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HomeMy WebLinkAbout07/10/2000 Council MinutesCOUNCIL MINUTES JULY 10, 2000 CITY OF LINO LAKES MINUTES DATE : July 10, 2000 TIME STARTED : 6:30 P.M. TIME ENDED : 8:10 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch (part); City Attorney, Bill Hawkins; City Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); Public Services Director, Rick DeGardner; Economic Development Assistant, Mary Divine (part); and CMC City Clerk, Ry-Chel Gaustad The Lino Lakes City Council went into closed session at 5:30 pm to d' d transactions. No action was taken. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Dahl move Carlson seconded the moti ITEM MINUTES: June 12, 2000, City Council Meeting June 21, 2000, Council Work Session DISBURSEMENTS: 644 the consent Agenda, as presented. Council Member "ed unanimously. ACTION Approved Approved July 10, 2000, 2000 (Check No. 59293 - 59392, $234,890.35) Approved Manual Checks Approved Centennial Fire District Approved 1 COUNCIL MINUTES JULY 10, 2000 Consider Block Party Application, 534 Linden Lane Consider Block Party Application, 1385 Hunters Ridge OPEN MIKE Approved Approved The Leonard Parker Associates Present the City Council with a Blue Heron (Francis Bulbulian, Craig Andersen), Mary Alice Divine — Staff advised the City moved into the new City Hall one year ago. The building is a fine facility and to acknowledge the building's first year anniversary, a presentation will be made by Mr. Craig Andersen. Mr. Craig Andersen, Architect, came forward and presented a sculpture of a heron. He stated he saw the heron and thought it needed to be displayed in the building. He stated the heron is a token of appreciation from Leonard Parker Associates for being able to design .` ng. Mayor Bergeson thanked him and Leonard Parker Associates f heron. Mayor Bergeson read a statement regarding damage fro Work Department will be picking up damages tre limbs must be placed by the curb and no longer t just west of the old City Hall on Main Str have any questions they can contact C Ms. Ruth Rector, 7165 Sunris mail. She stated her mail i made contact with the her to City Hall. The there is anything else th orm. He stated the Public sh until Tuesday, July 18, 2000. The ngth. A drop off site has also been set up be open until July 30, 2000. If residents e fc ward and explained a problem she is having with her ed to Sunrise Avenue instead of Sunrise Drive. She has ost office to correct the problem. She stated the post office directed t a letter to the postmaster verifying her legal address. She asked if done about this problem. Staff advised the post office in St. Paul has assured the City that at their level the problem will be corrected. The additional problem is the database used by vendors. Staff advised City vendors will be contacted to make the correction. Mayor Bergeson also requested staff to have vendors correct the mailing address to "Lino Lakes" relating to City mail. Mr. Arnie Entzel, 6632 Pelican Place, came forward and stated he is very dissatisfied with the proposed reconstruction of Highway 49. He stated he was unable to attend the public hearing a few weeks back. He stated residents do not want the road to be a four -(4) lane highway. He advised the road can remain a two -(2) lane highway with a widened bridge, more stoplights, and turnout lanes. He advised a lot of traffic can be eliminated with turnout lanes. He asked the City to consider the interests of residents and taxpayers before the Council moves forward. He expressed concern 2 • • COUNCIL MINUTES JULY 10, 2000 regarding the County's plan to reduce traffic on 35W. He stated he wants the residents to have more input relating to this project. Mr. Jeff Heaser, 218 Aggrate Lane, came forward and asked if another meeting has been scheduled regarding the Highway 49 project. He also asked if a task force has been appointed. Mayor Bergeson advised Council has had no further discussion regarding this issue. A follow up meeting has not yet been scheduled. The City Administrator advised the City is waiting for the final verbatim transcription of public input. She stated that once the transcript is complete, it will be distributed to Council Members and the public. Mr. Heaser asked how long the County has the "turn back" money. Staff advised Mr. Heaser should contact the County regarding how long the money is available. Mr. Heaser asked if Council Members will be voting individually reg issue. Mayor Bergeson advised Council Members do vote individual) o ote is an option. All residents will be notified when another meeting is held. Mr. Al DeMotts, 7140 Rice Lake Lane, came forw to the editor regarding a slaughterhouse in the To City to be aware of the problem. uted copies of an article and letters dwin. He stated he wants the Council and Mayor Bergeson advised staff has =,'s i'°sue and will be bringing a draft ordinance forward for Council consideration in t �re. ADMINISTRATIO . w'�, P � � 1 NT REPORT, DAN TESCH There was no Adminis n "r e artment report. P P FINANCE DEPARTMENT REPORT, AL ROLEK There was no Finance Department report. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no Public Safety Department report. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL COUNCIL MINUTES JULY 10, 2000 PUBLIC HEARING, Resolution No. 00 — 64, Adopt Assessment Roll, Twilight Acres 1st and rd Additions (3/5 Vote Required), John Powell — Staff advised on June 26, 2000, the City Council held a public hearing for this project. After receiving public comment, the consideration of the resolution adopting the assessment was delayed to allow staff time to gather additional information. After discussing this matter with the contractor, C. W. Houle, they have agreed to honor their bid even if the City delays the award until August 28, 2000. C. W. Houle would need to begin construction by September 8, 2000, in order to complete the improvements, through the bituminous paving, this year. The restoration of the boulevard areas and driveways would likely carry over until spring of 2001. The property owner survey will be sent out early next week, in time to have results by the July 19, 2000, Council work session. Staff recommended Council continue this item to the July 24, 2000, Council meeting. The City Attorney advised three (3) representative appraisals will ble r review at the July 24, 2000, Council meeting. Staff added that information on the availability of the a out by Wednesday, July 12, 2000. Council Member O'Donnell moved to co Assessment Roll, Twilight Acres 1St a Council Member Reinert seconde Rehbein Companies/Cent Vote Required), Mar Companies and Indepe land exchange made w an resident survey will be sent EARING, Resolution No. 00 — 64, Adopt ns, to the July 24, 2000, Council meeting. tion carried unanimously. District, Lake Drive/4th Avenue, Minor Subdivision (3/5 and — Staff advised this item involves joint application by Rehbein 1 District #12 for two (2) minor subdivisions that will formalize a entennial Middle School was constructed. The first parcel is immediately north of the school and was originally a part of a triangular piece of property 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 4th Avenue and Lake Drive just north of Don't 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. 4 • • COUNCIL MINUTES JULY 10, 2000 Both parcels are Zoned Light Industrial and meet the minimum requirements for a LI Zoning District. Sewer and water could be extended to Parcel A on Lake Drive and will be available to the larger triangular piece of property upon development of the Rehbein industrial area. Staff recommended approval of this minor subdivision as requested based on conditions. Staff noted the Planning and Zoning Board also recommended approval. Council Member Carlson requested clarification of the location of Parcel A on the map. Staff clarified the location of Parcel A. Council Member Carlson moved to approve minor subdivision based on the following conditions: 1. Twenty feet of additional right-of-way shall be dedicated from Parcel A to Anoka County providing a total of 60 feet from the center line of Lake Drive. 2. The transfer of parcels N, M, and H from Rehbein to School District #12, and parcels C and F from School District #12 to Rehbein, t contract and school board minutes, will be finalize back property taxes, interest, penalties and speci are now assessed. Council Member Reinert seconded the motion. tified in the 1996 ys with to date and aid by the owners who Council Member Carlson advised conditi e e confusion due to the trade being made back in 1996. The assessment error c+e he ades were not made before the assessments. The purpose of the condition is to h e t ade is made. She referred to the school board minutes that refers to parcels but till in ownership of 1996. The parcels are interrelated. The condition will clear uphe stated she wants the trade to happen. The trade was supposed to happen i Mr. Mark Vargo, repre ti e for Rehbein, came forward and stated the parties involved should determine the payment • °• sessments. He stated the transfer will take place within 90 days. Council Member Carlson expressed concern regarding the taxes, interest, and penalties being traded to the school district. The City Attorney advised those fees will be paid before the deed is recorded. Council Member Carlson stated the special assessments could be assumed by the new property owners. Approximately $235,000 was refunded. Rehbein made the first installment. The purpose of the condition is to ensure Rehbein pays the rest. Mr. Vargo advised the school district will be paying the special assessments because they are getting that particular property. COUNCIL MINUTES JULY 10, 2000 Council Member Carlson advised that if that is the agreement, that part can be stricken from the condition of approval. The City Engineer stated that when the City assesses, the property is assessed. He asked if Council Member Carlson is asking that the assessments be prepaid. Council Member Carlson advised prepayment of the assessments was not her intent. Her concern is that the $202,000 still owed not be assessed back to the taxpayers. Mayor Bergeson advised he is opposed to condition #2. He stated the City wants taxes and assessments paid, but not necessarily as a part of conditions of approval. He stated the City has adequate mechanisms to collect taxes and assessments. The ownership of the parcels is not a part of the minor subdivision request. Council Member Dahl inquired about the difference in assessments to the school district and Rehbein. Staff advised the assessment amount of $235,000 was a mistake. The school district overpaid what was due. The City reimbursed the school district what they overpaid. The City Planner referred to the 1996 minutes. He stated Parc that is being subdivided. Council Member Carlson advised that is why she noted that all five (5) parcels are interrelated. Mr. Vargo stated the ownership of the the issue. piece of property `identified" in the condition. She t an issue. The minor subdivision of the parcel is Council Member Reinert a• ':- s orts the staff condition of approval (condition #1). He stated that when this st brought before Council, it was a request to formalize the agreement. Condition �,, i �s to formalizing the agreement is a good idea. He stated the Council had to look at a lot of i : ' on. This item is very confusing. The issue needs to be cleared up. He stated it is a good idea f •° the tax situation to be cleaned up also. Mr. Vargo asked if condition #2 is a legitimate condition that can be attached to approval for a minor subdivision. The City Attorney stated it can be added for approval because of the way the subdivision was presented. Mayor Bergeson stated it is hard to implement part of condition #2. Council Member Carlson stated the hard part of implementation relates to assessments. The final part of the condition is in conflict with the original contract. Mr. Vargo noted Rehbein is not benefiting from the road. 6 COUNCIL MINUTES JULY 10, 2000 • Council Member Carlson asked if there are other parcel assessments that need to be changed. • The City Engineer advised the properties that were assessed were those that benefited from the improvements. He stated he does not anticipate any further assessments for improvement projects. Council Member Carlson stated there are four -(4) other properties. She asked if those properties were in the right hands when they were assessed. The City Engineer advised that assessments are an item for negotiation in a purchase agreement. The City's only concern is that they get paid. The assessments go against a parcel. The number in the parcel was corrected. There are assessments on the four (4) other parcels. Council Member Reinert amended the motion to delete "by the owners who are now assessed" from condition #2. He stated that issue is not part of the City's authority. The City Attorney advised the assessments are an item that is negotiat The City's concern is that the assessments get paid. He stated he ss statement from condition #2. urchase agreement. imination of that Mayor Bergeson advised he believes all of condition #2 1 e nated. He stated all applicants need to be treated fairly. A condition like this has Council Member Carlson advised she agr •.' the condition. previous subdivision requests. y the owners who are now assessed" from Council Member Reinert add s niqu situation. He agreed that all applicants should be treated the same. Council Member O'D ssed concern regarding the purchase agreement. He stated the school district agreed t • _ sessments over a bonding term. The condition stated the assessments have to be paid before t transfer is completed. He stated the school district may not have the funds in their budget to prepay. He stated he agrees with the 90 day completion term. He stated assessments should be handled by the purchase agreement. Council Member Carlson noted the condition does not say when the special assessments will be paid. She stated she is open to wording regarding that issue. She noted the school district has made their payments up front in the past. She stated the purpose of the condition is to ensure Rehbein pays the $202,000 assessment fee. Mr. Vargo stated ownership of the property is not relevant. The parcel with the road on it is not part of this subdivision. Council Member Carlson stated she will agree to leaving the statement regarding special assessments open. 7 COUNCIL MINUTES JULY 10, 2000 Mr. Vargo stated it is up to the school district how the assessments are paid. Council Member Reinert stated new information has been received since the amendment was made on the motion. Taxes are used for negotiations in the purchase agreement. He stated it makes sense to drop all mention of taxes being paid in the conditions of approval. Taxes have to be paid when the transfer of the title is completed. Council Member Reinert amended the motion to change condition #2 to read: 3. The transfer of parcels N, M, and H from Rehbein to School District #12, and parcels C and F from School District #12 to Rehbein, those identified in the 1996 contract and school board minutes, will be finalized within 90 days. Council Member Carlson agreed to the amended motion. She noted she is agreeable because taken care of when the property is transferred. Mr. Vargo indicated he was agreeable to condition #2. Motion carried with Mayor Bergeson voting no. SECOND READING, Ordinance No. 10 — 00, P Jeff Smyser — Staff advised on May 22, 2000th directing staff to initiate the process for a services, such as wireless telephone s reading of Ordinance No. 10 — 00, be treated as an amendment t The following schedu 'yes May 22, 2000 June 14, 2000 June 26, 2000 July 10, 2000 July 17, 2000 August 16, 2000 November 14, 2000 ratorium (4/5 Vote Required), ncif adopted Resolution No. 00 — 67, ium on new towers for personal wireless 6, 2000, the Council approved the first ishd the moratorium. The moratorium ordinance will ince, which requires a 4/5 vote. anticipated timeline of the ordinance process: City Council meeting; initiate process for adopting 90 -day moratorium by directing staff to prepare ordinance and setting public hearing date Public hearing at Planning and Zoning Board meeting First reading of ordinance at City Council meeting Second reading of ordinance at City Council meeting Ordinance published in newspaper Ordinance effective (30 days after publication) 90 -day moratorium expires 8 • • • COUNCIL MINUTES JULY 10, 2000 Council Member O'Donnell moved to approve SECOND READING, Ordinance No. 10 —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. Preliminary Plat, Bluebill Ponds (3/5 Vote Required), Jeff Smyser — Staff advised the site is on the south side of Main Street across from Wood Duck Trail and Blue Bill Lane. The project has undergone numerous revisions since its initial design. The primary outstanding issue was the access to Main Street. Heritage Development has reached an agreement with the House of Praise Church that will allow Wood Duck Trail to extend south of Main Street, creating a full access intersection. Staff reviewed the analysis of the project in detail. Staff recommended approval of the preliminary plat based on conditions. Staff noted the Planning and Zoning Board reviewed the project on June 14, 2000, meeting and voted unanimously to approve the project based on s. Council Member Carlson referred to the recommendations ma . ,t�. :� mental Board. She asked if the recommendations will be accommodated. Staff advised some of the recommendations will b did want more open space, which isn't possible. 50' buffer was a difficult issue with this ways to preserve the trees. Wetlands he plan. The Environmental Board has been addressed to some degree. A ronmental Specialist will be suggesting an easement. Council Member Dahl move . the ." eliminary plat based on the following conditions: 1. required by the Rice Creek Watershed District shall be obtained prior to o . ding. 2. U ity, grading, and drainage plans must obtain approval from the City Engineer and Rice Creek Watershed District prior to site grading. 3. The City Engineer's comments in his memo of June 1, 2000, must be addressed to his satisfaction prior to site grading. 4. The tree preservation plan shall be amended according to the City Environmental Specialist memo of 6/1/00 prior to site grading. 5. Plantings around wetlands and ponds shall be as recommended by the City Environmental Specialist and shall be included in the development agreement. 6. The developer must obtain needed approvals from Anoka County for access to Main St. and work in the right of way. 9 COUNCIL MINUTES JULY 10, 2000 7. Park dedication shall be cash in lieu of land as recommended by the Park Board. 8. An agreement between the developer and the House of Praise Church must be reached, to the satisfaction of both parties, that allows Woodduck Trail to extend south of Main St. as shown on the approved preliminary plat. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 00 — 72, Consideration of Petition for Public Improvements, West Shadow Lake Drive (3/5 Vote Required), John Powell — Staff advised the City received a petition from 32 property owners along West Shadow Lake Drive, north of Birch Street, for a Feasibility Study to install sanitary sewer and water service. The City Council referred to this petition to staff and was directed staff to hold a neighborhood meeting to discuss the project. A neighborhood meeting was held in the Community Room on June 1 Thirty-four residents attended the meeting. At the meeting, the City Engineer presente o • do ,' elating to the estimated cost and assessments related to installing utilities, an c ►a the roadway. The basis for most of this information was the detailed study and o e same issue that occurred in 1989-1991. The conclusion presented to th is t the project assessments would likely exceed the benefit to the property ow ' tility service would best be considered as part of a street reconstruction proje Staff recommended the petition bede a® Council Member O'Donnell c the petition. Council Member O'D Improvements along motion. stathat adoption of the resolution will result in denial of d to adopt Resolution No. 00 — 72, Denying the Petition for Public ldow Lake Drive, as presented. Council Member Dahl seconded the Mayor Bergeson advised he lives on West Shadow Lake Drive. The City Attorney has advised that he can vote on this item. Motion carried unanimously. Resolution No. 00 — 72 can be found in the City Clerk's office. Resolution No. 00 — 68, Consideration of Bids, Apollo Drive Phase 4 Improvements (3/5 Vote Required), John Powell — Staff advised bids for the referenced project were opened on May 19, 2000; and were received by the City Council at the May 22, 2000, meeting. The City has 60 days after the bid opening to award the contract otherwise the contractors may withdraw their bids without 10 • • COUNCIL MINUTES JULY 10, 2000 penalty. Sixty days from the bid opening date ends on July 18, 2000. The latest regular City Council meeting for award of the contract, per specifications, is July 10, 2000. The acquisition of the property for this project was initiated on December 20, 1999, when the City Attorney was authorized to commence eminent domain proceedings. As the City Attorney has stated in recent meetings with the Council and staff, the right-of-way has not been acquired through preparation of an appraisal and direct negotiation with the property owner. The City can ask the contractor submitting the lowest bid if they will still honor their bid if awarded at a later date if the property acquisition will be completed in the near future. However, staff has not been informed that this is the case. Also, the schedule included in the Feasibility Report estimated the construction of the improvements would be complete by June 26, 2000. Even if the City Council awarded the contract at the next meeting, it is anticipated that construction would not be completed until September, 2000. Without control of the property, the City cannot authorize a contractor to .roceed with construction and should not award the construction contract. If the City does not a sem,. ntract, staff will inform the three (3) contractors and return their bid bonds. If the City does not award a contract for this project, the dev installation of the improvements with the execution of City. Mayor Bergeson moved to adopt Resoluti project, as presented. Council Memb unanimously. Resolution No. 00 — 68 can UNFINISHED BUSI NEW BUSINESS - N proceed with the greement acceptable to the ejecting bids for the Apollo Drive Phase 4 econded the motion. Motion carried e City Clerk's office. COMMUNITY CALENDAR JULY 10, 2000 THROUGH JULY 24, 2000: City Council Meeting, Monday, July 10, 2000, 6:30 p.m. Park Board Meeting, Monday, July 11, 2000, 6:30 p.m. Planning and Zoning Board Meeting, Wednesday, July 12, 2000, 6:30 p.m. EDAC, Thursday, July 13, 2000, 7:00 a.m. Charter Commission Meeting, Thursday, July 13, 2000,7:00 p.m. 11 COUNCIL MINUTES JULY 10, 2000 Council Work Session, Wednesday, July 19, 2000, 5:00 p.m. Special Work Session to discuss Comprehensive Plan, Saturday, July 22, 2000, 7:00 a.m. City Council Meeting, Monday, July 24, 2000, 6:30 p.m. ADJOURN There being no further business, Council Member. Dahl moved to adjourn at 8:10 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, July 24, 2000. Ry-CKel Gaustad, CMC City Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. o441 81ra..j hn Ber 12