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HomeMy WebLinkAbout01/10/2005 Council MinutesAPPROVED 1 CITY OF LINO LAKES •2 MINUTES 3 4 5 DATE : January 10, 2005 6 TIME STARTED : 6:36 P.M. 7 TIME ENDED : 8:17 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; Assistant City Administrator, Dan Tesch 13 (part); City Clerk, Ann Blair; Community Development Director, Michael Grochala; and City Planner 14 Jeff Smyser. 15 16 OPEN MIKE 17 18 There was none. 19 20 SETTING THE AGENDA 21 22 Councilmember Carlson asked that Item 1D, the December 20, 2004 minutes, which were onthe 23 consent agenda, be considered for correction. 24 •25 The agenda was approved as amended. 26 27 CONSENT AGENDA 28 29 Councilmember Carlson noted that on the minutes from the December 20, 2004 City Council 30 meeting, page 5, line 216 should say `...will vote no because of the $26,400,000 in public cost." 31 32 Councilmember Stoltz moved to approve the Consent Agenda as amended. Councilmember Carlson 33 seconded the motion. 34 35 Motion carried unanimously. 36 37 ITEM ACTION 38 39 A. CONSIDERATION OF EXPENDITURES: 40 41 i) January 10, 2005 (Check No. 72751 - 42 72890, $415,705.39). Approved 43 44 B. APPROVAL OF MINUTES OF DECEMBER 13, 2004 45 City COUNCIL MEETING Approved 46 47 C. APPROVAL OF MINUTES OF DECEMBER 15, 2004 •48 COUNCIL WORK SESSION Approved COUNCIL MINUTES January 10, 2005 APPROVED 49 • 50 D. APPROVAL OF MINUTES OF DECEMBER 20, 2004 51 CITY COUNCIL MEETING Approved 52 53 FINANCE DEPARTMENT REPORT, AL ROLEK 54 55 There was none. 56 57 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 58 59 A. First Meeting of the Year Appointments 60 61 Assistant City Administrator Tesch summarized the Staff report, noting that the YMCA Board 62 appointment was removed from the list for discussion at a work session. 63 64 Councilmember Stoltz asked if the City has accounts at each of the financial institutions listed, or if 65 designating them as the City's financial institution just gives the City more options. 66 67 Assistant City Administrator Tesch stated it gives the City more options. 68 69 Councilmember Carlson moved to approve the appointments as listed in the Staff report. 70 Councilmember Reinert seconded the motion. 71 72 City Administrator Heitke noted that in the past the City has had a representative on the YMCA •73 Board, and the City Administrator was usually appointed to hold that position. He indicated he was 74 appointed to that Board, however he chose not to attend last year when he found out the extent of 75 financial dealings the City has with the YMCA. He advised he spoke with the City Attorney about 76 the matter, and he agreed it would be better for the City to not have someone on the YMCA Board 77 until such time as those financial dealings are complete. 78 79 Councilmember Stoltz asked if the City Board liaison positions and having more consistency between 80 boards will be discussed at a future work session. 81 82 Mayor Bergeson responded that the Council will continue that discussion at a work session. 83 84 Motion carried unanimously. 85 86 B. Consideration of Conditional Offer of Employment for Utility Maintenance Position 87 88 Assistant City Administrator Tesch summarized the Staff report, indicating Staff is recommending 89 approval of the conditional offer of employment for Jeff Frost. 90 91 Councilmember Carlson moved to approve the conditional offer of employment for the position of pp 92 Utility Maintenance to Jeff Frost. Councilmember Dahl seconded the motion. 93 94 Motion carried unanimously. 95 •96 C. Approval of 2005 Council Meeting Schedule COUNCIL MINUTES January 10, 2005 APPROVED 97 • 98 Assistant City Administrator Tesch reviewed the Staff report, noting Staff is recommending approval 99 of the 2005 schedule. 100 101 Councilmember Stoltz moved to approve the 2005 Council Meeting Schedule as presented. 102 Councilmember Reinert seconded the motion. 103 104 Motion carried unanimously. 105 106 D. Consideration of SECOND READING of Ordinance No. 25-04 Establishing Fee 107 Schedule 108 109 City Administrator Heitke summarized the Staff report, indicating Staff is recommending approval of 110 the second reading. 111 112 Mayor Bergeson asked if there was any public input on this matter. Hearing none, the public hearing 113 was closed at 6:47 p.m. 114 115 Councilmember Dahl moved to approve the SECOND READING of Ordinance No. 25-04 116 Establishing a Fee Schedule. Councilmember Carlson seconded the motion. 117 118 Vote: 5:0. Councilmember Dahl voted yea. Councilmember Carlson voted yea. Councilmember 119 Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. Motion carried. 120 •21 Ordinance No. 25-04 can be found in the City Clerk's office. 122 123 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 124 125 There was none. 126 127 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 128 129 There was none. 130 131 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 132 133 A. Fox Den Acres, Jeff Smyser 134 135 i. First Reading, Ordinance 26-04, Rezone to Planned Unit Development 136 137 ii. Resolution No. 04-196, Development Stage Plan / Preliminary Plat 138 139 City Planner Smyser summarized the Staff report, noting the deadline is now January 11, 2005. He 140 stated there is a correction to the ordinance, Finding #6, which should say `Utilities are currently 141 available to the site and there is ample capacity for the project.' 142 143 Mr. Schoenbauer, Brauer and Associates, stated that the value of the endowment fund over 20 years 044 will be a quarter of a million dollars. He indicated this is money that the City will not have to spend 3 COUNCIL MINUTES January 10, 2005 APPROVED 145 to take care of conservation areas. He added that this plan allows the City to achieve higher value .46 using the goals and principals in the Comprehensive Plan than would otherwise be possible. 47 148 Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 26-04 to Rezone 149 to Planned Unit Development, Fox Den Acres. Councilmember Stoltz seconded the motion. 150 151 Councilmember Carlson noted she has two concerns with approving this development. She stated the 152 first is the finding that this is consistent with the official City Comprehensive Plan. She disagreed 153 with this, noting it is in compliance with the Growth Ordinance recently approved, but not with the 154 Comprehensive Plan. She indicated her second concern is the traffic generation, noting this is based 155 on a ghost plan of the road in the future. 156 157 Community Development Director Grochala noted that the Comprehensive Plan is based on a lot of 158 goals and policies, many of which talk about preserving open space and trees. He reminded the 159 Council that the City Attorney opined that one policy in the Comprehensive Plan does not trump 160 another. He added that this plan has gone through the Environmental Board and the Planning and 161 Zoning Board, both of whom feel it is meeting the goals of the Comprehensive Plan. 162 163 Councilmember Stoltz thanked Staff for their hard work on this plan. He noted that it was approved 164 and recommended by the Environmental Board, the Park and Recreation Commission, the Planning 165 and Zoning Board and Staff. He commented that the project is saving almost 60% of the area, and he 166 feels it is a model project that they can all be proud of for the city. 167 168 Councilmember Reinert concurred, stating he hopes it will be the first of many, and can be a guide for db69 future quality developments. He indicated he thinks this can be the first step in achieving the policies 70 within the Comprehensive Plan that were previously only a wish list. He stated they have heard some 171 disagreement on whether the city should move in this direction but he believes future generations will 172 look back and think it is a good development. 173 174 Mayor Bergeson thanked the developer for working so productively with Staff on this project. 175 176 Vote: 3:2 Councilmember Reinert voted yea. Stolz voted yea. Councilmember Carlson voted nay. 177 Councilmember Dahl voted nay. Mayor Bergeson voted yea. Motion carried. 178 179 Councilmember Reinert moved to approve Resolution No. 04-196, a Development Stage Plan / 180 Preliminary Plat for Fox Den Acres. Councilmember Stoltz seconded the motion. 181 182 Councilmember Carlson noted her reasoning for being opposed is the same as on the first issue. 183 184 Vote: 3:2 Councilmembers Carlson and Dahl opposed. Motion carried. 185 186 Resolution No. 04-196 can be found in the City Clerk's office. 187 188 B. Consideration of Resolution No. 05-01, Preliminary Plat, Vaughan Addition, Paul 189 Bengtson 190 191 Assistant Planner Bengtson summarized the Staff report, indicating Staff recommends approval. 092 4 COUNCIL MINUTES January 10, 2005 APPROVED 193 Councilmember Carlson noted she received calls on this issue, specifically with concern about tree W194 removal, which was also a concern of the Environmental Board. She asked if those concerns had 95 been addressed. 196 197 Assistant Planner Bengtson stated the applicant did submit a Tree Preservation Plan which they felt 198 would preserve the largest number of trees. He indicated Staff agrees with that plan. He stated there 199 are a number of trees that will be saved with the use of retaining walls, and Staff feels they have done 200 an adequate job. 201 202 Councilmember Reinert asked if the Tree Preservation Plan was presented at the neighborhood 203 meeting, and if so, what the reaction was to it. 204 205 John Donovan, Welch Associates, representing the Vaughans, indicated he would not say there was 206 unanimous support for the project, but the applicant feels they have done a nice job with custom 207 grading to save as many trees as possible. He stated it would be impossible to save them all. 208 209 Councilmember Reinert stated a right turn lane should be made a condition of approval, as stated in 210 the Anoka County comments. 211 212 Councilmember Reinert moved to adopt Resolution No. 05-01 approving Preliminary Plat for 213 Vaughan Addition, with the added condition that a right turn lane is provided in accordance with the 214 comments from Anoka County. 215 216 Mayor Bergeson noted that Staff should be tracking the elimination of access on County roads, much 017 as the County tracks the addition of accesses. 18 219 Motion carried unanimously. 220 221 Resolution No. 05-01 can be found in the City Clerk's office. 222 223 C. Consideration of Resolution No. 04-199, Authorizing Soil Borings, Well No. 5, Jim 224 Studenski 225 226 Community Development Director Grochala summarized the Staff report, noting the site was 227 approximately 250 feet back from Black Duck Drive and surrounded by tree canopies. He advised 228 that the well would be part of the City's system, and would not service a specific area. When asked, 229 he stated the capital improvement number is $750,000; however, once they have plans and 230 specifications completed Staff will have a better idea of the proposed cost. He indicated the size and 231 type of structure on the site would affect that number. He explained that the costs are paid through 232 the City's Enterprise Fund, which is made up of access charges and also fees paid by users. 233 234 Councilmember Reinert expressed concern about going into detail on something that may never come 235 to fruition. He reminded the Council that Staff is only asking for money to complete soil borings to 236 see if this is a feasible location. He suggested they keep the additional discussion for after the soil 237 borings are done at a cost of $5,000. 238 239 Councilmember Carlson noted that on the Comprehensive Water System Plan, the proposed site for 4)40 Well 5 was in a park, and because of that they had limited the size of the building. She indicated her 5 COUNCIL MINUTES January 10, 2005 APPROVED 241 concern is that this site is 1/2 mile away and has a larger 20 x 22 foot building instead of the size . 42 previously proposed. 43 244 Community Development Director Grochala clarified that the aesthetics of this well structure have 245 changed. He stated the City's Comprehensive Water System Plan identifies conceptually where the 246 wells need to be and the size of the pipes needed, etc. He indicated Staff is trying to put in this 247 service at the lowest cost possible to the residents of Lino Lakes. He stated the soil at the location 248 shown on the Water System Plan is not conducive to a well so Staff tried to find other locations 249 available without having to purchase additional land. He verified all Staff was requesting at this time 250 was permission to have soil borings completed at the site. 251 252 Councilmember Reinert moved to adopt Resolution No. 04-199 authorizing soil borings, Well No. 5. 253 Councilmember Stoltz seconded the motion. 254 255 Councilmember Carlson commented that this well could go on empty land that is being developed, 256 and could have a smaller building. She stated she received a call from someone who did not know 257 the lift station was going in the location it is when that resident purchased their home, and now this 258 well is proposed for the same neighborhood. She believes two wells and a lift station are too much 259 for one neighborhood to bear. 260 261 Councilmember Reinert noted that the construction of Well 5 is a few years late in terms of when it 262 was planned, and Well 6 will be needed in the next couple of years also. 263 264 Mayor Bergeson stated that he does not think that they, as the City Council, should second guess the .65 engineers who tell them that the well needs to be in this part of the city. He indicated the City already 66 owns this land. He stated the Council needs to respond to the requests of the engineering staff and 267 support their recommendation. He added that should this location be where the well is placed, careful 268 consideration will be given to the size and aesthetics of the structure. He stated he fully supports their 269 staff and the fine work they do trying to stay ahead of the water needs. 270 271 Vote: 4:1 Councilmember Carlson opposed. Motion carried. 272 273 Resolution No. 04-199 can be found in the City Clerk's office. 274 275 D. Consideration of Resolution No. 04-201, Modifying Tax Increment Financing District 276 No. 1-11, Michael Grochala 277 278 Community Development Director Grochala summarized the Staff report, indicating that Staff is 279 recommending approval. 280 281 Councilmember Carlson expressed concern about approving this resolution as she is not in favor of 282 the $26,000,000 in public costs. 283 284 Community Development Director Grochala clarified that the tax increment plan before the City 285 Council was approved previously, and the $26,000,000, which is the budget amount in the plan, is the 286 amount available over twenty years of TIF. He stated this was already approved and the City has 287entered into an agreement with the Hartford Group, and it does not represent a $26,000,000 cost to •88 the City. 6 COUNCIL MINUTES January 10, 2005 APPROVED 289 . 90 Councilmember Dahl asked why removing a parcel does not affect the valuation of the TIF District. 91 292 Community Development Director Grochala explained that it is a 6,000 square foot parcel with no 293 valuation attached to it. 294 295 Councilmember Reinert moved to adopt Resolution No. 04-201 modifying Tax Increment Financing 296 District No. 1-11. Councilmember Stoltz seconded the motion. 297 298 Councilmember Carlson proposed an amendment to the motion adding the language 'for the sole 299 purpose of moving a parcel from the TIF District'. Councilmember Dahl seconded the amendment. 300 301 Mayor Bergeson spoke against the amendment, stating it is quite clear in the resolution, and this has 302 gone through the EDA in the form proposed today. He stated Staff has put this through in the proper 303 form and he does not want to change something already approved by the EDA. 304 305 Councilmember Stoltz agreed that he does not want to question every motion Staff puts together for 306 action. He stated whether the motion passes with or without the amendment Staff has told the 307 Council that the same thing will happen, therefore it is redundant. 308 309 Councilmember Carlson noted she is not distrusting Staff, but has a concern with voting for the 310 amount of TIF. 311 312 Councilmember Reinert stated it has been made very clear that this action is to take a parcel out of 0 13 TIF, and nothing additional is being voted on at this time. He indicated they have a brilliant Staff 14 who are professionals in their field and whom have explained this to the Council many times. 315 316 Vote on the amendment: 2:3 Mayor Bergeson and Councilmembers Reinert and Stoltz opposed. 317 Motion fails. 318 319 Councilmember Carlson noted there has probably been enough discussion the last two meetings that 320 this is separate from the amount of funding for this TIF District that she will vote in favor of 321 removing the parcel. 322 323 Motion carried unanimously. 324 325 Resolution No. 04-201 can be found in the City Clerk's office. 326 327 UNFINISHED BUSINESS 328 329 There was none. 330 331 NEW BUSINESS 332 333 There was none. 334 335 COMMUNITY CALENDAR January 11 THROUGH January 24, 2005: 036 7 COUNCIL MINUTES January 10, 2005 APPROVED 337 A) Wednesday, January 12, 2005, 6:30 p.m., Planning & Zoning Board Meeting 0338 B) Thursday, January 13, 2005, 7:00 p.m., Charter Commission Meeting 339 340 C) Wednesday, January 19, 2005, 5:00 p.m., Council Work Session 341 342 D) Thursday, January 20, 2005, 7:00 p.m., I-35W/E Coalition Meeting, Hugo City 343 Hall 344 345 E) Monday, January 24, 2005, 6:30 p.m., City Council Meeting 346 347 ADJOURN 348 349 There being no further business, Councilmember Dahl moved to adjourn at 8:17 p.m. Councilmember 350 Carlson seconded the motion. 351 352 Motion carried unanimously. 353 354 These minutes were considered and approved at the regular Council Meeting, February 14, 2005. 355 356 357 „ n 358 359 Ann Blair, (i:y Clerk 060 J 361 Transcribed by: 362 Karen Bucklen 363 TimeSaver Off Site Secretarial, Inc. 364 8 erges• , Mayor