HomeMy WebLinkAbout11/13/2006 Council Minutes•
1
COUNCIL MINUTES NOVEMBER 13, 2006
APPROVED
CITY OF LINO LAKES
2 MINUTES
3
4
5 DATE : November 13, 2006
6 TIME STARTED : 6:35 p.m.
7 TIME ENDED : 8:20 p.m.
8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert,
9 Stoltz and Mayor Bergeson
10 MEMBERS ABSENT : None
11
12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins;
13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Economic
14 Development Coordinator, Mary Alice Divine (part); Associate Planner, Paul Bengtson; and City
15 Clerk, Julie Bartell
16
17 OPEN MIKE
18
19 Mr. Robert Goergen, 541 Aqua Circle, came forward and stated the Homeowner's Association will
20 not allow him to display the American Flag. He indicated he has been receiving letters from the
21 Association requesting he take the flag and flag pole down and he would be fined if he does not
.22 comply. He made a plea to the City to contact the Association regarding this matter. He stated he
23 would absolutely not remove the flag.
24
25 Mayor Bergeson asked the City Attorney to obtain copies of the legislation regarding this issue and
26 have staff work with the Homeowner's Association to make them aware of the current law.
27
28 Mr. Goergen also read the article from the Quad regarding this issue.
29
30 No one else was present for open mike.
31
32 SETTING THE AGENDA
33
34 The agenda was approved as presented.
35
36 CONSENT AGENDA
37
38 Council Member Carlson moved to approve the Consent Agenda, as amended. Council Member
39 Stoltz seconded the motion. Motion carried unanimously.
40
41 ITEM ACTION
42
43 Consideration of Expenditures:
44
45 November 13, 2006 (Check No. 78162 —
1
COUNCIL MINUTES NOVEMBER 13, 2006
APPROVED
• 1 78290, $433,872) Approved
2 Centennial Fire District (Check No. 15373-
3 15387, $6,579.54) Approved
4
5 October 23, 2006 Council Work Session
6 Minutes Approved
7
8 October 23, 2006 City Council Meeting
9 Minutes Approved
10
11 Application of Blue Heron Elementary
12 PTO to Conduct an Excluded Bingo Event
13 On November 16, 2006 Approved
14
15 FINANCE DEPARTMENT REPORT, AL ROLEK
16
17 There was no report from the Finance Department.
18
19 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
20
21 Consideration of Resolution No. 06-179 Regarding Council Work Session Agenda — City
•22 Administrator Heitke advised the Council reviewed the current policy that allows addition of items on
23 regular Council agendas when two Council Members make the request. A similar policy for work
24 session agendas was requested.
25
26 City Administrator Heitke stated Resolution No. 06-179 sets forth a requirement that at least two
27 Council Members must request an item to be placed on a regular agenda in addition to the items
28 placed on the agenda by administration.
29
30 Council Member Reinert moved to approve Resolution No. 06-179, as presented. Council Member
31 O'Donnell seconded the motion. Motion carried with Council Member Carlson voting nay.
32
33 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
34
35 There was no report from the Public Safety Department.
36
37 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
38
39 There was no report from the Public Services Department.
40
41 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
42
43 Consideration of Resolution No. 06-183, Amending PUD Final Plan for Lakewood Apartments
• 44 - Legacy at Woods Edge, Paul Bengtson — Community Development Director Grochala advised on
45 October 24, 2005 the City Council approved Resolution 05-161, which approved the PUD Final Plan
2
COUNCIL MINUTES NOVEMBER 13, 2006
APPROVED
• 1 for the Lakewood Apartments. On October 23, 2006, the Council approved Resolution 06-177,
2 which approved an amendment to the PUD Final Plan. This amendment included adding a third color
3 to the palette for the building and a revised central element to address a condition of Resolution 05-
4 161.
5
6 Community Development Director Grochala stated Hartford Group, Inc. has also requested to amend
7 the PUD Final Plan to allow the removal of balconettes that were depicted on the elevations approved
8 as part of the original submittal.
9
10 Community Development Director Grochala provided the staff analysis of the request indicating staff
11 considers the change a positive one considering the mixed use nature of the building, and the fact that
12 balconettes are not usable as balconies.
13
14 Council Member Stoltz moved to approve Resolution No. 06-183, as presented. Council Member
15 O'Donnell seconded the motion. Motion carried with Council Member Reinert voting nay.
16
17 Public Hearing, Consider 1st Reading of Ordinance 13-06, Vacation Drainage and Utility
18 Easements, The Village No. 3, Paul Bengtson - Associate Planner Bengtson advised the Hartford
19 Group, Inc. previously platted this lot with drainage and utility easements for ponding areas on both
20 the north and south sides of the site. Since that time the Legacy Townhomes PUD final plan was
21 approved and minor deviations from the original ponding layout have caused the need to alter the
gm22 layout of the ponding. The applicant will dedicate new drainage and utility easements in conjunction
23 with the Final Plat of the site, which will follow the second reading of this request on the November
24 27 agenda.
25
26 Mayor Bergeson opened the public hearing at 7:05 p.m.
27
28 Council Member Carlson moved to close the public hearing at 7:05 p.m. Council Member Stoltz
29 seconded the motion. Motion carried unanimously.
30
31 Council Member O'Donnell moved to approve First Reading of Ordinance 13-06, as presented.
32 Council Member Stoltz seconded the motion.
33
34 A roll call vote was taken: five yeas and zero nays. Motion carried unanimously.
35
36 Legacy at Woods Edge Development contract, Mary Alice Divine:
37
38 Consideration of Resolution No. 06-186, Approving the Assignment and Release of Certain
39 Obligations under the Contract for Private Development with Hartford Development, Inc. -
40 Economic Development Coordinator Divine advised the Council entered into a Contract for Private
41 Development and Contract for Subdivision/Planned Unit Development with the Hartford Group on
42 December 21, 2004, setting forth the terms and conditions of redevelopment for Legacy at Woods
43 Edge.
• 44
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COUNCIL MINUTES NOVEMBER 13, 2006
APPROVED
1 Economic Development Coordinator Divine stated Hartford Group plans to sell a portion of the
2 development property to Avalon Homes, Inc., for the construction of Phase 1 of the townhome site
3 and has asked to be released from the terms and conditions of those contracts as to the subject parcel.
4
5 Council Member Reinert moved to approve Resolution No. 06-186, as presented. Council Member
6 O'Donnell seconded the motion. Motion carried unanimously.
7
8 Consideration of Resolution No. 06-187, Approving the Release of Obligations Under Contract
9 for Subdivision/PUD with Hartford Development, Inc. — Economic Development Coordinator
10 Divine stated the City has approved the Phase 1 townhome site plan. This action releases the
11 Hartford Group from the conditions that will be assumed by Avalon Homes, Inc. This release will be
12 delivered upon approval of the site development agreement with Avalon Homes.
13
14 Council Member Reinert moved to approve Resolution No. 06-187, as presented. Council Member
15 O'Donnell seconded the motion. Motion carried unanimously.
16
17 Consider 1st reading of Ordinance No. 12-06, Approving the Reconveyance of Tax Forfeit
18 Property to the State of Minnesota, Mary Alice Divine — Economic Development Coordinator
19 Divine advised on August 9, 2004, the City requested that Anoka County withhold from sale a tax
20 forfeited parcel so that the City could obtain the parcel for public purposes. The City wanted to retain
21 this parcel for a well, but did not use the parcel for that purpose.
•22
23 Economic Development Coordinator Divine stated an abutting landowner has inquired about
24 purchase of that parcel. In order to make that property available for private purchase, the City must
25 reconvey the land back to the State of Minnesota. Once that is complete the County will notify
26 surrounding landowners and offer it at a private sale.
27
28 Council Member Carlson moved to approve First Reading of Ordinance No. 12-06, as presented.
29 Council Member O'Donnell seconded the motion.
30
31 A roll call vote was taken: five yeas and zero nays. Motion carried unanimously.
32
33 Junes Addition:
34
35 Consideration of Resolution No. 06-184, Approving Development Agreement, Jim Studenski —
36 City Engineer Studenski stated the Junes Addition is located near the intersection of West Shadow
37 Lake Drive and 62nd Street. The total assessed acres of the parcels are 1.37 acres. The lot splitting
38 will create three parcels, one for the existing residence and two for new residences. The existing
39 residence has connected to City utilities and has paid those assessments.
40
41 City Engineer Studenski reviewed the provisions included in the Development Contract noting Mr.
42 Wayne Junes has reviewed the contract and is aware of the conditions set forth.
43
• 44 Council Member Stoltz moved to approve Resolution No. 06-184, as presented. Council Member
45 Carlson seconded the motion. Motion carried unanimously.
4
COUNCIL MINUTES NOVEMBER 13, 2006
APPROVED
• 1 Consideration of Resolution No. 06-180, Approving Final Plat, Paul Bengtson — Associate
2 Planner Bengtson advised the final plat generally conforms to the approved preliminary plat layout as
3 approved by the Council on July 12, 2004 with Resolution 04-94. All of the conditions of approval
4 from the preliminary plat have already been addressed, or will be addressed as part of the
5 development agreement.
6
7 Council Member O'Donnell moved to approve Resolution No. 06-180, as presented. Council
8 Member Reinert seconded the motion. Motion carried unanimously.
9
10 Golden Acres:
11
12 Consider 1st Reading of Ordinance No. 11-06, Rezoning Certain Real Property from R -Rural to
13 R-1, Single Family Residential, Lot 4, Block 1, Mar Don Acres — Associate Planner Bengtson
14 advised Time Anderson has requested approval of the Golden Acre plat. Much like Hailey Manor
15 and Cavegn Estates previously, this project involves the redevelopment of an existing residential lot
16 in the Mar Don Acres neighborhood into a total of four residential lots. The proposed plat would
17 accommodate the existing dwelling on Lot 1, another building lot fronting Lois Lane, and two
18 buildable lots fronting Arlo Lane.
19
20 Associate Planner Bengtson provided a staff analysis of the request advising staff is recommending
21 approval subject to conditions outlined in the staff report.
.22
23 Associate Planner Bengtson noted the correct address for the lot is 547 Lois Lane, Lot 4, Block 1.
24
25 Council Member Reinert moved to approve First Reading of Ordinance No. 11-06, as amended.
26 Council Member Stoltz seconded the motion.
27
28 A roll call vote was taken: five yeas and zero nays. Motion carried unanimously.
29
30 Consideration of Resolution No. 06-181, Approving Preliminary Plat, Variance & MUSA
31 Allocation, Golden Acres — Associate Planner Bengtson advised Resolution No. 06-181 approves
32 variances for lot depth, lot wide and lot area, variances for side setback (Lot 1), preliminary plat and
33 allocation of 1 acre of MUSA Reserve.
34
35 Council Member Carlson moved to approve Resolution No. 06-181, as amended. Council Member
36 O'Donnell seconded the motion. Motion carried unanimously.
37
38 Consideration of Resolution No. 06-182, Approving Variance, St. Paul Water Utilities Property,
39 Paul Bengtson — Associate Planner Bengtson advised St. Paul Regional Water Services has requested
40 approval of variances for required road frontage, minimum lot area, minimum lot depth, and
41 minimum lot width to allow the division of the subject sites by a future administrative minor
42 subdivision. The City granted similar variances for other St. Paul Regional Water Service's parcels in
43 2004. The intention of the application is to allow the shoreland parcels to be divided in the future and
• 44 sold to adjacent property owners for combination into existing parcels. Additionally, the City of
45 Centerville is purchasing a portion of the land within parcel 14 for park development.
5
COUNCIL MINUTES NOVEMBER 13, 2006
APPROVED
1 Associate Planner Bengtson provided a staff analysis of the request noting the recommended
2 conditions of approval.
3
4 Mr. Bill Cheetah, representative from St. Paul Regional Water Services, came forward and stated
5 nobody will lose rights of access to the lake. The sale is purely voluntary for each of the property
6 owners. The variance is being requested by St. Paul Regional Water Services on behalf of the
7 property owners.
8
9 Council Member Stoltz moved to approve Resolution No. 06-182, as presented. Council Member
10 Reinert seconded the motion. Motion carried unanimously.
11
12 Consideration of Resolution No. 06-185, Approving Final Pay Request, 2006 Sealcoat Project,
13 Jim Studenski — City Engineer Studenski advised the contractor for the 2006 Street Sealcoating
14 Project, Allied Blacktop Company is requesting City approval of Payment Request No. 2 (Final) in
15 the amount of $5,706.98. The contractor has satisfactorily completed all work and has provided all
16 necessary documentation.
17
18 City Engineer Studenski noted also included with the request for Final Payment is Compensating
19 Change Order No. 1 in the deduct amount of $15,539.35. With this Change Order, the final contract
20 amount is $114,139.65, which is below the Engineer's Estimate.
21
•22 Council Member Reinert moved to approve Resolution No. 06-185, as presented. Council Member
23 O'Donnell seconded the motion. Motion carried unanimously.
24
25 Consideration of Resolution No. 06-189, Authorizing City Attorney to Commence Eminent
26 Domain Proceedings, Lake Drive/35W Interchange Reconstruction Project, Michael Grochala -
27 Community Development Director Grochala advised Wilson Development Services has begun the
28 right-of-way acquisition process on behalf of the City. A total of sixteen (16) parcels are affected by
29 the project. The total appraised value of the right-of-way to be acquired is approximately $1,300,000.
30 Offer letters, accompanied with a copy of the property appraisal, were distributed to property owners
31 as of September 27, 2006.
32
33 Community Development Director Grochala stated the City is nearing agreement on several parcels
34 and Wilson Development Services and staff will continue to work with property owners to reach an
35 agreement for direct purchase. However, to insure that ongoing property negotiations do not
36 jeopardize the project construction or state and county funding staff is requesting Council
37 authorization for the City Attorney to commence with eminent domain proceedings. Through this
38 process the City Attorney will be seeking District Court approval to acquire parcels by eminent
39 domain and authorizing quick take provisions that establish a possession date. Under the current time
40 line, staff would anticipate possession in March. Again, staff is hopeful that all acquisition can be
41 obtained by direct purchase and will continue to negotiate with property owners throughout the
42 process.
43
• 44 City Attorney Hawkins advised there have been no changes in the eminent domain laws for property
45 that is taken for public purpose. This is a dual track process and negotiations will continue with
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COUNCIL MINUTES NOVEMBER 13, 2006
APPROVED
. I property owners. He outlined the quick take process advising there would be a hearing to determine
2 if the quick take process is necessary, if the property is being taken for a public purpose and if the
3 appraisal is fair. Property owners can go through an appeal process.
4
5 Community Development Director Grochala referred to a map pointing out the sixteen parcels
6 affected by the project.
7
8 Council Member O'Donnell moved to approve Resolution No. 06-189, as presented. Council
9 Member Stoltz seconded the motion.
10
11 City Attorney Hawkins advised all negotiations need to be handled by the negotiators only. All
12 agreements would come back to the Council for final approval.
13
14 Motion carried with Council Member Carlson voting nay.
15
16 Consideration of Resolution No. 06-190, Approving Change Order No. 2, Legacy at Woods
17 Edge — Phase 1 Street and Utility Improvements, Michael Grochala — Community Development
18 Director Grochala stated on August 22, 2005 the Council awarded the Legacy at Woods Edge Phase 1
19 - Street and Utility Improvements to contract to Glenn Rehbein Companies. The current approved
20 contract amount is $2,616,913.85.
21
a22 Community Development Director Grochala advised Change Order No. 2 is for revisions in the
23 length of the Ornamental Railing to extend the full length of the retaining wall and sidewalk. The
24 Change Order also reflects an increase in the unit prices per panel due to an increase in the railing
25 pane height to meet the bikeway standard height. The estimated total for the change order is
26 $8,470.00. The total revised contract amount, with the change order is $2,625.383.85.
27
28 Council Member Carlson moved to approve Resolution No. 06-190, as presented. Council Member
29 Stoltz seconded the motion. Motion carried unanimously.
30
31 UNFINISHED BUSINESS
32
33 Consider Approval of October 2, 2006 Council Work Session Minutes — Council Member Reinert
34 moved to approve October 2, 2006 Council Work Session Minutes, as presented. Council Member
35 O'Donnell seconded the motion.
36
37 Council Member Carlson noted a change in the minutes related to a recommended committee
38 member.
39
40 Council Member Reinert withdrew the motion to approve the minutes due to not following current
41 policy for discussing minutes. Council Member O'Donnell agreed to withdraw the motion.
42
43 Council Member Reinert moved to table the October 2, 2006 Council Work Session Minutes for
• 44 further discussion. Council Member Stoltz seconded the motion. Motion carried unanimously.
45
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COUNCIL MINUTES NOVEMBER 13, 2006
APPROVED
• 1 NEW BUSINESS
2 There was no New Business.
3
4 COMMUNITY CALENDAR NOVEMBER 14 THROUGH NOVEMBER 27, 2006:
5
6 Hodgson/County Road J Master Plan Open House, Wednesday, November 15, 2006, 6:30 p.m.,
7 Lino Lakes City Hall
8
9 Thanksgiving Holiday, November 23 and 24, City Hall Closed
10
11 City Council Work Session, Monday, November 27, 2006, 5:30 p.m.
12
13 City Council Meeting, Monday, November 27, 2006, 6:30 p.m.
14
15 ADJOURN
16
17 There being no further business, Council Member Stoltz moved to adjourn at 8:20 p.m. Council
18 Member Carlson seconded the motion. Motion carried unanimously.
19
20 These minutes were considered and approved at the regular Council Meeting, November 27, 2006.
21
•E4_(. 25 r ianne : artell, City Clerk John Bergeson, Mayor
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Transcribed by:
Kim Points
TimeSaver Off Site Secretarial, Inc.
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