HomeMy WebLinkAbout09/23/2002 Council MinutesCITY OF LINO LAKES
MINUTES
DATE : September 23, 2002
TIME STARTED : 6:35 P.M.
TIME ENDED : 11:14 P.M.
MEMBERS PRESENT : Councilmembers Carlson (arrived at 8:58 p.m.), Dahl,
O'Donnell, Reinert, and Mayor Bergeson
MEMBERS ABSENT : None
Staff members present: City Administrator, Linda Waite Smi
Director, Al Rolek; City Engineer, Jim Studenski; Community D
Grochala; Associate Planner, Tanda Gretz; City Fire Chief, Mil
Director/Chief of Police, David Pecchia (part); Police Serge
Bill Hawkins.
ty Clerk, Ann Blair; Finance
ment Director, Michael
(part); Public Safety
ege (part); and City Attorney,
SETTING THE AGENDA
Mayor Bergeson noted the addition of Communit.
Consider Resolution No. 02-107 Authorizing
Utility Improvements.
An audience member asked about the is
opment Department Report, item 7M,
of Plans and Specifications, Marshan Lane
uor and tobacco licensing.
Mayor Bergeson stated that item is . t sc dui or tonight's agenda.
City Clerk Blair explained t ; ® e bye eferred to is located in a new area and needs to follow
the process. She stated a date ;' am.. as not yet been set.
Mayor Bergeson apologized for a misunderstanding and suggested the audience member call the
City Hall to learn of the process and dates of hearings.
The agenda was approved as amended.
CONSENT AGENDA
Councilmember Reinert moved to approve the Consent Agenda, as submitted. Councilmember Dahl
seconded the motion.
Motion carried unanimously.
ITEM ACTION
COUNCIL MINUTES „ '' SEPTEMBER 23, 2002
A. CONSIDERATION OF EXPENDITURES:
i) September 23, 2002 (Check No. 66108
66238, $277,093.93)
ii) Centennial Fire District (Check No. 13398 —
13420, $11,756.28)
OPEN MIKE
Approved
Approved
John Christiansen, Superintendent of Centennial Schools — Presentation on School's Operating
Levy — Mayor Bergeson welcomed John Christiansen; Superintendent of Centennial Schools to the
meeting.
John Christiansen, Superintendent of Centennial Schools, provis of background information
and an update on the operating levy that will be on the Nove ' 12 ballot. He stated he is
visiting each of the district's city councils to provide that a� a o d information and advise of
public informational meeting dates. Mr. Christiansen explain �e different types of referendums:
bond referendum for building and construction projec °r. operating levy referendum to add dollars
to the operating revenue for overhead costs, utilitie . m • p ie , personnel, etc. The request before the
voters on November 5, would generate $426/stud nt or out $3.4 million annually to assist in
operating revenue. He explained that they parte' e equalization program in the State of
Minnesota, noting that $1.3 million would b erated locally and $2.1 million from the State of
Minnesota.
Mr. Christiansen noted the operating
commented on the impact due to
school district expenses that will con
projected revenue needs an
current assumptions.
arisons with surrounding school districts. He
tate funding, slowed enrollment growth, and
grow with revenue not keeping pace. He noted the
on per year over the next seven to eight years based on
Mr. Christiansen presented a chidentifying the estimated taxable market value and year 2004
monthly increase should the referendum pass. He explained that the proposed levy will allow them to
continue operating at the current rate without the need to eliminate staff or cut programs.
Mr. Christiansen noted the basic standards test results for their students which identify the students
are doing very well. Should the levy not pass, they will continue to look at all operations and reduce
budgets for training, workshops, mini -grants, and curriculum studies. They would also look at the
possibility of delaying frequency for updating textbooks and other classroom materials. In addition,
they will look at reducing support services personnel.
Councilmember Dahl asked if this would provide an additional $426 per student and how much it is
now. Mr. Christiansen stated it is currently $39 per student and includes the State portion. Currently
COUNCIL MINUTES SEPTEMBER 23, 2002
they receive $311,000 per year. If approved it would provide an additional $426 per student and of
that amount about 62 cents is from local sources and 38 cents is from the State.
City Administrator Waite Smith asked what the school currently receives for State aid per pupil.
Mr. Christiansen stated they currently receive about $4,600 per pupil of State aid plus there are about
12 other categories the student may or may not qualify for. He noted this would be a maximum of a
ten-year levy.
Councilmember Dahl asked if there are currently operating levies. Mr. Christiansen stated the current
operating levy is $39 per pupil or $311,000 per year with part from local sources and part from the
State. That levy sunsets in school year 2006-2007.
Councilmember Dahl noted it says the referendum of $426 wil
large they are now. Mr. Christiansen stated class size in the midd
in core classes it is 33 to 34. In high school, the classes are aver
some approach 36 to 37 students.
uce class sizes and asked how
ool averages 29 students and
students per classroom but
Councilmember Dahl stated the high school has the largesse class to date. Mr. Christiansen
stated it is and every class to follow is larger.
Councilmember Dahl asked if the sophomore cla
freshman class is the largest in the high school
advised that no classes are smaller except for;
the high school will experience growth ov
smaller but made up for by larger classe
ller in size. Mr. Christiansen stated the
are 460 students in the senior class. He
year's second grade class. Mr. Christiansen noted
six years. He stated the sophomore class is
Councilmember Dahl noted that st wa im. ed last year and asked if they will be rehired if the
referendum passes. Mr. Christiansen if this passes there will be positions reinstated but he does
not know whether those s • ar :. ilable.
Mayor Bergeson asked about t timpact on property tax. Mr. Christiansen displayed a chart and
noted that with an estimated taxi - e market value of $175,000 the monthly increase would be $19.98.
A $250,000 valued property would be $28.54 per month and a $400,000 valued property would be
$45.66 per month. He noted this is the worst-case scenario and with tax base growth that will be
reduced.
Mayor Bergeson thanked Mr. Christiansen for presenting this information.
Robert Benning, 6788 E. Shadow Lake Drive, stated the City's web site shows August 26, 2002. He
stated this has been occurring for months and he believes the information on the web site is poor and
wrong. He suggested if it cannot be right, it not be posted at all. Mr. Benning stated the City's web
site should be updated in a timely fashion and cover the Council and other committee meetings.
COUNCIL MINUTES SEPTEMBER 23, 2002
Don Dunn, 6885 Black Duck Drive, stated he is frustrated with observing the Council on television
for the last four to five meetings and while he starts viewing the meeting with normal blood pressure,
he is ending with high blood pressure. Mr. Dun suggested this is mainly driven by lack of preparation
of the City Council and City staff. He stated as a result of this, there is a potential for making
improper and perhaps bad decisions. He stated if they think they are doing good, he thinks they can
do a lot better as a Council. He noted the vote is usually two for, two against, and one floating in the
middle. He stated this is not representing the needs of the people of Lino Lakes and one should not
vote because they like the neighbor, or will garner election votes from that neighborhood. He stated
that is wrong and he has all but given up.
Mr. Dunn stated he is not on a vendetta but is trying to help make Lino Lakes a better place to live.
He stated his main concern is Birch Street and advised that his life was almost terminated less than
two weeks ago by a school bus driver, from White Bear Lake. He explained that he was making a left
turn on Birch Street when he saw, in his mirror, a bus approac. him, unable to stop. Mr. Dunn
stated the bus driver had two choices, hit him or pass on the righ 1 h is illegal.
Mr. Dunn stated he has repeatedly asked for help, as recent'
speeding and passing on the right. He emphasized that the
decisions regarding traffic. He stated his opinion that th
Mr. Dunn stated he had asked City Engineer Stude
Street, Lake Drive, and Hodson Road, all County
from its responsibilities to its residents becaus h
safety of residents even on County streets.
Mr. Dunn apologized to Mr. Studenski
not have copies of the traffic studies
decisions on these roadways witho
roadways as a system, not as separat s.
o help Birch Street regarding
s made tonight are life or death
done very poorly.
fic studies for County Road J, Birch
e stated it does not relieve the Council
ounty roads since they need to ensure the
eraction with him when he was told the City does
d. He asked how the Council was able to make any
rmation. He urged the Council to consider the
Mr. Dunn suggested the Court re, everal more policemen and that the fines collected may be
enough to cover the cost. He s = ed that the problems of speeding and passing on the right hand side
are not limited to County roads . d also occur on residential roads. He stated he may buy a radar
himself to find out the speed at which they are traveling.
Mr. Dunn stated that due to lack of traffic data he would support a moratorium on all development,
residential and commercial. He reviewed the upcoming developments and projects and stated it is the
Council's responsibility to make this a better and safer community and he does not see that is
happening.
Mr. Dunn stated he appreciates the time provided him to present these concerns and he plans to
continue his message to the Council and staff. He stated that data is needed to make the right
decisions and urged the Council to resolve to do better which he believed they can and must do for
the citizens of Lino Lakes and those traveling through Lino Lakes. He stated that the data needed for
COUNCIL MINUTES SEPTEMBER 23, 2002
the Council to make their decisions tonight is not available and asked the Council to make no further
decisions until that information is available.
Councilmember Dahl stated Bob Benning commented about the web site and she had planned to
bring this up at the next work session for discussion. She noted the work session minutes are also late
in being posted.
Councilmember Dahl stated she has asked for the accident reports on Birch Street, which are now
outdated, and suggested all Councilmembers receive the accident update, which will help in making
decisions.
No one else was present for open mike.
FINANCE DEPARTMENT REPORT, AL ROLEK
Continuation of Public Hearing on Five -Year Financial Plan ek — Finance Director Rolek
explained that the continuation of the public hearing on the 5 ` cial Plan is scheduled for
tonight. At the September 4, 2002 Council work session, st recommended tabling the issue to
allow the Plan to be updated consistent with the proposeget and to extend the term of the
Plan to 2003-2007. He stated it is staff's intention to, n° ltthe 5 -Year Plan and present it to Council
at a November work session with a public hearing n December.
Finance Director Rolek recommended that the
Financial Plan to December 2, 2002 to receiv
Plan on December 9, 2002. A notice of p
hearing.
Councilmember O'Donnell moved
December 9, 2002. Councilmember
cil continue the public hearing on the 5 -Year
mment on the revised plan, with adoption of the
'fig will be posted and published prior to the
ue public hearing on the 5 -Year Financial Plan to
econded the motion.
Curt Byron, 1150 Hudson Tragi , mm ate he has seen great progress in the Council's work sessions,
which he appreciates. He state this is the final continuation of the petition for road improvements
along Holland Drive West and 1 Avenue. Mr. Barnes stated he moved into South Trappers about
a year ago and he and many families walk that street and find it to be very narrow. He stated he has
additional names to add to the petition and provided that information to City Clerk Blair.
Motion carried unanimously.
Finance Director Rolek noted it is staffs intent to advertise and post the rescheduled public hearing
date.
ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
Consider Setting Public Hearing for First Reading of Ordinance No. 11-02, Renewal of Cable
Communications Franchise Agreement, Dan Tesch — City Administrator Waite Smith advised that
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COUNCIL MINUTES SEPTEMBER 23, 2002
Lino Lakes is one of seven members in this franchise and the North Metro Telecommunication
Commission has renegotiated a cable television franchise on behalf of member cities with ATT
Broadband. As this franchise agreement is an ordinance, it requires a public hearing. She
recommended that public hearing be set for 6:45 p.m. on October 14, 2002 and noted that will also be
the first reading of the ordinance with the second reading scheduled on October 28, 2002.
City Administrator Waite Smith also recommended, because this is a lengthy document, that a
summary, prepared by the City Attorney, be published in lieu of the entire document. Staff's research
indicates this item is appropriate subject matter for the summary publication method. State law
provides for the summary publication alternative; however, it requires a 4/5ths vote of the Council to
do so.
Councilmember Reinert moved to schedule a public hearing on October 14, 2002 at 6:45 p.m. to
consider renewal of the Cable Communication Franchise Agrei t and first reading of Ordinance
No. 11-02. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Councilmember Dahl moved to authorize summary publi tis Ordinance No. 11-02.
Councilmember Reinert seconded the motion.
Motion carried unanimously.
Consider Resolution No. 02-125, Acceptin
Equipment, Dan Tesch — Public Safety
Incorporated has graciously donated em
Safety Department. The purpose of
Enterprises for their generous dona
nation, Kieger Enterprises, for Safety
o� cchia advised that Kieger Enterprises
ighting and siren equipment for use by the Public
olution is to accept and publicly thank Kieger
Councilmember O'Donnell� $ e x o a . ® esolution No. 02-125, Accepting Donation from Kieger
Enterprises Incorporated for ge y E•uipment. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-125 can be found in the City Clerk's office.
Consider 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 that in May or June, Anoka County stated they decided on the final design of
reconstruction of CSAH 49 south of Lake Drive to County Road J. Even though the City Council
was disappointed that Anoka County did not incorporate the suggestions made by the citizen's group
who conducted a lengthy process to review the plans, the City decided the project was so important to
the overall City, they would accept the design. She reviewed that a letter was sent to Anoka County
stating the City wanted the project done, and were willing to accept the compromise plan. Later the
City was advised that the letter would have carried more weight if accompanied by a formal
COUNCIL MINUTES SEPTEMBER 23, 2002
resolution. This was brought to the Council two weeks ago and the discussion was continued to this
evening.
Mayor Bergeson noted the draft resolution which was presented several weeks ago. He stated this is
not a public hearing but would ask if anyone in the audience wished to speak to this item.
Lynn Heaser, 218 Egret Lane, stated the City needs to send this resolution since Anoka County will
not accept phone calls or e-mails, they want a formal message sent that the City will accept this
project. She stated questions remain regarding how much right-of-way the County will require and
asked if it would be 100 or 120 feet. Ms. Heaser stated Anoka County likes to build massive
roadways and she is afraid it will need 120 feet if the Council does not agree to the compromise plan.
She stated she thinks this design is more fitting for Lino Lakes and the divided highway would only
be in her area. She stated she is also hoping for sound barriers to abate the noise but would
compromise to lose the median south of Birch Street. Ms. Hea tated the City has speed studies,
traffic counts, and accident reports so there is a lot of informatio he is worried about the new
housing that will create the need for the original plan, which is ha wo E dream. She urged the
Council to adopt the resolution.
Mark Rehbein, 365 Sioux Lookout, stated he has lived in in. es his entire life and seen the
population grow from several thousand people. He st . R .:'� e thing about Lino Lakes that remains
the same is Highway 49 (County Road 23) and ask- ow " e can be such a large population
increase but an agreement not reached on a decisi to ake it better for all citizens of Lino Lakes.
He stated he understands the concerns of those long County Road 23 but the Council is in
leadership positions and needs to consider w better for the entire population of Lino Lakes.
Mr. Rehbein stated many evenings he se eigh or twelve -year-olds riding a bike down the side of the
road. He asked how may kids will b e: wfore something is done to increase the size of that
roadway and stated it is not subst. 1 en: gh serve the larger population of Lino Lakes. Mr.
Rehbein urged the Council to come t. b s; ran reach a decision so the Anoka County funds are not
lost to another community.
Mr. Rehbein stated someone pr ented him with a petition saying Anoka County would construct a
"freeway" which he believes was, of correct. He stated this project will provide traffic management,
provide for future development, and provide for jobs. He urged the Council not to lose this
opportunity to improve Lino Lakes.
Chuck Schneider, 6601 Sherman Lake Road, stated Mr. Rehbein is making perfect sense and the road
is currently too narrow for what is going on in that location. He stated many times he has almost been
pushed off that section of roadway and he believes it needs to be helped. He stated this is not a
freeway but will ease the traffic and help all residents without damage. He urged the Council to adopt
the resolution.
Rockne Goertz, developer of the Spirit Hills Commercial Development, stated they did a traffic study
of Birch Street and County Road 49 and that information may inform the Council about the effects of
putting a light at Birch Street.
COUNCIL MINUTES SEPTEMBER 23, 2002
Tony Winiecki, URS Corporation, stated they did a traffic analysis for the Spirit Hills Commercial
Development to determine impacts on three intersections, Hodson Road at Birch Street, County Road
10 at Ware Road, and the future intersection of Hodson Road at Ware Road. He presented a copy of a
memorandum which detailed the results of that study.
Mr. Winiecki stated it was discussed at a work session to analyze the impacts should a traffic signal
be installed at Birch Street. He stated the draft report was prepared for the September 4, 2002
meeting and the biggest impact will be at County Road 49 and County Road 10 should a signal be
installed there.
Mr. Winiecki presented the findings and summary of scenario analysis results (Table 2 of the traffic
analysis), noting a.m. and p.m. peak hour intersection performance under existing conditions, existing
volumes with a southbound turn lane and signal at County Roa 9 and 10, post development
conditions, and post development volumes with a southbound e and signal at County Roads
49 and 10.
Mr. Winiecki noted there would be a significant improvem
With or without development, the biggest positive impac
turn lanes. He explained that the investigation did no
operational analysis based on the operation propos
stalling a turn lane and signal.
c signal system with appropriate
crash or accident data, and is simply an
articular site.
Mayor Bergeson asked about the assumptions ber of lanes. Mr. Winiecki stated the only
lane added is the southbound through lane wit , left turn.
Larry Grubbs, 8058 Aenon Place, stated
been a resident for over 50 years. He
over 30 years. He urged the Counc
would not like to see it improved but
done. He stated school bus
bridge in Anoka County.
roperty at Birch Street and County Road 49 and has
as also had to make that left turn to go to work for
cision on County Road 49 and stated he personally
public and safety standpoint, something needs to be
ge on a daily basis and it is rated as the second worst
Mr. Grubbs stated Anoka Coun $ as tried to get something done but it has not been approved by the
Council. He stated he does not take the same position as Mr. Dunn and believes the Council is
"dataed-out" and there are too many reports. He noted the new development and schools have been
built which took land away from him. He stated he hates to see Birch Street and County Road 49
widened but that is the right decision. He noted that he will lose his business if Birch Street is
widened and that is not easy for him but if he is willing to give up his business, he does not
understand why the Council is not able to make this decision. He stated County Road 49 needs to be
repaired whether people like it or not. He stated it is the same with Birch Street and if something is
not done, a busload of kids will get killed out there. He urged the Council to quit horsing around.
Mr. Dunn stated he wanted to clarify his position on this particular item. He stated it does represent
what he is striving for, safety of the community. He stated he is personally not against this project but Aft
would like to see an effort on the part of the Council to see how this segment fits into the rest of Lino lip
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COUNCIL MINUTES SEPTEMBER 23, 2002
Lakes and to use it as an initiative to complete their work. He urged them to be proactive rather than
reactive and stated this road needed to be improved two years ago if they could have had a traffic
impact analysis on Birch Street and County Road J. Mr. Dunn stated he hopes it will not funnel a lot
of commercial trucks down Birch Street and suggested the Council look into that issue.
Mayor Bergeson asked if there is new information since the last time this was discussed.
Community Development Director Grochala stated he has received no new information from Anoka
County regarding this. He stated staff is expecting a letter on the status of this project and Doug
Fisher, Anoka County Highway Engineer, stated that letter is drafted and under review at this time so
it is expected shortly.
Councilmember Dahl noted the draft resolution indicates the City of Lino Lakes is willing to
participate financially and asked what the dollar amount would Community Development
Director Grochala stated there is not a budget but the figure disc was about $500,000 and the
intent was that part of the City cost share would pay for some of e de a elements, streetscaping,
and landscaping.
Councilmember Dahl asked if that included the trails. Cistrator Waite Smith explained
those are the elements the citizen's group discussed.
Councilmember Reinert stated at the beginning o cess he said he would not vote for a four
lane divided highway cutting Lino Lakes and t athis proposal is so he will not vote for it.
He stated the road is in bad need of improve t but he does not think a four lane divided highway
is an improvement. Councilmember Rei e - Ota dif this is voted on, it may be done by 2008 since
Anoka County has been indifferent abo hen. would get done. He stated someone commented
that it is not a freeway, but he believeeway and he will not support that or be responsible
for it.
Councilmember Reinert sta e beg'ng of the process, 30 to 40 people opposed it. Then
Anoka County went down th " . o avi ' g 25 meetings to wear people out and the rest of the
people they scared into submission. Councilmember Reinert stated he has heard people say they are
scared they will get a worse road roadNince that is what Anoka County said would happen if they did not
submit, so they did. He suggested there is a better road design than a four lane divided highway.
Councilmember Reinert stated he is not opposed to improving County Road 49, but is opposed to a
four lane divided highway. He stated some have said it will not encourage truck traffic, yet Anoka
County has said it would be a reliever for traffic from 694, from Shoreview all the way to 494. He
stated if they want to relieve that traffic, it should be done there and not through Lino Lakes. He
stated people who support growth will not like his position but he believes Lino Lakes does not need
a four lane divided highway. He noted the City already has 35W and 35E and lanes could be added to
35W and 35E if they want to relieve traffic. Councilmember Reinert stated he will vote against this
resolution and hopefully in the next eight years a better design can be found before they show up with
bulldozers.
COUNCIL MINUTES SEPTEMBER 23, 2002
Councilmember Dahl stated the entire Council is very concerned with the roadway and all know it
needs to be redone. But to the extent, they do not agree. She stated she was under the impression that
when it first started, it was only from Birch Street to Lake Drive and the County was giving a bonus
since there was extra money to do from Birch Street to County J or 85th Avenue.
Councilmember Dahl asked if the draft resolution should just be from Birch Street to Lake Drive
since that was her understanding from Anoka County and is the area of concern for Councilmember
Reinert.
Councilmember Reinert stated the whole roadway needs to be improved and to piecemeal at this point
in time is not reasonable.
Mayor Bergeson noted a letter was sent to the County that contained the same information included in
the resolution. It is staff's recommendation to adopt that resol
Councilmember O'Donnell moved to adopt Resolution No. 02 -
for reconstructing CSAH 49 from Lake Drive to County Ro
motion for discussion purposes.
Councilmember O'Donnell indicated he has stated hi
a decision. He noted that two and one-half years h
compromise has been reached to provide safe pas
ing Anoka County's design
cilmember Dahl seconded the
n before and believes it is time to make
nt working with Anoka County and a
. He stated he will support the motion.
Mayor Bergeson stated he supports the motio- d proceeding with the road. He stated it is not
exactly the road the City would have desie Council is not traffic engineers and he believes
this is a reasonable design and compro be een the original proposals of Anoka County, Staff,
and citizen groups. Mayor Bergeson = a Y. uld not be a negative for the community, but would
be an asset. He stated he does not ee i F out e described as a four lane divided freeway because
it does not have 70 mph freeway spe e noted it will contain landscaping even north of Birch
Street and south of Birch S + evided highway with the opportunity of striping to three
lanes. Mayor Bergeson note is ccurring in Shoreview and he would support that same design
in Lino Lakes so it is the same om Highway 96 up to Birch Street.
Mayor Bergeson noted that north of Birch Street it is already divided and the new bridge will not
occur unless it can accommodate four lanes. He stated that having four lanes north of Birch Street
seems to him to be a natural so he has no problem with four lanes. Mayor Bergeson restated he would
support the motion.
Councilmember Dahl stated she has quite a few comments. She stated she agrees with
Councilmember Reinert on a lot of issues he raised but the problem she has with the divided highway
is the median in it. According to Anoka County Engineers, they will not agree to the design without
the median. She stated that Councilmember Reinert discussed a reliever for traffic on highways
which she believes to be correct. She stated it was mentioned that besides truck traffic, the medians
and wider lanes could accommodate 18 -wheelers which she does not want coming through Lino
10
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COUNCIL MINUTES SEPTEMBER 23, 2002
Lakes. She stated 35W and 35E and 694 need to add lanes, noting nothing has changed with those
roadways since the 1960s.
Councilmember Dahl stated a letter was sent to Anoka County and now there has been time for
second thoughts. She stated the recommendation was actually from Anoka County Commissioner
Margaret Langfeld and a County Engineer, not from City staff, and provided as a verbal
recommendation to Mr. Grochala. Councilmember Dahl stated she would have liked to see that in
writing from Anoka County since Lino Lakes has provided a letter but now the County is asking for a
resolution. However, Anoka County has not provided anything in writing on what they will or will
not do or when it will be done.
Councilmember Dahl stated she would like to wait since as it sits now, she is not ready to say yes.
She stated she would like the matter tabled since staff is still waiting for a letter from Anoka County
and she would like to see exactly what Anoka County will agreand when. Councilmember Dahl
stated she would also like this addressed by the full Council.
Councilmember Reinert stated you also need to think about
a lot of residential development has been put along Lake D
plan, there may have been greater setbacks to assure the read
He stated Mayor Bergeson said south of Birch Street
currently the plan is a divided highway unless Ano
Then it may be reduced but currently it is a divid hi> ay.
Councilmember Reinert suggested that lowe
50 mph but if it is lower, Anoka County
45 to 40 mph would provide a road imp
safe.
. He noted that in recent years
if the City had known about this
d not encroach on those residences.
going to be a divided highway, but
an work with MnDOT on the speeds.
speeds is a solution. He stated the speed is currently
could design lesser of a highway. He suggested
that better fits the character of Lino Lakes and is
Mayor Bergeson noted that is a con • .• the City's approval included in the resolution before the
Council.
Community Development Dire or Grochala clarified that Anoka County did not request a resolution
from Lino Lakes. He explained at in discussions he had with Anoka County representatives, it was
asked whether the Council had adopted a resolution in support. Community Development Director
Grochala stated he said no but they were looking at doing that. Anoka County had commented to him
that for a project of this magnitude, councils typically respond with a resolution.
Community Development Director Grochala stated Anoka County did respond to the City's plans
with a simple response that the plan previously submitted was not acceptable and they would still go
forward with the compromise design to reduce the right-of-way from 120 feet to 100 feet, the
roadway width from 84 feet to 68 feet, and through design efforts utilize landscaping on the southern
portion from Birch Street to County Road J to incorporate and support a lower designation of speed
limit to allow for removal of the median south of Birch Street. He explained this was not considered
north of Birch Street since design parameters did not dictate the removal of the median and there are
few access points so the median would not create access problems. He stated Anoka County has
11,
COUNCIL MINUTES SEPTEMBER 23, 2002
responded and the purpose of this resolution is to request the County do what the City is comfortable
with doing, not to ask what Anoka County is going to do.
Community Development Director Grochala stated Anoka County is comfortable with this design and
the resolution would state the City wants to move forward with that design. He noted that Anoka
County will make improvements to County Road 49 and it started because the bridge is in
deteriorating condition and needs to be replaced. Also, the intersection of Hodson Road and Birch
Street is not operating well and needs to be improved. The project was planned in 2002 but due to
lack of consensus of the Council, that was postponed. Anoka County stated they will move forward
to reconstruct the bridge and intersection and that will probably be detailed in the letter they will be
sending.
Community Development Director Grochala stated Anoka County has said if they move forward, that
for lack of an overall plan for County Road 49 from Lake Drive County Road J, they would move
to typical County regulations and their current policy is for 120 f t -of -ways and a four lane
divided highway. He stated he is not certain of those project lima ans ere would be some
realignment of the roadway with construction of the bridge, om Egret to south of the
Miller farm.
Community Development Director Grochala stated th . 'se of the resolution is to continue to get
Anoka County to move forward with the original cromi ` design. He stated this street ties into
Lake Drive which is a principal arterial street and d Use Plan actually conforms to that type of
designation with commercial, industrial, or hig residential along that stretch of Lake Drive. •
Typically, a 60 -foot right-of-way is required r commodate a higher capacity roadway. He stated
there are increased volumes of traffic and to Lino Lakes' development, surrounding cities
have added to the traffic level. He state jection is close to the Anoka County projection that
there will be upwards of 20,000 cars odson Road 20 years out. Community Development
Director Grochala stated the resolu ;; n s ifie Vino Lakes' commitment and urges Anoka County to
program that project and move forw
Councilmember Dahl asked i Ilrre uld'be 120 feet of divided roadway from County Road 49 to
County Road J. Community Development Director Grochala stated the original County proposal was
for 120 feet of right-of-way and kat is typically what Lino Lakes requires for dedication along a
County roadway. He stated that is not road surface, but the land area to accommodate improvements.
Councilmember Dahl asked about the speed of traffic and whether MnDOT will allow that speed
limit to be lowered. Community Development Director Grochala stated MnDOT is the road authority
that assigns speed limits to County highways and City streets in this instance. It was MnDOT's
suggestion to go through the design process to include streetscaping and landscaping to achieve that
45 mph designation. He explained there is a difference between the actual makeup of the southern
portion of Hodson Road that differs from the northern portion related to the number of driveways and
is a determining factor in deciding the speed limit. He stated it has been discussed at length that Lino
Lakes can probably achieve that designation of 45 mph if the design includes streetscapes and
landscapes.
12
COUNCIL MINUTES SEPTEMBER 23, 2002
Community Development Director Grochala stated it is staff's intent that by passing the resolution
and forwarding it to Anoka County, it will affect their decision. If Anoka County decides funding is
not available for the entire project, potentially they can modify the smaller project (bridge and
intersection) to conform with that design. Without that commitment from the City, Anoka County
may decide to do something else and fall back to typical County standards for a roadway of this type.
Councilmember Dahl asked Councilmember O'Donnell if he would like to table this action.
Councilmember O'Donnell stated this was tabled at the last meeting and he believed the information
was available to make a decision at that time. He stated he wondered what new information would
come to light that would result in any Councilmember changing their mind. He stated that the last
time it was tabled he asked that a decision be reached tonight. However, he finds himself between a
rock and a hard place since it appears if voted on tonight it will fail on a 2/2 vote which will tell
Anoka County the City does not support the project and they w onstruct to their specifications. If
tabled, Anoka County may determine Lino Lakes is unable to m their mind and move forward
based on that information.
Councilmember Dahl stated she would feel more comfortah:
County to see what they will say and what their recomm
now and in the future. She stated that right now she
everything to be in writing and clearly spelled out s
Council to be present.
etting the letter from Anoka
are so it is known where they stand
ote with a good conscience and likes
o question. She would also like a full
Mayor Bergeson noted that Anoka County haovided in writing what the design will be and the
City has had that letter for some time. Hesai derstands Anoka County wants a resolution
from Lino Lakes to assure their support P ject due to its size. He stated he does not support a
motion to table, noting it has been di a two and one-half years. Mayor Bergeson explained
this was a State highway and given County along with funds to improve it but Anoka
County is not obligated to spend thos s on this particular roadway. He stated it is not
responsible on the part of th w those funds to go elsewhere.
Mayor Bergeson stated he is no as optimistic that Lino Lakes can go back and renegotiate the project
and he thinks the resolution sho move forward.
Councilmember Dahl stated there have been hints that this money is already gone and asked if it is
known if the funds are available. She also asked what the letter from Anoka County will state.
Community Development Director Grochala stated after the last meeting he was directed to ask the
County Engineer if the money is available and if Anoka County will, if approved, proceed with the
compromise design. He stated he did not want to ask those questions specifically for getting a
response prior to sending the resolution but he did. From the perspective of the County Engineer,
they are investigating the allocation of that turn back money to projects that are already underway and
have shortfalls. On the compromise design, the County Engineer stated it would not be his
recommendation to follow that design any further. He indicated that was strictly his recommendation,
although he would be putting together a letter to solidify that determination.
13
COUNCIL MINUTES SEPTEMBER 23, 2002
Councilmember Reinert stated that unless the design changes, he would not change his vote. He
called the question.
Councilmember O'Donnell and Mayor Bergeson voted yea. Councilmember Reinert voted nay.
Councilmember Dahl abstained from the vote.
City Attorney Hawkins stated the motion carried.
Motion carried.
Resolution No. 02-95 can be found in the City Clerk's office.
Councilmember Dahl stated her understanding that abstaining is the same as a no vote. City Attorney
Hawkins explained that if you do not vote, it is not counted. In, case the vote was 2 to 1 to adopt
a resolution which needs a simple majority of those voting to pas
PUBLIC SAFETY DEPARTMENT REPORT, DAVE PEC
Consider Joint Powers Agreement with Anoka Countj Jo yaw Enforcement Council for
Public Safety Digital Radio Communications Syst oka County Attorney, Robert M.A.
Johnson -Public Safety Director Pecchia advised the •` oka County Joint Law Enforcement
Council is proposing a new public safety comm cat" system and introduced Anoka County
Attorney Bob Johnson.
Bob Johnson, Anoka County Attorney, st.> e 'been a County Attorney for a significant time but
is also the Chair of the Anoka County J. Enforcement Council (JLEC) which has been in
existence for about 30 years. He expAnoka County funds communications but the JLEC
determines the policy for pubic safes $ co un .'tions. Some years ago, the Communications
Committee was concerned about the..,, s in public safety communications and determined there
was a need to significantly :° ;. e unications system. After researching available
technology and frequencies, t o issi n recommended creating an 800 megahertz system as
opposed to the frequencies currently being used. They then looked at a way to fund this $12.5 million
system which is more than Anok County can handle in its capital improvements program. The
Legislature, pursuant to request of Anoka County, passed a law to allow a county -wide levy for
bonds to create a communication system. The County considered what it would do and decided to
move forward but wanted to also create a joint powers agreement so all municipalities in the County
understand the basic framework of this agreement.
Mr. Johnson provided a brief overview and explanation of the draft joint powers agreement. He
noted Clause 5 indicates Anoka County will spend $12.5 million with the anticipation of receiving
additional funding from other sources so $12.5 million would be the cap. Mr. Johnson reviewed the
distribution of radios and noted it has been provided that the infrastructure will be built and what is
left over will go towards the radios to provide a threshold ability for police and fire. After the
County's one-time buy, the cities will be responsible for new purchases and for the Metropolitan
Radio Board user fees. Mr. Johnson explained how radios will be repaired and additional radios
14
COUNCIL MINUTES SEPTEMBER 23, 2002
provided for special events. He reviewed the rest of the draft joint powers agreement and Exhibit A
which addresses distribution of funds. He noted that the actual dollar amount will change; however,
the same percentages will be used to determine distribution. Mr. Johnson advised that the JLEC and
Fire Department Council have both recommended the Council approve this joint powers agreement.
Mayor Bergeson asked if this requires new towers. Mr. Johnson stated they anticipate some new
towers will be needed but the exact placement will need to be determined.
Mayor Bergeson inquired regarding the timetable. Mr. Johnson stated engineering has started and he
anticipates the system will be in place within two years.
Councilmember O'Donnell moved to approve the Joint Powers Agreement with Anoka County Joint
Law Enforcement Council for Public Safety digital radio communications system. Councilmember
Dahl seconded the motion.
Motion carried unanimously.
Consider Centennial Fire Items:
1. Consider Accepting Donation for Safety Cam 're Chief Bennett — Fire Chief Bennett
explained that the fee to attend the Safety Camp do of co er the cost so the rest of the expenses are
funded through donations. He advised that threedonations have been received as follows: $1,500
from the Centennial Fire Fighters Charitable Gain und; $1,500 from the Lexington Fire
Fighters Charitable Gambling Fund; and, $1, ' , om the Ladies Auxiliary Charitable Gambling Fund.
Councilmember Dahl moved to accept c patio for the Fire Safety Camp as outlined by staff.
Councilmember Reinert seconded th
Motion carried unanimousl
2. Consider Resolution r 2 : ' ro ' amation for Fire Prevention Week, Fire Chief Bennett
— Fire Chief Bennett advised th October 6-12 is Fire Prevention Week and requested the City
Council adopt a resolution in sup: ort of that event. He stated the Fire Department spends the entire
month of October to focus on fire prevention including visits to five elementary schools.
Mayor Bergeson reviewed a proclamation declaring the week of October 6-12, 2002 as Fire
Prevention Week in the City of Lino Lakes.
Councilmember Reinert moved to adopt Resolution 02-128, Proclamation Declaring October 6-12,
2002, as Fire Prevention Week. Councilmember O'Donnell seconded the motion.
Motion carried unanimously.
Resolution No. 02-128 can be found in the City Clerk's office.
15
COUNCIL MINUTES SEPTEMBER 23, 2002
Consider Resolution No. 02-123, Proclamation for Crime Prevention Month, Police Chief
Pecchia - Police Chief Pecchia advised that Crime Prevention month was designed to heighten crime
prevention awareness and generate support and participation in local anticrime efforts among civic
groups, schools, faith communities, businesses, and individuals as they help to nurture communal
responsibility and instill pride throughout the City. Staff is requesting that Council acknowledge and
read the proclamation in support of designating the month of October 2002 as Crime Prevention
Month in the City of Lino Lakes.
Councilmember Dahl moved to adopt Resolution 02-123, Proclamation Declaring October 2002
Crime Prevention Month. Councilmember Reinert seconded the motion.
Motion carried unanimously.
Resolution No. 02-123 can be found in the City Clerk's office.
Consider Resolution No. 02-126, Accepting DOJ (COPS MOE) '"ice Department Technology
Grant, Police Chief Pecchia — Police Chief Pecchia advise r t `ino Lakes Police Department
has been selected to receive grant funds in the amount of ',1 : 63 + purchase hardware and software
that will allow the department to continue its expansion ' ea of making information more
easily accessible to officers while in their squad cars. . - • ed the Council to accept this grant on
behalf of the City of Lino Lakes and its Police Dep ent. ` yhe City's matching funds/local share is
25% which is included in the budget process. He e presence of Police Sergeant Kent Strege.
Police Sergeant Strege stated a grant like this
access information from the squad cars.
the next step to expand that accessibili
been received in the past to provide the ability to
funds will allow the Police Department to take
Councilmember O'Donnell moved , + ado Rei ution No. 02-126, Authorizing Execution of
Agreement. Councilmember Dahl se ! -fid the motion.
Motion carried unanimously.
Resolution No. 02-126 can be fob d in the City Clerk's office.
Consider Resolution No. 02-124, Proclamation for Domestic Violence Awareness Month, Police
Chief Pecchia — Police Chief Pecchia requested that Council adopt the draft resolution to
acknowledge and support the designation of the month of October 2002 as Domestic Violence
Awareness Month in the City of Lino Lakes.
Councilmember Reinert moved to adopt Resolution No. 02-124, Proclamation for Domestic Violence
Awareness Month. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-124 can be found in the City Clerk's office.
16
•
COUNCIL MINUTES SEPTEMBER 23, 2002
Councilmember Carlson arrived at 8:58 p.m.
Mayor Bergeson called for a brief recess at 8:59 p.m. The meeting was reconvened at 9:07 p.m.
PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
There was no Public Services Department Report.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA
Mayor Bergeson requested Council consensus to next consider Item 7F, i. and ii, due to a staff
recommendation to table and audience members who may wish to make comment.
The Council concurred with this request.
Spirit Hills Commercial Development, Michael Grochala
1. Consider First Reading of Ordinance No. 08-0 R ' g to GB/PDO
2. Consideration of Resolution No. 02-88 Ap ;q ite and Building Plans
Community Development Director Grochala st
08-02 to rezone property from to GB/PDO in
bank facility and automobile fueling statio
He noted that the Council discussed this
session held last Wednesday. The appli
Community Development Director
impact on the Hodson Road
revised his traffic study and a
be tabled to provide a better o
development.
quest was the first reading of Ordinance No.
onditional use for a daycare, drive through
and building plan review for that development.
s 12, 2002, September 4, 2002 and at the work
now before the Council for action tonight.
a ex ained that the biggest issue relates to traffic and
Birch -, et intersection. He stated that the developer has also
new 60 -day extension to the City so the application can
• •orturnty to evaluate improvements in that area and the impact of this
Rockne Goertz, applicant and developer of the Spirit Hills Commercial Development, stated after the
issues raised on the Birch Street and County Road 49 intersection, it is obvious that a signal is
needed. He stated that after discussions with his attorney and engineers, they believe they should go
to Anoka County to see if the construction schedule can be moved ahead, or if not to at least get the
signal light installed which their study shows will relieve a lot of the problems. He stated he does not
know what the expense will be or level of participation, but the City still has questions and he does
not want to push a decision since the review time has expired.
Mayor Bergeson requested a date when it will next be considered. He then asked if anyone in the
audience would like to address this item.
17
COUNCIL MINUTES SEPTEMBER 23, 2002
Mark Gobran, 6348 Painted Turtle Road, spoke in favor of retail development. He stated he moved
from Roseville about nine and one-half years ago where he had lived in an area with near -by
convenience stores, amenities, and a school. He stated he finds that to be a nice community and
thinks it would be a benefit to Lino Lakes to allow small commercial areas within residential areas
which will also expand the tax base.
Community Development Director Grochala recommended this be tabled to the November 28, 2002
Council meeting, unless a plan is completed prior to that date. He stated the Council will be updated
on the progress being made at a future Council work session.
Mr. Goertz stated he suggested November 28, 2002 to assure he has enough time to work with Anoka
County. He suggested that the Council be updated at the work session prior to the November 25,
2002 Council meeting.
Councilmember Reinert moved to table consideration of the Spi
Ordinance No 08-02, and Resolution No. 02-88 to the Novembe
update at the November 6, 2002 Council work session. Co
Motion carried unanimously.
s Commercial Development,
2 Council meeting with an
r Dahl seconded the motion.
Consider First Reading of Ordinance No. 09-02 catin Drainage and Utility Easement, Lot 3
and Lot 4, Block 1, Pheasant Hills 9th, (Brause pro . rty), Public Hearing, Tanda Gretz —
Associate Planner Gretz explained that agenda an application for a drainage and utility
easement vacation by Mr. Theodore Brausen Brausen, who lives at 6763 Timberwolf Trail, has
purchased the adjacent lot to the south of e: d has now combined the two lots into a single
tax parcel. Mr. Brausen would like to v a'"A to side yard drainage and utility easements that run the
length of the lot line separating the e has constructed a pool on the southern lot.
Associate Planner Gretz noted that t ect easement area exists as two standard five-foot side
yard easements for Lot 3 an :lo, of the Pheasant Hills 9th Addition. The easement area
measures approximately 10' 4'. " ity ngineer Studenski reports that there are no utilities or
storm sewers located in the eas s ent area. As a result, staff feels there should be no negative impact
to vacating the proposed easeme area, and would recommend approval of the vacation.
Mayor Bergeson opened the public hearing at 9:20 p.m.
No one appeared to address this item.
Mayor Bergeson closed the public hearing at 9:21 p.m.
Councilmember O'Donnell moved to approve FIRST READING of Ordinance No. 09-02, Vacating
Drainage and Utility Easement, Lot 3 and Lot 4, Block 1, Pheasant Hills 9th. Councilmember Dahl
seconded the motion.
18
COUNCIL MINUTES SEPTEMBER 23, 2002
Councilmember O'Donnell voted yea. Councilmember Dahl voted yea. Councilmember Reinert
voted yea. Councilmember Carlson voted yea. Mayor Bergeson voted yea.
Consider Resolution No. 02-115, Approving Minor Subdivision, 82XX West Rondeau Lake
Road (Cardarelli / Severson property), Tanda Gretz — Associate Planner Gretz explained that
agenda item 7B is an application for a Minor Subdivision for Laraine Cardarelli and Craig Severson
for property located in the 82 -hundred block of West Rondeau Lake Road. The site is 32 acres in size
and zoned Rural. The applicants would like to subdivide the property into two lots: one of 10.43
acres and one of 21.69 acres.
Associate Planner Gretz indicated the Certificate of Survey for the property indicates that both
proposed lots will meet the 10 acre minimum lot size requirement for property in a Rural zone. Both
lots also meet the minimum lot width and road frontage requirement of 330 feet, and the minimum
upland requirement of 20 percent. In addition, soils tests perfo d show that there are soils on each
of the lots capable of supporting a septic system, with room for b mary and secondary sites.
Associate Planner Gretz advised that as the proposed minor
requirements as specified under the Lino Lakes City Ordin
with the following three conditions:
h meets all minimum lot
f would recommend approval,
1.) A park dedication fee of $1,665 to be per• .•rior ta the certification and recording of the
minor subdivision.
2.) The applicants shall dedicate to the i ``age and utility easements measuring ten feet
in width along the front and rear .. �..erry lines, five feet in width along side property
lines, and covering all pondingt:+ dnd areas. Such dedication shall be in the form of
a Quit Claim Deed, per the atto. ey.
3.) The applicant shall dedic ity a 33 -foot wide permanent public right-of-way
adjacent to West Ronde L.Ro` Such dedication shall be in the form of a Quit
Claim Deed, per the Ci • y.
Councilmember Reinert movt Resolution No. 02-115, Approving Minor Subdivision,
82XX West Rondeau Lake Roa (Cardarelli/Severson property). Councilmember Dahl seconded the
motion.
Councilmember Carlson noted the date and month need to be inserted into the draft resolution. City
Clerk Blair stated that will be corrected to indicate tonight's date.
Motion carried unanimously.
Resolution No. 02-115 can be found in the City Clerk's office.
Consider Resolution No. 02-116, Approving Variance, 8065 Wood Duck Trail (Sullivan
property), Tanda Gretz — Associate Planner Gretz explained that agenda item 7C is an application
for a Variance for Michael and Laura Sullivan of 8065 Wood Duck Trail. The Sullivans are asking
19
COUNCIL MINUTES SEPTEMBER 23, 2002
for a variance from the ordinance requirement which states that no detached accessory building is to
be sited closer to the front lot line than the principle building.
Associate Planner Gretz noted that the Sullivan's property is 2.89 acres in size and zoned Rural.
There is currently no garage on the site, and the Sullivans would like to construct a detached 2 -car
garage. Placement of such a garage to the side or rear of the home, however, is problematic due to
three site constraints: 1) a septic system is located to the south of the home; 2) a water well is located
to the north of the home; and, 3) a pond is located behind the home to the northwest. As a result of
these constraints, the Sullivans would like to place the proposed garage to the side of, but in front of,
the front line of the home.
Associate Planner Gretz advised that such a proposed site would satisfy the required street setback for
the property, which is 40 feet, since Wood Duck Trail is classed as a Minor Collector road. In
addition, construction of a garage on the site would also satisfy$ tion 5, subdiv. 1.C.3 of the Lino
Lakes Zoning Ordinance, which states that "all dwellings in a R ne shall have a double garage."
Lastly, construction of the proposed garage would be within the lowe umber and size of accessory
buildings allowed for property of this size and zone, if an ex ' g 10' utility shed is removed.
Associate Planner Gretz reviewed that the Lino Lakes Zo
requests for variance or appeal and in taking subsequ
based on the following five points:
1.) That the property in question cann
allowed by the official controls.
2.) That the plight of the landown
not created by the land owne
3.) That the hardship is not d
for the property exists
4.) That granting the varianc
that would be de = a his
district.
5.) That the proposed a
nance states that "in considering all
n, the City shall make a finding of fact"
a reasonable use if used under conditions
o physical circumstances unique to his property,
mic considerations alone and when a reasonable use
to °'of the ordinance.
sted will not confer on the applicant any special privilege
ance to other lands, structures, or buildings in the same
tions will be in keeping with the spirit and intent of the ordinance.
Associate Planner Gretz indicated overall, this application for a Variance is prompted and driven by
the following three physical site constraints which act to prevent placement of a garage in a typical
location: 1) a septic system to the south; 2) a water well to the north; and, 3) a pond behind, or to the
northwest, of the home. As a result, staff feels there is a demonstrated need, or hardship, that is site -
driven and quantifiable.
Associate Planner Gretz stated staff would recommend approval of the Variance, with the stipulation
that the garage be placed as far back from the street as is practical for the applicants. Diagrams
submitted by the applicant indicate the proposed garage to be setback from Wood Duck Trail 62 feet,
with approximately 24 feet between the garage and the well. Staff would then recommend approval
of the Variance with the following condition:
20
COUNCIL MINUTF{S' SEPTEMBER 23, 2002
1.) The proposed garage be placed no closer than 62 feet from Wood Duck Trail.
Mayor Bergeson asked why the removal of a shed is being recommended. Associate Planner Gretz
advised that only two accessory sheds are allowed so once the new building is constructed, there
would be a total of three.
Councilmember Dahl moved to adopt Resolution No. 02-116, Approving a Variance for Property
Located at 8065 Wood Duck Trail (Sullivan Property). Councilmember Reinert seconded the motion.
Motion carried unanimously.
Resolution No. 02-116 can be found in the City Clerk's office.
Consider Resolution No. 02-117, Approving a Variance and Minor Subdivision, 855 Ash
Street, (Lindahl property), Tanda Gretz — Associate Planner explained that agenda item 7D
is an application for a Minor Subdivision and Variance. The ap, can Donald Lindahl, who owns
11 acres at 855 Ash Street, which is zoned Rural.
Associate Planner Gretz indicated the minimum lot size
10 acres. The Lino Lakes City Code, however, under
constructed prior to July 13, 1992 to reduce their lot
balance of the property meets the 10 -acre minim
subdivision contains one one -acre lot and one
Associate Planner Gretz noted, however, t
size requirements, the proposed one-acr
for property in a Rural zone, having a
a Variance from the minimum lot
330' of width, although it is broke
homestead property.
t for a property in a Rural zone is
3, subdiv. 3.A.2.b.2, allows homes
to a minimum of one acre if the
rement. Mr. Lindahl's application for
, thus meeting the lot size requirements.
gh the two proposed lots meet the minimum lot
oes not meet the 330' minimum width requirement
st 155 feet. For this reason, Mr. Lindahl is asking for
nt of 330 feet. The 10 -acre parcel has the required
two segments on either side of the proposed one -acre
Associate Planner Gretz indica d the Certificate of Survey for the property indicates that both
proposed lots will meet the requ =d minimum upland area of 20%, although the upland for the
proposed 10 -acre parcel exists as separate "islands" of upland surrounded by wetland. Soils tests
confirm that there are soils on each of the proposed lots capable of supporting a septic system, with
room for both primary and secondary sites.
Associate Planner Gretz stated Councilmembers should be aware of an existing access drive on the
site. This drive exists for the neighboring property to the west, at 815 Ash Street. The 815 property
was created at the same time the Lindahl property was created. In 1997, a 58 -acre parcel was divided
into three parcels: one was the Lindahl property, one was the property at 815, and one was expansion
land for the Incarnation Cemetery. The access driveway across the Lindahl property was created
because there was no other way to access the created parcel at 815. The driveway is currently used
primarily by the residents of 815, as the Lindahls have their own access driveway. It should be
understood, however, that approval of the proposed 10 -acre lot will require use of this driveway by
21
COUNCIL MINUTES SEPTEMBER 23, 2002
the new owners; thus, the residents at 815 would no longer have exclusive access to it, but will share
it with the new owners of the proposed 10 -acre parcel. This may or may not pose a legal issue, as the
easement agreement covering the access drive states that the easement is "for the exclusive benefit of
Tracts B and C," which are the properties at 855 and 815, respectively. Further, the agreement states
that "no party may unreasonably increase the burden of the driveway and utility easement" and that
the easement can be amended only with the written consent of both parties.
Associate Planner Gretz stated it should also be noted that, as Ash Street is a County road, plans for
the Minor Subdivision have been forwarded to Anoka County for review. Anoka County has
requested dedicated right-of-way along Ash Street for use in the expansion/improvement of Ash
Street in the future. Mike Kelly, of the Anoka County Highway Department, is currently exploring
exactly how much right-of-way the County will require. A complicating issue may be the Incarnation
Cemetery, with existing grave sites which may lie within the right-of-way proposed by the County.
Although it is unclear at this point how much, if any, right -of- the County will require, it should
be noted that any right-of-way dedication would decrease the siz • th proposed lots, with the
result that neither of them would then meet the minimum lot siz = equi ent.
Associate Planner Gretz explained that overall, the propose
Variance from the minimum lot width requirements for
Zoning Ordinance directs that "in considering all req
action, the City shall make a Finding of Fact," base
Subdivision will require a
a Rural zone. The Lino Lakes
Variance, and in taking subsequent
llowing five points:
1.) That the property in question canna a reasonable use if used under conditions
allowed by the official controls.
2.) That the plight of the landown
and not created by the lando
3.) That the hardship is not d
for the property exists up
4.) That granting the Varia
that would be de
district.
5.) That the proposed actions will be in keeping with the spirit and intent of the Ordinance.
o physical circumstances unique to his property
mic considerations alone and when a reasonable use
of the Ordinance.
will not confer on the applicant any special privilege
nance to other lands, structures, or buildings in the same
Associate Planner Gretz stated that in reviewing the application, staff has found no hardship or site -
driven circumstances which would justify a Variance. Rather, the land simply does not meet the
minimum lot requirements for the new use the applicant has in mind. As a result, staff cannot
recommend approval of the proposed Minor Subdivision and Variance.
Mayor Bergeson inquired regarding the recommendation of the Planning and Zoning Board. Planning
Associate Gretz stated they recommended approval with conditions.
Don Lindahl, 855 Ash Street and applicant, stated the eleven acres lies nicely and meets all
requirements except 330 feet on the street. The Planning and Zoning Board looked at other ways to
shape the one acre or add to it. However, the Planning and Zoning Board went back to the original
proposal of leaving it at one acre because to lay the lot with 330 feet on the street, the property line
22
COUNCIL MINUTES SEPTEMBER 23, 2002
would cut through the old farmhouse. He noted that similar requests were approved last month and
last year. Mr. Lindahl stated because of those prior approvals, this application will not create a
precedence situation.
Mr. Lindahl noted there are currently grave sites in the right-of-way. He stated his son will be using
the lot for a future home so they are very flexible in the lot layout.
Councilmember Reinert asked if wetlands go all the way out to County Road J. Mr. Lindahl stated
that is correct.
Councilmember Reinert stated his impression that the requirement for road frontage allows for the
construction of a building and to provide access.
Mayor Bergeson stated in this situation, requiring the 330 foot
request to divide a one acre lot for a homestead, which is more s
Bergeson noted it is usually desirable to place the more narrow 1
there appears to be an inconsistency and it is possible that ma
regulations. However, it is now the current requirement.
Councilmember Reinert stated the point of requiring eq t is to provide access and use of the land.
In this situation, it splits off one acre for a home us
1 dimension does not apply to this
to an urban lot. Mayor
sion on the street. He stated
ged in a future zoning
Mr. Lindahl reviewed the surrounding land us
to the wetlands. He doubted there will ever
Community Development Director Gro
this subdivision is 155' x 281'. Mr.
Community Development Director
extends into that lot for Co
less than one acre. Commumi J'eve
nonconformity exists with the `. size.
e mostly open and will remain that way due
ilities extended into this area or further development.
ed it appears the one acre lot size proposed as part of
ed according to the surveyor that is one acre.
a noted there is an existing 33 feet of right-of-way that
you subtract that from the proposed lot size, it would be
pm -nt Director Grochala stated this means that a second
Mr. Lindahl stated that is the official legal dimensions of the lot.
Mayor Bergeson stated this original parcel was purposely designed to be eleven acres to conform with
the City's regulation and he does not think there was issue with the right-of-way at that point when
the previous subdivision was considered. He stated it was the assumption at that time that it would be
divided to a 10 and 1.
Councilmember Reinert stated if an exception was made then you would have to look at this as a
conforming property.
Community Development Director Grochala presented a diagram of the parcel and identified the
boundaries and proposed subdivision. He explained that Tract B, a one -acre lot, is 155' x which
23
COUNCIL MINUTES SEPTEMBER 23, 2002
is an acre. However, the survey indicates the existence of a 33 foot right-of-way for the street. If that •
is removed from the size of the lot, it is less than one acre in size.
Community Development Director Grochala stated in addition to the Associate Planner's comments,
additional right-of-way may be required by Anoka County which further supports staff's
recommendation to not approve. He suggested that it be determined whether that right-of-way exists
to assure that the newly created lot is not less than one acre in size.
Councilmember Dahl asked if the size of the right-of-way is taken from the Rural lots. City Attorney
Hawkins stated his opinion that it depends on the City ordinance and type of easement it is. At this
point, it is not known how County Road J was created. If created through use, there may not be a 33
foot easement. If it is a platted property, then the easement is not considered to be part of the lot. He
explained that generally it is not excluded if acquired by quit claim deed or road user.
Community Development Director Grochala stated he thinks in thi se the ordinance excludes the
right-of-way.
Mayor Bergeson noted this application went through the P1.ngnd Zoning Board twice and he
does not think staff raised this issue when it was under t '' c • • eration. He stated he is
uncomfortable with a new factor being raised at this the process and if it was of concern to
staff, it should have been raised at the Planning an• a 'ng • and level so they could take it into
consideration. He noted the staff recommendatio . <'d not include this factor.
Mayor Bergeson stated another concern is th- _ er two similar requests that were previously
approved. He suggested that a solution w fig , ake this lot larger to assure it is one acre in size.
Mr. Lindahl stated his deed states it i _ v eres.
Community Development Director
point but the survey can be
corners without the right -of -a;
a stated he does not know if it was identified prior to this
ding because it shows iron monuments are set at the
Councilmember Dahl stated she oncurs with Mayor Bergeson that the ordinance is confusing and
needs to be looked at. She noted new ordinances are coming up and asked if this ordinance will be
changed with regard to front footage.
Associate Planner Gretz stated that part of the proposed subdivision ordinance has not been
addressed. In this case, it is a rural lot and City Planner Smyser had suggested reducing it to 200 feet
but in this case the proposed lot would still not meet that requirement.
Councilmember O'Donnell asked if it is still uncertain whether the right-of-way exists. City Attorney
Hawkins stated his opinion that the applicant owns the property down to the quarter line but the
questions was raised that the lot area calculation does not include the dedicated right-of-way.
Mayor Bergeson asked if the north lot line can be moved to provide for one acre.
24
•
COUNCIL MINUTES SEPTEMBER 23, 2002
Associate Planner Gretz stated that issue was raised by the Planning and Zoning Board but with
eleven acres if you increase the size of this to one acre, it reduces the remaining portion to less than
ten acres.
Mr. Lindahl stated they would be happy to make it a 1.5 acre lot with the remaining parcel to be 9.5
acres. However, he wants to assure that a building permit would be allowed for a 9.5 acre lot.
Councilmember Dahl asked if a shared driveway arrangement would help. Mayor Bergeson stated
access is not an issue.
Mr. Lindahl stated Tract A (10 acres) has access from the street to the east without impacting the
other access.
Mayor Bergeson asked about the two previous approvals. Assoc
understanding that was a lot of record and not a created lot throu
variance was not needed.
lanner Gretz stated it was her
or subdivision. Thus, a
Community Development Director Grochala stated a mintz s ision was considered last month.
Associate Planner Gretz stated in that case there was el leeway to not be concerned about the
frontage dimension.
Councilmember Dahl requested a further explant . the parcel configuration and asked where the
ten acres is located. Mayor Bergeson review e survey.
Councilmember Dahl asked if there is a
neighbor.
Mr. Lindahl stated five years ago wh - x. urcliased this property, it was the concept to keep the old
farmstead on one acre. He ode sure he had eleven acres which satisfied the City's
regulation and it was purchas a bas s that it could be done. He noted that the issue being
raised tonight was not raised at e Planning and Zoning Board meeting or when the neighbor down
the street got approval for less t 330 feet of frontage.
Councilmember Reinert asked if in ten years they want to do something, would they be
nonconforming or if a decision could be grandfathered to a decision made tonight.
urchase the additional area needed from the other
Mayor Bergeson stated if this is approved, it creates two lots of record, whatever size they would be.
Councilmember Reinert asked if the 9.5 acre lot would have limited use and if the alternative is to
make the one acre lot a little less to assure the remaining parcel is 10 acres and can be used. He asked
if this is a work session item that needs more discussion after staff looks it over and provides all the
information. He stated he does not think this was properly prepared for Council decision since the
right-of-way is a surprise issue just raised tonight.
25
COUNCIL MINUTES ;- SEPTEMBER 23, 2002
Councilmember Carlson asked if the lots can be built on in the future should this be approved, as is,
with one lot being less than one acre with existing buildings and other lot being less than ten acres.
City Attorney Hawkins stated his opinion that a lot of less than one acre should not be approved since
it would be substandard.
Community Development Director Grochala stated the existing eleven acre lot without the split is in
conformance. He read the two criteria as contained in the Zoning Ordinance and stated he would
appreciate some time to review this language since it appears there are two conflicting standards
related to right-of-way.
Community Development Director Grochala suggested the Council delay action on this request so he
and the applicant can review this information and return with a recommendation.
Associate Planner Gretz noted the staff report from 1997 indicat ap
advised by staff that the 11 acres would not in all probability be
proximity of wetlands and driveway.
Councilmember Carlson asked why this discussion is
Planning and Zoning Board. She noted the applicant
could request a 10 and 1. She stated she is also co
previous approvals where the existence of right -o
Community Development Director Grochala
it is not staff's responsibility to lead the a
and subdivision ordinance and assure co
indicated on the survey.
licant, at that time, was
e subdivided due to the
at this point after review by the
faith thought he had eleven acres and
perhaps there has been more than two
as not considered.
ed d he just realized what the lot dimensions were and
ough this process. They are to review the zoning
He noted that the dimensions are confusing as
Mayor Bergeson suggested that actio
with the applicant. Then the
some other action.
led for a few minutes to allow staff to discuss the details
ermine if they want to table to a future meeting or take
The Council concurred with this uggestion.
Consider Resolution No. 02-127, Accepting Bids and Awarding Contract of Triplex Panel for
Lift Station #4, Jim Studenski — City Engineer Studenski advised that bids were opened on
September 12, 2002 for the construction and installation of a new tri-plex lift station panel. This
replacement of the panel on Lift Station #4 is to accommodate the increased flow due to expansion
within the City. He presented the results of the bid opening, noting the low bid was received from
SyCom, Inc. in the amount of $22,189. Funding for this project is the area -and -unit fund and the
substantial completion date for this project is December 15, 2002.
Councilmember Dahl moved to adopt Resolution No. 02-127, Accepting Bids and Awarding Contract
for Triplex Panel for Lift Station #4 to SyCom, Inc. in the amount of $22,189. Councilmember
O'Donnell seconded the motion.
26
•
COUNCIL MINUTES SEPTEMBER 23, 2002
Motion carried unanimously.
Resolution No. 02-127 can be found in the City Clerk's office.
Consider Resolution No. 02-129, Accepting Feasibility Report, Calling for a Public Hearing,
Elm Street Reconstruction, Jim Studenski — City Engineer Studenski explained that the draft
resolution accepts the feasibility report and calls for a public hearing for the Elm Street
Reconstruction project. He noted the limits of this one -mile project and advised that the deterioration
of this roadway has pushed this project to the forefront. He noted this is an MSA roadway which will
greatly subsidize funding. He advised that the estimated cost is approximately $2.49 million of which
$1.7 million will be funded from MSA, $150,000 from surface water management, about $15,000
from trunk area funds, with assessments making up the remaining $643,000.
City Engineer Studenski reviewed the project timetable and aske
feasibility report and call for a public hearing on October 28, 20
another neighborhood meeting and present the proposed asse
Council to receive the
vised that staff will hold
at meeting.
City Engineer Studenski reviewed dates to complete the s er and water which would be
assessed per City policy. He stated they would like to ontinue with the proposed schedule to meet
the construction timetable from May to August by ace the feasibility report tonight and ordering
the public hearing on October 28, 2002.
Councilmember Carlson asked if accepting eas report also results in accepting the
assessments. City Engineer Studenski ans ' e• '1 it does not.
Councilmember Carlson asked what wi
the need to meet MSA street widths
street width of 32 feet. He stated
meeting and public hearing
with traffic calming. City Engineer Studenski noted
d that it is being proposed to use the most narrow
ill also be presented at the next neighborhood
Mayor Bergeson requested ad.iona information be presented at the next Council work session.
Councilmember Dahl moved to adopt Resolution No. 02-129, Accepting Feasibility Report and
Calling for a Public Hearing, Elm Street Reconstruction Project. Councilmember Reinert seconded
the motion.
Motion carried unanimously.
Resolution No. 02-129 can be found in the City Clerk's office.
Consider Resolution No. 02-130, Accepting Feasibility Report, Calling for a Public Hearing,
62nd Street Reconstruction, Jim Studenski — City Engineer Studenski explained that this resolution
is similar to the previous resolution to accept a feasibility report and call for a public hearing for the
62nd Street Reconstruction Project. He reviewed the limits of the project and stated it is also an MSA
27
COUNCIL MINUTES SEPTEMBER 23, 2002
project which will be significantly funded. He noted there is a higher speed limit based on MSA
criteria and 62nd Street will be a 36 foot roadway.
City Engineer Studenski stated the project is estimated to be shy of $2.3 million and of that about $1.6
million will be funded through MSA funds, about $120,000 from surface water management, $26,000
from trunk area and unit funds, with the remaining $500,000 in assessments. He explained that the
majority of assessments are made up through the sanitary sewer and watermain. He stated this project
is being pushed due to deterioration of roadway and connection to West Shadow Lake Ponds.
City Engineer Studenski reviewed the timetable for spring construction and completion by the fall.
He recommended the Council accept the feasibility report and schedule the public hearing for October
28, 2002, which follows the projected timetable. He stated additional details will be presented at the
work session and public hearing.
Councilmember Carlson stated there was some discussion at the • ,>. session about a two -track
approach to assure the water and sewer work does not hold up t stre onstruction project. City
Engineer Studenski stated that is correct and at the public he g ill take into consideration
comments and then move forward with approval of the plan ;► d ' ecifications for the street and
storm sewer on both projects. The overall design will n• e ed per the sanitary sewer and
watermain and will allow them to follow with the 60- .,� ent period with enough time to
address any sanitary sewer or watermain issues and or ' ith the County and funding to meet the
2003 construction schedule.
Councilmember Reinert moved to adopt Res
Calling for a Public Hearing, 62nd Street
motion.
Motion carried unanimously.
Resolution No. 02-130 can
No. 02-130, Accepting Feasibility Report and
ion. Councilmember O'Donnell seconded the
ty Clerk's office.
Consider Resolution No. 02-1 7, Approving a Variance and a Minor Subdivision, 855 Ash
Street, (Lindahl property), Ta ' a Gretz — CONTINUED — Community Development Director
Grochala reported that staff and the applicant are still working on a resolution and the applicant has
requested that the matter be tabled to the next Council meeting.
Councilmember Dahl moved to table consideration of a Minor Subdivision and Variance for property
located at 855 Ash Street (Donald Lindahl property). Councilmember Reinert seconded the motion.
Motion carried unanimously.
Consider Resolution No. 02-82, Approving Site Plan Review and Conditional Use Permit for
Russian Baptist Church, north of Ash Street, and west of Baldwin Lake Road, Tanda Gretz —
Associate Planner Gretz explained that Agenda item 7E is a Site Plan Review and Conditional Use
Permit for Russian Baptist Church. The proposed church site is a 4.6 -acre site in the far southwestern
28
•
COUNCIL MINUTES SEPTEMBER 23, 2002
comer of the City, north of Ash Street and west of Baldwin Lake Road. The site is zoned Rural, and
since under City Ordinance any "Public, educational, or religious building" sited in a Rural zone
requires a Conditional Use Permit, a CUP is also being applied for.
Associate Planner Gretz noted the proposed site is unique in that it borders two other municipalities.
There is single-family residential to the west of the site, which is in Circle Pines along Indian Hills
Drive. There is also single-family residential to the south of the site, along Ash Street in Shoreview.
Properties to the east and north of the site, along Ash Street and Baldwin Lake Road in Lino Lakes,
are also residential in use, but zoned Rural. The northern half of the property is wooded, with a
wetland. According to submitted plans, this area is to remain largely undeveloped. The southern half
of the property is largely open grassland, and it is on this area that the Church will be sited.
Associate Planner Gretz indicated the plans show the proposed church building to consist of
approximately 15,000 sq. ft. of building space over three levels a basement, or lower level, would
contain areas for classrooms, fellowship, and kitchen facilities; gib- 'n, or ground level, would
contain the main sanctuary, or assembly, area; the second, or up would contain a parent/child
room and room for storage. In addition, plans show a 60' X the north side of the church
which is identified as an area for future expansion. Plans fo - e exterior of the building show a brick
facing, or apron, above which will be vinyl siding. The rs g f ih e covered with asphalt shingles.
All required setbacks are met.
Associate Planner Gretz advised that City sewer acid w r are not available for the site. Although the
site is located in a Phase 1 Growth Area, an ar i '';~ limed as possibly having City services available
by the year 2010, there are no immediate plservice this area, according to City Engineer Jim
Studenski. Connections are now approxi &,, 0 feet away. Plans initially submitted by the
applicant indicate a well and septic syst s`_ to s ice the site, and information submitted indicates the
site capable of handling such system proposed building will have to have a fire
suppression sprinkler system instal have access to City water; this will require design
and installation of a holding tank cap delivering water in quantities and at a pressure adequate
for fire suppression needs.. di the applicant to submit design specifications for such a
fire suppression system, since = ionality of the site is completely dependent on the viability of
such a system, and the applican as done so.
Associate Planner Gretz explained that in response to further questions and concerns over the
proposed use of a well and septic system, City Engineer Jim Studenski investigated the possibility of
providing sanitary sewer and water to the site via the City of Circle Pines. Such connections are
available 350 feet west and approximately 125 feet north of the site, on Indian Hills Drive in Circle
Pines. The estimated cost of connecting is $55,000. In addition, such a connection would involve a
joint powers act between the City of Circle Pines and the City of Lino Lakes. After the Planning and
Zoning Board meeting in July, staff had told the applicant that they would explore utility availability
through Circle Pines, in hopes of being able to offer City services to the site rather than using a well
and septic system. Although all avenues have not yet been explored, according to Community
Development Director Mike Grochala the provision of utilities via Circle Pines appears to be
problematic due to right-of-way issues, MUSA expansion, and location of existing private utility
services. As a result, staff has concluded that the applicant should probably plan on pursuing their
29
COUNCIL MINUTES SEPTEMBER 23, 2002
initial plans of using a well and septic system for the site, which would also necessitate provision of a
tank system for fire suppression purposes.
Associate Planner Gretz noted that access to the site is off Ash Street, a County road. As such, plans
have been forwarded to the Anoka County Highway Department. The County has offered a number
of comments, which have been incorporated into the conditions. Chief among the comments offered
was a dedication of 100 feet of right-of-way and right -of -access along Ash Street. In addition, Anoka
County had verbally indicated to City Engineer Studenski that a right turn lane should be striped onto
the shoulder of Ash Street to facilitate access onto the site.
In terms of parking requirements, based on building occupancy figures, Associate Planner Gretz
advised that 90 parking stalls are required, with 99 stalls to be actually constructed. These stalls will
be divided between two parking areas, with entry/exit onto Ash Street via a 24 foot wide driveway
entrance.
Associate Planner Gretz stated lighting for the site appears adeq te. s have been submitted
which show shoebox style, no -spill lighting fixtures. The pplan shows candle readings
within those set by City Ordinance. At the Planning and Zo g Beard meeting, residents to the west
of the site expressed concerns over glare, but shoebox/n• i 'e lighting is designed to eliminate
such problems for neighboring uses, as light is direct ward and is recessed, and so shielded.
Residents also inquired about alternate manageme • the ting, requesting that it be turned off or
dimmed when the church is not in use. Police argeneral, supportive of such practices,
advising lighting to be on from dusk to dawn t• • e. However, they leave such issues to the
discretion of the occupant/owners to a large 4dee. At a minimum, Lino Lakes' police officer Mike
Rumpsa advises that several poles should ='n during the night and that the front and all
entrances/exits of the building be lit.
Associate Planner Gretz indicated dsc ng . rs or screening is of importance, since the site is
surrounded by residential uses, an• dinance specifically directs "adequate screening from
abutting residential uses" in s of ' ' a fence or green belt planting strip. At the Planning
and Zoning Board meeting, r n s,i '• the west of the site had expressed a clear desire to have
landscaping and/or berming in ace of the proposed fence. Such a change appears workable to both
the applicant and staff, and the 1 dscape plan has been reworked to reflect such changes.
Associate Planner Gretz noted the Environmental Board, in reviewing the submitted landscape plan,
has recommended some alternate tree choices and sites. In addition, the Board has also recommended
that a tree inventory and preservation plan be submitted for the site. These recommendations are
summarized in a memo from Environmental Specialist Asleson, which has been provided for Council
review.
Associate Planner Gretz indicated that grading and drainage issues have been resolved to the
satisfaction of City Engineer Studenski. In general, storm water runoff will flow east and north across
the parking areas, and then into a series of two infiltration ponds located on the northeastern part of
the site. In addition, there will be an infiltration pond abutting Ash Street to the south of the main
30
•
COUNCIL MINUTES SEPTEMBER 23, 2002
parking area. Runoff rates from the property will not increase: post -construction rates will match pre -
construction rates. Rice Creek Watershed has issued a TWAFAA for the project.
Associate Planner Gretz explained that overall, the submitted plans appear to adequately address site
issues. Staff would recommend approval of the Site Plan Review and Conditional Use Permit with
the following conditions:
1.) Any future expansion of the church shall require Site Plan Review and a Conditional Use Permit
Amendment.
2.) Incorporate suggestions made by Jane Pemble of the Anoka County Highway Department, in her
letter dated August 30, 2002:
• Dedication of 50 feet of right-of-way on Ash Street to Anoka County, along with right -of -
access
• Realignment of the access driveway so that is aligns wi
• Entrance width should be 24 feet wide and include a 6"
requirements
• The proposed landscape plantings should be remove;
• The proposed infiltration pond adjacent to Ash S
right-of-way
• A permit must be pulled with Anoka County f
• A right -turn lane should be striped onto th
hand turns
3.) Driveway access shall be exclusive to the
east.
4.) A performance agreement shall be pr
Councilmember Carlson read the rec
had been addressed. Associate P1
parking lot had been increa
e eastern edge of the parking lot
r State Aid Highway
t triangles
be removed from the County
ork to be done in the right-of-way
ng shoulder of Ash Street, to facilitate right -
all not be shared with the property to the
luding financial securities.
ons from the Environmental Board and asked if they
ed she does not know if infiltration around the
but the : will be moved from the infiltration areas.
Councilmember Carlson note e p king requirements and that the information also indicates that
some areas are not expected to sed by adults concurrently with the general assembly hall. She
noted only five additional parkin stalls are being allowed.
Associate Planner Gretz stated there will be some areas in the back but only 99 parking stalls will be
constructed. She stated the applicant felt counting the seats of the assembly hall would provide
adequate parking stalls.
Councilmember O'Donnell noted conditions are not included to address public utilities.
Community Development Director Grochala explained that no conditions of approval related to
public utilities from the Planning and Zoning Board but that will be evaluated further. The closest
service is in Circle Pines but they have indicated that would be problematic. He commented on the
potential for right-of-way acquisition, permit from Anoka County to place utilities in the right-of-way,
and question of need to acquire additional right-of-way. Community Development Director Grochala
31
COUNCIL MINUTES SEPTEMBER 23, 2002
explained that Circle Pines has indicated if they extend sewer and water, they also want to serve it
with their gas service, and would need to extend MUSA.
Community Development Director Grochala reviewed the number of issues that would make
extension of utilities from Circle Pines problematic. He stated that the site will accommodate the on-
site well and septic but if the applicant decides to pursue connection from Circle Pines, staff can
conduct further research.
Len Lampert, architect, stated they plan to start construction in the spring but it appears to be doubtful
that the engineering feats to provide utilities can be accomplished by then. He stated it is acceptable
with the applicant to go with the on-site septic and well systems. He stated they are comfortable they
can satisfy the City's requirements to go with their own sewer system, water well, and water reservoir
for fire suppression.
Councilmember Carlson asked where the utilities would come fr = ommunity Development
Director Grochala used a map to note the location of Baldwin L A• ion and alignment of
utilities to serve this site.
Councilmember Carlson stated it appears this site is set in" er by Circle Pines and once the
on-site system has aged and services are available in a, they could then connect.
Councilmember Reinert suggested that eastboun
down and impact traffic. Associate Planner Gr
submitted to Anoka County and they did not
Councilmember Reinert stated the prop
into the residential properties. Assoc
elevated from properties on either
the pole height so they could be lowe
n County Road J and left turns could slow
a traffic study was not done but plans were
any issues about turn lanes or striping.
ated at a higher point so lighting will travel farther
r Gretz explained that the site is not hilly or much
the City is not limited by Building Codes related to
, this lighting will be recessed to reduce light spill.
Mayor Bergeson noted this w p o similar size to the Covenant Church in that area which has not
raised traffic concerns. He reviwed the staff recommendation to approve with conditions.
Councilmember Dahl moved to adopt Resolution No. 02-82, Approving Site Plan Review and
Conditional Use Permit for Russian Baptist Church located north of Ash Street and west of Baldwin
Lake Road. Councilmember Carlson seconded the motion.
Motion carried unanimously.
Resolution No. 02-82 can be found in the City Clerk's office.
Spirit Hills Commercial Development, Michael Grochala
1. Consider First Reading of Ordinance No. 08-02 Rezoning to GB/PDO
2. Consideration of Resolution No. 02-88 Approving Site and Building Plans
32
COUNCIL MINUTES SEPTEMBER 23, 2002
These items were considered earlier in the meeting.
Consider Resolution No. 02-122, Accepting Drainage and Utility Easements, Lots 3-6, Lakes
Addition #2, Jeff Smyser - Community Development Director Grochala reviewed that Lakes
Addition #2 was platted in the 1980s. Subsequently, there was some legal activity regarding the
buildability of some of the lots in Lakes Addition #2 and Lakes Addition #3. In the end, among other
things, a separate drainage and utility easement covering portions of several lots was to be dedicated
to the City. This was to cover a wet area. However, this easement was never recorded. The City has
received a new easement grant document from the current owner, who has requested that the City
accept the easement to clear up the issue. Staff recommends the City accept this easement so it can be
recorded.
Community Development Director Grochala noted that as indicated on the attachments to Resolution
No. 02-122, the drainage and utility easement covers the eastertions of Lots 3-6. The resolution
states that the City Council accepts these easements. Once the re 1ut on is approved, the title
company will send the original deed for City signatures.
Councilmember Reinert moved to adopt Resolution No. 02- 2, Accepting Drainage and Utility
Easements, Lots 3-6, Lakes Addition No. 2. Councilmerri:erg seconded the motion.
Motion carried unanimously.
Resolution No. 02-122 can be found in the Ci 's ffice.
Consider Resolution No. 02-127, Accept nd Awarding Contract of Triplex Panel for
Lift Station #4, Jim Studenski — This p m onsidered earlier in the meeting.
Consider Resolution No. 02-129, ° ° i ibility Report, Calling for a Public Hearing,
Elm Street Reconstruction, Jim 'Rens i — is item was considered earlier in the meeting.
Consider Resolution No. 0 ` pt Feasibility Report, Calling for a Public Hearing,
62"d Street Reconstruction, Studenski — This item was considered earlier in the meeting.
Consider Resolutions No. 02-1 1, 02-132, 02-133, 02-134, 02-135, 02-136, Declaring Costs to be
Assessed and Order Preparation of Proposed Assessments, Jim Studenski — City Engineer
Studenski reported that four projects have progressed to the point where assessment rolls can be
prepared. Costs for each improvement have been calculated and resolutions prepared ordering the
preparation of the assessment roll. He noted developer projects to be assessed are for West Shadow
Ponds, Royal Pines, Clearwater Creek 5th Addition, and Lake Drive/Apollo Drive improvements.
City Engineer Studenski advised that several property owners who connected to City utilities this past
year have requested the assessments be collected with their taxes.
Councilmember Reinert moved to adopt Resolution No. 02-131, Declaring Costs to be Assessed and
Order Preparation of Proposed Assessments, West Shadow Ponds. Councilmember Dahl seconded
the motion.
33
COUNCIL MINUTES SEPTEMBER 23, 2002
Motion carried unanimously.
Resolution No. 02-131 can be found in the City Clerk's office.
Councilmember O'Donnell moved to adopt Resolution No. 02-132 Declaring Costs to be Assessed
and Order Preparation of Proposed Assessments, Royal Pines. Councilmember Carlson seconded the
motion.
Motion carried unanimously.
Resolution No. 02-132 can be found in the City Clerk's office.
Councilmember Dahl moved to adopt Resolution No. 02-133 Declaring Costs to be Assessed and
Order Preparation of Proposed Assessments, Clearwater Creek Addition. Councilmember
O'Donnell seconded the motion.
Motion carried unanimously.
Resolution No. 02-133 can be found in the City Clerk's g
Councilmember Reinert moved to adopt Resolution
Order Preparation of Proposed Assessments, Lak
Councilmember Dahl seconded the motion.
Motion carried unanimously.
4 Declaring Costs to be Assessed and
Apollo Drive Improvements.
Resolution No. 02-134 can be found in lerk's office.
Councilmember O'Donnell moved
and Order Preparation of Prosed
Connection to City Utilities.
ution No. 02-135 Declaring Costs to be Assessed
ents for the Individual Properties which Requested
r Reinert seconded the motion.
Motion carried unanimously.
Resolution No. 02-135 can be found in the City Clerk's office.
Councilmember Reinert moved to adopt Resolution No. 02-136 Declaring Costs to be Assessed and
Order Preparation of Proposed Assessments for the Individual Properties which Requested
Connection to City Utilities. Councilmember Dahl seconded the motion.
Councilmember Carlson noted Resolution No. 02-135 is at 8% a year but the others are at 7%.
Community Development Director Grochala stated the one at 8% is for Raske Building Systems in
the Apollo Building Park and all assessments for that district were set at 8% for ten years.
Motion carried unanimously.
34
COUNCIL MINUTES SEPTEMBER 23, 2002
Resolution No. 02-136 can be found in the City Clerk's office.
Consider Resolution Nos. 02-137, 02-138, 02-139, 02-140, 02-141, Setting Public Hearing for
proposed Assessments, Jim Studenski — City Engineer Studenski explained the draft resolution set
the date for the public hearings for Monday, October 28, 2002 on the assessments for the projects as
follows: West Shadow Ponds, Royal Pines, Clearwater Creek 5th Addition, and Lake Drive/Apollo
Drive Improvements.
City Attorney Hawkins stated his opinion that the resolutions can be considered under one motion as
long as there is no objection.
No objections were voiced.
Councilmember Dahl moved to adopt Resolution Nos. 02-137, -138, 02-139, 02-140, and 02-141,
Setting Public Hearing for Proposed Assessments. Councilmember einert seconded the motion.
Motion carried unanimously.
Resolution Nos. 02-137, 02-138, 02-139, 02-140, and 02=4
Consider Resolution No. 02-107 Authorizing Pre
Lane Utility Improvements
Councilmember Reinert moved to table cons'
Preparation of Plans and Specifications,
Councilmember Dahl seconded the mot
Motion carried unanimously.
UNFINISHED BUSINES
There was no unfinished busin ,.s to consider.
NEW BUSINESS
Approval of Meeting Minutes:
September 4, 2002 Council Work Session
September 9, 2002 City Council Meeting
Councilmember Dahl stated she would like additional time to review the September 9, 2002 meeting
minutes.
found in the City Clerk's office.
of Plans and Specifications, Marshan
ation of Resolution No. 02-197 Authorizing
e Utility Improvements, to a future date.
35
COUNCIL MINUTES SEPTEMBER 23, 2002
Councilmember Dahl moved to table consideration of the September 9, 2002 City Council Meeting
Minutes. Councilmember Reinert seconded the motion.
Motion carried unanimously.
Councilmember Dahl moved to approve the September 4, 2002 City Council Work Session Minutes,
as presented. Councilmember Reinert seconded the motion.
Motion carried unanimously.
COMMUNITY CALENDAR SEPTEMBER 24, 2002 THROUGH OCTOBER 14, 2002:
CANCELED — Wednesday, September 25, 2002, 6:30 p.m., Environmental Board Meeting
Wednesday, October 2, 2002, 6:00 p.m., Community Room, 1 Council Work Session on
Growth Management Measures
Saturday, October 5, 2002, 9:00 a.m. to 3:00 p.m., Fall a" g Day
Monday, October 7, 2002, 6:30 p.m., Park Boar
Wednesday, October 9, 2002, 5:30 p.m., Coy c ° Session
Wednesday,October 9, 2002, 6:30 .m. & Zoning Board Meeting
Thursday, October 10, 2002, 7:00
Thursday, October 10, 2002, 7:00 harter Commission Meeting
Monday,October 14, 2002,
� . City Council Meeting,
ADJOURN
There being no further business, Councilmember O'Donnell moved to adjourn at 11:14 p.m.
Councilmember Reinert seconded the motion.
Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, October 14, 2002.
(Li pc
Ann Blair, City Clerk
v
36
Jo Berge n, M yor
COUNCIL MINUTES SEPTEMBER 23, 2002
Transcribed by:
Carla Wirth
TimeSaver Off Site Secretarial, Inc.
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