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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. 1 • • 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. 2 APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 • PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA • • 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. 3 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 • 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 4 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. • 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 5 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. • • 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 6 1 APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 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 7 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 • 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. 8 APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 • 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. • 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, 9 • • • APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 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: 10 APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 • 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. 11 • APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 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. 12 • • • 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. 13 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. 14 • • 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 15 • • 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 16 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. • • 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. 17 • • 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. 18 • APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 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. 19 • APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 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 20 • 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. 21 • APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 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: 22 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. 23 • APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 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. 24 APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 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 25 APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 . 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: 26 • APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 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 27 • 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 28 • 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 29 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 30 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. 31