HomeMy WebLinkAbout05/22/1995 Council Minutes (2)1
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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(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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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