HomeMy WebLinkAbout11/13/2000 Council MinutesCOUNCIL MINUTES NOVEMBER 13, 2000
CITY OF LINO LAKES
MINUTES
DATE : November 13, 2000
TIME STARTED 6:30 P.M.
TIME ENDED : 10:00 P.M.
MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson
MEMBERS ABSENT : None
Staff members present: Acting City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City
Engineer, John Powell; City Planner, Jeff Smyser; Economic Development Assistant, Mary Divine
(part); Planning Coordinator, Mary Kay Wyland (part); and Public Services Director, Rick DeGardner
(part)
SETTING THE AGENDA
Council Member Dahl moved all Meeting Minutes to New B ine.
Mayor Bergeson removed Item 1C, Accept Donation t• Fir. Pis from the VFW Post 6583 Ladies
Auxiliary, from the Consent Agenda.
The agenda was approved as amended.
CONSENT AGENDA
Council Member O'Donnell movea Consent Agenda, as amended. Council Member
Carlson seconded the motion.
ITEM
DISBURSEMENTS:
ied unanimously.
November 13, 2000 (Check No. 60280 —
60443, $367,526,77)
Centennial Fire District
ACTION
Approved
Approved
Accept Donation to Fire District from the VFW Post 6583 Ladies Auxiliary — Mayor Bergeson
advised for several years, the Ladies Auxiliary of the local VFW has donated funds for the Centennial
Fire District Safety programs. In the past, this money has been used to purchase smoke detectors,
purchase supplies for school programs, and fund the annual Safety Camp. This year they have
donated $1,000 for these purposes.
COUNCIL MINUTES NOVEMBER 13, 2000
The City is very grateful to the Ladies Auxiliary for all there past and present donations to the City's
programs.
Council Member Carlson moved to accept the donation received from the Ladies Auxiliary to the
Centennial Fire District, as presented. Council Member Dahl seconded the motion. Motion carried
unanimously.
OPEN MIKE
Reliant Energy Minnegasco, Arnold Hendrickson - Mr. Hendrickson came forward and thanked
the Council and City staff for renewing the contract with Reliant Energy Minnegasco. He stated he
looks forward to the next 30 years of business. He also thanked the City for the smooth process in
which the City utilized to renew the contract.
Mayor Bergeson advised the election in Lino Lakes went very smooth
report. He thanked Marilyn Anderson and all the judges. He espe
hard work and effort.
No one else was present for open mike.
ADMINISTRATION DEPARTMENT REPORT,
d there are no problems to
ed Jean Viger for all her
Consider Resolution No. 00 —103, Supportin.Re-a ' ointment of Andy Cardinal to the Rice •
Creek Watershed District Board of Ma r 5 a to Required) — Staff advised State Statute
requires the Anoka County Board of Cooners appoint commissioners to a watershed district
nominated jointly or severally by tow : u palities from within the district. To be eligible for
appointment, the nominee must re hin e watershed district boundaries, be eligible to vote in
the district, and not be a public rhthe county state or federal government (except that a soil
and water conservation supe b appointed).
Mr. Andy Cardinal, a Lin
has been responsive to the
environment.
ident, has represented Anoka County since 1972. Mr. Cardinal
eds of Lino Lakes while simultaneously observed sensitivity to the
Mayor Bergeson stated Mr. Cardinal has served the community very well for a number of years.
Council Member Carlson moved to adopt Resolution No. 00 —103, as presented. Council Member
Dahl seconded the motion.
Council Member Carlson stated Mr. Cardinal has been an excellent member and Chair of the Board.
He is well versed in representing Lino Lakes and its residents. She stated it is an honor to have him
serve again. She requested that a copy of the letter that is sent to the County also be sent to Mr.
Cardinal.
Motion carried unanimously.
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COUNCIL MINUTES NOVEMBER 13, 2000
Resolution No. 00 —103 can be found in the City Clerk's office.
Consider Resolution No. 00 —106, Extending the Term of the Cable Franchise Granted to
MediaOne North Central Communications Corp. d/b/a AT&T Broadband (3/5 Vote Required)
— Staff advised the North Metro Telecommunication Commission and AT&T Broadband have been
re -negotiating terms for renewal of their cable television franchise. As negotiations continue, it is
necessary to extend the life of the current franchise which is due to expire November 20, 2000. The
cities that make up the North Metro Telecommunication Commission are being asked to extend the
life of the current franchise to February 28, 2001.
Council Member Reinert moved to adopt Resolution No. 00 — 106, as presented. Council Member
O'Donnell seconded the motion. Motion carried unanimously.
Resolution No. 00 —106 can be found in the City Clerk's office.
Community Service Officer Job Offer — Staff advised the Cit
applications for the position of part-time Community Servic
Department conducted the first round of interviews; Publ.
Acting City Administrator held second interview with
like to make a conditional offer to candidate A. The
checks.
proximately 15
bers of the Public Safety
ctor Dave Pecchia and the
sts this afternoon. Staff would
being able to pass the background
This individual will replace Mr. Mike Mo een promoted to the position of police
officer.
Council Member Carlson moved t
passing a background check.
unanimously.
conditional job offer contingent upon successfully
mber Reinert seconded the motion. Motion carried
FINANCE DEPART Imo' ORT, AL ROLEK
There was no Finance Dep . 'Y ent 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.
COUNCIL MINUTES NOVEMBER 13, 2000
COMMUNITY DEVELOPMENT DEPARTMENT REPORT
Site Plan Review, Mueller Bies Funeral Home, 7050 Lake Drive (3/5 Vote Required) Mary Kay
Wyland — Staff presented their analysis of the site and building plan review and minor subdivision
for Mueller-Bies Funeral Home, 7050 Lake Drive.
Staff advised the Environmental Board reviewed the project on September 27, 2000 and
recommended approval of the project. Staff referred to a copy of their comments. One of the Boards
concerns related to the OHW level on Rice Lake. For Council information, the proposed construction
meets the setback requirement from the OHW according to the City's Shoreland Ordinance. The
DNR has reviewed the plans and expressed no additional concerns with the proposed development.
The RCWD tabled the site plan review at their September 27, 2000 meeting with authorization for
administrative action, TWAFAA (this is an approval with conditions).
The Planning and Zoning Board reviewed this site plan review and
11, 2000, meeting and recommended approval based on conditions
nay (Schaps absent). Staff also recommended approval based o
ubdivision at their October
vote with Rafferty voting
Council Member Carlson asked if 20' of right-of-way wil iv= e C my 60' on each side of the
road. Staff advised the additional 20' will give the Copnty 0' o tech side.
Council Member Carlson stated the County will
the City is giving them 120'. Staff clarified the
way.
•
ough construct a 80' roadway. She stated
f current right-of-way and proposed right -of- •
Council member Carlson stated the pof right-of-way no. The City is giving them 20'
additional feet. She expressed co g the additional right-of-way. She stated she believes
this project is a good project.R p' ed that a nay vote would be due to her concern over
expanding the highway at so • t in e future.
Council Member O'Donn lfr ' d the 15' setback. Staff advised the setback is from the property
line, which is the same as r'rig t -of -way.
Council Member O'Donnell asked if the right-of-way will be deeded back to the property owners if
the proposed highway plan changes and 120' is not needed. Staff advised the County would have to
answer that question.
Council Member Reinert inquired about the type of lighting that will be used. Staff advised the
lighting is very low key and directed downward. A lighting plan has been submitted.
Mr. Craig Miller, representative for Mueller-Bies Funeral Home, came forward and stated the lighting
is "shoe box" lighting that will be pointed downward. The lighting plan was done according to City
requirements.
4
COUNCIL MINUTES NOVEMBER 13, 2000
Council Member Reinert inquired about the times that the lights will be one. Mr. Miller advised the
winter will be the worst where the lights will be on until 9:00 — 10:00 p.m. The only outside lighting
will be on the building itself.
Council Member Reinert expressed concern regarding the lighting and nearby residents. He asked if
there is an agreement relating to the time issue. Staff advised there is not an agreement relating to the
time the lights can be on.
Council Member Carlson asked if the County would allow access and if the plan can be approved
without conditions 4 and 11.
The City Engineer advised the County can not prohibit access. The City tries to be cooperative with
the County in these matters. Condition #11 refers to drainage and easements that are necessary. The
conditions would have to be modified.
Council Member O'Donnell moved to approve minor subdivision an review based on the
following conditions:
1. Proper building permits are obtained and i lu 1-% scrow deposit to insure
completion of site improvements.
2. Landscaping according to the rev' ' dscapg plan submitted 11/3/00.
3. Park Dedication shall be re ity Subdivision Ordinance.
4. An additional 20' of r' o a all be dedicated to Anoka County by Deed.
5. A revised surve
prior to Coun w.
6. Drainage
and shall pr: ide °" anitary sewer service to Parcel B.
7.
t, indicating the right-of-way dedication, shall be provided
lans are subject to the review and approval of the City Engineer
All lighting shall be directed downward and produce no glare on the roadway.
8. Approval of the site plan is not an implied approval of signage. All signage will
require a sign permit and must comply with the City's Sign Ordinance.
9. A shared driveway agreement shall be provided for the entrance drive.
10. Access permits shall be obtained from Anoka County Highway Department prior to
construction on the site.
COUNCIL MINUTES NOVEMBER 13, 2000
11. The minor subdivision shall be approved as shown on the revised survey document
indicating the additional 20' of right-of-way and drainage and utility easements
required by RCWD and the City of Lino Lakes.
Council Member Dahl seconded the motion.
Mayor Bergeson stated he does not believe that the right-of-way requirement commits the City to a
particular road design. He stated there are many reasons for the right-of-way. It is much easier to get
the easements before a project has started. Obtaining right-of-way after project completion is very
difficult.
Motion carried unanimously.
Site Plan Review, North American Composites (Inter -Plastic), 300 Apollo Drive (3/5 Vote
Required) Jeff Smyser — Staff advised the application includes a mi • bdivision and a site and
building plan review. North American Composites Company pro •a. es to nstruct a new distribution
facility on the site. The company will also conduct repackagin-� t . •ro• ct into different size
containers on site as well as distribution. The project is polyp er sm •erglass, and related
products.
Staff presented their analysis of the minor subdivisio an s building plan review. Staff noted
the Environmental Board reviewed the project o �� ber ` , 2000. Recommendations included
attention to infiltration in stormwater design, us of na species in the landscaping plan, assurance
that lighting will be directed downward, an . to •n t• `soil compaction when possible. Infiltration
will be designed in to the extent possibl a see • s are included. Lighting will be directed
downward. The issues will be addre ised landscaping plan to be reviewed by the
Environmental Specialist.
The Planning and Zoning Bo
approval based on condit'sns.
additional attention to the
ewe the project on October 11, 2000. The Board recommended
d in the report, the Board requested that the applicant direct
evation facing the freeway.
Mayor Bergeson stated he is appy to see the dumpsite by the offices. The City has had difficulty in
the past when garbage is placed by the freeway fence. Staff advised the garbage will also be screened
with materials that match the office.
Council Member Dahl referred to the cattail pattern on the building and stated she is very pleased.
Mr. Ivan Levy, vice-president for North American Composites, came forward and stated he is pleased
to come to Lino Lakes. He stated he has done facilities around the country and he would like to
commend the City staff on how they handled all issues.
Council Member Reinert moved to approve the minor subdivision and site plan based on the
following conditions:
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COUNCIL MINUTES NOVEMBER 13, 2000
1. The minor subdivision shall be as shown on the submitted survey (Sketch and
Description received 11/1/00), including easements as required by the Rice Creek
Watershed District and the City Engineer.
2. Lighting fixtures shall be those listed on the lighting plan dated 9/11/00 and received
by the City 11/19/00 except that the Lumark Nit -Watch fixture shall be deleted and
replaced with the Kim Lighting Site Wallform fixture.
3. Twenty-nine parking spaces shall be striped.
4. The precast concrete panels will be Fabcon Wide Rack 3/8" grooves at 3" O.C. with
smooth concrete cattail design, or similar design. Decorative concrete block on the
office portion of the building shall be either smooth burnished concrete block or rock -
face block.
5. The applicant shall submit a management plan for t `.lantings at the direction
of the City Environmental Specialist. This mana m p1 shall be submitted within
six months.
6. The issues listed in the November 7, 2000 T iA o must be addressed to the City
Engineer's satisfaction before site gra s or a building permit is issued.
7. Final utility, grading, and draina plans" ust obtain approval from the City Engineer
and Rice Creek Watershed
8. All permits required b �e , ek Watershed District shall be obtained prior to
any site grading.
9. Proper buildi is iii st be obtained prior to any construction and 1% of the
constructive costs s be put in escrow to insure completion of all site improvements.
10. Site plan ap
the sign ordi
does not imply approval of signage. Any signage shall conform to
ce and proper permits obtained.
11. Park dedication applies per the City ordinance.
Council Member Carlson seconded the motion. Motion carried unanimously.
Consideration of Business Subsidy Agreement for North American Composites (3/5 Vote
Required) Mary Alice Divine — Staff advised earlier this evening the Economic Development
Authority held a public hearing regarding a proposed $122,250 business subsidy in the form of Tax
Increment Financing to North American Composites, a subsidiary of Interplastic Corporation, for the
construction of a 25,000 square foot distribution facility in the Apollo Business Center. State Statute
requires that a public entity — in this case the EDA — must find that the granting of a subsidy meets the
7
COUNCIL MINUTES NOVEMBER 13, 2000
bet interests of the City, and a business subsidy agreement needs to be approved by both the EDA and
the City Council.
This subsidy is to be used to write down a portion of the costs of land and assessments on the project
according to the terms of a development agreement. The subsidy agreement is a part of the
development agreement and specifies the commitment the company is making regarding wages and
jobs, plus the annual reporting that is required.
Council Member Dahl moved to approve the business subsidy for North American Composites, as
presented. Council Member Reinert seconded the motion. Motion carried unanimously.
Clearwater Creek Business Center — Amending Conditions of Approval (3/5 Vote Required)
Jeff Smyser — Staff advised the preliminary plat for the Clearwater Creek Business Center was
approved by the December 15, 1997. The approval of the Dairy Queen site plan includes the
condition that the final plat must be completed.
Standard City policy for final plat approval requires that the co ti •� of .' `proval must be met.
There were 11 conditions approved with the preliminary plat w (2��. ' e conditions refer to
floodplain issues:
#7. The 100 -year floodplain elevation, buelevations, and street elevations are
identified.
#10. That there be a letter of ma • 1 obned by the applicant from FEMA relating to Ill
the floodplain.
•
These conditions have not been m • g eves the floodplain map has been revised for areas around
the Dairy Queen site. The Fed ency Management Agency (FEMA) has requested a new
Letter of Map Revision (LO . rt.lic. ion including additional technical information before further
revising the Flood Insur a Rate as (FIRM) in this area. Because the Dairy Queen is awaiting
final plat approval, staff rs amending the conditions of approval as follows:
Delete preliminary plat con
with the following condition:
ons 7 and 10 that were approved December 15, 1997 and replace them
Within one year of final plat approval, the City of Lino lakes will prepare and submit a LOMR
application to redefine the Zone A area located at the southeast corner of Main Street/21st
Avenue. This generally includes the area to be occupied by the proposed Dairy Queen and the
existing Amoco. All costs related to this work will be charged against the trunk credits for the
Clearwater Business Center.
Council Member Carlson asked if all the related costs include staff time.
The City Engineer advised the costs will include the application fee and staff time.
COUNCIL MINUTES NOVEMBER 13, 2000
Council Member Carlson referred to a memo dated November 9, 2000. She asked if all the title
information will be in order. Staff advised the final plat is not being approved with this action. The
final plat action is the next agenda item.
Mayor Bergeson asked if the granting of this by FEMA is routine. The City Engineer advised nothing
with FEMA is routine. Staff is confident there will be no problems.
Council Member Dahl moved to approve the amendment to the December 15, 1997 conditions of
approval as described in the staff report. Council Member Carlson seconded the motion. Motion
carried unanimously.
Final Plat — Clearwater Creek Business Center (3/5 Vote Required) Jeff Smyser — Staff advised
the preliminary plat for the Clearwater Creek Business Center was approved by the City in December
1997. Standard City policy for final plat approval requires:
1. Final plat drawing that substantially conforms to th ppro `+ preliminary plat
2. Complete development agreement
3. Financial securities as described in the develo erg `ent
4. Title commitment approval by the City Att
5. Conditions of approval must be met
(the conditions approved at ti '`w° iminary plat approval)
Staff presented their analysis of the final plat rel
recommended approval of the final plat.
The City Engineer distributed copies
with the developer to reconcile the
explained how the agreement w
until earlier today.
e requirements needed for approval. Staff
ent agreement noting the City has been working
ewed the highlighted areas of the agreement and
ed. He noted the development agreement was not finalized
Mayor Bergeson asked if ueen site meets all regulations. Staff advised the site plan for the
Dairy Queen has been appro
Mayor Bergeson asked for clarification regarding the utility easement and the road alignment.
The City Engineer advised that the alignment through Outlot A currently follows the sewer and water
trunk extensions. The developer wants to remain flexible regarding the easements. Either a roadway
will be constructed along this easement alignment or, if a larger user buys Outlot A, the easement may
be located in a parking lot area. Staff is comfortable with that. It was noted that item 8B and 9B from
Exhibit B should be eliminated from the securities required as they are credits.
Council Member Reinert asked if there is a sense of urgency to pass this item tonight. Staff advised
the Dairy Queen has been waiting for quite some time. Staff recommended amending the conditions
of approval so this will get done. Staff is concerned about losing the Dairy Queen.
COUNCIL MINUTES NOVEMBER 13, 2000
Council Member Reinert inquired about the developer breaking ground. Staff advised the developer
would like to break ground before it freezes. Staff is recommending approval with a stipulation.
Normally there are the signatures of all interested properties. An alternative is to have a document
called Consent to Plat. Staff explained the difference relating to a Consent to Plat. Staff advised the
documents are in order but have not yet been signed. Staff recommended Council approve this item
with the stipulation that the city will not sign the final plat until all Consent to Plat documents are in
and signed.
Council Member Reinert stated he is uncomfortable voting on a final plat with so many conditions.
History on this included the Council voting on it before they should have. He stated he would like
more time to review.
Mr. Tom Rooney, attorney for the landowner, came forward and explained the background of the issue
regarding overpayment. He stated an agreement has finally been reached. Four (4) signatures were
obtained today. Owners will also sign the Consent to Plat documents. tated he would appreciate
resolution on this matter this evening.
Mr. Lessard, developer of the Dairy Queen, came forward an ter weather will be a
problem. The footings need to be in before the winter or p ct w' be delayed another 3-4
months. He asked that the Council approve this item ev-n t 'ugh an unusual case.
Mayor Bergeson asked the City Attorney to advis T ' .unci egarding Consent to Plat documents.
The City Attorney commented on the docu
method used for approval. He stated this
release the final plat until the docume
with this method.
at Consent to Plat documents are another
is used on a regular basis. He stated the City won't
He advised the Council he is very comfortable
Council Member O'Donnell econcern regarding the agreement not being signed. He inquired
about a timeline regarding he req •, signatures.
Mr. Rooney stated the docu "nt ' ready to sign except for items 8b and 9b, Exhibit B, that have to be
deleted. He reviewed the ch es in the agreement noting Mr. Rehbein will use the $128,000 for
credit on other assessments. He added that Mr. Rehbein is ready to sign the agreement.
The City Attorney asked if Mr. Rehbein will sign the agreement if the changes are penciled in and
initialed. Mr. Rooney indicated Mr. Rehbein will sign the agreement.
Council Member O'Donnell clarified that he does not need to review the agreement. He would like
the agreement to be signed.
The City Engineer advised he will revise the agreement and prepare it for signatures.
Mayor Bergeson reviewed the two suggested conditions noting that Council Member Reinert also
suggested tabling this issue.
10
COUNCIL MINUTES NOVEMBER 13, 2000
Council Member Reinert moved to approve the final plat based on the findings in the staff report and
the following conditions:
1. The City will not sign the final plat until all Consent to Plat documents are in and
signed.
2. Approval is contingent upon the development agreement being signed and submitted
to the City.
Council Member Dahl seconded the motion. Motion carried unanimously.
Staff clarified that the signed consent to plat documents will be reviewed by the city attorney before
the city signs the plat.
Resolution No. 00 —105, Electing to Continue Participation in
(3/5 Vote Required), Jeff Smyser — Staff advised the Metropo
established a fund intended to address development issues in
funds, a city must choose to participate in the program ev
accounts:
ommunities Program
Communities Act
a. To be eligible for the
nd is divided into four (4)
Tax Base Revitalization Account: to clean up p and new business development to provide
new jobs.
Local Housing Incentives Account: for• • ble ani life cycle housing initiatives to meet the
housing needs of people of various st • .ti d various incomes.
Inclusionary Housing Account f o �s. a housing with a variety of prices and designs, which serve
families with a range of inco ho ing needs.
Livable Communities De • •" Account: for models of compact, creative and efficient
development and redevelo 'ent Lino Lakes received funding from this account to plan the Town
Center, and recently applied %.r implementation money.
Participation in the Program
Numerous communities in the Metro area submit applications for funding under the program. The
funds are awarded on a competitive basis. In order to be eligible for consideration for any of the
funding, a city must participate in the Local Housing Incentives Account Program.
Participation includes working toward long-range goals for a greater variety of housing. The City
does not need to adopt new goals at this time. The ones adopted in 1998 continue to apply.
There is no implied guarantee that the City will reach the goals. Current housing market conditions
make this extremely difficult. A second difficulty is that the census data used to examine the housing
11
COUNCIL MINUTES NOVEMBER 13, 2000
picture is ten years old. The Metropolitan Council is aware of these difficulties. After the year 2000
census, the Met Council will re-examine the housing picture.
Staff advised Resolution No. 00 — 105 states that Lino Lakes elects to continue to participate in the
program. The City needs to participate to be eligible for Town Center funding, including the $1.5
million grant that was just applied for. Staff distributed a copy of the Livable Community Goals that
were approved in 1998.
Council Member Reinert stated that the goals do not mirror the Comprehensive Plan or what is
happening within the City. He stated it seems like a silly exercise to approve the goals when there is
no hope of reaching them. He inquired about the other 10% of affordability housing.
Staff advised the percentages are hard to understand. The goals indicate that of the owner occupied
homes within the City, 65% will fall into the affordability category. Staff noted the goal will not be
reached.
Council Member Reinert stated the Metropolitan Council shoul
reach the goals. Staff advised the Metropolitan Council is a
examined after the 2000 census.
Mayor Bergeson asked for an update on the grant ap
The City Engineer advised the committee is me
information at that time.
that the City cannot
he goals will be re-
•
n on Wednesday. The City will have more •
Council Member Carlson referred to ding the City's goals in the Comprehensive Plan.
She clarified the 1994 goals. She • °r e r A izes those goals were passed by a previous Council
and they may have to be re-ne •• ' . • . he stated she does support of a mix of housing but the
numbers seem out of line. S . • tha the City has been working on two (2) different definitions
of density. She reviewed calcu . • ' regarding density that is similar to the Saddle Club noting that
it is clear the Metropolit s looking at a different type of zoning. She stated the City needs
to be aware of that issue. - - ex.ressed concern regarding what will happen to minimum lot sizes
when the zoning is re-writte o fit the Comprehensive Plan.
Staff advised the zoning issue will be discussed. Staff referred to a memo regarding density issues
and zoning that was distributed to the Council. Staff advised this issue will be examined and some
changes may be necessary.
Council Member Carlson stated that in September 2000, the Council agreed on the upper and lower
limit on density. The City Attorney has advised that the Council can use those guidelines. She
expressed concern that N of Lino Lakes is wetlands and small clusters will be built on the land that is
buildable. She also expressed concern regarding adding land into the calculation that should not be
factored in.
Staff advised zoning would implement the plan.
12
COUNCIL MINUTES NOVEMBER 13, 2000
Council Member Carlson asked if minimum lot sizes would apply. Staff advised it is possible that
minimum lot sizes would apply.
Mayor Bergeson stated those issues are in the City's existing ordinances. The ordinances will remain
in effect unless the Council changes them. Staff added that the R-1 and R -1X lot sizes will work out.
Council Member Carlson stated that fits her definition of buildable acres. She stated her point is that
the Council is meeting on Wednesday to discuss the Comprehensive Plan. The Council needs to look
at the language in the plan to make sure the City is not obligated to approving specific lot sizes. The
second purpose is that the Metropolitan Council may be looking at a different definition of density.
The Council needs to be aware of that.
Mayor Bergeson stated staff has made the point that the goals are for future development and not
intended to make the whole City apply. The numbers are goals, not . tes. It is clear in the
Comprehensive Plan and the grant application that the current ordi
the concepts in the goals. The concepts are not inconsistent, ho
sense.
Council Member Reinert stated that how you work the
stated that Council Member Carlson took a low -dens
consideration the additional acres, you end up w
Metropolitan Council defines density is an issu
getting things it doesn't know it is approvi
Mayor Bergeson stated it seems imp
it is calculated. That definition an
City needs to be proactive. Th
ve moved toward some of
mbers may not make
qu m'on determine where you end up. He
on and when you take into
um s = sity. He stated that how the
The definitions may result in the City
ity to establish its own set of definitions and how
hould be communicated to the Met Council. The
a disadvantage if it doesn't have that established.
Staff advised the City ane the Me' s s litan Council calculate density in the same way. Errors could
occur from what is consid��� e,� d.
Council Member Carlson st ?~ d the Saddle Club is at 2' units per acre. That plan drives this
situation home that there is a difference. The place to clarify these issues is in the Comprehensive
Plan. Staff advised that the Planning and Zoning Board made it perfectly clear to the developer of the
Saddle Club that the density is too high on the concept plan.
Council Member Carlson stated she believes the Saddle Club is a model. The Council can clarify
density with language in the Comprehensive Plan. There are goals before the Council now. She
expressed concern relating to the goals. She stated the Council has inherited a situation that previous
Councils have approved. She stated she is willing to go along with it knowing that the current
Council will spell out density and how it is calculated. Some of the Council Members will argue to
decrease the numbers if the Metropolitan Council wants them higher.
13
COUNCIL MINUTES NOVEMBER 13, 2000
Council Member O'Donnell moved to adopt Resolution No. 00 — 105, as presented. Mayor Bergeson •
seconded the motion. Motion carried with Council Member Dahl voting no.
Resolution No. 00 — 105 can be found in the City Clerk's office.
Mayor Bergeson called for a short recess at 8:35 p.m.
Mayor Bergeson reconvened the meeting at 8:43 p.m.
Council Member Dahl advised she voted no on the above item because she has voted no in the past
and wants to be consistent. She clarified that she did not vote no to the grant. She stated she is
reserved and cautious when people give you money. She stated she believes there are strings attached
to the money.
PUBLIC HEARING, Resolution No. 00 —107, Adopt Assessment
Addition (3/5 Vote Required) John Powell — Staff advised on 0
the public hearing for the proposed assessments for the Clearw
evening. All necessary notices have been mailed to affected
the assessment and the date of the hearing.
The project is substantially complete and can now be
installed improvements. The assessments associ
Watermain Area and Unit charges, Surface Wat
Mayor Bergeson opened the public hear
Clearwater Creek 4th
000, the City Council set
Addition project for this
rs indicating the amount of
This project involved developer
'th this roject include Sanitary Sewer and
ement Fees, and Wearing Course Costs.
Council Member Carlson moved t e • he . lic hearing at 8:45 p.m. Council Member Reinert
seconded the motion. Motion s"` n imously.
Council Member Dahl m+ved to . ' . Resolution No. 00 — 107, as presented. Council Member
Carlson seconded the mot + . n carried unanimously.
Resolution No. 00 - 107 can found in the City Clerk's office.
PUBLIC HEARING, Resolution No. 00 —108, Adopt Assessment Roll, Highland Meadows West
(3/5 Vote Required), John Powell — Staff advised on October 9, 2000, the City Council set the
public hearing for the proposed assessments for the Highland Meadows West project for this evening.
All necessary notices have been mailed to affected property owners indicating the amount of the
assessment and the date of the hearing.
The project is substantially complete and can now be assessed. This project involved developer
installed improvements. The assessments associated with this project include Sanitary Sewer and
Watermain Area and Unit charges, Surface Water Management Fees, and Wearing Course Costs.
Mayor Bergeson opened the public hearing at 8:48 p.m.
14
COUNCIL MINUTES NOVEMBER 13, 2000
Council Member Reinert moved to close the public hearing at 8:48 p.m. Council Member Dahl
seconded the motion. Motion carried unanimously.
Staff recommended approval after removing the Wearing Course Placement Cost.
Council Member O'Donnell moved to adopt Resolution No. 00 —108, with the removal of the
Wearing Course Placement Costs. Council Member Reinert seconded the motion. Motion carried
unanimously.
Resolution No. 00 —108 can be found in the City Clerk's office.
PUBLIC HEARING, Resolution No. 00 —109, Adopt Assessment Roll, Pheasant Hills Preserve
11th Addition (3/5 Vote Required) John Powell — Staff advised on October 9, 2000, the City
Council set the public hearing for the proposed assessments for the P t Hills Preserve 11th
Addition for this evening. All necessary notices have been mailed gK• property owners
indicating the amount of the assessment and the date of the he
The project is substantially complete and can now be asse
installed improvements. The assessments associated w th
Watermain Area and Unit charges, Surface Water M
Mayor Bergeson opened the public hearing at 8:
•ject involved developer
t include Sanitary Sewer and
t Fees, and Wearing Course Costs.
Council Member O'Donnell moved to c - .ub is hearing at 8:52 p.m. Council Member Carlson
seconded the motion. Motion carrie
Council Member Reinert move • • ; . Resolution No. 11-109, as presented. Council Member
Dahl seconded the motion.
arriay unanimously.
Resolution No. 00 —109 c d in the City Clerk's office.
PUBLIC HEARING, Reso tion No. 00 —110, Adopt Assessment Roll, Trappers Crossing 3rd
Addition (3/5 Vote Required) John Powell — Staff advised on October 9, 2000, the City Council set
the public hearing for the proposed assessments for the Trapper's Crossing 3rd Addition project for
this evening. All necessary notices have been mailed to affected property owners indicating the
amount of the assessment and the date of the hearing.
The project is substantially complete and can now be assessed. This project involved developer
installed improvements. The assessments associated with this project include Sanitary Sewer and
Watermain Area and Unit charges, Lateral Utility charges (Bond Fund), and MSA Street assessments
from the original assessment to Trapper's Crossing. The assessment roll distributes the original outlot
charges from 1996 to the lots platted as part of the 3rd Addition. Surface Water Management Fees and
Wearing Course Costs are also assessed o the individual lots.
15
COUNCIL MINUTES NOVEMBER 13, 2000
Mayor Bergeson opened the public hearing at 8:53 p.m.
Council Member Dahl moved to close the public hearing at 8:53 p.m. Council Member Reinert
seconded the motion. Motion carried unanimously.
Council Member Reinert moved to adopt Resolution No. 00 — 110, as presented. Council Member
Dahl seconded the motion. Motion carried unanimously.
Resolution No. 00 — 110 can be found in the City Clerk's office.
PUBLIC HEARING, Resolution No. 00 —111, Adopt Assessment Roll, Individual Properties
Which Requested Connection (3/5 Vote Required) John Powell — Staff advised on October 9,
2000, the City Council set the public hearing for the proposed assessments for the Individual
Properties Which Requested Connection for this evening. All necessary notices have been mailed to
affected property owners indicating the amount of the assessment and • ate of the hearing.
The assessments levied to the properties include Sanitary Sewe
Lateral (front foot) charges. Also included are Surface Wate
policy, are collected when properties connect to City utili
ea and Unit charges and
charges which, per City
All of the property owners on the attached roll have connection to City utilities and have
agreed to the proposed assessments.
Staff noted the deferred assessments at 129 a 831 Lake Drive, and 1612 Birch Street.
Council Member Reinert asked if all ' ' e o rs have agreed to the assessments. Staff advised
all property owners have agreed to nts.
Mayor Bergeson opened the eari m g at 8:58 p.m.
Council Member Dahl mose the public hearing at 8:58 p.m. Council Member O'Donnell
seconded the motion.
Council Member Reinert asked how the assessments on Lake Drive will be affected if the road is
reconstructed. Staff advised the proposed assessments are related to utilities only. No street
assessments are included.
Motion carried unanimously.
Council Member Dahl moved to adopt Resolution No. 00 — 111, including the amended assessment
roll. Council Member O'Donnell seconded the motion. Motion carried unanimously.
Resolution No. 00 —111 can be found in the City Clerk's office.
16
COUNCIL MINUTES NOVEMBER 13, 2000
PUBLIC HEARING — Bluebill Ponds Utility and Street Improvements, Jason Wedel (TKDA) —
Staff advised this feasibility report was prepared in response to a petition from the Bluebill Ponds
subdivision. This project involves the installation of sanitary sewer, watermain, storm sewer, and
roadways within the proposed subdivision. On October 9, 2000, the City Council received the
feasibility report and set the public hearing for this evening.
Staff reviewed the information from the feasibility report in detail. Staff recommended the City
proceed with the improvements as outlined in the feasibility report.
Council Member O'Donnell inquired about informing the residents about the temporary cul-de-sacs.
The City Engineer advised the temporary cul-de-sacs can be posted as such with a sign.
Council Member O'Donnell asked if there will be documentation regarding that issue on the final
plat. The City Engineer stated that will not be documented on the fin t because they are
constructed within the standard right-of-way.
Council directed staff to post the temporary cul-de-sacs and si r th s a permanent City policy.
Mayor Bergeson opened the public hearing at 9:12 p.
Mr. Tom VonBische, petitioner of the improve . e o and and stated that through the
process of petitioning the City, he waived his rig t to o # ct his views. He stated he does, however,
object to the way the project is being assess tat 6 it was a requirement that Bluebill Lane went
all the way through and also manage to eet on the southern border. He stated his objection is
that the properties on the southern bo e street to go through. He referred to a map
indicating the eight -(8) properties. r` or "• d meetings were held with the residents. In all cases
except for one, the property ow x ed to subdivide their lots. The north side of the development
is being assessed $25,000 pe ell s $5,000 for trunk charges. He stated that is not right.
There are 77 lots that sho ld be p 3. for the benefit and all are willing to pay a fair share. The
improvements were asked doted he did not need to go all the way through with the street.
Mayor Bergeson advised it i of appropriate for the Council to negotiate terms in a public meeting.
He suggested the item be tabled for further review.
The City Engineer distributed a copy of a letter from Mr. VonBische. The improvements the
developer is installing allows Mar Don Acres residents to keep the options open for property owners
to subdivide. Staff referred to the Behm's Century Farm development as the same type of example
noting that the developer also paid for the roadway assessments. Staff expressed concern regarding
the City carrying costs for quite some time. Staff reviewed the assessment charges noting the City is
paying to extend utility services for future hook up.
Mr. VonBische stated he understands the City is not in a position to carry costs. He suggested he get
reimbursed when residents hook up. He stated there is no mechanism for him to be reimbursed for
building the street.
17
COUNCIL MINUTES NOVEMBER 13, 2000
Mayor Bergeson inquired about what will happen when the lots to the south develop. The City
Engineer advised staff is open to a mechanism so the street portion of the assessments are reimbursed
back to the developer.
The City Attorney advised there may be a legal problem with that option. He referred to the City
Charter noting General funds cannot be used for streets.
The City Engineer advised the City would be assessing the subdivision to the north and deferring
assessments for the lots to the south.
The City Attorney clarified what the developer is requested. He stated he does not believe the City
can go back and assess for a street that is already there. He advised he will investigate the legality of
the option.
The City Engineer stated the final decision on how the project will d will occur next fall.
Mr. VonBische advised he wants the project to move forwar
Council Member Carlson stated she was on the Planni
reviewed. The residents in Mar Don Acres wanted t
concern that this issue and the option were not b
She stated the item needs to be tabled if a mech
informed about the mechanism.
an Zo Board when the project was
d it was planned for. She expressed
until this evening by the developer.
onsidered. Also, residents need to be
The City Engineer advised that when • a " : as discussed, residents were told they would be
assessed when they subdivide.
Council Member Reinert stat so is this item should be tabled. He clarified that the option
the developer is requests is tha ill be assessed for the whole project. The developer would
then be reimbursed when ners subdivide.
'The City Engineer added theveloper will also be reimbursed for the cost of the roadway.
Council Member Reinert stated it seems the developer is making money.
Mr. VonBische stated the assessments have interest on them. He stated he may not see the
reimbursements for quite some time. Also, he is taking the risk because he may have to lower the
price of his lots if they don't sell.
Mayor Bergeson stated the Council has to approve as presented or table the issue to discuss other
options.
The City Engineer added the other option is for the City to carry the costs and have the City be
reimbursed when the property is subdivided. He noted that was the case in Wenzel Farms.
18
COUNCIL MINUTES NOVEMBER 13, 2000
Mayor Bergeson stated he needs to make it clear that is this issue is tabled, it is not and indicating of
approval for a mechanism for reimbursement. The issue will be tabled for further discussion.
The City Engineer advised the Council should continue the public hearing. The next item on the
agenda will be removed until this issue is voted on.
Mr. VonBische stated the only place he had to discuss this issue was during this meeting because he
also just received the feasibility report. He stated the development agreement is already signed. The
developer has shown good faith.
Council Member Dahl moved to continue the public hearing until the next Council meeting. Council
Member Carlson seconded the motion. Motion carried unanimously.
Resolution No. 00 —112, Bluebill Ponds, Order the Improvement
Specifications (3/5 Vote Required) John Powell — Staff requeste
Council meeting.
Preparation of Plans and
be tabled until the next
Council Member Carlson asked how the homeowners on e s si • would be notified regarding
the proposed changes. Staff advised residents would be no ail.
Council Member Carlson expressed concern reg
stated the City has to be consistent with State S
to absorb some costs if the assessment exc
Charter and value of property. She
the City Charter. The developer may have
t to the property.
Staff advised the City is only conside al with the street assessment. The City is not
proposing to get appraisals.
Council directed the City Att d t R City Engineer to discuss options regarding this issue.
Council Member Carlson
advised residents would be
options.
'idents would get a letter before a decision is made. Staff
ed when staff is aware of the legalities relating to this issue and the
Resolution No. 00 —113,1999 Sealcoating Project, Approve Final Payment (3/5 Vote Required)
John Powell — Staff advised the contractor for the 1999 Sealcoating, Pearson Bros., Inc., is requesting
City approval of Payment No. 3 (final) in the amount of $3,373.92. The original contract amount was
$68,242.20 and the final contract amount is $67,478.45. Approval of the final payment will begin the
one-year warranty period.
Council Member O'Donnell moved to adopt Resolution No. 00 113, as presented. Council Member
Dahl seconded the motion. Motion carried unanimously.
Resolution No. 00 — 113 can be found in the City Clerk's office.
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COUNCIL MINUTES NOVEMBER 13, 2000
Resolution No. 00 —114, Main Street Trunk Utilities, Receive Bids and Award Construction •
Contract (3/5 Vote Required) John Powell — Staff advised sealed bids were received and publicly
opened at 1:00 p.m. on November 7, 2000. The results of the bid opening are outlined in the staff
report. City Council acting is required to award a construction contract to the lowest possible bidder.
The low bid from S.J. Louis Construction, Inc., in the amount of $424,899.00, is approximately 8%
below the Engineer's Estimate for this project. Staff referred to a copy of the complete bid tabulation.
The cost of this project will be recovered through trunk assessments to benefiting properties including
the Bluebill Ponds subdivision.
The completion date for this project is June 30, 2001.
Council Member Reinert asked if the City always takes the low bid. Staff advised there have been
very few cases where the City did not take the low bid. The City has to be able to demonstrate that
the bidder is not responsible.
Council Member Reinert asked if staff is confident the low bid
advised this particular company has done work for the City b
complete the work properly
Council Member Reinert moved to adopt Resolution
Dahl seconded the motion. Motion carried unan
onsistent work. Staff
very confident they can
11 , as presented. Council Member
Resolution No. 00 — 114 can be found int _��itt.� office.
Resolution No. 00 —115, Approve, nt to the Metropolitan Council, Centerville
Interceptor (3/5 Vote Required) � ow - Staff advised easements are required along the west
side of Elmcrest Avenue for th a $; on of the Centerville Interceptor by the Metropolitan
Council. This easement wou cate . on a small portion of the property that the City recently
acquired from Lino Lake LLC. e proposed settlement from the Met Council's attorney has been
reviewed by the City Atto •. ecommends approval. The estimated $20,387.56 payment from
the Met Council should be acein the Surface Water Management Fund. This fund was used to
purchase the underlying pro rty from Lino Lakes, LLC.
Council Member Carlson moved to adopt Resolution No. 00 —115, as presented. Council Member
O'Donnell seconded the motion. Motion carried unanimously.
Resolution No. 00 —115 can be found in the City Clerk's office.
Staff referred to a letter that was received from a resident regarding the individual assessment.
Council Members did receive copies of the letter. Staff advised it was explained to the resident how
her assessment was determined. Staff answered all her questions so she did not feel she needed to be
present this evening. Staff noted they have recognized the concern regarding collecting all assessment
and are looking at a computerized system.
20
•
COUNCIL MINUTES NOVEMBER 13, 2000
UNFINISHED BUSINESS - None
NEW BUSINESS
August 38, 2000, City Council Meeting Minutes (Dahl absent) - Council Member Reinert moved
to approve the August 28, 2000, Council Meeting minutes, as presented. Council Member Carlson
seconded the motion. Motion carried with Council Member Dahl abstaining.
September 6, 2000, Council Work Session Minutes (Carlson absent) - Council Member Dahl
moved to approve the September 11, 2000, Council Work Session minutes, as presented. Council
Member O'Donnell seconded the motion. Motion carried with Council Member Carlson abstaining.
September 11, 2000, City Council Meeting Minutes (Carlson absent) - Council Member Dahl
moved to approve the September 11, 2000, Council Meeting minutes esented. Council Member
Reinert seconded the motion. Motion carried with Council Memb abstaining.
September 25, 2000, City Council Meeting Minutes - Co
approve the September 25, 2000, Council Meeting minut
seconded the motion. Motion carried unanimously.
O'Donnell moved to
d. Council Member Dahl
October 4, 2000, Council Work Session Minus or rgeson absent) - Council Member
Reinert moved to approve the October 4, 2000, ounci ork Session minutes, as presented. Council
Member Carlson seconded the motion. M • e • a ith Mayor Bergeson abstaining.
October 9, 2000, City Council Mee , u `e"''`- Council Member Carlson moved to approve the
October 9, 2000, Council Meeting `s, as presented. Council Member Dahl seconded the
motion. Motion carried unani
September 20, 2000, Co cil o ession Minutes - Council Member Dahl referred to page 3,
paragraph 7. She requeste tes be tabled to allow staff time to check the tape regarding Mr.
Duffy's comments relating ` se for housing.
Council Member Carlson noted she was present at the meeting. She also referred to page 2,
paragraph 4, and asked that the first sentence be deleted from the minutes.
Council Member Dahl moved to table the September 20, 2000, Council Work Session minutes to the
next Council meeting. Council Member Reinert seconded the motion. Motion carried unanimously.
COMMUNITY CALENDAR NOVEMBER 14 THROUGH NOVEMBER 27, 2000:
Special Council Work Session, Wednesday, November 15, 2000, 6:00 p.m.
Council Work Session, Wednesday, November 22, 2000, 5:30 p.m.
21
COUNCIL MINUTES NOVEMBER 13, 2000
City Hall Closed, Thanksgiving Day, Thursday, November 23, 2000
City Hall Closed, Friday, November 24, 2000
City Council Meeting, Monday, November 27, 2000, 6:30 p.m.
Mayor Bergeson requested a discussion be held regarding all actions relating to the Comprehensive
Plan at the next special meeting. He also asked staff to fax Council the agenda for the November 22,
2000, work session and November 27, 2000, Council meeting. He asked that Council Members
contact staff directly with questions so staff has time to prepare.
Council Member Dahl referred to the November 29, 2000, Council meeting and asked if the speaker
will be there. Staff advised a speaker will be present at that meeting.
Council Member Carlson requested the Council plan to meet for three hours at each special
Comprehensive Plan meeting. Council determined the meeting ti will 5:30 p.m. to 8:30 p.m.
ADJOURN
There being no further business, Council Member D. mo ,- d to ourn at 10:00 p.m. Council
Member Carlson seconded the motion. Motion carnis �s ously.
These minutes were considered and approved a _` ar Council Meeting, November 27, 2000.
giekt
Ry-Chel Gaustad, City Clerk
Transcribed by:
Kim Points
TimeSaver Off Site Secreta
22
John ergeson, Mayor