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HomeMy WebLinkAbout05/01/2006 Council MinutesCITY COUNCIL WORK SESSION MAY 1, 2006 APPROVED 1 • 2 CITY OF LINO LAKES 3 MINUTES 4 5 DATE : May 1, 2006 6 TIME STARTED : 5:36 p.m. 7 TIME ENDED : 12:40 a.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, 9 Reinert (5:41 p.m.), Stoltz and Mayor 10 Bergeson 11 MEMBERS ABSENT : None 12 13 14 Staff members present: City Administrator, Gordon Heitke; Community Development 15 Director, Michael Grochala; Public Services Director, Rick DeGardner (part); 16 Community Development Coordinator, Mary Alice Divine (part); Finance Director, Al 17 Rolek; City Engineer, Jim Studenski (part); City Planner, Jeff Smyser (part); 18 Environmental Specialist, Marty Asleson (part); Deputy City Clerk, Jean Viger (part); 19 Police Sergeant, Bill Hammes (part); and City Clerk, Julianne Bartell 20 21 22 REGULAR AGENDA ITEMS 23 24 Item 1G, Consider Resolution No. 06-71, Approving Access Control System for City Hall 25 - It was requested that a process be developed relating to the management of the system. 26 27 Item 6B, Consideration of Resolution No. 06-72, Approving a Conditional User Permit 28 Amendment for an addition to the Rehbein Transit Facility at 6298 Hodgson Road — A 29 copy of the original staff report from the CUP amendment in 1999 was requested. 30 31 Item '7A, Consider Approval of April 5, 2006, Special City Council Minutes — The 32 following bullet points were added to the list of outstanding issues: 33 34 • Lack of park areas within the development for all residents within Lino 35 Lakes 36 37 • Completion of Main Street to I -35E interchange 38 39 There were no other changes to the regular Council agenda. 40 41 42 BLUE HERON DAYS UPDATE, CHAD WAGNER 43 44 Mr. Chad Wagner, Miller's on Main, came forward and stated he would like to provide • 45 the Council with an update on Blue Heron Days. He noted Blue Heron Days this year 46 will be held on August 18-20. CITY COUNCIL WORK SESSION MAY 1, 2006 APPROVED • 1 2 Mr. Wagner passed around a sponsorship form that will be going out this week. He 3 stated there is going to be a news flyer about the event that will be distributed with local 4 newspapers. He listed the proposed activities noting not everything had been finalized 5 yet. 6 7 Mr. Wagner asked the City Council if the City would be able to help financially with the 8 festival this year. 9 10 Council directed staff to prepare a memo regarding the City's involvement with the 11 festival last year. The Council will then discuss the City's possible involvement this year. 12 The memo will include the organizations and amount of City funds that was requested of 13 the Council last year. Also, information on what other communities do in terms of 14 involvement with community events. 15 16 HERON TASK FORCE UPDATE 17 18 Environmental Specialist Asleson advised the Peltier Lake Heron Rookery has been a 19 focus of study since June 14, 2000 when it was discovered that the Herons had abandoned 20 nests on the island. At that time the Heron colony was considered the second largest 21 colony in the Metropolitan area. A task force was formed to investigate reasons for nest 22 abandonment. . 23 24 Mr. Andy Von Duyke, University of Minnesota, distributed a Summary Report 25 Management Activities for the Peltier Island Heronry during the 2004 and 2005 Field 26 Seasons. 27 28 Mr. Von Duyke also provided a power point presentation that included the Heron 29 background, Heron Rookery history on Peltier Lake, and potential causes of abandonment 30 in detail. 31 32 Mr. Von Duyke noted he has not yet viewed all the video obtained but does believe 33 predators are a large factor in the Heron nest abandonment. He indicated there are 34 nesting Herons on Peltier Island this year. 35 36 POMPS TIRE PROJECT UPDATE 37 38 City Administrator Heitke stated on April 24, 2006 residents adjacent to the Pomp's Tire 39 site attended the City Council work session to present their concerns regarding 40 construction activities and possible nonconformance with City ordinance requirements. 41 The City Council directed residents to meet with staff and the City Attorney to discuss the 42 issues. 43 44 City Administrator Heitke referred to a letter from the City Attorney regarding this issue. • 45 The letter indicated the City Attorney sees no legal basis for taking any action against the CITY COUNCIL WORK SESSION MAY 1, 2006 APPROVED 1 developer at this time. He noted staff has no recommendation regarding this issue at this 2 time. 3 4 Community Development Director Grochala advised staff has expressed concerns of the 5 neighbors with the developer. The developer has made some revisions to the landscaping 6 plan. He reviewed the revisions noting staff has not yet contacted neighbors about the 7 revisions. 8 9 Community Development Director Grochala advised the landscaping plan is subject to 10 review to make sure the 80% requirement has been met. The developer has also informed 11 all contractors to stop using public roadways to access the site. 12 13 Community Development Director Grochala explained the expansion of the pond behind 14 the berm area was done for engineering purposes. However, the work was done without 15 approval from the City. Staff is continuing to monitor the project. Grading activity 16 should be completed in approximately 8 weeks. Landscaping will be done in the last 17 phase of the project. 18 19 Community Development Director Grochala stated staff has been made aware of a 20 resident's problem with their well that coincided with the grading work. Staff is 21 consulting experts to address that issue. 22 • 23 Community Development Director Grochala advised at this point, the developer is 24 meeting the requirements of the ordinance and conditions of approval. 25 26 Mr. Jon Freimuth, 7381 Jon Avenue, passed around pictures of the site and expressed 27 concern about the steep drop off, drainage and lack of a 40 foot buffer. He showed what 28 his water filters used to look like before the project started and what they currently look 29 like. He stated he has tried to work with City about these issues but it seems that no one 30 is listening. 31 32 Mr. Bob King, 198 Marvy Street, stated that back when the property in question was 33 zoned, he was told a berm would be placed along the length of the property. He stated he 34 would like to make sure the berm gets put in place. 35 36 Ms. Cheryl Nickelson, 195 74th Street, inquired about the location of where the trees will 37 be planted. She expressed concern regarding the safety of children waiting for the bus 38 stop due to the slope and water level. 39 40 Community Development Director Grochala pointed out the location of the tree plantings 41 and indicated staff will follow up on the boulevard areas. 42 43 Council directed staff to follow up on safety concerns, water and well filter issues, 44 conditions of approval for Summit, a berm being placed along the entire property line and • CITY COUNCIL WORK SESSION MAY 1, 2006 APPROVED 1 road restrictions. An update will be provided for the Council at every work session until 110 2 all the issues are resolved. 3 4 MILLER'S CROSSROADS SHOPPING CENTER — CONDITIONAL USE 5 PERMIT FOR ACCESSORY DRIVE-THROUGH FACILITY AND 6 RESTAURANT OUTDOOR DINING FACILITIES 7 8 City Planner Smyser stated at the April 24 meeting, the City Council tabled consideration 9 of Resolution 06-53, the CUP for outdoor seating and a drive through. The Council 10 decided to discuss it further at the work session May 1. 11 12 City Planner Smyser advised the Council discussion included the question of additional 13 screening as well as other issues. Staff learned that the residents' homeowners 14 association owns the townhome property: it is no longer under the developer's ownership 15 or control. However, the homeowners association is open to more plantings on the 16 property. The only ponding change is occurring for the retaining wall. Additionally, 17 there are other uses for a drive through on that site. However, parking is restricted on the 18 site so that does limit what type of business would go in there. 19 20 City Planner Smyser advised Findings of Fact would have to be noted if the Council 21 denies the application. 22 . 23 Mr. Greg Schlenk, Miller's Crossroads, came forward and addressed the issues of the 24 Council. He advised the developer does not want a CUP that does not include both the 25 outdoor dining and drive through. He stated he does not believe more traffic would be 26 generated from a coffee shop as opposed to a day care center. He also stated he believes 27 the project is compatible with the townhomes in the area. He noted the intent was to keep 28 this site commercial. All requirements have been met and the project has gone through 29 the City process. There have been no neighbor objections. The developer would like to 30 make the site viable. 31 32 Mr. Peter Hilliger, architect for the project, stated the developer believed four years ago 33 that a day care was a viable use. Nobody will touch that site for a day care because the 34 demographics do not support it. None of the neighbors are objecting to the plan. The 35 landscaping plan has gone well beyond what is typically required. 36 37 The Council requested the following information: 38 39 1. The minutes or resolution from the original PUD 40 2. Copies of the ponding information that is legible 41 3. A legal opinion about the Findings of Fact 42 4. Information about separating the CUP for the patio and drive through 43 5. Information about the 80% screening requirement on three sides of the site 44 . 45 This item will appear on the regular Council agenda Monday, May 8, 2006, 6:30 p.m. CITY COUNCIL WORK SESSION MAY 1, 2006 APPROVED 2 Mayor Bergeson called for a short break at 9:55 p.m. 3 4 Mayor Bergeson reconvened the meeting at 10:12 p.m. 5 6 STORM WATER UTILITY UPDATE 7 8 Community Development Director Grochala stated on January 9, 2006 the City Council 9 authorized the preparation of a Storm Water Utility Feasibility Study. Short, Elliott, 10 Hendrickson Inc., (SEH) has completed a draft of the study for Council review. 11 12 Mr. Andy Lamberson, SEH, came forward and provided a power point presentation 13 relating to the draft Storm Water Utility Feasibility Study that was recently completed. 14 He noted creating a storm water utility is one tool used to fund storm water related costs. 15 16 Mr. Lamberson reviewed the principles and benefits of a storm water utility noting 17 charges are based on the amount of run off generated. The charges are proposed to be 18 based on storm water costs. 19 20 Mr. Lamberson also reviewed a proposed project time line indicating community 21 awareness is key in the process. 22 • 23 This item will appear on the regular Council agenda Monday, May 8, 2006, 6:30 p.m. 24 25 CHARTER COMMISSION CORRESPONDENCE 26 27 City Clerk Bartell referred to a letter from the chairperson of the Charter Commission 28 requesting an extension of 90 days in order to study the options regarding the process for 29 adopting the proposed charter amendment. The letter also requested an opinion from the 30 City Attorney regarding whether an amendment agreed upon by the Council and the 31 Charter Commission may be ratified without presentation on the ballot. 32 33 City Clerk Bartell reviewed the letter from the City Attorney regarding this issue. The 34 Council should have a recommendation from the Charter Commission after their July 13 35 meeting. 36 37 Mr. Bob Bening, Charter Commission Member, came forward and expressed concern that 38 the voters may not be able to vote on the proposed amendment. He stated he believes it is 39 important enough to be on the ballot. He asked if the amendment could still be placed on 40 the ballot if the City Council votes it down. 41 42 The Council directed staff to obtain an opinion regarding this issue from the City 43 Attorney. The Council also expressed their desire for the Charter Commission to 44 expedite their recommendation so the proposed amendment could be on this year's ballot, • 45 if the Council so chooses. CITY COUNCIL WORK SESSION MAY 1, 2006 APPROVED • 1 2 Ms. Caroline Dahl, Charter Commission Member, came forward and noted a letter from 3 the chairperson of the Charter Commission regarding the Five Year Plan. 4 5 RETREAT ISSUES UPDATE 6 7 Communications Plan — Community Development Coordinator Divine stated during 8 this year's City Council retreat it was recognized that the Council must effectively and 9 persistently communicate to the citizens of Lino Lakes on the issues the Council is 10 addressing, the actions it has taken, and the directions that it is pursuing as a result of the 11 actions. 12 13 Community Development Coordinator Divine stated the Council directed staff to prepare 14 and submit, with the assistance of Councilmember Reinert and Councilmember Carlson, 15 a communications process to be used by the City and the City Council to communication 16 with citizens. 17 18 Community Development Coordinator Divine reviewed a draft of the communications 19 process and asked for Council feedback and suggestions. 20 21 Suggestions to the process included staff members presenting good news reports at 22 Council meetings, the addition of the words respectful or professions within the Image • 23 statement, and the addition of a calendar. The word "all" was dropped from the Official 24 Spokesperson paragraph and the title "Spokesperson" will be changed. 25 26 Financial Analysis Progress — Finance Director Rolek advised staff is in the process of 27 working with the City's financial advisors, Springsted, Inc., and the City's independent 28 auditor to formulate the financial analysis and to develop necessary financing and policy 29 recommendations, per Council direction during the February 20, 2006 Council retreat. 30 31 Finance Director Rolek stated staff is anticipating asking the Council on May 22 to set a 32 special work session within the first two weeks of June to review the results of this 33 analysis. This time frame will dovetail into the preparation for the 2007 Annual Budget 34 and the 2007 — 2011 Five Year Financial Plan. 35 36 I -35W INTERCHANGE/LAKE DRIVE IMPROVEMENTS 37 38 Community Development Director Grochala stated the improvement of the I-35W/Lake 39 Drive interchange has been a priority for the City over the last ten years. However, the 40 project has not been successful in obtaining the necessary funding. As such the City 41 proposed interim improvements to Lake Drive as part of the Legacy at Woods Edge 42 development. 43 44 Community Development Director Grochala stated that given the existing transportation • 45 funding constraints and the limited useful life of the interim improvements the City • • • CITY COUNCIL WORK SESSION MAY 1, 2006 APPROVED 1 entered into a Joint Powers Agreement with Anoka County to pursue design of the 2 ultimate interchange project. The interchange improvement was based on the premise 3 that City funding identified for the interim improvements would be better spent on 4 completing the ultimate project. 5 6 The City has now reached a critical point in terms of which project the City should 7 proceed with. Final design is nearly complete for both the interim and ultimate designs. 8 In general, Mn/DOT, Anoka County and City staff is in agreement that the interim 9 improvements, while an improvement over existing conditions, are less than desirable. 10 Additionally, the existing cooperative agreement dollars from Mn/DOT expire at the end 11 of State Fiscal year 2007 (July 1, 2007). The latest interchange cost is estimated at 12 approximately $9.1 million dollars. The existing proposed funding sources are as follows: 13 14 Lino Lakes $2,500,000 15 Anoka County $3,700,000 16 Mn/DOT Coop Agreement $ 400,000 17 Mn/DOT In Kind Contract Administration $ 400,000 18 19 Total Identified Funding $7,000,000 20 21 Community Development Director Grochala stated staff has attempted to identify 22 addition (non property tax) City funding to cover the gap based on several premises. The 23 City does have the ability and capacity to use Municipal State Aid Street dollars for the 24 project. Staff has met with Mn/DOT's Municipal State Aid Engineer and completed a 25 preliminary financial review. At this time it appears that this is a viable option for the 26 City to pursue. However, the use of these funds would temporarily delay new 27 improvements to the City's state aid system. At this time the only proposed project that 28 would potentially be delayed is the Holly Drive Phase II reconstruction from Holly Court 29 to County Road J. 30 31 Community Development Director Grochala stated that if the City Council determines 32 that the use of Municipal State Aid funding is a viable option for the interchange 33 improvements, staff would continue to purse additional funding for the interchange to off 34 set these expenditures. He reviewed additional funding options that could be pursued. 35 36 Community Development Director Grochala advised a decision on which project to 37 pursue is time critical. Based on the existing funding and development of Woods Edge a 38 project will need to be constructed in 2007. Additionally, the scope of the project will 39 impact the right-of-way acquisition process. 40 41 The majority of the Council indicated support for the ultimate interchange project as 42 opposed to the interim improvements. 43 44 21sT AVENUE STREET EXTENSION (JPA WITH CENTERVILLE) 45 • • • CITY COUNCIL WORK SESSION MAY 1, 2006 APPROVED 1 Community Development Director Grochala updated the Council on the 21st 2 Avenue/Backage road improvements project with the City of Centerville. He advised 3 there is no Council direction required at this time. Staff is anticipating bringing forward 4 the executed Petition and Waiver agreement and the Joint Powers Agreement to the City 5 Council for consideration at the May 8, 2006 meeting. 6 7 Council requested information on eminent domain in relation to this project. 8 9 JOINT COUNCIL MEETING 10 11 A joint City Council/Advisory Board meeting was scheduled for Wednesday, May 31, 12 6:30 p.m. 13 14 15 The meeting was adjourned at 12:40 a.m. 16 17 These minutes were considered, corrected and approved at the regular Council meeting held on 18 June 12, 2006. 19 20, 22 Juli e Bartell, ity Clerk John Bergeson, Mayor 23 24 Transcribed by: 25 Kim Points 26 TimeSaver Off Site Secretarial, Inc. 27 8