HomeMy WebLinkAbout06/12/2006 Council Minutes•
1 COUNCIL MINUTES JUNE 12, 2006
APPROVED
CITY OF LINO LAKES
MINUTES
DATE : June 12, 2006
TIME STARTED : 6:35 p.m.
TIME ENDED : 8:55 p.m.
MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert
Stoltz and Mayor Bergeson
MEMBERS ABSENT : None
Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins; Community
Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser;
Finance Director, Al Rolek; and City Clerk, Julianne Bartell
OPEN MIKE
No one was present for open mike.
SETTING THE AGENDA
The agenda was approved as presented.
• CONSENT AGENDA
Councilmember Stoltz moved to approve the Consent Agenda, as amended to include the I35 W/E
Coalition meeting (June 13) on the Community Calendar. Councilmember O'Donnell seconded the
motion. Motion carried unanimously.
ITEM
Consideration of Expenditures:
ACTION
June 12, 2006 (Check No. 76737 —
76896, $390,457.95) Approved
Resolution No. 06-93, Approving
Renewal of 3.2 Beer Licenses for:
*Chomonix Golf Course -3.2 On -Sale
*Super Target — 3.2 Off Sale
*Jason's Bobby & Steve's Auto
World — 3.2 Off Sale
•
1
Approved
COUNCIL MINUTES JUNE 12, 2006
APPROVED
• FINANCE DEPARTMENT REPORT, AL ROLEK
2005 Audit Report — Finance Director Rolek advised Darwin Viker of Larson, Allen, Weishair &
Company is present this evening to provide an overview of the City's 2005 Annual Financial Report
and answer any questions in regard to the financial condition of the City.
Mr. Viker came forward and stated the auditors concluded that the City's financial statements for
2005 presented fairly, in all material respects, the financial position of the City as of December 31,
2005. He noted that the City has received the Certificate of Achievement for Excellence in Financial
Reporting from the Government Finance Officers Association of the United States and Canada for its
2004 Comprehensive Annual Financial Report. He indicated he believes that the report issued for
2005 continues to uphold the standards of reporting excellence that this prestigious award represents.
Mr. Viker provided a brief overview of the City's 2005 Annual Financial Report noting an in-depth
report was provided at the last Council work session.
Mr. Viker clarified his recommendation regarding limits on expenses/payments that could be
authorized at a staff level.
Council requested a report on outstanding developer accounts at a future Council work session.
Councilmember Carlson moved to accept and approve the 2005 Annual Audit Report, as presented.
Councilmember Stoltz seconded the motion. Motion carried unanimously.
Mayor Bergeson presented Finance Director Rolek a plaque for Certificate of Achievement for
Excellence in Financial Reporting from the Government Finance Officers Association of the United
States and Canada.
Mayor Bergeson also announced that Finance Director Rolek has been nominated for the Executive
Board of Finance Officers Association of the United States and Canada, which is very significant for
the City of Lino Lakes.
Finance Director Rolek thanked the City Council and stated he is looking forward to working on that
Board.
2006 Project Financing:
Consider Resolution No. 06-96 Resetting the Bid Date for G.O. Tax Abatement Bonds 2006A;
and Consider Resolution No. 06-97 Resetting the Bid Date for G.O. Utility Revenue Bonds
2006B — Finance Director Rolek advised on May 22 the City Council approved resolutions 06-85 and
06-86 calling for the issuance of $2,470,000 G.O. Tax Abatement Bonds to finance its obligation to
the YMCA project, and $570,000 G.O. Utility Revenue Bonds to finance utility projects in the City.
The Council has previously authorized the issuance of conduit bonds on behalf of the YMCA to
finance that entity's portion of the facility construction costs. The closing on the conduit bonds,
2
•
1 COUNCIL MINUTES JUNE 12, 2006
APPROVED
originally scheduled for June 9, has been delayed due to a number of factors to a tentative closing date
of July 24.
Finance Director Rolek stated staff has deliberated with bond counsel relative to the timing of the sale
of the Tax Abatement bonds, originally set for June 26, and has determined that it is in the best
interest of the City to postpone the sale of these bonds until after the closing on the conduit bonds. It
is possible that the closing on the conduit bonds may be pushed back beyond the July 24 date, thereby
requiring some flexibility in resetting the sale date of the Tax Abatement bonds.
Finance Director Rolek advised staff is recommending that the City Council authorize the Finance
Director to determine the date for a public hearing, publish notice of the hearing, and set the sale date
of the Tax Abatement bonds to a date which follows the closing on the conduit bonds.
Councilmember Reinert moved to approve Resolution No. 06-96 and Resolution No. 06-97, as
presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously.
ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
City Hall Security and Access Policy, Gordon Heitke — City Administrator Heitke advised the
Council recently approved the installation of an improved access control system to increase security
for City Hall. The new security system utilizes programmed cards and card readers, providing better
access management than the former key system. As part of the discussions regarding security
improvements, the Council has had discussions during two work sessions as to whether
Councilmembers need access to the secured staff office area outside of regular business hours. Upon
the decision of the Council, staff will complete the updating of the City Hall security policies and
procedures.
Councilmember O'Donnell moved to develop a City Hall access policy that allows Councilmembers
24/7 access to the outside doors and library but does not include access to the secured areas within
City Hall. Councilmember Stoltz seconded the motion.
After much discussion, Council directed staff to explore options regarding Councilmember access to
mail boxes before fully implementing the new policy.
Motion carried with Councilmember Carlson voting no.
PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
There was no report from the Public Safety Department.
PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
There was no report from the Public Service Department.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT
3
•
•
1 COUNCIL MINUTES JUNE 12, 2006
APPROVED
Consideration of Resolution No. 06-53, Conditional Use Permit for Accessory Drive Through
Facility and Restaurant Outdoor Dining Facilities, Millers Crossroads Shopping Center, Jeff
Smyser — City Planner Smyser advised the Millers Crossroads development was approved in 2003
with Resolution 03-142. The project includes one commercial lot at the corner of Birch St. and
Hodgson Rd. This lot received approval for a conditional use permit for a daycare business that would
have filled part of a commercial building. That building was never constructed.
City Planner Smyser stated the current proposal includes a coffee shop in the east end of the building
and a Subway sandwich shop in the west end. The applicant has requested a conditional use permit
for an accessory drive through and outdoor seating for the coffee shop. Each of these is a conditional
use, and staff has combined them into one conditional use permit. If the drive through and outdoor
seating facilities were not requested, the project would be reviewed administratively. Discussion of
the building is included here for informational purposes. The proposed building is almost exactly
the same as what was approved in 2003, but with some improvements in materials.
City Planner Smyser presented the staff report noting the General Standards that apply for this
specific CUP use. Because of those standards, staff is recommending denial of the request.
Mr. Peter Hilger, Architect for the project, came forward and stated he hopes to change the Council's
mind about the request and present an alternative. He provided the history of the projecting noting
the project is a joint solution that was developed with the developer and staff.
Mr. Hilger stated staff had previously recommended approval of the project. He indicated the
developer has provided much more than is required in terms of buffering, landscaping, setbacks and
architecture. He asked that the City Council treat the request consistently with other developments
within the City.
Mr. Hilger stated the neighborhood has already been designed and the plan meets the requirements of
the Comprehensive Plan. The current zoning does permit a drive through with a CUP. The developer
has met all the objections of the neighbors by providing signalization improvements. Traffic is well
within the guidelines of the traffic study and access issues have been resolved. The site is self-
limiting from a marketing perspective. A day care will not be developed there because the market
does not support it. It is a perfect site for a smaller neighborhood commercial project such as a coffee
shop.
Mr. Hilger continued making the following points to the Council:
• Traffic will not increase due to a drive through on the site
• A CUP would not necessarily allow a fast food business
• Another coffee shop in the neighborhood is good for the neighborhood
• There are no neighbors protesting the project.
Mr. Hilger referred to the site plan noting the commute pathway. He stated alignment of the
intersection is not problematic because there is no left turn. He reviewed the points in the Resolution
4
•
•
•
COUNCIL MINUTES JUNE 12, 2006
APPROVED
disputing the findings He noted this resolution is far different from the previous resolution presented
to the Council.
Mr. Hilger presented and reviewed additional traffic information in relation to a drive through in
comparison to a day care center. He demonstrated proof of parking without the second driveway.
Mr. Hilger stated the developer has abided by the City process throughout. He stated he is
challenging the Council's way of thinking. The developer has no interest in litigating a solution. He
asked the Council to consider a new proposal: the developer is willing to place a deed restriction to
limit the types of businesses that go on that site. He is recommending a change to the existing
developer's agreement establishing the deed restriction.
Mr. Hilger noted the developer could still build the project without the drive through. The developer
would however, like to work with the City in a mutually constructive way.
City Attorney Hawkins advised a deed restriction would be binding for all users.
Mr. Hilger indicated the developer could extend the time frame for action on the CUP if everyone
agrees to more discussion on the new proposal.
Councilmember O'Donnell moved to table Resolution No. 06-53 and request a 60 -day extension on
action to discuss a deed restriction within the developer's agreement between staff and the developer.
Councilmember Reinert seconded the motion.
Mr. Hilger concurred and agreed to the 60 -day extension.
Councilmember Carlson moved to amend the motion to include additional proposals as well as the
deed restriction. Councilmember O'Donnell seconded the amended motion. Motion carried
unanimously.
The original motion by Councilmember O'Donnell, seconded by Councilmember Reinert passed with
Mayor Bergeson voting no.
Mayor Bergeson called for a short break at 8:33 p.m.
Mayor Bergeson reconvened the meeting at 8:37 p.m.
Consider Ordinance 06-06, Second Reading and Passage of Ordinance Vacation a Portion of
North Road and Sunrise Drive, Paul Bengtson — Community Development Director Grochala
stated the City of Lino Lakes has initiated a vacation of the unused rights of way dedicated as part of
Lexington Park Lake View, further defined by the recently approved Registered Land Survey No. 233
as Tracts F and G. This vacation will revert the property to the adjacent parcels of Lexington Park
Lake View and further defined by the Registered Land Survey No. 233 as Tracts D and I.
5
•
COUNCIL MINUTES JUNE 12, 2006
APPROVED
Community Development Director Grochala stated these rights of way are no longer improved
because of the realignment of North Road and Lake Drive. Therefore, there is no reason to hold onto
the right of way.
Councilmember Stoltz moved to approve SECOND READING of Ordinance 06-06, as presented.
Councilmember Carlson seconded the motion.
A roll call vote was taken: five yeas and zero nays.
Consideration of Resolution No. 06-95, Approving JPA with Anoka County to Construct &
Maintain Trails on County Property, Michael Grochala — Community Development Director
Grochala stated as part of the Legacy at Woods Edge project the City will be constructing a bicycle
and pedestrian trail that extends from Town Center Parkway, through YMCA property and connects
with the existing gravel fire road located on the south side of the Civic Complex. A trail spur will
also extend northerly on the east side of the YMCA to connect to the town home area. Ultimately this
trail will connect with future improvements to the Anoka County regional trail system through Rice
Creek Chain of Lakes Park.
Community Development Director Grochala advised Anoka County has prepared and approved a
Joint Powers Agreement to allow for construction of the trail within the regional park boundaries.
The agreement also covers existing trail segments previously constructed by the City that extend into
the regional park.
Councilmember Carlson moved to approve Resolution No. 06-95, as presented. Councilmember
O'Donnell seconded the motion. Motion carried unanimously.
Consideration of Resolution No. 06-92, Approving 2nd Avenue & Wildflower Drive Storm
Sewer Maintenance, Jim Studenski — City Engineer Studenski stated over the past couple of years it
was discovered that the storm sewer section at the intersection of 2nd Avenue and Wildflower Drive
was not functioning property. Prior attempts to correct this have been unsuccessful. At this point, the
most recommended and economic option consists of cleaning and joint sealing the pipe at an
estimated cost of $19,184.00.
City Engineer Studenski advised there are no funds budgeted or available for this extensive of a
maintenance project within the Public Services Budget. In the absence of any general fund
contingency, the only funding option available is the City's Surface Water Management Fund.
Councilmember Reinert moved to approve Resolution No. 06-92, as presented. Councilmember
Carlson seconded the motion. Motion carried unanimously.
Consideration of Resolution No. 06-94, Approving East Rondeau Lake Road Storm Sewer
Repair, Jim Studenski — City Engineer Studenski advised on June 1, 2006 City staff was notified
that the culvert that conveys flow from Rondeau Lake Easterly to Hardwood Creek had failed. An old
metal culvert rotting away caused the failure. This culver is located north of 8166 East Rondeau Lake
1111 Road.
6
•
•
1 COUNCIL MINUTES JUNE 12, 2006
APPROVED
City Engineer Studenski stated because of the large and continual flow of water, the existing metal
pipe would be replaced by a gasketed reinforced concrete dome style pipe 53" in diameter at the base
and 34" diameter at the top. Estimated costs for this project amount to $17,000.
City Engineer Studenski stated there are no funds budgeted or available for this extensive of a repair
project within the Public Services Budget. In the absence of any general fund contingency, the only
funding option available is the City's Surface Water Management Fund.
Councilmember Carlson moved to approve Resolution No. 06-94, as presented. Councilmember
Stoltz seconded the motion. Motion carried unanimously.
UNFINISHED BUSINESS
Consider Approval of May 1, 2006 Council Work Session Minutes — Councilmember Carlson
moved to approve the May 1, 2006 Council Work Session Minutes as presented. Councilmember
O'Donnell seconded the motion. Motion carried unanimously.
NEW BUSINESS
Consider Approval of May 22, 2006 Council Minutes, Liquor Compliance Violation Hearing
(Councilmember Stoltz was absent) — Councilmember Reinert moved to approve the May 22, 2006
Council Minutes, Liquor Compliance Violation Hearing as presented. Councilmember O'Donnell
seconded the motion. Motion carried with Councilmember Stoltz abstaining.
Consider Approval of May 22, 2006 Council Work Session Minutes (Councilmember Stoltz was
absent) — Councilmember Reinert moved to approve the May 22, 2006 Council Work Session
Minutes as presented. Councilmember O'Donnell seconded the motion. Motion carried with
Councilmember Stoltz abstaining.
Consider Approval of May 22, 2006 City Council Meeting Minutes (Councilmember Stoltz was
absent) — Councilmember Reinert moved to approve the May 22, 2006 City Council Meeting
Minutes as presented. Councilmember O'Donnell seconded the motion. Motion carried with
Councilmember Stoltz abstaining.
COMMUNITY CALENDAR JUNE 13 2006 THROUGH JUNE 26,2006:
City Council Financial Retreat, June 13, 5:30 p.m. at City Hall
Planning & Zoning Board Meeting, June 14, 6:30 p.m. at City Hall
I -35E Coalition Meeting, Thursday, June 15, 7:00 p.m. (Refreshments at 6:30 p.m.) at Hugo
City Hall
ii• ADJOURN
7
1 COUNCIL MINUTES JUNE 12, 2006
APPROVED
There being no further business, Councilmember Reinert moved to adjourn at 8:55 p.m.
Councilmember Carlson seconded the motion. Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, June 26, 2006.
Julianne Bartell, City Clerk John Bergeson, Mayor
Transcribed by:
Kim Points
TimeSaver Off Site Secretarial, Inc.
•
•
1 COUNCIL MINUTES JUNE 12, 2006
APPROVED
CITY OF LINO LAKES
MINUTES
DATE : June 12, 2006
TIME STARTED : 6:35 p.m.
TIME ENDED : 8:55 p.m.
MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert
Stoltz and Mayor Bergeson
MEMBERS ABSENT : None
Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins; Community
Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser;
Finance Director, Al Rolek; and City Clerk, Julianne Bartell
OPEN MIKE
No one was present for open mike.
SETTING THE AGENDA
The agenda was approved as presented.
• CONSENT AGENDA
Councilmember Stoltz moved to approve the Consent Agenda, as amended to include the I35 W/E
Coalition meeting (June 13) on the Community Calendar. Councilmember O'Donnell seconded the
motion. Motion carried unanimously.
ITEM
Consideration of Expenditures:
ACTION
June 12, 2006 (Check No. 76737 —
76896, $390,457.95) Approved
Resolution No. 06-93, Approving
Renewal of 3.2 Beer Licenses for:
*Chomonix Golf Course -3.2 On -Sale
*Super Target — 3.2 Off Sale
*Jason's Bobby & Steve's Auto
World — 3.2 Off Sale
1
Approved
1 COUNCIL MINUTES JUNE 12, 2006
APPROVED
• FINANCE DEPARTMENT REPORT, AL ROLEK
2005 Audit Report — Finance Director Rolek advised Darwin Viker of Larson, Allen, Weishair &
Company is present this evening to provide an overview of the City's 2005 Annual Financial Report
and answer any questions in regard to the financial condition of the City.
Mr. Viker came forward and stated the auditors concluded that the City's financial statements for
2005 presented fairly, in all material respects, the financial position of the City as of December 31,
2005. He noted that the City has received the Certificate of Achievement for Excellence in Financial
Reporting from the Government Finance Officers Association of the United States and Canada for its
2004 Comprehensive Annual Financial Report. He indicated he believes that the report issued for
2005 continues to uphold the standards of reporting excellence that this prestigious award represents.
Mr. Viker provided a brief overview of the City's 2005 Annual Financial Report noting an in-depth
report was provided at the last Council work session.
Mr. Viker clarified his recommendation regarding limits on expenses/payments that could be
authorized at a staff level.
Council requested a report on outstanding developer accounts at a future Council work session.
0 Councilmember Carlson moved to accept and approve the 2005 Annual Audit Report, as presented.
Councilmember Stoltz seconded the motion. Motion carried unanimously.
•
Mayor Bergeson presented Finance Director Rolek a plaque for Certificate of Achievement for
Excellence in Financial Reporting from the Government Finance Officers Association of the United
States and Canada.
Mayor Bergeson also announced that Finance Director Rolek has been nominated for the Executive
Board of Finance Officers Association of the United States and Canada, which is very significant for
the City of Lino Lakes.
Finance Director Rolek thanked the City Council and stated he is looking forward to working on that
Board.
2006 Project Financing:
Consider Resolution No. 06-96 Resetting the Bid Date for G.O. Tax Abatement Bonds 2006A;
and Consider Resolution No. 06-97 Resetting the Bid Date for G.O. Utility Revenue Bonds
2006B — Finance Director Rolek advised on May 22 the City Council approved resolutions 06-85 and
06-86 calling for the issuance of $2,470,000 G.O. Tax Abatement Bonds to finance its obligation to
the YMCA project, and $570,000 G.O. Utility Revenue Bonds to finance utility projects in the City.
The Council has previously authorized the issuance of conduit bonds on behalf of the YMCA to
finance that entity's portion of the facility construction costs. The closing on the conduit bonds,
2
COUNCIL MINUTES JUNE 12, 2006
APPROVED
originally scheduled for June 9, has been delayed due to a number of factors to a tentative closing date
• of July 24.
•
Finance Director Rolek stated staff has deliberated with bond counsel relative to the timing of the sale
of the Tax Abatement bonds, originally set for June 26, and has determined that it is in the best
interest of the City to postpone the sale of these bonds until after the closing on the conduit bonds. It
is possible that the closing on the conduit bonds may be pushed back beyond the July 24 date, thereby
requiring some flexibility in resetting the sale date of the Tax Abatement bonds.
Finance Director Rolek advised staff is recommending that the City Council authorize the Finance
Director to determine the date for a public hearing, publish notice of the hearing, and set the sale date
of the Tax Abatement bonds to a date which follows the closing on the conduit bonds.
Councilmember Reinert moved to approve Resolution No. 06-96 and Resolution No. 06-97, as
presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously.
ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
City Hall Security and Access Policy, Gordon Heitke — City Administrator Heitke advised the
Council recently approved the installation of an improved access control system to increase security
for City Hall. The new security system utilizes programmed cards and card readers, providing better
access management than the former key system. As part of the discussions regarding security
improvements, the Council has had discussions during two work sessions as to whether
Councilmembers need access to the secured staff office area outside of regular business hours. Upon
the decision of the Council, staff will complete the updating of the City Hall security policies and
procedures.
Councilmember O'Donnell moved to develop a City Hall access policy that allows Councilmembers
24/7 access to the outside doors and library but does not include access to the secured areas within
City Hall. Councilmember Stoltz seconded the motion.
After much discussion, Council directed staff to explore options regarding Councilmember access to
mail boxes before fully implementing the new policy.
Motion carried with Councilmember Carlson voting no.
PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
There was no report from the Public Safety Department.
PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
There was no report from the Public Service Department.
• COMMUNITY DEVELOPMENT DEPARTMENT REPORT
3
•
•
COUNCIL MINUTES JUNE 12, 2006
APPROVED
Consideration of Resolution No. 06-53, Conditional Use Permit for Accessory Drive Through
Facility and Restaurant Outdoor Dining Facilities, Millers Crossroads Shopping Center, Jeff
Smyser — City Planner Smyser advised the Millers Crossroads development was approved in 2003
with Resolution 03-142. The project includes one commercial lot at the corner of Birch St. and
Hodgson Rd. This lot received approval for a conditional use permit for a daycare business that would
have filled part of a commercial building. That building was never constructed.
City Planner Smyser stated the current proposal includes a coffee shop in the east end of the building
and a Subway sandwich shop in the west end. The applicant has requested a conditional use permit
for an accessory drive through and outdoor seating for the coffee shop. Each of these is a conditional
use, and staff has combined them into one conditional use permit. If the drive through and outdoor
seating facilities were not requested, the project would be reviewed administratively. Discussion of
the building is included here for informational purposes. The proposed building is almost exactly
the same as what was approved in 2003, but with some improvements in materials.
City Planner Smyser presented the staff report noting the General Standards that apply for this
specific CUP use. Because of those standards, staff is recommending denial of the request.
Mr. Peter Hilger, Architect for the project, came forward and stated he hopes to change the Council's
mind about the request and present an alternative. He provided the history of the projecting noting
the project is a joint solution that was developed with the developer and staff.
Mr. Hilger stated staff had previously recommended approval of the project. He indicated the
developer has provided much more than is required in terms of buffering, landscaping, setbacks and
architecture. He asked that the City Council treat the request consistently with other developments
within the City.
Mr. Hilger stated the neighborhood has already been designed and the plan meets the requirements of
the Comprehensive Plan. The current zoning does permit a drive through with a CUP. The developer
has met all the objections of the neighbors by providing signalization improvements. Traffic is well
within the guidelines of the traffic study and access issues have been resolved. The site is self-
limiting from a marketing perspective. A day care will not be developed there because the market
does not support it. It is a perfect site for a smaller neighborhood commercial project such as a coffee
shop.
Mr. Hilger continued making the following points to the Council:
• Traffic will not increase due to a drive through on the site
• A CUP would not necessarily allow a fast food business
• Another coffee shop in the neighborhood is good for the neighborhood
• There are no neighbors protesting the project.
Mr. Hilger referred to the site plan noting the commute pathway. He stated alignment of the
intersection is not problematic because there is no left turn. He reviewed the points in the Resolution
4
•
•
•
1 COUNCIL MINUTES JUNE 12, 2006
APPROVED
disputing the findings. He noted this resolution is far different from the previous resolution presented
to the Council.
Mr. Hilger presented and reviewed additional traffic information in relation to a drive through in
comparison to a day care center. He demonstrated proof of parking without the second driveway.
Mr. Hilger stated the developer has abided by the City process throughout. He stated he is
challenging the Council's way of thinking. The developer has no interest in litigating a solution. He
asked the Council to consider a new proposal: the developer is willing to place a deed restriction to
limit the types of businesses that go on that site. He is recommending a change to the existing
developer's agreement establishing the deed restriction.
Mr. Hilger noted the developer could still build the project without the drive through. The developer
would however, like to work with the City in a mutually constructive way.
City Attorney Hawkins advised a deed restriction would be binding for all users.
Mr. Hilger indicated the developer could extend the time frame for action on the CUP if everyone
agrees to more discussion on the new proposal.
Councilmember O'Donnell moved to table Resolution No. 06-53 and request a 60 -day extension on
action to discuss a deed restriction within the developer's agreement between staff and the developer.
Councilmember Reinert seconded the motion.
Mr. Hilger concurred and agreed to the 60 -day extension.
Councilmember Carlson moved to amend the motion to include additional proposals as well as the
deed restriction. Councilmember O'Donnell seconded the amended motion. Motion carried
unanimously.
The original motion by Councilmember O'Donnell, seconded by Councilmember Reinert passed with
Mayor Bergeson voting no.
Mayor Bergeson called for a short break at 8:33 p.m.
Mayor Bergeson reconvened the meeting at 8:37 p.m.
Consider Ordinance 06-06, Second Reading and Passage of Ordinance Vacation a Portion of
North Road and Sunrise Drive, Paul Bengtson — Community Development Director Grochala
stated the City of Lino Lakes has initiated a vacation of the unused rights of way dedicated as part of
Lexington Park Lake View, further defined by the recently approved Registered Land Survey No. 233
as Tracts F and G. This vacation will revert the property to the adjacent parcels of Lexington Park
Lake View and further defined by the Registered Land Survey No. 233 as Tracts D and I.
5
•
•
COUNCIL MINUTES JUNE 12, 2006
APPROVED
Community Development Director Grochala stated these rights of way are no longer improved
because of the realignment of North Road and Lake Drive. Therefore, there is no reason to hold onto
the right of way.
Councilmember Stoltz moved to approve SECOND READING of Ordinance 06-06, as presented.
Councilmember Carlson seconded the motion.
A roll call vote was taken: five yeas and zero nays.
Consideration of Resolution No. 06-95, Approving JPA with Anoka County to Construct &
Maintain Trails on County Property, Michael Grochala — Community Development Director
Grochala stated as part of the Legacy at Woods Edge project the City will be constructing a bicycle
and pedestrian trail that extends from Town Center Parkway, through YMCA property and connects
with the existing gravel fire road located on the south side of the Civic Complex. A trail spur will
also extend northerly on the east side of the YMCA to connect to the town home area. Ultimately this
trail will connect with future improvements to the Anoka County regional trail system through Rice
Creek Chain of Lakes Park.
Community Development Director Grochala advised Anoka County has prepared and approved a
Joint Powers Agreement to allow for construction of the trail within the regional park boundaries.
The agreement also covers existing trail segments previously constructed by the City that extend into
the regional park.
Councilmember Carlson moved to approve Resolution No. 06-95, as presented. Councilmember
O'Donnell seconded the motion. Motion carried unanimously.
Consideration of Resolution No. 06-92, Approving 2' Avenue & Wildflower Drive Storm
Sewer Maintenance, Jim Studenski — City Engineer Studenski stated over the past couple of years it
was discovered that the storm sewer section at the intersection of 2nd Avenue and Wildflower Drive
was not functioning property. Prior attempts to correct this have been unsuccessful. At this point, the
most recommended and economic option consists of cleaning and joint sealing the pipe at an
estimated cost of $19,184.00.
City Engineer Studenski advised there are no funds budgeted or available for this extensive of a
maintenance project within the Public Services Budget. In the absence of any general fund
contingency, the only funding option available is the City's Surface Water Management Fund.
Councilmember Reinert moved to approve Resolution No. 06-92, as presented. Councilmember
Carlson seconded the motion. Motion carried unanimously.
Consideration of Resolution No. 06-94, Approving East Rondeau Lake Road Storm Sewer
Repair, Jim Studenski — City Engineer Studenski advised on June 1, 2006 City staff was notified
that the culvert that conveys flow from Rondeau Lake Easterly to Hardwood Creek had failed. An old
metal culvert rotting away caused the failure. This culver is located north of 8166 East Rondeau Lake
i Road.
6
•
•
COUNCIL MINUTES JUNE 12, 2006
APPROVED
City Engineer Studenski stated because of the large and continual flow of water, the existing metal
pipe would be replaced by a gasketed reinforced concrete dome style pipe 53" in diameter at the base
and 34" diameter at the top. Estimated costs for this project amount to $17,000.
City Engineer Studenski stated there are no funds budgeted or available for this extensive of a repair
project within the Public Services Budget. In the absence of any general fund contingency, the only
funding option available is the City's Surface Water Management Fund.
Councilmember Carlson moved to approve Resolution No. 06-94, as presented. Councilmember
Stoltz seconded the motion. Motion carried unanimously.
UNFINISHED BUSINESS
Consider Approval of May 1, 2006 Council Work Session Minutes — Councilmember Carlson
moved to approve the May 1, 2006 Council Work Session Minutes as presented. Councilmember
O'Donnell seconded the motion. Motion carried unanimously.
NEW BUSINESS
Consider Approval of May 22, 2006 Council Minutes, Liquor Compliance Violation Hearing
(Councilmember Stoltz was absent) — Councilmember Reinert moved to approve the May 22, 2006
Council Minutes, Liquor Compliance Violation Hearing as presented. Councilmember O'Donnell
seconded the motion. Motion carried with Councilmember Stoltz abstaining.
Consider Approval of May 22, 2006 Council Work Session Minutes (Councilmember Stoltz was
absent) — Councilmember Reinert moved to approve the May 22, 2006 Council Work Session
Minutes as presented. Councilmember O'Donnell seconded the motion. Motion carried with
Councilmember Stoltz abstaining.
Consider Approval of May 22, 2006 City Council Meeting Minutes (Councilmember Stoltz was
absent) — Councilmember Reinert moved to approve the May 22, 2006 City Council Meeting
Minutes as presented. Councilmember O'Donnell seconded the motion. Motion carried with
Councilmember Stoltz abstaining.
COMMUNITY CALENDAR JUNE 13 2006 THROUGH JUNE 26,2006:
City Council Financial Retreat, June 13, 5:30 p.m. at City Hall
Planning & Zoning Board Meeting, June 14, 6:30 p.m. at City Hall
I -35E Coalition Meeting, Thursday, June 15, 7:00 p.m. (Refreshments at 6:30 p.m.) at Hugo
City Hall
• ADJOURN
7
1 COUNCIL MINUTES JUNE 12, 2006
APPROVED
1111 There being no further business, Councilmember Reinert moved to adjourn at 8:55 p.m.
Councilmember Carlson seconded the motion. Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, June 26, 2006.
Julianne rtell, City Clerk ,
Transcribed by:
Kim Points
TimeSaver Off Site Secretarial, Inc.
•
•
PAPardovi
John Bergeson, Mayor