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HomeMy WebLinkAbout10/12/2004 Council Minutes (2)APPROVED CITY OF LINO LAKES MINUTES 4 5 DATE : October 12, 2004 6 TIME STARTED : 6:38 P.M. 7 TIME ENDED : 9:26 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; Police Chief, Dave Pecchia; 14 Economic Development Assistant, Mary Alice Divine (part); and City Attorney, Bill Hawkins. 15 16 OPEN MIKE 17 18 There was none. 19 20 SETTING THE AGENDA 21 22 Councilmember Carlson asked to remove item 1D for separate consideration. Mayor Bergeson noted 23 that item would be heard under Unfinished Business. S24 25 The agenda was approved as amended. 26 27 Mayor Bergeson noted that following the City Council meeting, the EDA would meet. 28 29 CONSENT AGENDA 30 31 Councilmember Carlson moved to approve the Consent Agenda as amended. Councilmember Stoltz 32 seconded the motion. 33 34 Motion carried unanimously. 35 36 ITEM ACTION 37 38 A. CONSIDERATION OF EXPENDITURES: 39 40 i) October 12, 2004 (Check No. 72059 - 41 72243, $281,688.49). Approved 42 43 ii) Centennial Fire District (Check No. 14474 - 44 14491, $93,527.98). Approved 45 46 B. APPROVAL OF MINUTES OF Ai47 SEPTEMBER 13, 2004 CITY COUNCIL MEETING Approved 48 COUNCIL MINUTES October 12, 2004 APPROVED 49 C. APPROVAL OF MINUTES OF •50 SEPTEMBER 22, 2004 COUNCIL WORK SESSION Approved 51 52 D. APPROVAL OF MINUTES OF SEPTEMBER 27, 2004 53 CITY COUNCIL MEETING Removed 54 55 FINANCE DEPARTMENT REPORT, AL ROLEK 56 57 There was none. 58 59 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 60 61 A. Accept Resignation of Jon Rector, Public Services, Gordon Heitke 62 63 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval. 64 65 Mayor Bergeson moved to accept with regret and thanks the resignation of Jon Rector from the 66 Public Services Department. Councilmember Dahl seconded the motion. 67 68 Motion carried unanimously. 69 70 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 71 I72 A. Proclamation Declaring October to be Crime Prevention Month, Dave Pecchia 73 74 Police Chief Pecchia summarized the Staff report, indicating Staff recommends approval of the 75 Proclamation. 76 77 Councilmember Reinert moved approve the Proclamation proclaiming October to be Crime 78 Prevention Month 2004. Councilmember Dahl seconded the motion. 79 80 Motion carried unanimously. 81 82 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 83 84 There was none. 85 86 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 87 88 A. Consideration of FIRST READING of Ordinance No. 23-04, Vacating Drainage and 89 Utility Easements, Christopher Lee, 1049 Black Duck Court, Jim Studenski 90 91 City Engineer Studenski summarized the Staff report, indicating Staff is recommending approval of 92 the first reading. 93 94 Councilmember Carlson asked where the house is located. City Engineer Studenski responded it is .95 on the front portion of the lot, out of the existing drainage and utility easement. 96 2 COUNCIL MINUTES October 12, 2004 APPROVED 1,97 Mayor Bergeson opened the public hearing at 7:48 p.m. 98 99 Councilmember Stoltz moved to close the public hearing at 7:48 p.m. Councilmember Carlson 100 seconded the motion. 101 102 Motion carried unanimously. 103 104 City Engineer Studenski commented Staff received one call from the adjacent property owner, who 105 had no issues with this request. He also noted the applicant has contacted his neighbors and none of 106 them had objections. 107 108 Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 23-04 vacating a 109 Drainage and Utility Easement across Lot 13, Block 2, Black Duck Estates. Councilmember Carlson 110 seconded the motion. 111 112 Vote: Councilmember Reinert voted yea. Councilmember Carlson voted yea. Councilmember Dahl 113 voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. Motion carried. 114 115 Ordinance No. 23-04 can be found in the City Clerk's office. 116 117 B. Consideration of Resolution No. 04-148 Authorizing Acceptance of 2004 DNR Oak Wilt 118 Grant, Marty Asleson 119 M220 Marty Asleson presented the Staff report, indicating Staff recommends approval. 1 122 Councilmember Dahl moved to adopt Resolution No. 04-148 authorizing acceptance of the 2004 123 DNR Oak Wilt Grant. Councilmember Carlson seconded the motion. 124 125 Motion carried unanimously. 126 127 Resolution No. 04-148 can be found in the City Clerk's office. 128 129 C. West Shadow Ponds 2°d Addition, Dick Thompson 130 i. Consider FIRST READING of Ordinance No. 19-04, Rezoning Certain Real 131 Estate to R -1X, Single Family Executive 132 ii. Consideration of Resolution No. 04-95, Approving Preliminary Plat and MUSA 133 Allocation 134 135 Dick Thompson, TKDA, summarized the Staff report, indicating the recommendation is for approval. 136 137 Councilmember Carlson confirmed that grading done after the house is demolished will resolve any 138 of the engineer's outstanding issues. Mr. Thompson verified it would. 139 140 Councilmember Carlson moved to approve the FIRST READING of Ordinance No. 19-04, Rezoning 141 Certain Real Estate to R -1X, Single Family Executive, West Shadow Ponds 2nd Addition. 142 Councilmember Reinert seconded the motion. 043 3 COUNCIL MINUTES October 12, 2004 APPROVED 1.44 Motion carried. Councilmember Carlson voted yea. Councilmember Reinert voted yea. 45 Councilmember Dahl voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 146 147 Ordinance No. 19-04 can be found in the City Clerk's office. 148 149 Councilmember Stoltz moved to adopt Resolution No. 04-95 approving Preliminary Plat and the 150 allocation of 0.74 acres of MUSA Reserve for West Shadow Ponds 2nd Addition. Councilmember 151 Reinert seconded the motion. 152 153 Councilmember Dahl asked how much they have left in the MUSA reserve for 2005. Community 154 Development Director Grochala advised they have 36 acres per year they can allocate with up to a 155 20% fluctuation, and they have allocated 20.6 acres so far, with 15.4 acres remaining. 156 157 Motion carried unanimously. 158 159 Resolution No. 04-95 can be found in the City Clerk's office. 160 161 D. Pheasant Hills Preserve 12th Addition 162 i. Consider SECOND READING of Ordinance No. 22-04, Rezoning Property from 163 R -X to Residential / Planned Unit Development, Pheasant Hills Preserve 12th 164 Addition, Jeff Smyser 165 166 Community Development Director Grochala presented the Staff report, indicating Staff recommends 67 approval. i68 169 Councilmember Carlson moved to approve the SECOND READING of Ordinance No. 22-04 170 rezoning property from R -X to Residential / Planned Unit Development, Pheasant Hills Preserve 12th 171 Addition. Councilmember Dahl seconded the motion. 172 173 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 174 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted nay. 175 176 Ordinance No. 22-04 can be found in the City Clerk's office. 177 178 ii. Consideration of Resolution No. 04-149, Approving Development Agreement, 179 Pheasant Hills Preserve 12th Addition, Jim Studenski 180 181 City Engineer Studenski summarized the Staff report, indicating Staffs recommendation is to 182 approve the Development Agreement. 183 184 Councilmember Carlson asked for a definition for ABSOLUTE, as shown in the Development 185 Agreement. City Attorney Hawkins offered it means it is the City's decision completely, and if the 186 City is unhappy with the contractor for any reason they can state that, and the developer has no 187 recourse to challenge that decision. 188 189 Councilmember Carlson asked if the City has approved all the plans and done the preliminary . 90 inspections and videotaping necessary. City Engineer Studenski stated they have. 91 4 COUNCIL MINUTES October 12, 2004 APPROVED Amk192 Councilmember Dahl moved to adopt Resolution No. 04-149 approving the Development Agreement 193 for Pheasant Hills Preserve 12th Addition. Councilmember Reinert seconded the motion. 194 195 Mayor Bergeson commented he feels these were two separate actions, with the first being whether the 196 project should be approved, to which he voted no, although the action passed. He stated this second 197 action relates to details of how the project will be completed, to which he will vote in support of this 198 Development Agreement. He indicated the City has committed to this project and he thinks if it is 199 going to be done it is important that it happens in an orderly and efficient manner. 200 201 Motion carried unanimously. 202 203 E. Consideration of Resolution No. 04-139, Approving Redevelopment Contract for Legacy 204 at Woods Edge, Michael Grochala 205 206 Community Development Director Grochala summarized the Staff report, indicating Staff 207 recommends approval. 208 209 Steve Bubul, attorney and consultant for the City, summarized the terms of the Redevelopment 210 Contract, which explains how the land will be used and how it will be purchased. He advised they 211 have laid out a plan for how soon each phase of development within the TIF District must be built 212 out, and there are covenants concerning the housing units within the development, both in regard to 213 owner/occupancy, affordability, and creation of senior -only units. 214 Councilmember Carlson asked how many acres of City land and lands in the sandblasting site are 16 included, and how much the City paid for the portion of property they are selling. Community 217 Development Director Grochala advised there are 11.67 acres of City land and 29 acres from the 218 sandblasting site, with an original purchase price to the City of $1.79 per square foot in 1977. 219 220 Bill Griffith, Hartford Group, commented on how they felt they were meeting the City's requirements 221 for mix of housing and mix of owner/occupancy and rental options, and most recently with the 222 covenants they have created regarding property management. He stated this demonstrates their 223 continued desire to work with the City to deliver the kind of development the City has envisioned. 224 225 Mayor Bergeson reopened the public hearing at 7:37 p.m. 226 227 Councilmember Reinert moved to close the public hearing at 7:37 p.m. Councilmember Stoltz 228 seconded the motion. 229 230 Motion carried unanimously. 231 232 Councilmember Reinert moved to adopt Resolution No. 04 -approving a Redevelopment Contract for 233 Legacy at Woods Edge. Councilmember Stoltz seconded the motion. 234 235 Councilmember Carlson commented that overall she supports the project, but has concerns about the 236 senior building that was previously proposed, but is not part of the plan. She stated there are 237 unanswered questions, and she would like to know the entire plan before committing to the funding. . 38 She expressed concerns about licensing and maintenance of the rental units, and not having answers 39 from the Metropolitan Council or Mn/Dot on contributions to the funding for improvements. She 5 COUNCIL MINUTES October 12, 2004 APPROVED �40 stated they are getting $2.2 million for their property, but are giving back $2.7 million, and already 41 had $900,000 invested in the property, so she feels the City is losing money right from the start. She 242 indicated she supports the project overall, but is concerned about financing and cost. 243 244 Community Development Director Grochala noted the overall site plan has been approved, being 245 passed by Ordinance 04-04 in March of this year after going through the Environmental Board and 246 the Planning and Zoning Board. He indicated the property management company handling the rental 247 units will incorporate the City's requirements into their covenants. He stated as for rental licensing 248 there are some Staffing issues with that program, but if the Council directs Staff to look at such a 249 program they can pursue it. 250 251 Community Development Director Grochala advised the Staff has been notified they have moved into 252 the second round for the Metropolitan Council grant, and Staff is currently preparing additional 253 information. He noted, however, that the funding they have set up does not rely on that grant to be 254 successful. 255 256 Community Development Director Grochala further advised the $540,000 of Mn/Dot money is a 257 cooperative agreement, but it is a competitive process. He reiterated this project is not contingent on 258 receiving any Mn/Dot funding. He stated if Mn/Dot were doing Lake Drive, they do not know what 259 the Lino Lakes share would be, but there would be a share. He indicated the problem is that Lake 260 Drive is not on Mn/Dot's 20 -year plan, therefore they are trying to leverage dollars between 261 government agencies and get the most benefit. He stated this project is also providing infrastructure 262 to the YMCA, which has a direct impact to the community. He stressed that this is not a gift; it is a 063 collaborative effort with the developer to make this project work. He stated the developer is willing 64 to go out and buy the sandblasting site property to make the project work; something the City has not 265 been willing to do. 266 267 City Administrator Heitke asked for clarification if any tax dollars that residents are paying to the 268 City being given to this developer. Community Development Director Grochala responded no. 269 270 Councilmember Reinert stated there will be service costs the City will incur when this development 271 comes to fruition before they receive tax revenue from the portion in the TIF District. He indicated 272 the good thing about this project is only half of it is in TIF, and he believes the $290,000 in revenue 273 the portion not on TIF will generate is more than sufficient to cover the cost of those services. 274 275 Community Development Director Grochala noted it is difficult to put a finite number on the needs 276 for this development because what is needed here could have benefit to the rest of the City. He cited 277 a snowplow as an example, which may be needed to plow and remove snow from this development, 278 but would only be needed for a few hours per snowfall. He indicated the existence of an additional 279 snowplow in the city would benefit all those who live on cul-de-sacs that currently have to wait 280 longer to get their streets plowed. He stated another aspect that has not been mentioned is the 281 building permit revenue, which will generate almost a million dollars in revenue to offset the cost of 282 inspectors, clerical staff, etc. 283 284 Councilmember Stoltz thanked Staff for all the time they have spent answering his questions and 285 getting him up to speed on the issues surrounding this project. He stated he has tried to look at what a . 86 yes vote will do for Lino Lakes, commenting it will provide senior housing, affordable housing, more 87 shopping options, and improve the Lake Drive / I -35W corridor, which is greatly needed. He 6 COUNCIL MINUTES October 12, 2004 APPROVED 288 indicated it also will provide the necessary infrastructure for the YMCA. He believes they are taking 1.89 a property that is bringing the city no source of revenue and getting it on the tax rolls. He indicated 290 while the project is not perfect, the positive things it brings to the taxpayer are wonderful, and it is not 291 on the backs of the taxpayers to finance it. He thanked Staff for all their hard work, noting this is 292 something they can all be proud with which to have been involved. 293 294 Councilmember Reinert commented he likes the project because it is self -funding, and every dollar 295 that goes out comes back. He stated on top of that, the city will get Lake Drive and the YMCA 296 improvements out of the project, and without this development the City would be looking for dollars 297 to accomplish both of those things. He indicated TIF is a necessary part of putting something like 298 this together, and without this comprehensive plan for the area they would get piecemeal strip malls 299 and maybe an apartment building here or there. He stated the City has been working on this for a 300 long time and he cannot wait for it to get started. 301 302 Councilmember Dahl agreed the positive side of this is the YMCA, and the mix of housing they will 303 get that the city needs. She stated she would like more senior housing, but is confident that will 304 happen in time. She indicated she likes the community aspects of the plan, and noted she supports the 305 project except for the TIF component. She stated she has been on the Council for seven years and has 306 never supported TIF, because it is money the city never gets back. She indicated she has always been 307 a firm believer you pay your own way. She expressed that the Lake Drive / I -35W improvements 308 were a positive aspect, but that would have to be done any way. She stated she had concerns about 309 the length of TIF being 16 years. She thanked Staff for their patience in getting her information 310 during this process, but indicated that with the City's tax base not going down, and the length of the Ai11 TIF, she hopes Staff and the rest of the Council will understand and respect her vote. 12 313 Mayor Bergeson commented this is the culmination of a lot of efforts over the last 10 years, and he 314 thinks it is important they finish the plan that was started so long ago. He disagreed with the 315 comments that they do not get TIF back, as he feels they get it back many times in benefits to the city. 316 He noted that prior to Target and Kohl's going in there were concerns about the amount of TIF being 317 contributed, but since they have been open he hears only good comments. He thinks this is the right 318 thing to do, and thanked Staff and Mr. Bubul for the great negotiations they have done on behalf of 319 Lino Lakes. He thanked the developer and the Taggs for their patience and for coming together with 320 the city to make this work. 321 322 Community Development Director Grochala clarified that without this project the Lake Drive 323 improvements would have to be funded by general obligation bonds, but by doing this project they 324 are able to leverage the road improvements as well. 325 326 Elise Tagg, 7504 Lake Drive read a statement addressing the eight years of limbo they have lived in. 327 She talked about their cooperation with the process throughout the planning, and commented that she 328 feels sometimes the Council loses site of the fact that this is the City's project; neither she nor the 329 developer came to the City proposing a plan, but the City did come to them. She mentioned all the 330 benefits the City would be getting from this project, including a 323% increase in tax base. She 331 stated the City Staff, consultants and Hartford Group have exercised due diligence, and have 332 accomplished something better than any of them could ever have hoped. 333 . 34 Motion carried. Vote: 3:2 Councilmembers Carlson and Dahl opposed. 35 7 COUNCIL MINUTES October 12, 2004 APPROVED 336 Resolution No. 04-139 can be found in the City Clerk's office. .337 338 F. Consideration of Resolution No. 04-146, Requesting Cooperative Agreement with 339 Mn/Dot for Lake Drive / I -35W Ramp, Michael Grochala 340 341 Community Development Director Grochala presented the Staff report, indicating Staff recommends 342 approval. 343 344 Councilmember Carlson commented she hopes Mn/Dot will come forward with funding for Lino 345 Lakes because the amount being requested is just a small portion of what the City is committing to 346 spend. 347 348 Councilmember Carlson moved to adopt Resolution No. 04 -requesting a Cooperative Agreement with 349 Mn/Dot for Lake Drive / I -35W ramp. Councilmember Dahl seconded the motion. 350 351 Motion carried unanimously. 352 353 Resolution No. 04-146 can be found in the City Clerk's office. 354 355 G. Consideration of Resolution No. 04-147, Authorization of DSU contract for 35E 356 Corridor AUAR, Michael Grochala 357 358 Community Development Director Grochala summarized the Staff report, indicating Staff is . 59 recommending approval. 60 361 Councilmember Carlson questioned if the Environmental Board had seen this request and formed a 362 recommendation. Staff responded that it is more of a planning issue than an environmental issue, and 363 is also a City Council goal to do master planning for the I -35E corridor, therefore they felt it should 364 come to the City Council first. Community Development Director Grochala noted this is not 365 authorization for the AUAR, but to start the process to gather information. He indicated with 366 Hardwood Creek wanting to move forward they want to stay ahead of the process. Mayor Bergeson 367 agreed this was the proper order in which to present the request. 368 369 Community Development Director Grochala advised the cost for the AUAR would be through inter - 370 fund borrowing, which will be paid back through an assessment to the developer, who typically pays 371 for an EAW or EIS anyway. He reiterated the benefit is this looks at a much larger area as a whole 372 versus individual project sites. 373 374 Councilmember Reinert moved to adopt Resolution No. 04-147 authorizing the DSU contract for a 375 35E corridor AUAR. Councilmember Stoltz seconded the motion. 376 377 Councilmember Carlson expressed concern that they do not have a recommendation from the 378 Environmental Board on an environmental study, and that they are paying for it with City money, 379 even though she realizes they will recoup it. She was also concerned about having an approval for an 380 area that may be considered a blanket approval. 381 . 82 Community Development Director Grochala verified they are not using any tax dollars, but rather are 83 using trunk utility funds paid by the developers, and that it is not a blanket approval. He stated the 8 COUNCIL MINUTES October 12, 2004 APPROVED 384 positive aspect of this process is it brings the citizens in upfront for their input rather than reacting to 85 a developer with a plan. 386 387 Councilmember Reinert expressed support for the AUAR process as it covers the entire area and has 388 detail the level between an EAW and EIS so when small projects come in they receive information 389 they normally would not receive. 390 391 Councilmember Stoltz expressed support, indicating it becomes the City's tool, and the City decides 392 what goes into it. He stated it gives the City a nice framework to plan at the expense of the 393 developers. 394 395 Mayor Bergeson noted he thinks they need to be careful they do not inadvertently expand the role of 396 their boards by giving the notion that everything has to go before the boards and be approved at that 397 level before the City Council can take action. 398 399 Motion carried. Vote: 3:2 Councilmembers Carlson and Dahl opposed. 400 401 Resolution No. 04-147 can be found in the City Clerk's office. 402 403 H. Consideration of Resolution No. 04-150, Authorizing Transfer of Otter Lake Road - 404 Right of Way — to Anoka County, Michael Grochala 405 406 Community Development Director Grochala summarized the Staff report, indicating Staff 07 recommends approval. 08 409 Councilmember Reinert moved to adopt Resolution No. 04-135 calling for a public hearing to 410 consider a Development Agreement with Legacy Holdings Lino Lakes, LLC for Monday, September 411 27, 2004. Councilmember Stoltz seconded the motion. 412 413 Motion carried unanimously. 414 415 Resolution No. 04-150 can be found in the City Clerk's office. 416 417 UNFINISHED BUSINESS 418 419 A. Approval of Minutes of September 27, 2004 City Council Meeting 420 421 Councilmember Carlson asked that page 5, line 220 be changed to say `...maximum length for a cul - 422 de -sac is 500 feet...', and page 9, line 418 be changed to say ...assisted living, and housing for 423 seniors who need to rent.' 424 425 Councilmember Dahl moved to approve the minutes of the September 27, 2004 City Council Meeting 426 as amended. Councilmember Carlson seconded the motion. 427 428 Motion carried unanimously. 429 0330 NEW BUSINESS 1 9 COUNCIL MINUTES October 12, 2004 APPROVED 432 There was none. W33 434 COMMUNITY CALENDAR October 13 THROUGH October 25, 2004: 435 436 A) Wednesday, October 13, 2004, 6:30 p.m., Planning & Zoning Board Meeting 437 438 B) Thursday, October 14, 2004, 7:00 p.m., Charter Commission Meeting 439 440 C) Wednesday, October 20, 2004, 5:30 p.m., Council Work Session 441 F) Monday, October 25, 2004, 6:30 p.m., City Council Meeting 442 443 ADJOURN 444 445 There being no further business, Councilmember Stoltz moved to adjourn at 9:26 p.m. 446 Councilmember Reinert seconded the motion. 447 448 Motion carried unanimously. 449 450 These minutes were considered and approved at the regular Council Meeting, October 25, 2004. 451 452 453 1115 n Ann Blair, City CI=j Jo Berges , ayor 4 456 457 Transcribed by: 458 Karen Bucklen 459 TimeSaver Off Site Secretarial, Inc. 460 • 10