HomeMy WebLinkAbout09/09/2002 Council Minutes•
•
•
APPROVED
CITY OF LINO LAKES
MINUTES
DATE : September 9, 2002
TIME STARTED : 6:34 P.M.
TIME ENDED : 9:09 P.M.
MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and
Mayor Bergeson
MEMBERS ABSENT : None
Staff members present: City Administrator, Linda Waite Smith; City Clerk, Ann Blair; Community
Development Director, Michael Grochala; City Finance Director, Al Rolek; City Engineer, Jim
Studenski; and City Attorney, Barry Sullivan.
SETTING THE AGENDA
Mayor Bergeson noted there had been no handout provided for Agenda item 3D and assumed City
Finance Director Rolek would provide that information.
Mayor Bergeson noted an amended agenda had been submitted this evening, with the removal of
agenda item 7E, Consideration of Resolution 02-110, Approving placement of 2003-2004 Street
Reconstruction Project on the 2002 Election Ballot.
The revised agenda was approved as submitted.
CONSENT AGENDA
Councilmember Carlson moved to approve the Consent Agenda, as submitted. Councilmember
Reinert seconded the motion.
Motion carried unanimously.
ITEM ACTION
A. CONSIDERATION OF EXPENDITURES:
i) September 9, 2002 (Check No. 66003 —
66107, $322,746.53) Approved
ii) Centennial Fire District (Check No. 13378 —
45510, $10,492.34) Approved
iii) Consider Resolution No. 02-118, Approving
Temporary Set-up Liquor License Permit and
3.2 Beer On -Sale Temporary License for
One -Day Event, Lino Lakes Lions Club
Approved
COUNCIL MINUTES SEPTEMBER 9, 2002
• OPEN MIKE
No one was present for open mike.
FINANCE DEPARTMENT REPORT, AL ROLEK
•
Consideration of Resolution No. 02-104, Adopting Proposed Budget, Al Rolek, City Finance
Director Rolek advised Minnesota State Statute requires the City of Lino Lakes to adopt and certify a
proposed 2003 operating budget on or before September 15th of each year. The 2003 budget is
proposed with a 4.04 percent increase over the 2002 budget. The City experienced a market value
growth of 16.59 percent in tax base over the same period. The department budgets within the
proposed budget will be further reviewed by the City Council and staff between September 9th and
December 9th for changes, if needed.
City Finance Director Rolek advised City staff recommends the adoption of Resolution No. 02-104,
Adopting the Proposed 2003 Operating Budget for the City of Lino Lakes.
Councilmember Reinert moved to adopt Resolution No. 02-104, Adopting the Proposed 2003
Operating Budget. Councilmember O'Donnell seconded the motion.
Councilmember Carlson noted a request had been made to begin recording the history of the elderly
residents in Lino Lakes, however, the cost of this project has not been included in the proposed 2003
operating budget. She hoped that this could be funded from the contigency fund.
Councilmember Carlson noted the City's Comprehensive Plan has a goal of limiting new construction
to 147 new homes per year. She indicated the proposed 2003 budget was based on a total of 200 new
homes being constructed.
Mayor Bergeson noted the above motion would set the total amount for the 2003 budget, however,
there was still an opportunity for adjustments to be made to the budget between now and December 9,
2002.
Mayor Bergeson assumed the effort of recording the history of Lino Lakes elderly residents would be
a minor cost.
City Finance Director Rolek noted the proposed budget was a "no -growth" budget for 2003.
Motion carried unanimously.
Resolution No. 02-104 can be found in the City Clerk's office.
Consideration of Resolution No. 02-105, Adopting Preliminary Levy, Al Rolek, City Finance
Director Rolek advised Minnesota State Statute requires the City of Lino Lakes to adopt and certify a
preliminary tax levy for the coming year on or before September 15th of each year.
City Finance Director Rolek indicated Minnesota cities over 2,500 in population are subject to levy
• limits. The levy limits set for 2002 area very tight, with an inflation factor of only 0.76 percent, plus
adjustments for growth in households and 50 percent growth in new commercial/industrial values.
2
•
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
The tax levy proposed for 2002, collectible in 2003, is the maximum levy allowed under the City's
levy limit. The proposed levy will result in a decrease in the City's tax rate for 2003 and should
reduce the City's share of the tax bill for most property owners.
City Finance Director Rolek indicated the proposed levy may be decreased when the final levy is
adopted in December but it cannot be increased. The total levy includes dollars for the general
operating budget, as well as dollars for general bonded debt. The levy will be further reviewed by the
City Council and staff between September 9th and December 9th, for changes, if necessary.
City Finance Director Rolek indicated the total amount levied in the year 2002 for property taxes due
and payable in the year 2003 is $6,124,621. This total amount levied is for the following purposes:
General Operating Levy $5,172,776
Special Levies
Increased PERA Contribution
General Bonded Debt
TOTAL LEVIES
$8,156
$943,689
$6,124,621
City Finance Director Rolek advised City staff recommends the adoption of Resolution No. 02-105,
Adopting the Preliminary 2002 Tax Levy, Collectible in 2003.
Councilmember Carlson moved to adopt Resolution No. 02-105, Adopting the Preliminary 2002 Tax
Levy, Collectible in 2003. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-105 can be found in the City Clerk's office.
Consideration of Resolution No. 02-106, Setting Truth -In -Taxation Hearing Date, Al Rolek,
City Finance Director Rolek advised all government entities are required to hold Truth In Taxation
hearings to receive public input on the proposed levy and general operating budget. Cities may not
hold their hearings on the same dates as Counties and School Districts.
City Finance Director Rolek indicated Resolution No. 02-106 would set Monday, December 9, 2002,
at 6:00 p.m. as the date for the City's Truth -In -Taxation hearing. A continuation hearing, if needed,
would be held Monday, December 16, 2002, at 6:00 p.m., with final adoption of the 2003 tax levy
and general operating budget immediately following the continuation hearing on December 16, 2002.
City Finance Director Rolek advised City staff recommends the adoption of Resolution No. 02-106,
Setting the Truth -In -Taxation hearing dates.
Councilmember O'Donnell moved to adopt Resolution No. 02-106, Setting the Truth -In -Taxation
hearing dates. Councilmember Dahl seconded the motion.
Motion carried unanimously.
3
COUNCIL MINUTES SEPTEMBER 9, 2002
• Resolution No. 02-106 can be found in the City Clerk's office.
•
•
Consideration of Setting Public Hearing for October 21, 2002 — Delinquent Sewer and Water
Utility Bills, Al Rolek, City Finance Director Rolek advised each year sewer and water utility
accounts not collected throughout the year can be certified as collectible with taxes the following
year.
City Finance Director Rolek advised City staff recommends setting a public hearing for October 21,
2002 at 6:30 p.m. to consider delinquent sewer and water utility bills.
Councilmember Reinert moved to set a public hearing for October 21, 2002 at 6:30 p.m. to consider
delinquent sewer and water utility bills. Councilmember Dahl seconded the motion.
Motion carried unanimously.
ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
Consideration of Resolution No. 02-95, Accepting Anoka County's Design for Reconstructing
CSAH 49 from Lake Drive to County Road J, Linda Waite Smith, City Administrator Waite
Smith advised in July 2002, the City notified Anoka County by letter that reconstruction of CSAH
49/Hodgson Road, from Lake Drive to County Road J, is so important that the City is willing to
accept the County's proposed design, even though it does not include some of the elements
recommended by area residents who participated in a lengthy design review process. The City
requested in the July letter that the County include the reconstruction of CSAH 49 in its Capital
Improvement program as soon as possible.
City Administrator Waite Smith indicated there are many projects competing for Anoka County
Capital Improvement funding. The City has been advised that more formal documentation would
strengthen the City's request. Therefore, City staff has developed Resolution No. 02-103 for City
Council consideration. By adopting the resolution, the Mayor and Councilmembers indicate their
individual and group commitment to having the reconstruction project included in the County's Five -
Year Capital Improvement Program.
City Administrator Waite Smith advised City staff recommends adoption of Resolution No. 02-103,
Accepting Anoka County's Design for Reconstructing CSAH 49, from Lake Drive to County Road J.
Councilmember Carlson moved to continue consideration of Resolution No. 02-95, Accepting Anoka
County's Design for Reconstructing CSAH 49, from Lake Drive to County Road J. Councilmember
Dahl seconded the motion.
Councilmember O'Donnell noted the City Council discussed this issue at their work session and he
felt strongly that delaying this action would put this project at risk of not being included on the
County's Five -Year Capital Improvement Program. He felt if this item was tabled for several weeks
the County may take the funds allocated to this project and use them elsewhere, which would place
the burden of financing these road improvements on the shoulders of the Lino Lakes citizens. He felt
there was no justification to table consideration of this item and taking that risk.
4
•
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
Councilmember Carlson indicated she was requesting a two-week continuance of this item because
the City sent a letter to Anoka County in July 2002 and has not yet heard a response to this letter. She
felt it would be appropriate for the City to receive that response prior to taking action on the proposed
Resolution.
Councilmember Carlson noted there had been a great deal of effort by the City and its residents put
into this project and she expressed her appreciation to those individuals. She noted meetings had
been held with the affected residents, who have made a number of compromises regarding this
improvement project, and she thanked them for that. Councilmember Carlson stated she was not
comfortable with passing the proposed Resolution without further discussion on the proposed project.
Councilmember Carlson stated a revised plan had been presented to Anoka County, however, no one
on the committee supported that proposal.
Councilmember O'Donnell stated, while he agreed with Councilmember Carlson's remarks, he was
concerned about a suggestion to delay this decision for two weeks, followed by a comment that the
City should do some re -visioning. He did not feel there was enough time for the City to do this. He
agreed that a large number of individuals have put a great deal of effort into this project and he was
concerned about putting that work and the funding at risk. He felt this would be irresponsible of the
City Council and he did not support tabling consideration of Resolution No. 02-95.
Mayor Bergeson felt the City Council should not delay action on this item since he did not see how
this would accomplish anything. He felt that Anoka County has made it very clear that their proposed
design will not change and he did not believe any additional discussion will change that fact. He
acknowledged there is some frustration regarding this entire process, but he felt there were other ways
to communicate that frustration other than delaying action on the proposed Resolution. He felt the
City Council should follow-up its letter sent to the County in July with a motion approving the
proposed Resolution.
Councilmember Reinert stated if the City Council votes in favor of the proposed Resolution this
evening, they will have then agreed to a four -lane divided highway for Highway 49, which will
eventually cause Lake Drive to become a four -lane divided highway. He stated he does not agree
with this concept and felt there was a better design option available. He felt Anoka County has
played a lot of games throughout this process and he did not support what he felt was being rammed
down the City Council's throats.
Councilmember O'Donnell noted the original proposal by Anoka County has changed and it was his
understanding that Highway 49 would not be a four -lane divided highway between County Road J
and Lake Drive. Rather, he understood the current proposal involved a 100 -foot right-of-way divided
roadway north of Birch Street to Lake Drive, providing the roadway can be posted for 45 miles per
hour speed limit He felt the County was being truthful in that this was the bottom line. He noted if
there was a risk of these funds going elsewhere and this project not being completed, the intersection
and bridge would be reconstructed to the four -lane divided highway specifications, with a two-lane
roadway in the middle, which he felt would be a nightmare for traffic to navigate.
Councilmember Dahl concurred with Councilmembers Reinert and Carlson. She felt there is a better
design option and she too would prefer to hear a response back from Anoka County on the July 2002
letter from the City Council. She felt the proposed Resolution would be redundant, considering the
5
COUNCIL MINUTES SEPTEMBER 9, 2002
• letter sent in July. She felt the letter should be enough to give the City credibility. She was not
prepared this evening to consider the proposed Resolution and she would prefer to hear back from the
entire County Board before passing the Resolution because she was not aware of how the Board felt
about the City's letter. She felt the Council should discuss this issue further during the next Council
work session to determine what other action should be taken.
•
Councilmember Carlson stated Anoka County originally proposed a wider roadway than currently
being proposed and acknowledged that the County did present a compromise of a 100 -foot right-of-
way. Councilmember Carlson believed Anoka County has already pulled the funds dedicated to this
proj ect.
Councilmember Carlson stated she too was concerned about losing the funds for this project,
however, she noted the County has not indicated whether they were willing to accept the plan
proposed by the City.
Councilmember O'Donnell felt there was a major difference between the plans presented two years
ago and the final plan on the table today. He noted the new plans removed the median south of Birch
Street and the County was willing to work with the City to set the speed limit in this area at 45 miles
per hour. He did not feel the efforts put into these plans were wasted.
Mayor Bergeson noted the funding for this project would come from State turn -back money. He
indicated Highway 49 had been a State road but is now a County road. He stated when the road was
given to the County, the State had also provided one-time funding for upgrading the road. He
indicated those funds would provide a one-time opportunity for the County to reconstruct the
roadway and he was concerned that the funds may go to another community.
Mayor Bergeson indicated he had not expected a response back from Anoka County on the July 2002
letter. He noted the County had asked the City Council if they were willing to support the proposed
design and the City had sent a letter indicating that they were.
Councilmember O'Donnell questioned whether there was an estimate on how much this project
would cost the taxpayers of Lino Lakes if the County chose to utilize those turn -back funds
elsewhere.
Community Development Director Grochala stated he did not have these figures available, however,
he indicated there would be the standard cost participation on the part of Anoka County to reconstruct
this roadway.
Councilmember O'Donnell requested confirmation that the effect to the City would be minimal if the
County funding was lost. Community Development Director did not believe the affect would be
minimal, however, he did not have an exact estimate on the total cost to the City.
Councilmember Reinert recalled that information had been provided to the City that if the City did
not accept Anoka County's design proposal and the turn -back funds were not utilized for this project,
then the burden of the project would be on the City. However, he believed that this was incorrect
information since this would remain a County highway and the reconstruction of the road would still
• be the responsibility of the County.
6
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
Councilmember Reinert stated he would have loved to have been able to utilize the $3,000,000 in
turn -back money to reconstruct Highway 49, however, he felt the proposed design was wrong for
Lino Lakes. He noted Highway 49 runs through a residential neighborhood. He indicated that the
plan at this time was to construct a four -lane divided highway and, if the Minnesota Department of
Transportation allows the speed limit to be reduced to 45 miles per hour on the southern portion, then
the project could consist of a four -lane, non -divided highway. He noted there were no guarantees that
the speed limit will be reduced and he was not confident there will be a 45 miles per hour speed limit
south of Birch Street. Therefore, he anticipated that the project would involve a four -lane divided
highway.
Councilmember Reinert stated if Anoka County had worked with Lino Lakes and had provided a
long-term plan on how they wanted Highway 49 and Lake Drive developed in the future, the City
would likely have developed the areas along those highways differently, with larger setbacks for the
homes constructed along the road so there would not be semi -truck traffic traveling right by the
residents' bedroom windows.
Councilmember Reinert felt it was a shame that Anoka County has not worked with the City over the
past two years to develop a palatable plan that all parties could accept. He felt that this proposed road
design was wrong and he looked forward to a better design being proposed. He did not feel that
opposing the proposed plan would burn any bridges since this roadway will eventually have to be
reconstructed at Anoka County's cost, with approval by the City of Lino Lakes.
Councilmember Carlson noted during the Council work session a request had been made for City
staff to attempt to determine whether County funds were still available for this project and where the
County stood on the plans proposed by the City in its letter sent to the County in July. She was
concerned that all these discussions were taking place on the Lino Lakes side but there has been no
response from Anoka County. Therefore, she asked that this item be tabled for two weeks to allow
additional time for a response to be received.
Mayor Bergeson questioned whether any new information has been received since the Council work
session. Community Development Director Grochala stated that there has not.
Community Development Director Grochala indicated the City received a letter in April 2002 from
Anoka County, which included a compromised plan. This letter indicated if the City did not support
the compromise, then the County would move forward with their original proposal. He stated the
City responded to the County in July indicating that they would accept the compromised proposal and
Anoka County officials have asked that this acceptance be submitted in a formal resolution.
Community Development Director Grochala expressed concern for comments made this evening by
Councilmembers that the July 2002 letter should be enough and that there should be a follow-up
response from the County. He felt Anoka County has been upfront about this project and that their
future projections for Highway 49 indicate the need for a four lane roadway. He noted Anoka County
has many other projects to consider and, projects without community support will be low on their list
of priorities.
Councilmember O'Donnell requested an amendment to the motion to continue consideration of
• Resolution No. 02-95 to the Monday, September 23, 2002 regular City Council meeting.
7
•
COUNCIL MINUTES SEPTEMBER 9, 2002
Mayor Bergeson questioned Councilmember Carlson if this had been the intent of her motion.
Councilmember Carlson stated this had been her intent, although she had not specified the date. She
stated she would prefer to obtain additional information from Anoka County regarding whether the
funds are still available for this project and whether the County was willing to accept the plans
proposed in the City's July 2002 letter to the County.
Councilmember Carlson clarified her motion to table consideration of Resolution No. 02-95 to the
Monday, September 23, 2002 regular City Council meeting. As seconder of the original motion,
Councilmember Dahl supported this clarification.
Councilmember Carlson noted during the Council work session the City Council had indicated what
information they want from Anoka County and she did not feel the motion to table needed to be
amended to include this request.
Mayor Bergeson questioned City staff whether they were clear on what information is being
requested from Anoka County. Community Development Director Grochala responded affirmatively.
Mayor Bergeson noted there had been a discussion on the possibility of the southern portion of the
roadway being constructed to a four -lane width but being striped for only three lanes at this time. He
questioned whether this would be possible.
Community Development Director Grochala indicated the proposed plans did include the build -out of
• the roadway south of Birch Street to a four lane width but with the roadway being striped with two
lanes and a middle turn lane.
Mayor Bergeson noted this was not a public hearing but offered to take brief public comments at this
time.
Robert Benning indicated he has attended many meetings regarding this issue over the past two years.
He stated, although he does not live along Highway 49, he uses this highway every day. He felt that
there has been give and take on both sides and he could not see what the City would gain by delaying
this decision two more weeks. He felt all the information has been provided. He noted during the
Council work session he had heard concern that voting on this project could affect the primary
elections. He hoped that this project would not be delayed.
Regarding the outcome of the project for Highway 49, Mr. Benning noted all people must live with
the decisions they make on where they choose to live. He indicated that when he moved to the
community he chose not to live on Highway 49 because it was a County highway. He stated no one
forced the current residents to purchase their houses on Highway 49 and all those residents were
aware that Highway 49 was a County highway.
Lynn Heaser questioned what the City Council was being asked to vote on this evening. She
indicated she had not been informed about the discussions during the recent Council work session and
questioned whether the proposal under consideration was what the residents wanted.
• Mayor Bergeson stated the action under consideration this evening was to pass a Resolution that
would follow-up the letter sent by the City to Anoka County in July 2002. He indicated there has
8
•
COUNCIL MINUTES SEPTEMBER 9, 2002
been a motion made to table consideration of this item to the Monday, September 23, 2002 regular
City Council meeting.
Ms. Heaser questioned whether the affected residents will be notified of this process. City
Administrator Waite Smith indicated the residents had not been notified of the action under
consideration this evening because staff had felt this would not be a controversial issue since the
action would simply be restating the letter sent to the County in July. She indicated, if the current
motion to table consideration of Resolution 02-95 passes, then this issue will be added to the next
City Council work session agenda.
Councilmember Carlson noted during the recent Council work session it had been noted that the
residents who have worked on these plans had not been notified that the item was to be discussed that
evening.
Community Development Director Grochala indicated he had offered to notify Ms. Heaser when this
matter was to be under consideration by the Council. He apologized for not following through with
this notification. He explained that what was under consideration this evening was a Resolution
solidifying the letter sent to Anoka County in July. He noted neighborhood meetings have been held
regarding this proposed project and the County has indicated what they were willing to do.
Therefore, he indicated this process has moved past the public input process.
Motion carried 3-2, Mayor Bergeson and Councilmember O'Donnell opposed.
• Consider Changes to Electrical Inspections, Linda Waite Smith
1. Resolution No.
Inspections
2. Ordinance No.
Inspector
02-119, Terminating Contract with K. L. Peterson, d/b/a Suburban
10-02, Repealing Ordinance 18-95, Establishing Position of Electrical
City Administrator Waite Smith advised the City is in the middle of a two-year contract with K. L.
Peterson, Inc., doing business as Suburban Inspections, to provide electrical inspections. The contract
contains insurance requirements, which if not met, make the contract terminate immediately. Mr.
Peterson's errors and omissions insurance coverage expires September 10, 2002, and he has indicated
that he will not renew it. Therefore, the City must officially terminate the contract and make
alternative arrangements to provide electrical inspections.
City Administrator Waite Smith indicated staff is recommending the City contract with the State of
Minnesota to provide electrical inspections and staff has been advised that can occur within 30 days.
Staff has also been advised that Ordinance 18-95, which authorized the City to establish an Electrical
Inspector position and collect permit fees must be repealed before the City can contract with the State.
Given the short notice of Mr. Peterson's intent, and the need to maintain electrical inspections, the
City Attorney has advised the City can use an emergency ordinance to repeal Ordinance 18-95.
City Administrator Waite Smith advised, as soon as Ordinance 18-95 is repealed, the State assumes
• responsibility for the City's electrical inspections by default. However, they will not be able to cover
9
•
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
inspections until October 1. In the meantime, the City will arrange alternative insurance coverage so
Mr. Peterson can complete the inspections that are already in process.
City Administrator Waite Smith advised City staff recommends adoption of Resolution No. 02-119,
Terminating the Contract with K. L. Peterson, Inc., d/b/a Suburban Inspections, effective September
30, 2002.
City Administrator Waite Smith advised City staff recommends approval of Emergency Ordinance
No. 10-02, Appealing Ordinance No. 18-95, Establishing the Position and Duties of Electrical
Inspector.
Councilmember Dahl noted in the past the City shared inspection services with White Bear Lake and
questioned whether it would be possible to come to this type of agreement for the electrical inspection
services for the next two weeks.
City Administrator Waite Smith indicated the inspection service agreement with White Bear Lake had
been for building inspection services, whereas electrical inspection services is a specialized field.
Mayor Bergeson questioned what will happen if it is not possible for the City to obtain insurance for
Mr. Peterson until October 1, 2002. City Administrator Waite Smith indicated City staff has calls
into the State looking for other options and that there may be the possibility of contracting with an
employee of the State.
Councilmember O'Donnell moved to adopt Resolution No. 02-119, Terminating the Contract with K.
L. Peterson, Inc., d/b/a Suburban Inspections, effective September 30, 2002. Councilmember Carlson
seconded the motion.
Councilmember Carlson questioned, if the inspection contract is terminated and the previous
ordinance repealed, would it be possible for the individual contractor to continue working for the City
until such time as the State takes over inspection services.
City Administrator Waite Smith responded affirmatively and indicated the contract with Mr. Peterson
would terminate effective September 30, 2002.
Motion carried unanimously.
Resolution No. 02-119 can be found in the City Clerk's office.
Councilmember Reinert moved to approve Emergency Ordinance No. 10-02, Appealing Ordinance
No. 18-95, Establishing the Position and Duties of Electrical Inspector. Councilmember Dahl
seconded the motion.
Mayor Bergeson voted yea. Councilmember Carlson voted yea. Councilmember Dahl voted yea.
Councilmember O'Donnell voted yea. Councilmember Reinert voted yea.
Motion carried unanimously.
Ordinance No. 10-02 can be found in the City Clerk's office.
10
COUNCIL MINUTES SEPTEMBER 9, 2002
• Consideration of Resolution No. 02-121, Authorizing Expenditure of $26,000 from Capital
Improvement Fund (401) to Address Civic Center Complex Air Quality Issues, Linda Waite
Smith, City Administrator Waite Smith advised during the past six months the City has experienced
an increasing number of problems with air temperature and quality in the Civic Center Complex.
City staff has engaged two specialists to examine the City's HVAC system to identify the source of
the problems and recommend potential solutions. The recommendations include installing carbon
monoxide detectors at several locations, a centralized electronic monitoring system that alerts the City
to problems and allows the City to check those areas from one location, and a programming control
override to help dehumidify air brought in from outside.
•
•
City Administrator Waite Smith indicated the estimated costs for checking the system and installing
necessary equipment to resolve the problem is $26,000. City staff was requesting authorization to use
$26,000 from the Capital Improvement Program Fund (401) to pay these costs. Depending upon the
final outcome of the system review, it may be necessary to implement additional measures in the
future.
City Administrator Waite Smith noted $83,000 had been transferred from the Civic Center Complex
fund into the Capital Improvement Program Fund (401) and had City staff been aware of this new
expense related to the Civic Center Complex, this recent transfer would not have taken place.
City Administrator Waite Smith advised City staff recommends adoption of Resolution No. 02-121,
Authorizing Expenditure of $26,000 from Capital Improvement Fund (401) to Address Civic Center
Complex Air Quality Issues.
Councilmember O'Donnell questioned whether any of the proposed improvements to the City's
HVAC system would have to be undone once the Civic Center Complex reaches full capacity. City
Administrator Waite Smith did not believe this would be the case.
Councilmember Dahl questioned whether these improvements will address the hot and cold spots in
the Civic Center Complex. City Administrator Waite Smith indicated this could not be guaranteed,
however, the intent was to further examine the system to determine the problems and to even out the
air temperature.
Mayor Bergeson noted it had been discussed during the Council work session that there has been a
build up of mold in the system, which was one concern that initiated this proposed action.
Councilmember Reinert moved to adopt Resolution No. 02-121, Authorizing Expenditure of $26,000
from Capital Improvement Fund (401) to Address Civic Center Complex Air Quality Issues.
Councilmember O'Donnell seconded the motion.
Councilmember Carlson felt that the authorization of $26,000 for this project would be money well
spent considering the health of City employees and the children attending day-care in the Civic
Center Complex. She noted it may be possible that the proposed solutions may not resolve the
situation, which may result in additional large expenditures. She felt that the City may need to look at
who is responsible for the cost of these repairs. She felt it did not make sense to design a structure
assuming full -occupancy from the start and she felt the expenses to correct these issues should not be
paid by the citizens of the City.
11
COUNCIL MINUTES SEPTEMBER 9, 2002
• City Administrator Waite Smith indicated she has been in contact with the League of Minnesota
•
Cities regarding possible compensation for those expenses.
Motion carried unanimously.
Resolution No. 02-121 can be found in the City Clerk's office.
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, MIKE GROCHALA
JADT Addition, Bob Kirmis (NAC)
1. Consideration of Resolution No. 02-111, Approving Preliminary Plat
2. Consideration of Resolution No. 02-112, Approving Site and Building Plans
3. Consideration of Resolution No. 02-113, Approving Conditional Use Permit for an
Accessory Drive Through, Lot 4, JADT Addition
Mr. Kirmis advised JADT Development Group, LLC has requested preliminary plat approval to allow
a four lot, commercial subdivision (JADT Addition) on property located east of County Road 23,
between Apollo Drive and I -35W. The subject 7.0 acre development overlays Outlot B of the Lino
Lakes Commercial Development Planned Development Overlay (PDO), which was approved last
year.
Mr. Kirmis indicated, in conjunction with the preliminary plat request, the applicant is also requesting
site and building plan approval to allow the construction of a 14,172 square -foot retail strip center
upon proposed Lot 4 of the subdivision, and a conditional use permit to allow a drive-thru facility.
Mr. Kirmis indicated the subject property is zoned SC, Shopping Center, with a PDO, to allow
various design flexibilities.
Mr. Kirmis indicated access to three of the four lots (Lots 1 through 3) will be provided via an
existing private street located east of the adjacent McDonald's site. While the Ordinance requires all
lots be provided access via a public street access, flexibility to this requirement can be accommodated
via the PDO. As part of the City's previous consideration of the McDonald's proposal, a
determination was made that access to the subject property would be provided by the existing private
street.
12
•
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
Mr. Kirmis advised the SC District requires a minimum lot size of three acres. Through the PDO,
however, flexibility to this requirement can be provided without need for a variance. As shown on
the preliminary plat, the proposed lots range in size from 1.7 to 2.3 acres. As demonstrated via the
submission of the site plans, the configuration of the proposed lots is conducive to future commercial
development.
Mr. Kirmis stated the tree preservation plan has been superimposed upon the preliminary grading
plan. According to the plan, 22 significant trees exist upon the subject property. Of those significant
trees, 16 are to be saved. All trees to be saved are to be flagged and protected by snow fence prior to
construction.
Mr. Kirmis indicated the applicant is seeking site and building plan approval to allow the construction
of a 14,172 square -foot retail commercial center upon proposed Lot 4. At such time when specific
development projects exist for the remaining lots in the subdivision (Lots 1-3), they will likewise be
subject to a site and building plan review process. At this point, the site plans provided for Lots 1-3
are conceptual in nature and are intended to demonstrate the developability of the lots and
comprehensive storm water management and circulation system.
Mr. Kirmis indicated the total green space requirements of the SC District is 25 percent of the
property. The applicant has proposed a total green space for this development of 46 percent. Within
SC zoning districts, a 50 -foot setback is required from arterial streets. As shown on the preliminary
site plan, a 30 -foot principal building setback has been proposed along I -35W. At 2.3 acres in size,
the subject property also fails to meet the minimum three acre lot requirement imposed in the SC
District.
Mr. Kirmis indicated the PDO section of the ordinance does state however, that perimeter setbacks
can be established by applying the setback requirements of the surrounding district, or can be related
to the height of the buildings. While both the proposed setback and lot area deviations can be
accommodated via the PDO, City officials should determine their acceptability.
Mr. Kirmis indicated, as a condition of site and building plan approval, a determination should be
made that the proposed building is consistent with the design guidelines of the Lino Lakes
Marketplace PDO. As shown on the submitted building elevations, the proposed building replicates
many of the design features of the adjacent Target and Kohl's buildings, including:
• Colonial -style gable roof forms
• Cornice details
• A defined base
• Accentuated building corners
• Finish colors
Mr. Kirmis indicated the architectural appearance of the building, finish materials, and color
selections are considered consistent with the Marketplace PDO design guidelines.
Mr. Kirmis advised, in accordance with the original PDO approval, a tree replacement plan was
required to be designed in cooperation with City staff. A one for one replacement was intended for
this site. The tree inventory previously prepared by the applicant identified 217 significant trees
13
COUNCIL MINUTES SEPTEMBER 9, 2002
• (eight -inch or greater) within the proposed subdivision. Of these trees, 16 are intended to be
preserved. This would require 201 trees to be provided as part of the development of the entire site.
•
As shown on the landscape plan, a variety of trees are proposed on site. Specifically, a mixture of
Scotch Pine, Colorado Blue Spruce and Cranberry Viburnum have been proposed along the Interstate
corridor, while a row of Little Leaf Linden trees have been proposed along Apollo Drive.
Additionally, a row of Dogwoods has been proposed along the site's wetland.
Mr. Kirmis advised, according to Section 3, Subd. 4.G of the ordinance, all refuse and recyclable
materials must be stored within the principal building, or within an accessory structure (within a side
or rear yard) that is totally screened from eye level view from neighboring uses and public right of
ways. As shown on the submitted plans, trash enclosures have been proposed on the east and west
sides of the building.
While the proposed locations technically meet the requirements of the ordinance, some concern exists
in regard to the placement of the westerly structure. Of specific concern is the visibility of the
enclosure from Apollo Drive. To de-emphasize the enclosure, it is suggested that it be shifted to the
south and attached to the northwest side of the principal building, or additional landscaping be
included to more adequately screen the enclosure.
Mr. Kirmis indicated, while the multi -tenant building sign requirements of the Marketplace PDO
design guidelines are specific to buildings north of Apollo Drive, it is believed the requirements
should likewise be applied to the subject building in order to maintain area consistency. In this
regard, wall signs for the subject building should be in accordance with the following:
1. Building fronts should have a maximum average sign height of 30 inches and a
maximum width equal to 80 percent of the lease width. Capital letters should not
exceed 36 inches.
2. Building rears should have a maximum average sign height of 24 inches and a
maximum width equal to 60 percent of the lease width. Capital letters should not
exceed 30 inches.
3. In no case should the total sign area, per business, exceed 100 square feet for building
fronts and 75 square feet for building rears.
The applicant is proposing one freestanding sign in the southwest corner of the development. Such
sign location is considered acceptable but should not exceed 25 feet in height, consistent with other
signs in the Marketplace development.
Mr. Kirmis advised the applicant is requesting approval of a conditional use permit to allow an
accessory drive-thru facility. The proposed drive-thru lane is located on the east side of the building
and is configured to provide ample stacking space and minimize site disruptions. It is estimated that
stacking space exists for a minimum of eight vehicles.
Mr. Kirmis advised the Planning and Zoning Board reviewed the preliminary plat, site and building
• plans and conditional use permit for an accessory drive-thru at their August 14, 2002 regular meeting.
14
•
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
The Board recommended approval of all three requests with the conditions outlined in the staff
recommendation.
Mr. Kirmis advised staff recommends approval of the preliminary plat request based on the findings
in Resolution No. 02-111, and subject to the conditions in the resolution.
Mr. Kirmis advised staff recommends approval of the site and building plan request, based on the
findings in Resolution No. 02-112, and subject to the conditions in the resolution.
Mr. Kirmis advised staff recommends approval of the conditional use permit request, based on the
findings in Resolution No. 02-113, subject to the conditions in the resolution.
Councilmember Carlson requested confirmation that the CEPTED report has been verified and the
issues contained within that review have been resolved. Mr. Kirmis stated this was correct.
Councilmember Carlson requested confirmation whether the engineering concerns of August 9, 2002
have been addressed. Mr. Kirmis responded affirmatively.
Mayor Bergeson stated he was in favor of the concept of PDO's and he felt it best when developers
and City staff negotiate details of a development, such as with this example. He noted there are
normally no stipulations made regarding who the tenants of a development will be. However, during
the review process of this development he had heard that a tobacco shop may occupy one of the
spaces. He indicated this had not been brought up during the Planning and Zoning Board review of
this development and he was concerned that this development was to be a family-oriented shopping
center. He was not certain it would be appropriate to allow a tobacco shop in this center.
The Applicant indicated he has met with some mixed response from the market place on this
proposed shopping center. He indicated he received an early response from a liquor store wishing to
locate within this development and this business intended to sell some tobacco products. He noted
this use was allowed under the current zoning designation.
Mayor Bergeson stated he understood that many different types of establishments sell tobacco
products, however, he was concerned with the possibility of a large portion of this shopping center
being dedicated to the sale of tobacco products and a large tobacco store sign being constructed. He
felt this would not fit with his vision of the proposed development.
The Applicant indicated the tenant would not be a tobacco store, rather a liquor store that sells
tobacco products has expressed interest in this development. He indicated the other interested tenants
for this shopping center were Caribou Coffee, Subway, Papa Murphy's Pizza and Movie Gallery.
Councilmember Carlson expressed concern that the City ordinance does not specifically address
tobacco and liquor uses. She noted the license submitted by the subject tenant had the name Eagle
Liquor and Tobacco. She too was concerned that this was intended to be a family oriented shopping
center with family businesses and she did not want too many adult-oriented businesses. She noted the
City would be providing flexibility on the proposed lot sizes and setbacks and she asked that this
development include one or another adult -related business but not both.
15
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
The Applicant noted the proposed business will have to come before the City Council for approval of
their licenses.
Councilmember Carlson noted the City's ordinance does not allow the City Council to deny such a
license application. She questioned whether the applicant would be willing to agree to not allowing
such adult uses to occupy space within this shopping center development.
The Applicant was not certain how to address this request.
Community Development Director Grochala indicated this PDO had been approved in 1999 and was
zoned Shopping Center District. He did not believe the City would be in the position to restrict the
sale of tobacco products within this shopping center since this use falls under the approved retail use
ordinance.
Councilmember Carlson acknowledged that there were certain items that the City allows in exchange
for a PDO, such as smaller lot sizes and setbacks, which allows the City to regulate certain items such
as building design, materials and open space. She noted the City's ordinance does not specifically
address these requirements and questioned why the City Council could not also address tobacco as a
use within a PDO.
It was the City Attorney's opinion that if the City's ordinance does not specifically address a
particular use, then the City Council can not deny a permitted use. Additionally, he indicated the
Council could not deny the PDO based solely on the proposed tenants.
Mayor Bergeson questioned whether there could be limits on the amount and square -footage of
signage related to a tobacco use.
It was the City Attorney's opinion that this would be making a distinction based on a particular use,
which could result in First Amendment rights and zoning issues, unless the ordinance specifically
addressed this type of issue.
Councilmember Carlson felt it was clear that the City's ordinance was lacking in that it does not
allow the City Council to make this type of decision. She questioned, if the City Council passed an
ordinance addressing the sale of tobacco products in shopping centers, would this proposed use be
grandfathered in.
Community Development Director Grochala responded affirmatively. He felt this was not an issue
with there being a hole in the City's ordinance, rather this issue simply has not been addressed before.
He indicated it was typical for a liquor store to hold a tobacco license, however, in this case, because
tobacco is included in the name of the business, the sale of tobacco products may be a larger than
standard part of the business.
Mayor Bergeson stated his initial concern was that a tenant not sell tobacco as a primary business,
which he noted was not the case with the proposed tenant.
Councilmember Carlson noted an earlier proposal showed two different proposed uses, one a liquor
store and another a tobacco shop.
16
•
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
City Clerk Blair recalled that, per the license applicant for the subject tenant, the business would
consist of two separate parts and the tobacco portion of the business would be more intense than for
other liquor stores.
The Applicant indicated he has not seen the proposed floor plan for the subject tenant, however, he
had assumed that this was a legal use that would conform to City standards. He noted a lease has not
yet been negotiated for this tenant, rather the proposed tenant has simply submitted a letter of intent to
locate within this shopping center.
Mr. Kirmis noted the PDO zoning of Shopping Center District regulates the uses. He felt the City
was bound to allow permitted uses to locate within a development. He added a PDO is an overlay
that establishes flexibility in certain criteria but does not address specific uses.
Mayor Bergeson indicated a developer does not have a given right to a PDO. He indicated a PDO is
an agreement between the City and a developer to make concessions for a better design, which he felt
was true in this situation. He noted the proposed building is better looking than the basic
requirements of the Shopping Center Zoning District.
Councilmember Dahl acknowledged that a liquor store may sell tobacco products and questioned
whether the letter of intent from the proposed tenant had indicated the percentage of the business that
would relate to tobacco product sales.
The Applicant indicated at this point this is only a prospective tenant and it was his understanding
that this business has not obtained the necessary licenses. He indicated the letter of intent was rather
vague and he assumed this business would simply be a liquor store that would sell some tobacco
products.
Mayor Bergeson hoped that the applicant has heard the concerns of the City Council regarding uses
that are compatible with a family-oriented shopping center. He noted the Council has heard from
City staff that the City does not have a great deal of legal leverage to limit the proposed uses.
Councilmember O'Donnell moved to adopt Resolution No. 02-111, Approving Preliminary Plat for
the JADT Addition, as submitted. Councilmember Carlson seconded the motion.
Motion carried unanimously.
Resolution No. 02-111 can be found in the City Clerk's office.
Councilmember Dahl moved to adopt Resolution No. 02-112, Approving Site and Building Plans for
the JADT Addition, as submitted. Councilmember Reinert seconded the motion.
Motion carried unanimously.
Resolution No. 02-112 can be found in the City Clerk's office.
Councilmember Reinert moved to adopt Resolution No. 02-113, Approving Conditional Use Permit
for an Accessory Drive Through, Lot 4, JADT Addition, as submitted. Councilmember Dahl
seconded the motion.
17
COUNCIL MINUTES SEPTEMBER 9, 2002
• Motion carried unanimously.
•
•
Resolution No. 02-113 can be found in the City Clerk's office.
Consideration of SECOND Reading of Ordinance No. 07-02, Rezoning Certain Real Property
from R, Rural, to R -1X, Single Family Executive, Stoneybrook, Michael Grochala — Community
Development Director Grochala advised Tollefson Development, Inc. has submitted an application
for preliminary plat approval of Stoneybrook, a 102 lot single-family residential subdivision. The
request also required approval to allocate MUSA to the site and a rezoning from R, Rural District, to
R -1X, Single -Family Executive Residential District.
Community Development Director Grochala indicated the City Council approved the First Reading of
Ordinance 07-02, rezoning the property from R, Rural, to R -1X, Single -Family Executive Residential
District, on August 26, 2002. The City Council also approved Resolution No. 02-77, allocating
MUSA to the site and Resolution No. 02-78, approving the preliminary plat on August 26, 2002.
Community Development Director Grochala advised City staff recommends approval of the
SECOND Reading of Ordinance No. 07-02, Rezoning Certain Real Property from R, Rural, to R -1X,
Single Family Executive District, Stoneybrook.
Councilmember Carlson moved to approve the SECOND Reading of Ordinance No. 07-02, Rezoning
Certain Real Property from R, Rural, to R -1X, Single Family Executive District, Stoneybrook.
Councilmember Dahl seconded the motion.
Mayor Bergeson voted yea. Councilmember Carlson voted yea. Councilmember Dahl voted yea.
Councilmember O'Donnell voted yea. Councilmember Reinert voted yea.
Motion carried unanimously.
Ordinance No. 07-02 can be found in the City Clerk's office.
Consideration of Resolution No. 02-107, Authorizing Preparation of Plans and Specifications,
Marshan Lane Utilities, Jim Studenski — City Engineer Studenski advised the City received a
petition from four of the 10 residents on May 13, 2002 requesting installation of sanitary sewer and
water utilities on Marshan Lane. A public hearing was held on July 8, 2002, for the improvements.
On August 5, 2002, a neighborhood meeting was held to address any questions regarding the project.
City Engineer Studenski stated as of Friday, September 6, 2002, a petition was received from five of
the 10 residents expressing opposition to the installation of water and sewer in the Marshan Lane
area. He reviewed the statement included in this petition.
City Engineer Studenski stated City staff, in consultation with the City Attorney, recommends the
tabling of Resolution No. 02-107, Authorizing Preparation of Plans and Specifications, Marshan Lane
Utilities, to allow staff to reevaluate the situation and come back before the City Council with
options.
18
•
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
Councilmember Carlson noted a letter had been submitted by Mr. Funkhouser with concerns
regarding the easement, oak trees and major survey discrepancies. She questioned whether City staff
has addressed these concerns.
City Engineer Studenski stated City staff has reviewed these concerns and would have worked
through them with the plans and specifications.
Councilmember Carlson noted the proposed schedule would have an assessment hearing being held
on February 10, 2003. She questioned whether the City would first hire an appraiser to ensure that
the proposed assessments would not exceed the amount the improvements would increase the
property values.
City Engineer Studenski noted this process had been discussed previously. He indicated once the
plans and specifications were completed, the residents would have an opportunity to vote for or
against the project prior to ordering in the improvements.
Community Development Director Grochala noted, because this was a citizen initiated project, the
intended process had been to prepare the plans and specifications, advertise for and award the bid,
then hold the assessment hearing. If, during the subsequent 30 -day appeal process, an appeal of the
proposed assessments was submitted, then the City would have the option of either hiring an
appraiser or dropping the project.
Councilmember Carlson expressed concern that during a similar project in the past the City had not
hired an appraiser upfront. She questioned whether there may be means to bring down the cost of the
project for those residents who would not benefit from the improvements.
Councilmember Carlson referred to a League of Minnesota Cities document prepared by Duke
Addicks which stated that the City must have an appraisal in order to support the proposed
assessments.
Community Development Director Grochala indicated, per Chapter 429, the City has the right to
move forward with a public improvement project, providing the project is approved with a super -
majority vote of the full Council, regardless of whether the project is approved by the affected
residents. However, he indicated the City of Lino Lakes has additional requirements whereby if a
petition is received against an improvement project that contains more signatures than the petition
requesting the improvements, then the City can drop the project.
Community Development Director Grochala felt at this point the issue of assessments was a moot
point. He indicated, because of the recent petition received in opposition of the proposed
improvement project, City staff must now consider the options available, which was the reason staff
has requested that this item be tabled.
Mayor Bergeson agreed that City staff has made a request to table consideration of this project, which
he felt should be honored.
City Administrator Waite Smith noted the petition received last Friday indicated that the residents
have not been advised on what the unit cost will be from the City. She asked if City staff understood
this concern.
19
•
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
City Engineer Studenski responded affirmatively and indicated that this information has been passed
on to the residents.
Councilmember Carlson noted sewer and water services are available in this location and she felt
extending these utilities through the subject area would be good for the residents and the City. She
hoped there would be some way to bring the cost of the project down so the residents would not be
assessed more than the project would improve their property values.
Councilmember Reinert moved to table consideration of Resolution No. 02-107, Authorizing
Preparation of Plans and Specifications, Marshan Lane Utilities, to the Monday, September 23, 2002
regular City Council meeting. Councilmember Dahl seconded the motion.
Motion carried unanimously.
21st Avenue Street and Storm Sewer Improvements, Jim Studenski
1. Consideration of Resolution No. 02-108, Approving the Revised Joint Powers Agreement
with the City of Centerville
2. Consideration of Resolution No. 02-109, Authorizing Preparation of Plans and
Specifications, 21st Avenue Street and Storm Sewer Improvements
City Engineer Studenski advised, after discussions with the City of Centerville, a Joint Powers
Agreement (JPA) for 21st Avenue was approved by the Lino Lakes City Council on August 10, 1998.
Minor changes to the JPA were approved by the Lino Lakes City Council on June 11, 2002. An
additional change is proposed as shown in italics on the attached version. The change affects item "a"
on page 1, defining the street improvement to a length of 600 feet south of Main Street. The City of
Centerville will consider the JPA at their September 11, 2002 meeting.
City Engineer Studenski advised City staff recommends the adoption of Resolution No. 02-108,
Approving the Revised Joint Powers Agreement with the City of Centerville.
Councilmember Dahl moved to adopt Resolution No. 02-108, Approving the Revised Joint Powers
Agreement with the City of Centerville. Councilmember Reinert seconded the motion.
Motion carried unanimously.
Resolution No. 02-108 can be found in the City Clerk's office.
City Engineer Studenski advised at the August 12, 2002 City Council meeting, a hearing was held on
the proposed installation of roadway and storm sewer improvements on 21st Avenue and a portion of
Northern Lights Boulevard. Following the public hearing, City staff held a meeting with the City of
Centerville and reviewed the Joint Powers Agreement and the proposed improvements. In
accordance with Minnesota State Statute 429, the next step is to order the improvement and
preparation of construction documents.
20
COUNCIL MINUTES SEPTEMBER 9, 2002
• City Engineer Studenski advised City staff recommends the adoption of Resolution No. 02-109,
Authorizing Preparation of Plans and Specifications, 21' Avenue Street and Storm Sewer
Improvements.
•
Councilmember O'Donnell moved to adopt Resolution No. 02- No. 02-109, Authorizing Preparation
of Plans and Specifications, 21st Avenue Street and Storm Sewer Improvements. Councilmember
Carlson seconded the motion.
Motion carried unanimously.
Resolution No. 02-109 can be found in the City Clerk's office.
Consideration of Resolution No. 02-114, Approving Classification of Tax Forfeit Properties,
with Notice to Obtain the Properties, Michael Grochala — Community Development Director
Grochala advised two parcels of property in Lino Lakes have been forfeited to the State of Minnesota
because of delinquent property taxes. If the parcels are not repurchased within six months, the City
can choose to obtain title to them for public use.
Community Development Director Grochala indicated the Anoka County Land Commissioner, Gene
Rafferty, has asked the City Council to approve the classification of the parcels. Outlot A, School
Subdivision, can be used as a future buffer between commercial uses and residences, as well as a
buffer for nearby wetlands. Tract E, Reg. Land Survey No. 112, is within a drainage ditch. Staff is
recommending that the City obtain both parcels.
Community Development Director Grochala advised City staff recommends the adoption of
Resolution No. 02-114, Approving Classification of Tax Forfeit Properties, with Notice to Obtain the
Properties.
Councilmember Reinert moved to adopt Resolution No. 02-114, Approving Classification of Tax
Forfeit Properties, with Notice to Obtain the Properties. Councilmember Dahl seconded the motion.
Councilmember Reinert requested confirmation that the two subject parcels would be utilized for
drainage purposes if acquired by the City. Community Development Director Grochala stated this
was correct. He indicated the School Subdivision property could also be used as a buffer between
residential and commercial properties. He indicated that there may be a variety of uses for these
parcels and that they are currently used for drainage purposes.
Councilmember Reinert questioned whether the property owners adjacent to the subject parcels
would typically be notified of the City's intent to obtain the properties.
Community Development Director Grochala indicated this was not the case. He stated, typically,
only the existing property owner is provided with notification. He indicated, if the properties in
question would not be used for public purposes, then City staff could recommend that they be
attached to the adjacent properties.
Councilmember Reinert questioned why the taxes had not been paid on these properties and whether
• the properties had been abandoned. Community Development Director Grochala was not certain but
21
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
indicated the School Subdivision parcel had been platted as a roadway. He suspected perhaps that the
developer had maintained ownership of the parcel and had simply stopped paying the taxes.
Councilmember Reinert requested confirmation that these types of parcels are typically useless to the
property owner and are at times abandoned. Community Development Director Grochala responded
affirmatively.
Motion carried unanimously.
Resolution No. 02-114 can be found in the City Clerk's office.
UNFINISHED BUSINESS
There was no unfinished business to consider.
NEW BUSINESS
Approval of Meeting Minutes:
August 21, 2002 Council Work Session Minutes
August 26, 2002 Council Meeting Minutes
Councilmember O'Donnell noted that he and Mayor Bergeson had not been in attendance at the
August 21, 2002 City Council work session and recommended that the minutes be approved
separately.
Councilmember Carlson moved to approve the August 21, 2002 Council Work Session, as submitted.
Councilmember Dahl seconded the motion.
Motion carried 3-0-2, Mayor Bergeson and Councilmember O'Donnell abstaining.
Councilmember O'Donnell moved to approve the August 26, 2002 Council Meeting Minutes, as
submitted. Councilmember Reinert seconded the motion.
Motion carried unanimously.
COMMUNITY CALENDAR SEPTEMBER 10, 2002 THROUGH SEPTEMBER 23, 2002:
Tuesday, September 10, 2002, Primary Election Day, Polls Open 7:00 a.m. until 8:00 p.m.
Wednesday, September 11, 2002, 6:30 p.m., Planning & Zoning Board Meeting
Wednesday, September 11, 2002, 7:00 p.m., Community Gathering to Commemorate
September 11, Senior High gymnasium
Thursday, September 12, 2002, 7:00 p.m., City Council Joint Meeting with the Cities of
Centerville and Hugo, Hugo City Hall
22
•
•
•
COUNCIL MINUTES SEPTEMBER 9, 2002
Wednesday, September 18, 2002, 5:30 p.m., City Council Work Session
Monday, September 23, 2002, 6:30 p.m., City Council Meeting
ADJOURN
There being no further business, Councilmember Dahl moved to adjourn at 9:09 p.m. Councilmember
Reinert seconded the motion.
Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, October 28, 2002.
Ann Blair, C. Clerk
Transcribed by:
Lori Rolfson
TimeSaver Off Site Secretarial, Inc.
23
sur_
John Bergon� l�iaY
or