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