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HomeMy WebLinkAbout09/22/2003 Council MinutesAPPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : September 22, 2003 6 TIME STARTED : 6:54 P.M. 7 TIME ENDED : 10:04 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: Director of Administration, Dan Tesch; Community Development Director, 13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; Economic Development 14 Assistant, Mary Alice Divine; Fire Chief, Milo Bennett (part); City Clerk, Ann Blair; and City 15 Attorney, Bill Hawkins. 16 17 SETTING THE AGENDA 18 19 The agenda was approved as presented. 20 21 CONSENT AGENDA 22 23 Councilmember Dahl moved to approve the Consent Agenda, as submitted. Councilmember Carlson 24 seconded the motion. • 25 26 Motion carried unanimously. 27 28 ITEM ACTION 29 30 A. CONSIDERATION OF EXPENDITURES: 31 32 i) September 22, 2003 (Check No. 69084 - 33 69228, $970,174.99) Approved 34 35 ii) Centennial Fire District (Check No. 13946 - 36 13960, $8,836.38) Approved 37 38 B. ELECTION JUDGE APPROVAL FOR 39 NOVEMBER 4TH ELECTION Approved 40 41 C. CONSIDER RESOLUTION NO. 03-170 42 CHANGING DECEMBER MEETING DATES Approved 43 44 OPEN MIKE 45 46 No one was present for open mike. 47 IF 48 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 49 FINANCE DEPARTMENT REPORT, AL ROLEK 50 51 There was no report. 52 53 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 54 55 A. Consideration of 2004 Centennial Fire District Budget 56 Fire Chief Bennett summarized the report, noting several increases and decreases to the Fire District 57 Budget. He stated the Fire Inspector is in his first four years, and therefore still going through step 58 increases. He noted vehicle maintenance was increased based on experience, and building 59 maintenance decreased by the same process. He stated equipment purchases have been put on hold as 60 well. He further stated dues and memberships were reduced, and they have eliminated most travel 61 expenses. He noted that for conferences and schooling they will look at doing as much of the training 62 with in-house staff as possible versus bringing in outside consultants. He stated they are eliminating 63 one Assistant Fire Marshall. He indicated the budget allows for a 3% increase for the Fire Chief and 64 his assistant. 65 66 Fire Chief Bennett indicated the changes correlate to a reduction in cost per person from $25.16 in 67 2003, to $24.47 per person in 2004. 68 69 Councilmember O'Donnell indicated he noticed there is no depreciation shown in the budget. Fire 70 Chief Bennett indicated they have a capital equipment account where that is handled. He stated they 71 did not alter that account as it is tied to a 20 -year plan, and they felt it would be shortsighted to make io72 an adjustment. 73 74 Councilmember Carlson moved to approve the 2004 Centennial Fire District Budget as presented. 75 Councilmember Dahl seconded the motion. 76 77 Mayor Bergeson thanked Chief Bennett for a good job on the budget. He noted it is not often they 78 receive a proposal for less than the previous year. 79 80 Motion carried unanimously. 81 82 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 83 84 There was no report. 85 86 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 87 88 There was no report. 89 90 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA 91 92 A. Marshan Lake Industrial Park, Michael Grochala 93 Community Development Director Grochala summarized the staff report, indicating there are several 94 actions that need to be taken. 95 2 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 96 Councilmember Carlson stated she does not see a basis for requiring an EIS, but there are serious • 97 traffic concerns. She noted the comments from MnDOT indicate the City should deny plat approval 98 based on the traffic concerns. She asked for the consultant to comment. 99 100 Mr. Bob Moberg, of SHE, Inc. stated the traffic study is ongoing, and they are trying to get the 101 documentation completed to the satisfaction of MnDOT and Anoka County. Councilmember Carlson 102 stated they will be reviewing the plat tonight. Mr. Moberg indicated one comment they have is that 103 MnDOT is not acknowledging the improvements on the other side of Lake Drive. He stated MnDOT 104 advised the City should complete a study when in fact a detailed study was done in relation to those 105 improvements. 106 107 Councilmember Carlson asked if the City would be submitting that information to MnDOT. Mr. 108 Moberg indicated they would be. 109 110 Community Development Director Grochala commented some of MnDOT's comments on traffic 111 counts indicated the counts had doubled coming out of the industrial park. He stated they have 112 clarified that for MnDOT. 113 114 Mayor Bergeson stated MnDOT's concerns are really on the approval of the plat, and not on the 115 EAW. He indicated they could make plat approval contingent on MnDOT approval. Community 116 Development Director Grochala agreed, and indicated the Industrial Park was evaluated at full build 117 out. He stated there will be additional turn lanes as part of this and everyone is aware additional steps 118 need to be taken at the northern intersection of the interchange. •119 120 i. Consideration of Resolution No. 03-167, Making a Negative Declaration on the 121 Need for an Environmental Impact Statement for Marshan Lake Industrial Park, 122 Michael Grochala 123 124 Councilmember Dahl moved to adopt Resolution No. 03-167, making a Negative Declaration on the 125 need for an Environmental Impact Statement for Marshan Lake Industrial Park. Councilmember 126 O'Donnell seconded the motion. 127 128 Motion carried unanimously. 129 130 Resolution No. 03-167 can be found in the City Clerk's office. 131 132 ii. Consideration of Resolution No. 03-168, Preliminary Plat for Marshan Lake 133 Industrial Park, Michael Grochala 134 135 Director Grochala presented the Staff report, noting it is Staff's recommendation to approve, with 136 conditions 1-9 as outlined in the report. 137 138 Councilmember Reinert asked if there was a lighting plan for this development. Community 139 Development Director Grochala indicated as part of the public road improvements they will have two 140 street lights on the road. He stated individual site developments will have to meet the City's lighting 141 code requirements. He noted the Panattoni plan is in compliance with that code. .142 3 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 143 Councilmember Reinert verified that based on the hours of operation approved, the facility will not be *144 lit at night. Community Development Director Grochala indicated only security lighting would be on 145 at night. He stated the City has typical requirements of what is allowed, and the Council will be 146 reviewing the plans. He noted the Panattoni site review is not one of the actions this evening, and 147 Staff is still reviewing those plans. 148 149 Councilmember Carlson asked what type of buffer and screening there will be between the 150 development and the school. Community Development Director Grochala stated currently there will 151 be no screening except what exists. He indicated when Lot 3 is developed, screening will be required. 152 153 Councilmember Carlson asked if the Panattoni site abuts the school property. Community 154 Development Director Grochala indicated it does not. 155 156 Councilmember Carlson moved to adopt Resolution No. 03-168, Approving Preliminary Plat for 157 Marshan Lake Industrial Park with the following conditions: 158 159 1. The City shall not make any final decision on the proposed project until such time as a 160 negative declaration on the need for an Environmental Impact Statement (EIS) is determined 161 adequate. 162 2. Access control shall be dedicated to Anoka County along Lake Drive. 163 3. A southbound right turn lane and northbound left turn lane shall be constructed on Lake 164 Drive. All costs of such improvements and any necessary easements and/or right-of-way 165 acquisition shall be the responsibility of the developer. 4. The plat and proposed Lake Drive Improvements shall be subject to review and approval from •166 167 Anoka County. 168 5. A Rice Creek Watershed District permit shall be obtained prior to commencement of site 169 activities. 170 6. An ingress/egress easement for the maintenance purposes over Lot 2, Block 1 shall be 171 submitted to the City for access to ponding areas. 172 7. All comments setforth in the City Engineer's memo, dated September 18, 2003, shall be 173 incorporated in the development plans. 174 8. A revised Tree Preservation Plan shall be submitted identifying methods of tree protection. 175 9. The developer shall enter into a Development Contract with the City. 176 177 Councilmember Dahl seconded the motion. 178 179 Councilmember Carlson indicated she did not include an amendment in relation to MnDOT because 180 what they are saying is the interchange needs major improvements and she does not think with this 181 item they are in a position to do that. 182 183 Motion carried unanimously. 184 185 Resolution No. 03-168 can be found in the City Clerk's office. 186 187 iii. Consideration of Resolution No. 03-166, Approving a Business Subsidy for 188 Panattoni Development, LLC, Mary Alice Divine .189 4 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 190 Economic Development Assistant Divine summarized the staff report. She indicated the Economic 191 Advisory Committee recommends approval of this subsidy, and noted the Economic Development 192 Authority, during a meeting held earlier this evening, approved both the Business Subsidy and 193 Subordination Agreement. 194 195 Councilmember Reinert moved to adopt Resolution No. 03-166 approving a Business Subsidy for 196 Panattoni Development, LLC. Councilmember O'Donnell seconded the motion. 197 198 Motion carried 4:1. Councilmember Dahl opposed. 199 200 Resolution No. 03-166 can be found in the City Clerk's office. 201 202 iv. Consideration of Resolution No. 03-169, Approving Marshan Lakes Industrial 203 Park Development Contract, Michael Grochala 204 205 Community Development Director Grochala summarized the Staff report, noting the cash escrow will 206 likely be downgraded by the City Engineer after final determination of the trunk utility credits. 207 208 Councilmember Reinert asked what dollars, if any, the City is realizing for future reconstruction of 209 Highway 35W and Lake Drive. He indicated the Industrial Park will be creating more traffic, and he 210 thinks it is reasonable to request a contribution. 211 212 Community Development Director Grochala stated the developer is responsible for improvements on 5213 Lake Drive directly in front of their site. He added they have also held out approximately $125,000 14 for that improvement from the TIF District that was then not available for the developer's use. 215 216 Councilmember O'Donnell moved to adopt Resolution No. 03-169, approving Marshan Lakes 217 Industrial Park Development Contract. Councilmember Carlson seconded the motion. 218 219 Mayor Bergeson stated he feels this development will be a fine addition to the city that will 220 eventually come on the tax rolls and provides a low impact to the community for the amount of 221 square feet. 222 223 Motion carried unanimously. 224 225 Resolution No. 03-169 can be found in the City Clerk's office. 226 227 B. Consideration of SECOND READING of Ordinance No. 16-03, Rezoning Property from 228 R -Rural to R-1, Single Family Residential, Hailey Manor, Jeff Smyser 229 230 City Planner Smyser presented the Staff Report, indicating Staff recommends approval of the 231 Ordinance. 232 233 Councilmember Carlson moved to approve the SECOND READING of Ordinance No. 16-03 234 amending the zoning ordinance of the City of Lino Lakes by rezoning the land within the Hailey 235 Manor plat from R -Rural to R-1 Single Family Residential. Councilmember Dahl seconded the 36 motion. W37 5 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 238 Councilmember Carlson voted yea. Councilmember Dahl voted yea. Councilmember O'Donnell .239 voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted yea. 240 241 Motion carried unanimously. 242 243 Ordinance No. 16-03 can be found in the City Clerk's office. 244 245 C. Consideration of SECOND READING of Ordinance No. 18-03, Rezoning from R-1 to R- 246 2, Crystal Cove, Jeff 247 248 City Planner Smyser presented the Staff Report, stating Staff recommends approval of the Ordinance. 249 250 Councilmember O'Donnell moved to approve the SECOND READING of Ordinance No. 18-03 251 amending the zoning ordinance of the City of Lino Lakes by rezoning certain real estate from R-1, 252 Single Family Residential to R-2, Two Family Residential, for Lots 2 and 3 of the Crystal Cove 253 Development. Councilmember Reinert seconded the motion. 254 255 Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Councilmember Carlson 256 voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea. 257 258 Motion carried unanimously. 259 260 Ordinance No. 18-03 can be found in the City Clerk's office. .61 62 D. Miller's Crossroads, Bruggeman Development, Jeff Smyser 263 264 City Planner Smyser reviewed the Staff report, stating the number of units has been reduced from 152 265 to 151. He demonstrated which areas would be included in each of the four phases, noting the unit 266 reduction would be in phase three. He stated an outstanding issue for the City Council is if they are 267 comfortable with two -unit or three -unit options on Ware Road. He noted this project requires several 268 actions. 269 270 Mayor Bergeson noted there is an assessment for road improvement at Birch Street and Hodgson 271 Road to be shared between two developments. He asked what the City hopes to accomplish with 272 those improvements. City Engineer Studenski indicated that as previously discussed, improvements 273 on Birch Street and up to Hodgson Road are part of this approval. He stated the improvements will 274 put turning movements in and out of each development, and turning movements on Birch and 275 Hodgson, including temporary traffic signals. He indicated the costs have been split between the 276 developments, with half of the cost of the traffic signals paid by Anoka County, since both are State 277 Aid roads, and the other half split between the developments. He noted the south development 278 (Bruggeman site) will be responsible for $340,000 and the north development (Spirit Hills site) will 279 be responsible for $260,000. 280 281 Councilmember Carlson stated there is a PUD for the development plat. She asked Staff to address 282 the benefits of a PUD, and what the City gained. City Planner Smyser indicated that one of the most 283 important benefits of a PUD is that you are able to gain more open space in developments. He stated 084 this open area would not typically be part of a medium density development. He noted one trade-off 6 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 285 is the setbacks will be five feet less than would normally be required, allowing for an expanded ,286 backyard open area. He indicated that is the primary gain for the City. 287 288 Councilmember Dahl indicated she was unable to finish the previous week's work session, and she 289 thanked the gentlemen from the Bruggeman property for being generous in working with the City 290 Council. She indicated when she talked with them today she expressed that she liked the detached 291 townhome option, but she is not sure how the other Council members felt since that was discussed at 292 the work session after she left. She stated if the others do not agree on the detached townhomes she 293 would opt for the twinhomes. She indicated she felt the detached townhomes provided the best buffer 294 from one neighborhood to another, since the homes across the street are mostly split-levels. She has 295 seen very nice detached townhomes in Blaine, and would prefer that option. 296 297 Mayor Bergeson stated there were only three Council members at the work session when this was 298 discussed, and the preference was for twin homes or three -unit structures. 299 300 Councilmember Carlson stated her original preference was for detached townhomes, but with twelve 301 units the yards are very small. She indicated her choice would also be twinhomes. She noted all of 302 the units are the same size, regardless of the number of units, so what they would gain is visual space 303 between structures. 304 305 Councilmember Reinert stated he hopes this project does not pass, but if it does his preference would 306 be twinhomes. He asked if he was correct in his assumption that currently there is an F rating at the 307 intersection. City Planner Smyser responded that currently one of the turn lanes is rated an F. 308 Councilmember Reinert asked what the rating would be if this project was approved. City Planner W309 Smyser indicated they do not have a final determination, but Staff feels with improvements that 310 would be financed partially by this development, the intersection should function normally. 311 312 Councilmember Reinert indicated they did not know what the rating would be after this development, 313 and the City has two other developments going in that would affect traffic at this intersection. He 314 thinks they should have more answers before putting in a medium density project in this location. 315 316 Councilmember Dahl asked if the zoning remained R-1, what the density could be. City Planner 317 Smyser indicated it is somewhat difficult to say with the configuration of the existing wetlands, but 318 assuming 26 acres of upland, with two to three units per acre, it could be 52 to 78 units. He reminded 319 the Council the City's Comprehensive Plan guides this site for medium density residential, therefore, 320 unless the City were to change the Comprehensive Plan, they would be violating State law if they 321 approved anything other than medium density residential. 322 323 Councilmember Dahl questioned why they would be violating State law when they have yet to zone 324 this R-3. City Planner Smyser indicated single-family residential would not comply with the 325 Comprehensive Plan. 326 327 City Attorney Hawkins offered his opinion that City Planner Smyser is correct. He stated State law 328 dictates that approved projects must be consistent with the Comprehensive Plan, or a Comprehensive 329 Plan Amendment must be applied for through the required process. 330 • 7 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 331 Councilmember Dahl commented that Bruggeman is not proposing anything that is not allowed for •332 this site. Councilmember Reinert asked City Planner Smyser to go down the list of substandard items 333 to remind the City Council of the concessions being requested in this substandard development. 334 335 City Planner Smyser stated the proposed plan appears to be consistent with the City requirements for 336 land use, infrastructure, utilities, etc. He indicated concerning traffic, a certain level of service needs 337 to be met. He advised the intersection at Birch Street and Hodgson Road was rated an F during 338 afternoon traffic, and a study has not been done to determine what the level would be after 339 improvements. He indicated they do show, on page 11 of the report, the afternoon peak additional 340 traffic generated. He stated Staff was comfortable that the number of cars would not be a problem 341 with the new turn lanes and traffic lights. 342 343 Councilmember Reinert noted the proposed project has substandard setbacks, the size of the garages 344 are substandard and the percentage of brick or stone fascia is substandard. City Planner Smyser 345 agreed the developer requested leniency on those three items because they are providing more open 346 space under the PUD provisions. He stated they are requesting a PUD because that allows the City to 347 grant them leniency on some development areas. 348 349 Councilmember Reinert commented the City goes through a lot of time setting standards because that 350 is what the citizens want to see, especially in residential areas. He does not know why they would 351 agree to go below those standards. 352 353 Mayor Bergeson stated one item of discussion at the work session was on garage sizes, and even .354 though the proposed garages do not meet the new requirements, they are bigger than garages in other 355 developments along Lake Drive. Councilmember Reinert indicated those new requirements were set 356 to upgrade the standards from where they were. He sees this as sliding back. 357 358 Councilmember Dahl asked what or how the developer could get the garages up to ordinance. She 359 questioned if they would need to decrease density. City Planner Smyser stated without being the 360 designer of the townhomes it is hard to say, but one option discussed was extending the fronts of the 361 garages out to add the necessary 90 feet. He noted that would create a `snout house' effect, where the 362 garage would be the closest to the street and the most visible. He stated the developer did not want to 363 do that. He indicated the other option would be to redesign the building from scratch; with eight unit 364 buildings it is hard to increase the garage size without going with a completely different product. 365 366 Councilmember Dahl questioned the comment on page eight of the report which says some of the 367 driveways will be shared. She does not remember any other developments where they have allowed 368 shared driveways, and does remember one that wanted shared driveways, but the Council did not 369 allow it. City Planner Smyser indicated they are shared because the garages are next to each other, 370 which is not unusual in townhouses. Councilmember Dahl stated she was thinking of a different type 371 of shared use. 372 373 Councilmember Dahl indicated Councilmember Reinert was unable to attend the work session and 374 has expressed that he has concerns with this project. She asked what it would take for him to change 375 his mind and approve it. Councilmember Reinert indicated he does not think there is anything that 376 could be worked out this evening. He stated he has been clear about his problems with this ift377 development from the start, and has not seen any movement toward changes. 11,78 8 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 379 Mayor Bergeson asked City Planner Smyser to further review the commercial portion of the project. •380 City Planner Smyser demonstrated the commercial location on the map, and indicated they were 381 proposing a daycare center. He showed how parking could be expanded, if necessary, and indicated 382 the building is designed to be similar to the design of the townhomes. He explained the landscape 383 plan and proposed screening. 384 385 Councilmember Dahl questioned the rezoning request from R-3 to LB. She had thought they were 386 going to rezone to neighborhood business. She expressed that her main concern is that LB allows 387 liquor sales, both on and off sale; motor fuel sales; restaurants; and drive-thru windows. She 388 indicated those are different uses than neighborhood business. She noted Bruggeman is aware the 389 City does not want anymore gas stations, but she is concerned about the liquor sales, as they already 390 have several around the city. She added drive-thru facilities with provisions is also a concern. 391 392 City Planner Smyser advised they have a list of acceptable uses in each commercial district. He 393 stated General Business has the most intense uses, which the Council decided long ago not to put 394 here. He further stated when deciding what district to have, they looked at what is allowed and what 395 is not allowed. He explained that in LB, liquor sales are allowed, however there is a liquor store 396 across the street and he has never seen a commercial situation where competing liquor stores can 397 survive. He stated in LB residential extended care facilities are allowed, including nursing homes, 398 however the site is not large enough for this. He indicated service businesses, off-site is allowed, 399 which would be services that are provided at the customer's location. He believes this needs to be 400 considered because he thinks it could work for a catering business or something else that is made 401 there and delivered off-site. He further advised LB allows accessory drive-thru windows, however as ift402 the building is constructed there would be nowhere for a drive-thru window, since there is only one 403 access point to the property. 404 405 City Planner Smyser advised motor fuel stations are allowed, but again the site is not condusive to a 406 gas station with only one driveway. In addition, the Lino Lakes City Council has the ability to grant 407 or deny a conditional use permit, which would be required for a gas station. He stated LB allows for 408 a private specialty school such as a music or dance school, which he believes would be a nice amenity 409 for the area. He explained if they rezoned the property to neighborhood business a lot of things that 410 would be good for the area could not be placed there. 411 412 Councilmember Dahl indicated liquor sales was the one that bothered her. She stated it may not go in 413 now but it could in a few years, and that is her concern. She commented once you rezone property it 414 is hard to go back. 415 416 Councilmember Reinert indicated City Planner Smyser mentioned the site is not conducive to a motor 417 fuel station, but asked if the City required two entrances for a motor fuel station. City Planner 418 Smyser stated he does not think the code specifically says you have to have two entrances, but 419 believes it would be more of a business sense that a station would not work on this site. He advised 420 not only is there only one access, but that access is a right in, right out only. 421 422 Councilmember Reinert stated foolish as it may be, if someone wanted to come in and request a 423 conditional use permit that met the criteria, they could. City Planner Smyser agreed it was 424 theoretically possible. •425 9 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 426 Councilmember Carlson questioned if the plat was approved before this was rezoned to LB, would ,427 the building be built as shown, as a one-story structure. City Planner Smyser stated they can only 428 build what has been approved. He indicated the site plan review is administrative, but they have 429 provided all of the information on what they are proposing and it is being reviewed. Councilmember 430 Carlson noted another City Council could change that, but she believes the developer has been willing 431 to work with the City and wants to move this along. 432 433 i. Consider FIRST READING, Ordinance No. 19-03, Rezoning from R-3 to LB 434 435 Councilmember O'Donnell moved to approve the FIRST READING of Ordiance No. 19-03 436 amending the zoning ordinance of the City of Lino Lakes by rezoning certain real estate from R-3, 437 Medium Density Residential to LB, Limited Business for the Miller's Crossroads Development. 438 Councilmember Carlson seconded the motion. 439 440 Councilmember Carlson indicated originally the Comprehensive Plan showed this area as being 441 guided for half commercial and half residential. She indicated when the City said no other service 442 stations could go here because there was one on the other corner, Bruggeman asked the City for a 443 change to more residential than commercial. She stated she is convinced they will build the 444 commercial building as they have shown. She indicated the other question is on the level of service of 445 the road, and noted she would not approve without an improvement to the level of service, and she 446 believes the proposed improvements will accomplish that. 447 448 Councilmember O'Donnell voted yea. Councilmember Carlson voted yea. Councilmember Dahl voted yea. Councilmember Reinert voted nay. Mayor Bergeson voted yea. •449 450 451 Motion carried. 452 453 ii. Consideration of FIRST READING, Ordinance No. 20-03, Rezoning from R-1 454 and R-3 to R-3 PUD 455 456 Councilmember Carlson moved to approve the FIRST READING of Ordinance No. 20-03 amending 457 the zoning ordinance of the City of Lino Lakes by rezoning certain real estate from R-1, Single 458 Family Residential and R-3, Medium Density Residential to R-3 Urban Residential Planned Unit 459 Development (PUD) for the Miller's Crossroads Development. Councilmember O'Donnell seconded 460 the motion. 461 462 Councilmember Carlson indicated when she was on the Planning and Zoning Board, at the first 463 training session she attended concerning following the City's ordinances, the trainer said if an invited 464 guest comes to the wedding properly dressed, they need to be admitted. She stated she has always 465 remembered that analogy. She noted this project does meet the requirements, and the two points that 466 do not are off -set by the additional open space. She indicated because it meets the ordinance 467 requirements and the developer has worked with the City to get the project to this point, she will vote 468 yes. 469 470 Mayor Bergeson commented the PUD process is a give and take. He stated everyone has their own 471 opinion on how much should be given and how much taken by each side, but the recommendation of jik472 Staff is that this meets the PUD requirements. W473 10 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 474 Councilmember Reinert stated that using Councilmember Carlson's analogy, he has higher standards 41)475 for his guests. He stated they are rezoning in this motion, not voting on the plat, but with this 476 substandard development with its substandard garages and substandard fascia and substandard 477 setbacks, and with not having studies on the traffic and additional developments in Stoneybrook and 478 others, he believes 152 units is a bad move. He indicated they will end up with temporary street 479 lights and a makeshift situation, and he is completely against the project. He believes it is a big 480 mistake. 481 482 Councilmember Carlson noted the Planning and Zoning Board and the Environmental Board both 483 passed the project, and she has not heard any talk about subsidized housing or affordable housing, so 484 while everyone has their own standards, she does not think the project will be shabby. 485 486 Councilmember Dahl indicated she has struggled with this also, and feels both Councilmember 487 Carlson and Councilmember Reinert have good arguments, so she is still struggling now. She 488 appreciates the fact that whether her fellow Council members are in the minority or not they stand up 489 for what they believe in. 490 491 Councilmember Reinert expressed that the developers have not really cared about the density 492 discussions; they are here to put up as many cheap houses as they can and move on. 493 494 Councilmember Dahl stated she appreciates that the developer called her and asked her opinion, and 495 she will give them credit for that. She indicated even if there were only two City Councilmembers to 496 give suggestions on the plat, she believes they have tried to work with the City and are doing this ift497 project according to the Comprehensive Plan. W498 499 Councilmember Carlson voted yea. Councilmember O'Donnell voted yea. Councilmember Dahl 500 voted nay. Councilmember Reinert voted nay. Mayor Bergeson voted yea. 501 502 Motion carried unanimously. 503 504 iii. Consideration of Resolution No. 03-142, Preliminary Plat/PUD Development Plan 505 506 City Planner Smyser reviewed the Staff report, indicating condition #4 should read as in the amended 507 memo, not the language in the resolution. He noted an additional change should be made to the 508 phasing plan, with 50 units under phase three rather than 51 units. He stated as to the units on Ware 509 Road, the developer would prefer the three -unit structures, but would be willing to go with twin 510 homes if the Council prefers. 511 512 Councilmember Carlson moved to adopt Resolution No. 03-142 approving a preliminary plat / 513 planned unit development plan for Miller's Crossroads with the following conditions: 514 515 1. Developer must construct or participate in the improvements to Ware Road, Birch Street, and 516 Hodgson Road, as appropriate, including traffic signals at Birch and Hodgson intersection. 517 Specific costs and participation shall be determined prior to City Council review of a final 518 plat. 519 2. It must be verified that the proposed right-of-way dedications are adequate to accommodate 520 the ultimate SCAH 49 roadway improvements prior to City Council approval. 11 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 521 3. It must be verified that the proposed stormwater ponds will accommodate the ultimate CSAH 1,22 49 roadway improvements prior to City Council review of a final plat. 523 4. Park dedication shall be calculated at $1665 per dwelling unit with credit for the cost of 524 sidewalks/trails along the roadways. These trails shall be constructed by the developer. The 525 central common area shall be maintained as private open space. 526 5. Additional landscaping/screening shall be added to the commercial site along Hodgson Road 527 as indicated on the 8/27/03 landscape plan. 528 6. Singage for the commercial site shall comply with the Miller's Crossroads Sign Plan, received 529 August 28, 2003, including an EIFS sign band. The location of the commercial monument 530 sign shall be reviewed with a sign permit application. All signs require a sign permit. The 531 residential association by laws must address ownership and maintenance of the community 532 monument signs and sign landscaping. 533 7. Exterior lighting fixtures must be 90 degree cutoff fixtures: this shall be verified prior to City 534 Council review of a final plat. 535 8. Issues discussed in the July 24, 2003 TKDA memo must be addressed to the satisfaction of 536 the City Engineer. 537 9. Masonry shall be included on all elevations of the residential structures, as indicated on the 538 8/27/03 revised building elevations. 539 10. Lighting fixtures on the commercial site shall have a 90 degree cutoff angle. 540 11. Homeowners' association by laws must be reviewed by the City Attorney prior to final plat 541 consideration. The by laws must include a funding mechanism to ensure that any private 542 recreation facility for which the City granted a credit toward park dedication is maintained as 543 a recreation facility. The by laws also must address ownership and maintenance of the 44 community monument signs and sign landscaping. 45 12. Right of entry shall be dedicated to Anoka County along Hodgson Road and Birch Street on 546 the final plat. 547 13. This resolution shall not be effective until the rezoning approved by Ordinances 19-03 and 20- 548 03 are in effect. 549 14. The project's 151 residential units shall be developed in accordance with the following 550 phasing plan: 551 552 553 554 555 556 557 558 559 560 561 562 563 16. The units along Ware Road will be two -unit twinhomes. *64 Year 2003 2004 2005 2006 Number of units to be final platted 22 47 51 32 Blocks (on preliminary plat) 1, 6, 11, 26 2 — 5, 7 —10 13 — 22 23, 24, 25, 27 15. This approval is based on the following plans and information, and supporting documentation: Preliminary plat, revision date 7/1/03 Proposed grading plan, revision date 7/1/03 Proposed utility plan, revision date 6/23/03 Yield plan, revision date 6/23/03 Landscaping plan, revised 8/27/03 Site plan, commercial lot, 6/9/03 Building elevations, revised, 8/27/03 Floor plans, received 7/3/03 Photometric plan, 7/9/03 12 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 565 Councilmember O'Donnell stated Councilmember Reinert is always very consistent with his view of •566 high and medium density housing, and he appreciates that. He indicated he has a different view. He 567 thinks they need these kind of units in the city. He stated it would be great to have one master plan 568 for the City, but they do not have that. He does not think it is a surprise that this plan comes in at six 569 units per acre, but noted they recently changed it from eight units to six units, so the Council kept this 570 project from being higher density than it is. He believes this type of housing is needed in their City 571 and is guided by the Comprehensive Plan, and hopefully the limited improvements being made to the 572 road will help the traffic service level. 573 574 Councilmember Reinert agreed he is fairly consistent, however when the units are right, and the mix 575 is right, he has voted in favor of them. He stated this development is on a busy intersection, and is 576 substandard in nature, and that is what bothers him. He believes the City is taking the first plan for 577 the property even though it is prime property, and that also bothers him. He thinks medium density 578 housing is inevitable in this location, but he thinks this project is substandard and now the City will 579 be stuck with it. He stated he will always be selective with what he votes for because he thinks they 580 can do better than this. 581 582 Councilmember Carlson stated she will vote for it because she thinks it has been a long process of 583 people working together. She noted many boards have reviewed the plans, and the developer has 584 worked with Staff to get it to where it is; and where it is meets all of the City's ordinances. She 585 indicated she had a similar situation with the earlier business subsidy. She does not necessarily like 586 business subsidies, but when they meet all the requirements she has to consider them. She thinks 587 having different opinions makes them a good City Council. Aft588 W89 Councilmember Dahl reiterated her first choice would be detached townhomes, but since the other 590 City Council members are going with twin homes, she will agree to that as well. She does appreciate 591 the developer working with the City, and will compromise on the twin homes. 592 593 Motion carried 4:1. Councilmember Reinert opposed. 594 595 Resolution No. 03-142 can be found in the City Clerk's office. 596 597 iv. Consideration of Resolution No. 03-143, Conditional Use Permit for Daycare in 598 LB zone 599 600 Councilmember Dahl noted that when she talked to the developer earlier in the day he stated they did 601 not have an agreement in writing with the daycare. She wondered if this action is premature. 602 603 Greg Schenk, representing the developer, stated they do not have a signed commitment, but have an 604 interested party. He noted that favorable action by the Council may help firm up the agreement, but 605 he could not guarantee it would. 606 607 Councilmember Dahl moved to adopt Resolution No. 03-143 approving a conditional use permit for a 608 commercial daycare facility in a limited business zoning district. Councilmember Carlson seconded 609 the motion. 610 ift611 Motion carried unanimously. 12 13 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 613 Resolution No. 03-143 can be found in the City Clerk's office. 0614 615 E. Consideration of Resolution No. 03-155, Calling for Hearing, Modifying Development 616 District No. 1 and Establishing Tax Increment Financing District 1-11, Mary Alice 617 Divine 618 619 Economic Development Assistant Economic Development Assistant Divine summarized the Staff 620 report, indicating the public hearing would be held on November 24, 2003. 621 622 Councilmember Reinert moved to adopt Resolution No. 03-155 calling for public hearing to modify 623 Development District No. 1 and to establish Tax Increment Financing District No. 1-11. 624 Councilmember O'Donnell seconded the motion. 625 626 Motion carried unanimously. 627 628 Resolution No. 03-155 can be found in the City Clerk's office. 629 630 Mayor Bergeson called a short recess at 9:18 p.m. The meeting resumed at 9:25 p.m. 631 632 F. Consideration of FIRST READING of Ordinance No. 21-03, Amending the Lino Lakes 633 Zoning Ordinance relating to Personal Services in the GB District, Jeff Smyser 634 635 City Planner Smyser summarized the Staff report, noting staff recommends approval of the first 636 reading, including an amendment to the definition of personal services. W637 638 Councilmember Dahl asked if beauty salons, electrolysis, and manicurist would include spas. She 639 indicated they are a little different than a regular beauty salon and are popular in some cities. She 640 stated they are basically a beauty salon with more services, such as therapeutic massage, whirlpools, 641 etc. She is also wondering if they can end the language of the definition after massage. 642 643 Mayor Bergeson verified what is showing in the report for the definition is as the ordinance is 644 currently written. City Planner Smyser stated that was correct. He indicated amending the wording is 645 a secondary action, and as for spas, he does not know why they could not add that language also. 646 647 Councilmember Dahl stated it was mentioned they could amend the definition later. She indicated 648 maybe it would be best to table this and go through the list before they change the ordinance. 649 650 City Planner Smyser indicated when they went through this previously, they agreed there would be 651 some businesses that might be possible, but were not specifically listed. He commented as to 652 tattooing and body piercing, it may not be everyone's prefernce, but it is very popular, and piercing 653 ears is considered body piercing. 654 655 Mayor Bergeson asked if they could update the services definitions without going through the 656 ordinance process. City Planner Smyser stated they could. 657 658 Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 21-03 amending .659 the zoning ordinance of the City of Lino Lakes by adding Personal Services as a permitted use in the 14 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 660 GB General Business District and amending the definition of Personal Services. Councilmember 0561 Dahl seconded the motion. 662 663 Motion carried unanimously. 664 665 G. Consideration of Resolution No. 03-156, Accepting Feasibility Report and Calling 666 Hearing on Improvements, 2004-2005 Street Improvement Project, Jim Studenski 667 668 City Engineer Studenski presented the Staff report, indicating Staff recommends approval. 669 670 Councilmember Carlson stated not all the properties on the affected streets are on the assessment list. 671 She indicated it appears some Anoka County properties will not be assessed. City Engineer 672 Studenski indicated that is correct. He stated there are some that do not have street access, or are 673 public properties. 674 675 Mayor Bergeson noted he has property on one of these roads, and asked for a legal opinion on 676 whether he can vote on this subject. City Attorney Hawkins offered that he has had this situation 677 come up in other communities as well. He does not believe it is a conflict of interest. 678 679 Mayor Bergeson stated since this vote is only accepting the report and calling for the hearing he will 680 vote, but when the hearing comes up, he will ask the acting mayor to conduct the hearing. 681 682 Councilmember Dahl moved to adopt Resolution No. 03-156 accepting feasibility report and calling 683 for a public hearing, 2004-2005 Street Improvement Project. Councilmember O'Donnell seconded W84 the motion. 685 686 Councilmember Dahl stated she is on the Charter Commission, and there was discussion a few years 687 ago about Street Improvement projects, at which time they decided to do two years at a time. She 688 indicated this decision was made in part because they thought it would be more cost effective, and 689 they could get more roads done before they became too much in disrepair. She stated in looking at 690 this it tells her it would always save the City money to get the streets in good repair. 691 692 Motion carried unanimously. 693 694 Resolution No. 03-156 can be found in the City Clerk's office. 695 696 H. Consideration of Resolution No. 03-157, Approving Final Payment, Main Street Utility 697 Extension, Jim Studenski 698 699 City Engineer Studenski presented the Staff report, indicating Staff recommends approval of the 700 resolution. 701 702 Councilmember O'Donnell moved to adopt Resolution No. 03-157 approving final payment, Main 703 Street Utility Extension. Councilmember Dahl seconded the motion. 704 705 Councilmember Dahl stated it is nice to see it came in almost $100,000 under the engineer's estimate. Aft706 She indicated it is good to see that once in a while. %07 15 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 708 Motion carried unanimously. • 709 710 Resolution No. 03-157 can be found in the City Clerk's office. 711 712 I. Consideration of Resolution No. 03-158, Accepting Bids and Awarding Contract, 2003 713 Surface Water Management Project, Jim Studenski 714 715 City Engineer Studenski summarized the Staff report, indicating the contractor has advised they can 716 start immediately. He noted this project covers 13 areas in the City for drainage issues. 717 718 Councilmember Carlson moved to adopt Resolution No. 03-158 accepting bids and awarding a 719 construction contract, 2003 Surface Water Management Project. Councilmember Reinert seconded 720 the motion. 721 722 Motion carried unanimously. 723 724 Resolution No. 03-158 can be found in the City Clerk's office. 725 726 J. Consideration of Resolution No. 03-159, Accepting Bids and Awarding Contract, 2003 727 Wear Course Project, Jim Studenski 728 729 City Engineer Studenski summarized the Staff report, stating Staff recommends approval of the 730 resolution. Abk731 W732 Mayor Bergeson asked if the Engineer's estimates were City Engineer Studenski's. City Engineer 733 Studenski replied affirmatively. Mayor Bergeson noted he was doing a very good job. 734 735 Councilmember Dahl moved to adopt Resolution No. 03-159 accepting bids and awarding a 736 construction contract, 2003 Wearing Course Project. Councilmember O'Donnell seconded the 737 motion. 738 739 Motion carried unanimously. 740 741 Resolution No. 03-159 can be found in the City Clerk's office. 742 743 K. Twilight Acres Sanitary Sewer Project, Jim Studenski 744 745 i. Consideration of Resolution No. 03-160, Declaring Costs to be Assessed and 746 Ordering Preparation of Proposed Assessment 747 748 City Engineer Studenski summarized the Staff report, recommending approval. 749 750 Councilmember Carlson questioned item three, which says `...without regard to cash valuation, as 751 provided by law.' 752 753 City Attorney Hawkins offered that in the State law it says you cannot assess based on the value of 754 the property you are assessing. He indicated that language does not pertain to the assessment or the W55 market value increase realized as a result of the assessment. 16 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 756 • 757 Councilmember O'Donnell moved to adopt Resolution No. 03-160 declaring costs to be assessed, and 758 ordering preparation of proposed assessment, Twilight Acres/Twilight Acres 2nd Addition sanitary 759 sewer improvement project. Councilmember Dahl seconded the motion. 760 761 Motion carried unanimously. 762 763 Resolution No. 03-160 can be found in the City Clerk's office. 764 765 ii. Consideration of Resolution No. 03-163, Call for Hearing on Proposed 766 Assessments 767 768 City Engineer Studenski presented the Staff report, indicating Staff recommends approval of the 769 resolution. 770 771 Councilmember Dahl moved to approve Resolution No. 03-163 calling for hearing on proposed 772 assessment, Twilight Acres Sanitary Sewer Project. Councilmember Carlson seconded the motion. 773 774 Mayor Bergeson noted the hearing would be held on October 27, 2003 at 6:30 p.m. 775 776 Motion carried unanimously. 777 778 Resolution No. 03-163 can be found in the City Clerk's office. 779 1780 L. West Shadow Ponds, Jim Studenski 781 782 i. Consideration of Resolution No. 03-162, Declaring Costs to be Assessed and 783 Ordering Preparation of Proposed. Assessment 784 785 City Engineer Studenski summarized the Staff report, noting Staff's recommendation to approve. 786 787 Councilmember Dahl moved to adopt Resolution No. 03-162 declaring cost to be assessed, and 788 ordering preparation of proposed assessment, West Shadow Ponds Project. Councilmember Reinert 789 seconded the motion. 790 791 Councilmember O'Donnell asked why there is a $19,975.00 charge to the City. City Engineer 792 Studenski stated that was for oversizing, putting in a larger trunk and laying the pipe deeper to 793 accommodate future extensions. 794 795 Motion carried unanimously. 796 797 Resolution No. 03-162 can be found in the City Clerk's office. 798 799 ii. Consideration of Resolution No. 03-163, Call for Hearing on Proposed 800 Assessments 801 802 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. He •03 noted the hearing will also be on October 27, 2003. 17 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 804 •805 Councilmember O'Donnell moved to adopt Resolution No. 03-163 calling for hearing on proposed 806 assessment, West Shadow Ponds Project. Councilmember Dahl seconded the motion. 807 808 Motion carried unanimously. 809 810 Resolution No. 03-163 can be found in the City Clerk's office. 811 812 M. Individual Utility Connection Assessments, Jim Studenski 813 814 i. Consideration of Resolution No. 03-164, Declaring Costs to Be Assessed and 815 Ordering Preparation of Proposed Assessment 816 817 City Engineer Studenski presented the Staff report, and noted Staff's recommendation to approve. 818 819 Councilmember Reinert moved to adopt Resolution No. 03-164 declaring cost to be assessed, and 820 ordering preparation of proposed assessment, individual properties which requested connection to 821 City utilities. Councilmember Dahl seconded the motion. 822 823 Motion carried unanimously. 824 825 Resolution No. 03-164 can be found in the City Clerk's office. 826 827 ii. Consideration of Resolution No. 03-165, Call for Hearing on Proposed .28 Assessments 829 830 City Engineer Studenski summarized the Staff report, noting the hearing would be held on October 831 27, 2003. 832 833 Councilmember Carlson moved to adopt Resolution No. 03-165 calling for hearing on proposed 834 assessment, individual properties which requested connection to City utilities. Councilmember 835 O'Donnell seconded the motion. 836 837 Motion carried unanimously. 838 839 Resolution No. 03-165 can be found in the City Clerk's office. 840 841 UNFINISHED BUSINESS 842 843 A. Approval of the August 11, 2003 City Council Minutes (REMOVED) 844 B. Approval of the August 20, 2003 Council Work Session Minutes 845 846 Councilmember Dahl moved to approve the August 20, 2003 Council Work Session minutes. 847 Councilmember Carlson seconded the motion. 848 849 Motion carried unanimously. 850 18 COUNCIL MINUTES SEPTEMBER 22, 2003 APPROVED 851 NEW BUSINESS .52 853 A. Approval of the August 25, 2003 City Council Minutes 854 B. Approval of the September 3, 2003 Council Work Session Minutes 855 C. Approval of the September 8, 2003 City Council Minutes (REMOVED) 856 857 Councilmember O'Donnell noted that changes had been made to the September 8, 2003 minutes, and 858 asked that they be removed until he has a chance to review the changes. 859 860 Councilmember Carlson noted that on the August 25, 2003 minutes she has two changes: 861 > Line 278 should read `...in the Comprehensive Plan it says taxes in future MUSA areas would 862 be higher...' 863 > Line 457 should read `...has no details of the terms of the secondary agreement.' 864 865 Councilmember Carlson moved to approve the minutes shown as A. and B. above. Councilmember 866 O'Donnell seconded the motion. 867 868 Motion carried unanimously. 869 870 COMMUNITY CALENDAR September 23, 2003 THROUGH October 13, 2003: 871 872 A) Wednesday, September 24, 2003, 6:30 p.m., Environmental Board Meeting 413 B) Thursday, October 2, 2003, 7:00 a.m., EDAC Meeting 874 C) Saturday, October 4, 2003, 9:00 a.m. — 3:00 p.m., Recycling Day 875 D) Monday, October 6, 2003, 6:30 p.m., Park Board Meeting 876 E) Wednesday, October 8, 2003, 5:30 pm., Council Work Session 877 F) Wednesday, October 8, 2003, 6:30 p.m., Planning & Zoning Board Meeting 878 G) Thursday, October 9, 2003, Charter Commission Meeting 879 H) Monday, October 13, 2003, 6:30 p.m., City Council Meeting 880 ADJOURN 881 882 There being no further business, Councilmember Dahl moved to adjourn at 10:04 p.m. 883 Councilmember Reinert seconded the motion. 884 885 Motion carried unanimously. 886 887 These minutes were considered and approved at the regular Council Meeting, October 13, 2003. 888 889 •90 19 COUNCIL MINUTES 891 .92 893 Ann Blair, City C 894 895 896 897 898 • • Transcribed by: Karen Whaley TimeSaver Off Site Secretarial, Inc. APPROVED 20 SEPTEMBER 22, 2003