HomeMy WebLinkAbout08-22-2016 Council Meeting MinutesCOUNCIL MINUTES
APPROVED
August 22, 2016
1 CITY OF LINO LAKES
2 MINUTES
3
4
5 DATE August 22, 2016
6 TIME STARTED 6*35 p.m.
7 TIME ENDED 9*05 p.m.
8 MEMBERS PRESENT Council Member Rafferty, Kusterman, Maher,
9 Manthey, and Mayor Reinert
10 MEMBERS ABSENT
11
12 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael
13 Grochala; City Engineer Diane Hankee; City Planner Katie Larsen; Finance Director Sarah Cotton;
14 Director of Public Safety John Swenson; and City Clerk Julie Bartell
15
16 PUBLIC COMMENT
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18 No one was present to address the council regarding a matter not on the agenda.
19
20 SETTING THE AGENDA
21
22 The agenda was approved as presented.
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24 CONSENT AGENDA
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26 Council Member Rafferty moved to approve the Consent Agenda, Items IA through 1F, as presented.
27 Council Member Maher seconded the motion. Motion carried on a voice vote.
28
29 ITEM ACTION
30
31 Consideration of Expenditures.
32
33 August 22, 2016 (Check No. 104243 —
34 104375, $62%047.07) Approved
35
36 August 1, 2016 Council Work Session
37 Minutes Approved
38
39 August 8, 2016 City Council Meeting Approved
40 Minutes
41
42 Resolution 16-91, 14 Day Temp. Liquor License for
43 the Lino Lakes Lions Club's Annual Prime Rib Dinner Approved
44
45 Resolution 16-92, Authorizing Issuance of a Special Event
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COUNCIL MINUTES
August 22, 2016
APPROVED
46 Permit for Waldoch Farm, Inc. Pumpkin Patch and
47 Corn Maze Approved
48
49 August 8, 2016 Work Session Minutes Approved
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51 FINANCE DEPARTMENT REPORT
52
53 There was no report from the Finance Department.
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55 ADMINISTRATION DEPARTMENT REPORT
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57 There was no report from the Administration Department.
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59 PUBLIC SAFETY DEPARTMENT REPORT
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61 There was no report from the Public Safety Department.
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63 PUBLIC SERVICES DEPARTMENT REPORT
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65 There was no report from the Public Services Department.
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67 COMMUNITY DEVELOPMENT DEPARTMENT REPORT
68
69 6A) Public Hearing. Consider Resolution No. 16-80, Approving Municipal Consent, I-35W
70 North Corridor Improvements - City Engineer Hankee introduced Dave Nelson, consultant to
71 MnDOT, who gave a presentation (on file) reviewing the project and the noise wall proposal
72 including:
73 - Project funding and timing;
74 - Project scope (on a map);
75
76 Council Member Rafferty asked about a bridge at Highway 10 that is brand new and if changes would
77 be required; Mr. Nelson explained that the bridge was constructed to allow for the proposed
78 improvements.
79
80 Mr. Nelson explained that there are two noise wall designs proposed within the project and he showed
81 pictures of each to the council. Council Member Rafferty asked if there has been any analysis of
82 why the walls are requiring frequent painting; Mr. Nelson indicated he had no specific information on
83 that subject.
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85 A map of the managed lanes south of Lino Lakes was reviewed.
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87 Mayor Reinert said he is opposed to the MnPass program; he appreciates not having toll roads and is
88 concerned that MnPass lanes may lead to that situation. He is happy to see the needed lanes coming
89 to the area but again is concerned about charging people to drive upon them. He is going to ask for
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August 22, 2016
APPROVED
90 postponement of the resolution on this matter; the city attorney will be consulted on the addition of
91 language regarding those concerns.
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93 Mayor Reinert opened the public hearing.
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95 There being no one present wishing to speak, the public hearing was closed.
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97 Mayor Reinert moved to postpone consideration of Resolution No. 1640 pending a discussion with
98 the city attorney and further council review. Council Member Kusterman seconded the motion.
99 Motion carried on a voice vote.
100
101 613) St. Clair Estates
102 i) Consider Resolution No. 16-78 Approving Variance and Preliminary Plat
103 City Planner Larsen noted the St. Clair Estates development and previous council direction postponing
104 consideration. Approval of a variance and a preliminary plat are now being brought forward again for
105 consideration.
106 Ms. Larsen reviewed a presentation including:
107 - Location of the proposed project;
108 - A neighborhood map indicating surroundings of the proposed development area;
109 - The preliminary plat map;
110 - Inclusion of a bike trail, a sidewalk and an emergency access/pedestrian trail;
i 11 - Comprehensive Plan consistency;
112 - Project density (gross and net density indicated);
113 - Consistency with zoning requirements.
114 Ms. Larsen indicated a focus has developed regarding traffic, access to Birch Street and the length of the
115 cul-de-sac included in the project. She intends to provide more information on those areas.
116 Traffic —all developers are required to submit a traffic study with a development such as this including
117 traffic counts. The traffic information gained on this project indicated in a study does not project traffic
118 that will exceed 1,000 trips per day. The study also includes information on levels of service.
119 Information was presented on what criteria the city's subdivision ordinance includes that would indicate
12o that this is a premature development; that criteria is not met.
121 On the question of access to Birch Street, Ms. Larsen recalled a corridor study done recently that
122 examined Birch Street. Staff did review this proposal in light of this corridor study and found it to be in
123 compliance with the findings of that study. Included in the study was right ins/right outs. Staff did ask
124 the developer what would happen if Hokah Drive became a right in/right out access, noting that would be
125 a county driven decision. The study results of that scenario were reviewed and they still met the under
126 1,000 trips per day criteria. Ms. Larsen introduced Doug Fisher, Anoka County Engineer, present to
127 speak on the subject.
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128 Mayor Reinert asked, when would a right in/right out take effect? Ms. Larsen indicated that would be a
129 county driven decision and they are now in the analysis phase of reviewing traffic in the area. Mayor
130 Reinert noted that the council is attempting to look at a macro view so getting that longer term
131 information is important. He is interested in a Totem Trail access as a possible option; he is concerned
132 that the right in/right out element is problematic for this project. Ms. Larsen noted that staff will be
133 requiring the developer to straighten out a "bulb" on the street that will increase safety and allow for
134 future possible extension. She noted the presence of a WSB traffic engineer and his findings relating to
135 different access scenarios, with the understanding that Anoka County findings will be a part of what
136 happens.
137 Mayor Reinert called for the council to discuss the Totem Trail option. Anoka County Engineer Doug
138 Fisher told the council that staff outlined the situation well. When the county reviewed the preliminary
139 plat, it was done with consideration of their corridor study gearing up. They have heard about internal
140 traffic concerns and that isn't unusual. He feels that as traffic continues to increase on Birch Street, it is
141 inevitable that Hokah Drive will become a right in/right out. The corridor study also provides insight on
142 improvements in the area and those are moving along. One area in particular is near the elementary
143 school where they think improvement is needed. There is an opportunity that Enid Trail could line up
144 with Birch and while that is not a definitive plan at this time, the county did ask that the cul-de-sac allow
145 for the option in the future. The county often does connections as part of a county project with county
146 costs — removing access from the county road and making adjustments on local roads. In order to keep
147 Birch as a two-lane, there must be access considerations and that can squeeze the most out of keeping the
148 street as a two-lane. Timing of improvements could possibly fall within their five year plans. We all
149 need Birch Street to operative efficiently and safely.
150 The mayor asked if the connection with Totem is a realistic option. Mr. Fisher said yes, considering
151 plans for the street and to increase the width of the street; the county owns one parcel but there are two
152 houses where access would be removed. Mayor Reinert asked if the city would have to approve a
153 change for Hokah and Mr. Fisher said the county can move without local approval if safety is a concern.
154 He confirmed that Hokah isn't a concern right now even with the addition of 35 homes. Mayor Reinert
155 asked if the connection is desirable to the county and Mr. Fisher said that the county is sensitive to issues
156 outside of the county roads and includes public input in decisions; he is being realistic in saying that
157 there needs to be something offered along with a change like right in/right out at Hokah.
158 A council member discussed with Mr. Fisher the county's future plans for the vicinity. Mr. Fisher
159 mentioned preliminary ideas about improvements around the elementary school; the changes around
160 Enid Trail and Totem would be shorter term. Council Member Kusterman asked where cost benefit
161 weighs in the county decisions, or is it only safety consideration. Mr. Fisher said every project has a cost
162 consideration that the county reviews; modifying access when it gains the most positive impact has a
163 high value to the county.
164 Council Member Kusterman asked about the city's 1,000 trip threshold and how that was developed? A
165 WSB engineer explained that the figure is a general standard used nationally based on the average
166 number of trips per residential units; there is consideration of road length and impact of adjoining streets,
167 etc.
168 Council Member Maher suggested that the city has a policy that developers should handle the costs
169 needed for transportation improvements related to their development. It bothers her that in this case, the
170 city/county are looking at the improvements. Ms. Larsen explained that the development itself doesn't
COUNCIL MINUTES
August 22, 2016
APPROVED
171 call for the traffic changes; based on its own criteria the city doesn't have any bearing or rationale to call
172 for the developer to fund changes. Council Member Maher suggested that in her view the goals of the
173 city's comprehensive plan (that calls for connectivity) isn't met with this development. Ms. Larsen
174 explained that connectivity is a basic part of planning and is always a consideration. Pedestrian
175 connectivity is included in the plans for this development and that has been a major requirement included
176 in the plans. The roadway changes could be the next phase of this development, based upon the
177 comments of the county.
178 Ms. Larsen continued her presentation by reviewing the variance request. It relates to the length of the
179 cul-de-sac and the city requirements on length relate to access to emergency services. That concern is
180 mitigated in the plans by requiring the special emergency access trail. Council Member Maher asked if
181 the mitigation of the cul-de-sac situation is related to the development directly; she doesn't necessarily
182 support continuing the practice of granting a variance for a lengthy cul-de-sac. Further economic
183 consideration so that a developer can include more lots shouldn't be a part of variance consideration.
184 Mayor Reinert suggested that the right in/right out is driving the issue.
185 Mayor Reinert opened the floor for resident comment.
186 David Parent, 6629 Sioux Lane, concurs with the right in/right out being the heart of the issue. He has a
187 family and children on this street. The question of 1,000 trips comes to mind and is 1001 different. He
188 feels that the traffic study numbers are relative to such thing as time of year — trips can vary. He
189 appreciates that the council is taking the matter seriously and looking at how it will impact the
190 neighborhood.
191 Melissa Manthey, 6606 Sioux Lane, agrees with Mr. Parent's comments about the timing of a traffic
192 study. There are more trips at different times of the year. She hears about walkability being a
193 consideration but she feels this takes away that ability from the existing neighborhood. She would like
194 the council to consider a development that meets the needs of the area. More options are available for
195 development that will fit better.
196 City Engineer Hankee noted that the trip generation data was actually developed with factoring in times
197 of the year. The WSB and Associates traffic engineer added that the traffic counts were done in early
198 May and that data is adjusted.
199 Colleen Brewster, 6591 Hokah Drive, noted that Hokah Drive wasn't intended to be so long for such an
20o extended period. Other access was planned but didn't happen. She goes through Spirit Hills because
201 she doesn't like to make a left hand turn onto Hokah. So she does add to traffic in the neighborhood but
202 she respects the area by keeping her speed low and driving safely. She requests that the council not base
203 the decision on Hokah Drive.
204 Jeremy Stimson, 6621 Sioux Lane, used the presentation materials to point out an option that would
205 improve traffic for his street. Residents are looking to move away from the 1,000 trips per day. It's too
206 many when you're living on that street with children. Most people are traveling within a few hours each
207 day so that's a lot during peak periods. He asks the council to be mindful of the issues surrounding this
208 and of the city charter. He feels the city could require more through the variance.
209 Mayor Reinert noted that his philosophy on development in the city is based on liberty —but that means
21 o consideration on both sides of the discussion. One person lives there and another person owns the land.
211 The addition of tax base for the city is the last thing on his mind. He isn't against development but is
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APPROVED
212 opposed to high density or low quality development. He recognizes the impact of good development on
213 the city overall.
214 Mr. Stimson asked about the possibility of closing the access point completely at Hokah and moving
215 access to Totem Trail. The mayor responded that is a conversation that should occur when the county is
216 looking at making the change at Hokah. County Engineer Fisher said all options are still on the table as
217 the county moves forward on review but he can say that they are not looking at full access at Totem
218 because there are environmental considerations. While they are looking, all the issues will be discussed
219 and considered. What he is trying to convey from the county's standpoint is that there is a plan to
220 alleviate traffic as he has presented.
221 Mayor Reinert said the city is trying to make sure people have their voice heard on this matter. He
222 thinks the issue here is what happens in the future.
223 The council discussed postponement; staff explained that the statutory timeline is upon this — a decision
224 must be made at this point.
225 Mr. Parent noted that the information on the city website suggests that there were two different dates for
226 the traffic study data and that the traffic may rise to over 1,000 in consideration.
227 Ms. Larsen noted that the May figures were estimates and was used for the study. There was additional
228 information was put together but the May data was used for that also. Staff confirmed that traffic was
229 not measured in June and that there was speed data collected.
230 Council Member Maher suggested that the city's comprehensive plan includes a provision that calls for
231 more mixed use to take the burden off of residential taxpayers. She doesn't see that part of the
232 Comprehensive Plan supporting this development.
233 Mayor Reinert noted that he will probably be voting for this; he doesn't prefer the length of the cul-de-
234 sac but sees mitigation with the access trail; the Birch Street change is a factor out there; he noted the
235 size of 35 homes and lots.
236 The council directed staff to continue to work with Anoka County on their future roadway plans for the
237 area and to ensure the city's involvement in those discussions.
238 Council Member Maher noted a memo from the City Engineer regarding storm water concerns and she
239 doesn't see those concerns addressed in the staff recommendation. Ms. Larsen explained that this is a
240 preliminary plat and it's not uncommon for that type of matter to be resolved as part of final approval.
241 Mayor Reinert confirmed that the county is on board with the emergency access plan.
242 Council Member Kusterman asked for confirmation that sidewalks couldn't be added to Sioux Lane and
243 Community Development Director Grochala explained that the addition of sidewalks would be based on
244 cost and location considerations involving the residents.
245 Council Member Kusterman moved to approve Resolution No. 16-78 as presented. Council Member
246 Manthey seconded the motion.
247 Council Member Manthey thanked the residents for their involvement and for providing information. He
248 understands the traffic and safety issues involved and he feels the county is willing to work on the
249 situation and the future will include the involvement of the area and perhaps discussion of sidewalks.
250 Motion carried. Council Member Maher and Rafferty voted no.
COUNCIL MINUTES August 22, 2016
APPROVED
251 Council Member Kusterman moved to direct staff to work with the county on their study of the Birch
252 Street corridor to ensure that the city has a voice and is actively involved in future street planning.
253 Mayor Reinert added that an annual report is required. Mayor Reinert seconded the motion. Motion
254 carried on a voice vote.
255 6C) Public Hearing. Consider lst Reading of Ordinance No. 08-169 Vacating Drainage and Utility
256 Easement, Village No. 3 - City Planner Larsen reviewed a presentation (on file) indicating the location
257 of Outlot B and Outlot D. They will be rededicated on the new plat for the development. The ordinance
258 before the council does require a public hearing and that has been scheduled for this evening.
259 Mayor Reinert opened the public hearing.
26o There being no one present wishing to speak, the public hearing was closed.
261 Council Member Rafferty moved to approve the first reading of Ordinance No. 0&16 as presented.
262 Council Member Maher seconded the motion. Motion carried on a voice vote.
263 6D) Consider 1st Reading of Ordinance No. 09-16, Amending City Code Section 1007 by
264 Adding Section 1007.056 Opting -Out of Requirements of the Temporary Housing Provisions of
265 Minnesota Statutes, Section 462.3593 — City Planner Larsen explained that the ordinance would allow
266 the city to opt out of new state regulations allowing for certain temporary residences. Staff has
267 determined there are too many unknowns in allowing such structures. There are provisions within the
268 city code that allow for accessory buildings and staff is comfortable with those. Council Member
269 Kusterman noted that the city could reconsider if that becomes an appropriate topic in the future.
270 Council Member Manthey moved to approve the first reading of Ordinance No. 09-16 as presented.
271 Council Member Kusterman seconded the motion. Motion carried on a voice vote. Council Member
272 Maher voted no.
273 6E) Consider Resolution No. 16-93, Authorizing Intersection Control Evaluation (ICE) for
274 Centerville Road and CR J - Community Development Director Grochala reviewed his written report
275 regarding authorization to gain additional information on options for this intersection. This would be an
276 intersection control evaluation. The city's contract engineering firm, WSB and Associates is proposing
277 to do the work and the cost would be divided among the four impacted jurisdictions. This moves toward
278 getting improvement at the intersection. Council Member Manthey confirmed that the work will include
279 consideration of the development preliminarily proposed for the area. Council Member Kusterman
280 asked about the schedule for a study and Director Grochala remarked that it would begin soon and they
281 will try to avoid as much construction impact as possible.
282 Council Member Maher moved to approve Resolution No. 16-93 as presented. Council Member
283 Kusterman seconded the motion. Motion carried on a voice vote. Council Member Rafferty abstained
284 from voting.
285 6F) Consider Resolution No. 15-94, Costs to be Assessed and Ordering Preparation of Proposed
286 Assessments, Otter Lake Road Extension —Community Development Director Grochala reported on
287 the staff recommendation to assess costs for the Otter Lake Road Extension project. There has been
288 some legal discussions along the way that have now been settled. At this point the assessment process is
289 appropriate to commence. He reviewed briefly the funding for the project. Staff will return with an
290 assessment roll and request for a public hearing on the assessments.
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292
APPROVED
August 22, 2016
Council Member Kusterman moved to approve Resolution No. 15-94 as presented. Council Member
Maher seconded the motion. Motion carried on a voice vote.
293 6G) Consider Resolution No. 16-96, Approving Release Agreement for 1599 Birch Street,
294 Birch/Centerville Turn Lane and Utility Improvements — City Engineer Hankee reviewed the written
295 staff report outlining a request to execute an agreement relative to a situation involving the Birch Street
296 and Centerville Road turn lane and utility improvement project. Mayor Reinert explained that there has
297 been some work done to bring utilities to the area and some ground work wasn't done and that caused an
298 issue with a driveway. This is the city's way of compensating for that situation. He has spoken with the
299 impacted property owner, Mr. Lee (who was present in the audience). Mayor Reinert said he
300 understands that while there isn't full agreement in what has happened, there is agreement on a
301 settlement.
302 Council Member Kusterman moved to approve Resolution No. 16-96 as presented. Council Member
303 Rafferty seconded the motion. Motion carried on a voice vote.
304 6H) Saddle Club Fox Road Extension, Michael Grochala
305 i. Consider ResolutionApproving Purchase Agreement with
306 Comcast for Fox Road Extension
307 ii. Consider 1st Reading of OrdinanceApproving Sale of Land to
308 Dupont Holdings, LLC, Fox Road Extension
309 Community Development Director Grochala reviewed the two items requested for action. The first
310 is a proposed purchase agreement that would provide for land acquisition for the roadway extension.
311 The price was reviewed with a note that the cost will come back to the city by resale of the property to
312 the developer. The ordinance provides for that sale of the land.
313
314 Council Member Rafferty moved to approve Resolution No. 16-95 as presented. Council Member
315 Manthey seconded the motion. Motion carried on a voice vote.
316
317 Council Member Rafferty moved to approve the first reading of Ordinance No. 10-16 as presented.
318 Council Member Maher seconded the motion. Motion carried on a voice vote.
319
320 UNFINISHED BUSINESS
321
322 There was no Unfinished Business,
323
324 NEW BUSINESS
325
326 There was no New Business.
327
328 COMMUNITY CALENDAR
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Community Calendar -A Look Ahead
August 22, 2016 through September 12, 2016
Wednesday, August 31 6:30 pm, Council Chambers Environmental Board
Thursday, September 1 8:00 am, Community Room EDAC
COUNCIL MINUTES
August 22, 2016
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APPROVED
� Tuesday, September 6 6:00 pm, Community Room Council Work Session
� Tuesday, September 6 6:30 pm, Community Room Park Board
�. Monday, September 12 6:30 pm, Council Chambers City Council Meeting
ADJOURN
There being no further business, Council Member Rafferty moved to adjourn at 9:05 p.m. Council
Member Maher seconded the motion. Motion carried unanimously.
These minutes were considered and approved at the regular
Bartell, City
Jeff R/eirfe✓rt, Mayor
12, 2016.