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HomeMy WebLinkAbout06/24/1996 Council Minutes (2)• COUNCIL MEETING JUNE 24, 1996 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : June 24, 1996 . 6:30 p.m. . 9:50 p.m. : Kuether, Lyden, Neal, Landers : Bergeson Staff members present: City Engineer, David Ahrens; City Administrator, Randy Schumacher, Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Council Member Neal added, "Cat Ordinance" under Animal Ordinance and "Special Council Meetings" under New Business. Mr. Schumacher asked that Item No. 5M be removed. CONSENT AGENDA Council Member Neal moved to approved the consent agenda as presented. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM DISBURSEMENTS: June 24, 1996 ($389,137.88 Check Nos. 44732 - 44857) Resolution No. 96 - 65, Authorize Final Payment, Hodgson Road Trunk Watermain Improvements Resolution No. 96 - 66, Authorize Final Payment, Country Lakes Estates Improvements, Plat 2 Resolution No. 96 - 67, Declaration of Intent to Bond Various City Projects Final Plat, Pheasant Hills Preserve, 7th Addn. Final Plat, Trapper's Crossing, 1st. Phase PAGE 1 DISPOSITION APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED COUNCIL MEETING JUNE 24, 1996 PRESENTATION OF THE 1995 CITY AUDIT, FRED ESPE Mr. Espe, Tautges, Redpath & Co. explained that he would review several items in the Management Report. He emphasized that the 1995 Audit has received an unqualified "clean" opinion. This is the best opinion the City can get and is a "first" for Lino Lakes. Mr. Espe discussed the General Fund Balance, the City's Debt and the Enterprise Fund balances. (These areas are detailed in the minutes of the meeting just prior to this meeting.) Mr. Espe continued by telling the City Council that the City will submit this report to the GFOA (Government Finance Officer's Association) for an award. This award is held by only 75 of the 855 cities in Minnesota. Mr. Espe noted the requirements for submitting for the award and commended the City staff for their time ineffort in preparing the additional reports. The 1995 Annual Financial Report is much thicker than in previous years because of the requirements for this award. Mr. Espe also noted that Moody's looks very favorable upon this award. Mr. Espe explained that currently the City has approximate $6,000,000 in debt and the State would allow another $10,000,000. This means that the City is substantially below its debt limit. He also noted that the City has a history of being substantially below its debt limit and is in very good financial condition. The City Council thanked Mr. Espe for this presentation. OPEN MIKE Ms. Anderson read a letter from Mr. Bill Houle, 24th Avenue, a life long resident of Lino Lakes. The letter gives the background regarding the poor condition of 24th Avenue. Mr. Houle requested a response from each government entity responsible for the road. The City Council accepted the letter and thanked Mr. Houle for bringing this matter to their attention. No one else spoke under Open Mike. CONSIDERATION OF HIRING TWO (2) POLICE OFFICERS, CHIEF PECCHIA Chief Pecchia requested approval to hire two (2) police officers. The City Council previously approve hiring one police officer effective May 1, 1996 utilizing the Federal COPS grant program and one officer effective June 15, 1996 to replace an officer who resigned in 1995. One of the new officers will fill that vacancy and the other will fill another vacancy on patrol created by the new Youth Resource Officer position. The impact on the 1996 Budget and the estimated impact on the 1997/1998 Police Department PAGE 2 • • COUNCIL MEETING JUNE 24, 1996 salaries and benefits portion of the budget was reviewed at the June 19, 1996 work session. Council Member Kuether moved to hire one additional police officer immediately and the second police officer in August when considering the 1997 Budget. The motion was seconded by Council Member Lyden. Council Member Neal asked that the first police officer be hired by July 15, 1996 to cover for the police officers who go on vacation. Chief Pecchia explained that because the Department is short staffed, vacation requests of more than six (6) days, overtime will be paid for some of the days the officer is gone. He also noted that the sergeants cover some of the time officers on vacation. Council Member Kuether asked Chief Pecchia to prepare a 30 day schedule for the Police Department for her review. She asked that the schedule be available at the first budget work session in August. Voting on the motion, motion carried unanimously. Chief Pecchia received a notice from the State today, indicating that the Police Department will be receiving a grant in the amount of $13,000 to help defray overtime costs for the bicycle patrol, the curfew sweeps and to work on the neighborhood crime watch program. The Council will be required to approve this grant. Chief Pecchia will bring this matter to the next regular Council meeting. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Site Plan Review and Variance Request, Arnt Construction, 2190 Phelps Road - Ms. Wyland explained that Arnt Construction is requesting a site plan review and variance to costructa17,200 square foot warehouse/shop and a 2,528 square foot office. The property is zoned Light Industrial. The plan is to remove the existing metal pole building and attach the new warehouse/shop building and office to the existing 9,600 foot warehouse/shop building. Removal of the existing metal pole building was a condition of the permit to build the 9,600 square warehouse/shop in 1989. Arnt Construction is requesting two (2) variances. The first is to allow the new building to be located 7.7 feet from the property line. The staff and the Planning and Zoning Board have asked Arnt Construction to purchase additional footage from the adjoining landowner thereby eliminating the need for this variance. The second request for a variance is to allow one side of the building to be constructed 27.7 feet from Phelps Road. The current Zoning Ordinance requires a 50 foot setback from a front property line in this district. Staff is recommending approval of a 20 foot variance that would allow the building to be setback 30 feet from Phelps Road. When the new zoning ordinance is approved, a 30 foot setback from a residential street will be required. The 30 foot setback requirement would mean that Arnt Construction must reduce the size of the proposed office or warehouse/shop area by approximately three (3) feet. PAGE 3 COUNCIL MEETING JUNE 24, 1996 Arnt Construction is also requesting a variance on the east property line of 2.3 feet. The existing block building is located 8.1 feet from the property line at a slight angle. The new building will be 7.7 feet from the property line, therefore another variance is necessary. Staff is suggesting that Arnt Construction purchase an additional 2.3 feet from the property to the west to eliminate the need for this variance. Staff has been advised that Arnt Construction currently has a purchase option on that parcel of property. FINDINGS OF FACT FOR THE VARIANCES 1. The property owner could reduce the size of the building and meet the setback requirements, however, the ordinance is proposed to be changed to a 30 foot setback. 2. The pending realignment of Otter Lake Road was not created by the property owner, therefore, a unique circumstance does exist. 3. There is no economic consideration in this case. 4. Under similar circumstances, the opportunity to apply for a variance would be given to other lands, structures, or buildings. 5. Property values should, in fact, be increased with this proposed construction. 6. The spirit and intent of the ordinance is to provide for light industrial development and eliminate pole barn type construction. This will be facilitated with the proposed construction. STAFF RECOMMENDATION: Setbacks: Staff recommends a setback from Phelps Road of 30 feet and a setback on the west property line of 10 feet, facilitated by the purchase of an additional three (3) feet of property. Building Exterior: Rock faced concrete block is proposed to match the existing block building. Building Height: The structure will be approximately 20 feet in height for the shop area and 14 feet in height for the office area. Green Area: The ordinance requires a minimum green area of 10 percent which will be exceeded in this plan. Off -Street Parking: A total of 36 parking spaces will be provided. Handicapped spaces must be provided according to ADA regulations. Circulation and Access: Access to the site will be provided off Phelps Road. PAGE 4 COUNCIL MEETING JUNE 24, 1996 Landscaping: A landscaping plan has been reviewed by the City Forester. He is suggesting modification to the plan which must be coordinated with him prior to issuance of any building permits. Lighting: The CSO must review the lighting and overall security plan for the building with the applicant prior to any construction. Loading and Trash Handling: A trash handling area has not been indicated on the plan and should be addressed by the applicant. This area should be properly screened from adjoining properties. Signs: All signage must conform to the City's Sign Ordinance and proper permits obtained prior to any installation. Utilities, Drainage and Grading: Utilities will be available to serve the site from the realigned Otter Lake Road. The applicant intends to construct the office building and defer construction of the shop area until that roadway is complete due to the location of their existing drain field which is adjacent to the shop area that is to be demolished. All plans will be subject to the final review and approval of the City Engineer. Rice Creek Watershed District (RCWD) permits may be; required for the proposed construction. Hazardous Materials: Any ha7ardousmaterials generated from the site will be subject to MPCA disposal rules and regulations. Roof Top Heating/Ventilating Units: Not applicable. Staff is recommending approva following conditions f the site plan and variance from Phelps Road with the 1. Proper building permits be obtained prior to any construction and 1% of the construction costs be escrowed to insure completion of all site improvements. The CSO shall review the building plans prior to issuance of the building permit to insure compliance with Crime Prevention Through Environmental Design (CPTED) recommendations. 2. Landscaping of the site shall be coordinated with the City Forester prior to issuance of any building permits. 3. Signage shall conform to the Sign Ordinance and proper permits obtained prior to installation. 4. RCWD permits shall be obtained, if required, prior to any site grading. PAGE 5 COUNCIL MEETING JUNE 24, 1996 5. Utility, grading and drainage plans shall be reviewed and approved by the City Engineer. 6. A variance for 20 feet on the front setback (Phelps Road) shall be approved allowing a setback of 30 feet. The variance setback requested on the west property line is denied. 7. Concrete curb, gutter and bituminous paving shall be provided for all access driveways and parking areas. The Planning and Zoning Board reviewed this item and recommended approval of the site plan with the conditions outlined and approve the variance on Phelps Road and denial of the variance request on the west property line. The new building will face the realigned Otter Lake Road. Therefore, AnnConstruction is required to make the face of the building look like it will front on Otter Lake Road. The staff and the Planning and Zoning Board are trying to make sure that everything fits into what the City is planning. There was a question about whether Phelps Road will exist after Otter Lake Road is realigned. Ms. Wyland explained that it could exist but not as a city street. Mr. Wessel said he would like to keep all options open. Everything depends on what happens to the west of this property. Council Member Kuether moved to approve the site plan as outlined. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve the variance on Phelps Road only providing the new front door faces the realigned Otter Lake Road. Council Member Lyden seconded the motion. Motion carried unanimously. Site Plan Review/Conditional Use Permit/Variance for Lino Lakes Family Dentistry, 6691 Blue Heron Drive Lino Lakes Family Dentistry is requesting a site plan review and conditional use permit to allow the construction of a 3,874 square foot office building on Outlot A of Rice Lake Estates. In 1985, when the property was platted, this Outlot was zoned Neighborhood Business (NB) and set aside for some future commercial development. Profession offices are permitted in this zoning district with a conditional use permit. In addition, the applicant is requesting a variance that would allow the building to be located 28 feet from an adjacent residential district. The Zoning Ordinance requires a setback of 35 feet. The proposed structure has been designed to fit into the general character of the existing neighborhood. Access will be provided off Blue Heron Drive and screening provided for the adjacent residence. VARIANCE REQUEST: PAGE 6 • COUNCIL MEETING JUNE 24, 1996 According to the Zoning Ordinance, a setback of 35 feet from any residential district is required in the NB zoning district. The proposed structure indicates a setback of 28 feet from the adjoining residential district, therefore, a variance of seven (7) feet is requested. Staff is recommending approval of the variance request based on the following Findings of Fact: A. A smaller building could be constructed on the site and meet the setback requirements, however, the applicant has determined that the building size requested is a minimum for their intended us. The proposed structure is 3,874 square feet which is not a large structure and the lot is odd shaped. B. The odd shaped lot calls for unique design considerations. Additionally, there is a large ponding/wetland area to the rear of the lot which further restricts design. C. The hardship in this case appears to be the shape and configuration of the lot, not an economic consideration. D. The City would afford any applicant the option of applying for a variance under similar circumstances. E. A seven (7) foot variance should not impair property values in the neighborhood. The proposed variance is actually adjacent to a large wetland platted as an outlot, not a parcel of property in private ownership. F. The spirit and intent of the ordinance is to maintain a larger setback between a business use and a residential use. The proposed variance is adjacent to a large wetland area, not an individual residence, therefore, the spirit and intent of the ordinance is maintained. SITE PLAN REVIE SETBACKS: The proposed structure will be located toward the rear of the lot 40 feet from Hodgson Road and 28 feet from the interior side property line. A variance of seven (7) feet is required for this 28 foot setback because 35 feet is required by the Zoning Ordinance. The parking area is setback five (5) feet from the side priority line and 15 feet from Blue Heron Drive and Hodgson Road as required by the Zoning Ordinance. BUILDING EXTERIOR: The building exterior will consist of aluminum siding, clad windows and asphalt shingles. The design of the structure is intended to blend with the residential character of the immediate vicinity. • BUILDING HEIGHT: The structure will be approximately 25 feet in height, 30 feet is the maximum height allowed in the NB zoning district. PAGE 7 COUNCIL MEETING JUNE 24, 1996 GREEN AREA: The Zoning Ordinance requires a minimum green area of 35%, 56% of green area will be provided with this site plan. OFF-STREET PARKING: A total of 36 parking spaces, including two (2) handicapped, will be provided on the site. The majority of these spaces are provided in an angle fashion. The Zoning Ordinance requires a minimum of 32 spaces. CIRCULATION AND ACCESS: Access to the site will be provided by two (2) entrance drives off Blue Heron Drive. Due to the unusual shape of the lot, the City Engineer has determined that this arrangement is acceptable. LANDSCAPING: A landscaping plan has been reviewed by the City Forester and found to be acceptable. He is requesting a final review and discussion with the applicant concerning the grasses and wild flower area that is shown on the rear of the lot. A tree preservation plan has also been provided, however, the majority of the existing trees on the site are scrub cottonwood trees and will be removed. PARK DEDICATION: Park dedication will not be required in this case as there is no subdivision of the site. Staff is recommending that the applicant be required to grade and rock a pedestrian trail, to City specification, within the right-of-way of Hodgson Road, the length of the property. This work shall be coordinated with the City Forester and MnDOT. LIGHTING: The CSO should review the lighting and overall security plan for the building with the applicant prior to any construction. LOADING AND TRASH HANDLING: No loading area has been provided due to the nature of the business. Trash handling will be via residential containers located on the west side of the buildinV The area should be properly screened from the adjoining properties. SIGNS: All signs must conform to the City's Sign Ordinance and proper permits obtained prior to any installation. The existing monument marker is planned to be removed. UTILITIES, DRAINAGE AND GRADING: Utilities are available to serve the site off Blue Heron Drive. Plans are subject to the final review and approval of the City Engineer. RCWD permits will also be required for the drainage and grading of the site. HAZARDOUS MATERIALS: Any hazardous materials generated from the site will be subject to MPCA disposal rules and regulations. ROOFTOP HEATING/VENTILATING UNITS: Not applicable. PAGE 8 • • COUNCIL MEETING JUNE 24, 1996 Staff is recommending approval of the site plan, conditional use permit to allow the professional building, and variance for seven (7) feet on the interior side setback with the following conditions: 1. Proper building permits be obtained prior to any construction and 1% of the construction costs be escrowed to insure completion of all site improvements. The CSO shall review the building plans prior to issuance of the building permit to insure compliance with CPTED recommendations. 2. A pedestrian trail shall be graded and rocked, to City specifications, along the Hodgson Road side of the property. This trail work shall be coordinated with the City Forester and MnDOT. 3. Landscaping of the site shall be coordinated with the City Forester. 4. Signs shall conform to the Sign Ordinance and proper permits obtained prior to installation. 5. A detail of the proposed fencing on the west property line shall be provided prior to City Council review. 6. RCWD permits shall be obtained, if required, prior to any site grading. 7. Utility, grading and drainage plans shall be reviewed and approved by the City Engineer. 8. A variance for seven (7) feet on the interior side setback line shall be approved allowing a setback of 28 feet. The Planning and Zoning Board held a public hearing at their June 12, 1996 meeting to discuss this proposal. Residents from the immediate area were present and voiced concern regardingthe entrance drives off Blue Heron Drive. The City Engineer explained that permits from MnDOT for access off Hodgson Road would be near impossible to obtain. After some discussion the general consensus from the residents in the area was that this was an acceptable use of the site. The Planning and Zoning Board recommended approval with the conditions outlined above. It was noted that no other design for the building to eliminate the need for the variance was practical. It was also noted that the building will be used exclusively for the dental office. Ms. Wyland indicated that the park lots adjacent to this lot were unbuildable because of soil conditions. Council Member Neal moved to approve the site plan review subject to the conditions listed above. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 9 COUNCIL MEETING JUNE 24, 1996 Council Member Kuether moved to approve the variance as requested subject to the conditions listed above. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve the conditional use permit subject to the conditions listed above. Council Neal seconded the motion. Motion carried unanimously. Site Plan Review, Emergency Apparatus Maintenance (EAM) - Ms. Wyland explained that CNH Architects has submitted a site plan review package for EAM. EAM would like to construct a 5,250 square foot building with 5,600 spare feet of future expansion area on 4th Avenue next to the Klosner-Goertz building in the Apollo Business Park. The building will consist of an office, warehouse and repair bays'. The proposed site is approximately one acre in size, is zoned General Industrial, and is shown as industrial on the City's Comprehensive Land Use Plan. EAM repairs, customizes and upgrades emergency apparatus for fire departments, including the Centennial Fire District, and is a distributor for pumps, lighting, foam systems and valves. They have been leasing space in the City of Blaine since 1987 and currently employ six (6) people. They anticipate one new'employee every 18 months. EDAAB has recommended approval of the project and will be providing TIF to cover the cost of a portion of the site. EAM has requested that the driveway be moved farther to the south along 4th Avenue to better accommodate vehicles driving into the work bays. The City Engineer has reviewed the site plan and agreed the new driveway placement was an improvement. SITE PLAN REVIEW:... SETBACKS: The building is proposed to be constructed 60 feet back from 4th Avenue. The required setback from a collector or arterial street is 50 feet. BUILDING EXTERIOR: The proposed construction is rock face concrete block, with accent colored block striping. It will be compatible with other buildings in the Business Park. The east side of the building will be smooth block as future expansion is planned for that area. BUILDING HEIGHT: The building will be 18 feet in height. GREEN AREA: A minimum green area of 10% is required by the Zoning Ordinance. This will be met with the proposed site plan and future expansion area. OFF-STREET PARKING: Eight (8) parking stalls will be provided as well as one handicapped van space. The proposed construction based on the number of employees actually requires six (6) spaces. PAGE 10 • COUNCIL MEETING JUNE 24, 1996 CIRCULATION AND ACCESS: A 26 foot wide access drive off of 4th Avenue is indicated on the site plan. Since there will be no access to Apollo Drive, the driveway is not subject to review by the Anoka County Highway Department. The final driveway location is subject to review by the City Engineer before issuance of a building permit. LANDSCAPING: The landscaping plan submitted shows a variety of decorative trees and shrubs along 4th Avenue and in front of the building, plus several pine trees to be used for screening the parking area from 4th Avenue. The CSO has recommended the pines be replaced with decorative trees so that the area is not totally screened from view. LIGHTING: A detailed lighting plan was not submitted. Staff is recommending that a plan be provided and reviewed by the CSO to ensure compliance with CPTED recommendations prior to issuance of the building permit. LOADING AND TRASH HANDLING: The trash handling area was not included on the site plan. It is proposed to be located and screened on the northeast side of the building on the concrete pad. SIGNS: All signs must conform with the Sign Ordinance. UTILITIES AND DRAINAGE: Plans for utilities, drainage and site grading will be subject to review and approval by the City Engineer. Utilities will be available to serve the site. The RCWD must also review and approve the drainage, ponding and grading plans. HAZARDOUS MATERIALS: No hazardous materials are used on the site. An underground storage tank shown on the site plan contains water for testing equipment. ROOF TOP HEATINGIVENTILATING UNITS: construction project. No roof top units are involved in this Staff recommended', approval of the site plan review with the following conditions: 1. Proper building permits be obtained prior to any construction on the site. The building permit shall include a deposit of 1% of construction costs to ensure completion of all site improvements. 2. The applicant sign a development agreement and post financial guarantees as specified by the City prior to issuance of the building permit. 3. The City Engineer shall review and approve the grading, utility and drainage plans. PAGE 11 COUNCIL MEETING JUNE 24, 1996 4. The parking area shall be supplied with adequate handicapped spaces as provided by the ADA rules and regulations. 5. Permits be obtained from the RCWD for grading and on-site ponding, if required. 6. Signage comply with the City Sign Ordinance and proper permits obtained. 7. Concrete curb, gutter and bituminous paving shall be provided for all access driveways and parking areas. Curb and gutter shall not be required on the concrete pad on the east side of the building in the proposed expansion area. 8. The contractor shall review final construction documents with the CSO to ensure compliance with CPTED recommendations. EDAAB has reviewed the proposal. The Planning and Zoning Board recommended approval of the site and building plan with the conditions outlined above. Council Member Kuether moved to approve the site plan review subject to the conditions listed above. Council Member Neal seconded the motion. Motion carried unanimously. Site Plan Review, Blue Heron II, Apollo Drive - The Blue Heron II project involves the construction of a 35,000 square foot building just west of the newly constructed Blue Heron Phase I building. It will contain 11,600 square feet of office space and 23,400 square feet of warehouse space. The property is located in the Apollo Business Park and is zoned Light Industrial. Office and warehousing are permitted uses within this zoning district. It is the developers intent to offer space for rent in 3,500 square foot increments. A dock area is provided to access the warehousing portion of the building. This phase also requires a minor subdivision and site plan review. SITE AND BUILDING PLAN REVIEW SETBACKS: The building is proposed to be constructed 50 feet from Apollo Drive. This setback meets the required setback from an arterial or collector roadway. BUILDING EXTERIOR: The proposed building exterior is rock face block and breakoff block design to match the construction of the building in Phase I. BUILDING HEIGHT: The office and warehouse area will be under the allowable height requirements. GREEN AREA: A minimum of 10% green area is required by the Zoning Ordinance. The site plan shows a 16% green area. PAGE 12 COUNCIL MEETING JUNE 24, 1996 • OFF-STREET PARKING: Ninety Five (95) parking stalls plus four (4) van handicapped stalls are indicated on the site plan. This meets the ADA requirements for handicapped vehicles and exceeds the number of parking spaces required by the Zoning Ordinance. CIRCULATION AND ACCESS: A 40 foot shared access drive with Blue Heron Phase I is indicated on the site plan. This is in compliance with Anoka County requirements on Apollo Drive. The driveway is subject to review and approval by the Anoka County Highway Department. A shared driveway agreement will be required. LANDSCAPING: A landscaping plan has been submitted which indicates a number of Chinese lilacs, Norway maples, ash, spruce and other ornamental shrubbery. All sod and planting areas are to have water irrigation systems. Staff recommends the landscaping on the southwest corner be revised to ensure compliance with CPTED recommendations. LIGHTING: A lighting plan was not submitted with the site plan. Staff recommends that a plan be provided and reviewed by the CSO to ensure compliance with CPTED recommendations prior to issuance of the building permit. LOADING AND TRASH HANDLING: All exterior trash is to be stored in a seven (7) foot high masonry enclosure that matches the exterior of the building. SIGNS: All signs must conform to the Sign Ordinance. UTILITIES, DRAINAGE AND GRADING: Plans for utilities, drainage and site grading will be subject to review and approval by the City Engineer. Utilities will be available to serve this site. The RCWD must also review and approve drainage, ponding and grading plans. HAZARDOUS MATERIALS: Proper storage and disposal of any hazardous materials generated on the site must be ensured by the developer. ROOF TOP HEATING/VENTILATING UNITS: All roof top HVAC units are to be screened with standing seam metal panels. Staff recommended approval of the site plan review with the following conditions: 1. Proper building permits be obtained prior to any construction on the site. The building permit shall include a deposit of 1% of construction costs to ensure completion of all site improvements. 2. The applicant sign a development agreement and post financial guarantees as specified by the City prior to issuance of the building permit. PAGE 13 COUNCIL MEETING JUNE 24, 1996 3. The City Engineer shall review and approve the grading, utility and drainage plans. 4. The parking area shall be supplied with adequate handicapped spaces as provided by the ADA Rules and Regulations. 5. Permits be obtained from the RCWD for grading and on-site ponding if required. 6. The signage is to comply with the Sign Ordinance and proper sign permits obtained. 7. Concrete curb and gutter and bituminous paving shall be provided for all access driveways and parking areas. 8. The developer is required to obtain a driveway access permit from Anoka County. 9. The developer pay the required park dedication fees. 10. A shared driveway agreement be included in the development agreement. 11. The contractor shall review final construction documents with the CSO to insure compliance with the CPTED requirements. 12. A certificate of survey be provided to the City prior to action on the minor subdivision (the City has this certificate). The Planning and Zoning Boardreviewed this site plan and minor subdivision requests and recommended approval with the conditions outlined above. Council Member Kuether moved to approve the site plan review subject to the 12 conditions outlined; above. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve the minor subdivision as outlined above. Council Member Lyden seconded the motion. Motion carried unanimously. Minor Subdivision, Alan Donat, 8134 East Rondeau Lake Drive - Mr. Alan Donat has requested a minor subdivision to allow his 16.76 acre parcel to be split into two (2) parcels. He has an existing house which will remain on 6.75 acres and he will create an additional building site of 10.01 acres for future development. Access for both parcels will be off of East Rondeau Lake Drive. The property is zoned Rural and indicated as such on the Comprehensive Land Use map. Ordinance No. 93 - 18 allows a property constructed prior to July, 1992 to reduce the homesite to a minimum of one acre provided the balance of the site is 10 acres or more. PAGE 14 • • • COUNCIL MEETING JUNE 24, 1996 The staff has reviewed the request and is recommending approval of the request with the condition that a $500.00 park dedication fee be required for the 10.01 acre parcel and that this fee be collected prior to recording of the subdivision with Anoka County. The Planning and Zoning Board reviewed this item at their June 12, 1996 meeting and recommended approval with the Park Dedication fee requirement. Council Member Lyden moved to approve the minor subdivision with the requirement of the park dedication fee of $500.00. Council Member Kuether seconded the motion. Motion carried unanimously. Minor Subdivision, Molly and Jim Jungbauer, 2207 Deer Pass Trail - Mr. and Mrs. Jungbauer are requesting a minor subdivision to add five (5) feet to their property from the adjoining property. The purpose of this minor subdivision is to correct the existing encroachment on the east side of their property which contains a retaining wall and stairway and establish a minimum five (5) foot setback for the existing deck and eliminate future mortgage and/or resale problems. The property is zoned Rural Executive and indicated as Rural on the Comprehensive Land Use Plan. The Zoning Ordinance requires a minimum setback of five (5) feet from the property line for any deck. The minimum lot area in a Rural district is 10 acres, however, this area was platted prior to the 10 acre rule and the average lot area on the north side of Deer Pass Trail is 11,500 square feet with a lot width of 70 feet. The Jungbauer property is 70 feet by 165 feet or 23,000 square feet. The Jungbauer residence was constructed in 1986 with an addition in 1988. The deck was added by the previous owner sometime after 1988. When the home was originally constructed, the site included two (2) lots although they were not legally joined. The owner subsequently lost title to the adjacent property. Splitting five (5) feet from the adjoining double lot will reduce that lots width from 140 foot width to 135 feet. However, a setback of 18 to 20 feet between the new property line and the existing garage will be maintained. The Zoning Code requires a five (5) foot setback from the garage. Staff has reviewed this request and is recommending approval. Adding five (5) feet to the Jungbauer property will eliminate an existing encroachment, maintain or exceed the required setback for the deck and eliminate future problems with resale or refinancing of the property. The adjoining property owner has agreed to the subdivision and will be transferring title of the five (5) feet to the Jungbauer's if the subdivision is approved. Staff is also recommending that the five (5) foot parcel be attached to the Jungbauer's existing property. The Planning and Zoning Board reviewed this item and recommended approval. At their meeting, Mr. Jungbauer requested that his application fee of $250.00 be refunded as the setback problem was not of his making and he is merely correcting an existing problem. PAGE 15 COUNCIL MEETING JUNE 24, 1996 The Planning and Zoning Board recommended the application fee be refunded. However, staff is not in agreement with the Planning and Zoning Board on this issue. Mr. Jungbauer asked the City Council to consider this particular issue and not any that may come before the City Council in the future. He explained that he is rectifying a problem that could have been avoided if the building inspector had inspected the sight in 1990 and observed the encroachment of the house and the decks. Mr. Jungbauer noted that when he purchased the property he received a letter from the City stating that the problem did not have to be rectified. However, he wants to rectify the problem now to avoid future problems. Mr. Hawkins explained that he did not see that the City was in error in this situation. There are situations where variances are required. He understood Mr. Jungbauer's concern with a problem that he did not create, however, the City does sees a lot of situations where property owners did not create their particular problem and are trying to rectify the problem after the fact. The fee is not designed to raise money for the City but to cover administration and publication costs that are incurred when dealing with the problem. If the City waives this fee, where does the City draw the line? What is the standard? Council Member Lyden moved to approve the minor subdivision, waive the park dedication and refund the $250.00 fee to the applicant. Council Member Neal seconded the motion. Voting on the motion; Council Member Lyden and Neal voted yes. Council Member Kuether and Mayor Landers voted no leaving a tie vote. Council Member Kuether moved to approve the minor subdivision, waive the park dedication and not refund the $250.00 fee. Mayor Landers seconded the motion. Council Member Lyden asked if a compromise could be made by splitting the fee. Council Member Kuether said that the City has faced many similar situations and felt this would be setting a precedence. Voting on the motion, Council Member Kuether and Mayor Landers voted yes, Council Members Lyden and Neal voted no leaving a tie vote. Mr. Jungbauer said he was disappointed but withdrew his request for a refund of the $250.00 fee. Council Member Kuether moved to approve the minor subdivision and waive the park dedication fee. Council Member Lyden seconded the motion. Motion carried unanimously. Minor Subdivision, Richard Carlson, 7932 Lake Drive - Mr. Carlson has purchased the His and Her Barber & Beauty Shop at 7932 Lake Drive and plans to convert the operation to a Rental Equipment Business. The property is located within the Central Business (CB) zoning district and is indicated as Business on the Comprehensive Land Use Plan map. The CB district has no minimum requirements for lot width, depth or area. PAGE 16 COUNCIL MEETING JUNE 24, 1996 • The property is approximately .62 acre in size. There are no sewer or water utilities to serve this area. • • The applicant is requesting a minor subdivision to add an 80 foot by 135 foot (Tract B) parcel to the existing 164 foot by 135 foot (Tract A) parcel from an existing 19 acre (Tract C) parcel. Tract B and C are currently zoned rural -executive. Staff originally recommended approval of the minor subdivision to the Planning and Zoning Board with the following conditions: 1. Tract A and B shall be combined to provide one legal description and one tax parcel. 2. No park dedication fee shall be required as no additional structures are proposed to be constructed. 3. The applicant shall apply for a rezoning of Tract B prior to any additional land use applications. (It is the applicants intention to apply for a site plan review in the future to accommodate some site improvements. A rezoning may be appropriate at that time). The Planning and Zoning Board reviewed this item at their June 12, 1996 meeting and recommended approval of the minor subdivision with the conditions outlined above. This approval was given prior to discussion with David Licht of NAC and the City Council concerning the upcoming Comprehensive Plan review and update. At the Council work session on June 18, 1996, the Council directed staff to defer future rezoning requests until completion of the Comprehensive Land Use Plan, particularly in areas that may be subject to change, i.e.; the Lake Drive corridor. For that reason, staff is recommending that the Council consider a denial of the subdivision request until such time as the Comprehensive Land Use Plan review for this area is complete. The applicant has indicated that he would be interested in obtaining approval of the minor subdivision at this time to allow him to purchase the parcel before the Comprehensive Land Use Plan is adopted. Ms. Wyland read the three (3) option for City Council consideration and added a fourth option as follows: Approve the minor subdivision as recommended by the Planning and Zoning Board with the condition that the parcel remain zoned Rural until the Comprehensive Land Use Plan is completed. Mr. Hawkins noted that it is not unusual for property to have two (2) different zonings. Mr. Carlson, owner of the property, said that there may have been miscommunication regarding this matter. A condition of the sale of the original property (His and Her Barber and Beauty Shop) was that the City approve the property for the operation of a rental business. Mr. Carlson explained his business and noted that some of the rental units will require outside storage. He detailed the area and explained that the previous landowners were concerned that if a developer purchased the balance of the 80 acres, he may want to PAGE 17 COUNCIL MEETING JUNE 24, 1996 make the current driveway an entrance road to the property. Sixty six (66) feet would be needed for that roadway. Mr. Carlson further stated that until two (2) weeks ago, approval of his request appeared to be all but finalized. Now that he would like to apply for a rezone and/or a conditional use permit, he was told that there is good news and bad news. He noted that he has already purchased the land based on his earlier discussions with staff. After further discussion Council Member Neal moved to approve the minor subdivision request from Richard Carlson subject to the conditions recommend by the Planning and Zoning Board. Council Member Lyden seconded the motion. Motion carried with Council Member Kuether voting no. It was noted that this approval does not imply that any rezoning requests will be approved. Consideration of Rezone, Preliminary Plat and Planned Development Overlay, Bruce Hanson, Surfside Seaplane Base - Mr. Hanson submitted a letter requesting that this matter be tabled until a full Council is present. Council Member Kuether moved to table this matter until the next Council meeting. Mr. Hawkins reminded Council that by law, the Council must act on this matter within 60 days. If Mr. Hanson wants the matter delayed he should file a written waiver to the 60 day requirement. Council Member Neal seconded the motion, motion carried unanimously. Consideration of Variance, Gary Sandahl, 478 Lonesome Pine - Ms. Wyland reviewed her "green sheet" on this matter. Mr. Sandahl is requesting a variance from Section 4, Subdivision 31 Swimming Pools, (1)(D): The pool, filter unit, pump heating unit and any noise making mechanical equipment shall belocated at least 35 feet from any adjacent or nearby residence and not closer that 10 feet to any lot line. The Planning and Zoning Board is recommending a modification to this section of the Ordinance that would delete the following: "35 feet from any adjacent or nearby residence" reference but keep the 10 foot setback requirement. The proposed pool is currently located in a position that does not allow the property owner full view of the pool area from the kitchen area of the home as it must be located 35 feet from the property line to maintain a 35 foot distance from the adjoining residence. The applicant would like to locate the pool 10 feet from the side/rear property line which would place it 20 feet from the adjoining residence. This would require a variance of 15 feet. No variance would be required if the proposed ordinance were approved as revised by the Planning and Zoning Board. The applicant does intend to locate the pool equipment adjacent to his existing residence. PAGE 18 • COUNCIL MEETING JUNE 24, 1996 The applicant would also like to locate the pool approximately five and one half (5 1/2) feet within the 30 foot side yard setback as indicated on the survey document. This is the preferred location as the portion of his yard directly behind the home is at a lower elevation by approximately four (4) feet and may require the construction of a retaining wall and removal of the existing chain-link fence. Mr. Sandahl would like to keep the fenced in area as is and would prefer not moving the existing fencing. He does plan to install a privacy fence around the perimeter of the pool. The findings of fact to consider for this variance application include the following: A. The pool could be located within the required setback, however, full view would not be available from the home. B.The slope of the rear yard could constitute a unique characteristic to the property. C. The applicant could consider a smaller sized pool or locating the pool in a different area on the property although it may be more costly. The Council could consider the slope of the land a hardship. D. Staff is anticipating adoption of the revised zoning ordinance which would eliminate the need for this request. • E. Property values should not be diminished one way or the other, however, that is a subjective statement. • F. The intent of the ordinance was to provide a separation between existing neighboring residences and pool equipment. Placement of the pool itself requires a 10 foot setback according to the existing ordinance and the revised ordinance. The applicant has presented a petition from 12 adjoining property owners, including the owners immediately to the south, indicating no objections to the variance request. The Planning and Zoning Board reviewed this request and recommended approval of the variance to allow the pool to be set back 10 feet from the side property line. There was considerable discussion at a Planning and Zoning Board work session when the recommendation was made to change the pool ordinance. The proposed request conforms to the recommended change. The Planning and Zoning Board did not have an opportunity to review the side yard variance request. Staff recommended denial of this request as the pool may be moved toward the back yard and meet the setback requirement although this may require removal of the existing fence and a possible retaining wall. Mr. Sandahl explained that the drawing of his lot is deceiving. The area where the pool will sit is flat, however, the fence sits on a ridge. He explained that if the pool is moved as originally described, he will have to remove his fence. PAGE 19 COUNCIL MEETING JUNE 24, 1996 Council Member Kuether moved to approve the variance request to allow pool construction 10 feet from the side property line and five and one half (5.5) feet within the required side year setback of 30 feet with the condition that the pool equipment be located adjacent to the existing dwelling. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Ordinance No. 07 - 96, Zoning Ordinance Text Amendment - On May 27, 1996, the City Council approved a site plan review and interim use permit for Mr. Jeff Kelly to allow a golf driving range on 20th Avenue in the R -BR Zoning District. As a condition of approval, a Zoning Ordinance text amendment adding golf course/driving range to the R -BR Zoning District as an interim use was required. Council Member Neal moved to approve the FIRST READING of Ordinance No. 07 - 96. Council Member Lyden seconded the motion. Motion carried unanimously. FIRST READING, Ordinance No. 96 - 03, Amending Section 506 of the City Code, Animal Ordinance - Ms. Wyland explained that a revised Anirnal Ordinance has been prepared incorporating the changes recommended by the City Council. Some of the highlights include: 1. Maximum number of dogs allowed is two (2). 2. Private kennels permitted in any zoning district upon five (5) acres of land or more with a conditional use permit. 3. Limit of four (4) dogs per kennel. Kennel to be located 100 feet from any property line or in the middle of the parcel of property, whichever is greater. 4. No reference to cats or licensing of same. 5. 6. 7. Incorporate provisions for "wild and/or dangerous animals". Feces disposal and leash requirements for dogs. Provision to enhance police enforcement of the ordinance. There was discussion regarding adding cat complaints to the proposed ordinance. However the Chief of Police is not prepared to add such language at this time. It was noted that the motion to revise the Animal Ordinance also mentioned that there would be a separate cat ordinance in the future. Chief Pecchia explained that his department conducted a lot of research regarding a cat ordinance and it would be appropriate to draft such an ordinance. However, there would be a large impact on the Police Department and the Otter Lake Animal Hospital. Chief Pecchia was asked to give the Council some idea of what the impact would be. PAGE 20 • • • COUNCIL MEETING JUNE 24, 1996 Chief Pecchia noted that since the City does not have a cat ordinance, the Police Department cannot advise the residents to call the Otter Lake Animal Hospital. The City would be charged every time the Animal Hospital responded to such complaints. It was decided that Council would adopt the FIRST READING of the Animal Ordinance now and then get more information and discuss the matter of a cat ordinance at the next work session. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 03 - 96 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. Accept Easement, Lino Air Park, Roger Kolstad - Ms. Wyland used the overhead projector to identify the property and explained that Mr. Kolstad is planning to extend Carl Street to serve five (5) previously platted lots in the Lino Air Park North subdivision. As part of the project, Mr. Kolstad has dedicated additional roadway and utility easements. The City Engineer has reviewed the submitted easements and found them to be in conformance with the approved plan. Staff is recommending that the City accept the easement documents as presented. Mr. Kolstad will not be paid for the easements since the easements are a requirement if Carl Street is to be extended. The extended street will be constructed to meet current street standards, be consistent with the existing street and have curb and gutter on the south side of the street. It was noted that the City is in litigation with Mr. Kolstad regarding a culvert placed in County Ditch #22 and the Rice Creek Watershed District has given Mr. Kolstad permission to extend Carl Street. Council Member Kuether moved to approve the easements as presented. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of MUSA Designation, Pheasant Hills Preserve, 7th Addition - This item was removed from the agenda at the time the agenda was approved. Consideration of Resolution No. 96 - 73, Livable Communities Action Plan - The City Council elected to participate in the Metropolitan Livable Communities program in November, 1995. In December, 1995, the City submitted a set of one-year goals as a part of that program. The City is now required to provide the Metropolitan Council with an Action Plan outlining how the City will attain the goals. Resolution No. 96 - 73, if adopted, adopts a Housing Action Plan which will be expanded within the framework of the overall Comprehensive Plan. Staff recommended adoption of this resolution to comply with the Livable Communities Act. PAGE 21 COUNCIL MEETING JUNE 24, 1996 Council Member Neal moved to adopt Resolution No. 96 - 73 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 73 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 96 - 64, Awarding Bid for Underground Storage Tanks - The 1996 Budget included funds for the installation of a new underground storage and fuel dispensing system. The Council approved plans and specifications for this project on May 7, 1996. City Council action is needed to accept the bids for the project and award a construction contract to the lowest responsible bidder. Five (5) sealed bids were received and opened on June 20, 1996. Bid alternate 1 a was included in the bid package. Bid alternate 1 a includes an amount to be added to the base bid to install a fuel management system. The fuel management system will allow staff to track fuel usage by date and time of use, user and vehicle identification, project, volume and mileage on the vehicle. This information will be automatically sent to the City's fleet management computer software as part of the daily maintenance and record keeping efforts for each vehicle. Bid alternate lb was also include in the bid package. Bid alternate lb is the amount deducted from the base bid to install a type 2 tank rather than a type 1 tank. A type 1 tank is a dual wall tank as compared to a single wall type 2 tank. Staff recommended that the base bid and bid alternate 1 a be accepted. The type 1 a tank provides leak detection and containment. The City's consulting engineer, SEH, Inc., has experience working with the low bidder and has indicated that they are a responsible contractor capable of performing the required work. The 1996 budget included $62,000 for this project. The base bid of $40,850 and bid alternate 1 a of $6,375 results in a total construction cost of $47,225. Consulting engineer services will be approximately $7,000 for a total project cost of approximately $54,225. It is anticipated that work will begin within four (4) weeks and will be completed by August 30, 1996. There is contamination at the site of the current storage tanks. A thorough investigation of the extent of contamination must be completed. The State's Petro Fund could fund 75% to 90% of the correction costs. If the situation is bad enough, correction could cost hundreds of thousands of dollars. Council Member Lyden moved to adopt Resolution No. 96 - 64, Accepting the Bids and Awarding a Construction Contract to Minnesota Petroleum Service Incorporated in the PAGE 22 • • • COUNCIL MEETING JUNE 24, 1996 amount of $47,225.00. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 64 can be found at the end of these minutes. Consideration of Resolution No. 96 - 68, Ordering Improvement, Approve Plans and Specifications and Order Advertisement for Bids, Clearwater Creek Development Center Trunk Utilities - The overhead projector was used to show the location of the proposed improvement. The improvement involves the installation of trunk sanitary sewer and watermain improvements to serve the properties ease of I -35E between Cedar Street and Main Street. The alignment of the utilities will coincide with the proposed route of the relocated Otter Lake Road project. The trunk utilities will be installed this summer under a separate contract from the roadway and storm sewer construction in this area which will take place in the spring of 1997. The public hearing for this project was held on January 22, 1996. A copy of the advertisement for bids has been forwarded to the legal newspaper contingent upon the City Council's approval of this resolution. A 4/5th vote of the Council is required. Council Member Kuether moved to adopt Resolution No 96 - 68. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 68 can be found at the end of these minutes. Consideration of Resolution No. 96 69, Order Improvement and Preparation of Plans and Specifications, Otter Lake Road Realignment - The overhead projector was used to identified the location of this proposed project. The project involves the reconstruction of Otter Lake Road (County Road #84) along a new alignment between Cedar Street and Main Street (CSAR 14). It will provide roadway access to the center of the properties between I-35E`and 24th Avenue (Elmcrest Avenue) in this area. The City will receive funding for a portion of the construction costs via execution of a Joint Powers Agreement with Anoka County. An estimated cost split was included in the Feasibility Report which was reviewed with the City Council at the public hearing held on June 10, 1996 The plans and specifications will be prepared in time to allow the project to be bid this winter when the bidding climate is most advantageous, construction will begin in the spring of 1997. The design ofthis project will be coordinated with the design of the sanitary sewer and watermain trunk utilities to be installed along the same corridor this summer. Financing of this improvement includes approximately $600,000 from Anoka County, approximately $315,000 in assessments to the benefiting property owners and the balance from the Surface Water Management Fund and MSA funds. A 4/5th vote of the Council is required for approval of the resolution. PAGE 23 COUNCIL MEETING JUNE 24, 1996 Council Member Kuether moved to adopt Resolution No. 96 - 69 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 69 can be found at the end of these minutes. Consideration of Resolution No. 96 - 70, Order Preparation of Report on Improvements, I-35W/Th 49 Interchange Commercial Development Trunk Utilities - The City is currently studying the concept of developing a Town Center located on the southeast quadrant of the I-35W/Trunk Highway 49 interchange. In addition to the Town Center concept, private development interest in this area is very active. One of the main questions regarding any development request is the availability of utilities. Since this area is currently without utility service, a report studying the feasibility of installing utilities to the area is recommended to be completed so the City can adequately plan for future development. Pursuant to Minnesota Statutes, Chapter 429, Council is required to order the preparation of a report studying the proposed improvements. Resolution No. 96 70 would order the report. The Fairview Health Clinic is very interested in locating in the Town Center and wishes to start construction in 1997. They are one of several groups seriously looking at this site. Council Member Kuether moved to adopt Resolution No. 96 - 70. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 70 can be found at the end of these minutes. Consideration of Resolution No. 96 - 71, Declare Adequacy of Petition and order Preparation of Report, Trapper's Crossing Phase 2 & 3 - The overhead projector was used to indicate the location of the proposed project. The owner of the land that comprises Trappers Crossing Phase 2 and 3 has submitted a petition to the City to construct street, curb and gutter, storm sewer and water supply and sanitary sewer systems. Pursuant to Minnesota Statutes, Chapter 429, and Chapter 8 of the Lino Lakes Charter, Council is required to declare the adequacy of the petition and order preparation of a report studying the proposed improvements. Council Member Kuether moved to adopt Resolution No. 96 - 71. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 -71 can be found at the end of these minutes. Consideration of Resolution No. 96 - 29, Memorandum of Understanding (MOU) with MnDOT, Trunk Highway 49 Turnback, Fourth Avenue to Lilac Street - The Minnesota Department of Transportation (MnDOT) has identified TH49 as a highway to PAGE 24 • COUNCIL MEETING JUNE 24, 1996 be under the jurisdiction of Ramsey County, Anoka County and the City of Lino Lakes. Currently, both Ramsey County and Anoka County have adopted a MOU for their portion of Highway 49. The portion of Highway 49 proposed to be under the jurisdiction of Lino Lakes is from Lilac Street to Fourth Avenue and is 0.28 miles in length. Fourth Avenue north and south of the subject segment are under the jurisdiction of the City. The MOU states that the City can utilize Municipal State Aid Turnback Account funds for improvements to the roadway. A turnback route placed on the Municipal State Aid System is designated mileage above the normal 20% limit on mileage available to be on the MSA system (the total mileage of streets eligible for MSA designation is limited to 20% of all streets in the City). The ability for the City to have more than the normal 20% limit designated as MSA does provide for some compensation to the City for receiving this roadway. City Council action is requested to authorize the Mayor, City Administrator and City attorney to sign the MOU. At the March 8, 1996 Council meeting, Council reviewed this topic with staff and Mr. Bob Brown, Metro District State Aid Engineer. Council had a number of questions at the meeting that are discussed as follows: • Th 49 Information & Records. The MOU states that the City can have access to all MnDOT information regarding the turnback segment. Staff has received and reviewed this information which includes: 1) Right -of -Way map; 2) all driveway and utility permits; and, 3) the construction plans for the 1995 mill and overlay project. The mill and overlay project completed in 1995 included the placement of three (3) inches of bituminous asphalt on the driving lanes and shoulders of the existing pavement. The MnDOT Materials Engineer estimates that these improvements will provide a 10 - 15 year service life to the roadway. • Funding. Although, reconstruction funding is available, the funds would have to be used within a 10 year time frame from the date of execution of the MOU. Considering that the expected life span of the roadway is greater than 10 years, staff would not expect to utilize these funds. However, the City will receive approximately $22,000 towards maintenance costs of the roadway. Staff feels that the turnback of Fourth Avenue from the State to the City is appropriate as it better fits in with the existing street designations and MSAS funds are available above the City's normal 20% limit to aid in future reconstruction and maintenance of the roadway. Staff recommends that the City Council adopt Resolution No. 96 - 29 authorizing the Mayor, City Administrator and City Attorney to sign the MOU. Council Member Kuether moved to adopt Resolution No. 96 - 29 with the stipulation that the City try to get more than the $20,000 MSA funds proposed by the State. Council Member Lyden seconded the motion. Motion carried unanimously. PAGE 25 COUNCIL MEETING JUNE 24,1996 Resolution No. 96 - 29 can be found at the end of these minutes. Consideration of Resolution No. 96 - 75, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, Clearwater Creek Development Center Street Utilities - The City is currently planning the construction of street and utilities in the Clearwater Creek Development Center. The acquisition of right-of-way is necessary for the proposed improvements. Past discussions with property owners regarding the projects have been received favorable and staff does not expect conflicts in acquiring the right-of-way. However, with the adoption of the attached resolution, the City is certain to have the right-of-way acquired in a timely manner so as not to delay the projects. Council Member Kuether moved to approve Resolution No. 96 75 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. CONSIDERATION OF WAIVING OR NOT WAIVING MONETARY LIMITS ON TORT LIABILITY PER MINNESOTA STATUTE 466.04 Mr. Schumacher explained that each year the City Council has the option of waiving its monetary limits on tort liability to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. This limit of liability insurance is currently $600,000.00 per each occurrence or incident. The city does carry an additional $1,000,000.00 in excess liability coverage ($1,000,000.00 per occurrence and annual limit) in the event that the limits were ever declared to be unconstitutional. The City has never waived its monetary limits on tort liability. Staff recommends that the City Council not waive its monetary limits on tort liability at this time. Council Member Kuether moved to not waive its monetary limits on tort liability established by Minnesota Statutes 466.04. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration of Draft Letter to the Charter Commission Relating to Street Improvement Issues - Mr. Schumacher started to write the draft letter and feels he should speak to the Charter Commission Chairman to clarify some issues. He will speak to the Chairman tomorrow and then finalize the draft letter and get it out to the City Council for their review. The letter will then be presented to the Charter Commission at their next meeting in July. PAGE 26 • • • COUNCIL MEETING JUNE 24,1996 Consideration of Approving Metropolitan Council MUSA Allocation of 150 Acres - In early 1995, the City of Lino Lakes requested a Comprehensive Plan Amendment for 740 gross acres of addition MUSA. Metropolitan Council staff requested numerous upgrades to the existing Comprehensive Plan prior to any MUSA amendments. City staff has negotiated a compromise that would allow an interim undesignated MUSA reserve of 150 net acres to be put into effect immediately in sewer districts 1, 4, 5 or 6. The City is in the process of updating the necessary elements of the Comprehensive Plan that would allow Metropolitan Council review of the original 740 acres MUSA request. Only one other community in the metro area has received this authorized level of undesignated MUSA reserve. In addition, Metropolitan Council Environment Services (MCES) has been requested to complete within the next 60 days a System Improvement Study for upgrading or replacing the Centerville interceptor which directly impacts the I -35E interchange development. Use of the 150 MUSA net acres will be determined on a first come, first served basis and based on the City Council wishes. Council Member Lyden expressed reservation about creating a MUSA bank and asked that some restrictions be prepared such as for economic development or cluster development but not for adding "rooftops". He was told that there was no designated commercial or light industrial in the districts designated by the Metropolitan Council. Council Member Lyden asked Mr. Hawkins if the City has this MUSA bank and a developer comes to the City with a proposal the City Council feels inappropriate, can the City deny extending MUSA to that proposed development. Mr. Hawkins said no, the City would have to have standards inplace. The City cannot arbitrarily say no to one developer and yes to another. He suggested the MUSA bank be approved with the stipulation that none of the MUSA bank will be distributed until the criteria is established. Council Member Kuether moved to approve the Net Undesignated 150 acre MUSA Proposal Per Metropolitan Council Letter of May 29, 1996 with the understanding that the MUSA will not be used until a plan for distribution is developed. Council Member Lyden seconded the motion. Motion carried unanimously. NEW BUSINESS Mayor's Comments - Mayor Landers extended a "thank you" to Mr. Schumacher, Mr. Ahrens and Mr. Hawkins for their time and hard work in preparing a final procedure in dealing with the Trapper's Crossing subdivision. PAGE 27 COUNCIL MEETING JUNE 24, 1996 Council Lyden said that he reviewed the fence ordinance and found that the ordinance requires chain length fences to have round posts and braces. He asked if the City Council approved a non -conforming fence. No answer was provided. Council Meetings - Council Member Neal noted that many of the Council meetings were very long. He suggested that the City Council hold four (4) meetings per month or start the meetings earlier for the next four (4) months or until all business is completed. Council Member Kuether said that she cannot commit to four (4) meetings a month but was committed to extra meetings when they are necessary. It as noted that if the Council held four (4) meetings a month, staff may not be able to keep up with that schedule. Special meetings were suggested if there is a priority issue for the City Council or if there are some additional policies that need additional discussion. Another suggestion was to place a time limit on each item. Mayor Landers proposed leaving this to the discretion of Mr. Schumacher. He also suggested that if it looks like the agenda is going to be unusually long, a special meeting should be called. Council Member Lyden asked that all items that are placed on the Monday's regular meeting agenda be discussed at the work session prior to that meeting. Council decided to leave this matter to the discretion of the City Administrator. Council Member Kuether moved to adjourn at 9:50 p.m. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting held on March 22, 1999. Anders M y derson, Clerk -Treasurer Mari n G. PAGE 28