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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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