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HomeMy WebLinkAbout07/09/2001 Council Minutes• • COUNCIL MINUTES JULY 9, 2001 CITY OF LINO LAKES MINUTES DATE : ' July 9, 2001 TIME STARTED : 6:30 P.M. TIME ENDED : 10:15 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson : None MEMBERS ABSENT 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; Community Development Director, Mike Grochala; Economic Development Director, Brian Wessel (part); Chief of Police, Dave Pecchia (part); and Sergeant Bill Hamme ) SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Dahl moved to approve the C Carlson seconded the motion. Motion c enda, as presented. Council Member ly. ITEM ACTION DISBURSEMENTS: July 9, 2001 (Che No. 62396, $291,141 S' Approved Centennial Fire Dis t Approved Consideration of Not Waiving Monetary Limits on Tort Liability Per MN Statute 466.04 Approved OPEN MIKE No one was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK There was no Finance Department report. COUNCIL MINUTES JULY 9, 2001 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consider Employee Request for Extended Leave of Absence — City Administrator Waite Smith advised Officer Shawn Silvera and his wife have accepted positions with the Peace Corps in Honduras, and will be departing July 24, 2001'2 This is a two -(2) year assignment, with the Silvera's returning in the fall of 2003. Officer Silvera has requested the City grant him an unpaid leave of absence in order that he may return to the police department after his Peace Corps assignment. The City Council would have to make an exception to its current leave of absence policy. City Administrator advised it is her recommendation and the recommendation of Chief Pecchia that an exception be made to the current policy, and offer twenty-seven month leave of absence to Officer Silvera. Officer Silvera has been an asset to the department, both on the street and behind the scenes with his knowledge of computers and the City's computer network. The exper e that Officer Silvera will acquire in Honduras, specifically increased knowledge of the Span' ge, would be of value to Lino Lakes as the community continues to diversify. As this is not a single incumbent position, the plan would this summer. The department would reincorporate hi bac given a vacancy exists in 2003. It is assumed that co least one new officer that year. Shawn understa ever, Council Member O'Donnell moved to agre leave of absence, as presented. Council unanimously. fficer Silvera when he leaves department when he returns, owth of the community would merit at ere are no guarantees. ilvera's request for a twenty seven-month Reinert seconded the motion. Motion carried PUBLIC SAFETY DEPART PORT, DAVE PECCHIA Quad Cities Police Forc Propo � Chief Pecchia presented the Quad Cities Police Force Proposal in detail noting Council d ' . requested regarding the continuing or discontinuing of the research of a Joint Law En ce ent Proposal. Chief Pecchia noted there is a meeting in July with the Mayors and City Administrators of the four - (4) cities. He asked that if Council Members have any questions about the proposal please let him know so the questions can be addressed at that meeting. Mayor Bergeson stated some time should be set aside at a Council work session for detailed questions about the proposal. Staff is only asking now for direction on whether or not the research should continue. Council Member Carlson stated she would like to hear from the Finance Director about the proposal. She referred to the Comprehensive Plan regarding pursuing joint ventures to reduce costs and stated she believes this is an opportunity for the City and she is supportive of pursuing. She added she hopes that the City will benefit in the same way as it did from the Centennial Fire Department. 2 COUNCIL MINUTES JULY 9, 2001 • Council Member Dahl moved to continue researching the Joint Law Enforcement proposal, as presented. Council Member O'Donnell seconded the motion. • Mayor Bergeson advised one of the items that was discussed with the cities' Mayors was the funding formula. The other cities do feel that all the cities will share in the savings in some way. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Consideration of Resolution No. 01— 90, Authorizing Condemnation of 6993 Black Duck Drive and 6998 Black Duck Drive for Public Trail — Public Services Director DeGardner advised for the past several years, the City of Lino Lakes has been attempting to place a public trail at the north end of Reshanau Lake. At the April 9, 2001 City Council meeting, the City Council approved the purchase agreements to acquire the necessary land located at 6993 Bi. uck Drive and 6998 Black Duck Drive. In June, 2001, staff was informed by one of the property ow property require a complex, time consuming, and expensi to the City. Subsequently, both property owners are revues condemnation process to acquire the land described i Therefore, staff is recommending the City Cou proceedings to acquire the necessary land a previously agreed with the property ow in effect. ortgage lenders of his authorize the sale of the land ity initiate a "friendly" hase agreements. the City Attorney to begin condemnation uck Dive and 6998 Black Duck Drive as 1 components of the purchase agreements will remain Council Member O'Donnell in ut a timeline if this item moves forward. Public Services Director DeGardner stated th ss f condemnation takes 120 days. Construction won't take place until the process is • mplet Council Member O'Donne k 'd if the City will lose the $30,000. DNR grant money. Public Services Director DeGardne tated the funds have to be spent by April 15, 2002. He indicated he hopes the City will be allowed on the residents' property before the 120 days is up. Mayor Bergeson asked if the 90 days can be waived if the process is a friendly one. The City Attorney advised 90 days is the minimum time for the City to take possession of the property unless the property owners allow the City to be on their property. Council Member Carlson thanked Mr. DeGardner for his work on obtaining the $125,000. grant for Clearwater Creek. Mayor Bergeson asked if part of the trail is on county property. Public Services Director DeGardner advised part of the trail is on county property. The funds will be used for the non -county portion. COUNCIL MINUTES JULY 9, 2001 Council Member Reinert moved to adopt Resolution No. 01— 90, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01— 90 can be found in the City Clerk's office. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Saddle Club, Heritage Development, FIRST READING, Ordinance No. 10 — 01, Rezoning (4/5 Vote Required); FIRST READING, Ordinance No. 09 — 01, Comprehensive Plan Amendment for MUSA Reserve Allocation (4/5 Vote Required); Resolution No. 01— 77, Preliminary Plat (3/5 Vote Required), Jeff Smyser — City Planner Smyser advised this application was originally scheduled for the June 11 City Council meeting, then the applicant agreed to postpone it to the June 25 meeting. At the June 25 meeting, the City Council tabled it, with the applicant's agreement, to the July 9 meeting. Members of the Council listed a number of issues for which they requested more information. These issues were listed in the letter to Heritage Develo. t on June 27 (copies were forwarded to the City Council). City Planner Smyser presented the staff analysis of the issue �. ste :. at t une 25 City Council meeting including clarification of the Environmental Bo rew e� ation and the park dedication breakdown. He also noted the original staff analysis o the n was given at the June 25 City Council meeting. Council Member Carlson asked what designate advised when the original reserve was crea how it could be used such as specific lo Council Member Carlson inquired west as compared to the north. have a net positive impact on deficit to the trunk funds. The Ci from the north. This is ba plat. eserve refers to. City Planner Smyser e Metropolitan Council laid out criteria on This site is in a designated location. utility charges if the City brings the utilities in the neer Powell advised that utilities brought from the west will ds. Utilities brought from the north would result in a net uld have to find an outside funding source if utilities come truck sanitary sewer and water charges generated by the proposed Council Member Carlson asked about the City responsibility regarding the payment of the road construction and sewer and water. City Engineer Powell advised the recommendation as is indicates the watermain loop will be paid by the developer. The sanitary sewer extension will be a City cost. The street reconstruction costs will be split 50/50 between the City and the developer. Trunk funds will more than cover that if utilities come from the west. Council Member O'Donnell referred to the public notices that were sent out and what the plat indicated at that time. He asked if there were two (2) different plats with one showing a connection at Kildeer and one that did not show the connection. He stated another notice was sent to the residents but a plat was not included. He stated residents may have been confused or felt deceived. He stated he agrees there needs to be a second access if the project goes through. He noted it is important that all residents got all of the information. 4 • • COUNCIL MINUTES JULY 9, 2001 City Planner Smyser stated the City always has to deal with the question of how much notification is sufficient. It is not possible to have enough notification. The second plat was received far too late to get to residents before the meeting. Also, staff did not bring a full recommendation to the Planning and Zoning Board meeting and recommended the hearing be continued. He noted that plats are not always sent out with notices and the City was short two (2) staff members at that time. State law requires a public hearing but copies of the plat do not have to be sent out. Council Member O'Donnell inquired about the length of the proposed cul-de-sac. City Planner Smyser advised the cul-de-sac would be longer than the City's maximum cul-de-sac length. Staff feels public safety will be served if a cul-de-sac is developed, however, a cul-de-sac is not necessary. City Engineer Powell stated another option is to put a cul-de-sac at the north end and also midway on the road. Mayor Bergeson advised a public hearing was held on May 9, 200 <x, ` o� er, the Council will take brief comments. Mr. Don Dunn, 6885 Black Duck Drive, came forward an st �Ky'he es not live in this area but his children's children do. He stated he knows the area ve w is to keep the children out of harm's way. The project puts the children in the are •pi's way. He stated he could not believe it when he saw an access at Kildeer as he thought t care of He asked why residents would attend a meeting when no access was shown tie data>. as available and staff was aware of the change. He stated he does not agree that th n s o act have been met and there is no written documentation supporting any of them rre . o traffic issues and stated a traffic impact study was not performed for this project. fair to expose the residents without a traffic study. Staff did indicate they wer, m .lm' stimates of traffic but have not distributed them. He stated he spoke with Chair Sch Planning and Zoning Board and he indicated the reasons for denial are in the report. The . . are '' the report and the Planning and Zoning Board did not feel the project is worth the SA k, -r could be a better project that will need MUSA and has less issues surrounding it. He . - project needs to be tabled and go back to the drawing board. Residents need to be in on pl . ning process. He added there are many places in the City that have only one access. He stated E^ does not think the residents would be opposed to an emergency gate. The Council needs to consider all the issues and the Council does have enough concerns to deny this project. Mr. Mike Prieve, 1047 Aspen Lane, distributed a copy of a petition that was signed by most of the residents in the neighborhood. He stated the biggest problem is residents feel that they were misled. The plat originally showed no connection at Killdeer so residents did not attend the meetings to discuss other options. He stated his subdivision has 90 homes that are using two (2) accesses and a proper way to shift the traffic pattern is needed. He stated his neighborhood can not handle any additional traffic. Screening may not be needed if there is no second access. The residents feel very cheated and misled. He asked for a no vote and indicated residents want to be more involved. 5 COUNCIL MINUTES JULY 9, 2001 Mr. Dave Eric, 6527 Pheasant Run South, stated there is no park area in the plat. All the traffic will come down Aspen to get to the park. He stated he did not receive any notices relating to the project. There is not adequate parking now for the park. He stated he hopes the Council will consider those issues and indicated he also feels cheated by not being involved. Mr. Greg Graves, 6532 Killdeer Drive, stated he has lived in his home for 12 years and likes living there. He and his wife have helped pay for schools and roads in the City. He stated he also feels cheated that the City is going to vote on something that will radically change his lifestyle. Traffic and speed are major concerns. He indicated he believes the curve in the roadway will be an eyesore and dangerous. Children will be in jeopardy as well as personal property. He stated residents do not feel they have been at all considered in this project with only a 2-3 week notice. He begged the Council to deny the application. Ms. Janell Dillartine, 6527 Pheasant Run South, stated the biggest complaint in the neighborhood now is the speed and traffic for park activities. Traffic is a major issu ng with the additional pressure that will be put on the neighborhood as a whole. Mr. Steve Schmidt, 998 Aspen Lane, thanked the Council M that Mayor Bergeson did not return his call and referred t Bergeson had made about government. He stated his 1. t is concern about having a roadway on two (2) sides of traffic and doesn't feel that the project is planne (3) sides of his house noting the trail and road is also a major concern. Mr. Eric Gamradt, 6503 Killdeer Dri have already been mentioned. He the reasons extensive screenin Safety is another main issue Mr. Richard Roth, 6550 B residents. He stated a cul - mentioned. By running the turned his calls. He noted relating to comments Mayor ontage lot and he expressed e stated he is also concerned about the e st ed he does not want asphalt on three It in that. Safety of the children in the area ares the same concerns with his neighbors that eening was mentioned but a lot more is needed noting . He indicated the Council should vote no on this project. fic and the road deterioration due to construction. Drive South, stated he shares the same concerns as the other on Old Birch and running the sewer from the west have been er from the west only one existing resident can be serviced. He added that the public meeting was very poorly run and very little information was given. He urged the Council to deny the project and go back to the drawing board. He suggested a plan that includes only one access with the sewer running from the north end and having a cul-de-sac on Old Birch at the end of the roadway or in the middle. Mayor Bergeson asked staff to review the options regarding a cul-de-sac and the sewer recommendation. City Engineer Powell reviewed the options regarding utilities coming in from the west or the north. He stated the City would not be able to recover its costs if the utilities come from the north. He noted the roads are designed to handle the additional traffic noting the reason for the concept of a cul-de-sac. He advised that traffic studies are not done for every subdivision. From an engineering standpoint, the recommendation includes two (2) accesses. He added that local roadways are designed for 1,000 — 2,000 trips per day. 6 • • COUNCIL MINUTES JULY 9, 2001 Mayor Bergeson noted the City can not send the plan back to the drawing board unless the applicant requests another extension. Mr. Craig Kruman, Attorney for Mr. Hill, came forward and reminded the Council of the legal obligations regarding this item. He stated there are only a few outstanding items that relate to Heritage Development and he does not believe a denial will hold up in court. He stated the applicant just received a Quick Claim Deed for the road access to Old Birch. The screening issues need to be referred to an expert. The Planning and Zoning Board denial can not hold up as a reason to deny. The MUSA should not be an issue because there is still MUSA in the bank. He noted MUSA from the bank was just recently allocated to other developments. Mr. John Hill, Heritage Development, stated he is present and will answer any questions. Mayor Bergeson asked if the applicant would like a vote taken this evening. Mr. Hill indicated he would like to proceed this evening with a vot Council Member O'Donnell clarified that at the last Council of the MUSA and rezoning because he felt the City previ issues. He stated he was not supportive of the proposed pla dicated he was supportive 'stake relating to those The City Attorney advised the Council has the o�,��' to fallow the standards within the ordinances and the decision has to be based onecific rfi cts. If the action taken is not consistent with current ordinances, specific reasons as to w be ven. Council Member Carlson asked if a er can make a motion and vote no on that motion. The City Attorney advised that is 1 Council Member Carlson m• ' '` . ppr e FIRST READING, Ordinance 10 — 01, as presented. Council Member O'Donnell secoM the motion. Council Member Carlson r rred to the findings of fact and stated they have not been met. She commented on the outstandi issues discussed at the last Council meeting and indicated they have not been addressed either. She requested the Comprehensive Plan of 1987 be reviewed. She also referred to the current Comprehensive Plan relating to utilities, City growth, premature subdivision, orderly development program, design of local and residential roads, and improvement costs for utilities. She stated she does not believe this is a good use of taxpayers' dollars. Mayor Bergeson asked for clarification regarding the conditions of approval that apply to which particular motion. City Engineer Powell reviewed what the City will pay for and what the developer will pay for if the utilities are extended from the west. There will be a net increase to the trunk fund after the City pays its share. The taxpayers as a whole are not paying for utilities. COUNCIL MINUTES JULY 9, 2001 Ms. Sherman referred to page 4 of the staff report that findings for the rezoning criteria are outlined if the application is denied. Council Member Carlson stated the application can be denied because it doesn't meet the following criteria: 1. The proposed action has been considered in relation to the specific policies and provision of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 3. Traffic generation by the proposed use is within capabilities of streets serving the property. Council Member Carlson called the question. Council Member O'Donnell asked if a rezone to R -1X w that was not considered because the property is already, zon zoning line down. The applicant would have to sub new plat. City Planner Smyser advised he applicant wanted to move the app ication to rezone to R -1X with a Council Member O'Donnell voted yea. CReinert voted no. Council Member Dahl voted no. Mayor Bergeson voted yea. er Carlson voted no. Motion failed with Council Memb ert, ahl and Carlson voting no. Mayor Bergeson asked if the ' � 1 sh. d continue with the other two -(2) actions. The City Attorney advised the Co cil shos ote on the other two -(2) items even if the reasons for denial may hinge on the first act Council Member O'Donnell oved to approve FIRST READING, Ordinance No. 09 — 01, as presented. Council Member Reinert seconded the motion. Council Member O'Donnell stated he believes that cutting this parcel in half was an error. Mayor Bergeson stated he believes the MUSA request fits the intent of the banked MUSA. The project is an infill project. He stated he does not believe that the City being out of the MUSA reserve is a reason to deny the request. He indicated he will support the MUSA allocation. Council Member Reinert voted no. Council Member Dahl voted no. Mayor Bergeson voted yea. Council Member Carlson voted no. Council Member O'Donnell voted yea. Motion failed with Council Members Reinert, Dahl and Carlson voting no. 8 • • COUNCIL MINUTES JULY 9, 2001 Council Member Reinert moved to adopt Resolution No. 01— 77, as presented. Council Member Dahl seconded the motion. Council Member Carlson noted the Planning and Zoning Board was unanimous in their recommendation of denial for this item. The City Attorney advised that based on the zoning ordinance denial, Council Members can not approve the plat. Mayor Bergeson stated he will vote no based on advice from the City Attorney. He stated this is a preliminary plat and issues related to the details of the plan could be addressed before final plat approval. Council Member Carlson indicated she did call Chair Schaps of the P two other members of the Board regarding their vote. She referred advised there is the possibility of this item being brought up at t ng and Zoning Board and bert's Rules of Order and cil meeting. Motion failed with Council Members Carlson, Dahl, O'D n ei and Mayor Bergeson voting no. Mayor Bergeson called for a short recess at 9:07 Mayor Bergeson reconvened the meeting a Mayor Bergeson asked Council Ment on their vote of the previous item relating to the findings of fact. Council Member O'Donnell �' at i e project was approved a cul-de-sac that is against City Ordinance would be crea d and 'onal traffic would be added to an already dangerous outlet at Birch Street. Council Member Reinert staid he has the same issues as Council Member O'Donnell noting the City Engineer did refer to Old Birch Street as a very dangerous intersection. He stated the project can not house that many units, creating an even more dangerous situation. Council Member Dahl referred to the criteria to deny the application relating to City policies and provisions and consistency with the Comprehensive Plan. She stated the City should not pay $90,000 for a development when there is the potential for nine (9) residents to hook up to City utilities sooner or later if they come from the north. The road can not be reconstructed at this time so it would be even more unsafe. Staff needs to look at something to make the roadway safe. She also noted the impact on the City's infrastructure. A copy of the residents' petition can be found in the City Clerk's office. 9 COUNCIL MINUTES JULY 9, 2001 Highland Meadows West 3rd Addition, TSM Development, Resolution No. 01— 92, Preliminary Plat (3/5 Vote Required), Cindy Sherman — Ms. Sherman advised TSM Development, Inc., has submitted an application for a preliminary plat entitled Highland Meadows 3rd Addition. The subject site is located south of Main Street and west of Lake Drive. The property is planned for low density residential uses and is zoned R-1/PDO and R-1'Districts. The proposed preliminary plat is a re -plat of a portion of Highland Meadows 2nd Addition and incorporates an additional 25 acres as part of the project. The Highland Meadows 2nd Addition included both single family and townhouse dwelling units in a subdivision based on coving design principals. The present application includes only single family residential lots. Ms. Sherman presented the staff analysis of the application noting comments from the Environmental Board were received. The Planning and Zoning Board reviewed this request and they recommended approval of the application based on conditions. She added that the conditions relating to the revised street alignment of Street A and Street D and revision of the plat to in , ® 10,800 of buildable area on each lot have been met and are not included in the resolution. Council Member O'Donnell referred to the condition relatin Public Services Director is satisfied. Public Services Dire with the park dedication condition. Council Member O'Donnell asked what was do City Planner Smyser advised a memo from the the issues. The Environmental Specialist a ation and asked if the er indicated he is satisfied e issues of the Environmental Board. ental Specialist dated June 22 addressed all ff on the project. City Engineer Powell noted the con o the width of the streets is to reduce the impervious surface. Council Member Dahl inquir Planner Smyser advised t e City develop a new ordinance t th eplacement of the trees that are being cut down. City not have a tree replacement policy. The City is trying to hat but more staff and additional funds are needed. Mayor Bergeson asked if th • eveloper is agreeable to the items from the Environmental Board. Mr. Steve Schmidt, developer for the project, came forward and stated the trees will be moved where it is applicable, however, there are drainage issues. There will be a landscaping escrow for additional trees. Over 100 trees have already been moved. There are six (6) existing houses on the site that will hook up to City utilities. Council Member O'Donnell moved to adopt Resolution No. 01— 91, based on the following conditions: 1. Any existing structure not located on a proposed lot within required setbacks is to be removed at the time of final plat approval. 10 • • COUNCIL MINUTES JULY 9, 2001 2. All grading, drainage and utility plans are subject to review and approval of the City Engineer. 3. Outlots A and D, minus the land necessary to replace existing park land costs with extension of Arlo Lane, are dedicated in partial satisfaction of park dedication requirements. The balance of required parkland dedication will be provided in the form of cash fee in lieu of land as prescribed by the Subdivision Ordinance. 4. Outlots B and C are conveyed to the appropriate landowners for access and a buffer strip, respectively. 5. Comments of other commissions and City Staff Council Member Reinert seconded the motion. Mayor Bergeson inquired about the double frontage lots. Mr. Schmidt advised the lots are 145 feet deep and landscapi w> be a for a buffer. City Planner Smyser clarified that the resolution refers eadows West 3rd Addition. Council Member Dahl inquired about the buffer „ening. Mr. Schmidt advised 50 double row pine tr h ` dy been planted. Mayor Bergeson noted there are som by trees. Motion carried unanimously. Resolution No. 01— 91 c age lots on Birch Street that are very well screened in the City Clerk's office. Lino Lakes Family Dentist ', Resolution No. 01— 92, Site Plan Review (3/5 Vote Required), Cindy Sherman — Ms. Sherman advised Lino Lakes Family Dentistry has submitted site and building plans for construction of 5,067 square foot medical office building on property located on Apollo Drive. The subject site is approximately 65, 340 square feet in size. The property is guided for future commercial development by the Comprehensive Plan and is zoned GB, General Business District. Medical office uses are allowed within this District as a permitted use. Development of a commercial use is subject to site and building plan review as provided for by Section 2, subd. 5 of the Zoning Ordinance. Ms. Sherman presented the staff analysis of the application noting the Planning and Zoning Board reviewed the application and they recommended approval of the site plan based on conditions. She noted several of the conditions have already been met and staff is recommending approval be based on the following conditions: 11 COUNCIL MINUTES JULY 9, 2001 1. Parking shall meet ADA standards. 2. All utilities, easements and grading plans are subject to review and approval of the City Engineer. 3. Site access is subject to review and approval of the City Engineer and Anoka County. 4. Park dedication requirements are satisfied in the based upon current City policies and Ordinance. Council Member Carlson referred to page 3 of the staff report relating to the parking area and stalls. She asked if the condition relating to the utilities, easements and grading plans addressed that issue. Ms. Sherman indicated the second condition does address the parking area and stalls. Council Member Carlson inquired about City liability if the City a difficult for vehicles to back out of. The City Attorney advised so it is adequate. Council Member Dahl asked if one handicapped parki Mr. Scott Mower, Progressive Architecture, cam an eight (8) foot wide concrete area next to the this number of stalls. There is also an area mething that it knows is oes meet ADA standards referred to the site plan noting there is code requires one handicapped stall for Council Member O'Donnell asked if�= roperty. that was MUSA swapped. City Planner Smyser advised the MUSA swap Mayor Bergeson asked if the. • rote : al buyer for the second site. v ^, Mr. Mower advised the in other user is unknown at this point. City Engineer Powell advise staff is recommending a requirement for a concrete curb. Also, a regional pond was constructed that this site will drain into. Council Member Reinert moved to adopt Resolution No. 01— 92, based on the following conditions: 1. Parking shall meet ADA standards. 2. All utilities, easements and grading plans are subject to review and approval of the City Engineer. 3. Site access is subject to review and approval of the City Engineer and Anoka County. 12 COUNCIL MINUTES JULY 9, 2001 4. Park dedication requirements are satisfied based upon current City policies and Ordinance. 5. A concrete curb will be required. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01— 92 can be found in the City Clerk's office. Centennial School District #12, FIRST READING, Ordinance 14 — 01, Rezone (4/5 Vote Required); Resolution No. 01— 93, Minor Subdivision (3/5 Vote Required), Cindy Sherman — Ms. Sherman advised ISD 12 has a letter of intent to purchase 15+ acres of industrial zoned land located at the northeast corner of the existing Centennial Middle School site for the purpose of building a new elementary school. The site is currently zoned L -I, Light Industrial and would require a change in zoning to PSP, Public/Semi-Public District to accommod ; te elementary school. The School District has requested consideration of the followin a °;•pm t applications to facilitate a new elementary school at this location. 1. Rezoning from L -I, Limited Industrial nin DisF" ' to PSP, Public/Semi-Public Zoning District. 2. Subdivision to create a parcel to a con '` ed to the School District. Ms. Sherman presented the staff analysi is a policy decision that is determine decision against the criteria outlin request and they recommended conditions. ication noting that any land use or zoning change ouncil. In this request, the Council must weigh its report. The Planning and Zoning Board reviewed this of the zoning change and minor subdivision based on Council Member Carlson , + transportation going to the west on a narrow two- (2) lane street. There is a Safe Streets Co tt and she inquired when they will be getting a plan regarding the reconstruction of Elm Street ity Engineer Powell advised a detailed feasibility study will be presented this fall, which will be based on 2002 construction. There will be many neighborhood meetings. Mayor Bergeson inquired about the construction schedule for the school. Mr. Chrisitianson, Superintendent, indicating the School District is looking at occupying the school in September 2002. Ms. Sherman advised the Council will be reviewing the site plan application. II/ Council Member Carlson moved to approve FIRST READING, Ordinance No. 14 — 01, as presented. Council Member O'Donnell seconded the motion. 13 COUNCIL MINUTES JULY 9, 2001 Council Member Dahl voted yea. Mayor Bergeson voted yea. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Motion carried unanimously. Council Member O'Donnell moved to adopt Resolution No. 01— 93, based on the following conditions: 1. The elementary school is combined with the middle school site to create a single lot. 2. The applicant pursue a conditional use permit and submit detailed development plans for the site. The site plan should illustrate how the plan will be integrated with the middle school. 3. Wetland replacement plans will be required and sub:; Rice Creek Watershed. 4. Vacation of the west half of 4th Street thro 5. Appropriate easements must be establi and rear lot lines. Council Member Dahl seconded the motio • , '` 'ed unanimously. Resolution No. 01— 93 can be found,', erk's office. review and approval of ed site will be required. existing utilities and along side Behm's Century Farm Park Final Plat (3/5 Vote Requir approved the preliminary s lat for received for approval of t Century Farm Development, Resolution No. 01— 94, ser — City Planner Smyser advised the City Council 's Farm Park Addition on May 29, 2001. A request has been The City typically requires a . mber of things for a final plat approval. These include: • Final plat must substantially conform to the approved preliminary plat. • Development agreement must be completed, including financial securities. • Title must be reviewed by City Attorney. • Conditions of approval must be met. The final plat conforms to the preliminary plat. No development agreement is necessary, as all roads and utilities exist. The City Attorney has confirmed that no title work is necessary for the plat approval because the City owns the property and will be selling it to the developer. City Planner Smyser reviewed the conditions of approval for the preliminary plat, noting the two- (2) ordinances were published June 18. They will be in effect July 18. The closing (when the City will 14 • • COUNCIL MINUTES JULY 9, 2001 sell the land to the developer) has been arranged for July 20. The City will not release the signed plat hard-shells for recording until July 18. This requirement is included in Resolution No. 01— 94 approving the final plat. The developer has provided a copy of the disclosure statement. It notifies buyers that "typical aircraft operations may result in perceptible noise and light effect" within the development area. Council Member Dahl moved to adopt Resolution No. 01— 94, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01— 94 can be found in the City Clerk's office. Consider Resolution No. 01— 95, Sealcoating, John Powell — City Engineer Powell advised each year the City maintains its streets by sealcoating. Sealcoating places a thin layer of oil and rock on the street to enhance the surface. Candidate streets include new streets that received the wear course 2 - 3 years ago and all other streets are done on a 5 - 7 year cycle. This ye •.roximately 7 miles of streets will be sealcoated at an estimated cost of $87,000. The 200ncludes $58,850 for and the final bid amount cifications for this work sealcoating. It is proposed to fund the difference between the b from the City's Sealcoating fund. City staff has prepared the and are requesting Council approval to advertise for bids. Council Member Carlson moved to adopt Resolution 95, as presented. Council Member Dahl seconded the motion. Motion carried unan Resolution No. 01— 95 can be found in th Consider Resolution No. 01— 96.2 the City undertakes a paving proje wearing course, in those devel this work is provided by asse to wearing course this year '.� clude Additions, and Pheasant The schedule for this projec rse; John Powell — City Engineer Powell advised place the final layer of bituminous, known as the ere the majority of lots have been built on. The funding for e respective subdivisions. The subdivisions receiving ater Creek 3rd Addition, Trappers Crossing 2nd and 3rd 10th Addition. City Council Approves Plans and Specifications City Council Authorizes Ad for Bids Open Bids City Council Awards Contract Construction Begins July 9, 2001 July 9, 2001 August 20, 2001 August 27, 2001 September 3, 2001 Council Member Dahl moved to adopt Resolution No. 01— 96, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01— 96 can be found in the City Clerk's office. 15 COUNCIL MINUTES JULY 9, 2001 UNFINISHED BUSINESS June 19, 2001, Council Work Session Minutes — Council Member O'Donnell moved to approve the June 19, 2001, Council Work Session Minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Council Member'Carlson abstaining. NEW BUSINESS - None COMMUNITY CALENDAR JULY 10, 2001 THROUGH JULY 23, 2001: Special Council Work Session, Wednesday, July 11, 2001, 5:30 p.m. Planning and Zoning Board Meeting, Wednesday, July 11, 2001, 6:30 p.m. EDAC Meeting, Thursday, July 12, 2001, 7:00 a.m. Charter Commission Meeting, Thursday, July 12, 2001, 7:0 Special Environmental Board Meeting, Wednesday, J Council Work Session, Wednesday, July 18, 2001, City Council Meeting, Monday, July 23, 200 ADJOURN There being no further business, C Council Member Dahl seconde These minutes were considered Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. er O'Donnell moved to adjourn at 10:15 p.m. on. Motion carried unanimously. proved at the regular Council Meeting July 23, 2001. 16 John ergeso , Ma r