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.
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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
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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
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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
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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
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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.
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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.
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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.
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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:
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COUNCIL MINUTES MAY 9, 2005
APPROVED
094 Karen Bucklen
495 TimeSaver Off Site Secretarial, Inc.
496
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