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HomeMy WebLinkAbout05/24/2004 Council MinutesAPPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : May 24, 2004 6 TIME STARTED : 6:35 P.M. 7 TIME ENDED : 10:35 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, and 9 Stoltz 10 MEMBERS ABSENT : Mayor Bergeson 11 12 Staff members present: City Administrator, Gordon Heitke; City Clerk, Ann Blair; Community 13 Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser, 14 Public Services Director, Rick DeGardner; Environmental Coordinator, Marty Asleson; and City 15 Attorney, Barry Sullivan. 16 17 OPEN MIKE 18 19 No one was present for open mike. 20 21 SETTING THE AGENDA 22 23 Acting Mayor Carlson stated the City Address would need to be removed from the agenda because •24 the Mayor will be unable to attend the City Council meeting. 25 26 Acting Mayor Carlson requested to move Item F on the Consent Agenda to become Item B in the 27 Public Services Department Report. 28 29 The agenda was approved as amended. 30 31 CONSENT AGENDA 32 33 Councilmember Dahl moved to approve the Consent Agenda as amended. Councilmember Reinert 34 seconded the motion. 35 36 Motion carried unanimously. 37 38 ITEM ACTION 39 40 A. Consideration of Expenditures: 41 42 i) May 24, 2004 (Check No. 70973 — 43 71063 in the amount of $205,588.77) Approved 44 45 ii) Centennial Fire District (Check No. 14246 — 46 14270 in the amount of $33,533.69) Approved • 47 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 B. CONSIDER RESOLUTION NO. 04-64, APPROVING • 2 PREMISES PERMIT RENEWAL FOR LINO LAKES 3 LIONS. Approved 4 5 C. CONSIDER RESOLUTION 04-66, APPROVING 6 SOLICITORS LICENSE FOR ASSOCIATION OF 7 COMMUNITY ORGANIZATIONS FOR REFORM 8 NOW (ACORN) Approved 9 10 D. CONSIDER RESOLUTION NO. 04-74 AUTHORIZING 11 EXECUTION OF GRANT AGREEMENT FOR COPS 12 UNIVERSAL HIRING PROGRAM Approved 13 14 E. CONSIDER RESOLUTION NO. 04-75 AUTHORIZING 15 CITY TO ENTER INTO GRANT AGREEMENT WITH 16 THE DEPARTMENT OF PUBLIC SERVICES FOR THE 17 2004 CITIZEN CORPS PROGRAM Approved 18 19 FINANCE DEPARTMENT REPORT, AL ROLEK 20 21 There was none. 22 23 ADMINISTRATION DEPARTMENT REPORT, ANN BLAIR •24 25 A. Consider Resolution No. 04-73, Expressing Support for Blue Heron Days Parade and 26 Authorizing Staff to Work with Festival Organizers 27 28 City Clerk Blair gave an overview of the Blue Heron Days Parade to be held on Saturday, August 21, 29 at approximately 11:00-12:00 a.m. 30 31 Councilmember Stoltz moved to adopt Resolution No. 04-73, Expressing Support for Blue Heron 32 Days Parade and Authorizing Staff to Work with Festival Organizers. Councilmember Dahl 33 seconded the motion. 34 35 Motion carried unanimously. 36 37 Resolution No. 04-73 can be found in the City Clerk's office. 38 39 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 40 41 There was none. 42 43 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 44 45 A. Public Hearing, Consider FIRST READING of Ordinance 14-04, Amending City Code 46 to Include Water Sprinkling Ban, Rick DeGardner. • 47 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 Public Services Director DeGardner stated that Staff is recommending that the City Code be amended 2 to include an odd/even water -sprinkling ban through September 15th. He explained the reasons for 3 the request, including fines that DNR imposes on cities for exceeding their annual water approvals. 4 He stated that the city would be enforcing the water -sprinkling ban with fines, although the City 5 would be primarily educating the public this year regarding the ban. 6 7 Acting Mayor Carlson opened the public hearing at 6:47 p.m. 8 9 There were no public comments. 10 11 Councilmember Dahl moved to close the public hearing. Councilmember Reinert seconded the 12 motion. 13 14 Motion carried unanimously. 15 16 Councilmember Dahl moved to approve the FIRST READING of Ordinance 14-04, Amending City 17 Code to Include Sprinkling Ban, as outlined in the staff report. Councilmember Reinert seconded the 18 motion. 19 20 Councilmember Dahl stated that Lino Lakes is one of the last cities to adopt a water -sprinkling ban, 21 and that she thought it was a good idea to be responsible with water use. 22 23 Councilmember Dahl voted yea; Councilmember Reinert voted yea; Councilmember Stoltz voted •24 yea; Acting Mayor Carlson voted yea. 25 26 Motion carried unanimously. 27 28 B. Consider Resolution No. 04-76 Directing Staff to Prepare and Execute Lease Agreement 29 to Farm Property at Centerville Road and Birch Street 30 31 Public Services Director DeGardner stated he had distributed a memo to the Council on new 32 information that had arisen since the Council Work Session last week. He stated Staff was prepared 33 to proceed as directed at last week's Council Work Session unless the Council chose something 34 different. 35 36 Acting Mayor Carlson requested the City Attorney to give his advice on this subject. 37 38 City Attorney Sullivan stated that as he understood it, the City owns the property and had purchased it 39 some time ago, and that there is a proposal to lease it to someone else. He stated there was a lease 40 back provision to the seller that expired on January 1, 2004 and that currently no one has the right to 41 be on the property except the City. He stated the City certainly has authority to lease it, and it is 42 within the City's discretion to go through a bidding process if they wanted to. 43 44 Acting Mayor Carlson asked if there was anyone in the audience who wished to speak regarding this 45 item. 46 ID47 There was no response. 48 3 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 Councilmember Dahl asked if Mr. DeGardner had talked to Mr. Cardinal before today. • 2 3 Public Services Director DeGardner responded he spoke to him on Thursday morning and had 4 indicated to him that the City Council was directing Staff and the City Attorney to prepare a lease 5 agreement that would be acted upon at the Council meeting this evening. 6 7 Councilmember Dahl asked if they were under any legal obligation to act on that lease. 8 9 City Attorney Sullivan stated the City Council was not legally obligated to sign it as the City Council 10 would have to act in some formal fashion, so that assurances that had been made by some other 11 person would not obligate them. 12 13 Councilmember Stoltz stated the information that they had had at the Work Session had been sketchy, 14 and that what had happened here with the two individuals was unfortunate. He stated it would best 15 serve the City and the two individuals who wished to lease the land to put this out for bid, even 16 though it was late in the season, because that would be the fairest thing to do. 17 18 Councilmember Stoltz moved to authorize staff to issue bids, and bring the bids back to the City 19 Council. Councilmember Reinert seconded the motion for discussion. 20 21 Public Services Director DeGardner stated the bidding process would need to be completed quickly 22 because it was planting season. 23 24 Acting Mayor Carlson suggested passing the Resolution tonight so that the planting season would not 25 be jeopardized. 26 27 City Attorney Sullivan stated that it would probably have to be brought back to the next City Council 28 meeting with the formal authority to accept the bid rather than approving it in advance. 29 30 Public Services Director DeGardner asked whether the successful bidder would have the opportunity 31 to begin farming operations prior to formal approval by the City. 32 33 City Attorney Sullivan stated that nobody would have the right to be out there until the City had 34 given that approval. 35 36 Acting Mayor Carlson suggested holding a special Council meeting after the bids were opened. 37 38 Councilmember Dahl asked whether it would be legally better to do it the way the motion had been 39 made or to redo the motion. 40 41 City Attorney Sullivan stated the motion and the second were to set it up for bids; that there would 42 need to be another motion to have a special meeting to sign a lease agreement with the highest bidder. 43 44 Councilmember Stoltz stated he is willing to make that amendment to the motion as stated by City 45 Attorney Sullivan. 46 47 Acting Mayor Carlson suggested closing the bids at noon on Thursday and having a special Council 48 meeting on Thursday evening. 4 COUNCIL MINUTES MAY 24, 2004 APPROVED • 2 Councilmember Stoltz amended the motion to include closing the bids at noon on Thursday and to 3 have a special meeting to review and award the bid on Thursday at 6:30 at a special meeting. 4 Councilmember Reinert seconded the amendment. 5 6 Public Services Director DeGardner stated it would be a very informal bid process, and certainly if 7 anybody else was interested in farming the land, they should give him a call. 8 9 Motion passed unanimously. 10 11 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA 12 13 A. Consider SECOND READING of Ordinance No. 16-04 Amending Ordinance No. 03-02 14 related to the "No Wake Zone" on Peltier Lake, Marty Asleson 15 16 Environmental Coordinator Asleson stated the Ordinance would require a 3/5ths vote. He gave 17 background information on Ordinance 03-02, which was passed by the City Council on March 25, 18 2002. He stated the purpose of Ordinance 16-04 was to repeal the Sunset Clause in Section 8 of 19 Ordinance 03-02. He stated the purpose of the Sunset Clause had been to allow time for professional 20 evaluation of the ordinance, and for the City of Lino Lakes to review changes to the status of biologic 21 concerns that were presented in the reasons for passing Ordinance 03-02. 22 23 Environmental Coordinator Asleson stated that since the passage of Ordinance 03-02, monitoring of 24 the northern portion of Peltier Lake had seen the return of Great Blue Herons to successful nesting in 25 2003 and 2004. He stated there were over 300 pairs of Great Blue Herons and at least 12 pairs of 26 Great Egrets returned to the island to nest in 2003, and an estimated 350 pairs of nesting birds in 27 2004. 28 29 Environmental Coordinator Asleson stated desirable aquatic vegetation, especially in the northern 30 shallow section of the lake, has returned, and improved water quality had been documented since the 31 establishment of the slow no -wake zone ordinance. 32 33 Environmental Coordinator Asleson stated Staff was recommending the City Council adopt 34 Ordinance No. 16-04. 35 36 Acting Mayor Carlson opened the public hearing at 7:10 p.m. 37 38 Shelly Farmerie, 7425 Altero Drive, stated she enjoys watching the herons and the waterskiers, so she 39 was neutral. She stated she was opposed to the location of the no -wake zone. She gave the Council a 40 handout she had prepared on data collected showing that the no -wake zone did not bring the herons 41 back. 42 43 Rod Kukonen, Chairperson of the Lino Lakes Environmental Board, stated one of their goals for the 44 environment was to have the Sunset Clause removed. 45 46 Henry Farmerie, 17425 Peltier Lake Drive, pointed out coontail is a free-floating plant, so to describe 47 it as uprooted doesn't seem accurate. He stated the Peltier Lake Association had reached a consensus 48 to have the no -wake zone be north of the bog poles. 5 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 • 2 Gerald Lindner, 7413 Peltier Lake Drive, spoke in favor of having the no -wake zone at the bog poles. 3 He stated there are many hypotheses on why the rookery is declining, among which Trout Air closing 4 was one of them. He also stated it was human disturbance to be replacing batteries and film in the 5 video cameras. 6 7 Ron Marier, 1801 77th Street, stated his land encompasses 1,000 feet of lakeshore directly adjacent to 8 the heron rookery. He stated he is for the no -wake zone as it exists today because of the successful 9 nesting of the Great Blue Herons. He stated his neighbors are also in favor of keeping the no -wake 10 zone where it is. 11 12 Bill Stateen, 1687 Peltier Lake Drive, stated he was a 27 -year lake resident. He stated an 13 overwhelming majority of the people who live on the lake are in favor of leaving the no -wake zone 14 where it is. 15 16 Wayne LeBlanc, 1677 Peltier Lake Drive, stated there are very few people on the lake who have not 17 signed the petition to keep the no -wake zone where it is. He stated he had submitted a petition on 18 May 10th with 401 signatures, and he gave the Council another petition with 155 more signatures. He 19 gave the Council letters from many organizations that supported the no -wake zone. 20 21 Dave Blumis, 1567 Peltier Lake Drive, stated a no -wake zone north of the bog poles would be 22 sufficient. 23 24 Shelly Denice, 1667 Peltier Lake Drive, gave the Council an article from the Star News regarding 25 bald eagles. She stated that Trout Air closing could have had an impact on the Great Blue Herons 26 leaving. She suggested not repealing the Sunset Clause until further data could be collected. 27 28 Glenn Fox, 7124 Progress Road, Centerville, stated his background was in biology, and he spoke to 29 the Council regarding water quality and sediments. He asked the Council to leave the no -wake zone 30 where it is. 31 32 Amy Donlin, 6100 Centerville Road, spoke to the Council about protecting the Great Blue Herons 33 and leaving the no -wake zone where it is. 34 35 Marge Jagorgy, 1637 Peltier Lake Drive, stated she was in favor of leaving the no -wake zone where it 36 is. 37 38 Mary Jean Lyle, 1559 Peltier lake Drive, stated she was in favor of leaving the no -wake zone where it 39 is. 40 41 Jeff Perry, a natural resources specialist from Anoka County, provided the Council with some 42 information on the Great Blue Herons numbers and spoke in favor of leaving the no -wake zone where 43 it is. 44 45 Councilmember Reinert asked Mr. Perry if he had any numbers for 2004. 46 47 Mr. Perry responded there were aerial surveys that indicated approximately 350 actual birds had been 48 observed, primarily Great Blue Herons. 6 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 • 2 Councilmember Reinert moved to close the public hearing. Councilmember Stoltz seconded the 3 motion. 4 5 Motion carried unanimously. 6 7 Councilmember Dahl moved to approve SECOND READING of Ordinance No. 16-04, an Ordinance 8 Regulating the Surface Use of Motorized Watercraft on Peltier Lake, Amending Ordinance No. 03-02 9 by Repealing the Sunset Clause of Section 8, as outlined in the Staff Report. Councilmember Reinert 10 seconded the motion. 11 12 Councilmember Dahl stated there is a place on the lake to do both waterskiing and fishing, and that 13 the item has been a very sensitive issue for the Council. She stated she appreciated the comments 14 made by Glenn Fox. 15 16 Councilmember Reinert stated the purpose of the Sunset Clause had been to allow time for 17 professional evaluation of the ordinance and for the City of Lino Lakes to review changes to the 18 status of biological concerns that had been presented as the reason for passing Ordinance 03-02. He 19 stated there were many reasons for the loss of the Great Blue Herons, but he stated he felt the no - 20 wake zone policy has helped to return them. He stated keeping the no -wake zone where it is helps to 21 protect the Great Blue Herons. 22 23 Councilmember Stoltz stated he felt it was important to protect this area and he is in full support of •24 making the no -wake zone permanent. 25 26 Acting Mayor Carlson stated after reviewing all of the information presented she feels keeping the 27 no -wake zone where it is, is the right thing to do. 28 29 Councilmember Dahl voted yea; Councilmember Reinert voted yea; Councilmember Stoltz voted 30 yea; Acting Mayor Carlson voted yea. 31 32 Motion carried unanimously. 33 34 Ordinance No. 16-04 can be found in the City Clerk's office. 35 36 B. Resolution No. 04-57 Approving Final Plat, Justins Preserve, Jeff Smyser 37 38 City Planner Smyser stated the City Council approved the Justins Preserve preliminary plat on March 39 8, 2004, and that applicants are requesting approval of the final plat. He stated the plat conforms to 40 the approved preliminary plat. He stated there is no development agreement needed for this project as 41 there are no public improvements required, and that approval of the final plat will be subject to Lot 1, 42 Block 1 of Justins Preserve shall be connected to the municipal sanitary sewer and water system, and 43 a partial release of the power line easement shall be recorded with the Final Plat. He also stated that 44 title information is pending for the property (lot 3) and shall be subject to review and approval by the 45 City Attorney prior to release of the plat. He stated that all other conditions of the preliminary plat 46 approval have been satisfied. He stated there had been two changes from what had been submitted to 47 the Council, one being the property line description, and another being some additional signatures on 48 the title page. 7 COUNCIL MINUTES MAY 24, 2004 APPROVED • 1 2 City Planner Smyser stated the Planning & Zoning Board had reviewed the request at its May 12, 3 2004 regular meeting, and the board had unanimously recommended approval of the application. 4 He stated that Staff recommends approval of Resolution No. 04-57 5 6 Councilmember Stoltz moved to adopt Resolution No. 04-57, Approving the Final Plat for Justins 7 Preserve, with the correction noted. Councilmember Reinert seconded the motion. 8 9 Motion carried unanimously. 10 11 Resolution No. 04-57 can be found in the City Clerk's office. 12 13 C. Eagle Brook Church, Michael Grochala 14 15 i. Consideration of Resolution No. 04-54 Approving Final Plat, Eagle Brook 16 Addition, Jeff Smyser 17 18 City Planner Smyser stated the City Council had approved the Eagle Brook Addition preliminary plat 19 on March 22, 2004, and that the applicants are requesting approval of the final plat. He stated the plat 20 conforms to the approved preliminary plat. He stated the City Attorney has completed a review of the 21 title commitment. He stated the development agreement has been completed, and all conditions of 22 approval related to the Final Plat have been satisfied. 23 •24 City Planner Smyser indicated the Planning & Zoning Board reviewed the request at its May 12, 2004 25 regular meeting and unanimously recommended approval of the application. He stated Staff is 26 recommending approval of Resolution 04-54 with a correction being made to paragraphs 3 and 4 - 27 where it says Justins Preserve, it should say Eagle Brook Addition. 28 29 Acting Mayor Carlson stated she had spoke to a resident regarding the screening and grading, and she 30 indicated it should be 80 percent between two unlike uses. 31 City Planner Smyser stated the landscaping and grading plans were part of the approval of the 32 preliminary plat, and that whatever that showed, that is what would have to be done. 33 34 Acting Mayor Carlson stated the caller had cited problems with water backup into his yard. 35 36 City Planner Smyser stated the site is designed so that the drainage will go into the storm water 37 collections system, not into the county ditch. 38 39 City Engineer Studenski stated any additional drainage issues based on that site are handled on that 40 site, so there will not be any restriction from the east side of 20th to the west side. 41 42 Scott Anderson from Eagle Brook Church stated there is no 80 percent requirement along 21st, but 43 because of neighborhood concerns they did add quite a bit of screening along 21St anyway. He stated 44 there is a meeting scheduled for Thursday to talk more with the neighbors. 45 46 Acting Mayor Carlson stated she would like to vote for this item, but the screening is giving her a 41 47 concern. 48 8 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 Scott Anderson stated there is no requirement to have any screening along the road and that here is no II, 2 headlight issues along the road. He stated they would be adding to the screening. 3 4 Acting Mayor Carlson asked why there was no 80 percent screening. 5 6 City Planner Smyser stated that the Ordinance does require 80 percent, except on that part of the 7 property considered the front of the property on the street side. He said since the front of the 8 property is 20`h Avenue, the 80 percent requirement doesn't apply, and that it would be on the sides 9 and the rear of the property. 10 11 There was a further discussion regarding screening, and City Planner Smyser stated they will have to 12 plant what was approved on the plat. He stated that the preliminary plat had included the approval of 13 the landscaping plan, and that the final plat is not dealing with those items. He stated this is a big 14 piece of property so you will be able to see beyond the screening. 15 16 Councilmember Dahl asked if screening could be defined for the Council at the next Workshop 17 Session. 18 19 Community Development Director Grochala indicated the grading plan had previously been approved 20 by the Council. He stated a final review would be done to make sure everything was consistent with 21 what had originally been approved. 22 23 Acting Mayor Carlson asked what recourse the neighbors had if there was a dispute between them ilk 24 and the applicant regarding the 80 percent. 25 26 City Planner Smyser stated City Staff and the Rice Creek Watershed District has already reviewed 27 that and found it acceptable, and that the City council had already approved it; that they have to build 28 what was approved. He stated that there were a lot of people who opposed this church, and that they 29 are probably going to continue to call. 30 31 Acting Mayor Carlson asked if there was anyone in the audience wishing to speak. 32 33 Scarlet Rehbein stated she lives across the street from the church, and she would like to see more 34 trees in between them, according to the ordinance. 35 36 Ron Marier, 1801 Sunset Street, asked City Planner Smyser how he could have said a certain area 37 was heavily wooded, when in fact it was open. 38 39 City Planner Smyser stated he did not say that area was wooded and that he was being misquoted. He 40 had said the area to the west of that is wooded. 41 42 Councilmember Reinert stated it doesn't really make much sense to almost have a public hearing 43 about screening when it had already been passed that the screening for the abutting properties would 44 be at 80 percent. 45 46 City Planner Smyser stated the final plat has nothing to do with the landscaping or drainage grading. 47 48 Mr. Marier asked if the Council would enforce the 80 percent screening for all adjacent property. 9 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 • 2 Councilmember Reinert said yes; that it has been passed. 3 4 Councilmember Reinert moved to adopt Resolution No. 04-54, Approving Final Plat, Eagle Brook 5 Addition. Councilmember Stoltz seconded the motion. 6 7 Motion carried unanimously. 8 9 Resolution No. 04-54 can be found in the City Clerk's office. 10 11 ii. Consideration of Resolution No. 04-68 Approving Development Agreement, Jim 12 Studenski 13 14 City Engineer Studenski stated the City Council approved the preliminary plat of Eagle Brook 15 Addition on March 22, 2004, and that site grading and construction on the site shall not begin prior to 16 June 1, 2004, and well drilling shall not begin prior to July 15, 2004. 17 18 City Engineer Studenski the Development Agreement provides for submittal by the developer of a 19 Letter of Credit in the amount of $2,390,000 representing 150 percent of the development 20 improvement costs and a Letter of Credit in the amount of $9,200 representing 35 percent of the City 21 improvement costs to insure completion of the project in accordance with the approved plans. 22 23 City Engineer Studenski stated the Development Agreement provides for a deposit of a cash escrow .24 in the amount of $82,500 to reimburse the City for costs incurred by the City related to the 25 development and improvements of the site and developer improvements. 26 27 City Engineer Studenski stated Staff recommends adopting Resolution 04-68. 28 29 Councilmember Reinert moved to adopt Resolution 04-68, Authorizing Execution of Development 30 Agreement for Eagle Brook Addition. Councilmember Stoltz seconded the motion. 31 32 Motion carried unanimously. 33 34 Resolution No. 04-68 can be found in the City Clerk's office. 35 36 D. Oakwood View (Rice Creek Covenant Church), Jeff Smyser 37 38 City Planner Smyser stated the Rice Creek Covenant Church has submitted an application to further 39 develop its current site at 125 Ash Street, and that the applicant includes several elements. The goal 40 is to create ten single-family detached home lots on the north part of the property as well as a lot for a 41 duplex on the southern part of the property. The duplex is intended for a group residence for people 42 with disabilities. The lot for the group residence would be final platted this year to allow for 43 construction this year. The single-family lots would not be final platted until 2005. 44 45 City Planner Smyser stated the project includes an odd mixture of actions because of the existing land 46 use category and zoning and that there were four approvals that were necessary to accommodate the ilk 47 proposal. INF 48 10 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 City Planner Smyser gave a detailed description of the project, basically outlining his Agenda Report. • 2 3 Acting Mayor Carlson opened the public hearing. 4 5 There were no public comments. 6 7 Councilmember Reinert moved to close the public hearing. Councilmember Dahl seconded the 8 motion. 9 10 Motion carried unanimously. 11 12 i. Consideration of Resolution No. 04-34 Amending the Comprehensive Plan to 13 Change Land Use Designation from Public -Semi -Public to Low Density Sewered 14 Residential 15 16 Councilmember Reinert moved to adopt Resolution No. 04-34, Amending the Comprehensive Plan to 17 Change Land Use Designation from Public -Semi -Public to Low Density Sewered Residential. 18 Councilmember Dahl seconded the motion. 19 20 Motion carried unanimously. 21 22 Resolution No. 04-34 can be found in the City Clerk's office. 23 i24 ii. Consider FIRST READING of Ordinance No. 12-04, Rezoning Certain Real 25 Property from R -1X, Single Family Executive to PUD, Planned Unit Development 26 27 Councilmember Reinert moved to approve FIRST READING of Ordinance No. 12-04, Rezoning 28 Certain Real Property from R -1X, Single Family Executive to PUD, Planned Unit Development, for 29 Oakwood View and the Rice Creek Covenant Church, 125 Ash Street. Councilmember Dahl 30 seconded the motion. 31 32 Councilmember Reinert voted yea; Councilmember Dahl voted yea; Councilmember Stoltz voted 33 yea; Acting Mayor Carlson voted yea. 34 35 Motion carried unanimously. 36 37 iii. Consideration of Resolution No. 04-58 Approving Development Stage 38 Plan/Preliminary Plat, Oakwood View. 39 40 Councilmember Reinert moved to adopt Resolution No. 04-58, Approving Development Stage 41 Plan/Preliminary Plat, Oakwood View. Councilmember Stoltz seconded the motion. 42 43 Motion carried unanimously. 44 45 Resolution No. 04-58 can be found in the City Clerk's office. 46 11 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 iv. Public Hearing, Consider FIRST READING of Ordinance No. 07-04, Vacating • 2 Drainage and Utility Easement, for property located at 125 Ash Street (Rice 3 Creek Covenant Church). 4 5 Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 07-04, Vacating 6 Drainage and Utility Easement, for property located at 125 Ash Street (Rice Creek Covenant Church). 7 Councilmember Stoltz seconded the motion. 8 9 Councilmember Reinert voted yea; Councilmember Stoltz voted yea; Councilmember Dahl voted 10 yea; Acting Mayor Carlson voted yea. 11 12 Motion carried unanimously. 13 14 15 E. Consideration of Resolution No. 04-69, Approving Development Agreement, Hailey 16 Manor, Jim Studenski 17 18 City Engineer Studenski stated that the Council had approved the preliminary plat of Hailey Manor 19 on September 8, 2003, and authorized execution of a grading only development agreement on 20 October 27, 2003. Hailey Manor consists of four existing residential lots to be subdivided into 14 21 residential units. 22 23 City Engineer Studenski stated that in accordance with the preliminary plat approval and City policy, •24 staff had prepared a Development Agreement for that Hailey Manor Subdivision that provided for 25 submittal by the developer of a Letter of Credit in the amount of $186,000 representing 150 percent 26 of the development improvement costs and a Letter of Credit in the amount of $27,000 representing 27 35 percent of the City improvement costs to insure completion of the project in accordance with the 28 approved plans. It also requires a deposit of a cash escrow in the amount of $49, 250 to reimburse the 29 City for costs incurred by the City related to the development and improvements of the site and 30 developer improvements. 31 32 City Engineer Studenski stated it is staff's recommendation to adopt Resolution 04-69. 33 34 Councilmember Stoltz moved to adopt Resolution No. 04-69, Approving Development Agreement, 35 Hailey Manor. Councilmember Dahl seconded the motion. 36 37 Motion carried unanimously. 38 39 Resolution No. 04-69 can be found in the City Clerk's office. 40 41 F. Consideration of Resolution No. 04-70, Authorizing Preparation of Plans & 42 Specifications for Well No. 5, Jim Studenski 43 44 City Engineer Studenski stated that in accordance with the Water System Comprehensive Plan, 45 construction of Well No. 5 is planned to be in operation in 2005 to meet City demands. The 46 construction of Well No. 5 will encompass a total of three projects. He stated the first project is 47 construction of Well No. 5, which is located in Birch Park. The next two projects, a water main from 12 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 Well No. 5 to Pumphouse No. 3, and Well No. 5 pump, electrical controls and Pumphouse No. 3 • 2 modifications, will follow in the next couple months. 3 4 City Engineer Studenski stated it was staff's recommendation to authorize the preparation of plans 5 and specifications in the amount of $205,000 for the construction of Well No. 5. 6 7 Councilmember Dahl asked whether residents had been notified regarding this project. 8 9 City Engineer Studenski stated they had not, but that any impact is going to be very minimal. 10 11 Councilmember Dahl asked how large the structure would be. 12 13 City Engineer Studenski stated it would be two or three feet high, less than two feet in diameter. He 14 stated the concrete pad would be approximately 10 x 10 feet, and that the control panel would 15 typically be four to six feet in height. 16 17 Councilmember Dahl requested that the City enclose the well in a structure. 18 19 Councilmember Stoltz stated he agreed with Councilmember Dahl that the well should be enclosed in 20 a structure for aesthetic purposes. 21 22 Acting Mayor Carlson asked to make a "whereas" in the resolution to add that the well be enclosed, 23 with the enclosure the smallest size possible. She asked Councilmember Reinert to suggest some 24 language. 25 26 Councilmember Reinert suggested that the structure be in line with the architectural standards passed 27 by the city. 28 29 City Attorney Sullivan suggested, "Whereas, the City Council desires this structure to be enclosed for 30 aesthetic purposes, therefore, TKDA or the city engineers as designated are to prepare plans and specs 31 for the construction of Well No. 5 as an enclosed structure." 32 33 Acting Mayor Carlson opened the public comment. 34 35 Michael Greebie, 1047 Aspen Lane, stated he hoped the structure wouldn't be as cheap as the chain 36 link fence around it. He asked where in Birch Park the well would be located. 37 38 City Engineer Studenski stated the location had not yet been defined, but that it would be close to the 39 existing structure that is out there. 40 41 Chad Hover, 1055 Aspen Lane, stated he was happy to hear the well would be enclosed for safety 42 reasons. 43 44 Councilmember Dahl moved to adopt Resolution 04-70, Authorizing Preparation of Plans and 45 Specifications for the Construction of Well No. 5, as outlined in the staff report and as amended per 46 the City Attorney's whereas clause. Councilmember Reinert seconded the motion. 47 48 Motion carried unanimously. 13 COUNCIL MINUTES MAY 24, 2004 APPROVED 2 Resolution No. 04-70 can be found in the City Clerk's office. 3 4 G. Consider SECOND READING of Ordinance No. 15-04, Authorizing Sale of Property, 5 Former Black Duck Lift Station Parcel, Michael Grochala 6 7 Community Development Director Grochala stated the City Council authorized the reconstruction of 8 the Black Duck Sanitary Sewer Lift Station in 2003, and as a part of that project, the lift station was 9 relocated from the west side of Black Duck Drive to City -owned property on the east side of the 10 street. The old location was a 30' x 30' parcel obtained in 1972 when the station was constructed. 11 12 Community Development Director Grochala stated that with the removal of the lift station the parcel 13 is no longer needed for public purposes and is not of sufficient size to accommodate any future 14 development. To relieve the City of any future maintenance responsibilities staff is requesting that 15 ownership of the parcel be transferred to the abutting residential property; however, staff is 16 recommending that the City retain a 10 -foot drainage and utility easement over the easterly 10 feet of 17 the parcel consistent with the existing easements lying north and south of the property. The property 18 owner has expressed interest in removing the notch in the property. 19 20 Community Development Director Grochala recommended that the City Council approve Ordinance 21 15-04. 22 23 Councilmember Stoltz moved to approve SECOND READING of Ordinance No. 15-04, Authorizing •24 Sale of Property, Former Black Duck Lift Station Parcel. Councilmember Dahl seconded the motion. 25 26 Motion carried unanimously. 27 28 Ordinance No. 15-04 can be found in the City Clerk's office. 29 30 H. Holly Drive Improvement Project, Jim Studenski 31 32 City Engineer Studenski stated that the plans and specifications for the Holly Drive Improvement 33 project were ordered by the City Council, and that preparation of the plans are substantially complete, 34 including reviews by the Rice Creek Watershed District and MnDOT. He stated that City staff has 35 prepared the plans and specifications for this work and is requesting the Council to approve 36 advertising for bids. 37 38 City Engineer Studenski showed the Council a sketch of the improvement and described it. 39 40 Councilmember Dahl thanked staff for working with the residents who were going to be directly 41 affected by this project. 42 43 City Engineer Studenski stated they had sent around 200 letters to the property owners for the 44 neighborhood meetings. He said they have also now sent letters to the residents that abut the project, 45 and they are meeting with them on an individual basis. 46 47 Acting Mayor Carlson stated the road could probably have been moved over to the west further. • 48 14 COUNCIL MINUTES MAY 24, 2004 APPROVED •1 City Engineer Studenski stated that due to state aid and Rice Creek requirements, they were very 2 restricted as to how much they could shift and move around the roadway section. 3 4 Acting Mayor Carlson opened the public comment. 5 6 Bob Tjernlund, 6355 Cripple Creek Court, stated that the curve is very treacherous and he understood 7 that a variance regarding the sharpness of the curve was going to be filed with the state. He stated 8 that the curve does not meet the design criteria for a 45 mile an hour road. 9 10 City Engineer Studenski stated it is not possible to achieve a 45 mile an hour design because of 11 setback and lot size issues and so it will require a less than 45 miles an hour curve. He stated the trail 12 has been placed on the inside of the curve for safety reasons. 13 14 i. Consideration of Resolution No. 04-71, Approving Plans and Specifications and 15 Authorizing Advertisement for Bids 16 17 Councilmember Reinert moved to adopt Resolution No. 04-71, Approving Plans and Specifications 18 and Authorizing Advertisement for Bids for the Holly Drive Improvement Project as presented. 19 Councilmember Dahl seconded the motion. 20 21 Motion carried unanimously. 22 23 Resolution No. 04-71 can be found in the City Clerk's office. i24 25 ii. Consideration of Resolution No. 04-72, Authorizing Request to Advance Funds 26 from the City's Municipal State Aid Street Account 27 28 Councilmember Stoltz moved to adopt Resolution No. 04-72, Authorizing Request to Advance Funds 29 from the City's Municipal State Aid Street Account. Councilmember Dahl seconded the motion. 30 31 Motion carried unanimously. 32 33 Resolution No. 04-72 can be found in the City Clerk's office. 34 35 I. Consideration of Resolution No. 04-67, Approving Joint Powers Agreement with City of 36 North Oaks and the Town of White Bear for Sanitary Sewer and Water Crossing, 37 Michael Grochala 38 39 Community Development Director Grochala stated City staff has been working with the town of 40 White Bear, City of North Oaks and the North Oaks Company to facilitate the extension of sanitary 41 sewer and water main to service residential development in North Oaks. 42 43 Community Development Director Grochala stated portions of Lino Lakes are designated to be 44 serviced by sanitary sewer supplied by the Town of White Bear through properties owned by North 45 Oaks Company within Lino Lakes. Although development of the Lino Lakes area is not slated to 46 occur until 2010, North Oaks Company is currently in the approval process with the City of North 47 Oaks to develop the Rapp Farm, which is located south of County Road J (Ash Street) and west of 15 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 Wilkinson Lake. This project is being designed to handle future expansion within the City of Lino • 2 Lakes. 3 4 Community Development Director Grochala stated North Oaks Company is proposing to establish a 5 utility corridor through their property in Lino Lakes to provide for future utility connections. This 6 would allow North Oaks Company to proceed with development projects in North Oak without 7 adversely impacting future expansion for use by the City of Lino Lakes. Additionally, the 8 establishment of the corridor in Lino Lakes will allow North Oaks Company to avoid construction 9 impacts to Wilkinson Lake and the surrounding wetlands. He stated that staff is of the opinion that 10 this would be a practical and cost effective process for both North Oaks Company and the City of 11 Lino Lakes. 12 13 Community Development Director Grochala stated the proposed Joint Powers Agreement provides 14 for the following: 15 16 1. North Oaks Company is responsible for the provision of easements, design, 17 construction, and costs of the proposed improvements. 18 2. The Town of White Bear is responsible for maintenance of the proposed utilities. 19 3. Construction shall be in conformance with Lino Lakes Standards and subject to review 20 and approval. $10,000 will be escrowed to cover all costs incurred by the City. 21 4. Any connections or extensions to the utilities within Lino Lakes are subject to the 22 City's Comprehensive Plan, ordinances and policies. Future connections or extensions 23 would require an amendment to the agreement and/or a separate agreement between •24 the Town of White Bear and the City. 25 26 Community Development Director Grochala stated the City Attorney has reviewed the proposed Joint 27 Powers Agreement and his comments have been addressed. He stated that staff is recommending 28 approval of Resolution No. 04-67. 29 30 Councilmember Stoltz asked Ms. McCann to tell the Council how this will benefit the city. 31 32 Carolyn McCann from North Oaks stated it provides sewer and water access to the southeast corner 33 of Lino Lakes, and that by installing this infrastructure, it can be used for future development in Lino 34 Lakes. 35 36 Councilmember Dahl moved to adopt Resolution No. 04-67, Approving Joint Powers Agreement 37 with the City of North Oaks and the Town of White Bear, as outlined in the staff report. 38 Councilmember Stoltz seconded the motion. 39 40 Motion carried unanimously. 41 42 Resolution No. 04-67 can be found in the City Clerk's office. 43 44 J. Public Hearing, Consider FIRST READING of Ordinance No. 08-04, Vacating Drainage 45 and Utility Easement, Outlot A, Highland Meadows East, Jeff Smyser. 46 (Recommendation to continue to the June 28, 2004 regular City Council meeting) • 47 16 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 Councilmember Reinert moved to continue the public hearing to the June 28, 2004 regular City • 2 Council meeting. Councilmember Dahl seconded the motion. 3 4 Motion carried unanimously. 5 6 K. Comprehensive Plan Review Process, Michael Grochala 7 8 Community Development Director Grochala stated that comprehensive planning is in part intended to 9 assist in developing lands more wisely to serve citizens more effectively, making the provision of 10 public services less costly, and achieve a more secure tax base. He said since the adoption of the 11 Comprehensive Plan in 2001 and subsequent implementation, staff has noted that there are elements 12 of the existing comprehensive plan that need to be reexamined. He stated that staff is specifically 13 becoming increasingly concerned over conflicts between the plan elements (i.e., land use, sanitary 14 sewer, transportation, etc.), conflicting goal and policy statements, as well as unintended 15 consequences created by the growth management ordinance, and that these conflicts may have an 16 impact on the implementation of the plan as originally intended by the community. 17 18 Community Development Director Grochala stated the issues range from minor mapping errors to 19 lack of sewer capacity to service stage 1 growth areas (2000-2010). To address these issues, staff is 20 recommending a process that involves a review of the existing plan elements to including the 21 following: (1) Transportation Plan; (2) Land Use Plan; (3) Sanitary Sewer Plan; (4) Water Plan; (5) 22 Natural Resources Plan; and (6) Park Plan, as well as the Goals & Policies set forth in the plan and 23 the Growth Management Ordinance. .24 25 Community Development Director Grochala stated it is staff's intent to provide a written summary of 26 the plan purpose, plan elements, policy implications, and identified conflicts for presentation to the 27 City Council and Planning and Zoning Board. He stated this review will provide the basis for 28 discussions on the plan to determine what, if any, revisions to the plan should be examined further. If 29 it is determined that the City should examine possible revisions to the plan, a separate participatory 30 process would be developed. 31 32 Community Development Director Grochala stated that with regard to the Comprehensive Plan, 33 Minnesota Statutes, section 462.355 states the following: "Subdivision 1. Preparation and review. 34 The planning agency shall prepare the comprehensive municipal plan. In discharging this duty the 35 planning agency shall consult with and coordinate with the planning activities of other departments 36 and agencies of the municipality to insure conformity with and to assist in the development of the 37 comprehensive municipal plan. In its planning activities the planning agency shall take due 38 cognizance of the planning activities of adjacent units of government and other affected public 39 agencies. The planning agency shall periodically review the plan and recommend amendments 40 whenever necessary." 41 42 Community Development Director Grochala stated staff is requesting City Council direction on how 43 to proceed, as well as a timeline for completion of the review. Staff is recommending that a joint 44 Planning and Zoning Board and City Council meeting be held to allow the appropriate time for the 45 presentation and discussion. It is likely that multiple meetings may be necessary. He explained the 46 review process charts. .47 48 Councilmember Reinert stated that there is a deep divide on the Council on this issue. 17 COUNCIL MINUTES MAY 24, 2004 APPROVED 1 • 2 Councilmember Reinert moved to table this item for further discussion at a work session. 3 Councilmember Stoltz seconded the motion. 4 5 Acting Mayor Carlson stated this item was put on the agenda by Councilmember Dahl and herself so 6 that everyone would be aware that they are discussing it, but that she would be voting against it. 7 8 Motion failed, with a vote of 2 nays (Carlson and Dahl) and 2 ayes (Reinert and Stoltz). 9 10 Councilmember Reinert moved to accept the Comprehensive Review Process as laid out by staff. 11 Councilmember Stoltz seconded the motion. 12 13 Acting Mayor Carlson stated they had not received the report in time for March, and they had been 14 told they would receive the report so she was not prepared to vote for this at this time. 15 16 Councilmember Dahl stated the chart attached to the staff report was different than the charts 17 Community Development Director Grochala had been explaining. She stated it was her 18 understanding that were to have received an outline, which they didn't, and that they were going to 19 discuss it at a meeting, which they didn't, so she would be voting no. 20 21 Motion failed, with a vote of 2 ayes (Reinert and Stoltz) and 2 nays (Carlson and Dahl). 22 23 UNFINISHED BUSINESS .24 25 There was none. 26 27 NEW BUSINESS 28 29 Approval of Minutes of May 5, 2004 Council Work Session 30 31 Councilmember Dahl corrected the spelling of "Mosey" to "Moses" at line 29 of page 2. 32 33 Councilmember Dahl moved to approve the Minutes of the May 5, 2004 Council Work Session. 34 Councilmember Stoltz seconded the motion. 35 36 Motion carried unanimously. 37 38 COMMUNITY CALENDAR MAY 25, 2004 THROUGH JUNE 14, 2004: 39 40 A) Environmental Board Meeting, Wednesday, May 26, 2004, 6:30 p.m. 41 B) Memorial Day Observed, City Hall Closed, Monday, May 31, 2004 42 C) Joint City Council & EDAC TIF Workshop, Wednesday, June 2, 2004, 6:00 p.m. 43 44 D) EDAC Meeting, Thursday, June 3, 2004, 7:00 a.m. ak 45 VIPF 46 E) Park Board Meeting, Monday, June 7, 2004, 6:30 p.m. 18 COUNCIL MINUTES MAY 24, 2004 APPROVED • 1 2 F) Council Work Session, Wednesday, June 9, 2004, 5:30 p.m. 3 4 G) Planning & Zoning Board Meeting, Wednesday, June 9, 2004, 6:30 p.m. 5 6 H) Liquor Violation Hearing — City Council, Monday, June 14, 2004, 5:30 p.m. 7 8 I) City Council Meeting, Monday, June 14, 2004, 6:30 p.m. 9 10 J) Special City Council Meeting, May 27, 2004, 6:30 p.m. 11 12 ADJOURN 13 14 There being no further business, Councilmember Stoltz moved to adjourn at 10:35 p.m. 15 Councilmember Dahl seconded the motion. 16 17 Motion carried unanimously. 18 19 These minutes were considered and approved at the regular Council Meeting, June 14, 2004. 20 21 �Pfl 22 23 Ann Blair, Ci Clerk •24 25 Transcribed by: 26 Sheree L. Theobald 27 TimeSaver Off Site Secretarial, Inc. 28 • 19 ergeso , Mayor