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HomeMy WebLinkAbout08/02/1999 Park Board Packet Lino Lakes Parks and Recreation Department 600 Town Center Parkway C I T Y ' O F Lino Lakes, MN 55014 N (651) 982-2440 Fax (651) 982-2439 OLAW; 9 CITY OF LINO LAKES PARK BOARD MEETING Monday,August 2, 1999 6:30PM ***AGENDA*** 1. Call to Order and Roll Call 6:30pm 2. Approval of Minutes from July 6, 1999 6:35pm 3. Setting Agenda 6:40pm 4. Open Mike 6:45pm 5. Review Potential Park Area in Clearwater Creek Development Center 6:50pm 6. Review Park Dedication for Majestic Pines Community Church 7:20pm 7. LaMotte Park Survey Results 7:50pm 8. Trails Update 8:05pm 9. Recreation Department Update 8:15pm 10. Parks Department Update 8:25pm 11. Old Business 8:35pm 12. New Business 8:45pm 13. Next Park Board Meeting—Tuesday, September 7, 1999 8:55pm 14. Adjourn 9:00pm If you are unable to attend the meeting please call Sandie at 651 982-2442. sw/parkbrd/8-2-99 Park Board Agenda.doc City of Lino Lakes Park Board Meeting July 6, 1999 The July 6, 1999 City of Lino Lakes Park Board meeting was called to order at 6 : 30pm, by George Lindy, Chair. Roll call was taken, members present were Jeff Reinert, George Lindy, Pat Huelman, Joe Boyle, and Paul Montain. Members absent were Pam Taschuk and Chris Welsand. Also present were Rick DeGardner, Public Services Director, and Sandie Wood, Office Manager. APPROVAL OF June 7, 1999 MINUTES: Paul Montain made a motion, seconded by Joe Boyle, to approve the June 7, 1999 minutes . The minutes were approved. SETTING THE AGENDA: Rick removed Item #5, Discussion of Comp Plan - Mayor Sullivan. Rick replaced Item #5 with Review Park Dedication for Highland Meadows East Subdivision. Rick added Wenzel Farms Trail Clearing to Item #11, New Business . Chair Lindy added Joint Meeting with Hugo Park Board, Washington County, Anoka County, and Lino Lakes to New Business also. The amended Agenda was passed as presented. OPEN MIKE• No one was present for open mike. REVIEW PARK DEDICATION FOR HIGHLAND MEADOWS EAST SUBDIVISION: Rick referred to the preliminary plat for Highland Meadows East . The plat indicates subdividing the area into seven single family residential lots and two outlots . Two of the single family residential lots have existing homes . Rick recommended that the developer pay $500 each for the remaining five lots to fulfill the park dedication requirements . This amounts to $2 , 500 . Paul asked if the area is south of County Road 14 . Mr. Bruce Kerber, North Suburban Development Inc . , came forward and stated the area is on 79th Street east of Highland Meadows Park. Chair Lindy stated the funds should be designated to go towards Highland Meadows Park. He stated that a cash dedication is appropriate in this case. 1 City of Lino Lakes Park Board Meeting July 6, 1999 Paul Montain made a motion, seconded by Jeff Reinert, to accept the $500 park dedication per lot for the five lots for a total of $2 , 500, designated for Highland Meadows Park. The motion passed unanimously. CONSIDERATION OF INSTALLING PLAYGROUND EQUIPMENT - LAMOTTE PARK: Rick advised a petition for the installation of playground equipment, benches, and picnic tables for LaMotte Park was submitted at the June Park Board meeting. This petition was signed by residents representing 29 households in the LaMotte Park area. Rick said he has also received some phone calls from area residents who would prefer that LaMotte Park remain an undeveloped park area. Rick suggested sending a survey to all area residents to determine what type of amenities are desired for this park if the Park Board wishes to explore the possibility of developing LaMotte Park. This may include playground equipment, horseshoes, sand volleyball, park benches and trees, or no improvements . Rick entered into the record etters from two residents that express concern regarding the development of LaMotte Park. The first letter was from Francis and Sally Timmer, 1541 LaMotte Drive. The second was from Horst and Margot Franke, 6941 LaMotte Drive. Pat Huelman made a motion, seconded by Paul Montain, to accept the letters into the record. Motion carried unanimously. Ms . Wendy Roland, 1554 LaMotte Circle, came forward and stated she moved into her home in 1988 . She has been waiting a long time to have a play area for children. She stated she submitted a petition signed by 29 households requesting a play area. There were only 4-5 families in the area that did not sign the petition. She continued stating she must drive 1/4 of a mile to go to a playground. She asked the Park Board to consider installing playground equipment at LaMotte Park. Chair Lindy noted that the letters entered into the record regarding the installation bring up very good points . 2 City of Lino Lakes Park Board Meeting July 6, 1999 n Ms. Roland stated some residents in the area want to keep it a green area because they exercise their dogs there. Any concerns regarding teenage problems are not warranted. Chair Lindy stated there is the issue of park duplication in Centerville. The playground being developed there is only five houses down the road. He asked if a play structure is going to be installed. Ms. Roland stated the City of Centerville has indicated a play structure will be installed sometime in the future. Rick added that Centerville has applied for a grant relating to the installation of playground equipment at the park. A play structure will be a lower priority if the grant is not received. Chair Lindy stated that initially it was proposed that the land be sold because it was not being used. Residents at that time indicated they were in favor of an informal ball field and having trees planted. Ms . Roland stated the residents are in favor of trees being planted that would face LaMotte Circle. Leaving the area a green area is not the general feeling of the residents at this time . There are many children in the area and the number of children is growing. Chair Lindy asked if the adjoining property owner right next to the park signed the petition. Ms . Roland advised the two closest property owners did sign the petition. Paul stated that duplication to the park in Centerville is an issue. He asked what amenities the neighborhood would like to see in LaMotte Park. Ms. Roland stated the residents are in favor of a swing set, slide, climbing equipment, benches, and a picnic table. The play equipment should be geared towards younger children. Jeff stated that before anything is done, the City should get together with the City of Centerville to determine what they are developing. 3 City of Lino Lakes Park Board Meeting July 6, 1999 n Pat stated the next move would be to master plan the park. Then the park would be but on a list of priorities . At this time there is no funding available. Rick suggested a survey be sent out to the residents to determine their priorities . Ms . Roland stated she has already determined the priorities of the residents . She stated a survey would be a duplicate effort . Rick stated a survey would give the residents an opportunity to respond to the Park Board. A response is needed from all residents . He suggested Ms . Roland notify the neighborhood that a survey is coming. Chair Lindy explained that a survey is part of the Park Board' s protocol and process . Every citizen needs the opportunity to respond and give their opinion. The survey will not slow down the process . It may be 3-5 years down the road before a play structure is installed. Paul added that even if the Park Board had a pool of money the process must be followed. A play structure costs $25, 000 - 30, 000 . Currently, 1/3 of the City' s park land is not even being mowed. Funding is a major problem. Ms . Roland stated this project is a real issue and very important to her. She asked how she can push this through. Jeff stated a procedure has to be followed. The Park Board is not ignoring her efforts or request . Lobbying efforts on her part will be effective. The petition did get the issue on the Park Board' s agenda. Rick added that residents need to understand there are only two funding sources for City parks . The first is park dedication funds from development . The second is dollars coming from the General Fund. At this time, the City Council has not allocated General Fund dollars for park development . Park Dedication Funds are normally reviewed in January of each year. A list of priorities is set and it is determined where the money will go. Residents may want to make the City Council aware if they want General Fund dollars used for park development . 4 City of Lino Lakes Park Board Meeting July 6, 1999 n Rick continued stating it is possible to proceed with the survey and a mini master plan. If funds become available a play structure might be installed. The Park Board determines if it is feasible to spend the money which is dependent on funds and the residents needs . Ms . Roland thanked the Park Board for their time. It was the consensus of the Park Board to direct Rick to proceed with the survey to all residents in the LaMotte Park area. Rick added he will proceed with a mini master plan after the surveys are received. DEVELOPMENT OF BEHM'S CENTURY FARM PARK: The first reading of Ordinance No. 16 - 99, Sale of City Property, Behm' s Century Farm Park was presented and passed unanimously at the June 28, 1999, Council meeting. The second reading is scheduled for the July 12, 1999, Council meeting, and if approved, goes into effect 30 days from publication. The purchase agreement calls for selling 2 . 55 acres of park land in exchange for development of the remaining six acres. This agreement includes clearing and grubbing, grading, four inches of topsoil import, seeding, and construction of trail including engineering, four inch sub-base and two inch bituminous . Mr. Uhde has agreed to provide a summary of development costs . If costs total less than $75, 000, the difference will be paid in cash. Rick referred to the final concept plan noting the eastern trail is located within a 50' wide strip of park land leading to Mustang Lane. With the Park Boards approval, he asked to begin the process to install playground equipment later this fall with Park Dedication Funds that were received from the Behm' s Century Farm Development . Chair Lindy asked about the 50' wide easement . Rick advised the 50' wide strip leading to Mustang Lane is park land. Pat asked if a bridge or culvert will be put over the ditch. Rick advised the trail located in the northwestern part of the park will not be put in at this time . Paul Montain made a motion, seconded by Joe Boyle, to proceed with the process to install playground equipment in the amount of 5 City of Lino Lakes Park Board Meeting July 6, 1999 n $28, 000 with the remaining $7, 000 for site prep, wood fiber and border coming from dedicated park funds. Jeff asked if the City will need to fund any of the development if costs are more than $75, 000 . Rick stated the developer is responsible for the development costs even if the costs go over $75, 000 . RECREATION DEPARTMENT UPDATE: Rick referred to the Parks and Recreation Department update for June, 1998 that reviewed the Program Highlights . Rick noted that over 200 children are registered in the playground program this summer. The response to the $25 fee has been very positive. Rick stated that 96 children are enrolled in the Soccer Fundamentals program. Participants are learning basic skills and techniques as well as experiencing game play and teamwork. The new Options program with the YMCA is going well . There is an energetic group of children in this program and the summer is proving to be a valuable learning experience for everyone. The early season rain has raised havoc in the T-Ball program, but the volunteer coaches have been outstanding. Registration for the Fall Soccer Program have begun. The location of games may change due to turf restoration at Rice Lake Elementary. Over 90 children are registered for the annual Safety Camp that teaches 3rd grade graduates about safety issues . There have been five Party Wagon parties to date. The wagon has been reserved for many weekends from June - September. In addition, people have been contacting the office for 2000 reservation dates . PARKS DEPARTMENT UPDATE: Rick reviewed a memo from Mike Hoffman, Parks Supervisor, which summarizes the maintenance highlights for June, 1999 . Rick noted that the Maintenance Department continues to work on Marshan Park playground and Arena Acres playground. Due to a 6 City of Lino Lakes Park Board Meeting July 6, 1999 number of back ordered parts these projects are not yet complete. The back ordered parts should be arriving shortly and will be installed shortly thereafter. The Parks Department is caught up on weekly mowing and trimming of all parks . The Department has also spent a lot of time on the landscaping of Town Center site tree planting, establishing grade, and sodding. OLD BUSINESS• None NEW BUSINESS• Wenzel Farms Trail Clearing - Rick advised the necessary trail easements were acquired this past winter. The City Council has allocated funds for the tree clearing within the trails easement . Apparently, this past weekend approximately six additional Poplar Trees fell on the trail . The tree contractor has indicated there will be an additional $2, 000 fee for removal of these trees. Rick asked the Park Board to consider an additional $2, 000 from Park Dedication funds to clear the trees so the project will not be delayed. Chair Lindy stated he received an estimate of $145 per tree for tree removal on his property. He stated he is in favor of authorizing $2 , 000 for additional tree removal so the project can proceed. However, he would like to receive other bids for the tree removal . Rick advised he will visit the site and determine a fair cost . He will also investigate the possibility of Park personnel removing the trees. Paul Montain made a motion, seconded by Pat Huelman, to authorize the additional tree removal at Wenzel Farms not to exceed $2, 000 and staff should look at other options . Motion carried unanimously. Rick noted there are a number of Chinese Elm Trees that are apparently within park land at the Lake Drive access . The City may have to look at removing these trees to eliminate the possibility of future damage that may occur to the townhouses . Joint Meeting with the Hugo Park Board, Washington County, Anoka County, and Lino Lakes - Chair Lindy stated the City of Hugo has 7 City of Lino Lakes Park Board Meeting July 6, 1999 instituted a park board. They have discussed the possibility of a joint meeting between the City of Hugo, Washington County, Anoka County, and Lino Lakes . Discussion would include a number of developments that overlap between the two cities . Other issues include the Regional Park regarding trail segments . Hugo may want to connect their trail segments to trail within Lino Lakes to allow access to the Regional Park. Allowing Hugo access may allow Lino Lakes a trail access over the I35E freeway. It was the consensus of the Park Board to have Chair Lindy pursue a joint meeting with the City of Hugo, Washington County, Anoka County, and the City of Lino Lakes on August 25, 1999, at the First Star Bank in Hugo. Pat requested Rick provide an outline of how the new type of conservation development will impact parks in the City overall . He also suggested a work session relating to park financing. Paul stated the Park Board needs to look at how the City' s park dedication fees compare to neighboring cities . Chair Lindy suggested Jeff Smyser, City Planner, be included in the discussion regarding the Park Board' s budget concerns relating to development of parks, upgrading of parks, and the maintenance of parks . Paul added that the City Council could change the park dedication requirements by changing the ordinance. Jeff stated that somewhere along the line funding for the City' s parks may have to come from the General Fund. Rick noted that dollars for parks do come from the General Fund in other cities . Regarding conservation development, the City is looking at a more cooperative effort with the developer for the development of parks as opposed to a cash dedication. Most of the revenue that will be generated for parks will have to come from commercial/industrial development . Chair Lindy stated the Park Board' s concerns regarding funding need to be voiced to the City Council and administration. Rick advised he is waiting for Mr. Smyser' s perspective regarding the park dedication ordinance . When his comments are received, they will be brought before the Park Board. Because conservation 8 City of Lino Lakes Park Board Meeting July 6, 1999 development is new within the City, it is difficult to quantify the effect on the parks . The City has made a commitment to maintain the open space in Clearwater Creek. Those funds will come from the General fund. SCHEDULE NEXT PARK BOARD MEETING: The next Park Board meeting will be held on Monday, August 2, 1999, 6 : 30pm, at the new Lino Lakes City Hall . Rick noted he will not be present for the August 2, 1999, Park Board meeting. ADJOURN• Paul Montain made a motion to adjourn, seconded by Jeff Reinert . The meeting was adjourned at 8 : 05pm. Respectfully Submitted, Kim Points Recording Secretary 9 Lino Lakes Parks and Recreation Department 600 Town Center Parkway CITY O F LLino Lakes, MN 55014 N KE (651) 982-2440 Fax (651) 982-2439 July 28, 1999 TO: Park Board Members FROM: Rick DeGardner, Public Services Director SUBJECT: Review Potential Park Area in Clearwater Creek Development Center John Powell, City Engineer, will discuss the potential for the city to acquire park land in the Clearwater Creek Development Center. This park area may permit us to design an active play area, such as soccer or baseball, to serve present and future residents in the Clearwater Creek Developments. If this scenario becomes a reality, the need for an athletic field in the recently acquired 5.5 park area in the Clearwater Creek Third Addition may not be necessary. If this land becomes available, it would fulfill current and possibly some future park dedication requirements as this area develops. RD:sw sw/parkbrd/Review Potential Park Area in Clearwater Creek Development Center.doe iI ® SCALE IN FEET I I ,max �4;�.�:<.• _ - r'�-_�'�� I tt-,•tvlf_•. I PROPOSED DEVELOPMENT Li LLJ LLJ /RN ' gML�Ww pTUT% aLc n G wL. � �A.uML�. TKDA OTTER LAKE ROAD REALIGNMENT TO .amc,.N-lH-AN&—A7D ANp ASSOCIATES INCgtPORATED ARNT PARK PROPOSAL CONCEPT A 10414-99A dC o. ogre er of nLNsars P are ariias No. iaHn ENGINEERS-ARCHITECTS-PLANNERS SAINT PAUL•MINNMS LINO LAKES MINNESOTA SHEET NO. 1 OF 2 SHEEiS 1�I i I —A III 5 50 1 O -- ® SCALE IN FEET NAM., n � t'. i3 '>r' ......: .. . ._.> ...,,.Vic+.—..,... .. - ..:,,,.......... _.._... ."Y• PROPOSED E I :.: DEVELOPMENT " , (ADULT-'SLOW. PAX H) 12 �- -01 1 W LLJ IL sy A�Ln NNAuoRT��D wn� N TKDA OTTER LAKE ROAD REALIGNMENT p �RLG RLG ,,N,pyApr NCHrzcr 3 ^M`•a's a"< Arz or NwNrsm. TDLTZ,KING,W VAl1,ANDRA.. ARNT PARK PROPOSAL CONCEPT B arRrD AND ASSOCIATE$INCDRPORAIED 10414-99A No. DATE er oEscmPnoK v REesaxs •~P rz Anzo m. 16a 6 ENGINEERS•ARCHITECTS•PLANNERS SLANT P—.—NESDTA LINO LAKES MINN SHEET N0. 2 OF 2 SHEETS W Lino Lakes Parks and Recreation Department 600 Town Center Parkway C I T IYn ki, F Lino Lakes, MN 55014 N KE (651) 982-2440 Fax (651) 982-2439 June 28, 1999 TO: Park Board Members FROM: Rick DeGardner, Public Services Director SUBJECT: Review Park Dedication for Majestic Pines Community Church Enclosed is a site plan for the proposed Majestic Pines Community Church which is located on Centerville Road south of Birch Street. Enclosed is a map identifying its location. The proposed building consists of 26,336 square feet. Based upon the current Park Dedication Ordinance the cash dedication for this project amounts to $3,502.60. This figure is computed at the rate of$133 per 1,000 square feet. It should be noted that when future phases to expand the building occurs, additional park dedication fees must be considered. The site plan indicates an extensive trail system consisting of wood chips. I am not aware if the intent of this trail system is for public or private use. If it is determined for public use,we may want to keep in mind the possibility of connecting this trail system to the proposed athletic complex property. The Comprehensive Park Plan and Development Guide indicates a desire to loop Amelia Lake with a linear trail corridor. It is my understanding that representatives for this project will be available to discuss this project with the Park Board. 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I , • (j 1 BU,LDINC AREA; 36,336 50.R.-3%Oi ST£ I l•r 1� PARFAtN(rARD 74,861 SO.FT.-9%OF STE I 1JL S1RfACE AREA: GREEN/WETLAND 751,254 SO.FT.-88%OF SITE I �j PARKING PRONGED 196 PARKING STALLS __ 1 1 1 I I .. _ 0elr f5 JAY was IBURGING AREA: 33.7_60 S0.FT.(+26,336 AI.).7%OF STE _ �1 P w e s.,w/ucr 1 I PARKING ARD 67.565 S0.FT.1.74.861 al)-11%OF STE 1S1RFA AREA: W,w,4enu I I 1 -- GREENJNETLAND 649,11"SO.FT.-76%OF SITE AREA: IPARKING PROVIDED 112 (+196) .408 PARKING STALLS ^I I l I 1 I I BUILDING/PARKING 40 FEET-Cnlr,91•Road ,ee Ru,: TB SEACKS 30 FEET-Rea Yad 50 FEET-Side Yad SITE PLAN 150 FEET-OrdBay High Watr An* SITE DATA 25 FEET-Odir euled Wellaade NOTE: SEE SHEET NR-I FOR 11[7TAI1D REPLACEMENT{tAN THIS 47E rw1 1 li / `7, Lino Lakes Parks and Recreation Department 600 Town Center Parkway CITY p F Lino Lakes, MN 55014 L�NO[AKES (651) 982-2440 Fax (651) 982-2439 June 23, 1999 TO: Park Board Members FROM: Rick DeGardner,Public Services Director SUBJECT: LaMotte Park Neighborhood Survey Staff was requested to send out a neighborhood survey to LaMotte Park residents. Listed below are the results from the 22 surveys that were received. AMENITY YES NO NO RESPONSE Hardcourt/hardsurface games area(i.e.,basketball,hopscotch,etc) 9 12 1 Volleyball (grass) 9 10 3 Games such as shuffleboard, tetherball,horseshoes, etc. 8 13 1 Small play structure(3-5 year olds) 14 5 3 Small play structure (6-12 year olds) 14 7 1 Benches 14 6 2 Picnic tables and grills 7 12 3 No amenities (leave park as is) 6 16 0 IDENTIFY THE THREE MOST DESIRABLE AMENITIES. AMENITY 1ST 2ND 3RD Hardcourt/hardsurface games area(i.e.,basketball, hopscotch,etc) 3 1 4 Volleyball (grass) 0 0 1 Games such as shuffleboard, tetherball, horseshoes, etc. 0 1 1 Small play structure (3-5 year olds) 7 5 3 Small play structure (6-12 year olds) 6 7 2 Benches 0 1 1 Picnic tables and grills 0 1 1 No amenities (leave park as is) 1 0 0 OTHER AMENITIES SUGGESTED Ballfield 1 0 1 Bike Course 0 1 0 Swing Set 1 0 0 Grass Area 1 0 0 ,--►�KIDS/AGES 0 0 1 5 years 2 16 months & 3 months 2 19 years and 17 years 0 0 0 0 2 14 years and 17 years 1 11 years 0 0 3 8 years, 5 years, 3 years 0 0 1 5 4 17 years, 16 years, 13 years, and 8 years 2 12 years and 8 years 0 0 2 6 years and 11 1 3 year old 2 OTHER/COMMENTS Put up "No Golfing" signs. Just let the kids play ball there. ^Neighborhood dogs use this are to go to the bathroom. Tennis courts. We need a park for small children to play in. Put basketball courts etc in Central Park. Work w/Centerville to put hard courts and volleyball at Laurie Lamotte Park. We need things to keep teenagers off street. Some of these things will help. My preference may change if I knew what was going in Laurie Lamotte Park. Swing set. Why must every piece of land have to have something on it? Play structures look junky. Leave park alone. Keep part cut and whipped around trees. Keep clean. sw/parkbrd/LaMotte Park Neighborhood Survey Results.doc 7/23/99 �1 Lino Lakes Public Services Department .-1 „ 600 Town Center Parkway C I T Yi O F Lino Lakes, MN 55014 N (651) 982-2440 Fax (651) 982-2439 LO '� LaMotte Park Neighborhood Survey The Lino Lakes Park Board has been approached by residents in your neighborhood on the possibility of developing LaMotte Park. In an attempt to involve the entire neighborhood in the planning process, we are requesting you take a few minutes of your time to complete this survey. As funding becomes available we will consider how to develop this park based upon the information from the surveys returned. Please answer yes or no to the items listed below as being an amenity you would or would not like to have placed in this neighborhood park. AMENITY YES NO Hardcourt/hardsurface games area(i.e.,basketball,hopscotch,etc) Volleyball (grass) Games such as shuffleboard, tetherball, horseshoes, etc. Small play structure (3-5 year olds) Small play structure (6-12 year olds) Benches Picnic tables and grills No amenities (leave park as is) Other Please identify the three most desirable amenities with the first item being the amenity you would like to see installed first etc. Name Address Phone Number of children in your household and their ages Please return this survey to the Lino Lakes Parks and Recreation Department, 600 Town Center Parkway, Lino Lakes, MN 55014, or fax to 651 982-2439,by July 23, 1999. Thank you. Rick DeGardner Public Services Director sw/parkbrd/LaMotte Park Survey.doc d. Lino Lakes Parks and Recreation Department *IIKE 600 Town Center Parkway CITY F Lino Lakes, MN 55014 N (651) 982-2440 Fax (651) 982-2439 June 27, 1999 TO: Park Board Members FROM: Rick DeGardner, Public Services Director SUBJECT: Trails Update Otter Lake Road This trail is located on the eastern side of the realigned Otter Lake Road. The trail runs from Cedar Street to Main Street and will be constructed within the next few weeks. Lilac Street This trail is located on the north side of Lilac Street from Palomino Lane to Mustang Lane. Only the bituminous will be laid, since the Class 5 sub base was installed last year. Marshan Park This trail connection will connect Marshan Park to the Stage Coach trail cul-de-sac. This will provide a trail connection to the trail system adjacent to Marshan Lake. This trail connection will be located within the park property that was deeded to the city this past winter. Wenzel Farms Trail The damaged trees located to the south of the creek were recently cleared. The Parks Department will plan on stump grinding the trees and removing the remaining debris in this area. We still plan on installing the pedestrian bridge this fall. Additional funding will need to be secured to create the bituminous trails to complete this trail loop. Birch Park There is still no progress in acquiring land to connect the Trapper's Crossing Development to Birch Park. sw/prkbrd/July Trails Update.doc Lino Lakes Parks and Recreation Department ^� C IT 'Y"' Q 600 Town Center Parkway Lino Lakes,MN 55014 JIN KE (651) 982-2440 Fax (651) 982-2439 Ono Cakes Parks and X ecreation Department July Park Board Update ''N ac a� ire. It's summertime in Ono Cakes and that means... COTS O,FJUN! �- Program Hiswiglits JUh Park 130arb Vpbate 0 ��. Summer programs are wi"bi"S bown amb we are rapibN workj"S or our fall a"b wi"ter litieups. Although the weather has bee" a bit craz,4 this summer, we have beer boi"g well. Summer Plan,, rou"b ProSram - 200 clAbre" registereb for this program this summer atib the overall response has beer verb positive. Our fi"ale will be helb or JAM 29 a"b will i"clube games, treats, a stortiteller a"b lots of fume. do"s - 31 chilbre" registereb for this full-bati program a"b have beer havir g a great summer. The program will fi"ish or August b. Chilbre" have participateb i" weeklti fielb trips, games, arts-"-crafts, theme weeks a"b specialtti programs. Wi A Dab Trips $7 clAbre" participateb i" our four Wilb Awati for A Dab Trips this summer. We visiteb VallcMfAr, the MN Zoo, William O'Brier State Park a"b Cascabe DAM Water Park. Youth Dance - With this program Sai"i"g i" popularit4, it will be researcheb to offer a sensor pass so that people mati atte"b more tha" o"e sessio" if so besireb. Martial Arts - This is the first time i" several bears that we chose to offer a summer martial arts class. We were pleasa"thy supriseb to see the "umbers for this program. There were three full classes for the summer sessio". It will be researcheb to offer a seaso" pass so that people mail atte"b more tha" o"e sessio" if so besireb. S! f. t Camp - The area a""ual Safetti Camp is just arou"b the corer. The committee has beer plaNr i"S this eve"t for the past bear. As of JAM 26, 110 clAbre" have registereb for this program. This is the largest"umber to register i" the five 4cAr histor4 of the program. I=all Soccer - We have begu" taki"g registratio"s for this program. The registratior beabli"e is JAM 3o a"b prelimi"ar4 "umbers show stro»Ser"umbers i"the Vc, ar b Vs levels atib s"iAller "umbers i"the V10 a"b V12 levels thaN i" the past. At the preset time, the V14 levels "umbers are too low to co"buct a program as pla""eb. l" the future, it will be researcheb to orgy"ize a similar tvipe of program for the upper age levels with surrou"N"g comr"u"ities. Abult Slow Pitch Softball - We are comi"S to the fi"al portior of the summer seaso" with post scaso" plats. Registratioii has begun for the fall seaso" a"b from the "uribers alreabm i", it is a"ticipateb to have a" equal "umber of teams as last fall. Parttl WAS - I"review, the parni wagoii is veN popular. The Parts} Wagor has beer reserveb almost eveN weekeb from Ju"e - September. I" abbitio", people have beer co"tacti"S our office i"regarbs to 2000 reservatio" bates. Our reservatio" stlstem is abequate, but will be revicweb at the eb of the sensor to make a"H "ecessartl improveme"ts. Cestio"s? Please call Liz or Barr4 at 651-9s2-2440. Lino Lakes Parks and Recreation Department .•�, 7 600 Town Center Parkway C I T Y "O F Lino Lakes, MN 55014 N KES (651) 982-2440 Fax (651) 982-2439 June 27, 1999 TO: Park Board Members FROM: Rick DeGardner, Public Services Director SUBJECT: July Park Maintenance Update MAINTENANCE HIGHLIGHTS FOR JULY • Completion of Marshan Park playground. The back-ordered equipment finally arrived and has been installed. • Continued work on Arena Acres playground. Project is nearly completed with only a few back-ordered items remaining. Kid Timbers and resilient surfacing are in place. A retaining wall or grade work may be needed between the east wall and %2 court basketball court. • Summer fertilizer application to our irrigated athletic fields. • Installation of Parks and Recreation drop box at new Town Center. • Mowing and tree trimming along city trails. • Installation of chain link and wooden privacy fence along trail bordering 474 Arrowhead Drive. • Installed"No Trespassing" signs at Lino Park—private property bordering first base line. • Sealed deck and added wood chip mulch around base of cedar deck at Pheasant Hills Park. • Weekly Garbage pickup. • Weekly mowing and trimming of all parks and grounds. • Daily ballfield maintenance and preparation. • Playground Inspection. • Trail inspection. sw/mike/July Park Maintenance Update.doc Lino Lakes Parks and Recreation Department 7204 Lake Drive C I T Y��' �� O F Lino Lakes, MN 55014 KE (651) 780-1885 Fax (651) 784-7227 LNOLA CITY OF LINO LAKES PARK BOARD MEETING Tuesday,July 6, 1999 6:30PM MEETING WILL BE AT THE NEW CITY HALL COUNCIL CHAMBERS ***AGENDA*** 1. Call to Order and Roll Call 6:30pm 2. Approval of Minutes from June 7, 1999 6:35pm 3. Setting Agenda 6:40pm 4. Open Mike 6:45pm 5. Discussion of Comp Plan—Mayor Sullivan 6:50pm 6. Consideration of Installing Playground Equipment—LaMotte Park 7:20pm 7. Development of Behm's Century Farm Park 7:35pm 8. Recreation Department Update 7:45pm 9. Parks Department Update 7:55pm 10. Old Business 8:05pm 11. New Business 8:15pm 12. Next Park Board Meeting—Monday, August 2, 1999 8:25pm 13. Adjourn 8:30pm If you are unable to attend the meeting please call Sandie at 651 982-2442. sw/parkbrd/7-6-99 Park Board Agenda.doc City of Lino Lakes Park Board Meeting June 7, 1999 The June 7, 1999 City of Lino Lakes Park Board meeting was called to order at 6 :30pm, by Chair George Lindy. Roll call was taken, members present were George Lindy, Pat Huelman, Jeff Reinert, Joe Boyle, and Paul Montain. Members absent were Pam Taschuk and Chris Wesland. Also present were Rick DeGardner, Public Services Director and Sandie Wood, Office Manager. APPROVAL OF May 3, 1999 MINUTES: Jeff Reinert made a motion, seconded by Paul Montain, to approve the May 3 , 1999 minutes . The minutes were approved. SETTING THE AGENDA: The Agenda was passed as presented. OPEN MIKE• Rick entered into the record a letter from Byron J. and Wendy M. Roland, 1554 LaMotte Circle . The letter requested that playground equipment be purchased and installed in LaMotte Park as soon as possible . Enclosed with the letter was a petition signed by many neighbors supporting the request for playground equipment . Chair Lindy stated the issue should be put on the next Park Board meeting agenda. Chair Lindy requested Rick provide information on any funding that is available to the next meeting. DISCUSSION OF BEHM'S CENTURY FARM PARK: Rick stated the revised plan for Behm' s Century Farm Park has been submitted with the proposed residential lots along Mustang Lane reduced to four. The developer has discussed the concerns of the two existing residences and they have indicated support for the revised concept plan. There was also concern about homeowners located on Pony Court that requested a trail access to the park. This has also been accomplished. The two homes on the east side of Mustang Lane are currently up for sale . A full disclosure of this proposed plan will ensure than any potential homeowners are aware of the situation. The developer has indicated he will commit to the development of the park that was discussed at the May Park Board meeting. Rick stated that he and Jeff Schoenbauer are in agreement that the 1 City of Lino Lakes Park Board Meeting June 7, 1999 proposed concept plan is something that can be supported to accelerate the development of the Behm' s Century Farm Park. However, any agreement to reduce the existing size of this park area is directly related to the future park to the north of the Behm' s Century Farm Development . It needs to be very clear that the reason the City is able to reduce the size of the Behm' s Century Farm Park is a commitment from the developer and City to provide a more "destination" park as development to the north occurs . This future park may include a baseball field, basketball court, hockey rink, tennis courts, etc . Mr. Gary Uhde, Developer for the project, came forward and reviewed the revised plan. He noted the homes fronting Mustang Lane have been reduced to four allowing for a clear view to the park. A trail connection has been included. Landscaping along Mustang Lane has been increased. Mr. Uhde added he is hopeful of beginning the park improvements this year. Paul asked if Mr. Uhde had spoke with the two most affected homeowners . Mr. Uhde stated he did speak with those homeowners most affected and the two prospective homeowners . The homeowners indicated they would rather not have any homes there but the revised plan does address the majority of their concerns . They have indicated they are in favor of the park improvements . Paul asked about the size of the lots on Palomino Lane. Mr. Uhde stated the width of the lots are 801 . Jeff asked about the dollars involved regarding the new configuration. Mr. Uhde stated the lots on Palomino Lane will be lower in value because of the pipeline. He stated he is however, still committed to the same amount of park improvements . Paul asked about the cost of the improvements in relation to the value of the improvements . Mr. Uhde stated he is making an $80, 000 commitment . The value of that is equivalent to $100, 000 - $110, 000 if the city would coordinate the improvements . He stated if the improvements are less than that he will make it up in cash. 2 City of Lino Lakes Park Board Meeting June 7, 1999 Paul stated he does have concern regarding the City selling park property. However, he added he wants to hear how the residents feel about the revised plan. Pat stated he is also opposed to selling park property. He noted that the project is predicated on a bigger better park at sometime in the future . Mr. Uhde stated he does have a concept plan of the larger park. The plan will be reviewed by the City Planner later this week. Ms . Deb Peterson, 208 Palomino Lane, came forward an asked when the $35, 000 in the Park Fund will be used for a play structure in the park. Chair Lindy stated the play structure installation will be the first priority once the ground is ready. Mr. Greg Gifford, 214 Palomino Lane, came forward and stated he was led to believe from the designs that there would be a park there connected by a trail . Access to the park without having to n cross Lilac Street is very desirable. He stated he is in favor of the revised plan. Chair Lindy asked if the homeowners most affected by the plan are happy with the revisions . The homeowners indicated they are happy with the revised plan. Ms . Lawrence came forward again and expressed concern regarding the lack of parking. She also asked if there is funding for the trail connection from Behm' s 5th Addition. Chair Lindy stated money is budgeted each year for trails . Every year the trails are prioritized regarding completion. Ms . Lawrence stated that if there is no trail connection children will still have to cross Lilac Street to get to the park. Rick stated without a developed park the trail connection is a low priority. The trail connection would become a higher priority when the park is developed. Chair Lindy added that the intent of smaller parks is for the park to be for the neighborhood. Large parking areas are not needed in smaller parks . 3 City of Lino Lakes Park Board Meeting June 7, 1999 Mr. John Johnson, Engineer for Mr. Uhde, stated the trails in Behm' s 5th Addition will be graded when the watermain is completed. He stated there is room for 6-8 cars on the street . There is also space for a very small parking lot in the corner of the park if the City desires one. Mr. Bret Shroyer, 119 Mustang Court, came forward and stated the neighbors he has talked to do not like the idea of selling park property. However, they would rather have amenities in a smaller park than no amenities in a large park. Another resident came forward and stated there were many residents who were not aware that a vote would be taken regarding the plan at the last meeting. Because of that many people who are in favor of the park did not attend the last meeting. Mr. Randy Gamer, 107 Pony Court, came forward and stated he was against the previous plan. There was concern regarding the sale of park property and the six houses on Palomino Lane. He stated he was happy with the work and compromise that went into the revised plan. He stated his family is very excited for a park that can be used now. Mr. Chad Spencer, 101 Pony Court, stated he appreciates the revised plan and feels it works a lot better. He indicated he is very pleased with the revised plan and is no longer opposed to the project . Paul stated consideration for the park within 6th Addition and Moliter parcel needs to be included in the developers agreement . Awareness of the larger park needs to be made if there is a different developer or a new Park Board. Rick advised that this plan is based on the commitment to develop a larger park to the north of the Behm' s Century Farm development . He stated he also has signed forms indicating support of the plan from the four most affected homeowners . Paul Montain made a motion, seconded by Jeff Reinert, to approve the concept plan with consideration of a park in the next addition. The motion passed unanimously. Rick noted the next step is to go through the ordinance process . He suggested the process for new playground equipment may begin after the first Council discussion of the plan. 4 City of Lino Lakes Park Board Meeting June 7, 1999 DISCUSSION OF 1999 TRAIL CONSTRUCTION PROJECTS: Rick reviewed the proposed trail projects which include the following: 1 . Lilac Avenue from Mustang Lane to Appaloosa Lane Approximately 1, 400 feet . Sub-base already prepared with completion estimate of $8, 000 . 2 . Rice Lake Estates trail to Baldwin Park This trail was completed last month. Park dedication dollars were allocated in 1998 for this trail segment . 3 . Trail West of Linda Lane An existing trail was constructed outside of the trail easement . This will require removing a portion of the trail and constructing the trail in its proper location. The estimated cost is $5, 000 . 4 . Marshan Park Trail The trail should be completed in the next year or two. The estimated cost is $5, 000 . 5 . Trail Restoration and Repair There are number of trail segments in need of repair. This includes 8-10 culverts that have heaved and will need to be replaced due to safety issues . Rick noted the Park Board has designated $20, 000 for the park dedication fund and there is $15, 000 from the general fund. Rick reviewed other pending trail projects which include the following: 1 . Trappers Crossing to Birch Park Rick advised he has been in contact with the property owner' s attorney regarding the acquisition of land to proceed with this trail connection. A response regarding whether or not the property owner is willing to negotiate has not yet been received. 2 . Mallard Lane Rick stated he is currently working with Anoka County Parks and Recreation in designing a trail segment from Mallard Lane to the Regional Parks Reserve trail system. A decision regarding the DNR Grant for trail 5 City of Lino Lakes Park Board Meeting June 7, 1999 connection to the Regional Parks Trail system has not yet been received. 3 . Wenzel Farms Trail $15, 000 has been designated for the design and construction of the pedestrian bridge. Estimated construction costs for the trail are $23 , 000 . 4 . Behm' s Century Farm Park 5th Addition Trail Connection Chair Lindy stated that trails that have already been graded should receive first priority. He suggested the City back off on repairs and complete the trails that have been graded. Rick stated the trails that need to be repaired are a safety issue . The City needs to begin some trail restoration. The Lilac Street trail is the only trail with base on it that needs to be completed. Paul asked when the Mallard Lane trail will be ready to access . He also asked how many other accesses to the County Park will be developed. Rick advised the County plans to construct trail segments this fall . There will be approximately five trail segments allowing access to the County Park. The highest priority is Mallard Lane. Chair Lindy suggested Birch Park be put on the back burner. Pat stated there is no urgency with Mallard Lane and Behm' s 5th Addition. Chair Lindy added Mallard Lane should be a priority for the year 2000 . Rick stated decisions regarding trail paving projects should be made at the next Park Board meeting. He noted he will provide detailed costs of each trail project . 1998 EXCESS REVENUE: Rick advised the City Council has recently designated the 1998 Excess Fund Balance as related to the Parks and Recreation Department : 1 . Bleacher Replacement $25, 000 2 . Mallard Lane Trail Connection $28, 000 6 City of Lino Lakes Park Board Meeting June 7, 1999 3 . Wenzel Farms Trail Clearing $ 5, 000 Paul asked if $25, 000 is enough for the bleachers . Rick stated $25, 000 will take care of all existing bleachers within the City. Paul asked how many dollars were in the excess revenue funds . Rick estimated that the Parks Department received approximately 20% of the excess revenue funds. He noted the Parks Department received excess funds last year also. Those funds went exclusively to playground equipment . Rick noted the City is waiting to purchase the new bleachers to ensure the bleachers will meet next year' s standards . RECREATION DEPARTMENT UPDATE: Rick referred to the Program Highlights Flyer from May, 1999 . He noted that four classes will be offered this summer in the Soccer Fundamentals program. At this time, two classes are full and the other two have only a few spaces left . n Rick stated there are 19 preschoolers currently registered in the Preschool Playtime program. A few of the sites for the Playground Program already have over 20 registered participants . At this time, 33 out of the 40 spaces for the Options Program have been filled. Rick continued stating there are over 100 kids involved with the Youth Tennis Lessons . The number of lessons advertised has been increased. At the present time, 275 children are enrolled in the T-Ball program. The Recreation Department will attempt to offer additional classes later in the season based upon interest from participants . Rick stated Kite Day was a big success with 275 kite flying enthusiasts during the course of the day. Rick thanked the Lino Lakes Lions Club and Mountain Enterprises for their generous contributions to keep this event free for families . PARKS DEPARTMENT UPDATE: Rick reviewed a memo from Mike Hoffman, Parks Supervisor, which summarizes the maintenance highlights for May, 1999 . 7 City of Lino Lakes Park Board Meeting June 7, 1999 Rick noted that 40 bare root trees were planted at Sunrise, Birchwood Acres, Shenandoah, and Birch Parks . Also accomplished was the completion of improvements to Sunrise Little League Fields #3 and #4 . Rick continued stating the playground equipment was installed at Marshan Park two weeks ago. The Parks Department is currently game prepping 10-12 ballfields daily which is a 6-8 hour process . Wenzel Farms Tree Clearing - Rick stated the Council designated $5, 000 to clear the trees within the trail easement that were damaged in last year' s storms . A resident of the Wenzel Farms Townhome Association owns a tree service and has submitted a quotation for services at a very reasonable price. Rick referred to a notarized letter from the President of the Wenzel Farm Townhome Association authorizing this work to be done on their property. Arena Acres Playground Installation - Rick stated the next park scheduled for new playground equipment is Arena Acres Park. The playground installation will take place on Saturday, June 19, 1999, 9 : 00am. Park Board members are encouraged to assist neighborhood residents and park maintenance workers to install the new playground. Rick noted that with the recent resurfacing of the tennis courts and basketball court, Arena Acres Park will be in good shape after the playground installation is complete . Paul inquired about the number of active ball fields and soccer fields within the City. Rick advised there are 12 ball fields and 12 soccer fields . Paul also asked about the condition of the fields at Centennial Middle School . Rick stated the fields are in good shape and are currently being used. Paul asked about the number of fields within the City that are being mowed. Rick stated approximately 120 acres out of 180 acres are maintained by the City. He stated the Parks Department 8 City of Lino Lakes Park Board Meeting June 7, 1999 is currently behind on mowing due to the lack of seasonal employees . Pat asked about Rice Lake Estates Park. Rick advised Rice Lake Estates is set for turf establishment which will occur soon. OLD BUSINESS• 1999 Park Liaisons - Rick referred to a list of 1999 Park Liaisons that were assigned at the last meeting. NEW BUSINESS• None SCHEDULE NEXT PARK BOARD MEETING: The next Park Board meeting will be held on Tuesday, July 6, 1999, 6 : 30pm, at the new Lino Lake City Hall . ADJOURN• Paul Montain made a motion to adjourn, seconded by Joe Boyle. The meeting was adjourned at 7 :40pm. Respectfully Submitted, Kim Points Recording Secretary 9 eb C'O"A� Lino Lakes Parks and Recreation Department 7204 Lake Drive C I T l klli- O F Lino Lakes, MN 55014 L�N MES (651) 780-1885 Fax (651) 784-7227 June 30, 1999 TO: Park Board Members FROM: Rick DeGardner, Public Services Director SUBJECT: Discussion of Comp Plan—Mayor Sullivan Mayor Sullivan has expressed an interest to discuss various issues related to the comprehensive plan with the Park Board. RD:sw sw/parkbrd/Discussion of Comp Plan—Mayor Sullivan 5s Lino Lakes Parks and Recreation Department 7204 Lake Drive C f T Y�' O F Lino Lakes, MN 55014 L�N KE (651) 780-1885 Fax (651) 784-7227 June 6, 1999 TO: Park Board Members FROM: Rick DeGardner,Tublic Services Director SUBJECT: Review Park Dedication for Highland Meadows East Subdivision Attached is the preliminary plat for Highland Meadows East. The plat indicates subdividing the area into seven single family residential lots and two outlots. Two of the single family residential lots have existing homes. Therefore,my recommendation is to recommend that the remaining five lots pay$500 each to fulfill the park dedication requirements. This amounts to $2,500. RD:sw sw/parkbrd/Review Park Dedication for Highland Meadows East Subdivision.doe n CITY OF LINO LAKES LAND USE APPLICATION Check appropriate box: Fee Note: ( Conditional Use Permit $ Time spent by the City's Consulting Planner, Attorney, and Engineer ( ) Planned Development Overlay for reviewing applications, materials and preparing ( ) Rezoning reports will be billed to the applicant. ( ) Site Plan Review ( ) ariance _ Subdi 'sion 60 �.. ' ( Preliminary Plat D ( ) Final Plat JUN 11 1999 ( ) Lot Consolidation/Division ( ) Other r. - lddress of Property: regal Description of Property: .ot Block Addition _f metes and bounds description is used attached description to application form. j Q 'INif (Property Identification Number) : 69-31-2Z-14 � 08-31 -zz- :xisting Land Use: J f=F1 Existing Zoning 5 li:: f ,� e tion of Request: i-I4T p(L.OPL NTO 2- buTt-0%S .ppl icant: ti 0W-T'M cJ J e>09 Ar-) Address: d City: State- iJ Zi : Phone- wner(if different than applicant) : Address: City: State: Zip: Phone: n signing this application, I hereby acknowledge that I have read and fully understand the pplicable provisions of the Zoning and Subdivision Ordinance ans current administrative rocedures. I further acknowledge the fee explanation and hereby agree to pay all statements aceived pertaining to additional application expense. c. ignature of Applicant Date: -� / JBLIC NOTICE DEADLINE: irk Board Meeting: Tanning/Zoning Meeting: ity Council Meeting: :her Important Dates to Remember: ATE: Permits may be necessary from the Watershed District, DNR, and/or Corp. of Engineers n X XQUEST WILL NOT BE SCHEDULED FOR PUBLIC HEARING OR CONSIDERATION BY CITY ADIVSORY )DIES UNTIL ALL REQUIRED INFORMATION HAS BEEN REVIEWED AND FOUND TO BE ADEQUATE BY CITY GAFF. Preliminary Flat For: HIGHLAND MEADOWS EASTL Crnr of LINO LAMBS COUNTY of ANOKA U N 1 1 099 owNS3l a Devnovu 1331 aA.okr Donl.p I]u Dakar R.ol spiry lak.hrk.wN Ss d1i•,«•d00O oVRVLYOR a DEMONOl Cw.t A..«ira Low OF LINO LAKES x..u.,r..rwsS1« f 1f•d>•J«. 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"I No N.r+ 1 w0t IOI E>♦Olo 1 1 M�OIKgIiR1Ptf. �•.•r•r�..•••.� w01Kd OirMi INS K PLAT. fMlr /i Kim ql MSAi MTW r."rr 77 89 e> -. - ,l> PP I I I , I (State of.MI... s�) , I (St-R.Sutton) m�IY CAIP (M trust) Zoned R-1 �`...Ts-- -_ so0.�. -. - _..._._y,.. _ r: 1111TT"-___-aaa. 9o>.s� r.r.404 I4°06y J Zoned R-t ._ - 3.79 CO -- _ xfbmino°e.P" 4oJ 92�� 1Y CMP rzL ee% j � 1 t,MPo[ .eeaY W6.d`-- -_'-`•._-Snrloce-_c-�°°9 •-r'.-�.r_.'i--_} 9m.s ____._-_-_ 1p>_j e° ^ T— k x a: ^ _ _ gg 60 -- 12Jt T p oe a >yrb 90J..r I f t T lY CM =-�_I>�oc--rz of 907 82 sass _r Well 3,03 )? e h tws.r a 0.o Wool w -- I� z„dt �� dst(n9 SePb saJ.t rn 74 8^ i soJ.t 4 I� Gasa9e e° ° (11,752 S F) �Coror e^ (t0, S.F) well ta.z I soJ.t _ e Ar I so, 9 ^ eeia- 'soJ.e b0.g00 S.F) 8p k 14,706 S F A' ( ) .oso �o�e 5 -E Sepu - �TTLOT B d Draiagq Z Mo a 710� lbr 7 �6° nk �j16.974 S.Ff �(--=t r — 1 - `T lIc 1 00 2461 - f sPr it .343 S.F). t n,ns(10.9?S.F) I d ✓ W e e Syst 1 �� 1 ' eo..t M � eto.7 et r"y.71 �" t1.�11 �-a--�auneat� 5 �^ 35t Goat e06.J' J r ^ r O Oruaege GJn Y Z •v / <NI 12L5eplic AreL(_�r•Jtin.._. 9tn.e .s r ?a oe2 ft7.d 67 91p. •� 1'^ r l 9tl.f :1,Eo 90e.• eD ,,I eos:d oe ..., - tbJ.d Woods Zo'd R-t _�m �ese. e°e.I r 9DS.e o * - a e=+.s (Do,Weller) / PP,_" Boat sa.d �3r I / :Jred e1�0`.d sla.f , OUTLOT A 55.98 — — — — — —J/ n J split Area 907(153, S F) eta.: S so4 _a " (oonmd Renodn) , o .rem �.o °,0.8 ct,.d�.d�- rscok) i 111 N� Zoned R-1 — �g a 1 wad east aad +�' ea.d L. troad ^Oslo.!' weal %,:o°i r f , 434.99 eoa.s sue^f sae 3 / ` d soaJN 88'28'51`W - — — — — — a 1 ' Lino Lakes Parks and Recreation Department ,-� 7204 Lake Drive C I T Y` O F Lino Lakes, MN 55014 LN KE (651) 780-1885 Fax (651) 784-7227 June 30, 1999 TO: Park Board Members FROM: Rick DeGardner, Public Services Director SUBJECT: Consideration of Installing Playground Equipment—LaMotte Park The Park Board requested this be placed on the July agenda. As you recall a petition for the installation of playground equipment,benches, and picnic tables for LaMotte Park was submitted at the June Park Board meeting. This petition was signed by residents representing 29 households in the LaMotte Park area. I have received some phone calls from area residents who would prefer that LaMotte Park remain an undeveloped park area. If the Park Board wishes to explore the possibility of developing LaMotte Park, I recommend sending a survey to all area residents to determine what type of amenities are desired for this park. This may include playground equipment, horseshoes, sand volleyball,park benches and trees, or no improvements. RD:sw sw/parkbrd/Consideration of Installing Playground Equipment—LaMotte Park.doc TO: LINO LAKES PARK BOARD,/ LINO LAKES CITY COUNCIL FROM: The Timmers /+ 14 0/ 1541 LaMotte Dr. DATE: June 30, 1999 RE: 1. LaMotte Mini Park Playground(We cannot attend the July 6, 6:30 mtg) 2. Lino Lakes Senior Center 1. Although we live directly across the street,the petition for a playground in the area above was shown to us by neighbors-not discussed by anyone from LaMotte Circle. Hopefully without too much ill flavor from the park board and/or neighbors, we would like to express some concerns. Our length of residency in Lino Lakes is nearing 30 years. On several occasions we became involved in various issues over this parcel of land. After years of living/looking at a tall, unkempt weedy area and knowing that it was given to the City of Lino Lakes as part of the division of land and road by its owner, it was asked what was going to happen with it,to which our reply was-it is a"Green Area: and will remain just that. A few years later, we begged that it at least be mowed and after Mr. Timmers suggested mowing it himself,this request was complied with by Lino and trees were planted- and it was to remain as originally planned- a Green Area. We were pleased with that and realized Lino made a wise decision not only because this road has a huge Centerville Park and is a dead-end street with limited parking,but because there is not one piece of land anywhere that cannot be left alone and is so drastically desired everywhere. Now,however, when we asked what happened to the "Green Area: being grand- fathered in,Lino Park staff replied that they did not know what a green area was. As older residents, a voice in such concerns falls somewhat on deaf ears. We were told when we spoke with park staff that"the reason you don't want a playground is because you don't have any children"(we felt an unfair remark). We have enjoyed the tranquility and peacefulness and natural beauty here and we have fought for it many times. When our children were small they were either walked or driven to the school for playground activity, supervised and taken home and/or installation of equipment in our backyard. We had no problem with that and today,that is still done with our grandchildren for whom we also have had a swing set in our backyard. Again, a few years later,when we heard that this parcel was in the process of being swapped with another parcel by the original owner's family for real estate, our family including our children went to the board and opposed(and we were the only family in this area that showed up). If it hadn't been for our family, there undoubtedly would be several homes built in this area. Because of the reiteration that the land was a gift,the real estate plan was denied and again designated a "Green Area"as originally planned. There are many people on LaMotte Drive that really don't care what happens "down there."In a recent conversation with a neighbor who not only signed the petition but said yes to helping with construction, we were told"we don't know anything about a playground." Children can play here, numerous games can be played there without another playground equipment development. Centerville Laurie LaMotte Park is currently under development and playground equipment under consideration- and this is a considerably larger and long-standing community park in close proximity. The future development of Rice Creek Chain of lakes Park and trails is another gigantic change that we need to see how it impacts our parks area(s) and- what will be requested next in this small area should a playground be approved? It makes you realize that our road being in such bad shape, city water, area lakes water quality, as well as the plan processed a few years back for the building of homes on this land as real issues and we realize not of the Parks Dept., but sadly of lesser priority. So our request is to table until we know what Centerville will do(unless this is under bargaining already),reconsider, and if all else fails, could the construction please be as close to the LaMotte Circle residents who want this as possible so that those who have earned the beauty and quiet (we are not the only opposed)can continue to enjoy it? Even with additional trees requested on the Circle side,which will offset it from their homes, it will still be much more visible on LaMotte Drive. 2. To continue with things Lino Lakes considers a lesser priority, we are also active with Peg Smith and the Lino Lakes Senior Center. Upon trying to call the center today, we find that they no longer have a phone!! When you know what senior centers are doing for communities and how important this service is, it's mind boggling that our community is so unsupportive. Peg has and continues to do an outstanding job in her position and the fact that her dinners bring in hundreds,plus the fact that Lino is well known for its senior activities should make any city council proud. If we want to attend an activity that Peg has lined up, we better do so in advance because everything she does is filled to capacity almost at first announcement. She has a special skill and personality that's needed to handle the organization and follow-through of anything she plans from Tai Chi Chau classes to trips to Germany! Every hour, we all get a little older. We really need to know how important this service is. Can't something be done to re-install a phone and support Peg in the terrific job she does? Thank you for your indulgence. Horst and Margot Franke 6941 LaMotte Drive Lino Lakes,MN 55038 Home:651-426-8395 Work:651-407-0252,C201 July 4, 1999 Lino Lakes Parks Board c/o Rick DeGardner City of Lino Lakes 600 Town Center Pkwy Lino Lakes,MN 55014 Subject:M-6 LaMotte Park Attention Lino Lakes Park Board: We understand that a petition has been submitted from a majority of the Lino Lakes LaMotte Drive and LaMotte Circle neighborhood. The petition asks for the installation of playground equipment(and some benches and picnic tables for the adults to oversee the kids). We are supportive of this petition in principle but have following concerns: 1) Lack of children: It seems there are not enough children(age 3 to 10 years,while 3 to 5 years should be the largest expected user group)to make good long term use of a"small play structure"which may qualify for one of the smallest Minipark in town. 2) No Plan for M-6 LaMotte Park: The neighborhood is not informed about the near or long term plan for this Minipark,if there is any. We suggest prior to"plugging in"a playground and a couple of benches and tables that the neighborhood learns about the long-term plan 3) Duplication with Centerville: We understand that the city of Centerville will include a playground in fall 1999 in its Laurie LaMotte Park.The distance between the 2 parks is only 5 houses up the road. 4) Cost justification: Playgrounds must be safe and must be constantly maintained to remain safe. This may be too expensive in case the facilities will be under-utilized(as we expect it to be). We respectfully request that the Park Board considers following suggestions prior to proceeding with the decision making process. a. Survey the number of eligible children and estimate the potential usage now and in future(less than 40 households!) b. Develop and introduce a plan for the M-6 Mini Park reflecting a balanced design for all the user groups using this Mini Park throughout its life cycle(i.e. age in place aspects,etc.) c. Coordinate your plans with City of Centerville plans to avoid costly and useless duplications. d. Calculate the realistic cost during the investment phase and the then following lifetime long maintenance phase and base your decision on proven economics. We strongly believe that awell-balanced and thought-through plan for the M-6 Mini Park will find the full and long-term support of probably all families in this neighborhood. Since this neighborhood consists of less than 40 dwellings it should be fairly easy to analyze the demographic profile and understand the current and projected future needs of this neighborhood. We also want to appeal to the Lino Lakes Park Board to take charge of the need for a complete plan for the M-6 LaMotte Park to ensure that a similar failure will not be repeated as happened years ago with the Volleyball field(grass)in LaMotte Park. It had been requested during a 1993 neighborhood meeting. It had been installed promptly. Practically nobody ever used it over the past 6 years. The net had been taken off last fall and the posts had been removed recently... We thank you for your consideration. Si cerely, �— orst Franke Margot)ranke Copy: Mayor Kim Sullivan n 6eaton 6- Park and Trail System Plan City of Lino Lakes Park Plate No.: 6 ` �t '' ' Park Name: M-6(Lamotte Park) Park Type: Mini Park their neighborhood recreational needs. Some form of trail link needs to be developed Address: Lamotte Drive and Lamotte Circle between this isolated park and subdivision and the Status: Existing Park (Undeveloped) Future Development Issues city's and region's trail systems to provide area Park Size: 1.0 Acres residents with expanded recreational opportunities. Although small,the park plays an important role in A potential access point to the regional park is Existing Site FeatwesLAmeni4ies servicing the recreational needs of this small and shown on the parks and trails map. isolated development area. Given its limited # Description acreage, careful planning and design will Although some planting has been completed around 1 Open area (mowed grass) undoubtedly be required to ensure that appropriate the perimeter of the site, a detailed planting 2 Single family residential development. recreational activities are provided to meet the program will be required to improve the park's needs of the nearby residents. It should also be overall visual appeal. Existing Natural reatwes, §ite Conditions pointed out that there is another park being developed a couple of blocks east of this park in the As with all future park developments, residents Topography: very limited elevation change across City of Centerville.That park is fair sized and offers living within the park's service area should be the site. facilities such as ballfields and hockey/skating rinks involved in determining which facilities would best which, in all likelihood, will draw people from this serve their specific recreational needs and desires. Soils/Drainage:given the lack of elevation change, service area.Given the circumstances,development drainage patterns are generally undefined.Since the of the park should focus on recreational facilities Eigstim Fundimal Classifications soils tend to be heavy clay, runoff either flows into which do not duplicate what is being provided just Conservation Q%Ornamental Q°ja Reserve 100% the adjacent streets or is eventually absorbed into a couple of blocks away. Cultural Q% Recreation the subsoils. Future development should provide recreational Post-Development Ptmdional Classifications Vegetation: mowed grass covers the entire site. opportunities for park users of all ages. Conservation US Ornamental 4D,°j¢• Reserve 5%L Young hardwood trees have been planted along Cultural Q Recreation Lamotte Drive and the eastern property line.Some Future Development Program birch trees can be found in the southeastern corner of the property. One or more of the following facilities would be y appropriate for this park: Pedestrian Access: is from the adjacent streets. No • hardcourt and hardsurface games area (i.e., other trail access is provided. basketball, hopscotch, four square, etc.) • volleyball (grass) Vehicle Acres¢: is also from the adjacent streets. • games such as shuffleboard, tetherball, Since the park services a relatively small subdivision, horseshoes, etc. there is little need for on-site parking. • small play structure Surrounding Pr for Park Need Benches, picnic tables and grills, trash containers, game tables, drinking fountains, etc. are also The park's service area consists of single family appropriate and recommended. Some unique residential lots (typically one-third acre in size). feature,such as an arbor with seating and plantings, Since the entire service area amounts to less than 40 should be considered as part of the development homes,this mini park should be adequate to service program to give the park some additional character. 6-36 Lino Lakes Parks and Recreation Department 7204 Lake Drive CITY ,O F Lino Lakes, MN 55014 N KE (651) 780-1885 Fax (651) 784-7227 June 30, 1999 TO: Park Board Members FROM: Rick DeGardner, Public Services Director SUBJECT: - Development of Behm's Century Farm Park The first reading of Ordinance 16-99, Sale of City Property, Behm's Century Farm Park was presented at the June 28 City Council meeting. The ordinance approved unanimously. The second reading is scheduled for the July 12 City Council meeting, and if approved, goes into effect 30 days from publication. The purchase agreement calls for selling 2.55 acres of park land in exchange for development of the remaining six acres. This agreement includes clearing and grubbing, grading, four inches of topsoil import, seeding, and construction of trails including engineering, four inch sub-base and two inch bituminous. Mr. Uhde has agreed to provide a summary of development costs. If costs total less than$75,000, the difference will be paid in cash. Attached is a final concept plan. Please note the eastern trail is located within a 50' wide strip of park land leading to Mustang Lane. With the Park Boards approval, I would like to begin the process to install playground equipment later this fall with Park Dedication Funds that were received from the Behm's Century Farm Development. RD:sw sw/parkbrd/Development of Behm's Century Farm Park.doe A J - - —'� 1 unnnctwn To North 'wk Entrance ------ -- --- — �- 1'rt 511,Addition frail Cwm-uun 1 AnrualW Nrwd Purina _— Main Puk Activity Ccnta — Play SYu"a Pam C AaA " ht C• 1 Opm La"rr.P Ac.. Coup T 1 ►. i Bthms Century Farm Park Lino Lakes, Mn /Additio'nal Landscaping Proposed By Developer Concept Plan %1.)14,1 VYv� �u _ r • k r� Lino.Lakes; rks and Recreation Department 600 Wawa Center Parkway CI 1 Y` O F Lino Lakes,MN 55014 9KES (651i m-244o Fax(651)982-2439 Gino Cakes 'arks and ,,recreation Department ,dune Park Board Update i `We are working hard. so you can play" Program ,-Cighlights - June Park Board Update Playground Proaram-200 children are registered in the playground program this summer.The response to the $25 fee has been very positive.Children are able to experience a variety ofactivities including.arts-n-crafts projects.nature programs,and theme meek activities. Soccer Fundamentals-96 children are enrolled in this introduction to soccer. Participants are learning basic skills and techniques as well as experiencing game play and teamwork. Preschool'Playtime-20 children are enrolled in this program.Classes focus on the senses as well as play skills. L'Xtions-This new program with the VJ(Cs1 is going well.-We have an energetic group of children in this program and the summer is proving to be a valuable learning experience for everyone. Wild jway for a Day Trips-28 children registered for our first trip to 17alleyfair.-We are excited for this trip and are looking forward to our upcoming trips. Summer Dance Classes-Due to the popularity of these classes,it was attempted to offer and operate summer ,classes.,At the present time,we are conducting two full classes ofdance. Alartial,Arts-This is the first time in several years that we chose to offer a summer martial arts class.There are three full classes for the summer session. TBall-The early season rain has raised havoc on this program,but the volunteer coaches have been outstand- /'�iny, Youth Tennis-Tennis lessons are very popular. -We had to add classes in order to accommodate the number of particpants that requested to be in this program. Tall Soccer--We have started to take registrations for this program.The location ofgames may change due to turfrestoration atXice Cake Elementary.A decision will be made in July on location. Youth wolf Golfis hot at the present time.All ofour youth classes are filled. Satety Camp-Cover 90 children are registered for this annual event that teaches 3rd grade graduates about safety issues. r ' ' Adult Basketball-8 teams are currently registered. Adult Golf Xatn has pushed back some classes.Participants have been notified and we are getting back on track. ,Adult Softball--We have had to make up over 40 games this season due to weather.X egistration is beginning for fall season. Party-Wagon-This new offering has already proven popular.The agon has been reserved for every weekend from June-September.In addition. people have been contacting our office for 2000 reservation dates. (Questions Please call Cif or Barry at 651-982-2440. Lino Lakes Parks and Recreation Department 600 Town Center Parkway CITY{ O F Lino Lakes, MN 55014 N KE (651) 982-2440 Fax (651) 982-2439 June 29, 1999 TO: Park Board Members FROM: Mike Hoffman, Parks Supervisor SUBJECT: June Maintenance Update Well, summer is finally here and so are all our seasonal employees. The addition of our seasonal employees should allow us to get caught up with the mowing and trimming and allow our full- time maintenance staff to devote more time to improvement projects. Highlights for June • Irrigation installed at Rice Lake Estates Park. (contracted) • Continued work on Marshan Park Playground—Due to a number of backordered parts this project is not yet complete. However, the 2-5 year structure is now in as is the wood fiber resilient surfacing. The back ordered parts should be arriving shortly and will be installed shortly thereafter. • Site preparation and installation of Arena Acres playground—Old play equipment has been removed. Site has been sub-graded with a good portion of the structure installed. Again, backordered parts and a lack of volunteer help has slowed this project. The remainder of the equipment will be installed once it arrives with the resilient surfacing and kid timbers being added to complete this project. • Weekly garbage pickup • Weekly mowing and trimming of all parks. • Daily ballfield maintenance and preparation. • Landscaping of Town Center site tree planting, est. grade, sodding. • Spring fertilizer application to our irrigated athletic fields. • Playground inspections. • Trail inspections Those were the major highlights for June. More to come in July. sw/mike/June Maintenance Update.doc SPECIAL COUNCIL MEETING FEBRUARY 17, 1999 CITY OF LINO LAKES MINUTES DATE : February 17, 1999 TIME STARTED : 5:17 p.m. TIME ENDED : 5:32 p.m. MEMBERS PRESENT : Council Members Dahl, Lyden, Mayor Sullivan MEMBERS ABSENT : Bergeson and Neal The purpose of the meeting was to interview a candidate for"osition on the Environmental Board. Due to Council Member absences,-,it is the consensus of the City Council to complete the appointment process and have board and committee appointments completed so that the new members can take their positions effective April 1, 1999. Each Council Member received two (2) handouts. The first handout contained the questions that would be directed to the candidate and the second handout was the application letter received from the candidate. The following person was interviewed: NAME POSITION Scott Lanyon Environmental Board A The meeting was adjourned at 5:32 p.m. z These minutes wereconsidered, corrected and approved at the regular Council meeting held on March 8, 1999 f 1 ' J Je V M. Viger, Deputy Clerk 13, ilivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 1 1 CITY COUNCIL WORK SESSION FEBRUARY 17, 1999 CITY OF LINO LAKES MINUTES DATE : February 17, 1999 TIME STARTED : 5:33 p.m. TIME ENDED : 8:45 p.m. MEMBERS PRESENT : Council Members Dahl, Lyden, Mayor Sullivan MEMBERS ABSENT : Bergeson and Neal Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch(part); City Engineer,John Powell; Public Services Director,Rick DeGardner; City Planner, Jeff Smyser; Economic Development Assistant, Mary Alice Divine (part); Chief of Police, Dave Pecchia AUTOMATIC METER READING SYSTEM,RICK DEGARDNER Rick distributed a cost analysis that compared the walking route to the proposed phone read system. He stated that 16 years is the break even point on the new phone read system. Rick reviewed the advantages and disadvantages of converting to the new system. He noted the break even point for Route 5 is 3-5 years. This item will appear on the regular agenda Monday, February 22, 1999. YMCA UPDATE,MARY ALICE DIVINE Kim noted there are several residents present who have indicated an interest regarding a YMCA/Athletic Complex. Mary Alice stated Jerry Shannon is putting together an analysis of options for the YMCA relating to financing. His report should be completed by March 3, 1999. The report will include bonding information and citizen impact. A list of options will also be included. Mary Alice gave an overview of the project's background for residents that were present. She answered questions from those present regarding financing and the timeline of the project. An update regarding this project will be given at the next Council work session. 1 CITY COUNCIL WORK SESSION FEBRUARY 17, 1999 DISCUSSION WITH ATTORNEY REGARDING EMINENT DOMAIN,6998 BLACK DUCK DRIVE, RICK DEGARDNER Mr. Frank Palcher, 6998 Black Duck Drive, came forward and referred to a letter sent to the City from his attorney. The letter explains his position on the matter of his property and eminent domain. He stated safety and the lack of privacy are issues he has if a public path is put on his property. He noted he is willing to work with the City for a temporary path until the path on Mallard Lane is completed. Mr. Schafer, President of the Homeowners Association, came forward and stated he is present to speak as a neighbor of Mr. Palcher. He indicated he does not feel eminent domain is a good idea for the following reasons: 1. History-The Homeowners Associations has very strong feelings regarding "rights of use"for the property. 2. The issue of safety and liability. 3. There is less opposition with the Mallard Lane alternative. 4. Mr. DeGardner, Public Services Director, recommended Mallard Lane as the best solution to the problem. Mr. Vyvyan,Attorney for Mr.Palcher,added that the cost of eminent domain is very high. Kim stated the Council needs to receive a recommendation from the City Attorney. A discussion with full Council will be held the first possible meeting in March, 1999. ATHLETIC COMPLEX°PROPOSAL,RICK DEGARDNER Rick gave the history of a potential site for the proposed athletic complex. It has been determined that the best site for the complex is on the Montain property, located at the south/east corner of Centerville Road and Birch Street. He noted the owner is willing to negotiate with the City for purchase of the property. Rick distributed a memo from Jeff Schoenbauer regarding the land analysis of the property. He noted the City can internally fund this project which makes it a minimal financial risk. Council directed Rick to meet with the City Attorney regarding conflict of interest with the property owner and when Council action will be needed. Rick should also proceed with citizen communication to properly inform the public of the possible project. 2 CITY COUNCIL WORK SESSION FEBRUARY 17, 1999 PRESERVATION DEVELOPMENT PROGRAM UPDATE,JEFF SMYSER Jeff distributed two (2) handouts. The first was an article titled Beyond Clustering. The second handout was a list of the preservation development process and a summary of the steps involved. He noted the environmental inventory will be done in April, 1999. Jeff reviewed the steps and recommendations that will come out of the new process. He indicated he will begin with the new process next week when meeting with three (3) developers. The developers are aware of the new process and are very interested and willing to be part of the new process. He noted he is working with the Minnesota Land Trust, DNR staff, and City Consultants to help with the new process. CLEARWATER CREEK 3RD ADDITION UPDATE,JEFF SMYSER Jeff stated Mr. Quigley has incorporated staff and City Consultants suggestions to the Clearwater Creek 3rd Addition. The new ideas will be presented at the March 10, 1999, Planning and Zoning Board meeting. The design includes a 4-6 acre passive park. The issue of a larger, active park will hopefully be resolved. Council directed staff to pursue working on this project while trying to find a place for active recreational facilities. Council directed John Powell to gather information regarding proposed wetland legislation changes and,, eO back to Council. LIQUOR ORDINANCE UPDATE,JEFF SMYSER Jeff distributed a handout that listed his recommendations regarding the City's Liquor Ordinance. He indicated the final report will be completed and presented to Council in the near future. REGULAR AGENDA, FEBRUARY 22, 1999 Item 2A, Mayor Sullivan's State of the City- This item was removed from the regular agenda. Item 3C, Consideration of Annual Board Appointments-This item was removed from the regular agenda. 3 CITY COUNCIL WORK SESSION FEBRUARY 17, 1999 Item 4G, JADT/McDonalds, Lake Drive at Apollo, Planned Development Overlay, Preliminary Plat, Conditional Use Permit- It was noted that action on this item must be taken unless the applicant submits a written request for an extension. Dave Pecchia stated the City has been awarded two (2) Grant Officers due to the current tax rate. Dave also stated staff is working on a revenue issue regarding the cost of arresting someone. More information will be presented when available. Dave stated staff has taken an inventory of the bleachers in the City and they have developed a plan to implement safety features. The plan will be presented to Council at the next work session. Dave informed the Council that one word in the Records Grant agreement has been changed. Therefore, the City must sign the agreement again. Council directed staff to sign the agreement without coming before Council. The meeting was adjourned at 8:45 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on March 22, 1999. Jean . Viger, Deputy Clerk Ki be ly . SYdlivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 4 SPECIAL COUNCIL MEETING MARCH 2, 1999 CITY OF LINO LAKES COUNCIL MINUTES DATE : March 2, 1999 TIME STARTED : 7:10 p.m. TIME ENDED : 8:45 p.m. MEMBERS PRESENT : Council Members Bergeson,Dahl, Lyden (part) and Mayor Sullivan MEMBERS ABSENT : Council Member Neal Staff members present: City Administrator, Linda Waite Smith and Clerk-Treasurer Marilyn Anderson. The Reshanau Lake Homeowners Association(RLHA)requested the G cil meet with them to discuss the trail proposals for the north end of Reshanaui ke anc he possibility that the Council would enact eminent domain to e the to .tiori of the current trail. , Mary Cox, President of the RLHA opened the meeting and asked Mayor Sullivan to provide background on this matter. Mayor Sullivan explained that the-Council became aware that the RLHA was preparing to erect a fence to prevent access t at he north end of Black Duck Drive. The trail goes around the north end Reslana, Lake°find is used by pedestrians to access the Regional Park and by c l Sher g , g to the Rice Lake Elementary School or the Centennial Midd e. ho4 trail crosses private property and two (2) outlots owned by the RLHA. Th 4F are used by the RLHA for access to Reshanau Lake and for other recregi+t np s. The Council was told that the fence would reduce liability concerns riacy. From the Co it point of view, fencing off the trail would limit access to the Regional Park. To avoid this situation, Council considered a proposal to construct an access trail off of Mallard Lane. However, children using the trail to go to school would have further to go and possibly be exposed to some dangers. Council discussions concluded that they had three (3)options: 1. Do nothing. 2. Develop the alternate trail off of Mallard Lane. 3. Initiate eminent domain to gain control of the property that the trail now crosses. n Page 1 n t % SPECIAL COUNCIL MEETING MARCH 2, 1999 At the last Council work session, the City Council anticipating possible legal consequences, set a closed meeting to discuss eminent domain procedures. The Council is not prepared to order an eminent domain action at this time but needed legal advice from the City Attorney. There is time to make other decisions. Audience comment; there is a RLHA proposal to maintain the current trail until an alternate trail is completed. Audience question; is the Council considering condemning just the trail or all of the outlots. Mayor Sullivan replied only the trail. One of the abutting property owners stated that he has had only a five (5) minute discussion with Mr. DeGardner. He is willing to discuss the situation further with certain concessions but has never had any discussion with the other abutting ho epwner. Mayor Sullivan noted that the other homeowner is not willing to give acces mil. Council Member Bergeson said he would like to see if there g scam uwa 9 preserve the trail around the lake at or near its present location. He gave sine bac concerning how this situation was created. - Mayor Sullivan said that as long as some aces is preser .through Mallard Lane, she did not see the cost benefit for an eminent dntnain procedure. ai Council Member Dahl said she cofi*ered em menf`domain a last resort. The process is to expensive and causes bad f0lift H w ever she would like to see the current access maintained. She is ope to"", cion. I Council Member It th��traiIs have value for everyone. He felt that best practice was to mai a ent route. He has not made up his mind about eminent domain. Mayor Sulli' -'stat 'd that she is the only member of the Council to have voted against eminent dom n. The second homeowner abutting the current trail explained that he picked his lot because the developer assured him that the outlots were private. He noted that the trail is 30 feet from his living room. He also noted that the outlots were advertised as private lots and buyers were told they were private lots. This homeowner said he has had a number of conversations with Mr. DeGardner. There was discussion about moving the entire trail onto the property of the first homeowner. This would put the trail up against his house. If the developer really planned that this trail should be there, there should not have been an extra lot for another house. He suggested the best option is the Mallard Lane trail. Audience comment; unfortunately about 12 years ago the City did not plan ahead or plan correctly. Now the RLHA is facing people crossing association property and private Page 2 SPECIAL COUNCIL MEETING MARCH 2, 1999 property. This leaves them open to liability issues. The Council does not understand the situation. The Council should pursue the alternate access through Mallard Lane. The second homeowner said that he can say that there is no access since the land is private property. He felt that unless it is your property, it is easy to say there should be access. The property is private. The easement was drafted saying that the property is not open to the public. This is a rekindled situation. People do not understand that his property meets the first owners property. There is no easement or lane through the outlots. Audience comment; the Council is talking about the "common good" of the community. The Council was asked to value the rights of the property owners first. Audience comment; when I purchased my property I was not told that the trail and outlots were private properties. This homeowner felt that there are legal obli ations to fulfill. The property owners have a legal document that commits to certain , s° ether it is right or wrong, they have a legal document. ? Audience comment; the root of the"blowup" is the fence. 1 e` �Ot ze`with the adjoining landowners but there is also a large n be' � le whn want to go with the alternate trail location. The discussions should no 'Eorri wined"with the threat of a fence. Council Member Lyden felt that there,se� to be no right or wrong. The Council will take all the time that is ne- � ' �a to make a Just decision. He asked that this not become a neighbor against neighbor Audience comme is art~ mposition on the two (2) lot owners adjoining the current trail. Press uld dot be placed on them. 3 Mayor Sulli`Y 'sai that the Mallard Trail should go forward and she was looking to the RLHA to res ve the current trail situation. There are two (2)property owners in the"hot seat". The seconded lot owner said that he has already agreed to a short term access to the trail without a fence. He has additional insurance coverage to cover any liability issues. He noted that Mr. DeGardner was going to ask the City Attorney if the City could assume some of the liability. Mayor Sullivan explained that the only way that can happen is for the City to assume ownership of the trail. Mayor Sullivan describe the Mallard Lane trail. There are some grant dollars available and the City has submitted an application for funding the new trail location. Audience comment; children go to the middle school through the current trail and the golf course road. What will happen during the hunting season? Will the Mallard Lane Page 3 SPECIAL COUNCIL MEETING MARCH 2, 1999 trail become particularly dangerous?Mayor Sullivan asked the Police Chief and the Fire Chief this same question and both responded hunting would not be a problem. L Audience comment; the Mallard Lane trail would be out in the "boonies" and a child could be abducted. Discussion followed regarding the alignment of the trail off of Mallard Lane. Council Member Bergeson drew the proposed trail on a map. Audience comment; if the fence proposal is to limit access to the current trail,there will be policing concerns. Even if a gate is installed,there will be times when someone forgets to shut the gate. There still remains the need to protect the private property. Audience question; how does the Council feel if a Mallard Lane trail can ybe„constructed closer to where the homes are located and not somewhere out in the �on�l:Park? Council Member Dahl said that would be feasible if the homeo s it was:best. She also suggested that if the second homeowner was willing to the trail after the Mallard Lane trail is constructed,there would be two ( whys o get mto the Regional Park and two (2)ways to get out of it. ; E;. Council Member Lyden said that he is nervous'abdutmoney making the decision in this matter. He is interested in a creative solution.. Mr. Mark Lindblad, a homeowner 6- Lake Estates said that he would be willing to take people on the n dl ath at is' oser to the homes than the trail location proposed by Anoka CQuntya" cil rnber Bergeson expressed concern about having two (2) accesses tQ:: `pia " Park. Children would take the closest trail and that would not be the pip M d Lane trail. If another closer location in the Regional Park could enti'-" relocating the trail should be investigated. Mayor Sulli saithat she will direct the City Administrator to ask Mr. DeGardner and Mr. Lindbla_ take a walk on the deer path. The second homeowner has a right to put up a fence. The City Council can do the easy thing and put in the Mallard Lane trail. The question is what is the next step? Should there be access through the outlots?Council is interested in retaining access and will get legal counsel tomorrow evening however Council does not have to order eminent domain procedures. Audience question: would the City have liability if the City has an easement for the trail in its present location?Mayor Sullivan said yes, however,the City has a$600,000 liability limit so if there was legal action,both adjoining property owners would be involved and possibly the RLHA. Audience comment; everyone understands the liability issue,everyone faces liability. The RLHA is under an obligation to put up the fence. If the City takes issue, what happens to the fence? Page 4 SPECIAL COUNCIL MEETING MARCH 2, 1999 Audience comment; an article should be written in the Quad Press explaining that this situation is not the fault of the RLHA. Mayor Sullivan said that this viewpoint could be communicated but not necessarily in the Quad Press. Everyone may not read the Quad Press for whatever reason. It is important that this area be notified in a manner the would get the message to them directly,possibly by a flyer. Further questions included; When would the Mallard Lane trail be completed?In a year or two (2). Does the City know haw far the Mallard Lane trail would be from the back yards and will it promote criminal activities?Mr. Lindblad said he is unable to see the rear of the homes when he walks that area. Information on criminal activity could be included in the flyer. Audience comment; Council should make a decision in this matter base§on what is best for the entire community,not what is best for the RLHA. � V , Mayor Sullivan outlined steps that the Council will pursue: 1. The Council will not proceed with e _msment4-1omain b "t will meet with the City Attorney in a closed session to di the err irient domain process. 5 2. The City will pursue grant fun the Mallard Lane trail. 3. Mr. DeGardnex will e d path with Mr. Lindblad. u 4. The RLH�1 ntmwith their discussions. The RLHA will provide a res " , ,to theCouncil regarding their position or suggestions within 90 days from`�i 5. The Cry will notify the RLHA and the surrounding community about the results of Mr. DeGardners and Mr. Lindblads walk and their discussions. The communication will include a statement from the Police Department regarding safety and the City's responsibility for not maintaining the original trail easement. Audience comment; when you buy property you are expecting a certain life style. Audience comment; this has always been an access. Council Member Bergeson explained that nobody realized that the property was private property. Audience comment; concern about Council Member Bergeson's comment regarding that there may be a need for eminent domain. Page 5 SPECIAL COUNCIL MEETING MARCH 2, 1999 Audience comment; afraid that the Mallard Lane access will not be used and the RLHA will have to put up the fence. Then the RLHA will get the "black eye". Mr. Lindblad explained that communications broke down. He asked that the community set aside their differences and strongly requested that an article be written in a community building setting. The Council left the meeting at 8:45 p.m. The RLHA continued their discussion. These minutes were considered, corrected and approved at a regular meeting of the City Council on May 10, 1999. Iv J Viger, Deputy Clerk Ki er A. S Man,an, Mor Printed 5/13/99 �' aS d7 aY •� Page 6 CITY COUNCIL WORK SESSION MARCH 3, 1999 n CITY OF LINO LAKES MINUTES DATE : March 3, 1„999 TIME STARTED 5:37 p.m. TIME°ENDED : 8:40 p.m. MEMBERS PRESENT : Council,Members Bergeson,Dahl, Lyden, Neal, and Mayor Sullivan' MEMBERS ABSENT None Staff members present: Administration Director, Dan Tesch; City En ohn Powell; Public Services Director, Rick DeGardner; Financial Anal, _ aryl sander; Economic Development Assistant, Mary Alice Divine (part), Chief of Police Rave Pecchia; Community Development Director, Brian Wessel,auk Gl -Tr er Marilyn Anderson `s The meeting adjourned at 5:37 for a closed sessionlQ di Eminent Domain, 6998 Black Duck Drive. The meeting reconvened at 6:10 p:xi y YMCA UPDATE,MARY ALIC E D NEMERRY SHANNON Y Brian reviewed c Noun d timeline of the project. He noted that the YMCA is critical to illa evelopment. Daryl distri J a ancial analysis document outlining possible ways to fund the project. He ed the project can be funded through the Area and Unit Fund. The City does have sources to repay the Area and Unit Fund without a negative impact on the City. Jerry Shannon, distributed a report with a financial analysis relating to the YMCA financing. He stated one option for financing is to provide a cash contribution of $500,000 from the Area and Unit Fund and $1,000,000 from Lease Revenue Bonds. A Lease Revenue Bond under one million dollars will not negatively impact the City's debt capacity. Jerry stated the City does have the capacity and authority to fund the project. He indicated he does not believe the project will negatively affect the City's bonding capacity and financial standing. The cash flow of the project will be up to the YMCA. He added that anymore financial assistance from the City could impact the tax rate negatively. 1 CITY COUNCIL WORK SESSION MARCH 3, 1999 r This item will appear on the regular agenda Monday, March 8, 1999. DISCUSSION OF 1999 PARK BOARD GOALS, RICK DEGARDNER Mr. George Lindy, Chair of the Parks Board, distributed three (3) handouts. The first was a cover sheet summarizing the Park Boards goals. The second was a list of the 1999 Goals and Priorities. The third detailed the Park Dedication Fund Summary. George briefly reviewed the handouts noting the Park Board is concerned regarding increased maintenance costs due to the City's new Preservation Development Plan. George asked the City Council for considerations in the budget for the Parks Department. This item will appear on the regular agenda Monday, March 8, 1999 _n v �a DISCUSS ISSUE OF BLEACHER SAFETY WITHIN THE"CITY;`RICK DEGARDNER � Rick distributed a handout that explained that the.Pail D*rtmeiit and Inspections Department recently conducted an inventory ofall° eacliers"owned and maintained by the City to determine if there are any safety Issues which need to be addressed. The City currently owns and maintdas 11 sets of bleachers. Of the 11 sets, 10 do not meet current uniform buildjp&4de(tMC)standards. Violations include absence of guard rails, excessive seat�foc�fboar ;spacing, no toe boards, and bleachers not properly anchore Staff recorr0ded e (3) options to rectify this situation: Option 1 I _ diately replace all existing, non-compliant bleachers with new bleachers 3 that meet UB;!-standards. Option 2 - Remove all existing bleachers immediately and replace over a 3-5 year period. Spectators could bring lawn chairs from home. Option 3 -Leave existing bleachers at their current location and replace over a 3-5 year period. Rick recommended Council rectify the situation with Option 1. He noted that the cost would be approximately $25,000 to replace all the non-compliant bleachers. Council directed staff to remove all non-compliant bleachers. Replacement of the I bleachers will be discussed at a future date. 2 CITY COUNCIL WORK SESSION MARCH 3, 1999 CLEARWATER CREEK UPDATE,PHASE III,BRIAN WESSEL Brian stated the Clearwater Creek plan has now gone through the Environmental Board and Park Board. The plan goes before the Planning and Zoning Board next week. The plan will go before the Council on March 22, 1999. Brian noted the plan requires a rezone and additional MUSA which will require a 4/5 vote. CONDITIONAL JOB OFFER TO CSO, KELLY MCCARTHY, DAVE PECCHIA Dave stated there is one vacancy in the Police Department. The plan is to fill the vacancy with a CSO. The Department would like to offer the position to Kelly McCarthy. However, Kelly McCarthy will not be taking the post license test unti 999. Dave requested Council approve a conditional job offer to Kelly McCarty continent on successful completion of a skills test, license test, and extersiv background check including a physical and psychological test. This item will appear on the regular agenda Monday,March 8, 1999. DISCUSS ANNUAL BOARD AND COMMITTEE APPOINTMENTS, DAN TESCH Dan stated that all ap t ts_have bn made except to the Parks Board, Environmental Bo , m ,and Zoning Board, and Economic Development �2 Committee. ,Dan vt tver t plicants for each board and committee. It was the cas D ouncil to have staff put together a regular ballot. Council Members vvt_ meet o vote on Monday, March 8, 1999, 5:30 p.m. to discuss the candidates Y2K UPDATE,DAN TESCH Dan passed out a copy of the checklist that is going out to all departments. He stated that all hardware, software, and equipment that was purchased in the last few years is Y2K compliant. Any merchandise that is not compliant will be replaced or updated this year. Dan added that a notice regarding Y2K compliance will be in the newsletter. CONTINUE HOFF COLLECTION OF FIDELITY BOND, DAN TESCH n 3 CITY COUNCIL WORK SESSION MARCH 3, 1999 Dan stated that Linda has informed staff that the City has reached the $1,000 spending limit relating to the Hoff collection of Fidelity Bond. Linda will continue to do in house research regarding this issue. Staff will need direction from Council regarding the $1,000 limit. REGULAR AGENDA, MARCH 8, 1999 Item 5A, Accept Resignation of Records Clerk- This item was removed from the regular agenda. Item 8A, Schedule Meeting for City Council to Discuss City Finance Issues - This item was removed from the regular agenda. The meeting was adjourned at 8:40 p.m. ' x These minutes were considered, corrected and approved at the regular Cecil meeting held on May 10, 1999. x J M. Viger, Deputy Cler Ki bey llivan, Mayor o 5i3 Transcribed by Kim PointsF Timesaver �ite S �etarial, Inc. :F- V 4 i CITY COUNCIL WORK SESSION MARCH 17, 1999 CITY OF LINO LAKES MINUTES DATE March 17,1999 TIME STARTED : 5:36`p.m. TIMID ENDED : 9:44 p.m. MEMBERS PRESENT Council Members Bergeson,Lyden,Neal, and Mayor Sullivan MEMBERS ABSENT Dahl Staff members present: City Administrator,Linda Waite Smith; Administration Director, Dan Tesch; City Engineer,John Powell; Community Development Director, Brian Wessel; Economic Development Assistant, Mary Alice Ijivine'(part); Planning Coordinator, Mary Kay Wyland(part) Chief of Police,Dave Pecchia(part); Environmental Specialist, Marty Asleson(part); City Planner, Jeff Smyser COMP PLAN UPDATE,JEFF SMYSER Brian advised that the Comprehensive Plan has been submitted for review by the Metropolitan Council. The city has,a meeting with the Metropolitan Council regarding their review in April, 1999. Once the Met Council says the submittal is complete,they have sixty(60)days to complete their review. The anticipated date for City Council action is July 26, 1999. Brian noted a 4/5 vote will' required to approve the Plan. Once the Plan is approved, the zoning ordinances will be reviewed in detail. The process regarding the zoning ordinances will take approximately six(6)months. Council directed jffto review the numbers regarding growth in the Comprehensive Plan to ensure that the numbers are correct. Jeff indicated he will walk through the calculation of numbers for council members at the next work session. LIQUOR ORDINANCE,JEFF SMYSER Brian stated the moratorium placed on liquor licenses has expired. It is the intent to have the new liquor ordinance go before Council in April, 1999. A detailed review of the new ordinance will be given at the next work session. Jeff distributed a draft copy of the new Liquor Ordinance. He stated his report concentrates on land use,zoning, and his recommendations. He asked council to review 1 CITY COUNCIL WORK SESSION MARCH 17, 1999 the report before the next work session. He noted a public hearing regarding liquor license fees is scheduled for May 10, 1999. L` Kim asked Jeff to send a note in the packet that goes out on the Friday before the council meeting reminding council members to review the draft ordinance. Jeff advised that he will also find out how long after the 2000 census the city will be issued additional liquor licenses. CLEARWATER CREEK PHASE III UPDATE,JEFF SMYSER Jeff stated the project is the first for the city's new Open Space Development Plan. The project has gone through city staff, city boards, and city consultants. The plan allows for 40% "real"open space, review of buffers, 1.5 miles of paved trails,and a trail network. Jeff noted the developer has agreed to pave the trails. Jeff asked that council review the plan in detail before the March 22, 1999 city council meeting. He stated the Environmental Board and the Park Board are satisfied with the plan and park dedication. Mr. Quigly, developer for Clearwater Creek, stated that 40 homes will be built in the first year. The price range of homes will be $175,000 '2$400,000. That price range is the same as Phase I and Phase II. John Powell added that a traffic study regarding Otter Lake Road was done in 1994. Since then Otter Lake Road has been realigned. He stated he has no concerns regarding traffic due to the development. Jeff stated three(3) acti4 wwill required. The first is a Comprehensive Plan Amendment to change 40 ares t551esidential and expand the MUSA to cover 40 acres. The second action re qu a rezone from R and R-X to PDO. The third action is approval of the PDQ Prelnary Development Plan. Kim asked that J46,heck with Mr. Steve Apfelbaum to ensure the homes sizes are appropriate for the its. This item will appear on the regular agenda Monday, March 22, 1999, 6:30 p.m. LEGION UPDATE, BRIAN WESSEL Brian reviewed the schedule for the American Legion project. He stated the police department will be moving to their new location in April, 1999. Brian advised a zoning amendment is in process to amend the General Business District to allow clubs as a conditional use permit. A public hearing regarding the amendment is 2 x CITY COUNCIL WORK SESSION MARCH 17, 1999 scheduled for April 14, 1999. The zoning amendment will then go before council for the first and second reading. The zoning amendment could be effective in June, 1999. A site plan submission for the building is due on April 19, 1999, for the May 12, 1999, Planning and Zoning Board meeting. The actions necessary will include a rezone, site plan approval, and conditional use permit. The land sale could occur after the second reading of the zoning amendment. The Legion could then obtain a building permit and could possibly occupy the building by October, 1999. Brian noted there has not been an official appraisal of the property. The preliminary figure used for the sale is $2.00 per square foot,,plus assessments. It was the consensus of Council to have staff obtain an official appraisal of the land. Kim noted she would like have a representative from the American Legion appear to make their case. Andy asked Brian to put together a schedule and estimates of the land value in a memo for the Legion. RESHANAU LAKE TRAIL UPDATE,LINDA WAITE SMITH Linda distributed a memo which contained an update on the Reshanau Trail activities that have taken place in response to the March 2, 1999, meeting between the City Council and the Reshanau Lake Homeowners Association. DISCUSS DATE FOR THE COUNCIL FINANCIAL WORK SESSION,LINDA WAITE SMITH Linda advised that Daryl, ulander has requested the Council Financial Work Session not be scheduled until,,, auditors are done. A preliminary audit report will be completed by mid April. It was the consensus of the Council to schedule the Council Financial Work Session April 19, 1999. DISCUSS FIVE YEAR FINANCIAL PLAN,LINDA WAITE SMITH Linda distributed a draft of what she anticipates will be in the Five Year Financial Plan. She stated Jean has sent a request for information regarding a Five Year Financial Plan to Financial Officers in other cities. She stated the Plan will include Charter language, Public Service Program elements, Department Objectives, Development of Revenues and n Special Revenue Estimates, a Capital Improvement Program, and Capital Budget. 3 CITY COUNCIL WORK SESSION MARCH 17, 1999 Linda noted the Objectives will have to be approved by the Council. She also added that population estimates will be heavily relied on for parts of the Five Year Financial Plan. Linda advised that the Capital Improvement Plan was not updated last year. Daryl is currently working on it. Linda stated Daryl has a good start on the Capital Budget. An operating budget and CIP should need to be developed at the same time. Linda noted that the format of the Five Ve""Finaneial Plan CIP will have to be altered to comply with the Charter. Linda indicated she will continue to work on the Plan and discuss the Plan with directors at their weekly meetings. REGULAR AGENDA, MARCH 22, 1999 Item 3C,Authorization for Attorney, George Hoff,to do additional work- Linda will ask Mr. Hoff if he will take the case on a contingency basis. Item 41), Consideration of Behm's Century Farms 5th Addition, Revised Preliminary Plat - Mary Kay will check on a disclosure for the property owners that would be affected by the Williams Pipeline. The city attorney will also review the disclosure. Item 4F, Consideration of Trapper's Crossing 2nd Addition, Final Plat- Mary Kay will ask Rick DeGardner to respond to,Ms. Sue Walseth's concerns in writing. Upon council request, Mary Kay will also ask the'developer to rename the streets currently designated as"Tin Cup Ridge"and"PurgAppry Point". Brian noted that unless a request for an extension is received from Mr. Tim Baylor,JADT Amoco/McDorialds-.will be Added to the agenda. Staff will recommend denial of the project. Brian added that he and John Powell will be unavailable for several days next week. They will be attending the trial regarding the Vaughn property. RECOGNITION OF DAVE PECCHIA, CHRIS LYDEN Chris stated he would like to recognize Dave for acting as the City Administrator last year. He indicated he would like to present him with a plaque and helmet. He added that council should pursue the option of serving the staff breakfast to recognize the other employees. 4 CITY COUNCIL WORK SESSION MARCH 17, 1999 ^ It was the consensus of council to publicly recognize Dave at the April 26, 1999, council meeting. Kim will give a speech thanking him for his work. Any other council member wishing to say something may do so at that time. Council directed Linda to schedule a Tuesday morning breakfast for the City staff. Chris and Caroline will cook the breakfast. Kim and John will serve the breakfast. GOAL SETTING FOR CITY ADMINISTRATOR, KIM SULLIVAN Kim stated a goal setting session between staff and Council needs to be scheduled. She stated she feels it is important for Council to set goals for the City as a group. She suggested a four(4)hour goal session with Dennis and Linda be scheduled. It was the consensus of Council to have Linda develop a draft of goals by Friday, March 19, 1999. Kim and Chris will then meet with Linda to review the list and move forward from there. Andy noted that prompt employee reviews should be included in the goals. John asked that council members who are not at the meeting be allowed to have input regarding the goals. The meeting was adjourned at 9:44 p.m. These minutes were considered,,corrected and approved at the regular Council meeting held on April 12, 1999. J M. Viger,Depu Clerk 0b rly W. k2ilivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 5 SPECIAL COUNCIL MEETING- - MARCH 22, 1999 CITY OF LINO LAKES MINUTES DATE March 22, 1999 TIME STARTED 5:01 p.m. TIME ENDED 6:37 p.m. MEMBERS PRESENT Council Members Bergeson, Dahl, Lyden,Neal, Mayor Sullivan MEMBERS ABSENT None Staff members present: City Administrator, Linda Waite Smith, Administration Director, Dan Tesch and Clerk-Treasurer Marilyn Anderson. The purpose of the meeting was to discuss annual appointments to certain boards and committees. k.. Kim explained that"pink"ballots were distributed which liste the candidates for each board/committee and the number of positions open along with the terms of the positions. ,,.IN Economic Development Committee- There are three(3)three-year positions open on this committee and there are four(4) candidates. Kim explained that Brian Wessel is the staff representative and should not be listed as a candidate. Since that left three (3) candidates and three (3) positions were open, it was agreed that Fred Chase, Don Gorowsky and Howard Juni would fillahose positions. Environmental Board -There atwo (2)three-year positions open on this board and r. there are four(4) candi E Council Member indicated their choice for this board. J. P. Houchins and Scott L .,you eived the most votes. . &R- Park Board Thee are (3)three-year positions open on this board and their are five(5) candida s. ouncil Member indicated their choice for this Board. Paul Montain, George'ndy and Chris Wesland received the most votes. Planning and Zoning Board -There are two (2)three-year positions and one (1) one- year positions open on this board and there are eight(8) candidates. Each Council Member indicated their choice for this board. Donna Carlson and Sharon Lane received the most votes for the two (2)three-year terms and Don Dunn received the most votes for the one-year term. There was further discussion regarding the outcome of the voting for the Planning and Zoning Board candidates. Kim polled each Council Member and no one changed their vote. There was concern about one appointment since that person already serves on another board. It was agreed that if this candidate accepted the Planning and Zoning Board appointment, the person would be asked to resign from the other board. If this in PAGE 1 SPECIAL COUNCIL MEETING MARCH 22, 1999 fact happens, Mr. Joe Boyle who received the fourth number of votes would be appointed to the Park Board. After further discussion, Kim explained the slate of candidates voted on at this meeting will be voted on with one motion at the regular Council meeting this evening. The names of the candidates will be announced after staff has had the opportunity to contact each appointee to determine if they are still interested in the appointment. The meeting was adjourned at 5:37 p.m. These minutes were considered, corrected and approved at a regular Council meeting held on April 12, 1999. -7-111 Ki erl A van,.Mayor r Av. Y 7 PAGE 2 COUNCIL MINUTES MARCH 22, 1999 �. CITY OF LINO LAKES MINUTES DATE March 22 1999, TIME STARTED : 6:30 P.M. TIME OW 1I1:25 P.M. MEMBER PRESENT Bergeson,Dahl,Lyden,Neal,and Mayor Sullivan MEMI3E ABSENT . None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; Economic Development sistant , Mary Alice Divine(part); Planning Consultant,Alan Brixius; Environmental arty Asleson (part); Chief of Police,Dave Pecchia; City Clerk-Treasurer, Marilyn Anc n SETTING THE AGENDA 3- Mayor Sullivan removed Item 2A, Mayors Sullivan'�State©f ibe City;and Item SA, Consideration of Resolution No. 99 - 15, Accep�g Dhorin Circle-Lex Lions for a Party Wagon. g Mayor Sullivan moved Item 1 i, Mules from the March 3, 1999, Council Work Session to Item 7D, under New Business. 41 Council Member L F: y, Est Item 4B, Consideration of Clearwater Creek Phase III, Item 4D, Consideration of Cen Farms 5th Addition, and Item 4F, Consideration of Trapper's Cro nd ition,be tabled. He indicated more discussion needs to be held relating to gro s before these items are considered. Mayor Sullivan ed the items should be discussed because the City does not currently have the Ordinances in place to stop these items. She indicated the items can be tabled after a discussion is held. The amended agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the amended Consent Agenda as presented. Council Member Lyden seconded the motion. Motion carried unanimously. 1 COUNCIL MINUTES MARCH 22, 1999 ITEM ACTION MINUTES: March 8, 1999, Regular Council Meeting Approved DISBURSEMENTS: March 22, 1999 (Check No. 55532 - 55642, $436,073.15) Approved March 22, 1999 Centennial Fire District (Check No. 11962 - 12010 payroll, $20,320.58, Check No. 10001 - 10030 expenses, $7,003.93) Approved .44 E Mayor Sullivan reminded those present of the guidelines for audh art- in City Council meetings, emphasizing the need for respectful dialog; r i OPEN MIKET , No one appeared for open mike. Mayor Sullivan's State of the City Up n of o�doptio the agenda,this item was deleted. x ADMINISTRATION D PAR"T NT REPORT DAN TESCH u Consideration of An and ftpointments-Mr. Tesch presented a green sheet to Council Members that en onsensus of the Council at their 5:00 meeting on March 22, 1999. The green shee pointments to the Planning and Zoning Board, Park and Recreation Board, Enviro 1 oard, and Economic Development Committee. It was the consensus of the Council to make the names public after the appointees have been notified. Council Member Lyden moved to approve the green sheet as presented. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING,Ordinance 03-99,Amending Cable Franchise to Extend Existing Franchise-Mr. Tesch advised that a reduction in staff at the North Metro Telecommunications Commission has slowed down the cable franchise renewal process. The North Metro Telecommunication Commission has requested member cities extend the existing franchise agreement with Media One to October 1, 1999. This will give staff time needed to evaluate the cable company's proposal for renewal. 2 COUNCIL MINUTES MARCH 22, 1999 Council Member Lyden moved to approve the SECOND READING of Ordinance 03 - 99, as presented. Council Member Dahl seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance 03 - 99 can be found at the end of these minutes. Authorization for Attorney, George Hoff,to do additional work-Ms. Waite- Smith stated that in January, 1999, Council authorized Attorney George Hoff to represent the City in negotiations with Great American Insurance Company. The negotiations are not completed but the attorney fees have reached the previously authorized amount of$1,000 Ms. Waite- Smith stated Mr. Hoff estimates that the next phase of a 11 cow a minimum of$750 and may reach a maximum of$4,000, depending on the amuntnn work involved. Ms. Waite- Smith advised that Mr. Hoff is currentl,3out aftown She asked his assistant about the probability of success relating to this case. H�ss'assstant advised this case is not a clear cut case. Ms. Waite- Smith stated she also asked his, if Mr. Hoff would take the case on a contingency basis. Mr. Hoff's t ases. Waite- Smith that Mr. Hoff does not work on contingency. Council Member Lyd - tha ess Mr. Hoff can guarantee there is a 75%or greater chance of wi e c e believes the City is throwing good money after bad. He suggested the item be tables cussion is held at the next work session. Council Membe ergeson stated he is not prepared to vote in favor of this item. More productive discussion is needed. He indicated he is also in favor of tabling. Council Member Dahl stated she would also like to table this item. She would like more information relating to what the City will be getting for the additional dollars spent. Council Member Neal stated he is in favor of authorizing Mr. Hoff to do additional work. Mayor Sullivan stated she is also in favor of authorizing Mr. Hoff to do additional work. She indicated that she will support a motion to table until more discussion can be held. n Council Member Bergeson moved to table the Authorization for Attorney, George Hoff,to do additional work. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. 3 COUNCIL MINUTES MARCH 22, 1999 Adopt Resolution No. 99 - 16,Appointing Sgt. Kent Strege the City's Y2K Coordinator- Ms. Waite- Smith stated Resolution No. 99 - 16 names Police Sergeant Kent Strege the Y2K Coordinator for the City. Ms. Waite- Smith advised Sgt. Strege has attended training on Y2K planning and has been the lead staff person in charge of the Police Department's Y2K activities. As Y2K Coordinator for the City, he will coordinate the ongoing efforts of all City departments and ensure that documentation meets LMCIT requirements. Council Member Bergeson moved to adopt Resolution No. 99 - 16, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 16 can be found at the end of these minutes. COMMUNITY DEVELOPMENT DEPARTMENT REPORT _ Y� Consideration of Contract Hardware,374 Apollo Drive, S10e iqa�Review=end Minor Subdivision -Ms. W land stated Contract Hardware is.re; ueii "y q �g a§ite�lan review and minor subdivision to allow the construction of an 18,000 square foot o ice/warehouse/manufacturing facility in the Apollo Business Center. Ms. Wyland noted the Planning and Zornng Board -ecorzmended approval of the Minor `.. Subdivision and Site Plan Review with% nd t�ons Council Member Lyden ved,to rove 'ite Plan Review and Minor Subdivision based on the following: 1. Pro Id' a ermits be obtained prior to construction. 2. A de&Wpment agreement shall be signed which includes a shared driveway agreemer , 3. Park Dedication shall be collected based on the size of the proposed structure and in accord with the Subdivision and Ordinance. 4. One additional parking space shall be provided to meet parking requirements. 5. Drainage and utility plans shall be subject to the review and approval of the City Engineer with proper easements shown on the site survey document. 6. Trash handling shall be indicated on the plans and properly screened from adjoining properties and public roadways. 4 COUNCIL MINUTES MARCH 22, 1999 7. The parking area shall be paved with a bituminous material and concrete curb and gutter provided around its perimeter and the access drive. 8. Roof top heating and ventilating units shall blend with the exterior of the building. 9. Final building, lighting and landscaping plans shall be subject to the review and approval of City Staff including the Building Inspector, CPTED Officer and City Forester. 10. A signage plan shall be submitted to City Staff for their review and approval prior to issuance of any sign permits. 11. Permits shall be obtained from the Rick Creek Watershed District prior to any site work. 12. There will be no outdoor storage allowed. elw Council Member Neal seconded the motion. Motion carried 13 Consideration of Clearwater Creek Phase III,1 ural and Rural Executive to PDO/Single Family and Preservation Development'1 1. n ry Plat and Comprehensive Plan Amendment(4/5 Vote Required) -Mr Smyser staffed the application is for a Comprehensive Plan Amendment inclu�di g U. Am ndment, rezoning from Rural and Rural- X to Planned Development Overlay,(P7O) c� , ngle'family residential use, and approval of the preliminary development plan fc�r PDt Mr. Smyser noted th NZoning Board considered the applications and held a public hearing on the Plan ant ani Rezoning. The Planning and Zoning Board voted to recommend a vote was as follows: �x Compre ive flan Amendment including MUSA 3 -2 approve Rezone t DO from R and R-X 4 - 1 approve PDO Development Plan,with conditions 3 -2 approve Mr. Steve Apfelbaum came forward and gave the background on the City's new Environmental Development Plan. He stated the City has developed a process to combine development and protect the lands natural resources. He stated he is an advocate of the process. Mr. Apfelbaum stated Mr. Quigly, Developer for Clearwater Creek,has worked together with the City to develop a plan that protects the land and allows for more open space. He showed the first plan from the developer and compared it to the final plan,noting the changes. He stated the new process is a win/win situation for the community and the developer. He advised that the plan is n not a perfect plan and refinements can be made. 5 COUNCIL MINUTES MARCH 22, 1999 Mr. Apfelbaum stressed the need for an ongoing relationship with the developer. He also stated the City needs a model project on the ground. Lino Lakes is on the cutting edge for open space developments. Mr. Smyser noted the City is working with the Minnesota Land Trust relating to conservation easements. The Land Trust has a number of criteria to take on the conservation easements. This plant did not meet that criteria because of the configuration. The City will continue to work with the Land Trust in the future for other developments. Mr. Smyser added that deed restrictions will be used as part of the Homeowners' Association. The Homeowners' Association will own the open space. The City will own the parks and trails. He noted a condition of approval is City reviewal of the Homeowners' Association by-laws. Mr. Quigly added that the lots that have trails passing through them will be constructed in a manner that the garage side will be toward the trail. There will be additioaa ari"° aping on the corners. He expressed concern regarding residents of Phase I and II f, estri 'd towards using the open space areas. There will,however,be trail access orceme ccu d bean issue that does need to be worked on. " Council Member Bergeson indicated he is in favor of the"pl wilt wote yes. Council Member Lyden stated he will not vote 9fitvor cif the plan until the City has mechanisms in place to control growth. Council Member Dahl stated she s t m ayor of PDO's. She stated she believes the plan is a good plan but the City is n x of telf because a Comprehensive Plan has not been adopted. She stated or of the plan until the Comprehensive Plan is in order. Council Mem " .' dal i ated he is in favor of the plan. Mayor Sullivan ed that Council Member Lyden misrepresented the City's lot inventory during his state t this evening. She stated there are no City Ordinances in place that can restrict development. The City is depending on the good will of the developers. This is the type of development citizens have indicated they want. She stated she is in favor of the plan. She indicated she does have concerns regarding the conditions of approval. Because of those concerns, she feels the plan can be tabled until more discussion is held. She stated the trail connection in the park needs to be completed. The issue of outlot ownership also needs to be cleared up. Mayor Sullivan moved to table Clearwater Creek Phase III, Rezone from Rural and Rural Executive to PDO/Single Family and Preservation Development Preliminary Plat and Comprehensive Plan Amendment until the April 12, 1999, Council meeting. The issues of the Council Members and outlot management will be discussed at the next work session. Council Member Lyden seconded the motion. 6 COUNCIL MINUTES MARCH 22, 1999 Mr. Smyser stated if the issue is acted on at the next Council meeting there will not be a problem with an extended application. Mr. Quigly stated he is willing to wait until the next Council meeting for approval. He noted a great deal of thought has gone into the project and he looks forward to completing it. Council Member Bergeson stated the details on the trail issue regarding house proximity should be discussed. Council Member Lyden stated he would like the City Attorney to address legal means the City has to control staging and growth. He asked that the Attorney respond to this project specifically. Mr. Hawkins noted the City legally has no mechanisms to restrict development Motion carried unanimously. y.r PUBLIC HEARING,First Reading, Ordinance No. 05 - 9,11, Vacation of Roadway Easement,Clearwater Creek Phase III (4/5 Vote RegWred Ms Wy d advised that in order to plat the Clearwater Creek 3rd Addition,the-existing t "ad easements through this area of the development must be vacated. Ms. Wyland suggested the public hearing,be'apened andthen continued until the next Council meeting when a decision is made regain ' " Clearwater Creek Phase III. Mayor Sullivan opened the pu c eanng 7:52 p.m. Council Member Lyd d tontinue the public hearing at the April 12, 1999, Council meeting. Co q� ember Dahl seconded the motion. Motion carried unanimously. Mayor Sullivan :A ed r a short recess at 7:53 p.m. Mayor Sullivan reconvened the meeting at 8:01 p.m. Consideration of Behm's Century Farms 5th Addition,Revised Preliminary Plat-Ms. Wyland stated Mr. Gary Uhde has requested review of a revised preliminary plat for the Behm's Century Farm 5th Addition. The revised preliminary plat is a result of work that has allowed the realignment of the cul-de-sac to the north and the addition of 8 lots. It has also proved for the modification of the trail and open space plan through this are to preserve more of the ecological resources within the project and provide a better connection to future development to the north. 7 COUNCIL MINUTES MARCH 22, 1999 Ms. Wyland advised that Mr. Uhde does have homeowners booklets that include a disclosure regarding the Williams Pipeline and existing air park. She stated the city attorney will review the disclosures. Ms. Wyland noted the Planning and Zoning Board approved with a 5-0 vote and conditions. Included in the approval is the variance for Lot 7, Block 4 and the cul-de-sac length. Council Member Bergeson moved to approve the revised preliminary plat based on the following conditions: 1. Permits are obtained from the Rice Creek Watershed District,the U.S. Army Corps of Engineers and Anoka County for access to Sunset Road. 2. Grading, drainage and utility plans are approved by the City Engineer. 3. Drainage and utility easements are provided along all lot .1es lace over designated wetland and drainage areas subject to the review and�mpprovafthe City Engineer. ` 4. The plat is redrawn to eliminate the need fo:rYthent depth variance on Lots 1 and 2 and an easement for trail purposes is pro-vided over tFi&drainage and utility easements on these lots that connect to the trail segment,-provided on the plat. 5. A variance is granted for to 4 d t 7,Block 4 and the cul-de-sac length for Palomino Lane. z� 6. A detailed, e and tree preservation plan is submitted which addresses fic screening at th ery a plat and reduces the visual impact of the subdivision from a t pr ies outside the plat. XQ 7. The oper shall provide a disclosure statement for all properties abutting trails. 8. The developer shall remove all brush and dirt piles surrounding the pond as detailed in his letter to residents of Behm's 2nd Addition dated March 4, 1999. An additional neighborhood meeting will be held in late April to insure resolution of neighborhood concerns. 9. Disclosures on the Williams Pipeline are subject to the review of the city attorney. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Lyden voting no. PUBLIC HEARING,First Reading, Ordinance No. 06 -99,Vacation of Easements in Old Arborlake Plat(Replatted Otter Bay) (4/5 Vote Required) -Ms. Wyland advised an area in the southeast portion of Lino Lakes was platted as Arborlake in 1980. The development was 8 COUNCIL MINUTES MARCH 22, 1999 replatted in 1987 as Otter Bay,however,the roads and easements of the original plat were not vacated and do not match the roads and easement in the new plat. For unknown reasons,these underlying roads and easements have not been an obstacle to other property transfers. However, in the interest of providing clear titles to the fourteen properties in Otter Bay, staff recommended the vacation of the roads and easements in Arborlake. Ms. Wyland noted the roads and easements in the Otter Bay plat will remain as platted. Mayor Sullivan opened the public hearing at 8:18 p.m. Council Member Lyden moved to close the public hearing at 8:19 p.m. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Lyden moved to approve the First Reading of Ordinan �11 o E15 F 99, as presented. Council Member Neal seconded the motion. Council Member Bergeson voted yes. Council Member Dahl tom:—Ctouneil Member Lyden voted yes. Council Member Neal voted yes. Mayor S ,tva�yes. Motion carried unanimously. Consideration of Trapper's Crossing Znd Additign,Final Plat-Ms. Wyland advised the preliminary plat for Trapper's Crossinj as nppxoved"by the City Council on August 8, 1994. The first addition was final plun 4,1996, and only six(6) of those 281ots are available. The balance o e c pme t, `as been divided into two (2)phases. The 2nd Addition contains 521. a 's ted on the easterly side of the southern portion of the development. :£ Staff recomme ec _ " of the final plat subject to the review and approval of the final grading plans b City Engineer. Mr. Hawkins noted the issue on this item relates only to the final plat conforming to the preliminary plat. The preliminary plat was previously approved. If the developer adheres he has the right to continue development. Mayor Sullivan directed Mr. Hawkins to review the development contract. She asked that he discuss the issue of the 4 foot fence with the two abutting property owners after he reviews the contract. Mayor Sullivan noted there is not a conflict of interest relating to Council Member Dahl. The preliminary plat was approved before she became a member of the Council. 9 COUNCIL MINUTES MARCH 22, 1999 ` Council Member Bergeson moved to approve the final plat of Trapper's Crossing 2nd Addition subject to the review and approval of the final grading plans by the City Engineer. Council Member Neal seconded the motion. Council Member Neal stated he is in favor of the project and will vote yes. Council Member Dahl indicated she will vote in favor of the project. She stated she has no control of it and was not a part of the original plan. She noted she does want the fence to be put in. Mayor Sullivan stated she is in favor of the project. It is the responsibility of Council to verify that the final plat is the same as the preliminary plat. Council Member Lyden stated he is not in favor of the project. He stated the City needs time to explore issues relating to growth control. C FAT Council Member Bergeson stated he is in favor of the project baked on staf o %mendation that the final plat is the same as the previous plat. Motion carried with Council Member Lyden voting;no, Consideration of Resolution No. 99- 18,Accept Bids and Award Construction Contract, Apollo Drive Phase 3,John Powell Powell Mated the City Council approved the plans and specifications for this project on August.1 Q � 8, with the understanding the project would not be bid until early 1999. Sealednd wereeceivd and opened on Tuesday, March 9, 1999, for the Apollo Drive Phase 3oje0, The low bid from Cen dscang, Inc.in the amount of$373,094.41, is approximately 9% below the Eng °s E ate for this project. Mr. Powell adviA a roject will be financed through special assessments to benefiting property owners, oka County (through the Joint Powers Agreement), and the City of Lino Lakes. The proposed schedule for the project is as follows: Council Awards Bid March 22, 1999 Construction Begins April 15, 1999 Construction through Bituminous Base at Lilac/Apollo June 15, 1999 Construction Complete August 15, 1999 Council Member Neal moved to adopt Resolution No. 99 - 18, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 18 can be found at the end of these minutes. 10 COUNCIL MINUTES MARCH 22, 1999 Resolution No. 99- 19, Consideration of Joint Powers Agreement for Water Service with the City of Centerville,John Powell-Mr. Powell stated that in order to provide an emergency water source for the two (2)communities, and to assist water storage needs for the City of Centerville on a temporary basis,the cities of Lino Lakes and Centerville propose to connect their respective water systems through a valved and metered interconnection. A Joint Powers Agreement is necessary to define financial responsibilities and conditions between the two (2) cities. Mr. Powell noted the City has reviewed the agreement in a draft form and has now been approved by the City of Centerville. Council Member Bergeson moved to adopt Resolution No. 99 - 19,as presented Council Member Dahl seconded the motion. rE k7d,00 Council Member Neal stated a stand by charge should be includ Fn agrerezt . Motion carried unanimously. Resolution No. 99 - 19 can be found at the end of seminutes. Resolution No. 99 -20, Consideration freement with Williams Pipeline Company for Behm's Century Farm 5th Addii to kkI'oweII Mr. Powell advised Williams Pipeline z= g Company has recently info \t t'ey are reconsidering the terms of the proposed agreement for use of their eas M.- Council Member Lyd coed to opt Resolution No. 99 -20,as presented. Council Member Dahl seconded oti yMotion carried unanimously. Resolution No. 9, § 0 fan be found at the end of these minutes. FIRST READING, Ordinance No. 04 -99,Exchange of Property with James and Tracy Douglas,John Powell-Mr. Powell advised that as part of the Lake Drive Trunk Utility and Apollo Drive-Phase 3 projects,the City acquired the Orman property located on the north side of Lilac Street. Immediately north and west of the Orman parcel is the Douglas property. Mr. Powell stated a portion of the Douglas property was also needed for this project primarily for construction of a storm water pond. As a result of negotiations with James and Tracy Douglas, the City agreed to exchange that portion of the Orman property which is not needed for the improvements for that portion of the Douglas property which is needed for pond construction. Council Member Dahl moved to approve the First Reading of Ordinance No. 04- 99, as presented. Council Member Neal seconded the motion. 11 COUNCIL MINUTES MARCH 22, 1999 Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Consideration of Resolution No. 99 - 17,Accepting Bids and Awarding Contracts for Landscaping the Civic Complex,Mary Alice Divine -Ms. Divine advised the City has called for bids on landscaping for the Civic Complex. Bids were opened on Tuesday, March 9, 1999, 4:00 p.m. The City received one landscaping bid from Prescription Landscape of St. Paul. Staff and Adolfson& Peterson,the construction manager, recommended acceptance of the base bid of $34,690 because it was within the range budgeted for landscaping. Ms. Divine noted the base bid is for supply of topsoil, seeding, sod, mule`roc d a fieldstone retaining wall. '' Council Member Lyden moved to adopt Resolution No. 99 - 17, sented,' ' ouncil Member Dahl seconded the motion. Motion carried unanimousl42, Resolution No. 99 - 17 can be found at the end athesdtunite £r= Resolution No. 99 -21,In Support of�nnesot D Conservation Planning Grant, Brian �... Wessel-Mr. Wessel stated Resolution%r—',Q'11�,he 0 99 ,.21 supports submittal of a grant to the Minnesota Department of Natural Resour `'dew pfogram called Metro Greenways Planning Grant Program. g , The grant request of L oul used to provide equipment and software that would support revision and r -_ ent ur natural resource inventory. This field survey will be a part of the City's develop n "- process. The proposal would possibly share the costs of GPS equipment with Ano a County Parks Environmental Department. The City match for this grant proposal would be$9,500,using surface water management funds. Council Member Bergeson moved to adopt Resolution No. 99 - 21, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99-21 can be found at the end of these minutes. JADT Amoco/McDonalds,Lake Drive at Apollo,Planned Development Overlay, Preliminary Plat, Conditional Use Permit,Jeff Smyser-The application is for PDO, Preliminary Plan, and Conditional Use Permit. 12 COUNCIL MINUTES MARCH 22, 1999 Mr. Wessel stated he has been working with Mr. Tim Baylor on this project. The project initially included a combined McDonalds/gas station. Mr. Baylor has recently negotiated with McDonalds for a stand alone restaurant. Mr. Smyser noted the staff is recommending denial based on the findings in the report. Mr. Alan Brixius, Planning Consultant, reviewed the background of the project. He noted the combination McDonalds/gas station was a change from the original concept plan. He indicated the City has received a conceptual plan for a stand alone McDonalds but have not had time to review the plan. He stated the Council must act on the plan or the developer must request an extension. Mr. Baylor, developer for the project, came forward and stated he has negotiated with McDonalds for a stand alone restaurant which took a great deal of time. He stated staff received the revised preliminary plat last week. Mr. Baylor asked that the evaluation of the project continue. Hepo Yht Concil approve the preliminary plat, and PDO. The City may send the site plop ou h� ie City process. He indicated the message he has received from the property offert"thAtAff"the plan is not approved this evening,the property may not be av able �rdeveloprnent. Mr. Hawkins noted that because the planar been changed, it cannot be approved without another public hearing. He indicated he v�' Yh the staff recommendation. Mr. Greg Frank, engineer for 4n ecY,one fard and reviewed the plan. He stated the drainage issue has been r ly x s notedhere will be tree impact but the wetland will remain. Mayor Sullivan state - s unable to take further action. Additional information is needed. The Ci is fa d alone McDonalds. She thanked Mr. Baylor for his hard work. _ . Mr. Brixius not ,_z e ty can waive the 12 month waiting period if the project is denied. Council Member Lyden asked Mr. Baylor if he could request an extension. Mr. Smyser stated if the City receives the application by Wednesday and site plan by Friday,the project could go through the various boards and return to Council on April 26, 1999. If the revised plan is not received this week there will an additional 30 day delay. Mr. Baylor stated he appreciates the staff time and Council consideration on the project. He stated he also appreciates the Council flexibility regarding the 12 month waiting period. He asked that the Council vote on the plan this evening. 10"IN Council Member Lyden moved to deny the application based on staff recommendation. Council Member Bergeson seconded the motion. 13 COUNCIL MINUTES MARCH 22, 1999 Council Member Bergeson suggested the motion be amended to waive the 12 month waiting period. Council Member Lyden moved to amend the motion to deny the PDO, Preliminary Plat, and Conditional Use Permit and waive the 12 month waiting period based on the findings in the staff report. Council Member Bergeson seconded the motion. Mayor Sullivan asked that staff continue to work on the project. If the project is appropriate, issues should be resolved to make it happen. Motion carried with Council Member Neal voting no. PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER Consideration of Resolution No. 99-15,Accepting Donation from Ciardons for a Party Wagon-Upon adoption of the agenda,this item was deleted. OLD BUSINESS-None NEW BUSINESS Consideration of February 17, 1999, Special Council Meeting Minutes (Council Member Bergeson and Neal were absent) - n moved to approve the February 17, 1999, Special Council Meeting Minutes�as p nted Council Member Dahl seconded the motion. Motion carried with, er rgeson and Neal abstaining. Consideration of Fe $ 7, 9, Council Work Session Minutes (Council Member Bergeson and Neal ent) ouncil Member Dahl moved to approve the February 17, 1999, Council Se Minutes, as presented. Council Member Lyden seconded the motion. Motio"} `tfi Council Member Bergeson and Neal abstaining. Consideration of une 24, 1996, Council Meeting Minutes (Council Member Dahl and Mayor Sullivan were not Members of the Council,Council Member Bergeson was absent)- Council Member Lyden moved to approve the June 24, 1996, Council Meeting Minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl,Bergeson, and Mayor Sullivan abstaining. Consideration of March 3, 1999, Council Work Session Minutes-Mayor Sullivan asked for clarification regarding the non-compliant bleacher within the City. Mayor Sullivan moved to pull the March 3, 1999, Council Work Session Minutes and discuss them at the next work session. Council Member Dahl seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR MARCH 23, 1999 THROUGH APRIL 12, 1999 14 COUNCIL MINUTES MARCH 22, 1999 n Town Center Group Meeting, Tuesday,March 23, 1999,6:00 p.m. Regional Park Meeting,Thursday,March 25, 1999, 7:00 p.m.,Wargo Nature Center Fire Department Appreciation, Saturday,March 27, 1999, Gulden's in Maplewood Environmental Focus Group Meeting,Wednesday, March 31, 1999, 6:30 p.m. EDAC,Thursday,April 1, 1999, 7:00 a.m. Environmental Board Meeting,Thursday,April 1, 1999, 6:30 p.m. Park Board Meeting,Monday,April 5, 1999,6:30 p.m. Mayor's Round Table,Monday,April 5, 1999, 7:00 p.m. AM Council Work Session,Wednesday,April 7, 1999,5:30 p. Joint City Council and Charter Commission Me tu►g, hursday,April 8, 1999, 7:00 p.m. �-, Regular Council Meeting,Monday,Apri 12,a999,6. 0 p.m. Planning and Zoning Meeting,Wednesdays April 14, 1999,6:30 p.m. I� Annual Board of Review,.- April J9, 1999,6:30 p.m. Earth Day- City Auclqp;, atur fiyq April 24, 1999 ADJOURN There being no er business, Mayor Sullivan moved to adjourn at 10:25 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, May 10, 1999. r ✓ t Jean . Viger, Deputy Clerk K bey llivan, Mayor Tr scribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 15 Council Member Lyden introduced the following Ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 03-99 AN ORDINANCE AMENDING THE CABLE FRANCHISE ORDINANCE NO. 83- 08,ARTICLE 2,SECTION 4,FRANCHISE TERM The City of Lino Lakes,Anoka County,Minnesota does ordain: SECTION 1. Ordinance No. 83-08, Article 2, Section 4,Franchise Term, is hereby amended to read: Section 4.04 Franchise Term This Franchise shall commence upon the effective date of the regular certificate of confirmation issued by Board and shall expire on October 1, 1999 unless terminated sooner as hereinafter provided. SECTION 2. This Ordinance shall be effective upon passage and official publication. PASSED by the City Council this 12 9-day of March, 1999. r rly A ullivan, Mayor J M. Viger,De pu er e motion for ado lion of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon,the following voted in favor thereof: Bergeson, Neal Sullivan, Lyden, Dahl The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-16 RESOLUTION APPOINTING Y2K COORDINATOR WHEREAS, the City of Lino Lakes recognizes that the Year 2000 problem involves more than just a computer issue; and WHEREAS, the City recognizes that all of its departments and services may be impacted by the Year 2000 problem; and WHEREAS, the City has adopted a policy establishing the Year 2000 problem as a top priority for all city operations; and WHEREAS, the City in this policy sets forth its commitment to identify, address and resolve potential problems created by Year 2000 issues and to make its best effort to ensure continuity of essential city services; and WHEREAS, the City's efforts to minimize the potential impact for the Year 2000 problem will likely involve multiple city operations and outside organizations; and WHEREAS, the City believes that coordination of all persons working on the Year 2000 problem on behalf of the City is essential to the efficiency and effectiveness of the City's overall Year 2000 effort; and WHEREAS, the City pledges to create contingency and community preparedness plans to reduce the possible effects of computer and operational system failures throughout the community; and WHEREAS, the League of Minnesota Cities has requested that cities designate a contact person to receive information on the Year 2000 problem; THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby appoints Sgt. '� Kent Strege to serve as the City's Year 2000 Project Coordinator. Adopted by the City of Lino Lakes City Council this"2 2 nd d av of March, 1999 . w1 � berly ullivan, Mayor 1 ' , J M. Viger, Depu lerk e motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon,the following voted in favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said resolution was declared duly passed. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-18 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT —APOLLO DRIVE PHASE 3 IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the construction of the Apollo Drive Phase 3 Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Bid Amount Central Landscaping, Inc. $ 373,094.41 13655 Lake Drive Forest Lake, MN 55025 OptiCon, Inc. $ 379,986.49 10300 Portland Avenue South Bloomington, MN 55420 W. B. Miller, Inc. $ 386,209.12 6701 Norris Lake Road NW Elk River, MN 55330 Ryan Contracting, Inc. $ 387,629.08 8700 1 r Avenue East Shakopee, MN 55379 Forest Lake Contracting, Inc. $ 394,804.87 14777 Lake Drive Forest Lake, MN 55025 Northwest Asphalt, Inc. $ 395,477.04 1451 Stagecoach Road Shakopee, MN 55379 S. R.Weidema, Inc. $ 398,047.06 17600 113"'Avenue North Maple Grove, MN 55369 Richard Knutson, Inc. $ 425,376.08 12585 Rhode Island Avenue South Savage, MN 55378 Hardrives, Inc. $ 428,132.37 14475 Quiram Drive Rogers, MN 55374 Engineer's Estimate $ 411,180.50 AND WHEREAS, it appears that Central Landscaping, Inc., is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Central Landscaping, Inc., 13655 Lake Drive, Forest Lake, Minnesota 55025 in the name of the City of Lino Lakes for the construction of the Apollo Drive Phase 3 Improvements according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract.has been signed. Adopted by the Lino Lakes City Council thi*eA. r , 1999.ullivan, Mayor 2tc. The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said resolution was duly passed and adopted CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 22, 1999. Council Member Berqeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99 - 19 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT WITH THE CITY OF CENTERVILLE FOR WATER SERVICE AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. WHEREAS, the City of Lino Lakes and the City of Centerville agree that a controlled connection of their two water systems is in the best interest of both communities, and WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA. 1. Hereby approve the Joint Powers Agreement with the City of Centerville for Water Service and to authorize the M*y4iVII, d Ci k to sign the Agreement. Adopted by the City Council this 22nd day AIVU n, Mayor V r The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favorthereof: Berqeson, Dahl, Lyden, Neal , Sullivan The following voted against same:' none Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 22, 1999. �L Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99 - 20 RESOLUTION approving the ENCROACHMENT AGREEMENT WITH WILLIAMS PIPE LINE COMPANY. WHEREAS, Williams Pipe Line Company has an existing easement over a portion of Section 7 to be re-platted as Behm's Century Farm Vh Addition, and WHEREAS, The City of Lino Lakes proposes to construct public improvements within the easement, and WHEREAS, Williams Pipe Line Company requires an encroachment agreement for such construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approve the Encroachment Agreement with Williams Pipe Line Company. Adopted by the City Council this 22nd day o M ch, 99&I tj N%-� rl A. an, Mayor r \A The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same:none Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 22, 1999. Q0.., '�D'-V 'A-1 e�� K Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-17 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR LANDSCAPING FOR THE CIVIC COMPLEX WHEREAS, pursuant to an advertisement for bids for landscaping for the Civic Complex; bids were received,opened, and tabulated according to law, and the following bids were received complying with the advertisement: Name: Amount of Bid Prescription Landscape,Inc. $34,690.00 1311 Sylvan St. St. Paul,MN 55117 ND WHEREAS, it appears that Prescription Landscape, Inc. St. Paul, Minnesota, is the lowest responsible bidder for landscaping; NOW TfIEREFORE,BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES,M NNESOTA: 1. The Mayor and'City Clerk are hereby authorized and directed to enter into the contract with Prescription Landscape,Inc. in the name of the City of Lino Lakes for the Civic Complex,according to the plans and specifications therefore approved by the City Council and on file at Lino Lakes City Hall. A ted by a ouncil of the City of Lino Lakes this 22nd day of March, 1999. er y S ban,Mayor _ vv\ ' 001� Jean M. Viger, D uty Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favorthereof: Bergeson, Dahl , Lyden, Neal , Sullivan The following voted against same: none Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 22, 1999. Aean M. Viger,D uty Clerk n Council Membersergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99 -21 RESOLUTION SUPPORTING MINNESOTA DEPARTMENT OF NATURAL RESOURCES METRO GREENWAYS PLANNING GRANT SUBMITTAL WHEREAS, The City of Lino Lakes has a vast and extensive natural resource heritage, AND WHEREAS, The City of Lino Lakes natural resource heritage is a critical component in maintaining the area's high quality of life, its economic and environmental vitality, AND WHEREAS, The City of Lino Lakes has provided funding over the last two years for the extensive study of the natural resource base and the development of a Management Plan for these resources, AND WHERAES, the preservation development process developed in our management plan includes the need to refine site boundaries and update restoration efforts into our inventory, AND WHEREAS,Anoka County Rice Creek Chain of Lakes Regional Park includes 2600 acres of dedicated resource with several large recreational lakes, AND WHEREAS,Anoka County Parks has developed a similar resource inventory and management plan simultaneously with the City of Lino Lakes, AND WHEREAS, the City will be collaborating in resource management efforts with Anoka County, and the Rice Creek Watershed District, and there is a need for support tools by both Anoka County and The City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Supports the grant proposal to the Minnesota Department of Natural Resources for a planning grant for the purchase of needed equipment under the Conservation Partners Program. n � Adopted by the Lino Lakes City Council thi 2 March, • 19 9 9. i Ki ed A. I Ivan, Mayor 'M The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favorthereof: Bergeson,Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on date. CITY COUNCIL WORK SESSION APRIL 7, 1999 CITY OF LINO LAKES MINUTES DATE : April 7,1999 TIME;STARTED) 5:35 p.m. TIME:ENDED 1055 p.m. MEMER&PIIE ENT Council Members Bergeson,Dahl(5:42 p.m.),Lyden(5:42 p.m.),Neal,and Mayor Sullivan' MEMBERS ABSENT;.,,. ! None Staff members present: City Administrator,Linda ",,Administration Smith,Administration Director, Dan Tesch; City.Engineer, John Powell; Community Development Director, Brian Wessel; Economic Development Assistant, Mary Alice DiVine;Planning Coordinator, Mary Kay Wyland; Public Service Director, Rick DeGardner; City Attorney, Barry Sullivan(part); Chief of Police,Dave Pecchia; Environmental Specialist, Marty Asleson; City Planner, Jeff Smyser; and City Clerk Marilyn Anderson ^` DISCUSS FOGERTY INVESTMENT PROJECT, JEFF SMYSER Jeff Smyser stated Fogerty Investments has submitted an application for a Planned Development Overlay(PDO)1h light industrial uses on a lot in the Apollo Business Park. Currently the lot is zoned General Business and is located next to the North Suburban Health Climc 'he prfl osed plan is to include four(4) buildings. The Zoning Ordinance allows mare than€onencipal building on a lot only in a planned development overlay Thefuture plan is to subdivide the lot into three (3)parcels with two (2)buildings on one" f the lots. The North Suburb Health Clinic is opposing the application for the rezoning from General Business t4 ,ight Industrial. Staff recommended approval of the applications based on several conditions. Mr. Bill Fogerty, Fogerty Investments, stated he understood the area was designated Light Industrial when the new Comprehensive Plan is adopted. He also stated the City indicated they would like a visually pleasing development from the freeway. He noted all =- truck transportation will be on the inside the lot and a new driveway would be constructed on the southern edge of the lot to keep truck traffic away from the clinic. Mr. Curt Martinson, a representative for Fogerty Investments, distributed a document that lists F & G, Inc. and LLBC's current tenants, type of businesses, square footage of each 1 CITY COUNCIL WORK SESSION APRIL 7, 1999 building, and the number of employees in each building. The document also shows the Real Estate Taxes payable for F & G, Inc., and LLBC properties for 1999. The total number of employees at the four(4)buildings are 316, 307 which were new jobs created within the City. Ms. Deb Lawrence, a representative for HealthPartners (North Suburban Health Clinic), stated they looked very carefully for an appropriate location for the clinic. She expressed the clinic's concern regarding freeway visibility, noise,traffic, and exhaust fumes. She stated the City asked the clinic to share a driveway access when the site was chosen. The clinic purchased the property in 1996. At that time the property was zoned General Business. The clinic looked into all General Business uses to ensure those uses were compatible to the clinic. Dr. Steve Slaten came forward and stated he has been a resident pf Linotakes for 20 years. He has practiced medicine in the City for 15 years. He stated=that he very strongly believes that medical clinics do not belong in industrial parks. He expressed concern regarding the type of business that may locate there in the next, -10 years. He asked that the property remain zoned General Business. John Powell reviewed the Joint Powers Agreement with the County regarding Apollo Drive. He indicated staff has reviewed the traffic flow through the site and is comfortable with the findings. He noted Apollo Drive was constructed for much more traffic than it currently has. Mr. Don Dunn,resident of Lino Lakes,stated he believes the rezone is compatible with the Comprehensive Plan. Input'ab©ut the rezoning was needed at the Comprehensive Plan Task Force meetings. He,stated he is disappointed that a resolution has not been found between the clinWli d F&rtty Investment. The proposal is a good step in meeting the City's tax base goals. ;negative vote to the proposal is discouraging business in Lino Lakes. He noted that if the two (2)parties would work together a resolution could be found. Council Member I W asked Mary Kay for a copy of the minutes from the Planning and Zoning meeting when the clinic was developed. She also asked for the green sheet regarding the clinic's site plan. Mary Kay indicated she would get the information for Caroline before the next council meeting,April 12, 1999. This item will appear on the agenda at the regular Council meeting Monday,April 12, 1999. DISCUSS VAUGHAN SETTLEMENT,BARRY SULLIVAN This matter relates to the land swap between the City of Lino Lakes and Anoka County. The city obtained a parcel of land from Mr. Vaughan by eminent domain. This parcel 2 CITY COUNCIL WORK SESSION APRIL 7, 1999 ^� was then exchanged with Anoka County for the land on which the Civic Complex is constructed. The eminent domain proceedings of the Vaughan property went to a jury trial a few weeks ago. On the fourth day of the trial a settlement was reached. Mr. Vaughan had asked for$1,500,000. for the property. He also indicated that taking part of his property diminished the value of the existing property. He believed the City took part of his platted property because the lines on the map did not match. It was determined that some of the acquisition did come into his platted land. However, there was also land that was intended to be taken but was not. Both parties agreed to the settlement based on the following conditions: 1. The City agreed to a sum of$290,000 for the property_ 2. The City agreed to work with the County to adjust tie Property lines to make them consistent with what the city intended. 3. The City will ask the County to convey some land back to Mr. Vaughan. 4. The City will attempt to straighten out the lines in the left hand corner of the property (Mr. Sullivan referred to the map). 5. Mr. Vaughan agreed toconvey-land to the City and County to meet the 100 acre requirement. 6. The City will,at staff level, cooperate with Mr. Vaughan to develop his island to include: a :;The City will not guarantee development if a rezone or PDO is required. b. Development of the island will require DNR and Rice Creek Watershed approval. 7. The City will not use encroachment as basis of denial of the final plat. 8. The City will pay $5,000 each for some lots if Mr. Vaughan loses lots due to the County taking land back or right-of-way requirements. Mr. Sullivan advised the City may potentially be required to pay an additional $40,000 ,.� for 8 lots. 3 CITY COUNCIL WORK SESSION APRIL 7, 1999 Mr. Sullivan noted that he will speak to the surveyor about the mistakes in the map lines, with Council approval. Mr. Sullivan stated he will ask for authorization from Council for the second payment and then begin discussions with the County to straighten the property lines. This item will appear on the agenda at the regular Council meeting Monday,April 12, 1999. AMERICAN LEGION LAND ACQUISITION, COUNCIL MEMBER, NEAL Council Member Neal distributed a picture of the type of building the Legion is going to build on the site of the current police station. He noted that the architecture will match the Town Center. The Legion is meeting with the general contractor tomorrow to begin the building process. Mr. Neal stated the Legion needs to know how much the city will ask for the property. He suggested$1.00 on the low end to $10,000 on the high ends He'added that the City should help local people within the City. Mr.Neal added that the Legion will have representatives going out house to house in the area to explain the Legion plans for the lot. Mr. Bob Moser, Financial Officer for the Legion, stated the Legion has been trying to relocate in the City since 1997. The Legion has spent$60,000 on two (2)potential sites that fell through. He asked the City,to sell the Legion the land at a minimal amount because of the dollars already_spent. Brian Wessel stated the appraisal will be available by the second Council meeting in May. Approval for the` `— raiser will be requested at the regular Council meeting on Monday. Council directed Linda Waite Smith to speak with the City Attorney about preparing a Right of First Refusal Contract with the Legion. Ms. Donna Carlson,resident of Lino Lakes, expressed concern regarding the Legion signing a contract with a general contractor if the City will not sell the land at a reasonable price. She stated the land given to the YMCA was not appraised. The YMCA is not a local business. The value of the Legion is such that the City should not spend $1,500 for an appraisal. The Legion should get a commitment from the Council regarding the sale of the land. It was the consensus of the Council to obtain a formal appraisal of the property. After the appraisal is received, a negotiated price can be determined. 4 CITY COUNCIL WORK SESSION APRIL 7, 1999 This item will appear on the agenda at the regular Council meeting Monday,April 12, 1999. The Council moved to the council chambers at 8:30 p.m. to listen to the annual Police Department Report presented by Steve Mortenson. The meeting reconvened at 8:40 p.m. CLEARWATER CREEK PHASE III UPDATE,JEFF SMYSER Jeff Smyser advised this item is continued from the March 22, 1999, Council meeting. Council had several questions about the open space. There are several options for ownership and/or care of the open space: 1. Homeowners association owns the open space except the trail corridor. Deed restrictions to address open space protection. A management-plan for the open space is part of the homeowners association by-laws. 2. Homeowners association owns the operispace except the trail corridor. The City holds an easement over the open space that restricts activity in the open space and gives this enforcement authority to the City. Monitoring of the easement n areas is the responsibility of the City. A management plan for the open space is part of the homeowners association by-laws. 3. City owns all the open space. City is responsible for management of open space. Staff recommended option 2. Mayor Sullivan stated the.Council needs a draft process and schedule before Monday night regarding:City;involvement in the open space. The City must also get an escrow or endowment to cover the expense of management of the open space. J.P. Houchins, Environmental Board, stated it was the consensus of the Environmental Board that if the land owners have a homeowners association they care more about the open space and take care of it better. The City does need some control to make sure the open space is used properly. He noted the importance of getting a model development for this particular open space as this will be used as a model for other open space development. Mr. Smyser stated that in discussing the phasing of the development with Mr. Quigly, developer of Clearwater Creek, it was determined that he wanted to construct roads and utilities in an area large enough to include the park and much of the trail system in the first phase. This would be the western portion or about 135 lots. The second phase would be the northeast portion. The last phase would be the southeast portion. 5 e CITY COUNCIL WORK SESSION APRIL 7, 1999 Mr. Quigly, stated Phase 1 would consist of 135 lots and include the park and trails. However, building permits would be limited to 75 in 1999. The second phase is approximately 50 lots and the third phase is approximately 58 lots. He stated he anticipates the whole project to be completed within 4-5 years. Mr. Quigly noted he plans to limit the project to 6-8 builders. Mayor Sullivan asked that staff clarify the following with the City Attorney before Monday: 1. Can the City restrict the number of building permits issued per year? 2. Can the City collect an endowment to cover the City's cost in monitoring the open space. 3. The by-laws will define the use for the open spice, There will be a homeowners association, and the homeowners association=is required to maintain the open space. 4. The Council will review the Development Agreement. Council Member Dahl asked Jeff Smyser to document a list of reasons why the PDO is required and provide it by Monday night. Mr. Mark Linblad, resident of Lino Lakes, stated each PDO defines itself. The Council has the opportunity to approve,a very unique development. The project would be a great accomplishment for the,?,,,",,- i This item will appear on the agenda at the regular Council meeting Monday,April 12, 1999. LOT INVENTORY/ANALYSIS,JEFF SMYSER Brian Wessel reviewed the current Comprehensive Plan goals and MUSA numbers regarding residential development. Mary Kay Wyland distributed a hand out regarding lot inventory as it currently exists after the first quarter of 1999. Mr. Wessel reviewed a memo regarding growth management using MUSA allocation. He stated the Council needs to address the issue of policy MUSA allocation based on the forecast of homes to be built by 2020. Council directed Jeff Smyser to address the following questions at the next work session: 6 CITY COUNCIL WORK SESSION APRIL 7, 1999 1. How much of the existing 556 acres of residential MUSA will by used by the year 2010? Also, an estimate of how much will be used by 2020. 2. What quantity of MUSA will be needed for existing homes that will need services by 2010? It was noted that commercial MUSA needs to be considered also in the estimates for usage. REGULAR AGENDA,APRIL 12, 1999 Item 5A, Consideration of 1998 Annual Police Department Report-This item was removed from the regular agenda. Kim requested C &I Permits be included in the report in the future. Item 613, PUBLIC HEARING, Second Reading continued from March 22, 1999, Ordinance No. 05 - 99, Vacation of Roadway Easement, Clearwater Creek Phase III - This item should read"First Reading" of Ordinance No. 05 - 99. It was the consensus of Council to recess the meeting and reconvene Thursday, April 8, 1999, 7:30 p.m., after the Joint Council meeting with the Charter Commission. The meeting was recessed at 10,55 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on April 26, 1999. 1 7 Jean Viger, Deputy CI k imbed dA 'Mul 4an, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 7 COUNCIL MINUTES APRIL 12, 1999 n CITY OF LINO LAKES MINUTES DATE April 12, 1999 TIME.:STfiRTED b30 P.M. TIME:ENI3ED H;43 P:M. MEMBER PRESENT Bergeson,Dahl,Lyden,Neal,and Mayor Sullivan MEMBERS ABSENT ; None Staff members present: City Administrator, Linda Waite Smith; Admimstratto1 Director, Dan Tesch; City Attorney,Bill Hawkins; Community Development Directors ssel; Planning Coordinator,Mary Kay Wyland; City Engineer, John Powell, City yPlazuic Jeffmyser(part) Public Services Director, Rick DeGardner; Economic Developmeut=As_ tahly Alice Divine; Environmental Specialist, Marry Asleson(part); Chief , Dv ecchia(part)and Clerk-Treasurer, Marilyn Anderson SETTING THE AGENDA Council Member Neal added Item 8E,LW_ Drive. He also asked to speak about the Lino Lakes pharmacy under open mike,", The amended agenda wasp ve presented CONSENT AGEND y Mayor Sulliv -" lrch 22, 1999,Regular Council Meeting. Council Member_ ergeson moved to approve the amended Consent Agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: March 17, 1999, Council Work Session Approved March 22, 1999, Special Council Meeting Approved November 16, 1998, Special Council Meeting Approved 1 COUNCIL MINUTES APRIL 12, 1999 DISBURSEMENTS: April Manuals ($548.70) Approved April 12, 1999 (Check No. 55643 - 55772, $284,839.08) Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Mayor Sullivan's State of the City-Mayor Sullivan presented the State of the City address. Mayor Sullivan's State of the City can be found at the end of these rx�uf X Tree City Award,Marty Asleson -Mr. Asleson stated the C* Lno Lice bias been presented the Tree City Award for the eleventh year in a-row The dsgiven to cities that show efforts towards urban forestry conservation that includes tree preservation, an Arbor Day celebration, and Earth Day celebration. d Lino Lakes Pharmacy-Council Member al'stated,a&armacy will be opened in the �.. Fairview Clinic which includes the.opj T4& to purchase eye glasses. The pharmacy will be -40 opened by early May or June, nic`s'"also adding another doctor. VI�.. Mr. Fritz Johnson, j �'-'P e f ino Lakes Chamber of Commerce, came forward and stated the organization has fo s" d. He read the mission statement of the organization and stated their ob s art work with businesses in Lino Lakes, conduct YMCA fund raising, and work to as i of new businesses in the community. He stated the organization is 1 _ 1 support of the proposed Comprehensive Plan and will work in an effort to get the Plan app ed. Mayor Sullivan thanked Mr. Johnson for establishing the organization. She stated she appreciates all their efforts to support the City. PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER Consideration of Resolution No.99- 15,Accepting Donation from Circle-Lex Lions for a Party Wagon -Mr. DeGardner stated the Circle-Lex Lions Club has agreed to purchase a community party wagon and furnish a variety of equipment. This contribution amounts to $10,945. The Lino Lakes Parks and Recreation Department is currently preparing a procedures and policy manual for the party wagon. These procedures will be strictly adhered to. 2 .y COUNCIL MINUTES APRIL 12, 1999 Mr. DeGardner stated the 20' trailer will be stocked with everything needed for a block party. The party wagon will be limited to use by residents who are within the Circle-Lex Lions area. The wagon will be stored in the public works area. Mr. DeGardner introduced Mr. Tony Owen, a representative from the Circle -Lex Lions. Council Member Lyden moved to adopt Resolution No. 99 - 15, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Mayor Sullivan presented a plaque to Mr. Owen and thanked the Circle-Lex for their donation. She stated the party wagon is a wonderful contribution to the City and will be a popular item. Resolution No. 99 - 15 can be found at the end of these minutes. a ADMINISTRATION DEPARTMENT REPORT,DAN TESCH Accept Resignation of Financial Analyst-Mr. Tesch advis 41; Darylulander, Financial Analyst with the City is resigning-for a financial p n the out-state community. Mr. Sulander's last day will be April 16, 1999. 4 n Council Member Dahl moved to accept Mr Dare Sulander's resignation as presented. Council Member Neal seconded the motion. ohdn gamed unanimously. Consideration of Applicatio or Authttennial atit►d'to Conduct Excluded Bingo, Centennial Women of Today-Mr. c the Women of Today,previously the Jay Cee Women, are requesti go fund raiser for a Lino Lakes resident who has cancer. This event wil ld a Rice Lake Elementary School on April 30, 1999. Council Memb ;_._: al moved to approve the request for an exemption from a gambling license for the Centenni omen of Today to Conduct Excluded Bingo. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No.99 -22,Authorizing the Transfer of Moneys from the General Fund to the Community Development Block Grant(CDBG) Fund -Mr. Tesch advised that dollars were budgeted in the 1998 General Fund budget for a Natural Resource Inventory Study. A portion of the study ($8,216.00)was financed with CDBG dollars and the costs were paid out of the CDBG Fund. Mr. Tesch added there was an additional $1,211.50 in personnel costs that need to be funded through a transfer from General Fund. Council Member Bergeson moved to adopt Resolution No. 99 - 22, as presented. Council Member Neal seconded the motion. Motion carried unanimously. 3 COUNCIL MINUTES APRIL 12, 1999 " Resolution No. 99 - 22 can be found at the end of these minutes. �-- Authorize Staff to Begin Process to Recruit a Replacement for Retiring City Clerk,Linda Waite Smith -Ms. Waite Smith advised that the current City Clerk is scheduled to retire at the end of 1999. She recommended the process to replace the City Clerk begin now, with the intent of having someone hired by July 1, 1999. Ms. Waite Smith noted the funding for the partial year salary would come from the salary budgeted to hire a Human Resources Technician in July, 1999. Ms. Waite Smith advised that the position will be posted internally and externally. The position is open to all City employees. Council Member Lyden moved to authorize staff to begin the process to,x, if pity Clerk. Council Member Neal seconded the motion. Motion carried unanim"sl t . PUBLIC SAFETY DEPARTMENT REPORT,DAVE PEC Y .; Consideration of an Addition to the Lino Lakes Caty Code sty.Adopting a Tobacco Ordinance- Sergeant Strege stated the Lino Lakes Ponce have experienced an increase in juvenile tobacco violations. These violati are in viol 'bon of State and Federal laws and J _ fib. smoking has been shown to be the cause iif several sexi4t}s health problems which place a a financial burden on all levels of gave -` ez This Ordinance shall be mte d i gulag the sale, possession,and use of tobacco,tobacco products,and protect - g " t the serious effects associated with the illegal use of tobacco. Sergeant Stre d rdinance gives the City control regarding Tobacco laws and enforcement. will prohibit tobacco vending machines in areas that minors are allowed. " r Council Member Lyden moved to approve the FIRST READING of the addition to the Lino Lakes City Code, as presented. Council Member Dahl seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT,BRIAN WESSEL Consideration of Clearwater Creek Phase III,Rezone from Rural and Rural Executive to PDO/Single Family and Preservation Development Preliminary Plat and Comprehensive �.. Plan Amendment,Jeff Smyser(4/5 Vote Required) -Mr. Smyser stated the application is for a 4 COUNCIL MINUTES APRIL 12, 1999 Comprehensive Plan amendment including MUSA amendment, rezoning from Rural and Rural- X to Planned Development Overlay(PDO) for single family residential use, and approval of the preliminary development plan for the PDO. Mr. Smyser advised this item is continued from the March 22, 1999, Council meeting. At that time, Council Members had several questions about the open space. There are several options which include the following: 1. Homeowners association owns the open space except the trail corridor. Deed restrictions to address open space protection. A management plan for the open space is part of the homeowners association by-laws. 2. Homeowners association owns the open space except the trail corridor. The City holds an easement over the open space that restricts activity in the open pace and gives enforcement authority to the City. Monitoring of the easements responsibility of the City. A management plan for the open space is part of A- eo s association by-laws. 3. City owns all the open space. City is respon e f t of open space. In discussing the phasing of the development, Mr Qiiigly has indicated he wants to construct n roads and utilities in an area large enough to tne�tde the� rk and much of the trail system in the first phase. This would be the western pnrh abut13 lots. The second phase would be the z mg northeast portion. The last phase, utlieast portion. 31 Staff recommended approval mp ensive Plan Amendment, rezone from R and R-X to PDO, and the PDO p i welopment plan, with conditions, as recommended by the Planning and Zoning Mr. Smyser sugges ie allowing be added for conditions of approval: A 1. Approl of preliminary plan is not a guarantee of MUSA allocation. 2. A phasing schedule be written into the development agreement. Mr. Smyser distributed a memo which summarizes the key points in protecting the open space in Preservation Development. Mayor Sullivan asked the City Attorney to comment on the homeowners association contract. Mr. Hawkins stated a homeowners contract has been used in the past as a vehicle to manage certain areas. Open space may be viewed as an amenity to the development which results in better care being taken of the areas. There is always the risk of the homeowners association not wanting to maintain the open spaces. It is possible the open spaces could become City property. Provisions and language in the agreement can be included to make the homeowners association 5 COUNCIL MINUTES APRIL 12, 1999 responsible for the property. He advised it is not a common problem as residents most often want to take care of the property. The City can detail how it wants the open space maintained. Mayor Sullivan asked if the City can establish an escrow to cover any City maintenance costs and to cover any costs associated with City action to enforce the contract. Mr. Hawkins stated he would have to investigate the process of setting up an escrow situation. It is possible the City could levy assessments to cover the costs of cleaning up neglected areas. There will be a mechanism in place for the homeowners association to collect a fee from the homeowners for maintenance. Council Member Lyden stated he supports the option of the City owning and managing the open space for the good of the City. Conflicts and certain issues will be avoided if the City owns the property. Mr. Asleson stated he referred to 1995 figures regarding the mainte=a' n materials. The cost is approximately$72.00 per year,per household, after the tall a That R figure includes maintenance and labor. Council Member Neal asked about the possibility of the, om�efs not laying an association fee. Mr. Smyser stated the homeowners association can p lien on the residents property. F Council Member Lyden asked about the phasmgachedul He stated MUSA is not an issue for the first phase. He indicated he supports tale rezdwa, phasing. He asked at what point is it responsible to open the next phase-for"bwld—' -77 Mr. Smyser advised the rule`vt'll involve the number of building permits allowed each year. Them tea" b " f permits issued in 1999 will be 75. The maximum number �# _ issued in 2000 will be the -`'' 2001, 45 permits will be issued. In 2002, the remainder of building perms ll be > ed to complete the development. Y Council Membei L- den stated that typically once a preliminary plat is approved,the final plat must be approve f it is the same. He asked if this preliminary plat is approved,can the final plat be denied. Mr. Hawkins advised the number of building permits issued can be limited if it is a condition of approval. Mayor Sullivan stated she cannot support the project if 25%of it is cut off. It is expected that the Comprehensive Plan will be approved. She indicated she is very uncomfortable approving only 75%of a project if the Plan is not approved. She stated she does understand and shares the MUSA concern. She stated the project is acceptable. However, she stated she would have rather seen all the information before approval. Other issues must be resolved immediately. She added she believes the project is a good project. Mayor Sullivan stated the following conditions need to be considered: 6 COUNCIL MINUTES APRIL 12, 1999 1. A schedule for the completion of plats, by-laws,phasing, development agreement, and site visits. 2. The City Attorney will review the specific recommendations to ensure the legality. 3. Regular Council updates and results regarding progress of each issue. 4. If the Council is not satisfied with the progress on each issue, the Council may stop the project. Mayor Sullivan expressed concern regarding a clear picture of the goals. Mr. Smyser stated the above issues are typically worked out in the development agreement. Mr. Hawkins stated the Council has the authority to review specific issu- a mmended Council does not add a condition relating to ending the project. Council Member Bergeson stated the Council may choose not A--to the 40 acres until the final plat. The City could also choose to apply Sg o �tiac of property by either taking the MUSA out of reserve or trading it with a pzp the°is in the MUSA. The question is if the City should take part of the ML7SA resee, en though it will not be needed Mx for 3-4 years, or if the City should apply the MUSA at fill plat, assuming it is part of the Comprehensive Plan. Aw Mr. Smyser stated the Condit ont3 i SA is a safe condition. By the last phase of the project a Comprehensive �.0W e i . lace. Council will have the discretion to allocate the MUSA. Mayor Sulhv d th the Comprehensive Plan is not approved the City will have only 3/4 of a project wi t Council Membe ergeson asked about the possibility for the City to own the open space and the homeowners association have a conservation easement to allow the City to take the land back if the agreement didn't preserve the open space. He indicated he does not believe there has been enough discussion regarding the open space management. Mr. Hawkins advised pieces of open space cannot be dedicated. Delineation of open space to be taken over by the City could be done but may not be an advantage to the City. Council Member Lyden stated he is in favor of the City owning the property. There will be fine homes in the development that will pay taxes. He stated he believes the taxes will pay for the maintenance of the open space. Mayor Sullivan called for a short recess at 8:10 p.m. 7 COUNCIL MINUTES APRIL 12, 1999 Mayor Sullivan reconvened the meeting at 8:23 p.m. Mayor Sullivan stated she is very supportive of the project. She expressed concern regarding some loose ends that staff can tighten up after the plan is agreed on. She indicated she would like her conditions to be part of the approval. She stated she is not comfortable about not granting MUSA to this area. She recommended a Comprehensive Plan amendment that includes this in the MUSA area noting that the MUSA is not available now. If the project is developed with no MUSA available it is the same as some other projects within the City. Mayor Sullivan added the Land Trust was not interested in owning the open space because there is no additional greenway. The cost to the City to maintain the open space is approximately $17,000. The homes in the development will be $175,000 and up. The maintenance costs could pay for itself under the current tax structure. She noted that a statement regarding open space management should be included in the motion. Mr. Don Dunn, 6885 Black Duck Drive, stated he would like to s tize Lino Lakes. Pe� , He stated the plan is a great plan for the City and it should be app 'ved It el for the Comprehensive Plan and an extension of the 20/20 Vision. Tate wi b a model for the City to follow for preservation development and a modgh� )r caste � u. The development would show developers the City is serious about open space 4A"t plari'accomplishes the City's 77 objectives. He stated he hopes that the project is npproed. T"he:' rocess is a new process and therefore, the City must learn as it goes. Mr. DeGardner stated the City would nat.nee .addrtioral staff to maintain the open space in the short term. He asked that the,Cxty" clef it abot otential costs regarding the maintenance of the open space. j_ Mayor Sullivan state ` erati"eds to be made regarding a landscaping plan, initial investment, an an ment of the open space. Council Membe` eal a wised he is in favor of option#2,having the homeowners association own the open sp except the trail corridor. Council Member Dahl asked what maintenance will include. Mr. Asleson stated there is a four (4)year establishment period which is a very intensive process. After installation a yearly inspection and burning every several years would occur. Council Member Dahl indicated she is open to the options regarding management of the open space. Council Member Lyden stated he is in favor of option#3, City ownership of the open space. He stated the City can best manage the land. Council Member Bergeson stated because the project is a model project,there are expectations regarding the management of the open space. He stated he is unsure as to whether the 8 COUNCIL MINUTES APRIL 12, 1999 homeowners association can initially do a quality job. He suggested the possibility of the City getting the open spaces established and then passing those areas on to the homeowners association. Mayor Sullivan noted the homeowners association will be working with a consultant. Typically, the homeowners association does the planting and management. Template by-laws could be developed. A consultant will need to assist in the installation. The City has indicated that the project would not cost additional dollars to residents. Council Member Lyden stated there are many trails owned the City. The view can be taken that it will be enjoyed by many residents. Mayor Sullivan moved to approve the land use and MUSA amendment of the existing Comprehensive Plan for the southeast 40 acres of the site noting that it is allowed into the MUSA area without the allocation of MUSA at this time. Council Member Bergeat " ded the motion. np WO Council Member Bergeson clarified that phase 4 is subject to,,-' aiVIIJA Mayor Sullivan stated that is correct. The property will be in;.an area'tl at can have MUSA if it is available. Council Member Bergeson noted that if), a phas lan'ris adopted the question of MUSA will not have to be addressed for 3-4 years Council Member Lyden not`buy into the logic but will vote to approve. Motion carried unani1W Council Memb " oved to approve the rezoning to Planned Development Overlay for single family r tia use based on the findings in the report. Council Member Lyden seconded the mon. Motion carried unanimously. Council Member Lyden moved to approve with staff conditions 1-I I and conditions 11-16,with the expectation that the City would take ownership of the open spaces. Council Member Dahl seconded the motion. Mayor Sullivan clarified that the motion means the City will have to maintain the open space. She stated she needs to be clear on the cost of installation before she can commit. She stated she would prefer to table the item until the City has the costs. Council Member Bergeson suggested the possibility of in time developing a well thought out plan with strict homeowners association guidelines. A plan that guarantees the homeowners association would develop and manage the property to the City's expectation. If that does not 9 COUNCIL MINUTES APRIL 12, 1999 happen,the open space will be owned by the City. The plan could be subject to a satisfactory resolution of the by-laws and management plan. Mayor Sullivan stated she would prefer that option. It gives the homeowners association the opportunity to take care of the property. Mr. Hawkins stated the contract could read that the homeowners association is responsible for installation and then the City could take it over if a satisfactory management plan is not enforced. Council Member Lyden withdrew the motion. Council Member Dahl withdrew the second. Council Member Bergeson moved to approve the Preliminary Development Plan for the PDO with conditions 1-17 and adding that the developer will be responsible fo 6 ,ovements needed for the open space and that if a satisfactory management pl ��iorrrn owners_association, and homeowners association by-laws are not put in place the City,,,-Multi;own an,. aintain the open space after installation. Mayor Sullivan seconded the rn�ion r Mayor Sullivan clarified that the addition referred to, ,,open=space only The parks and trails are already owned by the City. Council Member Bergeson withdrew the.motion 0 Mayor Sullivan withdrew the,Won Mayor Sullivan mov +o a1 roe a Preliminary Development Plan for the PDO with conditions 117 Count mbeTeal seconded the motion. Council Memb tated he is in favor of Mr. Hawkins suggestion. Mayor Sullivan ed for good reasons why the City should commit$17,000 for property that is not park land. Council Member Lyden stated if the developer finances the installation,the City takes on minimal maintenance costs. The City has better resources to maintain the open space. The park and trails are for the public good and the view sheds are for everyone. The homes will pay high taxes. The City should provide the services to maintain the open space. Mayor Sullivan stated the City already owns the parks. The cost is $17,000 per year after installation. The maintenance cost does not balance the City's need to manage the property. Council Member Dahl asked what happens if the homeowners association does not keep the property up. Mr. Hawkins stated the City can assess them. The problem is showing that it is a benefit to the homes there. There is not an easy solution to this issue. 10 COUNCIL MINUTES APRIL 12, 1999 Council Member Dahl suggested it states in the documents that the City can improve the property. Mayor Sullivan amended the motion to include that the by-laws state the City can assess the property owners. Council Member Bergeson asked if that means an individual is trespassing if he goes into the green space and does not live there. Mayor Sullivan stated that is correct. Voting on the motion, motion failed with Council Member Bergeson, Dahl, and Lyden voting no. Council Member Lyden moved to approve the Preliminary Develop t Pn fore PDO based on the following conditions: 1. Eliminate Greenway E as open space and useKa typical d" age easement over the wetland. The wetland will then be within platted"illo�v�th an easement over it. 2. A buffer detail for the strip of land bet?yeen Otter Lake Road and Lot 4 Block 12 should be provided. 3. The developer will�pa*e the trails and'wth the 8.4 acres,the park dedication requirement would e 4. Developer ve tr ��9alignments near Lots 1 & 2 Block 1 and Lots 1 & Block 5 if possibl G to etter connection with other trail segments. Exact trail alignments throughm;:tv pment will be established with Parks staff. 5. The de,y_'eloper will need approvals from Anoka County for the new road access to Otter Lake Drive. The developer also will need to meet any County requirement for additional ROW on Otter Lake Road(CR 81). 6. A tree preservation plan and street tree landscaping plan must be submitted for review by the City Environmental Specialist. Noise abatement to address freeway noise should be considered in this plan. 7. All permits required by the Rice Creek Watershed District shall be obtained prior to an site grading. 8. Utility, grading, and drainage plans must obtain approval from the City Engineer and Rice Creek Watershed District. 11 COUNCIL MINUTES APRIL 12, 1999 9. The City Engineer's comments in his memo of March 4, 1999,must be addressed to his satisfaction. 10. Drainage and utility easements to be held by the City shall cover all wetlands and drainage ways subject to approval of the City Engineer. This includes lot line easements as required by the City Subdivision Regulations. 11. A development agreement will be required,reviewed, and approved by the City Council. 12. The minimum house sizes in the R-1 Zone shall apply in this PDO. 13. Building setbacks and other standards not specifically addressed in the PDO will go by the R-1 X zoning district. 14. The following phasing schedule will apply: �y a. A maximum of 75 building permits will be �19Q9 '. b. A maximum of 60 building permits will be c. A maximum of 45 building permits vyil ed"in 2001. d. The remainder of the buildin 111 ni will`be;granted in 2002. e. Any permits used one year cari be used the next. 15. Unsold building permits m eac�ear may be carried over into the following year. 16. Open space manag ent plan vill be required subject to City Council approval:,_- qme ers association by-laws. on easements c 1 en space management plan 17. The developer will incur all initial costs of the plantings. The City will take over ownership and maintenance of the open space after installation. Council Member Dahl seconded the motion. Council Member Bergeson noted a precedence has been set for publicly owned public space. It is not a new concept and has worked well in the past. Mayor Sullivan stated that was not the intent of this plan. Motion carried unanimously. 12 COUNCIL MINUTES APRIL 12, 1999 PUBLIC HEARING,FIRST READING continued from March 22, 1999, Ordinance No. 05 -99,Vacation of Roadway Easement, Clearwater Creek Phase III, Mary Kay Wyland (4/5 Vote Required) - Ms. Wyland advised that several years ago the property owner recorded a roadway easement to provide access to several parcels of property between Otter Lake Road and Elmcrest Avenue. Since that time this property has been sold to make way for the development of Clearwater Creek 3rd Addition. In order to plat the Clearwater Creek 3rd Addition,the existing roadway easements through this area of the development must be vacated. Mayor Sullivan opened the public hearing at 9:22 p.m. Council Member Lyden moved to close the public hearing at 9:23 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Lyden moved to approve the FIRST READING of tJrd4t.ce ,OS - 99, as presented. Council Member Neal seconded the motion. 4,u Council Member Bergeson voted yes. Council Member Dahl mete cil Member Lyden voted yes. Council Member Neal voted yes lY1 IV voted yes. v- Motion carried unanimously. SECOND READING, Ordinance No.04 '99.Exchange of Property with James and Tracy Douglas,John Powell-Mr. #elt advised Ordinance No. 04 - 99 received its first reading at the March 22, 1999, Cou�cltug The Ordinance trans fe _rty ames and Tracy Douglas as part of the Lake Drive Trunk Utility and Apgriv ase 3. Council Memb ¢` moved to approve the SECOND READING of Ordinance No. 04- 99, as presented. Count Member Neal seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance No. 04 -99 can be found at the end of these minutes. SECOND READING,Ordinance 06 -99,Vacation of Easements in Old Arborlake Plat (Replatted Otter Bay),Mary Kay Wyland (4/5 Vote Required)-Ms. Wyland advised this item received its first reading at the March 22, 1999, Council meeting. 13 COUNCIL MINUTES APRIL 12, 1999 Ordinance No. 06 - 99 is a request to vacate the roads and easements originally platted in 1980 as a part of the Arborlake Plat. That plat was abandoned and replatted as Otter Bay in 1987 but the original roadways and easements of Arborlake were never vacated. Council Member Bergeson moved to approve the SECOND READING of Ordinance No. 06- 99, as presented. Council Member Lyden seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance No. 06 - 99 can be found at the end of these minutes. Consideration of Fogerty Investment,524 Apollo Drive,Rezone from eral Business,to PDO/Light Industrial,Jeff Smyser-Mr. Smyser state�cs rty Iii stments has submitted an application for a Planned Development Overlay for h ind son this site. �" The current applications include the rezoning to PDO, aii4, the P 0 evelc sment plan. The reason a PDO is needed is that there will be more than onb k ng on a lot,the preliminary and S'b- final PDO development are being combined into one. Mr. Smyser noted that future subdivision oftlerte will need to undergo a separate subdivision review process. Mr. Wessel added that d g't ie,earlier ri ting, Council Member Lyden requested building C be left as General Bus': ess '9 se -as a buffer. He noted that the clinic site was approved in July, 1996. The DistY3 2 A ng plan was approved in June, 1997. 4 1 Mr. Powell stat ' denting building C would raise issues concerning a joint access with the clinic or bui s /D. It is more efficient and cost effective to put in utilities all at the same time. Draii4igge would also be a concern relation to segmenting building C. Mr. Smyser stated he is very leery against the practice of splitting the lot with a zoning line. If the lot were segmented, a small area would be left that will be hard to develop. He stated that he does not believe the intensity of the difference in zoning between General Business and Light Industrial is large enough. Mr. Smyser read a passage from the Zoning Ordinance regarding the health hazards, traffic, noise, glare, fumes, and hazardous materials. He noted that parking could be an issue. However, retail parking requires more parking stalls than industrial. Ms. Divine stated that from an economic development perspective staff is concerned that both the clinic and Mr. Fogerty are successful. She stated that the compromise of removing building C is not a large enough benefit to the clinic. If building C is segmented,the area would be opened up to truck traffic. She stated Mr. Fogerty's buildings are very nice looking and quiet. 14 COUNCIL MINUTES APRIL 12, 1999 She advised that commercial use would be difficult to develop. The potential uses in General Business could cause more of a problem to the clinic that Light Industrial. Ms. Deb Lawrence, a representative from HealthPartners, came forward and stated that she understands development is important to the City. She stated development is also important to the clinic. When the site was chosen,the property was zoned General Business. The clinic had a high standard of criteria to base their site on. The criteria included visibility,traffic, and zoning. She stated she was unaware a zoning change in the Comprehensive Plan would happen. She asked the Council deny the request for a rezone. Mr. Pat Courneya, President of North Suburban Family Physicians, stated he appreciates the time the Council has given them for this discussion. Lino Lakes is in the middle of a very challenging and exciting time. He stated that when the clinic moved to its current location, consideration regarding visibility and the perception of its patients was given. It was envisioned that the clinic would be in the middle of a business park. Being next to light industrial G t with that perception. There are many different types of light industrial uses, se` ch cue bad fumes. He added that the clinic's patients have the right to come to a pl atja s"' erceived to be safe. He asked the Council deny the request for a rezone Mr. Fritz Johnson, President of the Chamber of Commerce,ntatd there is the perception that the clinic being next to a light industrial zone would:not b,&,attractive to patients. The proposed buildings are very attractive. He stated he does riot believe that is an issue. He stated that he occupies one of Mr. Fogerty's buildings.arid tlaeye very nice. He stated that he supports the rezone. The project would create a 371/4 increase,m property tax revenue which would go a long way in achieving the desired 15° tbasE Mr Eogerty's buildings have quality occupants and can attract companies that 11 approximately 200 people. Some of the best opportunities come h : e. He asked the Council to approve the rezone because it will benefit the City,clime= evelo dent. Mr. Curt Marti tentative for Fogerty Investments, stated the planned development is a good transitio e s ted it will be a benefit to Lino Lakes and is a natural stepping stone. He stated that prior t Mr. Fogerty's request,he believed that the Comprehensive Plan called for Light Industrial on that property. The City put the property in a TIF District. Mr. Fogerty has made every attempt to resolve the clinic's and City's concerns. Mr. Martinson continued stating the traffic concern as been resolved because the shared access has been eliminated. Mr. Fogerty is willing to reduce any perceived noise by landscaping and a fence. The design of the buildings call for the front to focus towards the boundary. All the truck traffic will be on the inside of the lot. The parking lot will be between the front of building C and the clinic. He added that it is quite apparent that the property was meant to be Light Industrial in the long term. The plan has been supported by the Planning and Zoning Board. The project has been designed to eliminate the concerns of the clinic. He stated the existing projects n of Mr. Fogerty's speak for themselves. The project would create over 300 jobs and generate $170,000 in real estate taxes. He asked the Council for their support. 15 COUNCIL MINUTES APRIL 12, 1999 Mr. Fogerty, Fogerty Investments, stated he is willing to provide a$30,000 letter of credit for the screening and buffering of building C. Council Member Neal asked if the property had originally been rezoned. Ms. Wyland stated it was not a rezone. The clinic required a site plan review and conditional use permit. Council Member Lyden stated that in the long term 35W and Lake Drive was meant to be a commercial interchange. It will be that way for a long time. Commercial development in that area should be maximized. Light Industrial can be placed anywhere. The interchange should be a place for people to shop, eat, bank, see the doctor, and go to the YMCA. He stated that families do not need to dodge semi's to get to this area. The primary responsibility of the Council is to the people of the community. The people that are here now. The clinic was told the area would be General Business. The City should keep its word. Council Member Bergeson discussed the distance between Lake Drive a ��he ` ,. If the Light Industrial border were changed, it would be as far from Lake Drive Ott H previbUsly been. If the rezone is approved,Light Industrial is only being moved up o °lot A veway can identify who you are. He suggested relocating the clinic's driveway t` , otend s t may more closely identify them with the businesses around the interchange. Mayor Sullivan stated that as a new patient of the Clmic�he does not believe being near Light Industrial is a problem. The City ordinances are such that additional noise and emissions are not an issue. The City also has an ordinance to take care o€::the appearance of the building. She stated it is a good transition. The wayylbe proposed building is set and sized it provides protection. She stated she has mob6i concern regarding a single building. ,Al OR- Mr. Wessel suggeste e ib of tabling the item until the developer and the clinic have reached a compromis wing Ai buffer. Mayor Sul IV temoving one building and changing the buffer to 400 feet changes the project. Shea f, cated that would be the same as not allowing all four(4)buildings. � . Council Member Dahl asked why the property is not going to be subdivided now. Mr. Smyser explained it will not be subdivided now because of the legal requirements regarding utility lines going across the property. He stated too much time and expense would be needed to subdivide at this time. Council Member Dahl stated that in the past developers and residents have come to agreements before coming to the Council. That process allows for a win/win situation. She asked if Mr. Fogerty currently owns the property. Mr. Fogerty stated his time frame regarding the project was up a month ago. He indicated he has tried to reach an agreement with the clinic but they will not work with him because they are �. opposed to the rezone. 16 COUNCIL MINUTES APRIL 12, 1999 Council Member Neal asked if any information regarding the rezone was sent to the clinic. Ms. Lawrence stated they were not notified about the Planning and Zoning meeting. A notice was received two (2) days after the meeting. A correction has been made to their mailing address. She stated the clinic wants to be a good neighbor. However, the parcel would be better served by being zoned General Business. She stated the intention regarding their site was to better serve their patients by being off of Main Street but still be centrally located. She added that the clinic thought they were in the same mind set as the City regarding the surrounding development. Mr. Smyser noted that the notice was mailed to the clinic in the appropriate time frame. The notice took a while to file down to the clinic from the corporate office. This problem has since been corrected. Mr. Fogerty stated he cannot change one building. The plan has beef changed many times and a lot of dollars have been spent to get to this point. He noted that staff has bey'cooperative and worked hard. He has a time frame regarding the tenants fir th `"b There is no guarantee he can lease the rest of the building. He noted@that ies i en l Business could allow an adult video store. The proposed tenants fpr e fit:buding are a German manufacturing company. Council Member Lyden moved to table the re�orerom general Business to Planned Development Overlay. Council Meni Q A seconded the motion. Council Member Lyden statedV ose tabling the item is that the City is providing a PDO and tax increment f promise regarding the issues can be found. Mayor Sulliv - d th dinic is opposed to the rezone completely. Mr. Smyser adv`1 tha`a decision has to be made tonight unless Mr. Fogerty would agree to an extension. Mr. Hawkins added that if the item is tabled tonight, it is automatically approved. Council Member Lyden withdrew the motion. Council Member Dahl withdrew the second. Council Member Lyden moved to rezone lot 1 and 2 only. Council Member Dahl seconded the motion. Council Member Bergeson noted that without building C you would view the docks and truck traffic. 17 COUNCIL MINUTES APRIL 12, 1999 Motion failed with Council Members Bergeson,Neal, and Mayor Sullivan voting no. Council Member Bergeson moved to approve the rezoning from General Business to Planned Development Overlay based on the following: 1. Only uses that are permitted uses in an LI zoning district will be part of this PDO. 2. A new landscaping plan, which includes significant screening along the clinic property boundary,must be submitted and obtain approval from City staff. 3. A lighting plan must be submitted and obtain approval from City staff. 4. Trash areas must be screened. Plans for the fencing or walls must be submitted and approved by appropriate city staff before building permits are issued 5. A minimum of 20%of the site shall be green space. 6. Prior to issuance of building permits, building and hgh plans mint be reviewed by the City CSO for CEPTED review. x 7. Any signage shall conform to the sign ordinance and proper permits obtained. obtained prior to any construction and 1% of the 8. Proper building permits mustbe construction costs must be putcrpw to insure completion of all site improvements. 9. All permits hRiceCreek Watershed District shall be obtained prior to any site grade �; 10. Ut��tty, ra an drainage plans must obtain approval from the City Engineer. 11. The r ing ea shall be paved with curb and gutter and construction plans must obtain ap oval from the City Engineer. 12. Park dedication fee shall be required as described by City regulations. 13. All comments from the City Engineer in memo dated March 4, 1999, must be addressed to the satisfaction of the City Engineer. 14. Roof mechanical equipment must be screened visually and for noise. 15. A new access to Apollo Drive must be obtained on the south side of the property and the existing driveway access to the PDO site must be closed off so that there is no longer a shared access with the clinic property to the north. 16. Staff meets with representatives of Fogerty and the clinic to resolve concerns. 18 COUNCIL MINUTES APRIL 12, 1999 17. A time limit and financial guarantee must apply to the construction of any building foundation if the building will not be constructed immediately. 18. Existing driveway access to site reconstructed to eliminate shared access. Costs shall be borne by the PDO rezoning applicant. 19. Green space between buildings B and C to be opened up to provide for vehicle circulation. 20. Eliminate the 16 parking stalls on the north end of the site to make more space available for screening as described below. 21. The developer will work with the clinic on the design of the buffer area to suit the clinic. ENE 22. New plan drawing to include data of square footage totaa of e sce and showing green space shaded. A minimum of 20%of the si spaee` 23. Plan for screening of roof mechanicals Sound 24. A preliminary and final shall be subnutted for=review through the normal subdivison process when applicant wants to;snbdxviclehe property. 25. No outside storage AQ 26. Improve two a eway to the clinic so that the driveway be relocated to wherever the c: nclu it is the best place for it. The developer will pay the relocate t. 27. Thed;veloper will work with the clinic on the design of the buffer area. Mayor Sullivan seconded the motion. Mr. Fogerty suggested he place a$30,000 letter of credit with the City so the City may work with the clinic to decide what type of buffering is desired. Mr. Hawkins advised that the City may dictate what type of buffering will be required. Mayor Sullivan noted that if the application is denied, it may not come before Council again for one year. Council Member Lyden asked about the amount of land to be buffered on the north side. Mr. Smyser stated because it is a PDO,the City can determine the amount of land to be buffered. 19 COUNCIL MINUTES APRIL 12, 1999 Council Member Lyden stated proper buffers are important. He indicated he does not feel that $30,000 is adequate. He asked the authors of the motion to waive the one year requirement regarding future consideration. Council Member Bergeson stated that it could be reactivating the previous motion if the waiver regarding the one year time limit is added. Motion carried with Council Member Lyden voting no. Mayor Sullivan called for a short recess at 11:10 p.m. Mayor Sullivan reconvened the meeting at 11:20 p.m. Council Member Bergeson moved to approve the combined preliminary and feral development plan as presented. Council Member Neal seconded the motion. Motion cedth Council Member Lyden voting no. Consideration of Surfside Addition, Final Plat,Mary Kay��Vy1„ Ms and advised a Preliminary Plat/PDO/Rezone was approved for the Surfside di h August, 1997. The plat created five (5) R-IX Lots with a PDO that allowed a,50' ide hint taxiway and the ability for each lot to construct a 2,400 square foot seaplane hanger ,The plat also provided two (2) outlots which were to be attached to the existing se a ,base Property. Mr. Hanson has completed his Declaratan o Covenants, Conditions and Restrictions and they have been reviewed, along with title cornmrtmeiit,by the City Attorney and found to be adequate. A DevelopmejA- has been signed and financial guarantees posted for the utility extension. Gr , ` g ompleted on a per lot basis as described in the development agreement. see Staff recomme 1 of the Final Plat for the Surfside Addition with the condition that Outlots A and B 'com ined with Parcel No. 20-31-22-23-0010 to insure that they remain one parcel. Mayor Sullivan inquired about the reason for Exception A and the location of the runway. Ms. Wyland advised that Exception A is a piece of property that is not part of this plat. Ms. Wyland referred to the map indicated the location of the runway. She stated the easement for the taxiway are already taken care of. Ms. Wyland added that boulevard trees will be planted. The wires will be coming down and be buried. Council Member Lyden moved to approve the Final Plat with the condition that Outlots A and B are combined with parcel 20-331-22-23-0010. Council Member Neal seconded the motion. Motion carried unanimously. 20 COUNCIL MINUTES APRIL 12, 1999 Resolution No. 99 -24,Proclaiming April 24, 1999,Earth Day,Marty Asleson -Mr. Asleson stated the City of Lino Lakes is celebrating Earth Day this year on Saturday, April 24, 1999. The Quad City Earth Day Celebration and ceremony will be held at the Joseph E. Wargo Nature Center at 11:30 a.m. Following the ceremony,there will be entertainment, food, environmental education exhibits, interactive activities, and lots of fun. Council Member Bergeson moved to adopt Resolution No. 99 - 24, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 -24 can be found at the end of these minutes. PROCLAMATION, Proclaiming May 21, 1999, as Lino Lakes Arbor Day-Mr. Asleson referred to the Arbor Day Proclamation for 1999, which establishes Friday, !21, 1999 as Lino Lakes Arbor Day. *'' Council Member Dahl moved to establish Friday, May 21, 1999 l i Ldk �, or Day by the presented proclamation. Council Member Bergeson sec onte sT} ohon otion carried unanimously. Consideration of Approval of Anoka County Solid Waste Agreement,Marty Asleson- Mr. Asleson advised the City receives SCORE,fund�,each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs.: Cities using SCORE funds alloc� y ka Criunty are required to enter into a cooperative agreement with the Coun -,. Council Member D to a oved Anoka County Contract#900260-9/Agreement for Residential Re*-uagg P am as presented. Council Member Neal seconded the motion. Motion carried us Consideration esolution No.99-23,Award Bid for the Audio/Video Equipment at the Civic Complex,Mary Divine-Ms. Divine stated bids were accepted for audio visual equipment for the new City Hall on Friday, April 2, 1999. The City's audio visual consultant suggested the City line item the equipment,then select one bidder for installation of the equipment. Alpha Video was the low bidder for installation. The cost for the equipment and installation is $26,035.70. The project budget was $28,000. Council Member Neal stated the current audio system has a terrible noise when watching the meeting on the television. He suggested the City make sure the new equipment works satisfactorily before the equipment is paid for. n Council Member Lyden moved to adopt Resolution No. 99 - 23, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. 21 COUNCIL MINUTES APRIL 12, 1999 Resolution No. 99 - 23 can be found at the end of these minutes. Consideration for Approval of a Commercial Appraisal for a Retail Site on Lake Drive, Brian Wessel-Mr. Wessel stated this contract is for a professional service to provide an appraisal of the 4-acre site on Lake Drive. The cost of the appraisal is$1,500. Council Member Dahl moved to approve the contract with Patchin Messner Appraisals. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration of Settlement of Ed Vaughan Litigation,Bill Hawkins,7,,;,"' .1 ii k i n s requested authorization for the disbursement of additional funds in t40-. t ofa"" 20,000 payable to Mr. Vaughan. Council Member Neal moved to approve the disbursement of tddrt zeal funds in the amount of $120,000,payable to Mr. Vaughan. Council Memb r Dahl"`seccuaded the motion. Motion carried unanimously. NEW BUSINESS " u z Consideration of Minutes, Se iffie ber 1,1 1995 O2egular Council Meeting(Mayor Sullivan, Council Member Lyde d }a 4 ere bt Members of the Council) -Council Member Neal moved to approve theme"_€LL ' e , 1995, Regular Council Meeting minutes, as presented. Council Member Ber cones the motion. Motion carried unanimously. Consideration ; ut a eptember 9, 1998,Work Session Minutes (Council Member Neal was Abse or Sullivan moved to table the September 9, 1998, Work Session minutes until the ext Council meeting. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Minutes,November 14, 1998, Special Council Meeting to Interview Candidates for City Administrator Position -Mayor Sullivan moved to table the November 14, 1998, Special Council Meeting minutes until the next Council meeting. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Minutes,March 2, 1999, Special Council Meeting-Mayor Sullivan moved to table the March 2, 1999, Special Council Meeting minutes until the next Council meeting. Council Member Bergeson seconded the motion. Motion carried unanimously. Discussion regarding LaMotte Drive-Council Member Neal stated there is a meeting Thursday, April 15, 1999,regarding the trail connection from LaMotte Park and the Regional 22 COUNCIL MINUTES APRIL 12, 1999 n County Park. He indicated the City of Centerville is proposing the development of trails behind the homes of Lino Lakes residents. Mr. DeGardner added that residents are invited to the meeting. Concerns regarding privacy and buffering have been raised. The property is owned by St. Paul Utility and the County. Mr. Hawkins advised that he has prepared a Land Purchase Option agreement regarding the Police Department's site. He distributed copies for Council Members to review. The issue will be discussed at the next Council work session. COMMUNITY CALENDAR FOR APRIL 13 , 1999 THROUGH APRIL 26, 1999 Planning and Zoning Board,Wednesday,April 14, 1999,6:30 p.m. lk City Council Finance Work Session,Monday,April 19, 1999,5:30 Annual Board of Review,Monday,April 19, 1999,6:30 p.10. Council Work Session,Wednesday,April 21, 1999,S 30,,p n :- .E, n Coffee with the Mayor,Friday,April 23,1999,'7:30 a.tiu. Earth Day- City Auction, Saturday,April 24 1999' - ADJOURN There being no m ess, Mayor Sullivan adjourned the meeting at 11:43 p.m. There were no objection: These minutes were considered and approved at the regular Council Meeting, May 10, 1999. le . Viger, Deputy Clerk be y A ivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 23 Council Member Lyden introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 99-15 A RESOLUTION ACCEPTING DONATION FROM THE CIRCLE-LEX LIONS CLUB, FOR THE PURCHASE OF A PARTY WAGON. WHEREAS, The Lino Lakes Parks and Recreation Department was sought out by the Circle- Lex Lions Club to investigate the possibility of purchasing and operating a community party wagon; and WHEREAS, The community party wagon will be available for persons to reserve; and have it delivered for block parties;and WHEREAS, The Circle-Lex Lions Club donated$10,945.00 to purchase the community party wagon and all its contents. NOW THEREFORE,BE IT RESOLVED,that the City Council of Lino Lakes hereby accepts the donation of$10,945.00 to purchase the community party wagon for block parties and wishes to express its sincere gratitude and appreciation to the Circle-Lex Lions Club for its support and donation for this program. Ap 1 Adopted by the Lino Lakes City Council this 12th day o 999 er S'AYI an,Mayor J M. Viger, Depu Cler The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal & Sullivan The following voted against same: none sw/sandie/resolution 99-15 Party Wagon.doc `� Council member Bergeson introduced the following resolution and moved its adoption: City Of Lino Lakes Resolution 99-22 RESOLUTION AUTHORIZING THE TRANSFER OF MONIES FROM THE GENERAL FUND TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, dollars were budgeted for a Natural Resource Inventory Study in 1998, and WHEREAS, a portion of the study was financed with Community Development Block Grant dollars ($8,216.00), and WHEREAS, these costs were paid from the C.D.B.G. Fund, and WHEREAS, other unfunded costs total $1,211.50. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized effective December 31, 1998: Increase Decrease C.D.B.G Fund (402) $9,427.50 General Fund (101) $9,427.50 Adopted by the City Council of Lino Lakes this 12th of A ril, 999. i Kink erl S i n, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Neal And upon vote taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal & Sullivan The following voted against same: none Where upon said resolution was declared duly passed and adopted: Council Member Dahl introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. AN ORDINANCE AUTHORIZING THE EXCHANGE OF LAND BY THE CITY OF LINO LAKES WITH JAMES J. AND TRACEY M. DOUGLAS The City Council of Lino Lakes, Anoka County, Minnesota does ordains: I. The real property described in Exhibit A hereto is presently owned by the City of Lino Lakes. The City Council of the City has determined that the property is no longer needed by the City for any public purpose. II The real property described in Exhibit B herein is owned by James J. Douglas and Tracey M. Douglas. Such property is needed for public drainage purposes by the City of Lino Lakes. That James J. Douglas and Tracey M. Douglas have agreed to exchange the property described on Exhibit B for the property owned by the City described on Exhibit A. III. The Mayor and the City Clerk-Treasurer are hereby authorized and directed to execute such deeds and other documents as may be necessary in order to exchange the properties described herein. IV. This ordinance shall be in full force and effect fro an after 30 days following its passage and publication, in a or anc with section 3.09 of the City Charter. Ki er Ilivan, Mayor ATTEST: The motion for adoption of the foregoing ordinance was duly seconded by council member Neal and upon a vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on March 22 , 1999 Second Reading Approved on April 12 , 1999 Published in the official newspaper on r,\ , 1999 Council Member Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 06-99 AN ORDINANCE VACATING ROADWAY, UTILITY AND OTHER EASEMENTS ORIGINALLY PLATTED AS A PART OF THE ARBORLAKE PLAT The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I That it is in the best interest of the City and the Residents of the Otter Bay plat to vacation all roadway,utility, and other easements platted with the old Arborlake Plat II That the City held a Public Hearing before the City Council on March 22, 1999 after due published and posted notice had been given on March 2nd, 1999 and March 9th, 1999 and all persons interested were given an opportunity to be heard. III This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Counccl of the Ci ' L s 22,1id day of March, 1999. er A van, Mayor ATTEST: The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Widen and upon vote being taken thereon,the following voted in favor: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none CITY OF LINO LAKES RESOLUTION NO. 99 - 24 A Earth Day Resolution City of Lino Lakes 1999 We, the residents of Lino Lakes, do hereby support and celebrate Earth Day 1999 in the Quad Cities, Whereas, the protection and preservation of the environment benefits all people, Whereas, the preservation of natural resources ensures the health and happiness of generations to come, Whereas, living a sustainable lifestyle helps maintain species diversity in all kingdoms of life, Whereas clean air, pure water, and rich topsoil are necessary for continuing life systems, Whereas, celebrating community promotes a safe, productive and vibrant place to live, Whereas, Earth Day is celebrated nationally on April 22rd, Let it therefore be resolved that Saturday, April 24th 1998 be designated Quad Cities Earth Day 1999 for the Cities of ' o Lakes, Centerville, Circle Pines, and Lexington. r Counc' Member tuber Councilber Co 11 Me e Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-23 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR COUNCIL CHAMBER AUDIO VISUAL EQUIPMENT, CIVIC COMPLEX WHEREAS,pursuant to an advertisement for bids for audio visual equipment for the Civic Complex;bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement; Name: Total Bid Tierney Brothers $38,193.35 Alpha Video and Audio $24,438.28 Graybow Communications Group $26,912.15 EPA $26,719.00 AND WHEREAS,the city requested line item bids to provide for the selection of equipment on a line item basis;the following lowest responsible bidders were selected: Name: Amount of Low Bid Alpha Video and Audio $11,116.91 7711 Computer Ave. Edian,MN 55435 Graybow Communications Group $11,351.79 5340 Cedar Lake Road St. Louis Park, MN 55416 EPA $3,567.00 P.O. Box 40 Rockford,MN 55373 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: �. 1. The Mayor and City Clerk are hereby authorized and directed to enter into the contracts in the name of the City of Lino Lakes for the Civic Complex, according to the plans and specifications therefore approved by the City Council and on file at Lino Lakes City Hall. Ad pted by t e uncil of the City of Lino Lakes this 12th day of April, 1999. erly 'van, Mayor Clu b" _j - Jean M. Viger,D uty Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon,the following voted in favor thereof: Bergeson,Dahl, Lyden, Neal, Sullivan The following voted against same: Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on April 12, 1999. M .�) W* Jean M. Viger, eputy Clerk 04/06/1999 19:24 612-781-1456 AVTS PAGE 02 Lino Lakes Council Chamber AN Equipment Order Jeff Volk Alpha Video and Audio 7711 Computer Avenue Edina, Minnesota 55435 Please order the following list of equipment. Equipment/Description Model Qty Price ea Ext Price PELCO LENS CONTROLLER MLZ6DT 1 $200.00 $200.00 KNOX 8 X 8 VIDEO ROUTER KNOX 8X8 1 $1,250.00 $1,250.00 PANASONIC B&W 3X5 MONITOR WVBM 503 1 $1,050.00 $1,050.00 KRAMER RACK MOUNTS MS-50R 1 $66.00 $66.00 WINSTEAD 70" VERTICAL RACKS 90020 2 $559.00 $1,118.00 WINSTEAD FLAT SHELVES 86088 10 $31.00 $310.00 WINSTEAD POWER STRIPS 98700 2 $55.00 $110.00 WINSTEAD SCREWS G8103 1 $50.00 $50.00 WINSTEAD RACK CASTERS 88240 2 $87.00 $174.00 �.. TOA 8" CEILING SPEAKERS PC-671 R 20 $26.00 $520.00 Misc. Cables, Connectors, Etc. 1 $565.00 $565.00 FREIGHT $0.00 SALES TAX $378.91 EQUIPMENT_TOTALS $5791.91; INSTALLATION LABOR $5,325.00 PROJECT TOTAL $11,116.91 Deliver to: City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014 Attn: Dan Tesch 04/06,01999 19:24 612-781-1456 AVTS PAGE 03 Lino Lakes Council Chamber AN Equipment Order Wendy Weiss Ackerman Graybow Communications Group 5340 Cedar Lake Road St. Louis Park, Minnesota 55416 Please order the following list of equipment. Equipment/Description Model Qty Price ea Ext Price JVC COLOR CAMERA TKG-138OU 1 $675.00 $675.00 BITRONICS 24 VAC TRANSFORMER BIT PW 2440 1 $9.25 $9.25 MACKIE AUDIO MIXER 1402 VLZ 1 $447.50 $447.50 CROWN AUDIO AMPLIFIER D75 1 $459.90 $459.90 KRAMER VIDEO DA MS-50VN 1 $350.00 $350.00 KRAMER AUDIO DA MS-50A _ _ 1 $350.00 $350.00 /44DIO TECHNICA MICROPHONES 'AT915QMRx/C ; 10 $192.50 $1,925.00 JNY 9" MONITORS ~KV-9PT50 10 $269.00 $2,690.00 JVC 36" MONITORS AV36 0020 2 $921.75 $1,843.50 PEERLESS JUMBO MOUNTS JMC 660-ST 2 $103.00 $206.00 TANNOY SPEAKERS CPA 5 6 $214.00 $1,284.00 DELTASCAN VGA INTERFACE DS-200 1 $369.00 $369.00 FREIGHT $0.00 SALES TAX $742.64 EQUIPMENT TOTALS FfiI351.79 'Change in Model ?Change in Quantity Deliver to: City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014 Attn: Dan Tesch 04/0.6h999 19: 24 612-781-1456 AVTS PAGE 04 Lino Lakes Council Chamber AN Equipment Order Bob Witschen EPA P.O. Box 40 Rockford, Minnesota 55373 Please order the following list of equipment. Equipment/Description Model Qty Price ea Ext Price RAINBOW LENS H 16 X 6.5 M 1 $2,496.00 $2,496.00 RANE AUDIO EQUALIZER ME 30 B 1= $344.00 $688.00 QUAM SPEAKER ENCLOSURES ERD8 20 $5.00 $100.00 EQ SECURITY COVER SC-1-7 $25.00 $50.00 FREIGHT $0.00 �.. SALES TAX _ $233.00 EQUIPMENT TOTALS �_ $3,567.00 Chan a in Quanti Deliver to: City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014 Attn: Dan Tesch ^ STATE OF THE CITY - 1999 Good evening. I begin my report to you tonight with a question. Is Lino Lakes a great place by fate or intent? I will share evidence with you tonight that I believe will convince you that we are a city of intent. We are a city that is planning our way to the future. I'd like to introduce you to the.people who are responsible for managing our plan. Aside from myself, your council consists of Councilmembers Andy Neal, Caroline Dahl, Chris Lyden and John Bergeson. The staff management team is headed up ^ by Linda Waite Smith, City Administrator, Rick DeGardner, Director of Public Service, Dan Tesch, Director of Administration, Dave Pecchia, Director of Public Safety, and Brian Wessel, Director of Community Development. Dave Pecchia should also be recognized as our interim city administrator, who carried us through the year I will soon discuss with you. Thank you all for your leadership this past year. I also send thanks to the rest of staff, who don't receive name recognition here, but who are and have been key to the successes of the year. Overall, as a council and city, we have been successful, if somewhat slow in our accomplishments this year. We faced big obstacles such as tornadoes, financial irregularities, and management changes. But we have `weathered' those changes successfully. We have begun our trek to establish genuine oversight and sound In order for the city to achieve that balance, the council must set the standard for leadership. We must set the example for working together to achieve consensus on issues, making decisions and moving ahead. We must be clear in our directions. Our indecision and lack of consensus is costly to the citizens. It is time consuming, and it is confusing to staff. It divides a community we are trying to build. This year, Council must improve our commitment to finding consensus and moving ahead. On the side of success, Council is improving our evaluation of projects. We're asking more questions about the impact of projects on a larger scale. Every project starts with staff, and with Linda's assistance, staff is beginning to recognize and document standard processes and council's need for additional information. These processes will provide consistent guidelines for activities within the city. Consistent treatment and identified outcomes helps us measure success. Success will be measured by balance. Communications Communications is the second cornerstone - and it's a tough nut to crack in Lino Lakes. First there's the issue of the amount of activity which creates information to be shared. Second, there's a question of how we make information available. Last, there's a question of how to get citizens to notice the information that is communicated. We've made changes in several areas to reach as many people as possible. 3 Citizen Participation The last cornerstone is citizen participation. The most important thing about citizen participation is that it's voluntary. We cannot make citizens become involved. What we can and must do, however, is continue to provide you with OPPORTUNITIES to become involved. We announce these opportunities in the Quad Press and through the city newsletter. This year, we offered participation through task forces, steering committees, advisory boards, neighborhood meetings, and very unique ways through the Vision Bus Tour, Mayor's Coffees, and Roundtables. We continue to encourage citizens to contact council members by phone, attend the work session or council meetings. These are opportunities for citizens to become involved in planning our future. Let's take a look at the department successes and plans-for the future. ADMINISTRATION - Director, Dan Tesch Administration, Finance, Human Resources Finances in Lino Lakes are in FINE SHAPE. In 1998, our bond rating went up to (A-3). We received for the Yd time a Certificate of Achievement in Financial reporting which recognized our reporting according to established standards. 5 anticipate future commercial and industrial development will also,for a time, offset decreases in residential permits. 3. We must maintain our improved bond rate by managing our cash reserves and investments. 4. We initiated a road reconstruction fund this year, but we must improve our planning for aging infrastructure replacement. We cannot overlook the needs of existing residents as we move to the future. 5. We must continue to develop revenue sources besides taxes. 6. We must continue to look for project partners and grants to keep costs down. ADMINISTRATIONMUMAN RESOURCES 1) Union a) In partnership with Local 49 a labor contract was successfully negotiated. b) Lino Lakes Management Association Union was disbanded c) AFSCME was initiated 2) Pay Equity standards were met 3) Legwork for staffing changes and reorganization: ■ Linda Waite Smith, City Administrator 7 As for the Public Works department, the weather has not been kind. Staff has been busy sanding and salting for icing conditions, and this last big snowfall had them out with the plows starting at 3 AM. We promoted a staff member to Water Utility supervisor this year, and approved a plan to begin replacement of aging water meters with electronic metering devices. This project is a good one to highlight because it also was the first to establish a new level of fiscal responsibility, by developing a cost-benefit analysis similar to what will be required on all future projects in the city. One big future project for this department is coordination with Anoka County in the development of the Master Plan for the Regional Park Reserve. The Reserve effectively divides our city in two, and takes up 50% of our land mass. It will remain 80% undeveloped -just as you see it today. Of the remaining 20%, 12% will occur in the existing developed areas, and the remaining 8% will be developed as trails throughout the park. The County continues to work closely with the city to establish connections between the city and county parks. Thanks to the efforts of the 2020 Vision Parks and Recreation group, the County moved an east-west corridor through the park to the top of the county's project list. The County , John VonDeLinde, obtained $1.6 million in grant money from the State to complete that corridor over the next year. We expect that the connection from Town Center into the park will also happen as a result of that grant. 9 identifying the right types of residential uses for this area, and the types of businesses that will prosper in this location. A special success story for Town Center in Lino Lakes is approval of the YMCA. Improved analysis makes economic development evaluations more thorough, and helps council base our decision on a contribution to the overall balance in Lino Lakes. The YMCA was a project recommended in the 2020 Vision, supported by the Quality of Life Survey and various marketing surveys. The Y was important as well because of its impact on economic development. We expect the Y will help draw a customer base for the rest of Town Center. We were able to bring the Y in at a tax cost to the citizens of approximately $ 22/HH a year for 3-5 years. We expect that the offsetting tax revenues from the additional commercial development will start coming in within 3-5 years. What's different than before is that we close the loop in this planning effort. We invested in the future, but we know when we expect that investment to start paying off, and will watch for it. THE TOWN CENTER IS ONE QUALITY PROJECT for the citizens of Lino Lakes. It's interesting to note that when the Economic Development Department was organized about 6 years ago, their costs were limited to 4% of the city's overall operating budget. Today, their costs are approximately 3.5% They are the only department for which we track expenditures to revenues as a department. For an investment equalling 3.5% of the budget, we expect economic development revenues to continue to expand by $8 million per year for the next 5 years. EXCELLENT RETURN ON INVESTMENT. 11 ti s this department this year were clean-up and reforestation after the tornado and storm, and initiating the Environmental Inventory and Management Plan. The idea for our environmental plan, department and board was the brainchild of the 2020 Vision Environmental group. The environmental plan will be the underpinning of our entire preservation development process. It identifies a greenway through the city which will preserve open space that is environmentally precious to our community. This greenway provides buffers and accesses to the Anoka County Park System. This plan ensures appropriate ecological input into our city's decision making process. This plan is an essential part of the Comprehensive Plan that has been submitted to the Metropolitan Council. We expect to receive the first draft of our environmental plan this week. There will be a process of public review and comment before it is brought to council in early summer. PUBLIC SAFETY- Director, Dave Pecchia Fire, Building Inspections, Police Fire services are provided by the Centennial Fire Department, Chief Milo Bennett, presiding. Lino Lakes' fire calls have increased 30% since 1994, and are made up of 55% medical and 45% fire. Chief Bennett has indicated that he is able to continue to operate into next year at the same expenditure per household rate, and expects to maintain the same service and staffing levels to provide this service. 13 Future activities include the establishment of measures of success for the community policing program, a new police substation at the CCCC during the Is' quarter of 1999, and development of a customer service questionnaire. Most importantly, the Police Department is responsible for the success of the city's Y2K project this year. This includes developing emergency preparedness plans for the city, helping citizens with personal preparation by providing information and increasing communication about these issues. Last but not least, how about an update on the COMPREHENSIVE PLAN? I talked earlier about finding a balance in Lino Lakes. This is a balance between the types of development we have in the city, commercial, industrial, residential and open space. This balance means finding and developing the right tax base, tax rates and land uses to support them. The Comprehensive Plan which was sent to the Met Council in December reflects what was identified as the right balance for Lino Lakes by a group of citizens, working with staff and consultants - the plan balances the types and amounts of land use that will support a moderate rate of growth for our city. A moderate growth rate is based on the following items: In the year-2020, the city will have: • a population of 20,500 • 7,575 housing units • 41% or less of the city available for urban sewer and water services 15 BOARD OF REVIEW APRIL 19, 1999 CITY OF LINO LAKES MINUTES DATE April 19, 1999 TIME STARTED 6:30 p.m. TIME ENDED 7:14 p.m. MEMBERS PRESENT Council Members Bergeson,Dahl,Neal and Mayor Sullivan MEMBERS ABSENT Council Member Lyden Staff members present: City Administrator, Linda Waite Smith and Clerk-Treasurer Marilyn Anderson. The purpose of the meeting was to conduct the Board of Review ddh �r r Mr. Todd Smith, Anoka County Residential Assessor introduced hunsel~ nd llir. Bruce Munneke,Anoka County Commercial and Industrial Apppsor.Ty ha a prepared the 1999 appraisal (valuation) of all parcels of property" in Lino Lakes for the property taxes payable in the year 2000. The purpose of the meeting was to discuss property values with property owners in Lino Lakes who feel that> a6ir proper[=was not properly valued. Mr. Smith distributed an outline of the'u-999"aessment/payable 2000 and answered questions from the Council. A ' Mr. Munneke explai tfio Lakes is in a growth period and because of this there has been a subs lease land values. He noted that he reviews all of the commercial and in prorties each year. �j David Hen birch Street-Mr. Henschel explained that the property value of his property-, s increase $5,400 and asked what justified the increase. Mr. Smith explained th . Ed Thurston,Anoka County Assessor makes adjustments to land values each year. His decision is based on sales of both raw and improved land throughout the County. Mr. Smith explained that structure values usually increase between 2%and 3%each year. He bases his appraisal on sales in the immediate area. He noted that since Mr. Henschel's property is located on Birch Street,the value is somewhat lower than the value of like properties in the same area but located off of Birch Street . The difference in property values is due to the busy, noisy street. After further discussion, Mr. Henschel said he was satisfied with this explanation. n Glenn Rehbein/Mike Winge,PIN. 08-31-22-44-0004 -Mr. Rehbein and Mr. Winge questioned the value placed on the property that they own on the northeast corner of the I- PAGE 1 BOARD OF REVIEW APRIL 19, 1999 35W/Lake Drive intersection. They noted that the value increased from approximately $402,000 to approximately $4,020,000. They felt the increase was unreasonable since the land is vacant. Mr. Munneke explained that his appraisal was based on a purchase agreement he had received. Although he felt that the purchase agreement was unreasonable, it was a viable document. Mr. Rehbein explained that the sale of the property did not happen. He also noted that the purchase agreement included improvements to the property not just raw land. Mr. Munneke noted that Mr. Rehbein's attorney did bring additional information on the property to his office this morning. He will be reviewing his appraisal,however, he noted that the original valuation of$402,000 was too low. There will be some increase in value. Mr. Rehbein felt that the City needed to be realistic. He noted that he__cofil w the land and raise a crop such a rye or oats. Mr. Smith explained that the p, pof wou then be valued as agriculture. However, he must also take into consid -1101the clkht the property is zoned for commercial use. Mr. Smith also not th =Sta legislature has mandated that all property be appraised at or close tomarbit,value .: a Mr. Smith explained that if Mr. Rehbein t satisfied with the revaluation, they can appear before the Cou Board of Review. If they are not satisfied with that decision,that can take the matter to'court. Mr. Smith and Mr. Munneke*1,,,ill be in,touch-with Mr. Rehbein and Mr. Winge. They will provide a reporto the Co eil on 'is matter. y� ., Mr. Smith has recel� veraY. lephone calls from Lino Lakes residents questioning the value of th214de, ro e"' After discussions with Mr. Smith or Mr. Munneke,these residents d - thir valuations were correct. Mr. Smith will detail this information in his report Council Member Dahl moved to close the hearing at 7:14 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously. These minutes were considered, corrected and ap roved at a r lar Council meeting held on May 10, 1999. Marilyn G. Anderson, Clerk-Treasurer erl ukpan,Mayor u Printed 4/28/99 PAGE 2 COUNCIL FINANCE WORK SESSION APRIL 19, 1999 CITY OF LINO LAKES MINUTES DATE April 19, 1999 TIME STARTED 5:35 p.m. TIME ENDED 8:27 p.m. MEMBERS PRESENT Council Members Bergeson,Dahl,Neal and Mayor Sullivan MEMBERS ABSENT Council Member Lyden Staff members present: City Administrator, Linda Waite-Smith; Administration Director, Dan Tesch; City Engineer, John Powell; Public Services Director, Rick DeGardner; Public Safety Director,Dave Pecchia; Community Development Dire Wessel ,�;r 5 and Clerk-Treasurer Marilyn Anderson. The purpose of the meeting was to discuss updated financalion�tiirvthe �� .:, $ Council. - The format of this meeting will be the same as�&§-1 st y�rx'The staff will present the information and ask Council what other information 'e Council needs to make good decisions. Staff expects that Council mill want someone from Springsted, Inc. to come and talk about bonding and someo from Eh Ier's and Associates, Inc. to come and talk t : .. about TIF. At the end of this m tini o�calx will be asked to provide direction as to what they would like to h fo�the second,more detailed financial update meeting. The Council will also to , iy have specific guidelines for preparing the budget for next year such as s Co -'I have definite feelings regarding increasing the levy rate. Aft The Counci g n a packet compiled from different sources. STATUS OFVARIOUS FUNDS Pages 1-5 Area and Unit Fund. This Fund is a permanent improvement revolving fund which finances trunk/system wide sewer and water improvements. The funds come from new connections to the system. A presentation has been prepared based on five (5) assumptions and the projections are based on three (3) different housing growth scenarios as outlined in the Comp Plan. The amount of commercial and industrial growth scenarios are the same for each year. The cash balance of this fund is important and was a concern last year because a portion of the balance was used to pay the debt to the City of Shoreview for utility connections. The cash balance as of 12/31/98 indicates that the fund nearly recovered all of the debt that was paid to Shoreview. PAGE 1 COUNCIL FINANCE WORK SESSION APRIL 19, 1999 Staff answered questions from the Council about Pages 1 and 2 of the packet. One question involved the Area and Unit Fund financing land acquisition for the athletic complex. Previously, staff was authorized to negotiate a land purchase with the property owner on the southeast corner of Birch Street and Centerville. If the City did indeed buy the land,the cost of the land purchase would be funded by the Area and Unit Fund. The City would place a referendum on the November, 2000 election ballot. If the referendum failed,the property would still be prime property and the City would be able to sell the land and recover the costs or determine some other method of financing the acquisition. Pages 6-8 Tax Increment Financing(TIF) A letter dated 10/7/98 from Ehlers& Associates, Inc. titled Tax Increment Financing Overview, Mitigating the LGA/HACA Penalty was included in the packet and marked Page 6. The letter indicated that the TIF penalty for 1999 was expected to be$157,000. Staff has contacted Ehler's letting them kno., t Mr. Sulander is no longer employed by the City and that the City wille re ying ott-hem to prepare the TIF report for this year. Staff also will seek their,_, ining how the City should fashion its local contributions and hot th a�might find ways to reduce the penalty. , ti The expected penalty for the year 2000 is $225,00�As o yet this penalty is not funded. The Council will consider using a portion ofthe 1998"General Fund Excess Balance to fund the penalty. �.. Staff stressed the importance�cif3vin ,a representative from Ehler's at the next finance meeting to speak to s eGzc sssues It was noted that b the C incurred the TIF penalties, the City lost its Local Governme: (LGr . FUTURE S AND PROJECTED FUNDING SOURCES JOHN POWELL VP Page 9 Engineering Capital Improvement Program Summary, 1999 -2003 A summary of capital improvement projects that may occur during the period beginning in 1999 through 2003 was presented. A color coded map indicated the location of the projects. There will be no street reconstruction projects in 1999,however a feasibility study is planned to more accurately identify projects for the next three(3)years. An updated presentation more accurately reflecting the current status of the 1999 projects in process will be prepared for Council review. Mr. Powell explained that each proposed project is tested to determine if the project generates adequate Area and Unit Funds to pay the cost of extending services to the PAGE 2 COUNCIL FINANCE WORK SESSION APRIL 19, 1999 proposed project. If it does not generate adequate Area and Unit Funds,the project is denied. Council expressed concern in that some of the financing of the Capital Improvement Program depends on bonding. It appears that although there will be no increase in the coming budgets, bonding will be needed to finance some of the improvements. Staff noted assessments will fund some of the projects but interim financing will be required. The Area and Unit Fund has given the City flexibility in funding sewer and water projects. Unfortunately,the City does not have this flexibility for street improvement projects. Consideration should be given to this idea. It was noted that the Charter Commission wants the City Council to develop a plan to pay for road reconstruction. The meeting was recessed to the Council chambers at 6:35 p.m. to co + u�te bannual Board of Review. y t The Council finance work session was reconvened at 7:26-p m: Page 10 -Economic Development Projects T, Vrllag Development/Phase I - Land projects summary was briefly recapped specifiall oti g the land purchases from Mr. Moln Glenn Rehbein and Mr. Funkhouser and.the balloon payment of$841,226 on those two (2)purchases due in the year 2002 Also notezl;was a major portion of the Village to be developed for a hotel. The sale,of - s,Pro�erty would more than pay the balloon payment and the services needed to supper%the oteT Phase I - Land S a t s d currently available for sale within the Village. The value of these pro as o lined. A summary of the Lino Lakes Economic Development Status ginning in 1991 and projected through the year 2000 was outlined and a s ercial projects was presented. It was noted that the City does not have architectural guidelines in place for development near and around the I-35E/Main Street intersection. Staff explained modified guidelines of the I-35W/Lake Drive intersection will be used. ATHLETIC COMPLEX RICK DEGARDNER Internal funding is planned for the acquisition of land for the athletic complex. Then in the future,probably 2003, a$4,000,000 bond referendum will be placed on the election ballot. If the referendum passes,the internal loan will be repaid and the development of the complex will be started. At that time,there will be further discussion about pursuing additional development of the trail system. If the citizens do not approve the referendum, the land will be sold. PAGE 3 COUNCIL FINANCE WORK SESSION APRIL 19, 1999 Currently staff has outlined a proposal to purchase property for the complex by paying the landowner a down payment of$100,000 and paying the balance in three(3) installments. Staff is proposing to located the athletic complex near the intersection of Centerville Road and Main Street. The landowner is currently the Charter Commission Chairman and a member of the Park Board. Council expressed concern about the public perception of conflict of interest. Staff was instructed to prepare a plan to make sure the public understands that there is no other good location for this facility. The City Attorney has already prepared a written opinion on the conflict of interest matter and Mr. Jeff Schoenbauer, City parks consultant has also prepared a professional opinion about the location. Once the City Council has approved the purchase of the property,public meetings will be conducted to let the public know about the land purchase and what is planned for the site. Behm's Century Farm Park- Staff is considering selling a stepf `� o ustang Lane and Palomino Lane to the developer of Behm's Century Fatrn�to get oe`dollars to develop the park for this subdivision. The developer undettan that ifthe pity sells him this land,the City is not guaranteeing him MUSA or approval oa:development plan. BONDING CAPACITY, LINDA WAITE04TH: On March 3, 1999,Jerry Shannon,Springstelc talked to the City Council about structuring a bond so that the Q ty%uld vide financial assistance to the YMCA and provide financing for the athlei complex 'Two (2)pages from Mr. Shannon's handout ff was provided as a remind rt or?thi✓ C ou'nc il. EXCESS REVS ND "TE-SMITH Projected 14 ilklance-A draft resolution designating the General Fund excess fund balanc the year ended December 31, 1998 has been prepared. According to City Policy, certar evels of various reserves have to be maintained. This is outlined in the draft resolution. In addition, the Council has already reserved some of the 1998 excess fund balance to pay for some discretionary items. The total amount of the 1998 discretionary reserve has not been spent. The balance of the 1998 discretionary excess fund balance is also outlined in the draft resolution. The total amount of the undesignated or unreserved excess fund balance that must now be designated is $273,430.00. HACA Penalty-There was discussion regarding why there was such a large excess fund balance and the need to reserve some of the excess fund balance to pay the LGA/HACA penalty for next year. List of Staff Recommendations - Staff prepared a list of recommendations for the use of the excess 1998 fund balance. It was noted that the list was not prioritized but listed in PAGE 4 COUNCIL FINANCE WORK SESSION APRIL 19, 1999 alphabetical order. Council discussed the recommendations and directed staff to prepare a map indicating where the unref ended SAC properties are located. Each Council member was asked to prepare their recommendation for use of the excess fund balance. These lists will be discussed at the May 4, 1999 work session. The work session scheduled for May 5, 1999 was rescheduled for May 4, 1999. COUNCIL GUIDELINES FOR PREPARING YEAR 2000 BUDGET 1999 Calendar- Staff explained that the City Auditor will present the 1998 audit to the Council probably at the first Council meeting in May. Staff was told that if the audit is "clean", the Auditor would not have to make a presentation at the work session prior to the meeting. i WR Staff asked if Council wanted follow-up presentations from eitherprtsted,11jac. or Ehler's. Council said no. Council was given a copy of the 1998 Budget Schedule. Staff, wi�b�pdating this schedule. Tonight is the finance work session with th 1. Slid"ff will be coming to Council in May with the department objectives forhe fives)year financial plan and asking for Council approval. Work papers f6f the 200t budget will be distributed to staff shortly. F , Currently the 2000 Budge oii schedule. The resignation of the Financial Analysis has caused some inconventenc ver stiff is confident that there will not be any substantial delays irate u 5aschedule. The Finanrfik final osition has not been advertised. Staff will be talking with Council abo r- g p y this position at the May 4, 1999 work session. Service Leve Levv _. Amount and Priorities for Determining Tradeoffs to Balance �'3' g the Budget- Staff asked Council to be specific if they wish to change service levels,or the amount of the levy. Staff also asked if there are any priorities for determining tradeoffs to balance the budget. For example, if staff has to make cuts, does Public Safety always supersede Administration?Is there something that the City should be doing and not doing to change service levels? Mayor Sullivan requested staff prepare a paper to be given to the Council at Wednesday's work session that describes service levels, levy amount and priorities for determining tradeoffs to balance the budget. She noted that with the goals that have been established for the City Administrator, Council has already setup some priorities. As the ,•-� departmental requests come in, staff should make recommendations in terms of what the City wants to do in considering the vision for the City. PAGE 5 T COUNCIL FINANCE WORK SESSION APRIL 19, 1999 There was discussion regarding another school referendum. It was noted that Superintendent McClellan has activated a task force to study the Centennial School District building needs. Mr. Mark Lindblad is the Lino Lakes representative on the task force. Council Member Bergeson noted that in the recent past, Lino Lakes has been"living on its growth". If in the future the City has to increase taxes to "keep the lights on",there should be thought given to the timing of the increase so that the City is not doing it in the same year as the school districts are planning referendums or the park or street referendum is coming on the taxes.No one wants to increase taxes but if it is needed, it should be done when nothing else is happening. The meeting was adjourned at 8:27 p.m. These minutes were considered, corrected and approved at ular Cvtnmotlneeting held on May 10, 1999. 6U-4 Marilyn G. Anderson, Clerk-Treasurer erly S ivEK ayor PAGE 6 COUNCIL MINUTES APRIL 26, 1999 CITY OF LINO LAKES MINUTES DATE April 26, 1999 TIME STARTED : 6:32 P.M. TIME ENDED : 10:31 P.M. MEMBERS PRESENT : Bergeson,Dahl,Lyden, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; Engineer,John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland(part); Chief of Police, Dave Pecchia; City Clerk-Treasurer, Marilyn Anderson SETTING THE AGENDA Mayor Sullivan removed Item 6K, Consideration of Conditiorm�t, er Media Company, for Nine (9)Advertising Signs(I-35E). nk The amended agenda was approved as presented, ` CONSENT AGENDA Mayor Sullivan removed Ite �, 1 1999;Regular Council Meeting Minutes. Mayor Sullivan mov- e -` ril 26, 1999,Disbursements,to Item 8A,New Business. Council Mem _.:; en ` _Ted to approve the amended Consent Agenda as presented. Council Member Neal s h°:o ` otion. Motion carried unanimously. ITEM ACTION MINUTES: April 7, 1999, Council Work Session Approved DISBURSEMENTS: Centennial Fire District Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City n Council meetings, emphasizing the need for respectful dialog. 1 COUNCIL MINUTES APRIL 26, 1999 OPEN MIKE Mayor Sullivan congratulated Mr. Marry Asleson, Environmental and Forestry Coordinator, for a great Earth Day celebration. Those in attendance included 10 Scout Troops, Friends of the Parks, Mr. John VonDeLinde, Anoka County Parks Director and Council Member Bergeson. All four(4) cities involved did a great job in organizing the event. Mayor Sullivan stated three (3)residents of Lino Lakes will be honored as community hero's next week. Those honored will be John and Connie Bauman and Council Member Neal. Recognize Dave Pecchia for Outstanding Job as Acting City Administrator-Mayor Sullivan stated the City wants to recognize Chief Pecchia's work last year as Interim City Administrator. He took on a big challenge and kept the City organized as well as maintaining the most professional Police Department in the state. Chief Pecchia did a great job leading an investigation into the City's financial affairs in a very professional mannj, also able to manage the very scarce resources of the City. x Mayor Sullivan presented Chief Pecchia with a plaque and th is hard work and everything he has done for the City of Lino Lakes. RE Chief Pecchia thanked the City on behalf of all th SR"'' ees o helped and the citizens who were very patient. He also thanked his family, the supervisors at the Police Department, and the three(3) other Directors who helped him while he was acting as City Administrator. Council Member Lyden adde recognition for Chief Pecchia may be late but well deserved. He stated the t c' 1er anApth of a person is revealed under tough circumstances. Chief c d the ball through tough times in Lino Lakes. He answered the call. He stated C hia 1 ourage,character,honesty,and integrity. He thanked Chief Pecchia. Council Memb moved to recognize Friday,April 30, 1999, as Dave Pecchia Day for all his hard work asterim City Administrator. Council Member Neal seconded the motion. Motion carried unanimously. Rice Creek Regional Park Reserve Comprehensive Update,John VonDeLinde-Mr. VonDeLinde presented an overview of the master plan to update the Regional Park Reserve. He asked for Council endorsement of the plan. The state has appropriated $1.5 million in funding for the reconstruction of the park. The guide used in the planning process for the park included public meetings, City and County staff, and a survey from the Metropolitan Council. Issues that arose during the planning process included the identification of parcels on the north/east portion of the park which contain interesting ecological aspects. These parcels are currently under consideration for purchase by the County. �►' 2 .e a tl COUNCIL MINUTES APRIL 26, 1999 Phase I of the project will include reconstruction of the main park roads and parking lot,a new boat launch, group and family picnic shelters, a play area at the beach,bike trails, and campground improvements. As required by law, 80%of the park must remain open space. Maps of the proposed park reconstruction were presented. The master plan for the park will be reviewed by the County Board on May 13, 1999. The plan goes before the Metropolitan Council in June or August of 1999. The plans for phase I will be released in September, 1999, with construction beginning at that time. The architectural program will begin in December, 1999, or January, 2000. Mayor Sullivan noted one of the goals of the City is to tie the City's greenways to the park trails for better use by residents. Council Member Bergeson added the park is a great asset to the community al ough at times the park causes a problem at the local level because so much City land is in are asked that the County work with City staff to resolve the following issues: O'AW 1. Flooding in the Rice Creek Chain relating to emerg_ji besss 2. East/west trail corridor relating to the absence of culverts which affect water quality and water flow. 3. Future utility easement. 4. Aqua Lane mainte c 5. Reshanau i Mr. VonDeL' ica he will work with City staff regarding these issues and respond to the City Council. Other issues rais relating to the Regional Park included law enforcement within the park, fire safety,water quality,bullheads in the beach area, chemicals used on the golf course and snowmobile trails. Mr. VonDeLinde explained the County has several mechanisms for the patrol of the trails including Park Rangers. The County uses the Centennial Fire District for any fire issues. Mr. VonDeLinde will investigate the use of the Fire Department and inform the Council regarding that discussion. Mr. VonDeLinde noted the Rice Creek Watershed District is taking steps to improve the water quality and clarity in Centerville Lake. He will speak to the DNR about the bullhead problems. ,..� He added there are snowmobile trails within the park. The fate of snowmobilers rests on with the Council. 3 COUNCIL MINUTES APRIL 26, 1999 *F Mr. VonDeLinde also stated that a new process is being used regarding the use of chemicals on the golf course. Mr. John Roloff, 96 Willow Ponds, came forward and stated there is a concern for everyone in the community regarding senior citizen and handicapped transportation. Metro Mobility is a real asset for travel in Minneapolis and St. Paul, however,there is a real problem in the community regarding pick up and drop off sites for the Traveler. Mr. Roloff asked the Council to take the lead and provide better transportation for those that need it. He asked the Council to write a letter regarding this issue and he will deliver it to the County Commissioners. The State does provide funds for transportation. However,the County does not. He asked that the Council look at this situation and try to resolve it. Council directed staff to draft a letter to go the County regarding travel service No one else appeared for open mike. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEG IN Consideration of Resolution No. 99-31,Adding Land t6 the l<ticc r'eek Park Reserve, Brian Wessel-Anoka County would like to purchase°133.2 acres of wetland that has been declared surplus land by the St. Paul Water .Jtilt�. Most of this land is already within the official master plan boundaries of the Park Reserve,4w.th 11 acres directly adjacent to the Park Reserve. x N� Because this land is not deva l� b pit is rq sonable to allow an exception to the March 26, 1974 Anoka County Resol c will help ensure the eMi2ch the County will not take additional City property. This provide diverse natural habitat and an ecological buffer to the Blue He oke will be under the jurisdiction of the County Park Reserve and remain protected. Council Membe _ _ ergeson moved to adopt Resolution No. 99 - 31, as presented,with the condition that the County make a good faith effort to address the issues relating to the Regional Park. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 31 can be found at the end of these minutes. Consideration of Resolution No. 99-28,Accepting a Donation from the Lino Lakes Lions Club for Kite Day,Linda Waite Smith -The Lino Lakes Parks and Recreation Department will be holding its fourth Kite Day event on Saturday, June 5, 1999, at Rice Lake Elementary School. In previous years the kits were donated to the Lino Lakes Parks and Recreation Department by a vendor. Unfortunately,the City was unable to get the donation this year. The Lino Lakes Lions Club, as a program sponsor,has donated$300 to help defer the cost of this �.. event. 4 COUNCIL MINUTES APRIL 26, 1999 n Council Member Neal moved to adopt Resolution No. 99 -28, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 28 can be found at the end of these minutes. ADMINISTRATION DEPARTMENT REPORT,DAN TESCH Consideration of Resolution No. 99 -33,Authorizing Execution of an Option Agreement between City and Blaine American Legion for the Police Department Building Site on Lake Drive,Bill Hawkins - The Blaine American Legion is interested in obtaining the site where the Lino Lakes Police Department was located until its recent move. The Legion would like to ensure the site is not purchased by another buyer. An option agreement has been prepared. It includes language that allows to negotiate the sale price using a value established by an appraisal firm. It also cazta; a cl� requiring a non-refundable deposit of$385.00 to cover legal expenses. 4 Council Member Neal pointed out that the appraisal for the land ind- a entire four(4)acres next to the current Police Department. He suggested,the c�#on"""" reement amount should reflect the City Attorneys fees for only one acre of the.;property.and the building. After further discussion, Council MeT °Veal rmvedA6adopt Resolution No. 99 - 33, with a $100.00 payment option to cover e l fees;of the City Attorney. Mayor Sullivan seconded the motion. Motion carried 1 Resolution No. 99 - f at the end of these minutes. Consideration-r sort n No.99-32,Conveying Property from County to City in Reiling Develo at Hodgson Road/Lake Drive Interchange,Bill Hawkins -The City previously ed a resolution conveying to the EDA,Lot 17 in Auditor's Subdivision 151, which is part of area that the County turned back to the City in the Reiling Development area. That resolution did not specifically describe the property or include the certificate of title number. The Examiner of Titles Office has requested that the City adopt a resolution containing that information. Council Member Lyden moved to adopt Resolution No. 99- 32, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 99 -32 can be found at the end of these minutes. Consideration of a Request from the Lino Lakes Lions for an Exemption from Lawful Gambling License,Linda Waite--Smith-The Lino Lakes Lions Club is requesting an 5 COUNCIL MINUTES APRIL 26, 1999 exemption to hold a raffle at a fundraising spaghetti dinner being held at Rice Lake Elementary School on May 6, 1999. The event is being held for a Lino Lakes resident who has cancer. Staff was told that the Lino Lakes Lions Club will be selling beer at this event. Council directed staff to contact the Lino Lakes Lions Club and determine if a beer license is needed. Council Member Neal moved to approve the request from the Lino Lakes Lions for an exemption from lawful gambling license,as presented. Council Member Lyden seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT,DAVE PECCHIA 1998 Annual Police Department Report, Sergeant Steve Mortenson- Sergeant Mortenson presented the 1998 Annual Police Report and Building Department Rep44 SECOND READING, Ordinance No. 07-99,Considerationo d o' he Lino Lakes City Code by Adopting a Tobacco Ordinance- The FIR ADING`of the proposed tobacco ordinance took place on April 12, 1999. ,_ Since there have been no comments about or coritions to this ptoposed ordinance following the FIRST READING, Sergeant Kent Strege recommended Council approve the SECOND READING of this ordinance. q Council Member Dahl movec[Ao ap��oveie OND READING of Ordinance No. 07 - 99, as presented. Council Membex,l sonde the motion. Council Member Ber ted Council Member Dahl voted yes. Council Member Lyden voted y un ember Neal voted yes. Mayor Sullivan voted yes. Motion carried "' mously. Ordinance No. 07 - 99 can be found at the end of these minutes. Mayor Sullivan called for a short recess. Mayor Sullivan called the meeting back to order at 8:32 p.m. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consideration of Minor Subdivision for XXX Sherman Lake Road, Lot 6,Block 3, Pheasant Hills Preserve 6th Addition,Mary Kay Wyland-This request involves a request to split an existing 100' wide vacant lot on Sherman Lake Road in half and add the newly created 50' parcels to each of the adjoining properties. The purpose of the subdivision is so the adjoining property owners can keep the property as open land. 6 f COUNCIL MINUTES APRIL 26, 1999 n The Planning and Zoning Board recommended approval of the minor subdivision on a 6-0 vote with conditions. Council Member Lyden moved to approve minor subdivision based on the following conditions: 1. Parcel A is legally combined with Lot 5, Block 6, Pheasant Hills Preserve 6th Addition. 2. Parcel B is legally combined with Lot 1, Block 2, Pheasant Hills Preserve 4th Addition. 3. Outstanding assessments are paid on the parcel prior to recording of the subdivision (the purchase price does include these assessments). Council Member Neal seconded the motion. Motion carried unam l d. `F Consideration of Amended Conditional Use Permit and S' P .�t Revie " or Circle-Lex VFW Post 6583, 7868 Lake Drive,Mary Kay Wyland Th it VFW at 7868 Lake Drive is requesting an Amended Conditional Use Pe rt andSzte Plan Review to allow a 10,400 square foot addition to their existing 2,240 square footciht The Planning and Zoning Board recommened a p vl of the conditional use permit and site plan review on a 6-0 vote with con iti6fis. Mr. Jack Sanford,represe, tip e VF Club, came forward and noted that originally the VFW Club had expr ce egarding the requirement to replace the roof on the existing building to match the struon so that the building will be the same all around. Although a portion of th 6 ing .' f was replaced last year after the storms, it will be replaced to match the new build' Mr. Sanford queoned the"green"parking area. Staff explained"green"parking is a way to provide additional parking without additional asphalt. The new process is part of the environmental effort within the City. The"green"parking area should not require any additional maintenance. If it does not work properly,the area can be paved at a later date. The "green" parking area allows water to run off and soak into the ground before it reaches the ponding area. The VFW Club plans to begin construction sometime in May. The construction should be completed in six(6)months. Sanitary sewer is needed for this site,however,the site is not currently in the MUSA area. The new Comp Plan does include this area in the MUSA. If construction is completed after the new n Comp Plan is adopted by the City Council,the site will automatically be included in MUSA. However, if construction is completed before the new Comp Plan is adopted, a MUSA exchange 7 COUNCIL MINUTES APRIL 26, 1999 will be required. The VFW Club could move some MUSA to this site from their property on Lilac Street with a Comp Plan amendment. Council Member Neal moved to approve the amended conditional use permit and site plan review based on the following conditions: 1. Proper building permits are obtained including an escrow deposit consisting of 1%of the construction cost to insure completion of all site improvements. 2. The parking area is redesigned to meet setback requirements of the Ordinance and the number of paved spaces reduced to 85. The applicant and architect shall pursue a"green" overflow parking area on the east side of the parking lot. This design will be subject to the review and approval of the City Forester and City Engineer. The access drive along Lake Drive must be 20' in width. 3. The parking area and south/west corner of the parking lot e, t abu presidential property shall be surrounded with concrete curb and gutta- ' ' aid °"' ominous excepting the approved"green"parking area. sk 4. The roof on the existing building shall be:replaceto match the new construction. 5. Trash handling area shall be enclosedlind screened from the street right-of-way and adjoining properties. 6. An enhanced lands 1 be reviewed and approved by the City Forester. Sumac plantings all 4 ved m the area surrounding the exit doors and replaced with an appro (s)as determined by the City Forester. Additional landscaping w ovi along Lois Lane and at the southwest corner of the parking area w _ ab a two (2) single family homes. 7. Pe all die obtained from the Rice Creek Watershed District for drainage improve 8. The City Engineer shall approve all fmal grading, drainage and utility plans. 9. Access permits to Lake Drive shall be obtained from Anoka County and limited to one at 79th Street. 10. Lighting plans shall be reviewed by staff prior to installation. 11. Permits shall be required for all signage. 12. An additional 10' of ROW shall be dedicated to the County for Lake Drive. N..01 13. MUSA Designation for this parcel shall be resolved prior to the utility connection. 8 f COUNCIL MINUTES APRIL 26, 1999 n 14. The existing accessory building shall be removed. 15 VFW will provide fencing acceptable to the adjoining property owners on Lois Lane. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Conditional Use Permit, Site Plan Review and Variance for Body Works Gym,K. & D. McDonald,Mary Kay Wyland-This request requires a conditional use permit to allow a 50%expansion of an existing pole barn, a variance to the front setback requirement, and a site plan review for the proposed construction located at 790 Lois Lane. The Planning and Zoning Board recommended approval of the conditional use permit,variance from the front setback requirement and site plan review on a 6-0 vote based on,conditions. The issue regarding the building being too close to the road was raised,. I as po -ited out that the building will be too close to the road whether or not the imp yerne s to the building. It was noted that the Environmental Board recommeledf from Lois Lane to Lino Park be recognized. .9 n Mr. McDonald, 790 Lois Lane came feeward arid-stated he has no intention of blocking the trail. The trail is indicated by a sign and mars 3 Council Member Dahl move ' 've conditional use permit, variance and site plan review based on the follo 4 on 1. Pro ld ermits are obtained prior to construction and 1%of the total constru ire deposited to insure completion of site improvements. 2. A van ce is granted for a maximum of 13.5' to allow a front setback of 16.5' for the proposed addition. 3. The east and north elevations are re-sided with a vinyl material. 4. The single car garage is relocated to the rear of the existing building within the setback requirements of the ordinance (30' setback from Della Lane). 5. Trash handling area is screened from all adjoining properties. 6. The parking area is surfaced with a material approved by the City Engineer,this 1111*N surface shall not be concrete or bituminous. 7. Additional landscaping shall be provided to aid in the delineation of the parking area. 9 COUNCIL MINUTES APRIL 26, 1999 8. Grading and utility plans are subject to the review and approval of the City Engineer. 9. The applicant shall be required to keep the site in good repair at all times as determined by City staff. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING,Ordinance No. 09-99,Consideration of Fogerty Investment,524 Apollo Drive,Rezone from GB, General Business,to PDO/Light Industrial,Brian Wessel (4/5 Vote Required)-The Council voted to rezone the site to PDO for light industrial uses on April 12, 1999.No changes to this proposal have been received. Staff recommended approval of the SECOND READING of the rezone to PDO Staff noted the clinic will not be relocating their driveway. The drivepva A11 be ved slightly to the north creating a single access to their site. ob Council Member Bergeson moved to approve the SECOND I ADING AtOrdinance No. 09 - 99, as presented. Council Member Neal seconded motion Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member ft Lyden voted no. Council Member Nealited yet Mayor Sullivan voted yes. 51 Motion carried with Council Mern Lyn vottlg no. Ordinance No. 09 - 9 fo at the end of these minutes. SECOND RE G, inance No. 08 -99,Consideration of Clearwater Creek Phase III, Rezone from ral Executive to PDO/Single Family. Consideration of Resolution No. -3 or Comprehensive Plan Amendment,Brian Wessel(4/5 Vote Required)-The uncil approved Clearwater Creek Phase III on April 12, 1999 including the FIRST READING of Ordinance No. 08 - 99. Since no changes have been proposed to the Ordinance, staff recommended approval of the SECOND READING of Ordinance No. 08 - 99. Council Member Bergeson moved to approve Resolution No. 99 - 34 to amend the existing Comprehensive Plan for the southeast 40 acres of this site. The MUSA allocation would become effective only at the time of final plat approval. Council Member Lyden seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. 10 COUNCIL MINUTES APRIL 26, 1999 Council Member Lyden moved to approve Ordinance No. 08 - 99 amending the Zoning Ordinance to rezone the entire 163+acres to Planned Development Overlay for single family residential use. Council Member Dahl seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance No. 08 - 99 and Resolution No. 99 - 34 can be found at the end of these minutes. SECOND READING, Ordinance No. 05-99,Vacation of Roadway Easement, Clearwater Creek Phase III,Mary Kay Wyland (4/5 Vote Required) -The Council apparoved the FIRST READING of Ordinance No. OS - 99 at the April 12, 1999,meeting.No gds� this ordinance have been proposed . Staff recommended approval of the SECOND READING of d No 05 99. Council Member Dahl moved to approve the SECO �G of-Ordinance No. 05 - 99, as presented. Council Member Bergeson secondedhe rrinton .: n Council Member Bergeson voted yesv Member Dahl voted yes. Council Member Lyden voted yes. Council Membe v.., s `Mayor Sullivan voted yes. Motion carried unanimo Ordinance No. 05 9 -` gfount the end of these minutes. yam. FIRST READ nce No. 11 -99,Amending Zoning Ordinance Pertaining to Private Clubs o ges,Brian Wessel(4/5 Vote Required)-This draft ordinance adds private clubs an _ ' dges as a conditional use to the General Business(GB)and Central Business (CB)zoning districts. The proposed conditions are copied directly from the conditions for clubs/lodges currently listed in the LB district. Staff recommended approval of the FIRST READING of Ordinance No. 11 -99. Council asked the City Attorney to comment regarding safeguards the City may have relating to a specific undesired site brought into the City that meets all criteria. Mr. Hawkins advised the new liquor ordinance will address those issues. Council Member Dahl moved to approve the FIRST READING of Ordinance No. 11 - 99, as n presented. Council Member Lyden seconded the motion. 11 COUNCIL MINUTES APRIL 26, 1999 Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. JADT,XXX Lake Drive (at Apollo Extended), Rezone to PDO,Preliminary Plat, Site Plan Review, Conditional Use Permit for McDonald's Restaurant,Brian Wessel-The City has received an application from JADT Development Group for a PDO, a site plan review for a McDonald's, and a CUP for a drive-through at the McDonald's. Mr. Wessel reviewed the plan in detail along with the architectural design of the proposed building noting its retro style. The public hearing on this project was held on April 14, 1999. The Plannin d Zoning Board approved the rezone to PDO,preliminary plan/plat, site plan, and CUP f ough based on conditions. FA Mr. Dick Engstrom, a representative for McDonald's,present the ,i of e proposed project. He stated they cannot financially commit to a play pl6 a #lus,,t� - e. The design of the project does allow for a play place to be added later He doted here is agreement regarding the conditions of approval. He expressed concern re ardin theber of parking sots if a la pp p g P g P play place is added. o., Through much discussion, Council_exppes ed concern regarding signage,trail installation,park dedication,parking,the privat d�cnd ^ e design issue. Staff indicated the si : . 4Il E high. Mr. Engstrom added the sign will not be seen from the freeway. If the rojec ove - cl)onald's will apply to MnDOT for a freeway sign. Mr. Powell ad G would be constructed along Lake Drive during the Lake Drive upgrade. Disc s th the County have indicated only turn lanes are required with this project. When ' rovements to I-35 are made the trail will be an issue. Park dedication will be required as this is a subdivision of property. Staff advised the parking has been carefully reviewed and is adequate for the project. Parcel three(3)of the property will be reviewed by the Council when the developer brings the projects for that parcel forward. Mr. Powell noted the flexibility of the PDO allows for a private road in this project. It is appropriate in this case. Council Member Bergeson suggested a discussion be held regarding tree saving and the height of signs. 12 COUNCIL MINUTES APRIL 26, 1999 Mr. Engstrom stated they hope to have the building plans in three (3)weeks. The schedule calls for ground breaking in June, 1999. The restaurant will open in August or September, 1999. Mr. Baylor, Developer for the project, added that bids are currently out for utilities and the building. He noted the project is very costly because of the depth of the utilities. Staff recommended the following conditions of approval for PDO Plan/Plat, Site Plan, and Conditional Use Permit: 1. All development except the Phase I McDonald's shall comply with the design standards in the report. Phase I shall comply with the approved site plan and any conditions of approval. 2. The access driveway onto Apollo Drive shall be a right-in only. 3. East side access drive shall meet the private road at a rig g"" d ve lane will be straightened. 4. Eliminate the five (5) stalls on the front of the bull Z64 an outdoor area for seating unless or until a playland is built. "R 5. Create two (2) landscaped islands in the parkifg lot, one at each end of the double row of stalls. A tree shall be saved ilithe from island if possible. 711;6. The landscaping plan shad be xviewed for approval by the City Forester. 7. Pro er b p ust be obtained prior to any construction and 1%of the construction c t be s"t in escrow to insure completion of all site improvements. Prior td ce building permits, building plans must be reviewed by the City CSO for com N`CPTED recommendations. 8. A ligh g plan must be submitted and obtain approval by the CSO for compliance with CPTED recommendations. 9. Any signage shall be reviewed for approval by the Town Center Committee. 10. All permits required by the Rice Creek Watershed District shall_ be obtained prior to any site grading. 11. Utility, grading, and drainage plans must obtain approval from the City Engineer and Rice Creek Watershed District. ^ 12. The building design, architectural standards, and signage including the McDonald's site are subject to review and approval by the Town Center Committee. 13 COUNCIL MINUTES APRIL 26, 1999 13. All necessary permits must be obtained from Anoka County and MnDOT. Mayor Sullivan moved to adopt the FIRST READING of Ordinance No. 11 - 99 rezoning to PDO based on findings in the report. Council Member Lyden seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Mayor Sullivan moved to approve PDO development plan/plat based on the above conditions. Council Member Dahl seconded the motion. Motion carried unanimously. Mayor Sullivan moved to approve site plan for McDonald's based on the abo .e conditions and on final review of the majority of the Town Center Committee consideru tectural guidelines of the Town Center and their approval. Council Member Lyd,. econ the motion. Mayor Sullivan clarified her motion noting the guidelines fo ll e dent tate they should have unity and that should be considered. She stated s!Ws as 9 the Teti Center Committee to re-review the project's facade and upon their approv lIth project may go forward. Motion carried unanimously. ;'. Mayor Sullivan moved to approve�a cond�o�tatuse permit based on findings in the report and < .' the above conditions. Councl�ernE r den sec onded the motion. Motion carried unanimously. Consideration of Co" ral Permit, Eller Media Company, for Nine(9) Advertising Signs (I-35E), K yland-Upon adoption of the agenda,this item was deleted. Consideration = eso ution No. 99-29,Contract Award,Lake Drive Trunk Utilities Phase 2,John Powell a Council approved the plans and specification for this project on February 22, 1999. Sealed bids were received and opened on Tuesday, March 23, 1999,for the Lake Drive Trunk Utility-Phase 2 Project. The low bid in the amount of$1,991,329.71 was received from S. J. Louis Construction,Inc. Funding for the project will be through special assessments levied against benefiting properties as property owners connect to the utility system and the City's Area and Unit Fund. The proposed schedule for the project is as follows: Council Awards Bid April 26, 1999 Construction Begins June 15, 1999 Utility Construction Complete September 1, 1999 ..,, All Construction Complete November 1, 1999 14 COUNCIL MINUTES APRIL 26, 1999 Staff recommended Council adopt Resolution No. 99 - 29. The issue regarding overage was raised. Mr. Hawkins advised the company has to perform the work for the price that was bid. Overages occur when additional work is requested and completed. Council Member Lyden moved to adopt Resolution No. 99 - 29, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 99 - 29 can be found at the end of these minutes. Consideration of Resolution No. 99 -30, State Aid Road Designations,John Powell- Cities who qualify for participation in the Municipal State Aid System(MSAS) are owed to designate roadways to the system based on the amount of improved roadY the City. Each year cites are allowed to revise their MSAS by adding or revo 'S sage. Staff recommended the following revision to the Lino Lakes M jiffi,6"jpaI State Aid System: Revoke the non-existing I-3 5 W south fron e:road,designated`as segment 101, from Elm Street to Lake Drive. The lengthof, is s ent rs 108 miles. With the 5= construction of the Centennial ScM irntxovements, the construction of a roadway along the alignment as shown on th,,, a� unlikely. Add Fourth Avenue betVerMauttre tend Pine Street. This proposed segment length is .98 miles. Council Member Berg oved adopt Resolution No. 99 - 30, as presented. Council Member Dahl r_ ed motion. Motion carried unanimously. Resolution No. - 30 can be found at the end of these minutes. OLD BUSINESS -None NEW BUSINESS Consideration of Expenditures,April 26, 1999,Linda Waite Smith-The amount listed for Circle Pines Gas Service is incorrect and Ms. Waite Smith asked that this expenditure be removed. She indicated she will correct the mistake and bring a corrected expenditure statement back to Council for approval. Council Member Bergeson moved to approve the April 26, 1999, Expenditures, as amended. Council Member Lyden seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR APRIL 27, 1999 THROUGH MAY 10, 1999 15 COUNCIL MINUTES APRIL 26, 1999 Environmental Board Meeting,Wednesday, April 28, 1999, 6:30 p.m. Town Center Committee Meeting,Thursday,April 29, 1999,6:00 p.m. City Recycle Day, Saturday,May 1, 1999, 9:00 a.m. to 3:00 p.m. Tree Pick Up Day, Saturday,May 1, 1999 Park Board Meeting,Monday,May 3, 1999, 6:30 p.m. Council Work Session, Tuesday,May 4, 1999, 5:30 p.m. Town Center Meeting,Thursday,May 6, 1999,6:00 p.m. Ali- 90 Regular Council Meeting,Monday,May 10, 1999, 6:30 p.m. , ADJOURN K There being no further business, Mayor Sullivan add©urn dd the,,eeting at 10:31 p.m. 'max, These minutes were considered and approved at thetregu�ar Council eeting, May 10, 1999. On- *Jger puty Gl, , bey��Iv , Mayor x, Transcribed by Kim Points TimeSaver Off .� ecretarial, Inc. 16 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-30 RESOLUTION APPROVING REVISIONS TO LINO LAKES MUNICIPAL STATE AID SYSTEM WHEREAS, Department of Transportation State Aid for Local Transportation Division State Aid Operation Rules Chapter 8820 allows cities to designate routes as Municipal State Aid, and WHEREAS, the segments recommended to a added to the Lino Lakes Municipal State Aid System are projected to carry a relatively heavier traffic volume or connect points of major traffic interests within Lino Lakes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That non-existing 1-35W south frontage road between Elm Street and Lake Drive is hereby revoked as a Municipal State Aid street segment. The length of this segment is 1.08 miles. 2. That existing Fourth Avenue from Main Street to Pine Street be designated as Municipal State Aid. The length of this segment is 0.98 miles. Adopted by the Lino Lakes City Council this 2601 ay pril, 19 KiA erl A. S I i an Mayor Marilyn G.Anderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on April 26, 1999. M�ilynG. erson, Clerk-Treasurer Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.99-29 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT—LAKE DRIVE TRUNK UTILITY-PHASE 2 IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the construction of the Lake Drive Trunk Utility-Phase 2 Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Bid Amount S. J. Louis Construction, Inc. $ 1,991,329.71 S. R. Weidema, Inc. $ 2,063,076.92 Northdale Consturction $ 2,098,412.34 Richard Knutson, Inc. $ 2,189,173.90 Barbarossa and Sons $ 2,204,061.88 Arcon Construction $ 2,308,296.09 Kenko, Inc. $ 2,335,617.37 Engineer's Estimate $ 2,259,723.00 AND WHEREAS, it appears that S. J. Louis, Inc., is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with S. J. Louis, Inc., in the name of the City of Lino Lakes for the construction of the Lake Drive Trunk Utility-Phase 2 Improvements according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 2601 da f ril, yi NerlA. li an, Ma or M dlyn G. Anderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Bergeson, Dahl, Lyden, Neal, Sullivan. Whereupon said resolution was duly passed and adopted CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on April 26, 1999. Marilyn G. Anderson;Clerk-Treasurer Council Member Dahl introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 05-99 AN ORDINANCE VACATING A ROADWAY EASEMENT DESCRIBED IN DOCUMENT NO. 717509 AND RECORDED WITH ANOKA COUNTY(plat drawing attached) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I That it is in the best interest of the City and the property owner to vacate the previously recorded roadway easement to make way for the platting of Clearwater Creek 3rd Addition. II That the legal description of said roadway easement is described as follows: (insert) III That the City held a Public Hearing before the City Council continued from March 22, 1999 to April 12, 1999 after due published and posted notice had been given on March 2nd, 1999 and March 9th, 1999 and all persons interested were given an opportunity to be heard. IV This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of the 'ty L s 26th day of April, 1999. hk" � bey ivan,Mayor ATTEST: „.� Mar yn G. Anderson, Clerk/Treasurer ORDINANCE NO. 05 - 99 Page -2- The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon,the following voted in favor: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. ml�� `r 0 grip °� I® 9AoM. - :0,�o�9�e���a�©was eo�o�ai� Mr Q Wiwi .�•°�r �e oDL�ti F�Li�L�' t Council Member Neal introduced the following resolution and moved its adoption. 1" CITY OF LINO LAKES RESOLUTION NO. 99-33 A RESOLUTION AUTHORIZING EXECUTION OF AN OPTION AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE BLAINE AMERICAN LEGION WHEREAS,the city is the legal owner of certain real property in the County of Anoka, State of Minnesota, specifically, Lot 15, Block 2, Carole's Estates 2nd Addition; and WHEREAS,the city is vacating this property and anticipates it eventual sale; and WHEREAS,the Blaine American Legion is interested in purchasing the property if outstanding issues can be resolved. NOW THEREFORE, BE IT RESOLVED, that the Mayor and City Administrator are authorized to execute an option agreement between the City of Lino Lakes and the Blaine American Legion for Lot 15, Block 2, Carole's 2nd Addition, Anoka County, State of Minnesota. Adopted by the Lino Lakes City Council this 26 a ril, 9 rl ul iv , Mayor Je . Viger,Deputy Cle The motion for adoption of the foregoing resolution was duly seconded by 9i Al bt=�=Mayor Sulliva*nd upon vote being taken thereon,the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-34 RESOLUTION AMENDING THE CITY OF LINO LAKES COMPREHENSIVE LAND USE PLAN TO PROVIDE METROPOLITAN URBAN SERVICE DESIGNATION(MUSA)AND SINGLE FAMILY RESIDENTIAL DESIGNATION FOR THE SOUTHEAST CORNER OF THE CLEARWATER CREEK 3RD ADDITION WHEREAS, a Planned Development Overlay Preservation Development has been approved by the Council of the City of Lino Lakes for the Clearwater Creek 3rd Addition, and WHEREAS,the third phase of the Clearwater Creek 3rd Addition does not currently have MUSA designation assigned to the acreage in the south/east corner of that development nor is it identified as single family residential, and WHEREAS,the City's Draft Comprehensive Plan does indicated this area of Clearwater Creek 3rd Addition as a future MUSA, single family area but that Draft Plan has not been approved by the Council, and WHEREAS, a public hearing was held on March 10, 1999 by the Planning and Zoning Board concerning said Comprehensive Plan Amendment, NOW, THEREFORE,BE IT RESOLVED,that the Council of the City of Lino Lakes hereby approves the submittal of a Comprehensive Plan Amendment to the Metropolitan Council in order to secure MUSA, single family residential,designation for the south/east corner of Clearwater Creek 3rd Addition in a timely manner to serve that development,and BE IT FURTHER RESOLVED,the submittal of a Comprehensive Plan Amendment for MUSA, single family residential designation for this south/east corner of the Clearwater Creek 3rd Addition shall occur only if the present Draft Comprehensive Plan Amendment is delayed by the City and constructio this 3rd phase of Clearwater Creek 3rd Addition is imminent. Adopted by the Lino Lakes City Co If April, 1999 ATTEST: e yi8h1livan, Mayor �n Malilyn G. Anderson, Clerk-Treasurer RESOLUTION NO. 99 - 34 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof. Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. Council Member Lyden introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 08-99 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM GB,RURAL AND RURAL-EXECUTIVE TO A PDO,PLANNED DEVLOPMENT OVERLAY FOR PRESERVATION DEVEOPMENT (Clearwater Creek 3rd Addition) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I The Zoning Ordinance of the City of Lino Lakes,Anoka County, Minnesota,passed by the City Council on July 14, 1997 is hereby amended by rezoning from Rural and Rural Executive to PDO, Planned Development Overlay for a Preservation Development known as Clearwater Creek 3rd Addition pursuant to the provisions of the Zoning Ordinance of the City of Lino lakes,the following described real estate: (see attached legal descriptions) II As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. III This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of the10h A?s 26th day of April, 1999. y ivan,mayor ATTEST: '� Manlyn G. Anderson, Clerk/Treasurer 01WINANCE NO. 08 - 99 Page -2- The motion for the adoption of the foregoing ordinance was duly seconded by Council Member _ Dahl and upon vote being taken thereon,the following voted in favor: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. Council Member Lyden introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 1999-3.2- RESOLUTION CONVEYING PROPERTY WHEREAS, the County of Anoka has turned back certain property to the City of Lino Lakes which includes property legally described as Lot 17, Auditor's Subdivision No. 151, Anoka County, Minnesota, shown on Certificate of Title No. 15189; and WHEREAS, the City of Lino Lakes desires to convey the property to the Lino Lakes Economic Development Authority for the purpose of economic development in the City. NOW, THEREFORE, BE IT RESOLVED: 1 . That the City of Lino Lakes shall convey to the Lino Lakes Economic Development Authority, a body corporate and politic, the following described property: Lot 17, Auditor's Subdivision No. 151, Anoka County, Minnesota, shown on Certificate of Title No. 15189. 2. That the Mayor and Clerk are authorized to execute any and all documents necessary to affect this conveyance. ADOPTED by the Council this 6th y of r i 1999. Kim r Wiffivan, Mayor ATTEST: Ma ilyn G. Anderson, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon the following voted in favor: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. C IT Y O F IN KE CERTIFICATION OF RESOLUTION NO. 99-32 STATE OF NIINNESOTA) COUNTY OF ANOKA) CITY OF LINO LAKES) I, the undersigned, being the duly qualified Deputy Clerk of the City of Lino Lakes, Minnesota,do hereby certify that I have carefully compared the attached and foregoing copy of Resolution No. 99-32 with the original thereof on file in my office, and the same is in a full, true and complete copy insofar as the same relates to: CONVEYING PROPERTY IN THE REILING DEVELOPMENT AREA Witness my hand as said Deputy Clerk and the Corporate Seal of the City this 29th day of April, 1999. Jean . Viger, Deputy C er t i (SEAL) 4 1189 Main Street • Lino Lakes,Minnesota • 55014 rx.-_,.rrnn• r,:l ir_t cv, . r,... r_ci nr,4 irrA Council Member Neal introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 99-28 A RESOLUTION ACCEPTING DONATION FROM THE LINO LAKES LIONS CLUB WHEREAS, the Lino Lakes Lions Club supports the Lino Lakes Parks and Recreation Department and: WHEREAS, the Lino Lakes Parks and Recreation Department is holding its fourth Kite Day on June 5, 1999; and WHEREAS, the event is free to the families of Lino Lakes; and WHEREAS, the Lino Lakes Lions Club was made aware of the event and the desire of the Lino Lakes Parks and Recreation Department to conduct Kite Day with the support of a program sponsor and has donated$300.00 to the City to defer the cost of this event. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Lino Lakes, the Council accepts the Lino Lakes Lions Club donation of$300.00 to help finance Kite Day and wishes to express its sincere gratitude and appreciation to the Lino Lakes Lions Club for its donation. Adopted by the Lino Lakes City Council this 26`h day of April, 199 . b ly SUllivan -a , Marilyn G. Anderson, Clerk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following against same: none. Whereupon said resolution was declared duly passed and adopted. sw/rick/Resolution 99-28 Kite Day Donation.doc Member Bergeson introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 99-31 ADDING LAND TO THE RICE CREEK CHAIN OF LAKES REGIONAL PARK RESERVE WHEREAS, The Anoka County Board of Commissioners passed a resolution on March 26, 1974 approving the acquisition of land for the regional park, and WHEREAS, The resolution noted that no further park or open space commitment should be required by the City of Lino Lakes, and WHEREAS, The County would like to purchase 133.2 acres of wetland declared surplus by the St. Paul Water Utility to incorporate into the regional park, and WHEREAS, the acquisition of this land does not adversely impact the City of Lino Lakes and will benefit the regional park reserve; NOW THEREFORE BE IT RESOLVED, that the City Council hereby d ses an exception to the policy that no further park or open space should be req ' by the ity f Lino Lakes. Dated: April 26, 1999 , rly A. Sullivan, Mayor A ST: Jean �iger,Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dahl and upon vote being taken thereon, the following voted in favor thereof Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. �" Council Member introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 07-99 AN ORDINANCE AMENDING THE CITY CODE BY DELETING CHAPTER 602, CIGARETTES,AND REPLACING IT WITH AN ORDINANCE INTENDED TO REGULATE THE SALE,POSSESSION,AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES The City of Lino Lakes,Anoka County,Minnesota hereby ordains as follows: The City Code of the City of Lino Lakes,Chapter 602 is hereby repealed and replaced as follows: 602. Regulating the Sale,Possession,and use of Tobacco Products and Tobacco Related Devices 602.01 Purpose: Because the City of Lino Lakes recognizes that many people under the age of 18 purchase or otherwise obtain, possess and use tobacco, tobacco products, and tobacco related devices, and such sales,possession, and use are violations of State and Federal laws; and because smoking has been shown to be the cause of several serious health problems which place a financial burden on all levels of government;this ordinance shall be intended to regulate the sale,possession, and use of tobacco,tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws,to protect minors against the serious effects associated with the illegal use of tobacco,tobacco products,and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Statute 144.391. 602.02 Definitions and Interpretations: Except as may otherwise be provided or clearly implied by context,all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term"shall" means mandatory and the term"may"means permissive. The following terms shall have the definitions given to them: Subd. 1 Tobacco or Tobacco Products: Any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars;pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies;perique; granulated, plug cut, crimp cut, ready- rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. Subd. 2 Tobacco Related Devices: Any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing,or smoking of tobacco or tobacco products. Subd. 3 Self Service Merchandising: Open displays of tobacco, tobacco products or tobacco related devices in any manner where any person shall have access to those items without the assistance or intervention of the licensee or the licensee's employees. The assistance or intervention shall entail the actual physical exchange of the item(s) between the customer or the licensee or employee. Subd. 4 Vending_Machine: Any device which dispenses tobacco,tobacco products, or tobacco related devices upon insertion of money,tokens, or other form of payment directly into the device by the person seeking to purchase the tobacco,tobacco product, or tobacco related devices. Subd. 5 Individually Packaged: The practice of selling any tobacco or tobacco product wrapped individually for sale. Subd. 6 Loosies: The common term used to refer to a single individually packaged cigarette. Subd. 7 Minor: Any natural person who has not yet reached the age of eighteen(18) years of age. Subd. 8 Retail Establishment: Any place of business where tobacco,tobacco products, or tobacco related devices are available for sale to the general public. Subd. 9 Moveable Place of Business: Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 10 Sale: Any transfer of goods for money,trade,barter,or other consideration. Subd. I I Compliance Checks: The system the City of Lino Lakes uses to investigate and ensure that those authorized to sell tobacco,tobacco products, or tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices. 602.03 License: Subd. 1 Application: An application for a license to sell tobacco,tobacco products, or tobacco related devices shall be made on a form provided by the city of Lino Lakes. The completed application is to be returned to the city of Lino Lakes at which time the application will be forwarded to the Police Department for background checks. If the application is deemed incomplete it shall be returned to the applicant with a notice of the missing data.No incomplete applications will be reviewed. The completed application will be forwarded to the city council for review and action. If the city council denies the application a notice of the denial shall be given to the applicant as well as a notice of the applicant's right to appeal the decision. Subd. 2 Term: All licenses approved under this ordinance are valid until midnight December 3Is'of each year. Subd. 3 Revocation or Suspension: Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. Subd. 4 Transfers: All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Subd. 5 Moveable Place of Business: No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd. 6 Display:All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd. 7 Renewals: Renewals of a_license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty(30)days,but no more than sixty(60)days before the expiration of the current license. 602.04 Fees: No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. 602.05 Basis for Denial of License: The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law,the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section: (Note: The following is not an exclusive nor an exhaustive list.) A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five (5)years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or product related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve (12) months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. 602.06 Prohibited Sales: It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco,tobacco product, or tobacco related device: A. To any person under the age of eighteen(18)years. B. By means of any type of vending machine, except as may otherwise be provided in this ordinance(see"Vending Machines") C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco,tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco,tobacco product, or tobacco related device between the licensee or the licensee's employee, and �.. the customer. D. By means of loosies as defined in this ordinance. E. By any other means,to any other person, in any manner or form prohibited by Federal, State, or other local law,ordinance provision or other regulation. 602.07 Vending Machines: It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco,tobacco products,or tobacco related devices by means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. 602.08 Self-Service Sales: It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco,tobacco products,or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco,tobacco products, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco,tobacco products and tobacco related devices shall either be stored behind a counter or other area not freely accessible to the general public. 602.09 Responsibility: All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such item by an employee shall be considered a sale by the license holder.Nothing in this section shall be construed as prohibiting the city of Lino Lakes from also subjecting the clerk to whatever penalties are appropriate under this ordinance, State or Federal Law, or other applicable law or regulation. 602.10 Compliance Checks and Inspections: All licensed premises shall be open to inspection by the Lino Lakes Police Department or other authorized city official during regular business hours. From time to time,but at least once per year the city shall conduct compliance checks by engaging, with written consent of their parents or guardians, minors over the age of fifteen(15) years but less than eighteen(18)years,to enter the licensed premise to attempt to purchase tobacco,tobacco products,or tobacco related devices. Minors used for the compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco,tobacco products, or tobacco related devices when such items are obtained or attempted to be obtained as a part of the compliance check.No minors used in compliance checks shall attempt to use false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any ,.� exists, for which he or she is asked.Nothing in his section shall prohibit compliance checks authorized by State or Federal Laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 602.11 Other Illegal Acts: Illegal Sales: It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco,tobacco product,or tobacco related device to any minor. Illegal Possession: It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco,tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Illegal Use: It shall be a violation of this ordinance for any minor to smoke, chew, sniff,or otherwise use any tobacco,tobacco product,or tobacco related device. Illegal Procurement: It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco,tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco,tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Use of False Identification: It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 602.12 Violations: Notice: Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the violator of his or her rights to be heard on the accusation. Hearings: If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Hearing Officer: The city council shall serve as the hearing officer. (The city council may appoint an independent hearing officer). Decision: If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Appeals: Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the City of Lino Lakes. Misdemeanor Prosecution:Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. Continued Violation: Each violation,and every day in which a violation occurs or continues, shall constitute a separate offense. 602.13 Penalties: Subd. 1 Minors: Any person under the age of 18 who attempts to purchase tobacco, tobacco products, or tobacco related devices may incur administrative penalties as follows: A. First Violation: The city council may impose a civil penalty not to exceed$50 And/or require the person to attend tobacco related education classes,and/or participate in a diversion program and/or complete community service. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed$75 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. C. Third Violation Within 24 Months: The city council may impose a civil penalty not to exceed$100 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. Subd. 2 Individuals: Any person who purchases or provides tobacco,tobacco products, or tobacco related devices for a person under the age of 18 may incur administrative penalties as follows: A. First Violation: The city council may impose a civil penalty not to exceed $50 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed$75 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. C. Third Violation Within 24 Months: The city council may impose a civil penalty not to exceed$100 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. Subd. 3 Licensees: Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be subject to the following administrative penalties: A. First Violation: The city council may impose a civil penalty not to exceed $500 and/or a suspension of the license for a period of ten(10)days. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed$750 and/or s suspension of the license for a period of thirty(30) days. C. Third Violation within 24 Months: The city council may impose a civil penalty not to exceed$1,000 and/or suspension of the license for a period of one(1)year. 602.14 Exceptions and Defenses: Nothing in this ordinance shall prevent the providing of tobacco,tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. 602.15 Severability and Savings Clause: If any section of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction,that fmding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. 602.16 Summary: It is the intent of this ordinance to regulate the sale, �. possession, and use of tobacco,tobacco products, and tobacco related devices in the city of Lino Lakes and to reduce the illegal sale , possession, and use of such items to and by minors. This Ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes this 26"' day of April, 1999. Kimberly A. Sullivan, Mayor ATTEST: Marilyn G. Anderson, Clerk-Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: The following voted against same: Whereupon said ordinance was declared duly passed and adopted.