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HomeMy WebLinkAbout05/27/2003 Council MinutesAPPROVED 1 CITY OF LINO LAKES •2 MINUTES 3 4 5 DATE : May 27, 2003 6 TIME STARTED : 6:35 P.M. 7 TIME ENDED : 8:28 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Clerk, Ann Blair; City Engineer, Jim Studenski; Community 13 Development Director, Michael Grochala; City Planner, Tanda Gretz; and City Attorney, Bill 14 Hawkins. 15 16 SETTING THE AGENDA 17 18 Mayor Bergeson noted there were several students from Centennial Schools attending the meeting, 19 working on credit for an American Government class. He asked them to introduce themselves and 20 lead everyone in the pledge of allegiance. The students were Colin Pearson, Jody Gruffinan and 21 Trevor Freeberg. 22 23 Mayor Bergeson indicated item 3A, Delinquent Water and Sewer Utility Charges, has been removed 24 from the agenda, as were items 9A and 9C, approval of minutes. The agenda was approved as •25 amended. 26 27 Dahl asked that a moment of silence be observed. Mayor Bergeson explained that Don Dunn, a 28 longtime resident and member of several community boards passed away today. Councilmember 29 Carlson added he was also a terrific grandfather. 30 31 CONSENT AGENDA 32 33 Councilmember Carlson moved to approve the Consent Agenda as submitted. Councilmember Dahl 34 seconded the motion. 35 36 Motion carried unanimously. 37 38 ITEM ACTION 39 40 A. CONSIDERATION OF EXPENDITURES: 41 42 i) May 27, 2003 (Check No. 68107 - 43 68230, $360,848.51). Approved 44 45 ii) Centennial Fire District (Check No. 13788 - 46 13808, $31,756.09) Approved 47 • 48 COUNCIL MINUTES MAY 27, 2003 APPROVED 49 OPEN MIKE • 50 51 Mayor Bergeson gave a brief presentation on the State of the City, highlighting activities of various 52 City departments. He indicated that for the Public Safety department, as the city's population grows, 53 so does the number of police calls, but the number of serious crimes per 1,000 population continues 54 to be very low compared to metro area cities of similar size. That is largely due to a Community 55 Oriented Policing philosophy that has helped develop 39 Neighborhood Watch Groups. He indicated 56 the department is proactive about offering helpful information to the community and is very proud of 57 the classes and seminars they are able to provide. Some of the newer programs include self defense 58 classes for women, drug recognition classes for parents and in conjunction with Centennial Fire 59 District, a seven -week Citizens Academy for adults and a Safety Camp for children. Last year the 60 department initiated a Focus Group of residents, citizen academy graduates and business owners to 61 assist the department by providing feedback and reviewing proposed policies and programs. 62 63 Mayor Bergeson stated the Public Services department has been involved in several initiatives. First, 64 in the Parks Department, there was a city referendum in April of 2002, to ask the voters if they would 65 fund development of an athletic complex and improvements to existing parks and the trail system. 66 The answer was a disappointing, but very clear "NO." The City accepted that and turned attention 67 toward maximizing the resources available. He stated regular and seasonal employees maintain the 68 parks, and with the help of neighborhood volunteers they also develop parks. This past year, 69 Highland Meadows Park was transformed from an open field to a neighborhood gathering place with 70 a playground, half basketball court and trails. Clearwater Creek Park was landscaped and a gazebo 71 and playground equipment installed. Playground equipment damaged by vandalism at Brandywood 72 and the Woods of Baldwin Lakes was replaced. 73 74 Mayor Bergeson noted each year the City adds trails and connections to the system. Recently 75 Timberwolf Trail was completed in the northwest part of the Pheasant Hills development. It provides 76 a direct connection to the Regional Park Reserve Trail system. In the Trapper's Crossing area a 77 timber staircase and 315 feet of boardwalk were constructed to provide a trail to Birch Park. 78 79 Mayor Bergeson indicated the Public Services department also has responsibility for the streets. 80 Besides the usual snowplowing, in 2002 the Streets division patched 52 streets by hand using 1,056 81 tons of asphalt mix and applied 4,300 pounds of crack fill material. Employees also repaired 12 82 failing catch basins and installed a culvert north of Main Street. 83 84 For the utilities division, ensuring storage and delivery of potable water is the main focus. An 85 upgrade to Well #1 last year almost doubled its capacity. Equipment was also replaced at the other 86 well and at lift stations. The Spirit Hills lift station became operational, and the program to install 87 phone -read water meters continued, with 1,315 more completed last year. 88 89 Mayor Bergeson indicated that at the civic complex Public Works installed a Power Factor Correction 90 system which should decrease electric bills. He also noted that in late August staff discovered mold 91 in the civic complex. Professionals were hired to assess the extent of the problem and remove the 92 mold, with those efforts completed by mid-February. Then engineering firms tested the mechanical 93 systems and building shell to determine the cause of the problem. The final report was recently 94 issued and it was found the City had already implemented many of its recommendations for avoiding 95 future problems. 96 2 COUNCIL MINUTES MAY 27, 2003 APPROVED 97 Mayor Bergeson stated that recreation programs continue to grow in number and in participation. • 98 Old favorites attracted more participants than ever in 2002: Family Turkey Shoot (167 teams) and 99 Breakfast with Santa (221 participants), Youth Football (315 participants) and Youth Soccer (534 100 participants). Newer programs also proved popular: the first Sweetheart Dance had 131 in attendance 101 and the second annual High Adventures Day Camp reached maximum enrollment. Recently the city 102 renewed an agreement with Centennial School District to maintain its athletic fields in exchange for 103 use of the fields and other facilities for city programs. 104 105 Mayor Bergeson advised that staff and council spent considerable time refining and adopting a Five - 106 Year Financial Plan for 2003-2007, however many of the assumptions upon which the plan is based 107 may change, depending on the state legislature. The plan will be modified as needed and extended 108 annually as part of preparing the annual budget. The city once again earned the Government Finance 109 Officers Association Award for Excellence in Financial Reporting. He stated the City Clerk's office 110 started a document imaging program that electronically stores and transmits city information and 111 records. It will take some time to scan meeting minutes and agenda packets from previous years, but 112 as the system grows, so will the ability to locate data quickly. In Human Resources, a safety 113 committee of employees from various departments researched training needs and developed a 114 program of monthly in-house training opportunities for all city staff. Although the population and 115 service needs continue to increase, our staff levels remain steady. We are fortunate to have little staff 116 turnover among our 65 employees. 117 118 Mayor Bergeson stated that the official city web site was developed and launched in 2002, although it 119 is an ongoing challenge to find time for staff to keep the information up to date. At the same time we 120 look forward and harness new technology, we don't want to lose track of the city's past. The council W21 created the Lino Lakes History Project last year and appointed Betsy Friesen as the volunteer 122 coordinator of the project. She and Jerry Berg are working on a systematic plan to capture artifacts 123 and information for the benefit of future generations. 124 125 Mayor Bergeson stated that from a Community Development perspective, it took all of 2002, but a 126 task force of board members and staff, lead by Councilmember O'Donnell, completely overhauled the 127 Zoning and Subdivision ordinances. The council also adopted a growth management ordinance. 128 Together these measures provide the means to implement the city's revised Comprehensive Plan. He 129 noted commercial development was highly visible during the year as a SuperTarget, Kohl's and 130 McDonald's were built in the Marketplace. He stated that in Environmental Services, Lino Lakes, in 131 conjunction with Centerville, adopted a no -wake ordinance for Lake Peltier. We hope that 132 minimizing disturbance on the lake will encourage Great Blue Herons to return to their nesting area 133 on Lake Peltier Island. He added that in Engineering, the cities of Hugo, Centerville and Lino Lakes 134 started a "Tri -city" coalition to address I -35E corridor concerns that affect all three. The membership 135 now includes Anoka County, Washington County, Columbus Township and MNDOT. 136 137 Mayor Bergeson stated that as expected under the limitations imposed by the Comprehensive Plan, 138 the number of permits for new single family residences fell slightly in 2002, to 218. 139 In addition, 589 permits were issued for residential improvements and 31 for commercial 140 improvements. 141 142 Mayor Bergeson saluted all of the City staff for excellent service. V1143 44 3 COUNCIL MINUTES MAY 27, 2003 APPROVED 145 FINANCE DEPARTMENT REPORT, AL ROLEK 0146 147 There was no report. 148 149 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 150 151 A. Consider Off -Sale Liquor License and Tobacco License Application for Tim Goertz, 152 Spirit Hills Center, Ann Blair 153 154 City Clerk Blair summarized the staff report, indicating it is staff's recommendation to approve the 155 applications with the conditions as outlined in the staff report. 156 157 Councilmember Carlson asked if the road would be completed so the business could open this 158 summer as they hoped. Mr. Goertz indicated it would. Community Development Director Grochala 159 stated they need to coordinate improvements with the County section. 160 161 Mr. Goertz stated it was his understanding they would do the Ware Road, even though the County 162 road will not be done this summer. Community Development Director Grochala reiterated they 163 would need to coordinate construction. 164 165 Councilmember Carlson asked if it will, in fact, be completed. Community Development Director 166 Grochala indicated they may be able to do what is needed for this business now and tear it up when 167 the other improvements are completed. 168 69 Councilmember Carlson stated she was not challenging the license, but noted the traffic on that road 170 is always backed up. Community Development Director Grochala agreed, and indicated it needs to 171 be addressed. They are trying to evaluate the area and determine options. Mr. Goertz asked if they 172 should not, then, begin construction on the road right away as planned. Community Development 173 Director Grochala stated the applicant should contact staff to discuss the plans before any 174 construction takes place. The applicant agreed to do so. 175 176 Councilmember Reinert asked what the retail plan is for this location. Mr. Goertz stated they have 177 done some market studies and determined there is a need for an off -sale upscale liquor store. It will 178 be carpeted, and focus on upper -end wines and such. He acknowledged there are quite a few off -sale 179 stores in the area, but nothing to fit this niche. 180 181 Councilmember Carlson moved to approve the Off -Sale Liquor License and Tobacco License for Tim 182 Goertz, Spirit Hills Center. Councilmember O'Donnell seconded the motion. Motion carried 183 unanimously. 184 185 B. Consider Second Reading of Ordinance No. 13-03, Approving Clerk/Treasurer Charter 186 Language Amendments, Public Hearing, Charter Commission Member Bob Bening 187 188 Mr. Bening summarized the staff report, noting the changes have been approved by the Charter 189 Commission at their January 9, 2003 meeting and the Council approved the First Reading at their 190 April 28, 2003 meeting. It is recommended that Council approve this Second Reading of Ordinance 191 No. 13-03. �92 4 COUNCIL MINUTES MAY 27, 2003 APPROVED 193 Mayor Bergeson opened the public hearing at 6:55 p.m. .94 195 Councilmember Reinert moved to close the public hearing at 6:56 p.m. Councilmember Dahl 196 seconded the motion. Motion carried unanimously. 197 198 Councilmember Dahl moved to approve the SECOND READING of Ordinance No. 13-03 Amending 199 City Charter to Reflect City "Clerk/Treasurer" Language Changes. Councilmember O'Donnell 200 seconded the motion. 201 202 Mayor Bergeson asked when the changes would go into effect. City Clerk Blair indicated the 203 effective date would be 90 days after publication, since this is a change to the Charter, unlike the 30 204 day effective date for typical Ordinance changes. 205 206 Motion carried. Vote: 5 Ayes, 0 Nays. Councilmember Dahl voted yea. Councilmember O'Donnell 207 voted yea. Councilmember Carlson voted yea. Councilmember Reinert voted yea. Mayor Bergeson 208 voted yea. 209 210 Ordinance No. 13-03 can be found in the City Clerk's office. 211 212 C. Consider Changing Start Time of June 9, 2003 Council Meeting 213 214 Mayor Bergeson stated there is a YMCA fundraising event on June 9, 2003. Since the YMCA is part 215 of the new Town Center, the question was raised if the City Council meeting could have a delayed Abk216 start time to accommodate attendance at the fund raising event. 17 218 Acting City Administrator Blair stated she had spoken with the City Attorney, who indicated there 219 was no legal reason that would prevent the Council from changing the official start time. Since the 220 time would be delayed rather than accelerated, public hearings could still be held as no one would be 221 in jeopardy of missing their item by arriving late, and public notice can still be given. Staff was not 222 aware of any items which would cause a conflict on this point. She further stated there is nothing in 223 the existing policy that specifies when a Councilmember may arrive late or leave early, so again there 224 is nothing to prevent a later start time. 225 226 Mayor Bergeson asked how much time would be needed. Councilmember Reinert indicated an hour 227 would be sufficient. 228 229 Councilmember Reinert moved to delay the start time of the June 9, 2003 Council Meeting to 7:30 230 p.m. Councilmember O'Donnell seconded the motion. 231 232 Councilmember Dahl stated she has no problem with the delay, but asked if an hour would be 233 enough. She also asked if details of the event could be provided. Councilmember Reinert 234 commented he felt an hour would be sufficient. 235 236 Councilmember O'Donnell indicated the event will be a YMCA Celebrity Golf outing, which is the 237 primary fundraiser for the Chain of Lakes YMCA. The event will be held at Forest Hills Golf Course 238 in Forest Lake, followed by a silent auction. Interested participants can contact the YMCA for sign - 39 up. 40 5 COUNCIL MINUTES MAY 27, 2003 APPROVED 241 *42 243 Motion carried unanimously. 244 245 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 246 247 There was no report. 248 249 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 250 251 There was no report. 252 253 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 254 255 A. i. Consideration of Second Reading of Ordinance No. 14-03, Approving Vacation of 256 Carl Street, Jeff Smyser 257 258 Community Development Director Grochala summarized the staff report, indicating staff 259 recommends approval. 260 261 Councilmember O'Donnell moved to approve the SECOND READING of Ordinance No. 14-03 262 approving vacation of Carl Street right-of-way. Councilmember Dahl seconded the motion. 263 264 Motion carried. Vote: 5 Ayes, 0 Nays. Councilmember O'Donnell voted yea. Councilmember Dahl W65 voted yea. Councilmember Carlson voted yea. Councilmember Reinert voted yea. Mayor Bergeson 266 voted yea. 267 268 Ordinance No. 14-03 can be found in the City Clerk's office. 269 270 ii. Public Hearing, Consideration of First Reading of Ordinance No. 15-03, Approving 271 Vacation of a portion of Pinto Lane, Jeff Smyser 272 273 Community Development Director Grochala summarized the staff report, indicating it is staff's 274 recommendation to approve the vacation of a portion of Pinto Lane. 275 276 Mayor Bergeson opened the public hearing at 7:08 p.m. There was no one present who wished to 277 speak. 278 279 Councilmember Dahl moved to close the public hearing at 7:08 p.m. Councilmember O'Donnell 280 seconded the motion. Motion carried unanimously. 281 282 Councilmember Carlson moved to approve the FIRST READING of Ordinance 15-03, vacating a 283 portion of the Pinto Lane right-of-way. Councilmember Dahl seconded the motion. 284 285 Motion carried. Vote: 5 Ayes, 0 Nays. Councilmember Carlson voted yea. Councilmember Dahl 286 voted yea. Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Mayor 87 Bergeson voted yea. 1p88 6 COUNCIL MINUTES MAY 27, 2003 APPROVED 289 Ordinance No. 15-03 can be found in the City Clerk's office. .90 291 iii. Consideration of Resolution No. 03-74, Authorizing Preparation of Plans and 292 Specifications, Century Farm North Lift Station, Jim Studenski 293 294 City Engineer Studenski summarized the staff report, indicating it is staff's recommendation to 295 approve Resolution No. 03-74. 296 297 Councilmember Dahl asked how much a lift station costs. City Engineer Studenski indicated they do 298 not have final numbers, but it will be in the range of $250,000 to $350,000. 299 300 Councilmember Dahl asked if the City would be splitting the cost with the Century Farm North 301 developer 50/50. City Engineer Studenski indicated it would be split based on usage and 302 development area. He added the cost is offset by trunk fees collected for the development as well. 303 He stated the plans look favorable to continue development. 304 305 Councilmember Reinert moved to approve Resolution No. 03-74 Authorizing preparation of plans 306 and specifications, Century Farm North Lift Station. Councilmember Dahl seconded the motion. 307 Motion carried unanimously. 308 309 Resolution No. 03-74 can be found in the City Clerk's office. 310 311 iv. Consideration of Resolution No. 03-75, Approving Grading Plan and authorizing 312 execution of Development Agreement for Grading, Jim Studenski �13 314 City Engineer Studenski summarized the staff report, indicating the applicant is present tonight with a 315 Letter of Credit and the escrow amount. He indicated it is staff s recommendation that the Resolution 316 be approved. He added staff will be following up with a development agreement for the entire 317 subdivision development. 318 319 Councilmember Carlson moved to approve Resolution No. 03-75, approving grading plan and 320 authorizing execution of Development Agreement for grading, Century Farm North. Councilmember 321 O'Donnell seconded the motion. Motion carried unanimously. 322 323 Resolution No. 03-75 can be found in the City Clerk's office. 324 325 B. Consideration of Resolution No. 03-73, Amending Conditional Use Permit, Molin 326 Concrete, Jeff Smyser 327 328 Community Development Director Grochala presented the staff report, indicating staff recommends 329 approval, and noting that the Planning and Zoning Board also recommended approval, with the 330 conditions listed below: 331 332 1. The City Engineer's comments in the May 6, 2003 TKDA memo must be satisfied. 333 2. Exterior lighting fixtures shall be hooded and directed to reflect light away from neighboring 334 residential properties and rights-of-way. The fixtures must have a 90 degree cut off angle. 1,335 3. All conditions in Resolution 01-182 continue to apply. 36 7 COUNCIL MINUTES MAY 27, 2003 APPROVED 337 Councilmember O'Donnell moved to approve Resolution No. 03-73 approving amendment of an •338 existing Conditional Use Permit to allow two building additions at Molin Concrete, 415 Lilac Drive, 339 with the conditions listed in the staff report. Councilmember Reinert seconded the motion. 340 341 Motion carried unanimously. 342 343 Resolution No. 03-73 can be found in the City Clerk's office. 344 345 C. Consideration of Resolution No. 03-61, Denying Variance, Rebecca Keller, 6206 Red 346 Maple Lane, Tanda Gretz 347 348 City Planner Gretz summarized the staff report, indicating that staff recommends denying the 349 variance based on the Findings of Fact. She noted that the Planning and Zoning Board voted to 350 recommend approval of the variance on May 14th with a 3-2 vote. 351 352 Councilmember Carlson asked if there was additional information on why the Planning and Zoning 353 Board recommended approval. City Planner Gretz stated that some members felt that 62nd Street is 354 not likely to be constructed, and others felt they should follow the transportation plan. She indicated 355 there was also a question of whether existing wetlands would make it less possible to complete the 356 road. 357 358 Mayor Bergeson asked if the street were connected, where it would come out on the other side. City 359 Planner Gretz showed the exit point on Holly Drive. 360 61 Rebecca Keller, applicant, indicated they have a septic system and a well, and where these would be 362 located when they need to be re -done was an issue. She stated at the time of the Planning and Zoning 363 meeting she did not have complete information, but she demonstrated on a site map where the new 364 tanks will have to be placed in the back, and the drainage field in the front. She indicated that these 365 placement requirements limit their design options further. She stated they have owned the property 366 since 1986, at which time there was a 30 -foot setback requirement. She does not know exactly when 367 it changed, but believes it was fairly recently. She indicated the neighbors have no objections to the 368 addition, and are excited about it since the house has been in need of improvement for several years. 369 She stated the back area may not be buildable due to the water table; they have been told it is not 370 suitable for a septic system so it probably is not suitable for a garage. 371 372 Councilmember O'Donnell stated that on the south side, it appears the encroachment is slanted. Ms. 373 Keller indicated the home is not square on the property, so the further east you go the more it 374 encroaches. 375 376 Councilmember Reinert asked if staff was aware if and when the setback changed from 30 feet to 40 377 feet and the reason for the change. City Planner Gretz indicated that she did some research, and 378 determined that in 1997 it was quoted as 40 feet, and in 1992 the Ordinance also said collector streets 379 have to have a 40 -foot setback. She indicated sometime prior to 1992 it was 30 feet. 380 381 Ms. Keller stated she has documentation that shows that 62nd Street was not designated as a collector 382 street in 1992. Community Development Director Grochala clarified it is not the setback that �383 changed, but the designation of this street to a collector street, which likely changed with the 84 transportation plan. 8 COUNCIL MINUTES MAY 27, 2003 APPROVED 385 .86 Councilmember Reinert clarified that the setbacks for this property were then changed, which limits 387 their ability to do some things. He asked if compensation was given in these types of circumstances. 388 City Attorney Hawkins stated they are not, as the residents are not considered to have a vested 389 interest except under specific circumstances. He added ordinances change regularly. 390 391 Councilmember Reinert asked if the new information about the design limitations and the septic 392 system requirements meet hardship requirements. Community Development Director Grochala stated 393 they have not seen the information prior to this, so he does not know if the septic system being 394 proposed meets the requirements or is the only option. 395 396 Councilmember Reinert asked if this request was perhaps premature. Community Development 397 Director Grochala noted staff had thought they had all the information prior to the applicant 398 presenting this new scenario to the Council this evening. 399 400 Councilmember O'Donnell asked if there was any wording that could be put in the deed so that if 62nd 401 Street was eventually completed, the City would be protected from not being able to complete the 402 project because of protests by the current or future owners that the street would come too close to 403 these structures. 404 405 City Attorney Hawkins stated that the current owner applied for the variance, so they would not be 406 able to oppose the 62nd Street project. As for future owners, the Council could require it be recorded 407 and language could be added to that affect. •09 08 Councilmember O'Donnell asked if the applicant would be open to those conditions. Ms. Keller 410 stated she would. She indicated they bought the home believing the road was going through, but also 411 believing there was only a 30 -foot setback. 412 413 Councilmember Reinert stated he is reluctant to approve a variance under these circumstances, not 414 because of a five year plan or even ten years, but for the Council in twenty-five years who will have 415 to deal with this. He indicated they are currently dealing with a similar situation on Elm Street where 416 a variance was granted and the City may have to move the road because of it. He stated that was why 417 he asked if the new information showed hardship and provided a reason for them to allow the 418 encroachment. He believes the request may be premature and may need more work. He stated 419 looking at this prior to the meeting he was ready to go with the recommendation of staff, and he is 420 looking for help on reasoning if they are going to allow the variance. He asked if staff was still 421 confident in their recommendation or if they wanted to take another look at the site. 422 423 Community Development Director Grochala stated he does not know what other information there is, 424 but they may be able to look at the sewer and septic layout and provide other options. Ms. Keller 425 stated there may be other options for the garage, but the plan has an addition over the garage as well, 426 and other options will not work for that. She stated she has had them come out twice to look at 427 placement of a new septic system. 428 429 Councilmember Dahl asked if there had been an evaluation of where the new mound septic system 430 should be placed. Ms. Keller stated she did, and the evaluator was working with a City Engineer •431 because they thought it may have to encroach on the street right-of-way, but the Engineer thought that 9 COUNCIL MINUTES MAY 27, 2003 APPROVED 432 would be okay. City Engineer Studenski clarified they were probably working with a building .433 inspector. 434 435 Councilmember Dahl stated she agrees the land next to them would be unbuildable, as it is almost a 436 pond back there. She noted the applicant would not be here if the designation on 62' Street had not 437 been changed to a collector road, which it was not when she purchased the property. She agrees with 438 Councilmember O'Donnell's suggestion of attaching a condition so it does not come back to haunt 439 them or future Councils. 440 441 Community Development Director Grochala noted all variances are filed in Anoka County. He 442 would recommend the City Attorney draft language for the variance. City Attorney Hawkins 443 indicated the Council should direct staff to prepare a Resolution to this effect, which he will review. 444 445 Councilmember Dahl indicated with those conditions she would vote to approve. Mayor Bergeson 446 asked if 62" Street was completed to the maximum for a collector street, would the City be looking 447 for additional right-of-way from owners and would the owners be compensated. Community 448 Development Director Grochala stated in areas where they do need additional right-of-way, they 449 would be looking at acquiring it. He indicated the right-of-way is 66 feet here, and they may want it 450 wider if they are doing a minor collector street to provide a noise buffer. He agreed three and one - 451 half feet is a small amount, but reiterated the larger variance is required to provide the necessary 452 buffers. 453 454 Mayor Bergeson stated if they were to approve the variance, he would not want to create a situation 455 where a future City Council would have to purchase additional right-of-way. �56 457 Councilmember O'Donnell agreed, indicating that was what he was thinking when he suggested 458 adding language to the variance. Ms. Keller noted the Planning and Zoning Board also thought 459 before they would improve 62' Street they would improve County Road J. Mayor Bergeson stated 460 that may be the case but they cannot base their decision on that assumption. 461 462 Councilmember Carlson stated Community Development Director Grochala had mentioned 66 feet. 463 If they would be looking at 33 feet on either side, this structure would not be within the right-of-way. 464 Community Development Director Grochala stated the 33 feet is right-of-way, but the 40 foot setback 465 requirement starts at the edge of the right-of-way. Councilmember Carlson stated that even if the 466 street was improved, it may not go all the way down to Ms. Keller's home. 467 468 City Engineer Studenski indicated the road is just one issue; there is also grading, drainage and other 469 considerations. Councilmember Carlson agreed, but she stated what they are discussing right now is 470 that the road is the issue, yet they had two situations tonight where they vacated the right-of-way for 471 roads that had been planned and are not going to happen. 472 473 Ms. Keller noted there is also a grove of trees in the way of where 62' Street is proposed. If the 474 street were to be improved she would recommend veering the road to save as many trees as possible. 475 476 Councilmember O'Donnell moved to table the variance request, and direct staff to draft conditions to 477 the variance to alleviate future concerns with 62nd Street construction. Councilmember Reinert 478 seconded the motion. �79 10 COUNCIL MINUTES MAY 27, 2003 APPROVED 480 Councilmember Dahl asked how tabling the issue would affect the applicant. Ms. Keller stated the 0481 longer the decision is put off the longer it will take to complete. She indicated they have been 482 planning this for several years, and for personal reasons have been unable to proceed until now. 483 484 Councilmember O'Donnell amended his motion to indicate it would be tabled to the June 9, 2003 485 Council meeting. Councilmember Reinert accepted the amendment. 486 487 Councilmember Reinert stated he would recommend that staff look at the septic system issues, and 488 also wording to protect the City in event of future expansion of the road. 489 490 Motion carried unanimously. 491 492 Mayor Bergeson noted there would likely be discussion on this issue at the next work session on June 493 4, 2003. Councilmember Dahl encouraged the applicant to attend. 494 495 D. Consideration of Resolution No. 03-62 Approving Variance, Thomas Laumeyer, 6174 496 Centerville Road, Tanda Gretz 497 498 City Planner Gretz summarized the staff report, indicating staff had initially recommended against 499 this variance, however at the May 14th Planning and Zoning Board meeting the board voted 5-0 to 500 approve the proposed variance. Therefore, staff recommends approval with the following condition: 501 502 1. That the existing septic system be inspected and issued a certificate of compliance by a 03 certified septic inspector, with replacement/improvement of the system to be required, if 1.504 indicated. 505 506 Councilmember Reinert clarified the addition would not change any of the setbacks from the OHWL 507 or the lake, so it would not encroach any further than it currently is. City Planner Gretz indicated that 508 was correct. 509 510 Councilmember Reinert stated the report says the home is currently 80 square feet. City Planner 511 Gretz stated it should say 800 square feet. She noted she had a conversation with Mr. Laumeyer 512 about compliance of the septic system. He had asked if that needed to happen before he pulled 513 building permits. Community Development Director Grochala stated it would typically need to be 514 done before the building permits were issued. 515 516 City Planner Gretz asked if the system is not compliant, would it need to be replaced before the 517 addition was built. City Attorney Hawkins indicated that would be a building code enforcement, 518 discretionary by the City. Community Development Director Grochala stated there were 519 requirements depending on if the system were non-compliant or failing. If the system is failing it 520 would need to be replaced immediately, but if it was non-compliant the applicant may have some 521 time to resolve the issues. Staff would have to review the requirements of the City ordinance and the 522 Minnesota Pollution Control Agency. 523 524 Mr. Laumeyer indicated the wording for the septic system compliance does not say it must first be 525 tested. He indicated he has been working on this variance for awhile and is running low on time. He 526 is wondering if he could have a grace period, since the current system is a good, working system. He 1,27 stated that he does not know if it is compliant, but it works. 11 COUNCIL MINUTES MAY 27, 2003 APPROVED 528 029 Community Development Director Grochala indicated it may be in compliance now and will not 530 require any changes. Staff will need to review it with the applicant. Mayor Bergeson stated this was 531 not a determination the City Council can make. He indicated staff will help the applicant with that 532 process. 533 534 Councilmember Reinert moved to adopt Resolution No. 03-62 approving a variance from the required 535 150 -foot setback requirement from the OHWL of Lake Amelia, for a proposed home addition located 536 at 6174 Centerville Road. Seconded by Councilmember Dahl. Motion carried unanimously. 537 538 Resolution No. 03-62 can be found in the City Clerk's office. 539 540 E. Consideration of Resolution No. 03-76, Approving Comprehensive Plan Amendment, 541 Elm Street Area, Michael Grochala 542 543 Community Development Director Grochala presented the staff report, explaining the changes. He 544 noted the Planning and Zoning Board held a public hearing and discussed the request at its May 14, 545 2003 meeting. The board unanimously recommended approval of the Comprehensive Plan 546 Amendment, as does staff. He noted the amendment would allow the following: 547 548 1. Change the Land Use designation of 26 properties from Low Density, Unsewered 549 Residential to Low Density, Sewered Residential. 550 2. Change the Growth Area designation of 5 properties to a Stage 1 growth area. 1 3. Expansion of the MUSA by 7.04 acres. 1.5552 553 Councilmember O'Donnell asked for clarification on the 7.04 acres of MUSA being expanded. He 554 asked if they go into the bank or if that is extra acreage being taken out of the bank. Community 555 Development Director Grochala stated they are adding MUSA area, but it would bypass the bank. 556 557 Councilmember O'Donnell stated with Century Farms North the Council went through several 558 gyrations to make sure they were not exceeding the 20% over or under the yearly allotment. He 559 wants to make sure they are not negating that now. Community Development Director Grochala 560 indicated this amendment would not affect that number. 561 562 Councilmember O'Donnell asked if they were staying within the Growth Management Plan. 563 Community Development Director Grochala indicated this is a gray area. He stated that of the 26 564 properties in this amendment, 5-7 lots may be able to be split. He indicated the reason for this 565 amendment is to allow those properties to hook up to sewer and water now. He explained this is one 566 of those rare situations they did not anticipate with the Growth Management plan. Another situation 567 would be with someone with a failing septic system, where they would need to amend the 568 Comprehensive Plan to get them into the MUSA area. He stated there is no way for them to know 569 when that will happen to tie it into the Growth Management Plan. 570 571 Councilmember Carlson asked that Community Development Director Grochala explain the impact 572 of this amendment to the project. Community Development Director Grochala stated they would not 573 be able to get sewer and water to any of these homes without an amended Comprehensive Plan. 074 12 COUNCIL MINUTES MAY 27, 2003 APPROVED 575 Mayor Bergeson stated that while this is not an emergency, it comes close. He indicated they have •576 had Comprehensive Plan amendments in the past where they have approved them specifically to deal 577 with failed sewer systems. 578 579 Councilmember Reinert stated that basically they are correcting an oversight. He likes the idea of 580 doing this since they are not affecting their bank. 581 582 Councilmember Reinert moved to adopt Resolution No. 03-76 approving an amendment to the 583 Comprehensive Plan (Elm Street Project). Councilmember Dahl seconded the motion. 584 585 Councilmember Carlson noted they were well into this project before they became aware that this 586 situation existed along Elm Street. She stated that while she does not like the idea of using more 587 MUSA than designated in the Comprehensive Plan, she will vote in favor of this Resolution. 588 589 Motion carried unanimously. 590 591 Resolution No. 03-76 can be found in the City Clerk's office. 592 593 F. Consideration of Resolution No. 03-77, Amending the Development Agreement for 594 Stoneybrook, Michael Grochala 595 596 Community Development Director Grochala summarized the staff report, indicating an increase in the 597 escrow amount to $235,000 and the Letter of Credit to $3.4 million. He indicated staff recommends iik598 approval of the Development Contract. 99 600 Councilmember O'Donnell moved to adopt Resolution No. 03-77 approving an amendment to 601 Stoneybrook Development Agreement. Councilmember Carlson seconded the motion. Motion 602 carried unanimously. 603 604 Resolution No. 03-77 can be found in the City Clerk's office. 605 606 UNFINISHED BUSINESS 607 608 There was none. 609 610 NEW BUSINESS 611 612 A. Approval of the May 7, 2003 Council Work Session Minutes - REMOVED 613 B. Approval of the May 7, 2003 City Council Closed Meeting Minutes 614 C. Approval of the May 12, 2003 City Council Minutes -REMOVED 615 616 Councilmember Dahl moved to approve the minutes from the May 7, 2003 City Council Closed 617 meeting. Councilmember Reinert seconded the motion. 618 619 Motion carried unanimously. 620 • 13 COUNCIL MINUTES MAY 27, 2003 APPROVED 621 COMMUNITY CALENDAR April 29, 2003 THROUGH May 12, 2003: •622 623 A) Wednesday, May 28, 2003, 6:30 p.m., Environmental Board Meeting 624 B) Monday, June 2, 2003, 6:30 p.m., Park Board Meeting 625 C) Wednesday, June 4, 2003, 5:30 p.m., Council Work Session 626 D) Monday, June 9, 2003, 7:30 p.m., City Council Meeting 627 ADJOURN 628 629 There being no further business, Councilmember Dahl moved to adjourn at 8:28 p.m. Councilmember 630 O'Donnell seconded the motion. 631 632 Motion carried unanimously. 633 634 These minutes were considered and approved at the regular Council Meeting, June 9„ 2003. 635 636 637 638 639 Arm Blair, City Clerk John Bergeson, Mayor •640 641 Transcribed by: 642 Karen Whaley 643 TimeSaver Off Site Secretarial, Inc. 644 • 14