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HomeMy WebLinkAbout04/09/2003 Council Minutes• CITY COUNCIL WORK SESSION APRIL 9, 2003 APPROVED CITY OF LINO LAKES MINUTES DATE : April 9, 2003 TIME STARTED : 5:38 p.m. TIME ENDED : 10:30 p.m. MEMBERS PRESENT : Councilmember Dahl, Carlson, O'Donnell, Reinert and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Community Development Director, Michael Grochala (part); City Engineer, Jim Studenski; Chief of Police, Dave Pecchia (part); City Planner, Jeff Smyser (part); Economic Development Assistant, Mary Alice Divine (part); and City Clerk, Ann Blair (part) PROPOSAL FOR NEW CABLE FACILITY, LINDA WAITE SMITH City Administrator Waite Smith advised the Council has reviewed this item in the past. The current joint powers agreement must be amended to allow the Commission to purchase a new facility. All of the involved City Attorneys have reviewed the amended joint powers agreement and made revisions. The involved cities only have to support the new facility debt from franchise fees. The Council needs to adopt a new resolution so the cable facility can move forward. Staff is recommending the resolution be added to the regular Council agenda on Monday. Proposal for New Cable Facility was added to the regular Council agenda Monday, April 14, 2003, 6:30 p.m. EAGLE BROOK EAW RESPONSE, JEFF SMYSER Mayor Bergeson advised the Quad incorrectly printed an article that suggested there was a public hearing this evening regarding the Eagle Brook Church. City Planner Smyser advised that most Council meetings are open to the public even if a public hearing is not scheduled. City Planner Smyser stated that a draft response document was distributed at the last Council work session. The next step is for the Council to make a declaration on need for an EIS. Staff did find errors in the draft and those errors will be corrected. City Planner Smyser advised the main issues raised by the EAW or in comments on the EAW relate to the following: • • CITY COUNCIL WORK SESSION APRIL 9, 2003 APPROVED heron rookery wetlands traffic and roadways wastewater stormwater management visual issues City Planner Smyser reviewed the staff responses to the main issues raised in the EAW. For reasons discussed in the response document and summarized in the staff report, staff is recommending a negative declaration: a decision that an EIS is not justified. The EAW analysis and the public comments do not raise the potential for significant environmental effects. Possible impacts are not extensive or irreversible, and they can be addressed through ongoing public regulatory authority of various jurisdictions including the City of Lino Lakes, the Rice Creek Watershed District, Anoka County, MN Department of Transportation and others. Therefore, an EIS is not warranted. City Planner Smyser advised declaration of the need for an EIS does not in any way imply an application for the Church will be approved. The City has not yet received an application for the Eagle Brook Church. Councilmember O'Donnell asked if making a negative declaration of the need for an EIS is saying that there are no environmental impacts. City Planner Smyser stated that making a negative declaration of the need for an EIS is saying there are not significant impacts. He reviewed the criteria in deciding whether a project has the potential for significant environmental effects. Councilmember Reinert asked for clarification regarding the statements made about traffic and roadways. City Planner Smyser stated the resolution is only saying that an EIS is not necessary. It does not endorse the church or imply that traffic issues are not important. Traffic issues would be addressed through a cooperative study of the involved agencies. Traffic is one of the items that are listed on the EQB worksheet. Councilmember Carlson asked if public comment would be taken at the Council meeting Monday night. City Planner Smyser advised that is a Council decision. Councilmember O'Donnell stated he does support public input but would like to go through the whole posting process so all residents are informed. City Administrator Waite Smith stated the City usually gives a ten-day notice on public hearings. The public hearing could be posted and Council could act at the Council meeting on April 28. City Planner Smyser advised there is no strict deadline for action. The City has a lot of discretion. However, the public comment period ended in November. Mayor Bergeson stated the process for public comment is laid out in regulations. That process was published. The City received many comments and letters that are a part of CITY COUNCIL WORK SESSION APRIL 9, 2003 APPROVED the record. He stated he does not believe the public or Council will benefit from going • over that information again. • Councilmember Carlson stated she believes it is the Council's duty to hear the public. The process has already been extended by four months so a couple more weeks should not be an issue. Councilmember O'Donnell suggested the possibility of having a special Council meeting to take comments from the public. Councilmember Carlson asked if the response document has been made available to the public. City Planner Smyser advised the response document has not been distributed. The intent was to have the Council determine if the responses were adequate. The response document is available to those who would like to review it. Councilmember Carlson stated she has environmental concerns regarding the connection of 35 to 80th as well as Birch Street to 35E. She indicated her concerns are considerable in relation to the environment. She referred to the response document and expressed concern regarding the statements made in relation to traffic and 130 homes, key intersections and levels of service, the Metropolitan Council proposal about septic being interim (the language not being carried forward) and the Sierra Club. Councilmember Carlson stated another concern is that the Comprehensive Plan does have a proposed greenway that is not discussed. She indicated she would like more specific language within the responses. Councilmember Dahl asked for clarification regarding the statement about traffic and levels of service issues. City Planner Smyser advised the Church is proposing to have traffic cops at two locations to regulate traffic during large events. Councilmember Dahl questions the statement regarding cooperative studies and access options. City Planner Smyser advised Anoka County has suggested creating roadway easements as opposed to driveways onto 20th for future development. Councilmember O'Donnell asked if the City's ability to deny a project is affected by the negative declaration of an EIS. City Planner Smyser advised the City's ability to deny a project is not affected by the negative declaration of an EIS because the City is not saying there are no environmental impacts. The Council determined a public hearing will be posted and scheduled for the April 28 City Council meeting to discuss the EAW/EIS. CENTENNIAL SCHOOL DISTRICT REQUEST FOR IRRIGATION WELL, LINDA WAITE SMITH City Administrator Waite Smith advised information regarding this issue was sent out last week in the Friday packet. CITY COUNCIL WORK SESSION APRIL 9, 2003 APPROVED 1111 Mr. John Christiansen, Centennial School District, stated the district will be requesting a variance to place a well on the Rice Lake Elementary School property to expedite a well for an irrigation system. The school district is looking for ways to save money and doing its own irrigation on the fields will cut costs. The type of well would meet all City standards and not be for any domestic use. • • City Engineer Studenski advised the well system was previously reviewed and there were a number of issues that needed to be addressed including the ordinance and specifics on the well. At this point, Staff is recommending denial of the request. City Administrator Waite Smith stated staff has met with the school district. Tim Hillsheim was present and reviewed a letter from John Powell, previous City Engineer, regarding the concerns surrounding a well. Those concerns have been addressed. She noted Staff must make a recommendation based on the City ordinance. Councilmember Carlson stated it would be difficult to address homeowners that also want to put in a well. The City has to treat taxpayers as fairly as the school district. Councilmember O'Donnell stated he believes there would be a cost savings to the residents. Councilmember Dahl asked for clarification regarding the revenue that is paid to the City for the current water use. She asked how much a well would cost to construct. Mr. Christiansen advised a well will cost approximately $80,000. Councilmember Carlson requested a copy of the letter from the previous City Engineer regarding this issue. Mr. Christiansen stated the school district has modified the well structure since the previous review to meeting all City specifications. A representative from the school district will be present at the Council meeting on Monday night. It was the consensus of the Council to add the Centennial School District Request for Irrigation Well to the regular Council agenda. Councilmember O'Donnell requested the documentation that all previous concerns have been addressed in regard to the well. Councilmember Carlson requested information on the legality of allowing the school to have a well but not the residents when City services are available. This item will appear on the regular Council agenda Monday, April 14, 2003, 6:30 p.m. CITY COUNCIL WORK SESSION APRIL 9, 2003 APPROVED PROPOSAL FOR QUAD CITIES POLICE DEPARTMENT, LINDA WAITE • SMITH • • City Administrator Waite Smith advised the Council has heard the presentation from the four City Administrator's regarding a Quad Cities Police Department. The public hearing is scheduled for April 14, 2003. All cities are being asked to give an indication of whether or not they wish to proceed. A committee will then be selected to develop a joint powers agreement. Developing a committee does not commit any of the involved cities to the Quad Cities Police Department. It seems everyone has concerns regarding the details of the agreement and the possible loss of jobs. City Administrator Waite Smith advised two of the participating cities have already selected their representatives for the committee. Another city has committed to proceeding to the next level. Councilmember Reinert stated that in the proposed scenario the City of Lino Lakes is accepting most of the financial responsibility without most of the authority. He stated he is very concerned about that issue and the fact that there is no termination to the contract. City Administrator Waite Smith advised all the involved cities have a problem with the formula. The administrators have not talked to any elected officials about the voting authority. She stated she believes the involved cities think the authority should all be equal. Councilmember Carlson stated she does want to work with surrounding communities. However, she would never run a business based on the numbers and figures that were presented in the proposal. She stated she is also very concerned about the employees that have been on the force for a long time and live in Lino Lakes. She stated she is not convinced the City will save any money with the current proposal. Councilmember O'Donnell stated the question is whether or not the City should continue to investigate the possibility of a Quad Cities Police Department. He stated he does agree with the other Councilmembers concerns but thinks the city should investigate further. He suggested the "deal breakers" within the proposal should be discussed right away by the committee. Mayor Bergeson stated the City has the potential to save a significant amount of money. He believes the City has to investigate further. He stated the governance issue is a big issue with the public and the City. There are also a lot of concerns about people losing their jobs. He stated he is willing to have the City select representatives to further discuss this issue and governess of a combined department. City Administrator Waite Smith suggested she speak to the other City Administrators regarding the "deal breakers" to determine if the City should elect committee members. Councilmember Dahl stated she is concerned about the equality of finances and governance. Quality of the force is another concern. CITY COUNCIL WORK SESSION APRIL 9, 2003 APPROVED Mr. Lyle Bye, representative for the Public Safety Citizens Committee, stated the Committee also has the same concerns as the City Council. However, the City needs to move quickly on this issue for the morale of the department. He stated the Committee is very happy with the levels of police service. The Committee would also recommend that if the City does move forward they hire from the existing police force. This item will appear on the regular Council agenda Monday, April 14, 2003, 6:30 p.m. ANOKA COUNTY COMMUNITY DEVELOPMENT AUTHORITY PROPOSAL, MARY ALICE DIVINE Economic Development Assistant Divine advised Anoka County has requested special legislation allowing the County to form a countywide Community Development Authority (CDA). The CDA includes the ability to levy taxes. She distributed and reviewed a copy of the study that was done and resulted in the idea that the County should be more involved in economic development. She also reviewed the pros and cons of the CDA noting Lino Lakes would benefit from the development that might occur. No action is necessary from the Council. Economic Development Assistant Divine added that if the legislature passes the proposal, the City cannot opt out of the 40% that will be spent on County projects. The City can opt out of the 60% that would be spent on projects within the City. CENTURY FARM NORTH, PHASING PLANS, MICHAEL GROCHALA . Community Development Director Grochala advised Staff is getting ready to bring the Behm's project to the Council. Century Behm's Farm North includes 249 units within five phases. There are issues with infrastructure and possible phasing options. Staff has reviewed Option 1A and believes it is workable although there are MUSA issues. • Community Development Director Grochala reviewed Option 1 A noting there would be no special Council action necessary to go over the 20% mark for annual MUSA allocation. Staff is requesting Council direction regarding this matter. Mayor Bergeson stated the Air Park is unique to the City of Lino Lakes and the City should try to accommodate the development. Councilmember Reinert stated he is concerned that the City is exceeding the number of homes to be built each year and the MUSA allocation. Mayor Bergeson stated it would be easier for the Council to approve the plan if it does not exceed the MUSA acreage. Mr. Gary Uhde, developer, reviewed Option 2B Phasing plan noting there are four elements to the development. Option 2B would require more units to be built in the first year and even more additional MUSA. He asked for Council direction regarding which option should be pursued. • CITY COUNCIL WORK SESSION APRIL 9, 2003 APPROVED Council directed staff to work with the developer on Option 1 A Phasing plan. TWILIGHT ACRES, PETITION FOR WATER, JIM STUDENSKI City Engineer Studenski advised the City did receive a petition for water in Twilight Acres 1' and 2nd Addition. He distributed a copy of the petition noting the second sheet is not a formal petition. Mr. Lyle Bye, resident of Lino Lakes, stated the residents would like an idea of how much more the water would cost in addition to the street reconstruction. City Engineer Studenski stated he has informed Mr. Bye that the City's cost for this project has already been exceeded. Those additional costs would have to be taken into consideration when cost estimates are given to extend the water. It appears the residents on Nancy Drive are not interested in water service. Mayor Bergeson stated the City has a process for improvements. If the City received a formal petition the City must go through the proper process. Community Development Director Grochala advised the water should have been constructed when the project was done. The City has the option of putting the water in, funded through trunk funds, and charge residents when they hook up. The City would probably have to get the project re -bid. • Council directed staff to confer with the Finance Director regarding the availability of trunk funds and obtain preliminary figures of a cost estimate to extend the water. • Mr. Bye stated a neighborhood meeting would be very helpful regarding this issue. ANDOVER RESOLUTION IN SUPPORT OF LOCAL GOVERNMENT CONTROL, LINDA WAITE SMITH City Administrator Waite Smith distributed a copy of a resolution the City of Andover passed saying to the legislature and governorthey are supportive of local government control. The City of Lino Lakes has been invited to pass a similar resolution and distribute it to the governor and legislators. Resolution in Support of Local Government Control was added to the regular Council agenda Monday, April 14, 2003, 6:30 p.m. COUNTY STATE AID HIGHWAY 14 — EA/EAW RESPONSE, MICHAEL GROCHALA Community Development Director distributed a memo regarding the CSAH 14-8 Environmental Assessment Review. He reviewed the issues within Lino Lakes including • • CITY COUNCIL WORK SESSION APRIL 9, 2003 APPROVED wetland mitigation, area of impervious surface, the floodplain, noise and the acquisition of right-of-way. Community Development Director Grochala advised staff feels the potential impacts identified in the assessment will be appropriately mitigated through conformance with existing regulatory approval processes. Per Council direction, staff will send a letter to Washington County with the City's response. Council directed staff to forward a letter to Washington County regarding the staff response to the EAW. REGULAR AGENDA, APRIL 14, 2003 There were no changes to the regular Council agenda. The meeting was adjourned at 10:30 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on May 12, 2003. Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 8