HomeMy WebLinkAbout05/12/2003 Council MinutesAPPROVED
1 CITY OF LINO LAKES
2 MINUTES
3
4
5 DATE : May 12, 2003
6 TIME STARTED : 6:30 P.M.
7 TIME ENDED : 8:20 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; City Engineer, Jim Studenski; City Planner, Jeff Smyser;
14 Public Safety Director, Dave Pecchia (part); Fire Chief, Milo Bennett (part); and City Attorney, Bill
15 Hawkins.
16
17 SETTING THE AGENDA
18
19 Mayor Bergeson noted that Items 7Bii and 7C will be rescheduled to the next Council meeting.
20
21 The agenda was approved as amended.
22
23 CONSENT AGENDA
24
• 25 Councilmember Dahl moved to approve the Consent Agenda, as submitted. Councilmember Carlson
26 seconded the motion.
27
28 Motion carried unanimously.
29
30 ITEM ACTION
31
32 A. CONSIDERATION OF EXPENDITURES:
33
34 i) May 12, 2003 (Check No. 67985-
35 68106, $212,217.05) Approved
36
37 ii) Centennial Fire District (Check No. 13761 -
38 13787, $8,900.47) Approved
39
40 OPEN MIKE
41
42 No one else was present for open mike.
43
44 FINANCE DEPARTMENT REPORT, AL ROLEK
45
46 There was no Finance Department Report to consider.
47
• 48
COUNCIL MINUTES MAY 12, 2003
APPROVED
6 1 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
2
3 Consideration of Resolution No. 03-69, Authorizing Expenditure of $8,000 from Capital
4 Improvement Fund (401) to Pay for Additional Testing of Civic Center Building Envelope,
5 Linda Waite Smith — City Administrator Waite Smith presented the staff report and stated staff is
6 recommending authorization to use $8,000 from the Capital Improvement Program Fund (401) to pay
7 for additional testing to the building envelope of the Civic Complex.
8
9 Councilmember O'Donnell moved to adopt Resolution No. 03-69, Authorizing Expenditure of $8,000
10 from Capital Improvement Fund (401) to Pay for Additional Testing of Civic Center Building
11 Envelope. Councilmember Dahl seconded the motion.
12
13 Motion carried unanimously.
14
15 Resolution No. 03-69 can be found in the City Clerk's office.
16
17 Consideration of Resolution No. 03-70, Authorizing Staff to Issue a Special Event Permit and a
18 Cabaret License to Miller's on Main for Street Dance, August 15 and 16, 2003, Ann Blair -
19 City Clerk Blair presented the staff report and stated staff recommends approval of the resolution
20 granting the Special Event Permit and Cabaret License contingent upon successful completion of the
21 conditions and payment of a $150 application fee.
22
23 Councilmember Carlson moved to adopt Resolution No. 03-70, Authorizing Staff to Issue a Special
24 Event Permit and a Cabaret License to Miller's on Main for Street Dance, August 15 and 16, 2003.
i25 Councilmember Reinert seconded the motion.
26
27 Motion carried unanimously.
28
29 Resolution No. 03-70 can be found in the City Clerk's office.
30
31 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
32
33 There was no Public Safety Department Report to consider.
34
35 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
36
37 There was no Public Services Department Report to consider.
38
39 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA
40
41 Consideration of Resolution No. 03-44, Eagle Brook Church EAW, Declaration on Need for
42 EIS, Jeff Smyser — City Planner Smyser summarized the staff report and advised staff is
43 recommending the Environmental Assessment Worksheet (EAW) analyses and the public comments
44 do not raise the potential for significant environmental effects. Thus staff recommends the Council
45 adopt the resolution making a negative declaration on the need for an Environmental Impact
46 Statement (EIS).
47
2
COUNCIL MINUTES MAY 12, 2003
APPROVED
1 Mayor Bergeson noted that a public hearing had already been held but asked if anyone in the
• 2 audience would like to provide additional input.
3
4 Barbara Bor, 7707 20th Avenue N., Hugo, representing the HERON Group, read a prepared statement
5 thanking the Council for listening to the environmental concerns expressed by the neighborhood. She
6 noted that the Council will be taking action tonight without an actual plan being presented which
7 would allow for a full environmental impact analysis. Ms. Bor stated that should the Council vote in
8 favor of a negative declaration regarding the need for an EIS, it will not negate the neighborhood's
9 concerns. She advised that a draft letter has been written by the HERON Group to Eagle Brook
10 Church to clarify the statement made by the Church Operation Director at the last Council meeting
11 that HERON was unwilling to meet with the church.
12
13 Ms. Bor stated HERON's statements to church staff since the presentation of a larger project vision
14 and the roll out of a conceptual drawing at a neighborhood meeting has indicated they would meet
15 with the church board and BWBR when a submitted plan is available.
16
17 Ms. Bor requested that after the Council's vote, staff summarize the next steps to send the Council's
18 ruling and the RGU summary of the EAW to the Environmental Quality Board (EQB). She stated
19 that she would like to receive copies of the correspondences that will be sent to the EQB and to hear
20 formally from the Environmental Board regarding the date the EQB receives the City's ruling.
21
22 Scott Anderson, Director of Operations for Eagle Brook Church, stated they look forward to working
23 with the Council and staff. He noted the EIS worksheet was completed and they look forward to
24 taking the next steps.
• 25
26 Councilmember Dahl stated Jerry Berg contacted her, asked if tonight would be a public hearing, and
27 if he would be allowed to speak tonight. She stated she informed him it would not be a public
28 hearing and it would be up to the Mayor and Council whether he was allowed to speak.
29
30 Mayor Bergeson stated a willingness to listen to Mr. Berg's comments.
31
32 Jerry Berg, Assistant Coordinator for the Lino Lakes History Project, commented on the County and
33 State agencies that had concern with the area. He read from a DNR correspondence mentioning the
34 Heron area and natural community of cattail marshes. He also read from the State Archeologist's
35 correspondence stating it would have been desirable to include maps with the project to identify the
36 location of features.
37
38 Mr. Berg stated several people have asked him why, if this is such an important historical area and
39 large habitation of American Indians, the Indian community has not been involved. He stated he is
40 involved and in contact with several leaders of the Dakota Council and other groups. He stated they
41 are concerned about this and their homeland and hope the Council recognizes that. He stated if the
42 EAW is approved, he would suggest having an archeologist with the developer to follow and
43 investigate prior to work. Mr. Berg advised the Council of a previous project in another metropolitan
44 location where they found human bones when they started to dig. He asked the Council to make sure
45 the project is handled correctly.
46
47 Community Development Director Grochala stated the letter Mr. Berg referenced was dated July 19,
48 2002 and did identify some issues. He advised that included in the EAW is an additional letter from
3
COUNCIL MINUTES MAY 12, 2003
APPROVED
1 the State Archeologist expressing thanks for the additional information that had been submitted and
• 2 indicating the areas of concern are outside of the project.
3
4 Councilmember O'Donnell moved to adopt Resolution No. 03-44, Eagle Brook Church EAW,
5 Declaration on Needs for EIS. Councilmember Reinert seconded the motion.
6
7 Councilmember Carlson referred to the Staff report indicating the DNR does not recommend an EIS
8 since there is no need for an EIS. She stated the Council does not always follow the recommendation
9 of organizations. She reviewed Agenda Item 5 on the Planning Commission agenda this Wednesday
10 related to a setback issue, noting the Shoreland Management Ordinance was adopted in response to
11 Minnesota statutes and requires a 150 foot setback. Mr. Hovey (DNR) reviewed it and does not
12 oppose the application for the addition and setback variance as long as it is not built any closer to the
13 Ordinary High Water (OHW) than the current nonconforming structure. She stated that she has not
14 made up her mind on how she will vote on that issue when it comes before the Council. She noted
15 staff does not recommend a variance that does not demonstrate a hardship so staff recommends denial
16 of the variance.
17
18 Councilmember Carlson referenced Page 3 indicating that the road capacity issue cannot be resolved
19 by Eaglebrook Church alone. She stated that she is concerned with this and all developments paying
20 their fair share, because otherwise the taxpayers pay. She noted the staff reference saying the church
21 did not cause this infrastructure problem but is the first one to confront the problem. She stated that is
22 correct and that the problem has to be confronted because the church is setting precedence for projects
23 that will follow on the acreage south of the church and along the corridor. She stated basically we are
24 setting a template.
• 25
26 Councilmember Carlson commented on the need for cooperative infrastructure but noted that so far
27 the City has not identified any source of funding. She stated she is concerned about the sewer and on -
28 site waste water treatment.
29
30 Councilmember Carlson stated she tried to put this into the context of what the citizens thought and
31 noted that through the 2020 Vision Project, it was indicated residents want a more proactive approach
32 on environmental issues by the City Councilmembers. She agreed there needs to be a balance
33 between the environment and development. She noted that in the Lino Lakes Quality of Life Survey,
34 residents valued open spaces, rural ambiance, and openness.
35
36 Councilmember Carlson stated that in looking at the four criteria that she has to be able to say "yes"
37 to, it is hard to make a determination without a plan or knowledge of future phases. She noted if they
38 followed the Comprehensive Plan Greenway map, it would have resolved a lot of the issues discussed
39 tonight. She read the three questions she had asked at the April 28, 2003 Council meeting and stated
40 the response was that previous presentationsby the church led to confusion by the residents and the
41 EAW represents all plans by the church for the foreseeable future and all construction would be
42 subject to the same conditions.
43
44 Councilmember Carlson read the comments received from the Sierra Club and noted that several
45 residents had those same comments. She stated that when this project was presented, it was said there
46 was a need for 60 or more acres. She stated she has had concerns with other development on this
• 47 project all along and noted the EAW is to identify the complete project. She stated the Council is
4
COUNCIL MINUTES MAY 12, 2003
APPROVED
1 looking at the current project but she is not sure that is what was shown in the past or will be built in
2 the future.
3
4 Councilmember Carlson stated she had asked if the church will contribute towards infrastructure costs
5 as outlined in the Comprehensive Plan. She stated there are also the roads, sewer, and water. With
6 the sewer, the best answer would have been a simple 'yes' that they would connect to the sewer
7 within 24 months of a sewer line being brought up to the property as stated by the Met Council, rather
8 than their answer 'if the Metropolitan Council requires it'. She noted the Comprehensive Plan
9 addresses utilities and the church's response was to pay for the infrastructure costs based on the
10 assessment formula. Butthe Comprehensive Plan raises an additional issue when a project goes in
11 before the roads and infrastructure are available. She read a portion of the Comprehensive Plan
12 related to that type of situation and stated she is not asking the church to pay more than their fair
13 share. She asked that everyone who develops along that road chip in on the infrastructure so the
14 residents don't have to pick it up.
15
16 Councilmember Carlson stated she also had asked if the church will honor the greenway as shown in
17 the Comprehensive Plan. She asked staff to display a map of the greenway and noted that this is a
18 significant greenway and there is also another wetland that because of its location would have to be
19 replaced. She stated this may have helped with the neighborhood and other individuals with concerns
20 of the environment, and with my understanding this will not harm the environment. Councilmember
21 Carlson noted the response to her question on Page 34 of the EAW, second full paragraph, which
22 states the Church's site plan is compatible with the City's greenway plan. She also read the Sierra
23 comment asking the City to guarantee and read from the Comp Plan on how to preserve greenways
24 protection and additional comments from the EAW.
• 25
26 Councilmember Carlson stated she has to ask herself if she can say 'yes' to those four criteria and,
27 with the information she has, and without the details, that is very hard for her to do.
28
29 Mayor Bergeson stated there have been a number of issues raised including the environment, heron
30 rookery, Peltier Lake, traffic on 20th Avenue, neighborhood impacts, and historical issues so it is
31 clear to him that City staff, the City Council, neighborhood, church staff, and church members all
32 have noted those issues. He stated that he believes all will work on those issues to assure they are
33 addressed as things move forward. Mayor Bergeson stated some may prefer to not have the church
34 there and they have gotten the attention of City Council and staff about those issues.
35
36 Councilmember Reinert stated at the last meeting he had asked for several more weeks to look at the
37 information provided to the Council. He stated he read that information and did not see anything that
38 was a "red flag" for him. He stated at the last meeting he was prepared to support a negative
39 declaration based on adequate information from the Sierra Club, County, Rice Creek Watershed
40 District, and other agencies. He stated he had asked for an additional two weeks of consideration out
41 of respect for the people who provided the additional information.
42
43 Councilmember Dahl stated that these issues will be looked at by staff and the church. She asked if a
44 covenant or condition can be included in the developers agreement saying they will be responsible for
45 sewer and water improvements and that if there are drainage problems related to the church they will
46 also be responsible for that and the improvement.
• 47
5
COUNCIL MINUTES MAY 12, 2003
APPROVED
1 Mayor Bergeson stated that conditions can be included in the conditional use permit but probably not
• 2 on this declaration.
3
4 Community Development Director Grochala stated that typically the EAW process is not approval or
5 denial of the project and once the application is received staff will conduct its typical review process.
6 With regard to requirements, most likely a subdivision will not be in this process so the City is
7 limited by State law on what can be included. He advised the Council of the agreements that can be
8 reached and stated that when sewer and water is extended into the area, the City will follow the
9 Chapter 429 procedures.
10
11 City Attorney Hawkins stated his opinion that they would be responsible for improvement costs to the
12 extent they receive benefit. He noted that is no different than with other projects within the City.
13
14 Councilmember Carlson stated the information provided last week included an article from USA
15 Today related to the law enacted by Congress in 2000 related to the Religious Land Act. She stated
16 she thinks the City will have difficulty with the conditional use permit and implementing the
17 Comprehensive Plan.
18
19 Mayor Bergeson noted that some of the articles provided at the last meeting were negative in tone and
20 not what the City has experienced with this application.
21
22 Councilmember Dahl stated that voting on this is by no means a guarantee that it will be rezoned or a
23 conditional use permit granted. Mayor Bergeson stated that is correct and explained this is just one
24 step in the process.
. 25
26 City Planner Smyser stated if the resolution is adopted tonight, staff will send copies of that decision
27 and corrected response document to all the agencies that commented on the EAW. The next step for
28 the church would be to make formal submittal if they desire to proceed. He stated he assumes they
29 will be talking with staff during that application process.
30
31 Mayor Bergeson stated the HERON Group has requested copies of the official communications made
32 to the various agencies. City Planner Smyser explained the information that will be included in the
33 correspondence. Mayor Bergeson asked that the church and HERON Group be copied on that
34 correspondence.
35
36 Motion carried 3-2 nays (Councilmemers Dahl and Carlson).
37
38 Resolution No. 03-44 can be found in the City Clerk's office.
39
40 Mayor Bergeson called for a brief recess at 7:21 p.m. The meeting was reconvened at 7:27 p.m.
41
42 Century Farm North Residential Subdivision, Jeff Smyser
43
44 i. Consider Second Reading of Ordinance No. 12-03, Approving Rezoning to
45 Planned Unit Development
46
47 City Planner Smyser stated that the first reading of Ordinance 12-03 occurred at the April 28, 2003
• 48 meeting. If second reading is approved tonight, the ordinance would be published May 20 and
6
COUNCIL MINUTES MAY 12, 2003
APPROVED
1 become effective June 19, 2003. He emphasized that this deals only with the rezoning and not
• 2 conditions of approval.
3
4 Councilmember O'Donnell moved to approve SECOND READING and Adopt Ordinance No. 12-03,
5 Approving Rezoning to Planned Unit Development. Councilmember Dahl seconded the motion.
6
7 Councilmember O'Donnell voted aye. Councilmember Dahl voted aye. Councilmember Carlson
8 voted yea. Councilmember Reinert voted yea. Mayor Reinert voted yea.
9
10 Ordinance No. 12-03 can be found in the City Clerk's office.
11
12 ii. Consideration of Resolution No. 03-68, Approving Grading Plan
13
14 City Planner Smyser explained that as part of the preliminary plat approval, a condition was placed on
15 the landscaping plan of the existing pond. Staff is still reviewing the landscaping plan and does not
16 have a recommendation on that tonight.
17
18 This item will be brought before the Council along with a development agreement at the May 27,
19 2003 Council meeting.
20
21 iii. Public Hearing, Consider First Reading of Ordinance No. 14-03, Approving Vacation of
22 Carl Street
23
24 City Planner Smyser stated this is a public hearing and involves the vacation of the existing Carl
40 25 Street right-of-way. He presented a site plan depicting the subject site and noted the area under
26 consideration for vacation.
27
28 Mayor Bergeson opened the public hearing at 7:30 p.m.
29
30 John Johnson, project engineer for Mr. Uhde, stated their support for the vacation request.
31
32 Councilmember Reinert moved to close the public hearing at 7:31 p.m. Councilmember Carlson
33 seconded the motion.
34
35 City Planner Smyser stated staff recommends the Council support first reading of the draft ordinance.
36
37 Councilmember Dahl moved to approve FIRST READING of Ordinance No. 14-03, Approving
38 Vacation of Carl Street. Councilmember Reinert seconded the motion.
39
40 Mayor Bergeson noted the issue of the collector street and discussion about signage to notify
41 residents that the street would go through at some time in the future. Community Development
42 Director Grochala stated official action is not needed since the City has discretion of signage over its
43 roadways. He indicated that a barricade will be required and it will be signed.
44
45 Mayor Bergeson noted the developer has indicated a willingness to assist with that effort.
46
47 Councilmember Dahl voted yea. Councilmember Reinert voted yea. Councilmember Carlson voted
• 48 yea. Councilmember O'Donnell voted yea. Mayor Reinert voted yea.
7
COUNCIL MINUTES MAY 12, 2003
APPROVED
1
• 2 iv. Consideration of Resolution No. 03-65, Accepting Century Farm North Lift
3 Station Feasibility Study, Jim Studenski
4
5 City Engineer Studenski presented the staff report and recommendation for the Council to approve
6 Resolution No. 03-65, Accepting Century Farm North Lift Station Feasibility Study.
7
8 Councilmember Carlson asked about the area to be served. City Engineer Studenski described the
9 area to be served and stated that a map will be provided.
10
11 Councilmember Carlson moved to adopt Resolution No. 03-65, Accepting Century Farm North Lift
12 Station Feasibility Study. Councilmember Dahl seconded the motion.
13
14 Motion carried unanimously.
15
16 Resolution No. 03-65 can be found in the City Clerk's office.
17
18 Consideration of First Reading of Ordinance No. 11-03, Amending Permitted Hours of
19 Construction Set Forth in City Code, Jeff Smyser - This item was rescheduled to the May 27,
20 2003 Council agenda.
21
22 Consideration of Second Reading of Ordinance No. 10-03, Adopting Minnesota State Building
23 Code, Michael Grochala - Community Development Director Grochala advised that the First
24 Reading of this ordinance occurred on April 14, 2003 and Second Reading was tabled due to concerns
• 25 over requirements for sprinkling aircraft hangars. He advised that anything exceeding 2,000 square
26 feet is categorized as an S-1 moderate -hazard storage occupancy and needs to be sprinkled. He stated
27 most planes can fit into a structure of 2,000 square feet or less, so most typical uses can be
28 accommodated.
29
30 Community Development Director Grochala explained that some of the larger airport lots can
31 accommodate a hangar over 2,000 square feet without sprinlding if a separation distance can be met.
32 However, the newer lots will not have that opportunity due to smaller lot sizes. He stated that staff
33 recommends the Council approve Second Reading of Ordinance No. 10-03 Adopting the 2003 State
34 Building Code and City Fee Schedule, including the following Chapters: Chapter 1306, Special Fire
35 Protection Systems including Option 1306.0020, Subpart 2, and Option 1306.0030, E-1, and Chapter
36 1335 Floodproofing Regulations. He provided a description of each.
37
38 Mayor Bergeson asked about the fees that are referenced and if they are required to be part of the
39 ordinance rather than a separate fee schedule that can be amended from time to time. Community
40 Development Director Grochala advised that pursuant to changes in State law last year, fees must be
41 adopted by ordinance. In the case of the Building Code, previous Codes contained a table stating the
42 building permit fees. That fee schedule is no longer included in the State Building Code so staff has
43 incorporated a new fee schedule in conjunction with this ordinance.
44
45 Fire Chief Bennett stated Mr. Grochala did a good job of summarizing his findings on hangar square
46 footages that would require sprinlding.
.47
8
COUNCIL MINUTES MAY 12, 2003
APPROVED
1 Councilmember Dahl asked if industrial, institutional, and commercial properties are on City sewer
• 2 and water. Community Development Director Grochala stated there may be some existing
3 commercial and industrial uses that are not on City sewer and water but the new Code indicates the
4 property would not be rezoned without those provisions being present.
5
6 Community Development Director Grochala stated none of the current hangars have City sewer and
7 water but any new hangars will be required to have sewer and water. He noted there are means to
8 sprinkle a building without the use of City water.
9
10 Fire Chief Bennett stated they can build over 2,000 square feet without sprinkling if the hangar has 60
11 feet of clearance around the building. He advised that the exception for sprinkling can be waived. If
12 they don't have City water and do not want to put in a water supply, then the hangar must be under
13 2,000 square feet. He advised that there are commercial buildings in Lino Lakes that are on a water
14 system other than City water.
15
16 Councilmember Reinert asked about the 60 feet of clearance. Fire Chief Bennett explained how the
17 process could occur and not require a variance.
18
19 Councilmember Dahl asked if this will help the residents. Two audience members stated they are
20 unsure at this point.
21
22 Councilmember Reinert moved to approve SECOND READING and adopt Ordinance No. 10-03,
23 Adopting Minnesota State Building Code. Councilmember Carlson seconded the motion.
•24
25 Councilmember Dahl asked how much this will cost residents. Community Development Director
26 Grochala stated it will not cost anything additional if the hangar is under 2,000 square feet. He
27 reviewed the types of items that could be stored within the hangar. Councilmember Dahl stated it
28 appears the larger concern is not the aircraft but fuel that could be stored within the hangar.
29
30 Councilmember Reinert noted this is a requirement of the State Building Code and the City needs to
31 keep its Building Code current as well. He noted the exceptions that are allowable and flexibility
32 once City water is available.
33
34 Councilmember Carlson noted the joint powers agreement with the Centennial Fire District requires
35 that Lino Lakes pass this Building Code.
36
37 Mayor Bergeson reviewed the research conducted by staff and Fire Chief Bennett.
38
39 Councilmember Reinert voted yea. Councilmember Carlson voted yea. Councilmember Dahl voted
40 yea. Councilmember O'Donnell voted yea. Mayor Reinert voted yea.
41
42 Motion carried unanimously.
43
44 Ordinance No. 10-03 can be found in the City Clerk's office.
45
46 Consideration of Resolution No. 03-63, Authorizing Preparation of Environmental Assessment
47 Worksheet (EAW), Village Development, Michael Grochala — Community Development Director
48 Grochala advised this request is for authorization to prepare an Environmental Assessment Worksheet
9
COUNCIL MINUTES MAY 12, 2003
APPROVED
1 (EAW) for the Village Development. He explained that under State statutes, this size and type of
• 2 development requires that an EAW be completed by the City. Community Development Director
3 Grochala presented the staff report and stated SEH will also be completing a separate traffic impact
4 analysis. He advised that the developer will be required to escrow funds to cover the costs and stated
5 staff recommends adoption of Resolution No. 03-63, Authorizing Preparation of Environmental
6 Assessment Worksheet (EAW), Village Development.
7
8 Councilmember Carlson noted this EAW and the EAW in the next agenda item are mandatory.
9 Community Development Director Grochala stated that is correct and the guidelines recommend the
10 EAW be started as soon as it is known one will be needed. He explained that this is the preferred
11 method so the project can be designed around issues, should they arise.
12
13 Councilmember Carlson noted the staff report indicates "this review looks at how a proposed project
14 could potentially effect the environment and ways to avoid or minimize the impacts before the project
15 is built." She stated that knowing about the project will help to design one to minimize the impacts
16 and asked if the Council will receive additional information on the project. Community Development
17 Director Grochala answered in the affirmative and explained the steps that will be taken during this
18 process.
19
20 Mayor Bergeson asked why two EAWs are being recommended. Community Development Director
21 Grochala stated staff researched that question. It was determined that the EAWs would be conducted
22 in tandem but with two separate processes, one project will not get bogged down should issues arise
23 with the other.
•24
25 Councilmember Reinert moved to adopt Resolution No. 03-63, Authorizing Preparation of
26 Environmental Assessment Worksheet (EAW), Village Development. Councilmember Dahl
27 seconded the motion.
28
29 Motion carried unanimously.
30
31 Resolution No. 03-63 can be found in the City Clerk's office.
32
33 Consideration of Resolution No. 03-64, Authorizing Preparation of Environmental Assessment
34 Worksheet (EAW), Lakes Business Park, Michael Grochala — Community Development Director
35 Grochala advised that the developers of Lakes Business Park are proposing to plat approximately 32
36 acres on Lake Drive to create a site for potential light industrial use plus three outlots for future
37 development. He presented the staff report and stated staff recommends the Council adopt Resolution
38 No. 03-64, Authorizing Preparation of the Environmental Assessment Worksheet (EAW), Lakes
39 Business Park.
40
41 Mayor Bergeson asked about potential uses and truck traffic. Community Development Director
42 Grochala stated the whole corridor will need to be addressed. He advised of the potential use for a
43 truck -delivery business and stated staff shares the concern about semi -truck traffic.
44
45 Mayor Bergeson asked if a second entrance will be provided. Community Development Director
46 Grochala stated the original plans were to bring Town Center Parkway around but staff does not
•47 know if that is feasible. He explained that crossing the creek would be a large obstacle so it is
48 possible there could be one access into the site. Community Development Director Grochala stated
10
COUNCIL MINUTES MAY 12, 2003
APPROVED
1 staff will have to analyze what happens with the property on the other side of the street and whether
• 2 that should be a future controlled intersection.
3
4 Councilmember O'Donnell moved to adopt Resolution No. 03-64, Authorizing Preparation of
5 Environmental Assessment Worksheet (EAW), Lakes Business Park. Councilmember Dahl seconded
6 the motion.
7
8 Motion carried unanimously.
9
10 Resolution No. 03-64 can be found in the City Clerk's office.
11
12 Consideration of Resolution No. 03-66, Authorizing Preparation of Plans and Specifications,
13 Twilight Acres Watermain Extension, Jim Studenski — City Engineer Studenski advised that the
14 sanitary sewer installation in the Twilight Acres / Twilight Acres 2nd Addition has been completed.
15 A petition was received by the residents in the area for extension of the watermain on Vicky Lane and
16 on the north half of Nancy Drive. City Engineer Studenski presented the staff report and stated staff
17 recommends the Council adopt Resolution No. 03-66, Authorizing Preparation of Plans and
18 Specifications, Twilight Acres Watermain Extension.
19
20 City Engineer Studenski stated that staff has worked with the City Attorney and been advised of the
21 need to consider this a separate City project. The costs would be covered through connection charges.
22
23 Councilmember Carlson moved to adopt Resolution No. 03-66, Authorizing Preparation of Plans and
24 Specifications, Twilight Acres Watermain Extension. Councilmember Dahl seconded the motion.
• 25
26 Motion carried unanimously.
27
28 Resolution No. 03-66 can be found in the City Clerk's office.
29
30 Consideration of Resolution No. 03-67, Authorizing Acquisition of Right-of-Way/Easements,
31 Elm Street Reconstruction Project, Jim Studenski — City Engineer Studenski advised that due to
32 the deteriorating condition of Elm Street between Sunset Road and Grey Heron Drive, the Council
33 authorized the preparation of plans and specifications for the Elm Street Reconstruction project. He
34 presented the staff report and advised staff recommends the Council adopt Resolution No. 03-67,
35 Authorizing Acquisition of Right-of-Way/Easements, Elm Street Reconstruction Project.
36
37 City Engineer Studenski advised that staff has signatures from residents who have agreed to the
38 appraisals and has begun the eminent domain process to assure the project will be completed on time.
39 Should the resident agree to the appraisal, those eminent domain proceedings would be dropped. He
40 stated that if a higher appraisal agreement is negotiated, it would come before the Council.
41
42 Councilmember Reinert moved to adopt Resolution No. 03-67, Authorizing Acquisition of Right -of -
43 Way/Easements, Elm Street Reconstruction Project. Councilmember Dahl seconded the motion.
44
45 Motion carried unanimously.
46
47 Resolution No. 03-67 can be found in the City Clerk's office.
48
11
COUNCIL MINUTES MAY 12, 2003
APPROVED
1 Consideration of Resolution No. 03-71, Approving the Performance Agreement with Living
• 2 Waters Lutheran Church, Jeff Smyser — City Planner Smyser reviewed that on March 10, 2003,
3 the Council approved the expansion of Living Waters Lutheran Church and required a performance
4 agreement to ensure that specific site work is completed. City Planner Smyser presented the staff
5 report and stated staff recommends the Council adopt Resolution No. 03-71, Approving the
6 Performance Agreement with Living Waters Lutheran Church.
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8 Councilmember Dahl moved to adopt Resolution No. 03-71, Approving the Performance Agreement
9 with Living Waters Lutheran Church. Councilmember O'Donnell seconded the motion.
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11 Motion carried unanimously.
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13 Resolution No. 03-71 can be found in the City Clerk's office.
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15 UNFINISHED BUSINESS
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17 There was no Unfinished Business to consider.
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19 NEW BUSINESS
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21 Approval of Minutes of April 9, 2003 Council Work Session Minutes
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23 Approval of Minutes of April 23, 2003 Council Work Session Minutes
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25 Approval of Minutes of April 28, 2003 City Council Meeting Minutes
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27 Councilmember Carlson requested the following corrections:
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29 April 23, 2003, Page 3, 7th paragraph: "Councilmember Carlson stated she-is-eenserned that the
30 stadium may go into Blaine and she is concerned the City of Lino Lakes..."
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32 April 28, 2003, Page 13, Line 603: "Councilmember Carlson asked if the church will contribute to
33 the infrastructure plans costs as stated in the..."
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35 Councilmember Reinert moved to approve the April 9, 2003 Council Work Session Minutes as
36 presented; the April 23, 2003 Council Work Session Minutes as corrected, and April 28, 2003 City
37 Council Meeting Minutes, as corrected. Councilmember Carlson seconded the motion.
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39 Motion carried unanimously.
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COUNCIL MINUTES MAY 12, 2003
APPROVED
1 COMMUNITY CALENDAR MAY 13, 2003 THROUGH MAY 27, 2003:
• 2
3 Wednesday, May 14, 2003, 6:30 p.m., Planning & Zoning Board Meeting
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5 Wednesday, May 21, 2003, 5:30 p.m., Council Work Session
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7 Monday, May 26, 2003, Memorial Day Observed, City Hall Closed
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9 Tuesday, May 27, 2003, 6:30 p.m., City Council Meeting
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11 ADJOURN
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13 There being no further business, Councilmember O'Donnell moved to adjourn at 8:20 p.m.
14 Councilmember Dahl seconded the motion.
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16 Motion carried unanimously.
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18 These minutes were considered and approved at the regular Council Meeting, May 27, 2003.
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22 Ann Blair, City Clerk John Bergeson, Mayor
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24 Transcribed by:
• 25 Carla Wirth
26 TimeSaver Off Site Secretarial, Inc.
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