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HomeMy WebLinkAbout09/25/1989 Council Minutes (2)2941 COUNCIL MEETING SEPTEMBER 25, 1989 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:15 P.M., Monday, September 25, 1989. Council members present: Mayor Benson, Neal, Reinert, Bohjanen, Bisel. City Attorney Bill Hawkins, City Administrator Randy Schumacher, Public Works Director Don Volk, City Engineer Ron Stahlberg, City Planner John Miller, and Administrative Assistant Daniel Tesch were also present. CONSIDERATION AND APPROVAL OF MINUTES Work Session, September 11, 1989 - Mr. Bisel moved to approve the minutes as presented. Mr. Bohjanen seconded the motion. Motion carried with Mayor Benson abstaining. Regular Council Meeting, September 11, 1989 - Mr. Reinert moved to approve the minutes as presented. Mr. Bisel seconded the motion. Motion carried with Mayor Benson abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS September 25, 1989 -- Mr. Bohjanen moved to approve the disbursements as presented. Mr. Reinert seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under open Mike. CONSIDERATION OF ADOPTING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF BLAINE FOR SUNSET ROAD Mr. Bohjanen began the discussion by asking if this agreement would remain in effect until such time that the City of Lino Lakes would be able to service this area. Mr. Stahlberg replied that the city would never be able to serve this sectic, of the cit-. A joint powers agreement is the best way to handle this type of arrangement. Mr. Schumacher stated that the city has a policy of insuring that all residents pay the same fee for utilities, regardless of whether they hook -up with a neighboring community or not. Mr. Schumacher suggested that staff meet with the City of Blaine to arrange for this. Mayor Benson asked Mr. Schumacher if that meant we should hold off on approving this JPA tonight. Mr. Schumacher said yes. Mr. Reinert moved that city staff meet with Blaine and bring this issue back at its next meeting. Mr. Bisel seconded the motion. Motion carried. 1 1 29 COUNCIL MEETING SEPTEMBER 25, 1989 SET PUBLIC HEARING FOR REZONE OF RESHANAU PARK ESTATES, OCTOBER 23, 1989, 7:45 P.M. Mr. Reinert moved to set a public hearing for the rezone of Reshanau Park Estates for October 23, 1989 at 7:45 P.M. The motion was seconded by Mr. Bisel. Motion carried. SITE PLAN REVIEW, TAX INCREMENT FINANCE PLAN REVIEW, DEVELOPER'S AGREEMENT FOR MAIN STREET SHOPS (FORMERLY ROSS' CORNER SHOPPES) City Planner John Miller began his presentation by stating that after 3 years of work, it appeared as though this project was nearly ready to begin. He added that Mr. Jerry Anderson of Marcor properties, and Mr. Dan Boxrud of SEH were also present to speak. Mr. Anderson placed a plan of the site behind the council for viewing. He explained that the size of the site has doubled, and that they have a purchase agreement for the property to the east. The center now has 21,000 square feet, and parking has increased to 4.9 stalls per 1,000 square feet of space. Mr. Anderson continued that they have met Mr. Miller's issues, and will be sodding the boulevard and installing underground sprinklers. Mr. Bisel inquired about the county's thoughts on this issue. Mr. Anderson replied that the County had requested only 2 entrance /exits, but will not oppose 3. Mr. Anderson stated that they had met with the homeowners directly to the east of the property, Mr. and Mrs. Patrick Golden of 866 Main Street. Mr. and Mrs. Golden were consulted as to the type of screening and landscaping they would be comfortable with. At this time Mr. Dan Boxrud with the engineering firm of SEH was introduced to discuss drainage. Mr. Boxrud explained that the drainage of this property was to the south. Mr. Boxrud has also checked on the drainage of the First Star Bank and was able to determine tat the wate_ table for this area is at the bottom of the pond. He felt that if the bottom of the pond were made deeper, this would solve the drainage issue. Mr. Ron Batty with the firm of Holmes and Graven discussed the affect of this project on our Tax Increment Financing (TIF) district 1 - -3. He informed the council that the laws governing TIF projects has changed sl ightly, and now make them a safer bet for cities. The new plan was described as a "pay as you go" plan. No bonds are involved, and the developer is given a portion of the :increment as it is created. Therefore, if he does not pay his taxes, he will 296 COUNCIL MEETING SEPTEMBER 25, 1989 receive no increment. This reduces the risk to cities, especially if development does not occur. The agreements are fairly simple, and the city is able to recoup any costs incurred in the first year. Mayor Benson asked Mr. and Mrs. Golden if they were comfortable with the screening arrangements? They replied yes, and were happy that Mr. Anderson had visited them. They had 2 concerns, I was the possibility of a gun shop going into at the corner. Mr. and Mrs. Golden oppose hunting. The second concern was the safety of the intersection. Mr. Hawkins replied that a gun shop is a permitted use in this zone. Mayor Benson addressed the safety factor stating that by building this center, there would be greater visibility at the intersection. He added that we would eventually like to see a light at this intersection. Mr. Stahlberg stated that we do not yet qualify for a light under county standards at this intersection. Dollars for traffic signals are also scarce for the time being. Mr. Bohjanen asked Mr. Jim Winkles of Marcor Properties if a "sit down" restaurant were planned for this site. Mr. Winkles stated that some interest has been shown, but restaurants were very difficult to get off the ground. The idea of a car wash was also raised, but it was stated this would be a bad site for a car wash, and there was no room for one anyway. There is no room for expansion at this site. Mr. Bisel moved to approve the site plan for Main Street Shops as specified by the Planning and Zoning Committee, and recommended by Mr. John Miller. Mr. Neal seconded the motion. Motion passed unanimously. Mr. Bisel urged the residents to work through the planner on this project. Mr. Bohjanen moved to approve the Tax Increment Financing Plan as prepared by Mr. Ron Batty by adopting Resolution #68- 89. Mr. Bisel seconded the motion. Motion passed unanimously. See the end of the minutes for this resolution. Mr. Bisel moved to approve the developer's agreement as prepared by Mr. Ron Batty guaranteeing construction and schedules Marcor Pru_-erties for Main Street Shops. Mr. Reinert seconded the motion. Motion passed unanimously. Mayor Benson thanked the Goldens for coming to tonights meeting. MINOR SUJBDIVISION -- METROPOLITAN WASTE CONTROL COMMISSION Mr. Miller updated the council as to the situation regarding this manor subdivision. The Metropolitan Waste Control Commission is interested in purchasing a 12' x 30' parcel of land located on North Road. This land is the site of a meter 1 1 1 297,. COUNCIL MEETING SEPTEMBER 25, 1989 station . The Minnesota Department of Transportation inadvertently transferred its interest in the land to the adjacent property owners not knowing the station was there. The MWCC has reached an agreement with the property owner to buy back the site of the station. The planning and zoning board has recommended approval. Mr. Bisel moved to approve the variance and minor subdivision for the MWCC. Mr. Reinert seconded the motion. Motion carried unanimously. SITE PLAN REVIEW - PRAISE OF HIS GLORIES MINISTRIES Mr. Miller informed the Council of the request by Praise of His Glories Ministries for construction of a prayer center and garage at the east end of Holly Drive. Mr. Miller has included the planning and zoning recommendations in his packet to the council. Mayor Benson inquired as to whether there was room for expansion at this site. Mr. Miller said yes, but that he would never recommend expansion. Mr. Bisel asked Ms. Barbara Walker of PHG Church to explain their church. Ms. Walker explained that this was an Ecumenical Church, and the site was to be a silent prayer retreat for adults. They are presently located in Roseville, and are a non - profit organization. A questions was raised as to the traffic that this center would create. Ms. Walker replied, 2 -4 individuals on a daily basis, with 30 at 1 meeting a month. Mr. Bisel moved to approve this site plan, with the planner's recommendations for a change in the drain field. Mr. Neal seconded the motion. Motion carried unanimously. CITY PLANNER'S REVIEW AND RECOMMENDATION CONCERNING THE CITY OF CENTERVILLE'S COMPREHENSIVE PLAN AMENDMENT Mr. Miller explained that Metro Council requires that adjoining cities be notified if a city is amending their comprehensive plan. Mr. Miller noted that in Centerville's Plan, on page 22, there is a proposal to annex a portion of Lino Lakes that is just west of 35E. Mr. Miller met with a representative of Metro Council who suggested that the city take action to voice our opposition `o this plar. Mayor Benson agreed that this would a good idea. Mr. Hawkins added that it is virtually impossible for a city to annex a portion of another city without that city's blessing. Mr. Bisel voiced his concern that Centerville did not contact us with regards to their proposed annexation. He felt it did not make for good communications. Mr. Reinert moved to adopt Resolution 79 -89 opposing Centerville's proposed annexation per their draft Comprehensive Plan, and asked that it be forwarded to Centerville. Mr. Bisel seconded the motion. Motion passed unanimously. COUNCIL MEETING SEPTEMBER 25, 1989 PROJECT STATUS REPORT - SECOND AVENUE- Mr. Ron Stahlberg of TKDA presented on the overhead a cross section of the building up of second avenue. Mr. Stahlberg explained the various layers of geotextile fabric, granular and common borrow that we need to placed on second avenue. He added that he would be meeting with state officials for funding, DNR for permits, and then seek approval from the State Aid Engineer. We may also need to acquire some right - of -way for this project. Mr. Bisel asked Mr. Stahlberg how high above the ground would this sit. Three to four feet was his reply. The road will be 44 feet wide. He added that it will look just like fourth avenue when completed. Mr. Bisel inquired as to time lines for this project. Two to three months was the reply. Mr. Bisel asked if we were going to be using our old borings from this area. Mr. Stahlberg replied yes. Mr. Neal asked about easements. Mr. Stahlberg replied that they were being done now. Mr. Dale Tressler of Rustic Lane inquired how he would be able to access his property due to the proposed improved height of second avenue. He added that he felt the lots he had were saleable. Mr. Stahlberg stated that the lots Mr. Tressler owns are not saleable, unless he would acquire additional property from the adjoining owner. Mr. Jack Menkveld questioned how long the compacting material would be on the road, and what residents would be able to do in the mean time. Mr. Stahlberg replied that the compacting material would be on the road for as long as 6 months, during which time no one would be able to use the road. Mr. Neal questioned what residents of the road would do for access. Mr. Stahlberg replied that they would be able to use the present road off to the side of the improved orie. Mr. Bisel and Mr. Volk discussed possible additions of fill or sheer planes; problems associated with running a road through a swamp. Mayor Benson added that the County seems to be doing a better job of putting roads through areas with m- _r-ginal soils. Mr. Bisel moved to pro., ed with thi_.. project that is to include submitting plans and obtaining permits. Mr. Bisel added that this should have been completed 6 months ago. Mr. Reinert seconded the motion. Motion carried unanimously. STATUS OF STREETS IN LAKEVIEW PLACE Mr. Stahlberg informed the council that Braun Testing made recommendations on the streets in Lakeview Place, and that those recommendations were put into place. Mr. Bisel stated that this should be done prior to October 15, 1989. The council gave Mr. Stahlberg until the October 23rd meeting. Staff informed the Council that Mr. Roessler was 1 29 COUNCIL MEETING SEPTEMBER 25, 1989 anxious for the return of his money. The Council said that he would get his money when the job was completed. Mr. Volk suggested that a portion be retained until after the 1 year guarantee was completed. He would have a recommendation on this at the October 23rd meeting. One final item, Mr. Stahlberg informed the Council that Anoka and Ramsey County would be rebuilding Ash Street in 1991. The council agreed that this was good news. GAMBLING ORDINANCE DISCUSSION Mr. Hawkins explained that Mr. Schumacher had forwarded to his office a copy of the Blaine gambling ordinance. Recent legislation had allowed cities to require organizations obtaining gambling licenses with a city to expend all or a portion of those funds within the trade area of a city. Mr. Reinert questioned the term trade area. Mr. Hawkins said that was a term that needed to be defined by each municipality. It could be our corporate boundaries. Mr. Hawkins added that a recent Attorney General's opinion was not favorable to this new ruling, but it is also not binding. Mayor Benison requested that Mr. }Iawkins come back to the city with options on the percentage of proceeds that a city should require be expended, as well as a definition of a trade area. Mr. Hawkins stated that this was a council policy decision. Questions were raised as to the donating of funds to the American Cancer Society etc..., organizations that are not within our corporate limits. Ms. Cheryl Grigel of the Multiple Sclerosis Society inquired as to what National Societies were to do if all cities took this stance. Mr. Bisel responded that when the VFW donates proceeds back to the city in the form of emergency warning sirens, all residents benefit. Staff and Mr. Hawkins would be getting together to discuss options for the gambling ordinance. LIAISON REPORTS Mr. (Veal :informed the Council that Mr. Marty Asleson had joined the city as Parks Superintendent. Mr. Bisel had nothing other than what was in the council packet in the form of P &Z minutes. COUNCIL MEETING SEPTEMBER 25, 1989 CONSIDERATION OF AMENDING ASSESSMENT POLICY FOR UTILITY EXTENSIONS Mr. Schumacher explained Mr. Bisel's reasons for proposing this amendment. The underlying principle is that each housing unit would pay a single, unit price for utility hook- up fee versus a per foot fee. Therefore, if utilities run past your property, and you have the potential for 2 or more lots, you pay 1 unit fee per potential house. Mr. Hawkins added that if your lot can support only 1 house, then you would pay a single unit fee. He added that this is common practice in many other cities. Mr. Bisel said that this would help our bond consultant. Mr. Reinert stated that property with the potential to have more lots under a variance would have to be informed at that time that they may be required to pay more than for a single house. Mayor Benson felt that this was a good idea, but had some bugs that needed to be worked out. The Council discussed how this would work if it were presently being used with regard to some current developments. Mr. Miller felt it was an excellent idea, and should be pursued. Staff was directed to meet with our attorney, and engineer and work the kinks out of this proposal. CLARIFICATION OF MUSA BOUNDARY (RUSTIC LANE) Mr. Bisel felt that the city administrator should meet with these residents again and inform them of the councils proposed assessment policy change. This may affect their decisions. Mayor Benson agreed saying this should be run past them. Mr. Reinert felt we should wait until the policy was more polished. Mr. Bisel moved that staff not meet with residents at this time, but should work on the policy, and notify residents that the council will be discussing this item at the October 9th meeting. Mr. Reinert seconded the motion. Motion carried unanimously. RESO_.`_'TION 69 -89 AMENDING CDBG FUNDS TO ALL' W FOR A HOU';ING STUDY This resolution would the designation of a potion of our 1989 CDBG funds to allow for a housing study to be completed for the city. This request was from Ms. JoAnn Wright, Community Development Director from Anoka County. Mr. Bisel moved to approve this resolution. Mr. Bohjanen seconded the motion. Motion carried unanimously SETTING A BUDGET PUBLIC HEARING FOR OCTOBER 31, 1989. 1 1 1 COUNCIL MEETING SEPTEMBER 25, 1989 Mr. Reinert moved to table this item until we hear from the League of Minnesota Cities, or the Revenue Department with direction for completing deadline. Mr. Bisel seconded the motion, motion carried unanimously. Mayor Benson commented at this time that he felt the plan presented here tonight on Main Street Shops was well worth the wait, and thanked staff and the council for their work on this project. GAMBLING LICENSE REQUEST — NATIONAL MULTIPLE SCLEROSIS SOCIETY Mr. Reinert moved to table this item as the council was in the process of reviewing its gambling ordinance. Mr. Hawkins stated that if no action is taken tonight, it will be approved. Mr. Bohjanen asked Ms. Cheryl Grigel of the Multiple Sclerosis Society why his name was listed on their membership roster. Ms. Grigel replied that the Society considers any one who donates to their cause to be a member. Mr. Bohjanen stated that he was not a member, and suggested that in the future, they check with people prior sending out information with their names on it. Ms. Grigel stated that there were 153 registered members in this area. Mr. Hawkins again stated that we can only disapprove this request if they in some way do not comply with our ordinance. The council was unable to disapprove, no action was taken. CHARTER AMENDMENTS DISCUSSION Mr. Schumacher stated that he put this item on the agenda as it was going to the ballot in November, and was requesting direction on how the council would like to handle the amendments. The council and the charter commission both approved the amendments. Mr. Reinert felt it was a good idea, but add: `..hat perhaps it should be brought before the Charter Commission prior to issuance. Mr. Bisel agreed and added that he felt the issue was clouded by misinformation, and the amendments were a good compromise. Mr. Reinert approved the development of a flyer and directed it be brought up before the charter commission prior to issuance. Mr. Bohjanen seconded the motion. Motion carried unanimously. A motion was made by Mr. Bisel to adjourn at 9:50 P.M.. A second was made by Mr. Reinert. Motion carried. 3 01 Jo COUNCIL MEETING SEPTEMBER 25, 1989 These minutes were considered and approved at a regular Council meeting held on October 9, 1989. ()` Mari Anderson, Clerk- Treasurer 1 Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 68 - 89 RESOLUTION APPROVING A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.1 -3 BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota, as follows: Section 1. Recitals. 1.01. The City of Lino` "Lakes (City) approved the creation of Development District No. 1 (District) and adopted a program (Program) for the District in accordance with Minn. Stat. Sections 469.124 through 462.134 (Development District Act) on , 198_. 1.02. The City has previously approved the creation of two tax increment financing districts within the District and adopted plans for the TIF districts pursuant to Minn. Stat. Sections 469.174 through 469.179 (TIF Act). 1.03. The City has determined to create a third tax increment financing district within the District (TIF District No. 1 -3) in order to promote development of an area of the City which is in need of redevelopment. 1.04. The City Council has authorized the preparation of a plan (Plan) for TIF District No. 1 -3 which is contained in a document entitled Fax Increment Financing Plan, Tax Increment Financing District No. 1 -3, City of Lino Lakes, Minnesota," dated September 25, 1989. 1.05. Copies of the Plan have been forwarded to Independent School District No. 831 and to Anoka County along with a notice of the public hearing as required by the TIF Act. 1.06. The City's planning and zoning board has reviewed the Plan and on , 1989, found the Plan to be consistent with the City's general plans for development. 1.07. The City Council has fully reviewed the contents of the Plan and has this date conducted a public hearing thereon at which the views of all interested persons were h'eard. Section 2. Findings; Tax Increment Financing District. 2.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the District and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to provide public financial assistance to the District. 2.02. It is further found and determined, and it is the reasoned opinion of' the City, that the development proposed in the Plan could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary. 2.03. The land acquisition and other expenditures proposed to be financed through tax increment financing are necessary to permit the City to realize the full potential of the District in terms of development intensity, employment opportunities and tax base. 2.04. The Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of TIF District No. 1 -3 by private enterprise. 2.05. The City Council has relied upon the opinions and recommendations of its staff and planning and zoning board and the personal knowledge of the members of the council in reaching its conclusions regarding the Plan and the establishment of TIF District No. 1 -3. 2.06. Based upon an investigation and report by city staff and on file with the city administrator, the City Council finds that TIF District No. 1 -3 is a redevelopment tax increment financing district within the meaning of Section 469.174, subd. 10(a}{2) of the TIF Act. Section 3. TIF District Established; Certification; Filing. 3.01. The Plan for TIF District No. 1 -3 is hereby approved and adopted. TIF District No. 1 -3 is hereby established. 3.02. The geographic boundaries of TIF District No.1 -3 are as described in the Plan, which is hereby adopted by reference. 3.03. The city clerk is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the Plan to the auditor of Anoka County with a request that the orig=nn& tax capacity or the property within TIF District No. 1 -3 be certified to the City pursuant to Section 469.177, Subd. 1 of the TIF Act and to file a copy of the Plan with the Minnesota commissioner of revenue as required by the TIF Act. 1 1 1 1 3.04. With respect to Minnesota Statutes, Chapter 473F, the City elects TIF District No. 1 -3 to be treated under the provisions of Section 469.177, Subd. 3(b) of the TIF Act. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted by the Lino Lakes City Council this ;;>> day of _%. , 1989. CITY OF LINO LAKES ATTEST: enjam Benson, Mayor Marilyn G. A`nderson, City Clerk - Treasurer LN140 -1 305 306 CITY OF LINO LAKES RESOLUTION NO. 69 -89 A RESOLUTION - AMENDING THE DESIGNATION OF A PORTION OF LINO LAKES 1989 COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT FUNDS TO ACCOMMODATE A LOCAL HOUSING STUDY WHEREAS, the Community Development Block Grant Program is a federal grant program administered through Anoka County, and WHEREAS, earlier in the year the Lino Lakes City Council designated a portion of it's funds towards economic development, and WHEREAS, the Lino Lakes Economic Development Committee authorized a study be conducted which would determine housing needs and trends by which the City Council could better serve the housing needs of it's residents, and WHEREAS, the Anoka County Community Development Director has requested the more specific designation of Housing Study be applied to this project, NOW THEREFORE BE IT RESOLVED: That the Lino Lakes City Council hereby changes the designation of up to $7,680.00 of it's CDBG Economic Development Funds to Housing Study Funds per the Anoka County CDBG Office. Adopted by the Lino Lakes :;icy Council this 25th day of October, 1989. 7 G'f /J -t lar1ilyn G. Anderson, Clerk Treasurer enjam G. Benson, Mayor 1 CITY OF LINO LAKES RESOLUTION #70 -89 A RESOLUTION IN OPPOSITION TO ANNEXATION GOALS APPEARING IN THE CITY OF CENTERVILLE'S DRAFT COMPREHENSIVE PLAN WHEREAS, the City of Centerville has prepared a draft comprehensive plan; and WHEREAS, adjacent municipalities are afforded by law the right to review and comment on plan content as it affects them; and WHEREAS, the draft plan submitted to Lino Lakes for review includes "Annexation Goals" and "Annexation Policies" that :include annexation of approximately 110 acres of land within the corporate limits of the City of Lino Lakes; and WHEREAS, the land at issue includes the southwest quadrant of the I -35E and County Road 14 diamond interchange; and WHEREAS, the City of Lino Lakes is able to provide full municipal services to the land including fire, police, utilities, and planning; and WHEREAS, landowners planning and engineering representatives have contacted the City of Lino Lakes with :in the last 30 days regarding development of the land; and WHEREAS, the Lino Lakes' Economic Development Committee has determined that orderly development of the land adjacent to the interchange is most likely to occur with only a single unit of local government involved in the planning process; and, WHEREAS, the City of Centerville does not maintain the same high - quality development standards followed by the Lino Lakes Planning and Zoning Board and City Council; NOW THEREFORE BE IT RESOLVED: That the City Council of the City of Lino Lakes goes on public record as opposing any annexation of city land to the City of Centerville and hereby directs its administrative and planning staff to bring this opposition to the a;:tention of the City of Centerville and to all review agencies including the Twin Cities Metropolitan Council. Adopted by the Lino Lakes City Council this 25th day of September, 1989. t1ar lyn G. Anderson i} i Benson Cit Clerk Mayor 3O?