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HomeMy WebLinkAbout10/09/2002 Council Minutes• CITY COUNCIL WORK SESSION OCTOBER 9, 2002 APPROVED CITY OF LINO LAKES MINUTES DATE : October 9, 2002 TIME STARTED : 5:33 p.m. TIME ENDED : 8:50 p.m. MEMBERS PRESENT : Council Member Dahl, Carlson, O'Donnell, Reinert and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Community Development Director, Michael Grochala; City Planner, Jeff Smyser (part); Environmental Specialist, Marty Asleson (part); and City Clerk, Ann Blair (part) TURTLEMAN TRIATHLON REPORT AND DONATION, DIANE SOUCHERAY Ms. Diane Soucheray came forward and distributed and reviewed information on the 20th Annual Turtleman Triathlon noting that the race has come through Lino Lakes for the past 20 years. A donation from the Turtleman Triathlon will be made to the Lino Lakes Police Department on Monday night. Mayor Bergeson asked if this year's route would be the same as last year. Ms. Soucheray stated the exact route is up for debate. There were some traffic issues last year within the City of Lino Lakes. Any changes to the route will involve the Ramsey County Sheriff and the Lino Lakes Police Department. Councilmember Carlson inquired about the amount of the donation for 2003. Ms. Soucheray stated the donation amount in 2002 is $1,800.00. The donation in 2003 may increase or stay about the same. Year 2002 was the first time the Turtleman Triathlon made a donation to the Lino Lakes Police Department. EAGLEBROOK CHURCH EAW, DISTRIBUTION FOR PUBLIC COMMENT, JEFF SMYSER City Planner Smyser distributed a draft of the Eagle Brook Church Environmental Assessment Worksheet. Staff will be asking for approval to distribute the document for public comment on Monday night. Staff is comfortable with the document and are recommending it be distributed. All comments will be documented and the City will determine if an Environmental Impact Statement (EIS) is necessary. Mayor Bergeson inquired about the timeline for public comments asking how much time • will be needed to process the comments. City Planner Smyser stated the time necessary • CITY COUNCIL WORK SESSION OCTOBER 9, 2002 APPROVED to process the comments would depend on the comments. It may take longer to resolve any larger outstanding issues in relation to the EAW. Mayor Bergeson noted that the City has an accelerated calendar in December. City Planner Smyser advised the determination of an EIS will more likely be in January but it does depend on the comments received. Approving the EAW does not in any way imply approval of the project. Councilmember Dahl inquired about the original document and the changes that were made to the draft document. She indicated she does not ever remember having to distribute an EAW. City Planner Smyser stated the original document was incomplete and the EAW process is an ongoing process until all information is gathered. Distributing the EAW was also approved by the Council for the Ryan project. Councilmember Carlson referred to a newspaper article and advised she had requested a copy of the draft EAW and was refused. She stated she is requesting the draft EAW again at this time. City Administrator Waite Smith advised it is not the Council's responsibility to evaluate the EAW. Councilmember Carlson stated she has requested information she is entitled to under the law and she has not yet received it. City Administrator Waite Smith stated the Council is welcome to the incomplete document but staff does not understand the purpose of reviewing incomplete information. Councilmember Carlson stated she wants to address one point, legal, and quoted State Statute. Staff indicated a copy of the original document would be distributed to the Council. Councilmember Reinert asked if there are any red flags in the report. City Planner Smyser stated that depending on your perspective, the big issues are traffic and possibly storm water. Mayor Bergeson confirmed with the representatives from the Church that the EAW is complete and ready to distribute. This item will appear on the regular Council agenda Monday, October 14, 2002, 6:30 p.m. DRAFT SUBDIVISION ORDINANCE, JEFF SMYSER City Planner Smyser advised that at the last meeting a memo was distributed regarding the Draft Subdivision Ordinance Summary. He reviewed the contents of the Draft CITY COUNCIL WORK SESSION OCTOBER 9, 2002 APPROVED Subdivision Ordinance noting the preliminary plat section is one of the most important sections. There is still the question of what the determining factor will be in relation to the phasing plan. Councilmember O'Donnell suggested using the same requirements of the Certificate of Occupancy as the determining factor. City Planner Smyser stated those requirements could be used but builder's requirements are separate from the developer. The City should not hold the developer back because the builder has not met all his requirements. Councilmember Reinert stated that somehow the City has to tie the two together to resolve the anticipated problems. He stated he believes that the City needs some type of control that is not overly restrictive. Councilmember Carlson asked if the Planning and Zoning Board has reviewed the Draft Subdivision Ordinance. City Planner Smyser stated the Planning and Zoning Board has reviewed the document, held the public hearing and recommended approval. Mayor Bergeson stated special meetings need to be scheduled to further discuss the Draft Subdivision Ordinance and the Growth Management Policy. City Planner Smyser advised that staff is also recommending minor subdivisions be an administrative approval or denial and not go through the Planning and Zoning Board and Council. Residents that are denied can appeal to the Council. The Draft Subdivision Ordinance will be discussed further at a special Council work session. LINDAHL VARIANCE, MICHAEL GROCHALA Community Development Director advised Mr. Lindahl is proposing a minor subdivision on his eleven acre parcel. He reviewed the lot requirements noting there are conflicting requirements in the ordinance. The one acre lot requirement has no dimensions and the City will have to correct that issue. Community Development Director Grochala advised staff is concerned about this subdivision because Mr. Lindahl can not meet the 330 feet on both sides, which is the reason for the variance. However, staff can satisfy the Findings of Fact to support the variance. It was the consensus of the Council to direct staff to move forward with the variance to be supported by Findings of Fact. This item will appear on the regular Council agenda Monday, October 14, 2002, 6:30 p.m. ENVIRONMENTAL BOARD GOALS, ROD KUKONEN 3 CITY COUNCIL WORK SESSION OCTOBER 9, 2002 APPROVED Mr. Kukonen distributed and reviewed the 2003 Environmental Board Goals noting the Board would like to met with the Council and all City Boards. The discussion would include ways to obtain dedication fees from development and/or the City to preserve open space. City Administrator Waite Smith stated the deadline for the City newsletter is very soon. She suggested the goals be printed in the City newsletter. Councilmember Reinert asked what the Board is currently doing in the schools. Environmental Specialist Asleson advised the Board does tree plantings, is involved with Arbor Day and Earth Day. Mayor Bergeson suggested environmental information be put on the City's website. This item will appear on the regular Council agenda Monday, October 28, 2002, 6:30 p.m. DALE VANCIL HOME ADDITION, JEFF REINERT Mr. Vancil came forward and introduced his application for a vacation on his property. He stated there is a water easement that exists to protect wetland but there is no wetland. • The Rice Creek Watershed District (RCWD) has agreed that there is no wetland. City Administrator Waite Smith suggested that documentation from the RCWD be obtained in writing. Mr. Vancil referred to a map showing the design of the project and distributed pictures of the property. Councilmember Reinert stated Mr. Vancil is putting an addition on his house. There is no wetland there but because it was previously defined as wetland, a drainage easement was necessary. If it is not a wetland, the City can vacate the easement. He noted the application will go through the necessary City process. Mayor Bergeson asked Mr. Vancil to leave important documents relating to this issue with staff. Staff will distribute it to Council when action is taken on the application. Community Development Director Grochala stated that it appears at one time the area in question was a wetland but it was filled in. RCWD is unclear as to who filled it or when it was filled. Staff is concerned about how the flood plain has been affected by the fill. Staff also needs written documentation from the RCWD. This item will be discussed further at a future Council work session. • PETER NADEAU FORMAL REQUEST FOR EXEMPTION FROM CITY POLICY ON ASSESSMENTS, LINDA WAITE SMITH • CITY COUNCIL WORK SESSION OCTOBER 9, 2002 APPROVED City Administrator Waite Smith advised this issue was discussed at the last work session and it was determined that it was not appropriate for Mr. Nadeau to be exempt from the assessments. Mr. Nadeau has contacted the City and asked for formal Council action on that determination. Community Development Director Grochala reviewed the background regarding this issue and advised the assessment amount, according to City policy, is $40,626.00. That amount does not include surface water management fees. Staff has been working with the City Attorney on this issue and it has been determined that the assessments could be lower if the City amends the current policy to address this situation. Councilmember Carlson stated that if the policy is amended it has to be consistent. Community Development Director Grochala advised the City's entire Improvement Policy has to be reviewed. City Administrator Waite Smith advised the policy could be changed by resolution, according to the City Attorney. Councilmember Carlson stated the City has a lot of properties that do not have sewer and water. She asked if the City will be able to recover all its costs if the policy is changed. Community Development Director Grochala stated the City has to make sure the price indexing matches the cost. Staff will check on the indexing periodically. It was the consensus of Council to amend the current City policy and add the item to the regular Council agenda, Monday, October 14, 2002, 6:30 p.m. ANOKA COUNTY LETTER OF SEPTEMBER 24 REGARDING PLANS TO RECONSTRUCT BRIDGE AND INTERSECTION ON CSAH 49, MICHAEL GROCHALA City Administrator Waite Smith distributed a letter from Anoka County regarding CSAH 49 dated September 24, 2002. Community Development Director advised the letter indicates the County needs City approval to move forward with the bridge and Birch Street intersection improvements. The County is working on their next CIP and will include the project if the City agrees to the improvements. The reality is the bridge and intersection have to be improved. The project will not be a high priority if the County does not have municipal support. He indicated he will be setting up a meeting with Doug Fischer, County Engineer, to further discuss this issue. The goal is for the City to work with the County and two developers to get the improvements completed. Ms. Lynn Heaser, resident, stated she does not want to give up on this project (reconstruction of CSAH 49). She asked if a meeting could be set up between the City, residents and Bob Brown of MnDOT. • • • CITY COUNCIL WORK SESSION OCTOBER 9, 2002 APPROVED Mayor Bergeson stated the first thing that needs to be done is for staff to meet with Mr. Fischer to clarify the County's letter. Community Development Director Grochala stated that in his opinion, the County is not going to build a roadway with less than 100 feet of right-of-way with a four -lane divided highway. The median and speed limit are design issues. He added he also believes that the City's best shot is to get the compromise design for the bridge and intersection. RESPONSE TO LATEST LETTER FROM CENTENNIAL UTILITIES, LINDA WAITE SMITH City Administrator Waite Smith advised Utility Commissioner Vern Reinert has requested another meeting to discuss the franchise fee. The City can agree to cap the fee for this year. Commissioner Reinert also suggested a committee be formed to resolve this issue. It was the consensus of Council to cap the franchise fee at $56,000 for one year by ordinance as long as Centennial Utilities understands that is the only change in the agreement. Councilmember O'Donnell suggested the City also require Centennial Utilities continue their current billing practice. Mayor Bergeson stated the City would also like a list of Centennial Utilities customers that live in Lino Lakes. It was the consensus of Council that any options to resolve this issue should come from Centennial Utilities. CONSIDER SETTING PUBLIC HEARING ON OCTOBER 28, 2002 FOR FIRST READING OF ORDINANCE AMENDING THE LIQUOR CODE, ANN BLAIR City Clerk Blair distributed a revised copy of the draft ordinance amending the Liquor Code. She reviewed the latest changes noting it has been reviewed by the League of Minnesota Cities and the City Attorney. She requested Council direction regarding setting a public hearing for October 28, 2002. It was the consensus of Council to direct staff to schedule a public hearing for amending the City's Liquor Code on October 28, 2002. UNSAFE DRIVEWAY IN TRAPPER'S CROSSING, CAROLINE DAHL Councilmember Dahl advised there is a very unsafe driveway in Trapper's Crossing and asked the City to investigate. • • CITY COUNCIL WORK SESSION OCTOBER 9, 2002 APPROVED City Administrator Waite Smith advised the Community Development Director has found the ordinance that applies to this situation and will contact the resident. An update will be given at a future Council meeting. WEBSITE, CAROLINE DAHL City Administrator Waite Smith advised changes had been made to the website by staff. However, there was a virus that blocked those changes. City Clerk Blair stated she believes meeting agendas are what most people want to see on the website. However, agendas do change quite frequently and sometimes are not finalized until immediately prior to a meeting. Councilmember Dahl distributed examples of websites from neighboring cities. City Administrator Waite Smith advised Councilmember Dahl to discuss any suggestions for the City's website with Administration Director Tesch. REGULAR AGENDA ITEMS, OCTOBER 14, 2002 Amendment to the City's Improvement Policy was added to the agenda. There were no other changes to the regular Council agenda. The meeting was adjourned at 8:50 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on October 28, 2002 Ann Blair ity Clerk John Berg son, Ilayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 7