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HomeMy WebLinkAbout11/23/1998 Council Minutes• • • 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. 2 • • • 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. 4 s 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. 6 COUNCIL MINUTES NOVEMBER 23, 1998 • Ms. Wyland noted three (3) separate motions are required; 1) the rezone; 2) the Comprehensive • • 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. 8 • • • COUNCIL MINUTES NOVEMBER 23, 1998 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. 10 • • COUNCIL MINUTES NOVEMBER 23, 1998 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. 11 COUNCIL MINUTES NOVEMBER 23, 1998 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. 12 COUNCIL MINUTES NOVEMBER 23, 1998 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. • • 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. 13 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. 14 • • • 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 15 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. 16 • COUNCIL MINUTES NOVEMBER 23, 1998 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 17 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 18 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 19 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. 20 • 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. 21 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. 22 • • COUNCIL MINUTES NOVEMBER 23, 1998 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 23 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. 24 • • 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. 25 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 26 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 27 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 28 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 28 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. 29 • • • 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 • • 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