Loading...
HomeMy WebLinkAbout01/27/2003 Council MinutesAPPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : January 27, 2003 6 TIME STARTED : 6:32 P.M. 7 TIME ENDED : 10:41 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and 9 Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Linda Waite Smith; City Clerk, Ann Blair; Community 13 Development Director, Michael Grochala; Finance Director, Al Rolek (part); City Engineer, Jim 14 Studenski; City Planner, Jeff Smyser (part); Associate Planner, Tanda Gretz; City Fire Chief, Milo 15 Bennett (part); and City Attorney, Bill Hawkins. 16 17 SETTING THE AGENDA 18 19 Mayor Bergeson noted that Item 7D, Consideration of Resolution No. 03-11, Minor Subdivision and 20 Variances for James Keefe, has been withdrawn from the agenda. 21 22 The agenda was approved as amended. 23 W24 CONSENT AGENDA 25 26 Councilmember Carlson moved to approve the Consent Agenda, as submitted. Councilmember 27 Reinert seconded the motion. 28 29 Motion carried unanimously. 30 31 ITEM ACTION 32 33 A. CONSIDERATION OF EXPENDITURES: 34 35 i) January 27, 2003 (Check No. 67211 - 36 67351, $425,930.23) Approved 37 38 ii) Centennial Fire District (Check No. 13598 - 39 13620, $63,805.42) Approved 40 41 B. Consideration of Resolution No. 03-14 Approving Commercial Waste Hauler License, 42 Walter's Recycling and Refuse 43 44 OPEN MIKE 45 46 A. State Senator Mady Reiter — Introduction to City Council 047 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 Mayor Bergeson welcomed Senator Mady Reiter to the meeting and indicated she will be providing a • 2 legislative update. 3 4 Senator Reiter introduced herself stated she is proud to represent a portion of Lino Lakes. She also 5 represents Circle Pines, Lexington and Shoreview. She stated she has been assigned to the 6 Transportation Committee, the Commerce Committee, which has recently been combined to include 7 cable communication and most of the utilities, and to State Government Budgets. 8 9 Senator Reiter indicated she was here to talk briefly about the four and one-half billion dollar deficit 10 in the spending budget. She stated that the economy right now is going okay in Minnesota, but has 11 not come all the way back since the September 11, 2001 tragedy. 12 13 Senator Reiter indicated the State loss in capital gains has been nine million dollars, and combined 14 with the health care costs has hurt the State budget. She added that Northwest Airlines revenues have 15 had a part in the deficit also, with fewer people traveling. 16 17 Senator Reiter stated one thing being looked at is a two-year freeze on salary increases on all levels of 18 government. She indicated anyone who campaigned extensively during the previous election 19 received a clear message that tax increases would not be tolerated. In light of this, a freeze is 20 necessary on all levels of government from State through cities, school districts, watershed districts, 21 etc. She indicated there are 25,000 employees at the University of Minnesota, and while they cannot 22 tell the University specifically they cannot increase salaries, they can take away $10 million in aid, 23 which would force them to make that decision themselves. She stated there were 129,000 employees • 24 in school districts and 40,500 in county positions. She indicated she didn't have the exact number of 25 city employees. She added that every police officer, fire department employee, anyone due to receive 26 an increase is not going to get it. She stated that with this freeze the senators are supposed to receive 27 a 12 percent raise, which obviously they won't do. 28 29 Senator Reiter indicated there are a few areas they've been told are off limits, including K-12 30 education. She indicated a task force has been formed to look at the allocation of funds per district, 31 and they have to get a handle on it. She stated currently Minneapolis receives $16,000 per student, 32 and St. Paul receives $11,000 per student, whereas Lino Lakes and other areas receive only $6700 or 33 $6800 per student. She indicated they need to look at the pieces that drive how that amount is 34 determined, and property taxes will be looked at also. She added Homeland Defense is also off 35 limits. She stated Lino Lakes is very frugal. They receive only $157,000 in state aid. Senator Reiter 36 stated that while she is not a proponent of holding back salaries, the taxpayers will hold government 37 in line and she is here to ask for support from the City. 38 39 City Administrator Waite Smith asked if multi-year union contracts would be hampered by this action 40 as well. Senator Reiter stated her assumption would be that anything in progress would go forward. 41 She indicated the State has not approved the freeze yet. 42 43 City Administrator Waite Smith indicated there were three items on the agenda to approve this 44 evening, including a union contract that is a year old already. She asked if they should continue with 45 those items or if they should be tabled until further information comes out. Senator Reiter indicated 46 she would defer to the City Attorney to make that decision, as it could take the entire session to • 47 decide to move forward. 48 2 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 City Attorney Hawkins stated his recommendation would be to go forward with business as usual. • 2 He stated the Council cannot stop conducting business based on what might happen. 3 4 Senator Reiter stated she does not know how to advise the Council at this time, as she does not know 5 what will happen. 6 7 Councilmember Carlson indicated that in Toni Coleman's column recently she interviewed 8 Lieutenant Governor Molnau, who talked about legislation she hopes to be involved with to help 9 speed up projects for Mn/DOT. She stated the article didn't go into detail and asked if the Senator 10 could provide any more information on this subject. 11 12 Senator Reiter stated it is still the plan to use bonds for several major projects. She indicated she has 13 authored or co-authored many projects herself and knows Mn/DOT is looking at several different 14 areas, including bridge projects both in the Lino Lakes area and in Anoka. She stated the projects are 15 still going forward, indicating the County has to participate in the bridge projects. She commented 16 that she still presumes funds could come from tobacco money. 17 18 Councilmember Carlson asked if Mn/DOT would be looking for local participation. Senator Reiter 19 stated that where the State can get help locally to further a project they do. She stated that in 20 Shoreview they participate in many of the projects. She indicated she is meeting with two people 21 from the governor's office to discuss, and if she can suggest that Lino Lakes would be interested in 22 participating in some local projects she will do that. 23 S 24 Councilmember Carlson stated this is a tough situation to have come before them and not really know 25 where it is going. Senator Reiter stated her party feels strongly that they have to look at everything, 26 because it may be part of what they have to do in the end. She indicated they would look at 27 everything else to see if raises and salaries can be accommodated. 28 29 Mayor Bergeson stated the aid Lino Lakes receives from the State is $157,000. He asked if that 30 would be frozen or eliminated. Senator Reiter stated some Legislators would love to do away with it 31 completely. She stated that there is not a hard formula to determine how much each city receives. 32 She had asked for the formula in 2001 and again in 2002 and it does not exist. She indicated some 33 people feel the process is unfair, and there are groups in favor of the current way of determining the 34 amount, and others against it. She indicated that in the Sunday paper there was a review about 35 Austin, showing Austin receives 78% of their budget from the State. She commented that this 36 amount allows them to do things other cities cannot. She stated that the amount Lino Lakes receives 37 is probably less than 1 percent of their budget. She believes something will happen with this 38 disparity. 39 40 Mayor Bergeson asked the Finance Director to comment on what portion of their budget was State 41 aid. Finance Director Rolek indicated it was about 2 percent. 42 43 Mayor Bergeson indicated that one of the issues with their participation in the transportation projects 44 was that Lino Lakes is a charter city. This means they have significant limitations on what funds can 45 be spent on road projects and improvements, and may be limited in participating. Senator Reiter 46 indicated that her understanding of Mn/DOT is that they are not looking for funds from each city for • 47 their projects, only if a city wants to do more than the scope of Mn/DOT's project to be completed at 3 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 the same time. She cited 694 as an example, where Little Canada, Shoreview and Maplewood were 2 consulted and designed trails on bridges and other improvements. 3 4 Senator Reiter thanked the Council for doing their part. She asked that the Council let her know if 5 there is anything happening that they feel is harmful for the city. Mayor Bergeson asked if Senator 6 Reiter would come back in a few months and update the Council. She indicated she had a Town Hall 7 scheduled in Lino Lakes on February 6th at 7:00 p.m. 8 9 Councilmember Reinert asked about the possible wage freeze being presented to the cities. He asked 10 how that would help the State budget, since it is paid by the general fund. He does not see how that 11 would help the State. Senator Reiter indicated that the voters have made it clear they do not want any 12 tax increases. She stated if individual cities grant increases they would probably have to raise 13 property taxes to regain that money. She indicated this is an across the board approach, adding that 14 she just heard this information today as well and does not understand it completely. 15 16 Senator Reiter indicated that the vast majority of the thirteen new senators that were just elected came 17 from local government, whether mayors, council members or board members. She stated that it is 18 difficult for them to implement this type of situation at a local level because they all know what the 19 local government goes through. She commented that while she does not know how this will play out, 20 she knows that the approach is that if it is going to be done to one, it should be done to all. She stated 21 that the LGA needs to be looked at to determine why one city gets so much and others so little. 22 23 Councilmember Reinert stated he agrees, and doesn't understand why one city gets 2 percent and •24 another gets 20 percent. Senator Reiter stated some get 70 or 80 percent. 25 26 Councilmember Carlson noted Senator Reiter had mentioned other state funds, and asked what those 27 were. Senator Reiter indicated Municipal State aid, which is not often discussed. She stated County 28 and State aid were talked about all the time. She noted that all of the major traffic and work - 29 generated traffic was in the Metropolitan area. She indicated this is another formula that needs to be 30 looked at. 31 32 No one else was present for open mike. 33 34 FINANCE DEPARTMENT REPORT, AL ROLEK 35 36 Consider Resolution 03-10 Authorizing the Issuance of 2003 Certificates of Indebtedness, Al 37 Rolek — Finance Director Rolek noted that the 2003 budget called for the issuance of Certificates of 38 Indebtedness in the amount of $130,000 to be used for the purchase of capital equipment as part of the 39 equipment replacement program. He stated the City is transitioning from a Debt Program to a 40 Revolving Funds Program. He added that the $130,000 proposed is only a portion of the equipment that 41 needs to be replaced. He stated that the equipment would be sold to the Area and Unit Fund, which has 42 sufficient funds to purchase, and would be repaid through a Special Levy over the next three years. 43 44 Finance Director Rolek indicated that the equipment to be funded with the 2003 Certificate of 45 Indebtedness included: 46 • 3 squad cars 47 • 1 dump truck 48 • 1 plow truck 4 COUNCIL MINUTES JANUARY 27, 2003 APPROVED • 1 • 1 Half -ton pickup 2 • 1 mower for the parks 3 • A contribution to the Centennial Fire Department for their Equipment Replacement Fund 4 5 Staff recommends the Council adopt Resolution 03-10 issuing the 2003 Certificates of Indebtedness. 6 7 Mayor Bergeson asked if when the City issues a Certificate of Indebtedness to another City fund, it 8 saves on issuance fees. Finance Director Rolek indicated it does, because there are no bids that need 9 to be done and no issuance costs, so it saves them money. 10 11 Councilmember O'Donnell moved to adopt Resolution 03-10 Authorizing the Issuance of 2003 12 Certificates of Indebtedness. Councilmember Dahl seconded the motion. 13 14 Motion carried unanimously. 15 16 Resolution No. 03-10 can be found in the City Clerk's office. 17 18 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 19 20 Consider Approval of Agreement with Local 49, Dan Tesch — City Administrator Waite Smith 21 advised that the City has employees in four unions. The City has negotiated a proposed labor contract 22 with the Local 49 bargaining unit, which represents fourteen employees in the Public Works and 23 Public Services departments. The contract includes market adjustments effective January 1, 2003, to 24 positions below the average for metro area cities of similar size according to the DCA Stanton Salary 25 Survey; three percent general adjustment effective January 1, 2003; effective September 1, 2003 the 26 employer and employee will share 50/50 any increase in premiums for the lowest priced family health 27 care plan; ten dollar increase in annual clothing allowance for each contract year; and a change to the 28 pay for being required to carry on-call pager, from $20 per day to one hour of pay at employee's 29 current rate for each day required to carry pager. This is a very small difference. She stated a new 30 provision of the contract is double pay for being called out on Thanksgiving or Christmas weekend, if 31 the weekend is connected to the holiday. 32 33 City Administrator Waite Smith stated it is Staff s recommendation that the Council approve the 34 proposed 2003 labor contract with Local 49. 35 36 Mayor Bergeson stated that in spite of comments earlier, the City has spent a lot of time negotiating 37 and reviewing and coming to the terms of this contract. He feels the City should move ahead with 38 approval. 39 40 Councilmember Reinert stated he agrees. He indicated the proposal is new, and not approved yet, and 41 stated a lot of what gets proposed downtown does not happen. He recommends that the City move 42 forward and see what happens as time progresses. He indicated he does not want to stop the work the 43 Council does because of a possible situation downtown. 44 45 Councilmember Carlson indicated she supports going forward. She indicated that while technically 46 Councilmembers would be able to keep their increase, as they've already received one check with the 47 increase, if it turns out a freeze would be placed on the others, she would recommend as a good 48 gesture that Council freeze theirs. She noted that it would only be about a $150.00 difference. 5 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 • 2 City Administrator Waite Smith indicated that Council has already received their increase, as have the 3 union employees with two-year contracts. 4 5 Councilmember Reinert moved to approve the agreement with Local 49. Councilmember Carlson 6 seconded the motion. 7 8 Mayor Bergeson indicated that if government at all levels is still having financial problems at the end 9 of the contract it may have an effect on future contracts, but he believes this contract has been 10 negotiated in good faith. 11 12 Motion carried unanimously. 13 14 Consider Approval of Agreement with LELS (police officers), Dan Tesch — City Administrator 15 Waite Smith advised that this is a new contract with a new association called L.E.L.S., representing 16 the police officers. This contract covers last year and this year, as the police officers were with the 17 Teamsters and switched, so the contract had to be re -negotiated with the new organization. She 18 advised that as with the other unions, a 3% annual adjustment was negotiated for both years, with a 19 one-half percent market adjustment in 2002 to bring the officers' salaries in line with officers in other 20 cities of similar size. She stated that in addition, the contract provides a $25.00 increase in both years 21 for a clothing allowance, and a $500.00 contribution towards family health insurance premiums. In 22 2003, the city and employee will split the premium increase over $500.00. She stated Staff 23 recommends approval of the contract. • 24 25 Councilmember Carlson moved to approve the agreement with LELS. Councilmember O'Donnell 26 seconded the motion. 27 28 Motion carried unanimously. 29 30 Consider Approval of Non -Union Salaries for 2003, Dan Tesch — City Administrator Waite Smith 31 advised that there are ten non-union city employees, with the other 55 city employees in unions. She 32 stated staff is recommending that these employees receive the same 2003 salary increase negotiated 33 by the city's four unions, which is three percent. In addition, staff is recommending market 34 adjustments to salaries for two positions that are below the average for similar size metro area cities: 35 Public Services Director, one percent; and Finance Director, two percent. She stated the non-union 36 employees traditionally receive the same health care benefits as unionized employees, which for 2003 37 is 100 percent coverage of the premium for single coverage and $500 plus one-half of any increase in 38 family coverage. She indicated Staff recommends approval of the salary increases. 39 40 Councilmember O'Donnell moved to approve non-union salaries for 2003. Councilmember Dahl 41 seconded the motion. 42 43 Councilmember Carlson indicated there was one comment that was not covered in the summary, 44 which is that non-union employees who received a market adjustment in 2002 would not receive an 45 increase this year. 46 ▪ 47 Motion carried unanimously. • 48 6 COUNCIL MINUTES JANUARY 27, 2003 APPROVED .1 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 2 3 There were no Public Safety Department Reports to consider. 4 5 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 6 7 There were no Public Services Department Reports to consider. 8 9 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA 10 11 Consider Second Reading of Ordinance No. 02-03, Vacating Park Land, Pheasant Hills 12 Preserve 9th Addition, Tanda Gretz — Associate Planner Gretz advised that agenda item 7A is the 13 second reading of Ordinance 02-03, the Vacation of Park land located in the Pheasant Hills Preserve 14 9th Addition, off Timberwolf Trail. She indicated that the parkland, which was to be used to provide 15 trail access to the Rice Creek Chain of Lakes, was originally shown on the Final Plat of Pheasant 16 Hills Preserve 9th Addition as located to the east of Lot 5, Block 1. The developer actually 17 constructed the parkland trail to the west of this lot, however. 18 19 Associate Planner Gretz explained that as a result of this situation, the City has acquired easements 20 from the owners of the property on which the parkland trail is located, with the trail now both secured 21 and constructed. Ordinance 02-03 seeks to vacate the original parkland, as shown on the Final Plat of 22 Pheasant Hills Preserve 9th Addition. This action was taken at the advice of City Attorney Bill 23 Hawkins. The vacated land would then revert to the two adjacent property owners, each receiving a • 24 10 -foot strip of land along their side property lines. 25 26 Associate Planner Gretz explained that as Ordinance 02-03 would vacate the original parkland and 27 conclude and finalize this outstanding issue, staff would recommend approval of Ordinance 02-03. 28 29 Councilmember Reinert moved to approve SECOND READING and adopt Ordinance No. 02-03, 30 Approving the Vacation of Park Land, Pheasant Hills Preserve 9th Addition. Councilmember Dahl 31 seconded the motion. 32 33 Motion carried unanimously. 34 35 Ordinance No. 02-03 can be found in the City Clerk's office. 36 37 Consideration of Resolution No. 02-168, Approving Site and Building Plan Review, UDOR, 38 Inc., Tanda Gretz — Associate Planner Gretz advised agenda Item 7B is an application, submitted by 39 Gordon Johnson, for a Site Plan Review for a building addition for the UDOR Company, located at 40 500 Apollo Drive. The UDOR building was first constructed in 1994 and was 6,000 square feet in 41 size. A 2,400 square foot addition was approved in 1999. The applicant would again like to expand 42 and is asking approval for a 3,600 square foot addition to be used for cold storage/warehousing and 43 testing. 44 45 Associate Planner Gretz advised that UDOR is located in the Apollo Business Park, surrounded by 46 similarly zoned businesses. The proposed addition would extend the building to the southeast, • 47 similar to the addition that was approved in 1999. Access to the addition is to be entirely internal: it 7 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 is to be an extension of the previous addition, to be used primarily for storage and some testing, with • 2 no exterior docking bays or doors proposed. All required setbacks for the addition are met. 3 4 Associate Planner Gretz explained that while the applicant has submitted no full -view elevation plans, 5 construction drawings of the proposed addition show a building constructed of rock -faced block, 6 similar to the existing building in terms of material and height. There are no additional parking stalls 7 proposed, as plans for the original building constructed in 1994 provided adequate parking both for 8 the original building and a planned 6,000 square foot expansion. 9 10 Associate Planner Gretz noted this second addition, then, fulfills the 6,000 square foot expansion area 11 envisioned in the original plans for the UDOR building. One of the conditions of approval for those 12 original plans was that landscaping be done between the building and 35W, once all additions had 13 been completed. As a result, such landscaping can now be done, and staff has made this one of the 14 conditions of approval for this Site Plan Review. 15 16 In terms of grading and drainage issues, Associate Planner Gretz pointed out that City Engineer 17 Studenski has reported that the submitted plans meet City requirements. There are several items 18 relating to drainage calculations, which were submitted after the Planning & Zoning Board meeting, 19 and still need to be addressed. These items are listed as conditions of approval, and must be 20 completed to the satisfaction of the City Engineer before building permits will be issued for the 21 project. 22 23 Associate Planner Gretz advised that this report was presented at the November 13t meeting of the 24 Planning & Zoning Board. After consideration of the issues, the Board voted to approve the proposed 11, 25 Site Plan Review, with conditions of approval. 26 27 Associate Planner Gretz stated that as the proposed addition appears to meet all requirements, staff 28 would recommend approval, with the following conditions: 29 30 1.) Silt fencing shall be staked at the top of the ponding area, rather than on the sides, to 31 prevent erosion during construction. 32 2.) No additional lighting is to be added without review. 33 3.) Landscaping should be completed within one year of issuance of the building permit. 34 4.) The trees to the east of the building are to remain preserved where possible. The applicant 35 is to allow staff to review any plans regarding removal of trees, with replacement trees to 36 be added as staff directs if any trees are removed. 37 5.) Show on the plans where all the roof drains for the existing and proposed expansion 38 buildings are located. 39 6.) Show on the plans identification for the stormwater pond overflow location along with an 40 engineered defined overflow structure that includes erosion mitigation measures. 41 7.) Show on the plans the location, size, and elevation of the proposed equalizer storm pipe 42 between the ponds. Follow the City of Lino Lakes' engineering standards in choosing 43 piping materials and installation procedures. 44 8.) Stormwater ponds will require permanent easement agreements. 45 9.) The City will require a stormwater maintenance agreement. 46 •47 Associate Planner Gretz indicated she could answer questions from Council members, and that Mr. 48 Johnson is also available to answer any questions members might have for him. 8 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 i2 Councilmember Carlson asked if the wording concerning the type of block could be added to the 3 conditions to formalize in writing the intent. Specifically it would say 'the proposed addition must be 4 constructed of rock faced block to match the existing building in terms of construction material and 5 height'. 6 7 Councilmember O'Donnell asked for clarification, as the report indicates it was approved by the 8 Planning and Zoning Board by 1-4 vote. He asked if it was clear it was approved. He then corrected 9 his statement noting that it was approved with conditions 1 through 4. 10 11 Councilmember Carlson moved to adopt Resolution No. 02-168, Approving a Site Plan Review for a 12 3,600 square foot Building Expansion for the UDOR Company (Apollo Business Park, Block 2, Lot 13 1) with the 9 conditions outlined by Staff and the 10th condition that the proposed addition be 14 constructed of rock faced block to match the existing building in terms of construction material and 15 height. Councilmember Reinert seconded the motion. 16 17 Motion carried unanimously. 18 19 Resolution No. 02-168 can be found in the City Clerk's office. 20 21 PUBLIC HEARING — Consider First Reading of Ordinance No. 03-03, Vacating Drainage and 22 Utility Easements, Lot 2, Block 2, Pheasant Hills Preserve 4th Addition, Tanda Gretz — Associate 23 Planner Gretz advised that agenda item 7C is an application from Mr. Dale Vancil for the Vacation of •24 a 295 -square foot area of a drainage and utility easement on his property, located at 1561 Merganser 25 Court, in the Pheasant Hills Preserve 4th Addition. The vacation is requested so that a home addition 26 and patio area can be constructed. 27 28 Associate Planner Gretz indicated the need for a vacation came to light when Mr. Vancil went to pull 29 building permits and was advised that the proposed project area was within an easement area. Since 30 the proposed project area was covered by turf grass and did not appear to Mr. Vancil to be part of the 31 wetland which the easement was to protect, he contacted City Engineer Jim Studenski to pursue a 32 Vacation. 33 34 Associate Planner Gretz noted that overall, the subject property is surrounded by similarly zoned and 35 guided properties, with properties to the east of it also containing large portions of their rear yards in 36 easement areas, which exist to protect a wetland to the north. The boundaries of the easement area on 37 the Vancil property — as shown on the Final Plat - are defined by the elevation of 902 feet, which is 38 the 100 -year flood elevation: thus, everything under 902 feet is under easement; everything at or 39 above 902 feet is outside the easement area. Grading on the lot, however, does not conform to 40 elevations shown on the Final Plat: there are areas within the easement area that are above the 902 41 foot threshold, and area outside the easement area that are under the 902 foot threshold level. 42 43 Most specifically, Associate Planner Gretz noted that the elevation of Mr. Vancil's proposed project 44 area is above the 902 feet threshold, even though it is shown on the final plat as existing within the 45 easement area. It is for this reason, that both City Engineer Jim Studenski and the Rice Creek 46 Watershed District have approved the Vacation of the easement area. • 47 9 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 As a result, Associate Planner Gretz explained that staff is recommending approval of this vacation, O' 2 but with a condition attached: A new survey of the lot has been done in an attempt to understand and 3 document site conditions. The survey has indicated an area to the west of the home, outside of the 4 easement area, that is below 902 feet, and thus within the 100 -year flood elevation. Due to this 5 condition, staff would recommend the following: 6 7 1.) All portions of the lot outside of the drainage and utility easement which are below the 902 -foot 8 threshold elevation must be filled so that an elevation at or above 902 feet is achieved. A building 9 permit will not be issued until the City Engineer is satisfied that this condition has been met. 10 11 Associate Planner Gretz indicated she could answer questions Council Members might have on this 12 issue, and stated that Mr. Vancil is here to answer any questions members have for him. 13 14 Councilmember Carlson asked when the lots would be graded. Associate Planner Gretz indicated this 15 would be done at the time of construction. 16 17 Councilmember Carlson indicated there are so many situations where grading plans are not followed, 18 she would like to see the regulations expanded so this does not happen so often in the future. 19 20 Councilmember Dahl moved to approve FIRST READING of Ordinance No. 03-03, Vacating a 21 Portion of a Drainage and Utility Easement for Lot 2, Block 2, Pheasant Hills Preserve 4th Addition. 22 Councilmember Reinert seconded the motion. 23 0 24 Councilmember Dahl voted yea. Councilmember Reinert voted yea. Councilmember Carlson voted 25 yea. Councilmember O'Donnell voted yea. Mayor Reinert voted yea. 26 27 Motion carried unanimously. 28 29 The City Clerk noted that a Roll Call was not completed for the Second Reading of Ordinance No. 30 02-03, Vacating Park Land, Pheasant Hills Preserve 9th Addition. Mayor Bergeson asked that it be 31 done at that time. 32 33 Councilmember Reinert voted yea. Councilmember Dahl voted yea. Councilmember Carlson voted 34 yea. Councilmember O'Donnell voted yea. Mayor Bergeson voted yea. 35 36 Consideration of Resolution No. 03-11, Minor Subdivision and Variances, James Keefe, 37 Michael Grochala — This item was removed from the agenda. 38 39 Community Development Director Grochala indicated that this item will come back before the 40 Council. He stated it is going to the Planning and Zoning Board on February 12, 2003. 41 42 Consider Second Reading of Ordinance No. 01-03, Establishing Growth Management 43 Provisions, Jeff Smyser — City Planner Smyser advised that the Growth Management Ordinance, 44 Ordinance 01-03, is the first part of the package of ordinances that will implement the new 45 Comprehensive Plan. The Subdivision Ordinance and the Zoning Ordinance are the other two main 46 pieces of the package. The Planning & Zoning Board held a public hearing on Ordinance 01-03 on ip47 January 8 and the Environmental Board heard it January 23. 48 10 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 City Planner Smyser indicated the Environmental Board had suggestions he will get into as he goes • 2 through it with Council. He stated there were a few things he wanted to point out, and distributed a 3 handout that details some additional proposed changes. He indicated he would start with the easier 4 issues and go back to the hard ones afterwards. 5 6 City Planner Smyser advised that in Section 2, paragraph 5 he would like to change the wording from 7 The goal for new growth in the city is an average of 147 new housing units 8 to 9 The goal is to limit new growth in the city to an average of 147 new housing units. 10 He stated the Environmental Board was receptive to this change. 11 12 Councilmember Reinert indicated he had no problem with this change. Councilmember O'Donnell 13 agreed. Councilmember Carlson stated that `limit' is the word used in the Comprehensive Plan so 14 she agrees with this change. 15 16 City Planner Smyser indicated he wanted to add a sentence to the end of paragraph 5 to clarify 17 something he saw in reviewing it on Friday. The sentence states 18 This 147 growth target refers to units in future plats, not to units on lots in final plats 19 approved prior to 2003. 20 21 Mayor Bergeson asked where the sentence would be added. City Planner Smyser indicated it would 22 be tacked onto the end of the paragraph. 23 24 Councilmember O'Donnell asked if this wouldn't increase the number of units. City Planner Smyser 25 stated they cannot prevent lots already approved from being built on. 26 27 Councilmember Carlson asked to have the language repeated. City Planner Smyser indicated it was 28 on the memo he passed out, and repeated the sentence wording. 29 30 Councilmember Carlson asked how long it would take the City to reach their limit. City Planner 31 Smyser indicated they were going to closely regulate the number of plats approved, but previously 32 approved plats are not included in the 147 and will not be counted. 33 34 City Administrator Waite Smith explained that the actual number of houses built in 2003 could be 35 157, with 147 on plats approved in 2003 and 10 built on plats approved in 2002. City Planner Smyser 36 confirmed that was the case. 37 38 Councilmember Carlson stated that was the question she was asking. She added there was a good 39 chance that not all the plats approved in 2003 would also be built in 2003. She asked how many 40 years it would take before the City had used up their inventory. City Planner Smyser indicated 41 probably in 2005. 42 43 Councilmember Carlson asked how that fit with limiting growth. Mayor Bergeson stated it still has 44 the word limited, and still says limited to an average growth of 147. 45 46 City Planner Smyser reminded Council that there will be phasing plans on all new plats that come in. ak 47 He stated Council will have the ability to approve only a portion with the phasing plans. For instance, mir 48 he indicated a new plat that has 150 lots could be approved for only 50 lots this year. He stated this 11 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 would be tracked on the spreadsheet created. City Planner Smyser indicated the Council could • 2 regulate the number of lots through approval of plats and phased approval of final plats. 3 4 City Administrator Waite Smith stated that concerning Councilmember Carlson's question on how 5 does this limit growth, there is another number involved of 147 times 7 years. City Planner Smyser 6 indicated that was correct. City Administrator Waite Smith stated that each year they would be 7 subtracting the number of lots approved from that higher number. 8 9 Councilmember O'Donnell indicated another guiding principal in growth management is considering 10 how many lots are in the current inventory. City Planner Smyser stated yes, but that nothing could be 11 done about what is there now. 12 13 Councilmember O'Donnell clarified as long as the number doesn't exceed the three-year lot 14 inventory. City Planner Smyser indicated this was incorrect. Councilmember O'Donnell stated that 15 one of the qualifiers states that a three-year inventory cannot be exceeded. City Planner Smyser 16 stated again that lots already approved are not part of this ordinance, and the inventory starts at zero. 17 18 Councilmember Reinert indicated the total number of homes for the seven-year period is 1029. He 19 stated that with the ability to go over the 147 units by 20 percent each year, it would be possible to get 20 to the last two years and not be able to approve anymore homes. City Planner Smyser indicated that 21 was correct. 22 23 Councilmember Reinert stated this would be a difficult situation and would be challenged if it dik 24 happens. He referred to the City Attorney as to whether the City would be on firm ground. 25 26 City Attorney Hawkins stated his opinion that the City can do this. He indicated he had given an 27 opinion at the last meeting, adding that other areas have done it successfully. 28 29 Mayor Bergeson asked about the change of wording adding the words to limit growth. He stated he 30 didn't hear City Planner Smyser say specifically what it would be. City Planner Smyser indicated in 31 Section 2, at the bottom of the page, paragraph 5, where it says goal for new growth it would now 32 read goal is to limit new growth. He apologized for the confusion and added that the Task Force that 33 worked on this and the Planning and Zoning Board deserve a lot of credit. 34 35 Councilmember Carlson asked how the three-year lot inventory was determined. City Planner 36 Smyser stated he didn't provide the matrix and spreadsheet this time, but he has a copy if anyone 37 wants one. 38 39 Councilmember Carlson asked if it is three years times 147 per year or if it is based on a different 40 formula. City Planner Smyser indicated the three-year inventory would include 147 times 3 plus the 41 existing inventory. He stated it will decrease over time because the existing lots will be built on. 42 43 Councilmember Carlson questioned if the 2003 inventory would be 147 plus the existing inventory, 44 then 147 additional each year. City Planner Smyser indicated it would. He asked Council to keep in 45 mind that developers will be building on more lots each year than the 147 until the current inventory 46 is used up. He stated there have been 240 or 250 homes built each year recently, but that number will Ali 47 decrease each year. He indicated that if the City sticks to only approving 147 a year it will get to only 1111, 48 having 147 built each year. 12 COUNCIL MINUTES JANUARY 27, 2003 APPROVED •1 2 Councilmember Reinert asked if the inventory included 147 lots per year plus the 20 percent higher 3 or lower allowed. City Planner Smyser indicated it did not. Councilmember Reinert indicated that 4 would make the numbers self-regulating. City Planner Smyser indicated affirmatively, stating the 5 math works out. 6 7 Councilmember Reinert stated the City will be tested on this, and when they are tested, he wants to be 8 sure they win. 9 10 City Planner Smyser stated the only other change he had was at the end, adding paragraph 18, which 11 is a clause that says if this goes to court and is thrown out, only the piece that was challenged is 12 thrown out, not the entire ordinance. He stated that since Councilmember Rienert and City Attorney 13 Hawkins asked the questions he was going to clarify, he had no additional changes. 14 15 Mayor Bergeson stated that there was previously a public hearing on this ordinance and there would 16 not be one now, however he would take brief comments from the audience if there were any. 17 18 Amy Donlin, 6100 Centerville Road stated she was on the Task Force to develop this ordinance and 19 she regards it as the meat and potatoes of the entire growth management process. She indicated that 20 she asked often during the meetings when growth would be discussed. She stated that as a Task 21 Force member she did not feel part of the process. She indicated the Task Force received a copy of 22 the finished ordinance later in the process, adding that Mr. Smyser did not discuss all the items. She 23 read excerpts from a letter written by her father concerning growth in Lino Lakes, and indicated that •24 under this ordinance the Council would be approving a city one-third larger than intended. Instead of 25 20,500 people there would be 30,000. She stated that if there was a good reason for jumping this far 26 above what had been intended, Staff should let others in on it as Board Members and citizens. She 27 stated it seems as if the City is reaching the levels of the Comprehensive Plan seventeen years 28 prematurely. She stated the City has explaining to do to the citizens. 29 30 Ms. Donlin indicated that what City Planner Smyser did not discuss is the Environmental Board's 31 discussion of paragraph 7A through 7D. She stated that the paragraphs contain so many holes there 32 would be no way to uphold it. She indicated it basically says `if you support the city or provide a 33 service, we'll let you do what you want to do'. Ms. Donlin stated that paragraph 16 also was not 34 discussed, which has huge implications. She feels the ordinance is not ready to pass as it stands and 35 needs to be looked at in depth. 36 37 Mike Trehus, 675 Shadow Court, stated there is a mistake in the ordinance for the second reading. 38 He indicated that Item 16 says This growth management policy shall not apply to the area of "The 39 Village". He stated this is a gross mistake, as the number of dwellings approved could be 547 instead 40 of 147. He mentioned that paragraph 5 says a goal of 147, however as Councilmember Reinert 41 pointed out the Council has the right to go 20 percent over that each year. He feels it needs to be re - 42 worded to say a maximum of 129 per year. He stated that these two errors stand out, and asked the 43 Council if Lino Lakes was going to limit housing or not. He indicated that he had hoped stronger 44 statutes would help limit the runaway development, as the numbers are staggering. He stated that the 45 language City Planner Smyser is proposing be added to paragraph 5 is a contradiction of what has 46 been discussed. He stated the average needs to be retroactive to include what has been done already, S 47 if not back to 1995, at least to 1998. 48 13 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 Community Development Director Grochala stated Staff had attended each of the Environmental S2 Board meetings, including the one mentioned by Ms. Donlin, which went on for another hour after 3 Ms. Donlin left. He stated that he had received a memo asking that he look at Item 7, which the 4 Council had brought up prior to that meeting. He indicated Staff is correct that it all comes back to 5 1,029 dwellings in seven years. By providing that number, there cannot be a 20 percent increase each 6 year. He stated that at the second Environmental Board meeting there was a change in paragraph 16, 7 inspired by a concern about the growth policy. He indicated there is a concern about being above the 8 numbers with The Village. He indicated the ordinance as presented is the result of ongoing work 9 with the City Attorney and City Planner Smyser. He stated they tried to be true to the Environmental 10 Board's comments, and knows the ongoing discussion is 'are we being true to the Comprehensive 11 Plan'. He indicated this is an improvement in 2003 with a moderate growth plan. He reviewed that 12 there had been three plans presented, low growth, high growth and a combination of the two. 13 Unfortunately, the moderate growth plan was not implemented properly in 1997 and not formally 14 adopted until 2002 after a lot of hard work. He stated everyone is aware Lino Lakes has surpassed the 15 projections absent of any enforcement until now, however all that can be done is to go forward today. 16 He stated that Lino Lakes has averaged 240 new homes a year, with only slightly less last year at 216. 17 He indicated that this growth management policy is still a significant reduction to what has been done 18 in recent years, and is a positive step. 19 20 Councilmember Carlson read paragraph 16, stating this had been discussed last week, and in itself, 21 was not adequate. Additional language has been added. She indicated that because Lino Lakes is 22 exempting the Village,they cannot exclude other developments. , By leaving this point in here, we 23 open the door to other developments as well, however narrow. AK 24 111, 25 City Attorney Hawkins stated that in theory, another developer meeting all the right criteria could 26 come in and ask to have the plan amended because we cannot write an exemption for one piece of 27 property, particularly one where the City owns part of the land. 28 29 Mayor Bergeson stated the key words there are plan amendment. He stated that anyone could request 30 to have the plan amended, but if the Council doesn't see fit to do it, it stops there. 31 32 Councilmember Reinert stated that in reading the memo from City Attorney Hawkins, it says if 33 someone came in and requested a development similar to The Village, the Council would have the 34 right to say no. City Attorney Hawkins stated that he was asked to determine if excluding The 35 Village from the Growth Management Ordinance was unlawful. 36 37 Councilmember Reinert stated the question on the table is can the City prevent having to approve 38 another development such as The Village. City Attorney Hawkins stated his opinion that if they met 39 the exact same criteria, which would be extremely difficult, and were able to convince the Council to 40 amend the Comprehensive Plan, then another development could happen. He added that it is very 41 unlikely that another developer could meet all of the criteria. 42 43 Councilmember Reinert asked if a developer could force the Comprehensive Plan amendment. City 44 Attorney Hawkins stated he was being asked to speculate, but they would have to meet all of the 45 criteria. 46 • 14 COUNCIL MINUTES JANUARY 27, 2003 APPROVED .1 Councilmember Reinert asked if that included multi -use zoning. City Attorney Hawkins indicated 2 affirmatively, stating that zoning is a legislative decision. Councilmember Reinert stated that was the 3 Council's control. 4 5 Councilmember Carlson stated she had asked when the proposal for The Village first came up, and 6 was still asking, about The Village being presented as a demonstration project. She indicated she has 7 a concern with a couple other areas of the City named as possibilities,if Lino Lakes will be asked to 8 follow through and duplicate this. 9 10 Mayor Bergeson indicated that he took demonstration project to mean in Lino Lakes as an example 11 for similar projects in other cities, not that Lino Lakes would be asked to participate in additional 12 developments. 13 14 City Planner Smyser stated that in order to be a Livable Communities Project, Lino Lakes would have 15 to be part of the application. He indicated no one could tell the City they had to participate unless the 16 City wants to. 17 18 Councilmember Carlson stated she has seen one proposal for The Village, and realizes you cannot 19 build apartments in pieces, but asked if there were other ways the project could be done like a 20 Comprehensive Plan Amendment or spreading out the units over the length of the 2020 21 Comprehensive Plan. 22 23 City Planner Smyser stated he hasn't seen a sketch plan for The Village yet. He added there are MI24 infinite possibilities until something definite comes in. He asked that the Council keep in mind that 25 what is being said is only 147 dwellings, except for The Village. He stated that the direction from the 26 Council was to exempt The Village, so that is the direction Staff has taken. If that decision is now 27 going to be reversed, it would put the process back three or four months and Staff would have to re - 28 look at the whole plan. He stated he hopes that is not the case. 29 30 Councilmember Carlson stated the Council doesn't need a crystal ball to see that The Village will 31 likely be 400 or more units. She stated the first proposal was in the range of 200, and the second 32 proposal was 380 units. She indicated she would not be surprised to see 400 units, and if that is the 33 case the City will be much above the 147. 34 35 Mayor Bergeson stated the first developer is gone, and there has been no proposal from the landowner 36 and current developer. He added that the City owns part of the property and has some say in how it is 37 developed. 38 39 Community Development Director Grochala indicated that with The Village the City does not know 40 how many units there will be. He indicated it is unfair to break it out and divide it through 2020, 41 because the City does not know how many units to break out. He stated that the Council decision was 42 147 dwellings not counting The Village, and with that basis they laid out the growth plan until 2010. 43 He added that anything after that would need a plan amendment. He asked if The Village were 44 included, would it be broken out over ten years, as this would have a significant impact on developers 45 and landowners. He stated that they have a growth management plan and a significant amount of 46 work has gone into it. He feels it will aid in the development of the community and spur new •47 infrastructure as far as the interchange goes. He stated that The Village is in a unique area and has no 48 negative impact on the surrounding areas. He advised it is in the City's best interest to set it aside. 15 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 • 2 Councilmember Reinert asked if the Council took the units to be built at The Village and divided 3 them out, would the City not need to have a Comprehensive Plan amendment and go before the Met 4 Council. City Planner Smyser stated it would bring more problems with the Comprehensive Plan 5 than with the Met Council. He indicated it would be more of a problem to try to implement the 6 Comprehensive Plan. 7 8 Councilmember Reinert stated he was trying to determine if the conversation taking place was a real 9 scenario. He agreed with Councilmember Carlson that he would rather see 200 units than 400 units at 10 The Village, however he did not see how they could do anything except exclude it. 11 12 City Planner Smyser indicated that including the units at The Village would decrease the units 13 available elsewhere in the City to less than 100 a year, which would be very difficult to implement. 14 He stated there were probably sites that are ready to go that would push that for a number of reasons. 15 He indicated that reducing to that number would require a Comprehensive Plan amendment, and he 16 would have to think about what would need to be changed if the Council decides to do that. 17 18 Councilmember Reinert commented that the Council looked at the Comprehensive Plan that was 19 discussed years ago, and were now having new discussions. He questioned if the Council was doing 20 what the citizens want. 21 22 Mayor Bergeson stated the problem with dividing The Village and subtracting out some units each 23 year is that it will be many months before the City knows what that number is. He feels the Council 24 needs to put this ordinance in place and then that is where the City will go. He asked if all of the 25 changes were in the latest draft. City Planner Smyser indicated they were in the latest draft and the 26 memo distributed. He indicated the changes from the memo were to paragraph 5, adding paragraph 27 18 and amending paragraph 16. 28 29 Councilmember Carlson asked him to repeat the way paragraph 5 would read, which he did. Mayor 30 Bergeson asked him to read paragraph 18, which was read as well. 31 32 Councilmember Reinert moved to approve SECOND READING and adopt Ordinance No. 01-03, 33 Ordinance Creating a Growth Management Policy with the changes recommended by staff in the 34 memo dated January 27, 2003. Mayor Bergeson seconded the motion. 35 36 Councilmember Carlson indicated that if this is the best we can do as a Council, she would join in 37 voting for it; however, she stated that the Council was not doing what they set out to do. 38 39 Councilmember Reinert stated that growth in the City couldn't be managed until today. He stated 40 that 147 was agreed to and noted it took a long time to get here. He indicated that only as of today 41 will the Council have a tool to manage growth that has not been available until now. He stated that 42 they are achieving the goals of the city. 43 44 Mayor Bergeson indicated he was somewhat skeptical of how growth management will play out over 45 the next couple of years, and felt the Council may get legal challenges. He stated he was not sure this 46 was in the best interest of homeowners, landowners, or developers in Lino Lakes. He noted that Lino .47 Lakes would be making a contribution to urban sprawl, because if development can not happen here it 48 will happen in Forest Lake Township or Columbus Township. He stated that this is the plan the 16 • • • COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 Council embarked on many years ago with the intent of ending up where the majority said they could 2 live with it even if it is not exactly what they wanted to do. He believes that has been accomplished. 3 He noted that the responsible thing to do is put in place those ordinances that will accomplish growth 4 management in a timely manner, adding that the Comprehensive Plan was not implemented in a 5 timely manner. He stated the Comprehensive Plan doesn't mean much without the ordinances to 6 support it. 7 8 Councilmember Reinert voted yea. Councilmember Carlson voted yea. Councilmember Dahl voted 9 yea. Councilmember O'Donnell voted yea. Mayor Reinert voted yea. 10 11 Motion carried unanimously. 12 13 Ordinance No. 01-03 can be found in the City Clerk's office. 14 15 Mayor Bergeson thanked all those who worked on the ordinance. 16 17 Mayor Bergeson called for a brief recess at 8:50 p.m. The meeting was reconvened at 8:57 p.m. 18 19 Consider First Reading of Ordinance No. 04-03, Adopting Subdivision Regulations, Jeff Smyser 20 - City Planner Smyser advised that the subdivision ordinance regulates the division of land to create 21 new parcels and is the next piece in being able to implement the Comprehensive Plan. Ordinance 22 No. 04-03 is the product of a year of work by the citizen task force, City staff, and the planning 23 consultant. The Planning & Zoning Board held a public hearing on this ordinance on August 14, 24 2002. The City Council received a revised draft, then held a special work session on October 30, 25 2002 to discuss the draft ordinance and provide guidance to staff on several key issues. Since then, 26 staff has been working to refine numerous aspects of the subdivision process, which will be very 27 important in implementing the growth reduction desired by the community and described in the 28 comprehensive plan. The draft under consideration tonight is dated December 19, 2002. 29 30 City Planner Smyser presented the following general points of interest: 31 32 Better list of definitions in Sec. 1001. These are still being coordinated with definitions in the zoning 33 ordinance. Some revisions may yet be appropriate. Staff will have the definitions completed for the 34 second reading of the subdivision ordinance. 35 36 Improved lists of submittal requirements for preliminary plats, final plats, and minor subdivisions. 37 There have been problems in the past from applicants being unclear what they needed to submit. 38 39 Clear descriptions of what is specifically required and prohibited in order to eliminate ambiguity and 40 confusion. This includes plat design, procedural steps, and development agreements. Provides clear 41 instructions on 'Thou shalt do this' or 'Thou shalt not do that'. 42 43 City Planner Smyser explained that as staff has been re-examining aspects of the ordinance, a few 44 corrections are appropriate. Those corrections are attached to the staff report and have been provided 45 for the Council's review. The intent is to incorporate these changes into the ordinance with the 46 approval of the first reading. 47 17 COUNCIL MINUTES JANUARY 27, 2003 APPROVED •1 City Planner Smyser presented the following specific highlights: 2 3 Premature Subdivision Standards and MUSA Allocation Criteria: These are included in the General 4 Provisions, Sec. 1002. A proposed plat will be compared to these standards to ensure there is 5 adequate infrastructure to support the plat. 6 7 Road or Highways to Serve the Subdivision: There have been many discussions on the level of 8 service necessary. The question raised is can a development be denied if it does not make a bad 9 situation worse. This has been revised to mandate that the level of service, graded A through F, must 10 not degrade due to the development, and if currently an E or an F, must be improved as part of the 11 proposed project to ensure a level of service D or better. 12 13 Several items refer to the City's growth management policy: this is Ordinance 01-03, which will set 14 out specific methods to monitor growth and keep it at the desired level. 15 16 Concept Plan Review: An informal concept plan step has been added. It is not mandatory but is 17 strongly recommended. Staff expects most developers will participate. This was called a sketch plan 18 but has been changed to concept plan. 19 20 Preliminary Plat: Requirements are laid out and include a tree preservation plan and a phasing plan. 21 22 Tree Plan: The tree plan requirements do not mandate preserving a specified number or 23 percentage of trees. Rather, they require a complete inventory of all significant trees on the site. The •24 inventory will indicate which trees will be affected by the development. City staff and the developer 25 will discuss the potential for saving trees, and the plan will then clearly list which trees will be lost 26 and which will be saved. If trees are lost that were designated to be saved, they must be replaced at a 27 2:1 ratio. 28 29 Phasing Plan: The required phasing plan for each plat will specify a schedule for the final platting of 30 portions of the development. Staff then can track exactly how many lots will be created in each of 31 several years in the future. This section links the ordinance to the growth management policy. In 32 fact, there is some overlap. There are two changes proposed for this section, as shown on Attachment 33 A. In paragraph 2 of 1004.8 it is recommended to add `if applicable under the growth management 34 policy'. Phasing plans are only required for subdivisions of 40 lots or more. Also a sentence added 35 to paragraph C, which reads `Plans for the construction of streets and facilities for sanitary sewer and 36 water also must take into consideration the phasing plan'. The second change is on 1004.9, paragraph 37 6. This paragraph will be entirely replaced with new wording, which states `Traffic study for the 38 subdivision including existing and projected traffic generation, distribution, capacity of existing 39 streets, and levels of service. Projections shall include conditions both with and without the project'. 40 41 Final Plat: Requirements include bringing final plats through the Planning & Zoning Board as well 42 as the City Council. Because of the importance of the phasing plans, staff thought it a good idea to 43 have the P & Z aware of how the growth management system is working. 44 45 It was noted on 1005.4, paragraphs 5a and 5b address final grading and utility plans and are important 46 points for growth management. This was rephrased at the direction of Council from a work session •47 and instructs that grading can be performed on the entire site but sanitary sewer or water facilities can 48 not be built until final plat approval. 18 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 12 Paragraph 2b was also added on page 1005.5 to ensure that 40% of lots from previous phases have 3 improvements before the next phase is brought for final plat. This is to make sure progress is being 4 made and land is not just platted and left. 5 6 Paragraph 4 of page 1005.6 makes it very clear that work on sewer, water and streets may only be 7 done in areas included in the approved final plat. 8 9 Minor Subdivisions: Changes to this section include page 1006.1 paragraph 2, which should read 10 unsewered residential areas. Original discussions included commercial and industrial lots but Staff 11 believes they should use the plat process to address grading issues and the avoidance of breaking off 12 small sections at a time. It was noted that there are some lots in sewered areas that are big enough to 13 divide into plats. While it is not something that will occur often, the potential is there. These would 14 need to be handled through the normal plat process. 15 16 Paragraph 4 was also added for further clarification. 17 18 An important change from our current procedures is that the draft ordinance states that minor 19 subdivisions would be reviewed administratively, rather than go through the P & Z and City Council. 20 This change is intended to reduce the time and expense—for the applicant and the City—for 21 relatively simple lot splits. With clear requirements for lot dimensions, wastewater treatment and 22 water facilities, upland minimums, etc., it is clear whether or not a proposed lot split meets City 23 requirements. If the application meets the requirements, it should be approved with little delay. ik 24 Applicants always have the opportunity to request a variance from the requirements or appeal the 25 staff decision. A variance or appeal would then go through the Planning & Zoning Board and City 26 Council. Periodic reports would be provided to City Council summarizing submitted minor 27 subdivision applications and outcomes regarding approval or denial. 28 29 Design Standards: There are a number of design requirements included in the new ordinance. 30 31 Land in electricity transmission or pipeline easements cannot be used to fulfill the minimum buildable 32 land requirement for a lot. (page 1007.2) 33 34 Clarification that every new lot must have the minimum lot width fronting on a public street. (page 35 1007.2, paragraph 5.) 36 37 Access management requirements for access to collectors and arterials. (page 1007.2, paragraphs 6. 38 and 7.) 39 40 Setbacks must be shown for each lot on the plat drawing. (1007.3, par. 8 and 1004.4, paragraph 10) 41 42 Minimum 10' buffer around all wetlands, and buildable lot area cannot include this buffer. As with 43 the pipeline and electricity transmission easements, these buffer areas cannot be used to fulfill the 44 minimum buildable land requirement for a lot. (1007.3, paragraph 9) 45 46 Conservation subdivision open space categories and ownership requirements are listed. Conservation • 47 subdivision design is not mandatory. If this option is chosen by the developer, ownership and 48 management of the open space must be addressed. 19 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 • 2 A diagram has been provided to demonstrate easement requirements. (1007.9) 3 4 A joint trench requirement for utilities has been added. This has been the City's practice, but it has 5 not been formally adopted by ordinance. (1007.10) 6 7 Park Dedication: The City adopted new park dedication requirements in 2001. The new subdivision 8 ordinance includes these with no changes. It would be useful to review the park dedication fees at the 9 end of 2003 for possible increase. 10 11 Tree Preservation: Section 1009 addresses the Tree Preservation requirements of subdividers. Item 12 3a on page 1009.2 requires the preparation of a tree inventory by a licensed professional to 13 encompass the entire property. In the Tree Replacement section on page 1009.4 Staff is proposing 14 the addition of the wording 'that was supposed to be saved but was' to paragraph 1 as outlined in 15 Attachment A. This will clarify an issue that has been difficult for developers and landowners to 16 understand. 17 18 Improvements: Section 1010 lists elements of a new development that must be installed, and 19 mandates certain ones as the developer's responsibility. The new development agreement 20 requirements include a final grading survey to ensure that the grading plan was implemented by the 21 developer, which addresses the concern Councilmember Carlson raised earlier. Developers will not 22 be able to start building houses until grading plans are completed to specification. Based on previous 23 conversations the words 'and prior to approval of the final plat' will be removed from line one of • 24 Section 1010.6. 25 26 City Planner Smyser explained that much of the work in the last few months has focused on the 27 timing of the site work in relation to the preliminary and final plat approvals. In order to implement a 28 Growth Management Policy with restrictions on growth, it is necessary that the Subdivision 29 Ordinance strictly control what work occurs when. After discussion with the City Council at a work 30 session, staff revised the ordinance to reflect Council direction. 31 32 City Planner Smyser noted that grading of the entire site can occur after preliminary plat approval, 33 with a development agreement that covers the grading. This agreement can include construction of 34 street, water, and sanitary sewer in the first phase. However, this construction cannot actually occur 35 until the first phase received final plat approval. Subsequent phases must then have additional 36 development agreements to address construction of streets, water, and sewer. 37 38 Financial Security, Enforcement, Severability, Supremacy and Effective Date and Signatures: These 39 final sections refer to the policies and provide a brief overview. 40 41 City Planner Smyser pointed out that the staff report contained pages that listed corrections to be 42 made as part of the approval of the first reading of the ordinance. Staff recommended the Council 43 approve the first reading of Ordinance 04-03, with the corrections listed on Attachment A. 44 45 Councilmember O'Donnell asked if all comments from City Council and the Boards had been 46 considered and a clean copy would be provided for the second reading. City Planner Smyser •47 indicated they had and a clean copy would be available. 48 20 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 Councilmember O'Donnell asked about the park dedication fees. He indicated that determination of 41) 2 fees was part of the City fee schedule and wouldn't change the ordinance when reviewed. City 3 Planner Smyser indicated that was correct and thanked Councilmember O'Donnell for the 4 clarification. 5 6 Councilmember O'Donnell asked if more specifics on tree trunk size and height could be shown 7 under Tree Replacement (1009.2). City Planner Smyser indicated it would be referred back to the 8 definitions on page 1001.9, which gives strict definitions of what qualifies under Tree Replacement. 9 10 Councilmember O'Donnell asked for clarification that occupancy permits would also be held up in 11 case there were final grading changes during building. City Planner Smyser indicated that is 12 addressed in the zoning ordinance. 13 14 Councilmember O'Donnell confirmed that there are two checks to make sure grading was done as 15 specified. City Planner Smyser stated grading was addressed with the developer originally, then 16 again with a survey at time of building permit and finally before the occupancy permit is issued. 17 Councilmember Reinert clarified this was three checks. City Planner Smyser indicated affirmatively. 18 19 Councilmember Carlson referred to page 1001.3, the definition of buildable land. She stated she 20 understands why parkland was taken out, but not why slopes in excess of 18 percent was removed. 21 City Planner Smyser indicated that they have reviewed the entire buildable land issue from all angles. 22 He stated the goal was to get to a point where buildable land meant the same thing to everyone. He 23 stated that with slopes there is some interpretation leeway to determine where the edge of the slope . 24 starts. Therefore to simplify it was determined that buildable land means anything that is not wetland. 25 City Planner Smyser indicated that steep slopes are difficult to build on physically anyway and would 26 probably prevent people from asking to build. Staff wanted one definition for everything. He stated 27 that this provides a clearer definition and since there is not a lot of topography in Lino Lakes this 28 shouldn't be a problem. 29 30 Councilmember Carlson indicated that based on the likelihood that we won't see this she can let it 31 pass, but she's concerned it could leave a loophole that may increase density. City Planner Smyser 32 stated that was correct, if there was a piece of property with a lot of slopes it could increase the 33 density, possibly by one additional house. 34 35 Councilmember Carlson indicated on page 1002.3 and 1002.4, paragraphs 3a and 3b are being 36 changed from level of service C to level of service D. She asked if definitions could be provided for 37 C and D. City Planner Smyser indicated he would provide that to City Council. 38 39 Councilmember Carlson stated that paragraph 3d could be interpreted in several ways. The paragraph 40 states: 41 The traffic generated from a proposed subdivision shall not require City street improvements 42 that are inconsistent with the Lino Lakes Capital Improvement Plan or the developer shall 43 pay to correct any street deficiencies. 44 One way to interpret this would be that road work was being offered and developers may not be 45 required to pay for improvements. She indicated her husband read the paragraph and thought the 46 purpose was to protect developers from the City asking them to pay for more than they should. City •47 Planner Smyser indicated that paragraph will need to be reworked. 48 21 COUNCIL MINUTES JANUARY 27, 2003 APPROVED • 1 Councilmember Carlson stated that in Section 1002.7 addressing MUSA there is a list of criteria to be 2 considered to determine if MUSA will be allocated. She asked what would happen if MUSA was not 3 available. City Planner Smyser indicated that number 8 in this list indicated that the area of MUSA 4 allocation must be consistent with the growth management policy established by the Lino Lakes 5 Comprehensive Plan. He stated that the growth management policy states that there is a limited about 6 of MUSA available and when it is gone, that is it. 7 8 Councilmember Carlson read the first paragraph of Section 1003.3, which says: 9 The Community Development Department shall review the concept plan and shall determine if 10 the project crosses any mandatory thresholds for an Environmental Assessment Worksheet 11 (EAW), Environmental Impact Statement (EIS), or Alternative Urban Area -Wide Review 12 (AUAR) pursuant to Minnesota Rules. If such documents are required, the Community 13 Development Department shall notify the developer of the requirement. 14 She asked what happens if the mandatory threshold is not crossed. 15 16 City Planner Smyser stated it is always important to review. He indicated what would typically 17 happen would be a petition to have an EAW done anyway. He stated the Council always has the 18 option to look at the situation and ask for an EAW. For a discretionary EAW the applicant would 19 volunteer to have done or the Council could ask for it. This situation would not be very common. 20 21 Councilmember Carlson gave an example using Highway 49. She indicated there may have been an 22 Environmental Impact Statement and she is aware there was some historical preservation research 23 that took place. Now the bridge is finally freezing over. If the County was willing to do an EAW and S 24 the results come in and Council wants to do an EIS, could Council decide to do that on their own or is 25 a citizen petition required or even accepted at that point. City Planner Smyser stated it would 26 probably be out of their hands at that point. He indicated that under the law the highest level of 27 government is responsible. If it is a County project, the County does it. He indicated a typical 28 situation would be to do an EAW under state law and an EIS under county law. 29 30 Councilmember Carlson asked what happened in instances where the City is the highest level of 31 government. City Planner Smyser indicated they have faced this. If they receive public comments 32 they have a responsibility to address them. Staff brings the information to the City Council with a 33 recommendation if an EIS is necessary or not. 34 35 Councilmember Carlson asked if it is Council decision that an EIS is necessary, is it staff decision 36 that it crossed the mandatory threshold. City Planner Smyser indicated the threshold is in the 37 handbook. 38 39 Councilmember Carlson asked about final approval or denial. She indicated that with Stonybrook 40 they approved lots for 2002 and 2003. She asked how effective it was to divide the project or if this 41 is covered in the developer's agreement. City Planner Smyser indicated they have to come in for final 42 approval within one year of preliminary approval. He stated final plats in phasing plans will not work 43 quite the same. If the developer got preliminary approval in November, they won't be building then. 44 The plan was for 50 lots in 2002 and 50 in 2003. As long as they build they are final. Some lots will 45 carryover, but if it takes too long the City will be able to ask what is happening. It is very possible 46 they could finalize both sections in 2003, which is okay, it just shifts to a little later. When Staff •47 reviewed the spreadsheet they knew it would not be exact. 48 22 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 Community Development Director Grochala indicated this may need to be discussed. He stated • 2 Stonybrook may come in with final plats for both sections. City Planner Smyser stated this was still 3 okay. 4 5 Councilmember Carlson indicated she has no concern with the procedural change for minor 6 subdivisions when Staff approves, especially since they took out industrial and commercial 7 subdivisions. She used the example of the subdivision on Ash Street that came to Council even 8 though the recommendation was to deny, stating she was concerned that if someone was turned down 9 they should be able to come to their elected official. She doesn't like the fact that they would have to 10 appeal to come before Council. She understands this is only the first reading but wanted to discuss it. 11 12 Councilmember Reinert added that he thought anytime Staff did not approve they would give a report 13 to City Council at a work session that something was denied. He stated it was the right of the citizen 14 to come before Council and he thought the process was that anytime Staff prepared to deny the 15 applicant was told they could go to the Planning and Zoning Board or the City Council. In cases 16 where the applicant chose not to do this the City Council would be informed of what was happening. 17 He added this was a courtesy to City Council and shouldn't be a big burden on staff as there are only 18 one or two a year being reviewed. City Planner Smyser indicated the ordinance says Staff will 19 provide reports to the Council on approvals and denials. 20 21 Councilmember Carlson asked that the word `periodic' be crossed out of that paragraph, as it is too 22 vague, and the wording 'as they occur' be added. 23 .24 Councilmember Reinert indicated final grading had been covered, as had approval of minor 25 subdivisions. He indicated his next concern was on phasing. He stated the Council had agreed that 26 phasing would not be required for less than 40 lots, but he asked if the Council could require phasing 27 if they chose. If not, a developer who wanted 28 lots would assume they could get all 28 lots this 28 year. He would like to have the option of requiring phasing for smaller developments if necessary. 29 City Planner Smyser indicated the wording says 'Each phase of a preliminary plat shall be consistent 30 with growth management criteria of the City'. He indicated the growth management policy indicates 31 plats under 40 do not have to be phased. 32 33 Councilmember Reinert indicated his concern was if several developers come in with several plats in 34 the same year, the Council will not be able to approve them all. If they were able to phase them all 35 they could let them get started. City Planner Smyser said if the developers agree that would work. 36 Councilmember Reinert asked if they would have to agree to it. City Planner Smyser stated there was 37 nothing to mandate phasing for less than 40 lots. He indicated that he wouldn't expect many small 38 developments, and reminded Council that they did not have a lot of MUSA to give out. 39 40 Councilmember Reinert indicated he didn't want to take away the City's options or developers to 41 think they could get all at once if there were other options. 42 43 Mayor Bergeson stated if there were only 25 lots left in the City and someone came in wanting 40, 44 they wouldn't have the right to 40 that year and would have to voluntarily phase the project. 45 Councilmember Reinert said if a developer came in with 39 lots and the City had 25 left, with the 46 ability to go 20 percent over that, the developer may be able to make an argument not to phase the •47 project. 48 23 COUNCIL MINUTES JANUARY 27, 2003 APPROVED •1 Mayor Bergeson asked about EIS and other environmental regulations. He stated they had talked 2 about the threshold, and if the threshold is exceeded various studies are required, some by petition. 3 He indicated it was important Staff reported on thresholds when Council may want to consider, 4 before making that decision. He wanted to make sure Staff was required to report to the Council even 5 if under the threshold so the Council knew whether it was 2 percent under the threshold or 90 percent 6 under. For the Council to be able to make use of the studies it is important for Staff to make this 7 information available. 8 9 City Planner Smyser indicated that would happen naturally. He stated that if anything was close, or 10 controversial, the Council would hear from the citizens. He indicated if any area was a hot topic the 11 Council would hear about it and ask Staff, who would review and report back, just as it did with the 12 church. 13 14 Mayor Bergeson asked about the level of service on traffic, indicating that all of the possibilities may 15 not be included. He asked if there was a level of service A. City Planner Smyser indicated there was. 16 Mayor Bergeson stated that with A, a development might move it to a B, which might be reasonable. 17 He asked City Planner Smyser to consider this and respond later. 18 19 Mayor Bergeson indicated that on page 1007.2, paragraph 5 says 'All lots shall have frontage on a 20 public street'. He thought it should say 'an improved public street'. City Planner Smyser indicated 21 this was an important point. He asked the Council to recall the subdivision by old Main Street, where 22 the City asked that the developer dedicate the easement and they would approve the subdivision. He 23 didn't know where else it may come up but the City has said it will approve the easement when it • 24 approves the subdivision. Mayor Bergeson stated a lot of agreements have been made over the years 25 that need to be honored. 26 27 Mayor Bergeson asked about Section 1007-4, and if anything about density bonuses should be 28 included. City Planner Smyser indicated that would be addressed in the zoning ordinance. He stated 29 there has been a lot of discussion surrounding this and it could be included as a condition of use in 30 zoning, adding that ultimately it would come to City Council. 31 32 Mayor Bergeson stated his opinion on the tree preservation portion that sometimes you get better 33 results if you let the developer clear out the area and determine appropriate sizes and locations of 34 trees after the fact instead of saying they have to keep this and keep that. He added that the best 35 results always include some preservations but good results can be accomplished with fewer rules. 36 37 City Planner Smyser indicated there was a lengthy discussion with the task force concerning this and 38 it is a compromise as written. The ordinance doesn't say anything has to be saved, but that the entire 39 site needs to be reviewed to see what is best. The scenario Mayor Bergeson presented may be viewed 40 as the best scenario in some cases. 41 42 Mayor Bergeson indicated there has been a lot of discussion, but nothing that should preclude 43 Council from approving the first reading. He did not hear anything that could not be addressed 44 between the first and second reading. 45 46 Councilmember O'Donnell moved to approve FIRST READING of Ordinance No. 04-03, Adopting • 47 Subdivision Regulations with the corrections listed on Attachment A. Councilmember Carlson 48 seconded the motion. 24 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 411 1 2 Mayor Bergeson asked that for the work session Staff goes through this discussion and makes 3 changes based on Council and Staff suggestions, then report back on what makes sense and what 4 needs additional discussion. 5 6 Councilmember O'Donnell voted yea. Councilmember Carlson voted yea. Councilmember Dahl 7 voted yea. Councilmember Reinert voted yea. Mayor Reinert voted yea. 8 9 Motion carried unanimously. 10 11 Consideration of Resolution No. 03-12, Authorizing Preparation of Comprehensive Sanitary 12 Sewer Plan and Comprehensive Water Plan, Michael Grochala — Community Development 13 Director Grochala advised that the City's Comprehensive Sanitary Sewer Plan and Comprehensive 14 Water Plan were prepared in 1990 and 1991, respectively. Since that time, both systems have 15 undergone substantial expansion and modification to service both existing and new development. 16 Staff is of the opinion that both plans need to be revised to more accurately reflect existing conditions 17 as well as identify future system needs. 18 19 Community Development Director Grochala explained that the Sanitary Sewer Plan will be updated 20 in conformance with the Metropolitan Council's requirement for the preparation of a Tier II Sanitary 21 Sewer Plan. The water plan will include, in part, reconstruction of the current digital computer model 22 to better evaluate new modifications or expansions of the City's water system. This item was 23 previously requested by the City's Fire Chief. .24 25 Community Development Director Grochala advised City staff recommends the adoption of 26 Resolution No. 03-12, Authorizing Preparation of Comprehensive Sanitary Sewer Plan and 27 Comprehensive Water Plan. 28 29 Mayor Bergeson indicated neither of these plans are referred to in the Comprehensive Plan. 30 Community Development Director Grochala indicated they are referred to as utility plans. 31 32 Mayor Bergeson asked if they were another tool to determine if things are premature. City Planner 33 Smyser indicated they were, and they are referred to in the Comprehensive Plan. 34 35 Councilmember Reinert moved to adopt Resolution No. 03-12, Authorizing Preparation of 36 Comprehensive Sanitary Sewer Plan and Comprehensive Water Plan. Councilmember Dahl 37 seconded the motion. 38 39 Motion carried unanimously. 40 41 Resolution No. 03-12 can be found in the City Clerk's office. 42 43 Consideration of Resolution No. 03-13, Authorizing Preparation of Feasibility Study, CSAH 10 44 (Birch Street)/CSAH 49 (Hodgson Road) Improvements, Michael Grochala — Community 45 Development Director Grochala advised that on November 20, 2002, the City received a project 46 review letter, from Anoka County, identifying the minimum required improvements for CSAH 49 •47 (Hodgson Road) and CSAH 10 (Birch Street) to facilitate the development of Spirit Hills Commercial 25 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 Center as well as proposed future development on the Miller Farm, located immediately to the south. • 2 The letter identified the need for many improvements. 3 4 Community Development Director Grochala explained that since the responsibilities for the 5 improvements are shared between two developers it is staff's opinion that a City prepared report 6 would be advantageous to insure that a coordinated improvement plan is prepared. Both developers 7 have requested that the city prepare the report and have agreed to equally split the costs of its 8 preparation. Therefore, at staff's request, TKDA, the City's Engineer, has submitted a proposal to 9 prepare a feasibility study for the above referenced improvements for a not to exceed cost of $7,400. 10 The feasibility study is intended to better delineate the extent of improvements and associated costs. 11 12 Community Development Director Grochala advised City staff recommends the adoption of 13 Resolution No. 03-13, Authorizing Preparation of Feasibility Study, CSAR 10 (Birch Street)/CSAH 14 49 (Hodgson Road) Improvements. 15 16 Councilmember Dahl moved to adopt Resolution No. 03-13, Authorizing Preparation of Report on 17 Improvement CSAH 49/CSAH 10. Councilmember O'Donnell seconded the motion. 18 19 Motion carried unanimously. 20 21 Resolution No. 03-13 can be found in the City Clerk's office. 22 23 UNFINISHED BUSINESS .24 25 There was no unfinished business to consider. 26 27 NEW BUSINESS 28 29 Meeting Minutes of December 9, 2002 City Council Meeting 30 31 Meeting Minutes of December 16, 2002 City Council Meeting 32 33 Meeting Minutes of January 8, 2003 Council Work Session 34 35 Meeting Minutes of January 13, 2003 City Council Meeting 36 37 City Clerk Blair indicated a request had been made to pull the two January meeting minutes. 38 39 Councilmember Carlson asked that a correction be made to the Meeting Minutes of December 16, 40 2002 on page 9. She would like wording added to indicate that she said 'as the whole Council is not 41 present and it is possible it would fail on a 2:2 vote'. 42 43 Councilmember Carlson moved to approve the December 9, 2002 City Council Meeting and the 44 December 16, 2002 City Council Meeting, as amended. Councilmember Dahl seconded the motion. 45 46 Motion carried unanimously. •47 48 COMMUNITY CALENDAR JANUARY 28, 2003 THROUGH FEBRUARY 10, 2003: 26 COUNCIL MINUTES JANUARY 27, 2003 APPROVED 1 • 2 Wednesday, January 29, 2003, 6:30 p.m., Environmental Board Meeting 3 4 Monday, February 3, 2003, 6:30 p.m., Park Board Meeting 5 6 Wednesday, February 5, 2003, 5:30 p.m., Council Work Session 7 8 Thursday, February 6, 2003, 7:00 a.m., EDAC 9 10 Monday, February 10, 2003, 6:30 p.m., City Council Meeting 11 12 Mayor Bergeson reminded Council about the final board interviews that will be conducted on January 13 29, 2003. 14 15 ADJOURN 16 17 There being no further business, Councilmember Reinert moved to adjourn at 10:41 p.m. 18 Councilmember O'Donnell seconded the motion. 19 20 Motion carried unanimously. 21 22 These minutes were considered and approved at the regular Council Meeting, April 28, 2003. 23 • 24 25 „ A 26 27 Ann Blair, Clerk 28 29 30 31 32 • Transcribed by: Karen Whaley TimeSaver Off Site Secretarial, Inc. 27