HomeMy WebLinkAbout11/23/1998 Council Minutes•
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COUNCIL MINUTES NOVEMBER 23, 1998
CITY OF LINO LAKES
MINUTES
DATE : November 23, 1998
TIME STARTED : 6:30 P.M.
TIME ENDED : 10:50 P.M.
MEMBERS PRESENT : Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan
MEMBERS ABSENT : None
Staff members present: Interim City Administrator, Dave Pecchia; City Attorney, Bill Hawkins;
Consulting Engineer, John Powell; Community Development Director, Brian Wessel; Planning
Coordinator, Mary Kay Wyland; City Planner, Jeff Smyser; Public Services Director, Rick
DeGardner; Community Development Coordinator, Mary Alice Divine (part); and City Clerk
Marilyn Anderson
SETTING THE AGENDA
Mayor Sullivan noted that Item 3A has been removed from the agenda.
Council Member Lyden added Item 5H, Planning.
The amended agenda was approved as presented.
CONSENT AGENDA
Mayor Sullivan removed Item 1A1, October 26, 1998, Minutes and asked that they be placed on
the December 14, 1998 agenda.
Council Member Bergeson moved to approve the amended Consent Agenda. Council Member
Neal seconded the motion. Motion carried unanimously.
ITEM ACTION
MINUTES:
November 4, 1998 Approved
DISBURSEMENTS:
November 23, 1998
(Check No. 53114 - 53242, $2,096,174.36) Approved
Centennial Fire District Approved
COUNCIL MINUTES NOVEMBER 23, 1998
Mayor Sullivan reminded those present of the guidelines for audience participation in City
Council meetings, emphasizing the need for respectful dialog.
OPEN MIKE
No one appeared for open mike.
Mayor Sullivan noted that a Town Center meeting was held on November 14, 1998. Good
progress is being made regarding this project. A more environmentally sound plan is being
developed. Residential/commercial development is currently under consideration.
ADMINISTRATION DEPARTMENT REPORT, DAVID PECCHIA
Consideration of Resolution No. 98 -167, Budget Amendment - This item was tabled upon
adoption of the agenda.
Consideration of Letter of Support for Gene Peterson, Rice Creek Watershed Board - Mr.
Pecchia stated that Mr. Gene Peterson has requested City Council support his for re -appointment
as a Rice Creek Watershed District Manager. Anoka County is currently represented by Mr.
Peterson, a Circle Pines resident, and Mr. Andy Cardinal of Lino Lakes. Mr. Cardinal has also
contacted the City and requested it's support in Mr. Peterson's re -appointment.
Council Member Neal asked if a letter regarding this issue was sent to the Anoka County
Commissioner, Margaret Langfeld. Mr. Pecchia indicated a letter will be forwarded to the
Commissioner.
Council Member Lyden moved to forward the letter of support for Mr. Gene Peterson to the Rice
Creek Watershed District. Council Member Neal seconded the motion. Motion carried
unanimously.
PUBLIC SERVICES REPORT, RICK DEGARDNER
Consideration of Public Trail Easement, Wenzel Farms - Mr. DeGardner stated on November
13, 1998, the Wenzel Farms Townhome Association Board approved the trail easement along the
western boundary of the development to provide a trail connection from Snow Owl Lane to Ivy
Ridge Lane. The Board also signed the additional eight (8) foot easement along the southern
property line that was approved at the November 26, 1996, Council meeting. In exchange for
this easement the City has agreed to provide the following:
1. Street sweeping of Ivy Ridge Court and Ivy Ridge Lane, where trail easements exist,
two (2) times per year with additional sweeping at the discretion of the Public Services
Director.
2. Trail signage indicating "No Motorized Vehicles Allowed" at both trail entrances.
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COUNCIL MINUTES NOVEMBER 23, 1998
3. A split rail fence along the southern property line of Lot 31.
4. Construct the bridge.
5. Pave remaining trail segments.
Mr. DeGardner indicated he anticipates design of the bridge to occur this winter with
construction to begin in the spring of 1999. The trail will be addressed and prioritized with the
annual trail paving projects.
Mr. DeGardner noted at the November 2, 1998, Park Board meeting, the motion to approve this
agreement was approved unanimously.
Council Member Lyden moved to approve the Wenzel Farms Trail Easement agreement, as
presented. Council Member Dahl seconded the motion. Motion carried unanimously.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL
Site Plan Review/Move in House, Dennis & Martha Houle, Mary Kay Wyland - Ms.
Wyland stated that Dennis and Martha Houle would like to move a single family residence onto
their property at the south/west corner of Birch Street and Centerville Road. The structure is to
be located on the north/west corner of the 40 acre parcel of property which is currently Zoned
Rural. The existing land use plan indicates the site as rural while the draft Comprehensive Plan
indicates the site as low/medium density residential with commercial along Centerville Road.
The City's Zoning Ordinance requires any structure to be moved into the City to go through a
site plan review.
The Building Inspector has inspected this dwelling which is currently located at 1966 North
Chatsworth in Roseville. The structure was built in 1926 and appears to be structurally sound.
The inspector would suggest the following improvements prior to occupancy:
1. Reroof
2. Reconstruct stairway to basement
3. Replace existing windows
4. Additional insulation
5. Redash existing stucco
The applicant has asked for permission to construct a pole barn/garage/shop area on the site. The
proposed structure will be approximately 54 x 30 for 1,620 square feet in area. This size
building is permitted on a 40 acre parcel, however, construction is not allowed until such time as
the principle structure is built. Staff would suggest that construction of the two (2) buildings be
simultaneous thereby eliminating the need for a variance which can not be justified as no
hardship to the land exists. The Planning and Zoning Board concurred that construction should
be simultaneous (house and garage/pole building) thereby requiring no variance.
COUNCIL MINUTES NOVEMBER 23, 1998
The Planning and Zoning Board recommended approval of this site plan review to allow the
relocation of a single family home onto the property at the south/west corner of Birch Street and
Centerville Road on a 7-0 vote with following conditions:
1. Proper building permits are obtained for all construction and the home is located to as
to conform to all City rules and regulations and the Uniform Building Code.
2. The applicant connect to City Water, if practical. (A water line exists along Birch
Street).
3. Prior to occupancy, the following improvements shall be made:
a. Reroof
b. Re -insulate
c. Re -stucco
d. Replace windows
e. Replace stairway to basement
4. An access permit is obtained from Anoka County.
Ms. Wyland noted Mr. and Mrs. Houle are present and concurred with the above
recommendations.
Mayor Sullivan asked if the applicants are aware of the proposed Comprehensive Plan regarding
the plans for the property to the east of them.
Mr. and Mrs. Houle, 707 Harriet in Shoreview, came forward and indicated they are aware of the
plans in the proposed Comprehensive Plan. Ms. Houle stated her only concern is it would be
much easier to have the garage in before the house. That way, the garage can be used for tools
for the house. Currently, the poles for the pole barn have to go in the cement block after the
house is moved.
Ms. Wyland stated there is no hardship to the land. A variance could not be obtained. The house
needs to be moved and then the accessory building (pole barn) can be constructed.
Mayor Sullivan explained five (5) steps need to be met in order to obtain a variance according to
State Statute. The City Council cannot change these requirements.
Council Member Bergeson stated that the way the house sits on the property the front is on a
narrower dimension. He asked if they are not putting the backyard toward Birch. Ms. Houle
indicated the backyard will not be facing Birch Street.
Council Member Lyden asked if the minimum setback requirements will be met. Ms. Wyland
stated the minimum setback required is 40 feet. The City is asking for a 50 foot setback which
the applicants have agreed to.
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COUNCIL MINUTES NOVEMBER 23, 1998
Council Member Lyden asked if there is a way to grant the ability to build the pole barn prior to
the house being moved. He indicated he did not see a problem with that. Council Member Neal
agreed that the applicant should be able to build the pole barn before the house is placed on the
property.
Mr. Hawkins stated he did not see any way that could be accomplished because the requirements
for a variance cannot be met.
Council Member Bergeson asked if two (2) permits could be applied for, one involving the
moving of the structure and one for the pole barn. He also asked if the garage can be completed
before the house is moved. Ms. Wyland stated the pole barn can not be allowed until the house
is placed.
Council Member Neal asked if the holes can be dug and the poles placed before the house is
moved. Ms. Wyland stated the ordinance prohibits the building of an accessory structure before
the principle structure is there.
Council Member Dahl moved to approve site plan review with the conditions outlined. Council
Member Neal seconded the motion. Motion carried unanimously.
Site Plan Review, Chomonix Golf Course, Anoka County Park Reserve, Mary Kay Wyland
- Ms. Wyland stated Chomonix Golf Course is requesting a site plan review to allow the
construction of a 20 x 24 addition to the maintenance building that will include office space, a
lunchroom and rest rooms. Additionally, they would like to construct two (2) rain shelters
(approximately 10 x 16) on the course that could shield 20 to 30 patrons from inclement weather.
The property in question is Zoned PSP, Public Semi -Public and a site plan review is required for
any construction on the site.
The Planning and Zoning Board reviewed this item and recommended approval on a 7-0 vote
with the conditions outlined below. The exterior is intended to blend with the existing club
house and actually enhance the appearance of the existing maintenance building. The rain
shelters will also blend with the existing architectural design of the club house and maintenance
building addition. The requirements of Section 2, Subd. 5. Site & Building Plan Review, D.
Design Standards appear to be met with this proposed construction.
Conditions of approval include the following:
1. Proper building permits be obtained prior to construction.
2. A landscaping plan is provided subject to the review and approval of the City Forester.
3. Exterior treatment of the proposed addition and rain shelters shall match the existing
• club house building.
COUNCIL MINUTES NOVEMBER 23, 1998
Council Member Lyden expressed concern regarding any impact of noise for the neighborhood.
Ms. Wyland stated the structures will be 500 feet from any residence. The structures are also not
visible from anyone's property.
Mayor Sullivan stated that additional down lighting needs to be utilized.
Council Member Bergeson moved to approved the site plan with the conditions outlined.
Council Member Lyden seconded the motion. Motion carried unanimously.
Ordinance No. 14 - 98, Rezone West Shadow Ponds and Preliminary Plat, Richard
Carlson, Mary Kay Wyland (4/5th Vote) - Ms. Wyland reviewed the NAC Planning Report
which included correspondence from the developer, Mr. Rick Carlson and his Engineer, Mr. Ted
Mattke, two (2) adjoining property owners, and from the Environmental Board, Fire Chief,
CPTED Officer, and City Engineer. Ms. Wyland noted the minutes from the Planning and
Zoning Board which includes citizen comments from the public hearing have been distributed.
Ms. Wyland stated the Planning and Zoning Board recommended the following:
1. Rezone - approval on a 6-1 vote with Mr. Trehus voting nay.
2. Comprehensive Plan Amendment - approval on a 6-1 vote with Mr. Trehus voting
nay.
3. Preliminary Plat - approval on a 6-0 vote with Mr. Robinson abstaining.
Staff recommended approval of the rezone request, Comprehensive Plan amendment, and
preliminary plat for West Shadow Ponds.
Mayor Sullivan asked for a show of hands from those present in the audience who would like to
speak regarding this issue. She stated this is not a public hearing. The public hearing was held at
the Planning and Zoning meeting. She suggested that those present decide who would be best to
represent their views. Four (4) people may speak for five (5) minutes.
Ms. Wyland briefly went over public comments that were made at the public hearing.
Mayor Sullivan asked if legalities were a concern regarding shared ponding. Mr. Hawkins stated
that from a legal stand point shared ponding wouldnotwork.
Mayor Sullivan asked if Mr. Carlson has a perpetual agreement regarding ponding. Mr. Carlson
stated the Rice Creek Watershed District has asked him to sign a personal guarantee that the
integrity, buffering, and wetlands be kept. He stated he is willing to include additional ponding
for the neighborhood to use on the park land at his expense.
Mayor Sullivan stated Mr. DeGardner would have to make a recommendation regarding a public
pond on park land.
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COUNCIL MINUTES NOVEMBER 23, 1998
• Ms. Wyland noted three (3) separate motions are required; 1) the rezone; 2) the Comprehensive
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Plan amendment, and 3) preliminary plat approval.
Mayor Sullivan asked why the Planning and Zoning Board approved the preliminary plat with an
unanimous vote and did not approve unanimously the rezone and Comprehensive Plan
amendment. Ms. Wyland indicated that Mr. Trehus had voted nay on the Comprehensive Plan
and rezone request but aye on the preliminary plat.
Mr. Carlson thanked Ms. Wyland for the accurate background report. He stated that Mr. Dunn
had mentioned that he preferred an upgrade of the trees. It is important to note there is a 30'
easement behind the properties. Trees have to be planted in the easement which requires Park
Board approval. The situation is the same near the Raleigh property.
Mayor Sullivan stated this is the first project sent through the full approval process which
includes the Environmental Board, Planning and Zoning Board, and the Park Board before
coming to the Council. The City can not legally require a developer to go through that process.
She stated that the City appreciates that fact that Mr. Carlson did go through the entire process.
She stated the public hearing will not be reopened but additional comments will be considered.
The petition and the additional written information will also be considered. She stated the
comments the Council is looking for are different views that have not already been heard.
Mr. Ted Mattke, Mattke Engineering, stated that safety on 62nd Street is a major concern.
Several people at the public hearing indicated that when there are two (2) cars on the road there
is no room for pedestrians. Mr. Mattke passed out photos of 62nd Street as it currently stands,
and pictures of Millers South Glen which is a much safer area. He stated a trail should be
extended along 62nd Street in conjunction with the improvements.
Mayor Sullivan noted that most residents are concerned about 62nd Street. She asked the City
Engineer to comment on plans for 62nd Street.
Mr. Powell stated 62nd Street and West Shadow Lake Drive are State Aid collector streets. If
the development is approved, a feasibility study will be initiated for the improvement of 62nd
Street and presented at the next Council meeting. Assessments for sewer and water will be
determined by the feasibility study. The State Aid account from the balance of 1998 and for
1999 and 2000, will give the City enough funding to reconstruct 62nd Street from Ware Road to
Red Maple Lane. The balance in the State Aid Fund will be $392,000 after Ware Road is
completed. He indicated he agrees that additional traffic should be routed to 62nd Street.
However, traffic from north of the new subdivision should not be routed to 62nd Street until
62nd Street is reconstructed The traffic to the north is the major concern.
Mayor Sullivan noted that 62nd Street improvements do fall under the Charter. She asked if Mr.
Carlson will help fund the improvements of 62nd Street. Mr. Powell stated Mr. Carlson has
agreed to pay $2,000 per lot for improvements which is similar to the Ware Road improvements.
COUNCIL MINUTES NOVEMBER 23, 1998
Council Member Lyden noted a feasibility study should not guarantee a road. The State Aid
fund is a finite amount of money. There are many State Aid roads that need improvements, such
as Elm Street. Mr. Powell stated Elm Street would be the next street scheduled for
reconstruction if 62nd Street is not done.
Council Member Dahl expressed concern regarding spending two (2) years of State Aid funding
for one road. Mr. Powell stated the City will not have to borrow future years funding from MSA.
The allotment for the year 2000 should cover the costs. He noted the City does have the option
to borrow ahead if necessary.
Council Member Dahl asked for the estimated cost of the reconstruction. Mr. Powell indicated
the costs will be approximately $800,000.
Council Member Dahl stated the improvements will have to wait until January, 1999, for the
allotment. Mr. Powell verified that two (2) years of State Aid funding will be needed.
Council Member Dahl asked about the 25% allowed to maintain roads. Mr. Powell stated the
25% for maintenance is over and above that amount. The City is allowed 25% for maintenance
without any required paper work.
Council Member Bergeson asked for verification that the reconstruction would be from Ware
Road to Red Maple Lane. Mr. Powell indicated that is correct.
Mayor Sullivan noted that current plans for the extension of West Shadow Lake Drive includes a
cul-de-sac that would keep traffic from Birch Street from coming south to 62 Street. This cul-de-
sac will be a temporary situation. The City always has the option to leave the cul-de-sac. Mr.
Powell stated currently there are approximately 380 trips on 62nd Street per day. The new
subdivision would create another 220 trips per day. He suggested the City at least develop a trail
parallel to the roadway to get pedestrian traffic of the road.
Council Member Neal asked what the cost will be to residents. Mr. Powell stated the Council
determines what the assessments will be. The Ware Road assessments were paid by State Aid
funds.
Council Member Neal asked if there was a cost (assessment) to the residents for Ware Road. Mr.
Powell stated there were no costs to the residents for the Ware Road improvements, however, a
$2,000.00 road assessment was considered but not levied by the Council.
Mayor Sullivan verified that the cul-de-sac will not be opened until 62nd Street is reconstructed.
Mr. Powell indicated that is correct.
Council Member Lyden asked the amount charged to Ware Road residents for improvements.
Mr. Powell stated the amount was $2,000 per lot. However, the Council has not agreed to levy
those assessments.
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Mr. Carlson stated that through discussions with residents, the most important issue is children
on 62nd Street. He stated he would like to make sure his financial contribution goes to
developing a trail along side of 62nd Street.
Ms. Rosemary Williams, 498 62nd Street, stated she has lived on her property for 20 years. She
expressed concern regarding safety and the speed limit. She stated speeding is already a problem
on 62nd Street. Residents have signed a petition against extending West Shadow Lake Drive to
62nd Street. She stated she obtained 10 out of 14 signatures. She indicated she will be starting
another petition for residents on Ware Road, Linda Avenue, and Red Maple Lane. She asked
who will pick up the monetary difference if there is not enough money (MSA funds) to cover the
reconstruction costs. Money has also been spent for a growth study. She asked when the last
feasibility study was done. She expressed concern regarding a road coming right between two
(2) of her neighbors homes. Traffic is already extreme on 62nd Street. She stated she has had
two (2) accidents on that road before Ware Road was improved. Traffic is excessive on Ware
Road and if it exists on Linda Avenue it will cause a problem for those residents. The petition
indicates residents will not pay for assessments. Taxes in Lino Lakes are up already. She stated
she is not against the development but the traffic problem has to be addressed. The current
speeding on 62nd Street is a problem and it doesn't seem there are many Police Officers on the
roadway. She stated she would like the City to take care of Elm Street first. She indicated she
will get the majority of residents to sign the three (3) other petitions.
Mayor Sullivan noted the petition is to be entered into the record. She noted a feasibility study
would be complete on this road in particular. Mr. Powell stated a feasibility study is not a traffic
study. It is a formal step required by State Statute Chapter 429 and the Charter. The study looks
at design, cost, assessments, funding, and a time table to complete the project. The feasibility
study will be presented to the Council for their review and acceptance.
Ms. Williams stated the growth rate study suggests that 40-70 new residences be built per year
and the proposed Comprehensive Plan asks for 140. Why spend money on a study if traffic is
already a problem? She stated Mr. Carlson agreed to build 12 new houses per year for four (4)
years. This did not happen. There was no restrictions after the first year. A gradual process
would be better.
Council Member Lyden noted this is a symptom of a larger problem.
Mr. Don Dunn, 6885 Black Duck Drive, stated he is not present as a member of the Planning and
Zoning Board and not as a representative of Mr. Carlson. He stated he is concerned about the
traffic on Birch Street. The area being discussed is an extension of an existing plan. West
Shadow Lake Drive was always intended to be extended to 62nd Street. He stated 62nd Street is
a terrible and unsafe road and needs to be fixed. It is part of the State Aid Plan and as such
improvements do not require a referendum. The road can be reconstructed in the same manner as
Ware Road. Discussions have been held regarding moving the traffic on Birch Street. Why
should residents living south of Birch Street go north to get to the south. Residents should be
permitted access to 62nd Street. When discussing the Comprehensive Plan, the Comprehensive
Plan Task Force attempted to direct traffic to County Road J. County Road J can take traffic to
COUNCIL MINUTES NOVEMBER 23, 1998
I -35E or I -35W. This is merely an extension of an obligation that was made many years ago.
The residents living north of 62nd Street should have as much direct access to the direction they
want to go which is south. To suggest that a road that is public become somewhat private is
mind-boggling. Access cannot be limited. He indicated he hopes the City looks at extending
West Shadow Lake Drive, leave the road barrier there as Mr. Powell has discussed and when
62nd Street is improved, open West Shadow Lake Drive so that the residents of that area have
access to 62nd Street. Birch Street is a dead end road at Hodgson Road. A traffic light at this
intersection is planned and will help that situation. Traffic is heavier off of Birch Street. There
are very fine quality homes and open space in that area. He stated he is in support of the
development and approval should be given. Safety is an issue that should be addressed. The
Police Department should be taking care of the speeders.
Ms. Gail Munson, 707 62nd Street, expressed concern regarding the corner of where the road
will come out of the development. She stated she is opposed to the road being placed between
two (2) neighbors. She stated her home was built 18 years ago and there were no proposed new
roads at that time. She stated she wants her privacy maintained. The area will be ruined with
more lights and traffic. Her property will be devalued and it will change their lives. She asked
that the long time residents not be ignored regarding this issue. She stated she feels like the long
time residents have no rights.
Mr. Tom Drow, 6317 Red Maple Lane, expressed concern regarding the potential traffic impact
and increase in number of trips per day. Millers South Glen added 480 trips in the area. If the
development is approved, 700 trips will be added. The West Shadow Lake extension will add
120 trips per day. This does not account for the traffic from the east/west/north from Birch
Street. He stated this is too many trips on one road. He expressed concern regarding road width,
surface, and unsafe leverage related to fixing the road. He asked that West Shadow remain
closed. He stated that Mr. Carlson isa fine developer. He indicated the south end of Birchwood
Acres is the biggest problem regarding the extension. The extension of West Shadow Lake
Drive would benefit to the residents in Colonial Woods because emergency vehicles would have
another route to that area. He noted the brief discussion from the Planning and Zoning meeting
regarding Mr. Trehus reading from page 10 of the proposed Comprehensive Plan. He indicated
he hopes the City will be consistent with the Planning and Zoning recommendation of keeping
the road closed until 62nd Street is upgraded.
Mayor Sullivan stated items from the proposed Comprehensive Plan have been reviewed. She
noted the danger of people taking things of out context. The Comprehensive Plan needs to be
read as a plan. This development is an infill, not an expansion and it is not premature. The
Council needs to remember the new Comprehensive Plan will not go into effect until next year.
Council has to work under the old plan.
Mr. Powell stated the Charter prohibits the use tax dollars for road improvements unless a
referendum is held. Also State Aid funding is actually tax dollars. There is an emergency access
in Fox Circle. A trail from Reshanau Lakes Estates South acts as an emergency access. A
detailed study was reviewed regarding this issue.
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Council Member Lyden asked Mr. Dunn if he was taking issue with the right of citizens under
the Charter to petition. Mr. Dunn indicated he was.
Council Member Lyden stated this is not a difficult issue. He indicated the constituents that he
represents live in Lino Lakes now, not the next masses who will live in the City in the future.
The quality of life is paramount. In regard to petitions, people who sign them do not trust their
elected officials. The Comprehensive Plan that the City must work under right now is the old
plan. There are five (5) items in the old plan that determine this development is premature.
Mayor Sullivan stated she does not believe this development is premature.
Council Member Lyden stated the area is Zoned Rural.
Mayor Sullivan stated that a Comprehensive Plan amendment is required for the development of
West Shadow Ponds. There are 150 acres of MUSA reserve to allow the placement of well
thought out and well planned developments.
Council Member Neal stated that unless 51% of the residents signed the petition it cannot go
through. Mr. Hawkins indicated that is incorrect. The majority relates only to road
improvements in the Charter. The petition just entered into the record is only advisory.
Council Member Bergeson noted the first issue involved is the additional housing and traffic the
development would bring. The second issue is the opportunity to upgrade 62nd Street.
Improvements are needed on 62nd Street. Because of the Charter, the opportunity to upgrade a
street without assessments to residents does not happen very often. There is an opportunitynow
to do that with State Aid funding and a contribution from the developer. If those funds are not
used now it may be a very long time before 62nd Street is upgraded and it may then require an
assessment. He also noted that it is possible people do not want 62nd Street upgraded.
Council Member Bergeson stated the item before Council includes a recommendation from the
Planning and Zoning Board. The last recommendation is that until reconstruction of 62nd Street
is completed, West Shadow Lake Road will be blocked at the north end.
Mayor Sullivan verified the traffic will go to 62nd Street to Ware Road. She asked if the
suggestion from the developer regarding the trail can be accomplished. Mr. Powell indicated the
trail can be developed on the north side from the developer's contribution.
Mayor Sullivan asked about the rate of development in comparison to the road reconstruction.
Mr. Powell stated 22 homes will be built before the 62nd Street is completed in 2000. Some
homes will be in by next year. Blocking the road at the north end would force construction
traffic to use 62nd Street.
Council Member Bergeson asked about the possibility of a cul-de-sac at the south end. Mr.
Powell stated a temporary cul-de-sac would not be a problem on the south end. The proposed
right-of-way is 80' which is standard.
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Mayor Sullivan asked if the road right-of-way existed when the property was purchased. Mr.
Powell said no, however, the new plat indicates that the right-of-way abuts the property. There is
a 30 foot to 40 foot space between the right-of-way and the property. An 80 foot easement is
needed for the road of which 45 feet would be blacktopped.
Mayor Sullivan asked if the developer has purchased the road right-of-way. Mr. Powell stated
the developer purchased the property on which the right-of-way will be located and dedicated to
the City.
Council Member Lyden stated the safety issue relating to 62nd Street should be pursued. He
indicated he does not believe that 51% is a determinant for approval of the development.
Council Member Dahl stated she is not comfortable going by the old Comprehensive Plan
relating to rezoning and MUSA allocation. All stages of homes already approved have not yet
been completed. She stated the City is too far ahead and it is making a short cut to take pressure
off of Birch Street because of the Birchwood Acres development. A short cut through this area
encourages more development on the south side. If the proposed Comprehensive Plan had
received a 4/5 vote, the north side of 62nd Street would not be scheduled for development until
2010. She stated 62nd Street is an issue. The road will accommodate current traffic usage only.
With a new street, it will not be able to accommodate traffic. Reconstructing 62nd Street as a
State Aid road is questionable. What if another street has more priority and the City has no
money until 2001? Council Member Dahl said that she was sure that there was a priority list
through the Charter but was unable to remember what roads were on the list. What happens when
a road is designated as a priority by staff and then the bond referendum fails? She stated class
sizes at the Centennial Middle School are already at a high level. Rice Lake Elementary is also
quite full. The project is not only on one drawing board. Citizens may have to pay for another
school. She stated she believes the City should wait until the new Comprehensive Plan is
adopted.
Council Member Bergeson asked if the extension of the trail along 62nd Street fits into the
overall trail plan. Mr. DeGardner indicated that area has not been discussed. The trail proposal
can be looked at with the annual trail review.
Council Member Neal asked if the park has been planned. Mr. DeGardner stated the park has
been master planned and consists of approximately 16 acres.
Mr. Mike Pojar, 6255 Red Maple Lane, asked the Council not to spend $44,000 and not take care
of the road or trail properly. He stated there are several residents in the neighborhood that would
like to get together with the contractor for concerns not relating to 62nd Street. He stated there
was a problem regarding drainage and the pond in 1989 and he does not want it to happen again.
He expressed concern regarding the northwest corner of the development. He stated he would
like to make sure that what the developer does has no negative impact. He asked the Council to
hold off on the vote until discussions can be held with the developer.
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Mayor Sullivan stated Mr. Carlson will continue to have discussions with the residents regarding
• this project and area.
Mr. Pojar stated that if the project is approved now the developer does not have to do anything
else. He stated the map worries him.
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Council Member Bergeson asked if delayed action on this request to allow the residents to speak
with the developer will affect the developer. Mr. Carlson indicated he is not opposed to a couple
of weeks delay. He stated he would prefer to do it that way and is willing to meet with anyone to
discuss their issues.
Council Member Neal asked if Mr. Pojar attended the public hearing. Mr. Pojar indicated he did
attend the public meeting and voiced his concerns at that time.
Mayor Sullivan noted that public input has been reviewed and considered.
Council Member Bergeson moved to table the West Shadow Ponds rezone, preliminary plat, and
Comprehensive Plan amendment until the December 14, 1998, Council meeting. He added the
two (2) Council meetings in December are December 14, 1998, and December 21, 1998, if for
some reason the issue is table again at the December 14, 1998, Council meeting. Council
Member Neal seconded the motion.
Council Member Dahl asked if Mr. Pojar had met with Mr. Mattke yet regarding his issue. Mr.
Pojar stated he has not yet met with Mr. Mattke. Finding a convenient time for everyone has
been a problem. He guaranteed he will meet with Mr. Mattke prior to December 14, 1998, if the
issue is tabled this evening.
Council Member Bergeson asked if a delay until December 14, 1998, is acceptable to Mr.
Carlson. Mr. Carlson indicated December 14, 1998, is fine.
Council Member Neal asked if the meeting will be posted. Ms. Wyland stated the issue will be a
regular agenda item. Additional publication is not required.
Council Member Neal stated he wants to be sure that people know the project will be voted on
December 14, 1998.
Mayor Sullivan directed staff to put notification in as a community brief The public hearing is
closed. She asked for anyone that has additional comments to put them down in writing. The
comments and information will be considered. She indicated she wants Council to be prepared
to vote on this project December 14, 1998. She encouraged residents to work with Mr. Powell
regarding 62nd Street and their concerns.
Motion carried with Council Member Dahl and Council Member Lyden voting no.
Mr. Pojar suggested Mr. Carlson hold another neighborhood meeting at the City Hall facilities.
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COUNCIL MINUTES NOVEMBER 23, 1998
Mayor Sullivan recessed the meeting for five (5) minutes at 8:17 p.m.
Mayor Sullivan reconvened the meeting at 8:30 p.m.
Zoning Text Amendment Pertaining to Non -Conforming Structures, Mary Kay Wyland
(4/5th Vote) - Ms. Wyland stated the Planning and Zoning Board suggested the following text
amendment as a result of the recent variance request from a property owner on Bald Eagle
Boulevard. This amendment would allow additions to non -conforming structures provided there
is no increase in the number of units or an expansion in the degree of non -conformity. The
Zoning Ordinance, Section 3, Subd. 2 B.9 currently reads as follows:
Alterations may be made to a structure containing non -conforming residential units when
they will improve the livability thereof, provided they will not increase the number of
dwelling units or expand size of existing building or structure.
The proposed language is as follows:
Alterations may be made to a structure containing non -conforming residential units when
they will improve the livability thereof, provided they will not increase the number of
units or expand the size or degree of non -conformity.
Council Member Neal asked if this was the farm next to Andy Cardinal. Ms. Wyland stated the
property that precipitated the change is on Bald Eagle Boulevard.
Council Member Bergeson stated the Council in the past has done with a variance what this
amendment suggests. The justification for prior variances is it did not increase the size of the
non -conformity. This change puts it into the code.
Council Member Neal asked how the Planning and Zoning Board voted. Ms. Wyland stated the
Planning and Zoning Board vote was 7-0 in favor of the amendment.
Council Member Lyden moved to approve the First Reading of the Ordinance Amendment, as
presented. Council Member Neal seconded the motion. Motion carried unanimously.
Comprehensive Land Use Plan, Brian Wessel - Mr. Wessel stated that communities within the
seven (7) county metro area have been mandated, by State Legislation, to submit their updated
comprehensive plan to the Metropolitan Council by year end. The Comprehensive Plan Task
Force approved the Lino Lakes Comprehensive Plan on a 12-0 vote, the Lino Lakes Planning and
Zoning Board approved the plan on a 6-1 vote. Staff would recommend submittal to the
Metropolitan Council of the Draft Comprehensive Land Use Plan for the City of Lino Lakes.
This plan will then be reviewed by Met Council staff. That staff review may include
recommendation for approval or suggest changes or revisions to the plan. Upon completion of
the Met Council review, the City Council will be asked to adopt a final draft of the Plan. This
will most likely occur in the first quarter of 1999.
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COUNCIL MINUTES NOVEMBER 23, 1998
For Council information, the City's submittal to the Metropolitan Council must include a land
use plan, transportation plan, and sewer and water utility plans. The transportation plan is
complete and will be forwarded to the Metropolitan Council as a part of the Comprehensive Plan
submittal. The sewer and water utility plans are being drafted based on the land use information
provided in the draft land use plan and will be submitted to the Metropolitan Council upon their
completion.
Staff recommended authorization to submit the draft Comprehensive Land Use Plan to the
Metropolitan Council for their review and approval.
Mr. Wessel noted that consulting planner Alan Brixius is not here tonight. He has been in the
midst of a medical crisis that has recently been favorably resolved.
Mr. Wessel introduced the new City Planner, Mr. Jeff Smyser, indicating he will be working as
part of the team with Ms. Wyland.
Mr. Wessel referred to the letter of Clarification of Council Procedures for Review of the
Comprehensive Plan that outlined the two (2) ways to submit a Comprehensive Plan to the
Metropolitan Council. He also referred to a memo from Mr. Brixius that evaluated several points
of discussion between Mayor Sullivan and Council Member Lyden. Also distributed to Council
Members is a memo from Mr. Smyser regarding growth and MUSA projections. All information
was given to Council Members Friday, November 20, 1998.
Mayor Sullivan thanked Mr. Smyser for stepping in so quickly to help out. She stated the City
depends on Mr. Brixius and hopes that over time the City will rely more on Mr. Smyser than Mr.
Brixius.
Mayor Sullivan stated the citizens of Lino Lakes have asked for change regarding the
management of growth planning. Four (4) years have been invested to make this change happen.
Sending the Comprehensive Plan forward is a tribute to all those that worked on it. Lino Lakes
needs a plan regardless of the Metropolitan Council dictates. This City is not afraid to make
changes. Many experts have worked to develop a good plan. She stated she is ready to move
forward with the Plan. The City needs to start the clock for the citizens that worked on the Plan.
She stated Council will review the issues and try to negotiate.
Mayor Sullivan referred to the first issue, Neighborhood Businesses Along Birch Street. She
read the response from Mr. Brixius regarding the concern of destroying the character of the
street. Mr. Brixius's response included having specific locations for neighborhood businesses at
the intersections of the City's major thoroughfares, which would be a neighborhood commercial
land use benefit from the proximity to these transportation routes.
Mayor Sullivan referred to the second concern regarding this issue, the Centerville Road/Birch
Street location for the athletic complex. She read Mr. Brixius's response to this concern. She
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COUNCIL MINUTES NOVEMBER 23, 1998
asked when the utilities will be available on the west side of the street. Mr. Wessel indicated
utilities on the west side will be available prior to 2010.
Mayor Sullivan asked if this point would be an issue if a recommendation was made to change
the neighborhood businesses to the two (2) corners.
Council Member Lyden asked if a negotiation would be taking placing point by point in a public
forum.
Mayor Sullivan stated there is not a great divide concerning the Plan. She indicated they are at a
point to encourage the submittal of the Plan on a 5-0 vote.
Council Member Lyden stated the Comprehensive Plan is a ten year plan. Mr. Smyser's data
indicated there is enough MUSA already designated in the MUSA reserve for ten years.
Therefore, no increase is needed in the MUSA to move from 50 homes to 100 homes per year.
Council Member Lyden indicated he would be in favor of the Plan if the Economic Health Index
(EHI) is used as a control mechanism and if there is no increase in medium/low density housing
and no neighborhood businesses on Birch Street. He added he would like to have snowmobile
access to the Regional Park and no freeway interchange for Birch Street at I -35E.
Mayor Sullivan stated there is no freeway interchange planned. The snowmobile access issue is
not a Comprehensive Plan issue. Also, MUSA numbers are not transferable. MUSA will be
assigned when development occurs. A significant amount of the MUSA numbers will change.
Some of the current MUSA has already been assigned. Council has proposed to ask for less
MUSA that what is currently in the Plan. The figure has gone from 1.5 times to 1.25 times.
Based on items in the neighborhood business area, a change to Performance Zoning can be made.
EHI has a place in the regulatory mechanism, however, it is not enough. The tax base percentage
is just one item. The tax rate item is another item on its own. Residential/Commercial
development is not the only factor impacting the tax rate. The EHI is in the Plan.
Mayor Sullivan stated the proposal does not use an average per year regarding MUSA. Slow
growth has been identified regarding MUSA, at 7575 homes per year. The Comprehensive Plan
is just a piece of the overall plan. The peaks and valleys of development have hurt the City of
Lino Lakes. The Plan offers a steady amount of growth over time. She indicated it is
appropriate to remove issue #5. The housing issue is in conflict with the 20/20 Vision. Life
Cycle options are needed. Mayor Sullivan asked for a show of hands of who has lived in
apartments. She stated that everyone present has lived in an apartment at one time or another.
She indicated she does not follow the no apartments theory. The medium and high density
housing is limited to location. There will be 600 new units spread out in three locations with 200
units maximum. She stated she is okay with that proposal. The issue will be density vs.
affordability. It is probable that very nice town houses will be built. The City does not want to
over build and be left with unsuitable housing because of losing residents as they grow older and
being left with vacant homes.
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Council Member Lyden asked for the truth in what is being spoken. He asked that a map of
urban expansion with MUSA being shown. Within the MUSA area, there is room for 10 years of
growth with the current MUSA. He referred to the map indicating the dark areas are MUSA
areas. The open area and rural characteristics is why people moved to Lino Lakes. He then
asked that the proposed map of Lino Lakes in the year 2020 be shown. He stated the majority of
Lino Lakes will be eaten up by sewer and water extensions which equates to high density.
Mayor Sullivan stated that according to the definition, high density is not an accurate term.
Council Member Lyden stated that R-1 and R -1X is high density compared to rural. The black
area of the map indicates sewer and water. By the year 2020, the only place to experience Lino
Lakes as it is today will be in the northeast corner of the City.
Mayor Sullivan stated that to be accurate, there is a difference between a MUSA map and
development map. The City is putting together a MUSA bank and MUSA from that bank will be
assigned to appropriate development. The MUSA supports infill. The preference is to allow
development where utilities are available as opposed to outside the MUSA area or on private
wells and septic systems. The development going north did not have the sewer and water option.
The City was forced to run sewer and water to those areas. Available MUSA is needed for
residents. The City Council will assign the MUSA when appropriate. Guidelines in the Plan
will determine when MUSA allocation is appropriate.
Mayor Sullivan stated that regarding open space, 5-10 acre lots for homes have been addressed.
The City works with developers that are dedicated to preserving open space. Tremendous plans
have been made to maintain 50% open space that is better quality open space. Not every piece of
land will be developed but sewer needs to be available when it is appropriate.
Council Member Lyden noted the pursuit of good, clean, honest government. The
Comprehensive Plan has been of very high interest. Along with the Comprehensive Plan is the
issue of trust. Public service requires elected officials to have a high moral standard. There is a
sacred bond of trust between communities and elected leadership. Trust is very fragile. He
referred to the petition signed by 450 people regarding Birch Street. He stated a petition should
not have to be signed if the Council is doing the right thing. Regarding the Comprehensive Plan,
myths have been reported. It is a myth that you can not control growth. You can control growth.
It is the Council's job to be accountable, responsible, to protect and preserve. He indicated he
does want a Comprehensive Plan in place. He stated he wants a better Lino Lakes not a bigger
Lino Lakes.
Council Member Lyden stated a very old game of the moving target has been taking place. The
MUSA numbers were changed to upland MUSA, then changed to hydric soil MUSA. The
MUSA numbers still did not add up. The number of homes to be built per year then changed to a
population goal to establish a quality of life. The number then changed to number of households
and then land use. Public trust is very important. It is wrong to change the rules in the middle of
the game. He indicated that when he and Council Member Dahl offered suggestions they were
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COUNCIL MINUTES NOVEMBER 23, 1998
labeled critics. The suggestions were discounted and labeled as a list of demands. He stated
Mayor Sullivan herself stated their issues were road blocks.
Mayor Sullivan stated that the way the issues were presented were road blocks.
Council Member Lyden stated that during the Council break trust regarding developers was
mentioned. He stated that Mayor Sullivan told him he has no conscious which is why he can
sleep at night.
Mayor Sullivan noted that she said it to his face and not behind his back.
Council Member Lyden stated that any suggestion is always treated this way. He stated his open
space plan was submitted too late. Input given one year ago was given too late. He stated that
some people have preconceived notions. Trust is fragile. It is the intent of Council to submit a
plan to the Metropolitan Council. The slow growth advocates have been removed from the
plan's process. He stated he feels there has been no place to negotiate. Serious movement from
both sides is needed. He indicated he will approve of 100 homes being built per year.
Council Member Neal asked who Council Member Lyden feels has said his recommendations
and plans were submitted too late for consideration. Council Member Lyden stated the
Comprehensive Plan Task Force indicated his plans were received too late. He indicated he feels
that if he does not agree with Comprehensive Plan Task Force he is putting them down. He
stated that good hard working people worked on the Plan. "The restaurant and menu were chosen
for them".
Mayor Sullivan asked if Council Member Lyden was a member of the Council when the Plan
was started and if Council Member Dahl was a member of the Task Force earlier this year.
Council Member Lyden indicated he was a member of Council when the Plan was started and
Council Member Dahl was part of the Task Force.
Mayor Sullivan stated disagreements were welcomed and encouraged as part of the
Comprehensive Plan process. There were many different opinions that were pulled together
through discussions. The Plan always has been a land use plan.
Mayor Sullivan stated that regarding the petition for Birch Street, residents had an issue and
brought it forward to the Council. A resident does not have to have a petition to get the Council
to listen. All citizens can be heard. The Birch Street group was an effective group that asked for
changes and made that change happen.
Mayor Sullivan stated that information received too late was related to the fact that it was a
response and not proactive. All information was considered. The Comprehensive Plan Task
Force reviewed Council Member Lyden's and Mr. Trehus' comments. Some of the comments
were implemented and incorporated into the Plan. The Comprehensive Plan will not contain
inaccurate figures. No one person gets everything they want regarding this Plan. Everyone did
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COUNCIL MINUTES NOVEMBER 23, 1998
get something. Valid options were listened to even if they were not included in the Plan because
• they were not appropriate.
Mayor Sullivan noted that some of Council Member Lyden's proposals were included. Referrals
to the Metropolitan Council was done. An increase in commercial development is in the Plan.
The Plan allows for the preservation of open space. Many experts in various fields were
involved to demonstrate how development can occur within preservation. The R-1XX Zoning is
appropriate under the new Plan. Staged clustering was added because Council Member Dahl
wanted it to be available. Mayor Sullivan indicated that in her opinion stage clustering adds to
the checker board effect in development.
Mayor Sullivan noted the trust issue related to the Plan. Citizens trusted a Council Member who
voted for approval for some aspects then voted no to the overall Plan. To not approve the Plan is
disrespectful to all the people that worked on the Plan. She stated that issues are being held on to
that are inappropriate for the Plan, are already included in the Plan, or are illegal. Being without
a Comprehensive Plan leaves the City with no legal way to slow development. The process of
the Plan has been very costly because of all the additional work and reviewal. Options come
back and a denial of initiative is demonstrated and a reversion back to the Lyden/Dahl 13 points
occurs. Council minutes document when the Council went through each issue. Citizens have
worked for two (2) years on the Plan and two (2) years previous to that on the 20/20 Vision. The
City has a good Comprehensive Plan.
11111 Mayor Sullivan recommended moving forward with the Plan for review, discussion, and
comments from the Metropolitan Council.
•
Council Member Bergeson asked if the neighborhood businesses on Birch Street are a deal
breaker. It was the suggestion of the Task Force that this was an appropriate use. It is not a
major piece of the Plan. He stated this issue could be looked at again and possibly put under the
Performance Category. Citizens do use neighborhood businesses and there are not any in that
corridor. That type of business does not currently stay in Lino Lakes. Residents go else where
which does nothing for the tax base.
Council Member Bergeson called attention to the Property Class Rates Comparison.
Commercial/Industrial development that exceeds $150,000 is taxed at 3.5%. Large farms are
taxed at .35%. Ten times more taxes are received from high value commercial than farm land.
Preserving farm land has value but a balance is needed. The question of "how much space can
you afford to keep" needs to be addressed.
Council Member Bergeson indicated the regulatory mechanisms are the most difficult to change
because it ties residential and commercial development together. If residential development can
only proceed when commercial development is at a certain point, it is possible to make sure that
economic development cannot occur and then there is no residential development. He stated he
is opposed to a linkage between residential and commercial development. The two (2) issues
need to be separate. The City needs to do everything it can to promote commercial development.
Benchmarks are needed for both commercial and residential development. The benchmarks
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COUNCIL MINUTES NOVEMBER 23, 1998
regarding commercial are how much and how fast. The benchmarks relating to residential is
how much is too much and how much is too fast. Some Council Members give minimal support
for commercial growth.
Council Member Bergeson stated there are two (2) issues regarding MUSA. The first is quantity
and the second is mechanism. Traditionally, the mechanism used for MUSA is to assign
particular parcels. The City added a new type of MUSA Bank in terms of acreage not parcels.
This method has served the City well. The mechanism of banked MUSA promotes the infill
concept. Assigned MUSA lends itself to a checker board effect. An orderly process of the
banking mechanism is favorable.
Council Member Bergeson indicated that MUSA quantity is a matter of opinion. There have
been many opinions regarding quantity of MUSA that goes from one end of the spectrum to the
other. What exists now in the MUSA is adequate for the next ten years. It was initially proposed
that all of the area that will eventually be in qualified MUSA would be multiplied by 1.5. There
is nothing magic about the 1.5 figure.
Council Member Bergeson stated Council has an obligation for life cycles regarding
medium/high density housing. Different types of housing are needed. Medium/high density
housing can be developed in a responsible way. Medium/high density housing can be an asset if
carefully planned.
Council Member Bergeson asked if it is possible to leave out the number of houses to be built
per year and leave the concepts in. The negotiating area regarding number of houses is not
between 50 and 147. The negotiating area is between zero and 250 because there have been no
restrictions on the number of homes built. History shows the City has had no interference. The
average number of homes built within the last several years is 250. The concept is to let the
market determine the number of homes built. There were some members of the Task Force that
had the opinion that a specific number of houses should not be included in the Plan.
Council Member Bergeson requested the City Attorney walk through the options of submittal of
the Plan to the Metropolitan Council. The memo suggested that the Plan could be submitted for
comment and review on a 3-2 vote. Because it was attempted to approve the Plan, is it still
possible to utilize this option? Mr. Hawkins indicated the City can submit the Plan to the
Metropolitan Council for comment and review if the City clearly states the Plan did not receive a
4/5 vote. Mr. Hawkins reviewed the two (2) options available to submit the Plan. One option is
to send the Plan to the Metropolitan Council for comments before a vote is taken. This option
avoids multiple public hearings. The second option is to approve the Plan and then submit it to
the Metropolitan Council. The Plan can be submitted to the Metropolitan Council for comment
and review with a majority vote. The Plan can not be implemented or adopted without a 4/5
vote.
Mr. Wessel noted the process involved with comment and review of the Plan by the Metropolitan
Council is a formal reviewal process.
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COUNCIL MINUTES NOVEMBER 23, 1998
Council Member Dahl stated it is her understanding that other cities have sent their Plan to
neighboring cities for a review before submitting it to the Metropolitan Council. Mr. Wessel
stated the City has received plans from neighboring cities. The Lino Lakes Comprehensive Plan
will not be sent to neighboring cities until Council gives that directive to staff. Informal
discussions regarding the Plan have been held with neighboring cities.
Council Member Dahl indicated it would be advantageous to send the Plan to neighboring cities
before a vote is taken to make sure it fits into the overall plan for this area. Following their
review and comment, a Council vote should be taken. Mr. Wessel stated the Council is
ultimately responsible for the Plan. Ms. Wyland indicated the City has received other cities
plans for comments. This step will be taken by Lino Lakes when the City gets to that point. The
City is required to send the Plan to neighboring cities.
Council Member Dahl asked if the correct procedure is to send the Plan to other cities before or
after the Council vote is taken. Ms. Wyland stated the correct procedure is to send the Plan to
other cities before the Plan is submitted to the Metropolitan Council. Mr. Wessel stated the Plan
will be sent to other cities when Council directs staff to do so.
Council Member Dahl stated an extension regarding the Plan submittal date should be requested
so that the Plan can be sent to neighboring cities before it goes to the Metropolitan Council
because the transportation plan is involved. She indicated the City of Blaine has asked for an
extension. Mr. Wessel stated he will send the Plan to neighboring cities when directive is
received from Council. He stated he is ready to move forward with the process. The City does
have the option to ask for an extension. He indicated he is not sure what an extension will
accomplish.
Council Member Dahl reviewed what the residents told the Council through the City survey.
She read the survey questions and results regarding open space, rural areas, population, and
traffic. She stated that she believes turning Lino Lakes into a Brooklyn Park is wrong. That is
not why people moved to Lino Lakes. The City will be like Brooklyn Park if every square inch
of land is developed. A cap on houses is needed. Added MUSA gives no opportunity for a
developer to be encouraged to build cluster housing on 5 or 10 acre lots. All lots will be either
R -1X or R-1 with added MUSA.
Mayor Sullivan noted that with the proposed Plan every square inch of Lino Lakes will not be
developed. The City would like to bank some MUSA, not assign it.
Council Member Dahl stated she understands that Council will assign the MUSA. However, not
all present Council Members will be here in five (5) years. She asked if the projections in the
Comprehensive Plan of 1996 asked for 2,435 buildable acres when the Metropolitan Council
projected only 1,653 buildable acres. Ms. Wyland stated the 1,653 figure was based on the
Metropolitan Council's original estimate from their data.
Council Member Lyden stated the Metropolitan Council projected approximately 1,600 acres.
The City's Comprehensive Plan is way above the Metropolitan Council's projections. Mr.
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COUNCIL MINUTES NOVEMBER 23, 1998
Wessel stated he did not know what document Council Member Dahl was referring to. The
Metropolitan Council did make a projection regarding build out. The City has scaled back. The
Metropolitan Council made the original forecast. He indicated he would have to review the
document to comment further.
Council Member Dahl stated the document refers to gross acres. The proposed Comprehensive
Plan will double or triple those numbers. She asked how many acres specifically are in growth
areas. She stated there has been only one healthy discussion regarding compromise on certain
issues. This is the second healthy discussion. If more healthy discussions had been held before
tonight's meeting they could be further along. She stated that baby boomers homes will become
vacant and a place is needed for them. There are homes for sale all over Lino Lakes. The second
generation of baby boomers will be coming. She indicated she does not believe houses will sit
vacant in Lino Lakes. Younger people will come into the area.. She noted that while on the
Comprehensive Plan Task Force from the beginning of the year to almost the end of the year, she
continually heard that nothing was concrete. Changes could be made. She agreed with Council
Member Lyden that their ideas and suggestions were continually shut down because they came in
too late.
Mayor Sullivan noted that all ideas and suggestions were reviewed and revisited several times.
Council Member Dahl stated she does not believe that the Plan cannot indicate a certain number
of homes per year. That was the number one priority when she started on the Task Force. She
read a memo to Council dated 11/19/98 regarding the Plan. She asked about the possibility of a
one month extension. She stated the Plan has a good foundation. She indicated that before she
can vote on the Plan, she needs to see Mr. Brixius's recommendations in the Comprehensive
Plan. She stated sending the Plan to the Metropolitan Council with a 3/5 vote is a waste of the
Metropolitan Council's time. The Plan needs to be sent to neighboring cities before it is
submitted to the Metropolitan Council.
Council Member Neal asked about the Comprehensive Plan for the City of Centerville. Ms.
Wyland indicated Centerville's Plan has been reviewed by City staff.
Mayor Sullivan noted that Mr. Wessel needs onemonth to package and change the Plan. Part of
that process is sending the Plan to neighboring cities.
Council Member Neal suggested approving the Plan and submitting it. If changes are needed
change them later.
Council Member Neal moved to forward the proposed Comprehensive Plan to the Metropolitan
Council for review and then have the Comprehensive Plan Task Force and Council Members
Lyden and Dahl get together with the Metropolitan Council so that Council Members Lyden and
Dahl can voice their views and if there is a change in the Plan it can be done immediately.
Council Member Bergeson seconded the motion.
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Council Member Bergeson made a friendly amendment to the motion adding that the Plan be
submitted to the Metropolitan Council no earlier than December 22, 1998, and no later than
December 31, 1998. He indicated the reason for the timetable is to know that the time between
now and December 22, 1998, changes can be made to increase Council support.
Council Member Neal agreed to the friendly amendment and suggested adding a meeting to be
held between staff, Council Members Dahl and Lyden and the Comprehensive Plan Task Force.
Council Member Dahl suggested all Council Members be present to have the opportunity to
agree with any changes made.
Mayor Sullivan stated that in her opinion more healthy discussions were not held because the
issues are a constant moving target. Mr. Brixius looks at comments and returns with
recommendations. Council Member Lyden then says proposals were not made or the
recommendations don't fit. Council Member Lyden continually returns to the original 13 points
of conflict. It is not okay to say his comments were not looked at. There have been many
opportunities to discuss the issues. The City should not be held up. To not act on the Plan is
going against the will of the people who worked on the Plan.
Mr. Wessel noted he believes the timetable suggested by Council Member Bergeson is doable.
Staff would sit down with Mr. Brixius and then proceed with the finalization of the Plan. More
input may be difficult to integrate. The land use plan and transportation plan need to be
submitted also. The sewer/water plan will be done in January, 1999, with Council direction.
Mr. Rob Rafferty, a resident of Lino Lakes, came forward and stated he has lived in the Lino
Lakes for 1 1/2 years. He had the pleasure of working with the Task Force. Everyone worked
very hard on the 20/20 Vision. Time was available to establish goals. He expressed concern
regarding 80% of development will be in different school districts. Lino Lakes has a unique
situation in that 28 square miles is within the Centennial School District. He indicated he has
heard that decisions are being based on peoples input and it is a good Plan. He stated he has also
heard from people that have lived here a very long time and are concerned about too much
growth. The Metropolitan Council is important. The Plan can be changed by the Metropolitan
Council. Lino Lakes is a great City. He stated he takes his hat off to those who worked on the
20/20 Vision. He thanked the Council for listening to the City's citizens. He expressed concern
regarding conflict of interest and doing what is best for the City. The tax base and shutting down
housing are concerns. He stated if D -Day is January 1, 1999, the City should go for it.
Mayor Sullivan noted Mr. Rafferty's time was up.
Mr. Don Dunn, 6885 Black Duck Drive, stated he hoped he would not have to speak tonight on
this issue. He hoped the Council would agree on the proposed Plan. He stated Mayor Sullivan
has done a great job of summarizing the beliefs and attitudes of the Comprehensive Plan Task
Force. He stated the Plan is a good manageable plan for the citizens of Lino Lakes. Is the Plan
perfect? No. The City has elected officials to take action. The Plan has mechanisms for Council
to take action. He stated to Council Member Lyden that the only menu he had was trying to do
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COUNCIL MINUTES NOVEMBER 23, 1998
the best for all citizens of Lino Lakes. He stated to Council Member Dahl that she sat with the
Task Force and voted yes to every land use issue. The City is now faced with Council Member
Dahl's change of heart. He stated the City has five (5) elected officials. He indicated he had
asked Council Member Lyden to call him or meet with him to discuss specific issues. He
indicated he met with Mr. Trehus and he was not capable of negotiation. He stated that he hopes
a 5-0 vote is taken tonight on the Plan. If that is not possible, he recommended sending the Plan
to the Metropolitan Council with 3/5 vote and fix what needs to be fixed later. It is time to get
on with life. Find a way to submit the Plan and then study it. The Plan does the things we want,
providing open space, watches taxes, school system, infrastructure, transportation, and it protects
citizens. The elected officials need to implement the Plan.
Ms. Donna Carlson, 6808 East Shadow Lake Drive, expressed concern regarding Birch Street
being rerouted to 62nd Street. She assured residents it was not the intent of the Birch Street
residents to push traffic to another part of town. She stated she had no idea 62nd Street would be
coming to this point. She read page 99 from the Comprehensive Plan regarding 1997/1998
transportation plan. The 1997 plan shows Birch street as a four (4) lane highway. She asked
Council to follow up on the Birch Street promises regarding an over lay. Citizens asked for no
extension of Birch Street to I-35. She asked why traffic studies are so often conducted when they
are not followed.
Mayor Sullivan stated Council directed Mr. Brixius to make the correction regarding the 1997
transportation plan and Birch Street. She stated she understood traffic studies were done
periodically, not twice a year.
Council Member Lyden read page 13 of the Comprehensive Plan regarding Lino Lakes transition
from rural to urban. He asked Council to show people the impression of what they speak.
Mayor Sullivan corrected what Council Member Lyden read indicating MUSA will be allocated.
Council Member Bergeson stated he would like a 4/5ths vote and to submit the Plan to
Metropolitan Council. It does not have to be the same group voting for the motion on the table.
It has been agreed that the Plan offers a fairly good base document. He stated the most efficient
way to move forward is to deal with any changes as an amendment. This may facilitate changes
and make them easier for staff.
Mayor Sullivan expressed concern regarding the many opportunities to resolve the issues. Staff
has been directed and redirected and a conclusion has been unattainable. If any changes will be
looked at Council Members Dahl and Lyden must come up with a schedule and items of
negotiation. Six (6) items will make or break the Plan. If negotiations are possible, a plan must
be put together to make it happen.
Mayor Sullivan called for a vote for the motion on the table.
Motion carried with Council Member Dahl and Council Member Lyden voting no.
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COUNCIL MINUTES NOVEMBER 23, 1998
Council Member Dahl suggested directing staff to submit the Plan to neighboring cities before it
goes to the Metropolitan Council.
Mayor Sullivan stated the Plan will go to neighboring cities as part of the submittal process.
Livable Communities Demonstration Account Contracts, Brian Wessel - Mr. Wessel stated
the City of Lino Lakes received a $220,000 grant from the Metropolitan Council's Livable
Communities Demonstration Account. The purpose of the grant is to hire nationally recognized
experts to accomplish three (3) things:
1. Refine the master plan for The Village as a demonstration of a pedestrian oriented,
mixed use development.
2. Design a development framework that provides mechanisms to ensure implementation
of the master plan.
3. Study the feasibility of combining commercial storefront space and living space in the
same structures to provide a live/work environment.
Community Development staff and the Town Center Group have begun the process and intend to
accomplish the objectives of the grant within the entire Town Center. The end result will be a
plan for compatible, diverse uses on all four quadrants on the I-35W/Lake Drive interchange.
Early discussions and plans are beginning to address the integration of transportation, housing,
commercial, civic and recreational uses, plus connections within the Town Center to make a safe,
walkable environment.
Calthorpe Associates, a nationally known urban planning and design firm that specializes in
Traditional Neighborhood Development, has visited the site and produced preliminary plans for
The Village within the context of the entire interchange area. Peter Calthorpe and Matt Taecher,
principals of the firm, are involved in many projects around the country that have become reality.
They are interested in the unique opportunities within the Town Center. As a part of their
contract with the City, they will be including the expertise of the Design Center for American
Urban Landscape at the University of Minnesota School of Architecture and Landscape
Architecture. They will also subcontract with the Maxfield Research group, a local marketing
research group, for local supply-side data.
Zimmerman/Volk Associates is a market research group that is also well know for its cutting
edge work in housing analysis. They go beyond traditional market research and study the
residential mix that best matches the lifestyle and economic characteristics of households with
the highest potential to move into this type of mixed use development.
The intent of this group of experts, working with staff, the Town Center Group, and consultant
Dennis Grebner, is to complete the redesign of The Village, the transportation and land use study
of the Town center, and the development framework by mid 1999.
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COUNCIL MINUTES NOVEMBER 23, 1998
Staff recommended Council approve the contracts for the completion of the objectives of the
Livable Communities grant funding.
Council Member Neal asked what is being redesigned. Mr. Wessel stated the master plan of the
project served the City well. Now the City needs to integrate activity in all quadrants and
develop a transportation plan.
Council Member Neal asked if the people who originally designed the project will still be used.
Mr. Wessel indicated the original designers will provide their input.
Mayor Sullivan explained that the next step is to refine the process. Some types of housing need
to be looked at. The proposed consultants have specific qualifications and will work with the
Town Center Committee. Mr. Wessel noted that Dennis is not going away. International
consultants are needed for a fresh look and they have a special expertise.
Mayor Sullivan stated Lino Lakes is so far ahead of other cities by using the experts to preserve
open space and the environment.
Council Member Neal asked how much the consultants will cost. Mr. Wessel stated the grant is
for $220,000. If there are additional costs the City will get additional funding.
Council Member Neal asked about the cost to the City. Mr. Wessel stated there will be no cost
to the City. The City will get the money back. Experts have to be hired. The Council makes the
final decision regarding housing.
Mayor Sullivan stated very dense single family or senior housing is being looked into.
Council Member Bergeson asked if the City Attorney has reviewed the contracts. He stated he
wants to make sure that if the funding for this dries up the City is not stuck with the bill. Mr.
Hawkins stated he has reviewed the contracts. The contracts can be terminated on short notice.
He indicated he does have some revisions to give to Mr. Wessel.
Council Member Lyden stated he wants to make sure the Metropolitan Council does not have
any strings attached or expectations regarding the amount of rental properties in Lino Lakes. Mr.
Wessel stated that at the next Council meeting, the goals for Livable Communities will be
reviewed. He stated that three (3) years ago the City committed to participating if the program.
If the City does not proceed with the program or the goals are not accepted, the Metropolitan
Council will review the grant.
Council Member Lyden stated the contracts are premature and he cannot support them until the
goals are determined. Mr. Wessel noted the expectation of Council is that the City continues to
participate in the program.
Council Member Neal stated the Metropolitan Council issued low income housing deals in
Willow Ponds and the deals were not accepted. Mr. Wessel stated a discussion regarding the
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COUNCIL MINUTES NOVEMBER 23, 1998
goals will be held on December 14, 1998. Council Member Lyden noted the possibility of losing
• the grant if the City does not agree to 25% low income housing.
•
Mayor Sullivan stated the Town Center project was approved a long time ago. A big investment
has already been made. She stated each Council Member is accountable every time they vote.
This is a long term, major project for the City. The freeway is crucial to the City. If an
outstanding area is desired for a commercial center, this piece of the project should not be
removed. The benefits to the City should be considered, not benefits to political careers. A
decision should be made with two (2) eyes open and comparing the cost to the City in relation to
the benefits of the City.
Council Member Lyden moved to deny the contracts with Calthorpe Associates, Maxfield
Research Group, and Zimmerman/Volk Associates for the completion of the objectives of the
Livable Communities grant funding. Council Member Dahl seconded the motion.
Council Member Dahl stated it is better to look at current consultant first. Now other people are
looking at it again and doing it over. The City has knowledgeable consultants in place. There is
no reason to get supposedly better ones. Mr. Wessel agreed the consultants are good. A
traditional neighborhood design is also being brought in. There are only a few of those experts in
the world. The is a refining of the project not a redoing. It is an evolution of a process. The City
has the money to do it. Staff has pursued this grant. The consultants have accepted this
assignment because they have a blank canvas to work with. This project is a very special project.
Motion failed with Council Member Bergeson, Council Member Neal, and Mayor Sullivan
voting no.
Council Member Bergeson moved to approve the contracts with Calthorpe Associates, Maxfield
Research Group, and Zimmerman/Volk Associates, as presented including comments from the
City Attorney. Council Member Neal seconded the motion. Motion carried with Council
Member Dahl and Council Member Lyden voting no.
Consideration of Resolution No. 98 -166, Payment of Easements for the Lake Drive Trunk
Utilities Project, John Powell - Mr. Powell stated easements are required for the installation of
sanitary sewer and watermain as part of the Lake Drive Trunk Utility project. Easement
negotiations are underway with property owners throughout the length of the project which
begins at Apollo Drive/Lilac Street and extends to Lino Lakes Elementary School on Main
Street, west of Lake Drive. Mr. Powell referred to a list of property owners that have signed
Easement Grants for the project. The list shows the names of the property owner, easement
areas, and amounts to be paid for the easements.
Staff recommended Council adopt Resolution No. 98 - 166, Accepting the Easement Grants and
Approving Payment for the Lake Drive Trunk Utility Improvements.
• Council Member Neal asked if the property owners were aware of the amounts to be paid for the
easements. Mr. Powell stated the property owners have agreed to the amount to be paid for the
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COUNCIL MINUTES NOVEMBER 23, 1998
• agreement for Parcel #3 was signed on July 30, 1998. Parcel #18 and #19 further up Lake Drive
have been agreed to as well.
Council Member Neal asked about the Contract for Deed relating to Parcel #17. Mr. Powell
stated that both have agreed to the document and it has been executed by both. Mr. Hawkins
noted that both the Contract for Deed holder and original owners signed the agreement.
Council Member Neal indicated he would like to see who signed the agreement. Mr. Powell
indicated he has all agreements in his office and will show Council Member Neal. The City
Attorney has reviewed all agreements.
Council Member Neal asked about the $90,000 figure. Mr. Powell stated $90,000 is for the large
parcel north of Lilac Street. The parcel is 70,000 square feet.
Council Member Neal asked about Parcel #18 and #19 on Lake Drive relating to construction
easements. Mr. Powell stated the agreements are to acquire property to allow the City to
construct utilities. The City has not yet gone up Lake Drive from Apollo.
Council Member Neal stated that when he was first on the Council he obtained signatures of
residents who would hook up to sewer and water when it became available. Mr. Powell stated
the agreements are for the easements only.
Council Member Neal moved to adopt Resolution No. 98 - 166, as presented. Council Member
Lyden seconded the motion. Motion carried unanimously.
Resolution No. 98 - 166 can be found at the end of these minutes.
Consideration of Planning - Council Member Lyden stated that tonight the Council made a
motion to forward the proposed Comprehensive Plan to the Metropolitan Council. He stated he
would like the Metropolitan Council to have a broad spectrum. He asked for a motion to forward
the LydenfDahl Comprehensive Plan for open space, the transportation plan, and the sewer and
water utility plan to the Metropolitan Council along with the proposed Task Force
Comprehensive Plan.
Mayor Sullivan stated this item should be tabled and discussed at the next work session.
Mayor Sullivan moved to table this item and have the Economic Development Department make
a recommendation regarding this issue at the next work session. Council Member Bergeson
seconded the motion. Motion carried with Council Member Dahl and Council Member Lyden
voting no.
ATTORNEY'S REPORT, BILL IIAWKINS
Consideration of a Quit Claim Deed, The Village - Mr. Hawkins stated Anoka County has
agreed to convey a parcel of land on the comer of 29/23, in the vicinity of the Reiling property, to
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COUNCIL MINUTES NOVEMBER 23, 1998
easements. Council Member Neal noted the $90,000 payment to the VFW. He asked who made
that deal. Mr. Powell stated Evergreen Land Services worked on the agreements. He stated the
agreement for Parcel #3 was signed on July 30, 1998. Parcel #18 and #19 further up Lake Drive
have been agreed to as well.
Council Member Neal asked about the Contract for Deed relating to Parcel #17. Mr. Powell
stated that both have agreed to the document and it has been executed by both. Mr. Hawkins
noted that both the Contract for Deed holder and original owners signed the agreement.
Council Member Neal indicated he would like to see who signed the agreement. Mr. Powell
indicated he has all agreements in his office and will show Council Member Neal. The City
Attorney has reviewed all agreements.
Council Member Neal asked about the $90,000 figure. Mr. Powell stated $90,000 is for the large
parcel north of Lilac Street. The parcel is 70,000 square feet.
Council Member Neal asked about Parcel #18 and #19 on Lake Drive relating to construction
easements. Mr. Powell stated the agreements are to acquire property to allow the City to
construct utilities. The City has not yet gone up Lake Drive from Apollo.
Council Member Neal stated that when he was first on the Council he obtained signatures of
residents who would hook up to sewer and water when it became available. Mr. Powell stated
the agreements are for the easements only.
Council Member Neal moved to adopt Resolution No. 98 - 166, as presented. Council Member
Lyden seconded the motion. Motion carried unanimously.
Resolution No. 98 - 166 can be found at the end of these minutes.
Consideration of Planning - Council Member Lyden stated that tonight the Council made a
motion to forward the proposed Comprehensive Plan to the Metropolitan Council. He stated he
would like the Metropolitan Council to have a broad spectrum. He asked for a motion to forward
the Lyden/Dahl Comprehensive Plan for open space, the transportation plan, and the sewer and
water utility plan to the Metropolitan Council along with the proposed Task Force
Comprehensive Plan.
Mayor Sullivan stated this item should be tabled and discussed at the next work session.
Mayor Sullivan moved to table this item and have the Economic Development Department make
a recommendation regarding this issue at the next work session. Council Member Bergeson
seconded the motion. Motion carried with Council Member Dahl and Council Member Lyden
voting no.
ATTORNEY'S REPORT, BILL HAWKINS
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COUNCIL MINUTES NOVEMBER 23, 1998
Consideration of a Quit Claim Deed, The Village - Mr. Hawkins stated Anoka County has
agreed to convey a parcel of land on the corner of 29/23, in the vicinity of the Reiling property,
to the City. In exchange for this property the City is conveying the two (2) outlots in Village No.
1 to the County for the right-of-way. Mr. Hawkins referred to a map showing the outlots. A
Quit Claim Deed will be needed to convey the property.
Mr. Hawkins recommended Council approve the conveyance of the two (2) outlots in The
Village No. 1 to Anoka County.
Council Member Bergeson moved to approve the conveyance of the two (2) outlots in The
Village No. 1 to Anoka County. Council Member Lyden seconded the motion. Motion carried
unanimously.
OLD BUSINESS - None
NEW BUSINESS
Consideration of Minutes, November 9, 1998 (Council Member Lyden was absent) -
Council Member Dahl moved to approve the November 9, 1998, minutes, as presented. Council
Member Bergeson seconded the motion. Motion carried with Council Member Lyden
abstaining.
COMMUNITY CALENDAR NOVEMBER 24 THROUGH DECEMBER 14, 1998
City Hall will be closed for Thanksgiving Holiday, Thursday and Friday, November 26th
and 27th, 1998
Truth in Taxation Public Hearing, Monday, November 30, 1998, 6:00 p.m.
EDAC, Thursday, December 3, 1998, 7:00 a.m.
Park Board, Monday, December 7, 1998, 6:30 p.m.
Mayor's Round Table, Monday, December 7, 1998, 7:00 p.m., Centennial Fire Station
No. 2
Truth in Taxation Continued Public Hearing (If Needed), Monday, December 7, 1998, 6:30
p.m.
Council Tour of Civic Complex, Tuesday, December 8, 1998, 3:00 p.m.
Council Work Session, Wednesday, December 9, 1998, 5:30 p.m.
Planning and Zoning Board, Wednesday, December 9, 1998, 6:30 p.m.
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COUNCIL MINUTES
NOVEMBER 23, 1998
Council Meeting, Monday, December 14, 1998, 6:30 p.m.
ADJOURN
There being no further business, Council Member Lyden moved to adjourn at 10:50 p.m.
Council Member Dahl seconded the motion. Motion carried unanimously.
These minutes were considered and approved at the re ular Couneeting, December 21,
1998.
r
Marilyn Anderson, Clerk -Treasurer
Transcribed by:
Kim Points, TimeSaver Off Site Secretarial, Inc.
30
S ilivan Mayor
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Council Member Neal introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 98-166
RESOLUTION ACCEPTING UTILITY EASEMENTS AND APPROVING PAYMENTS
FOR THE LAKE DRIVE TRUNK UTILITY IMPROVEMENTS.
WHEREAS, pursuant to a resolution of the City Council passed by the council on
October 27, 1997, the Lake Drive Trunk Utility Project was ordered; and,
WHEREAS, utility easements are needed to construct the improvements; and,
WHEREAS, pursuant to a resolution of the City Council passed by the council on
November 10, 1997, the acquisition of the necessary easements was authorized; and,
WHEREAS, property owners along said improvement have agreed to execute
Permanent and Temporary Easements that will accommodate the improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. To approve the easement grants and payment amounts for - • se parcels listed on
the attached exhibit.
Adopted by the Lino Lakes City Council thi
p.
Manlyn . Anderson, Clerk -Treasurer
The motion for adoption of the foregoing resolution was duly seconded by Council
Member Lyden and upon vote being taken thereon, the_following voted in
favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan.
The following voted against same: None.
Whereupon said resolution was duly passed and adopted.
CERTIFICATION
I hereby certify that the above is a correct copy of a resolution duly passed, adopted and
approved by the City Council on November 23, 1998.
Marilyn G. Anderson, Clerk -Treasurer