HomeMy WebLinkAbout11/25/2002 Council Minutes•
APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
CITY OF LINO LAKES
MINUTES
DATE : November 25, 2002
TIME STARTED : 6:32 P.M.
TIME ENDED : 9:32 P.M.
MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and
Mayor Bergeson
MEMBERS ABSENT : None
Staff members present: City Administrator, Linda Waite Smith; City Clerk, Ann Blair; Community
Development Director, Michael Grochala; City Engineer, Jim Studenski; Police Chief, Dave Pecchia
(part); City Fire Chief, Milo Bennett (part); and City Attorney, Bill Hawkins.
SETTING THE AGENDA
The revised agenda was approved as submitted.
CONSENT AGENDA
Councilmember Dahl moved to approve the Consent Agenda, as submitted. Councilmember
O'Donnell seconded the motion.
Motion carried unanimously.
ITEM
A. CONSIDERATION OF EXPENDITURES:
i) November 25, 2002 (Check No. 66706 —
66837, $666,722.81)
ii) Centennial Fire District (Check No. 13513 —
13532, $6,283.02)
OPEN MIKE
ACTION
Approved
Approved
Recognition of Rescue Efforts — November 14, 2002 car rescue, presentation of awards by Fire
Chief Milo Bennett and Police Chief Dave Pecchia - Mayor Bergeson introduced Fire Chief
Bennett and Police Chief Pecchia. Mayor Bergeson advised that on November 14, 2002, just before
3:00 p.m., the Police and Fire Departments were notified of a vehicle rollover that was submerged in
water at 7300 Main Street in Lino Lakes.
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
Fire Chief Bennett explained that when the police and fire personnel arrived, the driver of the vehicle
was out of the vehicle and CPR was being administered to the driver. The people who were helping
the driver had called 911, gone into the water, opened the vehicle door which was stuck, cut the seat
belt, and got the driver out of the submerged vehicle. They then proceeded to perform CPR on the
driver and continued to do so until the emergency services arrived. He stated he is convinced that the
efforts of these people certainly saved the life of the driver of the vehicle. Fire Chief Bennett noted
the attendance of Lindsay Heffelbower, the driver of the vehicle. Fire Chief Bennett stated the City
would like to present each of the people involved with a Life Saving Award for their efforts.
Lindsay Heffelbower came forward to join in the presentation of awards to:
Gary Ulferts, Christopher Tjepkes, Nicholas Dills, Derick Johnson, Jesse Gregory, Tim Hillesheim,
Daniel Storvick, and Tammy Wheeler.
A representative from the Public Relations Department of the Hennepin County Medical Center
introduced herself and stated she also has awards to present to those who participated in this life-
saving rescue.
No one else was present for open mike.
FINANCE DEPARTMENT REPORT, AL ROLEK
There were no Finance Department Reports to consider.
ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
Consideration of Resolution No. 02-170, Supporting Formation of Tri -City Coalition for Issues
Related to I -35E — City Administrator Waite Smith explained that on September 12, 2002, the cities
of Hugo, Centerville, and Lino Lakes convened a joint meeting to discuss a number of items,
including issues related to the I -35E interchange at CSAH 14. At that meeting it was suggested that
the three cities, as well as affected counties and other jurisdictions, form a coalition to study this area
and recommend actions to the appropriate governing bodies. The cities of Centerville and Hugo have
adopted resolutions supporting the formation of a coalition. At a September work session, the Lino
Lakes City Council indicated support for the concept, which is formalized in the draft resolution.
Staff recommends adoption of the draft resolution, which would formalize that support.
Councilmember Reinert moved to adopt Resolution No. 02-170, Supporting the Establishment of a
Tri -City Coalition. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-170 can be found in the City Clerk's office.
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
• PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
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Consideration of Purchase of 12 New Defibrillators for the Centennial Fire District, Milo
Bennett — Fire Chief Bennett stated the Centennial Fire District purchased semi-automatic
defibrillators in 1993 and has had good results from their usage. However now, nine years later, these
units are getting old and experiencing come maintenance issues. Also, the technology has changed
dramatically. He advised that the Centennial Fire District has received a donation of $23,000 from
the Centennial Firefighter's Charitable Gambling that will fund the purchase of 12 new defibrillators
and supplies for the Fire District.
Fire Chief Bennett explained that since a quorum was not present at the last Centennial Fire District
Steering Committee meeting, he is requesting approval from each of the three city councils to make
that purchase with the contributed charitable funds.
Mayor Bergeson stated he and Councilmember Carlson had attended that Fire District Steering
Committee meeting and are both in support of this purchase.
Councilmember Carlson moved to approve the purchase of 12 new defibrillators and supplies for the
Fire District to be funded from the $23,000 donation from the Centennial Firefighter's Charitable
Gambling. Councilmember Reinert seconded the motion.
Motion carried unanimously.
Consideration of Purchase of Self -Contained Breathing Apparatus (SCBA) for Centennial Fire
District, Milo Bennett — Fire Chief Bennett explained that the Fire District had set aside $100,000 in
the Capital Equipment Fund for 800 megahertz radios. However, since Anoka County created a
separate taxing district they will not have to use that money for the radios. He stated the Centennial
Fire District purchased Self -Contained Breathing Apparatus (SCBA) in 1990, which are reaching the
end of useful life. In addition, there are several safety improvements that are available on the new
units available today.
Fire Chief Bennett stated they would like to use $95,000 of the Capital Equipment Fund to purchase
new SCBA units for the Fire District. This request was presented to the Fire District Steering
Committee on November 14, 2002 but since there was no quorum present, he is asking each of the
three city councils to approve this request.
Councilmember Dahl asked how many would be purchased.
Fire Chief Bennett explained that they would purchase 27 units. Their order would be combined with
a City of Minneapolis order, which results in a large cost savings.
Councilmember O'Donnell moved to approve the purchase of the requested 27 SCBA for the
Centennial Fire District to be funded by $95,000 from the Capital Equipment Fund, as requested.
Councilmember Reinert seconded the motion.
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
• Motion carried unanimously.
Consideration of Resolution No. 02-173 Accepting Donation from Target in the Amount of $964
to Purchase Digital Camera for Police Department, Dave Pecchia — Police Chief Pecchia advised
that the Lino Lakes Police Department had made application for and been selected to receive grant
funds from Target corporation in the amount of $964. He explained that the Lino Lakes Police
Department is in need of a digital camera and these funds would be sufficient to cover the cost of the
camera. He recommended approval of the draft resolution to formally accept the grant funds for this
use.
Councilmember Dahl moved to adopt Resolution No. 02-173, Accepting Donation of Grant Funds
from Target Corporation to Purchase Digital Camera Equipment for the Police Department.
Councilmember Carlson seconded the motion.
Motion carried unanimously.
Resolution No. 02-173 can be found in the City Clerk's office.
PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
There were no Public Services Department Reports to consider.
• COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA
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Spirit Hills Commercial Development, Michael Grochala — Community Development Director
Grochala reviewed that Rockne Goertz has submitted an application for Site and Building Plan
Review, CUP and Rezoning to allow the development of a neighborhood business center at the
northwest corner of Ware Road and Birch Street. The request was first heard by the City Council on
August 12, 2002 at which time it was tabled to allow further review of traffic impacts. The Council
received a draft Traffic Analysis, prepared by URS, at the September 4, 2002 work session which
identified existing and post development traffic conditions at the Birch Street and Hodgson Road
intersections. The request was brought back to the Council at the September 23, 2002 meeting and
subsequently tabled to the November 28, 2002 meeting, at the request of the developer, in order to
allow time to discuss intersection improvements with Anoka County. He noted that a 4/5ths
affirmative vote is required to adopt the rezoning ordinance.
Community Development Director Grochala reviewed the land use and zoning as well as the lot size
and setbacks. He stated the applicant is proposing to construct three buildings and a canopy for gas
islands totaling 30,266 square feet. This breaks down to Building A at 13,720 square feet, Building B
at 6,440 square feet, Building C at 7,606 square feet plus the canopy is 2,500 square feet in size. The
buildings are generally designed with peaked roofs with focus features at selected ends of the
buildings. The highest points of the buildings measure approximately 28' feet in height and conform
to the maximum 45 -foot height requirement imposed in the GB District. The buildings are proposed
to be finished with rock face block and stucco (EIFS) sign banding and accents. Standing seam metal
roof at varying heights will be the roofing material. The proposed mix of materials conforms to the
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
• standards in Section 3, Subdivision 4.B of the City Code. He presented the artist's rendering showing
the colors proposed for the exterior building facades.
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Community Development Director Grochala explained that one issue raised was the trash enclosure.
The site plan does illustrate exterior trash handling areas. According to Section 3, Subd. 4.G of the
Ordinance, all refuse and recyclable materials must be stored within the principal building or within
an accessory structure (within a side or rear yard) that is totally screened from eye level view from
neighboring uses and public rights-of-way. The applicant is aware of the provision and has placed the
enclosures upon the site plan. There are now two 10' x 10' foot enclosures with brick walls and
gates. The first enclosure is located behind Building A along the western lot line. The second
enclosure, belonging to Building B (the bank) located in the southwest corner of the lot along Birch
Street is not permitted. The enclosure for Building B may be better suited if placed behind the
building along the western lot line away from Birch Street or within Building C. Both enclosures will
be surrounded by landscaping to soften the look of the enclosure. The plan states that waste for
Building C will be stored within the building.
Community Development Director Grochala advised that the signage on the site is proposed to be
individual letters mounted over storefronts. Signage is governed by the City's sign ordinance and
requires a separate permit. All signs will be reviewed with the sign permit applications and must
satisfy applicable requirements of the Ordinance in regard to sign type, size, and location.
Community Development Director Grochala stated the landscaping within the site has satisfied City
requirements. He reviewed the landscaping proposed and advised that 35% of the site is required to
be maintained as open space, which is satisfied. He noted that the parking requirement is satisfied. A
total of 136 parking stalls are required and 138 stalls will be provided including the gas island areas.
Thirty-six spaces are proposed to be constructed with a pervious Netlawn turf. The use of the
Netlawn allows the applicant to satisfy parking requirements while reducing the site's impervious
surface area and maximizing on-site infiltration of storm water runoff.
Community Development Director Grochala noted the location of the two access points and stated
they do meet all City requirements in terms of spacing and width. He then pointed out the location of
the sidewalk along Ware Road to provide pedestrian access into site. The northern access utilizes the
existing Ware Road/Ware Circle intersection. The southern access is located approximately 220 feet
north of the Ware Road/Birch Street intersection. The proposed southern access location maximizes
the separation from both the Ware Road/Ware Circle and Ware Road/Birch Street intersections.
Through discussions and public hearings concerns were expressed by residents to the north that by
installing the sidewalk, children walking to school would have to cross Ware Road twice to get to
school. Staff reviewed existing right-of-way and found a sidewalk could be facilitated on the north
side to eliminate that concern. Community Development Director Grochala noted that is included as
a requirement to be worked out with the City Public Services Department to determine the final
location and material used. Typically, an eight -foot wide bituminous trail is required but the
residential homeowners living in the Spirit Hills development prefer a five-foot concrete sidewalk.
• Community Development Director Grochala explained that as part of the project, Ware Road is
proposed to be extended westerly to connect with Hodgson Road (CSAH 49). This extension was
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
• planned in conjunction with the original Spirit Hills residential development at which time the right-
of-way was dedicated. The connection to Hodgson Road will be limited to right -in, right -out turning
movements. Southbound Hodgson Road traffic will not have access to the Ware Road extension.
The proposed development will also require the addition of a right turn lane on southbound Ware
Road at its intersection with Birch Street.
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Community Development Director Grochala advised that Anoka County has reviewed the proposed
development and provided comments in a letter dated August 29, 2002. In general, due to the
increase in turning movements at the intersection of Ware Road and Birch Street, turn lane
construction on CSAH 10 will be required to be completed in conjunction with the development.
Both right and left turn lanes will be needed for eastbound and westbound Birch Street. These
improvements will need to be constructed in conjunction with the proposed development. The
proposed improvements are not included within the City or County Capital Improvement Programs.
Therefore, it will be the responsibility of the developer to construct and finance the proposed
improvements as a condition of the development approval.
Community Development Director Grochala reviewed that following the City Council meeting on
August 12, 2002, the developer's Traffic Engineering Consultant, URS, prepared a traffic analysis,
dated September 23, 2002, to define the impact of the proposed development on the Ware Road/Birch
Street, Hodgson Road/Birch Street and Ware Road/Hodgson Road intersections. The City's
Engineering Consultant, TKDA, has reviewed the report and offered the following comments:
1. They concur with URS' assessment that the intersection of CSAR 49 and CSAH 10 operates
at unacceptable levels of service under existing and post development conditions.
2. The main cause of poor operating conditions is the inadequate lane geometry at the
intersection, particularly for the southbound approach.
3. There will be a significant increase in intersection delay with the addition of Spirit Hills
Commercial Center trips, as average vehicle delay will more than double in the a.m. and p.m.
peak hours.
4. Nothing short of installing a traffic signal and adding a left -turn lane at the southbound
approach will restore operations to acceptable levels of service for existing or post
development conditions.
Community Development Director Grochala stated it should be noted that the post development
traffic generation is based on full site development.
Community Development Director Grochala explained that Anoka County has further addressed the
issues regarding the intersection of Hodgson Road/Birch Street in a letter dated November 20, 2002.
The letter is in response to access issues for potential development on the Miller Farm, located on the
southeast corner of the Hodgson/Birch intersection, and incorporates issues from the Spirit Hills
development.
Community Development Director Grochala noted the Anoka County letter sets forth the minimum
requirements necessary to improve the Hodgson/Birch intersection and address turning movements
into the respective developments. With specific regard to Spirit Hills, the letter reiterates the need to
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include left and right turn lanes on Birch Street as well as a right -turn lane on northbound Hodgson
Road onto the Ware Road extension. The County further states that signalization of the intersection
as well as construction of a southbound Hodgson Road left turn lane are needed in conjunction with
the proposed developments. Anoka County has previously indicated, per a letter dated September 24,
2002, that they are planning to include the Hodgson/Birch Street intersection and Rice Creek Bridge,
based on the original 120 -foot design standards, in their next Five Year CIP, pending City consent for
the project. However, the timeline for completing the improvements as proposed would probably
extend to 2005 or 2006. Community Development Director Grochala advised the anticipated traffic
delay is estimated at 30 seconds per vehicle if the development is approved, and based on full site
development.
Community Development Director Grochala stated the intersection improvements, for the most part,
require reconstruction of a left turn lane for southbound Hodgson Road. That would allow traffic to
move into a protected bay while allowing through traffic to proceed.
Community Development Director Grochala explained that as part of the November 20, 2002 letter,
the County submitted a concept plan for interim improvements of both Birch Street and Hodgson
Road that addresses both turn lane and signalization issues. It is clear that the cost of design and turn
lane construction would need to be borne by the respective developers. However, the letter does
indicate that the County may be willing to participate in the cost of the signal construction. As stated
in the URS study and TKDA review, installation of the signals and associated turn lanes would
alleviate both the existing and post -development traffic concerns at this intersection.
Community Development Director Grochala advised that the Spirit Hills developer has indicated his
willingness to provide the City with a letter of credit covering the costs of the turn lane construction
required for the Spirit Hills site and 50% of the traffic signal costs.
Community Development Director Grochala stated a lighting plan has been submitted for review.
The ordinance provides for maximum lighting levels of one -foot candle at the street and 0.4 when
casting light onto a residential property. Glare can be an issue from fixtures even if foot-candle
measurements are met. Because of the proximity to residential uses, the type of fixture will be
critical. The ordinance requires that light sources be hooded or controlled. The fixtures proposed are
a decorative, round cutoff luminaries that has the option of a solid dome or a glow dome. Staff
believes all of the lights should include a solid dome. The submitted plan does show a combination
of domes. No specific lighting type has been provided for under the canopy. Lighting under the
canopy shall be designed with completely recessed lighting and no lighting on the canopy sides.
Community Development Director Grochala advised that the submitted erosion and grading plan is
subject to review and approval by the City Engineer. The City Engineer's comments, dated July 3,
2002, have been included for the Council's review. The submitted utility plan is subject to review
and approval by the City Engineer and the City Engineer's comments, dated July 3, 2002, were noted.
Community Development Director Grochala explained that all standard easements are to be dedicated
with the final plat. There is an existing drainage and utility easement that will need to be vacated
following completion of grading of the site in conformance with the approved plans. Park dedication
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
has not previously been satisfied on this parcel. As a result, the proposed final plat will be subject to
park dedication requirements. For commercial development, a park dedication requirement of
$2,175.00 per acre is required. The plat includes 3.75 acres, which requires a park dedication of
$8,156.25 to be paid prior to recording the final plat.
Community Development Director Grochala noted the development is intended to be used for retail
and service uses consistent with the GB, General Business District. Three proposed uses include a
Daycare Facility, Motor Fuel Station (Convenience Store) and Accessory Drive-through Facility,
which all require Conditional Use Permits. He reviewed the proposed uses as follows:
Day Care Facility
The Day Care Facility has satisfied the conditions set forth in Section 7, Subdivision 3.H.11 of the
Zoning Ordinance with the condition that:
1. All requirements of the Minnesota Department of Health and Human Services, as may
be amended, are satisfactorily met and the structure and operation is licensed
accordingly.
• Motor Fuel Station
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The Motor Fuel Station has satisfied the conditions set forth in Section 7, Subdivision 3.H.2 of the
Zoning Ordinance with the conditions that:
1. No exterior audio system shall be used in the operation of the facility.
2. No illuminated signage shall be allowed on the protective canopy except for the south
side facing Birch Street.
3. The hours of operation shall be limited to 5:00 a.m. to 11:00 p.m.
4. Deliveries to the station shall be limited to the hours between 8:00 a.m. to 1:00 p.m.
Accessory Drive-through Facility
The Accessory Drive-through Facility has satisfied the conditions set forth in Section 7, Subdivision
3.H.5 of the Zoning Ordinance.
Community Development Director Grochala stated the Environmental Board reviewed the proposed
development on April 24, 2002 and recommended approval. Their comments, where applicable, have
been incorporated into this report. In addition, the Rice Creek Watershed District (RCWD) granted a
TWAFAA (Table With Authorization For Administration Action) on February 27, 2002, pending
resolution of Wetland Conservation Act (WCA) issues. The issues have been satisfied and the final
permit has been issued.
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• Community Development Director Grochala stated the applicant will be required to enter into a
performance agreement with the City and post all the necessary securities required by it.
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Community Development Director Grochala advised that the Planning and Zoning Board reviewed
the application at their July 10, 2002 meeting and recommended approval with the conditions. That
information has been provided for Council review.
Community Development Director Grochala stated the proposed Spirit Hills development has raised
specific concerns regarding the impact of the development on adjacent residential uses as well as its
impact on the surrounding transportation infrastructure. The City's Comprehensive Plan designates
the site for commercial land use. Commercial land uses are going to generate additional traffic and
have the potential to adversely impact adjacent residential uses. The opportunity or challenge is to
effectively integrate the development to minimize or eliminate these impacts.
Community Development Director Grochala noted that the Spirit Hills development has been held to
a high level of site and architectural design to insure integration with existing residential uses. Where
applicable, staff is recommending conditions of approval to offset potential adverse effects. From this
standpoint, staff is of the opinion that the development will compatibly coexist with adjoining
residential areas.
Community Development Director Grochala again noted the architectural plan depicting the colors
and columns to integrate it with the surrounding residential development. He stated the height of
these buildings, when compared to the homes being constructed in the Spirit Hills development, is
similar or lower. He stated the pedestrian amenities also make it more a part of the neighborhood.
Community Development Director Grochala restated that the commercial development will generate
additional traffic. However, it is important to insure that the additional traffic can be accommodated
by the surrounding infrastructure. The proposed development and associated Ware Road extension
will introduce new or additional vehicle turning movements. As such, the new right -in, right -out
intersection of Ware Road and the existing Ware Road / Birch Street intersection will need to be
improved to accommodate these movements. As pointed out in the traffic study, City staff review,
and Anoka County review, turn lanes will be required in these locations. The introduction of turn
lanes will allow for turning movements to be accommodated outside of the through traffic lanes. The
proposed development will also have an additional impact on the Birch/Hodgson Road intersection.
As noted in the review, the intersection is currently operating at an unacceptable level and will
continue to do so until such time as turn lane and signalization improvements are constructed.
Community Development Director Grochala stated this road project has been discussed and listed in
the County's Capital Improvement Program since at least 1999 and there has been continual
discussion about that with Anoka County. However, it appears that project is two to three years away.
He advised that Anoka County said they would include reconstruction of the intersection and bridge
in their Year 2003-2007 plan so staff is estimating construction would take place in 2005 to 2006.
• Community Development Director Grochala recapped that the improvement of this intersection has
been discussed between the City and Anoka County for several years. It appears that at this time,
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even with City consent, the project is approximately two to three years away. As previously stated,
the County has submitted a concept plan that addresses the necessary developer improvements and
the signalization of the intersection. This design is more in line with the City's vision of the roadway
improvements in this area. The County has stated that the cost of turn lane improvements would need
to be borne by the developers involved, noting however that they would discuss cost participation for
the traffic signals.
Community Development Director Grochala County said the cost of construction for the turn lane
would be the responsibility of the developer and Spirit Hills has agreed with that. However, Anoka
County has indicated a willingness to discuss cost participation for the turn lanes.
Community Development Director Grochala explained that in addition to the requirements related to
turn lane construction, the developer has agreed to secure up to 50% of the costs associated with the
signalization of the intersection. While this does not immediately address the improvement of the
intersection, it does provide the City with a greater opportunity to correct the existing poor situation
in a more timely manner. It is staff's intent to continue to work with the Spirit Hills developer, the
potential Miller Farm development and Anoka County to provide these improvements well before
they would be completed by Anoka County.
Community Development Director Grochala stated he does not think Lino Lakes is any closer to
getting that development completed without an agreement between the City and Anoka County.
However, if this project moves forward, the City moves one step closer to controlling its own destiny.
He noted that Anoka County may still not participate but it would provide the developer contribution
towards those costs. He stated he does not see, at this point, that Anoka County will modify their
reconstruction design for building that road short of a four lane with 120 feet of right-of-way. Staff
thinks it is an existing bad situation, at this point in time, and this project gives the City a better
opportunity to make that improvement in a more timely manner than going back to Anoka County.
Community Development Director Grochala stated he sees this as the City's principal option. The
downside would be the potential that it does not get done and the City controls their destiny on that.
With the first option there is developer support so it is the preferred option to bring this developer, the
Miller Farm developer, and Anoka County into the project to share cost. With the second option, the
City would consent to Anoka County's existing design to be scheduled and constructed in accordance
with the Anoka County plan. The third option is with Anoka County and cost participation is possible
but the City may have to step in and provide the matching funds.
Community Development Director Grochala stated that in looking at the overall scope of the project,
Anoka County may not be willing to fund anything short of their plan. He noted that this project
includes an improvement that is more in keeping with what the City desires with two -lanes and turn
lanes. Based on these reasons staff is recommending approval of Ordinance 08-02 and Resolution 02-
88 subject to the conditions therein and based on the following findings:
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• Rezoning
The Zoning Ordinance states that the Planning and Zoning Board and City Council shall consider
possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not
limited to, the following factors:
1. The proposed action has been considered in relation to the specific policies and provisions of
and has been found to be consistent with the official City Comprehensive Plan.
The site is guided for commercial land use and subject to the conditions of site and building
plan/conditional use permit approval the development is consistent with the Lino Lakes
Comprehensive Plan.
2. The proposed use is or will be compatible with present and future land uses of the area.
Subject to the conditions of site and building plan/conditional use permit approval the site is
compatible with existing commercial and residential uses as well as future commercial and
residential.
3. The proposed use conforms with all performance standards contained herein.
• The proposed use conforms with all performance standards contained within the City's
Zoning Ordinance.
4. The proposed use can be accommodated with existing public services and will not overburden
the City's service capacity.
Existing sanitary sewer and water services are available to the site and will not overburden
existing public services.
5. Traffic generation by the proposed use is within capabilities of streets serving the property.
Traffic generation by the proposed use is within the capabilities of the streets directly serving
the property in conjunction with the required public improvements. The proposed
development will assist with the improvement of the Birch/Hodgson intersection signalization.
Conditional Use Permits
The Zoning Ordinance states that the Planning and Zoning Board shall recommend a conditional use
permit and the Council shall order the issuance of such permit only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
11111 general welfare of the neighborhood or the City.
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Comment: Bank drive-through, child day care and service station uses currently exist within
the City of Lino Lakes. None of the uses should be detrimental or endanger the public in
conjunction with conditions of approval.
2. Will be harmonious with the general and applicable specific plans and policies of the
Comprehensive Plan of the City and this ordinance.
Comment: The Comprehensive Plan guides for commercial use of this site. Once rezoned
from R-1 to General Business the site would match the Comprehensive Plan.
3. Will be designed, constructed, operated, and maintained so as to be harmonious and
appropriate in appearance with the existing and/or intended character of the general vicinity
and will not change the essential character of that area.
Comment: The building designs include many windows and rock face block. The design will
be carried through on all four sides of the buildings. This should help make the buildings
more attractive. Landscaping and fencing should soften the development and help screen the
use from residents. The added sidewalk should be beneficial for pedestrians. Restrictions on
canopy lighting, outside audio, hours of operation, and limited delivery hours will minimize
the fueling station impacts to existing residential properties.
• 4. Will be served adequately by essential public facilities and services, including street, police
and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools;
or will be served adequately by such facilities and services provided by the persons or
agencies responsible for the establishment of the proposed use.
Comment: The proposal should be served adequately by such facilities and services.
5. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community.
Comment: This development should not increase public costs, and will enhance the economic
welfare of the community.
6. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property, or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, or odors.
Comment: The proposed commercial uses upon this site should not create any excessive
externalities that would be abnormal to the character of commercial sites.
7. Will have vehicular approaches to the property which are so designed as not to create traffic
congestion or an interference with traffic on surrounding public thoroughfares.
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
Comment: The site layout meets standards held within the City's Zoning Ordinance including
turn lanes, access width, and access spacing/location. Required improvements to external
public streets will mitigate adverse traffic impacts.
8. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of
major importance.
Comment: Impacts to existing natural features are being mitigated as part of the overall site
design and Ware Road extension improvements.
9. Will conform to specific standards of this ordinance applicable to the particular use.
Comment: Each use should conform to the specific standards listed within the General
Business section of the zoning ordinance. Specifically, the day care should meet the
requirements listed under Section 7 H (11)(a).
Community Development Director Grochala stated staff is recommending approval of both the
rezoning of the site as well as the site building plan and conditional use permits. He noted Resolution
No. 02-88 lists ten conditions of approval as follows:
1. A sidewalk shall be installed along the frontage of Ware Road and shall be maintained by
the commercial development. A sidewalk/bituminous trail shall be included on the
northeast side of Ware Road at the direction of the Public Services Department
2. All refuse and recyclable materials shall be stored within the principal building or within
an accessory structure (within a side or rear yard) that is totally screened from eye level
view from neighboring uses and public rights of way.
3. All signs shall be reviewed with the sign permit applications and shall be required the
applicable requirements of the Ordinance.
4. Light fixture design is a solid dome variety only and under- canopy lighting shall be
submitted and subject to staff approval.
5. The submitted erosion and grading plan shall be revised to incorporate the City Engineer's
comments, dated July 3, 2002.
6. The submitted utility plan shall be revised to incorporate the City Engineer's comments,
dated July 3, 2002.
7. Stop signs shall be installed and maintained at the access points with the public road.
8. A final plat and vacation of easements shall be submitted and approved by the City. The
plat shall also include dedication of access control, along Birch Street, to Anoka County.
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
• 9. Prior to the commencement of any site grading, the applicant shall provide the City with a
security representing 150% of the cost of such work.
•
•
10. The Developer shall enter into a Site Performance Agreement with the City of Lino Lakes
prior to issuance of a Building Permit. Such agreement shall provide for the required
improvements to Ware Road, Hodgson Road, and Birch Street including the intersection
of Hodgson and Birch and include a security covering 150% of the costs of such
improvements.
Councilmember Dahl stated that from the staff report and letter from Anoka County, she does not
understand the issues related to cost sharing. She noted the Anoka County letter indicates that further
discussions will need to take place for cost sharing but the staff report says Anoka County would
discuss cost participation for the traffic signals. She stated she does not see where it says that Anoka
County will participate and at what cost. She asked what the cost is for the signal.
Community Development Director Grochala estimated $150,000 for the signal.
Councilmember Dahl stated if the developer agrees to pay 50% or $75,000 she is still concerned that
Anoka County has only indicated a willingness to talk about it, not that they would consider cost
participation. She stated she is not comfortable with that "if' and even if they agree to pay one-
quarter of the cost, Lino Lakes would have to pay the other 25%.
Community Development Director Grochala stated that could potentially leave Lino Lakes with a cost
share or it could be brought together with an adjacent development at that corner.
Councilmember Dahl stated she remembers another developer who agreed to pay for a signal which is
still in "limbo." She stated she does not want Lino Lakes to be left "holding the bag" and noted that it
is not yet known what the developer on the other corner is doing.
Councilmember Dahl noted that Anoka County recommended the right -in, right -out be eliminated.
Community Development Director Grochala explained that the Anoka County letter is a review based
on the Spirit Hills Commercial and Bruggeman Homes concept plans. The right -in, right -out is
located onto Birch Street about half way between Hodgson Road and Ware Road. Anoka County is
saying they would not recommend a right -in, right -out in that location but did provide a list of
conditions that, if met, would allow them to consider that location.
Councilmember Dahl stated in the Anoka County letter it says residential land use adjacent to
highways will generate traffic noise concerns. She stated that is also a concern of hers since it leaves
the option open and if there is another development across the street, that will also be a problem.
Councilmember Dahl noted that in the staff report it indicates the timeframe for the signal light would
be 2005 or 2006. She asked if that would be for the light or just the road extension. Community
Development Director Grochala stated the 2005, 2006 timeframe refers to when staff thinks the
intersection improvements would be constructed as part of the Anoka County Capital Improvement
Program and would include the reconstruction of that intersection and traffic signal.
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
Mayor Bergeson stated that would be only if left to Anoka County but this project would accelerate
that timeline.
Councilmember Dahl asked about the Amur Maple trees that the Environmental Board mentioned and
asked if they are fast growing trees. She also asked about screening coverage during the winter
months besides the screening fence.
Community Development Director Grochala stated the Amur Maples were removed at the request of
the Environmental Board because they are an invasive species. Instead, Northwoods Red Maple and
River Birch are being included for screening adjacent to Ware Road. He stated they are considering
more of a shade tree during summer months as well as the color that it would provide. He noted the
southeast corner of the landscaping plan that includes coniferous, evergreen -type of trees as well as
along the front of the project.
Councilmember Dahl asked where Ware Road will align with the existing Ware Road. Community
Development Director Grochala used a map to identify the existing location and offset.
Councilmember Dahl asked if residents in that area are aware of that realignment. Community
Development Director Grochala stated the realignment would occur with the development of Miller
Farms and it would not be moved closer. He stated that cost would be incorporated into the cost of
the Miller Farms property.
Councilmember Dahl asked if the City would also participate in the cost to realign Ware Road since it
was just reconstructed. Community Development Director Grochala stated the intent is to require the
realignment as part of any development action.
Councilmember Dahl asked if the developer would be responsible for the total cost. Community
Development Director Grochala stated that is staff's intent.
Councilmember Dahl stated she would have preferred an option that included the two developers and
Anoka County. In her opinion, she would have liked this to have been resolved so the Council knows
exactly what they are looking at and the City or ultimately the residents are paying for. She stated she
believes Anoka County should be responsible for that cost since it involves safety.
Councilmember Dahl stated this would probably extend to 2005 or 2006 in Anoka County's plan and
asked when the Spirit Hills development would be done. Community Development Director
Grochala estimated buildout in 2004 for the Spirit Hills commercial development. From staff's
standpoint the 2005 or 2006 timeframe is an estimate if the City consents to the County's plans and
they proceed with acquisition.
Councilmember Dahl stated that according to Anoka County, if the right-of-way is extended 120 feet
when the signals are put in, they would be installed wider and not have to be redone later.
Community Development Director Grochala stated if Anoka County goes with this plan, the signals
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
would be installed in accordance with this plan which would essentially be considered a temporary
improvement.
Councilmember Dahl raised the issue of the requested rezoning to General Business and Planned
Development Overlay (PDO). She asked what the difference is between PDO General Business and
just General Business.
Community Development Director Grochala explained that the applicant is pursuing PDO as part of
this site development to allow more than one building on the site and to break it up into three
buildings instead of having one building. The building size is no greater than what would be allowed,
but PDO allows flexibility to have more than one building on the site. As part of that flexibility, the
City is able to push the architectural elements and incorporate parking into the site.
Councilmember Dahl asked if the project exceeds the required building size. Community
Development Grochala stated the proposal is for 30,266 square feet which is permitted regardless of a
PDO being included.
Councilmember Carlson asked if the plan identifies commercial on one side, residential directly
across the street on the Ware Road extension, changes to the south moving commercial north towards
Highway 49 and reducing the amount of commercial, adding more residential on Miller Farm, and
assuming also some residential and commercial on opposite sides of Birch Street.
Community Development Director Grochala stated with the Miller Farm property there will most
likely be commercial on the western corner and residential to the east, both being south of the Spirit
Hills property.
Councilmember Carlson expressed concern that adequate landscaping be provided between the
commercial and residential properties. She noted in this case there is no transition area since they are
across the road from each other. She noted that Maple Trees have leaves for only one-half of the year
so that provides screening for only one-half the year. On Birch Street, she noted there are Pine Trees,
but still gaps in the screening. Councilmember Carlson stated that prior to letter from Anoka County,
her main concern with this plan was with landscaping.
Community Development Director Grochala stated, in terms of future residential development on the
Miller Farm site, since it is adjacent to Birch Street the City would require additional screening and
buffering, and increase setbacks from the roadway. He stated he thinks some changes can be made to
include coniferous trees in combination with overstory trees to provide more year-round screening.
Councilmember Carlson stated her preference would be screening since additional setbacks would be
more expensive. She stated that was her only concern remaining with the plan. However, the letter
from the Anoka County gives her a great deal of concern. Councilmember Carlson reviewed portions
of the letter, noting the first indented paragraph talks about right-of-way and says additional right-of-
way will be required adjacent to Highway 49. She noted that 60 feet of right-of-way, in typical
applications, is adequate for reconstruction. However, it appears that this reconstruction would likely
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
111/ require road realignment and given the existing conditions and adjacent wetlands it is likely additional
right-of-way will be required adjacent to CSAH 10 as well.
•
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Councilmember Carlson stated that gives her concern since CSAH 10 is listed as a collector street and
Anoka County already has 120 feet of right-of-way out there. Also, the City's Comprehensive Plan
requires only 80 feet. She stated it concerns her that they are requiring additional right-of-way.
Community Development Director Grochala explained that along Hodgson Road they would get the
full right-of-way requirement. On Birch Street they have 120 feet except for a few spots due to
existing building locations. He stated there has been some discussion with Anoka County and
developers, when looking at the Miller Farm site, that it may be necessary to shift the roadway to the
south throughout one section and if done, additional right-of-way may be needed to do that rather than
encroach into the garage on the north side.
Councilmember Carlson stated they have 120 feet and Larry Grubbs is the only property on Birch
Street where they don't have 60 feet off the center line. She stated they do have 50 feet so are only 10
feet short. Community Development Director Grochala stated that is correct.
Councilmember Carlson stated they still have an additional 10 feet above the 100 feet that is required
in the City's Comprehensive Plan for a collector street. Community Development Director Grochala
explained that with a County/State Aid roadway they can make the call on the actual right-of-way
needs.
Councilmember Carlson asked how the City's Comprehensive Plan plays into that consideration.
Community Development Director Grochala stated the City has designated minor collector, arterial,
etc., street designation which may or may not conflict with Anoka County plans. However, the
Anoka County plans would supercede the City's plans for those streets.
Councilmember Carlson stated she has heard Governor -Elect Pawlenty supporting local
determination and she believes there was some degree of local determination in the road plan.
Councilmember Carlson read another portion of the Anoka County letter that describes a "pork chop"
island at CSAH 10.
Community Development Director Grochala used a map to identify the access location of the "pork
chop" raised concrete median at the entrance that would allow only a right -in, right -out movement.
Councilmember Carlson asked if that would be on the Miller Farm property. Community
Development Director Grochala answered affirmatively.
Councilmember Carlson stated the next paragraph says that Anoka County has prepared a concept
plan which the Council did not receive. Community Development Director Grochala stated he has
one copy of it and was unable to make copies for the Council that were readable.
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
Councilmember Carlson referenced another paragraph of the letter and asked about the location of
that median. Community Development Director Grochala stated that median would be at an entrance
point and provided a hand -drawn diagram to explain how it would be configured.
Councilmember Carlson asked how wide the roadway would be for the extension of Ware Road.
Community Development Director Grochala stated the proposed Ware Road extension would
continue the existing 32 -foot width.
Councilmember Carlson inquired about the Anoka County restriction of landscaping in the project
area. Community Development Director Grochala explained that Anoka County gets concerned
about landscaping within their right-of-way due to the need for clear sight triangle areas. He stated
there are certain requirements Anoka County has for landscaping within their right-of-way areas. He
explained that if trees are included in the Anoka County medians, more median width is required.
However, there are some landscaping options that could be considered if it meets their requirements.
Councilmember Carlson stated the letter says "no plantings" but she does not want it construed that
meant no landscaping would be allowed.
Councilmember Carlson asked if traffic noise was previously addressed. Community Development
Director Grochala stated the PCA has noise standards when reviewing new residential development
adjacent to the highway. Anoka County is indicating the highway is already there so you need to
determine if there are noise impacts and do what is needed to maintain those levels. He explained
that there are PCA requirements and most likely the local agency reviewing that project will make
that comment to assure if the development goes in, they are not held accountable later to mitigate the
noise.
Councilmember Carlson stated she is more concerned with noise from the future expansion of
Highway 49 and semi -tractor trailer traffic. She stated the traffic noise does concern her as this
development moves forward at this intersection.
Councilmember Carlson referenced the Anoka County letter, second paragraph from bottom,
indicating to please note that it is preferred that all trail easements are located outside of the County
right-of-way. She asked if the trail is included in the County right-of-way. Community Development
Director Grochala stated he is not sure what Anoka County is addressing since the original plan did
not identify the trail within that corridor. He noted the location of a future County trail and where the
City's trail would link into the Anoka County trail.
Councilmember Carlson asked what the City will end up with since it is not known what the County
is requiring for right-of-way. Community Development Director Grochala stated the right-of-way
would be moved out to 120 feet based on potential alignment so if improvements are done in the
future, the right-of-way is in place. In some instances, that right-of-way is already in place.
Councilmember Carlson stated some of the right-of-way, such as by the homes, is only 40 feet from
center. Community Development Director Grochala stated there is approximately 83 feet of right-of-
way in that area and it was dedicated several years ago.
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Councilmember Carlson asked if the project would stay within the 50 -foot right-of-way on the home
side. Community Development Director Grochala stated the project shown here starts at the
southeastern edge of the bridge and would taper out at the intersection to accommodate the turn lanes.
Even on the County's ultimate plan the west side right-of-way would stay where it currently is and all
new right-of-way would come off existing undeveloped areas.
Councilmember Carlson asked if by accepting this it would put the City in a position to provide 120
feet of right-of-way instead of 100 feet. Community Development Director Grochala stated he thinks
if development took place, the City would require 120 feet along Hodgson Road which would be
consistent with the City's Zoning Ordinance and street standards since it is adjacent to a County road.
Then Anoka County would have the authority to review and require right-of-way width for
improvements that would be required out there. South of Birch Street as part of plat review, Anoka
County would request what they ultimately need for their long-range plans.
Councilmember Carlson asked if the City is obligated to provide that.
City Attorney Hawkins stated his opinion that Anoka County has review authority but cannot legally
force the City to take 120 feet of right-of-way. However, Anoka County can take it themselves.
Councilmember Carlson stated that a lot of the contention between the City and Anoka County is the
right-of-way requirements and she hoped they could come to an agreement with the County for
improvement of that road but the County has already rejected the City's 100 -foot proposal that
included a median and four lanes for most of the distance. Councilmember Carlson stated staff s
answers have helped to alleviate some of her concerns, however, she shares Councilmember Dahl's
concern about funding since the City's Comprehensive Plan says if it is to be put in, the developer is
to fund those improvements.
Councilmember Carlson noted the reference to posting a letter of credit of up to 40% of the cost to
install the traffic signal but she thought a letter of credit was a higher percentage. Community
Development Director Grochala explained how the letter of credit amount is calculated and noted it
would actually be 150% of the developer's share.
Councilmember Carlson asked if the same can be required of Bruggeman.
Councilmember Carlson stated her other concern relates to what Mr. Bening raised regarding the
Charter and the City not being able to use money for landscaping. She asked if the City is going to do
improvements and landscape on Highway 49.
Community Development Director Grochala stated that is to be decided but if it fell to the City to
complete this project, short of going to a voter approved referendum, City funds cannot be used for
that project. However, MSA funds could be used for that type of work.
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Councilmember Carlson asked what will happen with the turn lanes if a signal is put in. Community
Development Director Grochala stated the County concept plan shows construction of a southbound
left turn lane for Birch Street and allowing a through lane.
Councilmember Carlson asked if by doing this it finalizes or commits the City to the Anoka County
design for Highway 49. Community Development Director Grochala stated it would not. He stated
the intent is to move forward and create a plan the City can live with. However, the "X" factor is
whether Anoka County will participate in the cost if the plan does not meet their criteria for long term
plans.
Community Development Director Grochala stated the intent is ultimately that what is shown on the
plan is a good comprehensive project to address the signalization, turning movements for all proposed
developments, and addresses the Ware Road offset. The issue is the need to get other parties to
participate in the cost. He stated the signalization project expands the work to include turn lanes and
alignment so all the "players" are needed to pull that off.
Councilmember Reinert stated he likes this development and thinks it is well done and would be an
asset in this location. However, he is concerned about the traffic problems it will create. He stated he
is still not sure he understands exactly what the City will be getting.
Councilmember Reinert asked how, what, and when. He stated there is a contribution for one-half the
cost of the signal and asked what would be signalized, a reconstructed road or the road as it is today.
Community Development Director Grochala stated it would be a road modified, from what it is today
but short of a reconstructed road. The road would have a left turn lane for southbound Hodgson Road
as well as for a right turn onto Ware Road.
Councilmember Reinert asked how that would be done and paid for. He stated he doubts that Anoka
County is going to "fork over funds" unless their grand plan is constructed. Community
Development Director Grochala stated he would like to pursue that option by sending them a letter.
Councilmember Reinert stated that answer is not known tonight but the Council must act on this
tonight. He stated he does not see anything "concrete" regarding financial funding from Anoka
County as of tonight. So, the Council is left with the option of the developer or City paying for it.
Councilmember Reinert asked if Municipal State Aid (MSA) funds can be used. Community
Development Director Grochala stated that is correct. Councilmember Reinert noted those funds are
already short due to other projects being funded and promised to residents.
Councilmember Reinert noted this development project would create twice as much traffic through
that area twice a day and to fund that would push back other projects. Or the Council would have to
consider some type of bonding which would ask the citizens to pay for it.
Community Development Director Grochala clarified that bonding would be on the MSA system.
• The City gets about $500,000 from MSA and has a balance of about $2 million with $5.5 million
worth of programmed MSA expenditures over the next three years. Bonding would bond against the
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
MSA account so it would not be a General Fund levy, but a bond against the MSA revenues to
advance those dollars for project use. From that perspective this is a $200,000 project with the City
paying a share of it so the share of bonding for this intersection would be a relatively small portion for
that type of bond.
Councilmember Reinert stated he is looking at how it would be paid for, and when it would be done
in relation to the project itself due to the traffic problems it would create.
Mayor Bergeson stated another potential funding source would be the Miller Farm project since that
may require rezoning or other accommodation from the City. He stated the City may be in a
bargaining position and able to get some contribution for the signal.
Councilmember Reinert noted it would cost about $200,000 to improve it to a point where it would
make sense to do this development and asked when those road improvements and signalization would
be completed.
Community Development Director Grochala stated if it comes to at point that the signal wasn't
moving forward and they are just putting in turn lanes, then we would have the Birch Street section
and turn lanes installed prior to the first store opening. He explained that with the entire project it is
hard to give a definite estimate but he would think 2004. He stated there are processes that need to be
followed as well as timing for funding. Community Development Director Grochala stated they need
to evaluate additional impacts on the northern part, wetland mitigation, etc. He stated development
on the Miller Farm property is anticipated but it will probably be four to five months before approvals
would be considered. He estimated the improvements could be completed in two years, which is still
ahead of the Anoka County schedule.
Councilmember Reinert asked if the City needs permission from Anoka County for this plan.
Community Development Director Grochala stated they would need Anoka County permission for
plan approval. However, it has appeared in the meetings he had with Anoka County that they would
let them construct similar to what is shown on the concept plan. He stated that is when the issue of
Anoka County cost participation will come up.
Councilmember Reinert asked if the tenants discussed initially are the same.
Rockne Goertz, Spirit Hills developer, reviewed the names of the tenants and stated they are the
same. He stated all know him well enough to know he will "dog" Anoka County to get it done. He
stated in "real life" it will take nine months to construct the building and they anticipate the
development to fill in two years. If that occurs by the spring of 2005 they will be happy. He stated
staff has held discussions with the developer across the street and they have indicated a willingness to
participate. He stated they are professionals and he doubts they will walk away from development for
a cost of $75,000. Mr. Goertz noted that a temporary signal is more in the neighborhood of $90,000
so with the other developer the City would not have any costs. He stated if no progress is made in one
year from now, that can be discussed. With that option, the neighborhood is safe and the City gets a
• nice building.
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Councilmember Reinert stated he wants the intersection to be safe.
Mr. Goertz stated in his conversations with Anoka County, his impression was for a willingness to
participate to get this project to move forward. He stated he has been working with Jon Olson of the
Anoka County Highway Department and found him to be a very straightforward person. Mr. Goertz
agreed this is a bad intersection and has been that way for six to seven years. He stated he thinks he
has done everything possible within his power and has answered all the questions. He stated his
attorneys have indicated it may not be his responsibility to contribute toward the signal but he is
willing to do so to move the project forward. He stated he will also address the landscaping concerns
expressed by Councilmember Carlson.
Mr. Goertz stated his urgency now is to get some grading done and install the frost footings so they
can work during the winter months. He stated he can provide the City with periodic updates if
desired.
Councilmember Carlson stated three Councilmembers have expressed concern about getting the
signal done at no cost to the City. She stated she understands Mr. Goertz's comment about who is
responsible for this signal. She referred to the Comprehensive Plan which says the City will not
approve a project that is premature based on certain criteria, one being the lack of adequate roads or
highways. She stated without that turn lane it is at Level F of service. Another point is requiring
infrastructure associated with new development to be financed by the developer. She stated Mr.
Goertz will not be the only developer but the intent of the Comprehensive Plan is for the City to not
have to pay for the costs. She stated the City has to get the 62nd Street, Elm Street, and Holly Drive
projects done. Thus it is critical for the City to not contribute toward this signal.
Mr. Goertz stated if the project to the south does not move forward, they will have to come back to
the Planning and Zoning Board and find a way to make it work. He stated he has been working in
Lino Lakes for 25 years and not yet done a bad project. He stated he will not have a bad project now
either. He stated if the day care cannot open by the end of July, he will lose that tenant so it is
imperative that he can start grading. Mr. Goertz stated he is willing to raise the level of the letter of
credit if that would help.
Councilmember Reinert stated an approval is needed from Anoka County on the road design and
asked who would do the construction of the agreed-upon design.
Community Development Director Grochala stated in this type of situation the City or developer
would construct the roadway.
Councilmember O'Donnell stated the questions he had have already been raised by his fellow
Councilmembers.
Councilmember Carlson reviewed language contained in Ordinance No. 08-02, Special Provisions,
Section 3A which indicates:
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
"Minor variations from the approved plans may be approved by the City's Development
Review Committee, under the direction of the Community Development Director. Substantial
departures from the approved plans will require an amendment to the Planned Development
Overlay (PDO)."
Councilmember Carlson asked what ordinances established the City's Development Review
Committee and who the members are.
Community Development Director Grochala explained that the Development Review Committee is
listed under the site plan review and comprised of him, the City Attorney, City Planner, Building
Officials, Public Services Director, Police Chief, Fire Chief, and Environmental Specialist. He stated
this same language was included in the Target PDO. He explained that this language is included with
PDOs since the plan allows flexibility and there are always question about if a change is made, such
as in the trees to be planted or turning radius, does it require an amendment of the ordinance or is it
consistent with the overall intent.
Community Development Director Grochala stated if a building was to be relocated that dramatically
changed the site, it would require an amendment to the PDO and rezoning.
Councilmember Carlson noted that citizens have come forward about a condition of approval being
changed and asked what "minor variations" are. Community Development Director Grochala stated
it would be a minor change to the site details and any changes to the conditions of approval are not
changeable by staff short of coming back for Council action.
Councilmember Dahl stated Councilmember Reinert raised some questions she did not think of. She
asked when the Bruggeman Homes development will it happen. Community Development Director
Grochala stated they have been looking at the site since June so he estimates they will submit a plan
for rezoning and site plan for the commercial aspect as early as January of 2003.
Councilmember Dahl asked if the City would have to pay the initial 50% of the cost if the signal is
put in but the process has not gotten to a point with Anoka County deciding whether they will or will
not join. Community Development Director Grochala explained that timing is the issue and short of
doing a Chapter 429 process, it would be preferable to get all the components together prior to
commencing.
Councilmember Dahl asked if the City has to put up the other 50% initially if Anoka County does not
cooperate. Community Development Director Grochala stated the City would put money up until it is
known there are no other alternatives.
Councilmember Dahl asked who would be paying for the a left turn lane on Highway 49.
Community Development Director Grochala stated it would be cost shared.
Councilmember Dahl asked if the City would have to pay for it if Anoka County does not pay for it.
Community Development Director Grochala stated that is a potential.
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Councilmember Dahl asked if this is "dead in the water" if Anoka County refuses to participate.
Mr. Goertz stated it is his understanding that it is their (the developer's) responsibility to do the turn
lanes. Or if the other developer is involved, then they would cost share.
Councilmember Reinert asked if the dollars toward the signal could be assessed back to the Miller
Farm project when that proceeds. He noted in that scenario, the road improvements and signal can
proceed, the development project proceed, and the cost be assessed back to the Miller Farm property
when it proceeds.
Mr. Goertz stated the worst-case scenario is that the Miller Farm project does not proceed in the next
two years but then it is likely that he (Goertz) would purchase the property and end up paying for that
share.
Councilmember Dahl stated that it appears the left turn lane would not be bonded for against the
City's MSA funds. Community Development Director Grochala stated that would not be done but
should everything else fall apart, the City has the option to do that.
Councilmember Dahl asked if staff would put that in the developer's agreement, with the City
Attorney's approval, so the City does not pay for it and the development would fund that.
City Attorney Hawkins stated his opinion that the developer indicated he would fund the turn lanes
and temporary signal, which would be his contribution. To go beyond that, the Council would have
to determine a funding source.
Councilmember Dahl stated this Anoka County letter was not received until the past Friday so she has
a lot of questions.
Mayor Bergeson stated the public hearing has already been held but there are several residents in
attendance. He asked if they would like to make comment.
Bruce Pruitt, 6517 Hokah Drive, stated he has been involved since the beginning and at the public
meetings. He stated he has no objection to Rockey Goertz developing the land he has purchased,
however, he has questions about the way the land is developed. Mr. Pruitt stated a rezoning from
residential to commercial is being requested and things have progressed from low -impact 9:00 a.m.
to 5:00 p.m. businesses facing on Birch Street to grandiose high -impact businesses. He stated it was a
low impact project with public benefit but now it looks more like it is becoming a public nuisance
rather than a public benefit. He stated as the stakes get higher, there are more questions so he is
asking the Council to vote against the rezoning until all the "ducks are in a row" and plans solidified
on what will happen in this area and to assure that is the way it will go. He stated that then Mr.
Goertz can bring plans in for a beneficial development.
No one else from the audience requested to address this issue.
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i. Consider First Reading of Ordinance No. 08-02 Rezoning of GB/PDO
Mayor Bergeson stated he would entertain a motion to rezone.
Councilmember Reinert moved to approve FIRST READING of Ordinance No. 08-02, Amending the
Zoning Ordinance of the City of Lino Lakes by Rezoning Certain Real Estate from R-1, Single
Family Residential to PDO, Planned Development Overlay. Councilmember O'Donnell seconded the
motion.
Councilmember Dahl stated the City has a 60 -day rule and asked if that time limit is on the rezoning
and/or the site and building review CUPs. City Attorney Hawkins stated his opinion that it is on the
rezoning request. Community Development Director Grochala stated the site and building review is
part of the rezoning action.
Councilmember Carlson stated her concerns tonight related to landscaping and she has been assured
that will be addressed by staff. Community Development Director Grochala stated that is correct.
Councilmember Carlson explained that the issue of rezoning is part of the City's Comprehensive Plan
that was also approved by the Metropolitan Council. The Council's consideration of the rezoning
request is part of that law and has been worked on by some since 1997. She stated the Council started
its review in 1999 and did not change that until Rockne Goertz asked to change some of the multi-
family to single-family which placed single-family directly across the road from commercial. She
noted that issue will be addressed by the landscaping. Councilmember Carlson noted that the Council
is following the Comprehensive Plan.
Councilmember Carlson stated Condition #5 will address the issue of resolving the traffic issue. She
stated she thinks the Council has the assurance that it will be paid for without City funds but the
maximum would be $75,000 which would be temporary until collected from Bruggeman. She stated
she is comfortable this will be done.
Councilmember Carlson stated her mind was undecided at the beginning of the meeting but she will
support the motion after the discussion, answers, and agreements that have been set forth.
Councilmember Dahl asked if the Council needs to amend the ordinance that there would be no cost
to the City.
City Attorney Hawkins stated his opinion that should not be in the ordinance and while there has been
conversations that there may be some cost, it is understood that will not be the case.
Councilmember Reinert stated a roadblock may be approval by Anoka County and asked if this or the
next consideration should be contingent upon approval by Anoka County.
Mayor Bergeson stated that is not a concern for him because the design being worked from is the one
• received from Anoka County. He stated this is much different than other discussions about Birch
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. Street where the City started with their own plan and wanted Anoka County to agree with it. In this
case, it started with an Anoka County sketch so he does not share that concern.
•
Community Development Director Grochala noted the Anoka County letter says to "build this."
Councilmember Reinert stated that if Anoka County approval is granted then there is not another
hurdle for this to move forward. Community Development Director Grochala explained that timing
may be an issue.
Councilmember Reinert stated he does not want this to turn into an opportunity for Anoka County to
say the City needs this road and then force their "monster intersection" plan on the city. Community
Development Director Grochala stated Anoka County could not require the City to build that big
intersection.
Mayor Bergeson stated he would like to compliment the developer on working with the City through
this process which resulted in a quality plan that will be an asset to that neighborhood and the entire
community. He stated tonight the Council is faced with approving or not approving. If not approved,
there is high likelihood that eventually there will be something on that property of lesser quality than
what is being proposed tonight.
Mayor Bergeson stated the signal has been discussed for ten years or more and it has been the position
of the City and various Councils that they need to move toward a signal at that intersection for safety
and convenience needs. Now the City has the opportunity to get half of the signal paid for and,
hopefully, all of the signal paid for eventually. Mayor Bergeson stated in terms of an Anoka County
commitment, he thinks Councilmember Carlson raised some issue with commitments Anoka County
had made in the past and recalls numerous times they have indicated they had a responsibility both for
that intersection and for the bridge. Mayor Bergeson stated he thinks that in working with the
developer, the City would be in a good position to remind Anoka County of their overall
commitments and promises made in the past. He suggested that Anoka County, long term, has the
responsibility for that corridor and the City is facilitating getting some of that work done and should
be aggressive to remind Anoka County of their obligation and previous promises.
With regard to the right-of-way, Mayor Bergeson stated he does not agree that getting adequate right-
of-way around that intersection would push the City to a commitment of a bigger road. He stated it is
important to get adequate right-of-way because if the right-of-way is too skimpy, the road will be built
too close to some parcels and in future the City may have to acquire more right-of-way, which would
be problematic and expensive at that point. He stated he supports obtaining adequate right-of-way to
assure good engineering and design of the intersection and roadways. He stated he is in support of the
motion.
Councilmember Carlson stated Councilmember Reinert had suggested some language be included
and maybe it would not be a condition but, rather, a finding of fact in the ordinance as follows:
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Section 1. Findings, subset 5.
5. Traffic generated by the proposed use is within capabilities of streets serving the
property in conjunction with the public improvements proposed. The required public
improvements are those designated in Anoka County concept plan dated November 20, 2002.
Traffic generation by the proposed use is within the capabilities of the streets directly serving
the property in conjunction with the required public improvements. The proposed
development will assist with the improvement of the Birch/Hodgson intersection
signalization.
City Attorney Hawkins stated no objection to include that language in the Findings section rather than
the operative portion of the ordinance.
Councilmember Reinert stated that would help relieve some of his concern.
Councilmember Reinert voted yea. Councilmember O'Donnell voted yea. Councilmember Carlson
voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea.
Motion carried unanimously.
ii. Consideration of Resolution No. 02-88, Approving Site and Building Plans,
Condition Use Permit
Councilmember Carlson noted the developer has agreed to work on additional screening.
Community Development Director Grochala recommended that language be added as Condition #11
as follows:
11. The landscaping plan shall be modified to include additional screening along Ware Road
and shall include additional coniferous trees.
Councilmember Carlson moved to adopt Resolution No. 02-88, Approving the Site and Building
Plans and Approving Conditional Use Permits for a Motor Fuel Station, Accessory Drive Through,
and Day Care Facility Spirit Hills Neighborhood Commercial Center, subject to 10 conditions plus
Condition 11 as indicated above to address additional screening including coniferous trees.
Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-88 can be found in the City Clerk's office.
Consideration of Resolution No. 02-169, Approving Final Plat, JADT Addition, Michael
Grochala — Community Development Director Grochala indicated the City Council approved the
preliminary plat on September 9, 2002 and the developer has submitted a final plat for approval. The
plat conforms to the approved preliminary plat. The development agreement was approved by the City
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
Council on October 14, 2002. The executed agreement and all required securities have been
submitted. Title information has been submitted to the City Attorney for his review. Community
Development Director Grochala advised City staff recommends the adoption of Resolution No. 02-
169, Approving Final Plat, JADT Addition.
City Attorney Hawkins advised that he has not yet received the missing title information. He stated
this is an administrative matter and suggested approval contingent upon his review of that
information.
Tim Baylor, JADT Addition, stated that information is anticipated and he expects no problems.
Councilmember Dahl moved to adopt Resolution No. 02-169, Approving the Final Plat for JADT
Addition, contingent upon review and approval of title information by the City Attorney.
Councilmember Carlson seconded the motion.
Mayor Bergeson noted that the grading of this site is almost completed and it looks like it will be very
nice.
Motion carried unanimously.
Resolution No. 02-169 can be found in the City Clerk's office.
Authorize Execution of Contract with Short, Elliott, Hendrickson, Inc. (SEH) to Prepare a
Storm Water System Map, Michael Grochala - Community Development Director Grochala
advised that the City does not currently have a stormwater system map. Short, Elliott, Hendrickson,
Inc. (SEH) has submitted a proposal to prepare a map of the City's stormwater conveyance system.
The map will serve as a supplement to the City's Surface Water Management Plan being prepared by
TKDA. A map of the City's stormwater system is needed to satisfy the requirements of the NPDES
Phase II permitting requirements. The mapping is needed for on-going operation and maintenance
purposes.
Community Development Director Grochala stated SEH is proposing to prepare the map for a cost of
$20,000. The proposed services will be funded by the Surface Water Management Fund. Once
completed, the map will be easily updated as new projects expand or alter the system.
Councilmember Reinert moved to approve authorization to execute an agreement with SEH, Inc. to
prepare a Stormwater System Map for a cost of $20,000. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Consideration of Resolution No. 02-171, Approving Change Order No. 1 and Payment Request
#5 for Lake/Apollo Improvement Project, Jim Studenski - City Engineer Studenski advised that
the Lake Drive/Apollo Drive project has been substantially completed and the few remaining punch
list items are currently being addressed. Through the construction phase, Anoka County and Rice
Creek Watershed District (RCWD) required changes to the project. Anoka County required
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
additional traffic control for notifying and directing traffic. They also required additional signage for
the signal system. RCWD required additional ponding at the intersection of 77th Street and Lake
Drive.
City Engineer Studenski explained the Change Order also addresses the reduction in bituminous
quantities that were in excess of material needed to complete the work. Due to weather conditions at
the start of the project, the completion date was extended to July 24, 2002, which still met the City
deadline requirements for the adjacent parcels. It is staff's recommendation to approve Change Order
No. 1, which results in a total project cost reduction of $1,300.25 and authorize Payment #5.
Councilmember Dahl moved to adopt Resolution No. 02-171, Approving Change Order No. 1 and
Payment Request #5 for Lake Drive/Apollo Drive Improvements Project. Councilmember Carlson
seconded the motion.
Motion carried unanimously.
Resolution No. 02-171 can be found in the City Clerk's office.
Consideration of Resolution No. 02-172, Amending DRTF By -Laws, Michael Grochala —
Community Development Director Grochala explained that in January of 2002, the City Council
established the Development Regulations Task Force (DRTF) for the purpose of reviewing and
recommending proposed amendments to the City's Zoning and Subdivision Ordinances to implement
the City's Comprehensive Plan. To insure timely completion of the project, the Council adopted By-
laws for the task force that included a November 30, 2002 termination date.
Community Development Director Grochala explained that staff had intended to complete the
ordinance review process at the November 21, 2002 DRTF meeting. However, the DRTF was unable
to complete a satisfactory review of the final two sections covering General Provisions and Planned
Unit Developments. Given the importance of these two sections, the DRTF did not want to approve
them without a more thorough examination of the issues. Additionally, due to the upcoming
Thanksgiving holiday, the task force was unable to set a meeting date prior to the stated termination
date. As such, the task force is requesting a thirty day extension to complete the work. In anticipation
of Council approval, the task force has scheduled a meeting for Thursday, December 5, 2002 to
complete the final items.
Community Development Director Grochala explained that he and City Planner Smyser looked at
what this extension would do to the schedule. The originally proposed schedule anticipated
completion of the DRTF review in November and forwarding of the draft Zoning Ordinance to the
Planning and Zoning Board for action in December. Extending the DRTF deadline will necessitate
the need to shift the Planning and Zoning Board review to January and consequently the Council
review to February. The moratorium on residential development is scheduled to expire on February
22, 2002. The first and second readings of the ordinance by the Council would then be held on
February 10 and February 24, 2002, respectively. Following Council approval, the ordinance would
be published on March 3, 2002 and, in accordance with City Charter provisions, effective 30 days
after on April 2, 2002. So, there will be about a month between the expiration of moratorium and
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
effective date. However, given timelines and requirements for review the earliest someone could
submit application for residential subdivision would be February 22, 2002. Staff would not have time
for review of that project to forward it for the March Planning and Zoning Board meeting so it would
automatically have Planning and Zoning Board consideration in April and end up at Council in May.
By then the ordinance would be effective and within 120 days for agency action so the City would not
be required to approve anything not consistent with the ordinance.
City Attorney Hawkins stated his opinion that this is correct.
Community Development Director Grochala stated this will build in more time to get something put
together for the Planning and Zoning Board consideration and staff will schedule a Planning and
Zoning Board work session to review this substantial amount of information and give then two
opportunities for review in January.
Community Development Director Grochala stated the DRTF has done a respectable job of reviewing
this substantial amount of information and included good negotiation on the issues raised.
Councilmember O'Donnell stated that he took accountability for having staff come forward with this
request to extend the DRTF. He stated they had every intention to complete it in time but he made
the request to present the extension request.
Councilmember O'Donnell explained that the General Provisions and Planned Unit Developments
are very important and some task force members felt strongly the need to have extensive discussion.
It was already into the third hour of meeting time so rather than push through it or limit discussion, he
recommended a request for extension be presented to the Council.
Councilmember Reinert congratulated Councilmember O'Donnell for assuming the large
responsibility to chair this task force and bring it in on time. He stated that going into the
moratorium, his biggest concern was to get this done in a timely manner. Councilmember Reinert
thanked Councilmember O'Donnell for his leadership and taking the time away from his family to
accomplish this task
Councilmember O'Donnell thanked Councilmember Reinert for this recognition.
Councilmember Carlson moved to approve Resolution No. 02-172, Amending the Article VI., of the
Development Regulations Task Force By -Laws. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-172 can be found in the City Clerk's office.
UNFINISHED BUSINESS
• Consideration of October 14, 2002 City Council Minutes
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APPROVED COUNCIL MINUTES NOVEMBER 25, 2002
Councilmember Carlson requested that the October 14, 2002 City Council Meeting Minutes be
removed from consideration at this time. She stated she would like the video tape to review because
about ten minutes of the beginning of the tape is not audible.
NEW BUSINESS
Consider November 12, 2002, City Council Meeting Minutes
Councilmember Dahl moved to approve the November 12, 2002 City Council Minutes, as presented.
Councilmember O'Donnell seconded the motion.
Motion carried unanimously.
COMMUNITY CALENDAR NOVEMBER 26, 2002 THROUGH DECEMBER 4, 2002:
Thursday, November 28, 2002, City Hall Closed, Thanksgiving Day.
Friday, November 29, 2002, City Hall Closed.
Monday, December 2, 2002, 6:30 p.m., Park Board Meeting.
Wednesday, December 4, 2002, 6:30 p.m., Environmental Board Meeting.
Wednesday, December 4, 2002, 5:30 p.m., Council Work Session.
Monday, December 9, 2002, 6:00 p.m., Truth in Taxation and City Council Meeting.
ADJOURN
There being no further business, Councilmember O'Donnell moved to adjourn at 9:32 p.m.
Councilmember Dahl seconded the motion.
Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, December 16, 2002.
Ann Blair, ('ijy Clerk John Bergen, Mayor
Transcribed by:
Carla Wirth
• TimeSaver Off Site Secretarial, Inc.
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