The URL can be used to link to this page

Home My WebLink About07/23/2001 Council MinutesCOUNCIL MINUTES JULY 23, 2001 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES. : July 23, 2001 . 6:35 P.M. : 10:00 P.M. : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; City Engineer, John Powell; City Planner, Jeff Smyser; Economic Development Director, Brian Wessel (part); Finance Director, Al Rolek; Community Development Director, Mike Grochala; Chief of Police, Dave Pecchia (part); and Public Services Director, Rick DeG SETTING THE AGENDA Item 7E, FIRST READING, Ordinance No. 08 — 01, Selli Birch Street/Hodgson Road to Anoka County, was re Item 9A, Discuss Council Meeting Schedule, wa Item 9B, Rice Creek Watershed District M Item 9C, Planning and Zoning Board The agenda was approved as CONSENT AGENDA n the Northeast Corner of ve• ro agenda. agenda. ded to the agenda. Council Member Dahl mo O'Donnell seconded the mo ITEM was added to the agenda. to approve the Consent Agenda, as presented. Council Member n. Motion carried unanimously. ACTION DISBURSEMENTS: July 23, 2001 (Check No. 62397 - 62476, $200,140.58) Centennial Fire District Authorization to Conduct Excluded Bingo, Rice Lake PTO Approved Approved Approved COUNCIL MINUTES JULY 23, 2001 OPEN MIKE Mayor's Recognition to Ashley Grundtner, Lisa Hatlestad, and Esther Neu for Girl Scout Service Award Projects — Mayor Bergeson presented a recognition award to Ashley Grundtner, Lisa Hatlestad and Esther Neu noting the project completed by each individual. Mayor Bergeson thanked the Girl Scouts on behalf of the City Council, Park Board and City staff. Mr. Don Dunn, 6885 Black Duck Drive, came forward and stated he wants it to be recognized when the City listens to its citizens. He commended Council Members Dahl, Carlson and Reinert for their actions at the last meeting noting he believes a good decision was made for the City. He added he does respect the Council Members that did vote no. He stated the actions taken enabled him to see the tunnel and light again within the City. He indicated he believes the right decision was made. The City does need to look into the traffic problems on Birch Street. The City does have time for studies to be done relating to traffic throughout the whole City. Citizens wan ee the facts from the studies. He stated he is very proud of the citizens that came forw He ' ed that Council Member Carlson did say the issue could come back before Council accor' _`' the obert's Rules of Order. He inquired about the perimeters and time frame relating to t stated he would like to see something in writing from the City Attorney on that subje n. he ill come to City Hall and pick up a copy. He indicated that during the course of the S a dd1 Clu. ocess, he found out things that he did not know. He stated he will be back to address t 1 on those issues. The City needs a policy about what is done relating to preliminary d fin plats. He asked that that issue be put on a future Council meeting agenda. He thanke ncil Members for their support. Mr. Doug Miller, 7780 Lois Lane, came d an. stated he wanted to talk about broken promises concerning Molin Concrete and City the background of this issue noting many conditions of approval have still n� ° a� met olin seems to be operating their business anyway they want to. Residents have c and received no satisfaction. He reviewed a list of the resident's complaints in detai':° "efe K='d to an article in the Quad relating to improving the quality of life in the City's neighorhoo• e stated he thought the CUP was reviewed yearly and could be revoked if conditions are e stated the resident's have received no satisfaction from City staff or City Council Mem. s n. ting he thought the City would protect residents. He asked the Council to take action and . ed when that action will be taken. Mayor Bergeson advised this item will appear on a future Council agenda. No one else was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK Consider Resolution No. 109, Accepting Proposal for Banking Services (3/5 Vote Required), Al Rolek — Finance Director Rolek advised that for some time it has been the intent of staff, at the direction of the City Council, to evaluate the banking opportunities in the City. The purpose of this evaluation is to establish a banking relationship with the institution, which best fits, the banking needs of the City. 2 • • • COUNCIL MINUTES JULY 23, 2001 In May of this year, staff mailed Request for Proposals for Banking Services (RFP) to each bank within the City, Firstar Bank, Community National Bank and the Lino Lakes State Bank. The City received responses from each of these institutions. Upon comparing and evaluating the responses, staff found that all banks met the basic criteria and had the ability to deliver the services requested in the RFP. Two (2) of the institutions, Lino Lakes State Bank and Community State Bank, offered the best package of services and costs and were virtually identical in this regard. Other criteria of a more intangible nature, such as customer service orientation, community involvement, etc., were also considered in the evaluation. Again, both institutions have a high emphasis on customer relations and are involved in community events and service. At present, the City maintains one checking account, which is quite adequate for the City's needs. It has been suggested that perhaps the City could split its accounts between the institutions. While this may sound like a good solution on the surface it would result in twice the time and work the staff would have to dedicate to this area in terms of record keeping, reconciliation's, etc. A better solution might be to consider the institutions not designated as the depository f notes and special needs the City would have from time to time. T opportunity to participate in the City's overall financial goals. RFP process in three (3) years, at which time it is anticipated submit proposals. Given these factors and the results of the RFP, staff Resolution No. 109 — 01, accepting the proposal a three -(3) year term extending through Decem utside financing, negotiated fford them the e City will revisit the will be again invited to ds that the City Council adopt no L:i es State Bank for banking services for Council Member Dahl asked if the Lino : an c arges will remain the same for the three -(3) year term. Finance Director Rolek e no charges to the City for transactions. The proposal is good for three (3) year Council Member Dahl clarifi st that both banks were basically the same in their services. Council Member Carlson. extend the contract term fo can extend the term for an a out the statement in the resolution that indicates the City can e ' (3) additional years. Finance Director Rolek advised the Council itional three -(3) years or do another RFP. Mayor Bergeson inquired about the corporate credit card. Finance Director Rolek advised the City currently has a corporate credit card that is used to order items over the phone or travel expenses. This card is a replacement for the current card. Council Member O'Donnell moved to adopt Resolution No. 109 — 01, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 109 can be found in the City Clerk's office. • Public Hearing on Adoption of Business Subsidy Policy and Tax Abatement Policy; Granting a Tax Abatement and Granting a Business Subsidy, Al Rolek — Finance Director Rolek advised the COUNCIL MINUTES JULY 23, 2001 City Council will be considering several actions tonight in response to a request to provide financial assistance for the construction of a Target Superstore and Kohl's Department Store on the shopping center site on Lake Drive and 35W. 1. The first action under consideration is the adoption of a Business Subsidy Policy. Minnesota Statutes require that any local public entity that has the power to grant business subsidies must adopt a policy that includes criteria to be considered when evaluating a subsidy request. A determination must be made that the subsidy meets a public purpose other than increasing tax base. Those public purposes can include the potential for growth and spin-off development, whether the project includes special design or amenities beyond that required by the zoning ordinance, or whether it provides needed services within the City. If a project results in the creation of jobs, a business receiving a subsidy will need to establish how many jobs it will create and at what wag „! this policy proposed will be at 110% of the tonight, the City establishes that those guaranteed j federal minimum wage requirements, plus benef A public hearing is required before adopt' 2. The second action to be considered is on of a Tax Abatement Policy for the purpose of providing financial ass to ac . mplish economic development objectives. Tax abatement is a t that available to local public jurisdictions (the city, county and school dis na' es them to capture all or a portion of taxes on a parcel to assist in devel. wit n the city. Cities, counties an abatement. Tax no longer th the total . u ount o City's curr disis can each choose whether to participate in a tax cel of land can be abated for no longer than 10 years, or for o (2) or fewer jurisdictions participate. In any given year, erty taxes abated may not exceed the greater of 5% of the $100,000. The policy w establish the City's position relating the use of abatement, with objectives including development of the Town Center, retaining or increasing local jobs, enhancing the tax base, and affordable housing. 3. The third action to be considered is granting a tax abatement to the proposed Target/Kohl's project. The project is expected to generate approximately $24 million in market value when complete, and approximately $108,000 per year in City taxes. Anoka County and Forest Lake School District have declined to participate in this abatement, therefore the City can abate taxes on the parcel for 15 years. Granting an abatement requires a public hearing. 4 • COUNCIL MINUTES JULY 23, 2001 4. Finally, the City Council will consider a business subsidy agreement with Target/Kohl's. Because the business subsidy under consideration is in excess of $100,000, a public hearing is required. Finance Director Rolek advised staff is recommending the actions relating to the Request for Tax Abatement and the Business Subsidy Agreement be tabled until the August 13, 2001, City Council meeting. Mayor Bergeson clarified with the City Attorney that the public hearings can be held together. The City Attorney advised the public hearings can be held together but each item should be voted on separately. Mayor Bergeson opened the public hearing at 7:15 p.m. Mr. Bernie Hess, 1602 Thomas, St. Paul, came forward and stated he lot of background on these types of issues. He distributed informa Needs Budget by Family Size noting that public subsidies are v resources to work with due to the past legislature. He stated adequate for the policy. He warned the Council to be car development. High standards are needed for the City. The and companies that have the best interests of their e points that need to be considered with these type subsidy need to be held at a very high standard. of living has gone up and wages need to ke one a lot of work and has a ng a Monthly Basic 'es have limited nimum wage is not ring T1F to retail needs good strong job creations d families in mind. He reviewed the ting that companies who receive a sinesses also need to be protected. The cost Mayor Bergeson advised the Council '`�'� receive the Monthly Basic Needs Budget information. Mr. Don Dunn, 6885 Black 1 } 've, ame forward and stated this is a great opportunity for the City. The community ne s to d 'ng to make it happen. Taxes will eventually come back to the City and the project w a lot of other commercial business. He asked the Council to keep an open mind and m. y thi project happen. The plan received a ringing endorsement from the Planning and Zoning Board. e stated he is convinced the City can meet the environmental and traffic obstacles. The project needs to get done before the opportunity does not exist. Mr. John Ceseske, 487 Lois Lane, came forward and stated his concern is the traffic, noise and parking. He stated he also has a hard time subsidizing a big business unless it is offered to all businesses. Council Member Carlson moved to close the public hearing at 7:25 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Consider Resolution No. 01-104, Business Subsidy Policy (3/5 Vote Required), Al Rolek — Finance Director Rolek advised Resolution No. 01-104 establishes that the City has met the requirements of the business subsidy law and adopts the City of Lino Lakes Business Subsidy Policy. COUNCIL MINUTES JULY 23, 2001 Council Member Reinert moved to adopt Resolution No. 01— 104, as presented. Council Member O'Donnell seconded the motion. Council Member Carlson stated she will not vote against this item but she is very concerned about the wages. The Council is setting policies. This does not apply to businesses that are not receiving subsidies. She also expressed concern that passing this policy for Target/Kohl's is creating entitlements that could be used as negotiation tools. She reviewed the Basic Needs Budget for the City noting the wages that are needed for different family types. She asked the Council to consider wage requirements within the policy. Council Member Dahl stated she does agree with Council Member Carlson. Council Member O'Donnell stated he does understand the points that have been made. However, the City also has to consider the impact on local existing businesses and r it means to them. It could cause businesses to not be able to find employees or go out of busi ;'ss du ' o higher wages. Mayor Bergeson stated some businesses provide jobs for pri citizens and young people. Language is needed in the pol The two (2) tenants will pay wages at that level or hig He indicated he is in support of the wage proposal in ers as well as senior different types of employees. ill be management opportunities. Council Member Carlson stated when people arg low wages they can not afford to live in the city and the whole community suffers. Council Member Carlson proposed to the motion to increase the wages to minimum wage plus 25%. Council Memberd the amendment to the motion. Council Member Carlson sta a ar= '`xceptions that can be made and this only applies to businesses receiving a subsidy. Mayor Bergeson stated he ievs that is already understood. Council Member Reinert expressed concern relating to setting a policy that refers to a carved out segment of population that would work at Target. He indicated he believes the original wage numbers in the policy are fair. He also stated that he believes those working at Target, such as young people and senior citizens, are the majority that have minimum wage jobs. He added there are management opportunities within the company. Motion on the amendment failed with Council Member O'Donnell, Reinert and Mayor Bergeson voting no. Motion on Resolution No. 01 - 104 carried unanimously. Resolution No. 01— 104 can be found in the City Clerk's office. 6 COUNCIL MINUTES JULY 23, 2001 • Consider Resolution No. 01-105, Tax Abatement Policy (3/5 Vote Required), Al Rolek — Finance Director Rolek advised Resolution No. 01-105 establishes that the City developed objectives for the use of tax abatement, which include providing assistance to the Town Center, increasing the number and diversity of jobs, enhancing the tax base, or encouraging spin-off development. Policies for the use of tax abatement include developer responsibilities for demonstrating an ability to complete the project, providing cash equity investment, and that the project would not happen without financial assistance. Council Member Dahl moved to adopt Resolution No. 01-105, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 01-105 can be found in the City Clerk's office. Consider Resolution No. 01-106, Lino Lakes Marketplace Re Vote Required), Al Rolek — Finance Director Rolek recomme August 13, 2001, City Council meeting. Tax Abatement (3/5 table this item until the Council Member Carlson moved to table Resolution N' . 0 10. x 'the August 13, 2001, City Council meeting. Council Member Dahl seconded otion carried unanimously. Consider Business Subsidy Agreement with hl's, Al Rolek — Finance Director Rolek recommended Council table this item until A` r st , 2001, City Council meeting. Council Member O'Donnell moved t. , 'ewe `' siness Subsidy Agreement with Target/Kohl's to the August 13, 2001, City Council g ncil Member Reinert seconded the motion. Motion carried unanimously. ADMINISTRATION D PAR ' T REPORT, DAN TESCH Authorize Hiring CSO Ji Ca roll to Fill Vacant Police Officer Position (3/5 Vote Required), Linda Waite Smith — City n`rio ministrator Waite Smith advised at the July 9 meeting, the City Council approved a twenty-seven month leave of absence to Police Officer Shawn Silvera. The plan is to re -integrate Officer Silvera into the department upon his return from the Peace Corps. This would fit into the growth plan for the department. Staff would like to fill the vacancy created by Officer Silvera's departure by promoting Jim Carroll, currently the Community Service Officer. Mr. Carroll has been with the department since April of 2000. His promotion is the customary way the City fills vacancies in the Police Department. Council Member Reinert moved to approve the promotion of Jim Carroll to police officer, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. COUNCIL MINUTES JULY 23, 2001 Authorize Hiring Nabil Gubash as Community Service Officer (3/5 Vote Required), Linda Waite Smith — City Administrator Waite Smith advised Jim Carroll's promotion has created a vacancy in the department for a community service officer. Staff is recommending the hiring of Nabil Gubash for this part-time position. Mr. Gubash is currently a reserve officer with the department, and is attending school for law enforcement. The duties for this position include responding to animal complaints, office duties and general assistance to sworn officers. Council Member O'Donnell moved to approve the hiring of Nabil Gubash, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Accept Resignation of City Clerk, Ry-Chel Gaustad (3/5 Vote Required), Linda Waite Smith — City Administrator Waite Smith advised Ry-Chel Gaustad has submitted her resignation as city clerk effective July 13, 2001. Staff will begin the process of selecting her r ement immediately. The City does wish Ms. Gaustad the best with her career endeavors. Council Member Carlson moved to accept Ms. Gaustad's res' at n, esented. Council Member Reinert seconded the motion. Council Member Reinert stated it is a shame Ms. Ga Motion carried unanimously. PUBLIC SAFETY DEPARTMENT signing and she will be missed Consider Resolution No. 01— 99 °titin onation from Circle Lex VFW Post #6583 to Provide Bus Transportation Lake Elementary School Safety Patrol Event (3/5 Vote Required), Dave Pecchia — ecchia advised the Circle Lex VFW Post #6583 has donated $280.00 to the C of Li es to defray the cost of bus transportation for the Rice Lake Elementary School Safety gram. The school patrol students are awarded a trip to the Mall of America/Camp Snoopy r ap. eciation for their dedication to the school safety program enjoying Camp Snoopy for a day of . sement and rides. Council Member Dahl moved to adopt Resolution No. 01— 99, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 01— 99 can be found in the City Clerk's office. Council Member Carlson excused herself from the meeting at 7:45 p.m. Consider Resolution No. 01-100, Accepting Donation from Ladies Auxiliary VFW Post #6583 to Provide Bus Transportation for the Rice Lake Elementary School Safety Patrol Event (3/5 Vote Required), Dave Pecchia — Police Chief Pecchia advised the Ladies Auxiliary VFW Post #6583 has donated $280.00 to the City of Lino Lakes to defray the cost of bus transportation for the 8 • • COUNCIL MINUTES JULY 23, 2001 Rice Lake Elementary School Safety Patrol program. The school patrol students are awarded a trip to the Mall of America/Camp Snoopy in appreciation for their dedication to the school safety program enjoying Camp Snoopy for a day of amusement and rides. Council Member Reinert moved to adopt Resolution No. 01-100, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Carlson returned to the meeting at 7:47 p.m. Resolution No. 01-100 can be found in the City Clerk's office. Consider Resolution No. 01-101, Renew Agreement with the Minnesota Department of Public Safety for the Safe and Sober Project (3/5 Vote Required), Dave Pecchia — Police Chief Pecchia advised the Lino Lakes Police Department has participated in the Safe and Sober project for the past two (2) years. Staff is requesting that the Lino Lakes City Council all • e department to enter into a renewal grant agreement fore the period of October 1, 2001 thro Sep ber 30, 2002, and adopt Resolution No. 01— 102. Council Member Carlson referred to page 1 and asked w state average. Chief Pecchia stated he will find out whit V1T m s and get back to Council Member Carlson. ans referring to higher than City Engineer Powell advised "VMT" means v: icle s traveled Council Member O'Donnell moved to esolution No. 01-102, as presented. Council Member Carlson seconded the motio ��*n 'ed unanimously. Resolution No. 01-101 can b • the City Clerk's office. National Night Out Pro Out was designed to heig participation in local anti -c relations and send a messag amati i 1 ave Pecchia — Police Chief Pecchia advised National Night and drug prevention awareness, generate support and e ' forts, strengthen neighborhood spirit and police -community o criminals letting them know their neighborhoods are organized and fighting back. Residents lock their doors, turn on their outside lights from 7:00 p.m. to 10:00 p.m. and get together with their neighbors. National Night Out is for all neighborhoods and businesses in Lino Lakes, not just established neighborhood watch groups. Staff is requesting that Council acknowledge the National Night Out Proclamation in the City's support of designating August 7, 2001 as National Night Out in the City of Lino Lakes. Chief Pecchia read the proclamation in full. Mayor Bergeson proposed an amendment to the proclamation that where it refers to "Mayor Bergeson" it be changed to "City Council". COUNCIL MINUTES JULY 23, 2001 Council Member Dahl moved to approve support of National Night Out, August 7, 2001, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Mayor Bergeson asked for information regarding establishing a neighborhood watch group. Chief Pecchia advised residents can call 982 — 2304 and ask for Sergeant Mortenson. He will assist residents in forming a watch group. He added 'if Council Members are interested in riding with Officers that night they should also call Sergeant Mortenson. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER FIRST READING, Ordinance 15 — 01, Amending City Code Concerning Parking Restrictions (3/5 Vote Required), Rick DeGardner — Public Services Director DeGardner advised the Public Services and Public Safety Departments are recommending to the City Council to amend Section 802 of the City Code pertaining to "parking". The proposed ordinance prohibits parking of vehicles on a City street between the hours of 2:00 a.m. — 6:00 a.m., from November 1— April 1. Parking is also prohibited when 2 or more inches of snow has accumulated until the s has been plowed. Residences without an established driveway, to include new cons tion, exempt from winter parking restrictions. The impetus for the proposed ordinance is due to the imp operations of the Public Services Department. A typic Services personnel approximately nine (9) hours to c cul-de-sacs. Snowbirds prolong this process sin ;*c replow the snowbird areas. The Public Safety Department supports exposure to possible theft from vehic access. ' have on the plowing n of 2" — 3" takes the Public e roads, dead ends, parking lots, and Se ces personnel need to back track to ordinance for various reasons including less run incidents, as well as better emergency vehicle Temporary exemptions may ed i advance by contacting a police officer from the Lino Lakes Police Department. If the proposed ordinance i ppr6ved, staff will communicate the winter parking restrictions to residents by including an art a in the fall and winter city newsletters, submitting an article to the Quad, and placing the new ordinance information on cable. Council Member Reinert stated he is in support of parking restrictions but this may be too restrictive. He requested this issue be discussed further at a Council work session. Council Member Carlson indicated she agrees with Council Member Reinert because the proposal would mean there is no overnight parking for five (5) months. The concern is that the public may not be aware of this proposed change. More public awareness is needed. Mayor Bergeson asked if a delay on this item would cause a problem. Public Service Director DeGardner advised if this item is delayed it will not appear in the fall newsletter. 10 COUNCIL MINUTES JULY 23, 2001 • Mayor Bergeson suggested the proposed change be included in the fall newspaper. i • Council Member Reinert moved to table FIRST READING, Ordinance 15 — 01, Amending City Code Concerning Parking Restrictions, for further discussion. Council Member Carlson seconded the motion. Motion carried with Mayor Bergeson'Voting no. Mayor Bergeson directed staff to somehow communicate the proposed change with citizens. Council Member Reinert stated he would like more perimeters for the ordinance. The ordinance change should be tailored for snow removal. He requested staff specify more perimeters about when cars should be off the street. Council Member Carlson noted the proposed change is for a period of five (5) months. Public Services Director DeGardner stated that is the typical duration for no parking restrictions within other communities. Consider Resolution No. 01— 97, Accepting Donations from ions Club and the Centennial Fire District for Football Program (3/5 Vote'Tr qui d , ck DeGardner - Public Services Director DeGardner advised the Lino Lakes Par ion Department was approached last fall by the Centennial Youth Tackle F..tb. Or.. ation to find ways to improve their football program. After several meetings it was that the Lino Lakes Parks and Recreation Department could administer this foo ogram more efficiently. In order to provide equipment for each te. t „ tacted several organizations in the community requesting donations. The es ' arks and Recreation Department received $500 from the Circle -Lex Lions Club an $ �_ �� entennial Fire District. Mayor Bergeson stated the Co :,se discussing contributions by the City for athletic events. He asked if donations from t or other organizations will be a part of that discussion. City Administrator Wait eSmith d this donation came from charitable gambling funds. Council Member Dahl mo to adopt Resolution No. 01— 97, as presented. Council Member Reinert seconded the motio Motion carried unanimously. Resolution No. 01— 97 can be found in the City Clerk's office. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Resolution No. 01-108, Approving Variance to Allow Accessory Building Closer to Front Lot Line Than Principal Building, 8075 20th Avenue No. (3/5 Vote Required), Jeff Smyser — City Planner Smyser advised Mr. Sai Lee has applied for a variance from the prohibition on building an accessory building closer to the front lot line than the principal building. City Planner Smyser indicated the staff report is based on a 1999 Certificate of survey of the property by E. G. Rud & Sons, Inc. and a hand drawing showing the approximate location of the proposed accessory building. Both were received June 6, 2001. 11 COUNCIL MINUTES JULY 23, 2001 The City's zoning ordinance states that "No detached accessory structure shall be closer to the front lot line than the principal building or its attached garage (Section 3 Subd. 4.D.1.c.). City Planner Smyser presented the staff analysis of the application noting the Planning and Zoning Board considered the application on July 11, 2001, and recommended approval based on one condition. Staff is also recommending approval based on a condition. Council Member Carlson clarified the structure is a 20 x 24 -foot garage. She asked if the only issue is that is will be closer to the front lot line than the principle building. City Planner Smyser advised the only issue is the structure being closer to the front lot line than the principle building. Council Member O'Donnell moved to adopt Resolution No. 01-108, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01-108 can be found in the City Clerk's office. Centennial School District, SECOND READING, Ordin Required); Reconsider Resolution 01— 93, Minor Sub a'; of Approve (3/5 Vote Required), Jeff Smyser — City ' lan Council approved the first reading of Ordinance 14 — District. The District intends to build a new ele ezoning (4/5 Vote ove, To Revise Conditions S °' m > `er advised on July 9 the City ing property for the Centennial School on the site. Also on July 9, 2001, the City Council app d or subdivision, which created the lot on which the new school is to be built. T The staff report included several c to both the rezoning ordinance 1. The elemtary lot. one with Resolution No. 01 — 93. proval, and the City Council attached the conditions lit resolution. Those conditions were: site is combined with the middle school site to create a single 2. The applican .ursue 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 subject to the review and approval of Rice Creek Watershed. 4. Vacation of the west half of 4th Street through the proposed site will be required. 5. Appropriate easements must be established over all existing utilities and along side and rear lot lines. 12 • • • COUNCIL MINUTES JULY 23, 2001 Rezoning: Staff has been working toward eliminating the practice of attaching conditions of approval to a rezoning. Recall the process: the second reading of the ordinance occurs, the rezoning ordinance is published, then the rezoning becomes effective after 30 days. Once the ordinance is effective, the property is rezoned. It is impossible to enforce any conditions of approval after that. Conditions attached to a rezoning mean that the conditions must be fulfilled before the City can actually rezone the property. That is, before the City approves the second reading, or before the ordinance is published, the conditions should already be fulfilled. It is staff's view that if there are unresolved issues for a rezoning, the rezoning should not be approved. In the case of the School District rezoning, the City has no outstanding issues with the rezoning itself. Therefore, the rezoning should proceed. Minor Subdivision: As to a minor subdivision, attaching conditions means that there are things that must be done before the City signs off on the subdivision. In the case e School District subdivision, the City wants the utility easements added to the sure � so th=e, are recorded with the property. The City also wants the lot combined with the existin c �l pr•erty so it is all one parcel. These two (2) things apply to the subdivision itself: ff of a piece of property from a larger piece, and the recording of it. The other conditions refer to the site plan review, co se permit, wetland impacts, and vacation of the road. All these things can and shsed as part of the typical site plan and CUP review. A site plan and CUP review are n ess .efore a school is built anyway. There is no need to hold up the lot split to wait for the � _� o •. submitted. Current Situations: As it stands no including wetland review and roa and before the rezoning can go split, rezoning, and land tran normal zoning ordinance y 9 approval actions, the site plan and CUP, uld have to be completed before the lot split occurs Staff does not believe it is necessary to hold up the lot A e plan review and CUP review is necessary under the Staff is recommending app al • f the second reading of the rezoning ordinance without any conditions attached. Staff is also recommending that the City Council agree to reconsider the resolution that was adopted on July 9. This will required a vote of the Council to reconsider it. Then, staff is recommending that the City Council adopt the revised Resolution No. 01— 93, with only two (2) conditions of approval. Council Member Carlson asked if the City is making a change in procedure and if the conditions were part of the Planning and Zoning Board approval. City Planner Smyser advised the conditions were not part of the rezoning approval by the Planning and Zoning Board. They were included at the July 9 City Council Meeting, but staff felt they could be addressed at the second reading. 13 COUNCIL MINUTES JULY 23, 2001 Council member Carlson asked if the conditions originated at the staff level. City Planner Smyser advised the Planning and Zoning Board attached conditions to the minor subdivision. An outside consultant did the report. The net result will allow the rezoning and minor subdivision to occur now. The other conditions will be addressed with the site plan review and CUP review. Council Member Dahl asked if some of the conditions are being eliminated. City Planner Smyser advised the revised resolution includes two (2) conditions of approval. Three (3) of the original conditions are being eliminated. Council Member Dahl asked why the three (3) conditions are being removed. City Planner Smyser advised the three conditions are unnecessary. A site plan review and CUP review will be required. The parcel can not be subdivided if those conditions are required for the subdivision. The conditions will be fulfilled as part of the site plan review. Mayor Bergeson asked how the City will assure the conditions do get Planner Smyser stated the revised resolution includes two (2) cond. normal conditions for a site plan review. Staff will include the hed to the site plan. City e other conditions are lan approval. Council Member Reinert moved to approve SECOND ' I , Oa nance 14 — 01, as presented. Council Member O'Donnell seconded the motion. Mayor Bergeson voted yea. Council Member C a. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Coun ; er Dahl voted yea. Motion carried unanimously. Council Member O'Donnell move a ons r Resolution No. 01— 93. Council Member Reinert seconded the motion. Motion • a 'mously. Council Member O'Do 11 mo t. adopt the revised Resolution No. 01— 93, as presented. Council Member Dahl se `' _a ` motion. Motion carried unanimously. Ordinance No. 14 — 01 and 4' solution No. 01 - 93 can be found in the City Clerk's office. Resolution No. 01— 98, Making a Negative Declaration On The Need For An Environmental Impact Statement Based on the Environmental Assessment Worksheet, Lino Lakes Marketplace, Dellwood LLC (3/5 Vote Required), Jeff Smyser — City Planner Smyser advised the purpose of the Environmental Assessment Worksheet (EAW) is to determine whether an Environmental Impact Statement (EIS) is needed for a project. The EAW is defined by state statute as a "brief document, which is designed to set out the basic facts necessary to determine whether an EIS is required for a proposed action". The purpose of the EAW process is to disclose information about potential environmental impacts of the project; it is not an approval process. The information disclosed in the EAW process has two (2) functions: 1) to determine whether an EIS is needed, and 2) to indicate how the project can be 14 • COUNCIL MINUTES JULY 23, 2001 modified to lessen its environmental impacts; such modifications my be imposed as permit conditions by regulatory agencies. The Environmental Quality Board rules assign responsibility for preparing the EAW and determining the need for an EIS to a specific unit of government. The Responsible Governmental Unit (RGU) is generally the unit with the greatest responsibility for approving or supervising the project as a whole. The City of Lino Lakes is the RGU for the Marketplace project. The RGU (City Council) is required to make a decision on the need for an EIS between three (3) working days and thirty (30) days after the comment period ends. The comment period of the Marketplace project ended on July 11, 2001. The purpose of the EAW, comments and comment responses is to provide the record on which the RGU can base a decision about whether an EIS needs to be prepared for a project. EIS need is described in the rules: "An EIS shall be ordered for projects that have the potential for significant environmental effects." In deciding whether a project has the potential for significant environ compare the impacts that may reasonable be expected to occur fro this rule," considering the following factors (part 4410.1700, su 1. Type, extend, and reversibility of the envir This deals with the nature and signifi could result from the project. It r augmented by information from 2. Cumulative potential eff The second criterio other potential Cumulative i 3. The extent regulatory a al effects, the RGU "shall t with the criteria in e environmental effects that will or ectly"'n the EAW information and may be ents and responses. or anticipated future projects. icu o apply in practice often because little is known about less they are also under review at the same time. e •f cussed in Item 29 if the EAW. nvironmental effects are subject to mitigation by ongoing public This is frequently the main justification for why an EIS is not required. Projects often have impacts that could be significant if not for permit conditions and other aspects of public regulatory authority. 4. The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer including other Environmental Impact Statements. This criterion enters in only where the same information that would be sought in an EIS already is available through past studies, including other impact statements. 15 COUNCIL MINUTES JULY 23, 2001 The RGU is obligated to examine the facts, consider the criteria and draw its own conclusions about the significance of potential environmental effects based on the EAW, comments received and responses to the comments. The RGU may postpone its decision on the need for an EIS for up to 30 additional calendar days if it determines that "information necessary to a reasoned decision about the potential for, or significance of, one or more possible environmental impacts is lacking, but could be reasonably obtained" (part 4410.1700, subpart 2a). City Planner Smyser advised staff has reviewed the comments received during the thirty -day review period. He referred to a copy of the comments and responses made noting they have been revised to incorporate the Environmental Board comments. He briefly reviewed the comments and specific action taken by the Environmental Board. Staff is recommending the City Council make a Negative Declaration on the Need for an Environmental Impact Statement based on the following: 1. That potential environmental impacts associated with the proposed Marketplace Development shall be mitigated in an acceptable mann , d therefore an Environmental Impact Statement is not necessary. 2. Mitigation of potential environmental impact means: ved by the following a. Conditions of approval of�' 'nary Plat/Planned Development Overlay Site Plan; and b. Permit condition o` ons of various public regulatory authorities including, but 'te• o the City of Lino Lakes, Rice Creek Watershed District, Council Member Carlson refe -. -- 9 of the document relating to approval from the Metropolitan Council and th-"ent garding the purchase of an equal amount of parkland. She asked if that issue has be - resol City Planner Srnyser advised staff believes that issue has been resolved. Staff spoke wit •� eLinde of Anoka Parks and he also indicated that issue has been resolved. The wetlands pr.` . se. within the project are part of the long-range plan for the park. The wetland mitigation provides if opportunity to fulfill the Anoka County parks plan. Council Member Reinert moved to adopt Resolution No. 01- 98, as presented. Council Member O'Donnell seconded the motion. Council Member Carlson advised she will support this item for reasons that the area has been planned for a long time. She referred to the letters of comments and stated she believes that are issues that still need to be addressed and resolved. She reviewed some of the comments made by the DNR and the Metropolitan Council noting they made strong comments that have to be addressed by the City. She stated she believes the project should move forward. Motion carried unanimously. 16 • • • COUNCIL MINUTES JULY 23, 2001 Resolution No. 01— 98 can be found in the City Clerk's office. Mayor Bergeson called for a short recess at 8:40 p.m. Mayor Bergeson reconvened the meeting at 8:45 p.m. Lino Lakes Marketplace, FIRST READING, Ordinance No. 16 — 01, Rezone for PDO (4/5 Vote Required); Resolution No. 01-107, Preliminary Plat Approval (3/5 Vote Required), Mike Grochala - Community Development Director Grochala advised revised plans were received on Friday, June 29, 2001. A review of the plans, based upon the issues and concerns that were raised in the June 7, 2001 report to the Planning and Zoning Board, as well as the memo dated June 18, 2001, has been completed. The Planning and Zoning Board did recommend approval of the PDO and Preliminary Plat/Site Plan at its July 11, 2001, meeting with 18 conditions included as Attachment 1. Additionally, staff has added condition no. 19 with regard to installation of a bituminous trail segment along Lake Drive. However, in response to previous Council action and subseque developer is in the process of evaluating an alternative secon acceptable to the County. The new access location does r circulation configuration. Staff did meet with the developer and County Hi location. Staff believes a reasonable solution h Due to the changes of moving the access, s preliminary plat approval to the August Community Director Grochala th Council Member Reinert Director Grochala advise given for the second acce with Anoka County, the cation that would be changes to the Outlot and ngm er today to discuss the revised access ached by moving the access to the north. ending the City Council table the rezone and ity Council meeting. t Langfield for all her help regarding this issue. ask se ''nd access will be granted. Community Development that as t e discussion today, the plans will change but a permit will be Council Member Reinert m ed to table FIRST READING, Ordinance No. 16 — 01, Rezone for PDO and Resolution No. 01— 017, Preliminary Plat Approval, to the August 13, 2001, City Council Dahl seconded the motion. Motion carried unanimously. FIRST READING, Ordinance No. 08 — 01, Selling Property on the Northeast corner of Birch Street/Hodgson Road to Anoka County (3/5 Vote Required), John Powell — Upon adoption of the agenda, this item was removed. Resolution No. 01-110, 2001 Surface Management Project, Approve Plans and Specifications, Authorize Advertisement for Bids, John Powell — City Engineer Powell advised after storm water ponds and drainage ways are constructed, they require periodic maintenance to ensure their effectiveness. Five (5) areas have been identified for maintenance in 2001, they are located as follows: COUNCIL MINUTES Location Mar Don Acres Twilight Acres 2nd Addition Highland Meadows West Thomas Street Tomahawk Trail JULY 23, 2001 Type of Maintenance storm sewer outlet repairs pond cleaning downstream ditch cleaning storm sewer outlet repair install storm sewer and ditch cleaning The maintenance activity required at these sites is more extensive than what is typically undertaken by Public Works staff. The selected sites also have limited accessibility. They have been combined into one project in order to minimize mobilization costs. The funding for this work is provided by the Surface Water Management Fund. This fund was established in 1992 as a revenue source to meet the "administrative, p ng, ponding, mitigation, and water quality needs" of the City. It is reimbursed through asse . new subdivisions and is also collected as property owners connect to City utilities. The schedule for this project is as follows: City Council Approves Plans and Specificati City Council Authorizes Ad for Bids City Council Awards Contract Construction Begins Council Member Dahl stated she rec from a resident wondering if he w Powell advised the property ow has an appreciation for what • Mr. Greg Bertte, 552 Birc be done on the landscaping property so there is no pract July 23, 2001 July 23, 2001 August 27, 2001 September 1, 2001 two (2) residents regarding this issue. One was e water running down Tomahawk. City Engineer Zych. After reviewing the plans with Mr. Zych, staff feel osed. e forward and expressed concern relating to damage that may easement. The storm pipe is being put in on the west side of the purpose for draining the pond. The kids enjoy the pond very much. There was a lot of concern at one point about the sediment but that has been resolved. The elimination of the pond would cause a loss of landscaping, property value, and a beautiful area that is very appreciated. He stated every map he has seen shows it as a wetland and he does not want to lose the pond. The pond was drained twice this year. He added he is aware that the water table does determine the level of the pond. He stated that if the pond is drained, he would like to the City to relinquish all claims to the drainage easement. He stated many residents in the area will be affected if the pond is drained. Mr. Kevin Backen, 6498 Tomahawk Trail, stated he does not want water in his neighbor's basement but the plan serves no purpose. He suggested drain tiles be installed to take care of Mr. Beckman. He stated he fishes in the pond and uses it for skating in the winter. He indicated he does realize there are problems with the water table but does not think they are due to the pond. The City Engineer has 18 • • COUNCIL MINUTES JULY 23, 2001 done no testing. He stated he does not have a problem with the drainage pipe even though a lot of trees will be lost. He stated he believes there will be a mud hill there. It is fine if the pipe has to go in but there is no reason to fill the pond. Mr. Marty Beckman, 6492 Tomahawk Trail, stated his basement will be 1-1/2 feet below the drainage pipe and that will cause problems. He stated he has to remove his fence and move his well. The only way to solve the problem is to eliminate the pond. He thanked City Engineer Powell for all his help and effort on the plan. He stated he does want to be respectful to his neighbors but an agreement can not be reach on the right level of the pond. He stated it would be a waste of money for the City to put in a drainage pip and leave the pond as is. Ms. Roxanne Zych, 6478 Tomahawk Trail, stated Mr. Wedel did review the plan with her. She requested the Council approve the plan with a berm. She stated her sump pump runs all the time because of the pond. She indicated has mold growing in her basement and wants to see the pond eliminated. City Engineer Powell stated the property owners do make good • m' •ipe will be installed consistent to the original grading plan. He stated staff can nat eliminating the pond will solve all the resident's sump pump problems or probl er in their basements. The well on one property does have to be moved for the pi in lat Trees will be effected but staff will work with the City Forester and residents. Sto ipe is required to eliminate long-term maintenance issues. Staff is recommending the ve '". d with the proposal as is. Council Member Reinert asked for clarific Engineer Powell stated the resident is re City won't leave the pond as is. St Council Member Reinert asked City Engineer Powell advise maintained properly to t ty relinquishing rights to property. City the City vacate the easement for the pond if the mmend vacating the easement. osal will help sump pump problems the residents have. e project will help because the system has not been Council Member Reinert . ! - d i ' drain tiles will eliminate the problem. City Engineer Powell advised drain tiles will not s e the problem. Mayor Bergeson inquired about the waterfall within the pond. City Engineer Powell advised the waterfall is probably coming from the pond itself. Mayor Bergeson asked if that is a permitted use of drainage system water. City Engineer Powell advised if the water is from the existing water no additional water is being added to the system. If it is coming from another source, staff would be very concerned Mayor Bergeson asked if the well is currently in the easement area. City Engineer Powell advised the well is currently in the drainage easement 5-6 feet from the property line. The property owner is willing to spend the money to move the well to eliminate their existing problems. 19 COUNCIL MINUTES JULY 23, 2001 Mayor Bergeson asked how the City ended up with a well in the drainage easement. City Engineer Powell stated he can not answer that question. Mayor Bergeson asked if the well will still have to be moved in the pipe can go in the center of the easement or in another part of the easement. City Engineer Powell advised the well will still have to be relocated. Council Member Dahl moved to adopt Resolution No. 01-110, as presented. Council Member O'Donnell seconded the motion. Council Member Carlson stated she believes the well preceded the placement of the pond. She stated she hopes the project will result in better drainage for the area. City Engineer Powell advised the well was put installed in 1988 and the compromise to expand the pond was in 1989. Mayor Bergeson stated the pond is an amenity. However, the City do purpose of the pond was for water flow and control. The purpose to keep that in mind. It is tough to lose the pond but the City ne- Motion carried unanimously. Resolution No. 01-110 can be found in the City Cl UNFINISHED BUSINESS ed to remember that the nage and the City needs drainage systems. June 25, 2001, City Council Minutes • it Member Dahl referred to page 14, paragraph 9, and corrected the first sentence to read r s . sented.his analysis of the application...". She referred to page 15, paragraph 11, the first sentence to read "Council Member Carlson stated there have been other pro purchasing property such as what occurred in Bluebill Ponds". She referred to page 10 and corrected the first sentence to read "Mayor Bergeson stated a Counc'. Memb - d staff member...". Council Member Carlson r-T`rreto page 8, paragraph 2, and corrected the first sentence to read "Council Member Carlson s ed the Council did not raise the 7575 household goal". Council Member O'Donnell corrected the name "Walnut Farms" to "Waldoch Farms". Council Member O'Donnell moved to approve the June 25, 2001, City Council Meeting Minutes, as amended. Council Member Carlson seconded the motion. Motion carried unanimously. NEW BUSINESS Discuss Council Meeting Schedule — Mayor Bergeson stated the Council needs to schedule a meeting to discuss the Request for Assistance for Target/Kohl's/Ryan Companies and the Request for Financial Assistance of Local Athletic Teams. 20 COUNCIL MINUTES JULY 23, 2001 • Council directed staff to schedule a Special Council Meeting August 1, 2001, 5:30 p.m. • • Mayor Bergeson requested information from the City Attorney be presented relating to the policy issue on the Request for Financial Assistance of Local Athletic Teams. Rice Creek Watershed District Meeting — Mayor Bergeson stated the Rice Creek Watershed District is having a meeting Wednesday, July 25, 2001, to consider the request from Ryan and the City relating to the Marketplace Development. He stated he believes the City needs to be represented. He stated he will be present at the meeting and requested another Council Member attend also. He noted the request may be tabled to a future meeting. Community Development Director Grochala advised the hope is that the item is tabled with authorization for administrative action (TWAFAA). Council Member Carlson indicated she will attend the meeting with Planning and Zoning Board Appointment — Mayor Bergeso vacancy and two (2) applicants were interviewed. One of th for another vacancy. He stated he believes the City shoul the vacancy. Council Member Carlson asked if the applicants explain their absence during the interview. Cit call and leave a voice mail. pplicants applied for the as previously interviewed d and appoint someone for re no£`iinterviewed had called the City to trator Waite Smith advised one applicant did Council Member Reinert stated both .;� s rviewed were very good. He encouraged both of them to apply for other Board vac Council Member Reinert mo ppot Mike Hyden to the Planning and Zoning Board vacancy. Council Member Carlson discuss the appointment at with a written ballot. elieves the Council should follow the usual procedure and n- t work session. She agrees the City should move forward and vote Mayor Bergeson stated he is concerned about not appointing someone until after the next Planning and Zoning Board meeting. He stated the Council should appoint someone before the August 8 meeting. Council Member Carlson stated there are reasons the City has always followed the same procedure for appointments. She stated the Council should not be having televised discussions relating to the appointment. Council Member O'Donnell seconded the motion. Council Member Carlson advised she will abstain from the vote until a discussion is held. 21 COUNCIL MINUTES JULY 23, 2001 Council Member Reinert stated the real issue is if the City should wait another month to fill the Board vacancy. If the Council is comfortable with that he will withdraw the motion. Mayor Bergeson asked if the Council can discuss this issue and appoint someone at the August 1 special Council meeting. The City Attorney advised a Council Member should make a motion to table the appointment to the August 1, 2001, meeting. Approval of the appointment can be made at that time because it will be posted as a special Council meeting. Council Member Carlson stated she does not have her materials with her and she could not make a good decision this evening. Mayor Bergeson stated he will support tabling the appointment if a legal decision can be made at the August 1 meeting. Council Member Reinert withdrew the motion. Council Member O'D s.ell withdrew the second. Council Member Reinert moved to table the appointment of the dg to the August 1, 2001, Council meeting. Council Member C iso carried unanimously. Zoning Board vacancy d the motion. Motion COMMUNITY CALENDAR JULY 24, 2001 TH ' • AUOUST 13, 2001: Environmental Board Meeting, Wednesday, a 001, 6:30 p.m. Park Board Meeting, Monday, July 3 Special Council Meeting, Wedn 1, 2001, 5:30 p.m. j EDAC Meeting, Thursday, 2,101, 7:00 a.m. National Night Out, Tue st 7, 2001 Council Work Session, We esday, August 8, 2001, 5:30 p.m. Planning & Zoning Board Meeting, Wednesday, August 8, 2001, 6:30 p.m. Safety Camp, Thursday, August 9, 2001 City Council Meeting, Monday, August 13, 2001, 6:30 p.m. ADJOURN There being no further business, Council Member Carlson moved to adjourn at 10:00 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. 22 • COUNCIL MINUTES JULY 23, 2001 These minutes were considered and approved at the regular Council Meeting, August 13, 2001. Jean iiip1.v T D••ut Trans .ed by: Kim Points TimeSaver Off Site Secretarial, Inc. erge on, Mayor