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HomeMy WebLinkAbout12/17/2001 Council MinutesDATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : December 17, 2001 . 6:35 P.M. . 8:26 P.M. : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson : None Staff members present: City Administrator, Linda Waite Smith; Ci Community Development Director, Mike Grochala; City Clerk, Ann Rick DeGardner; Finance Director, Al Rolek; City Engineer, John P and Mary Alice Divine, Economic Development Specialist. orney, Barry Sullivan; ublic Services Director, lanner, Jeff Smyser; SETTING THE AGENDA Mayor Bergeson noted the revised agenda, which deleted se" g _ nda item 1C, Charitable Gambling Licenses — VFW Post 6583, Auxiliary, Rese,reutio o. 01-197. He also noted that Consent Agenda item 1B, Consideration of Termination Agree &L Mesabi, should be removed from the Consent Agenda and considered under t a . unity Development Department Report as agenda item 7C. Mayor Bergeson stated that he received a Business and indicated that this issue woul Business. The agenda was approved as amende CONSENT AGENDA Councilmember D g d to a'i eve the Consent Agenda, as submitted. Councilmember Carlson seconded the motio o w e s animously. ITEM o sets of minutes under Unfinished er outlined during consideration of Unfinished ACTION DISBURSEMENTS: i) December 17, 2001 (Check No. 63793 — 63883, $328,209.17) ii) December 17, 2001 (Check No. 63884 — 63916, $56,675.42) iii) Centennial Fire District (Check No. 12971 — Approved Approved COUNCIL MINUTES 12993 $7,701.95) OPEN MIKE No one was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK Approved DECEMBER 17, 2001 Consideration of Resolution No. 01-195, Re -designating Antenna Lease Revenue for Software Licensing, Al Rolek — Finance Director Rolek advised in May 2002 _ he City Council approved Resolution No. 00-66 designating antenna lease revenue for a numbe designations was for computer software licensing in the amount of $1 completed a comprehensive software inventory for all departments. showed that the City's software licensing needs are greater than origi to upgrade existing licenses and to acquire the total number of $36,000. This leaves a significant shortfall in funding for thi urposes. One of the Since that time, staff has the inventory mated. The total costs at this time is about Finance Director Rolek indicated that other items identifie •': • " on No. 00-66 have been completed at significant savings. Still, other items tha ad • n funded are no longer necessary. The resulting balance from these savings is $20,995. This . • « "sufficient to cover the shortfall in funding for the City's computer software licensi Finance Director Rolek indicated the licensi bring the City into compliance with licens' savings realized from the other items desi computer software licensing. The tot previously, would be $36,000. portant one, and needs to be addressed to ts. Therefore, staff recommends that the Resolution No. 00-66 be re -designated toward including the amount designated for this purpose Finance Director Rolek advise • M commendation that the City Council approve Resolution No. 01-195, re -designation • term leas: venues for Software Licensing. Councilmember D Revenues for Softw 4 , • cilmember Reinert seconded the motion. Motion carried unanim Resolution No. 01-195 can be found in the City Clerk's office. ADMINISTRATION DEPARTMENT REPORT, LINDA WAITE SMITH ed to ad esolution No. 01 — 195, re -designation of Antenna Lease Consider Recommendation to Appoint TKDA as City Engineer for 2002, Linda Waite Smith - City Administrator Waite Smith advised TKDA has provided engineering services for Lino Lakes for several years. Based on the performance of John Powell and other TKDA employees, the City Administrator recommended to the City Council in August that the contract for engineering services between the City and TKDA be extended for the year 2002. • • COUNCIL MINUTES DECEMBER 17, 2001 City Administrator Waite Smith indicated that engineering services provided by TKDA include managing the City's Municipal State Aid road system, submitting reports and permit applications to governmental agencies and serving as lead contact for the City on all engineering issues. She stated an analysis had been performed in August and it was found to be more cost effective for the City to continue contracting for its engineering services versus hiring an in-house Engineer. City Administrator Waite Smith advised, in order to formally authorize this representation, the City Council was being asked to officially appoint TKDA as the City Engineer for Lino Lakes through December 31, 2002. City Administrator Waite Smith stated that City Engineer Powell has Lakes' on-site engineering representative of TKDA for a number of years Mr. Powell has received promotions and he now has more corp stated Mr. Powell feels the City of Lino Lakes is too importan therefore be training a new Professional Engineer to take ove City will continue to receive good representation from T A s the City of Lino dicated that over the ds on his time. She ttention and he will sibilities. She stated that the Mayor Bergeson expressed his appreciation to City E well for his hard work. City Engineer Powell stated that he will continue i ailable for the City and will take whatever steps necessary to ensure a smooth transition be een hi pelf and a new Professional Engineer. Councilmember Reinert moved to appoint A . i City's consulting pr t3' engineer through December 31, 2002. Councilmember O'Do 1 seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPAR There was no Public Safety PUBLIC SERVIC RT, SERGEANT MORTENSON REPORT, RICK DEGARDNER Consideration of Reso ` ion No. 01-172, Authorizing Condemnation for Birch Park Trail, Rick DeGardner - Public Se s Director DeGardner advised at the October 1, 2001 Park Board meeting, the Park Board members unanimously recommended that the City Council pursue land condemnation to provide access from the Trapper's Crossing development to Birch Park. Public Services Director DeGardner indicated that the City of Lino Lakes has attempted to secure a trail easement connection from the Trapper's Crossing development to Birch Park since 1994. Over the past few years, the Park Board has again attempted to resolve this issue. However, it appears the only option remaining is to condemn the property. COUNCIL MINUTES DECEMBER 17, 2001 Public Services Director DeGardner advised City staff concurs with the Park Board's recommendation to condemn the necessary property for the following reason: 1. Discussions during the Trapper's Crossing development process indicated that Birch Park would provide park amenities for the residents in the Trapper's Crossing area. In 1994, City staff and the Park Board were aware of the significant amount of wetlands that had to be crossed to provide access to Birch Park. It was decided to provide a crossing to Birch Park, rather than create a park within the Trapper's Crossing Development. The park dedication for Trapper's Crossing and Gemi dedication. The intent was to use this money to provi Additional developments, such as Peregrine Pass, as Avenue and Holly Drive, will also benefit from a trail states was 100 percent cash s to Birch Park. evelopment at 12th to Birch Park. 3. In November, 2000 City staff reached a tentati purchase two acres of land for $6,000. Ci t Whitcombs were no longer interested in sel The land proposed to be condemned is s approximately $500 per acre. Public Services Director DeGardner advise direct the City Attorney to begin condemn necessary to provide a trail access from the though staff is seeking authorization for opportunities to purchase the n Public Services Director DeG Resolution No. 01-172, Aut Councilmember D Park Trail. Council nt with the Whitcomb's to sequently notified that the erty. lusively wetland and is assessed at is recommending that the City Council pro ngs for the two -acre parcel of property er's Crossing Development to Birch Park. Even e two acres of property, they will continue to look for this important trail connection. ity staff recommends that the City Council approve tion for Birch Park Trail. Resolution No. 01 - 172, authorizing condemnation for Birch nded the motion. Motion carried unanimo 1y. Resolution No. 01-172 can be found in the City Clerk's office. Consideration of Resolution No. 01-184, Accepting Donations from the Lino Lakes Lions Club, Lino Lakes State Bank, and Forest Lake Area Athletic Association for the Family Turkey Shoot, Rick DeGardner - Public Services Director DeGardner advised that the Lino Lakes Parks and Recreation Department sought program sponsors for its Family Turkey Shoot, which was held on Saturday, November 17, 2001. The event is a free holiday event for the families of Lino Lakes that consists of low-key competition in a variety of athletic events for prizes. 4 • COUNCIL MINUTES DECEMBER 17, 2001 Public Services Director DeGardner indicated that 125 parent /child teams participated in this year's Turkey Shoot. The Lino Lakes Lions Club, as a program sponsor, has donated $300 to help defer the costs of this event, the Lino Lakes State Bank has donated $165 and Forest Lake Area Athletic Association had donated $100. Public Services Director DeGardner recommended that the City Council approve Resolution No. 01- 184, accepting donations from Lino Lakes Lions Club, Lino Lakes State Bank, and Forest Lake Area Athletic Association for the Family Turkey Shoot. Councilmember Dahl asked if the donations received will cover the e tire cost of the Family Turkey Shoot event. Public Services Director DeGardner stated that the don.: s covered all the direct costs of the event. He indicated many volunteers had donated their time to . nt as well. Councilmember Carlson moved to adopt Resolution No. 01-184, nations from Lino Lakes Lions Club, Lino Lakes State Bank, and Forest Lake Ar:. ° `` . t '° ociation for Family Turkey Shoot. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 01-184 can be found in the City Cler COMMUNITY DEVELOPMENT DEPART ENT ° A PORT, MIKE GROCHALA Consideration of Resolution No. 01-196 Jeff Smyser - City Planner Smyser advised is owned by Mr. Joseph A. Schwartz; connected to City water or sanitary neighboring property at 598 Pine Str intention of Mr. Schwartz to son be able to qualify for th parcels. inor Subdivision for Joseph A. Schwartz, subject property is located at 588 Pine Street and is an un -platted 20 -acre Rural parcel, which is not chwartz's son, Joseph M. Schwartz, lives on the s similarly zoned and 10 acres in size. It is the of his property to his son's property in order that his ltural program. The result would be two 15 -acre City Planner Smyse a Rural zone. The pr at 558 and 598 Pine Str the existing 10 acres at 5 10 -acre required minimum lot size for property in a Rural zone. As a result, approval should carry the condition that the properties be legally combined. zoning ordinance requires a minimum lot size of 10 acres in Minor Subdivision would result in a lot size of 15 acres for the properties Unless and until the proposed five -acre parcel is legally combined with ine Street, it will be nonconforming, as it will be smaller than the City's City Planner Smyser indicated that his report was presented at the December 12, 2001 meeting of the Planning and Zoning Board. After consideration of the issues; the Board voted to recommend approval of the Minor Subdivision, with the condition noted above. City Planner Smyser advised City staff recommends approval of Resolution No. 01-196, Approving Minor Subdivision for Joseph A. Schwartz, with one condition. COUNCIL MINUTES DECEMBER 17, 2001 Councilmember Carlson noted that the report indicated the intent of the subdivision was to allow the applicant's son to qualify for the Green Acres agricultural program. She questioned what the minimum lot size is to qualify for this program. City Planner Smyser stated it was his understanding that the minimum lot size is 10 acres, but this excludes the house property. He indicated that Anoka County automatically reduces a lot size by one acre to account for the house, therefore, this would leave a total of nine acres for the applicant's son's parcel before the proposed subdivision. Councilmember Dahl stated that it was her understanding that the la the minimum required lot size to qualify for the Green Acres agricul 20 acres. City Planner Smyser stated that he had not heard of this chang that if the result of the proposed subdivision does not meet th Green Acres agricultural program, then this was something th Mayor Bergeson suggested that approval of the Mino lot meeting the minimum size requirement for the Gree the minimum lot size requirement is not met, the subdivision. City Planner Smyser offered to suggest to apph . at he verify the minimum lot size requirements for the Green Acres agriculturarngram and then allow the applicant to proceed as he wishes. t have been changed and am would therefore be lif ts. He noted, however, lot size requirement for the s son would need to address. ion be subject to the applicant's son's gricultural program. He felt that if licant may not wish to pursue the Mayor Bergeson asked if approval o M - i r Subdivision would mandate that this subdivision occur. City Planner Smyser st _ of the case. Councilmember Reinert mov- oapp e Resolution No. 01-196, Approving Minor Subdivision for Joseph A. Schwartz'' ented. H + cilmember Dahl seconded the motion. Motion carried unani Resolution No. 01-196 c be found in the City Clerk's office. First Reading, Ordinance 23-01, Calling for a moratorium on new residential development, Jeff Smyser — City Planner Smyser advised that the comprehensive plan sets the policy direction, while the implementation of the plan occurs through official controls, such as the subdivision ordinance and zoning ordinance. City Planner Smyser indicated that the new comprehensive plan establishes a policy to significantly reduce the rates of growth in the City. Staff is setting up a process for amending the official controls to implement the plan. This will take some time to complete and staff is concerned about the • • • COUNCIL MINUTES DECEMBER 17, 2001 development requests in the interim. After conferring with the City Attorney, staff believes it is best to adopt an interim ordinance (moratorium) prohibiting most types of residential development activity in the City for one year. City Planner Smyser indicated there are three main reasons for the moratorium. First, the City Council approved the comprehensive plan, but the plan is still undergoing review by the Metropolitan Council as required by State Statute. Until the Metropolitan Council approves the plan, the City is in an awkward position between the old, sketchy comprehensive plan and the new one. Staff has been using the new plan for guidance but it is not clear how firmly the City can enforce it. City Planner Smyser indicated, while the comprehensive plan establi growth to an average of 147 new homes per year, the current official means to ensure implementation of the policy. The City should be i deny new development applications, it has clear and easily defensibl City Planner Smyser added that City staff anticipates new pla d MUSA reserve applications in the very near future. Revising the ordinan a jor undertaking. City staff will have the services of the City's planning consultant, bu s e will require significant effort by staff as well. The moratorium will allow staff to d ote t e to the ordinance project rather than attempting to review new applications using ordinances or may not support the new comprehensive plan. the policy of reducing do not provide the n where, if it wants to City Planner Smyser indicated that the scope preliminary plats, residential rezoning, an development. Final platting of approved pre City Planner Smyser stated that the has received Livable Community Pro was a planning grant and anot State monies awarded to the Statutes in the Village develo um would prohibit new residential SA reserve for new residential ary plats will be allowed. would not apply in the Village. He explained the City s for the Village project. He indicated that the first implement the project. He noted these are regional and City to pursue goals set by the Legislature and State City Planner Smyse the moratorium, unles developments as a thre visions that result in up to four lots would be exempt from need MUSA reserve acres. He stated that staff did not see such smaller any new policies. City Planner Smyser indicated the moratorium would not affect commercial and industrial developments, nor building permits or site plan reviews. He noted that building permits are assigned, and site plans reviewed, on a lot -by -lot basis. City Planner Smyser indicated that the City has approximately -400 residential lots that have been approved for development and applications for building permits could be submitted for these developments and not be affected by the moratorium. He indicated that, per the new comprehensive plan policy of reducing development, this represented over two and one-half years worth of development. Therefore, City staff feels there are enough lots currently in the pipeline to COUNCIL MINUTES DECEMBER 17, 2001 accommodate new growth that would be allowed under the new growth policy of the comprehensive plan. City Planner Smyser presented the following schedule for the interim ordinance establishing the moratorium as follows: Notice to Quad Press Published Public Hearing First Reading Second Reading Published Effective Tuesday 11/20/01 Monday 11/26/01 P & Z 12/12/01 City Council 12/17/01 City Council 1/14/02 1/21/02 2/21/02 City Planner Smyser advised the moratorium would be effectiv The City can extend it beyond that, if necessary. Staff plans t and zoning ordinances before the expiration date to avoid Ihe City Planner Smyser indicated that the City Council formed to undertake the ordinance revision work. The each of the City's Boards and will be chaired by schedule will be determined for the first few mo until February 21, 2003. revisions to the subdivision extension. sta . ve agreed that a Task Force shall be e will consist of two members from ouncilmember. He anticipated that a specific topics have not been finalized. City Planner Smyser advised the Planning moratorium ordinance on December 12, 200 the City Council approve the first rea 'card conducted a public hearing on the he Planning and Zoning Board recommended that ce No. 23-01. Mayor Bergeson noted that a public consideration of this issue; ho audience. been held during the Planning & Zoning Board's illing to open the meeting for comments from the Neal Blanchet, rept evening on behalf o development, which h requested the letter and letter will be attached to offman, Daly & Lindgren, Ltd., stated that he was present this c. and Gary Uhde regarding the Behms Century Farm n in process for nearly nine years. He had a letter in this regard and comments be entered into the public record on this matter. A copy of the Council minutes. Mayor Bergeson asked Mr. Blanchet if he had attended the Planning & Zoning Board public hearing regarding the proposed moratorium. Mr. Blanchet stated that he had not. Mayor Bergeson asked that Mr. Blanchet summarize the information presented at the public hearing. Mr. Blanchet stated that Mr. Uhde feels that the proposed moratorium will bring an abrupt end to his development. He indicated that Mr. Uhde has had a good relationship with the City and believed that he could continue to work with the City and design a development that would meet the City's goals. 8 COUNCIL MINUTES DECEMBER 17, 2001 Mr. Blanchet noted the City Planner had indicated that the moratorium could be extended, and it has been his experience that this occurs for nearly all moratoriums. He indicated that Mr. Uhde was greatly concerned by the amount of time the proposed moratorium could delay his project. Mr. Blanchet pointed out that the proposed moratorium would not apply to the City's Town Center area because of the grants that had been extended to help fulfill certain City goals. Likewise, Mr. Uhde, in anticipation of developing the various phases of Behms Century Farm, has invested hundreds of thousands of dollars to bring public utilities to his property. He stated that having this project held up by the moratorium would not allow Mr. Uhde to move forward with his goals. Mr. Blanchet stated he was also concerned about the distinctions be' residential developments and the Village area would be exempt fro the moratorium would apply to larger scale residential developments to draw a distinction between types of residential development to set different regulations between uses, but in this case the distinction was arbitrary. in which small-scale d moratorium but at this was attempting State law allows a city same. Therefore, he felt the Mr. Blanchet noted in his report to the City Council t due to the comprehensive plan's policy of reducing gro establishing what Mr. Blanchet argued was a "ca Minnesota Statutory authority that would allow believed that if a proposed structure meets then the plans for that structure should be wishes to control growth and has that ri growth was to maintain public health He indicated the City's charter req Mr. Uhde has done. Therefore, he dig moratorium or a cap on buildi son for the proposed moratorium was e City's intent to control growth by 'lding permits. He stated that there was no establish a cap on building permits. He f the building code and is a permitted use e forward. He acknowledged that the City ever, he noted that the intent behind controlling ensure adequate public infrastructure is in place. ers to pay for and provide public infrastructure, which public infrastructure reason for establishing a wed Mr. Blanchet asked that Mr. be a itted to move forward and continue to work with City staff with his developm e offer'; o answer questions. Councilmember Carls City Planner Smyser st Environmental Board, th ed what City Boards will be represented on the proposed Task Force. that the Task Force was proposed to consist of two members of the anning & Zoning Board and the Economic Development Authority. Councilmember Carlson requested confirmation that the Park Board would be brought into the process when and if an issue arises under their jurisdiction. City Planner Smyser stated that this was correct. Councilmember Carlson suggested that the Staff Report describing the proposed scope of the moratorium regarding smaller developments be amended to state, "Subdivisions that result in up to four residential lots would be exempt..." She felt this amendment would clarify that the moratorium does not apply to commercial and industrial developments. COUNCIL MINUTES DECEMBER 17, 2001 City Planner Smyser indicated that the wording of his report is not identical to the Resolution language. He indicated that Section 3(E) of the Resolution specifies what the moratorium does not apply to. Paragraph 4 of that Section states that the moratorium would not apply to applications for preliminary plats for commercial, industrial, or other non-residential development. Councilmember Reinert noted that the City Council has discussed this topic in a few short meetings. He stated that at first he wondered if the intent of the City could be accomplished without a moratorium. He stated that after learning more about the reasons why a moratorium would be needed and the possible legal ramifications of not having a moratorium whil- working on the ordinances, he has come to understand the reasons for needing one. However, he n. _ that staff has indicated there are a total of 143 different issues that need to be discussed and addres this topic and at this point he does not know what these issues are. He felt that without t info .n he would be voting in the dark and he wondered if all 143 issues needed to be inc d ons, e list. He questioned whether some of the issues could be dealt with outside the mor Councilmember Reinert was not certain whether he shoul vo e th "ssue this evening. He acknowledged that at some point the City will need a moraome amount of time to update its ordinances. However, he would prefer to know m ' abo the 143 topics before voting on the moratorium. Councilmember Reinert stated he was primarily He felt that the process will determine whet he was not convinced that the process has before the process is established is putting Councilmember Reinert noted the ordinances that will allow the City to moratorium is not intended to opftto with the tools to control go in the about the process that would be followed. ssue is handled smoothly and at this point He felt that establishing a moratorium before the horse. Councilmember R issue tonight. He fe City's codes prior to a premature since the Co process. oratorium was to allow City staff to develop e goals of the comprehensive plan. He indicated the growth. Rather, the moratorium will provide the City had thought long and hard on whether he could vote on this eded to be put into establishing the process of updating the ng a moratorium. He felt that voting on this issue this evening would be it has not considered everything that needs to be considered to begin the Councilmember Reinert stated that he intended to vote for the proposed moratorium at some point but he would like more information in order to ensure that the work will be completed within one year so the moratorium will not need to be extended. Councilmember Reinert moved to table consideration of the FIRST READING of Ordinance No. 23- 01 to the January 14, 2002 City Council meeting. 10 • • COUNCIL MINUTES DECEMBER 17, 2001 Mayor Bergeson suggested that prior to voting on this motion the Councilmembers have an opportunity to ask questions of City staff. Councilmember O'Donnell, in response to Mr. Blanchet's concerns, wished to address the tools the City will have available to them once the new ordinances are in place. He indicated that the Councilmembers have questioned a number of times whether the comprehensive plan goal of reducing growth to an average of 147 per year will be a tool for the City to control growth. He was not certain whether the Council has received a good answer to that question; however, he was not certain a good answer was available. He was concerned by the possibility of the City establishing the proposed moratorium and spending one year of City staff time and effort creating ordinances and finding that it still cannot control growth. City Planner Smyser stated that the purpose of the moratorium was t they need to do. He stated that if the moratorium is not established number of development issues, which will take away resource process. He stressed the fact that the moratorium and the ord staff to do the work 1 be hit with a w through with the isions are two separate items. Councilmember Reinert stated that he would prefer a coup • f eeks to ensure that the process the City intends to follow is the correct process so theme-. will $ no delays when the moratorium expires. He understood the need to protect the City thr ratorium between now and the time the new ordinances are in place. However, he w ' er that the process be determined prior to the approval of the moratorium. He was concerned .!,out tli 43 items that City staff have identified that need to be covered during the moratorium. City Planner Smyser noted that the action be :; equested of the City Council this evening was for the first reading of the proposed ordinan . s a nd reading was scheduled for January 14, 2002. After the second reading, the ordin. ' e will d to be published and the moratorium would not take effect until the end of February. He i ate e Council does not approve an ordinance until its second reading. He recomme t • uncil approve the first reading this evening and direct City staff to put together infw ation • the • ,cess, which could then be reviewed during the second reading. He stated that if the reap g is delayed to the next Council meeting, this will add approximately one ; + --half s to the entire process. Mayor Bergeson aske t a City Planner Smyser address Councilmember O'Donnell's question regarding the City's abi to control growth. City Planner Smyser state • that the City was not, nor has it ever proposed to establish a cap on building permits. He indicated that the figure of 147 was the City's goal for the average number of new residential developments within a period of one year. He stated that the City has the right, authority and ability to use the City's control of MUSA allocations to implement this goal. Councilmember Carlson requested an estimate on the number of new plats that would be submitted to the City after the beginning of the new year. 11 COUNCIL MINUTES DECEMBER 17, 2001 City Planner Smyser indicated that there have been a number of developers waiting to submit plans to • the City for years. He indicated that there is not a great deal of MUSA available in the reserves. He stated once the Metropolitan Council approves the City's comprehensive plan, MUSA acreage will again be available. City Planner Smyser estimated that there were approximately three to four properties with a minimum of 80 acres each waiting to propose plats to the City. Additionally, there were a few locations in the City's existing MUSA areas that may be interested in proposing plats; however, plans have yet to be submitted. Councilmember Carlson requested confirmation that there were app currently located in the MUSA with at least 80 acres, for a total of ap currently be ready for development. City Planner Smyser stated that Councilmember Carlson noted that this could result in over 70 She expressed concern that if the moratorium is not established ordinances are not in place to protect the City and implem controlling growth. Councilmember Reinert noted the City cannot allocate he pointed out that the comprehensive plan has n He indicated that the City was approximately 1 did not want the City to find itself in a situation tr necessary ordinances in place to achieve tl€ oals ately four properties not tely 320 acres, that may xrect. ng proposed in the City. could face litigation if the hensive plan goals of ds it does not have. Additionally, en approved by the Metropolitan Council. y from having MUSA available and he s MUSA available but does not have the comprehensive plan. Councilmember Reinert felt that if th process in place it would be a majo process to create the necessary ordin moratorium can be approved. 0o fast on establishing a moratorium without a couraged City staff to move forward in establishing a ieve the goals of the comprehensive plan so the Councilmember Dahl asked Planner Smyser in of calls from local evelopers had been notified of the pending moratorium. City moratorium has been publicized and he has received a number Councilmember Dahl e essed concern that she did not know what the 143 topics are that City staff intends to address. How .r, she was also concerned about the possiblity of the comprehensive plan being approved without a moratorium in place and without the necessary ordinances in place to support the goals of the comprehensive plan Councilmember Dahl noted City Planner Smyser had estimated that there were approximately four properties waiting to propose plats to the City and she believed these developers will begin to put pressure on the City if it does not move forward with the updates to the City Code. She felt if pressure is put on staff this will also cost the City time. 12 • COUNCIL MINUTES DECEMBER 17, 2001 Councilmember Dahl pointed out that in the moratorium fact sheet provided to the City Council, it states that the City has outdated rules, which she agreed with, and that the City's zoning and subdivsions ordinances are the specific rules that developers must follow. The fact sheet also stated that the City will write new ordinances to proivde the legal authority needed to regulate good quality development, which she believed the City Council and most citizens wanted. Councilmember Dahl noted that the fact sheet also stated the interim moratorium will give the City time to devise stronger controls so that it can be proactive rather than reactive for future planning. She felt if the ordinances are not in place the City has no controls. She reiterated that the City's rules and comprehensive plan are very outdated. She believed in order for the City to have quality development it is imperative that the new ordinances are established if City staff believes the only way they can concentrate on establishing such ordinances is to a. interim moratorium, she would prefer that staff take the time to do the work right the firs me so ordinances do not have to be amended later. Councilmember Dahl noted that the City Council had voted comprehensive plan and knew that ordinances would nee felt the Council should move forward with the moratorium necessary ordinances. Councilmember Dahl believed City staff was pl were never guarantees when work will be comp within the anticipated time frame. She sugg evening in order to move forward with thi Mayor Bergeson noted Councilmemb. ordinance and he asked if at this po motion. to approve the to implement the plan. She staff to work on the aggressive schedule and, although there elieved staff would acomplish this work ity Council approve the first reading this moved to table consideraiton of the interim ember Reinert intended to move forward with this Councilmember Reinert stat ®.hat the iscu ns so far have not changed his mind. He felt the Council was not prepared to aroposed interim ordinance this evening. He understood that the action requeste3i:y W ning only for the first reading of the ordinance, however, he noted the first reading wo be • H a ve •` _ oratorium of one year. He felt the Council needed to discuss this matter further to s me just what they would be voting for. He noted he has not seen an aggressive schedule for necessary work proposed by City staff. He stated that his motion would be to table the proposed i rim ordinance and to direct City staff to take a closer look at the process to ensure it is the correct process to accomplish the necessary work in a timely manner. Mayor Bergeson noted the motion was open ended and asked if a date should be included for when this issue will be reconsidered by the City Council. Councilmember Reinert stated that the issue should be reconsidered at the next regular Council meeting since he would not want to take more time than this. Mayor Bergeson seconded the motion. 13 COUNCIL MINUTES DECEMBER 17, 2001 Cuoncilmember O'Donnell stated he did not second the motion because this evening's action was only the first of two readings on the proposed ordinance. He felt the City Council could direct staff to gather more information regarding the process prior to the second reading. Then, if the Council feels the process information is not sufficient at that time, the interim ordinance could be denied and started over. Councilmember Reinert stated he would not want to have to start over with this issue. He noted if the City Council approved the first reading this evening and the second reading fails, more time will be lost. He noted Councilmember Carlson had expressed concern for the urgency in establishing the ordinances in a timely manner. Councilmember Reinert stated he did not wish to be in a position of t however, he had been fairly disappointed by the limited amount of i meeting. Additionally, he noted that all the issues he has brought up up by him in the past during Council discussions on this topic. e interim ordinance, efore tonight's g have been brought Councilmember Carlson did not support tabling the interi interim ordinance referring to a moratorium had been disc Committee and was discussed by the City's Planning onsu comprehensive plan. Councilmember Calrson stated the Environmen interim ordinance for a moratorium. She be the moratorium carefully and she is very s ; ort deal of effort, hard work and improvement Councilmember Carlson believed entire process for four weeks and she this evening. s evening. She noted that an &Comprehensive Plan when the Council approved the d in June unanimously recommended an f has considered all the ramifications of ivf`"tiff's work. She stated she has seen a great City's Planning Department. e interim ordinance this evening would delay the ouncil should approve the first reading as presented Community Development Di •r Grp ala believed that there would be an option, if the City Council feels the irtt n pro ": during the second reading was not sufficient, to table the second reading to theeting. Community Developme I rector Grochala stated that the 143 issues reflected his reviewing the comprehensive plan and i tifying policy statements within the plan that focused on zoning and subdividison ordinance issues. He indicated that most of the 143 policy statements will not require separate ordinances to address, however, they provide City staff with a reference to create policies to implement the goals of the comprehensive plan. He stated that the 143 policy statements he mentioned to the Council are condensed into a list included in the implementation section of the comprehensive plan. Community Development Director Grochala stated City staff has been attempting to put together ideas and a process on how to proceed with the implementation of the comprehensive plan. He stated staff intended to come back before the City Council at their January 14, 2002 meeting with a 14 COUNCIL MINUTES DECEMBER 17, 2001 proposed Resolution dealing with the process. He stated that the intent was to establish a list of who will be working on the process and determine the rules and responsibility of the members of the Task Force, as well as the role the Council will play in the process. He stated that a timeline will also be established in order for the new ordinances to be effective in conjunction with the expiration of the moratorium. Community Development Director Grochala noted City staff has begun work on preliminary documentation in preparation of the training workshop on January 26, 2002. Community Development Directors Grochala believed that the burde of completing the necessary work on time will ultimately be on the City Council since the Counc the final authority to approve the ordinances. Councnilmember Reinert stated he was very concerned about the pro City staff has not planned its work yet, the Council was being based on that work. He stated that he would feel better about would be able to prepare information regarding the process session. He stated he did not want to have to decide at the table the ordinance. Community Development Director Grochala ind process policy to the City Council during their J information can be updated as necessary pri He indicated the information presented to specific issues that would be discussed b th oted that, although d`a ordinance this evening his issue this evening if staff ,anuary 9, 2002 Council work meeting on whether or not to intered to bring information regarding the Councilmember Reinert stated he want to review the proposed rules ork session for their review so the reading of the ordinance on January 14th un the 9th of January would not include the k Force at each meeting. ect this much information, rather he would simply t for the process. Mayor Bergeson stated that regarding the proposed moratorium, which he has brought up in the past, was th pact commercial development. He was concerned that if the City Council appro � first reg _ this evening, regardless of whether there were opportuntities to fine tune the ordi ` a ce, 'on 1 be the headline. He feared this would send a clear message to the business comm t.:` ho may feel that perhaps Lino Lakes was not the place to bring their businesses. He felt that s issue has not yet been addressed. Mayor Bergeson noted one question in the fact sheet information was why the City cannot get the new ordinances in place without suspending new residential development for one year. He stated the answer to that question had been that the City could, but it would take longer because City staff members, who will be key to rewriting the regulations to enforce the Comprehensive Plan, will have a window of time free from reviewing new applications to devote to this revision of the zoning and subdivision codes. He felt that this answer meant that the reason for needing a moratorium was due to a lack of resources. He felt that if this was the primary concern, then the City should discuss obtaining more resources to allow the rewriting of the regulations and the reviewing of new applications at the same time. 15 COUNCIL MINUTES DECEMBER 17, 2001 Mayor Bergeson stated he had other issues he wished clarified and thererfore supported the motion to • table consideration of the interim ordinance. Councilmember O'Donnell believed that a headline regarding this issue has already been made and no matter when the ordinance is passed there will be another headline at that time. He shared Mayor Bergeson's concerns regarding how the proposed moratorium would affect commercial and industrial development. He stated that he supports commercial and industrial growth within the City, however, he was concerned about residential development reaching a record pace over the next two to three years. He stated he supported managing the growth, as well as the proposed interim moratorium. Councilmember O'Donnell feared that tabling the proposed interim o process and he wished for the process to start immediately in order f place as soon as possible. ' Therefore, he would vote against the mo felt if City staff does not deliver the necessary information d session, then the Council could consider tabling the second re e would delay the dinances to be in e the ordinance. He 9, 2002 Council work e ordinance at that time. Councilmember Carlson believed that a large part of the of pct Council will have on the development of the community, both commercial and side ` 'al, is how the Council handles this matter. She stated the Council had been able to comem%� a team during the comprehensive plan update and the challenge will be to come to a team again in moving through the moratorium and getting the comprehensive p1. .prove' a d in place for the benefit of the entire City. Councilmember Dahl believed that the deve of what cities are doing and that they is a good common sense action for s of commercial and industrial uses are always aware proposed moratorium makes good business and Councilmember Dahl did not e onion to table the interim ordinance. • Councilmember Carlson vote ncilmember O'Donnell voted nay. Councilmember Dahl voted nay. Council eine" r •ted yea. Mayor Bergeson voted yea. Motion failed on a vo e o to three. Mayor Bergeson called fo s motion based on staff's recommended action. Y g Councilmember O'Donnell moved to approve the FIRST READING of Ordinance No. 23-01, as presented. Councilmember Dahl seconded the motion. Councilmember Carlson noted the proposed ordinance states that the purpose of the interim ordinance was to protect the planning process; to protect the public health, safety and welfare; and to ensure that the City and its citizens retain the benefits of, and the protection afforded by, the City's comprehensive plan and offical controls until the study process is completed and any modifications to the City's official controls become effective. She felt that these statements explained the strong need • 16 COUNCIL MINUTES DECEMBER 17, 2001 for the moratorium and she saw the moratorium as an opportunity for the City to implement the comprehensive plan and, if the moratorium is not passed now, she believed the City will lose that opportunity. Councilmember O'Donnell asked how the Councilmembers should communicate what they want staff to work on for the January 9, 2002 Council work session. Councilmember Reinert offered to provide his concerns to staff in writing. He noted, however, that he has expressed the same concerns at all Council meetings on this matter and he was upset that staff has not done their job regarding this matter up to this point. City Admistrator Waite Smith recommended that the Councilmember interviewed as to what they want presented at the January Council w Mayor Bergeson reiterated his concern of how the moratorium in the City. Councilmember Reinert stated he was not opposed to the did not want the City to paint itself into a corner. He prepared once the moratorium expires. He stated he w staff provides the necessary information during t favor of the second reading. ephoned by staff and ure commercial growth e 'abh `r of a moratorium, however he co rned that the City would not be pport the motion at this point but if Council work session, then he will vote in Councilmember Carlson voted yea. Coun emb - ® onnell voted yea. Councilmember Dahl voted yea. Councilmember Reinert voted na 7 ayor Bergeson voted nay. Motion carried on a vote of three t Ordinance No. 23 — 01 can be t ty Clerk's office. Consideration of Terminatio • ree ent With H&L Mesabi, Mary Divine — Mayor Bergeson indicated that duri conn evelopment Authority meeting earlier this evening, the City Council approved +r;aniination Agreement with H&L Mesabi. He asked that Ms. Divine make a presen . • on this issue. Ms. Divine explained tha >q March 2001 the Economic Development Authority passed a Resolution declaring H&L Mesabi in i efault on a Development Agreement and Assessment Agreement it had entered into with the Authority. The company had already purchased three acres of property in the Apollo Business Park before making a decision not to build its new facility. Ms. Divine indicated according to State Statute, all parties that enter into an Assessment Agreement must terminate the agreement by "mutual consent." Mr. Bernard Carey, President of H&L Mesabi, was advised that he must take action to terminate the Assessment Agreement with the Economic Development Authority, the School District and Anoka County, or pay taxes on a building that did not exist. 17 COUNCIL MINUTES DECEMBER 17, 2001 Ms. Divine advised Mr. Carey is now planning to sell the three acres of land, and as a condition of sale, his attorney is requesting a Termination Agreement be executed so that when signed by Mr. Carey, there will be evidence of mutual consent. Ms. Divine stated that the agreement is consistent with the Resolution adopted in March, but the Economic Development Authority never explicitly authorized the President and Executive Director to sign such an agreement. The action taken this evening by the Economic Development Authority makes that authorization. Councilmember Dahl moved to approve the execution of a Termina • greement with H&L Mesabi. Councilmember Carlson seconded the motion. Motion passed unanimously. UNFINISHED BUSINESS CONSIDER APPROVAL OF MEETING MINUTES Mayor Bergeson indicated that there had been a reques e minutes of the October 8, 2001 Council meeting and the November 21, 2001 Co�' e m o k session for further review. Mayor Bergeson stated the minutes of the Deeler 10, Councilmember O'Donnell as being preseut he such. • 01 Council meeting had shown Illsent and the minutes should be amended as Councilmember Dahl believed that,.o s' page Y , of the October 3, 2001 Council work session minutes, the statement in the middle o he si i paragraph should be in the form of a question. Councilmember Dahl stated • the bo m ofage eight of the November 13, 2001 Council meeting minutes it refers to the Octob F7, 20 �: meeting with the Environmental Board and states that the motion had passed, usly '• ever, she had not been in attendance at that meeting and she asked that the minutesect that. Mayor Bergeson noted that the reference to the motion passing unani £. + would relate to all those who were present at the vote. Councilmember Carlson , ed she had been absent from the October 3, 2001 Council work session meeting. October 3, 2001, Council Work Session Minutes — Councilmember O'Donnell moved to approve the October 3, 2001, Council Work Session Minutes, as corrected. Councilmember Dahl seconded the motion. Motion carried 3 — 0 — 2 (Councilmembers Carlson and Mayor Bergeson abstaining.) November 7, 2001, Council Work Session Minutes — Councilmember Dahl moved to approve the November 7, 2001, Council Work Session Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. 18 COUNCIL MINUTES DECEMBER 17, 2001 November 7, 2001, Special Closed Meeting Minutes - Councilmember Dahl moved to approve the November 7, 2001, Special Closed Meeting Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. November 7, 2001, Canvassing Board Meeting Minutes - Councilmember Dahl moved to approve the November 7, 2001, Canvassing Board Meeting Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. November 13, 2001, Council Meeting Minutes - Councilmember November 13, 2001, Council Meeting Minutes, as corrected. Counc the motion. Motion carried unanimously. ahl moved to approve the ber O'Donnell seconded November 26, 2001, Council Meeting Minutes - Councilmember November 26, 2001, Council Meeting Minutes, as presented. the motion. Motion carried unanimously. to approve the r O'Donnell seconded December 10, 2001, Truth -in -Taxation Hearing Minute C i° ember Dahl moved to approve the December 10, 2001, Truth -in -Taxation - , 'ng '; utes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unani December 10, 2001, Council Meeting Minute December 10, 2001, Council Meeting Minus motion. Motion carried unanimously. ember Dahl moved to approve the d. Councilmember Carlson seconded the December 10, 2001, Special Work r+ es - Councilmember Dahl moved to approve the December 10, 2001, Special Work .. °cion utes, as presented. Councilmember O'Donnell seconded the motion. Motion Carries a i sly. NEW BUSINESS There was no new COMMUNITY CAL . D AR DECEMBER 18, 2001 THROUGH JANUARY 14, 2002: Wednesday, December ' 2001, 6:30 p.m., Environmental Board Meeting Monday, December 24, 2001, Christmas Eve Day, City Hall Closed Tuesday, December 25, 2001, Christmas Day, City Hall Closed Tuesday, January 2, 2002, New Year's Day, City Hall Closed Thursday, January 3, 2002, 7:00 a.m., EDAC Meeting 19 COUNCIL MINUTES DECEMBER 17, 2001 Monday, January 7, 2002, 6:30 p.m., Park Board Meeting Wednesday, January 9, 2002, 5:30 p.m., City Council Work Session Wednesday, January 9, 2002, 6:30 p.m., Planning and Zoning Board Meeting Thursday, January 10, 2002, 7:00 p.m., Charter Commission Meeting Monday, January 14, 2002, 6:30 p.m., City Council Meeting ADJOURN There being no further business, Councilmember Reinert moved to Councilmember Carlson seconded the motion. Motion carried unanimously. 26 p.m. These minutes were considered and approved at the reguseting, January 28, 2002. Ann Blair, -pity Clerk erg-' on, Mayor Transcribed by: Lori Rolfson TimeSaver Off Site Secretarial, Inc 20