Loading...
HomeMy WebLinkAbout05/08/1995 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES MAY 8, 1995 TIME STARTED 6:3'0 F.M. TIME MEMBERS PRESENT: Reinert, Neal, Kuether, Ell ott Bergeson MEMBERS ABSENT None Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Marty Asieson; 20/20 Coordinator, Kim Sullivan; Assistant to the City Administrator, Dan Tesch; Building Inspector, Peter Kluegel; City Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the consent agenda as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM DISPOSITION Council Minutes, April 24, 1995 Approved Council Work Session, March 22, 1995 Approved Council Board of Review, April 17, 1995 Approved REGULAR AGENDA OPEN MIKE 20/20 Vision Update, Kim Sullivan - Ms. Sullivan thanked the City Council, Advisory Group Leaders and staff who attended the mid- PAGE 1 12 COUNCIL MEETING MAY 8, 1995 term forum on Saturday, April 29, 1995. The purpose of the mid- term forum was to share ideas and provide a view point as to where each group is headed. She noted that the project is on track, and the groups have done a good job of "visioning ". Ms. Sullivan noted that "visioning" is not what anyone expected. "Visioning" is not problem solving or process development but is a statement of desired outcome. At this point, "visioning" is from the citizens standpoint. It is also the first step in the planning process. This step will be finished at the end of May or the middle of June when completed recommendations from each group are given to the City Council. The next step in the process is implementation. The official document will be given to the City Council. The information in the document should be reviewed by the City Council and a determination should be made on how the statements can and should fit with what is currently being done by the City Council. This is the point where the staff does an indepth review. Does the City currently have these things in place or are there adjustments to be made? The process will move from a citizen focus to a city focus and will try to combine the two (2) visions. Ms. Sullivan noted that there is some confusion over what are each others roles. She used an example from the Growth Planning Advisory group. They have a vision, "for Lino Lakes to be recognized with closely knit neighborhoods, citizens who work closely with government and be an environmental friendly place to come home to ". Ms. Sullivan said this should give City staff a focus. She explained that this is what the citizens are looking for and while it may not be possible or even probable to put into place all of the action plans that are being devised, this is the way the citizens feel the action "visions" should be implemented but not the only way. They understand very clearly that there may be reasons why things they have recommended cannot be implemented the way they have recommended them. However, it is important for the City Council and staff to understand the intent of the vision so in time they can be implemented. Ms. Sullivan read the recommendation from the Growth Planning Advisory Group, "the City should foster a sense of community through careful planning and design. In addition, the City should promote a sense of identity that captures the unique attributes that Lino Lakes has to offer within the community ". The action list for this "vision" includes, create and maintain cooperation between the City and various service or civic organizations. Ms. Sullivan explained that when the City receives this document, an analysis should be made to determine whether or not there is a process to do what this advisory group PAGE 2 1 1 1 COUNCIL MEETING MAY 8, 1995 is requesting or does the City have to implement some other measure. Council and staff should ask what is it that the citizens want from this? Ms. Sullivan gave an example of how the City is already implementing this step. She referred to the Economic Development Assistant who is taking a very active role in moving the Chamber of Commerce forward so that it will become a real support for the City and the businesses in the City and the surrounding communities. Ms. Sullivan explained that from now on the City Council will be getting more information from the advisory groups. The focus will be shifting from the citizens and their "visioning" to how will their recommendations be implemented. The Council and staff will take time to determine if the recommendations are already implemented or what does the City need to do differently, if anything. "Visioning" is not a report card. Because there are recommendations in the visioning statements and the City has some of the processes currently in place, it does not mean that the City is not doing what the citizens want them to do. It means that the citizens are asking the City to recognize that there are two (2) very similar trains of thought. Ms. Sullivan noted that the citizens looked at what was in place for economic development. They are very supportive of what plans are in place and what direction the City is headed. Although they may make recommendations or additions or support the development process, she asked that the Council understand that the citizens do not feel that the City is doing a bad job. It means that it is important enough to the citizens to make it a highlight of their recommendations. Ms. Sullivan provided copies of the agendas for the advisory groups so that if the City Council and staff found a particular issue that they would like to come and listen to they could adjust their schedules. At this point the focus and responsibilities will be shifting from the citizens groups to City staff. Ms. Sullivan will be working more closely with staff and Council to help them to analyze the vision statements according to what is currently being done and to look at ways to implement the recommendation or highlight them. It is fully expected that there will be comments from the City Council such as how supportive the 20/20 Visioning groups are of the City Council and highlight some things that could be changed. Ms. Sullivan felt that the citizen recommendations are well considered and very common sensed. She said the citizens have put a lot of work into the "visioning" statements and they should be a valuable instrument in letting the City Council know what the citizen direction is and how closely the City fits this direction. The purpose is to see that the City Council, staff PAGE 3 14 COUNCIL MEETING MAY 8, 1995 and citizens are all on the same track and have the same picture of where the City is headed. Once this is determined, then the City Council and staff have to move to the balance of the planning process. City Council and staff will look at department plans and how departments prioritized the issues addressed in the 20/20 Visioning. Ms. Sullivan invited staff and City Council to attend the meetings as visitors. She felt that attendance at these meetings will give a better understanding of what the citizens are expecting and allow opportunity for feedback. Ms. Sullivan said that when something is said that is not understood, the City Council and /or staff can come to her or Dan Tesch to be sure that the communication is there. The advisory groups are in the middle of a focus shift and are on track and moving forward. The "visions" will be finalized in the next two (2) weeks and work will done on the final presentation to the City Council. Ms. Sullivan encouraged the City Council and staff to let her or Mr. Tesch know if they have any questions or concerns. Mayor Reinert thanked Ms. Sullivan for her report. CONSIDERATION OF DISBURSEMENTS: April 30, 1995 - Council Member Elliott moved to approve the disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. May 8, 1995 - Council Member Kuether moved to approve the Y . PP disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Elliott moved to approve the disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF A NORTH CENTRAL CABLE TV REPORT, DAN TESCH Mr. Tesch presented the annual report for the North Central Suburban Cable Communications Commission (NCSCCC). He explained that the report contained information regarding projects that were completed in 1994 and statistics regarding the number of subscribers in Lino Lakes as well as the number of potential subscribers and franchise fees paid to the City. Mr. Tesch noted some projects and issues that were considered during 1994. These include: PAGE 4 1 1 1 1 1 COUNCIL MEETING - Rate Regulation MAY 8, 1995 - The second round of FCC rate regulations were implemented which had the direct affect of reducing subscribers rates. - Telecommunication Legislation - A bill was introduced into the Legislature which would have regulated use of municipal rights -of -way by new communication providers. This legislation did not pass in 1994 but will be re- introduced. - Transfer of Community Programming - The NCSCCC has begun negotiations with Meredith Cable to establish a non - profit corporation which would oversee community programming. Mr. Tesch further explained the proposed telecommunation legislation. Telephone communications are now able to provide cable service to homes through the telephone lines presently in place. They are not affected by community programming and do not pay municipal franchise fees. The telephone is basic and is needed, however, a cable company is a for profit business providing entertainment and goes through municipal rights -of -way. Therefore, if telephone companies are going to provide services other than basic telephone, there is the need to re- evaluate to determine if telephone companies should be classified in the same manner as cable TV. Mr. Tesch explained that the NCSCCC is investigating whether they should be taking responsibility for community programming from the cable TV company. The cable companies are required to provide this service but do not want the responsibility. NCSCCC feels that they may be able to do a better job of community programming and have decided to establish a nonprofit corporation in case that NCSCCC decides to follow through on this program. Council Member Kuether asked how many subscribers does Meredith Cable serve at this time. Mr. Tesch said about 25,000. Council Member Kuether noted that cable companies who have less than 15,000 customers are no longer bound by some legislation passed earlier. Mr. Tesch noted other savings contained in the earlier legislation; 1) cable company no longer can charge for cable T V remote control devices, 2) cannot charge for additional outlets in the home, and 3) reduced some costs for maintenance and repair service. Mayor Reinert thanked Mr. Tesch for his report. PAGE 5 16 COUNCIL MEETING MAY 8, 1995 PLANNING AND ZONING REPORT, MARY RAY WYLAND Consideration of Preliminary Plat for Behm's Century Farms - Ms. Wyland used the overhead project and explained that the City Council reviewed this request at the April 24, 1995 City Council meeting. The request involves a 105 single family lot subdivision, a rezone from Rural to Single - Family (R -1) for a portion of the Lino Air Park lots that are intended to be included in this subdivision, and a Planned Development Overly (PDO) for the Lino Air Park lots. At the Council meeting there were several questions raised concerning the subdivision and PDO for the Lino Air Park lots. Since the meeting, staff has reviewed the Council concerns with the developer and the following paragraphs outline the resolution to the concerns. Concerning the temporary cul -de -sac at the end of the 1st addition, the developer has decided to increase the 1st addition by two (2) lots which will allow a temporary cul -de -sac to be constructed at an intersection. This arrangement meets the requirements outlined in the staff report of April 7, 1995 and concurs with the Planning and Zoning Board recommendation. The developer has discussed two (2) options pertaining to the "abut" lot detailed in the April 7, 1995 planning report. Option No. 1 would involve the placement of restrictive covenants on the two (2) corner lots which would insure their orientation to the north, rather than the east or west, thus eliminating the "abut" lot problem of back yards abutting side yards. Option No. 2 would eliminate the "abut" lot completely, however, this option is less desirable from the developers standpoint. The third concern expressed by the City Council involved the development of protective covenants on the Lino Air Park lots. Staff has completed a detailed review of the proposed covenants with the developer. A copy of the covenants were included with the City Council packets for their review. It is recommended that the covenants be made a part of the subdivision approval. Prior to the final plat, staff will insure that the covenants are recorded with the Lino Air Park lots and made a permanent part of the development agreement. Ms. Wyland recommended that the City Council approve the preliminary plat as shown on the overhead projector with conditions outlined in the April 7, 1995 planning report which include the revised restrictive covenants, a revised plat indicating a north orientation with deed restrictions on the lots east and west of the "abut" lot, and the construction of a temporary cul -de -sac at the north /west terminus of the first addition. PAGE 6 1 1 1 COUNCIL MEETING MAY 8, 1995 Council Kuether referred to the restrictive covenants and read Item No. 8, "the hangars are for the exclusive use of the property owner for storage of airplanes ". She did not feel this covenant was necessary and was too restrictive for people who would be second or third home buyers and do not have airplanes. Council Member Kuether noted that another restrictive covenant requires that the hangars not be used for commercial purposes. Council Member Kuether referred to the restrictive covenants and read No. 11, "property owners may be allowed two (2) years from occupancy to construct a hangar ". Ms. Wyland explained that this covenant was added so that airplanes would not be stored outside for more than two (2) years. Council Member Kuether suggested that this covenant be tied to the purchase of the airplane rather than the construction of the hangar. She noted again that some buyers may not have airplanes. Ms. Wyland suggested that the covenant read, "property owners may be allowed two (2) years from the purchase of an airplane to construct a hangar ". Council Member Kuether agreed. Council Member Neal asked if a street will be constructed from Sunset Road to Lake Drive. Mr. Powell explained that the line that Council Member Neal is referring to is an easement for a drainage ditch. Ms. Wyland explained that Thomas Street will never be extended to the west because of a large drainage ditch. Council Member Kuether moved to approve the preliminary plat with conditions outlined in the April 7, 1995 planning report which include the revised restrictive covenants, a revised plat indicating a north orientation with deed restrictions on lots east and west of the "abut" lot, and the construction of a temporary cul -de -sac at the north /west terminus of the first addition, with the revision of restrictive covenant No. 8 to read, "property owners may be allowed two (2) years from purchase of airplane to construct a hangar" and revision of restrictive covenant No. 11 beginning with "property owners" to read, "property owners may be allowed two (2) years from the purchase of an airplane to construct a hangar ". Council Member Bergeson seconded the motion. Motion carried unanimously. SECOND READING, Ordinance No. 07 - 95 Rezone from Rural (R) to Single Family Residential (R -1), Behm's Century Farms - Ms. Wyland explained that the City Council approved the FIRST READING of this ordinance at their April 24, 1995 meeting. The rezone pertains to Lots 10 through 16, Block 2 of the existing Lino Air Park North plat and is necessary to facilitate the development of Behm's Century Farms, first and second additions. Council Member Elliott moved to approve the SECOND READING of PAGE 7 COUNCIL MEETING MAY 8, 1995 Ordinance No. 07 - 95 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 07 - 95 can be found at the end of these minutes. SECOND READING, Ordinance No. 08 - 95, Planned Development Overlay (PDO) for Lino Air Park Lots - Ms. Wyland explained that the City Council approved the FIRST READING of this ordinance at their April 24, 1995 meeting. The ordinance places a PDO onto a portion of the Lino Air Park North plat that is being incorporated into the Behm's Century Farms development. The PDO will contain all provisions approved in review of the preliminary plat. Council Member Bergeson asked if this action makes these lots essentially the same as the existing Air Park lots. Ms. Wyland explained that the lots in Behm's Century Farms will be smaller and the PDO will place more restrictive conditions on them. Council Member Kuether moved to approve the SECOND READING of Ordinance No. 08 - 95 and dispense with the reading, rezoning the Behm's Century Farms Air Park lots to R -1 with a PDO. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 08 - 95 can be found at the end of these minutes. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of a Petition Requesting an Environmental Assessment Worksheet (EAW) for Trapper's Crossing - Mr. Powell explained that the Environmental Quality Board (EQB) received a petition requesting that an EAW be prepared for the Trapper's Crossing subdivision. The petition was forwarded to the City of Lino Lakes on March 29, 1995 for the City to decide on the need for an EAW. The petition was referred to SEH, the consultant assigned to this project, to make a recommendation regarding the petition. SEH has determined that preparation of an EAW for this project is not mandatory. As the project is also not specifically exempted, the City must decide in accordance with Minnesota Rules, Part 4410.1100, Subpart 6, whether or not an EAW is to be prepared. Based on the SEH review of the petition it appears that the petition fails to demonstrate the project may have the potential for significant environmental effects. Therefore, preparation of an EAW is not required. Regardless of the City Council's action on this matter, the concerns noted by the nearby residents at the May 3, 1995 City Council work session will be forwarded to the developer for consideration during final design of the improvements. The PAGE 8 1 1 1 COUNCIL MEETING MAY 8, 1995 developer should also be directed to monitor the drainfield at 6275 Holly Drive to determine if the subdivision improvements are rendering it unusable. Mr. Powell noted that Mr. Rocky Keehn and Ms. Bettendorf who prepared the review letter from SEH are in the audience and are available to answer questions. Council Member Neal asked who would pay for the EAW if the City Council would require preparation of one. Mr. Powell explained that if an EAW would be prepared, the developer would pay the cost. Council Member Elliott moved to deny the EAW petition for the reasons presented in the SEH letter to Ms. Wyland dated April 20, 1995. Council Member Bergeson seconded the motion. Chris Lyden, 6275 Holly Drive - Mr. Lyden said he is concerned because this process started March 29, 1995 when the EQB sent a letter to the City. The reason the citizens had concerns initially is because Trapper's Crossing has been in process for over a year and yet the residents have not seen any detail work on the water run -off effects. Mr. Lyden noted that this plat still has not been approved by Rice Creek Watershed District (RCWD). He said that the residents concerns led them to petition for the EAW. Mr. Lyden referred to the March 29th letter, item No. 4, which states that the City has 30 working days to determine if the petition is to be approved or denied. He expressed concern regarding the process. SEH sent a letter to the City on April 20, 1995 and it was not considered by the City Council until the May 3, 1995 work session. In the meantime, citizens obtained a copy of the SEH letter and appeared at the May 3, 1995 meeting to ask questions about its contents. At that meeting the citizens were told that the City Council was just now reviewing the letter and would be addressing it this evening. Mr. Lyden explained that the deadline for action on the EAW petition was this evening and asked when was there any opportunity for citizens to review the report with the City Council so that an amicable decision could be made? Could the SEH response have been reviewed earlier to provide more dialogue and a better understanding could have been reached? Mayor Reinert noted that at the work session, Council Members were asked to contact Mr. Powell if they had any concerns or questions about the SEH letter and recommendation. Mr. Powell explained that at the work session, he commented that the citizens received a copy of the SEH letter before the City Council did. He felt that this was inappropriate because PAGE 9 COUNCIL MEETING MAY 8, 1995 telephone calls would be generated and City Council would be caught uninformed. Mr. Powell explained that when staff is assigned a particular task, they prefer discussing the task with the City Council at a meeting rather than just handing them a document. The first opportunity that staff had to review the SEH letter with the City Council and answer questions was at the May 3, 1995 Council work session. Mr. Lyden said that some of the citizens feel that it is inappropriate that a time constraint be put on this situation because it does not leave an opportunity for the citizens to have any input or have a good dialogue. Mr. Lyden referred to Mr. Powell's "green sheet" and read the sentence that recommended that the developer be directed to monitor the septic system at 6275 Holly Drive, his home. He felt that this was a strong statement. Mr. Lyden asked Mr. Hawkins who is responsible for seeing that the developer follows through on this direction? What happens if there is an impact on the drainfield. Mr. Powell's sentence does not carry much weight. What does monitor mean? Mayor Reinert explained that Mr. Lyden brought this matter to the City Council's attention at the work session and this is addressed as a curtesy to Mr. Lyden. Mr. Lyden asked who is going to monitor the septic system and at what cost to whom? Mr. Powell read the entire sentence in his "green sheet" and explained that it is the developers responsibility to specifically monitor the drainfield periodically and especially to get a good look at what is there before any development begins. Periodic inspection should continue particularly after significant grading of the ponds and outlets takes place. Mr. Powell said that the developer will ultimately have to deal with any adverse affects if any occurs. He suggested that the City Council motion should include language indicating that the developer will be doing the monitoring and repair /replacement at his cost, if adverse affects occur. Council Member Kuether asked if there should be a signed document stating that Mr. Lyden is giving authority for the developer to enter his property to monitor and repair /replace if necessary? Mr. Lyden said that Mr. Hokanson has access to his property to monitor the drainfield throughout the life of the improvements. Mr. Lyden asked if the developer has full responsibility for monitoring and repair if there is a failure? Mayor Reinert said yes but strongly urged that the system be inspected prior to development, during development and after the development is completed. Mr. Lyden noted that one reason for requesting the EAW was to PAGE 10 1 1 1 COUNCIL MEETING MAY 8, 1995 address the control of the volume of water leaving the development. The citizens feel that since there is no control, a lake could be created in this area. Mr. Powell explained that the general requirement is that the rate of run -off is controlled but the volume is not. With the size of existing wetlands, water bodies and downstream waterways, SEH's review has indicated that there is no concern regarding the volume. Mr. Powell felt that SEH has responded completely to the concerns raised in the petition and were very thorough in reviewing the hydrology in relation to specific questions. Mayor Reinert noted that the SEH letter outlines the basis on which ponds are placed in any development throughout the City. Council Member Bergeson asked Mr. Powell to comment on when the preliminary plat will go to RCWD. Mr. Powell said that it should go to the next meeting this month. At this time a permit has not been issued. Council Member Bergeson noted that there is a motion on the floor dealing with only the petition for the EAW. He suggested that after the Council takes action on this motion, another motion should be introduced instructing staff to forward the concerns of the residents to the developer. Voting on the motion, motion carried unanimously. Council Member Bergeson moved to direct City staff to forward to the developer the concerns raised at the work session and this evening and also directing the developer to monitor the drainfield at 6275 Holly Drive to determine if there is any affect on the drainfield at the developers cost. Council Member Elliott seconded the motion. Motion carried unanimously. Mr. Powell noted that staff will be notifying the EQB and will take the necessary steps to publish the decision of the City Council. Consideration of Resolution No. 95 - 59 Restricting Parking on North Road - Mr. Powell explained that in order to allow the intersection of North Road and Lake Drive to function properly, parking cannot be allowed on North Road. The banning of parking on North Road must be formally approved by the City Council, with a copy of the resolution forwarded to MnDOT, to facilitate final approval of the plans by the State. The construction documents include installation of the no parking signs as part of the Lake Drive (CSAH 23) /Hodgson Road (Highway 49) project. Council Member Kuether moved to adopt Resolution No. 95 - 59 as presented. Council Member Elliott seconded the motion. Motion PAGE 11 2 COUNCIL MEETING MAY 8, 1995 carried unanimously. Resolution No. 95 - 59 can be found at the end of these minutes. PARK BOARD REPORT, MARTY ASLESON Consideration of a Donation for Park Trails in Shenandoah Subdivision - Mr. Asleson explained that Mr. and Mrs. Lund wish to donate the westerly 32 feet x 133 feet of their property at 480 Arrowhead Drive to the City for park trail location purposes. There is an existing ditch which physically separates this 32 foot wide strip of land from the balance of their 114 foot lot (total frontage of 146 feet) making maintenance difficult. Mr. and Mrs. Lund are willing to donate this property to the City in exchange for the following items: 1. A new certificate of survey of each new parcel indicating the new property line. The approximate cost of the survey is $400.00. 2. An appraisal of the property to facilitate a partial mortgage release. The approximate cost of the appraisal is $400.00. 3. A partial mortgage release from the lender. cost of the mortgage release is $250.00. 4. Miscellaneous Anoka County recording fees. cost of the recording fees is $25.00. Other associated costs with this project include: The approximate The approximate 1. Trail preparation, concrete pipe extension (approximately 30 feet), 100 cubic yards of fill for the ditch crossing. The approximate cost of these items is $3,000.00. 2. Trail grading and placement of base rock. The approximate cost would be $800.00. The total project cost is approximately $5,000.00. The Park Board considered the donation at the May 1, 1995 meeting and made a motion recommending approval and use of Park Dedicated Funds to accept and expedite the project. Council Member Kuether question the need for a mortgage release which would cost approximately $250.00. Mr. Hawkins explained that this is not unusual because lenders do not want to PAGE 12 1 1 1 COUNCIL MEETING MAY 8, 1995 jeopardize their security (property). Council Member Elliott moved to approve the Park Boards motion as presented. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF THE BUILDING DEPARTMENTS FIRST OUARTER REPORT, PETER KLUEGEL Mr. Kluegel presented his Building Activity report for the first three (3) months of 1995. There were 63 building permits issued during the first quarter of 1995 with a valuation of $4,586,944.00. This represents a decrease of 45 permits and $3,774,850.00 of valuation from the first quarter of 1994. A total of 33 single family home permits were issued and this represents a decrease of 43 permits issued in 1994. A commercial remodeling permit was issued to Miller's on Main restaurant, formally Lee's of Lino Lakes. Mr. Kluegel noted that residential home activity has increased early in the second quarter. Commercial and institutional building projects are proposed in the Apollo Business Park, at the Minnesota Correctional facility and at the Anoka County Corrections facility in 1995. Mayor Reinert noted that new home construction is down significantly from last year. Council Member Kuether moved to accept the Building Activity report. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 95 - 58 CALLING A PUBLIC HEARING ON THE MODIFICATION OF TAX INCREMENT FINANCING (TIF) DISTRICT 1- 4, BRIAN WESSEL Mr. Wessel used the overhead projector to show the proposed location for Blue Heron Ltd. in the Apollo Business Center. He explained that the Economic Development Authority (EDA) has authorized preparation of a modification of TIF District No. 1 -4 in the Apollo Business Center. The modification will provide public assistance for Blue Heron LTD., a 20,196 square foot facility for leasable manufacturing and warehouse space in the G.M. Development portion of the Business Center. Once the City Council sets the public hearing, Anoka County and the Centennial School District will receive copies of the proposed modification for review. The public hearing is scheduled for 6:30, June 12, 1995. PAGE 13 COUNCIL MEETING MAY 8, 1995 Mr. Wessel noted that construction is scheduled for the first week in July, 1995. Council Member Kuether moved to adopt Resolution No. 95 - 58 call a hearing for the modification of TIF Financing District No. 1 -4. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 58 can be found at the end of these minutes. CITY ATTORNEY'S REPORT, BILL HAWKINS Consideration of Approving a Purchase Agreement for Well Site No. 3, LaMotte Property, Birch Street - Mr. Hawkins explained that he met with Mr. and Mrs. LaMotte just prior to the meeting this evening. The LaMotte's have proposed a slight change in location of the well site. The proposed change should be discussed with the consulting engineer on this project. Mr. Hawkins recommended that the matter be tabled until the May 22, 1995 Council meeting. Council Member Elliott moved to table action on this matter until the next City Council meeting. Council Member Bergeson seconded the motion. Motion carried unanimously. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of an Application for Authorization for Exemption from Lawful Gambling License, Lino Lakes Elementary Parent Advisory Group - Mrs. Anderson explained that each year the Lino Lakes Elementary Parent Advisory Group conducts one raffle to raise money for their school related projects. This is the only gambling occasion that they cdnduct. State Law allows non - profit organizations to apply for an exemption from obtaining a gambling license if they hold fewer than five (5) gambling occasions per year. A copy of the Application for Exemption from Lawful Gambling License was included in the City Council packets for their review. Council Member Bergeson moved to approve the Application for Authorization for Exemption from Lawful Gambling License. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of an Application for a Block Party for Birch Wood PAGE 14 1 1 1 1 1 1 COUNCIL MEETING MAY 8, 1995 Acres - Mrs. Anderson explained that she has received an application for a block party for the east portion of River Birch Place cul -de -sac for June 11, 1995. Attached to the application was a petition signed by all of the homeowners on this portion of the street. The application was reviewed by the Public Works Supervisory and the Chief of Police. They have indicated that there are no problems with the request. Council Member Elliott moved to approve the application for a block party of the east portion of the River Birch Place cul -de- sac. Council Member Kuether seconded the motion. Motion carried unanimously. National Correctional Officer Week - Mayor Reinert read a letter received from Anoka County Sheriff Lawrence Podany inviting the City Council and staff to an open house on Monday, May 15, 1995 from 1:00 P.M. to 4:00 P.M. REMINDER, Council Team Building Session, Tuesday, May 16, 1995, 8:30 A.M., Wargo Nature Center. Council Member Bergeson moved to adjourn at 7:37 P.M. Council Member Elliott seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on May 22, 1995. v'i'a -.k- Marilyn #. Anderson, Vernon F. Reinert, Clerk - Treasurer Mayor PAGE 15 Council Member its adoption: Elliott introduced the following ordinance and moved CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 7 -95 AN ORDINANCE AMENDING ORDINANCE B1 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM RURAL (R) TO SINGLE FAMILY RESIDENT /AL (R -1) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: /. Ordinance No. B1 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 13, 1992 is hereby amended by rezoning from Rural (R) to Single Family Residential (R -1), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: All of lots 10, 11, 12, 13, 14, 15, and 16, Block 2, Lino Air Park North Tying in Section 7, Township 31, Range 22, Anoka County, Minnesota including that part of Thomas Street adjacent to said lots. //. Save as above amended, said ordinance No. B1 shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the City Council of the City of Lino Lakes this 8th day of May, 1995. ATTEST: Marilyn G Anderson, Clerk- Treasurer Vernon F. Reinert, Mayor 1 1 Ordinance No. 7 -95 page 2 The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: Neal Whereupon said ordinance was declared duly passed and adopted. Council Member its adoption: Kuether introduced the following ordinance and moved CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 8 -95 AN ORDINANCE AMENDING ORDINANCE B1 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE TO R -1 WITH A PLANNED DEVELOPMENT OVERLAY (PDO) (BEHM'S AIR PARK LOTS). The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. B1 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 13, 1992 is hereby amended by rezoning to R -1 with a Planned Development Overlay (PDO) (Behm's Air Park Lots), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: That part of lots 10, 11, 12, 13, 14, 15, and 16, Block 2, Lino Air Park North lying in Section 7, Township 31, Range 22, Anoka County, Minnesota lying northerly of the following described line: Commencing at the Northeast corner of lot 10, thence westerly along the north line of lot 10 a distance of 33.07 feet to the point of Beginning. Thence along an assumed bearing of South 31 degrees 41 minutes 54.5 seconds West, a distance of 351.89 feet; thence South 87 degrees 35 minutes 09.2 seconds West, a distance of 646.67 feet; thence South 78 degrees 03 minutes 47.4 seconds West, a distance of 181.09 feet; thence North 89 degrees 40 minutes 41.8 seconds West, a distance of 170.00 feet to a point of the west line of lot 16, Block 2, a distance of 312.00 feet southerly of the northwest corner of lot 16, Block 2, Lino Air Park North therein terminating; said described parcel containing 7.403 acres more or less. 1/. Save as above amended, said ordinance No. B1 shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the City Council of the City of Lino Lakes this 8th day f May, 1995. Vernon F. Reinert, Mayor ATTEST: Marilyn . Anderson, Clerk- Treasurer 1 1 1 Ordinance No. 8 -95 page 2 The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said ordinance was declared duly passed and adopted. 3 Ci Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -58 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -4 WHEREAS, the Lino Lakes Economic Development Authority (the "EDA ") intends to modify the plan (the "Plan ") for Tax Increment Financing District No. 1 -4 ( "TIF District No. 1- 4"); and WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act ") requires that the city council of the city of Lino Lakes (the "City ") hold a public hearing on the modified Plan for TIF District No. 1 -4, following approval thereof by the EDA. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota as follows: The city clerk - treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on June 12, 1995, at 6:30 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. The city clerk - treasurer is hereby authorized and directed to notify Independent School District No. 12 and Anoka County at least 30 days prior to the public hearing and to invite their comments on the modified Plan. 3. The city staff and consultants are authorized and directed to take any and all other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: May 8, 1995 ernon Reinert, Mayor RHB88073 LN140 -35 1 1 ATTEST: Randall Schumacher, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 88888073 LN140 -35 LOCATION 'SAP 74T.i ST74 T SITE xh^, S7. - S. 7. /•f r .v0. 49 w z z �i /1. ■ ZONING SITE AREA GREEN AREA Apo(lo Business Park SITE DATA LIG T INDUSTRIAL 2.38 ACRES 26,000 SQ FT 1 1 1 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 — 59 RESOLUTION RESTRICTING PARKING ON NORTH ROAD BETWEEN LAKEVIEW AVENUE AND LAKE DRIVE (COUNTY ROAD #23) WHEREAS: the City of Lino Lakes planned the improvement of North Road, and; WHEREAS: the City will be expending State Funds on the improvement of this roadway, and; WHEREAS: this improvement does not provide adequate width for parking on both sides of the street, and approval of the proposed construction must therefore be conditioned upon certain parking restrictions; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes shall ban the parking of motor vehicles on both sides of North Road between Lakeview Avenue and Lake Drive (County Road #23) at all times. Adopted by the Lino Lakes City Council this th day of May, 1995. Vernon F. Reinert, Mayor i77? I / Marilyn /G. Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted.