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
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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
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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
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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
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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
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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
•
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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
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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
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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