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HomeMy WebLinkAbout08/20/2003 Council Minutes• • CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 1 2 3 CITY OF LINO LAKES 4 MINUTES 5 6 7 8 DATE : August 20, 2003 9 TIME STARTED : 5:35 p.m. 10 TIME ENDED : 10:44 p.m. 11 MEMBERS PRESENT : Councilmember Carlson, Dahl, O'Donnell 12 and Mayor Bergeson 13 MEMBERS ABSENT : Reinert 14 15 Staff members present: Administration Direction, Dan Tesch; Community Development 16 Director, Michael Grochala; City Engineer, Jim Studenski; Public Services Director, Rick 17 DeGardner (part); Economic Development Assistant, Mary Alice Divine (part);and Chief 18 of Police, Dave Pecchia (part) 19 20 21 DISCUSS PROPOSED COMPREHENSIVE PARKS, RECREATION 22 FACILITIES, OPEN SPACE/GREENWAYS, AND TRAILS PLAN, MICHAEL 23 GROCHALA AND RICK DEGARDNER 24 25 Community Development Director Grochala advised due to the adoption of the 26 Comprehensive Plan, the City should move forward on a park plan to implement aspects 27 of the Comprehensive Plan. The last park plan was done in 1997. Staff believes it is 28 time to move forward with a revised plan to implement greenways and other components 29 of the Comprehensive Plan. 30 31 Public Services Director DeGardner stated he believes it is time to work on the plan and 32 coordinate all the elements of the plan. Mr. Jeff Schoenbauer, Brauer and Associates, has 33 agreed to work with the City to update the park plan. 34 35 Mr. Schoenbauer stated the City should take a look at the park plan and tie all 36 components together. The updated plan would give the City assurance that it is going in 37 the right direction. One component of the plan would include funding for the parks 38 within the City. 39 40 Councilmember O'Donnell asked if the plan would report on the progress of the current 41 park plan. Mr. Schoenbauer advised all the work that has been done up to this point will 42 be included in the revised plan. 43 44 Public Services Director DeGardner stated there has also been some interest in reviewing 45 the current park ordinance and dedication fees. 46 47 Councilmember Dahl stated the park dedication fee should reflect inflation. She 48 suggested staff look into raising the fees while the park plan is being revised. 49 CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 1 Public Services Director DeGardner stated he would work with Al Brixius and City staff • 2 to determine if the park fees should be increased at this time. 3 4 BRUGGEMAN DEVELOPMENT PARK DISCUSSION, MICHAEL GROCHALA 5 AND JEFF SMYSER 6 7 City Planner Smyser distributed a memo regarding the Bruggemarr Development park 8 issue. The park dedication issue has yet to be resolved and staff is looking for Council 9 direction. The two questions are if the park area should be public or private and how 10 much park dedication credit should be given to the developer. 11 12 City Planner Smyser reviewed the background of the development and park plan. He 13 indicated the Park Board recommended the park area be private, with an undetermined 14 credit for it. The Planning and Zoning Board recommended the park be public, with 15 credit to be determined by the City Council. Staff is recommending the park be private 16 because it is not designed in a way that is suitable for use by the public. 17 18 City Planner Smyser advised the project is scheduled for the September 8 Council 19 meeting. The report, including a park recommendation, will be completed for the 20 September 3 Council work session. 21 22 City Planner Smyser noted that attached to the memo is a cost estimate for the 23 development of the park area. Council direction is needed to determine how much credit 24 should be given to the developer. • 25 26 Councilmember Carlson stated it is pretty clear in the Comprehensive Plan that the City 27 will pursue open area in this area of the City. She indicated her mind is not yet made up 28 on this issue. She noted she does not believe the City has any private park areas. 29 30 Councilmember O'Donnell confirmed that the trails would also be private but connected 31 to public trails. He stated that his first impression would be to have the park area public 32 to eliminate conflicts that might arise at some point in the future. 33 34 Mr. Schoenbauer stated park placement should be based on serving the public. He 35 encouraged the Council to think of the parks as a system. A private park will only serve a 36 small percentage of the population. The City could then be faced with the burden of 37 maintaining the park without the park serving the public as a whole. Modifications could 38 be made to the plan to enable the park area to serve all residents. If the Council feels this 39 type of park is an amenity to the City, the City could use park dedication fees with some 40 strings attached. 41 42 City Planner Smyser advised staff is not saying the park area should not be included in 43 the plan. Staff is saying that the park does not serve the public well. 44 45 Mayor Bergeson stated he looks at the park area as an amenity to the owners of the 46 homes in that development. He stated he believes the park area should remain private. If 47 the park area remains public, it could be years before the park is developed due to lack of • 48 funds. • • CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 1 2 Councilmember Dahl stated she does not see how the City can keep the park area private. 3 She stated she is unsure about the ramifications of a private park because there are none 4 within the City. 5 6 Mr. John Johnson, Representative for Bruggeman Homes, stated the public aspect of the 7 park area came from a comment made by Councilmember Reinert. The Park Board was 8 concerned about credit for the park dedication if the park remained private. Enforcement 9 of the park area if it remains private is an issue. There is also an issue with maintenance 10 if the park area is private. The developer will be present at the next Council work session 11 to discuss the park issue. 12 13 City Planner Smyser stated that if the park area remains private, the question is what 14 percentage of what is spent on the park should be credited. If the park area remains 15 public, it should be developed with public input through the public planning process. 16 17 Public Services Director DeGardner stated he would put together a memo outlining the 18 features and benefits of a public park vs. private park. 19 20 Mayor Bergeson asked what the park dedication would amount to if the park dedication 21 was strictly paid in cash. Community Development Director Grochala advised the park 22 dedication fee would be approximately $256,776. The trails cost approximately $92,000. 23 The City typically gives developers credit for the trails. The bigger question is the 24 recreational area and how much credit should be given for that. 25 26 Mayor Bergeson asked for two staff recommendations related to the park dedication. He 27 asked that the recommendations be included in the Friday update prior to the next 28 Council work session. He requested staff also forward those recommendations to the 29 developer. He noted the City needs to work towards a City policy for combination 30 cash/land park dedications. 31 32 City Planner Smyser advised taking on a park facility is very expensive. If the City is 33 going to spend money on a public facility it should be very well planned. 34 35 This item will appear on the Council work session agenda Wednesday, September 3, 36 2003, 5:30 p.m. 37 38 TRAPPER'S CROSSING DRAINAGE ISSUES, JIM STUDENSKI 39 40 City Engineer Studenski advised residents have been very concerned about a new house 41 being built in the Trapper's Crossing development. Residents have issues regarding 42 drainage, slope of the home and the value of the home. 43 44 City Engineer Studenski continued indicating there have been drainage concerns in the 45 past in Trapper's Crossing. The builders did correct some of the homes and put in tiles 46 and a drainage swale. The new house being constructed does conform to the grading 47 plan. The house has been raised but that will not affect the drainage. 48 • CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 1 City Engineer Studenski referred to a map and pointed out the direction the drainage will 2 occur in that area. The City is spending dollars to correct the drainage issues in that area. 3 Staff has reviewed the new house and it does conform to the modified drainage plan. 4 5 Councilmember Dahl asked if there is any escrow left from the developer or the builder. 6 Community Development Director Grochala stated there is no escrow money left which 7 is why it has become a City project. The swale will be part of the 2003 Water Surface 8 Management Plan. The swail will be placed on the easements and should correct the 9 drainage problems. 10 11 Mr. Larry Falle, 6342 Cherokee Trail, stated that if he had known about the drainage 12 problems he would not have moved to the area. He stated the problems have been very 13 difficult to deal with. He stated the house behind him is built two feet above the ground. 14 He stated he received a recommendation from an engineer that the swale should go 25 15 feet across the easement. He also stated the new house being built is very, very high. He 16 stated he was told that all houses in the development had to have full basements. The 17 house being built is a lookout. He stated it affects all the residents in the area and house 18 values. 19 20 City Engineer Studenski advised the house being built does not violate any zoning 21 ordinances. 22 23 Councilmember Carlson asked why the elevation of the house is so much higher than the 24 others in the area. Community Development Director Grochala stated no additional run 25 off will be created by the elevation of the house. The water will drain according to the 26 plan and run to the swale that the City is construction. 27 28 Mr. Bill Johnson, 6348 Cherokee Trail, stated drain tiles and a drain basin were 29 constructed on the side of his house. However, because of the elevation the water does 30 not drain properly. He stated he has no problem with the swale if the water will drain 31 properly. He asked to see the plan for the swail and indicated he is also concerned about 32 the elevation of the new house. 33 34 Mr. Bill Karl, 6360 Cherokee Trail, stated the elevated yard of the new house would 35 affect the drainage. He stated he can not believe the City would allow a house to be built 36 at that elevation because the City knew about drainage problems in the area. He stated he 37 does not understand why all homes in that area but one have full basements. 38 39 Mr. Mike Stagg, 6354 Cherokee Trail, stated water from the new house will run faster 40 and more because of the slope. He stated that he has heard for quite some time that the 41 City is fixing the drainage problem but nothing ever gets done. The new house will 42 create even more drainage problems. 43 44 Mayor Bergeson stated the City can not tell the homeowner to lower the house because 45 the City is not aware of any violations. The City can work on the drainage problems. 46 47 Community Development Director Grochala stated bids for the project are currently out. 48 A neighborhood meeting will be scheduled when the bids come in. CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 1 • 2 Mr. Stagg 6354 Cherokee Trail stated he wants assurance form the City that the problem 3 will be fixed. He stated he would like to review and understand the plan to solve the 4 problem. He added he would also like to be informed of the timeline for the project. 5 6 The Council directed staff to check the record of approval for that project and contact 7 residents regarding the basement issue and the timeline of the project. 8 9 SURFACE WATER MANAGEMENT PLAN, JIM JACQUES (TKDA) AND 10 MICHAEL GROCHALA 11 12 Mr. Jim Jacques, TKDA, stated the Surface Water Management Plan was discussed at the 13 last Council work session. 14 15 Community Development Direction Grochala stated the plan was assembled on 16 information the City currently has. The question is if the city is ready to move forward 17 with the plan. The plan needs to be distributed and go through the public comment 18 period. 19 20 Mr. Jacques stated the goal of the plan is to make public waters in Minnesota fishable and 21 swimmable. The plan was assembled with that goal in mind. The executive summary is 22 the guts of the plan and does include goals and policies. The Council needs to approve 23 the plan for distribution or suggest modifications. 24 • 25 Councilmember Carlson referred to the plan and noted the City of Centerville is not on 26 the chart. She clarified the flow direction of Clearwater Creek and noted two lakes within 27 the watershed were not listed. She also inquired about the date when the new ordinances 28 would take effect. Mr. Jacques advised the dates in the report will have to be changed. 29 30 Councilmember Dahl referred to the term "detention ponds" and asked if it should be 31 "retention ponds". Mr. Jacques advised the correct term is detention ponds. 32 33 This item will appear on the regular Council agenda Monday, August 25, 2003, 6:30 p.m. 34 35 HALEY MANOR RESIDENTIAL SUBDIVISION, JEFF SMYSER 36 37 City Planner Smyser advised this project was discussed and tabled at the last City 38 Council meeting. The Council had a question regarding utilities running down Lois 39 Lane. He reviewed the background of this issue noting the project does not propose 40 utilities to service additional properties in the neighborhood. However, a petition was 41 submitted from other residents in the area. 42 43 Mayor Bergeson stated the City needs to formally respond to the petition. City Engineer 44 Studenski reviewed the City process for petitions. He indicated a letter was sent to all 45 residents to notify them about tonight's meeting and this discussion. 46 47 City Planner Smyser stated there are two issues; there is a developer proposed project and • 48 other property owners have petitioned for utilities. Utilities in Haley Manor will not • • CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 1 determine the availability of utilities to the other residents. There is a failing septic 2 within the Haley Manor redevelopment area. Council can direct staff to order the 3 feasibility study for the additional utilities. Staff could make a recommendation after the 4 study is completed. 5 6 Mayor Bergeson asked if there is any advantage of doing the project for the whole street 7 at one time. City Engineer Studenski stated there are multiple groups here that want 8 different things. The issue is that the City is running out of grade, causing drainage 9 problems. He stated he does not believe the City will see economy of scale in this 10 situation. He noted a letter regarding this issue did go out to residents. 11 12 Councilmember O'Donnell stated it does make sense for the City to deal with the whole 13 area. He asked if the utilities could be done as a City project and paid for by assessments 14 to residents and the developer. Community Development Director Grochala stated the 15 City could not make the project happen. The City could go through the feasibility study 16 but residents may petition out of the project. The City can carry costs and assess when 17 residents hook up. 18 19 Mayor Bergeson asked if the City could go to the Metropolitan Council and ask for a 20 Comprehensive Plan amendment and MUSA for the whole street. He stated the question 21 of subdividing is an economic decision. He noted he is not sure all Councilmembers are 22 in favor of a Comprehensive Plan amendment. 23 24 Community Development Director Grochala stated he believes the City could go to the 25 Metropolitan Council to get that first step taken care of for the residents. Council has to 26 give that direction to staff. The City should have an agreement with the property owners 27 if the project moves forward. There are also several other steps that need to be taken by 28 the property owners, including platting. 29 30 Mayor Bergeson advised the City has legal deadlines in regard to Haley Manor. He 31 stated he is unsure if the additional residents can get everything done in time for the 32 Council to take action on Haley Manor. He asked if staff can at least get an answer to the 33 depth question. 34 35 City Engineer Studenski advised staff already knows that the sanitary sewer is only about 36 eight feet deep at the end of Haley Manor. That depth will run out before all property 37 owners are serviced. 38 39 Community Development Director Grochala stated he believes staff can do some 40 preliminary investigation by Monday with the cooperation of property owners. 41 42 Haley Manor Residential Subdivision will appear on the regular Council agenda Monday, 43 August 25, 2003, 6:30 p.m. 44 45 RECEIVE REPORT ON OPEN WORLD LEADERSHIP PROGRAM FROM 46 BARBARA BOR 47 CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 1 Ms. Barbara Bor advised an information packet was distributed regarding the Open • 2 World Leadership Program. She indicated she has been asked through her affiliations to 3 host a group of Russians this fall as part of an Open World Leadership Program. 4 5 Ms. Bor continued stating she has been asked to facilitate experiences regarding our form 6 of government and also free enterprise and healthcare provision and resources. She 7 referred to a copy of the itinerary included in the packet and asked the City Council to 8 take part and meet with the group. She stated she believes they will be here the third 9 week in October. She asked the Council to review the packet and noted the press would 10 be involved. 11 12 It was the consensus of the Council that the City should participate in the program. The 13 Council asked Ms. Bor to work with the Administration Director regarding the details. 14 15 VILLAGE PURCHASE AGREEMENT (CITY PROPERTY), MICHAEL 16 GROCHALA AND MARY DIVINE 17 18 Economic Development Assistant Divine advised the Hartford Group, Inc. (Legacy 19 Holdings Lino Lakes, LLC) wishes to enter into a purchase agreement with the City of 20 Lino Lakes for approximately 11 acres of city -owned property as part of the Weeds Edge 21 development (formerly called the Village). The developer is proposing a mixed-use 22 development consisting of retail, office, for -sale townhomes, rental townhomes, senior 23 apartments and condos. 24 •25 Economic Development Assistant Divine reviewed the major components of the purchase 26 agreement noting the agreement is fairly standard. She indicated staff has been working 27 through a number of city and developer responsibilities and schedules for completion of 28 the approvals and a construction start of Spring 2004. 29 30 Councilmember O'Donnell inquired about the City financial assistance within the 31 agreement. He asked if there are any commitments as far as the amount of assistance. 32 Economic Development Assistant Divine advised there are no minimums or 33 commitments in the agreement. The financial assistance from the City will be 34 determined at some point in the future. 35 36 Councilmember Carlson asked how the purchase price of $4.50 per square foot compares 37 to how the City is carrying the property on the books. Community Development Director 38 Grochala stated staff looked at all the City costs related to the property to determine the 39 price. The purchase price will make the City whole. He noted Legacy Holdings Lino 40 Lakes, LLC, is a trademark name of the Hartford Corporation for this project. 41 42 Councilmember O'Donnell asked how the sale of the property would affect the YMCA 43 and their possible need for more land. Economic Development Assistant Divine advised 44 the land being sold does include any additional acreage the YMCA may need. She noted 45 she believes the YMCA is trying to work with the land that they have. 46 47 Council directed staff to contact the YMCA regarding the sale of the City owned • 48 property. CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 2 This item will appear on the regular Council agenda Monday, August 20, 2003, 5:30 p.m. 3 4 Mayor Bergeson called for a short break at 9:03 p.m. 5 6 Mayor Bergeson reconvened the meeting at 9:16 p.m. 7 8 DISCUSS POSTING OF PERSONAL PROTECTION ACT (CONCEAL AND 9 CARRY), POLICE CHIEF DAVE PECCHIA 10 11 Chief Pecchia advised the City did receive a letter from the Centennial School District 12 requesting the posting of personal protection signs at all entrances to the building. To 13 comply with the law, the City has to post the signs because of the Early Childhood 14 Center. Staff is working with the City Attorney regarding the wording for the sign. He 15 noted citizens are allowed to store their guns in the trunks of their cars in the parking lot. 16 17 Councilmember O'Donnell inquired about the verbal notification requirement. Chief 18 Pecchia advised that if a citizen carries a gun into the building, he or she should be 19 informed that no weapons are allowed in the building and that is posted. He indicated a 20 staff training will be held before the signs are posted. 21 22 Chief Pecchia stated the Kohl's robbery is still under investigation and the robbery at the 23 Oasis was a theft. 24 1111 25 Mayor Bergeson stated another meeting regarding the Quad Cities Police Depailment 26 was held. The conclusion was that at this point in time, no agreement could be reached. 27 No further meetings have been scheduled. The City Administrators will put together a 28 joint press release. 29 30 TRI -CITY COALITION UPDATE, MICHAEL GROCHALA 31 32 Community Development Director Grochala distributed copies of handouts from the last 33 Tri -City Coalition meeting. Included in the handouts were a list of issues and summary 34 of a work program. 35 36 Community Development Director Grochala advised the City has received two requests 37 from Anoka County. Anoka County is asking for a letter of support for two projects that 38 affect Lino Lakes. The projects include the reconstruction of 109`h Street from Lexington 39 to Sunset and Main Street between 21s` Avenue and Otter Lake Drive. The 109`h Street 40 project is mainly in the City of Blaine. The Main Street project is a big part of the Tri - 41 City Coalition effort. 42 43 Community Development Director Grochala advised staff feels both projects are 44 beneficial. The letters of support need to be received by the County by Monday. 45 46 Council directed staff to draft letters of support for both projects and forward them to 47 Anoka County, • 48 • • • CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 1 BIRCH STREET SPEED STUDY, MICHAEL GROCHALA 2 3 Community Development Director Grochala advised the City received a request to 4 conduct a speed study on Birch Street. MnDOT ultimately conducts the speed study. 5 The County is asking for a formal letter from the City requesting the study. The letter 6 will then be forwarded to MnDOT. There is the possibility that the speed limit on that 7 street will increase after the study is completed. 8 9 Council directed staff to draft a formal letter to the County requesting a speed study on 10 Birch Street. 11 12 MOUNTAIN MACHINE INDUSTRIAL BUILDING EXPANSION, MICHAEL 13 GROCHALA AND JEFF SMYSER 14 15 Community Development Director Grochala advised a local industrial business on Lake 16 Drive South of 79th Street would like to expand. The existing zoning on that site is Light 17 Industrial. The Comprehensive Plan identifies that area as commercial at some point in 18 the future. 19 20 City Planner Smyser distributed verbiage from the Comprehensive Plan pertaining to this 21 issue along with a map of the proposed land use. The Comprehensive Plan indicates 22 commercial land uses are proposed to extend north from the Town Center area along 23 CSAH 23 to the existing commercial uses at the intersection of CSAH 23 and Main 24 Street. Also included was verbiage regarding the City trying to relocate the current 25 industries into a community industrial park and redevelopment of these existing industrial 26 sites. He stated staff would like Council direction regarding this issue. 27 28 Councilmember O'Donnell suggested staff talk to the industrial business about the 29 possibility of relocation within the City. 30 31 Council directed staff to discuss possible relocation sites with Economic Development 32 Assistant Divine. 33 34 REGULAR AGENDA, AUGUST 25, 2003 35 36 Item 4B, Consider Resolution No. 03 — 131, Establishing Process for Replacing City 37 Administrator — Councilmember Dahl requested copies of all resumes the City receives 38 for the position of City Administrator. Council requested staff to investigate the legality 39 of distributing copies of resumes to Councilmembers. 40 41 There were no changes to the regular agenda. 42 43 COUNCIL GUIDELINES, COUNCILMEMBER JEFF O'DONNELL 44 45 Councilmember O'Donnell advised Councilmembers received communication from the 46 City Administrator last week. He noted he has not discussed this issue with any 47 Councilmember since that communication via email. He stated that he feels very 48 strongly that the City Council as a body needs guidelines in relation to roles and • • • CITY COUNCIL WORK SESSION AUGUST 20, 2003 APPROVED 1 responsibilities. He advised he has talked to the League of Minnesota Cities and other 2 cities regarding this issue. He indicated he has a list of suggested guidelines that he 3 wanted to discuss and possibly add to Monday's agenda. Due to the late hour, he 4 recommended the guidelines be discussed at the next Council work session and possibly 5 voted on at the Council meeting after that. He stated he is committed to working on this 6 issue before he leaves office. 7 8 Mayor Bergeson stated he agrees that Council guidelines should be discussed but a 9 scheduled time is needed to properly address the issue. He requested staff add the 10 Council Guidelines to the next work session agenda and allow enough time for 11 discussion. He also requested the Council also discuss the issue of when the Council will 12 take public input and how much. 13 14 The meeting was adjourned at 10:44 p.m. 15 16 These minutes were considered, corrected and approved at the regular Council meeting held on 17 September 22, 2003. 18 19 20 21 22 Ann Bla ij, City Clerk erge•-:n, M.'or 23 24 25 26 Transcribed by: 27 Kim Points 28 TimeSaver Off Site Secretarial, Inc. 29 30 10