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HomeMy WebLinkAbout09/08/2003 Council MinutesCOUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : September 8, 2003 6 TIME STARTED : 6:30 P.M. 7 TIME ENDED : 10:55 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and 9 Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: Interim City Administrator, Dan Tesch; City Clerk, Ann Blair; Community 13 Development Director, Michael Grochala; Finance Director, Al Rolek; City Engineer, Jim Studenski; 14 City Planner, Jeff Smyser; and City Attorney, Bill Hawkins. 15 16 SETTING THE AGENDA 17 18 The agenda was accepted as presented. 19 20 CONSENT AGENDA 21 22 Councilmember O'Donnell moved to approve the Consent Agenda, as submitted. Councilmember 23 Carlson seconded the motion. 24 •25 Motion carried unanimously. 26 27 ITEM ACTION 28 29 A. CONSIDERATION OF EXPENDITURES: 30 31 i) September 8, 2003 (Check No. 68988 - 32 69083, $125,234.64) Approved 33 34 ii) Centennial Fire District (Check No. 13931 - 35 13945, $10,546.72) Approved 36 37 B. CONSIDER APPROVAL OF RESOLUTION NO. 38 03-144 APPROVING APPLICATION TO CONDUCT 39 OFF-SITE GAMBLING AND APPROVAL OF 40 APPLICATION FOR TEMPORARY ON -SALE 41 LIQUOR LICENSE, LINO LAKES LIONS CLUB Approved 42 43 C. CONSIDER APPROVING BLOCK PARTY 44 APPLICATION FOR RICE LAKE ESTATES Approved 45 46 OPEN MIKE • 47 1 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 48 John DeHaven, 1612 Birch Street, stated he was at a Council meeting a month ago and had asked the • 49 City to send a letter to MnDOT regarding Birch Street. However, he was just informed that the letter 50 will be drafted now and sent to the County. He stated he had explained a month ago that a letter 51 could be sent directly to MnDOT and does not need to be sent to the County, except as a courtesy. 52 Mr. DeHaven expressed his concern that this procedure stalls everything. He explained that every 15 53 minutes there are over 200 cars in the afternoon and it is the same in the morning. He stated he is 54 sure MnDOT staff is smart enough to understand that the addition of another 150 homes and 200 cars 55 will be crazy and invited the Mayor and Council to visit his neighborhood to see it for themselves. 56 57 Mr. DeHaven stated that at some point he would like to discuss with the City what the procedures are 58 for reducing the building moratorium because they have been approached by builders to construct 59 townhomes for empty -nesters. However, currently they cannot benefit from development because of 60 the moratorium. Mr. DeHaven stated the sewer is located 30 feet, running north and south, from his 61 property so it would not be difficult to access. He asked the Council for guidance on what that 62 procedure would involve. 63 64 Mayor Bergeson suggested Mr. DeHaven meet with staff to have a conversation about what the 65 development process would involve and, perhaps, attend a work session to discuss it with the 66 Council. 67 68 Bill Gawthorp, 6491 Birch Court, reiterated the need for speed control on Birch Street. He estimated 69 cars are traveling over 50 m.p.h. Mr. Gother stated that the roadway includes a curve so drivers are 70 almost "blind" to cars turning left onto Birch Street. When turning left onto Birch Court, cars have 71 very little time to respond. He suggested the Council consider placing a center turn lane all the way up72 down Birch Street. Mr. Gother stated he would appreciate expediency. 73 74 FINANCE DEPARTMENT REPORT, AL ROLEK 75 76 A. Consideration of Resolution No. 03-145, Adopting Proposed Budget 77 78 Finance Director Rolek presented the staff report, indicating it is Staff's recommendation the 79 Resolution be approved to adopt the proposed 2004 operating budget. 80 81 Councilmember Carlson noted this is the maximum budget and asked if categories can be changed if 82 the Council finds they need more money in one category and less in another. Finance Director Rolek 83 answered in the affirmative. 84 85 Councilmember Dahl moved to adopt Resolution No. 03-145, Adopting Proposed Budget. 86 Councilmember Carlson seconded the motion. 87 88 Motion carried unanimously. 89 90 Resolution No. 03-145 can be found in the City Clerk's office. 91 92 B. Consideration of Resolution No. 03-146, Adopting Preliminary Levy 93 94 Finance Director Rolek presented the staff report, indicating it is Staff's recommendation the • 95 Resolution be approved to certify a preliminary tax levy for the coming year. 2 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 96 • 97 Councilmember O'Donnell moved to adopt Resolution No. 03-146, Adopting Preliminary Levy. 98 Councilmember Reinert seconded the motion. 99 100 Motion carried unanimously. 101 102 Resolution No. 03-146 can be found in the City Clerk's office. 103 104 C. Consideration of Resolution No. 03-147, Setting Truth -in -Taxation Hearing Date 105 106 Finance Director Rolek presented the staff report, indicating it is Staff s recommendation the 107 Resolution be approved to schedule the Truth -in -Taxation hearing on Monday, December 8, 2003, at 108 6:00 p.m. and a continuation hearing, if needed, on Monday, December 15, 2003 at 6:00 p.m. 109 110 Councilmember Carlson moved to adopt Resolution No. 03-147, Setting Truth -in -Taxation Hearing 111 Date. Councilmember Dahl seconded the motion. 112 113 Motion carried unanimously. 114 115 Resolution No. 03-147 can be found in the City Clerk's office. 116 117 Mayor Bergeson noted the need to formalize Council meeting dates for the month of December and 118 asked staff to include that item on the next meeting agenda. Ang 19 20 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 121 122 There was no report presented. 123 124 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 125 126 There was no report presented. 127 128 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 129 130 There was no report presented. 131 132 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA 133 134 A. Hailey Manor Residential Subdivision, Jeff Smyser 135 136 i. Consideration of Resolution No. 03-140, Amending the 2002 Comprehensive Plan 137 ii. Consider First Reading of Ordinance 16-03, Rezoning Property from R -Rural to 138 R-1, Single Family Residential 139 iii. Consideration of Resolution No. 03-120, Approving Preliminary Plat and 140 Variance for Lot Depth 141 w42 City Planner Smyser gave a brief history on this application by Frank Feela, Inc. requesting approval 43 of the Hailey Manor plat which involves redevelopment of four existing residential lots in the Mar 3 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 144 Don Acres neighborhood. The proposed plat would subdivide four existing lots and result in 14 lots. .45 City Planner Smyser summarized the Staff report and noted the location of a swimming pool that is 146 within the drainage easement and will have to be addressed prior to consideration of the final plat. He 147 advised that the Planning & Zoning Board recommends approval with conditions. 148 149 Councilmember Carlson asked staff to explain the MUSA issue and how it could be banked. City 150 Planner Smyser explained he would suggest the City ask for 17 acres of MUSA reserve which would 151 be set aside for this area, 6.2 acres would go to the Hailey Manor plat, and the rest would become a 152 sub -bank for this area should it further develop in the future. 153 154 Councilmember Dahl asked if both sewer and water would be extended. City Planner Smyser 155 answered in the affirmative. 156 157 Councilmember Dahl asked how many houses will be constructed. City Planner Smyser stated that 158 ten houses would be constructed and not phased. 159 160 Councilmember Dahl stated she remains concern with a piecemeal plan and would prefer to have the 161 entire area done. She reviewed the lots that could and could not be served with gravity lines. 162 Councilmember Dahl questioned the life expectancy of a grinder pump and when the rest of the 163 neighborhood could be served should their wells fail. 164 165 City Planner Smyser stated a grinder pump is an individual pump at each house that is paid for and 166 installed by the individual homeowner and would pump waste water up to the sewer pipe in the street. .67 68 City Engineer Studenski stated the pumps need maintenance and the life expectancy is not an issue. 169 170 City Planner Smyser presented the revised phasing plan, noting it will end up with three lots being 171 left over so the number is not over 147. With regard to Councilmember Dahl's question as to when 172 the rest of the neighborhood will be served, City Planner Smyser used a site plan to point out the 173 location from where a future extension will be made. 174 175 Councilmember Reinert asked for an explanation of the Metropolitan Council's consideration of this 176 requested Plan amendment. City Planner Smyser stated this is actually the City's second request for a 177 Comprehensive Plan amendment with the first request involving Elm Street. He advised that the 178 Metropolitan Council did approve that first amendment request; however, he is unable to predict what 179 the Metropolitan Council's action will be in this case. 180 181 Community Development Director Grochala stated that with this type of amendment, the 182 Metropolitan Council's concern is utilizing the infrastructure in place to its maximum. They 183 indicated that they would not look favorably on one acre lots or extending utilities to serve just one 184 acre lots. However, they would look favorably if it also included the ability to divide those one acre 185 lots. He noted this application proposes a resubdivision into urban -sized lots so he thinks the 186 Metropolitan Council will act favorably. 187 188 Councilmember Carlson noted there is infrastructure and a prior commitment for future subdivision 189 but the Council is doing quite a few things that the Comprehensive Plan says differently. She iii190 expressed concern regarding the land use change from Rural unsewered to Low Density sewered and 91 the request for additional MUSA instead of a trade. Councilmember Carlson noted that the 4 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 192 Comprehensive Plan does not address setting aside MUSA for specific areas. Also, the Stage 1 .93 growth area is of concern. Councilmember Carlson asked what the Council will say to the next 194 developer who wants to do 100 or 200 homes. 195 196 City Planner Smyser stated that is the major question, a response to someone who wants 100 or 200 197 homes. He stated staff would show the applicant the phasing plan and explain that the City will not 198 go beyond that limit. City Planner Smyser noted that adding ten or fifteen lots has far less impact on 199 the City's vision than 100 or 200 lots which would involve a significant change. 200 201 Councilmember Carlson stated she realizes this proposal honors the Growth Management Plan but 202 she feels it dishonors many other issues in the Comprehensive Plan. She asked how staff finds this 203 request to be different from others that are likely to be received. 204 205 Community Development Director Grochala stated this is a good question and part of staff's 206 evaluation process since anyone has the right to request a Comprehensive Plan amendment. It is then 207 the City's responsibility to review that request and determine if it makes sense to consider and make 208 that change. With Hailey Manor, it has been the intent to serve the property with utilities at some 209 point in time. In order to allow them to hook up on the back side, the question is whether utilities are 210 available on the front side to allow other properties to connect. The answer to that question is yes, to 211 an extent, so this project does not require a major infrastructure expansion to serve the properties. He 212 stated that if someone has 100 acres and is not within Stage 1 or Stage 2 but wants to develop, staff 213 would note the location of existing utilities, determine if it is feasible to extend, and whether it is a 214 good action to consider that type of plan. S15 16 Councilmember Carlson stated she knew there was reasoning behind staff s recommendation for 217 approval and wanted to be sure this project can be differentiated from other future requests. 218 219 Councilmember Dahl asked what street will connect to Arlo Lane. City Planner Smyser explained 220 that Henry Court will extend from the west side. Councilmember Dahl asked if Henry Court can 221 accommodate extending utilities to Lot 1 and Lot 2. City Engineer Studenski stated staff did consider 222 that option and found it did gain some depth and improved the situation for Lots 2 and 3. However, it 223 is not enough depth for Lot 1. 224 225 Mayor Bergeson asked if there should be a setback from a stormwater holding area. City Planner 226 Smyser stated the City does not have a setback requirement from a stormwater pond but the code says 227 the easement must be ten feet greater than the pond itself. 228 229 City Engineer Studenski stated that amount can vary but is typically ten feet and allows the City 230 access to maintain the pond. 231 232 In response to Mayor Bergeson, City Engineer Studenski stated staff does not have anything specific 233 about the sewer depths but has looked into the extension of the sanitary sewer and watermain along 234 Lois Lane. He used a map to explain the alignment of utilities and noted that farther west the existing 235 house on the north side will be able to connect. However, it would not allow the next adjacent lot to 236 subdivide. That lot would need to follow the same process as the Hailey Manor project. City 237 Engineer Studenski explained that if this project goes forward tonight, staff will follow-up with more detail on the remainder petitioned area and schedule a neighborhood meeting. 39 5 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 240 Councilmember Carlson asked for more information about extending utilities. She stated it appears .41 the existing house on Lot 5 would also be able to connect. City Engineer Studenski answered in the 242 affirmative. 243 244 Councilmember Carlson asked where the next portion of the project will go. Community 245 Development Director Grochala explained that utilities would go through the western edge of the 246 Hailey Manor project plus one home. Everything beyond that would become part of another project 247 and follow the Charter provisions. 248 249 Councilmember Carlson asked about the cost for homeowners to connect and how the Charter would 250 address that point. 251 252 Mayor Bergeson stated his question is the concept of splitting the street in half, which he does not 253 think the Charter addresses. He noted the majority of the petitioners are located on one side of the 254 street. 255 256 City Attorney Hawkins stated he would need to research that Charter issue. 257 258 Community Development Director Grochala advised that one property from the south side of the 259 street is involved in the petition. 260 261 Kevin Murphy, 583 Lois Lane, stated staff mentioned in their report that his swimming pool needs to 262 be "resolved" and asked what that means. City Planner Smyser explained that the City was not aware 263 of the location of the swimming pool so staff will have to look at that situation and determine if it W64 would involve removal of the pool or an adjustment of the drainage pond and easement. He advised 265 that the City does not want a swimming pool to be located within a utility easement. 266 267 Mayor Bergeson asked if this issue would prevent the Council from moving ahead tonight. City 268 Planner Smyser stated the proposed resolution that approves the plat contains Condition #14 which 269 indicates: "The issue of an existing swimming pool in a proposed easement must be resolved prior to 270 final plat approval." 271 272 Chad Borsheim, Lot 15, asked about the rezoning from rural to R-1 and whether it will also include 273 his house. City Planner Smyser answered that it would not since the proposed rezoning is only for 274 the four existing lots. 275 276 Mr. Borsheim asked how this "keeps the door open" for development. City Planner Smyser 277 displayed the map contained in the Comprehensive Plan that shows the Hailey Manor lots, along with 278 the rest of the neighborhood which is Low Density, unsewered, property. He explained that in order 279 to move the MUSA line, the City would apply to the Metropolitan Council to move the MUSA line to 280 include the lots along Lois Lane. City Planner Smyser explained how the MUSA bank works to take 281 MUSA acres from the bank and apply them in predesignated areas. However, Hailey Manor was not 282 one of the predesignated areas so additional acres are needed. 283 284 City Planner Smyser explained that if approved, it would allow development to occur but would not 285 automatically rezone the property. He reviewed how the MUSA reserve would be used for this area W2286 and 6.2 acres allocated if the project is approved. The City would not use the MUSA reserve until a 87 plat is received addressing the subdivision, provision of utilities, and how drainage would be handled. 6 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 288 He informed Mr. Borsheim that if he does not want his property to be rezoned or develop, he would •289 not have to do so. 290 291 Mr. Borsheim stated that he thinks if a pipe is in front of his house he would be required to connect if 292 he sells his property. City Planner Smyser stated a resident would only be required to connect if the 293 current septic system fails, but not until that time. 294 295 Mr. Borsheim stated his concern is that the MUSA line will be moved and provide a "legal door" for 296 future development and utility costs. He stated he objects because he does not want to be forced to do 297 something when he sells his house. Mr. Borsheim stated he thinks this will make it difficult for him 298 to sell his house, believes there are too many "ifs" with this project, and no answers. 299 303 Mayor Bergeson asked if the vote on the Comprehensive Plan amendment requires a roll call vote. 301 City Planner Smyser stated it does not but does require a 4/5ths affirmative vote to pass. 302 303 Councilmember O'Donnell moved to adopt Resolution No. 03-140, Amending the 2002 304 Comprehensive Plan. Mayor Bergeson seconded the motion. 305 306 Councilmember Carlson stated she is having a difficult time with this decision because the sewer and 307 water is on the back side of the lots andprevious promises have been made on the plat to allow these 308 lots to develop. She stated that the other side of the issue is the number of changes being made to the 309 Comprehensive Plan, some of which are not really necessary such as the MUSA trade and setting up 310 the different bank. Also, the neighborhood seems to be somewhat split on the development. She 0311 stated she would have preferred a more comprehensive plan for the neighborhood and would like that 312 to come about. Councilmember Carlson asked other councilmembers how they are basing their 313 decision. 314 315 Councilmember Reinert stated he is surprised staff is recommending approval since they are such 316 "sticklers" on everything. He stated he is concerned about the size, realizing it is only a few homes 317 and the majority of the neighborhood wants it. However, as Councilmember Carlson has raised there 318 are a lot of changes so maybe the City is going too far to accommodate this project. He asked if staff 319 would still recommend approval if the same situation existed with more homes, say 40 homes. Or, 320 does the fact that this is just a few homes impact staff's recommendation for approval. 321 322 City Planner Smyser stated the two main reasons for staff's recommendation of approval are the fact 323 that Arlo Lane was built behind these properties as the first or second step to keep the "development 324 ball" rolling. Those property owners have strongly voiced that they want the opportunity to divide 325 their properties and had that road built to keep that "ball rolling". Secondly, even though not a 326 serious problem in this neighborhood, several systems have failed. City Planner Smyser stated he 327 likes to avoid situations where properties cannot connect should their system fail. 328 329 Councilmember Reinert stated if it were a larger project staff may look at it differently. City Planner 330 Smyser agreed that even though this is an odd situation, the small project size does make it easier to 331 "swallow." 332 333 Councilmember Reinert asked if this project completes a cycle of what those properties wanted to 334 occur so they could develop in this way. He also asked if it was an oversight to not have included W35 these properties in the Comprehensive Plan. City Planner Smyser indicated that he would not view it 7 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 336 as an oversight and noted this is a very small and focused area while the Comprehensive Plan is a .337 very broad perspective. However, he agreed that in a perfect world this would have been addressed in 338 the Comprehensive Plan. 339 340 Councilmember Reinert stated it appears this project continues an on-going desire to complete a plan 341 that has been in process for a long period of time. He reviewed the concern by Chad Borsheim who 342 owns Lot 15, about the ability to sell in the future and not encumber the future buyer. Councilmember 343 Reinert noted that it appears the requirement to connect will result from the failure of the existing 344 system, not from a future action to sell the property. 345 346 City Planner Smyser stated Lino Lakes is very reluctant to force residents to connect to utilities and 347 pay assessments and, if someone does not want to connect, the City has found a way for informal 348 deferral of the costs until they do connect. However, what a buyer wants to do is completely out of 349 the City's control. City Planner Smyser advised that Lino Lakes does not require a point-of-sale 350 inspection of the septic system. However, more often the buyer's lender will require an inspection 351 prior to the bank signing the mortgage. 352 353 Councilmember Reinert stated if utilities are connected, the value of the property should also 354 increase. He noted that since the City does not require utility connection upon sale, there should be 355 no concern of selling. 356 357 Councilmember Carlson noted that Mr. Borsheim's lot is differently shaped than those being 358 developed and asked if it could be split into two lots. City Planner Smyser reviewed the dimensions ift359 of the lot and stated that it could potentially be divided down the middle but not divided into four lots 60 since there is no roadway to the rear. 361 362 Councilmember Carlson noted the Charter does not allow the City to assess beyond what the property 363 would increase in value. Also the Bisel Amendment would provide Mr. Borsheim with some 364 protection. 365 366 Community Development Director Grochala stated the Bisel Amendment is predominantly used 367 when sewer and water is being extended for either a new development or a city trunk utility project 368 past existing developed properties than do not have city utilities. In those cases, the City does not levy 369 assessments against properties abutting the improvements. In the event that the existing house does 370 connect, they pay a connection charge, based on standard R-1 or R -1X minimum lot width and 371 minimum lot area requirements. That adjustment recognizes that it receives the same benefit as 372 another single-family lot. Should that lot subdivide in the future, it would then be additionally 373 assessed. 374 375 Mayor Bergeson stated the Council made a decision on Arlo Lane to put it into place and that sewer 376 and water lines were adequate to serve both sides of the street. He stated if that decision had been 377 made at the same time as the Comprehensive Plan, he believes this area would have been included as 378 well as full lots down to the street since the practice was to not split one piece of property into two 379 different zonings or growth time tables. He stated that when the decisions on Arlo Lane were made, a 380 commitment was made to the development as proposed. He agreed that it does not line up with all 381 the Comprehensive Plan amendments but the case can be made that this is not a brand new concept or 82 alteration of the Comprehensive Plan but, rather, a clean-up of details on the edge of an area that was 1,83 not as clearly defined when the Comprehensive Plan was put together. 8 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 384 4)85 Councilmember Carlson stated her question was answered about why staff is recommending approval 386 due to the ability to differentiate this proposal from future proposals. She noted there are points in the 387 Comprehensive Plan that recommend development occur where improvements are present and that 388 the Comprehensive Plan be reviewed annually. She stated she expects to see similar requests 389 submitted, but perhaps larger in size with the argument that they were not aware or did not submit 390 when the Comprehensive Plan was considered. Councilmember Carlson stated she thinks this plan 391 can be differentiated from others and will not set a precedent, and therefore she has determined that 392 she can support the Comprehensive Plan amendment on that basis. 393 394 Councilmember Dahl stated she is still torn but somewhat less after hearing previous comments. She 395 stated she wished it was 100% on the road and that the whole street was being done. However, she 396 understands where staff is coming from. Councilmember Dahl stated she is also bothered by having 397 to take three actions plus consider a variance. However, since Mayor Bergeson has stated that the 398 Council, at some point in time, did plan for the future development she is more comfortable. 399 Councilmember Dahl stated that if a mistake was made in the Comprehensive Plan, it shows that the 400 Council is human. She stated she thinks that Councilmember Carlson is correct that the 401 Comprehensive Plan is to be reviewed annually and asked staff to try and accommodate that by the 402 end of the year. Councilmember Dahl stated that while she still thinks this is piecemeal she thinks 403 some of the concerns of the owner of Lot 15 have been calmed. 404 405 Mr. Borsheim stated that the Council has indicated that this was planned for but before he got a septic 406 permit in September he had asked City staff if there were plans for City sewer and water and was told Akt07it was not in the five year plan. He stated they also asked in April or May before they purchased the 08 home and were told the same thing. Now, two months after he moved in, they got a letter saying 409 there are plans so he feels he was lied to. Mr. Borsheim noted that he paid $12,000 to replace his 410 septic system. 411 412 Mayor Bergeson explained that access from the back side of the lot was planned from Arlo Lane but 413 now the City is responding to a request of the homeowners and a developer, who made an agreement 414 with some of the homeowners, so this is not a City -imitated project. 415 416 City Planner Smyser reviewed the issues included in the resolution. 417 418 Motion carried unanimously. 419 420 Resolution No. 03-140 can be found in the City Clerk's office. 421 422 Councilmember Reinert moved to approve FIRST READING of Ordinance 16-03, Rezoning 423 Property from R -Rural to R-1, Single Family Residential. Councilmember Dahl seconded the 424 motion. 425 426 Councilmember Reinert voted aye. Councilmember Dahl voted yea. Councilmember Carlson voted 427 yea. Councilmember O'Donnell voted yea. Mayor Reinert voted yea. 428 429 Motion carried unanimously. .30 9 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 431 Councilmember Reinert moved to adopt Resolution No. 03-120, Approving Preliminary Plat, MUSA 032 Allocation and Variance for Lot Depth. Councilmember O'Donnell seconded the motion. 433 434 Motion carried unanimously. 435 436 Resolution No. 03-120 can be found in the City Clerk's office. 437 438 B. Crystal Cove, Jeff Smyser 439 440 i. Consider First Reading, Ordinance No. 18-03, Rezoning from R-1 to R-2 441 ii. Consideration of Resolution No. 03-141, Approving Preliminary Plat and 442 Variance for Lot Depth, Lot Width, Lot Area 443 444 City Planner Smyser gave a brief history on this application that involved the rezoning of part of the 445 outlot and a preliminary plat that covers the entire outlot which would create three lots. City Planner 446 Smyser summarized the Staff report and recommendation of the Planning & Zoning Board for 447 approval with conditions. 448 449 Councilmember Carlson asked how these lots compare in size to the lots to the west. City Planner 450 Smyser stated the lots to the west include six single family lots but the Comprehensive Plan guides 451 the subject property for medium density. 452 453 Councilmember O'Donnell moved to approve FIRST READING of Ordinance 18-03, Rezoning from 454 R -Rural to R-2. Councilmember Reinert seconded the motion. 55 456 Councilmember Dahl questioned the square footages of the lots. City Planner Smyser reviewed the 457 lot sizes and location of the lot lines. Councilmember Carlson noted that one lot is much large and 458 asked if this will appear all right. City Planner Smyser agreed that one lot is larger in size. 459 460 Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Councilmember Carlson 461 voted yea. Councilmember Dahl voted yea. Mayor Reinert voted yea. 462 463 Motion carried unanimously. 464 465 Councilmember Dahl moved to adopt Resolution No. 03-141, Approving Preliminary Plat and 466 Variances for Lot Depth, Lot Width, Lot Area. Councilmember Reinert seconded the motion. 467 468 Motion carried unanimously. 469 470 Resolution No. 03-141 can be found in the City Clerk's office. 471 472 Mayor Bergeson called for a short recess at 8:42 p.m. 473 474 The meeting was reconvened at 8:46 p.m. 475 476 C. Miller's Crossing, Bruggeman Development, Jeff Smyser •78 77 i. Consider First Reading, Ordinance No. 19-03, Rezoning from R-3 to LB 10 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 479 ii. Consider First Reading, Ordinance No. 20-03, Rezoning from R-1 and R-3 to R-3 080 PUD 481 iii. Consideration of Resolution No. 03-142, Preliminary Plat/PUD Development Plan 482 iv. Consideration of Resolution No. 03-143, Conditional Use Permit for Daycare in 483 LB zone 484 485 City Planner Smyser gave a brief history on this application from Bruggeman Properties for 152 486 townhomes and a 13,000 square foot commercial building. He summarized the Staff report and noted 487 the Planning & Zoning Board recommendation for approval with conditions. 488 489 City Planner Smyser requested a correction to Resolution No. 03-142, Condition #6, to indicate: 490 "Signage for the commercial site shall comply with the Miller's Crossroads Sign Plan, received 491 August 28 2003, including an EIFS sign band. The location of the commercial monument sign shall 492 be reviewed with the sign permit application. All signs require a sign permit. The residential 493 association by-laws must address ownership and maintenance of the community monument sign and 494 sign landscaping_" 495 496 Councilmember O'Donnell noted that the primary reason to consider a PUD is to obtain additional 497 amenities and asked what the major amenities are in this case. City Planner Smyser stated the major 498 gain is additional open space and to provide more buffering distance. 499 500 Councilmember Reinert stated his biggest concern relates to traffic and noted that Anoka County has 501 itemized a lot of improvements they would like to see. He asked how the City can assure these 1,02 improvements will be carried out and whether they will be included in the development agreement. 03 City Planner Smyser stated all the items listed in the staff report will be specified in the development 504 agreement to assure they are done. 505 506 Councilmember Dahl reviewed page 11 of the staff report indicating the feasibility study is underway 507 and to be paid for by the two developers. She asked if the City will incur any costs. Community 508 Development Director Grochala stated the costs will be borne by the developer on either side that are 509 causing the need for the improvements. He reviewed staff s efforts to work with the two developers 510 and County staff to design a feasible project. He stated a City contribution will be to give right -of - 511 way which will be needed to accommodate the roadway improvements that are planned. 512 513 Councilmember Carlson stated the rezoning concerns her somewhat because it is going from R-3 to 514 Limited Business, not Neighborhood Business. She stated she is satisfied with what is being shown 515 and asked how the City assures that is what is actually built. City Planner Smyser stated the applicant 516 could not get a building permit for something that is not approved. 517 518 Councilmember Carlson asked if the corner lot can be changed if the preliminary plat does not pass. 519 City Planner Smyser stated if the plat is not approved, the lot is not created. 520 521 Councilmember Reinert asked if the residential portion should be considered first if it guides the 522 entire project. City Planner Smyser stated the residential portion could be considered first but it is not 523 all that critical. The critical issue is to approve the rezoning prior to the plat. 524 • 11 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 525 Councilmember Reinert recommended that the vote on the residential rezoning occur first. If that is *26 approved, he would suggest the other votes be taken. Councilmember Reinert stated, however, that he 527 will not be supporting the residential rezoning tonight. 528 529 Councilmember Carlson asked if this should go back to a Work Session to resolve the residential 530 portion. City Planner Smyser advised that the City is not up against the deadline tonight. 531 532 Mayor Bergeson asked Councilmember to briefly indicate whether they would like this matter 533 referred to a Work Session. 534 535 Councilmember Carlson stated her concerns are with the plat, 25 -foot setback, smaller garage sizes, 536 and the southbound lane of 49th not being constructed before approving the project. She stated she is 537 also concerned that there may be some delay on that road improvement. Councilmember Carlson 538 stated her preference was for detached townhomes along Ware Road, similar to the single-family 539 homes located across the road, as a transition between single-family. She stated she is also concerned 540 about the density within the development and with setting precedence for a private park. 541 542 Community Development Director Grochala stated the only thing holding up the Hodgson/Birch 543 Street improvements is this approval process. Once approved, the development agreement can be 544 executed, costs determined, and the improvement project can move forward. If approved, plans and 545 specifications would be developed and the project would move ahead next spring which will coincide 546 with the development. 547 4 48 Councilmember Dahl stated she is willing to vote on this project tonight. However, she would be 49 more in favor of detached townhomes since she thinks this density is too high. She stated she does 550 not like the fact that the City's cost is not yet known. Councilmember Carlson stated she would like 551 to learn more about Limited Business and does not like it being a private park. 552 553 Councilmember Reinert stated if this is a desired development for the City but may not pass tonight, 554 that may be a reason to bring it back to a Work Session so adjustments can be made to bring it up to a 555 level that is acceptable to the Council. 556 557 Mayor Bergeson noted the ordinances and Comprehensive Plan defines Medium Density and this 558 project complies with that regulation. Thus, it would be hard for the City to press the case on the 559 density issue. He noted there are some other things that may not meet all of the standards and those 560 could be discussed. 561 562 Community Development Director Grochala stated staff is trying to finish the feasibility study and 563 would like to sit down with both developers to review the numbers and determine what needs to be 564 done. He stated he believes the proposed improvements are very important and would not like to 565 jeopardize that so he would prefer the opportunity to sit down with the developers to address the 566 questions of the Council and bring that back to the next Work Session. 567 568 Mayor Bergeson stated it appears it is the desire of the Council to refer this action to a Work Session. 569 He asked for comments from the developer. 570 Greg Sling, representing Bruggeman Properties, stated it has been a long process to get this project 1,71 72 before the Council but it appears to be the desire of the majority of the Councilmembers to have 12 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 573 further discussion at a Work Session so he would support that request. He stated that he thinks the 110574 comments about detached townhomes refers to the Ware Road side but there was discussion 575 previously of twinhomes. 576 577 Councilmember Carlson stated it is in the minutes that she had referred to detached townhomes at a 578 previous Work Session. 579 580 Councilmember Dahl stated she thinks detached townhomes should not be limited to Ware Road but 581 also supports less density. She stated she thinks detached townhomes would be more compatible with 582 surrounding development and provide a more gentle transition. 583 584 Mr. Sling stated they have some thoughts about detached townhomes they would like to share at the 585 Work Session. 586 587 Mayor Bergeson stated the next Work Session will be split between two days and all of the 588 Community Development items will be handled on Thursday, September 18, 2003. 589 590 Councilmember Carlson moved to refer the Miller's Crossroads Bruggeman Development to the 591 September 18, 2003 Work Session. Councilmember Reinert seconded the motion. 592 593 Motion carried 4-1 with Mayor Bergeson voting against. 594 595 D. Consideration of Resolution No. 03-151, Approving Conditional Use Permit, Automobile w596 and Truck Repair, JADT Development, Michael Grochala 97 598 Community Development Director Grochala gave a brief history on this application for site plan 599 approval for development on Lots 2 and 3 consisting of two multi -tenant retail buildings. He 600 summarized the Staff report and Planning & Zoning Board's recommendation for approval with 601 conditions. Community Development Director Grochala requested an additional condition criteria as 602 Condition #13, to state: "No painting shall be allowed on site." 603 604 Mayor Bergeson asked why the other conditions related to pollution control standards and Minnesota 605 regulations APC are needed if painting is not allowed on the site. Community Development Director 606 Grochala explained that odors may occur from other automotive work such as oil changes. 607 608 Councilmember Reinert asked how you regulate odor. Community Development Director Grochala 609 agreed it is difficult to regulate but the PCA has regulations on emission standards. 610 611 Councilmember Dahl stated the issue of outdoor storage was discussed at the Work Session and asked 612 if overnight parking will be allowed. City Attorney Hawkins stated his opinion that a reasonable 613 number of consecutive hours or days can be identified. 614 615 Councilmember Carlson stated she would like that issue addressed in the conditions. 616 617 Community Development Director Grochala suggested that language be added to Condition #12 to 618 indicate: "shall be limited to a maximum of 48 continuous hours." 10619 13 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 620 Councilmember O'Donnell stated he thinks restricting the number of cars may also be needed to .21 control the appearance of the site. He pointed out that this may be difficult to enforce. 622 623 Mayor Bergeson suggested that this concern be noted and staff be asked to work with the developer to 624 draft language to address that concern. 625 626 Councilmember Reinert noted this language will not be needed unless a problem occurs and 627 enforcement action is needed. He agreed with the suggestion to have staff and the developer draft 628 appropriate language including no more than four vehicles or 48 continuous hours. 629 630 Mayor Bergeson stated that parapets are nice on larger -sized buildings where the back cannot be 631 viewed. But with angled lots and buildings, you can see the back of the parapet so he is not sure it 632 adds to the quality of the design. He suggested staff and the developer look at other options. 633 634 Community Development Director Grochala explained that was added to make the building a better 635 fit with the Target building. He stated staff will work with Mr. Baylor on that detail and with the City 636 Attorney on the outdoor parking language. 637 638 Councilmember Dahl stated her support for the language suggested by Councilmember Reinert of no 639 more than four cars or 48 hours. 640 641 Councilmember Carlson noted a discrepancy in the number of conditions between the staff report and 642 draft resolution. Community Development Director Grochala explained that Conditions #7 and #8 in 643 the draft resolution are new conditions and refer to the Rice Creek Watershed District and Mn/DOT W44 permits. They were not part of the staff report. 645 646 Councilmember Reinert asked about the specific designation of "automobile and truck repair." 647 Community Development Director Grochala stated that is the definition contained in the code and 648 would not include repair of semi -trucks. 649 650 Councilmember Carlson moved to adopt Resolution No. 03-151, Approving Conditional Use Permit, 651 Automobile and Truck Repair, JADT Development, as amended to include 15 conditions as modified. 652 Councilmember Dahl seconded the motion. 653 654 Motion carried unanimously. 655 656 Resolution No. 03-151 can be found in the City Clerk's office. 657 658 E. Consider Second Reading, Ordinance No. 17-03, Rezoning to Planned Unit 659 Development, Ravens Hollow, Jeff Smyser 660 661 City Planner Smyser gave a brief history of this ordinance and summarized the Staff report. 662 663 Councilmember O'Donnell to approve SECOND READING and adopt Ordinance No. 17-03, 664 Rezoning to Planned Unit Development, Ravens Hollow Councilmember Dahl seconded the motion. 665 666 Councilmember O'Donnell voted yea. Councilmember Dahl voted yea. Councilmember Carlson 1,67 voted yea. Councilmember Reinert voted yea. Mayor Reinert voted yea. 14 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 668 *69 Motion carried unanimously. 670 671 Ordinance No. 17-03 can be found in the City Clerk's office. 672 673 F. Consideration of Resolution No. 03-144, Extending Site and Building Plan/CUP 674 Approval, Benkler Car Wash, Jeff Smyser 675 676 City Planner Smyser gave a brief history of this application and summarized the Staff report. 677 678 Councilmember Dahl noted that the recommended extension of the car wash CUP is for six months 679 but for Item 7G it is for nine months. City Planner Smyser advised that a CUP must start within one 680 year or it becomes void. However, a site and building plan must start within six months or it can be 681 extended by administrative review. He explained that the CUP extension is important since the 682 language indicates it expires but the site plan can be extended through an administrative approval. 683 684 Councilmember Reinert moved to adopt Resolution No. 03-144, Extending Site and Building 685 Plan/CUP Approval, Benkler Car Wash. Councilmember Dahl seconded the motion. 686 687 Motion carried unanimously. 688 689 Resolution No. 03-144 can be found in the City Clerk's office. 690 691 G. Consideration of Resolution No. 03-148, Extending Site and Building Plan/CUP �92 Approval, Russian Baptist Church, Jeff Smyser 693 694 Councilmember Carlson moved to adopt Resolution No. 03-148, Extending Site and Building 695 Plan/CUP Approval, Russian Baptist Church. Councilmember Reinert seconded the motion. 696 697 Motion carried unanimously. 698 699 Resolution No. 03-148 can be found in the City Clerk's office. 700 701 H. Consideration of Resolution No. 03-152, Accepting Street and Drainage and Utility 702 Easements, Lino Lakes Market Place, Michael Grochala 703 704 Community Development Director Grochala reviewed the Staff report and recommendation to accept 705 the street and drainage and utility easements. 706 707 Councilmember Dahl moved to adopt Resolution No. 03-152, Accepting Street and Drainage and 708 Utility Easements, Lino Lakes Market Place. Councilmember Reinert seconded the motion. 709 710 Motion carried unanimously. 711 712 Resolution No. 03-152 can be found in the City Clerk's office. 713 714 I. Consideration of Resolution No. 03-149 Declaring Costs to be Assessed, 21' Avenue 115 Street and Storm Sewer Improvements, Jim Studenski 15 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 716 `17 City Engineer Studenski gave a brief history of this project, indicating staff recommends approval of 718 this resolution. 719 720 Mayor Bergeson asked why this is not all one project. City Engineer Studenski stated staff has 721 worked on this as a dual track but now needs to move forward on the 21st Avenue project since the 722 other is not moving forward in a timely manner. 723 724 Councilmember Dahl moved to adopt Resolution No. 03-149, Declaring Cost to be Assessed, 21st 725 Avenue Street and Storm Sewer Improvements. Councilmember Reinert seconded the motion. 726 727 Motion carried unanimously. 728 729 Resolution No. 03-149 can be found in the City Clerk's office. 730 731 J. Consideration of Resolution No. 03-150 Calling for Hearing on Proposed Assessments, 732 21' Avenue Street and Storm Sewer Improvements, Jim Studenski 733 734 City Engineer Studenski gave a brief history of this project, indicating staff's recommendation to 735 approve this resolution. 736 737 Councilmember O'Donnell moved to adopt Resolution No. 03-150, Calling for Hearing on Proposed 738 Assessments, 21' Avenue Street and Storm Sewer Improvements. Councilmember Dahl seconded 739 the motion. Iwo 741 Motion carried unanimously. 742 743 Resolution No. 03-150 can be found in the City Clerk's office. 744 745 K. Consideration of Resolution No. 03-153, Authorizing Referendum for 2004-2005 Street 746 Reconstruction Projects, Michael Grochala 747 748 Community Development Director Grochala presented language for the ballot question as modified 749 and advised that the City's bond counsel has also received a copy of this language. He read the ballot 750 question and project costs that would be included. Community Development Director Grochala 751 stated the City needs to assure there will be enough money to do this project and advised that the 752 feasibility report should be completed in two weeks. He presented the project schedule and staff's 753 recommendation this resolution be adopted. 754 755 Councilmember Carlson stated just getting this information tonight makes it difficult for the Council. 756 She stated that in the five year plan and City newsletter it identified streets funded from MSA as well 757 as by referendum. Holly Drive and 62nd Street were included. 758 759 Community Development Grochala stated when the newsletter was drafted it was anticipated that 760 some referendum dollars would be needed but now it is moving forward without the referendum. He 761 explained that 62nd Street and Holly Drive will be funded through MSA and special assessments. 4762 16 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 763 Councilmember Carlson asked when the Council adopted a resolution with a 4/5 affirmative vote for *64 this, as is required by the Charter. Community Development Director Grochala stated the Council 765 authorized the feasibility study in 2001 or 2002 for the overall public improvement project. He 766 explained that going forward with the public improvement and calling the hearing will be considered 767 by the Council on September 22, 2003. At that time the feasibility study will also be back. 768 Community Development Director Grochala explained there will be two processes going on at the 769 same time, the Charter process and the bonding process. If the project is initiated, the feasibility 770 study will be completed and public hearings held. However, the project is not approved until after the 771 referendum and 60 -day time period. After that the Council can move forward and order the plans and 772 specs. 773 774 Councilmember Carlson stated that she probably will not support this resolution. She reviewed the 775 process that occurred with the Lakes Addition project. Also, this does notallow an opportunity for 776 residents on West Shadow Lake Drive and Shenandoah to testify and petition against the project after 777 they got the costs if they chose to not participate. She stated in 1997 those processes were conducted 778 well in advance but, in this case, it is being put on the ballot before the feasibility study is received. 779 780 Community Development Director Grochala stated he realizes this is "coming down to the wire" to 781 get it onto the ballot. However, the issue is that the language needs to be submitted by September 782 12th in order to get it on the ballot. He stated it is the intent to receive the feasibility study and hold 783 the public hearing prior to the election. Community Development Director Grochala noted that the 784 only thing that will not be addressed is expiration of the 60 -day time period. He noted that if 785 someone does petition against a project, it would not be done. AirW86 W87 Councilmember Carlson stated that on September 4, 2002 it was too late to get it on the ballot and, at 788 that time, a Councilmember had suggested getting the process started in January. She stated her 789 concern is not holding the public hearing prior to putting the question on the ballot. 790 791 Mayor Bergeson stated he owns property on one of these streets and will abstain from voting. He 792 asked Councilmember Reinert to chair the meeting during discussion and action on this item. 793 794 City Attorney Hawkins stated his opinion that since it is not a direct financial benefit, the Mayor has 795 the ability to take action on this agenda item if he wishes. 796 797 Mayor Bergeson stated that while he may vote on this item, he will ask Councilmember Reinert to 798 complete discussion. 799 800 Acting Mayor Reinert asked if there were additional questions of the Council. 801 802 Councilmember Dahl asked if neighborhood meetings have been held. Community Development 803 Director Grochala answered in the affirmative and reviewed the areas involved. He stated the 804 response was generally very positive and included discussions of sanitary sewer and water. He noted 805 that this project has been discussed for a long period of time and the streets are in need of repair. 806 807 Councilmember Dahl asked if there were any negative comments. Community Development Director 808 Grochala stated there was at least one individual who did not support the project and didn't want it to Ag09 happen. 10 17 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 811 Councilmember Dahl asked if it will only involve street improvements. Community Development .312 Director Grochala stated that will depend on the area and whether petitions are received for other 813 utilities. 814 815 Councilmember Dahl asked if sewer and water will be extended down West Shadow Lake Drive. 816 Community Development Director Grochala stated nothing will happen unless those residents 817 petition for sanitary sewer and water. 818 819 Councilmember Dahl asked about this process not including the full 60 -day comment period and 820 requested a legal opinion. City Attorney Hawkins stated his opinion that this procedure follows the 821 City Charter. However, the City cannot order the project until the 60 -day comment period expires. 822 823 Councilmember Carlson asked why the process followed previously is not being followed this time. 824 Community Development Director Grochala stated that it was simply a matter of timing and trying to 825 get all of the projects addressed. 826 827 Councilmember Carlson stated she would like to know how these roads will be paid for. Community 828 Development Director Grochala stated the road would be paid for by assessments and tax levy. He 829 explained that the City tries to treat everyone fairly so an assessment policy was set up. If there are 830 assessments on 62nd Street, then additional MSA funds will be available that can be used on other 831 street projects. 832 833 Councilmember Carlson noted that 62nd Street petitioned against improvement because they knew 34 that Ware Road was not assessed. She stated some of her concerns have been addressed in this 1,835 conversation but she would have been more comfortable if all the questions had been answered prior 836 to putting it on the ballot for a vote. 837 838 Community Development Director Grochala noted the ballot only gives the Council the authority to 839 bond for the project but the 429 and Charter processes must still be followed. 840 841 Councilmember Carlson stated the Council had more detail and preparation before the park 842 referendum was placed on the ballot and it was still defeated. 843 844 Acting Mayor Reinert noted that action on this issue must be taken tonight due to the timing. He 845 stated the Council would like more public input but a decision is needed tonight on this item. Acting 846 Mayor Reinert noted that taking action tonight does not prevent anyone from petitioning against the 847 project and there will be plenty of opportunity for public input before the dollars are expended. 848 849 Councilmember O'Donnell moved to adopt Resolution No. 03-153, Authorizing Referendum for 850 2004-2005 Street Reconstruction Projects. Councilmember Dahl seconded the motion. 851 852 Councilmember Dahl referred to the newsletter article that was written and stated she anticipates there 853 will be telephone calls. Interim City Administrator Tesch stated the next City newsletter will be the 854 last week of November. 855 856 Acting Mayor Reinert asked if the ballot language can be changed after action tonight. Community 857 Development Director Grochala stated the language has been reviewed by legal counsel and is set 58 with the exception of the dollar amounts. 18 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 859 .60 Councilmember Carlson asked about the percentages to be paid. Community Development Director 861 Grochala stated that 89% would be paid by the City and 11% by assessments. He reviewed a past 862 project and noted that in this case there is a higher cost and fewer lots. 863 864 Motion carried unanimously. 865 866 Resolution No. 03-153 can be found in the City Clerk's office. 867 868 Mayor Bergeson resumed presiding over the meeting. 869 870 UNFINISHED BUSINESS 871 872 A. Approval of minutes of August 6, 2003 Council Work Session 873 874 Councilmember Carlson moved to approve the August 6, 2003 City Council Work Session minutes, 875 as presented. Councilmember Dahl seconded the motion. 876 877 Motion carried 3-0-2 with Councilmember O'Donnell and Mayor Bergeson abstaining. 878 879 NEW BUSINESS 880 881 A. Approval of minutes of August 11, 2003 City Council Meeting •83 82 Councilmember Dahl requested that the August 11, 2003 City Council meeting minutes be removed 884 from consideration at this time. 885 886 B. Approval of minutes of August 13, 2003 Budget Work Session 887 888 Councilmember Dahl moved to approve the August 13, 2003 Budget Work Session minutes, as 889 presented. Councilmember O'Donnell seconded the motion. 890 891 Motion carried unanimously. 892 893 C. Approval of minutes of August 20, 2003 Council Work Session 894 895 Councilmember Carlson requested that the August 20, 2003 City Council Work Session meeting 896 minutes be removed from consideration at this time. 897 898 COMMUNITY CALENDAR SEPTEMBER 9, 2003 THROUGH SEPTEMBER 22, 2003: 899 900 A) Environmental Board Meeting, Wednesday, September 10, 2003, 6:30 p.m. 901 902 B) Planning & Zoning Board Meeting, Wednesday September 10, 2003, 6:30 p.m. 903 904 C) Council Work Session, Wednesday, September 17, 2003, 5:30 p.m. — 7:00 p.m., 905 Discussion of Council Roles and Responsibilities 1.06 19 COUNCIL MINUTES SEPTEMBER 8, 2003 APPROVED 907 D) Countywide Legislative Meeting, Wednesday, September 17, 2003, 7:00 p.m., in 008 the Community Room (following Council Work Session) 909 910 E) Council Work Session, Wednesday, September 18, 2003, 5:30 p.m., Regular 911 Work Session agenda items 912 913 F) City Council Meeting, Monday, September 22, 2003, 6:30 p.m. 914 915 ADJOURN 916 917 There being no further business, Councilmember Reinert moved to adjourn at 10:55 p.m. 918 Councilmember Dahl seconded the motion. 919 920 Motion carried unanimously. 921 922 923 924 925 These minutes were considered and approved at the regular Council Meeting, October 13, 2003. 926 Ann Blair,ty Clerk 927 928 Transcribed by: 929 Carla Wirth 30 TimeSaver Off Site Secretarial, Inc. 1,931 20