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HomeMy WebLinkAbout06/25/2001 Council Minutes• • COUNCIL MINUTES JUNE 25, 2001 CITY OF LINO LAKES MINUTES DATE : June 25, 2001 TIME STARTED : 6:30 P.M. TIME ENDED : 10:40 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; City Engineer, John Powell; City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; Economic Development Director, Brian Wessel (part); Economic Development Assistant, Mary Alice Divine (part); Environmental Specialist, Marty Asleson (part); and Community Development Director, Mike Grochala SETTING THE AGENDA Mayor Bergeson noted Item 7D, West Shadow Ponds, w os a until July 9, 2001. Item 7H, Resolution No. 01 — 86, Lino Lakes Mar lac and Set Hearing, was postponed until July 9, 20 The agenda was approved as amended. CONSENT AGENDA Council Member O'Donnell Carlson seconded the motion. ITEM DISBURSEMENTS: June 25, 2001 (Check No. 61998 — 62188, $458,302.65) Centennial Fire District rovements, Receive Feasibility Report ove the Consent Agenda, as presented. Council Member ied unanimously. ACTION Approved Approved Non -Intoxicating Malt Liquor License and Cabaret License for August Festival, St. Joseph Catholic Church Approved Request for an Exemption from Lawful Gambling License, St. Joseph Catholic Church Approved COUNCIL MINUTES JUNE 25, 2001 OPEN MIKE No one was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK There was no Finance Department report. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH There was no Administration Department report. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Consider Electrical Inspector Contract, Linda Waite Smith — C' advised the City of Lino Lakes and Suburban Inspections have co for a renewal of electrical inspection services. The contract re contract agreement is a two -(2) year contract for the period contract includes a change in insurance coverage. -nistrator Waite Smith necessary paperwork e July 1, 2001. The new 1 to July 1, 2003. The Council Member Dahl moved to approve the elec, co t, as presented. Council Member Reinert seconded the motion. Motion carried u Consideration of Updating Electrical P Smith — City Administrator Waite Smi City of Lino Lakes and Suburban In fixed. Staff is requesting the City the staff report. ough Suburban Inspections, Linda Waite t since the inception of a contract between the January 1, 1997, electrical permit fees have remain ove an increase in electrical permit fees as outlined in Council Member Carlson :.oved prove an increase in electrical permit fees, as presented. Council Member O'Donn ' sed the motion. Motion carried unanimously. PUBLIC SERVICES DEP `a ' TMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT CONTINUED PUBLIC HEARING, Comprehensive Land Use Plan, Jeff Smyser — Mayor Bergeson advised the City Council opened the public hearing on the draft Comprehensive Plan at the June 11, 2001, meeting. The hearing was continued to this evening. John Johnson, Director of Engineering for Metro Land Surveying and Engineering, stated he is speaking on behalf of Mr. Rehbein who owns a piece of property in the eastern part of Lino Lakes. He explained that interest has been expressed by two very large, nation-wide builders to develop Mr. • • COUNCIL MINUTES JUNE 25, 2001 Rehbein's property but their investigation of the property indicated concern that the site was too narrow which will limit flexibility in site layout and design. Mr. Johnson requested the Council consider modifying that district shape to make it a little wider east to west, possibly to the 21st Street alignment. He noted that 21st Street will provide the sewer and water utilities for Mr. Rehbein's property. Scott Featherstone, 631 Andall Street, stated he lives in an area called Arena Acres and heard some of his neighbors voice their concern at the last meeting. He stated that when he becomes aware of potential developments within Lino Lakes, he asks himself two questions: What's this area going to look like two years from now? And, how is he going to avoid it. Mr. Featherstone stated he had these same questions when he heard of the Kohls/Target project. Mr. Featherstone stated he knew when he purchased his property 20 years ago that a road would go through the south section and that the 80 acres would be developed in some fashion or other. He urged the Council to consider three aspects: simplicity, moderation, and truthfulness. Mr. Featherstone suggested the Plan needs to be simple to understand to interest. He further suggested that moderation is needed to assur and looked into. Mr. Featherstone asked the Council to assur the Arena Acres residents and their lifestyle, as well as bei Mr. Featherstone commented that change is hard and development will look like or who will move in. involved and have a hand in what is going on so government. Jeff Joyer, 8174 Lake Drive, stated he and his wife operate Waldoch's F the Land Use Plan as medium den current zoning map. Mr. Joye stration and loss of oiced are taken seriously ensive Plan is good for e City. ce :ry sidents don't know what the Council to let residents become not become resentful or mistrust City els of land in Lino Lakes. He explained that he Lake Drive and he just discovered it is identified on do-` "not show the current business zoning as shown on the ouncil to make this correction. Mr. Joyer stated they als+ +wn a . -x at 900 and 996 Main Street, which has a septic system. He stated he would welcome r being provided to that property. He noted it adjoins, on two sides, the proposed growth ea or up to 2010. Mr. Joyer asked that the boundary include his property so it could be servi d by City services prior to 2010. Art Hawkins, 6102 Centerville Road, read a prepared statement regarding the goal of 147 new units per year and a maximum population of 20,500 to the year 2020. He also quoted several articles from The Quad newspaper. Mr. Hawkins stated he believes there is a discrepancy between these goals and the table entitled "Lino Lakes Demographic Goals" as depicted on Page 65 of the Comprehensive Plan. He pointed out it shows the population for the year 2000 to be 14,540, not the official census figure of 16,791. He noted that at 147 units per year, the population would reach the 20,500 limit by the year 2006. Should that occur, he asked what would happen for the next 14 years until the year 2020. Or, if the City grows at the prescribed rate of 147 units per year, the population would reach 26,500 by the year 2020. Mr. Hawkins suggested that the Plan, as written, is not ready to go anywhere except back to the drawing board. COUNCIL MINUTES JUNE 25, 2001 Connie Grundhofer, 235 Linda Avenue, spoke in support of keeping open space in Lino Lakes to protect the flora and fauna, some of which is endangered. She conunented on the importance of providing safe habitat, which also provides food for the animals and plants. Ms. Grundhofer noted that people, through not having the right knowledge or not planning correctly, have created deserts. She commented that while a desert will not be created in Lino Lakes, it would take a lot of special plants and animals that residents now enjoy. Donald Dunn, 6885 Blackduck Drive, offered two slogans: "This is a Comp Plan with flexibility for friends" and "How things got out of control in a Governor's office." He suggested that the Council are the "guards" and there is a need to ask, "Who is guarding the guards?" Mr. Dunn stated his appreciation for the City providing a transcript of comments made at the last public hearing, which he found to be very helpful. Mr. Dunn again urged the Council to use the word "require" rather than the word "encourage." He noted that two weeks ago, he had asked the City to draft a document outlining how it can regulate the growth rate to stay within the limit. He suggested that such a docu signed by every member of the Council. Mr. Dunn read a quote Plan relating to taxes and asked how the City is going to achie the City tax rate to 20 percent or lower through fiscal and 1 uld be prepared and 9 of the Comprehensive e by 2020 of reducing Mr. Dunn spoke in favor of the shopping center and s� ed -°`e advantages he believes it will offer to the Lino Lakes citizens including, over tim an i ved tax rate. With regard to affordable housing, Mr. Dunn stated he believes the high d sit ocation land is inadequate and that the Town Center will not meet those needs since it is "hi Mr. Dunn stated he has done further thi ��� a. subject of land use and does not believe that spot zoning is permitted any place in the u _gested the commercial change by the J -Mart is a spot zoning change, which he doe iev should be allowed. Mr. Dunn then expressed concern with accelerating property Ph. u t,• I and asked how the City will be able to refuse future requests for development of 1. •t is of in the MUSA now. He questioned if that is even legal and whether a conflict of 'Brest ';< s on the City Council. Mr. Dunn noted the land use public hearings were closed by t g & Zoning Board two or more years ago and he could find no legal evidence that it was a ertised to the City's residents. Mr. Dunn concluded by suggesting that the residents of Lino Lakes should get something from the Comprehensive Plan. He urged the Council to take charge and put some requirements within the Plan. Mike Trehus, 675 Shadow Court, suggested that the Comprehensive Plan "talks out of both sides of its mouth" by indicating the City is going to control growth and do nice things for the environment, but does not contain "teeth" to assure it happens. He referenced the map identifying the MUSA and noted the Plan, if approved as it stands, would more than double the MUSA and add 2,100 additional acres 8 to 9 years from now. Mr. Trehus expressed his doubt that the City will be able to stay within the 147 homes per year rate. With regard to rezoning, which would occur later, Mr. Trehus asked if that can be considered a COUNCIL MINUTES JUNE 25, 2001 • development right and, if so, how the City could tell the property owner they cannot develop because the City is beyond the 147 homes per year rate. • • Mr. Trehus commented on a 1998 series of advertisements "Myth or Reality?" He pointed out that the map looks just like the Metropolitan Council's map. He suggested that an objective look at the facts would tell you what is reality and asked how there is still going to be 60 percent open space with this map. Mr. Trehus stated his concern for the environment which he believed was not addressed in the Comprehensive Plan, a plan which he felt was more like a vision document. He encouraged the Council to assure residents are aware of all the issues and that the issues be worked out prior to adoption. Mr. Trehus reviewed the number of acres that are currently available for development and the rate of development proposed in the Comprehensive Plan, noting the map drives a need for more than 359 acres and the City is virtually past the 2010 goal already. He suggested you cannot demonstrate a need for MUSA based on the numbers and goals as stated in the Plan. Mr. Trehus noted that the Comprehensive Plan Task Force understood the Inventory Manage would be appended to the Comprehensive Plan. However, timing did not allow for that cur the result was a handbook for conservation development. He urged the Counc ' . m �� u = of that tool and to further define greenways rather than moving forward with the Co >s v , an. Mr. Trehus advised of a policy used by the City of L believed the proposed Comprehensive Plan does n ordinance and requirement for notification to go change. He noted that not all residents read Th everyone who owns land near a proposed Mr. Trehus stated if the Council abs maps for the reasons he has previo goals and not add 2,500 acres. and lets developers plan the and tools, and all that is . ded eserve rural character, which he e then addressed the notification idents within a certain distance of a land use d asked whether the City sent letters to to pass the Plan, he would urge them to remove the ted. addition, he suggested the City list the housing stated he believes the Plan, as proposed, is a "blank check" hasized that the City can do better, it has the knowledge ake the effort. Raymond Stadum, 663 AniAll S eet, read a letter from Rod Kukonen, 647 Andall Street, which expressed concern about the y`.roposed Comprehensive Land Use Plan, MUSA expansion, need for proper planning tools to be in place, and desire for the City to no longer be in a reactive mode with regard to proposed developments. Mr. Stadum stated that what is happening in Lino Lakes is not unique and, in fact, being replicated across the country. He commented on the public's perception that there is an unresponsive Council and faceless unelected bureaucrats making decisions which result in a nonrepresentative government. Mr. Stadum reviewed the nation's history and ideals to be governed by elected governing boards, not based on the notorious big "carrot" or "stick." Mr. Stadum stated the phrase "affordable housing" has a noble ring to it and all believe in the right to it, provided you can afford it. He quoted a newspaper article written by Eagan Mayor Awada regarding the need for housing policy decisions to reflect a consensus of the majority as expressed through their elected representatives and not be dictated by others (Metropolitan Council) outside of the community. Mr. Stadum read a quote indicating that "history is made by those who say no. It is COUNCIL MINUTES JUNE 25, 2001 not made by people who just bend at the knee." Amy Donlin, 6100 Centerville Road, related the proposed Comprehensive Plan to an oil painting which is created by adding paint in layers, little by little. However, if the oil painting starts to get bad, and the artist cannot get back on track, it is painted over or thrown out and a fresh start made. She suggested that this is the point the Comprehensive Plan has reached, noting it contains many discrepancies in the numbers as discussed by Mr. Trehus. Ms. Donlin stated she believes the Comprehensive Plan presents a "blank check" to developers and a promise they will be allowed the privilege of being rezoned. Ms. Donlin stated the City has a responsibility to hold the population cap at 20,500 residents by the year 2020 to maintain a rural ambiance. She stated the residents of Lino Lakes do not want to be a "Roseville or Woodbury" and desire open spaces. Ms. Donlin concurred with the statements made by Connie Grundhofer about the residents' love for Lino Lakes' ecosystems, healthy communities of plants and animals, seeing the stars at night, and wildlife. She urged the Council to maintain those special values. Ms. Donlin commented on the greenways as identified on theani ' I epancies in the southeast corner of the map. She asked how the area in Zone II, east a, would be served with sewer if not by leap -frogging across her property. She st <: • s ' .t ready to bear the burden for a developer's sewage expense. Ms. Donlin advised tha fied on the map as low density sewered residential has been committed to the Min ota Trust and will never be developed or sewered. She noted three areas on the map iden ie• _ eenways that are lakes of 200 acres in size or greater (Otter Lake, Lake Amelia, and Cedar ake). he believed this to be misleading and suggested those areas be colored blue and• i ater. Ms. Donlin commented on the importance of linked, contiguous green ed as walking paths or for wildlife passage. In conclusion, Ms. Donlin stated she b w e are certain areas within the Comprehensive Plan that should be painted over with white esh art made. Mayor Bergeson asked if there any• e e else who has not had a chance to speak last week or tonight. No one came fo d. Council Member O'Donne moed to close the public hearing at 7:52 p.m. Council Member Carlson seconded the motion. Moti carried unanimously. Mr. Alan Brixius, NAC, stated the Comprehensive Plan does have many layers and the Plan does provide for zoning, implementation strategies, environmental policies, and it does include the Environmental Handbook. All of those issues will be put into City ordinances. Until a Plan is adopted, the City does not have a way to manage growth. All of the details, rules and regulations will be reviewed and approved by the Planning and Zoning Board and City Council as the ordinances are approved. He stated the Plan is not a rezoning plan. The Plan and map is a way to define future land uses. It does not give development rights to anyone. The MUSA request is less than 400 acres. The map does give property owners a right to pursue MUSA. Mayor Bergeson asked for clarification from the City Attorney regarding comments from the Council before a motion is made. The City Attorney advised Council Members can make comments before a • COUNCIL MINUTES JUNE 25, 2001 motion is made unless Council Members have an issue with that. Mayor Bergeson indicated he had read a statement before the last meeting regarding the Comprehensive Plan. He highlighted some of the points from that statement noting that some of the suggested details of the Plan will be addressed in future City ordinances. Council Member Carlson asked for clarification regarding the "first come first serve" statement relating to MUSA and the area east of Arena Acres. Mr. Brixius stated the only way for the City to take applications for development is on a first come first service basis. The City has restrictions and certain features will be necessary before applications are reviewed. He stated he did not mean to imply that the City will take anything or ever type of development as long as there is MUSA. He stated the area near Arena Acres was reviewed and it was determined there was the opportunity to blend in the area if sewer was available. The City can look at greater diversity to better blend the area. He noted the difference between buildable acres compared to gross acres. There are opportunities that the City can use to provities within the City that work. Conservation ordinances will also be developed to maintai .nment. Council Member Dahl asked how much 20,000 square feet rixius advised 20,000 square feet is a little less thanl% an acre. Mayor Bergeson asked for clarification how land i e rust will relate to the proposed zoning. Mr. Brixius stated the lakes on the map should ed. Land that has been donated to Land • Trust also should be corrected on the map Mayor Bergeson noted the map was up map are not exact but are conceptu Mr. Brixius advised the green they are connected. There w preserve them. Wildlife c �, 'dors very conceptual and as de preserve will be looked at. as possible. He stated the greenways on the eptual in nature. The City will want to make sure that blic and private ownership of the greenways as a way to also be provided for. Staff recognizes that the greenways are comes in more details of resource inventory and which areas to Council Member O'Donnell thanked the citizens who have made comments on the Plan. He stated this process has been a very difficult process and many factors go into making this decision. He stated the Council tried very hard to keep the original visions of the Plan, citizen survey, and 20/20 Vision Plan, as well as previous Councils' visions. This Council has worked as a team and never intended to do anything that wasn't above board relating to informing all residents of the process. He stated he needs a tool to review development. He stated he is obligated to have a finding of fact to approve or deny any project. The City has nothing right now to do that. He stated he believes that the Plan gives the City that tool to regulate what will happen within the City. He stated he is prepared to support the Plan keeping in mind the numbers that are within the Plan. • Council Member Reinert stated he also appreciates all comments made, although it has been very difficult not to respond. He stated most people in the City do not want high growth or high density, 7 COUNCIL MINUTES JUNE 25, 2001 noting he is one of those people. Anyone concerned with that should support this Plan. The City does not have a tool right now to stop development. The Council cannot simply say no at this time. The Council will be able to after the Plan is adopted. He stated there seems to be a misunderstanding about the Plan. The Plan is only a guideline, not a blueprint. The ordinances will be a build out of the Plan. City Councils will have the final say as to how the City develops. He referred to a letter he received from a resident regarding a concern relating to accelerated dense population growth in Lino Lakes. He stated growth is not accelerated but has been out of control. He stated the City needs this Plan to stop that. The Plan allows for options. The 147 number of homes per year is a guideline. He stated he is not in favor of dense population growth. The Plan has kept the growth rate the same, cut the MUSA down, allowed for 2.5 average units per acre, and changed the definition of low, medium and high density. The revision of the density definitions changes the map completely. He stated he does not believe the Plan is a perfect plan but many compromises have been made and it is a good Plan. He read a statement regarding the amount of high density and what neighboring communities are doing relating to that issue. He noted the Council did not do any illegal spot zoning. A good Plan will be a tool for the control of growth. The Plan will not make everyone happy. He stated he is very enthusiastic about the Plan. Council Member Carlson stated the Council did not raise the 7- ho d goal. She noted the City of Lino Lakes made the top of one chart in the census • has the largest number of married families with children which has added to the po, ati• + r' th. She also thanked everyone for their comments noting it is clear that some citizen ve ` ppo e views about how the Plan should be changed and how the City has changed. • e s he believes it is the Council's responsibility to continue and enhance quality c `° se es, maintain the fiscal health of the City, represent the goals, values and interests of the c ens .`1'd community, govern effectively and lead the City into the future. She stated it was °��� e�n�sibility of this Council to be the Comprehensive Plan Task Force. The t P • authorized by previous Councils and had completed their work on the PlanI m • er, the responsibility of this Council to review the Plan and vote on it. The Council did re' a P1 and sent it to the City Boards for comment. The changes made on the Plan wer • x`� 've and were based on the passage of time, new information and the Council's nsib ity to the community. The Council did consider all comments from City Bo and ns. The Council represents a whole spectrum of those found in the community and the di , did become heated. The previous Council did not pass the Plan. A current initiative by the etro • olitan Council, which becomes effective next year, would necessitate further changes. "° is time to complete the work that so many have contributed to, to pass the Comprehensive Plan and to move forward together. Council Member Dahl thanked the citizens and City Boards for their help, guidance and comments. She also thanked the Comprehensive Task Force. She stated the Council has incorporated a lot from each Board and ordinances will make the Plan even better. If the Plan is not passed, the City is allowing things to get out of control again. The Plan has to be passed to keep growth on track. She thanked her fellow Council Members for being gracious to each other noting that at times the meetings were very emotional. She stated she believes the City has the best of everything with this Plan. Mayor Bergeson stated there has been some confusion between density and affordability. Concerns about densities is different than affordability. Everyone should be concerned about affordability and • • • • COUNCIL MINUTES JUNE 25, 2001 the community and City Council have to work on that. That issue is not specifically outlined in the Plan. The Plan does address density. He stated he feels there is an obligation to make sure people who want to live in Lino Lakes can afford to. The Plan is a compromise between everyone involved. He stated he believes that some growth in the community is a good thing. It is very important that growth is well planned, orderly and maintains high standards. The 147 number is a compromise and he indicated he does support that number. The 20,500 number has not been abandoned. The average of 147 homes per year is an average from 1998 to 2020. Because that number has been exceeded, at some point the development will have to decrease to reach the average. He stated he believes the Plan is de -accelerated growth as compared to accelerated growth. However, the Plan is a consensus of the City Council. Mayor Bergeson noted that Council Member Dahl does own property that was considered for a change of designation. The Council felt that she should not be excluded from requesting a change. The Council did review the request, which was presented by Mr. Dahl at the same time that other requests were made. The question is whether it is appropriate for Council Member Dahl to vote. A suggestion was made that there be two (2) motions: one for the Co Use Map, Resolution No. 01 - 88, and one for the Land Use Map, Member Dahl would abstain from the second vote. The Coun separate motions will be made. Mayor Bergeson moved to propose that the City Cou the Comprehensive Plan, Resolution No. 01— 88, 89. Council Member O'Donnell seconded the abstaining. ive Plan minus the Land No. 01 - 89. Council ally agreed that two (2) o (2) separate motions: one for e Land Use Map, Resolution No. 01 - otion carried with Council Member Dahl Council Member Carlson moved to ado No. 01— 88, as presented. Council Member Dahl seconded the motion. Mayor Bergeson stated the Co has done that. It is in the bes have passed the Plan and led to come to a consensus and he believes the Council ofhe City to pass the Plan now. The previous Council should should have passed it before now. Council Member Reinert v"ed ea. Council Member Dahl voted yea. Mayor Bergeson voted yea. Council Member Carlson vo d yea. Council Member O'Donnell voted yea. Motion carried unanimously. Council Member Reinert moved to adopt Resolution No. 01— 89, as presented. Council Member O'Donnell seconded the motion. Mayor Bergeson stated the City did have some requests for changes that just came in. The Council had agreed that there was a cut off date for requests. He stated he believes there will always be requests for changes and there is a process to follow to request a change. He indicated he hopes that most of the Land Use Map stays intact, especially to 2010. There will be revisions to the Land Use Map. COUNCIL MINUTES JUNE 25, 2001 Council Member Dahl abstained. Mayor Bergeson voted yea. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Motion carried with Council Member Dahl abstaining. Mayor Bergeson thanked everyone involved with the Plan. He stated the City will move ahead with the submission to the Metropolitan Council. The City has a lot of work to do on new ordinances and that work can no begin. Resolutions No. 01— 88 and No. 01— 89 can be found in the City Clerk's office. Resolution No. 01— 82, Variance, Glenn Valentine, 64th Street and 20th Avenue, (3/5 Vote Required), Jeff Smyser — City Planner Smyser advised Mr. Glenn Valentine of Ventura Homes has applied for a variance from the required setback from a collector road. The site lies between I -35E and 20th Avenue (Co. Rd. 54). Most of the site is wetland. Only a small portion of the site is upland: the area along 20th Avenue. Variances from required road setbacks eeded if a house and driveway are to be built. Some wetland fill will be required. City Planner Smyser presented the staff analysis of the app that in all requests for variance and in taking subsequent action, the City shall of fact: 1. That the property in question canno reasonable use if used under conditions allowed by the offici 2. That the plight of the landoo physical circumstances unique to his property not created by 3. That the hardship i e to '`conomic considerations alone and when a reasonable use for the pro. i der the terms of the ordinance. 4. That gran privilege th in the same ce request will not confer on the applicant any special e denied by this ordinance to other lands, structures, or buildings 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. City Planner Smyser advised the Planning and Zoning Board reviewed the application at its June 13 meeting and recommended approval based on conditions. Staff is also recommending approval based on conditions. Council Member O'Donnell asked if there will be any utilities in that area in the foreseeable future. City Engineer Powell advised the area is in Sewer District 5. There will not be any utility service in the near future. • Council Member O'Donnell asked if there is room on the property for a second septic location if the 410 current sewer fails. City Planner Smyser advised the survey does show a location for another septic 10 • • COUNCIL MINUTES JUNE 25, 2001 system. Mayor Bergeson clarified that the setback will be 10 feet and asked if the roadway is a County road. He also asked if the County will eventually need additional right-of-way. City Planner Smyser advised the setback will be 10 feet, which is the reason for the variance. City Engineer Powell added that the roadway is a County road. The County has commented on the variance request and indicated they have no current plans for reconstruction. City Planner Smyser advised that Anoka County has informed the City that it foresees the need for an additional five -(5) feet of right-of-way on each side of the road. If this occurs, the garage and driveway will be only five (5) feet from the ROW. While this is an undesirable situation, it is a tradeoff between being closer to the road and filling more wetland. The City cannot simply prevent the property owner from using the land. Council Member O'Donnell moved to adopt Resolution No. 01— 8 R on the following conditions: 1. Building permit must be obtained fo s t 2. Applicant must obtain approv w and an from the Vadnais Lake Area Watershed Management Organizati Council Member Reinert seconded the motion. Council Member O'Donnell clarified th � „e condition #3 regarding the feasibility of a wetland treatment system for the se t as no merit. City Planner Smyser stated thoncern from Planning and Zoning Board Members that a normal septic may be detrimen . e°the etlands. There is no threat to the wetlands from a normal septic system as long as i • .ropes°°•esigned and constructed. Mayor Bergeson inquired a"out ow much wetland would need to be filled to move the house. City Planner Smyser referred to . ap and advised the entire house pad and driveway would have to be filled. Mayor Bergeson expressed concern relating to a house being that close to the right-of-way. Motion carried with Mayor Bergeson voting no. Resolution No. 01— 82 can be found in the City Clerk's office. Resolution No. 01— 83, Minor Subdivision, Brian Iverson, 20th Avenue, Jeff Smyser — City Planner Smyser advised the application is to remove a portion of land from one parcel and attach it to the adjacent parcel. That is, the action will move the lot line ten feet. The existing property line follows the 'A section line. The application is to move that property line ten feet to the east. The 114 COUNCIL MINUTES JUNE 25, 2001 reason is to increase the size of the western parcel to make it a full 20 acres. The applicant has a buyer for the parcel (Parcel B) who wants a full 20 acres. In addition, the action would combine into the eastern parcel a narrow strip of land along I -35E, which currently is a separate tax parcel. All of the land involved is under the same ownership. City Planner Smyser presented the staff analysis of the application noting the Planning and Zoning Board considered the application at the June 13 meeting. The potential buyer of the property, Mr. Bill Walton, addressed the Planning and Zoning Board. Mr. Walton did not want the 66 -foot easement. The Planning and Zoning Board recommends adding a condition of approval that the 66 - foot easement not be included. As explained in the staff report, Mr. Iverson is the owner of all the property. From the City's perspective, if a landowner wants to record an access easement over his own property, it is not a City concern. The City's interests are not affected either way, and there is no City obligation involved. Staff's recommendation is to approve the subdivision as submitted. Council Member O'Donnell clarified that the proposal is to the easement. City Planner Smyser advised the Planning including the easement. City staff feels the easement sho a Mayor Bergeson asked if the applicant is going to r ement. The applicant indicated he is going to record th Mayor Bergeson stated the back lot is n or subdivision without d recommended not e addressed. ng. With a recorded easement, the lot will be less non -conforming. He encouraged th �"c to record the easement. Council Member Dahl moved � tfpt' .elution No. 01— 83, as presented. Council Member Reinert seconded the motion. Resolution No. 01— 83 c c.4 'ed unanimously. in the City Clerk's office. Resolution No. 01— 85, A ° nd Condition of Approval for Site Plan, North American Composites, Jeff Smyser — City Planner Smyser advised the City Council approved a minor subdivision and site building plan for North American Composites on November 13, 2000. One of the conditions of approval was: 3. The precast concrete panels will be Fabcon Wide Rack 3/8" grooves at 3" O.C. with a smooth concrete cattail design, or similar design. Decorative concrete block on the office portion of the building shall be either smooth burnished concrete block or rock -face block. This originated in a request by the Planning and Zoning Board to revisit the building elevation along the freeway. Because this is a very visible location, the Planning and Zoning Board asked for some additional attention to aesthetics. In response, the applicant then submitted a revised south elevation 12 • COUNCIL MINUTES JUNE 25, 2001 that includes a custom "cattail" pattern in the concrete panels. Thought the Planning and Zoning Board did not see the new pattern, the revision was included in the project review by the City Council and was specified in the condition of approval listed above. North American Composites has asked that this condition be deleted because of the cost of the custom design. Instead, they have submitted a design that includes a four (4) foot blue strip across the top of the precast concrete panels. The panels have a raked finish, just like the original submitted. In addition, the design of the building has been revised somewhat. The office portion exterior will still be decorative concrete block. However, the standing seam metal roof on both portions of the building has been changed in the new design. Instead, the new proposed design has a flat roof for the warehouse portion. The office portion also has a flat roof, but the east elevation incorporates a peaked facade. The footprint of the new design increases the footprint by about 500 sf, about a 2% change. Staff considers this a relatively minor change. Because the cattail design was a condition of approval, it will ire by the City Council to change it. Staff recommends approving the new building desi he condition of approval to delete the sentence regarding the cattail design. Conditio ! hum ur (4) would thus read: 4. The warehouse portion be pry ast concrete panels and the office portion of the building shall be decor as bco =°`rock -face block as indicated on the exterior elevations by Stiglich Cc., dated 5/1/01. City Planner Smyser noted the Pl d i ning Board recommended approval of the request. Council Member Reinert stater origirfal goal was to have a different look to the building that is more appealing. He aske staf : s that has been accomplished. City Planner Smyser stated the current proposal is an imp • over some buildings that are currently on the freeway. Council Member Carlson me ed to adopt Resolution No. 01— 85, as presented. Council Member Dahl seconded the motion. Council Member Carlson clarified that the Council previously discussed this issue and directed staff to present the proposal to the Planning and Zoning Board. The Planning and Zoning Board did approve the current proposal. Motion carried unanimously. Resolution No. 01— 85 can be found in the City Clerk's office. SECOND READING, Ordinance No. 11— 01, Rezoning Lot 9 Auditor's Subdivision No. 134, Community National Bank, Jeff Smyser — City Planner Smyser advised the City Council approved 13 COUNCIL MINUTES JUNE 25, 2001 the first reading of Ordinance 11— 01 on June 11, 2001. As a reminder, the application is to rezone an existing lot to provide for the expansion of the parking lot for the Community National Bank. The lot currently is zoned Neighborhood Business, which does no allow banks. Rezoning the site to General Business will match the existing bank lot zoning. If the City Council approved the second reading, the ordinance will be published in the newspaper the first week of July. The rezoning will be effective 30 days after publication, as required by the City Charter. Council Member O'Donnell moved to approve SECOND READING, Ordinance No. 11— 01, as presented. Council Member Carlson seconded the motion. Mayor Bergeson voted yea. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Council Member Dahl voted yea. Motion carried unanimously. Ordinance No. 11— 01 can be found in the City Clerk's office. FIRST READING, Ordinance No. 10 — 01, Rezoning; FIRST READING, Ordinance No. 09 — 01, Comprehensive Plan Amendment; and Resolution No. 01— 77, Preliminary Plat, Saddle Club, Heritage Development, Al Brixius (NAC) — Mr. Brixius noted this application was originally scheduled for the June 11 meeting. At the work session June 6, the City Council directed staff to request a two -(2) week postponement from the applicant. The applicant agreed to postpone the project to the June 25 meeting. Mr. Brixius advised Heritage Development has submitted an application for comprehensive plan amendment and rezoning, and preliminary plat for a portion of an area included in their application for preliminary plat. The property is commonly known as the Saddle Club and is located south and east of Old Birch Street. Mr. Brixius presented his analysis of the application noting the Environmental Board reviewed the application and recommended that the tree preservation be better well defined, raised concern regarding 70 houses being platted and relationship to the total lots platted in the community, request to reduce the lot areas in Block 2 so the area could be included in the greenway. The Planning and Zoning Board reviewed the application and they recommended denial of the application in its entirety. The Board did not provide specific reasons for their action although their discussion included concerns regarding availability of MUSA and provisions for utility service in the area. Mr. Brixius advised staff recommended approval to the Planning and Zoning Board and continues to support approval of the application based on the conditions outlined in the staff report. Council Member Carlson asked if the access from Old Birch was obtained. 144 • COUNCIL MINUTES JUNE 25, 2001 • Mr. John Hill, Heritage Development, stated the property owner to the west is in the process of processing the right-of-way. • Council Member Reinert asked why there is a hold up on that processing. Mr. Hill stated there are legal technicalities holding up that processing. There is no issue with the processing it just takes time. Mayor Bergeson stated the Council previously discussed the issue of screening where the street exists to Killdeer. He asked if a condition can be added that staff will work with the develop on that issue. City Planner Smyser stated a condition can be added that the developer shall install screening as recommended by staff. Mr. Hill indicated he will work with staff on the screening issue. Council Member O'Donnell stated there was a question regardin City policy pertaining to double frontage lots. City Planner S the two -(2) lots that will be created as double frontage lots. lot. He stated the park dedication has been clarified and actual trail corridor. The remainder will be a cash dei_:., do v in t Council Member Reinert stated that when the C problem. City Planner Smyser advised the con There is a lot of wetlands and the lots ma environment and put the road in as pro ion to Killdeer and the to a map and pointed out is is only for a portion of the will receive credit only for the amount of $56,710. eviously reviewed the plat there was a of the lots were looked at over and over. nough. He stated it may be better to save the Council Member Carlson suggest of e Council be taken before a motion is made. She stated she has many concerns e s r e resolved before she can approve the application. Her concerns include the access o • d Bi ch, utilities, the need to cul-de-sac east of Old Birch, the road connection running ' e the b of the lots. She stated the previous plat did show full size Iots. She also expressed conce � r ` nvironmental Board did not review this plat. The Planning and Zoning Board did recomm ° d d nial of the application. There is not enough in the MUSA reserve. She stated she believes all se issues need to be taken care of before the application is approved. She referred to the problems that occurred with Henry Street. Mr. Hill stated the previous plat that was reviewed was conceptual. He noted he was not allowed to buy more property than he did. Council Member Carlson stated there have been other problems with purchasing property such as what occurred in Bluebill Ponds. She stated things need to be finalized before she can support this project. Mayor Bergeson stated the issue is not Bluebill Ponds and it is inappropriate to refer to that development. He asked if a cul-de-sac will be developed. City Engineer Powell advised the cul-de- sac was a recommendation that came from the feasibility study. There is no requirement for a cul-de- 15.- COUNCIL MINUTES JUNE 25, 2001 sac. Mayor Bergeson stated that he does not see the sewer coming from Birch Street as a disadvantage. The developer is paying for sewer that will service more than his property. He stated the MUSA issue is an issue that the City is going to have to face and sees no reason to save it. He added he believes that the City will have to request some of the proposed allocation of 2010 MUSA. Mr. Brixius advised the City asked for MUSA reserve a few years ago. That MUSA was intended to be for residential growth on the south side of the City. The City will have to slowdown its growth when there is no more MUSA. Council Member Reinert asked who will pay for the cul-de-sac on Old Birch. City Engineer Powell stated the developer is not causing the City to construct a cul-de-sac. The cul-de-sac was recommended from the feasibility study to eliminate traffic concerns. The cul-de-sac is not part of the recommendation. This development raised the issue. There is a bad corner there that has been bad for a long time. Council Member Reinert asked why the Environmental Board Planner Smyser advised the Environmental Board did revie, wants to hold on to project until they are comfortable wi be changed to do that. Council Member Carlson stated there have sign Board originally reviewed it. City Planner Sm The Environmental Board has seen sever state law and deadlines. this application. City The Environmental Board n. City ordinances will have to anges to the plan since the Environmental the plan has had a number of revisions. • s. The City cannot hold things up because of Mayor Bergeson asked where the ��`on t' deadline noting there has already been one postponement. City Planner S a. ; d a decision needs to be made this evening or the applicant can request another p .ne = nt. If another postponement is made, the Council needs to tell the applicant what th want Council Member O' Donne stated there are open items that need to be completed. He asked if the applicant will agree to a pos onement as long as there is a specific list of items to address. Mayor Bergeson suggested the Council give the applicant a few minutes to consider a postponement. The Council will continue this discussion after the applicant has made a decision. Resolution No. 01— 86, Lino Lakes Marketplace Improvements, Receive Feasibility Report and Set Hearing, (3/5 Vote Required), John Powell — Upon adoption of the agenda, this item was postponed until the July 9, 2001, City Council meeting. Consideration to Accept 2001 Environmental Board Goals, Marty Asleson - Mayor Bergeson stated a Council Member and staff member have suggested the action on the Environmental Board 2001 Goals be postponed because the Chair of the Environmental Board is not present this evening. He recommended this item be tabled until the next Council meeting. 16 • COUNCIL MINUTES JUNE 25, 2001 Council Member Dahl moved to table the 2001 Environmental Board Goals to the July 9, 2001, City Council meeting. Council Member O'Donnell seconded the motion. Motion carried unanimously. Consideration of Letter of Intent, Village Development, Mary Alice Divine — Economic Development Assistant Divine advised RMF Entities, Ltd and Duffy Development are interested in entering into an exclusive development contract with the City of Lino Lakes to develop Phase I of the Village. This phase comprises approximately 7.5 acres of City -owned land in the Village. This development team is interested in developing a mixed-use area consisting of retail, office and senior apartments. Staff has been working through a number of City and developer responsibilities that would be required to enter into an exclusive development arrangement. This letter of intent will be the basis for completing a development agreement. The key elements that would be included in a development agreeme �sd • An agreement to work cooperatively with other entitie plan • Granting exclusive development rights for a delays are out of the developers' control • Completion by the developer of market integrated development subject to reasonable extensions if roject budgets, concept plans and financing • Completion by the City of publi nts feasibility, inclusion of the Village plan into the Comprehensive Plan, resecond access into the site, finalization of plans with the YMCA • Cooperative efforts to • Inclusion of design • Cost sharing of preli win resolution to finalizing site assembly s for Village development nary sketches for Village marketing purposes • Responsibilities for public versus private consulting services This letter is not a final or binding contract, it is a combined effort of staff and the developers to narrow down the steps required to move forward with a development agreement. However, staff is recommending that the Council take action on this letter of intent to demonstrate that the City is willing to pursue this course for Phase I Village development. Economic Development Director Wessel added that it is important to move forward with this project. City staff needs time to prepare the development agreement for Council approval. Council Member Reinert moved to approve the Letter of Intent with RMF Entities and Duffy COUNCIL MINUTES JUNE 25, 2001 Development, as presented. Council Member Carlson seconded the motion. Council Member Carlson stated she is happy to see this come forwards and also glad that it states it is not final or binding because some of the elements are out of the City's control. She stated she does have concerns about the financial aspect to the City regarding the Tagg property. She stated she will support this item. Mayor Bergeson asked if the $2,000 figure for preliminary sketches is total or for both the City and developer. Economic Development Assistant Divine advised $2,000 is the total figure. Mayor Bergeson asked if the City's amount can come out of another fund. Economic Development Assistant Divine stated another funding source is not available for the City's share. Motion carried unanimously. Continuation of Saddle Club Discussion — Mr. Hill stated it seem plat itself. He requested a poll of the Council regarding the Com rezone. He stated the right-of-way issue with Birch Street an condition of approval. problems are with the lan amendment and ues can be made into a Council Member Reinert stated he knows of eleven o andltn i es. He indicated he cannot move forward with this project. Mr. Hill noted some of the issues are out of his Council Member Reinert stated the Cou .nsider all aspects of the project and the surrounding area. Some issue may . : op e developer's control but they still exists. The City Attorney advised an of the Council can be taken Council Member Reinert ted h.9 not support the application. Council Member Dahl stat she is concerned about a shortage of MUSA, the recommendation from the Planning and Zoning Bo d, and the sewer going east/west instead of north/south. She added that the lots are larger than R1 -X but it is not zoned R1 -X. She stated she is leaning towards a no vote on all three(3) items because she would like to see everything done before it comes before the Council. Mayor Bergeson advised he can support all three (3) items that need action. Council Member Carlson stated she would vote no on all three (3) items noting that there are some issues the developer can control. Council Member O'Donnell stated he would vote yes on the Comprehensive Plan Amendment and rezone and possibly yes to the preliminary plat with conditions that include securing access on the west side and an agreement for screening with the property owners to the north. He stated without those conditions he would vote no to the preliminary plat. 18*` COUNCIL MINUTES JUNE 25, 2001 Mr. Hill stated that if the application is postponed he would like a detailed list of what needs to be taken care of to the Council's satisfaction. Mayor Bergeson stated a list can be developed with the help of staff. Mr. Hill indicated he will accept a postponement to the July 9, 2001, Council meeting. Mayor Bergeson stated that Council Members should give a list of issues to staff. When this application comes before Council again, only those issues should be addressed. Council Member Carlson stated that her outstanding issues include the access from Old Birch, which direction the utilities will come from, the cul-de-sac, road connection to Kildeer, approval of screening from the neighbors, and the reason for denial from the Planning and Zoning Board. Mr. Hill stated there was no substantial reason given by Planning and Zoning Board Members. He stated he does not believe the request is an unusual request for the s half of the property. City Planner Smyser stated that when asked, the Planning an gave gave no reason for denial. Council Member Carlson inquired about the costs of Powell stated the direction of the sewer will not aff cost will be absorbed by the developer. If they costs. The City will pay for the rest. The direc $60,000 if for going under Birch and ease and ewer and water. City Engineer . If the sewer comes from the west, the the north there will be $60,000 additional sewer is a Council decision. The additional on costs. Council Member Reinert stated he i : $. c erned about issues that include the access to Old Birch, Planning and Zoning Board denial, e b ' yard to backyard situation. He suggested the possibility of the developer do e cost of reconstructing Old Birch due to traffic concerns. Mayor Bergeson noted a Powell stated those lots w Farms. uble frontage lots were created on Birch Street. City Engineer skrat Run and there are also double frontage lots in Wenzel City Administrator Waite Smith expressed concern that staff may not be not be able to obtain a reason for denial from the Planning and Zoning Board. Staff already requested that information and there is not another Planning and Zoning Board meeting before the next Council meeting. Council Member Carlson suggested Council Members review the minutes from the meeting or obtain an expanded version of the minutes on that section. Mayor Bergeson suggested staff type up a list of outstanding issues and give it to the Council and developer as soon as possible. City Planner Smyser verified the outstanding issues the Council is concerned about. 19."- COUNCIL MINUTES JUNE 25, 2001 Mayor Bergeson stated the City and developer should be able to address all the outstanding issues before the next Council meeting. Mr. Tome VonBische, Heritage Development, came forward and stated the minutes from the Planning and Zoning Board meeting were pulled and reviewed. No reason for denial was given. The closest to a reason was the City standards for R-1. The only understandable concern is the access issue. He stated he is very concerned that reference to Bluebill Ponds has been made. That project was very expensive and the road and utilities were a problem. He stated he does not like the idea that there may be bias from that project. Heritage Development has tried to comply with the City in every way. The Planning and Zoning Board just did not want the road. It makes sense to plat this property. Heritage Development has done a legitimate job in the City of Lino Lakes. Mayor Bergeson thanked the developers for their patience. He stated that hopefully an answer will be given at the next Council meeting. Council Member Reinert added he is not connecting anything to Bl F : ands. He is just looking at the proposed plat and all the outstanding issues. Council Member O'Donnell moved to table FIRST READ • i" e 09 — 01, Comprehensive Plan Amendment: MUSA Allocation; FIRST READING, 0 — 01, Rezoning; Resolution No. 01 - 77, Preliminary Plat, Saddle Club, Old Birc to e J `9, 2001, City Council meeting. Council Member Dahl seconded the motion. Moti c.z animously. UNFINISHED BUSINESS May 29, 2001, City Council Minutes 2001, City Council Minutes, as pres ci Member Dahl seconded the motion. Motion carried unanimously. tuber O'Donnell moved to approve the May 29, June 6, Council Work Sessio ute( Council Member Carlson referred to page 2, paragraph 4, and corrected it to read ", norm. velopment Director Wessel noted that he has heard...". Council Member Carlson 've''to approve the June 6, 2001, Council Work Session Minutes, as amended. Council Member einert seconded the motion. Motion carried unanimously. June 11, 2001, City Council Minutes — Council Member Carlson referred to page 2, paragraph 1, and corrected the spelling of Ann Boeckman. She referred to page 4, paragraph 7, and corrected the spelling of Raymond Stadum. She referred to page 5, paragraph 2, and corrected the spelling of Bart Rehbein. Council Member O'Donnell moved to approve the June 11, 2001, City Council Minutes, as amended. Council Member Reinert seconded the motion. Motion carried unanimously. NEW BUSINESS - None COMMUNITY CALENDAR JUNE 26, 2001 THROUGH JULY 9, 2001: 20' • COUNCIL MINUTES JUNE 25, 2001 Environmental Board Meeting, Wednesday, June 27, 2001, 6:30 p.m. Park Board Meeting, Monday, July 2, 2001, 6:30 p.m. City Hall Closed, Wednesday, July 4, 2001, Independence Day, Council Work Session Canceled City Council Meeting, Monday, July 9, 2001, 6:30 p.m. ADJOURN There being no further business, Council Member O'Donnell moved to adjourn at 10:40 p.m. Council Member Reinert seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Counci • , July 9, 2001. Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. ges , Mayor