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HomeMy WebLinkAbout04/11/2005 Council MinutesAPPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : April 11, 2005 6 TIME STARTED : 6:32 P.M. 7 TIME ENDED : 8:19 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 City Planner, Paul Bengtson; City Attorney, Bill Hawkins. 15 16 OPEN MIKE 17 18 There was none. 19 20 SETTING THE AGENDA 21 22 The agenda was approved as presented. 23 •24 CONSENT AGENDA 25 26 Councilmember Carlson asked that the minutes of February 28, 2005 be moved to New Business. 27 28 Councilmember Carlson moved to approve the Consent Agenda, as amended. Councilmember 29 Reinert seconded the motion. 30 31 Motion carried unanimously. 32 33 ITEM ACTION 34 35 A. CONSIDERATION OF EXPENDITURES: 36 37 i) April 11, 2005 (Check No. 73452 — 38 73531, $105,976.87). Approved 39 40 ii) Centennial Fire District (Check No. 14682 — 41 14703 $23,859.96). Approved 42 43 B. CONSIDERATION OF MINUTES OF 44 FEBRUARY 28, 2005 CITY COUNCIL MEETING Removed 45 46 C. CONSIDERATION OF MINUTES OF •47 MARCH 9, 2005 COUNCIL WORK SESSION Approved 48 COUNCIL MINUTES April 11, 2005 APPROVED 49 FINANCE DEPARTMENT REPORT, AL ROLEK • 50 51 There was none. 52 53 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 54 55 There was none. 56 57 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 58 59 There was none. 60 61 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 62 63 There was none. 64 65 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 66 67 A. Consideration of Resolution No. 05-51, Authorizing Preparation of I -35E Corridor 68 AUAR, Jeff Smyser 69 70 City Planner Smyser summarized his report, indicating Staff recommends approval. 71 •72 Councilmember Carlson asked if there was a public hearing scheduled for this approval. She 73 questioned if the Hardwood Creek plans were still for mixed use, and asked for clarification as to 74 what agencies the AUAR would be sent to. 75 76 City Planner Smyser advised that in the past they have held public hearings once the document is 77 completed. He noted Hardwood Creek is still proposing commercial and higher density residential. 78 He added that the AUAR would be sent to the same list of agencies as an EAW, according to the law. 79 80 Councilmember Reinert moved to adopt Resolution No. 05-51 authorizing preparation of I -35E 81 Corridor AUAR. Councilmember Stoltz seconded the motion. 82 83 Councilmember Carlson expressed concern about whether the AUAR provides information as useful 84 as that contained in an EIS over time, and she expressed concern about the amount of high-density 85 residential in the plans. She read a paragraph about urban -style development, and indicated she 86 supported this type of housing in the Village, but does not know if Lino Lakes needs more. 87 88 Councilmember Reinert stated he has the same concerns as Councilmember Carlson regarding 89 densities, however the purpose of the AUAR is to create `worst case' scenarios to see the 90 environmental impact, and it will ultimately be up to the City Council to decide how much density is 91 appropriate. He agreed that the AUAR is not as detailed as an EIS, however it provides them with 92 more than they would be able to see in standard developments, which is often nothing at all, and at 93 best, would be an EAW. 94 •95 Councilmember Stoltz commented that an AUAR puts the City in the position of being pro -active, 96 rather than reactive as cities are generally. He noted the scenarios in the AUAR were citizen -driven, COUNCIL MINUTES April 11, 2005 APPROVED .97 and the City Council was asked not to attend the meetings where the scenarios were discussed, so it 98 could be citizen -driven. He added that the citizens are not paying for this AUAR, as it will all be paid 99 for by future development. He thanked Mr. Shardlow for his help with the process. 100 101 Mayor Bergeson indicated he looks at this as a first step in the master planning effort, and he believes 102 anytime you can master plan an area rather than look at developments individually, you come out 103 with a better product. 104 105 Mr. Shardlow, DSU, indicated an EIS is well-suited if you have a defined project and project area. 106 He noted the AUAR can look at a larger area with different development scenarios to see what is best 107 for the area. He stated the AUAR scenarios would be maximum development for the city, and gives 108 the Council a better tool to look at individual areas as they develop over time. 109 110 Motion carried 3:2. Councilmembers Carlson and Dahl opposed. 111 112 Resolution No. 05-51 can be found in the City Clerk's office. 113 114 B. Consideration of Resolution No. 05-56, Supporting CRT Disposal Requirements, Marty 115 Asleson 116 117 Community Development Director Grochala summarized his report, indicating Staff recommends 118 approval. 119 •120 Councilmember Carlson stated that Commissioner Kordiak's letter said the ban will go into effect 121 July 1, 2005, without any outlet for proper disposal. She asked what the residents could do at that 122 time. 123 124 Community Development Director Grochala advised there will be a backlog for disposal. He 125 indicated facilities will continue to collect items, but there will not be anywhere for them to go. He 126 advised that because it will be harder to dispose of the items there will be a higher cost, and those 127 costs will be passed onto the consumer. He indicated the purpose of the legislation is to get 128 manufacturers and retailers to share in those costs. 129 130 Councilmember Carlson moved to adopt Resolution No. 05-56 supporting CRT Disposal 131 Requirements. Councilmember Dahl seconded the motion. 132 133 Motion carried unanimously. 134 135 Resolution No. 05-56 can be found in the City Clerk's office. 136 137 C. Consideration of Resolution No. 05-47, Approving Registered Land Survey, City of 138 Circle Pines, Jeff Smyser 139 140 City Planner Smyser summarized the Staff report, indicating Staff is recommending approval of this 141 request. 142 • 3 COUNCIL MINUTES April 11, 2005 APPROVED •143 Councilmember Carlson asked for clarification on why Circle Pines wishes to make this purchase, 144 and if it is the purchase of an easement or an outright land purchase. She also asked if this would 145 make the lots buildable. 146 147 City Planner Smyser advised Circle Pines hopes to build a new police station, and would require a 148 portion of the land for the parking lot. He stated they would need to purchase a small piece of land 149 from another property owner and get a vacation of easement over the right-of-way, and this registered 150 land survey will make it easier for them to do so. He indicated the lots would not become buildable, 151 as the County would have to vacate the easements for that to happen, and that is not done with a 152 registered land survey. He explained the description of the easements has gotten very long, and this 153 facilitates identifying those easements. 154 155 City Planner Smyser explained the property owners involved have been talking to the City of Circle 156 Pines for a long time, and have an agreement with Circle Pines to sell them the necessary piece of 157 land. He noted this does not change ownership in any way. 158 159 Councilmember Dahl moved to adopt Resolution No. 05-47 approving a registered land survey 160 requested by the City of Circle Pines. Councilmember Carlson seconded the motion. 161 162 Motion carried unanimously. 163 164 Resolution No. 05-47 can be found in the City Clerk's office. 165 • 166 D. West Shadow Ponds 2"d Addition 167 168 i. Consideration of Resolution No. 05-50, Approving Final Plat, Paul Bengtson 169 170 City Planner Bengtson summarized the Staff report, indicating Staff recommends approval of the 171 request. 172 173 Councilmember Stoltz moved to adopt Resolution No. 05-50 approving final plat, West Shadow 174 Ponds 2nd Addition. Councilmember Dahl seconded the motion. 175 176 Motion carried unanimously. 177 178 Resolution No. 05-50 can be found in the City Clerk's office. 179 180 ii. Consideration of Resolution No. 05-52, Approving Development Agreement, Jim 181 Studenski 182 183 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval of the 184 request. 185 186 Councilmember Carlson asked how the park dedication was calculated. City Engineer Studenski 187 indicated it is shown at $2,075 per unit, which is the current rate. 188 •189 Councilmember Reinert moved to adopt Resolution No. 05-52 approving a Development Agreement 190 for West Shadow Ponds 2nd Addition. Councilmember Dahl seconded the motion. 4 COUNCIL MINUTES April 11, 2005 APPROVED •191 192 Motion carried unanimously. 193 194 Resolution No. 05-52 can be found in the City Clerk's office. 195 196 E. Vaughan Addition 197 198 i. Consideration of Resolution No. 05-49, Approving Final Plat, Paul Bengtson 199 200 City Planner Bengtson summarized the Staff report, indicating Staff recommends approval of the 201 final plat. 202 203 Councilmember Carlson moved to adopt Resolution No. 05-49 approving final plat, Vaughan 204 Addition. Councilmember Stoltz seconded the motion. 205 206 Motion carried unanimously. 207 208 Resolution No. 05-49 can be found in the City Clerk's office. 209 210 ii. Consideration of Resolution No. 05-53, Approving Development Agreement, Jim 211 Studenski 212 213 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval of this 214 agreement. 215 216 Councilmember Dahl moved to adopt Resolution No. 05-53, approving the Development Agreement 217 for Vaughan Addition. Councilmember Stoltz seconded the motion. 218 219 Motion carried unanimously. 220 221 Resolution No. 05-53 can be found in the City Clerk's office. 222 223 224 F. Consideration of Resolution No. 05-48, Approving Preliminary Plat, Marshan Lakeview, 225 Paul Bengtson 226 227 City Planner Bengtson summarized the Staff report, indicating that Staff is recommending approval. 228 229 Councilmember Carlson noted the report stated the Planning and Zoning Board approved the 230 preliminary plat, but noted the Environmental Board also reviewed the plat and passed it with 231 recommendations. She asked if those were addressed. 232 233 City Planner Bengtson advised the donation of wetland to Anoka County was discussed with the 234 owner, who felt it was in the best interest of the land to do a conservation of wetland rather than 235 donate it to the County. He indicated the other conditions were all standard conditions that are 236 always included in the resolutions. 237 COUNCIL MINUTES April 11, 2005 APPROVED W2238 Councilmember Reinert moved to adopt Resolution No. 05-48 approving Preliminary Plat, Marshan 39 Lakeview. Councilmember Dahl seconded the motion. 240 241 Motion carried unanimously. 242 243 Resolution No. 05-48 can be found in the City Clerk's office. 244 245 G. Well No. 5 Drilling 246 247 i. Consideration of Resolution No. 05-54, Accepting Bids and Awarding Contract, 248 Jim Studenski 249 250 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval of the 251 request. 252 253 Councilmember Stoltz moved to adopt Resolution No. 05-54 accepting bids and awarding a contract 254 for Well No. 5 drilling. Councilmember Dahl seconded the motion. 255 256 Councilmember Carlson noted she voted no on the location of this well, and on the size of the 257 building, however since those two actions passed, she will vote yes to awarding the contract. 258 259 Motion carried unanimously. 260 A2261 Resolution No. 05-54 can be found in the City Clerk's office. 62 263 ii. Consideration of Resolution No. 05-55, Notice of Intent to Bond, Jim Studenski 264 265 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval of this 266 action. 267 268 Councilmember Stoltz moved to adopt Resolution No. 05-55, providing notice of intent to bond. 269 Councilmember Dahl seconded the motion. 270 271 Motion carried unanimously. 272 273 Resolution No. 05-55 can be found in the City Clerk's office. 274 275 H. Consideration of Resolution No. 05-44, Authorizing Preparation of Feasibility Study, 276 West Shadow Lake Drive Street and Utility Improvements, Michael Grochala 277 278 Mayor Bergeson turned the meeting over to Acting Mayor Stoltz, abstaining from this item due to a 279 conflict of interest. 280 281 Community Development Director Grochala summarized the Staff report, indicating Staff 282 recommends approval of this request. 283 1 COUNCIL MINUTES April 11, 2005 APPROVED •284 Councilmember Carlson questioned whether future studies could be paid for by the general fund, as 285 the Staff report notes, based on the requirements of the City Charter. City Attorney Hawkins noted 286 Staff may have to look at using other funds. 287 288 Councilmember Reinert moved to adopt Resolution No. 05-44 approving the preparation of a 289 Feasibility Study for West Shadow Lake Drive Street and Utility Improvements. Councilmember 290 Stoltz seconded the motion. 291 292 Councilmember Carlson expressed concern about paying out funds if the projects do not get 293 approved. She read from the City Charter, and indicated concern that this project was not passed in 294 the last referendum. 295 296 Community Development Director Grochala indicated the first step is a feasibility study for the 297 project, and the City Council is directed by State law and the City Charter to prepare a report to tell 298 the people the cost of a project. He stated that although this referendum did not pass the first time, it 299 does not negate the situation that the street is in need of reconstruction. He indicated a concern and 300 Staff's understanding of why this did not pass the first time was a lack of information on the cost of 301 sanitary sewer and water, which Staff is including in the proposal before the Council this evening. 302 303 Councilmember Dahl questioned how long the feasibility report could be used. She also expressed 304 concern that the costs for the study could not be recouped if the project does not pass with the voters, 305 and asked if the City received a petition from 25% of the affected homeowners. 306 *307 Community Development Director Grochala indicated the numbers in the study will not last long, but 308 it will give them a solid idea of the general design needs, and the soil boring studies will be complete. 309 He stated the assessment role would need to be updated at the time the project was actually approved, 310 however the design would stay the same. He indicated the City has not received a petition from 25% 311 of the homeowners, however Staff did a study of streets needing reconstruction, and broke those 312 streets into five phases. He noted that the first phase was done in 1998, but then the City did not 313 move forward with Phase 2 until 2003, at which time the proposal failed. He stated since then Staff 314 has re-evaluated the streets, and West Shadow Lake Drive and the Shenandoah area are still high on 315 the priority list. He advised they have to prepare this study before they can proceed to a public 316 hearing. 317 318 Community Development Director Grochala explained that at no time is the City guaranteed to 319 recover costs for a feasibility study, as they need to have the approval of 50% of the affected property 320 owners as well as approval of the taxpayers. 321 322 Councilmember Dahl stated this area is different in her mind because it involves large lots that could 323 be subdivided, and her understanding is they would be assessed as such. She questioned why they 324 could not have neighborhood meetings before ordering this report to see what the neighborhood 325 wants or does not want. 326 327 Community Development Director Grochala indicated Staff is of the impression there are mixed 328 feelings about sewer and water. He stated Staff's concerns are on some of the smaller lots and their 329 ability to replace septic systems if necessary. He agreed that any assessments would likely be based Aft 330 on their draft procedures, and those lots able to subdivide would likely be assessed a larger amount. 331 He stated each land parcel would be evaluated on a case by case basis as part of the feasibility study. 7 COUNCIL MINUTES April 11, 2005 APPROVED •332 333 Councilmember Reinert commented they have been trying to fix this road for fifteen years or longer. 334 He stated the last time this road was scheduled for a vote the Council went forward without sewer and 335 water because they wanted to get the road repaired, and thought it would be less money to start with 336 the road and if that passed, do a feasibility study to see how much water and sewer would cost. He 337 commented that the same parties concerned about moving forward now were then concerned about 338 moving forward without sewer and water information because of the lack of detail being provided, 339 which seems like a contradiction. 340 341 Councilmember Reinert noted that anyone concerned about the cost of doing a feasibility study 342 should drive the road. He indicated it is crumbling, and the City is throwing money away each year 343 trying to make it drivable for the summer, only to have it fall apart in the winter. He stated he hopes 344 this will pass tonight and they can get a road for the poor residents who live on West Shadow Lake 345 Drive. He stated that with every failed referendum the City gets further and further behind in the 346 schedule for road repair. He indicated this road has been on the schedule since 1996, and if it fails it 347 will still be on the schedule. 348 349 Councilmember Carlson noted that according to the minutes, the City Council unanimously voted in 350 favor of putting this on the ballot in 2003. She indicated she believes there were a number of 351 concerns that affected why it did not pass, including the 11% assessment to benefiting properties and 352 89% to the taxpayers. 353 354 Motion failed. Vote: 2:2:0 Councilmembers Carlson and Dahl opposed. Mayor Bergeson abstained. 355 356 Resolution No. 05-44 can be found in the City Clerk's office. 357 358 Councilmember Stoltz asked what this means. Community Development Director Grochala indicated 359 with an absence of approval for a reconstruction feasibility study, it would go back on the schedule 360 and come before the City Council in 2007 for the 2009 Street Improvements. 361 362 Councilmember Carlson asked if the City received a request from 25% of the affected property 363 owners that would ensure that a feasibility study would be completed. 364 365 Community Development Director Grochala indicated with a request from 25% of the affected 366 property owners they would need a 3/5 vote from the City Council, which would not have helped 367 tonight. He added they would still need approval from 50% of the affected property owners to ensure 368 the project goes forward, and he is not sure they would have time to get it on the ballot this year. He 369 explained the timeline that would need to happen. 370 371 City Engineer Studenski agreed, noting the timeframe would be very tight, and if they were to go 372 forward, the funding options would be the same whether they have a petition or not. 373 374 Councilmember Stoltz asked that this item be added to the next work session agenda. 375 376 UNFINISHED BUSINESS 377 78 There was none. 379 8 COUNCIL MINUTES April 11, 2005 APPROVED 380 NEW BUSINESS W381 382 A. Approval of minutes from February 28, 2005 City Council Meeting 383 384 Councilmember Carlson noted on page 4, line 175, it should say "...every corner of Town Center." 385 386 Councilmember Carlson moved to approve the February 28, 2005 City Council Meeting Minutes as 387 amended. Councilmember Reinert seconded the motion. 388 389 Motion carried unanimously. 390 391 COMMUNITY CALENDAR April 11 THROUGH April 25, 2005: 392 393 A) Wednesday, April 13, 2005, 6:30 p.m., Planning & Zoning Board Meeting 394 395 B) Thursday, April 14, 2005, 7:00 p.m., Joint City Council & Charter Commission 396 Meeting 397 398 C) Wednesday, April 20, 2005, 5:30 p.m., Council Work Session 399 400 D) Monday, April 25, 2005, 6:00 p.m., Board of Review Meeting 401 402 E) Monday, April 25, 2005, 6:30 p.m., City Council Meeting 4 404 ADJOURN 03 405 406 There being no further business, Councilmember Carlson moved to adjourn at 8:19 p.m. 407 Councilmember Reinert seconded the motion. 408 409 Motion carried unanimously. 410 411 These minutes were considered and approved at the regular Council Meeting, May 9, 2005. 412 413 414 415 416 Ann Blair, ity C erk John 'ergescti�ffi, Mryor 417 418 Transcribed by: 419 Karen Bucklen 420 TimeSaver Off Site Secretarial, Inc. 421