Loading...
HomeMy WebLinkAbout01/14/2002 Council MinutesDATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : January 14, 2002 . 6:53 P.M. : 10:29 P.M. : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson : None Staff members present: City Administrator, Linda Waite Smith; Chief of Police, Dave Pecchia (part City Attorney, Bill Hawkins; Community Development Director, Mike Grochala; City Clerk, Ann Blair; Public Services Director, Rick DeGardner (part); Directo f Administration, Dan Tesch; Finance Director, Al Rolek; City Engineer, John Powell; and City Jeff Smyser OATHS OF OFFICE FOR COUNCILMEMBERS City Attorney Hawkins performed the swearing-in cere Mayor of the City of Lino Lakes. e re-election of John Bergeson as City Attorney Hawkins performed the swearing -i ony for the re-election of Jeff Reinert as Councilmember of the City of Lino Lakes. City Attorney Hawkins performed the sw g-i'=remony for the re-election of Caroline Dahl as Councilmember of the City of Lino Lak SETTING THE AGENDA Councilmember Dahl aske a. : ent of Acting Mayor under agenda item 4C be handled separately from the remainin ppolntments. Mayor Bergeson advised City stf has requested the deletion of agenda item 7C, Consideration of Resolution 01-185, Approving Minor Subdivision, SSR & W Development, for reconsideration at a future City Council meeting. Mayor Bergeson noted agenda item 5A will be slightly modified. The agenda was approved as amended. CONSENT AGENDA Councilmember Carlson moved to approve the Consent Agenda, as submitted. Councilmember O'Donnell seconded the motion. Motion carried unanimously. COUNCIL MINUTES ITEM ACTION A. DISBURSEMENTS: January 14, 2002 (Check No. 63917 — 64076, $571,362.16) ii) Centennial Fire District (Check No. 12994 — 13023 $11,327.21) iii) Charitable Gambling License Renewal — VFW Post 6583 Approved Approved Approved B. CONSIDERATION OF EASEMENT AGREEMEN SCHUT'S, Rick DeGardner, Public Services Director DeGar has drafted the proposed Easement Agreement. This agenda ite Clerk to execute the Easement Agreement as required by th OPEN MIKE JANUARY 14, 2002 ROM THE CITY TO THE wised City Attorney Hawkins zes the Mayor and City tipulation of Settlement. Mayor Bergeson read a proclamation, declaring J. 21;002 as Dr. Martin Luther King, Jr. Day in the City of Lino Lakes. There was no one present for open mike. FINANCE DEPARTMENT REPOR CLEK Consideration of Resolution No. Indebtedness, Al Rolek — Finance Certificates of Indebtedness capital equipment as part of t ing the Issuance of 2002 Certificates of ek advised the 2002 budget called for the issuance of $140,000 at 6% interest to be used for the purchase of equipment replacement program. Finance Director Rolek indicate he Area and Unit Fund has sufficient reserves to issue a loan to finance these purchases. A Special Levy will pay for this certificate in 2003, 2004 and 2005 and the levy proceeds will be credited to the Area and Unit Fund. Finance Director Rolek advised staff recommends that the City Council adopt Resolution No. 02-02, Authorizing the issuance of the 2002 Certificates of Indebtedness. Councilmember Reinert moved to adopt Resolution No. 02-02, Authorizing the Issuance of 2002 Certificates of Indebtedness. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02-02 can be found in the City Clerk's office. 2 COUNCIL MINUTES JANUARY 14, 2002 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Approve Appointments to City Boards, Dan Tesch - Administration Director Tesch advised there are a number of vacancies to be filled on City Boards due to resignations or expiration of terms of office. Vacancies were advertised, applications accepted and applicants interviewed. In December 2001, the City Council reached a consensus to appoint or reappoint the list of individuals included in the staff report to serve on the various boards. The City Council now needs to take formal action to make these appointments official. Administration Director Tesch advised staff recommends that the City Council approve the appointments to City Boards as listed in the staff report. Mayor Bergeson stated outstanding candidates had been consid:-d for the City Board vacancies and the decisions had been difficult to make. Councilmember O'Donnell moved to approve the Appointms Boards as listed in the staff report. Councilmember Carlson seconded the motion. Councilmember Carlson agreed that many good appli is had been considered and selecting new Board Members had been difficult. Because of the ahty o the applicants and the fact that the City loses Board Members throughout the year, she m ' e s amend the motion to approve the Appointments to City Boards to state that if a ber leaves within the next year before new positions are scheduled to be advertised, the t top applicant for that position fill the vacancy. Councilmember Dahl seconded the motio e sion purposes. Councilmember Carlson noted the E re .l Board had lost two members and went for three to four months without those position it ® he stated during the previous round of interviews for Planning and Zoning Board poli ` $ e C ty received a very well-qualified applicant who had involvement in internationa owever, this applicant had not been chosen at that time and one applicant that had bet ted esigned from the Board within one month and moved out of the City. She felt that appoi sting the next highest qualified candidate to fill this type of vacancy would be an efficient way of app inting well-qualified Board Members. Mayor Bergeson was opposed to this amendment. He felt the long-term vacancies on the Environmental Board were unfortunate. He felt this was a responsibility the City Council should have addressed and they could have filled those vacancies in a timely manner. He stated he would favor advertising for Board vacancies. Mayor Bergeson called for a vote on the proposed amendment to the original motion. Motion failed 2-3 (Mayor Bergeson and Councilmembers O'Donnell and Reinert opposed.) Mayor Bergeson called for a vote on the original motion to approve the Appointments to City Boards as listed in the staff report. COUNCIL MINUTES Motion carried unanimously. Oaths of Office for Board Members, Bill Hawkins JANUARY 14, 2002 City Attorney Hawkins performed the swearing-in ceremony for the appointments of City Board Members. Mayor Bergeson extended his congratulations to the newly appointed Board Members. He indicated that the Board Members not present this evening could be sworn in at a later date. He noted Sharon Lane, a re -appointed member of the Planning and Zoning Board, had been present earlier this evening but left because today is her birthday. He wished her a happy birthday. Annual Appointments, Dan Tesch — Administration Director. Council is required to make a number of appointments. Appoint boards have been approved. Included in the staff report is a list made. He noted the list showed the appointments for the ye for 2002, some of which were the prerogative of the City C Mayor Bergeson noted Councilmember Dahl had ask addressed separately from the remaining appointm Mayor Bergeson noted item 13, the appointme t to correctly designate Councilmember Jeff R Councilmember Dahl stated everyone compromises. She stated she has re same in the future. She stated she Mayor, she would like the Acting appointed a male Councilm issue with Mayor Bergeson Councilmember serves as Acti was not concerned with the noti balanced. ch advised each year the City of individuals to advisory tments that still need to be the proposed appointments name. e appointment of Acting Mayor be Corrections for 2001, should be amended • she stands for win-win situations and/or ame over the last four years and intends to remain the Glance on the Council and, as long as there is a male be a female. She noted former Mayor Sullivan had Acting Mayor. She indicated she had discussed this ed she did not care whether she or the other female Mayor, providing the position is filled by a female. She stated she of majority or minority, rather she wished for the Council to be Mayor Bergeson stated during the last Council work session there had been proposals for two different individuals to serve as Acting Mayor for 2002. He asked that a motion be made for this appointment. Councilmember Carlson noted Mayor Bergeson had made such a motion at the recent Council work session and asked if he wished to do so now. Mayor Bergeson moved to appoint Jeff Reinert as Acting Mayor for 2002. Councilmember O'Donnell seconded the motion. 4 COUNCIL MINUTES JANUARY 14, 2002 Councilmember Carlson stated she agreed with Councilmember Dahl's comments. She recalled reading in the newspaper a few years ago when she was not serving on the City Council that there had been an investigation that found the women were sitting toward the back while the men sat at the table. She believed decisions such as appointing an Acting Mayor should be based on who has the best experience and training. She felt that Councilmember Dahl, the current Acting Mayor, would be the best candidate for re -appointment, because she has done a very good job over the past two years, has been on the Council twice as long as Councilmember Reinert, has served on the Planning and Zoning Board and has been involved in other community activities. If Councilmember Dahl is not the choice, Councilmember Carlson stated she would be willing to serve as Acting Mayor. She noted she has served as Vice Chair of various boards since 1976 and has served on the Planning and Zoning Board for one year prior to being elected to the Council. Councilmember Carlson noted the Planning and Zoning Board believed the City placed a great deal of emphasis on the Plannin the minutes of the Special Council meeting minutes of October he believes the Environmental Board is a sub -board relating did not believe this is the case and she believed in the impo andated by State law and she oning Board. She noted per Mayor Bergeson had stated ing and Zoning Board. She f the Environmental Board. Councilmember Carlson noted Councilmember Rein .:��' old the Environmental Board applicants that there has been some animosity from the Board e pa and the Board should work hard to embrace development, or that the City is looking or . nvironmental Board that embraces development in order to be part of the process. " ~ A ed the City needs a strong Environmental Board that will embrace development as far orking with developers with an emphasis on the Board. Councilmember Carlson believed the Mayor is male and she received 45 women are not as respected as they cil needs a role for women. She noted the current t o l:'e votes when she ran for Mayor. She believed that e in the City. Councilmember O'Donnell s cilmember Dahl has done a wonderful job as Acting Mayor over the last two years. Howe , he believed that providing another individual an opportunity to have that experience is a good i a. He stated he has not noticed any divisiveness on the Council by gender or any other lines in the two years he has served on the Council. He felt the fact that all the incumbents have been re-elected speaks to this very clearly. Therefore, he supported the appointment of Councilmember Reinert as Acting Mayor for 2002. Councilmember Reinert said he was surprised by these concerns. He noted the Acting Mayor simply runs the City Council meetings in the absence of the Mayor. He stated he appreciated the nomination. Regarding his comments during the interviews of the Environmental Board candidates, Councilmember Reinert indicated the statement "embracing development" if taken out of context, could mean a variety of things. He felt the Environmental Board should embrace development in the sense that they should be able to work with what is being developed. He stated development will occur and, if the Environmental Board realizes this, they can be an integral part of the discussions, COUNCIL MINUTES JANUARY 14, 2002 addressing environmental concerns and advising the City Council. He stated he stands by this notion one hundred percent and hopes the City has an Environmental Board that embraces development in that context so they can work with what will be developed in the future and the Council receives good environmental advice from the Board. Councilmember Carlson felt the question was whether the City Council would vote on experience and training. She noted she has attended a great deal of training and is aware of the amount of training received by both Councilmembers Dahl and Reinert. She was also aware that Councilmember Dahl has more experience. She expressed concern for not voting for the woman with more experience. Mayor Bergeson stated the City Charter suggests that the City Council appoint the Acting Mayor. However, the practice has been in the past that the Councilmembers have asked the Mayor for a recommendation and that recommendation has been supported by all the previous Councils. He stated two years ago he had intended to make a recommendatio Councilmember Carlson had nominated Councilmember Dahl that nomination. He indicated, once again, one year ago Counci Councilmember Dahl continue serving as Acting Mayor and that nomination and he had not voiced his opinion. He felt serving as Acting Mayor during both years. ut before he was able to do so, entire Council had supported Carlson had suggested that ntire Council had supported ember Dahl had done a fine job Mayor Bergeson stated when the issue of appoint Mayor for 2002 had been discussed during the work session he had indicated that he e to see Councilmember Reinert appointed to that position. He felt that the position of Ac h_ ' r should be moved around from time to time and he did not feel this issue related to gende . ` e felt the City was well beyond the gender issue and he hoped that in all appointments, the Co s = der -blind. He felt a good example of this was the Environmental Board, which will be 80 cent women in 2002. He stated those Board Members were not appointed becaus = =nder, rather they were appointed because of their excellent credentials. Councilmember Carlson sta i er states that at its first meeting each year the Council shall choose an Acting Mayo o.iss e the office during the disability or absence of the Mayor. She stated the Charter does not giv= e prerogative to the Mayor to decide who should serve as Acting Mayor. Regarding the comment by Mayor Bergeson at the October 17, 2001 Special meeting that the Environmental Board is a sub -board, Councilmember Carlson noted the Planning and Zoning Board consists of one woman and six men, and the EDAC consists of two women and seven men. Mayor Bergeson believed all of those positions had been appointed gender -blind and appointed according to qualifications. Councilmember Reinert felt the issue of gender was a ridiculous topic for the Council to be discussing. He noted the only time this becomes an issue is when you bring it up. 6 COUNCIL MINUTES JANUARY 14, 2002 Councilmember Dahl wished to clarify that the former Mayor stated a preference for the Acting Mayor and the City Council at that time had allowed this, but that doesn't make it right. Mayor Bergeson called for a vote to appoint Councilmember Reinert as acting Mayor for 2002. Mayor Bergeson voted aye. Councilmember Reinert voted aye. Councilmemer O'Donnell voted aye. Councilmember Carlson voted nay. Councilmember Dahl voted nay. Motion passed on a 3-2 vote. Councilmember Carlson moved to approve the Annual Appointments for 2002 of items two through 15 as presented in the staff report. Councilmember O'Donnell seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PEC+tHIA Accept Donation to City of Lino Lakes of $1,000 from Sno-Barons for Snowmobile Equipment, Dave Pecchia - Public Safety Director Pecchia introduced rq e es of the Sno-Barons Snowmobile Association in attendance this evening. Public Safety Director Pecchia advised the Police De utilizing DWI/drug forfeiture funds to patrol the sn Barons organization has graciously donated $1,00. purchase appropriate clothing and equipment f t t recently purchased a snowmobile obiletrails within the community. The Sno- City of Lino Lakes to offset the cost to obile. Public Safety Director Pecchia indicated t;; ent's current needs include snowmobile helmets, snowmobile outfits that would allow ease ". cce to the officer's equipment belt, and emergency equipment for the snowmobile itself. Public Safety Director Pecchia reque� at the City Council accept the donation and publicly thank the Snow -Barons organizati eir _ ous donation. Mayor Bergeson noted the ame' ded agenda had also included the acceptance of a similar donation for use by the Centennial Fire Distrix for Coldwater Rescue Equipment. He indicated this donation will be accepted at a future meeting. A Sno-Baron representative stated for 36 years the Sno-Barons have put on the largest snowmobile event in the world in Columbus Township. He stated the organization has begun to use more of its profits each year to put back into the community, such as monetary donations. He stated Sno-Barons was proud to make this donation to the Lino Lakes Police Department because they believe in the good job the Police Department is doing with snowmobile protection. Councilmember Dahl indicated her husband and two sons attend the Sno-Barons snowmobile events regularly and are extremely impressed by the events. COUNCIL MINUTES JANUARY 14, 2002 Councilmember Dahl moved to accept the donation of $1,000 from the Sno-Barons to defray costs to purchase snowmobile attire/equipment. Councilmember Reinert seconded the motion. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT REPORT, LINDA WAITE SMITH Consideration of Receiving Bids and Awarding Playground Equipment, Clearwater Creek Park, Linda Waite Smith — City Administrator Waite Smith advised on Thursday, December 20, 2001, bids were opened for the Clearwater Creek Park playground equipment project. Three proposals were submitted. The playground equipment proposals were on display at City Hall the week of January 3 — 8, 2002. Neighborhood residents and Park Board Members were invited to review the proposals, make comments, and provide input on the selection of the project. City Administrator Waite Smith indicated that residents overwh Playground Proposal #1. Staff met with the interested residents decisions, such as color selection. Staff feels this proposal ly chose Minnesota/Wisconsin 9, 2002 to make final ell at Clearwater Creek Park. City Administrator Waite Smith advised that current pl.¢ ar stall the playground equipment in April through May with area residents, a certified pla + installer and park maintenance staff The funding for this project is the Outdoor Recreati a !. Gran at the City was awarded in 2001. City Administrator Waite Smith advised City s award Clearwater Creek Playground Equipm amount of $40,000. • ends that the City Council receive bids and • roject to Minnesota/Wisconsin Playground in the Councilmember Carlson moved to re r " and award Clearwater Creek Playground Equipment Project to Minnesota/Wisconsin Pl. o ®iri°yi amount of $40,000. Councilmember O'Donnell seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPM T DEPARTMENT REPORT, MIKE GROCHALA Second Reading, Ordinance 23-01, Moratorium on New Residential Development, Jeff Smyser - City Planner Smyser advised 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. Staff has set up a process for amending the official controls to implement the Plan. A moratorium will protect the City while this is occurring. The proposed Ordinance will prohibit most types of residential development activity in the City for one year. City Planner Smyser noted the City Council approved the first reading of Ordinance 23-01 on December 17, 2001. COUNCIL MINUTES JANUARY 14, 2002 City Planner Smyser reviewed the three main reasons for the moratorium and the scope of the moratorium. He indicated the City is in an awkward position between the old, sketchy Comprehensive Plan and the new Plan. The new Comprehensive Plan establishes numerous policies, such as managing the rate of growth and preserving environmental features through better design, and the current official controls do not provide the means to implement these policies. The moratorium will allow staff and consultants to devote resources to the ordinance project rather than attempting to review new applications using ordinances that may or may not support the Comprehensive Plan. City Planner Smyser indicated the moratorium does not apply to building permits or site plan reviews. Owners of platted lots have a right to build on them. Site plan reviews involve commercial and industrial projects. City Planner Smyser presented the proposed schedule for implementing the moratorium and indicated, if approved this evening, the moratorium would be e would remain effective for one year, until February 21, 2003. City Planner Smyser indicated the Environmental Board rec its November 28, 2001 meeting. The Planning and Zoning moratorium ordinance on December 12, 2001. The Planing 5-1 vote, to approve the ordinance establishing the m recommendation that the City complete the necessa ,. to avoid a need to extend the moratorium. The Eono recommended approval of the moratorium at its tive on February 21, 2002 and approval of the moratorium at onducted a public hearing on the oning Board recommended, on a . The Board included a strong rdn. 'ce revisions within the one-year period nt Development Advisory Committee , 2002 meeting. City Planner Smyser advised City staff re en approval of the second reading of Ordinance 23- 01. City Planner Smyser provided the evening from Peter J. Coyle, Attorne Mr. Coyle had requested th to these minutes. pies of a letter received by City staff earlier this senting Gary Uhde and Century Farm Development, Inc. into the official record. A copy of the letter is attached Councilmember Carlson asked h, w many applications were currently pending and how many homes were involved with those applications. City Planner Smyser stated the City received one plat application last week, which has not yet been reviewed, and may have received another today involving approximately 80 acres. Community Development Director Grochala indicated according to the letter received today from Mr. Coyle, the plat being submitted by Mr. Uhde appeared to involve a total of 169 low-density, single- family residential units on 95 acres. Mayor Bergeson opened the meeting to public comments and stated that because this was not a public hearing comments should be concise. COUNCIL MINUTES JANUARY 14, 2002 Connie Grundhofer, 235 Linda Avenue, stated the City has worked hard on its new Comprehensive Plan and in order to implement the new Plan, the City must develop new ordinances. She believed this process will take some time and the sooner the process can begin the better. For this reason she asked that the proposed moratorium be passed. Matthew Weiland, representing Mr. and Mrs. Cardinal, stated the Cardinals have been working on the development of their property and submitted a plat application today. He felt because this application was in process it should be exempted from the impending moratorium. He indicated the applicants wished to continue working with the City on these development plans. Mr. Coyle indicated late this afternoon he faxed a letter to the City documenting the issues he wished to discuss this evening. He indicated Mr. Uhde was in attendance this evening, as well as his engineering consultant, John Johnson. Mr. Coyle stated he had previously expressed opposition to the p opposition remains the same. He felt the moratorium as propos intent of the moratorium to establish growth control measur only 147 single-family building permits per year, which he sustainable. Mr. Coyle stated as of last Wednesday, Mr. Uhde next phase of the Behm's development. He state processed by City staff. He stated if the City C Mr. Uhde would request that a portion of the terms of the moratorium. He stated Mr. approximately 98 acres Behm's Develo through the zoning and subdivision o ed moratorium and his fair and illegal and the ould allow the issuance of was arbitrary and not legally d a preliminary plat application for the de would like to see that application etermined to proceed with the moratorium, within the proposed project be exempted from the like the ability to proceed with 23 acres of the ition, while City staff is the process of working anges that are the subject of the moratorium decision. Mr. Coyle indicated, by applying t e b ge of the moratorium ordinance literally, he felt that any land currently zoned R-1 or. cove4 by an approved preliminary plat is exempted from the moratorium. With respect to .ro ss ct ea, a total of 9.387 acres meets this definition and should be allowed to go forward. Out is B, C and D, Behm's Development 5th Addition,, are already zoned R-1. Additionally, Lots 13, 14, and 16 of Sunset Oaks (to be replatted with the Behm's Development) are covered by an approved preliminary plat. Mr. Coyle indicated Mr. Uhde further requests that an additional 13.861 acres be exempted from the moratorium due to its compatibility with the underlying nine acres, and its compatibility with the existing, approved and fully developed Behm's development. Mr. Coyle stated if these requests are granted, Mr. Uhde would be committed to working with City staff to ensure the project conforms with the existing ordinances and that in the future the balance of the property not being proposed at this time will conform with whatever form the ordinances may take. 10 COUNCIL MINUTES JANUARY 14, 2002 Mr. Coyle felt this was a proposal that would meet the City part way. He stated this request was fundamentally premised on the idea that Mr. Uhde has invested hundreds of thousands of dollars in readying this property for development. The land areas already developed are contiguous with the property proposed to be exempted and the property is already guided for single-family, low-density development. The property is most likely, under any scenario that would be presented to the City over the next couple of years, to develop in substantially the same manner as proposed in the application submitted last Wednesday. Councilmember Reinert requested confirmation that if the second reading of the ordinance is approved this evening the moratorium would not take effect for 30 days. City Attorney Hawkins stated this was correct. Councilmember Reinert asked if the requests for exemption from the moratorium could be addressed by the City Council within that 30 days even after taking action" Hawkins stated if the Council wished to exempt certain propertie the ordinance would have to be amended to include those exempts against picking out individual parcels and including those i Council had specific reasons why those parcels should be tr property within the City. the moratorium. City Attorney n Section 3, Subparagraph E of e cautioned the Council n of the ordinance, unless the fferently than any other residential Councilmember Reinert requested the City Attorne evening by the two developers' representatives. issue being raised was whether or not the City, created a discriminatory situation. He noted it can differentiate the Village property, w designed to put the City in a better deve not agree with Mr. Coyle's position r opirn ` regarding the comments made this rney Hawkins believed the primary legal ing property it owns for development, has taff report delineated the reasons why the City feels t were legitimate reasons and not ones that were osition than any other developer. He stated he did legality of the proposed moratorium. Councilmember Reinert ex . ressed co moratorium for fear of pote 1 for e City Council not taking action on the proposed He stated he supported the City Attorney's opinion. Mr. Coyle noted the proposedoratorium ordinance identified the exemption of properties with approved preliminary plats and velopment requests of residential subdivisions that result in up to four lots. He felt the City was improperly singling out two categories of residential development. Mr. Coyle noted there have been 10 years of development within the Behm's development and indicated the future development will be consistent with that which has occurred over the last 10 years. He asked that Mr. Uhde be allowed to continue with a scaled-down version of his development plans. City Attorney Hawkins advised State law requires that moratoriums not apply to plats that have received preliminary approval. Additionally, per the staff report, small developments of four lots or less will not create the kind of inconsistencies with the Comprehensive Plan that are likely to occur with larger developments. 11 COUNCIL MINUTES JANUARY 14, 2002 Mayor Bergeson noted Mr. Coyle was suggesting that part of Mr. Uhde's development would already be exempt from the moratorium if the ordinance were passed in its current form. He questioned how the City would determine whether or not this was in fact the case. City Planner Smyser indicated once a project receives preliminary plat approval a final plat application must be allowed. He noted Mr. Coyle had referred to nine acres that had been included in the approved preliminary plat for the Behm's Development 6th Addition as being exempt from the moratorium. He indicated the nine acres are outlots that would require preliminary approval to develop. Additionally, regarding the issuance of MUSA, he indicated the moratorium would apply to all areas not located within the existing MUSA. He added that he had just received the information from Mr. Coyle this evening and has not had an opportunity to determine which areas are within the existing MUSA. Al Robinson, 8299 4th Avenue, stated he has been a businessm years and he believed the proposed moratorium would send a ne He noted there is currently no grocery store in Lino Lakes and h business away. He did not believe it would take the City on when serving on the Planning and Zoning Board, the Board four meetings. He felt the City should be able to update moratorium. the Lino Lakes community for 47 message to business owners. d a moratorium would drive dress its ordinances since, e to update the City ordinances in ces without a one-year • Mr. Robinson noted the number of lots available thi 'me was approximately 400, which meant the City does not have enough inventory. He note . of the Comprehensive Plan was for 147 • residential units per year, which would mean; . City only has enough inventory at this time for less than three years worth of residential devel There was no one else present who w eak, and Mayor Bergeson closed the meeting to public comment. Councilmember O'Donnell _ d c, . ;� ation of whether the number of pending preliminary plats referred to earlier inclu. ~ os at ave been approved or simply to those that have been submitted for review. City P1 `t er Smyser stated the number referred to earlier was for the number of new preliminary plats receive y the City. He indicated the City has received two new applications which have not yet been reviewed by Staff. Councilmember O'Donnell clarified the proposed moratorium is not intended to control growth, rather the only way City staff would be able to focus on developing new ordinances to implement the new Comprehensive Plan was if their time is redirected from plat review and working with developers to developing those ordinances. He stated he respected staff's opinion that this was the only way to effectively perform this work. He did not believe any of the Councilmembers wish to enact a moratorium and noted the Council has discussed this issue in many work sessions. He felt the issue at this point was where to draw the line and determine what properties should be exempted from the moratorium. He questioned whether it would make sense to also include in the list of exempted developments the plats that have already been received by the City but have not received preliminary approval. 12 • COUNCIL MINUTES JANUARY 14, 2002 City Planner Smyser felt that this would eliminate a number of purposes of the proposed ordinance. He indicated allowing the recently received plats to be exempted from the ordinance would distract staff from efficiently working on the necessary ordinances to implement the Comprehensive Plan. Additionally, the current ordinances will not implement the new Comprehensive Plan and, in order to do so, staff must revise the official controls. Therefore, he believed staff's view would be that exempting these plat applications would be defeating the purpose of the moratorium. He noted many other developers had recently questioned whether they should submit preliminary plat applications and were told, while they could summit their applications, their plats would not receive approval prior to the effective date of the moratorium. He felt it would be unfair to those developers to allow the recently submitted plats to be exempt from the moratorium. Mayor Bergeson noted over the next couple of years there will be a number of new homes constructed within the City, some under the old rules and some under the nles. He felt it will take at least one to two years before all new construction will be under the ne es. He felt the issue at hand was interpreting where the old rules end and where the new one Councilmember Carlson suggested that the Council address ` concern that there is currently not enough housing inventory in the City. City Planner Smys • b wed Mr. Robinson was referring to the goal of the new Comprehensive Plan to maintain .. ` tory of three years at approximately 147 new lots per year. He indicated the City currently ..pro g; mately 400 lots in inventory at this time. He noted in order to implement this goal, c g ust be in place. He noted one primary reason for the moratorium was the concern ov ., .. e or not the new Comprehensive Plan is in effect and can be used as a guide. He believ . e City currently has enough inventory for nearly three years of residential development an rdinances will be in effect well before that time. Councilmember Carlson asked whe received prior to this evening to m also under consideration at this time, last meeting. However, she this opportunity. cil would have any basis to allow the applications he noted Mr. Vaughn's development project was been reviewed by the Planning and Zoning Board at their 'be difficulty if other developers feel they did not have Community Development Direc r Grochala clarified that staff did not tell any developers to not make application at this time; rather they had been informed of the process, the proposed moratorium and its purpose. Community Development Director Grochala stated he could foresee problems with pursuing the exemption of the recently submitted plat applications. He questioned whether the City Council would be willing to approve two plats consisting of approximately 260 lots for development based on the existing rules. He indicated if the plats were consistent with the existing rules, Staff would have no basis to recommend denial. Additionally, the City does not have MUSA available at this time to allocate to the two subject plats. Community Development Director Grochala stated the City has worked a number of years on the new Comprehensive Plan and the 20-20 vision process and a new Plan has been developed. He stated 13 COUNCIL MINUTES JANUARY 14, 2002 staff was attempting to protect the planning process and ensure the goals and policies in the new Comprehensive Plan are carried out with all future development. He stated enacting a moratorium will allow staff to do this and will ensure there are no questions about whether or not the new regulations are being applied. Community Development Director Grochala stated the primary concern for staff was whether the Council would be comfortable with the possibility of approving the two subdivisions based on the existing ordinances. He acknowledged it would not be impossible for staff to review the two applications in conjunction with working on the new ordinances. Councilmember Reinert noted another issue was the fact that the City does not have MUSA available at this time. He indicated the current plats before the City require MUSA and, even if they met the current ordinances, they could not be granted approval because there is no MUSA available. Community Development Director Grochala concurred. Councilmember O'Donnell believed, even though the City curre hope would be that if the developers would be allowed to m applications, the City would have MUSA available once th Metropolitan Council. o MUSA available, the with their preliminary plat ehensive Plan is approved by the Councilmember Reinert stated if MUSA were to b + e av:i`lable in the near future to apply to the plats, then this would change his understanding o the y's position at this time. Community Development Director Grochalaained that once the Comprehensive Plan review is completed by Metropolitan Council and th ;Fomes effective, then MUSA would become available to allocate. Therefore, it may . oss le that within two months the City may have available the 359 acres of MUSA tha4` equested. Councilmember Carlson noted prope ently located in a MUSA area could request approval for development. Addition. ec ' 'n the past instances where MUSA exchanges have occurred. City Planner Smys== . the e is a possibility of MUSA exchange. He indicated this would be at the sole discretion ® the City Council and is rarely done. City Administrator Waite Smith stated the only MUSA exchange that has occurred involved the VFW, who owned both parcels of land. Mayor Bergeson called for a motion on the second reading of Ordinance 23-01. Councilmember O'Donnell moved to approve the SECOND reading of Ordinance 23-01, Interim Ordinance Establishing a Moratorium on Residential Development, as presented. Councilmember Carlson seconded the motion. Councilmember O'Donnell moved to amend the motion providing that Section 3E(1) of the ordinance be amended to include an exemption to the moratorium for preliminary plats which have been 14 COUNCIL MINUTES JANUARY 14, 2002 submitted to the City for review prior to the effective date of the moratorium. Councilmember Reinert seconded the motion. Councilmember Reinert questioned how many plats this amendment would affect. Community Development Director Grochala stated this would depend upon the proposed cut-off date for plat application submittals. Councilmember O'Donnell indicated his intent was for the cut-off date to be the effective date of the moratorium. He acknowledged this could open the City to receiving more plat applications before the effective date and suggested that this date be discussed and amended if necessary. Mayor Bergeson suggested the cut-off date be the date of adoption of the second reading of the ordinance by the Council. Councilmember Reinert agreed since his intent was to allow o been submitted to be exempted from the moratorium. Councilmember Reinert moved to amend the proposed ame proposed under Section 3E(1) of the ordinance be limited t City prior to adoption of the second reading of the ordin O'Donnell seconded the motion. Councilmember Carlson requested a legal opinio challenges from other parties to this motion. Ci the right to allow the moratorium to apply to He stated providing the Council chooses another, such as the effective date of the would be defensible. ose applications that have already viding that the exemption reliminary plats submitted to the Council. Councilmember ff's opinion on whether there would be ey Hawkins indicated the City Council has hing that has not received preliminary plat approval. oes not specifically benefit one person over of the ordinances as proposed, he believed this Community Development Director - ._ a expressed concern for the developers that this exemption would apply to. He noted ee onsistency in how the City approves or denies plats, indicating that some plats ha =ane ou_ quickly while others have taken as long as one, two or even three years. He was conc ed that the developers that the exemption would apply to would be caught between existing ordinan -s and meeting those requirements, as well as perhaps being forced or requested to meet ordinance requirements the City may or may not have developed. He noted there would be no guarantee that if the plats meet all the current requirements, the City will approve the plats since there are impending changes to some of the requirements. Community Development Director Grochala noted there was a concern regarding the perception of a moratorium and he personally felt if the situation he just proposed happens, which he was nearly certain will happen, the impact on the perception would be much worse than simply moving forward with the moratorium as originally proposed. Councilmember Reinert noted the motion did not guarantee approval of the preliminary plats. Community Development Director Grochala was concerned that the developers would move forward anticipating that their plats will be considered for approval under the current zoning and subdivision 15 COUNCIL MINUTES JANUARY 14, 2002 ordinances. He reiterated if the plats meet those ordinance requirements, then the City would be in the position of approving those developments. He did not feel the plats should be allowed to move forward if it was likely they would not be approved. Councilmember Carlson questioned whether it would be possible to allow the three applications currently before the City to move forward providing they meet the new ordinances. Community Development Director Grochala noted the City does not at this point know what the new ordinance requirements will be. He believed the developers were asking to proceed with the current ordinance requirements and staff would not at this time be able to review the plats based on the new Comprehensive Plan. He felt there could be a verbal agreement from the developers to comply with the new ordinance regulations but he was not certain the City could ask for this type of agreement when the new regulations are unknown. Mayor Bergeson believed the Vaughn development would not already been reviewed by the Planning and Zoning Board and wi effective date of the moratorium. However, he noted one issue with the Vaughn development was the number of lots propo made to the development, how the City would determine at application would have to be made and how to apply eit requirements. to these concerns since it has Community Development Director Grochala beli Vaughn development prior to the effective date were to fail at that time and a new applicatio City Attorney Hawkins stated if the Co submitted a new plat that was subst application. He believed if the dev may be possible to reconsider the substantial. efore the Council prior to the ing and Zoning Board had estioned, if changes were int in the process a new ordinance requirements or the old City has an opportunity to act on the ratorium. However, if the development s submitted, it would be subject to the moratorium. ed the Vaughn development and Mr. Vaughn then erent than the original, he would have to file a new enied due to a slight dislike of the configuration it ent under the existing application if the changes were not Councilmember Carlson asked ow the moratorium would affect the Vaughn application if the application were tabled by the C cil. City Attorney Hawkins stated if the proposed action this evening was to allow plats that have been filed to move forward until they are denied, then the Vaughn development would still be an open application even if tabled. Councilmember Reinert requested clarification if the plats received to date were allowed to move forward could they be considered beyond the effective date of the moratorium. City Attorney Hawkins clarified that any preliminary plats falling under this exemption could then go forward in the process until they were either approved or denied. Councilmember Carlson expressed concern whether the Council could hold the recently received plats to the new ordinances if they were exempted from the moratorium. City Attorney Hawkins stated those plats would have the right to be judged under the existing ordinances. 16 COUNCIL MINUTES JANUARY 14, 2002 Councilmember Carlson noted that the 287 lots involved in the two plats could all be constructed at one time. She stated she would prefer to hold the two developments to the new Comprehensive Plan since approving the plats under the existing ordinance would not uphold the goals of the new Plan. Community Development Director Grochala stated the Council could potentially be considering preliminary plat approval on both developments in March and final plat approval in April and construction could potentially begin in May. He stated requiring the developers to adhere to the new Comprehensive Plan could only be done through negotiations. City Attorney Hawkins stated that although the developers have filed for preliminary plat approval, this did not mean the City cannot change the rules between now and the end of 12 months and make those rules apply to the plats. He did not believe that allowing the plats to move forward would give the developers a vested right to continue under the existing regulations if new regulations are adopted. However, he noted if the developers proceed diligently and rec ;• final plat approval prior to the adoption of the new regulations then the City would have no abilE o require them to phase the developments. Councilmember Dahl wished to reach a compromise in this 'tiatin. She wondered if exempting the two plat applications would give an unfair advantage to t :velopers who submitted their applications under the wire. She noted staff has been • ;® ing prospective developers of the impending moratorium, who chose to not pursue the ..p i'`:tions. She noted Mr. Coyle had been focusing in the work session on the limitation of =47 h. . es per year and it was her understanding that the intent was to submit applications that woul . 'ceder that limit after the new ordinances are in effect. Councilmember Dahl stated she had wo Planning and Zoning Board and she be undertaken by staff will be to e which she believed will take even m situation and questioned wh as they become effective. he updating of ordinances when serving on the ype of work takes time. She noted the work that will ces comply with the new Comprehensive Plan, rt and time. She stated she would prefer a win-win ers would be willing to agree to meet the new ordinances City Attorney Hawkins stated th developers could agree to comply with the new ordinances as they are approved but he suspected that they would not make such an agreement. He believed the reason the developers had submitted their applications now was so they would be considered under the existing ordinances. He noted neither the developers or the City know what the new ordinances will be and he felt it would be unrealistic to expect the developers to agree to comply with them. Mr. Coyle noted the original plat submitted last Wednesday encompassed 169 residential units on 95 acres and he had offered a proposal this evening to phase the development and begin with the development of 25 acres under the existing ordinances and defer the balance of the application. He stated this would allow Mr. Uhde to keep moving forward with the development of his property that is most contiguous to the property already developed, and to utilize the infrastructure already paid for and in place. 17 COUNCIL MINUTES JANUARY 14, 2002 Councilmember O'Donnell requested clarification of whether staff told developers to not submit applications due to the impending moratorium. City Planner Smyser indicated he had told developers they could submit their applications, but that it was unlikely approval could occur before the proposed moratorium was in place. Mr. Weiland stated he was willing to work with staff to produce a high quality residential development. He indicated his intent was for the development to be reviewed based on the existing ordinances; however, he was willing to phase the development in order to meet the goals of the new Comprehensive Plan. Councilmember Carlson stated she respected Community Developer Director Grochala's point of view and she asked if a commitment from the developers to phase their developments would change his opinion. Community Development Director Grochala stated staff could re under the existing ordinances; however, he did not feel this was the Council would be willing to approve the plats based on t they should not allow the applications to proceed. Councilmember Carlson asked if there was a signific the new Comprehensive Plan. Community Develo concern. the development proposals dea. He questioned whether ordinances and, if not, he felt rence between the plats and the intent of ector Grochala stated this may be a Councilmember Reinert believed some of th prehension regarding the two plats was the size of the proposed developments. He noted Mr. C • fered to move forward with only 25 acres at this time, which he felt would make it easier vot-'yes" on the proposed amendment of Section 3E(1) of the ordinance. He felt the phasin_ o developments may be a "win-win" situation. He noted the 25 acres of the Uhde dev pm w • y i be under the existing ordinances and the remainder would be under the new r ents. He asked Councilmember Carlson if this would alleviate some of her conce ```" • ci ber Carlson responded affirmatively, however, she stated the new ordinances must be ce "or o the expiration of the moratorium, even if this costs the City additional money in consu Mayor Bergeson stated one difficulty he was having was with the fact that the new ordinance requirements were unknown at this time. However, he noted per the new Comprehensive Plan one requirement will be the phasing of larger developments. He stated if the proposed amendment to the ordinance is approved, he would support it, including the phasing of the developments. Mayor Bergeson called for a vote on Councilmember Reinert's amendment to the amendment on the motion. Motion carried unanimously. Councilmember Carlson suggested requiring the phasing as an amendment to the amended motion. City Attorney Hawkins felt this would be unworkable and unenforceable. 18 COUNCIL MINUTES JANUARY 14, 2002 Councilmember Dahl stated she would be willing to vote in favor of the amended ordinance if phasing requirements were included. Councilmember Carlson noted both developers in attendance this evening have agreed to the phasing of their developments. City Attorney Hawkins noted Mr. Coyle has asked that 25 acres of the Uhde development be exempted from the moratorium and that the rest would be subject to the new regulations. He stated he would prefer the ordinance be amended to allow plats of up to 25 acres submitted by the established deadline to be exempted from the moratorium and the rest of the applications be withdrawn. He stated if the Council were to simply require the remainder of the applications to comply with the new regulations he was not certain this would be legally enforceable. Mayor Bergeson expressed concern for requiring the developers to withdraw their applications and reapply with a different number of acres. He noted if the amen- ordinance was approved this evening, this would not allow this opportunity. City Attorney Hams indicated the developers could amend their plats without being required to submit new aplicat s. Community Development Director Grochala suggested the qvitiric b allow either the complete applications to move forward as submitted or not allow any p r $` s of the applications to move forward. He felt there would be problems with amen tithe applications since he prefers sites to be master planned versus piece-mealed together. Community Development Director Grochala net residential developments per year would appl. not in effect yet. He questioned, if the Co. acres, would those acres apply to that g want to be back before the Council i due to some issue that was not cl as an issue of how the goal of 147 these developments if the Comprehensive Plan is ed the developers to move forward with 25 it these issues must be clarified and he would not ee months recommending denial of the applications Councilmember Carlson no received as of the adoption o Grochala stated if the Council applications stand as submitted. approved to amend the ordinance allowing the plats anc to move forward. Community Development Director roves the ordinance as amended, he would recommend that the Councilmember Carlson noted the new Comprehensive Plan discusses phasing large developments and the plats that would be covered by the amended ordinance include a total of 288 units. She believed the Council and the developers were in agreement with the phasing of those developments and asked how this can be accomplished for this year. Mayor Bergeson suggested that the new exemption in the ordinance be amended to limit the number of units or acres that can be developed in one year under that exemption. Mr. Coyle stated the preliminary plat submitted last Wednesday included a five phase process, which would begin with the requested 25 acres. He suggested that Mr. Weiland make this same type of commitment as well. 19 COUNCIL MINUTES JANUARY 14, 2002 Mr. Weiland stated he had anticipated phasing the development and would be willing to amend the preliminary plat to reflect that. City Attorney Hawkins stated he concurred with Community Development Director Grochala in that the Council should allow the preliminary plats allowed under the exemption to move forward as submitted noting that the developers have committed to the phasing of the developments. Mayor Bergeson believed submitting a phasing plan subsequent to this evening's meeting would not be an amendment to the preliminary plat applications, rather it would be new information provided for the benefit of the City. City Engineer Powell noted there may be an impression that the Behm's development has invested disproportionately in the utility system, which he indicated wa the case. City Engineer Powell expressed concern that the Council was di the phasing of plats that City staff has not yet reviewed to en Reinert stated it was clear there was no guarantee the plats City Planner Smyser respond to the issues being raised. detailed information, such as eteness. Councilmember ceive approval. He asked that City Planner Smyser stated all the questions raised _' eve g had been discussed by staff over the last six months. He stated that an ordinance had e` en s eloped that would do everything staff had been told was wanted. Now he felt the processva • . ' 'g a completely different direction and he did not know how to respond at this point. He st the he concurred with Community Development Director Grochala's earlier comments. Councilmember Carlson asked Co .. '"elopment Director Grochala if he had any suggestions on how to work out the concerns o ing ale to work with this situation. Community Development roc stated he was not necessarily concerned with staff having to review the recently 1. d pre iminary plats. However, he was concerned with the Environmental Board, the PI ng and Zoning Board and the City Council being able to deal with this situation. He stated the two ; plicants that recently submitted plats will expect a review from staff based on the existing ordinances, which they will receive. He anticipated that both plats would be in conformance with the existing ordinances and the next step would be the recommendation from staff that the plats be approved. He noted there will be issues with MUSA but indicated the applications could be tabled until there was MUSA available to allocate. He added the plats will be reviewed by the Environmental Board and he was not certain whether the developments will impact wetlands or include the buffers mentioned in the Comprehensive Plan. He cautioned that all reviews and recommendations will have to be made based on the ordinances currently in place and he was concerned with the recommendations being carried through from the Environmental Board and Planning and Zoning Board to the City Council. • Mayor Bergeson stated the Council has been approving plats for a long time under the current regulations and he believed very nice developments have resulted. He felt the City should be proud of • 20 COUNCIL MINUTES JANUARY 14, 2002 those developments and, although the new regulations may be better, he did not have problems with the quality of the developments that have been approved. Councilmember O'Donnell stated he understood staff's concerns, but he supported Mayor Bergeson's comments. He did not feel the amendment changed the spirit of the moratorium ordinance or the direction to staff to complete the new ordinances. Councilmember Reinert stated he has the utmost confidence in the ability of City staff to review the plats and forward them correctly to the Council. He noted both applicants have agreed to the phasing of the developments. Councilmember Dahl requested a clarification of the proposed phasing. She noted Mr. Coyle had offered to begin with 25 acres, which would be one-third of the originally proposed development. Mayor Bergeson stated phasing requirements had not been inclu rather the developers have verbally agreed to the phasing of the Mr. Weiland anticipated his development would be phased him to determine the exact amount of acreage involved i best to master plan this type of development and he wi most sense. The Council clarified that the motion now on Ordinance No. 23-01, calling for a moratori language as proposed by Councilmember enumerated under Section 3E(1) of the been submitted to the City for review the City Council, to proceed forw the ordinance amendment, q ments. tages, although it was difficult for se at this time. He agreed that it is to determine which stages will make the s for the adoption of the second reading of new residential development, with the amended providing for an addition to the exemptions e, which would allow preliminary plats which had ption of second reading of Ordinance No. 23-01 by s until the plats were either approved or denied. Mayor Bergeson stated he h ; : an 's opinion since the last City Council meeting and he intended to vote against the p ora`torium ordinance. He believed the moratorium would send the wrong message to the busin s community that the City is shutting down for business and he preferred to encourage business. Mayor Bergeson added he heard the legal arguments but believed the Council has the right to implement a moratorium. However, in this case he believed the rules before the moratorium and after the moratorium will be significantly different and this makes it more difficult to defend having a moratorium. He felt the changes will be much more substantial than those made during most moratoriums. Councilmember Carlson commented that the current Council has significant differences in views and she felt all the Councilmembers respect each other's views and attempt to reach a consensus. She felt this was evident tonight with the agreement the Council came to regarding the proposed moratorium ordinance. She acknowledged that the decisions made this evening will cause some concerns for City staff but she was pleased the Council was able to reach an agreement and move forward. 21 COUNCIL MINUTES JANUARY 14, 2002 Councilmember Reinert stated he had originally been opposed to the moratorium due to concerns about continuing momentum in the City. He noted the City recently approved the Target/Kohl's development and that there has been some damage to the City's reputation in the past. He stated after staff explained the necessity of the moratorium to protect the City and realize the vision of the Comprehensive Plan, he understood and supported the moratorium in order to get the necessary ordinances in place. Councilmember Reinert stated at the last City Council meeting he had voted against the first reading of the Ordinance, not because he opposed the moratorium, but because the process that would be followed by staff was not in place at that time. He stated during the last Council work session a very thoughtful process had been presented and he was confident that staff will keep on schedule. He stated he would now support the moratorium because he was fairly confident the Council not only has a way into the moratorium, but more importantly a way of out th oratorium. Vote on the motion to approve SECOND reading of Ordinance Councilmember Reinert: Councilmember Carlson voted ye Councilmember Dahl voted yea. Councilmember Reinert v Motion carried on a vote of four to one. Ordinance No. 23-01 can be found in the City Cly • ce. Mayor Bergeson called for a recess at 9:55 p. � The meeting was reconvened at 10:04 p.m. Consideration of Resolution 02-03, Es lish' g the Development Regulations Task Force (DRTF), Michael Grochala— Coy- lopment Director Grochala advised staff is proposing to establish a Task Force with the •. •os f r ewing ordinance modifications necessary to implement the Comprehensive Plan • + the expiration of the moratorium. The proposed Task Force would be comprised cilmember, who would serve as the Chairperson, and two members from each of the fo - ng oars/committees: as amended by ember O'Donnell voted yea. Mayor Bergeson voted nay. 1. Economic Developm t Advisory Committee 2. Environmental Board 3. Planning and Zoning Board Community Development Director Grochala indicated the Park Board, while not represented on the Task Force, would serve as a resource in matters that pertain to park, trail and greenway development. Community Development Director Grochala indicated staff has also created bylaws that would govern the activities of the Task Force and establish the following: 1. Name of the Task Force 2. Purpose and Policy 3. Structure and Organization 22 COUNCIL MINUTES JANUARY 14, 2002 4. Officers 5. Meetings 6. Sunset Date Community Development Director Grochala advised attached to the Resolution establishing the Task Force were the updated bylaws based on the discussion at the last City Council work session. He noted the reference on the cover page to Article V, Section 5 should be corrected to Article III, Section 5. Community Development Director Grochala advised staff is recommending approval of Resolution 02-03, establishing the Development Regulations Task Force and adopting the proposed bylaws in an effort to insure the timely completion of the ordinance review process. Councilmember Carlson asked if the Council would take form .y3 ,9 tion on the Board Members appointed to serve on the Task Force. Community Development ctor Grochala suggested that the appointments be clarified during the first Task Force meeting on anu: $ ; 31, 2002. Councilmember Carlson questioned whether a formal vote ldy.e taken by the Council on the appointments. Mayor Bergeson noted the Task Force me be ' 1 not be taking formal action on the ordinances, therefore, he believed the Council co . i . ' .ly confirm the appointments after the first Task Force meeting. Community Developme , 'rec . noted the action requested this evening was for the Council to adopt a Resolution establi 'ng' Task Force, including the bylaws which establish the make up of the Task Force. Councilmember Carlson asked if the Tas ce tings will be televised. Community Development Director Grochala anticip . - , the ask Force meetings would be held in the Community Room to allow more roue• ..a' ®iscussions. Councilmember Carlson preferred th. - • ents have the opportunity to watch the Task Force meetings on cable televisio :x Q .• uni velopment Director Grochala preferred a more informal setting for the meetings. Mayor Bergeson asked if minute will be taken at the meetings. Community Development Director Grochala stated reports will be generated after each meeting. Councilmember Carlson asked if a voice recording would be made for future review if necessary. Community Development Director Grochala had not anticipated voice tapes being made and suggested that more formal minutes be taken at the meetings. Councilmember Reinert stated he supported minute taking at the Task Force meetings but not the televising of the meetings. He felt having meetings televised tends to encourage show -boating and grandstanding, which he hoped would be kept to a minimum. Mayor Bergeson requested that the Task Force meeting dates be included on the Community Calendar. 23 COUNCIL MINUTES JANUARY 14, 2002 Councilmember Dahl noted there had been a request to televise the Comprehensive Plan Task Force meetings since the results of those meetings would effect the entire community. She felt televising the Development Regulations Task Force meetings may or may not be a good idea and she was willing to support the rest of the Council's wishes. Councilmember Reinert moved to adopt Resolution No. 02-03, establishing the Development Regulations Task Force and adopting its bylaws. Councilmember Dahl seconded the motion. Councilmember Carlson noted Article VI of the bylaws indicated the Task Force shall terminate on November 30, 2002, or by simple majority vote of the City Council. She noted the Council would like to see the ordinance work completed before November 30th if possible and suggested Article VI be amended to state the DRTF shall complete all revisions and terminate on or before November 30, 2002, or by simple majority vote of the City Council. She felt would put more emphasis on the desire to complete the Task Force work as soon as possible. Councilmembers Reinert and Dahl concurred with this ame a Development Regulations Task Force bylaws. Motion carried unanimously. Resolution No. 02-03 can be found in the City Cl k'scffice. PUBLIC HEARING, Consider First Re Accepting New Easement, Lot 1, Block Smyser advised two actions approved b recently during the sale of the prope This lot was involved in an extrem immediate concern is resolving two ad' of Ordinance 01-02, Vacating Easement and Addition No. 3, Jeff Smyser — City Planner years ago were never officially recorded. This arose ract company has asked the City to resolve the issue. series of events going back several decades. The nt issues on this lot. City Planner Smyser indicate f b a e .f a legal settlement between the City and a developer in 1989, the intent was to vacate p oftheeasements on Lot 1, Block 10. This was done to accommodate the placement of • ome closer to the front and side lot lines than would have been allowed under the ordinances in effect at that time. In order to make the lot buildable, it was necessary to vacate the easements and grant setback variances. The City Council, in 1989, approved the necessary easement vacations and setback variances. Subsequently, a house was built on the lot according to the reduced setbacks, however, the easement vacation was never recorded. City Planner Smyser indicated, in addition to the partial vacation of the lot line easements, a separate drainage and utility easement covering a large portion of the back of the lot was to be dedicated to the City to cover a wet area. This easement was never recorded either and the City has received a new easement grant document from the current owner. The City should accept this easement so it can be recorded. 24 • • COUNCIL MINUTES JANUARY 14, 2002 City Planner Smyser indicated the adoption of Ordinance No. 01-02 will accept the easement over the wet area and vacate the lot line easements as approved by the City in 1989. According to the City Charter, the vacation of an easement requires an ordinance. Accepting the other easement does not require an ordinance, but staff has incorporated this action into the proposed ordinance to simplify it all into one action and one document. City Planner Smyser advised staff recommends approval of the first reading of Ordinance No. 01-02. Mayor Bergeson opened the public hearing at 10:23 p.m. Councilmember O'Donnell moved to close the public hearing at 10:24 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. Councilmember Dahl moved to approve the FIRST reading of and Accepting New Easement, Lot 1, Block 10, Lakes Addi yi Reinert seconded the motion. inart 01-02, Vacating Easement as presented. Councilmember Councilmember Carlson voted yea. Councilmember ' ell voted yea. Councilmember Dahl voted yea. Councilmember Reinert voted yea. Ma � erg.n voted yea. Motion carried unanimously. Ordinance No. 01-02 can be found in the .d s office. Consideration of Resolution 02-04 — City Engineer Powell advised on and property owners on Marshan L sewer and water service. T intersection of Lake Drive an Town the Marshan Lane Feasibility Study, John Powell er 2001, the City received a petition from residents of Lake Drive, for preparation of a report on sanitary er and water main are close to the project area at the ent-r Parkway. City Engineer Powell indicated ."'the October 8, 2001, City Council meeting, the study was ordered to address, on a preliminary basis, design, cost, assessment, schedule and other issues as they relate to providing City utility service to this area. City Engineer Powell indicated the only City Council action requested this evening was to receive the feasibility report. This information will be forwarded to the interested parties for their determination as to whether or not they want to continue with the public improvement process. City Engineer Powell advised staff recommends that Resolution No. 02-04 be adopted. Councilmember Reinert moved to approve Resolution No. 02-04, Receive Feasibility Study for the Marshan Lane Utility Improvements. Councilmember Carlson seconded the motion. 25 COUNCIL MINUTES JANUARY 14, 2002 Motion passed unanimously. Resolution No. 02-04 can be found in the City Clerk's office. UNFINISHED BUSINESS CONSIDER APPROVAL OF MEETING MINUTES, December 5, 2001, Council Work Session Minutes and December 12, 2001, Council Work Session Minutes. Councilmember O'Donnell moved to approve the December 5, 2001, Council Work Session Minutes and the December 12, 2001, Council Work Session Minutes, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. NEW BUSINESS There was no new business to consider. COMMUNITY CALENDAR JANUARY 15 THR G JANUARY 30 2002: Monday, January 21, 2002, City Hall Closed i �;rOb ance of Martin Luther King Jr. Day Wednesday, January 23, 2002, 5:30 p.m., cil Work Session Monday, January 28, 2002, 6:30 p.m. ;: uncil meeting Wednesday, January 30, 2002, 6: p. E onmental Board Meeting ADJOURN There being no further business Councilmember Dahl moved to adjourn at 10:29 p.m. Councilmember O'Donnell Seco ed the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, February 11, 2002. Transcribed by: 26 Berges(n, Mayor COUNCIL MINUTES JANUARY 14, 2002 Lori Rolfson TimeSaver Off Site Secretarial, Inc. 27