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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