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HomeMy WebLinkAbout11/22/2004 Council Minutes• APPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : November 22, 2004 6 TIME STARTED : 6:35 P.M. 7 TIME ENDED : 8:32 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 Director of Finance, Al Rolek; and City Attorney, Bill Hawkins. 15 16 OPEN MIKE 17 18 There was none. 19 20 SETTING THE AGENDA 21 22 Councilmember Dahl asked to remove item 1 E for discussion at a work session. She indicated there 23 is a section missing. .24 25 Councilmember Carlson asked to remove item 1F for separate consideration as there is one small 26 correction that needs to be clarified. Mayor Bergeson noted that item would be heard under 27 Unfinished Business. 28 29 The agenda was approved as amended. 30 31 CONSENT AGENDA 32 33 Councilmember Carlson moved to approve the Consent Agenda as amended. Councilmember Stoltz 34 seconded the motion. 35 36 Motion carried unanimously. 37 38 ITEM ACTION 39 40 A. CONSIDERATION OF EXPENDITURES: 41 42 i) November 22, 2004 (Check No. 72454 - 43 72562, $909,550.96). Approved 44 45 ii) Centennial Fire District (Check No. 145092 - 46 14530, $11,039.82). Approved .47 48 B. APPROVAL OF APPLICATION TO CONDUCT COUNCIL MINUTES November 22, 2004 APPROVED 49 EXCLUDED BINGO, CENTENNIAL MIDDLE • 50 SCHOOL PTO Approved 51 52 C. CONSIDERATION OF RESOLUTION # 04-176 53 APPROVING PEDDLER'S LICENSE FOR GREG 54 MERRITT MARKETING SERVICES Approved 55 56 D. APPROVAL OF MINUTES OF OCTOBER 12, 2004 57 CLOSED COUNCIL MEETING Approved 58 59 E. APPROVAL OF MINUTES OF NOVEMBER 3, 2004 60 COUNCIL WORK SESSION Removed 61 62 F. APPROVAL OF MINUTES OF NOVEMBER 8, 2004 63 CITY COUNCIL MEETING Removed 64 65 FINANCE DEPARTMENT REPORT, AL ROLEK 66 67 A. Bond Rating Upgrade Award — Terri Heaton, Springsted, Inc. 68 69 Finance Director Rolek advised that the city recently received an upgraded credit rating during the 70 last bond sale. He introduced Terri Heaton from Springsted, Inc. to present an award to the city to 71 this regard. S72 73 Ms. Heaton advised how the ratings are determined, noting that an upgrade reflects the financial 74 security of the city, which translates into lower interest rates. She indicated this is the second time the 75 city has received an upgrade, which is unusual in such a short time. She stated this speaks to the 76 growth in the city, the diversity, and the quality of life. She indicated this rating reflects on not only 77 the decisions of this Council, but the positive actions of Councils five and even ten years ago. She 78 presented a plaque to the Mayor. 79 80 Mayor Bergeson commented that a lot of the credit should go to Finance Director Rolek and his team. 81 He thanked them and Springsted, Inc. 82 83 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 84 85 A. Recommendation for Reappointment of Harvey Karth on the Rice Creek Watershed 86 District Board of Managers 87 88 City Administrator Heitke summarized the Staff report, indicating Staff is recommending approval of 89 this reappointment. 90 91 Councilmember Dahl asked if the City would be sending in any names other than this one. 92 93 City Administrator Heitke indicated at the work session the Council decided not to send any other 94 names, so this is the only one. 095 2 COUNCIL MINUTES November 22, 2004 APPROVED 96 Councilmember Stoltz moved to recommend the reappointment of Harvey Karth on the Rice Creek • 97 Watershed District Board of Managers. Councilmember Dahl seconded the motion. 98 99 Motion carried unanimously. 100 101 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 102 103 There was none. 104 105 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 106 107 There was none. 108 109 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 110 111 A. Consider FIRST READING of Ordinance No. 03-04, Vacating Drainage and Utility 112 Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, Jim 113 Studenski 114 115 Mayor Bergeson noted that Staff is asking that this item be continued to December 20, 2004. 116 117 Councilmember Dahl moved to continue the FIRST READING of Ordinance No. 03-04 Vacating 118 Drainage and Utility Easements and Accepting New Easements, Oak Brook Peninsula until 19 December 20, 2004. Councilmember Carlson seconded the motion. 20 121 Motion carried unanimously. 122 123 B. Consideration of FIRST READING of Ordinance No. 24-04, Amending Ordinance 01- 124 03, Growth Management Policy, to Include Provisions for Conservation Development, 125 Jeff Smyser, City Planner, Jeff Schoenbauer, Brauer & Associates 126 127 City Planner Smyser summarized the Staff report, and introduced Jeff Schoenbauer from Brauer & 128 Associates. 129 130 Mr. Schoenbauer reviewed the proposed ordinance and the changes made. He explained the 131 differences between the traditional track for developers and the conservation track, and the benefits to 132 the City this ordinance could create. He further explained the ordinance using Fox Den as an 133 example, noting that Fox Den could have been approved under the traditional track; however using 134 the conservation track, the city reaps additional benefits, as does the developer. 135 136 Mr. Schoenbauer advised how this type of ordinance has benefited the city of Minnetonka, and the 137 further advantages Lino Lakes has due to their age and the amount of development still to be seen. 138 139 Councilmember Carlson asked about what changes were made in Fox Den based on the regulations of 140 a conservation development, and how it has affected the price of the homes in that development. 141 . 42 Mr. Schoenbauer stated the only changes are surrounding the creation of the endowment, and he 43 would guess that if the developers had to come in under a Traditional Development plan that 3 COUNCIL MINUTES November 22, 2004 APPROVED 1,44 endowment would not be possible. He indicated he is unsure what the price projections are for these 45 homes, but it is possible that what the city perceives as value added by using the Conservation track 146 would also be perceived as value to individual homeowners. He stated that in that case it is 147 conceivable that the prices could be higher. 148 149 Councilmember Carlson expressed concern that while there is a limit of 147 new homes per year 150 under the Traditional Development track, there is no limit under the Conservation Development track. 151 She stated she also feels the City Council cannot be arbitrary in what it approves or does not approve. 152 153 Mr. Schoenbauer stressed that the Council has complete discretion on how many homes they allow 154 and what types of developments they allow under the Conservation track, therefore it does not give 155 free reign to the developers. He stated that the growth limit of the city would remain at 147 units per 156 year unless the City Council determined there was enough public value added to allow more. He 157 stated there are also other control mechanisms in place for the City to utilize to control growth. 158 159 Marty Asleson, Environmental Coordinator, indicated the Board was very supportive of the proposal, 160 but there were a lot of questions. He stated the questions mainly centered on the numbers and the 161 issues involved with growth. He indicated he believes they determined that this ordinance was 162 meeting the goals of the Comprehensive Plan. 163 164 City Planner Smyser stated there was a lot of discussion at the Planning and Zoning Board meeting as 165 well, and they felt overwhelmingly that this was the best way for the City to go. He indicated the 166 vote was 5:1. .67 68 Councilmember Dahl asked for clarification on the endowment, which Mr. Schoenbauer provided. 169 170 Mayor Bergeson asked Staff to research and verify that they will not have a transition issue with the 171 number of approved homes if this ordinance is passed. 172 173 Rob Rafferty, 1573 Merganser Court indicated he was speaking here as a citizen, and not as a 174 member of the Planning and Zoning Board. He stated his support for the ordinance, noting that he 175 believes it is a very well thought out process and it was very proactive of Staff to have taken the 176 Comprehensive Plan to the next level while determining how to address the needs of the 177 Environmental Board in a very positive manner. He indicated that as they heard with the credit rating 178 upgrade, this provides another opportunity for this Council and the Councils that follow to make well 179 thought out decisions. He stated in his mind, master planning is the key to the success of the city. 180 181 Councilmember Stoltz moved to approve the FIRST READING of Ordinance No. 24-04 amending 182 Ordinance 01-03, Growth Management Policy as outlined in the Staff report. Councilmember Reinert 183 seconded the motion. 184 185 Councilmember Carlson commented she has concerns about changing the Comprehensive Plan, 186 which involved a great deal of public input, without getting additional public input now. She noted 187 that she is not sure if the roads can handle more than 147 new homes per year, and stated that the 188 MUSA allocation is supposed to be another control, but Lino Lakes would be able to get more MUSA 189 from the Metropolitan Council. She stated she would like to know who is going to pay for the 90 infrastructure of the city. W91 4 • COUNCIL MINUTES November 22, 2004 APPROVED 192 Councilmember Carlson read from a letter submitted by resident Art Hawkins, a conservationist who 1p93 had put part of his farm into a Land Trust so it could be conserved, and who expressed support for the 194 idea of Conservation Development, as he felt it was a tool to preserve open space and rural character. 195 However, Mr. Hawkins stated that allowing annual growth above and beyond the 147 units per year 196 was inconsistent with Conservation Development planning. He was concerned that it was a way of 197 getting around the Comprehensive Plan. Councilmember Carlson concurred with his views, and 198 expressed concern that the city should not bear the cost of infrastructure or additional homes without 199 help from Metropolitan Council funding and state funding. She felt a citizens' survey should be 200 conducted. 201 202 Councilmember Reinert stated he is in favor of this ordinance and thinks it is a great addition. He 203 indicated conservation development is all over the Comprehensive Plan and the goals of the 204 Comprehensive Plan. He stated the question is how do we pursue those goals, and they have found 205 one way here. He noted they only get one shot at developing Lino Lakes to the best of their ability, 206 and in twenty years no one will care about the number 147, but will care how the city looks and 207 works. He stated he believes that they do not have to do for all what they do for one with this plan 208 because it is designed to give the Council discretion. 209 210 Councilmember Stoltz indicated he believes all of the Council members are in favor of controlled 211 growth, and feels this is another tool they can use. He stated they have many other controls in place 212 as well. He indicated this City Council is very sympathetic to wanting to preserve blue and green 213 space, and this gives the City a tool to do so. 214 Ai 15 Mayor Bergeson commented that this ordinance is not about Fox Den, and Fox Den is only an 16 example of what can be done. He stated the reality is that two or three years from now, Fox Den will 217 be full of houses, and they can be there either through the use of traditional square lots and a few 218 neighborhood developments, or with a lot of open space and a design that makes a positive statement 219 about conservation development. He indicated the current Comprehensive Plan is the first plan the 220 city has had that limits growth, and when they did not limit growth, there was not an issue of rampant 221 development. 222 223 Councilmember Dahl indicated she was on the Planning and Zoning Board during the Comprehensive 224 Plan planning process. She stated she was for the slow growth of 70 homes a year, but compromised 225 and went to 147 homes per year. She indicated a concern they had then, which she holds now, is the 226 affect that increased growth would have on the schools. She stated this is an excellent plan, and 227 thanked Staff for taking the initiative, but believes there needs to be a phasing plan. 228 229 Community Development Director Grochala clarified that the ordinance as proposed does not change 230 the amount of land guided for development and does not change the MUSA. He indicated the Stage 1 231 and Stage 2 growth areas also stay the same. He added that any developments that came forward 232 would require a Comprehensive Plan Amendment for MUSA allocation. 233 234 City Attorney Hawkins opined that the City is offering developers the opportunity to come into this 235 program, but developers do not have to participate. He stated that because the developers choose to 236 come under this program the City is able to set the rules. He indicated he does not think you will ever 237 find two pieces of property that are exactly the same; therefore there should not be an issue of gm38 favoring one developer over another. He stated the language in the ordinance gives the City Council 39 a great deal of flexibility. 5 COUNCIL MINUTES November 22, 2004 APPROVED 740 Ipp41 Councilmember Stoltz noted that he gauges a lot of citizen opinions from the city's committees, and 242 he takes into consideration the fact that both the Environmental Board and the Planning and Zoning 243 Board approved this. 244 245 Vote: 3:2 Councilmember Stoltz voted yea. Councilmember Reinert voted yea. Mayor Bergeson 246 voted yea. Councilmember Carlson voted nay. Councilmember Dahl voted nay. Motion carried. 247 248 C. Consideration of Resolution No. 04-177, Approving Development Contract (grading 249 only), Highland Meadows East 2" Addition, Jim Studenski 250 251 City Engineer Studenski summarized the Staff report, stating that Staff supports the resolution. 252 253 Councilmember Reinert moved to adopt Resolution No. 04-177 approving Development Contract 254 (Grading Only) for Highland Meadows East 2nd Addition. Councilmember Dahl seconded the 255 motion. 256 257 Motion carried unanimously. 258 259 Resolution No. 04-177 can be found in the City Clerk's office. 260 261 D. Consideration of Resolution No. 04-178, Approving Final Payment, Century Trail Lift 262 Station, Jim Studenski e63 64 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 265 266 Councilmember Dahl moved to adopt Resolution No. 04-178 approving Final Payment, Century Trail 267 Lift Station. Councilmember Carlson seconded the motion. 268 269 Resolution No. 04-178 can be found in the City Clerk's office. 270 271 UNFINISHED BUSINESS 272 273 A. Approval of Minutes of November 8, 2004 City Council Meeting 274 275 Councilmember Carlson noted on page four, line 166 it should say `...one with concerns that...'. 276 277 Councilmember Carlson moved to approve the minutes of the November 8, 2004 City Council 278 Meeting. Councilmember Stoltz seconded the motion. 279 280 Motion carried unanimously. 281 282 NEW BUSINESS 283 284 There was none. 285 086 COMMUNITY CALENDAR November 9 THROUGH November 22, 2004: 87 6 COUNCIL MINUTES November 22, 2004 APPROVED Aik88 A) Thursday and Friday, November 25-26, 2004, City Hall Closed, Thanksgiving 89 Holiday 290 291 B) Thursday, December 2, 2004, 7:00 a.m., EDAC Meeting 292 293 C) Thursday, December 2, 2004, 6:30 p.m., AUAR Advisory Committee, Community 294 Room 295 296 D) Monday, December 6, 2004, Park Board Meeting 297 298 E) Wednesday, December 8, 2004, 5:30 p.m., Council Work Session 299 F) Wednesday, December 8, 2004, 6:30 p.m., Planning & Zoning Board Meeting 300 G) Monday, December 13, 2004, 6:00 p.m., Truth -in -Taxation Hearing 301 302 H) Monday, December 13, 2004, 6:30 p.m., City Council Meeting 303 304 ADJOURN 305 306 There being no further business, Councilmember Carlson moved to adjourn at 8:32 p.m. Mayor 307 Bergeson seconded the motion. 308 009 Motion carried unanimously. 10 311 These minutes were considered and approved at the regular Council Meeting, December 13, 2004. 312 313 314 315' 316 Ann Blair, Ci Clerk John ergeso , Mayor 317 318 Transcribed by: 319 Karen Bucklen 320 TimeSaver Off Site Secretarial, Inc. 321 • 7