Loading...
HomeMy WebLinkAbout08/13/2001 Council Minutes• • COUNCIL MINUTES AUGUST 13, 2001 CITY OF LINO LAKES MINUTES DATE : August 13, 2000 TIME STARTED : 6:30 P.M. TIME ENDED : 11:45 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch (part); City Attorney, Bill Hawkins; City Engineer, John Powell; City Planner, Jeff Smyser (part); Community Development Director, Mike Grochala; Economic Development Director, Brian Wessel (part); and Finance Director, Al Rolek SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDAA44111114\e, Council Member Dahl moved to approve the C E sent enda, as presented. Council Member O'Donnell seconded the motion. Motion c. ously. ITEM DISBURSEMENTS: August 13, 2001 heck 2477 — 62713, $435,926. ACTION Approved Centennial Fire Dis t Approved Consider Block Party Application for Caribou Circle Approved OPEN MIKE Mr. Mike Prieve, 7047 Aspen Lane, came forward and distributed information regarding a neighborhood meeting relating to the Saddle Club development. The information outlined the results of the meeting and the issues of the neighbors. Heritage Development informed the residents they are submitting a new plan today. He indicated he thought there was an ordinance that prohibited the resubmission of an application for one year. He stated he will send a written request to the City Administrator asking for a written legal finding relating to this issue. 1 COUNCIL MINUTES AUGUST 13, 2001 Ms. Sue Walseth, 6408 Cassiopeia Court, came forward and thanked the Public Works Department for installing a street light in her area. She stated she would also like to see one installed at County Road J and Holly Drive. She stated there is a blind intersection on South Trappers and Holly Drive due to excessive brush. She asked that it be removed. She referred to the minutes from 1994 regarding the Birch Park trail issue. She stated the Park Board did designate dollars for access to the park, as well as other developments in the area. She indicated she has discussed this issue with Mr. DeGardner over the past several years and she reviewed the obstacles the City has had in developing the trail. She requested information regarding what happened to the trail funds because the trail has not been developed. The designated dollars should be enough for the condemnation process and the trail construction costs. She stated there is a big safety issue and she would like some answers. Mayor Bergeson advised staff will investigate Ms. Walseth's issues and contact her. City Engineer Powell advised the City did do some brush clearing but staff can view the area in question again. Mr. DeGardner should address the park and trail issue No one else was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK Continuation of Public Hearing on Granting a Subsidy; Resolution No. 01-106 (Lino Lakes Vote Required), Al Rolek — Finance Director continued on July 23 to take public comme project on 35W/Lake Drive. Discussio public hearing be continued until Au Council Member Carlson aske of tax abatement since the la no further discussions on and Granting a Business tplac Request for Tax Abatement) (3/5 ised a public hearing was opened and est for tax abatement from the Marketplace eveloper continue and staff recommends this ave been any discussions with the developer on the amount rk session. Finance Director Rolek advised there have been Council Member Carlson s ed tie possibility of the landowner sharing in the tax abatement has been brought up in the past. Mayor Bergeson advised negotiating should not be done in public. Economic Development Director Wessel stated he did indicate the developer would provide a summary of the current proposal. Mr. Tom Palmquist, Ryan Companies, came forward and distributed information regarding a Clarification to Request for Financial Assistance — Lino Lakes Marketplace. Council Member Carlson referred to a June 10 Star Tribune article relating to the Target store that was built in Minneapolis and the financial request at that time. She indicated she is very concerned 2 COUNCIL MINUTES AUGUST 13, 2001 • about financial assistance in the amount of $1.4 million dollars over 14 years. She stated she is in favor of the project but is concerned about the costs. • • Council Member O'Donnell moved to continue the Public Hearing on Granting a Tax Abatement and Granting a Business Subsidy and Resolution No. 01-106 to the August 27, 2001, City Council meeting. Council Member Reinert seconded the motion. Council Member Dahl asked if public comment can be taken regarding this issue. Mayor Bergeson advised this is not a public hearing. The recommendation is to table this item until the next Council meeting. A public hearing will be held at that time. At this point, there is no specific proposal to comment on. Motion carried unanimously. Mayor Bergeson advised a public hearing will be held on August 2 ADMINISTRATION DEPARTMENT REPORT, DAN IC. a Consider Budgets for North Metro Telecommunica Center — Administration Director Tesch advised the Metro Telecommunications Commission and No The Commission's operating budget for 2 $193,698 over the 2001 budget. This in renewal process. The 2002 Media Center budget expenditures totaling $497,4 Operations Committee h.also Education and Governme is necessary for the media (5) years. The Telecommun ion ` o i Sion and North Metro Media eceived the 2002 budgets for North 'a Center. at $466,177. This is an increase of due to the costs associated with the formal franchise at $647,404. This budget is composed of operating al expenditure of $150,000. In addition to the budget, the ed an increase in the subscriber's monthly PEG (Public, fee from $2.30/month to $2.38/month. This increase in funding ter " o meet marketing, staffing, and equipment goals over the next five ations Commission is recommending the increase in PEG fees. Mayor Bergeson asked who is paying whom for the fee. Administration Director Tesch advised AT & T Broadband is paying the fee to the Commission with the rest going back to the cities. Council Member Carlson moved to approve the budgets for the Commission, Media Center and raise the PEG fee from $2.30 to $2.38, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Adopt Resolution No. 10 —118, Authorizing Cap on 2001 Franchise Fees Collected by Centennial Utilities from Customers Located in Lino Lakes, Linda Waite Smith — City Administrator Waite Smith advised approximately 700 homes and 100 businesses in Lino Lakes receive natural gas service from Centennial Utilities (formerly Circle Pines Utilities). The City of 3 COUNCIL MINUTES AUGUST 13, 2001 Lino Lakes has a franchise agreement with Centennial Utilities that includes a seven (7) percent franchise fee on sales to these customers. The fee is collected in one year and remitted to the City the following year. The 2001 Lino Lakes budget includes estimated revenue of $42,000 from this franchise. The winter of 2000-2001 was particularly long and natural gas prices experienced a drastic increase. As a result, the seven (7) percent fee on sales is projected to reach more than $89,000 in 2001. Because this potential windfall for the City is the result of circumstances beyond the control of customers, the City Council has considered capping the amount of fees collected in 2001 in order to avoid customers being penalized. Resolution No. 01-118 authorizes capping the amount of franchise fee collected in 2001 from Centennial Utilities customers located in Lino Lakes to a total of $56,000, which is the same amount collected in 2000 and remitted to the City in 2001. Council Member O'Donnell asked why the proposed cap is at $56 is $42,000. City Administrator Waite Smith advised it was sug same amount the City received last year. e amount in the budget e cap be placed on the Mayor Bergeson advised utility franchises will be disc .sse gal the future. Council Member Dahl moved to adopt Resolutio, . t 1— , as presented. Council Member — seconded the motion. Motion carried unanimo Resolution No. 01-118 can be found i PUBLIC SAFETY DEPART There was no Public Safety PUBLIC SERVICES D ent M port. r 's office. DAVE PECCHIA NT REPORT, RICK DEGARDNER There was no Public Service epartment report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT 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 the applicant, Ryan Companies US, Inc., is requesting a Planned Development Overlay (PDO) District Rezoning, Preliminary Development Plan approval and Preliminary Plat approval. The Planning and Zoning Board recommended approval of the PDO and Preliminary Plat/Development Plan at its July 11, 2001 meeting with 18 conditions. 4 • • • COUNCIL MINUTES AUGUST 13, 2001 Following the Planning and Zoning Board review and in response to previous Council action (Resolution No. 01— 102), staff participated in discussions with Anoka County and the applicant with regards to the location of the second access. These discussions resulted in the modification of the Development Plan, which is now being presented for approval. Community Development Director Grochala presented the staff analysis of the Development Plan and Preliminary Plat noting the findings relating to the PDO Rezoning and conditions of approval. Council Member Carlson inquired about the current situation with the Rice Creek Watershed District. Community Development Director Grochala advised a lot of issues revolved around the site design. The major issues have been taken care of. Wetlands were another issue so Ryan Companies has modified the plan to decrease the impact. Revised plans have been submitted and the City is waiting for comments from the Rice Creek Watershed District. Council Member Carlson inquired about the negotiations the City is controlled by JADT. Economic Development Director Wessel adv. with JADT and McDonald's. The negotiations are going well. through the eminent domain process. urchase the two (2) acres continues to negotiate City may have to go Council Member Carlson referred to the public road o pag 2 o staff report and stated she does not see the road on the site plan. Community Devel. ,:'rector Grochala referred to the map indicating the location of the roadway and advis will be designed as part of the City's Public Improvement Project. Council Member Carlson inquired abou the Planning and Zoning Board reco the staff recommendation relating recommendation. He reviewed f recommendation regarding the signs in relation to ommunity Development Director Grochala stated sistent with the Planning and Zoning Board s of the signs noting that is included in the PDO. Council Member Carlso eferre. - xhibit G regarding elevation. Community Development Director Grochala review + :`ls of the elevations noting the City Council has reviewed both plans. Council Member Carlson stated a public hearing was held at the Planning and Zoning Board meeting. However, public comment should be taken because the plan has changed. Council Member O'Donnell inquired about the options for traffic going south relating to the right- in right- out access at 77th Street. Community Development Director Grochala advised properties on the east side of Lake Drive going southbound will have to go north first. Properties on the west side of Lake Drive can go southbound. Northbound traffic will have to go to 79` Street. Council Member Reinert inquired about any other options for 77th Street. Community Development Director Grochala advised the County will only allow the second access as proposed. The developer has indicated a second access is necessary. Access from 77th Street to the site will cause additional problems. There are not many options for this roadway. 5 COUNCIL MINUTES AUGUST 13, 2001 Council Member Reinert stated there has been opposition to the median. He stated additional time should be dedicated to find another option for 77th Street. Council Member Dahl indicated she agrees with Council Member Reinert. She stated she received a lot of calls about this issue and extra time is needed. She asked if the plat will include a convenience store, gas station, fast food, etc. if the PDO is approved. She asked if those plans are locked in concrete. She stated she believes residents have indicated they want a full service restaurant. Community Development Director Grochala advised the PDO is intended to allow flexibility within the plan. There are other restrictions within a PDO. When the plan is adopted, the City is requiring the developer to develop according to the plan. The developer can change the plan for different types of uses but will have to go through the City process. Mayor Bergeson noted there is another parcel to the south that has roo ��N •r more than one business. Other businesses will be developed on that site. Council Member Reinert referred to other options on 77th St t as if the PDO will prohibit the City from exercising those options. Community Deve p Di for Grochala stated he believes the City is getting to the point that it does pro 'bit er ons. There has to be a second access and either the access or 77th Street will be a nt-out only. There are things that can be done in the future to modify the site. City Engineer Powell advised the concern i together. He reviewed other options for lights being too close together. Mayor Bergeson stated it had b Powell stated that whether th access. He indicated he i meetin idea of phasing in the ad 2) intersections on 77th Street too close noting the Council is concerned about signal ted that the improvements would be phased. City Engineer nts are phased or not, the issue is full access or partial the County Engineer again before the next meeting and the (2) lanes can be discussed. Council Member Reinert as d why the access could not be at 77th Street. Mr. Tom Palmquist, Ryan Companies, stated it is important to the developer to have the primary access at Apollo and the second access further north. The access point at 77th Street was eliminated due to concerns of the residents. It is critical to have full movement to Target and Kohl's at both accesses. The County is requesting the improvements to Lake Drive, not the user. Ryan Companies is being forced to respond to the County's requirements. City Engineer Powell noted staff has not done a full analysis of what will be required on Lake Drive. Council Member O'Donnell inquired about any assessments to the existing properties on Lake Drive. City Engineer Powell advised there will be an evaluation after the feasibility study is completed. He 6 COUNCIL MINUTES AUGUST 13, 2001 • indicated he believes the assessments will be very limited and staff will be conferring with the City Attorney regarding that issue. • Ms. Rochelle Miller, 7725 Marilyn Drive, stated Target and Kohl's feel they need to be subsidized because the area is "immature". Maybe they should wait until the area is mature. The City can not afford to approve this plan because there are other projects that will need money. This exit is the last exit and is a prime spot for development. Target should pay the City to locate here. The County is not at fault for requiring things that may cause the project to be denied. The County agreed to the second access because of pressure. There is way too much traffic in the area. She stated she will have to drive 1.4 miles out of her way to get home. Somewhere down the line taxes will increase because of this project. The intersection would be paid for by the County if it occurs as scheduled. She stated she sees the project as an inconvenience and does not want to pay for it. A resident at 873 Oak Lane, stated the project will cut off the northern side from the whole Village area. The median is an issue regarding safety and pedestrians. Changi lot of problems. There are prairie grasses on the site that should re e watershed will cause a Mr. Don Dunn, 6885 Black Duck Drive, stated the City can of rd" o do this project. A poll showed people want a place to shop and eat. The City m ne get s chance again. The land has been zoned for a shopping center for a very long time. a ted mpathizes with residents but this is a great opportunity. He asked the Council to repre tal view of citizens. The project will benefit the City for years. He stated he can not b he tr is can't be mitigated. The City would be making a very big mistake if the project is n. appro' d with the understanding that work needs to be done on the 77th Street issue. The Coun •t r sect this plat tonight because it represents what the City wants and doesn't have. _d the ouncil to move forward before this opportunity is gone. Mr. Tom Smith, 874 Oak Lane . •.e one has their point of view. He asked how the City will benefit when the project is g.� % ye s of taxes. This is welfare for the rich. The project is not offering high paying jobs Taxes payment for services received from the City and this is not 3a. going to help. He suggest ndum to see if the project should move forward noting he would accept it if that is what the .E opl want. Traffic is an issue also and it is already bad in that area. He asked if anything is proposeor Lake Drive off of 35W. Ms. Ina Lilljedahl, 726 Vicky Lane, stated she sees this as an interesting project but it is in the best interest of Target to do this. The exit is the last exit to Forest Lake and they have a Target. The City is in the driver's seat and needs to do the project in the City's best interest. Target will not lose if the City makes it benefit the City. She inquired about how much traffic will go through the project and stated those numbers need to be looked at. She also asked who will maintain the roads within the project and how much that will cost. She stated she has very strong concerns about abatement and the money should be saved for a company that needs it. An in-depth study should be done on how this will affect residents, businesses and the school district. She stated she does not believe the City can afford this noting the City does not help residents with the costs of sewer and water. The north side of the City will be cut-off. She suggested the City have another project like this without such a high cost to the City. 7 COUNCIL MINUTES AUGUST 13, 2001 City Engineer Powell advised a traffic study was prepared for this corridor that included the Village, JADT and McDonald's. He reviewed the results of the study noting where the signal lights will be installed. Another study needs to be done for the northbound ramp to Lake Drive but the County has asked that the City hold off on that. Mr. Palmquist reviewed the conditions of approval for the preliminary plat noting he would prefer the flexibility to allocate three (3) of the signs to the four (4) outlots. He also asked that Outlot B be dedicated to the City. He referred to the ordinance and asked that Item D, Special Provisions, be changed to read"No trailer deliveries between 10:00 p.m. and 7:00 a.m. He stated the reason for the change is the times on the ordinance may cause some concern for the users. Mr. Palmquist continued stating it is probable the development agreement will be worked through but taxes will be affected. The City and residents can not ignore the goods and services and jobs being brought to the community. The City's tax base will increase when the ,.,. tement is done. He referred to the letter he distributed earlier regarding the financial request no g th t 4 ad construction costs may be reduced. Council Member Dahl inquired about the time of truck de indicated no refrigeration units will be running but the; wi refrigeration trucks is a concern for residents. nloading trucks. It has been cery store. The noise from Mr. Palmquist stated Target has agreed to the c. dation •f approval relating to refrigerated units and the times. Hours for trailer delivery are agr o*uts .� e of those hours. There will not be refrigeration units on overnight. Council Member Carlson express arding the noise generated from unloading trucks at night. Mr. Palmquist indicated lean n e pond to that but will have a consultant address that at the next meeting. Council Member Dahl inqud about a trail on Lake Drive. City Engineer Powell advised that immediately adjacent to the project the City is requiring an escrow for a trail. The concern is maintaining a trail that goes from nowhere to nowhere. The Public Services Director will have to address the whole corridor. The plan does call for a transportation trail. Mayor Bergeson asked if the changes the developer has requested relating to the conditions of approval should be addressed between now and the final plat. Community Development Director Grochala advised he does not see any problem with allowing the developer the flexibility with the monument sign. Staff will review the suggestion of dedicating Outlot B to the City. No Council action is needed relating to that suggestion at this time. There are still concerns with unloading trucks during the specific hours. That requirement is in the current ordinance and can be addressed at the next meeting. 8 • • • • COUNCIL MINUTES AUGUST 13, 2001 Council Member Carlson moved to table FIRST READING, Ordinance No. 16 — 01 and Resolution No. 01-107, Preliminary Plat, to the August 27, 2001, City Council meeting. Council Member Dahl seconded the motion. Council Member Carlson stated the reason for tabling is the ordinance locks the City into something without knowing the financial aspect of it. There will be a budget meeting in the meantime. The approval and comments from the Rice Creek Watershed District are still needed and the City needs to purchase the two (2) acre JADT lot. She stated she would also like to look at the road plan again. Mayor Bergeson stated he feels very strongly against tabling this issue. A decision needs to be made and there is time to resolve issues between the first and second reading. If this item is tabled, the schedule and project are put in jeopardy. This should be approved with a clear direction to staff about what issues need to be addressed. Council Member Reinert indicated he agrees with Mayor Bergeson. T R are two (2) actions on the table. A rezone is in no way approval of a project. The prelimm .lat c: be changed. The Council can vote against the final numbers relating to the tax ab a 3 t. clarified that the abatement involves $968,000 plus interest over an eight (8) ng he feels that is too much. He stated he would like to continue negotiations. e ons , s evening are not cementing the deal. He stated he would like to get to the point toee at trial deal is. Council Member Carlson stated the period is 14 9 less her sources of income are used. She stated she is concerned about approving the pre 'n.®lat. The Comprehensive Plan shows the area as mixed use and housing. There is no u ' on a 's plan. She stated she would prefer to negotiate hard and not give plat approv • i tha appens. Council Member O'Donnell state • , es lE: t the City should move forward. The City has to get to solid numbers on the abate s . 't do that until the plat is approved. Council Member Dahl in+'cated ees with Council Members Reinert and O'Donnell. Approving the items toni t mean it will go through. She requested that all issues be cleared up before the next meetingp ons are needed for the residents on 77th Street. Motion failed with Council Member Dahl, O'Donnell, Reinert and Mayor Bergeson voting no. Council Member O'Donnell moved to approve FIRST READING, Ordinance No. 16 — 01, as presented. Council Member Reinert seconded the motion. Mayor Bergeson stated the abatement is only on the City portion of the taxes, not the County or school district. The school district in Forest Lake will benefit right away and Anoka County will benefit from the taxes also. Council Member Carlson noted the County and school district taxes will not be abated because they chose not to participate. COUNCIL MINUTES AUGUST 13, 2001 Council Member Carlson voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Council Member Dahl voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Council Member Dahl moved to approve Resolution No. 01— 07, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01-107 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 8:48 p.m. Consider Resolution No. 01-111, Entering a License Agreement Digital Parcel Base Map Database, Mike Grochala — Communi advised staff is in the process of preparing the Comprehensive P Council. As part of this process, staff has recognized that th throughout the plan, is approximately three (3) years old development patterns, street, etc. The Anoka County Department of Geographic parcel base map and an attached property tax d information to local units of government, u a $250 annual fee. This is the least exp If obtained, this information woul Comprehensive Plan maps as at its disposal current propert for each parcel within th City. Anoka County for Use of ment Director Grochala 'ttal to the Metropolitan ap information, used ccurately reflect current on Selvices currently maintains a digital . Anoka County does provide this y, for a one-time $250.00 setup charge and most e ficient method of obtaining this type of data. d to the City's consultants for use in updating the , park, and utility maps. Additionally, the City will have , updated in January, April, July and October of each year, Council Member Dahl mo to adopt Resolution No. 01-111, as presented. Council Member Carlson seconded the motio Motion carried unanimously. Resolution No. 01-111 can be found in the City Clerk's office. West Shadow Ponds, Resolution No. 01-112, Minor Subdivision; FIRST READING, Ordinance No. 13 — 01, Rezoning to R -1X; FIRST READING, Ordinance No. 12 — 01, Allocating 11 Acres of MUSA Reserve; Resolution No. 01-113, Preliminary Plat, Jeff Smyser — City Planner Smyser advised the Planning and Zoning Board approved the MUSA allocation, rezoning, and preliminary plat in November 1998. This project has been under consideration by the Council ever since. There have been numerous discussions at work sessions. There are four (4) actions under consideration now: minor subdivision, rezoning, MUSA allocation, and preliminary plat. 10 • • • COUNCIL MINUTES AUGUST 13, 2001 City Planner Smyser presented the staff analysis of the application noting the recommended conditions of approval for the minor subdivision and preliminary plat. He advised that all four (4) actions must be approved or none of them should be approved. Council Member O'Donnell inquired about any discussions relating to phasing this development. City Planner Smyser stated there have not been any discussions about phasing the development because the plan calls for only 22 lots. Council Member Reinert stated this is part of the long-term transportation plan for the City. The Council could do nothing tonight but that won't solve anything. There will be traffic relief when 62nd Street is redone. Eventually, West Shadow Lake Drive will be extended to County Road J and offer additional relief. The whole issue is transportation. Barricading the roadway will limit transportation to 62nd Street. West Shadow Lake Drive could be punched through and a trail could be constructed along 62nd Street. The reconstruction of 62nd Street could be done sooner. The City needs to decide what to do with this development. Approval would mean at least incr *': tally working on the City's transportation plan. Council Member O'Donnell stated he also has concerns abo decision. Temporary solutions tend to become long-term, completed. There are huge safety issues and this proje t c should be put through without a barricade. n. This is a very difficult ansportation plan needs to be h that. He indicated the road Mayor Bergeson asked which action the barricato. City Planner Smyser advised the barricade is a condition of approval for the at. Mr. Carlson, Developer, stated his co a present this evening as well as Mr. Ted Madke. He thanked staff and neighbors for yxi� r h and input. He stated the Junes' and Mr. Rehein approached him to develop the he noted the MUSA qualification requirements. There are 26 acres of MUSA still avail tlu P°roject does qualify for that. All of the City Boards have approved the plan. The o under the Comprehensive Plan Phase I development and transportation plan. He re °° =rpt from the transportation plan regarding the roadway. He stated he agreed to minimize the sit' to accommodate the neighbors as well as trails, elevations and covenants. He stated he beles the Council has the opportunity to make two (2) wrongs into a right. Safety is a huge issue. He noted he does not have any interest in developing the Miller Farm. Mr. Ted Mattke, Engineer for the project and resident on Hawthorne Road, stated he does support the project. There are drainage issues and the culvert controls drainage. He noted the water storage will be increased and a pipe system will control the water on the east side. Once the project is graded there will be no ponding issues. The soils are fairly tight so there will be no additional run-off. Ms. Sue Walseth, 6408 Cassiopeia Court, stated she has no opposition to the development itself. One-half of Trappers Crossing is almost done and the reconstruction of Holly Drive was a condition of approval. This development will bump Holly Road from being fixed. She referred to minutes from a 1994 meeting regarding NAC recommendations for Holly Drive and 12th Avenue. A lot of discussion has been held about Holly Drive and 12th Avenue. Safety is a big issue on Holly Drive. 11 COUNCIL MINUTES AUGUST 13, 2001 She stated her road is in bad shape because it has been used as a shortcut for a long time. Her roadway did have a barricade up for a while also. She stated she pays taxes and wants better traffic circulation in her area. Other properties want to be developed and need MUSA also. The City needs to fix existing roads and developments before new ones are put in. State Aid funds should be used for Holly Drive. Ms. Gail Morrison, 707 62nd Street, stated she knew a road would go in eventually but it was planned next to the Junes' property where it makes sense. She indicated that the proposed road goes through a house and right next to her property. She stated it does not make any sense and it is not right to have to pay assessments for the road improvements. Mr. Johnathon Sponsors, Cassiopeia Court, stated he has lived in the Holly Drive area and he has limited access to park area. There are many safety issues and he requested Holly Drive be widened. Ms. Lynn Fernstrom, 6340 Red Maple Lane, stated the big frustration 62nd Street. Safety is an issue and 62nd Street is a weak road. The traffic. She asked the Council to rethink 62nd Street, along with traffic should be moved to County Road J. Ms. Rosemary Williams, 498 62nd Street, stated Holly reconstructed. The best solution is to reconstruct Ho Drive to County Road J. That would solve all th Ms. Jeannie Long, Hawthorne Road, stated Lake Drive was built for traffic and safe .` issue. through several arteries. Mr. Marvin Emly, 590 end Str go through on both ends so p like to see it without pon and Street from another devel Street. Sewer should go o missed the opportunity to pu tending the roadway to s to just keep hiding the eed issues. All of the priority and should be and then extend West Shadow Lake pro . '- ms. ty issues on Hawthorne also. West Shadow Everyone wins when the traffic is diverted to mosquito diseases and pond problems. The road should ave choice. If the property is developed, he indicated he would veloper pay for 62nd Street. Construction traffic tore up 62nd e stated he does not want to see construction traffic on 62nd Shadow. He added there are a lot of kids in the area. The City 2nd Street through before. Mr. Don Dunn, 6885 Black Duck Drive, stated he was on the Planning and Zoning Board when this project was originally reviewed. West Shadow Lake Drive is a County road and meant to move traffic. He stated he was against the idea of a cul-de-sac then and he still is now. The City needs to look at the traffic problems now. The City should find out how to reconstruct 62nd Street and Holly Drive. West Shadow Lake Drive should also go through to County Road J. The City has to do this to make progress. Ms. Kari Gondess, 469 Hawthorne, stated there is already heavy, fast traffic on Hawthorne. There are two (2) walking paths that cross over and that is a safety issue. The road needs to go straight through as it was intended to. 12 • COUNCIL MINUTES AUGUST 13, 2001 Ms. Susie Guthmueller, 642 Fox Road, stated her problem is the residents in the area will still have a problem. Putting the roadway through will not eliminate the problem of going north. Putting in new homes will add to the problem. The City needs to figure out what to do on Birch Street before homes are added. She added she is also concerned with construction traffic. Ms. Ann Carlson, 6309 Fox Road, inquired about the comments from the Corps of Engineers. City Engineer Powell advised a permit from the Corps of Engineers has not yet been issued. They are waiting for additional information. Trappers Crossing was assessed for the reconstruction of 12th Street and a portion of Holly Drive. Those roads were reconstructed. The City Council determines where State Aid funds are spent. It has been determined that Elm Street is next and will be done in 2002. West Shadow Lake Drive is a city street. Some roads in the area are not constructed for heavy traffic. West Shadow Lake Drive is. The extension of West Shadow Lake Drive to 62nd Street is a step in eliminating cut -through traffic. West Shadow Lake Drive will likely stop at 62nd Street in the There will be less traffic on sted the City obtain the foreseeable future. The long-range plan does extend it to County Roa local streets if West Shadow Lake Drive is extended to 62nd Street City Attorney's opinion about going north out of the subdivisio Council Member Carlson stated the Holly Drive residents to be reconstructed from Birch Street to County Road J City is playing a shell game by putting in developme • Council Member Dahl moved to adopt Resoluti Carlson seconded the motion. • Council Member Carlson referred to minor subdivision. Motion carried unanimously. Y because the road is supposed the speaker who said that the the roads needed to support them. —112, as presented. Council Member d by the City Attorney regarding the legality of the Council Member O'Donn . to approve HRST READING of Ordinance No. 13 — 01, as presented. Council Memb ° F ' ei ert seconded the motion. Council Member Carlson stated she will vote no on this item because the Comprehensive Plan calls for 147 homes per year. The City already has 151 new homes this year. There are also drainage and lack of enforcement issues. The drainage is a special concern because of other areas within the City where drainage is a problem. The cost of sewer and water is also an issue. She reviewed the possible costs of sewer and water similar to another section of the City noting she does not feel people can afford to hook-up. She stated she thought the cul-de-sac was a compromise but there was a lot of opposition to that. Traffic will be as bad or worse on Hawthorne. The commercial plan can be accommodated on the north and is sufficient as is. Safety is an issue on 62nd Street. She referred to past meeting minutes relating to staff comments about the safety of 62nd Street. She stated the City can not take money from Elm Street reconstruction to reconstruct 62nd Street. She referred to the comments made by the Planning and Zoning Board relating to 62n1 Street and a barricade. Upgrading is an issue and $2,000 per lot for the trail is not enough. She referred to past meeting minutes 13 COUNCIL MINUTES AUGUST 13, 2001 regarding other issues on 62nd Street, noting she thought the answer was the cul-de-sac. Now there is no cul-de-sac and the roads are not any safer. She stated she will vote no on the rezone and deny the project until 62nd Street is reconstructed. Council Member Reinert stated Council Member Carlson indicated she would approve the project when 62nd Street is reconstructed. However, 62nd Street will not be reconstructed until West Shadow Lake Drive is connected. A connecting roadway is needed now. City Engineer Powell advised the City can designate State Aid routes whether it is constructed or not. However, a roadway can not dead end and if the State Aid route is terminated, West Shadow Lake Drive will no longer be a state aid roadway. Mayor Bergeson stated he is in favor of the rezone noting he believes this is a good project and will be an asset to the community. There are 19 homes on 22 acres so it is not very dense. West Shadow Lake Drive was designed as a collector street and always intended to does not know when and at whose expense. The plan is consistent Reconstruction is necessary on 62nd Street and this developmen stated he will support the rezone and other proposed actions. ough. If not now, the City nfill policy. at happen sooner. He Council Member O'Donnell stated he agrees with Mayr B . ges a indicated he sees this as the first part of the puzzle that has to happen to fix the p raf is has to be addressed within the entire City and the City needs to start here. He a# e wi' support the full application. City Engineer Powell reviewed the infill po e traffic generated is not from West Shadow Lake Ponds. City Planner Smyser advised that i e o e actions fail, all of the actions will fail. Any one action can not occur without th r here are legal issues if one action fails without all of them failing. Council Member Dahl th ; one for their comments noting there are pros and cons to both sides. She stated this has n w, . e an easy decision for any of the Council Members. She stated it may have been poor planninn the past by not building the proper roads for developments. The City needs to learn from its mistakes and not repeat them. The residents on Hawthorne are very concerned and passionate as are the residents on 62nd Street. Maybe there should be a trail put on Hawthorne to address the safety issue. The Council needs to weigh everyone's point of view and come to a good decision. She stated she has had a lot of calls to get West Shadow Lake Drive to County Road J. The responsible thing to do is wait and address all traffic issues in the area. She stated she can not approve the plan until that is done. She stated there is nothing wrong with the development but she can not support it at this time. Council Member Carlson read information regarding the five (5) acre commercial site. She stated it sounds like the application for West Shadow Ponds will be denied and asked if there is a compromise such as putting the roadway through to County Road J. 14 • • • COUNCIL MINUTES AUGUST 13, 2001 City Engineer Powell stated the City can construct the roadway to County Road J using State Aid funds if that is the Council's priority. That project would be much more expensive. He indicated he believes that 62nd Street is a much wiser investment. Council Member Dahl asked if the extension of the roadway to County Road J is in the Comprehensive Plan. City Engineer Powell indicated that is part of the plan but well into the future. Development is needed in that area to help pay for the roads. That area is not in the growth area for the next 10 — 20 years. Council Member Dahl asked if the extension would alleviate traffic on the local roads in the area. City Engineer Powell stated the reconstruction of 62nd Street and connection of West Shadow Lake Drive would alleviate traffic on the local roads. The City has traffic studies that indicate the traffic will be alleviated. Council Member Reinert stated he agrees West Shadow Lake Drive n Road J and the way to do that is with this project. He stated he is million dollars to put a road in when there is hesitation to spend only solution is to incrementally connect the roadway and thi to be connected to County y the idea of taking $2 t on Target/Kohl's. The first step. Council Member Carlson stated the extension of the rodw to ' Street or County Road J would use State Aid funds. The Target/Kohl's project is t Council Member Reinert stated a dollar is a dol and` Council should not be frivolous on how it is spent. Mr. Mattke came forward and stated indicated he could develop a trail pedestrian problem and safety i re is room for a compromise. The developer has way until it is widened. A trail would solve the City Engineer Powell sta d the i � f a trail was suggested and a trail is an acceptable solution. Council Member Carlson s CTed :2nd Street is an unsafe street and the City does not have the money to fix it. She stated she wou, prefer that the roadway be extended to County Road J but that is not an option. Moving a traffic problem from one place to another is not the solution. The eventual connection to County Road J would be the solution. City Engineer Powell stated the Council can reconstruct 62nd Street next year by borrowing ahead on State Aid funds. Another option is to bond for the reconstruction of Elm, Holly and 62nd Street. Mayor Bergeson asked how many years of State Aid allocation 62nd Street will take. City Engineer Powell advised 62nd Street will take 2 — 21/s years of funding. The City currently has the funds to reconstruct Elm Street. Mayor Bergeson asked if construction could begin in one year if the City borrows ahead. City Engineer Powell stated the City would earmark the funds and the project could begin next year. 15 COUNCIL MINUTES AUGUST 13, 2001 Council Member Carlson clarified that the City has the option to reconstruct Elm Street and then borrow ahead for 62nd Street and Holly Drive. City Engineer Powell stated the Council can make the decision to borrow ahead or bond for the projects. Mayor Bergeson inquired about the scope of Holly Drive. City Engineer Powell stated Holly Drive would probably take 4-5 years of allocation. Council Member Carlson stated she is concerned about road construction before a project goes in. The roads should be built before the development goes in. Council Member Dahl stated she agrees that roads should be put in before the development goes in. She indicated she is still in favor of the extension to County Road J. Mayor Bergeson advised there is a motion on the table to approve the.ne as outlined by staff. A vote needs to be taken or a Council Member should propose an Council Member Reinert asked for clarification on the three Smyser advised the road itself should be part of the plat a conditioned on anything. There are legal issues if a re plat is not approved. All actions need to go together. with the condition that plat approval be given. actions. City Planner zone should not be A allocation is approved and the or subdivision resolution was approved Council Member Reinert inquired about th- • om the Corps of Engineers and indicated he assumes they are part of the plat approv Planner Smyser advised staff has never included the Corps of Engineers approval as part •�•for a project. The City does rely on the Rice Creek Watershed District permits Council Member Carlson sta ifs ` ` can not tie the completion of the roadway in to the rezone, along with other concern she h • • eny the rezone. Council Member Dahl stat sh-''is not in favor of the rezone or MUSA allocation unless the road issues are resolved. She stat• she would like a consensus from the Council regarding the road issue and then she could support the rezone. Council Member Reinert asked what the solution to the road problem is. Mayor Bergeson stated the City Engineer laid out what would be required to reconstruct 62nd Street and Holly Drive. The Council needs to consider their willingness to tie up State Aid funds to resolve the road issues. Council Member Dahl stated she wants to allocate State Aid funds to reconstruct 62nd Street due to safety issues. 16 • • COUNCIL MINUTES AUGUST 13, 2001 Council Member O'Donnell asked if it is possible to make the conditions of approval include approval of the rezone and MUSA. City Planner Smyser reviewed the conditions of approval noting there is already a condition relating to the rezone and MUSA allocation. A condition of approval relating to the road issue could be added. Council Member Dahl asked if that condition would stick. City Planner Smyser stated it is very common to condition plat approval on rezoning and MUSA. Council Member Dahl asked if the conditions can include the reconstruction of 62nd Street. City Planner Smyser stated that is up to the Council. Community Development Director Grochala stated the issue is timing and the timing is dictated by the Council. The Council can condition approval of the development on having 62nd Street reconstructed first. City Administrator Waite Smith stated what Council Member D.,s loo g for is whether the Council will agree to that condition. Council Member Carlson stated Elm Street has to be reco Mayor Bergeson stated there is funding in place for El . The question is what street is next and is the City willing to borrow ahead to compl oject. City Engineer Powell stated staff could ini s • both Holly Drive and 62nd Street to obtain information about costs. A trail could b •+ cte• on 6211d Street in the interim. The City Attorney advised the Co considered. to table the motion until the other actions are Council Member O'Don 11 mov t withdraw his motion. Council Member Reinert withdrew the second. City Planner Smyser added t following conditions per Council direction: 1. A trail shall be constructed on 62nd Street. 2. 62nd Street shall be constructed as soon as feasible. 3. Feasibility studies shall be initiated for 62nd Street and Holly Drive as soon as possible. Council Member Dahl asked if the old feasibility study would work. City Engineer Powell stated staff will use as much information from the old study as possible. Council Member Dahl asked if the added conditions protect the reconstruction of Elm Street. City Engineer Powell stated he believes Elm Street will be reconstructed next year. COUNCIL MINUTES AUGUST 13, 2001 Council Member Carlson suggested a condition of approval be added to indicate Elm Street will be reconstructed before 62nd Street. Council Member Reinert stated that is a Council action that has yet to take place. The only people that can stop the reconstruction of Elm Street is the Council. Council Member Carlson stated her concern is that she has seen funds moved around before. City Planner Smyser advised future Councils can change any action that is taken this evening. Council Member Carlson stated she would like the following added to the conditions: 1. Elm Street will be reconstructed prior to Holly Drive and/or 62nd Street. Council Member O'Donnell moved to adopt Resolution No. 01— 113 ended. Council Member Dahl seconded the motion. Council Member Dahl stated she would like the trail to be co place due to safety issues. City Planner Smyser stated the the development. re development takes onstructed concurrently with Council Member Carlson stated she would like t +e>yp con i on of approval that the development can not be constructed until the reconstruction •_, 62nd'.eet is completed. Mayor Bergeson stated he is not in favo mg at condition of approval. Council Member Carlson stated th at s" .elieved the Council was discussing. Council Member O'Donnell ° `' e w Id prefer the motion be amended. Council Member Carlson through after 62nd Street is issues. Council Member D amendment to the motion to include that the development go eted since the City is removing the barricade and there are safety seconded the amendment. Council Member O'Donnell stated he is concerned about putting construction traffic on a newly constructed road. Council Member Reinert stated a better option would be to say the development can occur after the funds have been allocated to reconstruct 62nd Street. He indicated he agrees that the road should not be torn up after the reconstruction. Council Member Dahl inquired about the length of time for the feasibility report and how long the project would take. City Engineer Powell stated a report could be given to the Council in December 2001. By next spring a schedule would be developed. Ideally, the construction traffic should be on the old roadway. 18 • • COUNCIL MINUTES AUGUST 13, 2001 Council Member Dahl stated that is why she wanted the trail developed first. Safety is an issue. Council Member Dahl suggested the trail completion be tied into the first purchase agreement. City Planner Smyser advised the developer has indicated he will develop the trail first. Council Member O'Donnell stated he is willing to amend the original motion to include the construction of the trail before any construction begins or grading permits are issued. Council Member Reinert agreed to the amendment. Council Member Carlson proposed that before a certificate of occupancy is issued, the grading should meet the original grading plan. Council Member Carlson stated she did propose an amendment to to include that 62nd Street be reconstructed prior to the construction of the develop Motion failed on the amendment to the motion with Cou1, ber ahl, O'Donnell, Reinert and Mayor Bergeson voting no. Council Member Carlson stated she would like t approval that the grading match the grading p1 Engineer Powell advised that is the current Council Member O'Donnell agreed t•;� "� "went. Mayor Bergeson stated the Co the requirement relating to th used to meet the grading otion to include in the conditions of certificate of occupancy is issued. City ven thought it is not part of the ordinance. gesting changes that apply to the developer. He asked who eing put on. City Engineer Powell explained the process Council Member Reinert a_a"+ a: eed to the amendment. Motion carried unanimously. Resolution No. 01-113 was approved based on the following conditions: 1. Additional land shall be dedicated to the City of Lino Lakes for road right-of-way to provide 40 feet from the centerline. This shall include Parcels D and H from the minor subdivision approved in Resolution 01-112. 2. A trail shall be constructed on 62nd Street before grading begins on the project. a. 62nd Street shall be reconstructed as soon as feasible. b. Feasibility studies shall be initiated immediately for 62nd Street and Holly Drive. 19 COUNCIL MINUTES AUGUST 13, 2001 c. Elm Street shall be constructed prior to Holly Drive and 62nd Street. 3. Final grading, drainage, and utility plans shall be reviewed by the City Engineer. 4. Required permits must be obtained from the Rice Creek Watershed District. 5. Ordinances 12 - 01 and 13 — 01 must be in effect before the final plat can be recorded. 6. Parcels C and F from the minor subdivision approved by Resolution 01— 112 shall be incorporated into the West Shadow Ponds plat. 7. Grading must match the grading plan before a certificate of occupancy is issued. Council Member Reinert moved to approve FIRST READING, Ordinance No. 13 — 01, as presented. Council Member Dahl seconded the motion. Motion carried unanimo Council Member O'Donnell voted yea. Council Member Reine Council Member Dahl voted yea. Mayor Bergeson voted yea. Council Member C Council Member Dahl moved to approve FIRST RE IN ce No. 12 — 01, as presented. Council Member Reinert seconded the motion. Mayor Bergeson inquired about the number of approved. City Planner Smyser indicated t if this application is approved. n the MUSA bank if the application is II proximately 15 acres left in the MUSA bank Council Member Reinert voted ye.. , • a. cil ember Dahl voted yea. Mayor Bergeson voted yea. Council Member Carlson vote ncil Member O'Donnell voted yea. Motion carried unanimo Resolution No. 01-112 an a olution No. 01-113 can be found in the City Clerk's office. Mayor Bergeson called for a short recess at 11:22 p.m. Mayor Bergeson reconvened the meeting at 11:30 p.m. Consider Resolution No. 01-114, Order Preparation of Expanded Feasibility Report, Lino Lakes Marketplace Improvements (3/5 Vote Required), John Powell — City Engineer Powell advised the City received a petition from Ryan Companies US, also signed by Glenn Rehbein, requesting public improvements to serve the proposed Lino Lakes Marketplace site. The petition requested the following improvements: 1. Traffic signal at Lake Drive/Apollo Drive. 20 • COUNCIL MINUTES AUGUST 13, 2001 2. Construction of roadway, storm sewer, sanitary sewer, and water from the Lake Drive/Apollo Drive intersection to 745 feet east. In response to this petition, the report was ordered at the May 14, 2001 City Council meeting. Since that time, the Lino Lakes Marketplace site plan has changed and the City and developer have received additional information from Anoka County regarding site access issues. Specifically, the County has indicated they would issue a permit for the proposed second access to Lake Drive at the extreme northwest corner of the Marketplace site if certain improvements are made to Lake Drive. These improvements would include a traffic signal at the second access; turn lanes; bypass lanes; roadway widening; and median construction. These improvements are significantly beyond the scope of the original City Council action on the report so additional action regarding the Feasibility Report is requested. Council Member Dahl moved to adopt Resolution No. 01— 114, as pr ted. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 01 —114 can be found in the City Clerk's off Twilight Acres Sanitary Sewer Extension, Resoluti and Specifications (3/5 Vote Required); Resolutio Specifications and Order Advertisement for B. Engineer Powell advised this project involves t of Twilight Acres 1st and 2nd Additions. It £ s initiated by the residents via petition in N5, Order Preparation of Plans -1 6, Approve Plans and Required), John Powell — City ion of sanitary sewer in the boulevard areas k version of an earlier project, originally A public hearing to discuss the pron May 14, 2001. Per the City Charter, 60 days must elapse between the hearing and r action on the project. This requirement has now been met. Since the hearing, no petitio '• ee `eceived related to this project. On July 25, 2001, another to a copy of the letter. To t sanitary sewer, should the p oll was sent to the 32 residents. City Engineer Powell referred qu - stion "If the City of Lino Lakes proceeds with construction of ect be limited to the Twilight Acres lst Addition" the City received 21 responses. The responses are summarized as follows: 11 No 6 Yes 4 Other/conditional responses 21 The poll results show there is no consensus on the specific question asked. However, as there has been no petition received in opposition to the project as proposed, staff is recommending the City proceed with obtaining bids for the work. More detailed assessment and schedule information can be presented after bids have been received. COUNCIL MINUTES AUGUST 13, 2001 Assuming the plans and specifications are ordered and approved this evening, and bids are authorized, the bids would be received by the City Council on September 10, 2001. Mayor Bergeson asked if the bids should be received on two (2) separate projects. City Engineer Powell advised the bids will be higher if it is done as two (2) separate projects because the project has been scaled back. Council Member Carlson asked if the grant was based on both sections of the project. City Engineer Powell stated the grant was based on both sections of the project and staff did not want to discuss altering the project with the County. Council Member Carlson moved to adopt Resolution No. 01—.115, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. City Engineer Powell briefly reviewed the plans and specificationscy Drive and Vicky Lane project. Council Member O'Donnell moved to adopt Resolution Dahl seconded the motion. Motion carried unanimous . Resolution No. 01-115 and Resolution No. 01 Consider Resolution No. 01-117, Recei Program (3/5 Vote Required), John P received and publicly opened at 10:0 City Council action is required to The low bid from Pearson Br project. Per the staff rec aggregate. Roadways in t and other City streets on a allocation is as follows: presented. Council Member be and in the City Clerk's office. d Construction Contract, 2001 Sealcoat City Engineer Powell advised sealed bids were 24, 2001. He reviewed the result and noted that ction contract to the lowest responsible bidder. proximately 11% above the Engineer's Estimate for this , the additional cost is due to a significant increase in the cost of include both new streets that were paved about 2 or 3 years ago, ear cycle. Based on the prices of the low bidder, the funding Funding Source Sealcoat and Wearing Course Fund (new streets) Street Department -Contracted Services (5-7 year cycle) Amount $38,043.75 $59,515.25 Total $97,559.00 The completion date for placement of asphalt and rock chips is August 31, 2001; the completion date for sweepings is September 29, 2001. 22 • COUNCIL MINUTES AUGUST 13, 2001 Mayor Bergeson asked if there are restrictions regarding an estimate being within 10% of the engineer's estimate. City Engineer Powell advised that restriction applies to assessment projects. Council Member Dahl moved to adopt Resolution No. 01 — 117, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 01— 117 can be found in the City Clerk's office. UNFINISHED BUSINESS July 9, 2001, City Council Meeting Minutes — Council Member Carlson referred to page 7, paragraph 2, sentence 3, and corrected it to read "He stated the applicant just received a Quit Claim Deed for road access to Old Birch". Council Member Carlson moved to approve the July 9, 2001, City Co Meeting Minutes, as amended. Council Member O'Donnell seconded the motion. Mot' ' unanimously. July 18, 2001, Council Work Session Meeting Minutes approve the July 18, 2001, Council Work Session Meetin O'Donnell seconded the motion. Motion carried unan NEW BUSINESS - None • COMMUNITY CALENDAR AUGUST City Council Work Session, Wedn City Council Meeting, Mond .t 27, 2001, 6:30 p.m. ADJOURN • er Carlson moved to presented. Council Member TISOUGH AUGUST 27, 2001: 22, 2001, 5:30 p.m. There being no further busi ss, ouncil Member O'Donnell moved to adjourn at 11:45 p.m. Council Member Dahl seco € ed the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting September 10, 2001. Jean Vi:, -r, Deputy Clerk Transc ' . - d by: Kim Points TimeSaver Off Site Secretarial, Inc. J Bergeson, Mayor