Loading...
HomeMy WebLinkAbout12/13/2004 Council MinutesAh 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 •25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 •48 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT APPROVED CITY OF LINO LAKES MINUTES : December 13, 2004 . 6:58 P.M. . 8:35 P.M. : Councilmembers Carlson, Dahl, Reinert, Stoltz and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; City Clerk, Ann Blair; Assistant City Administrator, Dan Tesch (part); Community Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner Jeff Smyser; Director of Finance, Al Rolek; and City Attorney, Bill Hawkins. OPEN MIKE There was none. SETTING THE AGENDA Councilmember Carlson noted that the memo the Council received labeled 3B should actually be 3C. The agenda was approved as presented. CONSENT AGENDA Councilmember Reinert moved to approve the Consent Agenda as amended. Councilmember Stoltz seconded the motion. Motion carried unanimously. ITEM ACTION A. CONSIDERATION OF EXPENDITURES: i) December 13, 2004 (Check No. 72563 — 72681, $213,835.64). ii) Centennial Fire District (Check No. 14531 — 14550, $6,785.83). B. APPROVAL OF MINUTES OF NOVEMBER COUNCIL WORK SESSION C. APPROVAL OF MINUTES OF NOVEMBER CITY COUNCIL MEETING 17, 2004 22, 2004 Approved Approved Approved Approved COUNCIL MINUTES December 13, 2004 APPROVED 49 50 D. CONSIDERATION OF RESOLUTION No. 04-195 • 51 APPROVING JOINT POWERS AGREEMENT — 52 INFORMATION TECHNOLOGY PARTNERSHIP Approved 53 54 E. AUTHORIZATION FOR PREPARATION OF 55 PAVEMENT MANAGEMENT PLAN FINANCING 56 STUDY BY SPRINGSTED, INC. Approved 57 58 F. CONSIDERATION OF APPROVAL OF REVISED 59 DRAFT MINUTES OF NOVEMBER 3, 2004 60 COUNCIL WORK SESSION Approved 61 62 Community Development Director Grochala noted that on the wall is a check that was presented to 63 the City by Congressman Mark Kennedy for $250,000. He stated the purpose of the money is to 64 assist with the 35W and CSAH 14 Interchange. He indicated this is something the City has been 65 working on for quite some time, and the funds can be used to kick off the engineering and design for 66 that interchange. 67 68 FINANCE DEPARTMENT REPORT, AL ROLEK 69 70 There was none. 71 72 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH .73 74 A. Consideration of FIRST READING of Ordinance No. 25-04 Establishing Fee Schedule 75 76 City Administrator Heitke summarized the Staff report, indicating Staff is recommending approval. 77 78 Mayor Bergeson opened the public hearing at 7:05 p.m. There was no one present who wished to 79 speak. 80 81 Councilmember Dahl moved to close the public hearing at 7:05 p.m. Councilmember Carlson 82 seconded the motion. 83 84 Motion carried unanimously. 85 86 Councilmember Dahl moved to approve the FIRST READING of Ordinance No. 25-04 Establishing 87 Fee Schedule. Councilmember Reinert seconded the motion. 88 89 Motion carried. Councilmember Dahl voted yea. Councilmember Reinert voted yea. 90 Councilmember Carlson voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 91 92 B. Consideration of L.E.L.S. Contract 2004-2006 93 94 Assistant City Administrator Tesch summarized the Staff report, indicating Staff is recommending 95 approval of the contract. •96 COUNCIL MINUTES December 13, 2004 APPROVED 97 Councilmember Reinert moved to approve the three-year contract with L.E.L.S. as proposed in the 98 Staff report. Councilmember Dahl seconded the motion. • 99 100 Councilmember Carlson commented that she really appreciates what the police do in the community. 101 She spoke of a personal incident she witnessed, and how well-trained the officers were that were 102 involved. 103 104 Motion carried unanimously. 105 106 C. Consideration of Conditional Offer of Employment for General Maintenance Street 107 Position 108 109 Assistant City Administrator Tesch summarized the Staff report, indicating Staff is recommending 110 approval of the Conditional Offer of Employment to Mr. Terry Meckle. 111 112 Councilmember Carlson moved to recommend a conditional offer of employment to Mr. Terry 113 Meckle for General Maintenance in the Streets Division of Public Services. Councilmember Dahl 114 seconded the motion. 115 116 Motion carried unanimously. 117 118 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 119 120 A. Consideration of Resolution No. 04-183, Authorizing Expenditure of Drug Forfeiture AN21 Funds for Treadmill in Police Department Wellness Room 22 123 Police Chief Pecchia reviewed the Staff report, indicating Staff is requesting approval of Resolution 124 No. 04-183. 125 126 Councilmember Reinert moved to adopt Resolution No. 04-183 authorizing expenditure of drug 127 forfeiture funds for treadmill in Police Department Wellness Room. Councilmember Stoltz seconded 128 the motion. 129 130 Motion carried unanimously. 131 132 Resolution No. 04-183 can be found in the City Clerk's office. 133 134 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 135 136 There was none. 137 138 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 139 140 B. Consideration of Resolution No. 04-180, Approving Variance, St. Paul Water Utility, 141 Jeff Smyser 142 143 City Planner Smyser summarized the Staff report, stating that Staff supports the resolution. 11044 3 COUNCIL MINUTES December 13, 2004 APPROVED 145 Councilmember Stoltz moved to adopt Resolution No. 04-180 approving variance request for lot area, 146 lot width, and road frontage for St. Paul Regional Water Services. Councilmember Dahl seconded •147 the motion. 148 149 Motion carried unanimously. 150 151 Resolution No. 04-180 can be found in the City Clerk's office. 152 153 A. Consideration of SECOND READING of Ordinance No. 24-04, Amending Ordinance 154 01-03, Growth Management Policy, to Include Provisions for Conservation 155 Development, Jeff Smyser, City Planner, Jeff Schoenbauer, Commissioner Brauer & 156 Associates 157 158 City Planner Smyser summarized the Staff report, and introduced Jeff Schoenbauer from 159 Commissioner Brauer & Associates. 160 161 Mr. Schoenbauer reviewed the changes to the ordinance, noting there are 102 goals and policies 162 within the Comprehensive Plan. He stated this gives the City a tool to manage growth in an effective 163 way, and noted that the Park and Recreation Commission and the Environmental Board both 164 overwhelmingly endorsed this ordinance. 165 166 City Administrator Heitke noted that the Council has at their places a letter from the Superintendent 167 of the Centennial School District. He indicated at the November 20th meeting there was a comment 168 about growth having a negative impact on the school district. He stated this letter indicates the school 169 district has the capacity to handle growth and that having more students actually results in more W70 funding for the schools. 171 172 Councilmember Reinert moved to approve the SECOND READING of Ordinance No. 24-04 173 amending Ordinance No. 01-03, Growth Management Policy. Councilmember Stoltz seconded the 174 motion. 175 176 Councilmember Carlson noted the City has approved 165 homes to -date for 2005 and there are 6 177 more pending that could be approved. She read several items and submitted them for the record, 178 including comments from the Comprehensive Plan, campaign material, and candidate answers to 179 questions in the Quad Press. She stated while the Council should not get hung up on a number, the 180 basis of the Comprehensive Plan is 147, indicating the current Comprehensive Plan was officially 181 adopted in 2002, which is not long ago. She expressed concern that the City is being pressed by 182 many entities to develop. She stated that she believes this ordinance will pass, which puts her in a 183 dilemma because they will have an ordinance that says one thing, but a Comprehensive Plan that does 184 not support it, and which requires a 4/5 vote to change. 185 186 Councilmember Dahl commented on the letter from the Superintendent of the school district, noting 187 that it is good to know the school system is keeping up with growth. She agreed it feels as if the City 188 is being pushed to higher growth, and commented that Fox Den is actually gaining one lot by 189 submitting a conservation plan. She stated she would like a new citizen survey before they make 190 changes to the Comprehensive Plan. She indicated she could believe this was another tool in their 191 toolbox if they were not circumventing the Comprehensive Plan, which says 147 a year. She stated 092 maybe if this was phased in she could support it. 4 COUNCIL MINUTES December 13, 2004 APPROVED 193 194 Councilmember Reinert expressed that they have heard a lot of the number 147, but that number can •195 be pushed by 20%, and has been, so the City has actually been building almost 180 homes a year. He 196 stated all those homes are conventional developments, which means the 102 goals in the 197 Comprehensive Plan will never be accomplished, and are nothing more than a wish list. He 198 commented the new ordinance holds the number at 147, which is upholding the Comprehensive Plan, 199 and anything above that is conservation that would provide good things for the City of Lino Lakes. 200 He stated they could have cookie cutter developments or have creative developments that preserve the 201 environment; they could be politically popular and say they are protecting the Comprehensive Plan or 202 can be good planners. 203 204 Councilmember Stoltz thanked Councilmember Carlson for bringing the campaign materials. He 205 indicated when he campaigned he did not understand the 147, but he understood responsible 206 development. He commented that the Planning and Zoning Board and the Environmental Board both 207 voted in favor of this and they are citizens. He indicated just saying 147 is haphazard growth, 208 whereas he is for restrictive growth and open space. He noted Lino Lakes is not creating something 209 new. This tool is used in other cities successfully. He stated it does not mean the City will have 210 increased growth; it is simply a tool to pull out when they have good developments that meet the 211 goals of what they want for the city. He stated the people want the Council to be intentional, and this 212 ordinance does that. 213 214 Mayor Bergeson indicated that while the Comprehensive Plan was based on input from the citizen 215 survey and the Comprehensive Plan Task Force, seven years later they cannot base all of their 216 decisions on those opinions. He stated they also need to consider the opinions of their citizen boards NW17 that overwhelmingly supported this ordinance as an option. He commented he believes they are 18 simply fine tuning the original goals that are in the Comprehensive Plan. He stated this is about more 219 than the number 147, it is about the environment, growth and direction of the City, and they need to 220 consider their Comprehensive Plan as a whole, and not just pick out a few pages. He indicated he 221 believes this provides refinement and improvement in how they administer the goals and policies of 222 the Comprehensive Plan. 223 224 Community Development Director Grochala clarified the changes to the Growth Management 225 Ordinance does not change the Land Use Plan, or the amount of MUSA the City has. He stated they 226 are only providing for an alternative method for development within the same 300 acres in Lino 227 Lakes. He indicated this gives a developer the opportunity to go through a more stringent process in 228 exchange for timing, and gives the City more public values and stewardship of amenities. He agreed 229 they are not opening the flood gates, and stated Staff does not feel there is developer pressure to do 230 this. He stated there is more citizen pressure, as Staff is always hearing that residents are not seeing 231 the kind of residential development they want to see, and not seeing the environmental amenities they 232 want to see. 233 234 Mr. Schoenbauer clarified that with the Fox Den proposal it is contingent on this ordinance passing; 235 the Council cannot have it both ways. 236 237 Councilmember Carlson asked for clarification on the 300 acres Staff mentioned. Community 238 Development Director Grochala indicated that is based on mapping. He indicated there are 176 acres 239within the existing MUSA line and 130 acres of MUSA reserve available. He noted that some of 040 those acres may be five -acre lots with an existing house on the property, but five -acre parcels were 5 COUNCIL MINUTES December 13, 2004 APPROVED 241 the threshold Staff used. He noted that while they could request more MUSA from the Metropolitan 242 Council, that option is currently available as well, and is always an inherent right of the property •243 owner to make that request. 244 245 City Administrator Heitke asked for the opinion of the City Attorney on the concern about legality 246 issues or challenges. 247 248 City Attorney Hawkins indicated he has no concerns with this ordinance, and believes it is allowed by 249 the City's Comprehensive Plan. He stated as mentioned there are 102 sections in the Comprehensive 250 Plan being addressed, and he does not believe they are changing the Comprehensive Plan, which 251 would require a separate action by the City Council. 252 253 Mayor Bergeson clarified that while Fox Den embraces the concepts being proposed, they should not 254 base their decision on that development. He stated each Council Member needs to determine if the 255 concepts being proposed are what they want for the community. 256 257 Vote: 3:2 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson 258 voted yea. Councilmember Carlson voted nay. Councilmember Dahl voted nay. Motion carried. 259 260 Ordinance No. 24-04 can be found in the City Clerk's office. 261 262 C. Consideration of Resolution No. 04-182, Authorizing Preliminary Engineering Design, 263 Lake Drive/I-35W Interchange Improvements, Michael Grochala 264 w65 Community Development Director Grochala summarized the Staff report, indicating Staff 66 recommends approval. 267 268 Councilmember Carlson indicated that based on what is happening in Centerville, she is receiving 269 questions on how the City will provide access during the construction, and who will pay for that 270 access. 271 272 Community Development Director Grochala agreed it is a major issue, and gave the options 273 available. He stated the most likely plan is to build half the bridge during one construction season 274 and the other half during the second construction season. He indicated because of the dollar amount 275 involved there is a consideration of shutting it down and getting it done, but with the business 276 concerns as well as routing concerns it will likely be done a half at a time. He stated a key will be 277 getting those funding sources from Anoka County and Mn/Dot, and Staff would hope to avoid getting 278 to the point of having to determine the extra dollars involved and making a decision on who pays for 279 what. He noted the City has a significant commitment to improve Lake Drive because of the Legacy 280 at Wood's Edge development. He stated Staff will turn over every stone for funding, including 281 approaching the larger retailers if necessary. 282 283 Councilmember Reinert moved to adopt Resolution No. 04-182 authorizing preliminary design, Lake 284 Drive/I-35W Interchange improvements. Councilmember Stoltz seconded the motion. 285 286 Motion carried unanimously. 287 •88 Resolution No. 04-182 can be found in the City Clerk's office. 6 COUNCIL MINUTES December 13, 2004 APPROVED 289 290 D. Consideration of Resolution No. 04-181, Authorizing Holly Drive Easement Acquisition, •291 Jim Studenski 292 293 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. He 294 reviewed the negotiation process with the homeowners, and commented that the City has agreement 295 with both property owners involved. He stated it has been approved by the City Attorney and follows 296 the feasibility study. 297 298 Councilmember Carlson moved to adopt Resolution No. 04-181 authorizing Holly Drive easement 299 acquisition. Councilmember Reinert seconded the motion. 300 301 Resolution No. 04-181 can be found in the City Clerk's office. 302 303 UNFINISHED BUSINESS 304 305 There was none. 306 307 NEW BUSINESS 308 309 There was none. 310 311 COMMUNITY CALENDAR December 14 THROUGH December 20, 2004: 312 13 A) Wednesday, December 15, 2004, 5:30 p.m., Council Work Session W14 315 B) Monday, December 20, 2004, 5:45 p.m., EDA Meeting 316 317 C) Monday, December 20, 2004, 6:00 p.m., City Council Meeting 318 319 ADJOURN 320 321 There being no further business, Councilmember Carlson moved to adjourn at 8:35 p.m. 322 Councilmember Stoltz seconded the motion. 323 324 Motion carried unanimously. 325 326 These minutes were considered and approved at the regular Council Meeting, January 10, 2005. 327 328 329 330 331 Ann Blai City Clerk John B geson ay 332 333 334 335 036 Transcribed by: Karen Bucklen TimeSaver Off Site Secretarial, Inc. 7