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HomeMy WebLinkAbout06/14/2004 Council MinutesAPPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : June 14, 2004 6 TIME STARTED : 6:35 P.M. 7 TIME ENDED : 10:36 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz and 9 Mayor Bergeson 10 MEMBERS ABSENT : None 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; Economic Development Assistant Mary Alice Divine and 15 City Attorney, Bill Hawkins. 16 17 OPEN MIKE 18 19 Sharia Foster indicated she left a letter for the Council at their desks, and hopes they have had time to 20 review it. She stated her husband is also in attendance. 21 22 Ms. Foster stated they have had drainage problems affecting their property that have gotten worse for 23 a year, and they were happy that last year the Council approved Old Birch Street as part of the 2003 24 Storm Water Management Program. She indicated she wanted to note City Engineer Studenski has • 25 been very responsive to them, but they still have a problem. She stated their property gets more and 26 more wet every year. She expressed they are aware City Engineer Studenski has been working with 27 the contractor, but it seems the problem has gone on longer than it should, and they still have a 28 problem. 29 30 Mayor Bergeson asked if their property was next to the Saddle Club. Ms. Foster indicated it is. She 31 stated that in addition, as part of the project the City had to move some utility lines and now it is 32 eroding by their mailbox also. 33 34 City Engineer Studenski advised they have been working through this issue for a long time. He noted 35 the 2003 projects were started late in the year, and while most of the projects were done, restoration 36 was only partly done. He stated the contractor went out to complete restoration this year, but did not 37 get out there right away, and the spring storms have not helped. He indicated they put out a straw mat 38 that is stapled down, but the last rain washed that out too. He stated the improvements seem to be 39 working, but restoration has been a problem. He indicated the contractor needs to complete the 40 restorations and any additional clean-up, and noted there will not be additional compensation for this. 41 He advised he spoke with the contractor tonight and they will be there tomorrow or Wednesday. 42 43 Councilmember Stoltz noted that today Eagle Brook Church had their dedication, and he wonders if 44 anyone from the City was able to attend and represent the Council. Mayor Bergeson stated he 45 attended, as did Councilmembers Dahl and Carlson and Community Development Director Grochala. 46 47 Councilmember Dahl asked if they could observe a moment of silence for President Reagan, which • 48 they did. COUNCIL MINUTES JUNE 14, 2004 APPROVED 49 • 50 SETTING THE AGENDA 51 52 The agenda was approved as presented. 53 54 STATE OF THE CITY ADDRESS 55 56 Mayor Bergeson advised that each year the Council likes to share the State of the City from their 57 vantage point. He indicated this is an exciting time in Lino Lakes, which is still in its youth in 58 comparison to other cities. He stated the Council and Staff want to make sure the city matures in a 59 well-planned manner, and to do this they call on their own experience and the experience of those 60 who have gone before them. 61 62 Mayor Bergeson indicated in January they welcomed Councilmember Stoltz, who brings a vast 63 amount of experience, having served on the City Council in Circle Pines and various other boards 64 before coming to Lino Lakes. He indicated Gordon Heitke started with the City in February as City 65 Administrator, formerly having worked in Cambridge. He welcomed them both. 66 67 Mayor Bergeson stated he wanted to highlight some of the activities and accomplishments of the four 68 general areas of the city: Public Safety, Public Services, Community Development and 69 Administration. 70 71 Mayor Bergeson commented that the Lino Lakes Police Department worked with citizens to form the 72 Public Safety Citizens Committee, who worked with police to establish a volunteer program to assist 73 with crime prevention programs and special projects. The Police Department also established a 74 Chaplain Program, and along with the Fire Department held the 15t Annual Public Safety Academy 75 providing training to citizens similar to the training the police officers and fire fighters go through. 76 77 Mayor Bergeson stated several officers were trained as Child Safety Seat experts and are able to assist 78 parents in the proper way to operate Child Safety Seats. He indicated two officers received awards, 79 and 110 campers attended Youth Safety Camp. 80 81 Mayor Bergeson advised the Public Service Department is responsible for the parks, trails, streets, 82 sewer and water. He noted two parks were completed in the last year, and an open air shelter was 83 constructed in Birch Park along with a boardwalk. He stated the City also continues its project to 84 eradicate oak wilt. He indicated many community events were organized, and these seem to become 85 more popular each here. He noted an open house was held on June 7th related to the opening of the 86 parks and trail systems. 87 88 Mayor Bergeson indicated Public Works also keeps the City's equipment and vehicles in good 89 working order, and is responsible for the utility system including billing and keeping the water and 90 sewer systems efficient. He stated this department also responded to Gopher One calls last year about 91 utility lines. 92 93 Mayor Bergeson stated water consumption peaked at 4,000,000 gallons in a single day, which caused 94 enough concern that water consumption may compromise their fire safety that later this evening the •95 Council will be considering an odd/even sprinkling ban. 96 2 COUNCIL MINUTES JUNE 14, 2004 APPROVED 97 Mayor Bergeson advised that the Community Development Department handles planning, • 98 development, economic services and transportation issues. He stated transportation has been a large 99 focus for the city, and they have joined with surrounding cities as well as Ramsey County and 100 Mn/Dot on the reconstruction of Main Street and the 35E/Main Street Interchange. 101 102 Mayor Bergeson further advised that new commercial construction resulted in an increase of $20 103 million to the city's tax base, with Marshan Lake Industrial Park set to open soon. He indicated 104 commercial and retail trade expanded with the addition of retail on Hodgson Road providing residents 105 with a variety of services. He added there is also a retail center under construction on Apollo Drive. 106 107 Mayor Bergeson indicated the downtown area around City Hall has been under review, and has been 108 rezoned to mixed use, with construction to begin in 2005. He stated this area will help provide a 109 center for the city and provide residents with services they now drive to other cities to find. He 110 indicated this area will connect to parks, and will include the YMCA. 111 112 Mayor Bergeson stated the Growth Management Program was put into place to control development 113 in the city. He advised they added $25 million in residential growth to the tax base last year. He 114 indicated natural resources continue to be their biggest asset, and to protect those they adopted the 115 Storm Water Management Plan, the Surface Water Management Plan and they continue to monitor 116 the Blue Heron population. In addition, they supported Earth Day with the planting of 200 trees. 117 118 Mayor Bergeson advised the Administration Department has many functions. He stated the Finance 119 Department managed a $550,000 State Aid cut, which is 7.8% of the city's operating budget, and *120 were still able to balance the budget by reducing expenditures, using contingency funds and 121 alternative financing without using general fund reserves. 122 123 Mayor Bergeson stated the City de -certified three TIF Districts in 2003, which added $21 million to 124 the tax base, and received a Certificate of Achievement for Excellence in Reporting. He indicated the 125 City Council adopted guidelines outlining appropriate actions and means of interacting with each 126 other and their constituents, and he expressed thanks to former Councilmember O'Donnell for his 127 help with that document. 128 129 Mayor Bergeson indicated in May, the City Council along with Staff met to identify areas they 130 wanted to address in the coming year, and as a result the City identified several goals which will 131 guide their work in 2004 and 2005. 132 133 Mayor Bergeson stated the City will continue with the reconstruction of deteriorating streets, with 134 each street reconstruction including a trail along the entire length of the street. He indicated planning 135 for the 35E corridor continues as interest in developing in that area continues. 136 137 Mayor Bergeson indicated they look forward to these challenges and strive to continue to improve the 138 quality of life in Lino Lakes and ensure it will continue to be a great place to work and live. 139 140 Councilmember Carlson noted that there was a headline from a March newsletter of the League of 141 Minnesota Cities concerning Local Government Aids (LGAs). City Administrator Heitke indicated 142 this is a bill brought forth from the League of Minnesota Cities that was not addressed during the •143 regular Legislative session. He stated the League is pushing to have it heard if a Special Session is 144 called. 3 COUNCIL MINUTES JUNE 14, 2004 APPROVED 145 •146 CONSENT AGENDA 147 148 Councilmember Dahl moved to approve Consent Agenda Items 1A and 1B, as submitted. 149 Councilmember Carlson seconded the motion. 150 151 Motion carried unanimously. 152 153 ITEM ACTION 154 155 A. CONSIDERATION OF EXPENDITURES: 156 157 i) June 14, 2004 (Check No. 71064 — 158 71234, $637,247.37). Approved 159 160 ii) Centennial Fire District (Check No. 14271 — 161 14315, $42,292.59). Approved 162 163 B. CONSIDERATION OF RESOLUTION 164 NO. 04-85, APPROVING TEMPORARY 3.2 165 PERCENT MALT LIQUOR LICENSE, APPROVING 166 APPLICATION FOR A CABARET LICENSE AND 167 AN EXEMPTION FOR LAWFUL GAMBLING •168 PERMIT FOR AUGUST FESTIVAL, ST. JOSEPH 169 CATHOLIC CHURCH Approved 170 171 172 Resolution No. 04-85 can be found in the City Clerk's office. 173 174 FINANCE DEPARTMENT REPORT, AL ROLEK 175 176 There was none. 177 178 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 179 180 A. 2004 — 2005 Council Goals, Gordon Heitke 181 182 City Administrator Heitke advised that on May 22, 2004 the City Council and Staff participated in a 183 goal setting workshop to identify specific goals for 2004 and 2005. He stated they set objectives, 184 then developed goals from them and voted on what were their highest priorities. He indicated that 185 lead to the seven goals, objectives and action plans he will outline. 186 187 City Administrator Heitke reviewed each goal, objective and key action steps. 188 189 Councilmember Reinert moved to approve the 2004 — 2005 City Council Goals and Management 190 Action Plans as presented. Councilmember Stoltz seconded the motion. •191 COUNCIL MINUTES JUNE 14, 2004 APPROVED 192 Councilmember Carlson expressed concern that the goals do not reflect a high enough degree of •193 citizen involvement. She stated a survey is needed to determine the highest issues of the citizens. 194 She commented that the packet says the City is in the process of reviewing the Comprehensive Plan 195 but they passed that plan in 2002 and passed the Subdivision Ordinance in 2003. She indicated these 196 goals made their focus to build, tax and silence, which are not her positions. She noted environmental 197 issues did not make the goals. She expressed that the Charter provisions concern her, and while she 198 recognizes the need to reconstruct the roads she does not want to take away the right of the citizens to 199 vote on issues whenever possible. 200 201 Councilmember Dahl noted she was disappointed with the goal setting process, and she felt the level 202 of detail they went into with the action plans was unnecessary. She indicated a concern with the 35E 203 corridor becoming a goal due to TIF issues, and agreed they need citizen involvement if they are 204 going to undertake a Comprehensive Plan review. She expressed that being on the Charter 205 Commission, she believes it is still a viable tool for road reconstruction and should not be discarded. 206 She stated that she also does not think they need higher taxes. 207 208 Councilmember Reinert stated he was pleased with the goals they devised, even though it was a long 209 process. He is comfortable with the decision to master plan the 360 acres by the City Hall rather than 210 develop it piecemeal, and welcomes citizen involvement throughout the process, as well as during the 211 Comprehensive Plan review. He advised that the City needs to proactively address road 212 reconstruction to ensure they do not find themselves in a major problem in a few years when more of 213 the roads start to deteriorate. He was complimentary of the details of the action plans and indicated 214 he feels their intentions for the first year are clear and well spelled out. 215 1.216 Councilmember Stoltz noted he sees the city now as half full. He indicated this was his first goal 217 setting session, which was conducted by a third party consultant, and he is satisfied with the goals and 218 will support them. He stated while not spelled out in each goal he believes citizen input has been 219 emphasized, however it is up to the Council and Staff to guide these tasks. He commented the city 220 has changed and they have to evaluate those changes and adjust accordingly. He indicated that while 221 not all the goals are his, he will support them equally. 222 223 Councilmember Carlson asked for an update on her request for a list of changes staff is 224 recommending. After discussion, City Administrator Heitke agreed they would try to provide a basic 225 list of the concerns Staff has with the Comprehensive Plan. 226 227 Mayor Bergeson indicated he also felt the goal setting session was a good process with a lot of good 228 discussion. He stated the goals are important for staff and they have expressed their desire to have 229 something to measure their work. He indicated he was satisfied with the goals and would support 230 them. 231 232 VOTE: 3 — 2. Councilmembers Carlson and Dahl opposed. Motion carried. 233 234 B. Consider Authorizing Action Pursuant to Annual Liquor License Compliance Checks, 235 Following Violation Hearing, Ann Blair 236 237 Mayor Bergeson advised the City Council had a special meeting earlier in the day during which the 238 Council took action establishing that four establishments had violated the liquor code during the 9239 previous licensing period. 5 COUNCIL MINUTES JUNE 14, 2004 APPROVED 240 1241 City Clerk Blair summarized the Staff report, reviewing the establishments and recommended 242 penalties. She indicated it is Staff's recommendation to approve all four resolutions. 243 244 Mayor Bergeson noted some of the owners spoke at the earlier hearing, but asked if there were any 245 further comments from the public. 246 247 Chad Wagner, owner of Miller's on Main indicated it has been his policy to terminate employees who 248 fail a compliance check, however in this case he felt the person transposed the numbers when they 249 carded the minor, so he suspended them. He expressed his regret and noted he does identification 250 training for all his employees and offers incentives when employees pass the compliance checks. He 251 wanted the Council to know they take this very seriously. 252 253 Councilmember Stoltz moved to adopt Resolution No. 04-86, Finding Violation and Assigning 254 Penalty, Miller's on Main. Councilmember Dahl seconded the motion. 255 256 Councilmember Carlson thanked the owner for coming forward with his comments and concerns. She 257 indicated while the fines are assigned by the City's Best Practices Grid, she wanted to acknowledge 258 his efforts. 259 260 Motion carried unanimously. 261 262 Councilmember Reinert moved to adopt Resolution No. 04-87, Finding Violation and Assigning 63 Penalty, American Legion. Councilmember Stoltz seconded the motion. W2264 265 Motion carried unanimously. 266 267 Councilmember Carlson moved to adopt Resolution No. 04-88, Finding Violation and Assigning 268 Penalty, VFW. Councilmember Dahl seconded the motion. 269 270 Motion carried unanimously. 271 272 Councilmember Dahl moved to adopt Resolution No. 04-89, Finding Violation and Assigning 273 Penalty, Oasis Market. Councilmember Reinert seconded the motion. 274 275 Motion carried unanimously. 276 277 Mayor Bergeson expressed to owners and operators in the city that the Council does take the liquor 278 code seriously, and enforces it strictly. 279 280 Resolutions No. 04-86, 04-87. 04-88 and 04-89 can be found in the City Clerk's office. 281 282 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 283 284 There was none. 285 Aft286 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER W87 6 COUNCIL MINUTES JUNE 14, 2004 APPROVED 288 A. Consider Second Reading of Ordinance 14-04, Amending City Code to Include Water •89 Sprinkling Ban, Rick DeGardner 290 291 Public Service Director DeGardner summarized his Staff report, advising Staff recommends approval 292 of the second reading of this ordinance. 293 294 Councilmember Dahl moved to approve the SECOND READING of Ordinance #14-04 Amending 295 the Lino Lakes City Code, Chapter 400 Water and Sewer by Adding Subdivision 1-4 under Section 296 401.02, Seasonal Sprinkling Restrictions. Councilmember Stoltz seconded the motion. 297 298 Councilmember Stoltz asked if Staff has received any feedback from the announcement in the 299 newsletter concerning this restriction. Public Service Director DeGardner indicated they have not. 300 301 Vote: 5 Ayes, 0 Nays. Councilmember Dahl voted yea. Councilmember Stoltz voted yea. 302 Councilmember Carlson voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted yea. 303 304 Motion carried unanimously. 305 306 Ordinance #14-04 can be found in the City Clerk's office. 307 308 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 309 310 A. Consider Resolution No. 04-77 Approving Economic Development Advisory Committee S311 Action Plan, Mary Divine 312 313 Economic Development Assistant Divine introduced the Economic Development Advisory 314 Committee Chairperson, Howard Juni. 315 316 Mr. Juni advised the EDAC is a group of nine citizen volunteers that meet monthly to work in an 317 advisory capacity to the City Council and Staff on issues concerning Economic Development. He 318 stated they are asking the City Council to approve their action plan and to direct the EDAC to 319 continue to work with Staff and the City Council to develop strategies to accomplish the goals of the 320 action plan. When asked by Council, Mr. Juni indicated the vote on their action plan was unanimous. 321 322 Councilmember Reinert moved to approve Resolution No. 04-77 approving the Economic 323 Development Advisory Committee Action Plan for 2004-2005. Councilmember Stoltz seconded the 324 motion. 325 326 Councilmember Carlson expressed a concern with approving this committee's action plan rather than 327 accepting it as the Council has done in the past. She indicated there are financial aspects to the goals 328 that make her uncomfortable, as she does not want to give the impression she is approving any of the 329 specific financial concerns. 330 331 Councilmember Stoltz thanked Mr. Juni and the rest of the committee for all the volunteer time they 332 put into their role. He expressed that having served on numerous committees and boards he knows 333 the time commitment involved, and reinforced that bringing these goals and details forward is very • 334 helpful for the Council. 335 COUNCIL MINUTES JUNE 14, 2004 APPROVED Councilmember Reinert indicated that since approving the EDAC's action plan would not be .3336 37 approving any projects, but rather keeps the options available for later Council action, he will support 338 the goals. He added he feels it is prudent to have the EDAC continue working with the Council and 339 Staff to accomplish the goals set forth. 340 341 Mayor Bergeson agreed that approving goals does not give any committee or board authority to spend 342 money. He expressed his appreciation to the committee and indicated he would speak in favor of 343 their goals. 344 345 Councilmember Dahl noted she spoke with one member of the EDAC who was not able to attend the 346 meeting to vote on the goals, and asked Economic Development Assistant Divine to ensure that the 347 member receive a full copy of the goals presented to the Council. 348 349 Mr. Juni clarified the vote was unanimous of those in attendance at the meeting. 350 351 Economic Development Assistant Divine indicated one thing the EDAC is looking for is direction 352 from the Council on where they should spend their time. She stated with regard to public funding, 353 they are wondering if they should pursue that when appropriate, and if it is a place they should be 354 spending their time. 355 356 Vote: 3 Ayes, 2 Nays. Councilmembers Carlson and Dahl opposed. 357 358 Motion carried. dik 359 RIF 360 Resolution No. 04-77 can be found in the City Clerk's office. 361 362 B. Consider Resolution No. 04-78, Supporting Application for Metropolitan Council 363 Livable Communities Opportunity Grant, I -35E AUAR, Economic Development 364 Assistant Mary Divine 365 366 Economic Development Assistant Divine presented the Staff report, indicating this grant would 367 expand the scope of the Benchmark AUAR to include approximately 1,400 additional acres along 368 35E from Cedar Street to 80th Street. 369 370 Mayor Bergeson thanked Staff for seeking out these grants. 371 372 Councilmember Carlson expressed that she would vote for this if the matching local funds were 373 coming from a development that meets their Comprehensive Plan, but as of now she does not see how 374 the proposed development will do that. She noted that up until now she has voted for all of the 375 Livable Communities grants. 376 377 Councilmember Dahl commented she has never voted for these, and knows Mary Divine understands. 378 379 Councilmember Reinert asked if the AUAR would address the number of houses, to which Economic 380 Development Assistant Divine indicated it does not, but addresses land use. 381 • 8 COUNCIL MINUTES JUNE 14, 2004 APPROVED 382 Councilmember Stoltz asked what the total dollar amount is that is designated for these grants. • 383 Economic Development Assistant Divine indicated the Metropolitan Council has $200,000, and has 384 received eleven requests totaling $500,000. 385 386 Councilmember Stoltz moved to adopt Resolution No. 04-78 authorizing application for an 387 Opportunity Grant through the Livable Communities Demonstration Program. Councilmember 388 Reinert seconded the motion. 389 390 Vote: 3 Ayes, 2 Nays. Councilmembers Carlson and Dahl opposed. 391 392 Resolution No. 04-78 can be found in the City Clerk's office. 393 394 C. Consideration of SECOND READING of Ordinance No. 07-04, Vacating Drainage and 395 Utility Easement, for property located at 125 Ash Street, Jeff Smyser 396 397 City Planner Smyser summarized the Staff report, indicating the Council approved the first reading of 398 the ordinance at their May 24, 2004 meeting. 399 400 Councilmember Dahl moved to approve the SECOND READING of Ordinance No. 07-04 vacating 401 Drainage and Utility Easement for property located at 125 Ash Street. Councilmember Carlson 402 seconded the motion. 403 404 Vote: 5 — 0. Motion carried. Councilmember Dahl voted yea. Councilmember Carlson voted yea. 405 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 1.406 407 Ordinance No. 07-04 can be found in the City Clerk's office. 408 409 D. Consideration of FIRST READING of Ordinance No. 09-04, Vacating Drainage and 410 Utility Easement, Millers Crossroads, Jim Studenski 411 412 City Engineer Studenski reviewed the Staff report, indicated the second reading would occur on June 413 28, 2004. 414 415 Mayor Bergeson opened the public hearing at 8:28 p.m. 416 417 Councilmember Stoltz moved to close the public hearing at 8:29 p.m. Councilmember Dahl 418 seconded the motion. 419 420 Motion carried unanimously. 421 422 Councilmember Carlson moved to approve the FIRST READING of Ordinance No. 09-04 vacating 423 Drainage and Utility Easement for Millers Crossroads. Councilmember Dahl seconded the motion. 424 425 Vote: 5 — 0. Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 426 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 427 428 E. Consideration of Resolution No. 04-84, Denying Comprehensive Plan Amendment, W429 Rezoning and Preliminary Plat, Fox Den Acres, Jeff Smyser 9 COUNCIL MINUTES JUNE 14, 2004 APPROVED 430 •431 City Planner Smyser reviewed the request, indicating most of the project is within the MUSA, 432 however a small portion is outside the MUSA, which is why additional MUSA will be needed. He 433 indicated the same is true with zoning, whereas 40 acres is zoned R-1, and 4-5 acres are zoned Rural. 434 435 City Planner Smyser reviewed the site plan thoroughly, indicating Staff is recommending denial of 436 the project for the following reasons: 437 o The City's growth management policy and subdivision ordinance prohibit development 438 outside of defined growth boundaries. The proposed plat extends beyond the stage 1 439 growth area, the MUSA, the Low Density Sewered Residential land use area, and the R-1 440 zone. The proposer requests amendments to the comprehensive plan and zoning map to 441 accommodate the extra acres of development. It also would require the vacation of parts 442 of a ponding and flowage easement. There is no clear justification for these actions other 443 than to increase developable area. 444 o Section 1002-6 of the subdivision ordinance lists criteria for determining if a proposed 445 development is premature. These include consistency with the land use plan, including 446 the staged growth area boundaries. A project that is inconsistent with these criteria is 447 premature. 448 o We do not yet know if water service is adequate. If it is not, the project is premature. 449 450 Councilmember Carlson asked about the length of the cul-de-sac. City Planner Smyser showed the 451 proposed road layout, noting that at some time the road would connect and would no longer be a cul - 452 de -sac; however until then it would be very long. 453 •454 Mayor Bergeson asked if only the 40 acres were being proposed, and the units outside the growth 455 lines were not there, if Staff's recommendation would be different. City Planner Smyser indicated it 456 would, because the major issue is that it exceeds the growth boundaries. 457 458 Councilmember Dahl asked for clarification on how much Staff sees the one ingress/egress as an 459 issue. City Planner Smyser stated the problem is the neighborhood to the west was not done properly, 460 and showed where the road should have been stubbed so it could connect to the parcel in question. 461 He indicated the problem was not created by this owner, and to say there is only one access point so 462 this parcel cannot develop is not appropriate. 463 464 Councilmember Dahl questioned if the parcel below this would be developed soon. City Planner 465 Smyser advised it is intended to remain un-sewered through the 2020 plan. 466 467 City Planner Smyser briefly discussed the greenway situation noted by the Environmental Board. He 468 advised it is really a conceptual greenway, and it is not realistic to think they will get all of the 469 greenway, but he feels some would be appropriate. 470 471 Councilmember Stoltz asked for clarification on the rules concerning the applicant coming back with 472 another plan. City Planner Smyser indicated the zoning ordinance says that if a conditional use 473 permit or re -zoning request is denied the applicant cannot come back for a year. He noted the 474 subdivision ordinance does not have that provision, so if the applicant came back with a plan that 475 does not require rezoning he would not have to wait. •476 10 COUNCIL MINUTES JUNE 14, 2004 APPROVED 477 Mike Black, Royal Oaks Realty discussed the challenges of taking a 60 -acre site with 11.88 acres of 478 wetland and coming up with a single-family design. He noted they are at 1.2 units per acre in density 479 and have exceeded the lot size and width. He indicated they realize they are exceeding the MUSA 480 line, and if denied with have to come back with a plan within the MUSA which will probably have 481 approximately ten fewer units. He stated they will continue to work with Staff and the neighbors on a 482 plan. 483 484 Discussion ensued about whether the developer should withdraw his request rather than have it 485 denied, and if the request is withdrawn, would he lose his place in line for the growth management 486 plan, which it was determined, he would. City Planner Smyser indicated he would like to work with 487 the developer and work out something more environmentally friendly which would allow a greenway 488 through there, but the choice is up to the developer. 489 490 Councilmember Reinert stated this plan has a lot of characteristics he likes to see, and would hate to 491 see the developer lose his place in line. 492 493 It was determined the Council would vote on the Comprehensive Plan separately, giving the 494 developer an opportunity to withdraw his other requests if the Comprehensive Plan Amendment 495 failed. 496 497 Councilmember Carlson had questions about the road and where it would come through to the 498 adjacent property. City Planner Smyser reviewed the road plan, again noting the City created this 499 issue. 500 W501 Steve Cavanaugh, 6331 Deerwood Lane expressed concern about the traffic study, and how the first 502 study failed, and the second study changed the criteria so it passed. He indicated if the developer is 503 going to come back with another plan he believes the traffic should be studied further, and suggested 504 the City select the person to do the traffic study rather than the developer. 505 506 Councilmember Reinert moved to adopt Resolution No. 04-84 as revised, denying application for a 507 Comprehensive Plan Amendment for Fox Den Acres. Councilmember Stoltz seconded the motion. 508 509 Councilmember Carlson expressed that her comments concerning the Comprehensive Plan were not 510 to imply it should never be changed, but that Comprehensive Plan Amendments should start with 511 residential input. She further expressed concerns with the road, noting this situation is similar to 512 others they have seen that are problems in the city, and she will continue to have that concern with 513 any plan that comes back for this parcel. 514 515 Mayor Bergeson suggested Staff look at the possibility of having related uses located outside the 516 Growth Area, such as drainage and ponding facilities. City Planner Smyser indicated Staff has 517 discussed that possibility and will continue to look at it with any future plans. 518 519 Motion carried unanimously. 520 521 Resolution No. 04-84 can be found in the City Clerk's office. 522 Ailk 523 Mr. Black stated he would withdraw his application for preliminary plat and re -zoning. He presented glir 524 a handwritten withdrawal, indicating a formal withdrawal would be supplied to Staff the next day. 11 COUNCIL MINUTES JUNE 14, 2004 APPROVED 525 •526 City Attorney Hawkins indicated he has reviewed the written document and believes it is adequate. 527 528 Mayor Bergeson called for a short recess at 9:30 p.m. The meeting was resumed at 9:40 p.m. 529 530 F. Consideration of Resolution No. 04-80, Accepting Plans and Authorizing Advertisement 531 for Bids, Marshan Lane Utility Improvement Project, Jim Studenski 532 533 City Engineer Studenski reviewed the Staff report, noting the date to open bids has moved from July 534 8, 2004 to July 7, 2004 so an update can be provided at the Wednesday work session. He advised the 535 area does have some septic system issues so it is Staff's recommendation to go through to the east end 536 of the roadway. He stated the impact will be minimal as the road will be replaced with a rural section 537 of road as it is currently. He indicated Staff has met with the residents, and noted funding will be 538 from assessment to the benefiting properties, and trunk funds from the remaining properties. 539 540 Councilmember Dahl moved to adopt Resolution No. 04-80 approving Plans and Specifications and 541 authorizing Advertisement for Bids for the Marshan Lane Utility Improvement Project. 542 Councilmember Stoltz seconded the motion. 543 544 Motion carried unanimously. 545 546 G. Consideration of Resolution No. 04-81, Rejecting All Bids, Birch/Hodgson Street 547 Improvement Project, Jim Studenski 1.548 549 City Engineer Studenski reviewed the Staff report, indicating the bids were opened on June 3, 2004 550 and the lowest bid was 21% over the Engineer's Estimate. He advised the City Charter dictates that if 551 bids exceed the estimated cost by the engineer of more than 10%, the City may not award the 552 contract, but may re -bid the project one time. 553 554 Councilmember Carlson questioned why they were going back to Anoka County when the County 555 already approved the project, and asked why there is not enough money to cover it when they have 556 obtained $779,000 through various sources. 557 558 Community Development Director Grochala stated the bid amount of $677,698 is not the total project 559 cost, and engineering costs still need to be added. He indicated the total project cost was supposed to 560 be $700,000, so they have taken over a $100,000 hit to the costs. He stated those points are mute, 561 however, because the bids were more than 10% over the estimate so they have to reject all bids. He 562 indicated there are still financing options but before they come back for new bids they want to make 563 sure all options to reduce costs have been explored with Anoka County. 564 565 Councilmember Carlson expressed concern that the issues that created a low Engineer's estimate be 566 rectified since they will not be able to re -bid a second time. Community Development Director 567 Grochala indicated there are a lot of unique situations to this project, and traffic control came into 568 play, but Staff will make sure the Engineer's estimate comes in within the 10% while still getting the 569 lowest bid possible. 570 1.571 City Engineer Studenski advised the original feasibility report was for a temporary signal, and Anoka 572 County wanted to go with a permanent signal, so to compensate they are giving us some materials. 12 COUNCIL MINUTES JUNE 14, 2004 APPROVED 573 He indicated Staff will have to work through this to determine what can be done to reduce the original 411574 cost, and make sure all other funding sources have been pursued. 575 576 Councilmember Reinert moved to adopt Resolution No. 04-81 rejecting all bids for Birch/Hodgson 577 Street Improvements Project. Councilmember Dahl seconded the motion. 578 579 Councilmember Carlson expressed this is a critical intersection and she would hope the project could 580 still be done this year. Mayor Bergeson noted this project could have been done by now if the City 581 had worked differently with the County a few years ago. 582 583 Motion carried unanimously. 584 585 Resolution No. 04-81 can be found in the City Clerk's office. 586 587 H. Consideration of Resolution No. 04-82, Establishing No Parking on Holly Drive, Holly 588 Drive Improvement Project, Jim Studenski 589 590 City Engineer Studenski reviewed the Staff report, noting this is the same as they have done on Elm 591 Street and 62' Street. 592 593 Councilmember Stoltz moved to adopt Resolution No. 04-82 establishing No Parking on Holly Drive, 594 Holly Drive Improvement Project. Councilmember Reinert seconded the motion. 595 •596 Motion carried unanimously. 97 598 Resolution No. 04-82 can be found in the City Clerk's office. 599 600 I. Consideration of Resolution No. 04-83, Accepting Feasibility Study and Calling for 601 Hearing on Improvements, Legacy at Woods Edge Improvement Project, Michael 602 Grochala / Bob Moberg 603 604 Community Development Director Grochala summarized the Staff report, and introduced Mr. Bob 605 Moberg from Short, Elliott, Hendrickson, Inc. 606 607 Mr. Moberg reviewed the feasibility report maps outlining the area. He noted the light fixtures were 608 identical to those in the marketplace development. He discussed the estimated cost, noting the total 609 would be $8,382,000. He reviewed the proposed schedule, indicating a public hearing would be 610 conducted on July 12, 2004, with the Council action to order plans and specifications on July 26, 611 2004. He stated they anticipate construction would begin in April, 2005. He indicated his 612 conclusions and recommendations are highlighted within the report. 613 614 Councilmember Carlson verified they were not approving that the City would be paying any of these 615 costs. Mr. Moberg indicated that was correct. He stated at the public hearing the costs would be 616 broken down in more detail. Community Development Director Grochala agreed, indicating all they 617 are doing is calling for a public hearing and noting that it is possible all of the costs will be assessed. 618 He stated Staff will be working with the City's Financial Advisor to identify all sources of funding. .619 13 COUNCIL MINUTES JUNE 14, 2004 APPROVED 620 Councilmember Dahl asked if the lights were exactly the same, as she did not remember that the •621 marketplace lights had the insignia. Mr. Moberg stated they took the liberty of including the 622 medallions. 623 624 Councilmember Dahl moved to adopt Resolution No. 04-83 accepting the Feasibility Report on 625 Improvements, and calling for Hearing on Improvements for Legacy at Woods Edge. 626 Councilmember Carlson seconded the motion. 627 628 Motion carried unanimously. 629 630 Resolution No. 04-83 can be found in the City Clerk's office. 631 632 J. Consideration of FIRST READING of Ordinance No. 03-04, Vacating Drainage and 633 Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, Jim 634 Studenski 635 636 Councilmember Dahl moved to continue the public hearing for the FIRST READING of Ordinance 637 No. 03-04, vacating drainage and utility easements and accepting new easements, Lot 2, Block 1, Oak 638 Brook Peninsula. Councilmember Stoltz seconded the motion. 639 640 Motion carried unanimously. 641 642 UNFINISHED BUSINESS 643 544 A. Approval of minutes of City Council Meeting, March 22, 2004 645 646 Councilmember Dahl moved to approve the minutes of March 22, 2004 as presented. 647 Councilmember Stoltz seconded the motion. 648 649 Motion carried unanimously. 650 651 NEW BUSINESS 652 653 A. Approval of minutes of City Council Meeting, May 10, 2004 654 655 B. Approval of minutes of Council Work Session, May 19, 2004 656 657 C. Approval of minutes of City Council Meeting, May 24, 2004 658 659 D. Approval of minutes of Special City Council Meeting, May 27, 2004 660 661 Councilmember Carlson indicated on May 19, 2004, page 4, line 14 should say `...concern regarding 662 the expansion of Body Works.' She stated on May 24, 2004, page 8, line 33 should include 663 ...according to the ordinance.' Also, on page 15, line 7 the name should be Bob Tjernlund. 664 665 Councilmember Dahl indicated on page nine of the May 24, 2004 minutes she asked if the Council 666 could get screening defined at the next work session. She stated she has not seen it, and asked that 14 COUNCIL MINUTES JUNE 14, 2004 APPROVED 667 Staff provide another copy. She also asked if it would be possible to have the final copy of minutes 668 burned onto a CD for the Council. 669 670 Councilmember Dahl moved to approve the minutes of May 10, 2004, May 19, 2004 and May 27, 671 2004 as amended. Councilmember Carlson seconded the motion. 672 673 Motion carried unanimously. 674 675 Councilmember Dahl moved to approve the minutes of May 24, 2004 as amended. Councilmember 676 Stoltz seconded the motion. 677 678 Vote: 4 — 0. Motion carried. Mayor Bergeson abstained. 679 680 COMMUNITY CALENDAR June 15, 2004 THROUGH June 28, 2004: 681 682 A) Wednesday, June 16, 2004, 6:30 p.m., Special Planning & Zoning Board Meeting 683 B) Wednesday, June 23, 2004, 4:30 p.m., Council Work Session and Site Review 684 C) Thursday, June 24, 2004, 5:00 p.m. to 7:30 p.m., County Road 14 I -35W to I -35E 685 Study, Public Information Meeting #3, Chomonix Golf Course, 646 Sandpiper 686 Drive, Lino Lakes 687 Aft•688 D) Monday, June 28, 2004, 6:30 p.m., City Council Meeting 689 ADJOURN 690 691 There being no further business, Councilmember Stoltz moved to adjourn at 10:36 p.m. 692 Councilmember Carlson seconded the motion. 693 694 Motion carried unanimously. 695 696 These minutes were considered and approved at the regular Council Meeting, August 9, 2004. 697 698 699 700 701 Ann Blair, y Clerk Johfi Bergon, Mayor 702 703 704 705 706 Transcribed by: Karen Bucklen TimeSaver Off Site Secretarial, Inc.