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HomeMy WebLinkAbout01/12/2004 Council Minutes1 APPROVED 11110 2 3 CITY OF LINO LAKES 4 MINUTES 5 6 7 DATE : January 12, 2004 8 TIME STARTED : 6:37 P.M. 9 TIME ENDED : 8:50 P.M. 10 MEMBERS PRESENT : Councihnembers Carlson, Dahl, Reinert, Stoltz and 11 Mayor Bergeson 12 MEMBERS ABSENT : None 13 14 Staff members present: Acting City Administrator/Director of Administration, Dan Tesch; City 15 Clerk, Ann Blair; Community Development Director, Michael Grochala; City Engineer, Jim 16 Studenski; City Planner, Jeff Smyser (part); Economic Development Assistant, Mary Alice Divine; 17 and City Attorney, Bill Hawkins. 18 19 20 SWEARING IN OF MAYOR JOHN BERGESON AND COUNCILMEMBERS DONNA 21 CARLSON AND DAN STOLTZ 22 23 City Attorney Hawkins gave the Oath of Office to Mayor John Bergeson and Councilmembers Donna 24 Carlson and Dan Stoltz. • 25 26 SETTING THE AGENDA 27 28 Mayor Bergeson noted the following revisions to the agenda: 29 30 • Add Item 5B, Consider Participation with Centennial Fire District to Purchase Command Van 31 • Item 7D has an amended recommendation 32 • Item 7E, Consideration of Resolution No. 04-02, Approving Preliminary Plat, Justin's Preserve, 33 has been removed from the agenda and will come back at a future meeting 34 • Item 9E, Approval of minutes of November 24, 2003 City Administrator Search Process, has been 35 removed from the agenda. 36 37 The agenda was approved as amended. 38 39 CONSENT AGENDA 40 41 Councilmember Dahl moved to approve the Consent Agenda, as submitted. Councilmember Carlson 42 seconded the motion. 43 44 Motion carried unanimously. 45 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 ITEM ACTION 2 3 A. CONSIDERATION OF EXPENDITURES: 4 5 i) January 12, 2004 (Check No. 69975 — 6 70148, $527,378.76) Approved 7 8 ii) Centennial Fire District (Check No. 14050- 9 14081, $13,527.04) Approved 10 11 B. CONSIDERATION OF RESOLUTION NO. 0440, TRAPPER'S BAR AND GRILL — 12 DANCE PERMIT APPLICATION 13 14 C. CONSIDERATION OF RESOLUTION NO. 04-06, AUTHORIZING EXECUTION OF 15 INSPECTION AGREEMENT, TIF DISTRICT NO. 1-11 16 17 OPEN MIKE 18 19 No one was present for Open Mike. 20 21 FINANCE DEPARTMENT REPORT, AL ROLEK 22 23 There was no report. 24 • 25 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 26 27 A. Consider Non -Advisory Board Annual Appointments 28 29 Acting City Administrator / Director of Administration Tesch summarized the Staff report, indicating 30 Staff recommends approval of the non -advisory board annual appointments as presented. He noted 31 that with Number #10, Centennial Fire Steering Committee, Mr. Stoltz is to take that place. 32 33 Councilmember Carlson moved to approve the non -advisory board annual appointments as presented. 34 Councilmember Dahl seconded the motion. 35 36 Motion carried unanimously. 37 38 B. Consider Accepting Resignation of Brad Bluml, Community Service Officer 39 40 Acting City Administrator / Director of Administration Tesch summarized the Staff report, indicating 41 Staff recommends Council accept the resignation of Community Service Officer Bluml. He advised 42 that the search for his replacement has begun. 43 44 Councilmember Reinert moved to accept the resignation of Brad Bluml, Community Service Officer. 45 Councilmember Stoltz seconded the motion. 46 47 Motion carried unanimously. 48 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 410 2 3 A. Consider Adoption of Resolution No. 04-03, Accepting Funding for Police Canine 4 Program 5 6 Acting City Administrator / Director of Administration Tesch summarized the Staff report, indicating 7 Staff recommends adoption of the draft resolution to accept the funds from area businesses for the 8 Police Canine Program. He noted that the list of businesses and their donations can be listed on the 9 City's website, if desired by the Council. 10 11 Mayor Bergeson stated that posting it on the website would be a good idea. The Council concurred. 12 13 Councilmember Carlson moved to adopt Resolution No. 04-03, Accepting Funding for Police Canine 14 Program. Councilmember Dahl seconded the motion. 15 16 Motion carried unanimously. 17 18 Resolution No. 04-03 can be found in the City Clerk's office. 19 20 B. Consider Participation with Centennial Fire District to Purchase Command Van 21 22 Acting City Administrator / Director of Administration Tesch summarized the Staff report, indicating 23 Staff recommends the Council authorize participation with the Centennial Fire District to purchase a 24 command van. He stated the purchase would be funded from the Centennial Firefighters Charitable •25 Gambling funds and the command van would be housed at Centennial Fire Station 2. 26 27 Councilmember Carlson referenced the fifth point, and asked if it should indicate: "available to both 28 agencies and to mutual aid for their mutual aid partners." Acting City Administrator / Director of 29 Administration Tesch stated he would make that correction. 30 31 Councilmember Reinert moved to authorize Staff to participate with the Centennial Fire District to 32 purchase a command van. Councilmember Dahl seconded the motion. 33 34 Motion carried unanimously. 35 36 Mayor Bergeson asked that a picture of the command van be posted at City Hall. 37 38 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 39 40 There was no report. 41 42 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA 43 44 A. Consideration of Resolution No. 04-04, Authorizing Application for Community 45 Development Block Grant, YMCA, Mary Alice Divine 46 • 3 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Economic Development Assistant Divine summarized the Staff report, indicating Staff recommends ip2 the Council adopt the draft resolution and authorize Staff to submit an application for Community 3 Development Block Grant (CDBG) funds for the YMCA. 4 5 Mayor Bergeson asked about competition for these funds. Economic Development Assistant Divine 6 stated Lino Lakes is in a strong position since youth have been underserved in this area. 7 8 Councilmember Carlson moved to adopt Resolution No. 04-04, Authorizing Application for 9 Community Development Block Grant for the YMCA. Councilmember Dahl seconded the motion. 10 11 Motion carried unanimously. 12 13 Resolution No. 04-04 can be found in the City Clerk's office. 14 15 B. Consideration of Resolution No. 04-05, Approving Acceptance of Tax Forfeit Land, 16 Mary Alice Divine 17 18 Economic Development Assistant Divine summarized the Staff report, indicating Staff recommends 19 the Council adopt the draft resolution to accept the tax forfeit properties, which both serve as storm 20 water ponds. 21 22 Councilmember Dahl moved to adopt Resolution No. 04-05, Approving Acceptance of Tax Forfeit 23 Land. Councilmember Stoltz seconded the motion. 24 • 25 Motion carried unanimously. 26 27 Resolution No. 04-05 can be found in the City Clerk's office. 28 29 C. Public Hearing: Consider FIRST READING of Ordinance 01-04, Vacating Drainage 30 and Utility Easements, Mar Don Acres, Jeff Smyser 31 32 City Planner Smyser summarized the Staff report, indicating. Staff recommends the Council hold the 33 public hearing and approve first reading of an ordinance to vacate the drainage and utility easements 34 along lot lines. It was noted these underlying easements are no longer necessary because the Hailey 35 Manor plat includes easements. 36 37 Mayor Bergeson asked if the building pad area on Lot 1 is larger than the other building pads. City 38 Planner Smyser used a plat map to point out the drainage area and explained the non -easement area is 39 larger to accommodate an existing above -ground swimming pool. 40 41 Mayor Bergeson opened the public hearing at 6:57 p.m. There was no one present who wished to 42 speak. 43 44 Councilmember Dahl moved to close the public hearing at 6:59 p.m. Councilmember Carlson 45 seconded the motion. 46 47 Motion carried unanimously. • 48 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Councilmember Dahl moved to approve FIRST READING of Ordinance 01-04, Vacating Drainage 2 and Utility Easements, Mar Don Acres. Councilmember Reinert seconded the motion. 3 4 Councilmember Dahl voted yea. Councilmember Reinert voted yea. Councilmember Carlson voted 5 yea. Councilmember Stoltz voted yea. Mayor Reinert voted yea. 6 7 Motion carried unanimously. 8 9 OPEN MIKE - (continued) 10 11 Cindy Cook, 7131 Whippoorwill Lane, stated that on her last utility bill, there was a vague reference 12 to an increase of $14.89 during the winter months. She stated she talked to City Staff who said 13 "winter months" are defined as six months. Ms. Cook stated it is her understanding that only 262 14 people are impacted by this increase. She asked where this additional money goes. Mayor Bergeson 15 stated it goes to the City's general revenue fund. 16 17 Ms. Cook asked why it is on the Circle Pines utility bill. Mayor Bergeson explained that the 18 Centennial Lakes Utility agreed to pay a franchise fee and in the last year or so, they have decided to 19 pass that cost on to Lino Lakes customers. Prior to that time, they viewed it as a cost of doing 20 business. 21 22 Ms. Cook asked if just 262 people get billed this additional cost and then the money goes to the Lino 23 Lakes general fund. Mayor Bergeson stated that is correct and explained the Circle Pines Gas Utility 24 agreed to pay that franchise fee to do business in Lino Lakes and operate within the City's right -of- • 25 way. 26 27 Ms. Cook stated it is her understanding this may be renegotiated, but no one wants to do that. Mayor 28 Bergeson stated that has been mentioned but no one has agreed to renegotiate at this point. 29 30 Ms. Cook asked if this is like a tax since it is going into the City's general fund. Mayor Bergeson 31 stated that decision was made by the Circle Pines Gas Utility, not by the City of Lino Lakes. 32 33 Ms. Cook stated she finds it is very unfair since it is only 262 Lino Lakes residents paying the fee. 34 Mayor Bergeson stated it is a cost for the utility to do business in Lino Lakes. 35 36 Ms. Cook asked if negotiation will occur since it has been going on since 1986. Mayor Bergeson 37 stated the Circle Pines Gas Utility made the decision several years ago to pass that cost on to their 38 Lino Lakes customers and negotiation may occur. 39 40 Ms. Cook stated it is her understanding that the developer was aware of this as the land was being 41 developed. Mayor Bergeson stated he is unable to answer that question. 42 43 Ms. Cook asked if other new properties will also be charged this fee as they develop. She stated her 44 frustration in having to pay this fee to Centennial and then have it returned to Lino Lakes for use in 45 the general fund for who knows what. She thanked the Mayor and Council for listening to her 46 comments. 47 • 5 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Councilmember Carlson explained that Circle Pines gives Lino Lakes the 7% franchise fee so the •2 charge that Circle Pines has placed on the Lino Lakes customers isn't going into the general fund, the 3 7% franchise fee is. She noted the utility charges the customers in order to recover some additional 4 funding which was not part of the original agreement. 5 6 Mayor Bergeson stated that is a fine point and the City has been told the amounts are about equal. He 7 agreed the Utility pays Lino Lakes 7%. 8 9 Councilmember Carlson asked if the City agreed to cap the agreement so Lino Lakes customers 10 wouldn't be charged as much. But, the Utility wouldn't agree to that. 11 12 Mayor Bergeson stated it is correct that the City offered to cap the agreement if they would not charge 13 the Lino Lakes customers more than other customers. 14 15 D. Consideration of Resolution No. 04-01, Denying Comprehensive Plan Amendment, Jeff 16 Smyser 17 18 Mayor Bergeson noted the revised recommendation of Staff. 19 20 City Planner Smyser advised that the applicant has withdrawn the application for a Conditional Use 21 Permit/Planned Unit Development and Stage Plan application so the Council is only addressing the 22 Comprehensive Plan amendment. 23 24 City Planner Smyser summarized the Staff report, indicating the Planning & Zoning Board and Staff • 25 recommend the Council adopt the revised draft resolution, which would deny the request for a 26 Comprehensive Plan Amendment. 27 28 Mayor Bergeson confirmed with the applicant their intent to withdraw the application for the 29 Conditional Use Permit. 30 31 Ron Fuchs, representing the Hokanson Family Partnership, stated that is correct and submitted a 32 written request to do so. He stated that they have withdrawn the Conditional Use Permit, Planned 33 Unit Development and Development Stage Plan/Preliminary Plat, but are proceeding with the 34 Comprehensive Plan amendment application based upon the merits submitted to the City. 35 36 Mr. Fuchs stated the subject property was initially stubbed into the infrastructure of the Marshan 37 project. He displayed an aerial photograph of the subject site and described the surrounding 38 development with single-family units, back-to-back units, and townhomes to the west, and 39 commercial development to the south. He reviewed the context of how the site was built out, in tiers, 40 with the vast majority being within the Marshan Lake shoreland district. 41 42 Mr. Fuchs stated they are requesting the Comprehensive Plan amendment because they believe there 43 is an error and the current zoning is ideal because of the higher density and commercial zonings in the 44 area. He stated they recently received a rezoning of the four -acre parcel to bring it into compliance, 45 which they feel is in error with the Comprehensive Plan. He stated the balance of the 38 acres is 46 guided for medium density but they have not received application for a rezoning on that property. He 47 stated he finds it interesting that this is being rezoned to bring it into balance but the rest of the • 48 property is not being rezoned. 6 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 el 2 Mr. Fuchs stated that as a result of the new Comprehensive Plan, their property zoning changed from 3 high to medium density. He stated they felt that was an error so they submitted an application for 4 rezoning and believe it meets all the parameters of the Ordinance. He explained that the Marshan first 5 phase allowed up to 14 units for Tier 1, 8.1 units for Tier 2, and 9.4 units for Tier 3, at 14.55 units per 6 acre. He asserted that the City said the overall density is 6.41 acres and he questioned if the 7 Comprehensive Plan said 3-6 units per acre with medium density. The existing Marshan is 6.4 which 8 is clearly high density. Mr. Fuchs explained that in the future, Marshan will be designed to meet the 9 Zoning Ordinance and the rational of the request accommodates the density goals of Code, conforms 10 to all criteria of the Comprehensive Plan, is bounded by higher density to the north, east and west, 11 with commercial to the south, so the proposed change is logical and harmonious to the City's general 12 plan. 13 14 Mr. Fuchs referenced several pages of the Comprehensive Plan where Marshan is and is not included 15 within the Plan. He noted the site utilized existing utilities and parks were dedicated and built as part 16 of this area as well as trails that were built along the roadways and lake. They also stubbed streets for 17 future development and built storm water retention ponds to facilitate the needs of this project. Mr. 18 Fuchs explained that in utilizing the development for densities, the infrastructure was built to 19 accommodate that and does not result in waste of infrastructure of public facilities. He suggested 20 their application will improve the variety of housing choices, the development is not environmentally 21 detrimental, and it utilizes existing infrastructure. In summary, Mr. Fuchs requested the City approve 22 the amendment to the Comprehensive Plan. 23 24 Councilmember Dahl asked if Mr. Hokanson and Mr. Fuchs received the January 9, 2004 • 25 memorandum. City Planner Smyser answered in the affirmative. 26 27 Robert Boler, Vice President of Marshan Lake Townhouse Association, read a prepared statement 28 indicating their Association opposes this property being rezoned to high density for a lot of reasons. 29 He stated their Association is not high density in the way Mr. Fuchs is considering to use their four 30 acres which would be twice the units per acre as they have. Mr. Boler stated on August 13, 2003 this 31 item was before the Planning & Zoning Board and was recommended for denial. The Environmental 32 Board recommended denial on December 3, 2003. He explained that the Planning & Zoning Board 33 recommended denial a second time in August and City Planner Smyser recommends the amendment 34 be denied. Mr. Boler stated the Marshan Lake Townhouse Association respectfully recommends and 35 requests that the City Council deny Mr. Hokanson's proposal. 36 37 Mayor Bergeson asked for a short break in this consideration to recognize the attendance of members 38 of Boy Scout 692 39 40 Councilmember Reinert moved to adopt Resolution No. 04-01, Denying an Application for a 41 Comprehensive Plan Amendment. Councilmember Dahl seconded the motion. 42 43 Councilmember Dahl stated she was not able to respond to people who called her but did make note 44 of the 14 messages she received in the last few days. She stated all were in opposition. 45 46 Councilmember Dahl read one message she received about staying with the Comprehensive Plan and 47 that they are not stacked on top of each other and have a lot of open space. She stated she thinks Mr. • 48 Hokanson gave it to Staff in a way that it would not have a lot of open space. 7 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 2 Councilmember Dahl stated this Council and the Environmental Board support a lot of open space. 3 She stated that each telephone message stated their preference of medium density if it could not be 4 single-family density. She stated one caller, Mary Jo, said she thought there was too much 5 development in the area with all the cars that would be generated from the new development. 6 Councilmember Dahl stated she would not be voting in support of the requested amendment. 7 8 Councilmember Carlson stated she will vote to uphold the Comprehensive Plan that the citizens and 9 Council worked together to pass on a unanimous vote. She stated she does not believe the 10 Comprehensive Plan should be changed to accommodate high density on this site and supports the 11 findings of fact listed in Resolution No. 04-01 12 13 Councilmember Carlson stated when she joined the Planning & Zoning Board before the Council, she 14 attended the Government Training Service and Planning Institute. She read a comment from that 15 Institute related to plans and regulations; plans represent a blueprint and goal, and regulations 16 represent the implementation to reach the goals. She stated that the City's Comprehensive Plan is a 17 core document of any planning effort and the Zoning Ordinance is a tool to implement the 18 Comprehensive Plan so that comes first. 19 20 Councilmember Carlson stated on Wednesday, the Planning & Zoning Board considered an 21 application regarding rezoning from high density to medium density and several statements were 22 made that uphold State law and statutes and the Zoning Ordinance. She stated she would like that 23 document, which was the staff report for that meeting, included in the findings of fact and then read 24 each of them. •25 26 Councilmember Carlson referred to the Planned Unit Development (PUD) and noted that page 2-33 27 of the Zoning Ordinance requires consistency between the PUD and Comprehensive Plan. She 28 referred to a memorandum from City Planner Smyser regarding the amount of right-of-way the 29 County wants along the arterial road, approximately one-quarter acre. She stated that in taking the 30 numbers given, and while it may not be 100% accurate, it says the site is 4.05 acres and taking out 31 another one-quarter acre makes it 3.8 divided by 46 units which equals slightly over the high density 32 amount. 33 34 Councilmember Carlson noted that the issue of water was mentioned in the presentation by the 35 developer. She stated there are issues with problematic water connections of existing homes that 36 needs to be corrected. 37 38 Councilmember Carlson noted this project was denied unanimously by the Environmental Board and 39 the Comprehensive Plan amendment was denied twice, unanimously, by the Planning & Zoning 40 Board. She stated that at the October Council work session, four members of the Council told the 41 applicant that he should be looking at a rezone on this, rather than a Comprehensive Plan amendment 42 and, at the last Planning & Zoning Board meeting, several documents were listed as being worked on 43 in the application but all did come in after the October 22 date. 44 45 Councilmember Carlson stated that on the issue of consistency with the Comprehensive Plan, the 46 Comprehensive Plan was approved by the Metropolitan Council as meeting or exceeding the goals 47 therein. She referred to other townhome projects in Lino Lakes that were approved and that the • 48 Bruggeman property was cited as a reason to consider this one. However, with that project it was 8 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 under six units per acre, there was some negotiation, and part of the site had actually been commercial 40 2 and was brought to residential. 3 4 Councilmember Carlson stated there are no records to support that the City has, and there are none 5 forthcoming from the developer, that the second addition was part of the first addition site. She noted 6 there is an area of a few single-family homes to the south of this site that are zoned single-family and 7 the Comprehensive Plan is consistent with that. 8 9 Motion carried unanimously. 10 11 Mayor Bergeson stated there will be a recommendation at the Planning & Zoning Board meeting on 12 Wednesday. City Planner Smyser stated the Planning & Zoning Board will consider an action to 13 rezone from R-4 high density to R-3 medium density, which would get it into compliance with the 14 Comprehensive Plan. 15 16 City Planner Smyser stated residents called who received the rezoning notice and had some confusion 17 about that request. He restated the rezoning action is initiated by the City to rezone from R-4 to R-3, 18 not the other way around. 19 20 Mayor Bergeson asked when that will be considered by the City Council. City Planner Smyser 21 answered it will be before the City Council on January 26, 2004, assuming the Planning & Zoning 22 Board takes action. 23 24 Resolution No. 04-01 can be found in the City Clerk's office. • 25 26 E. Consideration of Resolution No. 04-02, Approving Preliminary Plat, Justin's Preserve, 27 Jeff Smyser 28 29 This item was removed from the agenda upon adoption. 30 31 F. Consider Motion to Appoint Community Development Staff to Transportation Coalition 32 Work Group, Michael Grochala 33 34 Community Development Director Grochala summarized the Staff report, indicating Staff 35 recommends the Council appoint the Community Development Director, with the City Engineer and 36 City Planner to participate as necessary, to the Transportation Coalition Work Group. 37 38 Councilmember Carlson asked about the governance structure. Community Development Director 39 Grochala stated the governance structure has not been completed and the Work Group would put 40 together a Joint Powers Agreement (JPA) to detail how the group will work. 41 42 Councilmember Carlson stated her concern is more with scope, governance, and cost. She noted this 43 started out with three cities and one goal in mind, to improve Frenchman Road. She stated that was a 44 very positive goal. But now there are 67 issues under consideration and one of the issues causes her a 45 lot of concern. 46 • 9 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Councilmember Carlson stated she is trying to decide how to vote by determining the impact since 2 this is an additional entity. She expressed her concern with the number of entities growing from three 3 to nine and how the decision making will happen. 4 5 Mayor Bergeson stated his opinion is that it is still an action generated by the cities and he views the 6 Counties, MnDOT, and other agencies as resource people in terms of expertise, knowledge, and 7 potential funding some of the projects. He stated it is an initiative generated by the cities and the 8 cities will have to take the lead in terms of the authority of the group. 9 10 Community Development Director Grochala explained that over the past 18 months the group has 11 grown because it was learned there are other players that will be impacted by the roadway systems. 12 All the parties were identified through that process because they had an impact on that specific 13 interchange and the road system that feeds into that interchange. He stated that Councilmember 14 Carlson is correct that the group started with an entity of three but once the other entities were 15 identified, those players were brought in since they will ultimately have a major stake in construction 16 and financing as that road system develops. He explained the group is trying to get a road system that 17 handles all the traffic rather than "putting out fires" in local spots. He stated it is hoped the system 18 will serve the City's needs well into the future. 19 20 Councilmember Carlson stated some other items listed could be in conflict with the Comprehensive 21 Plan and asked what Lino Lakes would do if the group approves an interchange that is in conflict with 22 the Comprehensive Plan. 23 24 Community Development Director Grochala stated an agreement on how the group will function has • 25 not been drafted but Staff will have a say on what happens in Lino Lakes and it is hoped all in the 26 group will work together for a solution that is best for everyone. He stated it is their intent that by 27 going through the work plan, they can demonstrate the need for projects based on reason and need. 28 That may, in turn, lead to revisiting the Comprehensive Plan in terms of transportation and that is not 29 necessarily a bad thing. Community Development Director Grochala stated that it will help to decide 30 what works, what does not work, and what needs to be further investigated. He stated it allows the 31 City to bring in outside partners to share the cost, to plan long-range infrastructure, and create a better 32 product than what's on the table at this point. 33 34 Councilmember Reinert stated that to broaden and bring in more affected entities can only result in a 35 better and more comprehensive transportation plan. But the concern is that the final decision must be 36 left at the City level with elected officials. 37 38 Community Development Director Grochala advised that the I -35E Coalition came up with a plan 39 and generally stayed with that plan. He stated that ultimately land use decisions are the City's 40 responsibility and the Coalition will make recommendations and voice concerns. However, the City 41 maintains the right to go forward with its land use planning and projects. 42 43 Councilmember Reinert stated that voting for the appointment does not forfeit any of the Council's 44 voting rights of approval on transportation decisions that are decided among the group. Community 45 Development Director Grochala stated that is correct. 46 47 Councilmember Reinert stated it would not be a bad idea to add that indication into the motion, that .48 the approval of the appointment of Community Development Staff to the Transportation Coalition 10 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Work Group does not forfeit the rights of the City Council. He stated that additional language would •2 make him feel more comfortable as well. 3 4 Community Development Director Grochala stated he wants to be clear that the Group will gather 5 transportation data and come up with a product to identify the City's needs if the land develops as the 6 Land Use Plan indicates. The other half of the process for the Work Group is to put together the JPA, 7 which will indicate how the cities will work to accomplish that goal. He stated the initial 8 considerations of the Work Group will be how the group functions. 9 10 Councilmember Reinert stated he supports this group but if the JPA waives the Council's right to 11 make the final decision, then it will probably stumble when it is presented before the Lino Lakes City 12 Council. He stated he thinks Staff will meet, discuss what is needed, make a presentation to the 13 Council, and take the Council's feedback to the Group for further consideration. Then it is up to each 14 of those entities to decide what will occur. 15 16 Mayor Bergeson stated it is important to assure Lino Lakes is well represented at the joint quarterly 17 meetings of the Councilmembers from all of the cities. He stated it is also important that the Council 18 set the directive to Staff on each of the issues. Mayor Bergeson stated Staff will do the "nuts and 19 bolts" work to compile information but there will still be meetings of the combined councils on a 20 quarterly basis. 21 22 Councilmember Reinert moved to approve the appointment of Community Development Staff to the 23 Transportation Coalition Work Group, subject to that approval not forfeiting any of the City 24 Council's voting rights or final approvals that may come from the Work Group. Councilmember • 25 Carlson seconded the motion. 26 27 Councilmember Dahl asked if there is potential to expand this group beyond the nine already 28 identified. Community Development Director Grochala stated he thinks the group, as proposed, is 29 the maximum size. However, there may be future meetings with the I -35E Coalition. 30 31 Councilmember Dahl asked if the original three entities are the major players in this Work Group or if 32 all nine entities will share in decision making and cost sharing. Community Development Director 33 Grochala stated they are in for the whole process but the mechanics will need to be worked out as part 34 of the JPA. He explained that Staff's role will be to provide information to the City Council so they 35 can make an informed decision. He advised that the involvement of MnDOT and the Metropolitan 36 Council will be more from an informational standpoint and to offer recommendations. 37 38 Mayor Bergeson stated they started with a concept to outline an area on the map of the 35E corridor 39 and then the idea was to involve those cities and agencies that have jurisdiction within the boundaries 40 of that outlined area to see if they can work on that to the benefit of all. 41 42 Councilmember Dahl stated she is not concerned about others coming in to offer expertise and help to 43 come to a common goal but she does not want Lino Lake to be the lone entity to have to pay for it all. 44 45 Community Development Director Grochala stated the City can decide to do the studies on their own 46 or to involve the other entities and have them share in the cost burden. He stated that will be a good 47 thing for Lino Lakes. • 48 11 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Councilmember Stoltz stated he thinks the Council is complicating the issue and the idea of the 2 coalition and collaborative efforts. He noted that Staff says the City needs to be part of this. He 3 stated it is implied the JPA would come to the Council for a vote so the Council has not lost control. 4 Councilmember Stoltz stated the condition placed in the motion by Councilmember Reinert will 5 cover that concern. He stated this just talks about appointing a representative and trusting them to 6 represent Lino Lakes in that capacity. 7 8 Councilmember Carlson stated she can vote for this because as Councilmember Stoltz said, it 9 appoints representatives of the City to the Work Group and she has no issue on that. She stated 10 Councilmember Reinert's motion makes her feel more secure since it addresses how the governance 11 will not give up local determination and the governance will be addressed in the JPA as well as the 12 scope of what they are doing. She stated she will take a close look at that as it comes forward. 13 14 Councilmember Carlson asked about the cost since, at the beginning, there was no cost with the three 15 entities. She stated with the expanded scope there is a possibility the cost will increase and noted that 16 recently the I -35W Coalition lost two members (Shoreview and Arden Hills). She stated it is good to 17 have the additional entities beyond Lino Lakes as part of this Work Group, but she questions whether 18 they should be making the decisions. 19 20 Councilmember Carlson stated it has been mentioned in discussion about having the City cover the 21 cost of the interchange and then trying to recoup the costs afterwards. She referred to an article about 22 another city paying for $56 million of highway improvements and then using street reconstruction 23 bonds for funding. She stated her concern on cost is not just for the professional engineer (Van 24 Wormer) but also the cost the City could be looking at based on the recommendations of the Work `25 Group. She stated it is not the City's responsibility to fund freeway intersections. 26 27 Mayor Bergeson stated he viewed that same article and received a note from a resident asking why 28 the City is not getting those interchanges done. He noted there are differences of opinion on that 29 issue. 30 31 Councilmember Carlson stated in the Comprehensive Plan we do not have a bridge over I -35E at 32 Birch Street. She noted there was a petition of over 450 people, three being Councilmembers, 33 opposing the expansion of Birch Street including a bridge over I -35E. She stated she wants people to 34 know she has not changed her mind on that issue. 35 36 Mayor Bergeson stated that issue was part of a brainstorming exercise where 60-70 ideas were raised 37 and that was one of them. Then those ideas will be discussed and it will be determined if they should 38 be a priority. He stated that some items were on the list that Hugo and Centerville probably would 39 not support. But that list will be sorted down and the big issues brought forward such as the Main 40 Street crossing and connecting roadways. 41 42 Councilmember Reinert stated that the Birch Street extension across I -35E is one of the 60 -plus items 43 on the list and all were placed on the list just to investigate which are reasonable. He stated that he is 44 anxious for it to be investigated because he believes it will be found to be a ridiculous idea. 45 Councilmember Reinert stated he also signed the petition against it and will not vote to support it. He 46 stated if the Birch Street extension is found to be a ridiculous idea then it will come off the list and he 47 does not think it would have a chance of passing. • 48 12 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Councilmember Dahl stated she also signed the petition and will stand by her signature. She stated •2 that Councilmembers Reinert and Carlson are correct in questioning why it was even on the list but if 3 investigated, she believes it will be found it is not correct and taken off the list. 4 5 Motion carried unanimously. 6 7 G. Consideration of Resolution No. 04-07, Authorizing Preparation of Plans and 8 Specifications, Birch Street/Hodgson Road Improvements, Jim Studenski 9 10 City Engineer Studenski summarized the Staff report, indicating Staff recommends the Council adopt 11 the draft ordinance to authorize the preparation of plans and specifications for the Birch 12 Street/Hodgson Road improvements. 13 14 Councilmember Carlson asked if it is 2005 when Anoka County will come forward with the bridge 15 proposal. City Engineer Studenski stated that is correct and City Staff has been working with Anoka 16 County on the bridge proposed for reconstruction. He explained that Anoka County is in the design 17 and planning stage and there is funding for that project. The extensions will be both south and north 18 of the bridge and stop somewhere north of the Birch Street intersection. City Engineer Studenski 19 stated Staff will work with Anoka County to minimize the construction impact and the City plans to 20 have their improvements in that area completed by 2004. 21 22 Councilmember Reinert moved to adopt Resolution No. 04-07, Authorizing Preparation of Plans and 23 Specifications, Birch Street/Hodgson Road Improvements. Councilmember Dahl seconded the 24 motion. • 25 26 Motion carried unanimously. 27 28 Resolution No. 04-07 can be found in the City Clerk's office. 29 30 H. Consideration of Resolution No. 04-08, Authorizing Preparation of Plans and 31 Specifications, Holly Drive Improvements, Jim Studenski 32 33 City Engineer Studenski summarized the Staff report, indicating Staff recommends the Council adopt 34 the draft ordinance to authorize the preparation of plans and specifications for the Holly Drive 35 improvements. 36 37 Councilmember Dahl asked about the 32 -foot roadway and separated trail location. City Engineer 38 Studenski explained it is proposed to go on the east side of Holly Drive. The 32 -foot roadway would 39 have a six-foot boulevard between the street and 8.5 -foot trail. 40 41 Councilmember Carlson asked about extending the utilities. City Engineer Studenski used a map to 42 describe the location of existing utilities and alignment of future utilities for future extension. 43 44 Councilmember Carlson stated the property that abuts Holly Drive is in the Comprehensive Plan and 45 scheduled before 2010. City Engineer Studenski stated that just means it is available. 46 47 Councilmember Carlson asked if they would have to tear up the road if they wanted to extend it. City • 48 Engineer Studenski stated they would not have to. 13 COUNCIL MINUTES JANUARY 12, 2004 APPROVED •2 Councilmember Carlson stated her land does not attach to Holly Drive and asked if she is able to vote 3 on this item. City Attorney Hawkins stated his opinion that Councilmember Carlson has the ability to 4 vote on this Resolution since there is no monetary gain. 5 6 Councilmember Carlson asked about the Municipal Urban Service Area (MUSA). City Engineer 7 Studenski stated they are not extending the utilities a significant distance, just to get out of the 8 roadway. 9 10 Councilmember Carlson stated this appears to be the same way Ware Road was funded except for the 11 $265,000 from the Trapper's Crossing development. She stated this is different from how Elm Street 12 was funded and asked what rationale was used on this funding. City Engineer Studenski stated it is a 13 state aid road and on Elm Street, they were previously assessed. The $265,000 was set aside so they 14 would not be assessed twice. 15 16 Councilmember Carlson asked about the properties that were not assessed and whether there was a lot 17 of low land in this area. City Engineer Studenski stated there is little developable area along this 18 stretch. 19 20 Councilmember Stoltz moved to adopt Resolution No. 04-08, Authorizing Preparation of Plans and 21 Specifications, Holly Drive Improvements. Councilmember Carlson seconded the motion. 22 23 Motion carried unanimously. 24 • 25 Resolution No. 04-08 can be found in the City Clerk's office. 26 27 I. Consideration of Resolution No. 04-09, Declaring Intent to Bond, Reimburse Costs — 28 Birch Street/Hodgson Road Improvements, Holly Drive Improvements, Jim Studenski 29 30 City Engineer Studenski summarized the Staff report, indicating Staff recommends the Council adopt 31 the draft ordinance to declare the intent to bond to reimburse costs for the Birch Street/Hodgson Road 32 improvements and the Holly Drive improvements. 33 34 Councilmember Carlson asked why this is necessary since the funding has been identified. 35 36 Mayor Bergeson stated there is a legal issue if the City gets into a project and incurs a lot of 37 construction costs and then tries to bond. That can cause problems. But, if you make this declaration 38 at the beginning, then any portion that requires bonding is covered but does not obligate the City to 39 bond. 40 41 City Attorney Hawkins explained that a problem occurred when cities bonded for projects built years 42 ago and then investing the money when the rate was low. The IRS now requires an advanced 43 declaration to bond the project. 44 45 Councilmember Reinert moved to adopt Resolution No. 04-09, Declaring Intent to Bond, Reimburse 46 Costs — Birch Street/Hodgson Road Improvements, Holly Drive Improvements. Mayor Bergeson 47 seconded the motion. • 48 14 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Motion carried unanimously. 2 3 Resolution No. 04-09 can be found in the City Clerk's office. 4 5 UNFINISHED BUSINESS 6 7 A. Approval of revised minutes of December 3, 2003 Council Work Session 8 9 Councilmember Carlson noted the following change to the December 3, 2003 minutes: 10 Page 2, Lines 6, 14, and 22 should say `Attorney' not 'City Attorney.' 11 12 Councilmember Stoltz stated his intent to abstain from voting on the approval of minutes since the 13 meetings occurred prior to his being on the Council. 14 15 Councilmember Carlson moved to approve the revised minutes of December 3, 2003 Council Work 16 Session as amended. Councilmember Reinert seconded the motion. 17 18 Motion carried 4-0-1, Councilmember Stoltz abstaining. 19 20 NEW BUSINESS 21 22 A. Approval of minutes of December 8, 2003 City Council Meeting 23 24 Councilmember Carlson noted the following change to the December 8, 2003 minutes: • 25 Page 7, Line 300, should say `...although a watered down version at the stating 26 Councilmembers would follow the advice of the City Attorney. 27 28 Councilmember Dahl moved to approve the minutes of December 8, 2003 City Council Meeting as 29 amended. Councilmember Reinert seconded the motion. 30 31 Motion carried 4-0-1, Councilmember Stoltz abstaining. 32 33 B. Approval of minutes of December 8, 2003 Truth -in -Taxation Hearing 34 35 Councilmember Carlson noted the following change to the December 3, 2003 minutes: 36 Page 1, Line 33, should say `...She indicated she had heard there was a 9 percent valuation 37 increase overall for the' 38 39 Councilmember Dahl moved to approve the minutes of December 8, 2003 Truth -in -Taxation Hearing 40 as amended. Councilmember Reinert seconded the motion. 41 42 Motion carried 4-0-1, Councilmember Stoltz abstaining. 43 44 C. Approval of minutes of December 15, 2003 City Council Meeting 45 46 Mayor Bergeson noted he was not in attendance at the meeting and would abstain from the vote for 47 approval. • 48 15 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Councilmember Dahl moved to approve the minutes of December 15, 2003 City Council Meeting as 2 presented. Councilmember Reinert seconded the motion. 3 4 Motion carried 3-0-2, Mayor Bergeson and Councilmember Stoltz abstaining. 5 6 D. Approval of minutes of October 29, 2003 City Administrator Candidates 7 8 Mayor Bergeson noted that Councilmember Reinert was not in attendance at this meeting and 9 requested that correction to the meeting minutes. 10 11 Councilmember Dahl moved to approve the minutes of October 29, 2003 City Council Meeting. 12 Councilmember Carlson seconded the motion. 13 14 Motion carried 3-0-2, Councilmembers Reinert and Stoltz abstaining. 15 16 E. Approval of minutes of November 24, 2003 City Administrator Search Process 17 18 This item was removed upon adoption of the agenda. 19 20 COMMUNITY CALENDAR JANUARY 13, 2004 THROUGH JANUARY 28, 2004: 21 22 A) Wednesday, January 14, 2004, 6:30 p.m., Planning & Zoning Board Meeting 23 24 B) Monday, January 19, 2004, City Hall Closed in Observance of Martin Luther `25 King Jr. Day 26 27 C) Wednesday, January 21, 2004, 5:30 p.m., Council Work Session 28 D) Monday, January 26, 2004, 6:30 p.m., City Council Meeting 29 30 E) Wednesday, January 28, 2004, 6:30 p.m. (Community Room), Special Planning & 31 Zoning Board Meeting 32 33 ADJOURN 34 35 Mayor Bergeson welcomed Councilmember Stoltz to the City Council. 36 37 There being no further business, Councilmember Reinert moved to adjourn at 8:50 p.m. 38 Councilmember Stoltz seconded the motion. 39 40 Motion carried unanimously. 41 42 These minutes were considered and approved at the regular Council Meeting, 43 February 9, 2004. 44 45 46 • 47 Ann Blair, �ity Clerk John rgeso ' ay•r 16 COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 2 Transcribed by: 3 Carla Wirth 4 TimeSaver Off Site Secretarial, Inc. •