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HomeMy WebLinkAbout09/27/2004 Council MinutesAPPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : September 27, 2004 6 TIME STARTED : 6:58 P.M. 7 TIME ENDED : 10:20 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Gordon Heitke; Community Development Director, 13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; Assistant City Planner, 14 Paul Bengtson; City Attorney, Bill Hawkins; Director of Finance, Al Rolek; Public Service Director, 15 Rick DeGardner; Economic Development Assistant Mary Alice Divine; and City Clerk, Ann Blair. 16 17 OPEN MIKE 18 19 There was none. 20 21 SETTING THE AGENDA 22 23 Councilmember Carlson asked to move Items B through F from the Consent Agenda to Unfinished 24 Business. �25 26 The agenda was accepted as amended. 27 28 CONSENT AGENDA 29 30 Councilmember Dahl moved to approve the Consent Agenda Items A and G. Councilmember 31 Carlson seconded the motion. 32 33 Motion carried unanimously. 34 35 ITEM ACTION 36 37 A. CONSIDERATION OF EXPENDITURES: 38 39 i) September 27, 2004 (Check No. 71937 — 40 72058, $643,528.51). Approved 41 42 ii) Centennial Fire District (Check No. 14435 — 43 14452, $9,279.59) Approved 44 45 B. CONSIDERATION OF APPROVAL OF 46 MINUTES OF MARCH 17, 2004 COUNCIL yr47 WORK SESSION Removed 48 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 49 C. CONSIDERATION OF APPROVAL OF •50 MINUTES OF AUGUST 23, 2004 CITY COUNCIL 51 MEETING Removed 52 53 E. CONSIDERATION OF APPROVAL OF 54 MINUTES OF AUGUST 26, 2004 ANNUAL 55 BUDGET WORK SESSION Removed 56 57 F. CONSIDERATION OF APPROVAL OF 58 MINUTES OF SEPTEMBER 2, 2004 SPECIAL 59 COUNCIL WORK SESSION, LEGACY PROJECT Removed 60 61 G. CONSIDERATION OF APPROVAL OF 62 MINUTES OF SEPTEMBER 8, 2004 COUNCIL 63 WORK SESSION Approved 64 65 FINANCE DEPARTMENT REPORT, AL ROLEK 66 67 A. Consideration of Resolution No. 04-142 Authorizing the Sale of General Obligation 68 Improvement Bonds Series 2004A 69 70 Finance Director Rolek summarized the Staff report, and introduced Terry Heaton from Springsted, 71 Inc. S72 73 Terry Heaton advised this bond issuance is really two separate bonds; for street improvements and 74 water improvements. She stated they have been combined into one to increase marketability and 75 decrease issuance costs. She explained the repayment terms, and noted there are sufficient water 76 revenues to pay for that portion. She indicated they will ask Moody's to look at they City's rating, 77 but the current rating is A2. She stated there are also still very good rates in the market. 78 79 Councilmember Carlson questioned if either of the developments was paying up front, or if both 80 would be assessed. Finance Director Rolek indicated both would be assessed. 81 82 Councilmember Dahl questioned how the fact that Holly Drive is a State Aid street would affect their 83 reimbursement and ability to pay this back quickly. Finance Director Rolek advised both projects are 84 State Aid streets, but the utility portion is being financed wholly by the City and financed by these 85 bond revenues. 86 87 Councilmember Stoltz asked if the interest rate is based on the Moody's rating, or if it is affected by 88 the revenue stream also. Ms. Heaton stated it is mainly based on the Moody's A2 rating. 89 90 Councilmember Reinert moved to adopt Resolution #04-142 providing for the Issuance and Sale of 91 $1,330,000 G.O. Improvement and Utility Bonds, Series 2004A. Councilmember Carlson seconded 92 the motion. 93 94 Motion carried unanimously. .95 96 Resolution No. 04-142 can be found in the City Clerk's office 2 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 97 IP 98 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 99 100 A. Consideration of Resolution 04-141 Rescheduling Dates for December Council Meeting 101 and December Council Work Session, Dan Tesch 102 103 City Administrator Heitke summarized the Staff report, explaining the need for this change. 104 105 Councilmember Dahl moved to adopt Resolution No. 04-141 changing the dates of the December 106 Council Meetings to December 13 and December 20, 2004, and the Work Sessions to December 8 107 and December 15, 2004. Councilmember Stoltz seconded the motion. 108 109 Motion carried unanimously. 110 111 Resolution No. 04-141 can be found in the City Clerk's office. 112 113 B. Consideration of Resolution #04-143 Changing the Date of the October 11, 2004 114 Regularly Scheduled Council Meeting, Dan Tesch 115 116 Councilmember Stoltz moved to adopt Resolution No. 04-143 Changing the Date of the October 11, 117 2004 Regularly Scheduled Council Meeting to October 12, 2004. Councilmember Dahl seconded the 118 motion. 119 20 Motion carried unanimously. W21 122 Resolution No. 04-143 can be found in the City Clerk's office. 123 124 City Administrator Heitke indicated Staff will use whatever means are available to publicize the 125 change. 126 127 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 128 129 There was none. 130 131 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 132 133 A. Consideration of SECOND READING of Ordinance #11-04, Winter Parking 134 Restrictions, Rick DeGardner 135 136 Public Services Director DeGardner summarized the Staff report, indicating Staff recommends 137 approval of the Second Reading of Ordinance No. 11-04. 138 139 Mayor Bergeson opened the public hearing at 7:15 p.m. 140 141 Councilmember Carlson moved to close the public hearing at 7:15 p.m. Councilmember Stoltz 142 seconded the motion. .43 44 Motion carried unanimously. 3 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 145 046 Councilmember Dahl moved to approve the SECOND READING or Ordinance No. 11-04, Winter 147 Parking Restrictions. Councilmember Reinert seconded the motion. 148 149 Councilmember Dahl voted yea. Councilmember Reinert voted yea. Councilmember Carlson voted 150 yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 151 152 Ordinance No. 11-04 can be found in the City Clerk's office. 153 154 Councilmember Dahl added her thanks to Mr. DeGardner on behalf of a call she received from 155 someone thanking the Public Services Department and the Engineering Department for the streets on 156 Holly Drive and Holly Court, and Holly Drive and County Road J. 157 158 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 159 160 A. Consideration of Resolution No. 04-140, Approving Preliminary Plat and MUSA 161 Allocation, Speiser Acres, Paul Bengtson 162 163 Assistant City Planner Bengtson summarized the Staff report, indicating Staff is recommending 164 approval. 165 166 Councilmember Carlson moved to adopt Resolution No. 04-140 approving the Allocation of MUSA 167 Reserve and the Preliminary Plat for Speiser Acres. Councilmember Dahl seconded the motion. .68 69 Motion carried unanimously. 170 171 Resolution No. 04-140 can be found in the City Clerk's office. 172 173 B. Pheasant Hills Preserve, 12th Addition, Jeff City Planner Smyser 174 175 i. Consideration of FIRST READING of Ordinance No. 22-04 Rezoning property 176 from R -X to Residential / Planned Unit Development 177 178 City Planner Smyser summarized the Staff report, noting changes to the conditions on Resolution No. 179 04-136 as follows: 180 14. Park dedication shall be cash, calculated on a per unit basis to be $13,320. 181 20. The developer shall post financial security to restore the site if the bridge is not completed 182 after construction begins. 183 184 Councilmember Carlson asked what the Staff recommendation was at the time the Environmental 185 Board and the Planning and Zoning Board saw this case and turned it down. City Planner Smyser 186 responded Staff's recommendation at that time was to deny the request. 187 188 City Planner Smyser explained some design changes that have taken place since that time, including 189 bridge design changes and the conservation agreement on one side of the island. He stated they have 190 spent a lot of time on the EAW and are better versed in the environmental impacts this would create. 091 4 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 192 Councilmember Dahl asked if Staff is now comfortable recommending approval. City Planner 93 Smyser stated they are less uncomfortable. 194 195 Councilmember Reinert asked how long it would take to build the bridge, and the developer's 196 engineer indicated it would take approximately six weeks from start to finish. Councilmember 197 Reinert asked where the estimate for restoring the area in the event the bridge was not completed 198 would come from, and how road reconstruction would be handled. 199 200 City Planner Smyser advised they would get an estimate from the developer, which would be 201 reviewed by the City's engineers and would secure financial surety for approximately 130% of that 202 amount. He stated for the road reconstruction they would video the roads before construction starts, 203 monitor it during the project and then at the end to determine if any reconstruction is needed. 204 205 Councilmember Reinert asked if they could add a provision to the approval that money be escrowed 206 to reconstruct the private road when necessary. City Attorney Hawkins stated he thinks that would be 207 a prudent condition of approval. 208 209 Councilmember Reinert asked how the 200 feet guideline for surveying homes in the pile driven area 210 was established, and noted he has a concern about any construction taking place on the island until 211 the bridge is completed. 212 213 City Planner Smyser stated the 200 feet was proposed by the developer's consultant. He indicated 214 they used 100 feet in the EAW, which he believes is the Mn/Dot standard, so the developer is erring diall5 on the side of caution. He indicated they could add a condition that no site work or construction on 16 the island other than bridge work shall occur until the bridge is completed and inspected. 217 218 Councilmember Stoltz questioned what the maximum length for a public street is in Lino Lakes, and 219 asked if the reason it did not go back for further review to the Planning and Zoning Board was due to 220 a timing issue. City Planner Smyser indicated the maximum length for a cul-de-sac is 500 feet, and 221 reviewed the time line, explaining the EAW petition process. 222 223 Mayor Bergeson asked if any permits or approvals from other government agencies have been 224 received. City Planner Smyser stated the normal approval is needed for sanitary sewer and water, and 225 the DNR has granted the bridge permit. He stated the Rice Creek Watershed District has given 226 preliminary approval in 2001, but that has expired. He noted the only thing that has changed from 227 their perspective is the bridge pilings, so they expect approval, but the City Council cannot hold up 228 action tonight because of the 60 -day rule. 229 230 Councilmember Dahl moved to approve the FIRST READING or Ordinance No. 22-04 Amending 231 the Zoning Ordinance of the City of Lino Lakes by rezoning certain real estate from R -X and R-1 to 232 Residential Planned Unit Development for Pheasant Hills Preserve 12th Addition. Councilmember 233 Carlson seconded the motion. 234 235 Councilmember Carlson read a portion of the court decision regarding this development. She 236 indicated the DNR has given their approval on the bridge, and the Rice Creek Watershed District is 237 expected to give their approval. She commented on her concerns about the cul-de-sac extending more . 38 than 500 feet, but agreed she does not see any alternatives in this instance. 39 5 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 240 Councilmember Stoltz noted most of the Council has been quite conflicted on this matter. He ‘11,41 expressed thanks to Staff for handling the twists and turns over a long period of time. He stated there 242 are a number of things to consider, and while his heart and head votes no, after discussion with Staff 243 and legal council he is not sure how to proceed. 244 245 Councilmember Dahl indicated she is of the understanding that although the zoning is changing from 246 rural executive that these will be upscale homes. Mr. Vaughan indicated he believes the package deal 247 should be about $1 million each. He stated the smallest lot is a little over a half acre. 248 249 Mayor Bergeson stated one issue they need to deal with is the net public benefit. He indicated 250 typically when they have a PUD there is some give and take, and in exchange for not holding the 251 developer to the letter of each ordinance the expectation is there would be some public benefit. He 252 hopes they will get that in this case. 253 254 Councilmember Reinert commented he has been both for and against this project as it has moved 255 through. He knows there is a neighborhood not happy about the development, but he has always said 256 if the developer went through all of the necessary processes there may be an approval, although it is a 257 difficult decision. He noted the improvements to the plans that have taken place over the last four 258 years for the better. 259 260 Councilmember Dahl voted yea. Councilmember Carlson voted yea. Councilmember Reinert voted 261 yea. Councilmember Stoltz voted yea. Mayor Bergeson voted nay. 262 .63 Ordinance No. 22-04 can be found in the City Clerk's office. 64 265 ii. Consideration of Resolution No. 04-136, Planned Unit Development Stage Plan / 266 Preliminary Plat, and Allocation of MUSA reserve 267 268 Councilmember Carlson moved to adopt Resolution No. 04-136, approving an application for a 269 Residential Planned Unit Development Stage Plan/Preliminary Plat, Allocation of MUSA Reserve, 270 for the proposed Pheasant Hills Preserve 12th Addition, with a correction to Finding #1 to show Ed 271 Vaughan Development, and with the following conditions: 272 1. Erosion control and tree protection measures must be installed before grading begins on the 273 project, as required by City ordinance. 274 2. Individual custom grading on each lot will be examined to minimize impacts to the existing 275 topography and minimize other impacts to the environment. 276 3. The construction of rainwater gardens in individual lots will be used if possible, increasing 277 infiltration of stormwater runoff. 278 4. A delineated preservation area on the north side of the island will be clearly marked during 279 clearing and construction on the site. Care will be exercised to not damage valuable trees or 280 disturb designated buffer zones. This area will remain in a natural state. Covenants will be 281 used so property owners cannot remove vegetation in this area. Monuments will be posted 282 delineating this area. Drainage from the rear of the homes will travel through this area 283 allowing infiltration and reducing runoff. The project approval will include a mechanism such 284 as covenants or a conservation easement to protect this area. 285 5. Covenants shall be included in homeowners' association documents to prohibit the use of 086 phosphorous on the lawns. 6 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 4187 6. The posting of signs and other aspects of a protection plan, as recommended by MN DNR, 88 will be required to help protect Blanding's Turtles. 289 7. The revised project and bridge design shall be submitted for review by the Rice Creek 290 Watershed District. A permit must be obtained from the Watershed District prior to final plat 291 approval by the City. 292 8. The City Engineer's comments in the memo of September 17, 2004 must be addressed to City 293 Engineer's satisfaction. 294 9. The developer shall implement the pre -construction survey and monitoring program for noise 295 and vibration prior to any grading or construction work commencing on the site. 296 10. A small, temporary noise wall must be constructed around any dewatering pump that will run 297 after daytime working hours. 298 11. Homeowners shall not disturb wetlands beyond 100 feet from the back of their homes. This 299 prohibition shall be included in the homeowner association documents. 300 12. The bridge, roads, water, and sanitary sewer utilities within the project shall be privately 301 owned and maintained. There must be an inspection and maintenance program for the bridge 302 and utilities. There shall be provisions in the development agreement and homeowners' 303 association documents to enable the City to step in and effect repairs to the bridge, road, and 304 water and sanitary sewer facilities if the association fails to maintain them, and assess the cost 305 to the property owners without challenge by the property owners. This is not intended to give 306 responsibility for maintenance to the City except in emergency situations. This requirement is 307 intended to protect public health and safety. These provisions shall be executed before work 308 begins on the bridge or utilities. 30913. There shall be no burning of vegetation cleared during construction. Vegetation shall be 10 chipped and the chips disposed of off-site. 11 14. Park dedication shall be cash, calculated on a per unit basis to be $13,320. 312 15. Bridge rails shall be wood or a material of similar appearance, to be reviewed by City staff 313 prior to commencing construction. 314 16. The project shall not be final platted until 2005 to comply with the growth management 315 policy. 316 17. Homeowners' association declaration/covenants must be submitted for City Attorney review 317 as required by the City's final plat requirements. 318 18. Any elements of the project not specifically addressed by the approved plans shall be subject 319 to appropriate requirements of the R -1X zoning district and of other applicable City 320 ordinances and controls. 321 19. This approval is based on the following submittals: 322 • Existing Conditions, September 3, 2004 323 • Site Layout Plan, September 3, 2004 324 • Grading and Drainage Plans C3.1 and C3.2, September 3, 2004 325 • Erosion Control Plan, September 3, 2004 326 • Tree Preservation Plan, September 3, 2004 327 • Utility Plan, September 3, 2004 328 • Preliminary Plat, September 3, 2004 329 • Typical Section and Quantities for bridge, September 3, 2004 330 • General Plan & Elevation for bridge, September 3, 2004 331 20. The developer shall post financial security to restore the site if the bridge is not completed 4,32 after construction begins. 7 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 1,33 21. Homeowners' association's documents must require a funding mechanism to maintain the 34 bridge, private road, and utilities. All documents must be reviewed by City Attorney prior to 335 final plat. 336 22. No site work or construction shall take place on the island other than bridge work until the 337 bridge is completed and inspected. 338 339 Councilmember Stoltz seconded the motion. 340 341 Councilmember Reinert asked for further clarification on the public purpose. City Planner Smyser 342 acknowledged it was not as clear cut as other developments. Councilmember Reinert stated if Staff 343 did not do this as a PUD, they would have to allow variances for development to occur or no 344 development could occur, which would conflict with the property owner's ability to have reasonable 345 use of his property. City Planner Smyser stated they are using a PUD as a better alternative than just 346 granting variances. He indicated they gained the conservation easement and have a number of 347 stormwater elements that contribute to a better development. He stated they are also getting custom 348 grading which will preserve trees that they would not get otherwise. 349 350 Mayor Bergeson noted he thinks everyone on the City Council had some difficulty with this 351 development and how they intended to vote. He indicated his decision is based on the notion of 352 public net benefit and whether the items noted have enough substance to offset the concessions the 353 City is making. 354 355 Motion carried. Vote: 4:1 Mayor Bergeson opposed. 56 57 Resolution No. 04-136 can be found in the City Clerk's office. 358 359 iii. Consideration of Resolution No. 04-137 Variance to Allow Infrastructure 360 Construction prior to Final Plat 361 362 Councilmember Stoltz moved to adopt Resolution No. 04-137, approving a Variance from the 363 Subdivision Ordinance Prohibition on constructing infrastructure prior to approval of a Final Plat, 364 Pheasant Hills Preserve 12th Addition. Councilmember Carlson seconded the motion. 365 366 Motion carried unanimously. 367 368 Resolution No. 04-137 can be found in the City Clerk's office. 369 370 Mr. Vaughan thanked the City Council. He stated he understands this has been a trying four years for 371 all involved and has tested the Council's patience. He thanked them for their decisions. 372 373 C. Consideration of Resolution No. 04-139, Approving Redevelopment Contract for Legacy 374 at Woods Edge, Mary Divine 375 376 Economic Development Assistant Divine summarized the Staff report, indicating Paul Steinman, 377 Sprinsted, Inc. would answer questions and review the contract. 378 . 79 Mr. Paul Steinman reviewed the key points of their memo concerning Legacy at Woods Edge. 80 8 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 381 Mayor Bergeson opened the public hearing at 9:15 p.m. 1,82 383 Curt Martinson, Executive VP for Community National Bank offered his support for this project, 384 noting it puts together a concept the City has been working on for 10 years. He encouraged the City 385 Council to show their support. 386 387 Howard Juni, a Lino Lakes resident stated he is on the YMCA Board and also supports this project. 388 He believes the citizens of Lino Lakes will benefit from the YMCA and the rest of the proposed 389 downtown area and encouraged the City Council to support the project. 390 391 Pat Remersma, Vice President of Operations for the YMCA, St. Paul indicated many years ago Lino 392 Lakes Staff came to them with an idea to develop a downtown area and wanted YMCA to be a part of 393 it. She stated looking at the design Hartford put together she thinks it is a complete package, and on 394 behalf of the YMCA she is encourage the Council to support it. 395 396 Paul Tralle, 18 year resident stated he is also on the Planning and Zoning Board. He indicated he and 397 his family have been waiting a long time to spend money where they live, and this is a great project. 398 He indicated it is money very well spent in the community and he supports it completely. 399 400 Councilmember Reinert moved to continue the public hearing concerning the redevelopment contract 401 for Legacy at Wood's Edge. Councilmember Stoltz seconded the motion. 402 403 Councilmember Stoltz thanked all those that commented and expressed the great need for this project . 04 within the City. 05 406 Councilmember Carlson asked if the bridge is mentioned in Mn/Dot's 20 year plan. Community 407 Development Director Grochala stated neither bridge is in their 20 year plan. He indicated there has 408 been constant discussion with the County on how to pool resources. He stated the City is committed 409 to $2.4 million in improvements to Lake Drive to make this development work. He indicated the 410 County has argued that it makes sense to pool resources to do the entire interchange given the amount 411 of City resources that will be committed. He stated he understands it is in the County's 5 year CIP, 412 but would require City and Mn/Dot contributions, as there is still a gap in funding of about $3 413 million. He asked that the Council keep in mind these improvements are needed for development, 414 which cannot proceed without significant improvements to Lake Drive. He stated the interchange is a 415 different issue, but that is not on the Mn/Dot 20 year plan. 416 417 Councilmember Carlson indicated when looking at what they are getting in return for the money, she 418 believes senior housing is a big component, but they also need assisted living, and housing for seniors 419 who need to rent. She stated she feels it is time for Lino Lakes to provide this housing for their 420 seniors. 421 422 Motion carried unanimously. 423 424 Mayor Bergeson recessed the meeting at 9:35 p.m. The meeting was reconvened at 9:45 p.m. 425 426 D. Consideration of Resolution No. 04-138 Authorizing Application for Metropolitan M.427 Council Loan Program, Mary Divine 28 9 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED Economic Development Assistant Divine summarized the Staff report, indicating Staff is requesting 04429 30 approval of the resolution. 431 432 The Council questioned the difference between an AUAR, an EAW and an EIS in scope and cost. 433 Community Development Director Grochala advised an EAW usually starts the process, while an 434 AUAR usually covers more area than just the specific site being developed that is covered in an EIS. 435 He stated an EIS can cost $250,000 just for a small project and go up from there, whereas in this case 436 they are trying to keep the cost of the AUAR down to $250,000. 437 438 Councilmember Reinert moved to adopt Resolution No. 04-138 authorizing application for a 439 Metropolitan Council Planning Assistance Loan. Councilmember Stoltz seconded the motion. 440 441 Councilmember Carlson expressed her opposition based on concerns surrounding the size of this 442 study and some projects that may be included in the study. She stated with several large projects 443 coming through she thinks these funds should be coming from the developers and not from the City 444 or a loan from the Metropolitan Council. 445 446 Economic Development Assistant Divine advised there are some large projects that would have to do 447 an EIS or an EAW that would contribute to the cost of this AUAR. She explained the advantage of 448 an AUAR is that it covers a broad area versus several smaller areas being looked at separately without 449 considering what is happening outside their specific area. 450 451 Community Development Director Grochala added the City has a unique opportunity to be proactive Aig52 to lay things out on a broader scale. He thinks the Council will be very happy with the level of detail 53 of the AUAR. He stated they will not be ordering the AUAR until they are three or four months into 454 this, and will use that time to set up possible development scenarios that will be reviewed. He 455 indicated it is a cumulative study area and would include many development sites that would not 456 require an EIS or EAW on their own. 457 458 Economic Development Assistant Divine noted the AUAR would replace an EAW or EIS in the 459 instances where the development fits the approved development scenario of the AUAR and the 460 mitigation plan. 461 462 Mayor Bergeson stated in preparation of an AUAR, the 'what ifs' that are reviewed do not give 463 someone the inherent right to put a shopping center or anything else on the property. He indicated the 464 City needs to be proactive and take this approach. 465 466 Councilmember Stoltz agreed this is a proactive step and it is in the City's interest to look globally at 467 the area. He indicated from a finance perspective a $75,000 loan at 0% is a good deal for the City, 468 and it is really semantics if the developers pay up front for the study or after the fact. 469 470 Councilmember Dahl expressed concern with accepting money from the Metropolitan Council, 471 indicating she does not like to give anyone else control. 472 473 Mayor Bergeson reiterated the City is usually in a reactive mode, and this gives them an opportunity 474 to be proactive and show leadership with planning on the east side. He stated their neighbors to the M.475 east and west are leaving Lino Lakes behind, and the best opportunities are not coming here. He 76 thinks they have to move from being reactive to being ready for opportunity. 10 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 477 •78 Councilmember Reinert agreed it is a great opportunity to get ahead of the game. He asked Staff to 479 verify there are no strings attached if the City accepts this loan from the Metropolitan Council. 480 Economic Development Assistant Divine advised the money was authorized from the State 481 Legislature, who chose the Metropolitan Council to administer the loans. 482 483 Motion carried. Vote: 3:2 Councilmembers Carlson and Dahl opposed. 484 485 Resolution No. 04-138 can be found in the City Clerk's office. 486 487 E. Consideration of FIRST READING of Ordinance 03-04, Vacating Drainage and Utility 488 Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, Jim 489 Studenski 490 491 Councilmember Dahl moved to continue the request to vacate the drainage and utility easements for 492 Oak Brook Peninsula to October 25, 2004. Councilmember Stoltz seconded the motion. 493 494 Motion carried unanimously. 495 496 UNFINISHED BUSINESS 497 498 Councilmember Carlson noted she would like to vote no on the March 17, 2004 minutes because of 499 the length of time since they were received. She noted a change to the August 23, 2004 minutes, page moo 5, line 225 which should say `Richard Williams'. 01 502 Councilmember Carlson noted it appears the format has been changed on some of the notes and 503 public and City Council comments have been removed, and she believes there should have been a 504 vote on changing the format. 505 506 A. CONSIDERATION OF APPROVAL OF MINUTES OF MARCH 17, 2004 COUNCIL 507 WORK SESSION 508 509 Councilmember Stoltz moved to approve the minutes of the March 17, 2004 Council Work Session. 510 Councilmember Reinert seconded the motion. 511 512 Motion carried. Vote: 3:1:1. Councilmember Carlson opposed. Councilmember Dahl abstained. 513 514 B. CONSIDERATION OF APPROVAL OF MINUTES OF AUGUST 23, 2004 CITY 515 COUNCIL MEETING 516 517 C. CONSIDERATION OF APPROVAL OF MINUTES OF AUGUST 26, 2004 ANNUAL 518 BUDGET WORK SESSION 519 520 D. CONSIDERATION OF APPROVAL OF MINUTES OF SEPTEMBER 2, 2004 521 SPECIAL COUNCIL WORK SESSION, LEGACY PROJECT 522 . 23 Councilmember Reinert moved to approve Items B, C, and D, above, as corrected. Councilmember 24 Stoltz seconded the motion. 11 COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 525 •26 Motion carried unanimously. 527 528 NEW BUSINESS 529 530 There was none. 531 532 COMMUNITY CALENDAR September 27, 2004 THROUGH October 11, 2004: 533 534 A) CANCELLED Wednesday, September 29, 2004, 6:30 p.m., Environmental Board 535 Meeting 536 537 B) Monday, October 4, 2004, 6:30 p.m., Park Board Meeting 538 C) Wednesday, October 6, 2004, 5:30 p.m., Council Work Session 539 D) Thursday, October 7, 2004, 7:00 a.m., EDAC Meeting 540 E) Monday, October 12, 2004, 6:30 p.m., City Council Meeting 541 F) Monday, October 12, 2004, following the Council Meeting, EDA Meeting 542 . 43 ADJOURN 44 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 • There being no further business, Councilmember Stoltz moved to adjourn at 10:20 p.m. Councilmember Reinert seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, October 12, 2004, . Transcribed by: Karen Bucklen TimeSaver Off Site Secretarial, Inc. 12 John : ergeso , Mayor