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HomeMy WebLinkAbout05/09/2005 Council MinutesAPPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : May 9, 2005 6 TIME STARTED : 6:35 P.M. 7 TIME ENDED : 9:25 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: Director of Administration, Dan Tesch; Community Development Director, 13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; City Planner, Paul 14 Bengtson; City Attorney, Bill Hawkins; and City Clerk, Ann Blair. 15 16 OPEN MIKE 17 18 There was none. 19 20 SETTING THE AGENDA 21 Councilmember Dahl requested that the minutes be put on the regular agenda rather than the consent •22 23 agenda. 24 25 Mayor Bergeson stated they would move the minutes to Unfinished Business. 26 27 The agenda was accepted as amended. 28 29 CONSENT AGENDA 30 31 Councilmember Stoltz moved to approve the Consent Agenda. Councilmember Dahl seconded the 32 motion. 33 34 Motion carried unanimously. 35 36 ITEM ACTION 37 38 A. CONSIDERATION OF EXPENDITURES: 39 40 i) May 9, 2005 (Check No. 73628 — 41 73734, $333,193.62). Approved 42 43 ii) Centennial Fire District (Check No. 14721 — 44 14735, $18,925.16) Approved W 45 COUNCIL MINUTES MAY 9, 2005 APPROVED • 46 B. CONSIDERATION OF MINUTES OF 47 APRIL 6, 2005 COUNCIL WORK SESSION Removed 48 49 C. CONSIDERATION OF MINUTES OF 50 APRIL 11, 2005 CITY COUNCIL MEETING Removed 51 52 D. CONSIDERATION OF MINUTES OF 53 APRIL 20, 2005 COUNCIL WORK SESSION Removed 54 55 FINANCE DEPARTMENT REPORT, AL ROLEK 56 57 There was none. 58 59 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 60 61 A. Restructuring of VLAWMO 62 63 Removed. 64 65 B. Proclamation Declaring Mediation Services for Anoka County Day — May 24, 2005. 66 67 Director of Administration Tesch introduced Mary Ann Broos from Mediation Services for Anoka 68 County. 69 70 Ms. Broos indicated she is here representing the volunteers and their many hours of work. She stated 71 since their services are highly confidential, most of the volunteers work because they believe in the 72 process. She read the proclamation declaring May 24, 2005 Mediation Services for Anoka County 73 Day. 74 75 Councilmember Dahl moved to approve the proclamation declaring May 24, 2005 Mediation Services 76 for Anoka County Day in Lino Lakes, Minnesota and urge all citizens to recognize the importance of 77 community service. Councilmember Reinert seconded the motion. 78 79 Motion carried unanimously. 80 81 C. Consideration of Memorandum of Understanding with Local 49 82 83 Director of Administration Tesch presented the Staff report, indicating Staff is recommending 84 approval of this agreement. 85 86 Councilmember Carlson moved to adopt approve the Memorandum of Understanding with Local 49. 87 Councilmember Stoltz seconded the motion. 88 • 89 Motion carried unanimously. 90 COUNCIL MINUTES MAY 9, 2005 APPROVED • 91 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 92 93 A. Proclamation for Police Week / Law Enforcement Memorial Week 94 95 Police Chief Pecchia asked that the Council approve a proclamation in support of designating May 9 96 to May 15, 2005 as Police Week, and May 15, 2005 as Peace Officers Memorial Day in the City of 97 Lino Lakes. 98 99 Councilmember Dahl moved to approve the proclamation supporting the designation May 9 to May 100 15, 2005 as Police Week, and May 15, 2005 as Peace Officers Memorial Day in the City of Lino 101 Lakes. Councilmember Carlson seconded the motion. 102 103 Motion carried unanimously. 104 105 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 106 107 There was none. 108 109 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 110 111 A. Consideration of Resolution No. 05-62, Declaring Adequacy of Petition and Ordering *112 Preparation of Report, West Shadow Lake Drive Area Street and Utility Improvements, 113 Michael Grochala 114 115 Mayor Bergeson noted that due to a conflict of interest he would abstain from this discussion, and he 116 requested that Councilmember Stoltz chair the discussion. 117 118 Councilmember Stoltz advised that a petition was submitted to the City Council at the last meeting 119 with a number of signatures, and asked for Staff's update and next steps. 120 121 Community Development Director Grochala presented the Staff report, clarifying that 47 signatures 122 were received out of 72 property owners, and a new resolution had been provided to the 123 Councilmembers at their seats this evening. 124 125 Councilmember Carlson asked if the study would be an update of the previous road construction 126 study adding sewer and water. She also asked what the cost of the original study was to the City. 127 128 Community Development Director Grochala indicated it would be an updated report, adjusting for 129 inflation and adding the new components of sewer and water, adding soil borings, and also additional 130 surveying to clarify property lines. He stated he does not know the cost of the original study. 131 132 Councilmember Carlson questioned the timing if this project was approved this year, noting that the 133 Pavement Management report which they will be reviewing later shows the Shenandoah area being �34 done in 2007 and West Shadow Lake Drive in 2008. She asked if the project could move ahead faster 135 if sewer and water were necessary, and the property owners wanted to pay 100% of the costs, whereas 3 COUNCIL MINUTES MAY 9, 2005 APPROVED 036 it could be done without a referendum. She asked if there were any funds available from the DNR or 137 other sources, considering the situation with the lake. 138 139 Community Development Director Grochala stated since they will not know if the project will move 140 forward until after the November elections, he believes the timing would be to do plans and 141 specifications in 2006 and the actual construction in 2007. He indicated he believes it would be in the 142 best interest of the residents to have the street done in 2007. He stated sewer and water is still an 143 unknown, and part of the feasibility study, and there is still the question of benefit to the property 144 owners from the street improvements. He noted there are no DNR or other funding sources available, 145 to his knowledge. 146 147 Councilmember Carlson asked about the cost of the road with sewer and water, and if there were any 148 estimates for the percentage of assessment of the total cost. She also asked that Staff provide the 149 Council with the number of properties included in the Shenandoah area street improvement project. 150 151 Community Development Director Grochala stated he does not have a cost estimate; that is what the 152 feasibility study will provide. He indicated the percentage of assessment cannot be determined 153 without knowing the cost and benefit to the property owners, and the calculation could change based 154 on the approval of the Pavement Management Program. 155 156 Councilmember Dahl asked if the costs of the initial study would be included in the total amount when it goes to the voters, and if any decisions have been made on how to handle the tree farm. She 111M58 also questioned who pays for the park frontage. 159 160 Community Development Director Grochala advised that any dollars expended would be included in 161 the estimated project cost. He stated how to handle the tree farm would be determined in the 162 feasibility study, noting that property is different than the others in this area. He indicated the park 163 frontage would be the City's responsibility. 164 165 Councilmember Reinert reviewed the City's process for street improvements, noting it is not up to the 166 City Council, it is up to the voters. He stated the voters need information from the feasibility study to 167 make that decision, and he asked the City Council to respect the request from the West Shadow Lake 168 Drive residents and be responsible by ordering the feasibility study. 169 170 Councilmember Stoltz opened the public hearing at 7:12 p.m. 171 172 Kim Fosse, 6900 West Shadow Lake Drive, asked why the Council would approve the Shenandoah 173 feasibility study and now the West Shadow Lake Drive study, and why the City paid an engineering 174 company to identify road improvement needs in 1995, and ten years later they are still ignoring that 175 recommendation. She commented that this is a unique street that benefits many residents providing 176 pedestrian access. She noted the residents of this street also are concerned about fire protection, 177 realizing how vulnerable they are after a fire recently in the area. 178 .79 Charles Buskis, West Shadow Lake, indicated he supports the comments of Councilmember Reinert 180 and Councilmember Stoltz and the need for a new feasibility study that will provide new information 4 COUNCIL MINUTES MAY 9, 2005 APPROVED 0181 that voters can use to make a good decision. He stated this type of street improvement process is very 182 dependent on the voters having current, accurate, thorough information that the feasibility study could 183 provide. 184 185 Patrick Smith, 6922 West Shadow Lake Drive, noted he has served on the City's Charter and 186 Planning Commissions. He expressed some fundamental concerns with the process, stating they are 187 hoping to get a new study and go to referendum, however the city has not had the best tax voting 188 recently. He suggested the city may need to look at other financing methods and possibly get a 189 community action group together to make a recommendation. 190 191 Councilmember Stoltz asked for clarification on the Pavement Management Study. 192 193 Community Development Director Grochala advised that the City retained an engineering firm to 194 look at the City streets. During that study the streets were rated and a recommendation was put 195 together for a five -phase street reconstruction. He explained that the first phase was approved in 196 referendum in 1996, and constructed in 1997. He stated the second phase was Shenandoah and West 197 Shadow Lake Drive, which was brought for referendum in 2003 and turned down. He commented the 198 point of the study is to rate the streets and put the dollars where they can best be used to extend the 199 life of the streets, and reach a point where it is costing the city and the taxpayers less dollars. 200 201 Councilmember Reinert moved to adopt Resolution No. 05-62 declaring adequacy of petition and 02 ordering Preparation Report, West Shadow Lake Drive Area Street and Utility Improvements. W203 Councilmember Stoltz seconded the motion. 204 205 Councilmember Dahl clarified that Lino Lakes is not the only community where the City Council 206 cannot initiate road re -construction. She indicated at the last City Council meeting she was not aware 207 how many residents of this street were interested in having the road improvement, and she wants 208 something on the ballot that will pass. She stated she is concerned about subdividing of the lots and 209 how that will be adjusted with the 147 homes per year regulated by the City's Comprehensive Plan. 210 She stated she also does not want the taxpayers to have to pay $55,000 for something that may not be 211 approved. 212 213 Councilmember Carlson commented that Elm Street was a correction, and the City did not know they 214 would need additional MUSA until they were very far into the project. Community Development 215 Director Grochala disagreed, indicated the Elm Street reconstruction had been proposed for several 216 years, and the City knew when they started moving forward with the road reconstruction they would 217 need to make adjustments to the MUSA. He stated in reality West Shadow Lake Drive is a 218 correction; the Comprehensive Plan, while showing areas in MUSA, show it as unsewered residential, 219 which is in conflict. 220 221 Councilmember Carlson indicated that tonight is not a re -vote or a reversal, as the City -initiated 222 project was 2:2, and there were discussions about there being other ways to go about this. She 223 commented on a flyer that was distributed asking for her and Councilmember Dahl to not only change 24 their vote but also provide an indication on why they voted against the study. She read a statement 225 concerning the previous referendums, and her concern that the Council has not addressed the cost 5 COUNCIL MINUTES MAY 9, 2005 APPROVED •26 sharing issues that were an issue during the failed referendum. She talked about this being the first 227 City Council -initiated project, and that she believes it would be a slap in the face to taxpayers who 228 voted it down to put it back on the ballot without a petition from the area homeowners, which they 229 did not have previously. 230 231 Councilmember Reinert stressed that it is not up to the Council to decide if a referendum will pass, it 232 is their job to provide the voters with enough information to make a good decision. He stated there 233 was misinformation released to the public at the last referendum and it is up to them to provide 234 accurate information now so the voters can decide. He stated they have had one referendum pass and 235 one fail and they need to keep going to see if the process works, and to do that they need to order in 236 the feasibility study so accurate information is available. 237 238 Councilmember Dahl restated that she has concerns, and does want to put something on the ballot that 239 has a chance to pass. She reiterated she asked the residents to provide a petition because she did not 240 want the taxpayers to have to spend $55,000 for something only a handful of people might want. 241 242 Councilmember Stoltz commented that three independent engineers have said this road needs repair. 243 He stated a feasibility study is being proactive, and the money spent on it will be recouped at some 244 time. He noted the City is spending thousands of dollars on repair and time spent to keep it in repair 245 now. He stated the citizens followed the Charter process and came forward with a petition, and it is 246 not the Council's job to judge their request, but only to take the request and get it on a referendum. 47 248 Councilmember Carlson stated she does and did intend to put this on the ballot, and if it is voted 249 down it is democracy in action. She indicated she would hate to see the Charter blamed when it 250 would be the Council's fault. 251 252 Motion carried. Vote: 4:0:1 Mayor Bergeson abstained. 253 254 Resolution No. 05-62 can be found in the City Clerk's office. 255 256 B. Apollo Landing, Paul Bengtson 257 258 i. Consider FIRST READING of Ordinance 01-05, Rezoning Certain Real Property 259 from R, Rural District to GB, General Business District 260 261 Planner Bengtson summarized the Staff report, indicating Staff recommends approval. 262 263 Councilmember Carlson asked what the Planning and Zoning Board's reason was for requesting 264 future access. 265 266 Planner Bengtson indicated that at the Planning and Zoning Board meeting one property owner 267 adjacent to this parcel requested an easement access to the site for future development, and the 268 Planning and Zoning Board felt this would be okay, however the properties mentioned are zoned 069 Rural and are guided for Industrial development. He stated the applicant and City Staff are both quite 270 reluctant to allow an industrial site access through a commercial center like Apollo Landing. He 6 COUNCIL MINUTES MAY 9, 2005 APPROVED 071 indicated the applicant and Staff would be interested in the potential for connecting the two sites, but 272 only if the other site was to be developed as a commercial use with architectural design standards that 273 would be compatible with the rest of this master planned commercial center. 274 275 Councilmember Reinert asked how the architectural standards of this project differ from standard 276 City code. Planner Bengtson indicated they provide a lot of detail on materials that can be used, the 277 types of finishes acceptable and provide more guidance than the City's ordinance does to provide a 278 cohesive commercial area. 279 280 Councilmember Reinert asked what hotels the developer has worked with in the past. He stated his 281 concern is that they get a hotel that fits the City. 282 283 Craig Peit, 425 Arrowhead Drive, indicated they have been working on this project for a year and a 284 half, and have made many modifications based on conversations with Staff and the Planning and 285 Zoning Board. He advised they do not have previous hotel experience, so they have an agreement 286 with a Hospitality Group that owns and operates fifteen upper scale hotels, and the site has been 287 approved for Hampton Inn, Holiday Inn Express and Suites, Comfort Inn and Suites, or Hilton 288 Garden Inn. He stated he has also had many discussions with proprietors on the other four lots, and 289 he is very confident they will have good, successful tenants. He talked about the amenities they have 290 built into the area, making it a nice place to visit. 291 .92 Councilmember Dahl thanked the developer for answering the questions on what kind of hotel they 93 would be looking at, agreeing with Councilmember Reinert that the City wants a quality hotel that 294 will be an asset to Lino Lakes. 295 296 Councilmember Carlson moved to approve the FIRST READING of Ordinance 01-05. 297 Councilmember Dahl seconded the motion. 298 299 Councilmember Carlson indicated she might have asked why they were rezoning this General 300 Business instead of Neighborhood Business, but looking at the land uses, her concerns were 301 answered. She stated she is pleased they have a developer who has worked with the neighbors while 302 there are still residents in the area and she is comfortable with this rezoning. 303 304 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 305 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 306 307 ii. Consideration of Resolution No. 05-65, Approving Final Stage Plan/Final Plat 308 309 Planner Bengtson asked that the Council add Condition #13 requiring that the design standards 310 require a maintenance -free fence on the perimeter. 311 312 Councilmember Dahl moved to adopt Resolution No. 05-65 approving Final Stage Plan, Final Plat for 313 Apollo Landing. Councilmember Stoltz seconded the motion. 014 315 Motion carried unanimously. 7 COUNCIL MINUTES MAY 9, 2005 APPROVED 016 317 Resolution No. 05-65 can be found in the City Clerk's office. 318 319 C. Fairview Clinic, Paul Bengtson 320 321 i. Consideration of Resolution No. 05-64, Approving Conditional Use Permit for a 322 Planned Unit Development, Development Stage Plan/Preliminary Plat 323 324 Councilmember Carlson noted that while she does not have a financial relationship with Fairview 325 Clinic, she is the Vice Chair of the Fairview Regional Board and will abstain from these discussions. 326 327 Planner Bengtson reviewed the Staff report, indicating Staff recommends approval with a change to 328 recommendation #2, which should say: 329 The landscape plan shall be revised to depict irrigation in all seeded areas; red maples in place 330 of the sugar maples proposed along Lake Drive; and two woodbine plants at the base of all 331 trellises shown on the architectural elevation. 332 333 Jim Bermel, representing Fairview Health in their Corporate Real Estate office, expressed that 334 Fairview is happy to be adding to the health services of Lino Lakes. He stated they anticipate the 335 expansion will provide better diagnostic services, increased pediatric services and many other benefits 336 to the community. .37 38 Councilmember Stoltz moved to adopt Resolution No. 05-64 approving Conditional Use Permit for a 339 Planned Unit Development, Development Stage Plan and Preliminary Plat. Councilmember Reinert 340 seconded the motion. 341 342 Motion carried. Vote: 4:0:1 Councilmember Carlson abstained. 343 344 Resolution No. 05-64 can be found in the City Clerk's office. 345 346 ii. Consideration of Resolution No. 05-65, Approving Final Stage Plan/Final Plat 347 348 Councilmember Dahl moved to adopt Resolution No. 05-65 approving Final Stage Plan/Final Plat. 349 Councilmember Stoltz seconded the motion. 350 351 Motion carried. Vote: 4:0:1 Councilmember Carlson abstained. 352 353 Resolution No. 05-65 can be found in the City Clerk's office. 354 355 D. Consideration of Resolution No. 05-61, Approving Preliminary Plat, Marshan Meadows, 356 Jeff Smyser 357 358 City Planner Smyser summarized the Staff report, stating Staff recommends approval. 59 360 Councilmember Stoltz questioned the price points on the homes. 8 COUNCIL MINUTES MAY 9, 2005 APPROVED 061 362 Greg Schlink, 3564 Rollingview Drive, White Bear Lake, representing Bruggeman Homes, stated the 363 homes would be the same as previously constructed in Lino Lakes, selling in the upper $300,000 to 364 lower $400,000 range. 365 366 Councilmember Carlson moved to adopt Resolution No. 05-61 approving preliminary plat, Marshan 367 Meadows. Councilmember Dahl seconded the motion. 368 369 Councilmember Carlson thanked the developer, indicating they are always great to work with in 370 following the City's ordinance and growth management plan. Councilmember Dahl concurred. 371 372 Motion carried unanimously. 373 374 Resolution No. 05-61 can be found in the City Clerk's office. 375 376 E. Pavement Management Program, Jim Studenski 377 378 i. Consideration of Resolution No. 05-65, Accepting Pavement Management Report 379 380 City Engineer Studenski reviewed the Staff report, indicating Staff recommends approval of the 381 Pavement Management Report. .82 83 Councilmember Reinert moved to adopt Resolution No. 05-65 accepting the Pavement Management 384 Report. Councilmember Dahl seconded the motion. 385 386 Motion carried unanimously. 387 388 Resolution No. 05-65 can be found in the City Clerk's office. 389 390 ii. Consideration of Resolution No. 05-66, Accepting Pavement Management 391 Financing Report 392 393 City Engineer Studenski reviewed the Staff report, indicating Staff recommends approval of the 394 Pavement Management Financing Report. 395 396 Councilmember Reinert moved to adopt Resolution No. 05-66 accepting the Pavement Management 397 Financing Report. Councilmember Stoltz seconded the motion. 398 399 Motion carried. Vote: 4:1 Councilmember Carlson opposed. 400 401 Resolution No. 05-66 can be found in the City Clerk's office. 402 403 iii. Consideration of Resolution No. 05-67, Adopting Pavement Management Policies 04 405 City Engineer Studenski reviewed the Staff report, noting changes to page 216. 9 COUNCIL MINUTES MAY 9, 2005 APPROVED 006 407 Councilmember Carlson asked for clarification on how the assessment rate of $77 per frontage foot 408 was determined, and what it covers. 409 410 City Engineer Studenski advised that Staff reviewed Elm Street, 162nd, Holly Drive and several other 411 projects within Lino Lakes, as well as other community's policies, and came up with a maximum 412 amount they felt the City could assess and still support if the cost benefit was challenged. He noted 413 that amount could be increased annually as they do with other utility charges. 414 415 Councilmember Carlson questioned how MSA factors into this equation. City Engineer Studenski 416 explained State Aid gets into the city's more heavily traveled roads, which get higher design 417 standards, are usually wider roads, and have a heavier rating. He indicated it is factored in because 418 those property owners are only being charged for a standard 32 -foot wide road with standard 419 construction. 420 421 Councilmember Stoltz asked what would happen if the language being reviewed by the League of 422 Minnesota Cities comes back substantially changed. City Engineer Studenski indicated Staff would 423 bring it back to the Council, however the League of Minnesota Cities has been reviewing this with the 424 City, so they do not anticipate content change, just possibly how it is laid out. 425 426 Councilmember Reinert moved to adopt Resolution No. 05-67 adopting Pavement Management 27 Policies. Councilmember Stoltz seconded the motion. 428 429 Councilmember Carlson expressed concerns related to the $77 maximum, and the fact that this will 430 not always cover the costs. She questioned what happens with new development projects. 431 432 Community Development Director Grochala indicated this policy takes the initial costs of a project 433 and divides it by 50% to reach the $77 per frontage foot, so they are recognizing up front that not all 434 of the costs are covered. He stated the purpose of this policy is to establish a set rate, which is what 435 has been discussed during the West Shadow Lake Drive discussions. He indicated the City has to be 436 able to meet the benefit calculations, and he does not think if the rate is higher they could meet that 437 test. He stated this only applies to existing roads, and developers would still have to pay 100% of the 438 cost of a new road. 439 440 Motion carried. Vote: 4:1 Councilmember Carlson opposed. 441 442 Resolution No. 05-67 can be found in the City Clerk's office. 443 444 UNFINISHED BUSINESS 445 446 There was none. 447 448 NEW BUSINESS .49 450 A. Consideration of minutes of meetings: 10 • COUNCIL MINUTES MAY 9, 2005 APPROVED 11,51 i. Consideration of minutes of April 6, 2005 Council Work Session 452 453 ii. Consideration of minutes of April 11, 2005 City Council Meeting 454 455 iii. Consideration of minutes of April 20, 2005 Council Work Session 456 457 Councilmember Dahl requested that the minutes be tabled and returned to a work session. 458 459 Councilmember Dahl moved to table the minutes of April 6, April 11 and April 20, 2005 to the next 460 Council Work Session. Councilmember Carlson seconded the motion. 461 462 Councilmember Stoltz questioned if they were tabling because there is concern about the accuracy of 463 the minutes. Councilmember Dahl indicated she believes the minutes are incomplete, and would like 464 further discussion. Councilmember Carlson agreed. 465 466 Motion carried. 467 468 COMMUNITY CALENDAR May 10, 2005 THROUGH May 23, 2005: 469 470 A) Wednesday, May 11, 2005, 6:30 p.m., Planning & Zoning Board Meeting *71 B) Wednesday, May 18, 2005; 5:30 p.m., Council Work Session 472 C) Monday, May 23, 2005, 6:30 p.m., City Council Meeting 473 474 ADJOURN 475 476 Councilmember Dahl noted that the City recently had a recycling and clean-up day, and asked for an 477 update. Mayor Bergeson indicated it was very successful. He stated he believes the City is doing a 478 good thing keeping all of this household hazardous waste out of the landfills, and thanked all who 479 participated. He noted Councilmember Dahl had asked for specifics on electronics, and Staff will 480 bring that information to the City Council at a future date. 481 482 There being no further business, Councilmember Stoltz moved to adjourn at 9:25 p.m. 483 Councilmember Reinert seconded the motion. 484 485 Motion carried unanimously. 486 487 These minutes were considered and approved at the regular Council Meeting, June 13, 2005. 488 489 �• 490 P4Paregfti 491 Ann Blair, City Clerk John Bergeson, Mayor . 492 493 Transcribed by: 11 COUNCIL MINUTES MAY 9, 2005 APPROVED 094 Karen Bucklen 495 TimeSaver Off Site Secretarial, Inc. 496 • 12