Loading...
HomeMy WebLinkAbout07/14/2003 Council MinutesAPPROVED •1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : July 14, 2003 6 TIME STARTED : 6:33 P.M. 7 TIME ENDED : 9:08 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 Administrator, Linda Waite Smith; City Engineer, Jim Studenski; City 13 Planner, Jeff Smyser; City Attorney, Bill Hawkins; Economic Development Assistant, Mary Alice 14 Divine (part); Police Chief, Dave Pecchia (part); and City Clerk, Ann Blair. 15 16 SETTING THE AGENDA 17 18 Councilmember Carlson noted there are a few people in attendance on the Elm Street agenda items. 19 If a visual or map could be available for those items it would be helpful. 20 21 The agenda was accepted as presented. 22 23 CONSENT AGENDA •24 25 Councilmember Carlson moved to approve the Consent Agenda as submitted. Councilmember 26 O'Donnell seconded the motion. 27 28 Motion carried unanimously. 29 30 ITEM ACTION 31 32 A. CONSIDERATION OF EXPENDITURES: 33 34 i) June 14, 2003 (Check No. 68464 — 35 68640, $319,442.61). Approved 36 37 ii) Centennial Fire District (Check No. 13839 — 38 13852, $14,556.38) Approved 39 40 B. CONSIDERATION OF NOT WAIVING MONETARY 41 LIMITS ON TORT LIABILITY PER 42 MINN. STATUTE 466.04 Approved 43 44 C. CONSIDER RESOLUTION 03-111, APPROVING 45 SOLICITORS/PEDDLERS LICENSE FOR 46 MONITRONICS INTERNATIONAL, INC. Approved 47 48 D. ASSESSMENTS — RESOLUTION NO. 03-72, • • • COUNCIL MINUTES JULY 14, 2003 APPROVED 49 CERTIFYING DELINQUENT WATER AND SEWER 50 UTILITY CHARGES, SHIRLEY KAYE'S Approved 51 52 OPEN MIKE 53 54 John Dehaven, 1612 Birch Street is requesting that the City Council request Mn/Dot to do a speed 55 study on Birch Street. He indicated the last one done was in 1991. He stated he has spoken with 56 Mn/Dot and they indicated they would be glad to come and do the study, but the City Council has to 57 request it. He added he was told no petition is necessary. 58 59 Mr. Dehaven stated he also spoke with Doug Fisher in the engineering department, who told him that 60 the City Council can only set speed limits in school and hospital zones, and Mn/Dot would need to 61 make the determination for this road. He indicated he understands that Mn/Dot could determine the 62 speed limit should be raised rather than lowered as they hope it will be, but he wants this study 63 completed because right now you cannot even cross the street to get your mail. 64 65 FINANCE DEPARTMENT REPORT, AL ROLEK 66 67 There was no report presented. 68 69 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 70 71 There was no report presented. 72 73 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 74 75 A. Accept Grant from State of Minnesota for Compliance Checks 76 77 Police Chief Dave Pecchia presented the staff report, indicating the grant is for approximately $1100. 78 79 Councilmember O'Donnell moved to accept the grant dollars to conduct compliance checks. 80 Councilmember Dahl seconded the motion. 81 82 Motion carried unanimously. 83 84 B. Consider Adoption of Resolution No. 03-96 Accepting Donation from the Lino Lakes 85 Lions Club for LLPD Equipment - Tasers 86 87 Police Chief Pecchia presented the staff report, indicating staff is recommending approval of the 88 resolution. 89 90 Mayor Bergeson asked how many tasers the department has currently. Police Chief Pecchia indicated 91 they currently have two, and were able to find three additional units for $1000, which is the amount 92 of the Lions Club donation. He noted typically the units sell for $500 each. 93 94 Councilmember Reinert moved to adopt Resolution No. 03-96 accepting a donation from the Lino 95 Lakes Lions Club. Councilmember Dahl seconded the motion. 96 2 COUNCIL MINUTES JULY 14, 2003 APPROVED 97 Motion carried unanimously. El) 98 99 Resolution No. 03-96 can be found in the City Clerk's office. 100 101 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 102 103 There was no report presented. 104 105 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 106 107 A. Consideration of Resolution No. 03-94, Authorizing application for a Development 108 Grant through the Livable Communities Demonstration Program, Mary Alice Divine 109 110 Economic Development Assistant Divine summarized the staff report, noting staff recommends 111 approval of this resolution. 112 113 Councilmember Carlson moved to adopt Resolution No. 03-94 authorizing application for a 114 Development Grant through the Livable Communities Demonstration Program. Councilmember 115 O'Donnell seconded the motion. 116 117 Councilmember Carlson thanked Ms. Divine for getting back to her with answers to her questions 118 earlier today. 119 •120 Motion carried. Vote: 4 Ayes, 1 Nay. Councilmember Dahl opposed. 121 122 Resolution No. 03-94 can be found in the City Clerk's office. 123 124 B. Elm Creek Reconstruction Project, Jim Studenski 125 126 City Engineer Jim Studenski presented the staff report. He indicated the amount spent to date has 127 fallen in line with the feasibility study, and the bid came in around the same amount. He noted the 128 right-of-way and easement acquisition has fallen into the anticipated amount as well, and the next 129 step is the public hearing. He outlined the project area, indicating it would tie to Sunset Road on the 130 north and Grey Heron Drive. He stated this project is for bituminous surface with no curb and gutter. 131 He explained this is a Minnesota State Aid street, and State Aid will provide most of the funding. He 132 advised it will be a 32 -foot road, which is consistent with the current road, and they have required 133 easements to address the ponding issues. He indicated sewer and water will be extended to include 134 all of the houses on Elm Street, and sewer extensions will be put in for future developments. He 135 explained the assessment will take place this fall following the project completion. The assessment 136 can be paid in full by November 26, 2003 with no interest. If not paid in full by this date it will be 137 sent as a 15 -year assessment at 7% interest starting on the 2004 tax statement. 138 139 Mayor Bergeson opened the public hearing at 6:50 p.m. 140 141 Ms. Dupree, 331 Elm Street, asked how much of the fee is for the road project itself. 142 • 3 COUNCIL MINUTES JULY 14, 2003 APPROVED 143 City Engineer Studenski stated the street, storm sewer and acquisition costs are all tied together. He •144 indicated the assessment is $3000 for each home with street frontage, and the sanitary sewer and 145 water is separate. 146 147 Ms. Dupree asked how many other people use the road that the homeowners have to pay for. City 148 Engineer Studenski indicated the study shows approximately 2200 vehicles per day. He stated it has 149 been the City's policy to assess some of the cost for street repair to the homeowners in these 150 situations. 151 152 Mayor Bergeson asked how much of the cost was being provided by the state. City Engineer 153 Studenski indicated just under $2 million is coming from State Aid, the remaining $400,000 is from 154 assessments and trunk fees. 155 156 Councilmember Carlson clarified that $2,490,000 was the cost of the entire project, including sewer 157 and water. City Engineer Studenski confirmed that was correct. Councilmember Carlson indicated 158 that the road cost is only a portion of that, and $2,000,000 from State Aid is being paid toward this 159 entire project. City Engineer Studenski again confirmed that was correct. He stated anything with 160 the acquisition and relocation is covered with State Aid, noting sewer and water were not included. 161 162 Councilmember Carlson asked what approximate percentage of the project was paid by State Aid. 163 City Engineer Studenski indicated about 95 percent. 164 165 Ms. Dupree asked why they had to pay for the road when everyone else uses it, including school •166 buses. Community Development Director Grochala explained this is a minor collector street, which 167 is intended for buses and other traffic. He advised the designation as a minor collector street is what 168 allows it to qualify for State Aid. 169 170 Ms. Dupree asked if all other streets are assessed for street work. Community Development Director 171 Grochala advised that on State Aid streets they follow this same process. If it is not a State Aid street 172 the City's policy is to go through a referendum, and $3000 is typical for the assessment other streets 173 would see. 174 175 Councilmember Carlson moved to close the public hearing at 6:57 p.m. Councilmember O'Donnell 176 seconded the motion. 177 178 Motion carried unanimously. 179 180 i. Consideration of Resolution No. 03-97 Adopting Proposed Assessment Roll, Elm 181 Street Reconstruction Project 182 183 City Engineer Studenski indicated staff recommends approval of this resolution. 184 185 Mayor Bergeson asked City Engineer Studenski to repeat the assessment terms. City Engineer 186 Studenski indicated until November 26, 2003 homeowners could pay the entire assessment with no 187 interest. After November 26th the amount is sent to Anoka County to be added as a 15 year, 7% 188 assessment, spread evenly over the 15 years. He noted homeowners had an option for early payment • 189 at anytime during the 15 -year assessment. 190 4 COUNCIL MINUTES JULY 14, 2003 APPROVED 191 Councilmember Dahl moved to adopt Resolution No. 03-97 adopting the proposed assessment roll, 5192 Elm Street Reconstruction Project. Councilmember O'Donnell seconded the motion. 193 194 Councilmember Carlson noted the comment from Ms. Dupree is right in regard to an exception where 195 people were not charged for street repair. She stated she did not know if that was a good decision or 196 not, but it is correct. She indicated in 1998 the typical assessment was $3045, so although the cost of 197 roads have gone up, the typical assessment amount has not. She thinks this is a good project and the 198 cost is reasonable. 199 200 Motion carried unanimously. 201 202 Resolution No. 03-97 can be found in the City Clerk's office. 203 204 u. Consideration of Resolution No. 03-98 Accepting Bids and Awarding Contract 205 for Elm Street Improvement Project 206 207 City Engineer Studenski reviewed the staff report, indicating they hope to begin the project in July, 208 with substantial completion in November. He stated there would be some restoration and final 209 bituminous lifts completed in 2004. He indicated staff recommends approval of the resolution. 210 211 Councilmember Carlson moved to adopt Resolution No. 03-98 accepting bids and awarding contract 212 for Elm Street Improvement Project. Councilmember Dahl seconded the motion. 213 14 Motion carried unanimously. 15 216 Resolution No. 03-98 can be found in the City Clerk's office. 217 218 iii. Consideration of Resolution No. 03-99 Approving Right -of -Way Acquisition, Elm 219 Street Reconstruction Project 220 221 City Engineer Studenski reviewed the staff report, indicating staff recommends approval of the 222 resolution. 223 224 Councilmember Reinert moved to adopt Resolution No. 03-99 approving right-of-way acquisition for 225 the Elm Street Reconstruction Project. Councilmember O'Donnell seconded the motion. 226 227 Motion carried unanimously. 228 229 Resolution No. 03-99 can be found in the City Clerk's office. 230 231 iv. Consideration of Resolution No. 03-110 Accepting Permanent Easements, Elm 232 Street Reconstruction Project. 233 234 City Engineer Studenski reviewed the staff report, indicating staff recommends approval of the 235 resolution. 236 37 Councilmember Carlson asked if the last house on the corner of Elm and Sunset, with an address on � 238 Sunset, would be affected in this project. She indicated the address was not on the list. City Engineer 5 COUNCIL MINUTES JULY 14, 2003 APPROVED 239 Studenski stated that throughout Elm Street the amount of easements vary dramatically, and that •240 parcel is okay. 241 242 Councilmember Carlson clarified it would not require removal of any trees or anything else. City 243 Engineer Studenski indicated that was correct. 244 245 Ms. Dupree asked when the project would start. City Engineer Studenski stated a pre -construction 246 meeting is scheduled Wednesday where they will learn more details, but the contractor expressed a 247 willingness and capability to start as early as next week. 248 249 Ms. Dupree asked if they would get notice of the work. City Engineer Studenski indicated access to 250 individual homes may be disrupted during the day, but they will always have emergency access and if 251 access is going to be disrupted for a large portion of a day, the homeonwer will be notified. 252 253 Councilmember Dahl moved to approve Resolution No. 03-110 accepting permanent easements in the 254 Elm Street Reconstruction Project. Councilmember Reinert seconded the motion. 255 256 Motion carried unanimously. 257 258 Resolution No. 03-110 can be found in the City Clerk's office. 259 260 C. Century Farms North 261 .262 i. Consideration of Resolution No. 03-100, Approving Development Agreement, Jim 263 Studenski 264 265 City Engineer Studenski summarized the staff report. He indicated one item the City Attorney still 266 needs to review is on page 12 of the agreement under City Improvements, 3D., in regard to the 267 balance to be paid. He read the section aloud. He stated the developer wants to pay their share, but if 268 the amounts come in less than anticipated they want the ability to pay less. They would like that 269 section removed from the agreement. 270 271 City Attorney Hawkins indicated there is no need to change this section. He stated it is not intended 272 to allow the City to charge more than the actual costs, it is intended to avoid any option of appeal. He 273 indicated that the City does not charge more than costs incurred, and cannot legally make money on 274 the project. City Engineer Studenski stated it would be staff's recommendation to follow the opinion 275 of the City Attorney. 276 277 Councilmember Carlson moved to adopt Resolution No. 03-100 approving the Development 278 Agreement for Century Farms North. Councilmember Dahl seconded the motion. 279 280 Motion carried unanimously. 281 282 Resolution No. 03-100 can be found in the City Clerk's office. 283 284 • 285 286 6 COUNCIL MINUTES JULY 14, 2003 APPROVED 287 ii. Consideration of Resolution No. 03-101, Approving Final Plat, Jeff Smyser 288 289 City Planner Smyser summarized the staff report. He stated that if City Council is inclined to 290 approve the final plat, he would want to ensure the title work is in order before the resolution is 291 signed. He reviewed the recommendations and conditions. He noted that on condition 7.c.viii, the 292 overhang was originally specified at 36 inches, with 18 inches for the gable overhang. He stated the 293 park owners wanted some flexibility, so it was changed to 24 to 36 inches and 12 to 18 inches. He 294 indicated when Planning and Zoning reviewed this, they wanted them all to be the same. He noted 295 staff is okay with a little flexibility. He noted when City Council is comfortable that all the issues are 296 adequately resolved they can vote on the final plat. 297 298 Mayor Bergeson asked if there was a recommendation from staff related to the title issue. City 299 Planner Smyser stated he prefers to have everything in order, but if it is approved contingent on the 300 City Attorney's review, it probably is not necessary. 301 302 City Attorney Hawkins indicated he is comfortable with making it contingent. He stated there are 303 seldom issues the City Council needs to resolve; typically they only see minor technical corrections. 304 305 Mayor Bergeson indicated that the airplane hangars are never really pretty buildings anyway, so he is 306 not too concerned with the overhang. He indicated if something is in place on the exterior to make 307 sure it is not too unsightly he would be okay with the flexibility. 308 309 Councilmember Carlson asked how this type of building is handled now. City Planner Smyser *310 indicated right now they only have the building code, which gives them no control on colors or some 311 other aspects. He indicated any other construction requirements are done through the airpark. He 312 indicated the only thing the City has is control over the size and other building code requirements. 313 314 Councilmember Carlson indicated with the size of 3200 square feet the sprinkler requirement is an 315 issue, since it is part of the building code the City adopted, and she wonders if for that reason the City 316 needs to have some involvement. City Planner Smyser stated the 3200 square feet was given years 317 ago to the air park owners to allow them to exceed the size of a typical accessory structure. He 318 indicated they can be exempt from the sprinkler requirement if there is no public water available and 319 no other structure within 60 feet. He noted this new development cannot meet that, so any hangars 320 over 2000 square feet will need sprinklers. He stated, however, that they cannot piggyback off that 321 and require specific colors or anything else; they would have to rely on the association to enforce 322 other requirements. 323 324 Councilmember Carlson indicated she is trying to understand if the air park association has been 325 doing a review and ensure that between their review and the building code nothing is being 326 overlooked. City Planner Smyser indicated that for now the association is saying they have to be 327 earth tones, which is vague but seems okay. He indicated if the City Council felt it necessary to put 328 other restrictions on the buildings he would need to confer with the City Attorney to determine the 329 best way to do that. 330 331 City Attorney Hawkins stated the City has the ability to enforce the covenants of the association. He 332 stated if there are standards in the convenants and the association does not enforce them, the City can. •333 City Planner Smyser indicated with that being the case, he would say the City is covered. He 7 COUNCIL MINUTES JULY 14, 2003 APPROVED 334 indicated if new owners applied for a building permit they could pull out the covenants and refer to •335 them along with the building code. 336 337 Mayor Bergeson indicated it seems if they can tie the Development Agreement to the covenants in the 338 homeowners agreement related to hangars, it is adequate to cover the City's concerns. He indicated 339 in his opinion it is adequate. He indicated if the City Council is comfortable with the covenant 340 documents and the City Attorney can make the connection to enforce those covenants, they should be 341 covered. City Attorney Hawkins stated all of the provisions listed in the covenants can be enforced. 342 City Planner Smyser stated he would then stand educated and recommend approval. 343 344 Councilmember Carlson stated she wanted more clarification on the park dedication. She asked what 345 is the amount the developer deems reasonable. City Planner Smyser indicated they have not gotten 346 that far into it, but what is in question is the City's ability to require both the amount of land and fees 347 they are requiring. He stated the developer's stance is that this is not justified based on land values. 348 He advised staff needs to research the issue, and could find that since the land values have gone up 349 astronomically in the last few years, the developer may be entitled to more credit for land dedication, 350 but the cost per unit may go up also and even it out. 351 352 Councilmember Carlson stated they are talking here and now. She indicated at least some if not all 353 phases of this project will be based on the formula currently in effect. She reviewed the numbers and 354 based on $40,000 per acre, which she thought had been mentioned at the work session, it would leave 355 $6345 to develop a park. She also asked which geographic area the proposed upland covers. City 356 Planner Smyser reviewed the map,showing the dedication area. He indicated the 8.123 acres of Alk357 upland are notpart of the wetlands. He indicated there are 4.7 acres in a contiguous area where ball p � 358 fields could be, then another 3+ acres in other acreas. 359 360 Councilmember Reinert asked how the $28,000 per acre figure was determined. City Planner Smyser 361 indicated it was from a study the City conducted in 2001. They looked at City parkland and what was 362 wanted around the city as well as facilities for those parks. They did an estimate of what it would 363 cost, and based on those needs, which took into consideration current and anticipated development, as 364 well as the cost of land at the time, and came out with $28,000 per acre. He indicated they also 365 considered that developers will buy land at a lower cost, put in the infrastructure and sell lots for 366 more. 367 368 Councilmember Reinert stated he came to the meeting thinking maybe the land value should be 369 higher, but he now agrees that the cash per unit requirement could be low as well, which could cancel 370 the higher land value out, and they should probably tackle this issue as a whole. He agrees they 371 should not leave this issue hanging, and in the broader sense deal with the numbers. 372 373 City Planner Smyser stated staff ran the numbers as instructed by the City's ordinance. He indicated 374 the City will be getting this land and this money, but rather than going directly into the General Park 375 Fund, it will go into escrow until the issue is resolved. He reiterated that eventually the City would 376 be receiving the money. 377 378 Mayor Bergeson confirmed this amount of land and fees is according to regulations in place now. He 379 stated regulations get challenged from time to time, but the City has to go with what is in place at the • 380 time. 381 COUNCIL MINUTES JULY 14, 2003 APPROVED 382 Councilmember Reinert asked if they approved this and then the numbers go up, are they tied to these • 383 numbers. City Attorney Hawkins offered it depends on the agreement with the developer, but he 384 believes it could change. 385 386 Councilmember Dahl asked if the light green areas on the map were wetlands. City Planner Smyser 387 indicated they were wetlands and ponds. Councilmember Dahl asked if the pond was a created pond. 388 City Planner Smyser indicated it was both. He stated there was existing wetland and a small pond. 389 The area will be expanded and a second pond created on the existing wetlands. 390 391 Councilmember Dahl commented if it is existing wetland it cannot be used anyway, and the land 392 behind the wetlands is not accessible for further development, and could not be used if the City were 393 not taking it for parkland. City Planner Smyser stated that in the future the area behind the wetlands 394 could be developed, and he showed the access point connecting to the proposed park dedication land. 395 Dahl reiterated the land cannot be used for this development because of access issues. City Planner 396 Smyser stated that was correct, it would need a lot of work. 397 398 Councilmember Dahl stated she agrees with Councilmembers Carlson and Reinert that the park 399 dedication is an issue. She did not realize there was so much wetland, and this is a real sticking point 400 for her. She called Woodbury today to see how their park dedication compares to Lino Lakes. She 401 advised that Woodbury charges $2000 per unit and gives no credit for sidewalk or trails, whereas 402 Lino Lakes does allow credit for these things. She is not saying that is right or wrong, but right now 403 they are giving $70,000 for trail and sidewalk credit, plus $8000 for other trail land above the upland 404 acres. She added she knows how much the City wants park dedication. She commented that when •405 she re -read the information this afternoon, she thought if people do not agree with their ordinance 406 they may want to reconsider developing in Lino Lakes. She stated they took a lot of time with the 407 ordinance, and it seems they are behind the times. She thinks they have been generous with everyone 408 who comes to them and she thinks the developers should follow the City's rules. 409 410 Mayor Bergeson stated that these are the rules that are in place now. He believes they do need to 411 change the ordinance, but they cannot change it in the middle of an application. He appreciates the 412 developer's honesty in that he may make a challenge, but he reiterated the City is challenged all the 413 time. He thinks they need to move ahead with this final plat. 414 415 Mr. Gary Uhde, developer, indicated that to Councilmember Dahl's concern, there were a number of 416 issues with the park dedication that there was not time for the two attorneys to resolve. He thinks 417 they will be able to resolve them between the attorneys. He explained the entire development was 418 planned around a central park area, at the direction of the Park Board. They had asked for 4.7 acres of 419 contiguous land, which has been provided. He believes there are other credits they should get, and 420 that information needs to be researched due to the number of years this project has gone on. He 421 indicated he believes the ordinance needs to be revised; he feels it is behind the times and he does not 422 think it reflects commercial value versus residential value adequately. They felt it was their duty to 423 bring this forward. He commented that on the air park, he will be involved in the hangar approval 424 process and he gaurantees he will be as strict or more strict than the City. He stated if he had his way 425 they would all be the same size and color, but according to the air park owners that is not possible 426 since there are different size needs. He assured the Council they would all have similarity and 427 consistency as far as possible. fp428 9 COUNCIL MINUTES JULY 14, 2003 APPROVED 429 City Planner Smyser reviewed the outstanding issues, stating it is the City Council's decision if they 1,430 want to proceed. 431 432 Councilmember Reinert stated he understand's Mr. Uhde's points, and he noted the Council's 433 concern is they have had too many developments that have taken place where the City ends up with 434 bad land, or does receive good land but no money to develop it. He indicated it is important with 249 435 homes that they have park land available, but $100,000 should be a good start for developing that 436 land. He asked if the money is in escrow and a different decision is made, how will the process work 437 to return the money to the developer. City Attorney Hawkins stated it would have to go through the 438 City Council. 439 440 Councilmember Reinert moved to adopt Resolution 03-101 approving final plat, Century Farm North. 441 Councilmember O'Donnell seconded the motion. 442 443 Councilmember Carlson stated she will vote no, since the ordinance is in place and she feels it should 444 be followed. She did some quick math, and with a per acre value of $50,000, although the developer 445 indicated that was outdated, instead of $100,000 to develop the land the City would owe the 446 developer money. In order to make up the money they would need to raise the per unit dedication fee 447 by $311. She stated they are playing with unknowns, but what is known is a park is needed. 448 449 Motion carried. Vote: 3 Ayes, 2 Nays. Councilmembers Carlson and Dahl opposed. 450 451 Resolution No. 03-101 can be found in the City Clerk's office. 452 453 D. Consideration of Resolution No. 03-104, Accepting Bids and Awarding Contract for 454 Twilight Acres Watermain Extension, Jim Studenski 455 456 City Engineer Studenski summarized the staff report, indicating this issue is being brought up as a 457 result of the previous project. He stated they feel it would be beneficial to complete this before 458 starting construction. 459 460 Mayor Bergeson noted he has had a couple of inquiries in the last few days wondering what the status 461 was on this project. He asked staff to give those affected an updated. City Engineer Studenski stated 462 they would do that; they wanted to have action from the City Council before they did so they could 463 provide timeframes. 464 465 Councilmember O'Donnell moved to adopt Resolution No. 03-104 accepting bids and awarding 466 contract for Twilight Acres watermain extension. Seconded by Councilmember Carlson. 467 468 Motion carried unanimously. 469 470 Resolution No. 03-104 can be found in the City Clerk's office. 471 472 E. Consideration of Resolution No. 03-105, Authorizing Final Payment for Ditch and Pond 473 Cleaning Project, Jim Studenski 474 • 475 City Engineer Studenski summarized the staff report, indicating staff recommends approval. 476 10 COUNCIL MINUTES JULY 14, 2003 APPROVED ift477 Councilmember Carlson indicated she had a general question. She stated there may be people who 78 are wondering how the City selects the ponds and ditches to be cleaned. She indicated she was 479 contacted about a pond that has filled over and is no longer really a pond. 480 481 City Engineer Studenski stated they do a review of the calls on ponds and ditches to be cleaned. He 482 indicated some of them can be handled by Public Works, and some are addressed annually through 483 this process using an outside firm. He indicated the proposed ponds are usually brought up due to 484 resident complaint or in other ways becoming knowledge of Public Works. 485 486 Councilmember Dahl moved to adopt Resolution No. 03-105 authorizing final payment for ditch and 487 pond cleaning project. Councilmember Reinert seconded the motion. 488 489 Motion carried unanimously. 490 491 Resolution No. 03-105 can be found in the City Clerk's office. 492 493 F. Consideration of Resolution No. 03-106, Authorize Preparation of Plans and 494 Specifications for Marshan Lane Utility Improvement Project, Jim Studenski 495 496 City Engineer Studenski summarized the staff report, noting that due to current septic system issues 497 and the age of the systems in this area, staff feels it needs to be addressed and would like to do so at 498 this time. 499 00 Councilmember Carlson stated she was trying to look at how this can be a win/win situation. She has 501 six issues for staff to address. 502 1. This area went through the charter process, and there were more petitioners against than for 503 the project. She feels there would be the question in the minds of those who were against the 504 project why it is coming through now. She thinks this is a question for the Charter 505 Commission, since part of their responsibility is to protect residents from assessments they are 506 against. 507 2. Land surveys; there are a lot of property owners in this area who have been there for 30 or 40 508 years and many have a survey that is different than what they are being shown now. She 509 indicated this has to be worked out. 510 3. Road location. 511 4. Concern that once the City gets into this it will not be built to full length. 512 5. Storm sewer; they have been in mediation with one person already. Since they are going to be 513 building 450 units and commercial development there, she questions why there is no storm 514 sewer. 515 6. Assessment; she is wondering if they can make it more affordable for those landowners that 516 are not developing now. Also, if an owner looks at his property and says it can be developed 517 into four lots, and the City says it can be developed into two lots, how do they resolve. 518 519 Community Development Director Grochala responded to Councilmember Carlson's concerns, 520 stating that concerning the Charter, the way they are proceeding is typical of several projects done in 521 the City, citing examples and explaining that due to the charter position that where improvements 522 have been petitioned against the City cannot assess, hook-up charges have been created that apply • 523 only at time of hook-up. He noted they are trying to stay consistent with that. He indicated the City 524 got involved in this through Mr. Rehbein's request for subdivision. He stated that through that 11 COUNCIL MINUTES JULY 14, 2003 APPROVED iiik525 process they did a feasibility study, and started looking at providing sewer and water through the 26 Rehbein property. He added they received inquiries from owners further down who wanted sewer 527 and water as well. He stated there are still residents interested in receiving sewer and water, and they 528 know there are several septic problems with issues that will not go away. Staff feels they have the 529 opportunity to get to more properties this way and resolve the issues. 530 531 Concerning the land surveys, all of the parcels originally came from the same piece of land. Mr. 532 Rehbein's property is the largest parcel left. Community Development Director Grochala explained 533 that going from the legal descriptions and staking the lines it became apparent there are overlapping 534 corners. He noted this is not uncommon when parceling off pieces from a metes and bounds 535 description. He indicated they are addressing these issues, but they are not part of this project. He 536 stated they are trying to get the easement clarified, and it will happen as part of this process, and as 537 for extending it all the way, they will try to make that happen, which will help some owners pick up 538 additional lots. Regarding the assessments, they intend to put together a package that takes into 539 consideration two lots that can subdivide. For the rest, they intend to apply R-1 standards that say 540 everyone has an equal lot, even though in reality the lot sizes may be slightly different. 541 542 Councilmember Carlson asked if there would be a neighborhood meeting. Community Development 543 Director Grochala stated they want to get the plan and specifications put together, with costs, and then 544 will hold a neighborhood meeting. He indicated they would need to lock in some assessments before 545 they go through the bid process, since they incur costs during this process and need to make sure they 546 are covered. 547 .548 Councilmember Carlson asked if Mr. Rehbein has four lots. Community Development Director 549 Grochala stated it would be four lots with a little left. 550 551 Councilmember Carlson stated she understands the issue of failing systems and that the age of the 552 systems is a concern, and she asked for the last line of the report to be added to the Resolution. It 553 would read `Whereas the completed plans will provide a more up to date and accurate estimate of the 554 project costs and allow the city to address, more accurately, the possible financing scenarios.' She 555 indicated that right now it says further evaluate, which does not address the financial issue. 556 557 Community Development Director Grochala agreed they could add that to the Resolution. 558 559 Councilmember Carlson moved to adopt Resolution No. 03-106 authorizing preparation of plans and 560 specifications for Marshan Lane Utility Extension, adding an additional `whereas' to the Resolution 561 as stated above. Councilmember Dahl seconded the motion. 562 563 Mayor Bergeson indicated it seems like they are having more than the usual amount of questions on 564 property lines, and maybe it would be beneficial for the City to pay a surveyor to determine the lot 565 corners rather than having a number of individuals going about it separately. 566 567 Community Development Director Grochala indicated this may be getting done for them already. He 568 noted staff was meeting with Mr. Rehbein's surveyor to see what can be done. He advised the 569 problem is that the legal description on this goes 15 -feet further on either side than the legal 570 description of the other properties. He hopes to have additional information after the meeting next • 571 week. 572 12 COUNCIL MINUTES JULY 14, 2003 APPROVED *73 Motion carried unanimously. 74 575 Resolution No. 03-106 can be found in the City Clerk's office. 576 577 G. Consideration of Resolution No. 03-108, Calling for Hearing on Prairie Flower Surface 578 Water Management Project, Jim Studenski 579 580 City Engineer Studenski summarized the staff report. He noted they will also be distributing 581 information to the neighbors. He indicated through previous neighborhood meetings they have had 582 discussions on the cost issues, but there is also a timing issue and they need to get this started. 583 584 Mayor Bergeson asked if there is a recommendation for a date. City Engineer Studenski indicated 585 they are trying to hold a neighborhood meeting first, and if they can set-up the public hearing for the 586 August meeting they would prefer to do that. 587 588 Mayor Bergeson asked if they can call a public hearing without a date. City Attorney Hawkins asked 589 if they would be publishing the date for the public. Community Development Director Grochala 590 stated now they are asking for authorization to hold a meeting; they would publicize the date and send 591 notices to those affected when a date is determined. City Attorney Hawkins offered it would not be a 592 problem to order the hearing without having a specific date determined this evening. 593 594 Councilmember Reinert moved to adopt Resolution No. 03-108 calling for hearing on Prairie Flower 595 Surface Water Management project. Councilmember Dahl seconded the motion. 96 5 597 Motion carried unanimously. 598 599 Resolution No. 03-108 can be found in the City Clerk's office. 600 601 H. Consideration of Resolution No. 03-109, Authorizing Distribution of Lakes Business 602 Park EAW, Michael Grochala 603 604 Community Development Director Grochala summarized the staff report. 605 606 Bob Moberg, Short Elliott Hendrickson, Inc. indicated that as Community Development Director 607 Grochala mentioned in his report there was a follow-up meeting with the Environmental Board, and 608 some changes that they wanted made. He indicated he did not have an opportunity to get them into 609 the document before the Council this evening, but he reviewed each of the changes from his memo of 610 July 10, 2003. He indicated on the first item from the memo, the proposed change is in wooded areas, 611 brush and grassland, and ponding. He stated the total summary is still accurate; there are just changes 612 in the pre and post development breakdown. 613 614 On item six, Mr. Moberg indicated they received a letter from the State Historic Preservation Office 615 concurring with the need for a field study. In talking with the consultant on Friday, they have 616 completed a field study and there are two sites that have been determined to have historic preservation 617 needs. He indicated they will have comments back from the State Historic Preservation Office before 618 the City Council has to make decisions. .619 13 COUNCIL MINUTES JULY 14, 2003 APPROVED 620 Councilmember Carlson indicated that on change number five, she noticed the words `managed on .621 site'. She asked if the narrative actually says `managed on site'. Mr. Moberg stated the language 622 says maintained at regulated rates, which means the water would not leave the site. 623 624 Councilmember Carlson asked if they could get copies of the paragraphs that were changed, striking 625 out old items and highlighting new ones, as well as copies of the letter from SHPO. Mr. Moberg 626 indicated he would provide that information. 627 628 Mr. Moberg stated that as mentioned, they received a letter back from the DNR on what the DNR 629 would believe to be valuable plant species. He indicated they will be doing a survey with an area 630 botany firm to determine the location of the species, including a review of the nesting sites. 631 632 Councilmember Carlson stated on page 16, number 21 it refers to the number of vehicles that will 633 enter and exit at peak hours, but it does not have level of service information. She is wondering why, 634 since it is important to the entire area, especially with a mix of residential and commercial coming 635 into the area. She noted it also does not mention that the County has removed this from its Capital 636 Improvement Project list. 637 638 Mr. Moberg stated the street out of Mr. Rehbein's property will not come out to Town Center; it will 639 be separated by another intersection. He indicated with the analysis done to date, they do not believe 640 there will be a decrease in the level of service on Lake Drive. He added they are in the process of 641 doing an extensive traffic study for Lake Drive. 642 •643 Councilmember Carlson stated she would think there will be an increase of traffic from Lake Drive 644 wanting to get onto 35. Mr. Moberg agreed, but stated they do not believe it will cause a decrease of 645 service. Mayor Bergeson noted that if Mn/Dot has a concern, they should receive a comment back 646 from them during the review period. Mr. Moberg concurred. 647 648 Councilmember Reinert asked when the in-depth traffic study will be done. Mr. Moberg stated in 649 two to three months. He indicated part of the issue is trying to get input and concurrence from 650 Mn/Dot and Anoka County. They have met with them but when they get more information they will 651 be contacting them again. 652 653 Councilmember Reinert moved to adopt Resolution No. 03-109 approving distribution of the 654 Environmental Assessment Worksheet for the Lakes Business Park. Councilmember O'Donnell 655 seconded the motion. 656 657 Motion carried unanimously. 658 659 Resolution No. 03-109 can be found in the City Clerk's office. 660 661 UNFINISHED BUSINESS 662 663 There was none 664 665 NEW BUSINESS •666 667 A. Approval of the June 18, 2003 Council Work Session Minutes 14 COUNCIL MINUTES JULY 14, 2003 APPROVED 668 B. Approval of the June 23, 2003 City Council Meeting Minutes •669 670 Mayor Bergeson noted Councilmembers Carlson and Dahl were absent for the June 18th work session. 671 672 Councilmember O'Donnell moved to approve the June 18, 2003 Council Work Session Minutes. 673 Councilmember Reinert seconded the motion. 674 675 Motion carried unanimously. Councilmembers Carlson and Dahl abstained. 676 677 Councilmember Carlson noted that she and Councilmember Dahl were attending a session with the 678 League of Minnesota Cities on the date of the work session. 679 680 Councilmember Carlson noted one correction to the June 23, 2003 City Council meeting minutes. 681 1. Page 3, Line 100 should say 'the City Council has financial approval.', rather than 'the 682 EDA has financial approval.' 683 684 Councilmember Carlson moved to approve the June 23, 2003 City Council Meeting Minutes. 685 Councilmember Dahl seconded the motion. 686 687 Motion carried unanimously. 688 689 Mayor Bergeson announced a Community Service Family Fun Day, July 20, 2003, sponsored by a 690 local union, Lino Lakes Correctional Facility, Lino Lakes Police Department and Centennial Fire Ani 691 Department. W692 693 COMMUNITY CALENDAR July 15, 2003 THROUGH July 28, 2003: 694 695 A) Wednesday, July 23, 2003, 5:30 p.m., Council Work Session 696 B) Monday, July 28, 2003, 6:30 p.m., City Council Meeting 697 ADJOURN 698 699 There being no further business, Councilmember Dahl moved to adjourn at 9:08 p.m. Councilmember 700 Carlson seconded the motion. 701 702 Motion carried unanimously. 703 704 These minutes were considered and approved at the regular Council Meeting, July 28, 2003. 705 706 707 708 709 Ann Blair, C7ijty Clerk John : rgeson, Mayor 710 711 712 • 713 15 COUNCIL MINUTES JULY 14, 2003 APPROVED 714 Transcribed by: •715 Karen Whaley 716 TimeSaver Off Site Secretarial, Inc. 717 • • 16