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HomeMy WebLinkAbout02/14/2000 Council MinutesCOUNCIL MINUTES FEBRUARY 14, 2000 CITY OF LINO LAKES MINUTES DATE : February 14, 2000 TIME STARTED : 6:30 P.M. TIME ENDED : 8:55 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch; City Attorney, Bill Hawkins; Consulting Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; and Environmental Specialist, Marty Asleson (part) SETTING THE AGENDA Item 1Ai was moved to Item 7A. The amended agenda was approved as presented. CONSENT AGENDA Council Member Dahl moved to approve Carlson seconded the motion. Motio ITEM DISBURSEMENTS: 45) da, as presented. Council Member mously. ACTION 1999/2000 (Ch 0.'58124 - 5823, $189,092.85; $39,017.85 and ',_` 0,075.00) Approved Manual Disbursements ($142,868.37) Centennial Fire District Consider 2000 Election Judge Appointments For Special Election OPEN MIKE 1 Approved Approved Approved COUNCIL MINUTES FEBRUARY 14, 2000 Environmental Management Plan Summary, J.P. Houchins, Jeff Schoenbauer and Marty Asleson — Mr. J.P. Houchins, Chair of the Environmental Board, came forward and gave the background to the plan. He noted that five (5) years ago the City did not have a plan. The Environmental Plan was developed a result of the 20/20 Vision. The goal of the plan is to provide awareness and environmental planning within the City. Mr. Houchins continued stating the City worked with consultants and the plan is now completed. The Environmental Board recommends approval and implementation of the plan. The Board believes the plan is very important to the City because of the concern regarding the loss of special characteristics within Lino Lakes. He noted that environmental preservation has real environmental and property value. Mr. Jeff Schoenbauer, Brauer and Associates, came forward and stated the City of Lino Lakes is at a turning point and has the opportunity to do things that are ecologically sound. The plan goes way beyond saving some characteristics of some land. The plan involves preserving characteristics and offers the opportunity to enhance and bring back some natural qualities that have deteriorated over time. Lino Lakes is in a leadership role regarding conservation develo Mr. Schoenbauer reviewed the plan in detail including the plan examples of applying the conservation development plannin objective is a "high quality of life in the context of resp and long-term sustainability". Mr. Schoenbauer also reviewed the conse ent process noting the importance of cooperation by the City and developer Council Member O'Donnell . _ cons rvation development plan that currently exists within the City is based on the wo �, • �• n plan. ,andbook, and oted the overall -planning ardship, economic viability, Staff advised the cons Management Inventory. the proposed Comprehe will be conducted. elopment process is the outcome of the City's Environmental pieces to the plan include the following: Preservation development, ve Plan, and the GIS. A study to determine the best way to use the GIS Mayor Bergeson asked if the plan will be shared with the County Park and Rice Creek. Mr. Shoenbauer advised the County Park is aware of the plan and is poised to be partners with the City. Staff added the County underwent the same study using the same team of consultants. Mayor Bergeson stated the City has a commitment to various housing types. He asked how the plan can be accomplished when offering lower cost housing. 2 COUNCIL MINUTES FEBRUARY 14, 2000 Mr. Shoenbauer stated offering lower cost housing within the plan is achievable by allowing higher density with smaller lots. He advised he will supply the City with models of lower cost housing. Mayor Bergeson asked what improvements the City needs regarding the GIS. Staff advised the GIS is focused on environmental issues. It should be used within all departments of the City. The City can also improve on coordinating systems and should obtain rectified photos. Staff continued stating it has been a pleasure working with Brauer and Associates. The City of Lino Lakes is way ahead of other communities. Mayor Bergeson directed staff to schedule a time at a work session for Council to discuss the plan. ADMINISTRATION DEPARTMENT REPORT, LINDA WAITE SMITH Consider Requests for Community Development Block Grant Funds (3/4 Vote Required), Dan Tesch — Staff advised the City's CDBG allocation for the 2000-2001 grant ear is $34,492. One thousand dollars is earmarked for administrative costs. The balance o s can be used to benefit low to moderate income residents or to clean up blight in t On January 20, 2000, agencies presented their requests to th it u 1 `• uring a public hearing. Council action was scheduled for the February 14, 1, Q^ a '1 ng in order to meet Anoka County's deadline of February 15, 2000. Staff referred to the following list of reco .¢Qhthe understanding that Council may amend it, based on review of the mate 1 � erequesting agencies. The primary criteria staff considered included the num �;r . n ake residents served and whether or not similar services are available from of The County has info public services and 20 possible that the Count cuts if the overall perce the that 15% of the overall County grant may be allocated towards rall County grant may be allocated towards planning projects. It is y ome back after the grant requests have been submitted with possible ges are exceeded. Alexandra House Anoka County CAP ARC of Anoka, Ramsey County CEAP Forest Lake Area Youth Bureau No. Anoka Meals on Wheel Resource Center for Fathers Rise City Program: 1 Septic System Ordinance City Program: 2 Native Planting City Program: 3 Preservation Development Total 3 $4,000 $4,700 $ 300 $1,000 $4,400 $2,992 $1,000 $4,000 $5,000 $6,000 $33,492 COUNCIL MINUTES FEBRUARY 14, 2000 Council Member Carlson moved to approve the staff recommendation as presented. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, LINDA WAITE SMITH Consider Resolution No. 2000 —12, Accepting Donation from the Centennial Fire District to Defer Costs to Administer the D.A.R.E. Program (3/4 Vote Required), Sergeant Bill Hammes — Staff advised the Centennial Fire District has graciously donated $2,000.00 to offset the cost of the D.A.R.E. Program. The goal of the Lino Lakes Police Department is to ensure that the D.A.R.E. Program continues to be partially funded through donations from the community. The Centennial Fire District is aware of the goal and has donated $2,000.00 toward the cost of administering the program in the local middle school, and the elementary schools in 2000. The purpose of Resolution No. 2000 — 12 is to accept and publicly thank the Centennial Fire District for their generous donation. Council Member Dahl stated the D.A.R.E. Program is very im . � s to be continued. Council Member O'Donnell moved to adopt Resolution Member Carlson seconded the motion. Motion c � a sly. Resolution No. 2000 — 12 can be found at p minutes. PUBLIC SERVICES DEPART ' • 1Rµ , RICK DEGARDNER , as presented. Council Consideration of Approve e' n ease Agreement for Water Tower #1, AirTouch Cellular (3/4 Vote Required), - rdner — Staff advised AirTouch Cellular has discussed with them the installation of ante i`r on the City's existing water storage tank near the correctional facility. Staff referred t e oposed agreement between AirTouch Cellular and the City. The agreement has been revi ed and approved by the City Attorney, staff, and AirTouch Cellular officials. Staff is requesting Council approval of the antenna lease agreement. AirTouch Cellular is proposing to lease space for the installation up to three (3) sectors of four (4) panel antennas on the City's water tower at $13,891.50 per year. The amount will increase annually by the greater of five (5) percent or the consumer price index. The rental rate coincides with the existing tenants on the water towers. The agreement is for five (5) years with the opportunity for three -(3) addition five -(5) year periods. The associated cabinets will be installed inside the tower base on a platform approximately 10' x 12'. The lease agreement prioritizes users on the storage tank such that the City and public safety agencies are higher priority. This allows higher priority users to use the water tower in the future if interference occurs. 4 • COUNCIL MINUTES FEBRUARY 14, 2000 Since the water tower is adjacent to the correction facility, the lease agreement requires that AirTouch personnel contact prison officials prior to obtaining access to the site. The necessary language to indemnify and hold harmless the City on all claims due to AirTouch Cellular operation, installation, or maintenance of their facilities has been included and reviewed by the City Attorney. Pitt -Des Moines, the water tower manufacturer has reviewed the plans and specifications and has indicated that the installation of the proposed antennas will not affect the tower's structural integrity and warranty. Council Member Dahl moved to approve the antenna lease agreement with AirTouch Cellular and to authorize and direct the Mayor and City Clerk to sign said agreement subject to proper insurance documentation and submittal of an intermodulation interference evaluation indicating no interference with the existing users. Council Member Carlson seconded the motion. Motion carried u Consideration of Accepting 2000 Park Board Goals (3/4 Staff advised the Park Board has discussed the possible months. The Park Board approved the 2000 Goal meeting: 1. Install playground equipme . a 2. Trail renovation throug 3. Complete develop 4. Pave trails in Be em m's entury Park ent (partial) Total , Rick DeGardner — provements the past few the February 7, 2000, Park Board $ 35,000 $ 20,000 $ 10,000 $ 35,000 $100,000 Council Member O'Do moved to accept the 2000 Park Board goals as presented. Council Member Dahl seconded e motion. Motion carried unanimously. Consideration of Authorization to Advertise for Brandywood Park Playground Equipment Bids (3/4 Vote Required), Rick DeGardner — Staff advised they are requesting authorization to advertise for playground equipment quotes for Brandywood Park. Vendors will be given a maximum dollar amount of $27,000. They will be expected to design separate play equipment structures that will service pre-schoolers and elementary school age children. All proposals are expected to meet requirements set fourth in the American with Disabilities Act. All equipment in these bids must meet guidelines as published by the United States Products Safety Commission. After receiving the bids, the project will be evaluated by City staff and the Park Board, with input from area residents through scheduled playground equipment reviews at city Hall from March 6 —9, 5 COUNCIL MINUTES FEBRUARY 14, 2000 2000. The project will be awarded to the vendor that provides the City with the best value for the funds available. The best value analysis will include an evaluation of quality, durability, safety, equipment longevity, aesthetic appeal, and the play experience provided. After review, a recommendation will be made to the City Council for the purchase of playground equipment (March 13, 2000, Council meeting). The playground equipment will be installed using a certified playground installer (provided by vendor), City staff, and neighborhood volunteers. This will be done on a Saturday in May — July, 2000. Once the playground equipment is installed, City staff will install the safety surface and border to meet ADA specifications. Council Member Dahl asked if the residents have been contacted regarding this issue. Staff advised surveys were sent out last month. Of the 35 that were returned, 33 were in favor of the equipment. Two (2) residents were in favor of leaving the park in a natural state. All residents will be notified again regarding the equipment review. Council Member O'Donnell asked about the difference between the fu Gated to Brandywood Park and the bid amount of $27,000. Staff advised the remainder of the funds will pay for the bor • Council Member Dahl moved to authorize staff tor ` e ids for playground equipment at Brandywood Park. Council Member O'Donnell 4 and he motion. Motion carried unanimously. • COMMUNITY DEVELOPMENT y _�`-' EPORT, BRIAN WESSEL SECOND READING, Ordinan 101; Amend Zoning Ordinance to add Temporary Batch Plant as an Interim U g e : Zo ing District (4/4 Vote Required), Mary Kay Wyland — Staff advised thi t ECOND READING or Ordinance No. 01— 2000, Establishing Tempor on`Batch Plant as an Interim Use in the Limited Business Zoning District. This Ordinan v °' its first reading on January 24, 2000, at which time the Council approved an Interim Us t for Shafer Contracting to establish such a plant on the Tagg property at 7504 Lake Drive for t resurfacing of I -35W this spring. Staff recommended approval of the SECOND READING of Ordinance No. 01— 2000. Council Member Dahl moved to approve the SECOND READING of Ordinance No. 01 — 2000, as presented. Council Member O'Donnell seconded the motion. Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Ordinance No. 02 — 2000 can be found at the end of these minutes. 6 COUNCIL MINUTES FEBRUARY 14, 2000 • FIRST READING, Ordinance No. 02 — 2000, Amend Zoning Ordinance to add Exterior Storage as a Conditional Use in the LI, Light Industrial Zoning District (4/4 Vote Required), Mary Kay Wyland - Staff is requesting the Council consider amending the Zoning Ordinance to add Exterior Storage as an accessory use in the Light Industrial Zoning District with a Conditional Use Permit. Staff referred to the draft ordinance that includes the following special provision: • a. The storage area is landscaped and screened from view of neighboring use, residential zoning districts and public rights-of-way per Sec. 3 Subd. 4.S. of the Zoning Ordinance. b. Storage area is fenced in a manner approved by the City. c. Storage area is blacktop or concrete surfaced unless specifically approved by the City Council. d. All lighting shall be in compliance with Section 3, Subd. 4.H. of this Ordinance or other lighting standards in place at the time of project appr e. The storage area does not take up parking s conformity to this Ordinance and not in front yar ace as required for f. The property shall not abut proresidential, rural, or business use, including land in a neighboring cit . butte gym'' inc udes across a street. "Abutting" does not include properties that tou Q ` c.a`-corner.' g. The property sly h. The stor _ sh not abut a school or public park. i. The age area to building footprint shall not exceed 3.5:1. j. Stora shall not include material considered hazardous under Federal or State Environmental Law. Staff advised outdoor storage as an accessory use was originally a part of the Zoning Ordinance in this section but was deleted when the City adopted Ordinance No. 31— 97 which made open and outdoor storage an interim use in the LI Zoning District, when the storage is a principle use. This action was taken to facilitate the exterior storage for Molin Concrete as an interim use. Staff indicated they believe it should remain in the ordinance as a conditional use when it is accessory to a principle use. The City's Economic Development Advisory Board has concurred with the staff recommendation and the Planning and Zoning Board held a public hearing on January 12, 2000, to review the amendment. The Planning and Zoning Board recommended some additional conditions that have been added to the Ordinance and moved approval of the text amendment on a 7/0 vote. COUNCIL MINUTES FEBRUARY 14, 2000 Staff advised that following the Council work session on February 9, 2000, staff is proposing the following amendment to Ordinance No. 02 — 2000: a. The storage area is landscaped and screened from view of neighboring uses, residential zoning districts and public rights of way per Sec. 3, Subd. 4.S. of the Zoning Ordinance. The storage area shall be screen 100% from residential properties. Should the Council adopt this Ordinance as amended, staff advised they will prepare a revised Ordinance for the second reading scheduled for February 28, 2000. Council Member Carlson moved to approve the FIRST READING of Ordinance No. 02 — 2000 including the attached amendment. Council Member Dahl seconded the motion. Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Mayor Bergeson voted yea. Motion carried unanimously. H. & L. Mesabi 3XX Apollo Drive, Site Plan Review and C ermit (3/4 Vote Required), Mary Kay Wyland — Staff advised H. & L. Meing a Site Plan Review, Conditional Use Permit for outside storage and a Mino �� d sio^ B allow the construction of a 15,000 square foot office, warehouse and distribut a `r h XX Apollo Drive. The company began in 1985 as a mining supply company locat on ange. In 1990, they expanded to the Twin Cities with a distribution facility for 3 , 1 • s, cutting edges, construction and aggregate supply items and equipmen ies they serve include aggregate processing, construction and government. Th pl e yee base of nine (9). The property is Zoned LI, Light Industrial and indicated cial/i dustrial on the City's Land Use Plan. The property is located within the Apollo :zz C r. Staff reviewed the min on, site plan review and conditional use permit as outlined in the staff report. Staff note • n ning and Zoning Board held a public hearing on Wednesday, November 10, 1999. At at meeting the Board approved the minor subdivision, site plan review and conditional use permit on a 6/0 vote. Following the Planning and Zoning Board review, staff found that the section of the Ordinance allowed exterior storage as a conditional use permit had been deleted with the adoption of Ordinance No. 31 - 97. As explained in the previous Council item, staff feels that deletion was in error. Staff advised they processed the previously discussed text amendment. Approval of the conditional use permit is contingent upon adoption of Ordinance No. 02 — 2000 by the City. Staff recommended approval of the minor subdivision, site plan review and conditional use permit based on conditions. • Mayor Bergeson asked if the applicant is in agreement to the conditions of approval. The applicant • indicated he is in agreement to the listed conditions. 8 • COUNCIL MINUTES FEBRUARY 14, 2000 Council Member completed. Council Member 1. Dahl thanked the applicant for extending the time frame so all details could be Carlson moved to approve Minor Subdivision based on the following conditions: A certificate of survey is provided including the following detail: a. Drainage and utility easement subject to the review and approval of the City Engineer. b. Shared driveway easement on the south/eastern portion of the site. c. Dedication of remaining right of access to Anoka County 2. Park dedication is provided as required by City Ordinance (based on square footage of proposed construction). Council Member O'Donnell seconded the motion. Motion carried unanimously. Council Member O'Donnell moved to approve the Site Plan Revi Member Carlson seconded the motion. Motion carried unanim Council Member 1. Dahl moved to approve Conditional by staff. Council on the following conditions: Proper building permits are ob include a 1-% escrow deposit to insure completion of site impr 2. Permits are obtal 3. Final gra Cit ce Creek Watershed District. ai e and utility plans are to be reviewed and approved by the 4. The s° age and parking areas are to be surfaced as approved by the City Engineer, this would include a bituminous material for the parking/maneuvering area and an acceptable alternative for the storage areas. 5. Drainage easements must be recorded for ponding areas and conveyance through neighboring sites. Proof of recording must be submitted prior to issuance of any grading or building permits. 6. Right of Access is granted to Anoka County excluding driveway easement area. 7. The Environmental Coordinator shall review and approve landscaping and lighting plans. COUNCIL MINUTES FEBRUARY 14, 2000 8. City staff shall review and approve fencing detail and screening of trash handling • area. 9. Rooftop heating and ventilating units must be screened or visually blended with the building coloring. 10. The site plan shall maintain 10% green area upon full development. 11. Exterior storage shall meet with the requirements of Ordinance No. 02 — 2000 as approved by the City Council. Material used to surface the storage area must be acceptable to the City Engineer. Council Member O'Donnell seconded the motion. Motion carried unanimously. Consider Trappers Crossing 3rd Addition Final Plat Approval (3/4 Vote Required), Mary Kay Wyland - Staff advised the preliminary plat for Trappers Crossing was a.. roved by the Council on August 8, 1994. This request involves final platting of the Third Addi Bch includes 35 single- family lots. The property is Zoned R -1X with a PDO and indicateon the City's Land Use Map. The City Attorney has reviewed the title work and foun agreement is in place and financial guarantees pos Staff recommended approval of the this final . ha able. A development action of the City Engineer. pers Crossing. Council Member Dahl asked if there , r "=� number of houses that had to be completed before the Third Addition could c _,, ; • r , ouncil. Staff advised the number o completed before Third Addition approval was not a condition of approval. �i , the Second and Third Addition were going to be one project. Council Member Dahl e s o approve Final Plat for Trappers Crossing 3rd Addition, as presented. Council Member Carlso ° econded the motion. Motion carried unanimously. Traver Variance Shoreland Setback, 6750 W. Shadow Lake Drive (3/4 Vote Required), Mary Kay Wyland - Staff advised this case involves a variance request to allow construction of a single family home at 6750 West Shadow Lake Drive within 100' of the Ordinance High Water Level (OHW) of Reshanau Lake. The property is Zoned Rural but considered a pre-existing non- conforming lot of record as it was platted in 1982 prior to adoption of the 10 -acre minimum requirement for rural lots and adoption of the Shoreland Ordinance. The applicant has agreed to construct the house at the 30' front setback line. The proposed setbacks are as follows: Front Setback 30' (30' required) Side Setback 20' (10' required for house, 5' for garage) 10 • COUNCIL MINUTES FEBRUARY 14, 2000 OHW Setback 73' — 84' (100' required per Shoreland Ordinance on Recreational Development Lakes, unsewered) A variance of 16' — 27' from the OHW is requested. The Zoning Ordinance and the Shoreland Ordinance allow construction on non -conforming lots of record and a variance procedure. According to the Ordinance "in evaluating the variance, the City Council shall consider sewage treatment and water supply capabilities...". The DNR must be notified of any hearings. Staff advised a recommendation was received from Mr. Tom Hovey, DNR Area Hydrologist concerning this request. Staff referred to a copy of his recommendation in which he indicated that he "would not object to the granting of a variance if the lake setback is maximized and a condition involving vegetation is placed on the variance". Mr. Hovey has also recommended that the shore impact zone be maintained or established in native, unmowed vegetation. The Environmental Board reviewed this request and concurred with recommendation but suggested an unmowed area of 40' from the applicant work with the Environmental Specialist on modificat would include a pretreatment system. so suggested the system that Staff advised they believe the variance criteria c . ;: i w of this case. There is a hardship, not created by property owner; the hard is,t economic; the property is unique as it was created prior to the adoption of the. �� 1• requirement in the Zoning Ordinance and the Shoreland Ordinance. There e property line to the OHW level. A 30' front setback and a 100' OHW set=�u eavonly 15' to build in, thus making the property unusable. The balan au ` ake properties maintain a similar setback to that requested. The variance cri r z,; a i llows: Findings of Fact. In c.' . 1 requests for variance or appeal and in taking subsequent action, the City shall m'a "' ding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. COUNCIL MINUTES FEBRUARY 14, 2000 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Staff advised the Planning and Zoning Board reviewed this item at their February 9, 2000, meeting and recommended approval of the variance request with the elimination of the condition No. 3, relating to the maintenance of 40' of unmowed vegetation in the shore impact zone. Staff advised that the City's Shoreland Ordinance requires the shore impact zone to remain in a natural vegetative state. The Environmental Board recommended reducing this area by 10' thereby requiring the 40' of unmowed area. The DNR recommended that the entire shore impact zone remain natural. For Council information, staff has worked with the shoreland property owners in the Country Lakes Estates Development to maintain the shore impact zone in a natural conditions and would encourage the maintenance of this requirement for any new development along the lake shore. Council Member O'Donnell asked how much front yard will be allowed after the 40' of native vegetation. Staff referred to a map pointing out where the house will will be approximately 30' of yard left. Council Member O'Donnell asked if the applicant will be al e h ! path to the lake. Staff advised the applicant will be allowed a 30' strip o Council Member Dahl asked if this is the only lot . be required maintain 40' of native vegetation. Staff advised it is the only lot Rte' �� e lake. All the other homes were built prior to the Shoreland Ordinance. Sta .'L will recommend the two -(2) vacant lots be required to do the same when con �_ � t = , s p ace. Council Member Dahl advi portive of the Planning and Zoning Board recommendation reg imination of condition #3. Mr. Jeff McGowen, rep ive for the homeowner, came forward and stated the applicant y. was very excited that th lanning and Zoning Board had eliminated condition #3. The applicant believed the condition was unique and the lot would stand out among the other lots. Mr. J.P. Houchins, Chair for the Environmental Board, asked if the DNR must approve the plan. Staff advised the DNR does not have to approve but the City must notify them. Mr. Houchins continued stating natural vegetation around the lakes will help maintain the integrity of the lake. However, only one lot will not make a difference in the water quality. All homeowners would have to make an effort to make a difference. Council Member Carlson asked if the applicant is aware of the petition for City utilities on West Shadow Road. 12 • COUNCIL MINUTES FEBRUARY 14, 2000 Mr. McGowen indicated the applicant is aware of the petition. He stated that is why the applicant started with a 35' setback and then moved it 5' to the front. Staff advised City sewer should not have an impact on where the house is located. Council Member O'Donnell indicated he is in support of maintaining some type of natural vegetation. He stated the City needs to start somewhere. Mayor Bergeson advised the lots were laid out a long time ago. The other lots were not required to have this condition. He stated it seems unfair to ask this applicant for the 40' and not the others. He noted that most lakes within the City are classified as environmental that have higher standards. This lake is classified as recreational. Council Member Carlson noted the lots in Country Lakes Estates are deeper and have a higher elevation. She asked what the setback would be for this lot if it were sewered. Staff advised the setback would be 75' and the shore impact zone is h Council Member Dahl moved to approve the variance as reque .'*' following conditions: 1. The home is constructed at the t k line with a varied lake setback of 71' to 84'. 2. A revised survey d vi ed for building permit purposes. Mayor Bergeson seconded th i ed e �.. Council Member Da lieves 40' of natural vegetation is asking too much from the applicant. If all lots h.F� requirement there would be no problem. The City Attorney advis that if the motion fails another motion can be made. Motion failed with Council Member Carlson and O'Donnell voting no. Council Member Carlson moved to approve the variance as requested based on the following conditions: 1. The home is constructed at the 30' front setback line with a varied lake setback of 71' to 84'. 2. A revised survey document is provided for building purposes. 3. Maintain 20' in native unmowed vegetation in the shore impact zone. COUNCIL MINUTES FEBRUARY 14, 2000 Council Member Dahl seconded the motion. Council Member Carlson advised she changed the amount to 20' because the applicant will not have a very deep backyard with 40'. She stated 20' will also blend better and offer protection to the lake. Council Member O'Donnell stated the quality of the lake is very poor. It's a good thing if the City and residents can do anything to set an example for the other residents to improve the quality of the lake. He indicated he will support the 20' requirement. Motion carried unanimously. SECOND READING, Ordinance No. 03 — 2000, Rezone a Portion of Highland Meadows to R-3 (4/4 Vote Required), Jeff Smyser - Staff advised the first reading of Ordinance No. 03 — 2000 was approved on January 24, 2000. This will be the SECOND READING. This ordinance approves amendments to the Highland Meadows PDO . ezoning of less than one acre of land from R-1 to R-3. Though this will expand the ex , it will not increase the number of townhome units. It will reduce impacts to existi oving a fourplex building. Staff recommended approval of the SECOND RE ,a o finance No. 03 — 2000. READING of Ordinance No. 03 — 2000, as III e motion. Council Member Carlson moved to appro presented. Council Member O'Donn Council Member Carlson vot 3 ncilember Dahl voted yea. Council Member O'Donnell voted yea. Mayor Bergeso Motion carried unani Ordinance No. 03 — 200 an be found at the end of these minutes. Consider JADT Final Plat Approval (3/4 Vote Required), Jeff Smyser - Staff advised the Council approved the preliminary plat in April, 1999. In order to approve a final plat, the City normally requires the following: 1. Final Plat drawing that substantially conforms to the approved preliminary plat 2. Complete development agreement 3. Financial securities as described in the development agreement 4. Title commitment approval by City Attorney 14 • COUNCIL MINUTES FEBRUARY 14, 2000 5. Conditions of approval must be met (the conditions approved at time of preliminary plat approval) The submitted final plat shows some difference. First, the Apollo Drive alignment is slightly different. This is because the final plat uses the alignment supplied by the City. This slight adjustment in a road alignment is not a concern. More importantly, the final plat creates additional outlots. Instead of three (3) outlots, there are now five (5). The reason for this is that the developer encountered difficulties acquiring a mortgage for all the property. The final plat breaks the property up in a way that allows the developer to obtain a mortgage on a portion of the site. Staff indicated their concern with this is that the change must not create additional buildable lots. The developer's attorney has stated that the developer agrees to a stipulation that the lots are not buildable until the plat is revised. This is stated in a letter dated February 4, 2000, to Bill Hawkins from Gary Gandrud. Staff advised that as long as the City Attorney assures the City tha the City is protected from any claim to additional buildable lot arrangement can be given by staff. nt is enforceable and tion to approve of the The City and the developer have been negotiating extension of Apollo Drive. At the December 20, 1999, Council meeting, the Counci ppro gad initiating an eminent domain action and a feasibility study for the extension of Ap ' the Apollo Drive extension now will be a public project, the developer does not s.v�. c the road and utilities. Therefore, the typical development agreement, with its f s s iti-s, is not necessary. The City will construct the road and utilities and assess t „� e b �efiting properties. A new signature page -� � beep i .mitted. The City Attorney has reviewed and approved it. Most of the conditions p'°'•val refer to the site plan for McDonald's. These will be addressed as part of the building pe a review. Other conditions apply to the construction of Apollo Drive, such as the permit from Anoka County. Since the road will be a public project constructed by the City, such things become the City's responsibility. The City Attorney advised the reason for the change is to obtain a mortgage. He advised he received a letter from the applicant's attorney making clear that the lots are not buildable. Mr. Baylor, developer for the project, confirmed that he understands the additional outlots are not buildable. Council Member Dahl moved to approve the Final Plat for JADT Development Group, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. COUNCIL MINUTES FEBRUARY 14, 2000 PUBLIC HEARING, FIRST READING, Ordinance No. 99 —17, Oak Brook Peninsula 111 Easement Vacation (4/4 Vote Required), John Powell - Staff advised this item was continued at the January 24, 2000, Council meeting. The parties have agreed to mediation through Anoka County. There is no new information at this time. Staff recommended this item be continued to the February 28, 2000, Council meeting. Council Member O'Donnell moved to continue this item to the February 28, 2000, Council meeting. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 2000 —14, Order Preparation of a Feasibility Study for the Cedar Street Improvements (4/4 Vote Required), John Powell — Staff advised the re -construction of Cedar Street from Otter Lake Road to Elmcrest Avenue was originally to be included in the contract for the re- alignment of Otter Lake Road. However, when the City became aware that Cedar Street was under consideration as an alignment for a new Metropolitan Council sanitary sewer interceptor, the work was delayed. The City did not want to reconstruct the roadway then have it disturbed again by the interceptor construction. The current schedule for the interceptor project is constructio Street to also be re -constructed this year. The street re -cons City utilities have been extended to serve the GNW Ma Elmcrest Avenue. Water system modifications in corner of Cedar Street and Clearwater Creek Dri be designed to enhance the City's water s intersection of Otter Lake Road wher The funding sources for the levied against the Clearwat the City of Hugo for may also be some cost their project. ould allow Cedar so involve utility work. will be further extended to Well No. 4, located on the southeast be included. These modifications will pabilities. No work would occur at the re -constructed. p ;t clue City utility trunk funds and assessments previously 'vision. If the City approves a joint power agreement with e, a portion of the trunk funds will be immediately replaced. There y the Metropolitan Council for the restoration of areas disturbed by Staff recommended Council adopt Resolution No. 2000 14. Council Member Carlson asked from clarification regarding the process of replacing the trunk funds. Staff advised the City can ask for certain reimbursements, such as the City of Hugo paying for the cost of extending the water service, in the joint powers agreement. Once the funds are received, the trunk funds will be replaced. Council Member Dahl moved to adopt Resolution No. 2000 —14, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 2000 —14 can be found at the end of these minutes. 16 • COUNCIL MINUTES FEBRUARY 14, 2000 Resolution No. 2000 —15, Easement Grant to US West Communications in the Apollo Business Park (3/4 Vote Required), John Powell — Staff advised US West is requesting an easement from the City of Lino Lakes over a parcel of property immediately south of Apollo Drive in the Apollo Business Park. The actual easement size will be 20 feet by 20 feet and will contain an equipment enclosure. The easement site has been reviewed by the City's Utility Superintendent and he has no objection to granting the easement. The City Attorney has reviewed the easement agreement and he has no objection to the easement language. Staff recommended Council adopt Resolution No. 2000 —15, approving the easement agreement with US West Communications. Council Member O'Donnell moved to adopt Resolution No. 2000 — 15, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 2000 — 15 can be found at the end of these minutes. Resolution No. 2000 —16, Order Preparation of Plans and wilight Acres Utility Improvements (3/4 Vote Required), John Powell — Staff a se e Drive Trunk Utility project, constructed in 1999, extended City sanitary se gas at vice to the edge of this subdivision. In response to a petition received fro' � P i. _ _; hood, the Council ordered the preparation of a feasibility report on the project. - - . _: was received on October 11, 1999. A public hearing to discuss this project was er 22, 1999. Staff referred to a copy of the minutes from the public hearing. Based on the number of petiti er th- City Charter, 60 days must now elapse between the hearing and any further acti���`ae ect. This requirement has now been met. Since the hearing, the property owners a .v •s' Vi Lane has petitioned out of the project. The next step in the pu rovement process is to order the preparation of the plans and specifications. On this .+ icular project, where an appeal of the assessment amount is likely, staff recommends the Council hold the assessment hearing prior to awarding a contract for the improvements. Appraisals will be necessary to verify the benefit received by the properties is equal to, or amount will be primarily based on the bids received for the work. The appraisals and the plans and specifications would be prepared concurrently. Staff reviewed the following schedule: Order Plans and Specifications Receive Plans and Specifications, Order the Improvement, Declare the Intent to Bond Open Bids, Receive Appraisals Assessment Hearing 17 February 14, 2000 March 27, 2000 April 21, 2000 April 24, 2000 COUNCIL MINUTES FEBRUARY 14, 2000 Contract Execution, Contractor Begins Construction June 1, 2000 Construction Complete August 1, 2000 Staff advised the above schedule allows for the assessment appeal time to elapse between the assessment hearing and the execution of the contract and start of construction. Staff recommended Council adopt Resolution No. 2000 — 16, ordering preparation of plans and specifications for the Twilight Acres Utility Improvement project. Mayor Bergeson asked if the City has taken steps to notify residents. Staff advised residents will be notified based on Council action this evening. They will be notified and the City will ask for their reaction to the proposed project. Mayor Bergeson asked how long the plans are good for. Staff advised the street reconstruction plan could be used for the next 3-5 years. Council Member Dahl moved to adopt Resolution No. 2000 — Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 2000 — 16 can be found at the end Resolution No. 2000 —17, Order Prepar" `nd Specifications, Twilight Acres 2°d Addition Utility Improvements (3/4 ' ° e , John Powell — Staff advised the Lake Drive Trunk Utility project, constructed ' e nde s City sanitary sewer and water service to the edge of this subdivision. In respon �� ion r' ceived from the neighborhood, the Council ordered the preparation of a feasibility . t .roject. This report was received on October 11, 1999. A public hearing to disc y e ect was held on November 22, 1999. Staff referred to a copy of the minutes from the publ Based on the number of `' titioners, and per the City Charter, 60 days must elapse between the hearing and any further action on the project. This requirement has now been met. Surprisingly, City records indicate no petitions against the project have been received. As the estimated assessment to each property is about $28,000, City staff expected negative response. The next step in the public process is to order the preparation of the plans and specifications. On this particular project, where an appeal of the assessment amount is likely, staff recommends the Council hold the assessment hearing prior to awarding a contract for the improvements. Appraisals will be necessary to verify the benefit received by the properties is equal to, or amount will be primarily based on the bids received for the work. The appraisals and the plans and specifications would be prepared concurrently. Staff reviewed the following schedule: Order Plans and Specifications February 14, 2000 18 COUNCIL MINUTES FEBRUARY 14, 2000 Receive Plans and Specifications, Order the Improvement, Declare the Intent to Bond March 27, 2000 Open Bids, Receive Appraisals April 21, 2000 Assessment Hearing April 24, 2000 Contract Execution, Contractor Begins Construction Construction Complete June 1, 2000 August 1, 2000 Staff advised the above schedule allows for the assessment appeal time to elapse between the assessment hearing and the execution of the contract and start of construction. Staff recommended Council adopt Resolution No. 2000 —17, ordering pre i aration of plans and specifications for the Twilight Acres 2nd Addition Utility Improvemen Mayor Bergeson asked about the cost of preparing the plans. S a s= cost is approximately $10,000 to $15,000. Soil borings will also be needed. Council Member O'Donnell moved to adopt Reso o. — 17, as presented. Council Member Dahl seconded the motion. Motion carr ous Resolution No. 2000 — 17 can be fout ese minutes. UNFINISHED BUSINESS Consideration of Ja corrected page 3, para suggestion was made t industrial site". 00, Council Work Session Minutes — Council Member Carlson ad "Council Member Carlson advised that Mr. Wessel stated a ehbein's shopping center should be developed on Mr. Rehbein's Council Member Dahl moved to approve the January 19, 2000, Council work session minutes, as amended. Council Member O'Donnell seconded the motion. Motion carried unanimously. NEW BUSINESS - None COMMUNITY CALENDAR FEBRUARY 14, 2000 THROUGH February 28, 2000 Council Meeting, Monday February 14, 2000, 6:30 p.m. Special Council Work Session, Tuesday, February 15, 2000, 5:30 p.m. Special Planning and Zoning Meeting, Thursday, February 17, 2000, 6:00 p.m. 19 COUNCIL MINUTES FEBRUARY 14, 2000 City Hall closed in Observance of President's Day, Monday, February 21, 2000 CAG, Monday, February 21, 2000, 7:00 p.m., (Meeting may be rescheduled) Special Planning and Zoning Board Meeting, Tuesday, February 22, 2000, 7:00 a.m. Council Work Session, Wednesday, February 23, 2000, 5:30 p.m. Environmental Board Meeting, Wednesday, February 23, 2000, 6:30 p.m. Council Meeting, Monday, February 28, 2000, 6:30 p.m. Special Planning and Zoning Board Meeting, Wednesday, March 1, 2000, 7:00 a.m. ADJOURN There being no further business, Council Member O'Donnell mov • 'ou;.at 8:55 p.m. Council Member Dahl seconded the motion. Motion carried unanimou These minutes were considered and approved at the regeting, March 13, 2000. 7-2 Ry- el Gaustad, CMC City Cler Transcribed by: Kim Points TimeSaver Off Site Se 20 John Bergeson, Mayor P$4 6/446"%)