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HomeMy WebLinkAbout05/22/1995 Council Minutes (2)1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES MAY 22, 1995 DATE TIME STARTED! TIME ENDED;: MEMBERS PRESENT: MEMBERS ABSENT : May 22, 1995 6:30 P.M. 9:15 P.M. Reinert, Neal, Kuether, Elliott, Bergeson None Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian Wessel; Consulting Planner, Al Brixius; Consulting Engineer, Steve Heth, SEH; City Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM DISPOSITION CONSIDERATION OF MINUTES: Council Meeting, May 8, 1995 Council Meeting, March 13, 1995 CONSIDERATION OF FIRST AMENDMENT TO THE BLUE YONDER BALLOON COMPANY CONTRACT REGULAR AGENDA OPEN MIKE Approved Approved Approved 20/20 Vision Update, Kim Sullivan - Ms. Sullivan explained that she is before the City Council this evening to update date the PAGE 1 COUNCIL MEETING MAY 22, 1995 20/20 Vision project. She handed each Council Member a Summary of the Thursday, May 18, 1995 20/20 Vision meeting. She noted that Mr. Carl Neu, several staff members and several Council members were at this meeting. The purpose of the meeting was for Mr. Neu to present an evaluation of the work that has been done by the Vision groups and to focus on what to expect from now on. Ms. Sullivan explained that meeting with Mr. Neu was video taped and will be shown at city hall over the next two (2) weeks to the advisory groups and staff and any Council member that wishes to attend. A copy of the video tape will be available to the public and can be checked out by staff. Mr. Neu felt that the 20/20 Vision project had some real good feedback from the citizens and that the visioning process has the ability to be effective depending upon whether the action plans are put into place and how "actionable" the information is once the City staff has had the opportunity to work with the information. Ms. Sullivan explained that the City Council and staff will be more involved from this point. She noted that the Planning Coordinator and the Economic Development Assistant has been attending the 20/20 Vision meetings on a weekly basis to validate the action items and to make sure that the dates are appropriate and to make sure that what is being recommended is "real ". How will the recommendations fit and what are some of the consequences. The citizens need to feel that the City is working with them and trying to implement what they have recommended. Ms. Sullivan felt it was important that the Council and staff continue to participate in the process over the next couple of weeks. Mr. Neu told the citizens to be aware that the City might need to amend the action plans that they are recommending. The citizens have accepted the fact that they are not the experts on some of the issues. They have spent long hours reading the Comprehensive Land Use Plan, the Economic Development Plan and City Charter and have decided that there must be experts who can give them direction. They are looking to the City staff to provide some of that direction. They recognize that there are some limitations and that the action plans may not be implemented exactly as they have been recommended. However, the intent will always be there. Ms. Sullivan explained that when staff works with the 20/20 groups, the citizens recognize that this is a collaborative effort. Mr. Neu indicated that there are two (2) issues that may cost more than what the citizens are willing to support. One of the issues was already addressed but not included in the presentation. The other issue will be considered further by the PAGE 2 1 1 1 COUNCIL MEETING MAY 22, 1995 20/20 Vision group this week. Ms. Sullivan explained that one of the recommendations caused an overlap in responsibilities. Mr. Neu noted this and made some recommendations on how else they may address the issue. Mr. Neu noted that the level of detail in the groups was very good. At the end of the City Council and staff portion of Thursday's meeting, it was unclear whether or not the action items were appropriately specific. Mr. Neu said that they were specific and appropriate. He also indicated that it was important for the citizens to recognize where they feel they are supportive of the current City plans. In several cases the citizens discussed both the Parks Plan and the Comprehensive Land Use Plan and indicated how they felt that some of the issues have already been addressed in these documents. The process will continue with group meetings. They should complete their work the first week of June. Another meeting with the citizen groups, City Council and staff will be scheduled after the second week in June. Ms. Sullivan stressed that it is very important that the Council and staff be very aware of what is happening with the 20/20 Vision project. She asked that they attend the meetings or keep in touch with what is happening because sometimes without knowing the background, it is real difficult to interpret the words on a document. Listening to the dialogue in the groups will give a better understanding of the intent of the citizens. Ms. Sullivan noted that the City is also a partner in the 20/20 Vision process. She felt that the citizens have gained a better understanding of city government. It is an essential for citizens to recognize that they provide the vision, and the purpose of the City staff is to be the experts and put into place the things that the citizens want to see in their community. Ms. Sullivan felt that it is very important that the City Council and staff work with the citizens to achieve their vision. She said that it is very important that the City Council and staff understand the citizen groups recommendations. If their recommendations are already in place or if the citizens groups do not fully understand what they are recommending or have a different "slant" on an issue, information should be provided to them so that they understand the differences. The City should go forward and make sure that the citizen groups are satisfied with the process. Ms. Sullivan explained the next step in the 20/20 Vision process is for the City to take the citizen groups recommendations and incorporate them into the City planning process and in the budget PAGE 3 37 3 COUNCIL MEETING MAY 22, 1995 process in June. The 20/20 Vision documents will help the various City departments prioritize their work for the next year and in the future. Ms. Sullivan explained that there are immediate steps that can be incorporated and prioritized in the day to day work of the City. Mayor Reinert felt that things are moving along well. He noted that he has heard some favorable comments from some of the 20/20 Vision group members. They feel confident that what they are doing will be of some value to the City. Mayor Reinert noted that Mr. Wessel will be meeting with one of the groups on Thursday to discuss the Tax Increment Finance (TIF) process. He invited any Council Member or citizen interested in this subject to attend that meeting. Ms. Sullivan reviewed the agenda for this week for the citizen groups. The growth group will meet on Tuesday evening at 7:00 P.M. to review their definition of open space. Mr. Neu made it clear that each citizen group will have a different definition of "open space" as it relates to their issue. Ms. Sullivan invited the Council to attend this meeting. The education group will meet on Tuesday evening at 6:30 P.M. Senator Jane Krenz will be addressing the group regarding educational issues. The environment group will meet on Wednesday to review and add to their recommendations. The parks group also meet on Wednesday evening. This may be their last meeting. They have completed their recommendations. This group will be meeting during the week with Mr. Asleson, Parks Director, to clarify some questions and prioritize items for this area. On Wednesday evening Mr. Wessel will meet with the commercial group to talk about TIF. There is an open invitation to attend this meeting. Ms. Sullivan explained that a member of one of the citizen groups spoke to her last week and said that when the project was started, she had a feeling that something was wrong with the City. She said she did not know why or where the feeling came from, but felt that she had to become a part of the 20/20 process and fix whatever was wrong. She has read the Charter and the Comprehensive Land Use Plan and has done some real indepth study. She is surprised at how much information she has gained and felt that she is going away with far more information about the City PAGE 4 1 1 1 COUNCIL MEETING MAY 22, 1995 and how it operates and enjoyed the opportunity to meet the other group members and the people who actually "make things work in the City." She is very pleased about the project. Ms. Sullivan felt that this person is an excellent representative of other group members. Mayor Reinert thanked Ms. Sullivan for her presentation. Brian Bourassa and David Mitchell, OSM - Mr. Bourassa explained that he has resigned his position at OSM and has accepted a position in another unrelated field. He noted that he has worked in some capacity for the City for the past eight (8) years and thanked the City Council for the opportunity to serve his community. Mr. Bourassa noted that he has been treated with great respect by both the staff and City Council and expressed his appreciation to both staff and Council. Mr. Bourassa introduced Mr. Mitchell and explained that Mr. Mitchell will be assuming his duties at OSM including representing Lino Lakes at the Rice Creek Watershed District. He explained that Mr. Mitchell is well qualified for the consulting engineer position, already has a working relationship with Mr. Powell and will serve the City well. Mr. Mitchell said that everyone at OSM is sad to see Mr. Bourassa leave but they wish him well. He gave a brief outline of his qualifications and experience as well as naming a number of other communities where he has worked as a consulting city engineer. Mr. Mitchell noted that he lives in the City of Blaine and this will make it easy for him to serve the City. Mayor Reinert said that the City Council is looking forward to working with Mr. Mitchell. He also said that he is sorry to see Mr. Bourassa leave his position with OSM and wished him the best in the future. Judith Seekon, 889 Main Street - Ms. Seekon explained that there is a very dangerous traffic situation on Main Street east of Lake Drive. She said that a very large traffic sign has been post saying, "State Law Unlawful to drive on shoulder of the road ". Every time that she comes home from Lake Drive, she has to make a left turn into her driveway. While she is waiting for traffic coming from the east to clear, traffic is coming from the west at very high rates of speed and pass her on the shoulder. This is getting really dangerous and will become more dangerous when school is out for the summer. Ms. Seekon noted that there is normally a lot of pedestrian traffic in her area and in the summer there are bikers, joggers, mothers with strollers using PAGE 5 3 9 4 COUNCIL MEETING MAY 22, 1995 the no passing area. She also noted that she, her son and a neighbor have come close to being hit by high speed traffic from Lake Drive. Ms. Seekon felt that someone is going to get hurt in this area. Ms. Seekon said she has talked to two (2) police officers about this situation and they told her that there is nothing that they can do about the situation. Mayor Reinert asked Mr. Schumacher to check with the Chief of Police and ask him to check with Ms. Seekon if he has further questions. Mayor Reinert thank Ms. Seekon for bringing this matter to the attention of the City Council. CONSIDERATION OF DISBURSEMENTS May 22, 1995 - Council Member Elliott moved to approve the disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Kuether moved to approve the disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, ESTABLISHMENT OF TAX INCREMENT FINANCING (TIF) DISTRICT NO. 1 -7, NOL -TEC SYSTEMS, INC. AND MAG -CON, INC., BRIAN WESSEL Mayor Reinert opened the public hearing at 6:54 P.M. Mr. Wessel used the overhead projector and showed the proposed location of this TIF District No. 1 -7. He noted that the purpose of the public hearing is to allow public comment regarding the establishment of a new TIF district to encourage industrial development in the Apollo Business Park. TIF District No. 1 -7 will allow the City to provide financial assistance for land and special assessment to Nol -Tec Systems, Inc. and Mag -Con, Inc. TIF District No. 1 -7 also includes the remaining unsold parcels within the City owned portion of the Apollo Business Park. There was no one in the audience to speak on this matter. Mr. Ron Batty, Holmes and Graven, explained that this will be an economic development district. State Statutes allow the Economic Development Authority to use the increment for a period of nine (9) years receipt of increment or 11 calendar years from today whichever occurs first. This is an EDA project and the project was approved by the EDA prior to this meeting. The State PAGE 6 1 1 1 1 1 COUNCIL MEETING MAY 22, 1995 Statutes require that the governing body if not the same as the EDA, which it is not, also approve the TIF district. That is why the City Council is holding this public hearing this evening and finalizing the district. Council Member Elliott moved to close the public hearing at 6:57 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 - 63 Approving the Plan for Tax Increment Financing District No. 1 -7 - Mr. Wessel explained that the final step in the process to establish TIF District No. 1 -7 in the Apollo Business Park requires the City Council to adopt a resolution approving the TIF plan. This resolution will be sent to Anoka County for certification of the District. Council Member Bergeson asked if there was a waiting period before this resolution takes effect. Mr. Schumacher said no, only ordinances have a waiting period of 30 days. The TIF District No. 1 -7 will be in effect this evening after the resolution is approved. Council Member Bergeson asked Mr. Batty, if the City Council adopts this resolution this evening, does this start the clock on the District. Mr. Batty explained that the 11 year period of this District will begin today. Council Member Kuether moved to adopt Resolution No. 95 - 63 Approving the Plan for Tax Increment Financing District No. 1 -7. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, CONSIDER MAKING AN IMPROVEMENT, WELL SITE NO. 4, CLEARWATER CREEK SUBDIVISION, JOHN POWELL Mayor Reinert opened the public hearing at 7:00 P.M. Mr. Powell used the overhead projector and pointed out the proposed site of the well in Clearwater Creek subdivision. On April 10, 1995, the City Council received the feasibility report for this project and a public hearing was set for this evening. The information contained within the outlines the site of the well as well as a cost estimate. The tentative schedule for the project includes getting the plans to the City Council for their approval no later than July 11, 1995. This will allow the well construction to begin in August with a completion date in October. The pump house will be bid separately and the completion of the pump house will take place next spring. There have been discussions with the developer regarding the location of the well site. Three (3) lots in Phase I have been set aside for the well. All three (3) sites are located very PAGE 7 4 COUNCIL MEETING MAY 22, 1995 close to Cedar Street and Otter Lake Road. Mr. Powell noted that a site for the lift station will be selected from lots in this area. Since there will be some high -cost homes constructed in this project, two (2) cost estimates for the pump house have been prepared. The first estimate is for a utility garage concept. This concept is more typical of a commercial /industrial area pump house with brick walls and no windows. The construction cost of this pump house is $235,000. Contingencies and engineering costs brings the total project cost to $297,275.00. Mr. Powell recommended that a residential concept pump house be constructed in this area. This concept would involve the front line of the pump house broken up with a garage area, siding typical of a home type construction and a false window. The structure would also have a peaked roof and would not be as obvious. It would look more like a small home with an attached garage. The total cost of this residential concept for the pump house is estimated to be $309,500.45. Council Member Neal asked if anyone from the Police Department or the Fire District talked to Mr. Powell about putting a police and fire substation in the pump house. Mr. Powell said no, it probably would not be large enough. Although both Chief Pecchia and Chief Bennett are aware of this proposal, they have not contacted him about using the pump house for anything other than a well house. Mr. Powell will follow up with Chief Pecchia and Chief Bennett. There was no one in the audience to speak on this matter. Council Member Kuether moved to close the public hearing at 7:05 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. Mr. Powell said that no further action on this matter is required at this time. A request for authorization of plans and specifications with a very specific schedule for the well and pump house construction will be considered at a future Council meeting. PLANNING AND ZONING REPORT, MARY KAY WYLAND Minor Subdivision, Blue Heron LTD, Apollo Business Center - Ms. Wyland explained that this request is to create a 2.4 acre lot in the Apollo Business Center. The property is zoned Light Industrial (LI) and is the site for the Blue Heron project which is an office /warehouse complex. Municipal utilities are available to serve the site. A 50 foot utility easement will be PAGE 8 1 1 1 COUNCIL MEETING MAY 22, 1995 required over the existing sewer and watermain that runs along the eastern border of the proposed lot. The City Zoning Ordinance, as amended by Ordinance No. 12 - 94, provides for one acre lots with 100 feet of lot width in the LI zoning district. The proposed lot meets those requirements. For Planning and Zoning information, staff and the owner of the Apollo Business Center, G.M. Development, have determined to plat the property as parcels are sold rather than plat the entire site. This allows for greater flexibility for potential purchasers and expands the options in marketing the site. Staff has reviewed this request and recommends approval of the request with the condition that a 50 foot utility easement be provided over the existing sewer and watermain on the eastern portion of the site. A site plan review which deals with site improvements including drainage and utility concerns is the next item for consideration this evening. The Planning and Zoning Board recommended approval of the request with the condition that the above described 50 foot utility easement be provided. Council Member Kuether moved to approve the minor subdivision with the 50 foot utility easement over the existing sewer and watermain on the eastern border of the site. Council Member Bergeson seconded the motion. Motion carried unanimously. Site Plan Review, Blue Heron LTD., Apollo Business Center -Ms. Wyland explained that the Blue Heron project involves the construction of a 20,186 square foot building containing office and warehouse space. The property is located in the Apollo Business Center which is zoned Light Industrial. Office and warehouse uses are permitted uses in this zoning district. The developers intend to offer space for rent in 2,500 square foot increments. A dock area is provided to access the warehouse portion of the building. Phase II involves a similar building planned for future construction. This phase will also require a subdivision and a site plan review. Staff and the Planning and Zoning Board have reviewed the site plan and recommend approval with the following conditions: 1. Proper building permits be obtained prior to construction. 2. The proposed construction shall meet all building and parking setback and height requirements. PAGE 9 sy COUNCIL MEETING 3. A minimum of 10% green area shall be provided. MAY 22, 1995 4. Landscaping shall be provided according to the site plan dated May 7, 1995. A sprinkler system shall be provided for maintenance of all green areas. The City Forester shall review the landscaping plan to insure suitability of selected species. 5. The exterior construction will be rock face block with breakoff block design. 6. An interior sprinkling system will be provided per State Fire and Building Code requirements. 7. B6 -12 curbing shall be provided around the perimeter of the parking area and access drives. 8. Parking areas shall be surfaced and stripped with handicapped parking provided per ADA requirements. Adequate parking has been provided on site (50 parking spaces). 9. Trash shall be stored behind a seven (7) foot masonry enclosures which match the building. 10. Screening to match the building shall be provided for rooftop heating and ventilating equipment. 11. All drainage, utility and grading plans shall be submitted for review and approval by the City Engineer. 12. Access to the site shall be provided by one (1) shared access drive. The developer shall sign a "shared driveway agreement" prior to occupancy. 13. A development agreement shall be signed by the developer and made a part of the site plan review. 14. A lighting plan be reviewed and approved by staff prior to construction. The City staff, the EDAAB and the Planning and Zoning Board have reviewed this request and recommend approval with the conditions outlined above. Mr. Wessel explained that EDAAB has been working on an incubator concept for small businesses for about two (2) years. He noted that Blue Heron LTD. has been very cooperative in getting the project to this point. The proposed building could house up to eight (8) small companies. Mr. Wessel noted that Ross Rivard, a PAGE 10 1 1 1 1 COUNCIL MEETING MAY 22, 1995 partner in Blue Heron LTD., is here to respond to questions as well as Myles Borstad, who is the leasing agent. Mr. Wessel explained that the project is on a "tight" time table. Construction is expected to begin in July. He noted that EDAAB is very pleased with the project because the design has the ability to be broken down into 2500 square feet increments. Council Member Kuether asked if any of the spaces were already rented. Mr. Borstad said not at this time, however there is an interest in several of the spaces. He explained that he has not been able to actively pursue possible businesses until the project received some formal action from the City Council. Mr. Wessel explained that the Anoka County Partnership has its own incubator program and Mr. Roger Jensen, of this organization, has provided assistance to Lino Lakes to respond to this project. Council Member Elliott moved to approve the site plan review with the conditions outlined above. Council Member Bergeson seconded the motion. Motion carried unanimously. Site Plan Review, Willow Ponds Senior Cottages, Elm Street - Mr. Brixius used the overhead projector to show the location of this project. He explained that this is a 48 unit elderly residential development on a 13.6 acre site east of Sunset Road, south of I35W and north of Elm Street. The proposed project is a down scale of what was reviewed in 1992. The original plan proposed 90 units of senior housing. This current request also includes 10 single family homes on the eastern portion of the site. This proposal includes a site plan review, a preliminary plat review and a rezoning of the area platted for the single family homes. However, due to a publication requirements, the plat and the rezoning will not be considered at this time. Mr. Brixius briefly reviewed this project beginning in 1992. The site is currently zoned R -4, Multiply Family allows density up to 15 units per acre. The proposed senior project is proposing a density of approximately 8.3 units per acre. Therefore, density conforms with the R -4 standards. Lot size, lot width and lot depth also conform to the R -4 standards. Mr. Brixius noted that there is a PDO overlay of the R -4 zoning to accommodate some flexibility because the site is proposed for elderly housing. The flexibility includes the establishment of private roadways and some parking considerations. The request is an internal roadway system that will be privately owned outside of Elm Street. There is also a dedication of seven (7) feet right -of -way along Elm Street to complete City and County requirements. In consideration of the occupancy limitations, the PAGE 11 46 COUNCIL MEETING MAY 22, 1995 private roadways arrangements and parking flexibility was considered to be appropriate. The layout in the site plan generally conforms to all required setbacks and provides adequate parking. Generally tandem parking is not an acceptable arrangement in meeting the City Code requirements. However, in view of the elderly occupancy, it is felt that the parking demand for this type of housing is going to be less and therefore, the flexibility to allow for tandem parking spaces is acceptable with the following conditions: 1. The dwelling units be occupied only by elderly residents, 55 years and older. 2. Garage stalls should be provided without a fee to meet parking requirements. 3. There should be no dwelling unit conversions for family use. 4. Parking spaces will not be used for storage of recreational vehicles, boats or trailers. Mr. Brixius noted that the applicant has some issues with these requirements and he will address them later. The Planning and Zoning Board discussions included the 28 foot drive that loops from Elm Street back to Elm Street. It was discussed and agreed to by staff that parking would be allowed on one side of that street. This is an exception of the requirement that there be no parking on the private streets. All parking must meet City Code with regard to bituminous surfacing, perimeter curbing, stripped parking spaces, designated handicapped parking spaces per State requirements and parking lot lighting. The total site provides 48% open space which meets City standards. Traffic circulation requires an access permit from the Anoka County Highway Department for direct access to Elm Street. There is a long dead -end private roadway that does not provide a turn radius for small van -type trucks servicing the site. As a requirement of site and building plan approval, this dead -end driveway should provide for van truck and trash truck turn around areas. The developer has indicated that all trash cans will be stored in the garage. Covenants should address this matter. PAGE 12 1 1 1 COUNCIL MEETING MAY 22, 1995 All grading, utility and drainage plans are subject to review and approval by the City Engineer and a development contract is also required as part of the site approval. The Planning and Zoning Board reviewed the site plan and recommended approval with one change. This change involves recommendation No. 5, "no parallel parking allowed on the private streets on the site ". The Planning and Zoning Board recommended "no parallel parking is allowed on the private streets on the site plan that are narrower than 28 feet ". Parking will be limited to one side of the 28 foot street. All other conditions outlined in the May 4, 1995 Bob Kirmis /Alan Brixius report were recommended by the Planning and Zoning Board. Council Member Kuether asked why one Planning and Zoning Board Member voted against this proposal. Mr. Brixius explained that this member expressed concern regarding the private street arrangement and giving the PDO flexibility that was being allowed. Mr. Roger Derrick, Cottage Homesteads of America, Inc. referred to the Planning and Zoning Board question regarding the 15 year versus the 30 year program. He explained that the Federal Government sets the federal tax credit program at 15 years. This means that the federal tax credit purchaser will be part of this program for 15 years. Mr. Derrick noted that Cottage Homesteads has agreed to extend the senior covenant for 30 years which means that this will be a senior housing project for 30 years. Mr. Derrick explained that a question had been raised as to whether or not the rental units could be sold as condominiums sometime in the future. He explained that there were no plans to do this. Since this is a senior project receiving tax credits, the developer cannot sell the units. Mr. Derrick said that there are no plans to sell the units after the first 15 years. It will continue to be a senior rental community. The Planning and Zoning Board considered placing a provision in the development agreement stating that the units could not be sold in years 15 thorough 30. Mr. Derrick objected to this provision because at the end of 15 years the project will be sold. He said he did not want to mislead anyone and stated again that the project will be sold at the end of 15 years. The covenant will remain in place, guaranteeing that the new owner will continue the project as senior housing. The units may be rented or purchased at that time. Mr. Derrick noted that it is his understanding that curbing will be required. He explained that this is not in the budget for this project and requested that curbing be limited to the through PAGE 13 4, COUNCIL MEETING MAY 22, 1995 street and not the driveways or the parking areas. Mr. Derrick said that deleting the curbing would not be setting a precedent since this is a private street. He noted that are no driveways in the City that are curbed and felt there should not be curbs on these private driveways. Mr. Brixius said that the City Engineer has prepared a report dated May 5, 1995. He asked that any recommendation in that report be included in a Council motion. Mr. Brixius said that curbing is a City zoning standard and has been applied throughout the community in both the residential, commercial /industrial and multifamily developments. The driveways leading up to the garages would not necessarily need curbing, however all private streets and parking areas should meet this standard. The PDO flexibility that has been noted as far as parking and private drives can be related directly to occupancy. The curbing is a budgetary item and is something that staff deals with each time a developer says that he never planned to pay for it. Mr. Brixius said that staff is holding the line on this item. He noted that it was recommended for the 1992 proposal and again is recommended in 1995. Mayor Reinert said he did not understand the concern about placing curbing along driveways. He noted that Mr. Brixius did not require curbing on driveways. Mr. Brixius explained that Mr. Derrick was objecting to placing curbing on the private access streets serving more than one driveway. Mr. Brixius pointed out these areas on the overhead projector. Mr. Derrick said this situation is different because this development has single family residential development character and not a commercial development character. Mayor Reinert said that he felt that curbing adds to the appearance of a development and would help make the development easier to sell in 15 years. Mr. Derrick said he felt that whether or not there is curbing, the development will look the same in 15 years as it is built. It will be professionally maintained and will be beautiful in 15 years. Mr. Brixius noted that the Planning and Zoning Board also discussed the potential re -use of the various garage spaces. A recommendation was made that if a tenant does not have a car, but has a garage, they may have some latitude in renting the garage but it is limited to another tenant who lives in the same development. Council Member Bergeson asked if the Planning and Zoning Board made any recommendation on use after 15 years. Mr. Brixius stated that it will remain a senior housing for the next 30 PAGE 14 1 1 1 1 COUNCIL MEETING MAY 22, 1995 years. There was no discussion regarding whether the units would remain rental or be sold. Ms. Wyland explained that according to the Planning and Zoning Board minutes, Mr. Derrick indicated that covenants would provide that the project would be single ownership which would mean that the project will continue as rental units for 30 years. Mr. Derrick said that this is not his understanding. The covenants would provide that the units be senior housing for 30 years, but could not guarantee that the units would remain rental units after the first 15 years. Ms. Wyland said that Mr. Derrick had indicated that the entire project would be sold as one unit. Mr. Derrick said that he will see the entire project as one unit but could not guarantee that the new owners would do anything in particular during the next 15 years. Council Member Kuether said regardless of how the project is sold after 15 years, the new owners would have to come before the City Council and request approval for any change in operation. Mr. Derrick said he did not want to promise something that may not happen. Council Member Bergeson noted that there will be a developers agreement and many covenants. He felt that this particular concern should be addressed in the developers agreement and should not be a part of this review. Mr. Brixius said that if there is an issue regarding rental as opposed to owner occupied, an approval of the site and building plan should include this issue as an issue to be resolved. He wanted to be sure that the issue has been resolved or is not an issue at all. Mayor Reinert said that for the first 15 years the project will be rental senior housing. Mr. Brixius said that Mr. Derrick is willing to extent the use as senior housing for another 15 years. However, the issue is whether or not the second 15 years will remain rental or become condominium ownership. Council Member Kuether she feels that since the City is putting approximately one million dollars in the project, the rental guarantee should extend beyond 15 years. Mr. Derrick said he did not care if the project remained rental for 1,000 years. His concern is that both the tax credit buyer and the lender both intend to sell the project at the end of 15 years. If there is a covenant that they think will prevent them from selling the property at the end of 15 years, or is different from the way they have approved it, they may not be willing to continue in the project. Mayor Reinert asked Mr. Brixius how the property is zoned. Mr. Brixius said Multifamily with a PDO. Mayor Reinert said that controls the use of the property. If the property is sold after 15 years and the new owner wants to change the use to condominiums the new owner must make a formal application that will be considered by the City Council. Mayor Reinert explained to Mr. Derrick that the PDO zoning controls the use of the property. Mr. Derrick said he understood and this is PAGE 15 5L COUNCIL MEETING MAY 22, 1995 acceptable to him and his finance persons. Council Member Kuether asked if the property would have one property identification number or one for each unit. Mr. Brixius said it would be one property identification number for all the senior units. Council Member Elliott referred to the curbing issue and asked what is the cost difference between curbing as Mr. Brixius is suggesting and curbing as Mr. Derrick suggested. Mr. Derrick explained that the additional curbing would cost approximately $30,000.00. Council Member Elliott asked if other senior projects that he has been involved in have the curbing as suggested by Mr. Brixius. Mr. Derrick said no, only on the main street. Council Member Kuether moved to approve the site plan review of Willow Ponds with the change that parallel parking be allowed on one side of the 28 foot private street and subject to all conditions outlined in the City Engineer's, City Planner's and Planning and Zoning Board reports. Council Member Neal seconded the motion. Motion carried unanimously. Site Plan Review, Lino Lakes Correctional Facility, 7545 Fourth Avenue - Ms. Wyland explained that the Correctional Facility is zoned Public /Semi Public and public buildings for county and state government are permitted uses in this zoning district. The Zoning Code requires that any construction other than single family requires site plan review. The proposed request is to allow six (6) components of construction /reconstruction including the following: 1. Replacement of one boiler. 2. Upgrade of existing perimeter fence with supplemental wire barrier and replacement of electronic perimeter surveillance. 3. Remodeling and addition for the reception /segregation unity (2,450 square foot addition). 4. Construction of a new 232 bed minimum security chemical dependency unit (approximately 34,425 square feet). 5. Increase capacity and remodeling of existing food service and dishwashing area. 6. Remodeling to provide space for new dental exam room and X -ray unit in existing infirmary. The Building Inspector and the Fire Chief have reviewed the proposed construction plans with the Correctional Facility. Because this is a State owned prison facility, extensive review PAGE 16 1 1 1 COUNCIL MEETING MAY 22, 1995 is conducted by the State. Numerous items are considered highly confidential and not for public information. The plans meet all requirements imposed by the Uniform Building Code and Fire Code. Engineering plans have been reviewed by the City Engineer and utilities are adequate to serve the proposed expansion. The Planning and Zoning Board and staff recommend approval of the site plan review with the following conditions: 1. Proper building permits be obtained prior to construction. 2. The City Engineer review and approve all utility and drainage plans. Council Member Bergeson asked if there are any problems with the current utility capacity. Mr. Powell said no, the Correctional Facility is immediately abutting the West Central trunk utilities. Expansion of the Correctional Facility as well as the additional residential construction was taken into account in the sizing of the trunk utilities. The Correctional Facility abuts the elevated storage tank and a trunk watermain is immediately assessable. Council Member Kuether asked what would happen if the City did not approve the expansion of the Correctional Facility? No one could answer this question. Ms. Wyland noted that the City received very detailed plans. She also noted that the area is zoned Public /SemiPublic and State and County facilities are permitted uses and does require site plan review. Mr. Hawkins explained that the State must comply with all City regulations and requirements. Council Member Kuether asked as long as there is room on the site, they can keep adding buildings as they want because of the zoning. Ms. Wyland said yes, as long as the meet the requirements for green space and setbacks. Council Member Kuether said her concern is the more buildings and facilities that are constructed, the more residents will be housed there bringing additional problems. Mayor Reinert said that since they meet the City zoning requirements, the City Council cannot deny a permit or site plan review. Council Member Kuether moved to approve the site and building plan review with the conditions previously listed. Council Member Bergeson seconded the motion. Motion carried unanimously. Conditional Use Permit, Site Plan Review, Rehbein Transit, 6298 Hodgson Road - Rehbein Transit is requesting a Conditional Use Permit (CUP) and Site Plan Review to allow the construction of a 24,075 (107 foot x 225 foot) square foot metal sided pole barn for the storage of buses. The site currently contains an existing bus storage building of 12,950 square feet and a 5,940 PAGE 17 COUNCIL MEETING MAY 22, 1995 square foot shop /office. Rehbein Transit provides transportation services to the Centennial School District. The School District's expansion plans will require the need for approximately 40 more buses to be stored at this site. The proposed construction will provide interior storage for these buses. The City's Economic Development Authority Advisory Board has reviewed the site plan. The applicant has indicated that the exterior, although metal, will contain brick treatment along the front of the building similar to that which exists on the office /shop building. Additionally, they do plan to upgrade the front of the existing pole building with the overall color scheme in earth tones. City staff has reviewed the request. The proposed construction meets the setback requirements, building height standards and green space requirements. The existing on -site septic system is located to the north of the existing buildings and should not be affected by the proposed construction. The Planning and Zoning Board and staff recommend approval of the site plan review with the following conditions: 1. Proper building permits be obtained prior to construction. The Fire Chief has reviewed the plans and indicates that a sprinkler system will be required in the new building. 2. All buildings on site must be coordinated as to color scheme and brick treatment. Building plans are to be submitted prior the building permit review. 3. A 15 foot easement for trail purposes is to be provided along the front property line connecting with the Fox Trace trail immediately south of the Rehbein Transit site. The trail shall be graded and rocked per City trail standards. The City will provide bituminous surfacing in the fall of 1995. 4. Landscaping shall be reviewed and approved by the City Forester prior to issuance of building permits and shall include treatment of the fuel storage area and front property line. The plan shall be modified to provide screening that coordinates with the trail system. It is suggested that plantings be grouped rather than evenly disbursed. 5. The additional parking area noted on the plan dated May 26, 1994 shall be provided with a dustless, durable surface PAGE 18 1 1 1 COUNCIL MEETING (gravel is acceptable). MAY 22, 1995 6. Grading of the site shall be reviewed and approved by the City Engineer. Future increase in impervious surfaces shall require review and approval of the City Engineer. 7. Timing of the proposed construction must be coordinated with the trunk watermain project to be constructed this summer. 8. A berm be designed and provided along Hodgson Road. This berm shall be incorporated into the landscaping and trail plan. The Planning and Zoning Board and staff recommend approval of this CUP and site plan review with the eight (8) conditions listed above. Council Member Neal asked how soon will the watermain be there? Mr. Powell said that the City would not delay their construction. The coordination concern is more addressed toward the temporary easement that the City is taking for the watermain construction. The City wants to make sure that it gets the full use of the temporary easement and then the grading, berm and planting can take place. Mr. Powell estimated that construction on the watermain project would start in about three (3) weeks and be completed in late August. Council Member Neal noted that there are two (2) types of sprinkler systems. One system is a wet system and the other system is dry. Since the building is not going to be heated they should use the dry system. Mr. Powell suggested that the Fire Chief and the Building Inspector help Mr. Rehbein address this issue. Ms. Wyland noted that there are system for non - heated buildings such as Knox and Mennards buildings. Council Member Kuether noted condition No. 3 and asked who will construct the trail. Ms. Wyland explained that the developer will grade the trail and place the rock on it. In the fall, the City places blacktop on all the trails that were constructed through the year. The City would then blacktop this trail segment at the same time the trail in Fox Trace is blacktopped. Council Member Kuether asked if it is normal for the City to require a landscape plan for existing business? Ms. Wyland explained that the City has not had a situation such as this. However, when the Living Water Church requested a site plan review, the City required that they place a trail on the back and the front of their property. The City's comprehensive trail plan indicates that a trail is to be constructed in front of the PAGE 19 r /' COUNCIL MEETING MAY 22, 1995 Rehbein Transit buildings. In addition, the Fox Trace trail deadends at the beginning of the Rehbein Transit lot. Ms. Wyland talked to Mr. Rehbein and since they are regrading for the new construction, this request will not be a great expense to them. This trail will probably be located in front of a berm. Council Member Kuether asked if it is a normal procedure to submit a landscape plan. Ms. Wyland said that a landscape plan has been submitted showing some fairly mature evergreens. The Planning and Zoning Board has suggested that the plantings be grouped and worked around the berming. Council Member Kuether asked Mr. Rehbein if the buses he plans to purchase will all fit in the new building. Mr. Rehbein said yes. Currently about 30 buses are housed in the existing building. The new building will house the 20 buses that are parked outside plus 20 new buses. All buses will be housed in the two (2) buildings. Mr. Powell said that he, the Fire Chief and the Building Inspector will work with Mr. Rehbein regarding the sprinkler system for the new building. Council Member Kuether moved to approve the CUP and the site plan review with the stipulation 1 through 8 as listed above and to add item No. 9, No exterior bus storage. Council Member Neal seconded the motion. Motion carried unanimously. Variance, Bill Greene, 6693 East Shadow Lake Drive - Ms. Wyland explained that Mr. Greene has applied for a building permit to add approximate 755 square feet to his house. In reviewing the permit application, it was determined that the lowest floor was constructed in 1978, at an elevation of 886.57 feet. This is .57 feet above the 100 year flood elevation. In 1982 the City adopted the current Flood Plain Ordinance which requires the lowest floor elevation to be one (1) foot above the 100 year flood elevation or at an elevation of 887 feet in this location. Mr. Greene's house became nonconforming. In order for Mr. Greene to meet the requirements of the Flood Plain Ordinance, he would have to raise the proposed addition .43 feet. Mr. Greene believes this creates a hardship from both an aesthetic and functional standpoint. To allow the proposed construction at 886.57 feet, the same elevation as the existing structure, requires a variance from the Flood Plain Ordinance. According to the existing Flood Plain Ordinance, a "variance from the terms of the ordinance" may be granted provided it "will not be contrary to the public interest, where, owing to special PAGE 20 1 1 1 COUNCIL MEETING MAY 22, 1995 conditions, literal enforcement of the provisions of the Ordinance will result in unnecessary hardship... ". Staff has determined that granting this variance is not contrary to the public interest and could be considered to create a hardship for the property owner. The proposed addition will meet all setback requirements of the R -1 zoning district and will also meet the City's Shoreland Ordinance. The Planning and Zoning Board and staff have reviewed the request and recommends approval with the condition that the Greene's sign a form to be registered with the property deed holding the City harmless of damages due to flooding. Ms. Wyland explained that she had checked with the City Attorney to be sure that requiring the hold harmless requirement was a reasonable request. Council Member Kuether asked if approving the variance would cause any hardship to Mr. Greene's neighbors. Ms. Wyland said no, some of the neighbors are at a lower elevation and may ask for a variance if they want to add to their property. Council Member Kuether asked if something happens to the neighbors because of the new construction on the Greene property, could the neighbors sue the City for damages. Mr. Powell said yes the City could be sued but he felt that there would not be a significant impact on the neighbors. Council Member Bergeson asked if it is known how high the flood water was during the last flood. Mr. Powell did not know. Mr. Greene said that the water reached an elevation of 884 feet. Council Member Elliott moved to approve the request for a variance as requested. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF THE FIRST READING OF ORDINANCE NO. 10 - 95 AUTHORIZING SALE OF CITY OF LINO LAKES LAND IN THE APOLLO BUSINESS PARK TO MAG -CON, INC., BRIAN WESSEL Mr. Wessel used the overhead projector and showed the location of the property in the Apollo Business Park. He explained that Mag- Con, Inc. is purchasing the property for use as a manufacturing facility. Mag -Con, Inc. is a small business currently located in Roseville and committed to moving to Lino Lakes. They manufacture small transformers. According to Chapter XII, Section 12.05 of the Lino Lakes City Charter, an ordinance is required to authorize the sale of real property owned by the City. PAGE 21 COUNCIL MEETING MAY 22, 1995 Mr. Wessel noted the changes in the legal description of the parcel and explained that the sale price is $89,700.00. Mr. Wessel recommended that the City Council adopt the FIRST READING of Ordinance No. 10 - 95. Council Member Elliott moved to approve the FIRST READING of Ordinance No. 10 - 95. Council Member Bergeson seconded the motion. Motion carried unanimously. 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 the City needs to acquire approximately an acre site for the location of Well No. 3. An eminent domain action was started to acquire the site. Throughout the process negations have continued with the LaMotte's for purchase of the land. The property has been appraised at $27,200.00. An agreement has been reached with the LaMotte's and they have signed a purchase agreement to sell the parcel to the City for $29,200.00. Mr. Hawkins explained that the purchase agreement is $2,000.00 more than the appraisal value. The LaMotte's feel that there has been some damage to their property as a result of a drainage ditch. Mr. Hawkins felt that if the City were to continue the eminent domain process on this matter, the cost would far exceed the extra $2,000.00. He felt that the agreed upon price of $29,200.00 is reasonable in this case. Mr. Hawkins explained that there will be a driveway to the well house. The purchase agreement includes a stipulation that the City would install a gate so that the well house will not be accessible by anyone other than persons who would normally have access to the well. A second agreement is if the excavation work on a ditch that the LaMotte's allege is not complete and is causing damage and preventing them from taking a hay crop from other property that they own, by August 1, 1995, the City would pay them another $1,000.00 for the loss of the hay crop in 1995. Mr. Hawkins recommended that the City Council accept the purchase agreement and authorize the Mayor and the City Clerk to sign the purchase agreement with the above stated agreement terms. Mr. Hawkins was asked how the appraiser determined the price of the land. Mr. Hawkins explained that the City will be taking the highest piece of land in this area for the well. Although it appears that the appraisal price is high, when you take the low land and the high land in the City and average them out, the value is about $12,000.00 to $18,000.00. In this case the City PAGE 22 1 1 1 COUNCIL MEETING MAY 22, 1995 is taking the prime piece of land out of the middle of the LaMotte's property. The appraiser has broken down how much of the property would be high land and how much would be low land and averaged out a price that would come to the average price per developable piece of property in this City. He has given this parcel the higher value because it is a prime developable parcel. Council Member Kuether asked if sewer and water services are available to this parcel. Mr. Heth said yes the watermain is across Birch Street and the sewer line is in front of the lot. Council Member Kuether moved to approve the purchase agreement and authorize the Mayor and City Clerk to sign the agreement. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Bids for Hodgson Road Watermain Improvement - Mr. Powell explained that on March 27, 1995, the City Council passed Resolution No. 95 - 37 approving plans and specification for the Hodgson Road Watermain improvement and ordering the advertisement for bids. The bids were opened at 10:00 A.M., Monday, April 24, 1995. The lowest responsible bid for this project was received from Bonine Excavating in the amount of $237,947.86 which was 13% above the City Engineer's estimate. The project could not be awarded due to City Charter restrictions. Bonine Excavating has been contacted and negotiations with them have reduced the amount of the bid to $230,200.50 which would comply with Charter restrictions. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 49 accepting the bid from Bonine Excavating. Council Member Kuether asked if it would be best to rebid the project. Mr. Powell explained that this is the second time the project was bid and both times the bids were over the City Engineer's estimate. He explained that it is important to get the project completed to provide service to the south area of Lino Lakes and to clear the right -of -way for the overlay project on Highway #49 in late August or early September. Council Member Bergeson moved to adopt Resolution No. 95 - 49 awarding the bid to Bonine Excavating in the amount of $230,200.50. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 23 CO COUNCIL MEETING MAY 22, 1995 Resolution No. 95 - 49 can be found at the end of these minutes. Consideration of Resolution No. 95 - 61 Approving Plans and Specifications and Authorizing Advertisement for Bids for Municipal Well No. 3 - Mr. Heth explain that on September 26, 1994, the City Council ordered plans and specifications and authorized eminent domain for Municipal Well No. 3. This project was initiated at that time to insure that another well was "on line" before the peak water use demand occurred in the summer of 1995. SEH has submitted plans for the well construction. The pumphouse construction will be bid separately and will begin after the well digging is completed, about mid - August. The construction schedule presented indicates this well will not be "on line" for the peak demand. City staff will evaluate the options for addressing the anticipated demand, will monitor actual demand, and will bring appropriate recommendations to the City Council. Mr. Powell recommended that Resolution No. 95 - 61 Approving the Plans and Specification and Authorizing Advertisement for Bids for Municipal Well No. 3 be adopted. Council Member Bergeson'moved to approve the City Engineer's recommendation. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 61 can be found at the end of these minutes. Consideration of Resolution No. 95 - 62 Approving Plans and Specifications and Authorizing Advertisement for Bids for the Black Duck Pumping Station - Mr. Heth explained that preparation of plans and specifications for this project was begun early last fall. The documents have now been submitted to the City for approval with a projected construction completion date of August 31, 1995. Mr. Heth recommended that the City Council approve Resolution No. 95 - 62 Approving Plans and Specifications and Authorizing Advertisement for Bids. Council Member Elliott moved to adopt Resolution No. 95 - 62 as recommended by Mr. Heth. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 62 can be found at the end of these minutes. Consideration of Change Order No. 1, Country Lakes Estates - Mr. Powell explained that the original design alignment for the trunk sanitary sewer along the north side of Birch Street between West Shadow Lake Drive and Fawn Lane called for the removal of many trees of various sizes. In response to concerns raised by a PAGE 24 1 1 1 1 COUNCIL MEETING MAY 22, 1995 nearby property owner and through discussions held between the property owner, the developer, and the City, a compromise was reached. This compromise calls for the jacking of about 220 feet of sanitary sewer instead of installing it via the open cut method. This will result in increased project costs to the developer and to a lesser extent the City, but will allow many of the larger trees to remain undisturbed. The contract is being modified to address the increased project costs. The change order also includes additional sewer quantities to, install a stub to the east of Fawn Lane which would provide access to sewer for a property owner who has indicated a desire to connect to City utilities. Mr. Powell recommended that the City Council approve change order No. 1. Council Member Elliott moved to approve change order No. 1. Council Member Kuether seconded the motion. Motion carried unanimously. Mr. Powell gave a progress report on this project. Consideration of Approval of the Metropolitan Council /Lino Lakes Conveyance Agreement - Mr. Powell explained that most of the issues related to this agreement have been outlined in the report to the Metropolitan Council Environmental Committee prepared by Metropolitan Council staff. A copy of this report was given to each Council Member in their packets. In summary, the agreement turns over to the City facilities which will no longer be useful to the Metropolitan Council system after the new Ware Road Lift Station has been constructed. This project is scheduled for completion in December, 1996. In order to accommodate the changes to the system proposed by Metropolitan Council, the City will need to modify the City sewer system. These modifications include retrofitting the Laurene Avenue lift station for smaller pumps; reversing the flow in the forcemain between Ware Road and Laurene Avenue; and terminating the maintenance agreement with the Metropolitan Council for the Black Duck Lift Station. The end result of all this activity will be the Metropolitan Council having a single point of service to this part of the City with a clear delineation between Regional and City facilities. Mr. Powell explained the agreement should be amended to reflect not only the forcemain alignment but also that the Laurene Lift Station Site, LP53 is to be conveyed back to the City. PAGE 25 COUNCIL MEETING MAY 22, 1995 Mr. Powell recommended that the Conveyance Agreement with the Metropolitan Council be approved as amended and returned to the Metropolitan Council for further processing. Council Member Elliott moved to approve the Conveyance Agreement with the Metropolitan Council as recommended by Mr. Powell. Council Member Bergeson seconded the motion. Motion carried unanimously. Mr. Powell explained that the Conveyance Agreement will be forwarded to the Metropolitan Council. He noted that they will be addressing this matter in the next week or two. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of Classification and Sale of Tax Forfeit Lands Mrs. Anderson explained that seven (7) parcels of land in the City of Lino Lakes have forfeited to the State of Minnesota because of delinquent property taxes. The Anoka County Land Commissioner has asked that the City Council approve the classification and sale of the parcels. The parcels include: Lot 2 and Lot 3, Block 1, Rice Lake Estates - These two (2) lots are located east of the well house on Sandhill Drive. Soil conditions on both lots are very poor and may not support a foundation. Two (2) other lots in Rice Lake Estates have also forfeited to the State because of poor soil conditions. New homes have been constructed on lots that have not forfeited to the State. Lot 13, Block 4, Lakes Addition No. 1 - This parcel is 1 /17th of the lot which is the lake access lot on the west side of Reshanau Lake for the homes located on the golf course side of West Shadow Lake Drive. This is the fourth parcel of the 17 parcels that have forfeited to the State. Outlot A, Sunrise Meadows - This is a landlocked parcel. The City already has an easement over the eastern portion of the lot because it is part of the Section 18 drainage area. Mr. Powell has recommended that the City obtain title to the entire parcel to insure that it will remain a part of the Section 18 area wide drainage system. Outlot A, Lakeview Place - This is a very narrow strip of land. When Lakeview Place was platted, LaMotte Circle was platted over PAGE 26 1 COUNCIL MEETING MAY 22, 1995 an existing lot. This is the remainder of the lot. Mrs. Anderson recommend that Anoka County offer this parcel to the adjoining lot owner. Parcel 25- 31 -22 -21 -0004 - This is a small triangle shaped parcel located on Cedar Street. The parcel was divided from a larger parcel by a 50 foot wide NSP power line corridor. The parcel is not a legal building site. Mrs. Anderson recommended that this parcel be offered for sale by the County. Parcel 36- 31 -22 -14 -0004 - This is a large parcel of approximately 18 acres located on the northwest corner of Rolling Hills Drive and Bald Eagle Boulevard. The entire parcel is low with cattails and other wetland vegetation. The Building Inspector indicates that there has been interest in the lot, however, both the Rice Creek Watershed District and the Department of Natural Resources have never issued a permit to place fill dirt for a house foundation or septic system. Kate Drury, Rice Creek Watershed District says they have received many calls on this parcel. She noted that the entire parcel is in the flood plain and development of the parcel would be governed by the State Wetland Conservation Act. Ms. Drury explained that, although no one has performed an evaluation of the site, it is unlikely that the Rice Creek Watershed District would issue a permit for any improvement. Mrs. Anderson explained that she did not know of any reason why the City would want to obtain title to this property. Mrs. Anderson recommended that the City Council adopt a motion approving the classification and sale of the parcels by the Anoka County Land Commissioner with a notice stating that the City would like to obtain title to Outlot A, Sunrise Meadows for drainage purposes. Mayor Reinert referred to the last parcel outlined by Mrs. Anderson and asked why the City could not obtain title of the parcel for open space purposes. Mrs. Anderson explained that when the City obtains tax forfeit land, the land must be used for a state public interest. Mr. Hawkins suggested that the City could use the parcel as an environmental area. Mr. Schumacher asked if the Park Board or the Parks Director had looked at the parcel. Mrs. Anderson said no. Mayor Reinert said he would like to see how this parcel would fit into the Comprehensive Park Plan. Mayor Reinert said that the City Council would be shortsighted in not taking a second look at this and maintain ownership. He felt that this could be designated open space. Mr. Schumacher suggested that the parcel be useful as a potential mitigation PAGE 27 COUNCIL MEETING situation. MAY 22, 1995 Council Member Bergeson moved to table the matter until the next Council meeting. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Arbor Month Proclamation - Mr. Schumacher explained that the City has taken an active part in the annual Arbor Day celebration over the past several years. This year the celebrations will take place on Tuesday, May 23, 1995 at the Anoka County day School in the Correctional Facility and on Friday, June 2, 1995 at the Lino Lakes Elementary School. A proclamation is part of the Arbor Month ceremonies, therefore, the City Council should approve the proclamation regarding the Arbor Month celebrations, and extend Arbor Month to June 2, 1995 to include the Lino Lakes Elementary School. Council Member Elliott moved to approve the proclamation. Council Member Bergeson seconded the motion. Motion carried unanimously. Update of Lake Drive (CSAH 23) /Hodgson Road (State Highway 49) Improvement - Mr. Heth noted that at the Wednesday evening Council work session, he explained the need to find an area to mitigate some wetland along Hodgson Road. He has contacted Kate Drury at the Rice Creek Watershed District and Jon Olson at the Anoka County Highway Department concerning the alternatives to mitigating the wetlands on Outlot A, Rice Lake Estates. Ms. Drury indicated that an alternate site would be acceptable. Mr. Heth told Ms. Drury that an alternate site probably could not be secured and approved within a time span that would not adversely affect the letting of the 49/23 Improvement Project. Ms. Drury said that she would require a letter from the City stating their intent to mitigate the wetland on an alternate site and that this site be found within 60 days. Mr. Olson said he would not consider allowing any mitigation on the County right -of -way adjacent to Lake Drive but would consider allowing the City to mitigate in an area by County Road #14 and County Road #53 for a fee. Mr. Olson said he is "banking" approximately six (6) acres at that site and he would have some excess to possibly allow the City to mitigate two thirds of an acre. Mr. Olson did not know what the fee would be. Mr. Heth asked Ms. Drury if this site would be an acceptable site and she indicated that it was acceptable. There is some time to find an alternate site for mitigation. Ms. Drury does not want to impact the letting of this project. She is willing to work with the City if the City promises in good faith to mitigate the 31,000 square feet. PAGE 28 1 1 1 1 COUNCIL MEETING MAY 22, 1995 Council Member Elliott moved to send a letter to Rice Creek Watershed District indicating that the City will find an alternate site acceptable to the Rice Creek Watershed District for mitigation for the Lake Drive (CSAH #23) /Hodgson Road (State Highway #49) improvement. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson suggested that the site be identified within the next 30 days to allow some time to obtain an agreement with the property owner. Mr. Heth has contacted the MnDOT representative at the State central office regarding when the Cooperative Agreement would be drafted. Mr. Heth was told that the agreement would be completed and delivered to the City on June 2, 1995 for City review. Mr. Heth was told that once the Cooperative Agreement is drafted the money is encumbered. The Cooperative Agreement will be presented to the City Council at the first meeting in June. Mr. Schumacher asked Mr. Heth if the key date to encumber the funds for this project is June 1, 1995. Mr. Heth said no, the date is June 30, 1995. Mr. Heth said Greg Coughlin told him that once the Cooperative Agreement is drafted and clears the Central Office, those monies are encumbered. Mr. Powell recommended that once the Cooperative Agreement is received, a letter be sent to Greg Coughlin stating that the City understands that the funds have been encumbered based on the receipt of the Cooperative Agreement. Mr. Powell said that both the Cooperative Agreement and plans for the improvement and authorization for bids will be presented for Council action at the June 12, 1995 Council meeting. Mr. Schumacher asked Mr. Heth what the status was regarding the intersection signalization agreement. Mr. Heth said that this matter is "stuck" at SEH. He talked to Glenn Van Wormer and was told that this is a standard State Agreement. However, Mr. Van Wormer wants some clarification made between the City's portion of the maintenance and the County's portion of the maintenance. The States portion of the maintenance agreement is standard. Mr. Heth said he would send a memorandum to the City on this matter and Mr. Van Wormer will be in contact with Mr. Powell on this matter. The City Council adjourned to a closed session to discuss the Local 49 Labor Agreement at 8:55 P.M. The City Council returned from the closed session at 9:13 P.M. Council Member Elliott moved to adjourn. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 29 64 COUNCIL MEETING MAY 22, 1995 These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. / ( ✓ (i4' / L✓n�1 L c 7 �✓ Maily G. An erson, Vernon F. Reinert, Clerk - Treasurer Mayor PAGE 30 1 1 Council Member Bergeson resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -49 introduced the following RESOLUTION ACCEPTING BIDS FOR HODGSON ROAD TRUNK WATERMAIN IMPROVEMENTS WHEREAS, Pursuant to an advertisement for bids for Hodgson Road Trunk Watermain Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid Bonine Excavating 12669 Meadowvale Road Elk River, Minnesota 55330 $237,947.86 C.W. Houle, Inc. 1300 West County Road I Shoreview, Minnesota 55126 $245,932.40 Burschville Construction 11440 -8th Street NE Hanover, Minnesota 55341 $291,865.75 Glenn Rehbein Excavating 8651 Naples Street NE Blaine, Minnesota 55449 $297,137.20 Northdale Construction 14450 Northdale Boulevard Rogers, Minnesota 55374 $298,864.65 Penn Contracting 1697 Peltier Lake Drive Centerville, Minnesota 55038 $299,113.20 Brown & Cris, Inc. 19740 Kenrick Avenue Lakeville, Minnesota 55044 $316,758.05 Ro -So Contracting 7137 -20th Avenue Centerville, Minnesota 55038 $330,636.50 Sue's Excavating Route 1, Box 151 Isle, Minnesota 56342 $340,670.24 Engineer's Estimate $209,292.20 AND WHEREAS, it appears that Bonine Excavating, Elk River, Minnesota, is the lowest responsible bidder, AND WHEREAS, through negotiation with the lowest responsible bidder the low bid amount has been reduced to $230,200.50, which would conform to City Charter requirements, 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 the attached contract with Bonine Excavating of Elk River, Minnesota, in the name of the City of Lino Lakes for Hodgson Road Trunk Watermain Improvements, according to the plans and specifications therefore 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 City Council this 22nd day of May, 1995. Vernon F. Reinert, Mayor ATTEST: anlrn G Anderson Clerk- Treasurer ti')16 ■_( The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether 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 passed and adopted. 1 CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 22nd , 1995. Marilyn G. Anderson, nderson, Clerk- Treasurer 6 <j Council Member Bergeson moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 — 61 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR MUNICIPAL WELL NO. 3 WHEREAS, pursuant to a resolution passed by the City Council on September 26, 1994, the City Engineer has prepared plans and specifications for Municipal Well No. 3 and has presented such plans and specifications to Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two (2) days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Friday, June 9, 1995 at which time they will be publicly opened in the Council Chambers of the city hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, June 12, 1995 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council is -22nd day of May, 1995. Vernon F. Reinert, Mayor Mari!lynjG. 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. Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 — 62 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE BLACK DUCK PUMPING STATION WHEREAS, pursuant to a need to update and repair the Black Duck Pumping Station, the City Engineer has prepared plans and specifications for the Black Duck Pumping Station and has presented such plans and specifications to Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two (2) days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Monday, June 26, 1995 at which time they will be publicly opened in the Council Chambers of the city hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, June 26, 1995 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Counc -zs 22nd day of May, 1995. Vernon F. Reinert, Mayor G. Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether 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. Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 9 5 - 6 3 RESOLUTION APPROVING THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -7 BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota (the "City ") as follows: Section 1. Recitals. 1.01. On January 26, 1987, the City adopted a Development Program for Development District No. 1, pursuant to and in accordance with Minnesota Statutes, sections 469.124 through 469.134. 1.02. Since 1987, the City has established six tax increment financing districts within Development District No. 1, pursuant to the provisions of Minnesota Statutes, sections 469.174 through 469.179. 1.03. The City has subsequently transferred authority regarding economic development within Lino Lakes, including administration of Development District No. 1, to the Economic Development Authority (the "Authority "). 1.04. In response to a development proposal in an area of the community which has not developed to its potential despite substantial public investment, the Authority has proposed to establish a seventh tax increment financing district within Development District No. 1. 1.05. The Authority has investigated the facts and has caused to be prepared a tax increment financing plan (the "Plan ") for a new tax increment financing district ( "Tax Increment Financing District No. 1 -7), describing the assistance which may be provided for the benefit of and to encourage development of two industrial projects. 1.06. All actions required by law to be performed prior to the adoption of the Plan and establishment of Tax Increment Financing District No. 1 -7 have been performed, including approval of the Plan by the Authority on May 22, 1995. 1. 07. The Authority has notified Anoka County and Independent School District No. 12 of the public hearing on the Plan to be held before the City. 1.08. The Plan is contained in a document entitled "Tax Increment Financing Plan, Tax Increment Financing District No. 1 -7, Lino Lakes Economic Development Authority" dated May 22, 1995, and is on file at city hall. RHB88883 LN140 -36 1 1 1 1.09. The Council has fully reviewed the contents of the Plan and has on May 22, 1995 conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings Relating to the Establishment of Tax Increment Financing District No. 1 -7. 2.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the Development 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 Authority and the City to establish Tax Increment Financing District No. 1 -7. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the industrial projects proposed in the Plan for Tax Increment Financing District No. 1 -7 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 to assist the projects. 2.03. The expenditures proposed to be financed through tax increment financing are necessary to permit the City to realize the full potential of the Development District in terms of development intensity and tax base. 2.04. The Plan for Tax Increment Financing District No. 1 -7 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Development District by private enterprise. 2.05. The City has relied upon the opinions and recommendations of its staff, the Authority and the personal knowledge of the members of the city council in reaching its conclusions regarding the Plan and the establishment of Tax Increment Financing District No. 1 -7. 2.06. Tax Increment Financing District No. 1 -7 is an economic development tax increment financing district within the meaning of Minnesota Statutes, section 469.174, subd. 12. Section 3. Approval of the Tax Increment Financing Plan; Establishment of Tax Increment Financing District No. 1 -7. 3.01. The Plan for Tax Increment Financing District No. 1 -7 is hereby approved as adopted by the Authority. 3.02. Tax Increment Financing District No. 1 -7 is hereby established. The boundaries of Tax Increment Financing District No. 1 -7 are as described in the Plan and incorporated herein by reference. 3.03. The City elects for Tax Increment Financing District No. 1 -7 to be treated as described in Minnesota Statutes, section 469.177, subd. 3(a) with regard to fiscal disparities. RHB88883 LN140 -36 71 72 3.04. The Executive Director of the Authority 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 original tax capacity of the property within Tax Increment Financing District No. 1 -7 be certified to the Authority and the City pursuant to section 469.177, subd. 1 of the Tax Increment Financing Act and to file a copy of the Plan for Tax Increment Financing District No. 1 -7 with the Minnesota department of revenue. 3.05. The City Administrator is authorized and directed to transmit a copy of this resolution to the Authority. DATED: May 22, ATTEST: M /ar, , 1995. yfi G. Anderson, Clerk-Treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kuether 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. RHB88883 LN140 -36 1