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HomeMy WebLinkAbout05-11-2009 Council Minutes COUNCIL MINUTES May 11, 2009 APPROVED 1 CITY OF LINO LAKES `— 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE : May 11, 2009 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 8:45 p.m. 8 MEMBERS PRESENT : Council Members Gallup, Reinert, O'Donnell, 9 Stoltz, and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 Staff members present: Director of Administration, Dan Tesch; City Attorney, Joseph Langel; 13 Director of Community Development, Michael Grochala; Public Safety Director, Dave Pecchia; 14 City Engineer, Jim Studenski; City Planner, Paul Bengtson; and City Clerk, Julie Bartell 15 16 PUBLIC COMMENT 17 18 Mike Trehus, 675 Shadow Court, told the council of his concern that people were told at the 19 April 27 council meeting that they shouldn't speak (on the comprehensive plan matter) because 20 the public hearing had already been held. He noted concern that the system statement associated 21 with the city's comprehensive plan has not been handled as required. The Metropolitan Council 22 has no record of the document being submitted and he would like matter researched. 23 '. 24 SETTING THE AGENDA 25 26 The agenda was approved as presented. 27 28 SPECIAL PRESENTATION 29 30 Officer Adam Halvorson, Lino Lakes Police Department, was presented with an award 31 recognizing his contributions to the Anoka County DWI Task Force and other exceptional public 32 safety work. The award was presented by Lino Lakes Police Sergeant Bill Hammes. 33 34 CONSENT AGENDA 35 36 Council Member Reinert moved to approve the Consent Agenda. Council Member O'Donnell 37 seconded the motion. Motion carried. 38 39 ITEM ACTION 40 41 Consideration of Expenditures: 42 i) May 11, 2009 (Check No. 85584 through 85689), 43 $283,559.20; Approved 44 ii) Centennial Fire District (Check No. 3735 through 3753), 45 $29,910.77 Approved •N., 46 1 COUNCIL MINUTES May 11, 2009 APPROVED 47 Approval of April 27, 2009 Council Work Session Minutes Approved �--48 49 Approval of April 27, 2009 City Council Meeting Minutes Approved 50 51 Resolution No. 09-28, Approving temporary on-sale liquor 52 License for St. Joseph's Church fall festival, August 8-9, 2009 Approved 53 54 Authorization of execution of contract with Mr. James Lynn, 55 ICMA Consulting Services,for facilitating strategic planning 56 process Approved 57 58 FINANCE DEPARTMENT REPORT,AL ROLEK 59 60 There was no report from the Finance Department. 61 62 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 63 64 There was no report from the Administration Department. 65 66 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 67 68 4A. Consideration of Resolution No. 09-31, accepting donations from the Lino Lakes 69 Lions of$1340 for School Safety Patrol Appreciation Day and $500 for the Senior Safety `-70 Fair—Public Safety Director Dave Pecchia requested that staff be authorized to accept these two 71 generous donations from the Lino Lake Lions Club. 72 73 Council Member Stoltz moved to approve Resolution No. 09-31 as presented and to offer thanks 74 to the Lino Lake Lions Club for the donations. Council Member Gallup seconded the motion. 75 Motion carried. 76 77 PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER 78 79 There was no report from the Public Services Department. 80 81 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 82 6A. Consideration of Resolution No. 09-23, Preliminary Approval of 2030 Comprehensive 83 Plan for Submittal to Metropolitan Council—Community Development Director Grochala 84 reviewed the process that has brought the Comprehensive Plan Update (the Plan)to this point, 85 including a quality of life survey of the residents, a citizen visioning effort and staff/consultant 86 work with a Comprehensive Plan Advisory Panel. The Plan has had two public hearings before 87 the Planning and Zoning Board and there have been three open houses for the public as well. 88 The Plan has been recommended for approval by the Planning and Zoning Board twice. He 89 reminded the council that the city is under deadline to submit the Plan to the Metropolitan 90 Council for their review by May 29, 2009. The city did send out the Plan to adjacent 91 jurisdictions, received their comments and have responded and incorporated those comments as 92 indicated in the staff report. Staff has as well made some clarifications or corrections to the Plan 2 COUNCIL MINUTES May 11, 2009 APPROVED 93 that are explained in the staff report. He reviewed the council's revisions to this point. Also x-94 noted were the several landowner requests for revision to the future land use map and utility 95 staging plan. 96 Mr. Grochala acknowledged that the council has discussed the possibility of lowering the 97 forecast statement. The original regional forecast had the city at 10,600 households by 2030 and 98 going back to that would be about 2,000 households less than the 6,600 proposed in the Plan 99 before the council. There would be some additional consultant assistance required to roll back 100 some of the accompanying plans such as transportation and sewer but staff has determined they 101 would not have to make any land use changes or changes to employment forecasts. 102 The council requested an opinion from the city attorney regarding the rules of consideration of 103 the Plan and an explanation of the Metropolitan Council rules and regulations if the council were 104 to delay submission of the Plan. 105 Attorney Langel explained that city council approval requires four out of five votes per state 106 statute. Regarding the Metropolitan Council, the city is under extension to submit the Plan with 107 a current deadline of May 29, 2009; the statute doesn't provide for a penalty if that isn't met. 108 The following individuals addressed the council regarding the proposed Plan. 109 110 Theresa Weinkauf, 797 Main Street. As a 33-year resident and current business owner, she is 111 concerned that her property continues to be zoned (guided) for commercial use. The Plan calls 12 for her property to be guided residential. The Planning and Zoning Board denied her request for 113 a revision to the Plan but suggested that they would possibly consider changes to the zoning 114 ordinance as it relates to home businesses that could impact her property, or suggested that she 115 could seek a conditional use permit. She bought the property as commercial and wishes for it to 116 remain that way. 117 118 Community Development Grochala explained that Ms. Weinkauf has a situation where zoning 119 and comp plan designation/guidance for the property are not consistent. Staff saw a driveway at 120 the property as a natural place to draw the line for zoning. If the council wishes to make a 121 change to mixed use in the area, staff would like to look at the change on an area-wide basis. 122 123 The council concurred that they don't desire to make a zoning change without proper review. 124 They will further review this matter at a work session, knowing that the council has authority to 125 change the Plan. 126 127 Jeff Joyer, 8174 Lake Drive, submitted a letter to the council requesting that his property, the 128 Waldoch Farm Garden Center located in the 8100 block of Lake Drive, not be moved from 129 commercial zoning but rather that the Plan allow a 600 x 600 foot area to be designated as 130 commercial recognizing that is its current use and to allow for future growth of that business. 131 Although it has been suggested that the definition of"nursery" allows the business to sell what 132 they grow, the business is well beyond that now and expects to grow further. 133 34 Community Development Director Grochala noted that the area in question would be guided for `-135 mixed use post 2030 and is so because sewer and water aren't planned in the near future. Staff 3 COUNCIL MINUTES May 11, 2009 APPROVED 36 recognizes the need to look at the zoning definitions involved and plans to do so through the '■—i 37 normal process. 138 139 Bonestroo consultant Ciara Schlicting explained that Mr. Joyer's is a case where the zoning for 140 the property and the Plan don't match and the comp plan trumps the zoning designation. She 141 concurs that dealing with the zoning definition is an appropriate way to address the concerns. 142 143 The council will review the concerns with this property at an upcoming work session. 144 145 Amy Donlin, 6100 Centerville Road. Ms. Donlin stated that she believes the Plan presents a 146 growth philosophy that is misguided and too fast for this community. The 6,000+new homes 147 proposed would more than double the current population and severely threaten the open space 148 that this community so greatly values. There is something precious and special about Lino Lakes 149 and this growth threatens it. The council should lower the number/goal for growth in the Plan. 150 151 Mary Ann McDougal, 6116 Baldwin Lake Road. Ms. McDougal stated that she has seen much 152 change in her 34 years living in Lino Lakes. She has unusual plant species growing on her 153 property that need to be protected. She asked if the Plan would in any way preclude her from 154 putting her land in a land trust. Regarding the matter of affordable housing, Ms. Baldwin stated 155 that she doesn't believe that housing costs should be subsidized for anyone. 156 157 Community Development Director Grochala explained that nothing in the Plan would limit a 58 property owner's ability to participate in a land trust. • 59 160 Mary Jo Antonsen, 546 Aqua Circle. Ms. Antonsen asked why so much growth is being 161 proposed for the city; why is it different from the original regional forecast? 162 163 The mayor clarified that the Plan before the council reflects the results of the citizen driven 164 process (survey, visioning, advisory panel). A council member added that the forecast is driven 165 by aggressive plans of the Metropolitan Council. The city did its own market study and that's 166 where the 6,600 figure came up. Staff added that the conservation development process uses the 167 economies of development and regulations as a way to protect and preserve some environmental 168 elements that otherwise wouldn't be protected. The resource management plan included in the 169 Plan comprehensively incorporates protection and enhancement of many elements. The goal 170 that came out of the citizen driven process is to manage growth appropriately in consideration of 171 the environment, transportation, and sewer and water so the city expands in a progressive 172 manner, caring for its resources while developing. The market element is not always known and 173 obviously the market is saying now that the forecast won't be met but the Plan can be revisited. 174 175 Ms. Antonsen suggested that she doesn't understand how increasing growth saves the 176 environment and also she fears that growth is promoted mainly to increase the tax base. 177 178 Mike Trehus, 675 Shadow Court. Mr. Trehus stated that Lino Lakes is not the 600 Town Center 179 Parkway building; it is not a handful of appointees; it is the people who live in the city and the '80 council needs to represent those people. The homes in the city are 90% single-family; the Plan 81 would transform that to 21%. He is concerned with the number of affordable units proposed by 4 COUNCIL MINUTES May 11, 2009 APPROVED 82 the Plan. Why is the City of North Oaks being asked to add only 51 new units and Lino Lakes is '83 looking at 1,200? The system statement for the Plan calls for approximately 3,000 new homes 184 over twenty years and he wonders how that number has gone up to 6,600? The city isn't about 185 the people who work at city hall. If the council wants to cite what the citizens want, he suggests 186 they look at the recent citizen survey and see just how much the residents value the rural setting 187 of the city, how much they don't want growth and how much they don't want higher taxes. This 188 Plan will bring about the ruin of the city and the fact is that the Metropolitan Council isn't even 189 asking for the numbers being presented in the Plan. 190 191 Christopher Lyden. Mr. Lyden asked the council to heed the facts they have heard. He offered 192 the quote"structure will define function" and noted that reflects the Plan. The blood, sweat and 193 tears that went into establishing the 146 limit will be lost. The city should grow slowly with 194 quality and the 3,000 figure versus the 6,000 number is closer to what people here want. On the 195 issue of affordability, he recognizes that the Metropolitan Council wants to spread it around but 196 ten percent would be a more reasonable figure. 197 198 Rob Rafferty, 1573 Merganser Court. Mr. Rafferty remarked that he was part of the advisory 199 board that worked on the Plan and knows there was a lot of hard work involved among the 200 citizens, staff and even the council. The effort of updating this Plan is a big one. Even as one 201 who worked on the Plan process, however, he has to come forward and question how the large 202 numbers got into the Plan. People who live in the city like the lower density and the Plan would 203 change that and he doesn't know that it's the right direction. The Plan needs further review. '04 '--z.05 Council Member Reinert moved that Resolution No. 09-23 be tabled to the next meeting with 206 direction to staff to work on ordinances to reduce/control the affordable housing element and to 207 look at how to lower the overall forecast number. Council Member O'Donnell seconded the 208 motion but requested that the motion include recognition that the council will need to have a 209 work session prior to a council meeting to allow for more discussion. Council Member Reinert 210 concurred. Motion carried. Council Members Stoltz and Bergeson recorded as voting"no". 211 212 The mayor announced that one council member will be absent from the May 26 meeting. 213 214 The council took a short recess and reconvened in five minutes with all members present. 215 216 6B. Consideration of Resolution No. 09-30, Supporting Anoka County Federal Funding 217 Application for CSAH 14 (Main Street) Pedestrian/Bicycle Overpass—Community 218 Development Director Grochala reported that the regional Transportation Advisory Board is 219 seeking proposals for 2013 &2014 projects to utilize federal transportation funds. Anoka 220 County is interested in submitting an application for funding to construction a pedestrian/bicycle 221 overpass along CSAH 14 over I-35W. Staff sees this as a needed project from a safety and 222 connectivity viewpoint and would like to offer the city's support to the funding application. 223 Council Member Gallup moved to approve Resolution No. 09-30 as presented. Council Member 224 O'Donnell seconded the motion. Motion carried. 225 '26 6C. Consideration of Resolution No. 09-29,Approving Change Order No. 2 and Payment '- .27 No. 14 (Final), Legacy at Woods Edge Phase 3—Streetscape, Planting and Irrigation 0 5 COUNCIL MINUTES May 11, 2009 APPROVED '28 Community Development Director Grochala noted that the Legacy at Woods Edge Phase 3 -z.29 project involving streetscape, planting and irrigation improvements, has been completed by 230 contractor Jay Brothers. Staff is recommending that final payment for the project be authorized 231 along with a change order. Including the change order, the final project amount is below the 232 engineer's original estimate. 233 234 Council Member Reinert moved to approve Resolution No. 09-29 as presented. Council 235 Member Stoltz seconded the motion. Motion carried. 236 237 UNFINISHED BUSINESS 238 239 There was no unfinished business. 240 241 NEW BUSINESS 242 243 There was no new business. 244 245 ADJOURN 246 247 There being no further business, Council Member Stoltz moved to adjourn at 8:45 p.m. Council 248 Member Reinert seconded the motion. Motion carried. 249 '50 These minutes were considered and approved at the regular City Council Meeting on May 26, 2009. •.�51 252 Community Calendar—A Look Ahead 253 May 12, 2009 through May 26, 2009 254 255 4 Wednesday, May 13 6:30 pm, Council Chambers Planning&Zoning 256 4" Thursday,May 14 7:00 am, Community Room EDAC 257 4 Thursday,May 14 1:00 pm, Community Room Special Work Session, 258 Strategic Planning 259 4 Thursday,May 14 6:00 pm,Police Dept Open House 260 4 Friday,May 15 Law Enforcement Memorial Day 261 4 Tuesday,May 19 9:00 am, Senior Safety Fair YMCA 262 4 Monday,May 25 Memorial Day City Hall Closed 263 4 Tuesday,May 26 5:30 pm, Council Workroom Council Work Session 264 4 Tuesday,May 26 6:30 pm, Council Chambers Council Meeting 265 266 267 268 269 1 elerad1.2 270 Julianne Ba ell, City Cle John r igeson, ayor 6