HomeMy WebLinkAbout04/26/2004 Council MinutesAPPROVED
1 CITY OF LINO LAKES
• 2 MINUTES
3
4
5 DATE : April 26, 2004
6 TIME STARTED : 6:35 P.M.
7 TIME ENDED : 9:15 P.M.
8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz, and
9 Mayor Bergeson
10
11 Staff members present: City Administrator, Gordon Heitke; City Clerk, Ann Blair; Community
12 Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser,
13 and City Attorney, William Hawkins.
14
15 OPEN MIKE
16
17 William Friedrichs, dba D&B Home Improvements, requested a solicitor's license to go door-to-door
18 and solicit home improvement services.
19
20 Mayor Bergeson explained that they would be approving the license later in the agenda.
21
22 Megan Granlund explained to the Council her family has lived in Lino Lakes for 120 years and owns
23 about 40 acres on Birch Street. She stated that her sister Mamie, along with husband Jeff, want to
24 build a home on Birch Street and haven't been able to get approval from the City because of the
25 Planning Commission rules and regulations limiting the number of new homes that could be built in
26 2004.
27
28 City Planner Smyser indicated he had sent a letter to Ms. Granlund explaining the growth
29 management policy in Lino Lakes, and that they would not be allowing any more lots to be created in
30 2004.
31
32 There was some discussion had regarding the City's ordinances do not allow more than one house on
33 a single lot.
34
35 Ms. Granlund stated they have two parcels, and the home they want to build is on a separate parcel
36 from the one with the existing home.
37
38 City Planner Smyser stated that is a whole different story, he was not aware that there were two
39 parcels, and he indicated that it may be possible to build the home.
40
41 Mayor Bergeson told Ms. Granlund they would need to meet with the City Planner to discuss the
42 matter further.
43
44 Councilmember Carlson stated that the Council needs to review the Comprehensive Plan in regard to
45 issues such as this.
46
47 SETTING THE AGENDA
• 48
COUNCIL MINUTES APRIL 26, 2004
APPROVED
•1 Mayor Bergeson indicated there is an amended Item 3A.
2
3 The agenda was approved as amended.
4
5 CONSENT AGENDA
6
7 Councilmember Stoltz moved to approve the Consent Agenda, as submitted. Councilmember
8 Carlson seconded the motion.
9
10 Motion carried unanimously.
11
12 ITEM ACTION
13
14 A. CONSIDERATION OF EXPENDITURES:
15
16 i) April 26, 2004 (Check No. 70751 -
17 70858, $449,167.94) Approved
18
19 ii) Centennial Fire District (Check No. 14204 -
20 14222, $83,867.69) Approved
21
22 B. Consider Application for Rice Lake PTO to Conduct Excluded Bingo
23
24 C. Consider Resolution No. 04-48, Approving Solicitor/Peddler's License, D & B
25 Home Improvements.
26
27 FINANCE DEPARTMENT REPORT, AL ROLEK
28
29 There was none.
30
31 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
32
33 A. Consider Approval of Resolution No. 04-52 Approving Transfer of Offsale Liquor
34 License and Issuance of New Tobacco License, LTV and Associates, Inc., d/b/a J & K
35 Liquors, Ann Blair
36
37 City Clerk Blair stated the Council has an amended staff report and Resolution No. 04-52. She stated
38 she received new information on this item this afternoon. She stated the application was received
39 from LTV and Associates, who would like to purchase the J&K Liquor Store, and that would require
40 transfer of an existing Off -Sale Liquor License from the present owner. She stated the application is
41 complete, the fees have all been paid, and an application has also been submitted for a new tobacco
42 license at this location.
43
44 In addition, City Clerk Blair stated that the police department had conducted a background
45 investigation of the application, and reported that there was no reason to deny the application.
46
•
2
COUNCIL MINUTES APRIL 26, 2004
APPROVED
1 City Clerk Blair stated in accordance with the City Code, this business requires City approval for
410 2 transfer of an existing Off -Sale Liquor License, and this business qualifies for such transfer of
3 existing license.
4
5 City Clerk Blair explained the language adjustment in the staff report regarding Resolution 04-52
6 regarding the seller will pay the fine on his failure to be in compliance citation prior to the closing of
7 the sale.
8
9 Councilmember Dahl made a motion to adopt Resolution No. 04-52 authorizing the transfer of liquor
10 license and issuance of a new tobacco license for LTV and Associates, Inc., doing business as J & K
11 Liquor, as outlined in the new Staff Report. Councilmember Reinert seconded the motion.
12
13 Motion carried unanimously.
14
15 Resolution No. 04-52 can be found in the City Clerk's office.
16
17 B. Consider 2004-2005 Contract with Local 49
18
19 City Administrator Heitke explained the Contract, in place of Dan Tesch, who was absent from the
20 meeting.
21
22 Councilmember Stoltz made a motion for approval of the 2004-2005 Contract with Local 49.
23 Councilmember Reinert seconded the motion.
1p24
25 Motion carried unanimously.
26
27 C. Consider Appointing Jeff McDowell to the Vadnais Lake Area Water Management
28 Organization.
29
30 City Administrator Heitke explained that there are seven entities that make of the Vadnais Lake Area
31 Water Management Organization, and that one of those entities is the City of Lino Lakes. He stated
32 that within the Joint Powers Agreement, each governmental unit is entitled to appoint one
33 representative to this entity.
34
35 City Administrator Heitke announced that Mr. Rocky Keen, who had been representing the City of
36 Lino Lakes for some time, had stated he was not interested in serving on the board any longer. He
37 stated the City advertised for a replacement and had received one application, from Mr. Jeff
38 McDowell, of Lino Lakes. He indicated staff is recommending appointment of Mr. McDowell to the
39 Water Management Organization.
40
41 Jeff McDowell stated he was looking forward to serving the City of Lino Lakes in that capacity.
42 Councilmember Reinert made a motion to approve appointing Jeff McDowell to the Vadnais Lake
43 Area Water Management Organization. Councilmember Dahl seconded the motion.
44
45 Motion carried unanimously.
46
47 Councilmember Carlson suggested the City Staff should send a letter of thanks to Rocky Keen for his
48 service on the Board.
3
COUNCIL MINUTES APRIL 26, 2004
APPROVED
1
• 2 Mayor Bergeson asked City Staff to prepare such a letter.
3
4 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
5
6 There was none.
7
8 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
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10 There was none.
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12 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA
13
14 A. Public Hearing, Consider 1st Reading of Ordinance 03-04, Vacating Drainage and Utility
15 Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, Jim
16 Studenski (Continue Public Hearing to May 10, 2004 City Council Meeting)
17
18 Mayor Bergeson opened the public hearing at7:15 p.m., and stated it is the recommendation of staff
19 that the public hearing be continued to the May 10th meeting.
20
21 Councilmember Dahl moved to continue the public hearing to the May 10th City Council meeting.
22 Councilmember Stoltz seconded the motion.
23
24 Motion carried unanimously.
IFF 25
26 B. Century Farm North, Jeff Smyser
27 i. Consideration of Resolution No. 04-43, Approval Final Plat, Century Farm North
28 2nd Addition, Jeff Smyser
29
30 City Planner Smyser indicated the preliminary plat for Century Farm was approved by the City
31 Council in April of 2003. He stated the final plat for the 1st Addition was approved in July of 2003.
32 He stated the final plat for the 2"d Addition substantially conforms to the approved preliminary plat.
33
34 City Planner Smyser stated title commitment has been approved by the City Attorney, along with the
35 association declarations and the partial release of the power line easement that runs across the
36 property. He also stated a development contract has been prepared, which is the next agenda item.
37
38 City Planner Smyser stated the original approval included specific height restrictions to protect air
39 space for the private air park. He stated the applicant is requesting revisions to these, and the revised
40 building height plan includes 7:1 "transitional surface" on the sides of the runway and a 20:1
41 "approach surface" off the end of the runway. He stated the proposed new restrictions were discussed
42 with MnDOT Aeronautics, and that the new restrictions are more complete and more in line with
43 MnDOT recommendations.
44
45 City Planner Smyser stated the Planning and Zoning Board recommended approval of the final plat at
46 their March 10th meeting, and that City Staff is recommending approval of Resolution 04-43, which
•47 approves the final plat for Century Farm North 2"d Addition, including the revision of the conditions
48 regarding the height restrictions.
4
COUNCIL MINUTES APRIL 26, 2004
APPROVED
2 Councilmember Carlson asked for an explanation regarding the power line easement.
3
4 City Planner Smyser stated that the power line company has stated that the trail is an acceptable use
5 under the power line easement.
6
7 Councilmember Reinert made a motion to adopt Resolution 04-43, Approving Final Plat, Century
8 Farm North 2"d Addition, and Amending Height Restrictions Adopted with Resolution 03-60.
9 Councilmember Stoltz seconded the motion.
10
11 Councilmember Carlson stated she did have some concerns about the power line easement and that
12 she was dissatisfied with the park dedication. She stated she had made a telephone call to the County,
13 and that she had determined a per acre value of $8,109.18 for the park land.
14
15 Councilmember Reinert stated he wanted to commend staff in putting the project together and that he
16 thought it was a win-win situation for the City.
17
18 There was further discussion of the park land value by the Council.
19
20 City Attorney Hawkins stated he felt his figure of $50,000 per acre was a reasonable number based on
21 his experience with the community.
22
23 Mayor Bergeson stated in his opinion City Staff had done a good job of negotiating on the park land
24 dedication. He also stated they pay the City Attorney to give his legal opinions, and that they needed
25 to follow those.
26
27 The motion carried, with a vote of 3-2. Reinert, Stoltz & Bergeson voted aye. Carlson and Dahl
28 voted nay.
29
30 Resolution No. 04-43 can be found in the City Clerk's office.
31
32 ii. Consideration of Resolution No. 04-47, Approving Development Contract
33 Century Farm North 2"d Addition, Jim Studenski
34
35 City Engineer Studenski stated that the Development Contract has the same format used for the first
36 phase for Century Farms, and that Attachments A and B at the end of the agreement address the
37 project specifically to cover all the costs that the developer will incur. He stated they had set up
38 escrow accounts from which the City will draw against for any expenditures by the City as the
39 process goes on.
40
41 City Engineer Studenski stated the developer had put together a Letter of Credit for $1,037,500.00,
42 representing 150 percent of the development improvement costs, and a Letter of Credit in the amount
43 of $88,150.00 representing 35 percent of the City improvement costs to insure completion of the
44 project in accordance with the approved plans.
45
46 City Engineer Studenski stated it was Staff's recommendation to the Council to authorize execution
i47 of the Development Agreement and continue on with the process.
48
5
COUNCIL MINUTES APRIL 26, 2004
APPROVED
1 Councilmember Stoltz made a motion to adopt Resolution 04-47, Resolution Authorizing Execution
• 2 of Development Agreement, Century Farm North 2nd Addition. Councilmember Reinert seconded the
3 motion.
4
5 Councilmember Carlson noted that the park dedication fees are a part of the Development Agreement.
6
7 The motion carried, with a vote of 3-2. Reinert, Stoltz and Bergeson voted aye. Carlson and Dahl
8 voted nay.
9
10 Resolution No. 04-47 can be found in the City Clerk's office.
11
12 C. Consideration of Resolution No. 04-50, Approving Variance from Lot Area, Lot Width
13 and Road Frontage Requirements, St. Paul Regional Water Services, Jeff Smyser
14
15 City Planner Smyser stated that St. Paul Regional Water Services owns numerous pieces of property
16 on and near lakes in Lino Lakes and Centerville, and that one of those parcels includes the dam
17 between Peltier Lake and George Watch Lake. He stated St. Paul Water wishes to divide this parcel,
18 keep the part with the dam, and sell the rest to Anoka County to include in the regional park. He
19 stated that because the parcel has no frontage and is shaped very oddly, several variances are needed.
20 He also stated that no development will occur on the site.
21
22 City Planner Smyser stated the Planning and Zoning Commission recommended approval of the
23 variances, and that City Staff also recommend approval of Resolution 04-50.
24
25 Councilmember Dahl made a motion to adopt Resolution No. 04-50, Approving Variance from Lot
26 Area, Lot Width and Road Frontage Requirements, and for the St. Paul Regional Water Services, as
27 outlined in the staff report. Councilmember Stoltz seconded the motion.
28
29 Motion carried unanimously.
30
31
32 Resolution No. 04-50 can be found in the City Clerk's office.
33
34 D. Consideration of Resolution No. 04-51, Denying Variance from Lot Area and Lot Width
35 Requirements, Martha Houle and John DeHaven (1612 Birch St.), Jeff Smyser
36
37 City Planner Smyser indicated there was an error in the Staff Report, and that the Planning and
38 Zoning Commission had actually recommended denial of the variances, not approval.
39
40 City Planner Smyser stated Martha Houle and John DeHaven have submitted a request for variances
41 from requirements for minimum lot area and lot width. Their property at 1612 Birch St. comprises 15
42 acres. They wish to divide the property into two parcels. This would be a minor subdivision and
43 does not require public review; it is done administratively. However, the subdivision proposal does
44 not meet lot dimension requirements. The property owners have requested the variances from those
45 requirements.
46
47 City Planner Smyser stated the site is in a stage 2 growth area, which is intended for development
• 48 after year 2010. The site is not in the current MUSA, and the site is zoned Rural. In the Rural zoning
6
COUNCIL MINUTES APRIL 26, 2004
APPROVED
1 district the following requirements apply: the minimum lot area (unsewered lot) is 10 acres; the
• 2 minimum lot width is 330 feet.
3
4 City Planner Smyser stated the intent of the staged growth area is to guide land for future
5 development, but to prevent it from being subdivided so as to interfere with future development. He
6 stated the comprehensive plan and the zoning ordinance require the ten acres for rural areas. He
7 stated a rural clustering alternative is offered for areas outside of the staged growth areas, but it
8 specifically prohibited within staged growth areas. The other Rural zone option, a one -acre lot,
9 applies only where a habitable single family home existed prior to 1992. The building permit for the
10 existing house was issued in 1998.
11
12 City Planner Smyser stated the property was 40 acres at that time. In 2000, the City Council
13 approved a minor subdivision to split the 40 acres into the present two parcels of 15 and 25 acres.
14
15 City Planner Smyser stated that City Staff is recommending approval of Resolution 04-51, denying
16 the variances.
17
18 Councilmember Carlson asked what the vote was at the Planning and Zoning Commission.
19
20 City Planner Smyser indicated it was unanimous.
21
22 The Council discussed this item.
23
24 Councilmember Reinert made a motion to adopt Resolution 04-51, Denying Variances from Lot Area
25 and Lot Width Requirements for 1612 Birch St. Mayor Bergeson seconded the motion.
26
27 Motion carried unanimously.
28
29 Resolution No. 04-51 can be found in the City Clerk's office.
30
31 E. Consideration of Resolution No. 04-49, Approving Lake Drive/I-35W Interchange Study,
32 Michael Grochala
33
34 Community Development Director Grochala stated this is a request to enter into an agreement with
35 Short, Elliott, Hendrickson, Inc. to perform an interchange study on the Lake Drive/I-35W
36 interchange. He stated the project will entail determining lane configurations and geometry for the
37 ultimate bridge going over I-35 and define the width requirements, construction staging concepts for
38 the bridge, as well as investigating options to widen the existing bridge.
39
40 Community Development Director Grochala stated they had forwarded a request to Anoka County for
41 their consideration to participate in the study with Lino Lakes. He stated that while they have not had
42 the opportunity to formally respond, it is likely that they will provide, at a minimum, some credit
43 towards future project development.
44
45 Community Development Director Grochala stated the City Staff is recommending approval of
46 Resolution No. 04-49.
47
• 48 Councilmember Carlson asked how much money they are authorizing.
7
COUNCIL MINUTES APRIL 26, 2004
APPROVED
1
. 2 Community Development Director Grochala stated they would be authorizing $22,500.
3
4 Councilmember Stoltz made a motion to adopt Resolution No. 04-49, Resolution Authorizing
5 Preparation of Lake Drive/I-35W Interchange Study. Councilmember Carlson seconded the motion.
6
7 Motion carried unanimously.
8
9 Resolution No. 04-49 can be found in the City Clerk's office.
10
11 F. Consideration of Resolution No. 04-53, Approving Comprehensive Water System Plan,
12 Jim Studenski
13
14 City Engineer Studenski stated the City's Comprehensive Water Plan was last prepared in 1991.
15 Since that time, the system has undergone substantial expansion and modification to service both
16 existing and new development. He stated City Staff was ordered by City Council to revise the
17 Comprehensive Water System Plan to more accurately reflect existing conditions as well as identify
18 future system needs. Preparation of the Comprehensive Water System Plan has been completed, and
19 City Staff is requesting Council approval of the Comprehension Water System Plan.
20
21 Mr. Kurt Johnson of TKDA, the City's Engineer, gave a general overview of the Comprehensive
22 Water System Plan.
23
24 Councilmember Dahl made a motion to adopt Resolution 04-53, Approving Comprehensive Water
• 25 System Plan, and the report that was handed to the Council as outlined in the Staff Report.
26 Councilmember Reinert seconded the motion.
27
28 Motion carried unanimously.
29
30 Resolution No. 04-53 can be found in the City Clerk's office.
31
32 UNFINISHED BUSINESS
33
34 There was none.
35
36 NEW BUSINESS
37
38 A) Approval of minutes of April 7, 2004 Council Work Session
39 B) Approval of minutes of April 8, 2004 Joint Meeting with Charter Commission
40 C) Approval of minutes of April 12, 2004 City Council Meeting
41
42 Mayor Bergeson suggested tabling the approval minutes as corrections were still being researched.
43
44 COMMUNITY CALENDAR APRIL 27, 2004 THROUGH May 10, 2004:
45
46 A) Environmental Board Meeting, Wednesday, April 28, 2004, 6:30 p.m.
•
COUNCIL MINUTES APRIL 26, 2004
APPROVED
1 B) Joint Meeting — City Council, Park Board, Planning & Zoning Board,
• 2 Environmental Board and EDAC, Thursday, April 29, 2004, beginning at 6:00
3 p.m.
4
5 C) Park Board Meeting, Monday, May 3, 2004, 6:30 p.m.
6
7 D) Council Work Session, Wednesday, May 5, 2004, 5:30 p.m.
8
9 E) City Council Meeting, Monday May 10, 2004, 6:30 p.m.
10
11 F) Recycling Day, Old City Hall, Saturday, May 1, 9:00 a.m. to 3:00 p.m. -
12
13 ADJOURN
14
15 There being no further business, Councilmember Dahl moved to adjourn at 9:15 p.m. Councilmember
16 Reinert seconded the motion.
17
18 Motion carried unanimously.
19
20 These minutes were considered and approved at the regular Council Meeting, July 12, 2004.
21
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23 ' l
24 Ann Blai ► i ity Clerk Jori Bergen, Mayor
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Transcribed by:
Sheree L. Theobald
TimeSaver Off Site Secretarial, Inc.
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