two licensees would be coordinated to assure they are not soliciting from the same neighborhood. Ms. Gaustad stated there is coordination among the participants. Council Member Reinert moved to approve the peddler's application of Joshua Zantello, Southwestern Company, for a period of six months based on the rationale that the criminal conduct was not related and if a problem arises, the license will not be renewed. Council Member Dahl seconded the motion. Council Member Carlson stated this is a difficult decision since the or �'"_::. ge was receiving stolen property but the guilt plea was for a lesser charge of disorde, Staff provided details of the criminal case against the applic , ch ted in disorderly conduct not receiving and concealing stolen goods. The City Attorney noted that disqualification fro e must be based on a conviction, not allegations or police reports. Council Member Reinert asked if consider findings of denial fo The City Attorney sta file a suit. He stated i scheduled and findings h . ' any method of recourse if the Council were to ation. ho applies for a permit and is denied has the opportunity to wants to consider denial, a hearing would need to be Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA — None. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER — None. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Rehbein Companies/Centennial School District, Lake Drive / 4th Avenue, Minor Subdivision, Mary Kay Wyland - Staff explained this item involves a joint application by Rehbein Companies and Independent School District #12 for two minor subdivisions that will formulate a land exchange made when the Centennial Middle School was constructed. The first parcel is immediately north of the school and was originally part of a triangular piece of property 3 COUNCIL MINUTES JUNE 12, 2000 sold by Rehbein to the School District. The request is to split off the easterly 7.54 acres of this parcel of property with ownership retained by Rehbein Companies. When the School District property was rezoned to PSP, this parcel remained zoned Industrial at the City's recommendation. This parcel will remain a part of the Rehbein Industrial area to the north and east. The second parcel of property is approximately 5.04 acres between Fourth Avenue and Lake Drive just north of Don's Circle Service. The request is to split this parcel into a 1.56 acre piece with frontage on Lake Drive and a 3.48 acre piece adjacent to the school property. The 3.48 -acre parcel contains a large drainage/ponding easement for the School District site. The property is currently owned by Rehbein but will be transferred to the School District upon approval of the subdivision. Both parcels are zoned Light Industrial and meet the minimum requirements for a LI zoning district. Staff recommends approval of this minor subdivision as requested with the following condition: 1. Twenty feet (20') of additional right-of-way shall be dedicated from Parcel A to Anoka County providing a total of 60' from the centerline of Lake Drive. Council Member Dahl inquired regarding the location of the Midd :.1 p :_;. erty. Ms. Wyland pointed out the location of School District property. Council Member Carlson stated she has received quest .,��_ ;r f: re is about this issue. She asked about the existence of a written agreement. �. ' ' 1.+ a ated staff is not aware of what type of agreement exists between the School Dist `; ehbein. Council Member Carlson asked if the t' ' '' :�� a ownership of these parcels. She requested copies of School Board meeting :f en ` is was approved and that the transaction be placed in writing. Ms. Wyland stated th' e re the Council is the minor subdivision and the City has no authority over the disp a property. Mark Vargo, Rehbein C anies stated there g , p is a written and signed purchase agreement for these land trades. Council Member Carlson stated she would like a copy of this document. She indicated since there is no rush for this decision, there are questions, and it is important for the City to have an opportunity to review the agreement, she would support tabling this consideration. Mr. Vargo asked Council Member Carlson what questions she has. Council Member Carlson stated she is not arguing the value of the trade but she received information showing the School District is getting 3.5 acres of a pond that serves all 4 sides, not just the School District side. Also, the developer is getting 9.10 acres of valuable industrially zoned land with frontage on Lake Drive and the freeway. She stated she is receiving questions and would like a copy of the purchase agreement. 4 COUNCIL MINUTES JUNE 12, 2000 Mr. Vargo noted the School District is getting two parcels that abut Lake Drive where their drive is located and is identified on the map provided to the Council. Mayor Bergeson stated he does not believe ownership makes any difference in this consideration, which is a zoning issue for a minor subdivision. Ms. Wyland clarified that the pond has been specifically designed for the school and its properties, not for surrounding properties. If surrounding properties develop, additional drainage will need to be provided. Council Member Dahl stated this was presented at the work session as being a verbal or handshake agreement. She stated she is not concerned about the costs involved but would like to be assured there is a written purchase agreement before making a decision. Mr. Powell stated he made the presentation at the Work Session and understood there was no written agreement, nor has he seen a copy of a written agreement. Mark Vargo provided copies of the purchase agreement. In response to Council Member Dahl, Mr. Vargo noted this he has a meeting scheduled with the School District ne filing. He noted the School District is already usi Ms. Waite Smith noted the School Board District and asked if the Council is ov taken by the School Board. The City Attorney stated th ownership affects the zoning. She explaine City's intent that parcel subdivision taking place on for a long time and e the agreements and or their road and pond. ake decisions on behalf of the School unsdiction by questioning an action already of who owns the property but whether this change in oning. Ms. Wyland stated there is no anticipated change in he School District purchased the triangular parcel it was the remain with Rehbein for development at a later date with the ce that development was certain to assure there was adequate space for access, etc. She stated there are no other agreements pending on this parcel and advised of the documents required for a subdivision consideration. Ms. Wyland stated the City has received all of the information needed to consider a subdivision request. Council Member Carlson moved to table consideration to the June 26, 2000 Council meeting with discussion at the next Work Session. Council Member Dahl seconded the motion. Council Member Carlson noted the information was provided to the Council just before the meeting tonight and she found the ownership of this property was not clear. She stated the Council was told there was an oral contract made four years ago but tonight it has been learned there is a written contract. She noted this process has been going on for four years so she does not think two weeks will make a big difference. 5 • COUNCIL MINUTES JUNE 12, 2000 Council Member Reinert stated this is clearly a zoning issue and has nothing to do with ownership. However, the Council is discussing there is a lack of information and that more information has been provided tonight. He stated if there is no sense of urgency, postponement to the next meeting makes sense since the Council is the representatives of the residents and needs to be informed and able to answer questions. Mr. Vargo stated the information provided tonight is not revenant to the zoning issue, it relates to the ownership, which is not an element that needs to be looked at. He stated his preference for approval tonight so it is completed when he meets with the School District next week. Council Member Carlson noted the ownership of the largest parcel is with the public so she supports a delay to assure a thorough review. Mayor Bergeson stated when the school was built the Council had this same discussion to determine whether the school needed that parcel for any function. The Council was told the School did not need any more property and it was the City's intention that it would be made part of the industrial park. Motion carried 3 - 2 (Bergeson and O'Donnell). PUBLIC HEARING - Resolution No. 00-64, Adopt 2nd Additions, John Powell (To Be Opened an the proposed resolution will set the date for a 'ub order to provide published and mailed not hearing must be held on June 26, 200 will be held on June 26, 2000. Twilight Acres 1st and June 26, 2000) - Staff advised on June 12, 2000. However, in is in accordance with State statues, the and mailed notices indicate the hearing Council Member Dahl moPublic Hearing for Resolution Number 00 - 64, Adopt Assessment Roll, Twi ' A 1st and 2nd Additions, and continue the hearing to the June 26, 2000 Council meeting. i ember O'Donnell seconded the motion. Motion carried unanimously. Consideration of Resolution No. 00-33, Petition for Public Improvements in the Bluebill Ponds Subdivision Area, (3/5 Vote Required), John Powell - Staff advised that the City received a petition from the owners of the Bluebill Ponds property requesting sanitary sewer, water, street, and drainage improvements. The Planning and Zoning Commission on June 14, 2000 will consider the Bluebill Ponds preliminary plat. Staff advised of the placement of utilities and two studies that will be conducted. Staff recommends adoption of Resolution No. 00 - 33. Mayor Bergeson asked about access to Main Street. Mr. Powell stated the developer has reached an agreement with the House of Praise Church and the sole access to this development will be from Wood Duck Trail. Council Member Carlson moved to adopt Resolution No. 00 — 33, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. COUNCIL MINUTES JUNE 12, 2000 Resolution No. 00 - 33 can be found in the City Clerk's office. Consideration of Resolution No. 00-68, Construction Contract, Apollo Drive Phase 4 Improvement, John Powell - This item was removed from the agenda upon its adoption. Consideration of Resolution No. 00-69, Approve Payment (final) and Change Order, Apollo Drive Phase 3, John Powell - Staff advised that the contractor for the Apollo Drive Phase 3 project is requesting approval of Payment No. 4 (final) in the amount of $72,411.07. Staff reviewed the project costs and payments made to date. It was noted that the quality of work has been verified by the City's resident project representative and accurately represents the work tasks completed. Staff recommends adoption of Resolution No. 00 - 69. Upon approval, Staff will request reimbursement from Anoka County for the construction of Apollo Drive. Council Member O'Donnell moved to adopt Resolution No. 00 - 69, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 - 69 can be found in the City Clerk's office. Consideration of Resolution No. 00-70, Approve Paymen o. )'and Change Order No. 2, 1999 Wearing Course and Trail Paving, John e - advised that the contractor for the 1999 Wear Course and Trail Paving Projec_ e approval of Payment No. 3 (final) in the amount of $16,399.58. Staff review ject costs and payments made to date. It was noted that the quality of work has b R e City's Resident Project Representative and accurately represe' s s completed. Staff reviewed the work included in the two change orders ' n d adoption of Resolution No. 99 - 70. Council Member Dahl mo op ° esolution No. 00 - 70, as presented. Council Member Reinert seconded the otion carried unanimously. Resolution No. 00 - 70 • e ` ound in the City Clerk's office. UNFINISHED BUSINESS - None NEW BUSINESS - None COMMUNITY CALENDAR JUNE 12, 2000 THROUGH JUNE 26, 2000 City Council Meeting, Monday, June 12, 2000, 6:30 p.m. League of Minnesota Annual Conference, Tuesday, June 13, 2000 Planning and Zoning Board Meeting, Wednesday, June 14, 2000, 6:30 p.m. Council Work Session Meeting, Wednesday, June 21, 2000, 5:30 p.m. 7 COUNCIL MINUTES JUNE 12, 2000 City Council Meeting, Monday, June 26, 2000, 6:30 p.m. ADJOURN There being no further business, Council Member O'Donnell moved to adjourn at 7:25 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, July 10, 2000. eicotgae hel Gaustad, City tY Clerk Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. 8 John : = rgeson, Mayor