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CITY COUNCIL WORK SESSION
APPROVED
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
CITY OF LINO LAKES
MINUTES
NOVEMBER 3, 2004
: November 3, 2004
. 5:37 p.m.
. 8:31 p.m.
: Councilmember Carlson, Dahl,
Reinert and Mayor Bergeson
: Stoltz
Staff members present: City Administrator, Gordon Heitke; Community Development
Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser;
Environmental Specialist, Marty Asleson (part); and Chief of Police, Dave Pecchia (part)
EXTENSION OF VLAWMO JOINT POWERS AGREEMENT, GORDON
HEITKE, JEFF MCDOWELL
City Administrator Heitke advised the Vadnais Lake Area Water Management
Organization (VLAWMO) was established in 1983 to meet the requirements of the
Metropolitan Surface Water Management Act and consists of six cities and the St. Paul
Water Utility. VLAWMO acts as the Local Government Unit (LGU) in the
administration of Wetland Conservation Act for the six cities and promotes preservation
of natural surface and groundwater systems. Since its inception in 1983, the organization
has reviewed development plans to ensure compliance with the Wetland Conservation
Act, promoted public education programs, sponsored ongoing water quality testing
programs and worked with other agencies to resolve wetland impact issues.
Mr. Jeff McDowell, Lino Lakes representative of VLAWMO, advised the current Joint
Powers Agreement, which authorizes VLAWMO to act for the six cities and St. Paul
Water Utility, is set to expire on January 1, 2005. In the past, the members have extended
the Joint Powers Agreement by five years each time it expired, but VLAWMO is
requesting that each member consider authorizing the extension for only one year at this
time. The reason for the one-year extension would allow time for study and alternatives
for the future and the one-year extension would allow time for study and formulation of a
recommendation for future operation. Since many of the functions performed by
VLAWMO are also accomplished by cities directly or by adjoining Watershed Districts,
it may be advisable to combine VLAWMO with one of the adjoining Watershed Districts
(Rice Creek Watershed District or Ramsey Washington Metro Watershed District). By
combining watershed organizations there may be financial as well as service advantages.
Mr. McDowell advised the VLAWMO is requesting that the City Council authorize
extension of the Joint Powers Agreement to January 1, 2006. VLAWMO will be
discussing the possibility of merging with another watershed organization during the next
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CITY COUNCIL WORK SESSION NOVEMBER 3, 2004
APPROVED
1 year. VLAWMO and the cities will need to review various legislative requirements and
2 determine the best way to meet obligations mandated by State and Federal statutes in the
3 future.
4
5 Mayor Bergeson asked Mr. McDowell to update the Council regarding VLAWMO's
6 discussions in relation to merging with another watershed organization.
7
8 Councilmember Carlson stated she would also like to know how the other cities feel
9 about merging with another organization. She also suggested property owners that are
10 affected be informed about the possible merger.
11
12 This item will appear on the regular Council agenda Monday, November 8, 2004, 6:30
13 p.m.
14
15 GROWTH MANAGEMENT ORDINANCE AMENDMENT/CONSERVATION
16 DEVELOPMENT, JEFF SHOENBAUER, MICHAEL GROCHALA, JEFF
17 SMYSER
18
19 Community Development Director Grochala advised the City Council approved the
20 Parks, Natural Open Space/Greenways and Trail System Plan in August. The top priority
21 of the plan is the creation and preservation of greenways. This echoes the direction in the
22 comprehensive plan to establish greenway corridors. The main way to achieve this is the
23 use of conservation development. Conservation development is a means to achieve
24 higher public values than would be the case under a conventional development approach.
25 Toward this end, staff is proposing revisions to the growth management policy. The
26 spirit of the revisions is to encourage the type of development that meets the highest goals
27 of the Comprehensive Plan and the recently completed parks and open space plan.
28
29 Community Development Director Grochala referred to the proposed ordinance
30 amendment noting the two options:
31
32 • Option 1 would exempt conservation development from the growth restrictions.
33 That is, a conservation development would be subject to neither the annual
34 MUSA allocation limit (36 acres per year) nor the units restriction (147 per year
35 or 1029 total for Stage 1).
36
37 • Option 2 allows a conservation development to final plat lots/units two years in
38 advance of its approved phasing plan. That is, it would still have a phasing plan
39 but the number of lots/units in the phasing plans could be moved ahead by two
40 years. In effect, the first three years of units could be final planned in one year.
41
42 Community Development Director Grochala advised the Planning & Zoning Board held a
43 public hearing on the policy amendments on October 13. The Environmental Board
44 considered them on October 27. The Boards considered both of the amendment options.
45 Both Boards recommended approval of Option 1, exempting conservation development
46 from annual limits to give the City Council more discretion in approving housing above
47 the stipulated growth limits.
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CITY COUNCIL WORK SESSION NOVEMBER 3, 2004
APPROVED
1
2 Community Development Director Grochala stated staff is presenting the draft
3 amendments now to allow time for Council consideration and feedback. Staff anticipates
4 bringing the first reading to the Council at the November 22nd meeting. Staff also hopes
5 to have the Fox Den Acres project on the same agenda.
6
7 Mr. Jeff Shoenbauer advised staff is not suggesting the City disregard the current City
8 ordinances regulating growth. "Conventional development" is defined as a development
9 proposal that meets the minimum requirements of the City's ordinances regulating
10 subdivision and platting, zoning, street standards, and other pertinent requirements.
11 "Conservation development" refers to a collaborative process in which certain stipulated
12 public values are sought in exchange for greater flexibility on general development
13 requirements and the growth limits defined under the policy.
14
15 Mr. Shoenbauer reviewed a working example of greenways, trails and stewardship within
16 the plan as well as the Fox Den conventional proposal. The conservation plan includes
17 approximately 28 acres of open space that would be controlled and maintained. He
18 reviewed the goals achieved within the plan along with the proposed commitments to the
19 developer. He noted the most important commitment to the developer is approval to
20 deviate from the City's current Growth Management Plan.
21
22 Mr. Shoenbauer stated the Fox Den acres project offers a good opportunity to implement
23 the new parks and open space plan through the use of a conservation development. The
24 project is going through a very collaborative process that includes City staff, the Rice
25 Creek Watershed District, and the developer. The design includes such things as filling
26 and moving lower quality wetlands in order to preserve and increase higher quality
27 wetlands and upland areas. The overall gain in public value will be positive.
28
29 Mr. Shoenbauer recommended the City amend the Growth Management Policy to
30 accommodate conservation development.
31
32 Community Development Director Grochala stated staff does have the two options for
33 amending the Growth Management Policy. All growth restrictions would still apply for
34 conventional development. The proposed amendments include eliminating the
35 discretionary 20% additional annual growth for conventional development. The
36 amendment would only exempt conservation development from the growth restrictions or
37 annual MUSA allocation limit. The City would still have controls such as the Stage 1
38 and Stage 2 growth boundaries. These are areas within which growth is to occur. The
39 total MUSA reserve for Stage 1 would still apply and cannot be exceeded because that is
40 what the City received from the Metropolitan Council. The prohibition on premature
41 development would also still apply. The subdivision ordinance prohibits premature
42 development to ensure adequate infrastructure exists to support new residential
43 development.
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45 Mr. Shoenbauer advised a list of public values within the amendment have been added to
46 discuss with developers early in the process. City Boards and the City Council should
47 then review a preliminary concept plan and determine if the project meets the City's
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CITY COUNCIL WORK SESSION NOVEMBER 3, 2004
APPROVED
1 goals. If a plan does not meet the City's goals, development can go through the
2 conventional development process.
3
4 Mr. Shoenbauer suggested the City adopt a two -track system on a prototype basis. The
5 Council could approve the amendment for a two-year period to see how well the
6 approach works. The Council could then review the amendment after the two-year period
7 to determine if the two tracks are beneficial to the City.
8
9 City Planner Smyser noted the 147 number within the Comprehensive Plan was
10 determined because residents wanted to conserve open space as well as the environment.
11 The Community has expressed the desire to preserve open space and natural features.
12 Slowing growth may delay destruction of those elements, but it does not preserve them.
13 Conservation development results in higher quality developments that preserve the
14 natural features and open space.
15
16 Mayor Bergeson suggested the amendment be reviewed and voted on prior to action on
17 the Fox Den development proposal. He also suggested Mr. Shoenbauer attend the
18 Council work session on November 17, 2004 for additional discussion on this issue.
19
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21 REGULAR AGENDA ITEMS
22
23 Item 6C, regarding repair of Judicial Ditch No. 2 (Hardwood Creek,) was discussed.
24
25 Community Development Director Grochala and Rice Creek Watershed District Board
26 Member Harvey Karth presented information to the Council regarding this item,
27 Consideration of Resolution No. 04-173 In Support of Stable Stream Rehabilitation /
28 JD2, Hardwood Creek / Rice Creek Watershed.
29
30 Community Development Director Grochala reviewed the staff report on this item,
31 indicating that the ditch needed repair, and the proposed action involved passing a
32 resolution in support of the proposed rehabilitation project. He stated the project repair
33 alternative that was being recommended by Staff was a stable stream rehabilitation
34 method, which was believed to have the most benefit and the least negative impact. He
35 noted that the actual project would be taking place within the City of Hugo — however,
36 the impact would affect Lino Lakes, and the Rice Creek Chain of Lakes. Therefore the
37 Council's consideration was important.
38
39 Lake Peltier in Lino Lakes was the most affected from the standpoint of water quality.
40 Board Member Karth explained that the ditch fills in from the bottom, and therefore
41 traditional repair is not a good option. A section of the ditch had been dug out, and
42 within 6 months, it filled up again. He felt if the stable stream method of repair were not
43 chosen, Lake Peltier would not be helped by the repair. He stated the quantity of water
44 and the quality of water were the most important considerations. If no action were taken,
45 there could be a violation of the Clean Water Act, and then the matter would be taken out
46 of local hands.
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CITY COUNCIL WORK SESSION NOVEMBER 3, 2004
APPROVED
1 Board Member Karth pointed out the proposed stable stream option allowed the use of
2 $800,000 worth of grant money, taking the cost down from $2 million to $1.2 million.
3 This was not the case if the other options were chosen.
4
5 Community Development Director Grochala indicated the Environmental Board had
6 considered this action and recommended approval.
7
8 This item will be considered at the regular meeting of the City Council on November 8,
9 2004.
10
11 CONSIDER RICE CREEK WATERSHED DISTRICT BOARD NOMINATION,
12 GORDON HEITKE
13
14 City Administrator Heitke advised the City of Lino Lakes has been given official notice
15 from Anoka County of the January 17, 2005 expiration of the term of Mr. Harvey Karth
16 on the Rice Creek Watershed District Board of Directors. Minnesota Statues provide an
17 opportunity to submit a list of names at least 60 days prior to the expiration of the
18 manager's term, from which the County Board shall appoint a manager.
19
20 City Administrator Heitke referred to and reviewed a letter from the County outlining the
21 process for appointing managers for a watershed district noting the County can appoint
22 someone even if the City does not submit a list of nominations.
23
24 Council directed staff to contact the County regarding the number of applicants
25 from Lino Lakes. An update will be provided prior to the next Council work
26 session.
27 CONTINUATION OF REGULAR AGENDA ITEMS
28 Item 5B, Consideration of Resolution No. 04 — 145, Awarding Lease Agreement to Farm
29 Property at Centerville Road and Birch Street — Council directed staff to confirm that the
30 lease was advertised in the paper. Council also requested information on market rates for
31 leasing farmland within the City of Lino Lakes and total acreage. Staff will provide that
32 information in the Friday update.
33
34 City Administrator Heitke distributed a draft 2004 General Election Summary.
35
36 Council directed staff to determine a type of acknowledgment from the City to staff and
37 the election judges for their hard work on Election Day.
38
39 There were no other changes to the regular agenda.
40
41 The meeting was adjourned at 8:31 p.m.
42
43 These minutes were considered, corrected and approved at the regular Council meeting held on
44 December 13, 2004.
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2 Ann Blair, Ci , Clerk
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6 Transcribed by:
7 Kim Points
8 TimeSaver Off Site Secretarial, Inc.
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CITY COUNCIL WORK SESSION
APPROVED
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NOVEMBER 3, 2004
John'Berge n a y
or