Loading...
HomeMy WebLinkAbout2001-197 Council Resolution-MinutesCity of Lino Lakes Resolution No. 01-197 Re: Lawful gambling license renewal, VFW Post 6583 This resolution was approved at the council meeting on December 17, 2001. CITY OF LINO LAKES MINUTES DATE : December 17, 2001 TIME STARTED : 6:35 P.M. TIME ENDED : 8:26 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Barry Sullivan; Community Development Director, Mike Grochala; City Clerk, Ann Blair; Public Services Director, Rick DeGardner; Finance Director, Al Rolek; City Engineer, John Powell; City Planner, Jeff Smyser; and Mary Alice Divine, Economic Development Specialist. SETTING THE AGENDA Mayor Bergeson noted the revised agenda, which deleted Consent Agenda item 1 C, Charitable Gambling Licenses — VFW Post 6583, Auxiliary, Resolution No. 01-197. He also noted that Consent Agenda item 1B, Consideration of Termination Agreement with H&L Mesabi, should be removed from the Consent Agenda and considered under the Community Development Department Report as agenda item 7C. Mayor Bergeson stated that he received a request to pull two sets of minutes under Unfinished Business and indicated that this issue would be further outlined during consideration of Unfinished Business. The agenda was approved as amended. CONSENT AGENDA Councilmember Dahl moved to approve the Consent Agenda, as submitted. Councilmember Carlson seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: i) December 17, 2001 (Check No. 63793 — 63883, $328,209.17) Approved ii) December 17, 2001 (Check No. 63884 — 63916, $56,675.42) Approved iii) Centennial Fire District (Check No. 12971 — COUNCIL MINUTES DECEMBER 17, 2001 12993 $7,701.95) OPEN MIKE No one was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK Approved Consideration of Resolution No. 01-195, Re -designating Antenna Lease Revenue for Software Licensing, Al Rolek — Finance Director Rolek advised in May 2002 the City Council approved Resolution No. 00-66 designating antenna lease revenue for a number of purposes. One of the designations was for computer software licensing in the amount of $16,000. Since that time, staff has completed a comprehensive software inventory for all departments. The result of the inventory showed that the City's software licensing needs are greater than originally anticipated. The total costs to upgrade existing licenses and to acquire the total number of licenses needed at this time is about $36,000. This leaves a significant shortfall in funding for this purpose. Finance Director Rolek indicated that other items identified in Resolution No. 00-66 have been completed at significant savings. Still, other items that had been funded are no longer necessary. The resulting balance from these savings is $20,995. This amount is sufficient to cover the shortfall in funding for the City's computer software licensing needs. Finance Director Rolek indicated the licensing issue is an important one, and needs to be addressed to bring the City into compliance with licensing requirements. Therefore, staff recommends that the savings realized from the other items designated in Resolution No. 00-66 be re -designated toward computer software licensing. The total designation, including the amount designated for this purpose previously, would be $36,000. Finance Director Rolek advised it is staffs recommendation that the City Council approve Resolution No. 01-195, re -designation of Antenna Lease Revenues for Software Licensing. Councilmember Dahl moved to adopt Resolution No. 01 — 195, re -designation of Antenna Lease Revenues for Software Licensing. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 01 — 195 can be found in the City Clerk's office. ADMINISTRATION DEPARTMENT REPORT, LINDA WAITE SMITH Consider Recommendation to Appoint TKDA as City Engineer for 2002, Linda Waite Smith — City Administrator Waite Smith advised TKDA has provided engineering services for Lino Lakes for several years. Based on the performance of John Powell and other TKDA employees, the City Administrator recommended to the City Council in August that the contract for engineering services between the City and TKDA be extended for the year 2002. 2 COUNCIL MINUTES DECEMBER 17, 2001 City Administrator Waite Smith indicated that engineering services provided by TKDA include managing the City's Municipal State Aid road system, submitting reports and permit applications to governmental agencies and serving as lead contact for the City on all engineering issues. She stated an analysis had been performed in August and it was found to be more cost effective for the City to continue contracting for its engineering services versus hiring an in-house Engineer. City Administrator Waite Smith advised, in order to formally authorize this representation, the City Council was being asked to officially appoint TKDA as the City Engineer for Lino Lakes through December 31, 2002. City Administrator Waite Smith stated that City Engineer Powell has served as the City of Lino Lakes' on-site engineering representative of TKDA for a number of years. She indicated that over the years Mr. Powell has received promotions and he now has more corporate demands on his time. She stated Mr. Powell feels the City of Lino Lakes is too important for his shared attention and he will therefore be training a new Professional Engineer to take over his responsibilities. She stated that the City will continue to receive good representation from TKDA. Mayor Bergeson expressed his appreciation to City Engineer Powell for his hard work. City Engineer Powell stated that he will continue to be available for the City and will take whatever steps necessary to ensure a smooth transition between himself and a new Professional Engineer. Councilmember Reinert moved to appoint TKDA as the City's consulting engineer through December 31, 2002. Councilmember O'Donnell seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, SERGEANT MORTENSON There was no Public Safety report. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Consideration of Resolution No. 01-172, Authorizing Condemnation for Birch Park Trail, Rick DeGardner - Public Services Director DeGardner advised at the October 1, 2001 Park Board meeting, the Park Board members unanimously recommended that the City Council pursue land condemnation to provide access from the Trapper's Crossing development to Birch Park. Public Services Director DeGardner indicated that the City of Lino Lakes has attempted to secure a trail easement connection from the Trapper's Crossing development to Birch Park since 1994. Over the past few years, the Park Board has again attempted to resolve this issue. However, it appears the only option remaining is to condemn the property. 3 COUNCIL MINUTES DECEMBER 17, 2001 Public Services Director DeGardner advised City staff concurs with the Park Board's recommendation to condemn the necessary property for the following reason: 1. Discussions during the Trapper's Crossing development process indicated that Birch Park would provide park amenities for the residents in the Trapper's Crossing area. In 1994, City staff and the Park Board were aware of the significant amount of wetlands that had to be crossed to provide access to Birch Park. It was decided to provide a crossing to Birch Park, rather than create a park within the Trapper's Crossing Development. 2. The park dedication for Trapper's Crossing and Gemini Estates was 100 percent cash dedication. The intent was to use this money to provide access to Birch Park. Additional developments, such as Peregrine Pass, as well as the development at 12`h Avenue and Holly Drive, will also benefit from a trail connection to Birch Park. 3. In November, 2000 City staff reached a tentative agreement with the Whitcomb's to purchase two acres of land for $6,000. City staff was subsequently notified that the Whitcombs were no longer interested in selling the property. 4. The land proposed to be condemned is almost exclusively wetland and is assessed at approximately $500 per acre. Public Services Director DeGardner advised the Park Board is recommending that the City Council direct the City Attorney to begin condemnation proceedings for the two -acre parcel of property necessary to provide a trail access from the Trapper's Crossing Development to Birch Park. Even though staff is seeking authorization to condemn the two acres of property, they will continue to look for opportunities to purchase the necessary land for this important trail connection. Public Services Director DeGardner advised City staff recommends that the City Council approve Resolution No. 01-172, Authorizing Condemnation for Birch Park Trail. Councilmember Dahl moved to adopt Resolution No. 01 — 172, authorizing condemnation for Birch Park Trail. Councilmember Carlson seconded the motion. Motion carried unanimously. Resolution No. 01 — 172 can be found in the City Clerk's office. Consideration of Resolution No. 01-184, Accepting Donations from the Lino Lakes Lions Club, Lino Lakes State Bank, and Forest Lake Area Athletic Association for the Family Turkey Shoot, Rick DeGardner - Public Services Director DeGardner advised that the Lino Lakes Parks and Recreation Department sought program sponsors for its Family Turkey Shoot, which was held on Saturday, November 17, 2001. The event is a free holiday event for the families of Lino Lakes that consists of low-key competition in a variety of athletic events for prizes. 4 COUNCIL MINUTES DECEMBER 17, 2001 Public Services Director DeGardner indicated that 125 parent /child teams participated in this year's Turkey Shoot. The Lino Lakes Lions Club, as a program sponsor, has donated $300 to help defer the costs of this event, the Lino Lakes State Bank has donated $165 and Forest Lake Area Athletic Association had donated $100. Public Services Director DeGardner recommended that the City Council approve Resolution No. 01- 184, accepting donations from Lino Lakes Lions Club, Lino Lakes State Bank, and Forest Lake Area Athletic Association for the Family Turkey Shoot. Councilmember Dahl asked if the donations received will cover the entire cost of the Family Turkey Shoot event. Public Services Director DeGardner stated that the donations covered all the direct costs of the event. He indicated many volunteers had donated their time to this event as well. Councilmember Carlson moved to adopt Resolution No. 01 — 184, accepting donations from Lino Lakes Lions Club, Lino Lakes State Bank, and Forest Lake Area Athletic Association for Family Turkey Shoot. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 01 — 184 can be found in the City Clerk's office. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA Consideration of Resolution No. 01-196, Approving Minor Subdivision for Joseph A. Schwartz, Jeff Smyser - City Planner Smyser advised that the subject property is located at 588 Pine Street and is owned by Mr. Joseph A. Schwartz. The property is an un -platted 20 -acre Rural parcel, which is not connected to City water or sanitary sewer. Mr. Schwartz's son, Joseph M. Schwartz, lives on the neighboring property at 598 Pine Street, which is similarly zoned and 10 acres in size. It is the intention of Mr. Schwartz to transfer five acres of his property to his son's property in order that his son be able to qualify for the Green Acres agricultural program. The result would be two 15 -acre parcels. City Planner Smyser indicated the City's zoning ordinance requires a minimum lot size of 10 acres in a Rural zone. The proposed Minor Subdivision would result in a lot size of 15 acres for the properties at 558 and 598 Pine Street. Unless and until the proposed five -acre parcel is legally combined with the existing 10 acres at 598 Pine Street, it will be nonconforming, as it will be smaller than the City's 10 -acre required minimum lot size for property in a Rural zone. As a result, approval should carry the condition that the properties be legally combined. City Planner Smyser indicated that his report was presented at the December 12, 2001 meeting of the Planning and Zoning Board. After consideration of the issues, the Board voted to recommend approval of the Minor Subdivision, with the condition noted above. City Planner Smyser advised City staff recommends approval of Resolution No. 01-196, Approving Minor Subdivision for Joseph A. Schwartz, with one condition. 5 COUNCIL MINUTES DECEMBER 17, 2001 Councilmember Carlson noted that the report indicated the intent of the subdivision was to allow the applicant's son to qualify for the Green Acres agricultural program. She questioned what the minimum lot size is to qualify for this program. City Planner Smyser stated it was his understanding that the minimum lot size is 10 acres, but this excludes the house property. He indicated that Anoka County automatically reduces a lot size by one acre to account for the house, therefore, this would leave a total of nine acres for the applicant's son's parcel before the proposed subdivision. Councilmember Dahl stated that it was her understanding that the law might have been changed and the minimum required lot size to qualify for the Green Acres agricultural program would therefore be 20 acres. City Planner Smyser stated that he had not heard of this change in requirements. He noted, however, that if the result of the proposed subdivision does not meet the minimum lot size requirement for the Green Acres agricultural program, then this was something the applicant's son would need to address. Mayor Bergeson suggested that approval of the Minor Subdivision be subject to the applicant's son's lot meeting the minimum size requirement for the Green Acres agricultural program. He felt that if the minimum lot size requirement is not met, then the applicant may not wish to pursue the subdivision. City Planner Smyser offered to suggest to the applicant that he verify the minimum lot size requirements for the Green Acres agricultural program and then allow the applicant to proceed as he wishes. Mayor Bergeson asked if approval of the Minor Subdivision would mandate that this subdivision occur. City Planner Smyser stated this was not the case. Councilmember Reinert moved to approve Resolution No. 01-196, Approving Minor Subdivision for Joseph A. Schwartz, as presented. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 01-196 can be found in the City Clerk's office. First Reading, Ordinance 23-01, Calling for a moratorium on new residential development, Jeff Smyser — City Planner Smyser advised that the comprehensive plan sets the policy direction, while the implementation of the plan occurs through official controls, such as the subdivision ordinance and zoning ordinance. City Planner Smyser indicated that the new comprehensive plan establishes a policy to significantly reduce the rates of growth in the City. Staff is setting up a process for amending the official controls to implement the plan. This will take some time to complete and staff is concerned about the 6 COUNCIL MINUTES DECEMBER 17, 2001 development requests in the interim. After conferring with the City Attorney, staff believes it is best to adopt an interim ordinance (moratorium) prohibiting most types of residential development activity in the City for one year. City Planner Smyser indicated there are three main reasons for the moratorium. First, the City Council approved the comprehensive plan, but the plan is still undergoing review by the Metropolitan Council as required by State Statute. Until the Metropolitan Council approves the plan, the City is in an awkward position between the old, sketchy comprehensive plan and the new one. Staff has been using the new plan for guidance but it is not clear how firmly the City can enforce it. City Planner Smyser indicated, while the comprehensive plan establishes the policy of reducing growth to an average of 147 new homes per year, the current official controls do not provide the means to ensure implementation of the policy. The City should be in the position where, if it wants to deny new development applications, it has clear and easily defensible reasons. City Planner Smyser added that City staff anticipates new plat, rezoning and MUSA reserve applications in the very near future. Revising the ordinance will be a major undertaking. City staff will have the services of the City's planning consultant, but the project will require significant effort by staff as well. The moratorium will allow staff to devote time to the ordinance project rather than attempting to review new applications using ordinances that may or may not support the new comprehensive plan. City Planner Smyser indicated that the scope of the moratorium would prohibit new residential preliminary plats, residential rezoning, and allocating MUSA reserve for new residential development. Final platting of approved preliminary plats will be allowed. City Planner Smyser stated that the moratorium would not apply in the Village. He explained the City has received Livable Community Program grants for the Village project. He indicated that the first was a planning grant and another was to help implement the project. He noted these are regional and State monies awarded to the City in order for the City to pursue goals set by the Legislature and State Statutes in the Village development area. City Planner Smyser indicated that subdivisions that result in up to four lots would be exempt from the moratorium, unless they need MUSA reserve acres. He stated that staff did not see such smaller developments as a threat to any new policies. City Planner Smyser indicated the moratorium would not affect commercial and industrial developments, nor building permits or site plan reviews. He noted that building permits are assigned, and site plans reviewed, on a lot -by -lot basis. City Planner Smyser indicated that the City has approximately 400 residential lots that have been approved for development and applications for building permits could be submitted for these developments and not be affected by the moratorium. He indicated that, per the new comprehensive plan policy of reducing development, this represented over two and one-half years worth of development. Therefore, City staff feels there are enough lots currently in the pipeline to 7 COUNCIL MINUTES DECEMBER 17, 2001 accommodate new growth that would be allowed under the new growth policy of the comprehensive plan. City Planner Smyser presented the following schedule for the interim ordinance establishing the moratorium as follows: Notice to Quad Press Published Public Hearing First Reading Second Reading Published Effective Tuesday 11/20/01 Monday 11/26/01 P & Z 12/12/01 City Council 12/17/01 City Council 1/14/02 1/21/02 2/21/02 City Planner Smyser advised the moratorium would be effective for one year, until February 21, 2003. The City can extend it beyond that, if necessary. Staff plans to complete revisions to the subdivision and zoning ordinances before the expiration date to avoid the need for an extension. City Planner Smyser indicated that the City Council and staff have agreed that a Task Force shall be formed to undertake the ordinance revision work. The Task Force will consist of two members from each of the City's Boards and will be chaired by a City Councilmember. He anticipated that a schedule will be determined for the first few months but the specific topics have not been finalized. City Planner Smyser advised the Planning and Zoning Board conducted a public hearing on the moratorium ordinance on December 12, 2001. The Planning and Zoning Board recommended that the City Council approve the first reading of Ordinance No. 23-01. Mayor Bergeson noted that a public hearing had been held during the Planning & Zoning Board's consideration of this issue; however, he was willing to open the meeting for comments from the audience. Neal Blanchet, representing Larkin, Hoffman, Daly & Lindgren, Ltd., stated that he was present this evening on behalf of GM Development, Inc. and Gary Uhde regarding the Behms Century Farm development, which has been in process for nearly nine years. He had a letter in this regard and requested the letter and his comments be entered into the public record on this matter. A copy of the letter will be attached to the Council minutes. Mayor Bergeson asked Mr. Blanchet if he had attended the Planning & Zoning Board public hearing regarding the proposed moratorium. Mr. Blanchet stated that he had not. Mayor Bergeson asked that Mr. Blanchet summarize the information presented at the public hearing. Mr. Blanchet stated that Mr. Uhde feels that the proposed moratorium will bring an abrupt end to his development. He indicated that Mr. Uhde has had a good relationship with the City and believed that he could continue to work with the City and design a development that would meet the City's goals. 8 COUNCIL MINUTES DECEMBER 17, 2001 Mr. Blanchet noted the City Planner had indicated that the moratorium could be extended, and it has been his experience that this occurs for nearly all moratoriums. He indicated that Mr. Uhde was greatly concerned by the amount of time the proposed moratorium could delay his project. Mr. Blanchet pointed out that the proposed moratorium would not apply to the City's Town Center area because of the grants that had been extended to help fulfill certain City goals. Likewise, Mr. Uhde, in anticipation of developing the various phases of Behms Century Farm, has invested hundreds of thousands of dollars to bring public utilities to his property. He stated that having this project held up by the moratorium would not allow Mr. Uhde to move forward with his goals. Mr. Blanchet stated he was also concerned about the distinctions being made in which small-scale residential developments and the Village area would be exempt from the proposed moratorium but the moratorium would apply to larger scale residential developments. He felt that this was attempting to draw a distinction between types of residential development. He stated that State law allows a city to set different regulations between uses, but in this case the uses are the same. Therefore, he felt the distinction was arbitrary. Mr. Blanchet noted in his report to the City Council that one reason for the proposed moratorium was due to the comprehensive plan's policy of reducing growth and the City's intent to control growth by establishing what Mr. Blanchet argued was a "cap" on building permits. He stated that there was no Minnesota Statutory authority that would allow the City to establish a cap on building permits. He believed that if a proposed structure meets the regulations of the building code and is a permitted use then the plans for that structure should be allowed to move forward. He acknowledged that the City wishes to control growth and has that right; however, he noted that the intent behind controlling growth was to maintain public health and safety and ensure adequate public infrastructure is in place. He indicated the City's charter requires developers to pay for and provide public infrastructure, which Mr. Uhde has done. Therefore, he did not see a public infrastructure reason for establishing a moratorium or a cap on building permits. Mr. Blanchet asked that Mr. Uhde be permitted to move forward and continue to work with City staff with his development and he offered to answer questions. Councilmember Carlson asked what City Boards will be represented on the proposed Task Force. City Planner Smyser stated that the Task Force was proposed to consist of two members of the Environmental Board, the Planning & Zoning Board and the Economic Development Authority. Councilmember Carlson requested confirmation that the Park Board would be brought into the process when and if an issue arises under their jurisdiction. City Planner Smyser stated that this was correct. Councilmember Carlson suggested that the Staff Report describing the proposed scope of the moratorium regarding smaller developments be amended to state, "Subdivisions that result in up to four residential lots would be exempt..." She felt this amendment would clarify that the moratorium does not apply to commercial and industrial developments. 9 COUNCIL MINUTES DECEMBER 17, 2001 City Planner Smyser indicated that the wording of his report is not identical to the Resolution language. He indicated that Section 3(E) of the Resolution specifies what the moratorium does not apply to. Paragraph 4 of that Section states that the moratorium would not apply to applications for preliminary plats for commercial, industrial, or other non-residential development. Councilmember Reinert noted that the City Council has discussed this topic in a few short meetings. He stated that at first he wondered if the intent of the City could be accomplished without a moratorium. He stated that after learning more about the reasons why a moratorium would be needed and the possible legal ramifications of not having a moratorium while working on the ordinances, he has come to understand the reasons for needing one. However, he noted that staff has indicated there are a total of 143 different issues that need to be discussed and addressed on this topic and at this point he does not know what these issues are. He felt that without this information he would be voting in the dark and he wondered if all 143 issues needed to be included on the list. He questioned whether some of the issues could be dealt with outside the moratorium. Councilmember Reinert was not certain whether he should vote for this issue this evening. He acknowledged that at some point the City will need a moratorium for some amount of time to update its ordinances. However, he would prefer to know more about the 143 topics before voting on the moratorium. Councilmember Reinert stated he was primarily concerned about the process that would be followed. He felt that the process will determine whether or not this issue is handled smoothly and at this point he was not convinced that the process has been finalized. He felt that establishing a moratorium before the process is established is putting the cart before the horse. Councilmember Reinert noted the intent of the moratorium was to allow City staff to develop ordinances that will allow the City to achieve the goals of the comprehensive plan. He indicated the moratorium is not intended to stop or to control growth. Rather, the moratorium will provide the City with the tools to control growth in the future. Councilmember Reinert stated that he had thought long and hard on whether he could vote on this issue tonight. He felt that more work needed to be put into establishing the process of updating the City's codes prior to approving a moratorium. He felt that voting on this issue this evening would be premature since the Council has not considered everything that needs to be considered to begin the process. Councilmember Reinert stated that he intended to vote for the proposed moratorium at some point but he would like more information in order to ensure that the work will be completed within one year so the moratorium will not need to be extended. Councilmember Reinert moved to table consideration of the FIRST READING of Ordinance No. 23- 01 to the January 14, 2002 City Council meeting. 10 COUNCIL MINUTES DECEMBER 17, 2001 Mayor Bergeson suggested that prior to voting on this motion the Councilmembers have an opportunity to ask questions of City staff. Councilmember O'Donnell, in response to Mr. Blanchet's concerns, wished to address the tools the City will have available to them once the new ordinances are in place. He indicated that the Councilmembers have questioned a number of times whether the comprehensive plan goal of reducing growth to an average of 147 per year will be a tool for the City to control growth. He was not certain whether the Council has received a good answer to that question; however, he was not certain a good answer was available. He was concerned by the possibility of the City establishing the proposed moratorium and spending one year of City staff time and effort creating ordinances and finding that it still cannot control growth. City Planner Smyser stated that the purpose of the moratorium was to allow City staff to do the work they need to do. He stated that if the moratorium is not established City staff will be hit with a number of development issues, which will take away resources needed to follow through with the process. He stressed the fact that the moratorium and the ordinance provisions are two separate items. Councilmember Reinert stated that he would prefer a couple of extra weeks to ensure that the process the City intends to follow is the correct process so there will be no delays when the moratorium expires. He understood the need to protect the City through a moratorium between now and the time the new ordinances are in place. However, he would prefer that the process be determined prior to the approval of the moratorium. He was concerned about the 143 items that City staff have identified that need to be covered during the moratorium. City Planner Smyser noted that the action being requested of the City Council this evening was for the first reading of the proposed ordinance and the second reading was scheduled for January 14, 2002. After the second reading, the ordinance will need to be published and the moratorium would not take effect until the end of February. He indicated the Council does not approve an ordinance until its second reading. He recommended that the Council approve the first reading this evening and direct City staff to put together information on the process, which could then be reviewed during the second reading. He stated that if the first reading is delayed to the next Council meeting, this will add approximately one and one-half months to the entire process. Mayor Bergeson asked that City Planner Smyser address Councilmember O'Donnell's question regarding the City's ability to control growth. City Planner Smyser stated that the City was not, nor has it ever proposed to establish a cap on building permits. He indicated that the figure of 147 was the City's goal for the average number of new residential developments within a period of one year. He stated that the City has the right, authority and ability to use the City's control of MUSA allocations to implement this goal. Councilmember Carlson requested an estimate on the number of new plats that would be submitted to the City after the beginning of the new year. 11 COUNCIL MINUTES DECEMBER 17, 2001 City Planner Smyser indicated that there have been a number of developers waiting to submit plans to the City for years. He indicated that there is not a great deal of MUSA available in the reserves. He stated once the Metropolitan Council approves the City's comprehensive plan, MUSA acreage will again be available. City Planner Smyser estimated that there were approximately three to four properties with a minimum of 80 acres each waiting to propose plats to the City. Additionally, there were a few locations in the City's existing MUSA areas that may be interested in proposing plats; however, plans have yet to be submitted. Councilmember Carlson requested confirmation that there were approximately four properties not currently located in the MUSA with at least 80 acres, for a total of approximately 320 acres, that may currently be ready for development. City Planner Smyser stated that this was correct. Councilmember Carlson noted that this could result in over 700 new units being proposed in the City. She expressed concern that if the moratorium is not established, the City could face litigation if the ordinances are not in place to protect the City and implement the comprehensive plan goals of controlling growth. Councilmember Reinert noted the City cannot allocate MUSA funds it does not have. Additionally, he pointed out that the comprehensive plan has not yet been approved by the Metropolitan Council. He indicated that the City was approximately 10 weeks away from having MUSA available and he did not want the City to find itself in a situation where it has MUSA available but does not have the necessary ordinances in place to achieve the goals of the comprehensive plan. Councilmember Reinert felt that if the City moved too fast on establishing a moratorium without a process in place it would be a major risk. He encouraged City staff to move forward in establishing a process to create the necessary ordinances to achieve the goals of the comprehensive plan so the moratorium can be approved. Councilmember Dahl asked if the local developers had been notified of the pending moratorium. City Planner Smyser indicated the proposed moratorium has been publicized and he has received a number of calls from local developers. Councilmember Dahl expressed concern that she did not know what the 143 topics are that City staff intends to address. However, she was also concerned about the possiblity of the comprehensive plan being approved without a moratorium in place and without the necessary ordinances in place to support the goals of the comprehensive plan Councilmember Dahl noted City Planner Smyser had estimated that there were approximately four properties waiting to propose plats to the City and she believed these developers will begin to put pressure on the City if it does not move forward with the updates to the City Code. She felt if pressure is put on staff this will also cost the City time. 12 COUNCIL MINUTES DECEMBER 17, 2001 Councilmember Dahl pointed out that in the moratorium fact sheet provided to the City Council, it states that the City has outdated rules, which she agreed with, and that the City's zoning and subdivsions ordinances are the specific rules that developers must follow. The fact sheet also stated that the City will write new ordinances to proivde the legal authority needed to regulate good quality development, which she believed the City Council and most citizens wanted. Councilmember Dahl noted that the fact sheet also stated the interim moratorium will give the City time to devise stronger controls so that it can be proactive rather than reactive for future planning. She felt if the ordinances are not in place the City has no controls. She reiterated that the City's rules and comprehensive plan are very outdated. She believed in order for the City to have quality development it is imperative that the new ordinances are established and, if City staff believes the only way they can concentrate on establishing such ordinances is to approve an interim moratorium, she would prefer that staff take the time to do the work right the first time so the ordinances do not have to be amended later. Councilmember Dahl noted that the City Council had voted unanimously to approve the comprehensive plan and knew that ordinances would need to be in place to implement the plan. She felt the Council should move forward with the moratorium to allow City staff to work on the necessary ordinances. Councilmember Dahl believed City staff was planning an aggressive schedule and, although there were never guarantees when work will be completed, she believed staff would acomplish this work within the anticipated time frame. She suggested that the City Council approve the first reading this evening in order to move forward with this matter. Mayor Bergeson noted Councilmember Rienert had moved to table consideraiton of the interim ordinance and he asked if at this point Councilmember Reinert intended to move forward with this motion. Councilmember Reinert stated that the discussions so far have not changed his mind. He felt the Council was not prepared to act on the proposed interim ordinance this evening. He understood that the action requested this evening was only for the first reading of the ordinance, however, he noted the first reading would be to approve a moratorium of one year. He felt the Council needed to discuss this matter further to determine just what they would be voting for. He noted he has not seen an aggressive schedule for the necessary work proposed by City staff. He stated that his motion would be to table the proposed interim ordinance and to direct City staff to take a closer look at the process to ensure it is the correct process to accomplish the necessary work in a timely manner. Mayor Bergeson noted the motion was open ended and asked if a date should be included for when this issue will be reconsidered by the City Council. Councilmember Reinert stated that the issue should be reconsidered at the next regular Council meeting since he would not want to take more time than this. Mayor Bergeson seconded the motion. 13 COUNCIL MINUTES DECEMBER 17, 2001 Cuoncilmember O'Donnell stated he did not second the motion because this evening's action was only the first of two readings on the proposed ordinance. He felt the City Council could direct staff to gather more information regarding the process prior to the second reading. Then, if the Council feels the process information is not sufficient at that time, the interim ordinance could be denied and started over. Councilmember Reinert stated he would not want to have to start over with this issue. He noted if the City Council approved the first reading this evening and the second reading fails, more time will be lost. He noted Councilmember Carlson had expressed concern for the urgency in establishing the ordinances in a timely manner. Councilmember Reinert stated he did not wish to be in a position of tabling the interim ordinance, however, he had been fairly disappointed by the limited amount of information before tonight's meeting. Additionally, he noted that all the issues he has brought up this evening have been brought up by him in the past during Council discussions on this topic. Councilmember Carlson did not support tabling the interim ordinance this evening. She noted that an interim ordinance referring to a moratorium had been discussed by the Comprehensive Plan Committee and was discussed by the City's Planning Consultant when the Council approved the comprehensive plan. Councilmember Calrson stated the Environmental Board had in June unanimously recommended an interim ordinance for a moratorium. She believed City staff has considered all the ramifications of the moratorium carefully and she is very supportive of staff's work. She stated she has seen a great deal of effort, hard work and improvement in the City's Planning Department. Councilmember Carlson believed that tabling the interim ordinance this evening would delay the entire process for four weeks and she felt the Council should approve the first reading as presented this evening. Community Development Director Grochala believed that there would be an option, if the City Council feels the information provided during the second reading was not sufficient, to table the second reading to the following regular meeting. Community Development Director Grochala stated that the 143 issues reflected his reviewing the comprehensive plan and identifying policy statements within the plan that focused on zoning and subdividison ordinance issues. He indicated that most of the 143 policy statements will not require separate ordinances to address, however, they provide City staff with a reference to create policies to implement the goals of the comprehensive plan. He stated that the 143 policy statements he mentioned to the Council are condensed into a list included in the implementation section of the comprehensive plan. Community Development Director Grochala stated City staff has been attempting to put together ideas and a process on how to proceed with the implementation of the comprehensive plan. He stated staff intended to come back before the City Council at their January 14, 2002 meeting with a 14 COUNCIL MINUTES DECEMBER 17, 2001 proposed Resolution dealing with the process. He stated that the intent was to establish a list of who will be working on the process and determine the rules and responsibility of the members of the Task Force, as well as the role the Council will play in the process. He stated that a timeline will also be established in order for the new ordinances to be effective in conjunction with the expiration of the moratorium. Community Development Director Grochala noted City staff has begun work on preliminary documentation in preparation of the training workshop on January 26, 2002. Community Development Directors Grochala believed that the burden of completing the necessary work on time will ultimately be on the City Council since the Council has the final authority to approve the ordinances. Councnilmember Reinert stated he was very concerned about the process. He noted that, although City staff has not planned its work yet, the Council was being asked to pass an ordinance this evening based on that work. He stated that he would feel better about voting on this issue this evening if staff would be able to prepare information regarding the process prior to the January 9, 2002 Council work session. He stated he did not want to have to decide at the next Council meeting on whether or not to table the ordinance Community Development Director Grochala indicated he intended to bring information regarding the process policy to the City Council during their January 9th work session for their review so the information can be updated as necessary prior to the second reading of the ordinance on January 14th He indicated the information presented to the Council on the 9th of January would not include the specific issues that would be discussed by the Task Force at each meeting. Councilmember Reinert stated he would not expect this much information, rather he would simply want to review the proposed rules of engagement for the process. Mayor Bergeson stated that his primary concern regarding the proposed moratorium, which he has brought up in the past, was the impact on commercial development. He was concerned that if the City Council approved the first reading this evening, regardless of whether there were opportuntities to fine tune the ordinance, this action will be the headline. He feared this would send a clear message to the business community, who may feel that perhaps Lino Lakes was not the place to bring their businesses. He felt that this issue has not yet been addressed. Mayor Bergeson noted one question in the fact sheet information was why the City cannot get the new ordinances in place without suspending new residential development for one year. He stated the answer to that question had been that the City could, but it would take longer because City staff members, who will be key to rewriting the regulations to enforce the Comprehensive Plan, will have a window of time free from reviewing new applications to devote to this revision of the zoning and subdivision codes. He felt that this answer meant that the reason for needing a moratorium was due to a lack of resources. He felt that if this was the primary concern, then the City should discuss obtaining more resources to allow the rewriting of the regulations and the reviewing of new applications at the same time. 15 COUNCIL MINUTES DECEMBER 17, 2001 Mayor Bergeson stated he had other issues he wished clarified and thererfore supported the motion to table consideration of the interim ordinance. Councilmember O'Donnell believed that a headline regarding this issue has already been made and no matter when the ordinance is passed there will be another headline at that time. He shared Mayor Bergeson's concerns regarding how the proposed moratorium would affect commercial and industrial development. He stated that he supports commercial and industrial growth within the City, however, he was concerned about residential development reaching a record pace over the next two to three years. He stated he supported managing the growth, as well as the proposed interim moratorium. Councilmember O'Donnell feared that tabling the proposed interim ordinance would delay the process and he wished for the process to start immediately in order for the new ordinances to be in place as soon as possible. Therefore, he would vote against the motion to table the ordinance. He felt if City staff does not deliver the necessary information during the January 9, 2002 Council work session, then the Council could consider tabling the second reading of the ordinance at that time. Councilmember Carlson believed that a large part of the effect the City Council will have on the development of the community, both commercial and residential, is how the Council handles this matter. She stated the Council had been able to come together as a team during the comprehensive plan update and the challenge will be to come together as a team again in moving through the moratorium and getting the comprehensive plan approved and in place for the benefit of the entire City. Councilmember Dahl believed that the developers of commercial and industrial uses are always aware of what cities are doing and that they will realize the proposed moratorium makes good business and is a good common sense action for the City. Councilmember Dahl did not support the motion to table the interim ordinance. Councilmember Carlson voted nay. Councilmember O'Donnell voted nay. Councilmember Dahl voted nay. Councilmember Reinert voted yea. Mayor Bergeson voted yea. Motion failed on a vote of two to three. Mayor Bergeson called for a motion based on staff's recommended action. Councilmember O'Donnell moved to approve the FIRST READING of Ordinance No. 23-01, as presented. Councilmember Dahl seconded the motion. Councilmember Carlson noted the proposed ordinance states that the purpose of the interim ordinance was to protect the planning process; to protect the public health, safety and welfare; and to ensure that the City and its citizens retain the benefits of, and the protection afforded by, the City's comprehensive plan and offical controls until the study process is completed and any modifications to the City's official controls become effective. She felt that these statements explained the strong need 16 COUNCIL MINUTES DECEMBER 17, 2001 for the moratorium and she saw the moratorium as an opportunity for the City to implement the comprehensive plan and, if the moratorium is not passed now, she believed the City will lose that opportunity. Councilmember O'Donnell asked how the Councilmembers should communicate what they want staff to work on for the January 9, 2002 Council work session. Councilmember Reinert offered to provide his concerns to staff in writing. He noted, however, that he has expressed the same concerns at all Council meetings on this matter and he was upset that staff has not done their job regarding this matter up to this point. City Admistrator Waite Smith recommended that the Councilmembers be telephoned by staff and interviewed as to what they want presented at the January Council work session. Mayor Bergeson reiterated his concern of how the moratorium will impact future commercial growth in the City. Councilmember Reinert stated he was not opposed to the establishment of a moratorium, however he did not want the City to paint itself into a corner. He was concerned that the City would not be prepared once the moratorium expires. He stated he would not support the motion at this point but if staff provides the necessary information during the January Council work session, then he will vote in favor of the second reading. Councilmember Carlson voted yea. Councilmember O'Donnell voted yea. Councilmember Dahl voted yea. Councilmember Reinert voted nay. Mayor Bergeson voted nay. Motion carried on a vote of three to two. Ordinance No. 23 — 01 can be found in the City Clerk's office. Consideration of Termination Agreement With H&L Mesabi, Mary Divine — Mayor Bergeson indicated that during their Economic Development Authority meeting earlier this evening, the City Council approved the execution of a Termination Agreement with H&L Mesabi. He asked that Ms. Divine make a presentation on this issue. Ms. Divine explained that in March 2001 the Economic Development Authority passed a Resolution declaring H&L Mesabi in default on a Development Agreement and Assessment Agreement it had entered into with the Authority. The company had already purchased three acres of property in the Apollo Business Park before making a decision not to build its new facility. Ms. Divine indicated according to State Statute, all parties that enter into an Assessment Agreement must terminate the agreement by "mutual consent." Mr. Bernard Carey, President of H&L Mesabi, was advised that he must take action to terminate the Assessment Agreement with the Economic Development Authority, the School District and Anoka County, or pay taxes on a building that did not exist. 17 COUNCIL MINUTES DECEMBER 17, 2001 Ms. Divine advised Mr. Carey is now planning to sell the three acres of land, and as a condition of sale, his attorney is requesting a Termination Agreement be executed so that when signed by Mr. Carey, there will be evidence of mutual consent. Ms. Divine stated that the agreement is consistent with the Resolution adopted in March, but the Economic Development Authority never explicitly authorized the President and Executive Director to sign such an agreement. The action taken this evening by the Economic Development Authority makes that authorization. Councilmember Dahl moved to approve the execution of a Termination Agreement with H&L Mesabi. Councilmember Carlson seconded the motion. Motion passed unanimously. UNFINISHED BUSINESS CONSIDER APPROVAL OF MEETING MINUTES Mayor Bergeson indicated that there had been a request to pull the minutes of the October 8, 2001 Council meeting and the November 21, 2001 Council work session for further review. Mayor Bergeson stated the minutes of the December 10, 2001 Council meeting had shown Councilmember O'Donnell as being present but he was absent and the minutes should beamended as such. Councilmember Dahl believed that on page five of the October 3, 2001 Council work session minutes, the statement in the middle of the sixth paragraph should be in the form of a question. Councilmember Dahl stated on the bottom of page eight of the November 13, 2001 Council meeting minutes it refers to the October 17, 2001 meeting with the Environmental Board and states that the motion had passed unanimously. However, she had not been in attendance at that meeting and she asked that the minutes be amended to reflect that. Mayor Bergeson noted that the reference to the motion passing unanimously would relate to all those who were present at the vote. Councilmember Carlson noted she had been absent from the October 3, 2001 Council work session meeting. October 3, 2001, Council Work Session Minutes — Councilmember O'Donnell moved to approve the October 3, 2001, Council Work Session Minutes, as corrected. Councilmember Dahl seconded the motion. Motion carried 3 — 0 — 2 (Councilmembers Carlson and Mayor Bergeson abstaining.) November 7, 2001, Council Work Session Minutes — Councilmember Dahl moved to approve the November 7, 2001, Council Work Session Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. 18 COUNCIL MINUTES DECEMBER 17, 2001 November 7, 2001, Special Closed Meeting Minutes - Councilmember Dahl moved to approve the November 7, 2001, Special Closed Meeting Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. November 7, 2001, Canvassing Board Meeting Minutes - Councilmember Dahl moved to approve the November 7, 2001, Canvassing Board Meeting Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. November 13, 2001, Council Meeting Minutes - Councilmember Dahl moved to approve the November 13, 2001, Council Meeting Minutes, as corrected. Councilmember O'Donnell seconded the motion. Motion carried unanimously. November 26, 2001, Council Meeting Minutes - Councilmember Dahl moved to approve the November 26, 2001, Council Meeting Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. December 10, 2001, Truth -in -Taxation Hearing Minutes - Councilmember Dahl moved to approve the December 10, 2001, Truth -in -Taxation Hearing Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. December 10, 2001, Council Meeting Minutes - Councilmember Dahl moved to approve the December 10, 2001, Council Meeting Minutes, as corrected. Councilmember Carlson seconded the motion. Motion carried unanimously. December 10, 2001, Special Work Session Minutes - Councilmember Dahl moved to approve the December 10, 2001, Special Work Session Minutes, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. NEW BUSINESS There was no new business to consider. COMMUNITY CALENDAR DECEMBER 18, 2001 THROUGH JANUARY 14, 2002: Wednesday, December 19, 2001, 6:30 p.m., Environmental Board Meeting Monday, December 24, 2001, Christmas Eve Day, City Hall Closed Tuesday, December 25, 2001, Christmas Day, City Hall Closed Tuesday, January 2, 2002, New Year's Day, City Hall Closed Thursday, January 3, 2002, 7:00 a.m., EDAC Meeting 19 COUNCIL MINUTES DECEMBER 17, 2001 Monday, January 7, 2002, 6:30 p.m., Park Board Meeting Wednesday, January 9, 2002, 5:30 p.m., City Council Work Session Wednesday, January 9, 2002, 6:30 p.m., Planning and Zoning Board Meeting Thursday, January 10, 2002, 7:00 p.m., Charter Commission Meeting Monday, January 14, 2002, 6:30 p.m., City Council Meeting ADJOURN There being no further business, Councilmember Reinert moved to adjourn at 8:26 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, January 28, 2002. Ann Blair, City Clerk John Bergeson, Mayor Transcribed by: Lori Rolfson TimeSaver Off Site Secretarial, Inc. 20