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HomeMy WebLinkAbout03/25/1996 Council Minutes (2)CITY COUNCIL DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT MARCH 25, 1996 CITY OF LINO LAKES COUNCIL MINUTES : March 25, 1996 . 6:30 P.M. . 9:30 P.M. : Bergeson, Kuether Lyden, Neal, Landers : None Staff members present: City Attorney, Bill Hawkins, City Engineer, David Ahrens; Consulting Engineer, John Powell; Bond Consultant, Ron Batty; Community Development Director, Brian Wessel; Community Development Assistant, Mary LaForest; Planning Coordinator, Mary Kay Wyland; Chief of Police, David Pecchia; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mayor Landers added, Annual Appointment to New Business, Agenda Item No. 15B. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. Disbursements, March 25, 1996 - Council Member Lyden questioned the criminal prosecution portion of the bill from William G. Hawkins. Mr. Hawkins explained that this is all costs associated with criminal prosecutions for one month. He noted that this billing is typical of a monthly bill for prosecution. Mr. Hawkins said the cost of prosecution has risen substantially because the City has more police officers and the legislature has pushed more criminal prosecution responsibility back onto the municipalities. The drunk driving and the domestic assault cases are now gross misdemeanors and are more complicated to prosecute. OPEN MIKE Friends of the Parks Appointments, Mayor Landers - Mayor Landers explained that the Friends of the Parks Foundation was established in 1992 and is designed to accept dollars and in kind contributions on behalf of the City's parks and related activities. Last year alone, this group raised $25,000.00 in cash and materials. This past week the Friends of the Parks accepted a check from the Target Foundation for $1,000.00 for the purpose of supporting the performances in the parks this summer. The Foundations by- laws state that the Mayor is required to make appointments and re -appointments to the PAGE 1 CITY COUNCIL MARCH 25, 1996 board of this non-profit foundation. Mayor Landers said that it is his pleasure to introduce three (3) of the best friends that the parks and the City of Lino Lakes could have; Jacqueline Farm, Bill Frogner and Dianne Jensen. He congratulated them on their re -appointments. Mayor Landers, on behalf of the City Council, and residents of Lino Lakes, thanked them for their efforts. He noted that this orgagization is truly an example of the spirit of volunteerism that is so important to communities now. He noted that there are still several positions open on the board and asked if anyone watching this cablecast at home or in the audience is interested in serving as a board member, they should contact the Parks and Recreation Department. Mayor Landers explained that if anyone is interested in making a tax deductible contribution to the Friends of the Parks Foundation, please contact Martha Walmsey or the Parks and Recreation Department. POLICE DEPARTMENT ANNUAL REPORT, CHIEF PECCHIA Chief Pecchia explained that a copy of the 1995 Statistical Review was placed in each Council packet for review by the City Council. A copy of the Statistical Review will be placed in the Citizens Library for citizen review. The report contains three major sections; Statistics and Programs, Reports Requested by Council during the year on various programs including "If you are skipping school, then skip this place". Signs with this message have been posted in all local business. The back side of the sign lists dates when kids should be in school and when they will not be in school for all three school districts. The Review contains examples of letters of recognition received by the officers and letters from the public for outstanding performance by the officers. Chief Pecchia gave a brief outline of 1995 activities for the Police Department. The Police Department experienced unprecedented growth in personnel resources, professional development and community involvement. The Community Policing Philosophy continues to be implemented throughout the City which has resulted in the development of 35 McGruff Houses and 76 Neighborhood Watch Block Captains and Co -Captains. The Crime Free Multi -Housing Program was introduced at the Baldwin Mobile Home Park. The Police Department continues to experience unprecedented cooperation between the park residents and park owners. The Police Officers have made diligent efforts to welcome new residents into the City by delivering the new resident packets and taking this opportunity to introduce themselves to the residents in their assigned precinct. Two Police Officers were hired to supplement the patrol staff and assist with the Community Policing Philosophy. The Police Department enlisted additional assistance from Reserve Officers to promote the Community Policing Philosophy by adding two new members to the existing ranks. In conjunction with the Centennial School District, a Youth Resource Officer Program was developed to proactively address the needs of the children in this community. PAGE 2 CITY COUNCIL MARCH 25, 1996 The Police Department continues to strive to meet its goals and objectives as outlined in the Mission and Value Statements. While calls for service increased approximately 21% over the previous year, the Police Department continues to energize community support and cooperation from the residents, City Staff and Council Members. Council Member Lyden thanked Chief Pecchia and said he is proud of the Chief and the Police Department. He said he is impressed by the Mission Statement and the Value Statement and noted that they were very well done. Council Member Lyden said that he hoped that the public knows that these statements are more than works on a piece of paper. Council Member Bergeson asked Chief Pecchia about the chart on assaults. Chief Pecchia explained that the Police Department is involved with the Violence Prevention Coalition that was started in the Centennial community. Starting in 1996, the Police Department will specifically target assaults that occur in the community. Because the Police Department plans to be intimately involved in the Coalition, the plan was to start with a baseline to see if what the Coalition does has any impact on the assaults that will be recorded in the City. Council Member Bergeson noted that the City is no longer involved in the Anoka County transport system and asked if there was any discussion regarding what will be done in the future. Chief Pecchia explained that none of the cities are participating in that program. Anoka County was providing the vehicle and they decided that they could not afford to put all the miles on their vehicle. The City has reserve officers that are trained in transport and the plan is to use reserve officers on weekend evenings to transport persons who need to be transported to jail. Chief Pecchia felt the County transport program would be reactivated in the late spring or early summer. Council Member Kuether noted that personal injury accidents have increased a lot. Chief Pecchia explained that these are car related accidents and the Police Department sees this area as a challenge for 1996. Although there is a significant increase in the number of traffic tags written in 1995, the Police Department is looking at the locations where most of the accidents are occurring and trying to determine some traffic enforcement strategy and some education strategy to see if this number can impacted. Council Member Kuether noted that there is a substantial decrease in weapons violations. Chief Pecchia explained that there are several reasons for this decrease including the introduction of a better system of classifying incidents. The new Hunting Ordinance has also impacted this statistic. He explained that there was great community involvement in rewriting the ordinance and there has been great community cooperation in enforcing the ordinance. There were significantly fewer call regarding weapons violations. Council Member Kuether noted that snowmobile thefts increased significantly. Chief Pecchia explained that the northern part of Anoka County was seriously affected by a band of young thieves who have stolen more than one hundred snowmobiles from Lino Lakes and northern suburbs Even a Police Department employee was a victim of these thieves. PAGE 3 CITY COUNCIL MARCH 25, 1996 Some suspects have been arrested and investigators from several jurisdictions have met to determine who was involved and what to do about the problem. Council Member Kuether asked Chief Pecchia to explain the increase in the narcotics violations. Chief Pecchia said there has been significant information sharing with the Anoka County Sheriffs office regarding drug activity in Lino Lakes. Also there has been a significant increase in drug introduction into the prison. The Lino Lakes Police Department gets the initial call and then turns the call over to the Anoka County Sheriff's office who handles the investigation. A significant number of the narcotics violations are related to the introduction of drugs to the prison. Mayor Landers thanked Chief Pecchia for his report. PUBLIC HEARING, CENTENNIAL MIDDLE SCHOOL STREET AND UTILITY IMPROVEMENT, DAVID AHRENS Mr. Ahrens explained that the Centennial School District officials have again requested that the public hearing for the proposed improvements to serve the Centennial Middle School be postponed until April 22, 1996. This delay will allow Mr. Ahrens to gather the information requested at the last Council work session as well. Council Member Kuether moved to continue the public hearing to April 22, 1996. The motion was seconded by Council Member Neal. Motion carried unanimously. CONTINUATION OF PUBLIC HEARING, IMPROVEMENT OF 12TH AVENUE AND HOLLY DRIVE, DAVID AHRENS The public hearing for the proposed improvements to 12th Avenue/Holly Drive was continued from January 22, 1996. Staff and the developer last met on Friday, March 15, 1996 to discuss improvements to 12th Avenue/Holly Drive. Staff was expecting to finalize questions regarding the developer's responsibility to this improvement, however, this was not accomplished and the developer has'been unavailable since Wednesday. March 20, 1996. Additional meetings with the developer are necessary and, therefore, staff is requesting that the public hearing be continued to April 22, 1996. There are no time constraints for action to be taken on this item as long as the public hearing is not closed. Council Member Kuether moved to continue the public hearing to April 22, 1996. Council Member Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING. MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 1-4, BRIAN WESSEL Mr. Wessel explained that earlier this evening, the Economic Development Authority (EDA) adopted the modification of this plan to remove the unimproved parcels from Tax PAGE 4 CITY COUNCIL MARCH 25,1996 Increment Financing (TIF) District No. 1-4. These parcels include the area zoned shopping center on the 135W interchange, the G.M. Development property in the Apollo Business Park (except for Emtech and Blue Heron Development:, a piece of land near the senior housing project owned by St. Joseph's Church, and the Highway #49/Lake Drive intersection. Anoka County, and the Centennial and Forest Lake School Districts have been notified regarding the modification. Several of the parcels that are being removed either because it is unlikely they will develop within the reasonably foreseeable future, or they are zoned for nonqualifying uses under state statutes. Once this modification is completed, the G. M. Development property, which is zoned for light industrial, will be combined with the newer TIF District No. 1-7. This will provide the City with enough capacity to offer financial assistance to businesses wishing to locate in this district. Mr. Wessel used the overhead projector to show TIF District No. 1-7. After TIF District 1-4 is deleted, the plan is to extend TIF District No. 1-7 which was developed last year and includes the City owned portion of the Apollo Business Park, to include the G. M. Development land that has not been developed and has not been in a TIF district. Two parcels, the Blue Heron, which is under construction and EMTEC which was completed three years ago, would be exempted from this district. Mr. Wessel explained that in addition to the G. M. Development lands, he is recommending that the light industrial lands south of I35W, owned by Glenn Rehbein, be added to the district so that in the future the City can provide incentives for light industrial companies to move into the area. Land owned by Hawkins Chemical on the north side of I35W would also be included in the district. Although the Hawkins Chemical land is zoned General Business, the EDA would like to have the option of developing that property for Light Industrial purposes. The land owners involved with all of the requested changes have been contacted and agree with this proposal. Mayor Landers opened the public hearing at 7:08 P.M.. There was no one in the audience to speak on this agenda item. Council Member Kuether moved to close the public hearing at 7:09 P.M. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden voting no. Consideration of Resolution No. 96 - 32 Approving the Modification of Tax Increment Financing Plan for Tax Increment Financing District No. 1-4 - Mr. Wessel explained that this resolution recognizes that much of the land within TIF District No. 1-4 is not likely to develop within the reasonably foreseeable future, and modifies the TIF Plan to delete most of the remaining land from the District with the exceptions noted above. PAGE 5 CITY COUNCIL MARCH 25, 1996 Council Member Kuether moved to adopt Resolution No. 96 - 32 as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden voting no. Resolution No. 96 - 32 can be found at the end of these minutes. PUBLIC HEARING, MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7, BRIAN WESSEL Mr. Wessel explained that earlier this evening the EDA adopted the modification of TIF District No. 1-7 plan to provide financial assistance to two companies proposing to build in the Apollo Business Park, and to add additional parcels to TIF District No. 1-7. These light industrial parcels are being added to the district to take advantage of the capacity available. This will provide the City with the opportunity to take further advantage of the momentum it has gained in attracting light industrial businesses. Anoka County, Centennial School District and the Forest Lake School District have been notified regarding this planned modification. The two companies included in this proposal are Progressive Engineering and Balentine Trench -All. Progressive Engineering is a 15 year old company presently located in the City of Blaine and has no room to expand and has chosen Lino Lakes to relocate its facility. Mr. Wessel said that he was very pleased with this move. He explained that the company is very clean and well established and a quality company. They presently have about 20 employees and will be adding employees. They are proposing to build a 16, 000 square foot light manufacturing facility on 2.3 acres of land. The City would use TIF for 1.8 acres for the building. The additional land will be used for expansion in the future. The second company planning to relocate in the Apollo Business Park is Ballantine Trench -ALL. This is a Japanese company that is basically an office/warehouse/distribution company presently located in northeast Minneapolis. This company has a special problem which is that their lease expires in October and they would like to be in a new facility in Apollo Business Park. This company has 35 employees and will build a 30,000 square foot building on a three acre parcel. Owners of this company have to go to Japan to get approval to move and during the interim period, the EDA is asking that the City Council approve the modification of TIF Plan No. 1-7. The City Council is not being asked to approve the projects at this time. The request is to approve modification of the TIF plan for TIF District No. 1-7. Mr. Wessel used the overhead projector to show the exact proposed locations of these two companies. Council Member Bergeson asked how many years are left in District No. 1-7. Mr. Batty explained that District No. 1-7 was created last May or April and has a life of either 11 years from the date its was established or nine years worth of increment. The District would last to April or May, 2006. PAGE 6 CITY COUNCIL MARCH 25, 1996 Mayor Landers opened the public hearing at 7:15 P.M. There was no one in the audience to speak on this matter. Council Member Bergeson moved to close the public hearing at 7:16 P.M. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden voting no. 0 Consideration of Resolution No. 96 - 33 Approving Modification of Tax Increment Financing Plan for Tax Increment Financing District No. 1-7 - Mr. Wessel explained that this resolution finds that the modification of TIF District No.1-7 allowing the City to provide tax increment financing assistance to Progressive Engineering and Ballantine Trench -ALL, along with adding parcels to the district, has been determined to be in the best interest of the City. While the City is in the early stages of negotiations with Ballantine, its inclusion in the plan modification will enable the City to facilitate their plans without having to return to the City for an additional modification. Inclusion in the plan does not obligate the City or the company in any manner. Mr. Wessel requested that the City Council adopt Resolution No. 96 - 33. Council Member Kuether moved to adopt Resolution No. 96 - 33. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden voting no. Resolution No. 96 - 33 can be found at the end of these minutes. PUBLIC HEARING, BIRCH STREET WATERMAIN IMPROVEMENT, JOHN POWELL Mr. Powell used the overhead projector to explained the proposed route for a watermain extension that would connect the existing municipal water utility to the new water utilities in the Clearwater Creek Development Center. He explained that at the Council meeting on February 12, 1996, the City Council received the feasibility report for this project and set the public hearing for March 25, 1996. This improvement is critical to support the development of businesses in the Clearwater Creek Development Center located at the I -35E and Main Street interchange. The project is to be financed via the City Area and Unit Enterprise Fund therefore no special assessments have been proposed as part of the project. Residents who receive a benefit from the improvement will only be charged connection costs if they decide to connect to the watermain. Mr. Powell explained that public comment is going to be taken this evening, however, no other City Council action is requested at this time. Plans and Specifications are being drafted and will be before the City Council on April 8, 1996. Mr. Powell explained that the watermain improvement will begin in the area of Sherman Lake Road and go east along the south side of Birch Street past Centerville Road to 20th Avenue. The watermain would go north on 20th Avenue to Cedar Street and east on Cedar Street, under I -35E to the area of well #4. This watermain is included in the Comprehensive Land Use Plan. The cost of constructing the watermain is estimated to be PAGE 7 CITY COUNCIL MARCH 25, 1996 $672,950.00 and the total cost including engineering, administration and easement acquisition is expected to cost approximately $908,335.00. Mr. Powell said that bids would be advertised and opened in May and the project would be completed in July, 1996. He recommended that the City Council follow this aggressive schedule to insure that the water utility will be available for development scheduled for this fall. Council Member Lyden asked what attempt will be made to notify the residents along this improvement of the pending construction. Mr. Powell explained that they all will be contacted. Council Member Bergeson asked why stubs were being placed at only properties where the owners were contemplating immediate hookup. Mr. Powell explained that stubs are costly and providing a connection after the watermain is completed is easy to construct. He noted that a stub will be located on 20th Avenue at the Centerville city limits for future extension of service to the City of Centerville for emergency purposes. Mayor Landers opened the public hearing at 7:31 P.M. Mr. Clyde Carpenter, 6748 - 20th Avenue asked if his property would be affected by the construction. Mr. Powell said yes, a part of his driveway will be removed to lay the pipe. The driveway will be reconstructed to its original condition. Mr. Carpenter said that the culvert under his driveway is not large enough resulting in a backup of drainage in the spring and during rainstorms. Mr. Powell suggested that Mr. Carpenter contact the Rice Creek Watershed District and ask them to look at his situation. Council Member Kuether moved to close the public hearing at 7:34 P.M. Council Member Lyden seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 96 - 31, INTENT TO ESTABLISH A SYSTEM OF ORGANIZED COLLECTION OF RESIDENTIAL SOLID WASTE, JACKIE CONSTANT Ms. Constant explained that this item was discussed during previous work sessions. The Lino Lakes Solid Waste Advisory Committee has been investigating a system of organized collection for the City. Minnesota Statute, 115A.94 states that the City Council must adopt a resolution announcing its intent to organize collection to enable the participation of interested parties, including the licensed haulers, in the planning and establishing a collection system. Ms. Constant asked the City Council to adopt Resolution No. 96 - 31 enabling her to continue researching organized collection. Council Member Lyden moved to adopt Resolution No. 96 - 31. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 31 can be found at the end of these minutes. PAGE 8 CITY COUNCIL MARCH 25,1996 CONSIDERATION OF RESOLUTION NO. 96 - 36, EARTH DAY PROCLAMATION, JACKIE CONSTANT Ms. Constant explained that the annual Earth Day clean-up ami celebration activities are scheduled for Saturday, April 20, 1996. The activities will be held at the Joseph E. Wargo Nature Center. This event is being shared with the surrounding communities of Circle Pines, Centerville and Lexington. Celebration activities will include representatives from the four (4) cities. The activities will include reading the Earth Day Proclamation. Ms. Constant read the proclamation and asked the City Council to adopt Resolution No. 96 - 36 proclaiming April 20, 1996 Earth Day in Lino Lakes. Council Member Kuether moved to adopt Resolution No. 96 - 36. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 33 can be found at the end of these minutes. PLANNING AND ZONING REPORT, MARY KAY WYLAND Site Plan, Lift Stations, Metropolitan Council Environmental Services (MCES), Ware Road - Ms. Wyland explained that a request to construct a building resembling a single family home on Outlot A and Outlot B, Pine Ridge, Third Addition has been presented for Planning and Zoning Board and City Council review and approval. The building will house a MCES sanitary sewer lift station. The construction of the lift station is critical in order to handle increasing sanitary sewer needs for the City of Lino Lakes. Construction of this project was originally anticipated for late 1995 and is now expected to be complete in the fall of 1996. The MCES has already held public hearings and neighborhood meetings concerning the construction of the force main that will service this lift station and actual construction of the main is anticipated in the near future. The force main will run south on Ware Road and then west on Ash Street (County Road J) to approximately Lexington Avenue where it will connect with an existing interceptor. Ms. Wyland used the overhead project to show the intended location of the building. This item is being presented to the City Council for review because any construction, other than single family construction, in a Single Family (R-1) residential district requires a site plan review. SITE EVALUATION The proposed construction will consist of a building approximately 1100 square feet in area which is very similar to a single family home. It will include the appearance of a double garage, driveway, extensive landscaping, and brick facade on the building. The building will be located on Outlot A of the Pine Ridge, Third Addition, however, a portion of the underground utilities will extend onto Outlot B. The MCES has purchased PAGE 9 CITY COUNCIL MARCH 25, 1996 both outlots for this construction and intends to keep Outlot B as a vacant parcel to help buffer the building from adjoining properties. The Planning and Zoning Board reviewed this item at their March 13, 1996 meeting and recommended approval of the site plan review with the following conditions: 1. Property building permits be obtained prior to construction. 2. The landscaping plan include evergreen plantings to help screen the site from adjoining residential properties. The landscaping plan shall be subject to the approval of the City Forester. Outlot A and Outlot B shall be maintained as a single family residence at all times with a well trimmed and maintained yard area. 3. Site drainage plans shall be reviewed and approved by the City Engineer. 4. Trash generated from the site shall be stored in an enclosed container located in the garage area of the building. 5. Noise levels generated from the use of the building shall be within required Minnesota Pollution Control Agency standards for a residential area. Council Member Neal noticed the location of a transformer on the property. He asked if the transformer would be fenced. Mr. Ahrens explained that the transformer will be housed in a heavy gage metal structure and there should be no security concerns. He also noted that the transformer would be tested weekly. Council Member Lyden asked why a public hearing is not required for this matter. Ms. Wyland explained that it is not required, only a site plan review. Mr. Ahrens explained that the MCES has already held public hearings on this issue and has also met with neighborhood groups. Very few residents attended the hearings. Council Member Lyden asked if this installation would emit odors. Ms. Wyland explained that chemicals are used to control odors. She noted that there is a lift station already on the site. Council Member Kuether moved to approve the site plan review for the MCES lift station with the condition that odors be monitored. Council Member Lyden seconded the motion. Motion carried unanimously. Site Plan Review and Minor Subdivision, Progressive Engineering, Apollo Drive - Mr. Wessel explained that he was delighted to welcome Progressive Engineering to Lino Lakes He introduced Mr. David Tomczyk, Manager of Progressive Engineering and Mr. John Weber of Stone Construction. PAGE 10 CITY COUNCIL MARCH 25, 1996 Ms. Wyland explained that Progressive Engineering is planning to construct a 16,000 square foot office/manufacturing facility in the Apollo Business Park on a parcel of property approximately 2.3 acres in size. The property is zoned General Industrial and is located immediately south of the Fogerty/Custom Remodelers site. Along with the site plan review, the developer is requesting approval of a minor subdivision for the 2.3 acre parcel. A survey for the project is currently being prepared. Ms. Wyland used the overhead projector to show the location of the parcel purchased by Progressive Engineering. The Economic Development Department has been working with Progressive Engineering and is recommending approval of the proposed site plan and minor subdivision. The Company is owner occupied and has been located in Blaine for 15 years. Progressive Engineering has a proprietary design for optical coating systems and contracts with companies such as Unisys and Federal Cartridge. They employ 20 people at this time and plan to add two employees per year. A future expansion area is indicated on the plan and is planned within the next five to ten years. SITE PLAN REVIEW SETBACKS: The proposed building meets or exceeds the setback requirements required by the Zoning Ordinance for the building and the parking area. In addition, the building will have a sprinker system as required by the building codes. BUILDING HEIGHT: The proposed building will be 20 feet in height which is below the 45 feet maximum height allowed in the General Industrial zoning district. GREEN AREA: A minimum green area of 10% is required by the Zoning Ordinance and will be exceeded in this proposed construction. LANDSCAPING: A landscape plan has been provided and will be subject to review by the City Forester prior to issuance of any building permits. Staff is encouraging additional evergreen type plantings on the I -35W side of the project. AESTHETIC COMPATIBILITY: The exterior of the proposed building is indicated as painted rockface block with a single score block accent. A unique entrance design is planned with a curved front treatment to the building. Color selections are planned earth tones. OFF-STREET PARKING: There are a total of 41 parking spaces shown on the site plan including one handicapped space. Additional parking is planned for the future expansion to the north of the building. The 41 parking spaces provided exceed the requirements of the Zoning Ordinance at this time and should be adequate to serve the site. CIRCULATION AND ACCESS: One access drive is provided to serve the site and the undeveloped property to the south. The drive is proposed to be 40 feet in width and PAGE 11 CITY COUNCIL MARCH 25, 1996 should adequately serve both parcels. A shared driveway agreement will be required as a condition of approval for this site plan as is the standard practice for development in the Apollo Business Park. LOADING AND TRASH HANDLING: A refuse enclosure has been provided on the south side of the building and will be screened from the public right-of-way by a six to eight foot high enclosure. LIGHTING: The off street parking area must be illuminated so as to reflect light away from the adjoining properties and street right-of-way. SIGNS: All signage will be required to meet the requirements of the Sign Ordinance. UTILITIES, DRAINAGE AND GRADING: Plans for onsite grading, drainage and utilities will be subject to review and approval by the City Engineer. A 30 foot easement runs along the easterly property line to carry drainage to an existing ponding area south of this site. This area must be kept free of plantings, parking, and other items that would prohibit the proper function of this drainage easement as determined by the City Engineer. The Planning and Zoning Board and EDAAB have recommended approval of the site plan review and the minor subdivision with the following conditions: 1. Proper building permits be obtained prior to any construction. 2. The applicant shall sign a development agreement and post financial guarantees as specified by the City prior to issuance of the building permit. The development agreement shall include provisions for a shared driveway. 3. The City Engineer shall review and approve the grading, utility and drainage plans. 4. Proper sign permits shall be obtained prior to installation of any signage. 5. The City Forester shall review and approve the landscape plan. 6. Roof top heating and ventilating units shall be screened and/or blended with the design and coloring of the building. 7. The parking area shall be constructed according to City standards including concrete curb, gutter, bituminous paving and handicapped spaces as required by the ADA rules and regulations. Ms. Wyland explained that a lighting plan should be the eighth condition of approval and a completed and signed development contract should be the ninth condition. PAGE 12 CITY COUNCIL MARCH 25, 1996 Council Member Kuether moved to approve the site plan for Progressive Engineering contingent upon the nine conditions described above. Council Member Lyden seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve the minor subdivision as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Middle School - Ms. Wyland was asked to present the request for a rezone, a minor subdivision, a conditional use permit and site plan approval at one time so that the entire project would be explained before taking any questions from the City Council. She used the overhead projector to show the location of the proposed middle school and to display the site plan. Ms. Wyland introduced Superintendent of Centennial Schools, John McClellan and Paul Schneider Architect of the proposed middle school. Ms. Wyland gave a brief background on the matter. Centennial School District approached the City with a plan to build the middle school using all their property along Elm Street and other property zoned Light Industrial (LI). The City Council adopted a resolution which stated that the City would not support a proposal to build a school on the LI parcel and asked the Centennial School District to consider purchasing property from the adjacent residential land owners. Centennial School District has now completed acquisition of the residential property and has requested that this property be rezoned Public, Semi -Public (PSP). The purpose of the PSP district is to aid in guiding development towards fulfillment of the Comprehensive Plan to serve the following functions: A. To provide the community with properly located schools, colleges, and health institutions. B. To provide the community with properly located public services and utilities. C. To provide the community with properly located green space, parks, playgrounds and recreational facilities. D. To relate public and semi-public locations with thoroughfare systems. Ms. Wyland explained that in reviewing the rezoning request, the Planning and Zoning (P & Z) Board and the City Council should consider its possible adverse effects. Judgments should be based upon but not limited to, the following factors: A. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Land Use Plan. PAGE 13 CITY COUNCIL MARCH 25, 1996 B. The proposed actual use is or will be compatible with present and future land uses of the area. C. The proposed use conforms with all performance standards contained herein. D. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. E. Traffic generated by the proposed use is within capabilities of streets serving the property. Ms. Wyland noted that to allow the proposed middle school as a conditional use, the entire site must contain a PSP designation. To establish a single zoning district, the applicant is requesting that the southwest portion of the site be rezoned from R-1 District to PSP and a small portion of the land in the LI District be rezoned to PSP. Comprehensive Land. Use Plan - The 1990 Land Use Plan suggests that the property be both residential and industrial. However, this is not consistent with the property's current PSP zoning which was applied to the property in 1972. Matters of land use designation are considered issues of City policy to be determined by City officials. Regardless of what land use the City feels is appropriate for the property in question, the City's Comprehensive Land Use Plan should be amended to reflect the City's desired use. The City's Comprehensive Land Use Plan includes policies which support the PSP zoning. The Economic Development Authority Advisory Board (EDAAB) reviewed the request and has no problem with a small portion of land zoned LI being rezoned to PSP. Ms. Wyland listed the criteria to determine the appropriateness of the proposed use. She noted that it is evident that there are advantages to locating a middle school in the close proximity of the residential area. In addition, the school property will serve as a transitional land use separating the residential area from I35W and the industrial uses to the north. The site design should address buffering of the residential uses in compliance with the Zoning Ordinance. The proposed rezoning is consistent with the surrounding properties. Vehicular Traffic - The proposed middle school site is bounded on the north by I35W and on the south by Elm Street. Lake Drive provides a north/south thorough fare that will provide access to the site. It is proposed that Fourth Avenue on the east side of the site, be extended between Elm Street and Lake Drive. A traffic signal is proposed at the intersection of Fourth Avenue and Lake Drive. The purpose of these street improvements is to improve traffic circulation throughout this neighborhood in the following way: A. Fourth Avenue reroutes Elm Street traffic to Lake Drive. PAGE 14 CITY COUNCIL MARCH 25, 1996 B. Fourth Avenue will provide primary access to the school site at three (3) separate locations. It is intended to orient the site traffic and parking away from the residential areas. C. Lake Drive and Fourth Avenue intersection will have *traffic light. The signal will help channel traffic to one point along Lake Drive and will provide some interruption at the intersection of Fourth Avenue and Lake Drive providing safe vehicular access and pedestrian/bicycle crossing at the intersection. D. Elm Street is a two lane residential street traversing from Lake Drive to Sunset Road. To channel traffic to Lake Drive, Elm Street will become a "right turn only" at the intersection with Lake Drive. Based on the feasibility study by OSM, these street improvements are intended to improve traffic patterns throughout the area. Pedestrian/Bicycle Traffic - Pedestrian/Bicycle issues raised by the Park Board and Police Department cite the following concerns: A. Crossing Lake Drive at Elm Street. B. Pedestrian and bicycle traffic from the residential areas south of the school site. The issue of pedestrians and bicycles becomes an important design element. To alleviate the pedestrian/bicycle traffic concern from the neighborhoods on Lake Drive, short term solutions were recommended as follows: A. Bus service to all neighborhoods east of Lake Drive, or B. Participation with the City to develop a trail along Lake Drive from Aqua Lane to Lake Drive and Fourth Avenue intersection and along the New Fourth Avenue, providing trail access to the school site, C. To address the pedestrian/bicycle traffic from the residential areas South of the school site a trail along Elm Street between Grey Heron Drive and Second Avenue is proposed with the City's participation. The school district policy is to participate on trail improvements along major roads up to a one mile radius of the school site on a 50%/50% shared cost agreement with the City. Within the general parameters of these trail corridors, a more detailed off-street trail plan must be provided that identifies the more specific trail locations, the trail construction cost and the financing options. PAGE 15 CITY COUNCIL MARCH 25, 1996 Performance Standards - As a condition of development approval, all applicable City performance standards must be satisfactorily met. Compliance with such standards will be evaluated in the site plan/conditional use permit review. The Planning and Zoning Board unanimously recommended approval of the proposed rezoning with the following conditions: 1. A final plat document be provided indicating Lot 1 as the school site and Lot 2 as the Industrial parcel to the north. 2. The City's Land Use Plan be amended to indicate the property as PSP. Minor Subdivision - The Centennial School District is requesting permission to combine six parcels of property to create a two lot subdivision. The consolidation of the school site area and the creation of the two lot subdivision would meet the requirements of the Zoning Ordinance pertaining to lot area and width. The industrial parcel will be approximately 7.7 acres and the school site approximately 64 acres in area. In addition, this subdivision would provide a clean legal description for the school site and the industrial property to the north. The Planning and Zoning Board unanimously recommended approval of the subdivision to combine six parcels and create a two lot subdivision with the condition that a final plat document be provided to the City Council and that drainage easements be shown on the plat. Site Plan/Conditional Use Permit - Excerpts from the Northwest Associated Consultants (NAC) report of February 8, 1996, detailing the site plan/conditional use permit review for the proposed Centennial middle school were given to the Council Members in their packets. The Planning and Zoning Board, at their March 13, 1996 meeting, recommended on a four to one vote to approve the site plan/conditional use permit for the middle school with the following conditions: 1. On-site traffic control signage must identify entry, exits, one -ways, no parking along fire hydrants, etc. 2. The site plan dated March 7, 1996 be made a part of the permit approval. The plan includes building configuration, parking including the appropriate handicap parking, athletic field locations, accessory buildings, trailways, etc. 3. Signs for the proposed site shall conform to the City Sign Ordinance. 4. The tree preservation plan and landscape/fencing plan dated March 7, 1996 be made a part of this permit and approved by the City Forester and Police Department for CPTED compliance prior to installation. PAGE 16 CITY COUNCIL MARCH 25, 1996 5. Grading, drainage and utility plans shall be submitted to the City Engineer for review and approval prior to any grading work. 6. A comprehensive lighting plan shall be reviewed and approved by the City Engineer. There shall be no lighting of any athletic fiv,ids, however, lighting may be provided for the hockey rink subject to CPTED review by the Police Department. 7. Proper building permits shall be obtained prior to any construction. 8. The City Council shall adopt a roadway alignment to serve the middle school facility which will not alter the submitted site plan. 9. A pedestrian survey shall be conducted and purpose the necessary safety measures to solve the pedestrian traffic concerns. 10. The City find no adverse environmental impact and there is no need for an Environmental Impact Statement (EIS) as related to the Environment Assessment Worksheet (EAW). Ms. Wyland highlighted parts of the Consulting Planners report regarding site plan review. She noted that the ball field planned for the southeast corner of the site is being relocated in a northwesterly direction to preserve some trees along Elm Street. Fencing is shown on the landscaping plan. There will be fencing along the private property lines and the Church of St. Joseph property. Ms. Wyland explained that a detailed site plan is available for review by the City Council and the public. The Planning and Zoning Board reviewed this request at their March 13th and February 14th meetings. A couple of neighborhood meetings have been held to discuss the realignment of Elm Street. Mayor Landers asked Ms. Wyland how far west would the walking trail go on the south side of Elm Street. Ms. Wyland explained that the trail would extend for one mile, however she was not sure how far that was. Mr. McClellan explained that it will stop at a reasonable division such as a street intersection. Ms. Wyland said that the general discussion is that the trail would stop at Second Avenue. There are trails proposed along the north side of Elm Street across the front of the Church of St. Joseph and the senior cottages. Final plans will be determined at a later date. Council Member Lyden said he was not comfortable proceeding with agenda item No. 11 C (1) and 11 C (2). He said that there are too many questions unanswered regarding the pedestrian study and the road alignment. He wanted all facts available before acting on these items. He said he could support action on the site plan since the Centennial School District must proceed with site preparation. Mr. Snyder, with ATS & R, explained that part of their charge was to have a portion of the building occupied in the fall of 1997. That is a very aggressive schedule for a PAGE 17 • • CITY COUNCIL MARCH 25, 1996 building of 265,000 square feet. The portion of the building where some classrooms can be opened for the sixth grade students is the first priority. Mr. Snyder said he was hoping to get the approvals in an orderly manner and as quickly as possible. If the project is delayed even one month it would mean that there will be no students in the building in the fall of 1997. Council Member Kuether said she does share Council Member Lyden's concerns. She felt that the Council must feel comfortable about proceeding. Mr. Schumacher reminded the City Council that they made the recommendation to the Centennial School District to preserve the industrial area. Mr. Wessel has been working with the School District to preserve this prime industrial property so that in the future it can be developed for industrial uses. Mr. Schumacher explained that the School District did go and acquire the needed parcels in the Residential District. The minor subdivision is a technical issue that must be addressed and the conditional use permit and the site plan may evoke additional questions from the City Council. Council Member Lyden said that this school will be beautiful and the community will be proud of it. He said he will be supportive of the school. However, part of the reason he is not in support of the rezoning is the placement of the ball field. He said he would not put a ball field in the front yard. He would put it on the industrial site. Council Member Lyden said he hoped that the ball field will someday have lights which makes relocating the ballfield even more important. Mr. McClellan explained that none of the School District's ballfields have lighting. He also noted that he would like to form an arrangement similar to the arrangement at Rice Lake Elementary School regarding use of the ballfields. Council Member Neal said he was opposed to blocking off Elm Street and the proposed cul-de-sac and wanted lights on all ballfields. Council Member Bergeson asked if parking lots are lighted. Mr. McClellan explained that they are until 11:00 P.M. They are on a timer since the custodial personnel have gone home at that time. The situation at the new middle school will be different in that there will probably be around the clock custodial service. Council Member Bergeson said he had heard that not all of the athletic ballfields will be built immediately. Mr. McClellan said that would depend on the budget. Bids may not be low enough to insure that all ballfields will be ready by the fall of 1997. The track and tennis courts may be constructed later. However, this year the site will have to be seeded and a sprinkler system installed by this fall. Mr. McClellan noted that there is an immense amount of work to be done and the School District is trying to proceed in an orderly fashion. Mayor Landers noted that there is nothing noted that the site plan does not identify handicapped parking. He asked that handicapped parking be made part of the conditions for approval of the site plan. Mayor Landers explained that he has talked to Mr. Ahrens PAGE 18 CITY COUNCIL MARCH 25, 1996 regarding holding ponds. He would like something put in place so that this site does not end up with a pond similar to the pond north of the senior housing project which is approximately 20 feet deep. Mr. Ahrens said generally detention ponds are designed to National Urban Runoff Program (NURP) standards or best management practices. The design guidelines indicate that ponds should not be more than,.five feet in depth. There is a shelf about 10 feet wide around the pond and this shelf does not drop more than one foot in depth so if someone does step off into the pond, the person would not sink immediately. This pond should follow these guideline and be no more than 10 feet in depth. Mayor Landers said that he was not talking about the water level but instead the depth of the bottom of the pond. He explained that a large machine was grading the bottom of the pond near the senior cottages and this machine could not be seen because the pond was so deep. Mayor Landers said he felt that this was ridiculous. Mr. Ahrens said that he would not expect to see a pond such as that pond on the school site. Mr. Patrick Sarver, landscape architect for the school site said that Mr. Ahrens is correct that the design of the pond follows the standards of NURP. The pond will be at a four foot average depth. Possibly the deepest it would get is five or six feet deep in the center. Council Member Neal asked if silt would accumulate in the bottom of the pond. Mr. Sarber said yes. The City requires access to the pond to remove the silt about every 10 years. Mayor Landers said he was uncomfortable about not having an Environmental Impact Study (EIS). Ms. Wyland explained that there is an Environmental Assessment Worksheet (EAW) that is being prepared. The EAW is a preliminary step for an EIS. Mr. Ahrens said that at the Council work session last Wednesday, he gave each Council Member the EAW. This document must be reviewed by the City Council and staff and then the City Council will make a declaration concerning the environmental impact either negative or positive. If the City makes a negative declaration, the site plan can move ahead. If the City Council decides that there is a detrimental impact, then the City will go ahead and ask for an EIS which is a very detailed environmental impact statement. Council Member Bergeson said that he is in favor of the site plan. Although the City Council has not provided much input into the site plan, there has been a lot of public input into the planning of the facility and site plan. He said it is a good looking building. In the planning, the School District has chosen to locate the building away from the houses on Elm Street and away from property that may be developed commercially or industrially in the future. Council Member Bergeson said that this was a proper thing to do. In addition, the plan has the support of the Planning and Zoning Board. Council Member Neal said that he felt the site plan was good in that it would keep the children off of the residential property and should keep cars from parking on Elm Street. Ms. Wyland distributed a letter from Mr. and Mrs. Norden which expresses some of their concerns regarding site access which will be addressed by the City Council at a later date. Their second concern references the outdoor recreational facilities and their feeling that PAGE 19 • CITY COUNCIL MARCH 25, 1996 the facilities provided on this site were excessive. The Planning and Zoning Board did discuss this concern. Information has been received from the School District architect that outlines a summary of recreational facilities for schools. These facilities are under the State Board of Education recommended standards. The Nordin's third concern was regarding the need for an EAW. Ms. Wyland explained that they were not aware that it is already being prepared. Council Member Lyden said that he was highly supportive of the School District. He wants the school to be a great source of pride in the community. However, the responsibilities of a Council Member means that he has to make an informed decision. Council Member Lyden explained that he did not have enough information to make an informed decision. He said he could approve the actual site plan at this time so that the City does not hold up construction. Council Member Lyden said that the City Council needs to "burn the midnight oil" for the next two, three, four days in order to make an informed decision. Council Member Bergeson asked Council Member Lyden to be specific about the information he feels the City Council does not have? Council Member Lyden said he cannot go out with blinders and buy a tie without knowing what the shirt and pants are going to look like. He said he needed to know how everything goes together and if they do go together that they properly impact each other. Council Member Lyden said that the pedestrian study and the access road concern still have not been resolved. His personal concerns about the ball field can be resolved if the School District rearranges some of the outdoor recreation areas. He felt that these three items are major concerns. However, Council Member Lyden said he could agree to the current site plan so that construction could begin on the site. Mayor Landers asked Council Member Lyden if he was comfortable with the location of the school building itself. Council Member Lyden said yes. Ms. Wyland explained that Council Members Lyden's concerns were conditions that were placed on the site plan review and conditional use permit by the Planning and Zoning Board. The site plan is acceptable, however the road issue has to be determined and the pedestrian survey has to be completed and any recommendations as a result of the survey have to be initiated. The final result of these two issues must be decided and cannot alter the site plan. Council Member Kuether asked if the road would infringe on the site plan, would the City Council have to review the site plan again. Ms. Wyland said yes and explained that there will be no construction on the building itself until the road issue is resolved. Mr. Ahrens said that Ms. Wyland's statements were correct and noted that the action on the EAW must also be completed before the school building construction begins. Council Member Bergeson noted that there are two other issues, the zoning and the minor subdivision. He felt that these issue were independent of the road alignment concern, the pedestrian survey and also independent of the site review. Council Member Bergeson felt that the two motions (approving the rezone and the minor subdivision) are necessary for the site to happen and for the consolidation of the properties so the school could be constructed. He felt these two can be acted on at this time. PAGE 20 CITY COUNCIL MARCH 25, 1996 Mr. Schumacher explained that all the issues are tied together. The road alignment proposal and the utility proposal are scheduled for Council review on April 22, 1996. If the final Council action on these two issues have an impact on the actions the Council takes this evening, the City Council would have to discuss the proposed rezone, minor subdivision, conditional use permit and the site plan again. Council Member Kuether asked Council Member Lyden if he now felt comfortable voting on the four requests from the Centennial School District? Council Member Lyden said that if he votes no, it is not because that he is saying no to the idea of the middle school. He said he would be saying no to the timing. Ms. Wyland referred to evaluating the handicapped parking and explained that anytime a parking plan is evaluated, ADA requirements are imposed because it is a state regulation. She said that the motion can include the reference to handicapped parking as required by the ADA. Mayor Landers asked that this language be included in the requirements. Rezone from Light Industrial and R-1 to Public, Semi -Public - Council Member Kuether moved to approve the FIRST READING of Ordinance No. 02 - 96 Rezoning Certain Residential and Light Industrial to Public, Semi -Public for the construction of the Centennial Middle School. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Minor Subdivision - Council Member Kuether moved to approve the minor subdivision request subject to two conditions as follows: 1) A final plat document showing the Public, Semi -Public land and the Light Industrial land. 2) Show all drainage and utility easements on final site plan including an easement over the wetland and future ponding areas. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Conditional Use Permit Council Member Bergeson asked about the difference between 11 C (3) and 11 C (4). Ms. Wyland explained that a middle school is permitted in the PSP district with a Conditional Use Permit only. Council Member Kuether moved to approve the Conditional Use Permit with the stipulations outlined by the Planning and Zoning Board. Council Member Lyden seconded the motion. Motion passed unanimously. Site Plan Review PAGE 21 CITY COUNCIL MARCH 25, 1996 Ms. Wyland explained that the Planning and Zoning Board discussed the possibility that the entire site would not being completed at one time. There is the possibility that some of the athletic fields may be constructed at a later date. The Planning and Zoning Board site plan approval was based on the entire site with no time constraints as to when some of the items could be completed. Council Member Bergeson moved to approve the site plan with the ten (10) conditions listed on the "green sheet" and adding an llth condition; handicapped parking shall be required as outlined in the Americans With Disabilities Act, and condition 12; review of safety of ponding areas. Council Member Kuether seconded the motion. Mayor Landers asked if the Council wanted to proceed with condition No. 10, "The City find no adverse environmental impact and there is no need for an EIS as related to the EAW". Council Member Bergeson said his personal opinion is that No. 10 should be left in and the Council finds that there is no environmental impact. The other option would be to remove the condition and deal with it separately. He felt that ordering an EAW is very expensive and time consuming and could delay the project for up to a year. Council Member Bergeson said he did not see anything in the worksheet that would indicate the need for EAW. Mr. Ahrens explained that condition No. 10 means that the City would ultimately find no negative impact on the environment. At this time condition No. 10 does not indicate a negative or positive declaration at this time. The City still has to have a discussion on this matter at a later date. Voting on the motion, motion carried with Council Member Lyden voting no. Council Member Neal asked Council Member Lyden why he is against the school project. Council Member Lyden said he is very pro -school. He said he wanted this school to be one of the best schools in Minnesota. However, he said he would be very willing to "burn the midnight oil" over the next 48 hours straight and do it right. Council Member Lyden explained his personal feeling is that the City Council cracks the barn door open and let the animals out and then later when the door needs to be closed, it is too late. He said that there is a right way to do things. Mr. McClellan thanked the City Council for their approvals and extended an invitation to the City Council to sit down and go through the entire project. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 96 - 34 Revoking Designation on Apollo Drive - Mr. Ahrens explained that on December 7, 1995, the City Council approved Resolution No. 95 - 163 to change the jurisdiction of Apollo Drive from the City of Lino Lakes to Anoka County. Part of Resolution No. 95 - 163 should have included the City revoking is Municipal State Aid Street (MAS) designation of Apollo Drive since, per State Aid Rules, a city cannot designate a roadway as MSAS when the roadway is designated as a PAGE 22 CITY COUNCIL MARCH 25, 1996 County State Aid Highway (CSAH). Adoption of Resolution No. 96 - 34 revokes the MSAS designation of Apollo Drive. Council Member Kuether moved to adopt Resolution No. 96 734 as recommended by Mr. Ahrens. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 34 can be found at the end of these minutes. Consideration of Resolution No. 96 - 35 Requesting Speed Study on Lake Drive - Mr. Ahrens explained that on March 20, 1996, the City Council directed staff to prepare a speed study on Lake Drive. Resolution No. 96 - 35. if adopted by the City Council, will be sent to the Minnesota Department of Transportation requesting a speed study from Civic Heights Circle in the City of Circle Pines to Main Street (CSAH 14) in Lino Lakes. The original resolution stated that the speed study would be performed on Lake Drive from Second Avenue to I -35W. However, members of the City Council felt that the speed study should include the areas outlined in Resolution No. 96 - 35 as stated above. Council Member Bergeson said that he did not want a speed study that would indicate that speed limits should be raised rather than lowered. There was also concern regarding legislation now before the State Legislature which would increase speed limits to 65 mph. Mr. Ahrens said that the current legislation would allow increased speeds limits on divided highways only. That should not be a concern for Lake Drive. Council Member Kuether explained that she would like the speed study so that speed limits could be reduced. She felt that business signs are difficult to read when traffic is speeding by at 55 mph. Mr. Ahrens said that the City Council should consider increasing the area for the speed study to include a portion of Lake Drive in the City of Circle Pines. The speed limit in that area is 45 mph and this may help to keep speed limits down in Lino Lakes. Mr. Ahrens noted that Circle Pines would have to agree to the speed study. It was decided to contact the City of Circle Pines and ask them to approve the speed study on Lake Drive in the City of Circle Pines. Council Member Kuether moved to adopt Resolution No. 96 - 35 requesting a speed study on Lake Drive starting at Civic Heights Circle to Main Street. She noted that if Circle Pines does not approve the speed study in Circle Pines, the resolution should state that the speed study would begin at the Lino Lakes southern boundary on Lake Drive. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 35 can be found at the end of these minutes. PAGE 23 • • CITY COUNCIL MARCH 25, 1996 CONSIDERATION OF AN OFF -SALE LIQUOR LICENSE APPLICATION FOR STEVE JOSEPH ARHIP, JR. FOR SIMONSON'S GARAGE, 7860 LAKE DRIVE Mrs. Anderson explained that Mr. Arhip has applied for an off -sale liquor license for the Simonson's Garage building at 7860 Lake Drive. The proper ' at this location is zoned Central Business and an off -sale liquor establishment is a permitted use in this zoning district. Mr. Arhip does have a lease agreement with the owners of the property. Enclosed with the application for the license was a floor plan for the off -sale business. There is adequate customer parking for this business. A background investigation has been completed by the Lino Lakes Police Department. A copy of the report is on file and will not be made public because of the Data Privacy restrictions. Dram Shop insurance and worker's compensation insurance certificates have also been received. If the City Council approves the off -sale liquor license, the application and insurance information will be forwarded to the Minnesota Liquor Control Commission for their review and approval. Mr. Arhip has indicated that he would like to open his business June 1, 1996. Another provision of the Liquor License chapter of the Lino Lakes City Code requires that a public hearing be held prior to any action by the City Council. Mrs. Anderson asked the City Council to set the public hearing for April 8, 1996, 6:30 P.M. Council Member Neal asked if the City has required a public hearing for any other liquor establishment. Mrs. Anderson explained that the City has not had a request for a liquor license for any new sites for many years. The City has received applications from new owners such as in the case of Miller's on Main and the 49 Club. However, these are established liquor businesses. Council Member Kuether asked what is the square footage of the proposed liquor establishment. Mr. Arhip explained that it is approximately 2,000 square feet. There was discussion regarding holding a public hearing whenever the City Council is requested to approve a new liquor license or whenever the City Council is requested to renew any liquor license. Mr. Hawkins advised the City Council that public hearings should be held in both instances. Council Member Kuether asked Mr. Hawkins to review this portion of the City Code. He will prepare language to amend the current license. • Mr. Arhip noted that Lino Lakes Spirits opened several years ago and a public hearing was not required for them. It was explained that although that license may have been PAGE 24 CITY COUNCIL MARCH 25, 1996 approved without a public hearing, the City Code does require a public hearing whenever the City Council is asked to approve a new liquor license or renew a liquor license. Mr. Simonson said that he had talked to Mr. Miller at Miller's on Main and he was not required to wait for a public hearing. It was explained that this was an existing business and public hearings were not required for an existing business.. Mr. Hawkins explained that this is the first chance for the City Council to review this portion of the Liquor Ordinance. Unfortunately, this requirement was noted when Mr. Arhip submitted his application for a liquor license. The City Council must comply with the Liquor Ordinance and it will delay the issuance of this license for two more weeks. Council Member Kuether moved to set a public hearing for Monday, April 8, 1996, 6:30 P.M. to take public input regarding the proposal to issue an off -sale liquor license to Mr. Steve Arhip, for the Simonson's Garage, 7860 Lake Drive. Council Member Lyden seconded the motion. Motion carried unanimously. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of Minutes, October 9, 1995 (Council Member Bergeson was absent and Mayor Landers and Council Member Lyden were not on the City Council) - Counsel Member Kuether moved to adopt the minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Members Bergeson, and Lyden and Mayor Landers abstaining. Annual Appointments - Council Member Neal moved to appoint Gene Lane, Caroline Dahl and Judi Brauns to the Planning and Zoning Board. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Kuether moved to appoint Vernon Reinert to the Circle Pines Gas Utility Commission. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to appoint Paul Montain, George Lindy and Joe Schmidt to the Parks and Recreation Board. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Neal moved to adjourn at 9:30 P.M. The motion was seconded by Council Member Bergeson. Aye. These minutes were considered, corrected and approved at a regular Council meeting on April 22, 1996. PAGE 25 CITY COUNCIL MARCH 25, 1996 Mari'Y n G ' Anderson, Clerk -Treasurer PAGE 26 ohn L. Landers, Mayor RESOLUTION NO. 96-31 RESOLUTION OF INTENT TO ESTABLISH A SYSTEM ORGANIZED COLLECTION OF RESIDENTIAL SOLID WASTE WHEREAS, the CITY OF LINO LAKES currently has multiple garbage collectors duplicating service on City streets which cause deterioration of streets, produces additional traffic which detracts from the safety and welfare of the community, and WHEREAS, organized solid waste collection will benefit waste haulers by providing efficient and economical operations, and WHEREAS, the Metropolitan Council and Anoka County Master Solid Waste Plans mandate specific solid waste abatement tonnage amounts, and WHEREAS, organized solid waste collection is essential for the management of the curbside recycling program, and NOW, THEREFORE BE IT RESOLVED by the Lino Lakes City Council that it is the intent of the City to establish a system of organized collection of residential solid waste. Attest: City Clerk Adopted by the City Council March 25, 1996 ata„,„ Re wed for administration: City Administrator Approved as to form and execution: City Attorney Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 9 6 —3 2' RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-4 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. On March 26, 1990 the City Council of the City of Lino Lakes (the "City") approved a tax increment financing plan (the "TIF Plan") for Tax Increment Financing District No. 1-4 ("TIF District No. 1-4") within Development District No. 1. 1.02. The City established the Lino Lakes Economic Development Authority (the "Authority") in June, 1990 and transferred to it control of TIF District No. 1-4. 1.03. On June 22, 1992 the Authority and the City acted to delete certain property from TIF District No. 1-4 because it was unlikely to develop within a reasonable period of time. 1.04. Changes and additions to the public and private improvements to be constructed in the project area prompted modifications of the TIF Plan on December 13, 1993 and June 12, 1995. 1.05. In recognition that much of the land within TIF District No. 1-4 is not likely to develop within the reasonably foreseeable future, it is appropriate to modify the TIF Plan again for the purpose of deleting most of the remaining land from the TIF District. 1.06. In response to these changes, the Authority and the City have authorized the preparation of another modified TIF Plan which is contained in a document entitled "Modified Tax Increment Financing Plan, Tax Increment Financing District No. 1-4" dated March 25, 1996, and which is on file with the Authority. 1.07. Copies of the modified Plan have been forwarded to the Centennial and Forest Lake school districts and Anoka County along with a notice of a public hearing to be held by the City on March 25, 1996 1.08. The Authority has adopted the modified TIF Plan and referred it to the City for public hearing and consideration as provided by the TIF Act. RHB101711 LN140-11 1.09. The City has fully reviewed the contents of the modified TIF Plan and has this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings; Modification of Plan. 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of Development District No. 1 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. 2.02. It is further found and determined, that the objectives of the Authority and the City of encouraging development and development within Development District No. 1 are not likely to be realized within the reasonably foreseeable future with regard to the majority of land within TIF District No. 1-4 and that the continued inclusion of such property within the TIF District is not in the public interest. 2.03. The modified TIF Plan conforms to the general plan for development of the City as a whole. 2.04. In order to accomplish the deletion of certain parcels from TIF District No. 1-4, the Authority has authorized the preparation of this formal modification and has adopted this modification in full compliance with the hearing and notice requirements of section 469.175, subd. 4 of the TIF Act. Section 3. Approval of Modification; Filing. 3.01. The modified TIF Plan is hereby approved. The modified Plan incorporates by reference the original Plan and all subsequent modifications except as this modified Plan explicitly or by reasonably necessary implication conflicts with the original Plan or previous modifications. 3.02. The geographic boundaries of TIF District No. 1-4 are reduced as a result of this modification and are as described in the modified TIF Plan. 3.03. The Authority is requested to file a copy of the modified Plan with the Minnesota state auditor. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy of this resolution to the Authority. 3.05. The Authority is authorized and directed to contact the Anoka county auditor and request that the specified lands be deleted from TIF District No. 1-4 and that the original tax capacity of TIF District No. 1-4 be adjusted in a manner consistent with this resolution and the modified TIF Plan. RHB101711 LN140-11 • s • • DATED: March 26 , 199i ATTEST: Ari°A erson, Jerk -Treasurer . Landers, ayor The motion for the adoption of the foregoing resolution was duly seconded by member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. and the following voted against same: Council Member Lyden. Whereupon said resolution was declared duly passed and adopted. RHB101711 LN140-11 CITY OF LINO LAKES RESOLUTION NO. 96-33 RESOLUTION APPROVING MODIFICPION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. The City Council of the City of Lino Lakes (the "City") established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and conferred upon it responsibility for economic development within Lino Lakes. 1.02. The City approved a tax increment financing plan (the "Plan") for Tax Increment Financing District No. 1-7 on May 22, 1995. 1.03. Changes and additions to the public and private improvements to be constructed in the project area prompted modification of the TIF Plan on November 13, 1995. 1.04. In response to recent development proposals from Progressive Engineering Technology, Inc. and Ballantine Trench -ALL, and for the purpose of adding additional land to TIF District No. 1-7, the Authority and the City have authorized the preparation of a modified Plan, which is contained in a document entitled "Modified Tax Increment Financing Plan for Tax Increment Financing District No. 1-7" dated March 25, 1996 and on file with the clerk -treasurer. 1.05. Copies of the modified Plan have been forwarded to Independent School District Nos. 12 and 834 and Anoka County along with notice of a public hearing to be held by the City on March 25, 1996. 1.06. The Authority has adopted the modified Plan and referred it to the City for public hearing and consideration as provided by Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act.") 1.07. The City has fully reviewed the contents of the modified Plan and has on this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings; Modification of Plan. 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of Tax Increment Financing District No. 1-7 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 provide public financial assistance and to enlarge 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 development proposed in the modified Plan could not reasonablyybe expected to occur solely through private investment within the reasonable foreseeable future and that therefore the use of tax increment financing is necessary. 2.03. The modified Plan conforms to the general plan for development of the City as a whole. 2.04. The proposed public assistance to be financed largely through tax increment financing are necessary to permit the City to realize the full potential of Tax Increment Financing District No. 1-7 in terms of development intensity, employment opportunities and tax base. 2.05. The modified Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the area by private enterprise. Section 3. Approval of Modification: Filing, 3.01. The modified Plan is hereby approved. The modified Plan incorporates by reference the original Plan and all subsequent modifications except as this modified Plan explicitly or by reasonably necessary implications conflicts with the original Plan or previous modifications. 3.02. The geographic boundaries of Tax Increment Financing District No. 1-7 are affected by this modification and are described in the modified Plan. 3.03. The Authority is requested to file a copy of the modified Plan with the Minnesota state auditor as required by the TIF Act. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy of this resolution to the Authority. 3.05. The Authority is authorized and directed to contact the Anoka County auditor and request that the tax capacities of the parcels added to the TIF District as a result of this modification be reflected in the original tax capacity of the TIF District. DATED: March 25 , 1996 ATTEST: Maril G. Anderson Clerk -Treasurer John L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. and the following voted against same: council Member Lyden. Whereupon said resolution was declared duly passed and adopted. 41P Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 96-34 RESOLUTION REVOKING MUNICIPAL STATE AID STREET DESIGNATION OF APOLLO DRIVE. WHEREAS, the County Board of Anoka did adopt a resolution designating Apollo Drive from County Road 53 (Sunset Road) to Trunk Highway 49 (Lilac Street) as County State Aid Highway 12 within the corporate limits of the City of Lino Lakes, and; WHEREAS, the CSAH 12 is under the jurisdiction of the County of Anoka. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That Apollo Drive from County Road 53 (Sunset Road) to Trunk Highway 49 (Lilac Street), now numbered and known as Municipal State Aid Street 115, segment 010, be, and hereby is revoked as a Municipal State Aid Street of the City of Lino Lakes subject to the approval of the Commissioner of Transportation of the State of Minnesota. 2. That the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration. Adopted by the City Council this 25th day of arilyn . Anderson Clerk -Treasurer arch, 1996. hn L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None Whereupon said resolution was declared passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-35 RESOLUTION REQUESTING A SPEED STUDY ON TRUi1K HIGHWAY 49 (LAKE DRIVE) FROM CMC HEIGHTS CIRCLE TO MAIN STREET (CSAH 14). WHEREAS, proposed and existing developments adjacent to Lake Drive have increased traffic volumes, and; WHEREAS, Centennial School District is proposing a middle school near Lake Drive, and WHEREAS, these proposed developments will create additional pedestrian and bicycle traffic along Lake Drive to these developments, and; WHEREAS, the City of Lino Lakes is concerned about the high speed of traffic on Lake Drive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City of Lino Lakes requests that a speed study on Lake Drive from Civic Heights Circle in the City of Circle Pines to Main Street (CSAH 14) be completed. Adopted by the City Council this 25th day of March, 1996. Jo^inL. Landers, Mayor 6J1 JLd€2) l_ Matly G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on 3/025- , 1996. Manlyn . Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 36 RESOLUTION PROCLAIMING APRIL 20, 1996 EARTH DAY AND TO SUPPORT THOSE ORGANIZERS AND VOLUNTEERS IN THE EFFORTS TO CLEAN UP AND BEAUTIFY AREAS IN THE CITY OF LINO LAKES, CIRCLE PINES, LEXINGTON AND CENTERVILLE WHEREAS, Anoka County, the Cities of Lino Lakes, Circle Pines, Centerville and Lexington pride themselves on the quality of life for residents and businesses and is interested in working to improve and maintain the beauty of the areas; and, WHEREAS, residents should be encouraged to recognize the environmental impact on our communities in their daily lives by becoming environmentally responsible consumers, conserving energy, increasing recycling efforts, reducing waste, and promoting environmental responsibility in our communities; and, WHEREAS, this goal was aided by volunteers of the cities who during Earth Days in past years have collected tons of debris in Lino Lakes, Circle Pines, Lexington and Centerville; planted flower beds, initiated other spruce up activities in parks and on trails; and, WHEREAS, these efforts show the long term commitment by individuals and groups in Anoka County to building a safe, just and substantial planet; and, WHEREAS, groups of community leaders will work in conjunction with Anoka County Commissioner Margaret Langfeld's Adopt -A -Highway project to organize a clean-up and beautification project along roads in Eastern Anoka County; and, WHEREAS, this community group needs support and volunteers to successfully complete its project; NOW, THEREFORE BE IT RESOLVED that I, John Landers, Mayor of the City of Lino Lakes, do hereby proclaim April 20, 1996 to be Earth Day and support those organizers and volunteers in its efforts to clean up and beautify areas in the cities of Lino Lakes, Circle Pines, Lexington and Centerville. Adopted by the Lino Lakes City Council the 25th day of March, 1996. • RESOLUTION NO. 96 - 36 Page -2- If ohn L. Landers, Mayor - e(/ l It `P1 C .i''''llG(-0/y,)6- 7 l., Marilyn . Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted.