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HomeMy WebLinkAbout08/25/2003 Council MinutesAPPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : August 25, 2003 6 TIME STARTED : 6:37 P.M. 7 TIME ENDED : 9:12 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Linda Waite Smith; Community Development Director, 13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; City Attorney, Bill 14 Hawkins; Police Chief, Dave Pecchia (part); TKDA Consultant, Jim Jacques (part); Economic 15 Development Assistant Mary Alice Divine (part); and City Clerk, Ann Blair. 16 17 SETTING THE AGENDA 18 19 Mayor Bergeson noted item 7E should be removed from the agenda, as the applicant has withdrawn 20 the request. 21 22 The agenda was accepted as amended. 23 24 CONSENT AGENDA • 25 26 Councilmember Carlson moved to approve the Consent Agenda as submitted. Councilmember Dahl 27 seconded the motion. 28 29 Motion carried unanimously. 30 31 ITEM ACTION 32 33 A. CONSIDERATION OF EXPENDITURES: 34 35 i) August 25, 2003 (Check No. 68870 - 36 68987, $417,698.23). Approved 37 38 ii) Centennial Fire District (Check No. 13906 - 39 13930, $7,208.44) Approved 40 41 B. CONSIDERATION OF APPROVAL OF 42 BLOCK PARTY APPLICATION FOR PINERIDGE Approved 43 44 OPEN MIKE 45 46 Mr. Lyle Bye, 775 Vicky Lane, indicated he was present to give feedback on the Miller's on Main 47 party that occurred the weekend of August 17. He stated he came back from vacation after a long • 48 drive, looking forward to sleeping in his own bed, only to find out this was going on, and was going COUNCIL MINUTES AUGUST 25, 2003 APPROVED 49 to be taking place on Saturday as well. He noted it continued on Sunday afternoon, although it was • 50 his opinion that the police officers he spoke with did not know it would be. He is very unhappy with 51 the party and the loud noise and the fact that it disturbed his peace all weekend. He talked to his 52 neighbors about it, and many of them indicated they would call someone on the City Council also. 53 He indicated he would be very unhappy if this was approved again. 54 55 FINANCE DEPARTMENT REPORT, AL ROLEK 56 57 There was no report presented. 58 59 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 60 61 A. Consideration of Resolution 03-130 Appointing Acting City Administrator 62 63 City Administrator Linda Waite Smith advised she would be leaving her role as City Administrator, 64 and summarized her staff report concerning appointing Dan Tesch as an interim replacement. 65 66 Councilmember Dahl asked if Mr. Tesch would be keeping his current duties as well, or if someone 67 would be helping him so he is not inundated during this period of time. City Administrator Waite 68 Smith indicated everyone is very good about pitching in to help, but some things may take longer. 69 She does believe Mr. Tesch will assign some of his regular duties to someone else. 70 71 Councilmember Reinert moved to adopt Resolution #03-130 appointing Dan Tesch as Acting City 72 Administrator and increasing his salary by ten percent during the period he serves as Acting City i73 Administrator. Councilmember Carlson seconded the motion. 74 75 Motion carried unanimously. 76 77 Resolution No. 03-130 can be found in the City Clerk's office. 78 79 B. Consideration of Resolution #03-131 Establishing Process for Replacing City 80 Administrator 81 82 City Administrator Linda Waite Smith summarized her report, outlining the process that would be 83 used. 84 85 Councilmember Carlson noted some of the steps have already been completed. City Administrator 86 Waite Smith agreed, indicating Steps 1 through 3 have been completed, and they have been in touch 87 with several people concerning candidates, which is Step 4. She noted they have also contacted a 88 firm to have professional assessments completed on candidates. 89 90 Councilmember Carlson asked how City Administrator Waite Smith would be compensated for 91 coming back to help with the issues discussed. City Administrator Waite Smith indicated she was not 92 expecting she would be compensated. She stated she told the City of Jordan during her negotiations 93 there were a few things she needed to finish up, and Lino Lakes agreed to release her from her 94 contract two weeks early with the condition she came back to help with the replacement process. 95 2 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 96 Councilmember Dahl noted all of the steps say Staff. She questioned if only City Administrator . 97 Waite Smith and Director of Administration Tesch would be involved. City Administrator Waite 98 Smith indicated for reviewing the applications it would only be the two of them. 99 100 Councilmember Dahl asked if at some point others were involved. City Administrator Waite Smith 101 indicated there would be a point when candidates would interview with the City Council and the City 102 Management Team. At that time those involved would receive the applications to prepare for the 103 interview process. 104 105 Councilmember O'Donnell moved to adopt Resolution #03-131 establishing the process for replacing 106 the City Administrator. Councilmember Dahl seconded the motion. 107 108 Motion carried unanimously. 109 110 Resolution No. 03-131 can be found in the City Clerk's office. 111 112 C. Consideration of making a Conditional Offer of Employment for Part -Time Utility 113 Billing Clerk 114 115 City Administrator Waite Smith summarized the Staff report, noting that they are still doing the 116 background check for Mary Burnside, so the offer would be contingent on successful completion of 117 that check. She advised the salary comes from the Utility Fund, not the General Fund. 118 119 Councilmember Carlson moved to make a conditional offer of employment to Mary Burnside, `120 contingent on successful completion of background checks. Councilmember Dahl seconded the 121 motion. 122 123 Motion carried unanimously. 124 125 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 126 127 A. Consideration of Resolution No. 03-132, Safe and Sober Grant 128 129 Police Chief Dave Pecchia presented the staff report, indicating it is Staff s recommendation the 130 Resolution be approved. 131 132 Councilmember Dahl moved to adopt Resolution No. 03-132 approving participation in the Safe and 133 Sober grant agreement. Councilmember Reinert seconded the motion. 134 135 Motion carried unanimously. 136 137 Resolution No. 03-132 can be found in the City Clerk's office. 138 139 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 140 141 There was no report presented. •142 3 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 143 COMMUNITY DEVELOPMENT DEPARTMENT REPORT •144 145 A. Haley Manor Residential Subdivision, Jeff Smyser 146 147 i. Consideration of Resolution No., 03-119, Amending the 2001 Comprehensive 148 Plan 149 ii. Consider First Reading of Ordinance 16-03, Rezoning Property from R -Rural to 150 R-1, Single Family Residential 151 ill. Consideration of Resolution No. 03-120, Approving Preliminary Plat and 152 Variance for Lot Depth 153 154 Mayor Bergeson noted that at the work session the engineering staff was directed to check on 155 elevation and feasibility of certain utilities. He indicated he would like a report on that as well. 156 157 City Planner Smyser gave a brief history on this application and summarized the Staff report. 158 159 City Engineer Studenski indicated the City Council directed staff to look at how much of the Mar 160 Don area could be serviced. He demonstrated on the map which properties are part of the Haley 161 Manor proposal, which parcels have petitioned to have sewer and water and which parcels have not 162 responded or are not interested in City utilities. Community Development Director Grochala 163 interjected that Lot 2 is interested in sewer and water. 164 165 City Engineer Studenski showed the elevation of the road and the depth of the sewer pipe, noting that 166 coincidentally the pipe would come out of the ground precisely at the west end of Lois Lane. He ip67 advised that the first four to five lots could be serviced by a gravity line, with Lots 2 and 3 being 168 questionable, and the furthest two lots not accessible. He explained that there is potential that through 169 a low service line they could service these lots, but through a gravity line they could not, and they 170 would have to take extra steps to insulate the pipe toward the west. He indicated new homes could be 171 put at a higher elevation, but existing homes would be an issue. 172 173 Mayor Bergeson asked about the technology used in Twilight Acres. City Engineer Studenski 174 advised that on a previous project the pipe went in at a four to five foot depth, and each home was 175 equipped with a grinder pump and forced main at an additional cost over the gravity line, which the 176 City typically uses. 177 178 Councilmember O'Donnell asked what alternatives they have for servicing the area for all the 179 properties. City Engineer Studenski indicated they would need to install a lift station. 180 Councilmember O'Donnell asked if that would be feasible for this number of homes. City Engineer 181 Studenski advised they would need to get into a cost sharing situation, and would be able to service a 182 much larger area. He indicated for only these five to eight properties it would be a very expensive 183 alternative. 184 185 City Planner Smyser continued to review the proposal and Staff report, noting there is a failing 186 system on one of the properties involved, and there has been one septic system replacement on a 187 property in the area, but not part of the proposal. He indicated they would be able to provide utilities 188 to some homes on the street, as the City Engineer reviewed, but not all of them at this point. He 189 indicated the other properties would have to plat and go through the same process, and they would be •190 able to address the utilities at that time. He indicated Staff is recommending approval. 4 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 191 •192 Councilmember O'Donnell stated his biggest concern is doing this piecemeal. He stated he would be 193 more comfortable approving the plan for this area if he knew how the sewer solution for Haley Manor 194 would work for the rest, and knew when they went to the Metropolitan Council they would be going 195 for all of the area. 196 197 City Planner Smyser indicated there is an alternative. They could send in the Comprehensive Plan 198 Amendment for the entire area, including all the parcels that front on Lois Lane rather than just the 199 few involved in Haley Manor. This would allow Haley Manor to be platted and utilities to go that 200 far, and the City would have alternatives to bring utilities further and subdivide the other parcels at a 201 later time. They could change Resolution 03-119 to include the entire area. He indicated the 202 resolution says once they get the MUSA reserve they would not allocate it until a plat comes in, so 203 they would know how the sanitary sewer would be provided, as well as storm water drainage. This 204 would give them the opportunity to do something with the remainder of the area in the future but not 205 lock the City into anything until a plan is proposed. He indicated they have an alternative resolution 206 prepared which includes all of Mar Don Acres with frontage on Lois Lane, listing by Lot and Block, 207 which specifies MUSA reserve will only be allocated with plat approval. He stated this would move 208 the current application along, and would get sanitary sewer there, and give them options to deal with 209 sanitary sewer for the other properties. 210 211 Councilmember O'Donnell asked if the alternative recommendation is to do the Comprehensive Plan 212 Amendment for the entire area and re -zone the area. City Planner Smyser indicated they would only 213 re -zone at plat approval. 214 •215 Councilmember O'Donnell asked if there would be any changes to the taxes for those included in the 216 Comprehensive Plan Amendment that are not part of the Haley Manor proposal. City Planner Smyser 217 stated there would not be any change. 218 219 Councilmember O'Donnell asked if a lift station would be needed to serve the remaining lots, and 220 they are removing several lots from the project area if they approve, would that not increase the cost 221 further to the remaining lots. 222 223 Community Development Director Grochala indicated when talking about the lift station, the 224 question is what area the City is trying to service. He stated if they are only looking at servicing this 225 area they could look at grinder pumps. City Engineer Studenski indicated they could go a couple of 226 lots to the west using a gravity line and grinder pump, but he does not think they could service all 227 those that petitioned. He indicated if they are looking at a lift station they would be looking at 228 servicing a much larger area and would have to look at what they see for growth in the surrounding 229 area. 230 231 City Planner Smyser clarified the grinder pump is an individual pump on an individual house, but the 232 lift station would service a much bigger area. Councilmember O'Donnell indicated every house that 233 is taken away would increase the cost to other houses. He would like to have an answer now on what 234 they would do for all of the homes, not just these few involved in the proposal. 235 236 Community Development Director Grochala stated the larger question is if the Council believes the 0237 entire Mar Don Acres area will be sewered, since it is not designated as sewered now. They have the 5 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 238 capability of extending the gravity pipes, but it would require a policy change to say that will be a •239 sewered area. 240 241 Councilmember Reinert expressed his appreciation for the alternative resolution, as that is the 242 approach he would like to take, however he indicated they first have to decide on the plat, and then 243 they can decide where to go from there. He stated they could not answer all the questions on lift 244 stations or grinder pumps and keep this on hold. 245 246 City Planner Smyser stated the lift station would address hundreds of homes, but right now that area 247 is not designated for sewer. It would require a much bigger study. 248 249 Councilmember Reinert commented that the lift station is not a solution in the near future, then, due 250 to the expense and the lack of development. He stated what they are really looking at is taking sewer 251 as far as they can with grinder pumps and acknowledging they cannot accommodate all those who 252 would like to come on-line with City utilities. 253 254 Councilmember Dahl asked how far they would have gone down the street with the original 255 resolution. City Planner Smyser demonstrated the Haley Manor proposal area on the site map. 256 Councilmember Dahl asked how far they would bring the sanitary sewer with the second resolution 257 proposed. City Planner Smyser stated they would ask for the entire area so they could go further and 258 could possibly develop the area, but they do not have specific plans yet. Councilmember Dahl asked 259 if it would not be easier and cheaper to go as far as they can on the road and not tear it up again. City 260 Planner Smyser stated as far as the road was concerned it would be, but for the sewer they do not 261 know that yet. He noted the other parcel owners opted out of the proposed plat. iv62 263 Councilmember Dahl indicated they were therefore going to ask the Metropolitan Council for the 264 MUSA but they do not have requests yet so they cannot go any further. City Planner Smyser 265 indicated they sort of have requests, but do not have plats. 266 267 Councilmember Carlson indicated that concerning a lift station, at the Planning and Zoning meeting 268 there were people from Country Lane who attended, and she heard they were going to be starting a 269 petition, so the requests are coming. She indicated on page four of the report where it mentions the 270 Elm Street Project, she knows they were quite far in the project before they knew that portions of the 271 area were not within the MUSA line. She asked if the Bruggeman Project should not be on the 272 Lots/Units table, since the Planning and Zoning Board approved it. City Planner Smyser indicated he 273 is only showing what has come before the City Council, not those that have only made it to the 274 Planning and Zoning Board or those that have recently applied. He would be nervous if they were to 275 start putting projects on that are coming up in a month or two and have it potentially sway an 276 approval or denial because someone likes one project better than another. 277 278 Councilmember Carlson noted in the Comprehensive Plan it says taxes in future MUSA areas would 279 be higher than non-MUSA areas that are developed. She asked if the plan was incorrect. City 280 Planner Smyser stated it is incorrect. He indicated they had a meeting with the County Assessor and 281 were told until the property is rezoned taxes do not change. 282 283 Mayor Bergeson noted both Sherwood Green and Mar Don Acres have relatively large lots, and if 284 history means anything, when they have had inquiries on city sewer and water on larger lots owners 285 often change their mind after the feasibility study is done because the assessment is significant due to 6 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 286 the lot size. He stated that while they may have had inquiries, it does not necessarily mean anything ,287 will come of it. 288 289 Chad Borsheim, 554 Lois Lane stated he is totally against the sewer and water going through. He 290 indicated two years ago he had to put in a mound system, and the City told him at that time no sewer 291 and water were proposed for this area. He would have to absorb $23,000 in costs for his neighbors to 292 be able to make money. 293 294 Community Development Director Grochala indicated with Haley Manor there are no proposed 295 assessments; they are all developer paid utilities. If the City were to go further and service those who 296 petitioned, there is still a process that would be followed. 297 298 Mr. Borsheim asked if he sold his house, would the buyer have to hook up to the city utilities. 299 Community Development Director Grochala indicated they do not have point of sale requirements. 300 He stated if the system failed, they would be required to hook up. Mayor Bergeson stated it also 301 depends on terms of the sale; a mortgage company may require the hook up also. Mr. Borsheim 302 indicated he would have a hard time selling his home, and it will not be worth as much if everyone 303 around him is on city utilities and his home is not. 304 305 Councilmember Carlson asked what would happen to the cost of the assessment if it was not done 306 now, but hook up occurred five years down the line. Community Development Director Grochala 307 stated there would be a uniform rate applied as in other properties where a subdivision caused utilities 308 to be brought by existing homes. He indicated typically on lots where it cannot be further subdivided 309 they get charged a standard R-1 rate, no matter what the size of the lot. up10 311 Donna Flanagan, Lot 3, indicated she heard they would not be able to hook up because the elevation 312 is too low. City Engineer Studenski explained that typically a gravity line is run from the home to the 313 street. They would not be able to use a gravity line in this case. He indicated the grinder pump that 314 would be needed would be an additional $2500 to $3500 per home. 315 316 Mayor Bergeson asked if a grinder pump could serve several homes. City Engineer Studenski 317 indicated they would require one per lot. They would not want cost sharing between homes, since 318 there could be maintenance costs involved that would be difficult to administer over more than one 319 home. 320 321 Louise Fortuna, 523 Lois Lane stated she is Lot 2. She is hearing that even a grinder pump may not 322 suffice for her lot. City Engineer Studenski indicated that is correct. He stated the sewer line would 323 be so shallow they are not sure if it would work. Ms. Fortuna indicated 21 years ago they built their 324 home, and purposely built it on one side so eventually they could subdivide. They have been told 325 they have to pay for a plat, but they do not even know if they can get sewer there so they could 326 subdivide. 327 328 Mayor Bergeson asked if there are currently stubs on Arlo Lane. City Engineer Studenski indicated 329 there are stubs to halfway through Lot 2. Mayor Bergeson asked if Lot 2 would be able to subdivide 330 into three lots. Community Development Director Grochala stated they would be getting down to a 331 half acre, and with an on-site system and allowing for a potential replacement it becomes very 332 difficult to subdivide. •33 7 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 334 Mayor Bergeson asked if they had any deadlines approaching, since they have already delayed once. •335 City Planner Smyser indicated they do not have an immediate deadline, but winter is going to come, 336 and to get the amendment through the Metropolitan Council and get this into the 2003 building 337 season, they need to move forward. 338 339 Mayor Bergeson asked if they were to approve this, would it be Staff's intention to request MUSA for 340 the entire area. City Planner Smyser stated he thinks it would be the best way to proceed. He 341 reiterated it does not approve anything, but it does not shut the door on it either and it would be 342 Staffs recommendation. 343 344 Councilmember Reinert asked if they approve Resolution 03-140, would it give Lot 15 access to 345 sewer and water. City Planner Smyser indicated the action tonight would not give it to anyone 346 because they are not dealing with utilities tonight, but it would make it possible. 347 348 Councilmember Reinert indicated he asks because of Mr. Borsheim's questions. He stated if this is 349 approved and it was required they hook up if available, it would still not be available to Lot 15, and 350 the City does not have a regulation requiring an assessment or requiring hook-up. He indicated the 351 way it looks now they would only be able to service three houses of the five that petitioned, since 352 Lots 2 and 3 are shaky at best, and the cost would be higher since it is only being divided between 353 three homes. He stated he is trying to relieve Mr. Borsheim's concerns that everyone around him 354 would have sanitary sewer and he would still be on a mound system. 355 356 Mayor Bergeson asked City Planner Smyser to review the actions necessary. City Planner Smyser 357 stated the Comprehensive Plan Amendment is necessary for the other two to occur. He reviewed all •358 three actions, noting they would use Resolution 03-140 as an alternative to 03-119. 359 360 Councilmember Reinert moved to adopt Resolution No. 03-140 approving a Comprehensive Plan 361 Amendment to change land use from Low Density Unsewered to Low Density Sewered Residential, 362 and obtain an additional 17 acres of MUSA, and include the site in the Stage 1 growth area. 363 Councilmember O'Donnell seconded the motion for discussion. 364 365 Councilmember Carlson indicated she did some research on their Comprehensive Plan, and on page 366 67 of the Development Framework it talks about existing infrastructure, which supports the idea of 367 extending the MUSA to all eight lots. She indicated it also supports trading areas, rather than going 368 to the Metropolitan Council for additional MUSA. She added it also talks about dedication of 369 MUSA. If they ask for 17 acres of MUSA, they cannot dedicate it to these landowners until final 370 plat, which concerns her. She indicated as she looks at the request for a Comprehensive Plan 371 Amendment, it does not fit with the Comprehensive Plan, and without a plan that would benefit more 372 of the neighbors, she cannot see voting for it. This is asking for significant actions, and she feels they 373 have to have something to benefit more of the neighborhood than what is presented. 374 375 Councilmember O'Donnell stated he has some of the same concerns. He struggles with this situation, 376 because some of the area wants development to happen now and some later. He would suggest if 377 there is the opportunity of an extension on this matter that they take it so Staff has a chance to do 378 something with the additional owners. He feels they would be limiting the options if they proceed 379 with this tonight. They have not talked about going off Arlo Lane for utilities, which may not be a 380 good solution, but has not been explored. He would like to see more of the neighborhood served by 1.381 the actions as well. 8 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 382 .83 Councilmember Dahl asked if for the back lots, sewer and water would be coming from Arlo Lane or 384 Lois Lane. City Planner Smyser indicated all of the homes would receive utilities from the street they 385 front. Councilmember Dahl stated she has been trying to think of a word, also, to describe what they 386 would be doing to the other properties, and Councilmember O'Donnell's description of limiting is 387 what she has been thinking. She feels like they are getting only half a package, and not addressing 388 the entire problem, and if they are not getting the entire package they are not doing this justice. She 389 would like to accommodate everyone there, and not doing half now and half later. She stated she is 390 struggling with approval, and does not know if she can do it. 391 392 Councilmember Reinert stated since the first action requires a 3/5 vote, and three of the 393 Councilmembers have said they would vote no, he withdraws his motion in order to keep the project 394 alive and moving. Councilmember O'Donnell indicated he would withdraw his second. 395 396 Mayor Bergeson noted that sometimes sewer projects are done by the developer and donated to the 397 City, and sometimes the City constructs them and assesses the affected owners. He indicated it seems 398 from the discussion the City Council would be more supportive if this was a City project than a 399 developer project, since the developer project is only designed to service those who have agreed to 400 make a deal with him, where a City project could be more expansive. He asked if there was an option 401 where the sewer could be a City project, although it would take longer because the City would have to 402 determine feasibility. He indicated it may accommodate some of the concerns of those in attendance, 403 both those selling lots and the petitioners who want City utilities. 404 405 Community Development Director Grochala stated from a City standpoint, the developer is looking at W06 taking it from where it is available to the edge of his development, which would not change if it were 407 a City project. He indicated looking at the map, maybe one option they have not looked at is coming 408 off 77th Street, but again it becomes a much broader project in an area they did not anticipate would 409 have sewer, and where a lot of the owners do not want it. He stated from the Haley Manor 410 perspective, the first four to five lots can be serviced from existing lines. They are saying this is not a 411 sewered area, but the City will try to sewer it for them. He indicated unless they go to a much 412 broader project, he thinks this is the best they will get in the area. 413 414 Mayor Bergeson noted there is no motion on the floor, and they could have a motion to approve, deny 415 or table the request. He indicated if they table it, they need to recognize there is a timeframe to keep 416 in mind, and they will need to take action fairly soon. 417 418 Councilmember Dahl moved to table the Haley Manor Residential Subdivision to the September 3, 419 2003 City Council work session. Councilmember Carlson seconded the motion. 420 421 Councilmember O'Donnell asked if Staff could bring information to the work session, lot by lot, 422 showing which could be serviced and which could not. He recognized there are some gray areas, but 423 asked Staff to try to make them as black and white as possible. He also would like to know the 424 impact on those that have opted out at this time. 425 426 Motion carried unanimously. 427 428 Mayor Bergeson called for a short recess at 8:20 p.m. 4,29 9 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 430 The meeting was reconvened at 8:24 p.m. 0431 432 B. Consideration of Resolution No. 03-135, Approving Purchase Agreement for City 433 Property, Legacy Holdings Lino Lakes, LLC, Mary Alice Divine 434 435 Councilmember Carlson noted before they begin this discussion she would like to ask the City 436 Attorney about a possible conflict of interest. She indicated she is on the Board for a clinic that will 437 be in The Village. She stated the agreement is not included in this contract, and there will be a 438 separate contract with the clinic. She noted she receives no financial gain from the clinic, she only 439 serves on the Board. She stated she also has a small business, but she does not solicit business from 440 the clinic or use it in anyway for financial gain. 441 442 City Attorney Hawkins stated there is not a conflict if Councilmember Carlson is not receiving 443 financial gain from this transaction, and has no details of the transaction. Councilmember Carlson 444 asked that her disclosure go on record. 445 446 Economic Development Assistant Divine summarized the staff report, noting this is the first step of 447 the process, with many approvals to go through before moving forward. She indicated those 448 additional approvals are the reason for the one year contingency, and Staff recommends approval of 449 the purchase agreement. 450 451 Councilmember O'Donnell moved to adopt Resolution No. 03-135, approving purchase agreement 452 for City property by Legacy Holdings Lino Lakes, LLC. Councilmember Reinert seconded the 453 motion. •54 455 Councilmember Carlson indicated she would vote on this issue having confirmed there is no conflict 456 of issue, and having made disclosure that she is not paid for attending meetings of the hospital and 457 has no details of the terms of the secondary agreement. 458 459 Motion carried unanimously. 460 461 Resolution No. 03-135 can be found in the City Clerk's office. 462 463 C. Consideration of Resolution No. 03-137, Authorizing Distribution on Surface Water 464 Management Plan for Review, Jim Studenski 465 466 City Engineer Studenski summarized the staff report, indicating staff recommends approval of the 467 resolution. 468 469 Councilmember Reinert confirmed this is only authorizing distribution of the Water Management 470 Plan. City Engineer Studenski indicated that was correct. 471 472 Mayor Bergeson noted that the City Council had offered a few minor corrections and suggestions at 473 the work session, which have been incorporated into the document. 474 475 Councilmember Dahl moved to adopt Resolution No. 03-137 authorizing distribution of the Surface Aft476 Water Management Plan for review. Councilmember O'Donnell seconded the motion. 77 10 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 478 Motion carried unanimously. .79 480 Resolution No. 03-137 can be found in the City Clerk's office. 481 482 D. Ravens Hollow Residential Development, Jeff Smyser 483 484 City Planner Smyser summarized the Staff report, indicated Staff recommends approval, with 485 conditions as outlined. 486 487 Mayor Bergeson indicated he believes this project meets the purpose of a PUD. He stated sometimes 488 developers think a PUD means they can throw out the rules, but the purpose is to allow Staff and 489 developers to work together and come up with something better. 490 491 Councilmember Dahl noted on page three of the Staff report, Item 2 says the lots are compatible with 492 Fox Trace. She asked if the homes would also be compatible, as there are very nice homes in Fox 493 Trace. The developer indicated he built most of the houses in Fox Trace, so yes, they will be 494 comparable. He indicated the lot prices have doubled in Raven Hollow as compared to Fox Trace, 495 and typically the lot is 20 to 25 percent of the purchase price. 496 497 i. Consider First Reading, Ordinance No. 17-03, Rezoning to Planned Unit 498 Development 499 500 Councilmember O'Donnell moved to approve the First Reading of Ordinance No. 17-03 to rezone the 501 site to Planned Unit Development. Councilmember Reinert seconded the motion. 1.02 503 Councilmember Reinert indicated Councilmember Dahl asked about the homes on single-family lots, 504 but he noted there is nothing in the packet about how the detached townhomes will look. The 505 developer indicated they have not done the plans for the detached townhomes yet. They have worked 506 out plans with a local builder to do the townhomes, and the prices will be $250,000 to $300,000. He 507 indicated they will have requirements in the covenants for minimum footprints and garage sizes, 508 anticipating it will be approximately 1400 square feet. He added the lot prices for the townhomes 509 will be about $70,000, and you can apply the same calculation as that for the single-family homes. 510 511 Mayor Bergeson commented there are a number of detached townhomes in Centerville that have been 512 quite popular. He stated the owners like not sharing a wall, but having snow removal and other 513 outside maintenance taken care of for them. 514 515 Motion carried. Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. 516 Councilmember Carlson voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea. 517 518 ii. Consideration of Resolution 03-134, Preliminary Plat/PUD Development Plan 519 and MUSA Reserve Allocation 520 521 Councilmember Reinert moved to adopt Resolution No. 03-134 approving preliminary plat/PUD 522 development plan and MUSA Reserve allocation. Councilmember O'Donnell seconded the motion. 523 524 Motion carried unanimously. Ask 525 11 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 526 Resolution No. 03-134 can be found in the City Clerk's office. •527 528 E. Consideration of Resolution No. 03-136, Amending the 2001 Comprehensive Plan, 529 Hokanson Family Partnership, Jeff Smyser 530 531 This item was removed from the agenda. 532 533 F. Consideration of Resolution No. 03-133, Approving a Variance for property located at 534 6340 Red Maple Lane, Tanda Gretz 535 536 City Planner Smyser summarized the Staff report, indicating the Resolution should be corrected to 537 say 'NOW, THERFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the 538 proposed Variance to allow a 58 foot setback, as described in the attached staff report, dated August 539 25, 2003.' 540 541 Councilmember Dahl moved to adopt Resolution No. 03-133, approving a variance for property 542 located at 6340 Red Maple Lane. Councilmember Carlson seconded the motion. 543 544 Motion carried unanimously. 545 546 Resolution No. 03-133 can be found in the City Clerk's office. 547 548 G. Consideration of Resolution No. 03-138, Approving Plans and Specifications and Aft549 Authorizing Advertisement for Bids, Century Trail Lift Station, Jim Studenski W50 551 City Engineer Studenski presented the Staff report, indicating Staff recommends approval of this 552 resolution. 553 554 Councilmember Reinert moved to adopt Resolution No. 03-138, approving plans and specifications 555 and authorizing advertisement for bids for Century Trail Lift Station. Councilmember Dahl seconded 556 the motion. 557 558 Motion carried unanimously. 559 560 Resolution No. 03-138 can be found in the City Clerk's office. 561 562 H. Consideration of Resolution No. 03-139, Declaring Intent to Bond, Reimburse Project 563 Costs — Elm Street Reconstruction, Twilight Acres Watermain Extension, 215` Avenue 564 Street and Storm Sewer, Century Trail Lift Station, Marshan Lane Utilities, 62°d Street 565 Reconstruction, Jim Studenski 566 567 City Engineer Studenski summarized the Staff report, noting they are only stating the eligible 568 projects; all bonding projects would go through the City Council for approval. 569 570 Councilmember O'Donnell moved to adopt Resolution No. 03-139 declaring intent to Bond, 571 Reimburse Project Costs — Elm Street Reconstruction, Twilight Acres Watermain Extension, 21s6t 572 Avenue Street and Storm Sewer, Century Trail Lift Station, Marshan Lane Utilities, 62°d Street 073 Reconstruction. Councilmember Dahl seconded the motion. 12 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 574 •575 Motion carried unanimously. 576 577 Resolution No. 03-139 can be found in the City Clerk's office. 578 579 UNFINISHED BUSINESS 580 581 There was none 582 583 NEW BUSINESS 584 585 A. Approval of the August 6, 2003 Council Work Session Minutes 586 587 Councilmember Carlson asked if the notes from the August 6, 2003 Council work session could be 588 taken to the next work session, as she has questions she would rather raise at a work session. 589 590 Mayor Bergeson noted no action was needed, and these minutes would be brought back to a future 591 meeting. 592 593 COMMUNITY CALENDAR August 26, 2003 THROUGH September 8, 2003: 594 595 A) Wednesday, August 27, 2003, 6:30 p.m., Environmental Board Meeting 40596 B) Tuesday, September 2, 2003, Park Board Meeting (Park Tour) 597 C) Wednesday, September 3, 2003, 5:30 p.m., Council Work Session 598 D) Thursday, September 4, 2003, 7:00 a.m., EDAC Meeting 599 E) Monday, September 8, 2003, 6:30 p.m., City Council Meeting 600 Community Development Director Grochala noted the Environmental Board Meeting for this 601 Wednesday, August 27th has been cancelled. 602 603 ADJOURN 604 605 There being no further business, Councilmember Dahl moved to adjourn at 9:12 p.m. Mayor 606 Bergeson seconded the motion. 607 608 Motion carried unanimously. 609 610 These minutes were considered and approved at the regular Council Meeting, September 22, 2003. 611 612 /, 613 Lam.. 614 Ann Blair, C,i$y Clerk 615 •16 Transcribed by: 13 COUNCIL MINUTES AUGUST 25, 2003 APPROVED 617 Karen Whaley •618 TimeSaver Off Site Secretarial, Inc. • • 14