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HomeMy WebLinkAbout11/24/1997 Council Minutes• • COUNCIL MINUTES NOVEMBER 24, 1997 CITY OF LINO LAKES MINUTES DATE : November 24, 1997 TIME STARTED : 6:31 P.M. TIME ENDED : 8:32 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Neal and Lyden MEMBERS ABSENT : None Staff members present: Assistant to the City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; and Clerk - Treasurer, Marilyn Anderson. SETTING THE AGENDA Council Member Lyden requested the addition of the 1998 Budget under "New Business", and Dan Tesch requested the addition of Attorney's Report under "Old Business". The agenda was approved as amended. CONSENT AGENDA Council Member Lyden requested that the item under "Community Development" described as "Wessel, Brian (meals)", in the amount of $322.41, be removed from the list of disbursements presented for approval and returned to the next Council work session for extensive review. Council Member Lyden moved to approve the Consent Agenda, as amended. Council Member Neal seconded the motion. Motion carried unanimously. ITEM MINUTES, November 10, 1997 DISBURSEMENTS: ACTION November 24, 1997 (Checks No. 49305 - 49416, $164,708.88) Less $322.41 Centennial Fire District OPEN MIKE • No one appeared under open mike. Approved Approved COUNCIL MINUTES NOVEMBER 24, 1997 OATH OF OFFICE FOR THREE NEWLY HIRED LINO LAKES POLICE OFFICERS, • BILL HAWKINS Police Chief Pecchia introduced and City Attorney Hawkins administered the oath of office to Kyle Leibel, Mitch DeMars, and Shawn Silvera, who were recently hired by the Lino Lakes Police Department. Mayor Landers congratulated the three gentlemen and welcomed them to the City of Lino Lakes. 6:30 P.M., PUBLIC HEARING, LAKE DRIVE TRUNK SEWER AND WATER UTILITY IMPROVEMENT, DAVID AHRENS Mr. Ahrens reviewed for Council the nature of this proposed improvement as being the extension of trunk utilities along Lake Drive from 79th Street to Main Street and along Main Street to a point just west of the Lino Lakes Elementary School. He reminded Council that previously it had ordered a project along Lake Drive extending trunk sanitary sewer and water main from the intersection of Lilac and Apollo Drive north along Lake Drive to 79th Street, which is currently in the design process. The subject project area north of 79th Street and west of Lake Drive is within the MUSA boundary. Properties on the east side of Lake Drive are not included in MUSA with the exception of some parcels immediately adjacent to the intersection of Main Street and Lake Drive. Mr. Ahrens explained that the feasibility report for this project was accepted on October 13, 1997, and the public hearing was scheduled at that time for the purpose of eliciting citizen and Staff input. Should Council find that sufficient information has been gathered during the course of this evening's public hearing, it can move to close the public hearing and begin the 60 -day waiting period prior to further action regarding the project. Leonard Nuquist of SEH stated that a meeting has been held with Anoka County with respect to the installation of these utilities in an effort to avoid County facilities and to keep them within the right-of-way provided. He explained that the project is estimated to cost $513,717 for the trunk sanitary sewer, and $322,762 for the trunk water main, for a total estimated cost of $836,479. Those costs include a 10% contingency as well as a 30% allowance for engineering, financing and administrative costs. Mr. Nuquist provided the following construction schedule: Close of Public Hearing End of 60 -day Period Ordering the Project Approval of Plans Award of Contract 2 November 24, 1997 January 23, 1998 January 26, 1998 March 9, 1998 April 13, 1998 • • • • COUNCIL MINUTES NOVEMBER 24, 1997 Construction Start Substantial Completion August, 1998 October, 1998 Mr. Ahrens then reviewed the proposed assessments in connection with this project. In accordance with City policy, utility assessments are broken down into the following categories and amounts: Sanitary Sewer (per acre) $1,983 Water main (per acre) 2,114 Sanitary Sewer (per unit) 859 Water main (per unit) 1,387 Sanitary Sewer (front foot) 33 Water main (front foot) 23 Surface Water Mgt. (per acre, residential) 4,051 Surface Water Mgt. (per acre, commercial) 6,098 Mr. Ahrens explained that whenever the City assesses for utilities, the assessment is broken down into seven categories: The sanitary sewer and water main are assessed on a per acre as well as a per unit basis. The per unit, or service availability charge (SAC), is a method used by the Metropolitan Council to equate industrial or commercial properties to equivalent single- family homes. Mr. Ahrens stated that within the subject project area there is a mix of residential and commercial properties. The residential charges are based on a single unit charge, as was the Tom Thumb store commercial property. However, according to the equivalency formula, the real estate business was assessed as two units while the school district equated to approximately 24 units based on the number of children who attend the elementary school. Mr. Ahrens added that .the front footage charge is based on actual construction cost. Mr. Ahrens stated that proper notification had been accomplished by the City Clerk, which included the estimated amount of each assessment. He added that the $1,000 SAC charge and the required permit charges of $125 for sanitary sewer and $100 for water main were not included on these notices. Additionally, each property owner is responsible for the cost of extension of service from the easement or property line to the connection point. Assessments would be levied at the time of connection to the utilities. Mr. Ahrens explained that the time for connection will be determined by each property owner; however, in the event of new construction or reconstruction of an existing sewer system or well within the subject area, connection will become mandatory. He added that each property owner can elect to connect to one utility at a time, with up to seven years to complete connection to both utilities. Mr. Ahrens explained that financing for the proposed project would result from assessment to benefiting property owners totaling $501,514, with the remainder of the cost paid through the City's area and unit fund ($334,965). • Three property owners attended the November 6, 1997 neighborhood meeting, including Brian Schwartz, who lives on the north side of Main Street where immediate connection to the COUNCIL MINUTES NOVEMBER 24, 1997 proposed utilities would not be available. Mr. Schwartz corresponded with Mr. Ahrens indicating his request to have his property included in the proposed project. Mr. Ahrens reviewed this matter with project consultants, it has been determined that Mr. Schwartz' request can be accommodated within this project. Council Member Neal asked if it would not be more feasible to route the proposed utility lines so as to accommodate Mr. Schwartz then across to the school. Mr. Ahrens explained that two separate jackings have been explored, one to most efficiently service the school's needs and the other to serve the properties on the opposite side of the street from the school. Council Member Kuether asked why certain property owners would be assessed at a higher rate than others. Mr. Ahrens explained that the residential properties within this project area fall under the Bisel Amendment, and that the properties located on the south side of Main Street are assessed at a higher rate. Council Member Lyden asked how the properties on the northeast and southeast corners of Lake Drive and Main Street are perceived as being served in the future. Mr. Ahrens stated that presently the expectation is that a separate project would be required including a separate lateral on the east side of Lake Drive. He added that if Council so desires, this addition can be made to the current project. Mayor Landers requested clarification that the entire project area is within the jurisdiction of the City Charter. Mr. Ahrens stated that it is. Mayor Landers opened the public hearing for this proposed project at 6:55 p.m. Dick Quanbeck of the T.F. James Company (which owns the Tom Thumb property) stated that generally he is supportive of the project, and asked for clarification regarding the assessment period, the rate of interest to be charged, and the SAC. Council confirmed that the assessment period is 15 years, and that the rate of interest is two points more than that paid by the City for the bond. Mr. Quanbeck then asked if there would be a water accessibility charge in addition to the SAC. Mr. Ahrens stated that there is no water accessibility charge. Mr. Quanbeck also asked how connection at some future date would effect the charges as presented. Mr. Ahrens explained that the area and unit charges are adjusted annually, and that properties would be assessed at the current rate at the time of connection. Al Robinson, 8299 Fourth Avenue, asked about availability of utilities for the property south of Main and east of Lake Drive. Mr. Ahrens explained that the closest available sewer would be at the 79th Street alignment on the east side. Mr. Robinson also asked if the capacity of the proposed lines would serve the entire quadrant of the City all the way to Pine Street, to which Mr. Ahrens responded in the affirmative. There being no further input, Council Member Bergeson moved to close the public hearing at 7:00 p.m. Council Member Lyden seconded the motion. 4 • COUNCIL MINUTES NOVEMBER 24, 1997 Council Member Kuether asked if the intention of this project is to include utility stubs over to the east side up Lake Drive as on the south side of 79th Street. Mr. Ahrens indicated that although stubbing is not proposed as part of this project, it can be accomplished if ordered by Council. Mayor Landers clarified that closure of the public hearing initiates the beginning of the 60 -day waiting period. Council Member Lyden asked that consideration be given during the waiting period to stubbing for the east side of Lake Drive. Council Member Kuether asked why the stubbing was not considered at the inception of this project. Mr. Ahrens stated that it was unclear at that time how Council would wish to consider service to that entire corridor, and that is not clear that 100% coverage is desirable. Motion carried unanimously. CONSIDERATION OF APPOINTING JEAN VIGER AS DEPUTY CLERK, DAN TESCH Mr. Tesch explained that the individual currently serving as the City's Deputy Clerk has modified her schedule to part-time. In the interest of properly serving the public, a full-time Deputy Clerk is desirable. Mr. Tesch recommended that Jean Viger be appointed in this capacity. Council Member Kuether moved to approve the appointment of Jean Viger as Deputy Clerk. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Minor Subdivision, Hardwood Creek Farm, 80th Street - Ms. Wyland explained that this request by Nancy Erickson, owner of Hardwood Creek Farm, is to split her 40 -acre parcel into two pieces. One piece would contain the existing stable/arena and the other would be a vacant 10 -acre parcel. Ms. Erickson has sold the farm and would like to retain ownership of the 10 acres, for which there are no immediate development plans. Ms. Wyland stated that the subject property is zoned R -BR (rural with a business reserve), and is indicated as Business Reserve on the Land Use Plan. The Zoning Ordinance provides for a 10 acre minimum lot size with 300 feet of frontage on an improved roadway. Both parcels of property will be 10 acres or more in size and both have 330 feet or more of frontage on 80th Street. Parcel A will be 332 feet wide and 1,314 feet deep, and Parcel B will be 1,018 feet wide and 1,314 feet deep. • Staff recommended approval of this minor subdivision with the condition that a $500 Park Dedication fee be collected for Parcel A prior to recording the subdivision, adding that the COUNCIL MINUTES NOVEMBER 24, 1997 Planning and Zoning Board had reviewed this item at its November 12, 1997 meeting and recommended approval on this basis. Council Member Kuether expressed approval of the proposed subdivision, but disagreed with the condition of collecting the $500 Park Dedication fee prior to issuance of the building permit. Ms. Wyland explained that there is no current procedure whereby collection of such a fee could take place at a later date, and that collection of this fee is customary at this juncture. Mayor Landers asked if the 10 -acre parcel is developable. Ms. Wyland explained that there is very little wetland at this site, with Hardwood Creek itself being the only undevelopable portion. Council Member Lyden moved to approve the Hardwood Creek Farm minor subdivision pursuant to the condition presented. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision, Ruth Andrews, 855 Ash Street - Ms. Wyland explained that Ruth Andrews is currently the owner of 58.76 acres of land at 855 Ash Street. This property is immediately adjacent to the Incarnation Cemetery, and contains an existing homestead with three accessory buildings. The 58.76 acres currently includes approximately 12 acres of upland, which is roughly 20% of the site. The property is zoned Rural, and indicated as such on the City's Land Use Map. Ms. Wyland stated that according to the City's Zoning Ordinance, Section 3, Subd. 3.B.2.b. "Within zoning districts with a minimum lot size requirement of ten (10) acres or more, up to eighty (80%) percent of the minimum lot area may be comprised of areas which are platted as street rights-of-way, is below the 100 year flood elevation, or lies within city watercourses, wetlands or waterbodies as defined by this ordinance." The applicant would like to subdivide the property as follows: Tract A would contain 2 acres with 1.52 acres of upland. The plan is to sell this property to Incarnation Cemetery, which is currently just under one acre in size. If the Board should approve this request, the cemetery would be required to request a conditional use permit from the Planning and Zoning Board for expansion of the cemetery. Tract B is proposed to be 11 acres in size with 4.83 acres of upland. This parcel meets the 20% upland requirement, and contains the existing homestead. The applicant has been advised that splitting off one acre with the homestead to provide an additional building site would probably not be recommended in this case. Tract C is 45.76 acres, with 5.66 acres being upland. The majority of the upland is located on a heavily -wooded knoll northwesterly of the existing home, and would require access via a driveway easement just westerly of the existing homestead. 6 • • • COUNCIL MINUTES NOVEMBER 24, 1997 Tracts B and C meet the minimum lot requirements for the Rural Zoning District; however, Tract C does not contain the 20% minimum upland. Tract A does not contain a minimum of 10 acres. Should the Planning and Zoning Board determine this minor subdivision to be justified, a variance pursuant to Section 3, Subd. 3.B.2.b. of the City's Zoning Ordinance would be required. On a typical 10 -acre parcel, 2 acres would be required to be upland. Ms. Wyland stated that the Planning and Zoning Board expressed its belief that the following variance criteria could be met: A. That the plight of the landowner is due to circumstances unique to her property not created by the landowner. B. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. C. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. D. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. E. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Ms. Wyland concluded the following recommendation with regard to this minor subdivision: 1. Consideration of the subdivision of Tract A be subject to Planning and Zoning Board and City Council approval of an amended conditional use permit to allow expansion of the existing Incarnation Cemetery. Should that expansion be denied, the two acres could be left with Tract B. 2. Should the Planning and Zoning Board determine the minor subdivision to be appropriate, Tract B and Tract C be subdivided with a variance to allow the upland area of Tract C to be less than 20% of the total 45.76 acres (two acres would be the typical upland requirement on a 10 -acre parcel). 3. An easement agreement be drafted that would allow access to Tract C from tract B, subject to review and approval by the City Attorney. 4. A $500 park dedication fee be collected for Tract C prior to recording of the subdivision with the County. 5. Permits be obtained from Rice Creek Watershed District requiring easements over all wetland areas. 6. The City Engineer and Fire Chief shall review and approve the driveway plan. Council Member Kuether asked why a $500 Park Dedication fee is not being requested for proposed Parcel A. Ms. Wyland explained that Parcel A includes the cemetery, which is not subject to such a use fee. COUNCIL MINUTES NOVEMBER 24, 1997 Council Member Kuether expressed the concern that Council should not consider this request until the December Planning and Zoning Board and City Council meetings. Council Member Lyden requested clarification of the wetlands impact with respect to the proposed driveway. Ms. Wyland stated that such impact would be minimal. The proposal is for 3,400 square feet of wetland fill, and that Rice Creek Watershed will have to approve this aspect of the proposal. Mr. Ahrens explained that wetland fill of up to 5,000 square feet is permitted. Council Member Lyden also asked about impact of the proposed driveway on development of the buildable property located to its north. Ms. Wyland stated that the property to the north of the proposed driveway is owned by another party, and that access is available from Holly Drive. She added that it may be more appropriate for access to come from Holly Drive in the event that that property is developed. Mayor Landers asked if there should be County approval of the proposed driveway. Ms. Wyland explained that any access would require a County permit. Mayor Landers agreed with Council Member Kuether that Council approval of this project should follow approval by the Planning and Zoning Board. Ms. Wyland explained that the Planning and Zoning Board had substantially approved the project with the sole exception of the portion intended for expansion of the cemetery. Mayor Landers asked if delay in action by Council would pose a hardship to the project. Ms. Kathy Rickert, broker for Home Realty, spoke on behalf of both buyers and sellers. Ms. Rickert provided pictures of the proposed development of this property, stating that they best fit this unique property. She stated that the planned development would include two houses, and pointed out specifically the proposed driveway. Council Member Lyden repeated Mayor Landers' question regarding hardship to the project in the event Council should determine that it should not act on this request until the Planning and Zoning Board has given final approval. Ms. Rickert indicated that delay by Council would pose a hardship, as pending approval by the Rice Creek Watershed District (scheduled to take place on November 25, 1997) the project can go forward immediately. Council Member Bergeson requested clarification from Ms. Wyland as to precisely what portion of the proposed project had not been recommended for approval by the Planning and Zoning Board. Ms. Wyland confirmed that the two acres which were proposed for addition to the cemetery is the only portion of the proposal that had not been finalized. She added that, in the event the Planning and Zoning Board did not approve expansion of the cemetery, the two acres in question would simply revert to the parcel designated as "Parcel A". Council Member Bergeson indicated that requirements such as those that might be required to expand the cemetery, as proposed, normally relate to property use including buildings and other types of development, and that he could see no reason why the remainder of the project should not go 8 • COUNCIL MINUTES NOVEMBER 24, 1997 forward pending that determination as there should be no problem with approval of the cemetery expansion. Council Member Bergeson moved to approve the minor subdivision requested by Ruth Andrews for 855 Ash Street, pursuant to the conditions presented. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of an Amended Conditional Use Permit, Pat -a -Cake Childcare, 7761 Lake Drive - Ms. Wyland explained that Ms. Patty Beecher is the owner and operator of the Pat -a - Cake Daycare currently located at 7761 Lake Drive, just north of the Centennial Fire Department. Ms. Beecher has operated this center for approximately three years. Prior to that time, she operated out of her home. Since at least 1989, a daycare center has been located in this building. At this time Ms. Beecher wishes to expand her facility to accommodate a total of 75 children. Currently Ms. Beecher is licensed by the State of Minnesota for 48 children. The site of this daycare center is within the City's Neighborhood Business District and, according to the requirements of the existing Ordinance, a day care is permitted with a conditional use permit. Ms. Beecher will be purchasing the entire building in December and expanding the existing center to a total of 4,200 square feet. The Building Inspector and Fire Chief are aware of the proposed expansion and will be inspecting the site for compliance. The applicant has also been in touch with the Minnesota Department of Human Services to apply for an amended license to allow for the increase to 75 children. Ms. Wyland added that utilities are proposed for extension north on Lake Drive in the Spring of 1998. Ms. Beecher has indicated a willingness to connect to those utilities at that time. The facility is presently serviced by a mound septic system, which will then be removed and the play area moved to the rear of the site. There are 41 parking spaces provided on this site. This reconfiguration will allow for an expansion of the current parking area to allow for the 37 spaces required for the various uses in the building. Ms. Wyland concluded that Staff recommended approval of this amended conditional use permit with the following conditions: 1. An amended license for the expanded use is received from the Minnesota Department of Human Services. 2. Permits are obtained, as required, from the Building Department for any remodeling and change in signage. 3. The Fire Chief shall inspect the sight for compliance. COUNCIL MINUTES NOVEMBER 24, 1997 Mr. Tesch pointed out that at a recent Staff meeting the Fire Chief expressed concerns. Ms. Wyland explained that the concerns were regarding a sprinkler system for the facility, and that the Fire Chief had supplied her with his requirements which are proposed to be met by the applicant. Mayor Landers asked about the staff requirements for the increased number of children. Patty Beecher, proprietor of Pat -a -Cake Childcare, addressed Council, explaining that the staff ratio depends upon the age group. For infants, there is a 1-4 ratio; toddlers, 1-7; preschoolers, 1- 10; school age, 1-15. There is presently a total of 11 employees, and there will be approximately 16 following the expansion. Council Member Neal asked about security measures. Ms. Beecher indicated that the children are always attended, and that a mechanical security system which will prohibit unauthorized entrance to the building is included in the expansion plans. Council Member Neal moved to approve the amended conditional use permit for Pat -a -Cake Childcare, pursuant to the conditions presented. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Site Plan Review, Lino Lakes Bank, 7449 Village Drive - Ms. Wyland stated that Mr. John Milbauer, on behalf of Lino Lakes Bank, has submitted a request to construct a 3,248 -square -foot bank on a one -acre parcel of land within the Town Center "Village", located south of I -35W and east of Lake Drive. The subject site is zoned LB, Limited Business, which lists banks as permitted use. Because this project is located within the Town Center, there will be an architectural review that is required of the proposed bank building. Ms. Wyland explained that the Town Center design guidelines include specific building material requirements considered to be applicable to the proposed bank. The guidelines state that the exterior wall surfaces should be authentic, long-term/low-maintenance materials (i.e., brick, stucco, cedar shakes, clapboard siding). Additionally, the guidelines suggest natural material colors, and that brick patterns favor terra cotta (dark) and uniform field patterns. According to the submitted building elevations, the proposed bank is to be finished in face brick (veneer) with stone coping and window sills. A stucco finish has been proposed for the drive- through canopy wall elements and the structure's cupola. The roof is to be finished in pre - finished standing seam metal (specific brick, stone and roof colors have not been indicated). As a condition of site and building plan approval, a determination should be made by the Town Center Architectural Review Committee that applicable building material standards have been satisfied. With respect to building facades, the Town Center design guidelines call for a minimum of 50 percent extension of the property frontage. Where this is not possible, the balance must be made up through the use of walls integrated with the facility design. While the bank's facade clearly exceeds 50 percent of the subject property's frontage along Town Center parkway, some 10 • • • COUNCIL MINUTES NOVEMBER 24, 1997 question exists as to whether the intent of this requirement has been satisfied along the site's Village Drive frontage. Specific questions exist as to whether the bank's wrought iron fence (with brick piers) fulfills the intent of the guidelines. This issue should be subject to further comment by the Town Center Architectural Review Committee. According to the Zoning Ordinance, banks and financial institutions must provide four off-street parking spaces for each 1,000 square feet of floor area. A total of 12 spaces are required for the proposed bank. With an off-street parking supply of 28 stalls, applicable off-street parking standards have been met. Appropriately, off-street parking stalls designated for handicapped use have been provided. The site is to be accessed via a shared driveway from Village Drive. The proposed site circulation appears well conceived and provides ample stacking space for drive-through customers. Screening has been adequately planned for trash handling activities, which will be located in the northwest area of the site. As a condition of approval, lighting must be approved by the City's CPTED officer, and grading and drainage must be reviewed and approved by the City Engineer. Staff recommended approval of the Lino Lakes Bank site and building plans subject to the following conditions: 1. The City approves variances from the minimum 30 -foot yard setback applied to principal buildings in LB zoning districts, as well as the minimum 15 -foot parking lot setback. 2. The submitted landscape plan is subject to review and approval by the Town Center Architectural Review Committee, City Forester, and CPTED Officer. 3. Site and building plans are subject to review and approval by the Town Center Architectural Review Committee, including a determination that the minimum 50 percent facade guideline has been satisfied. 4. Consideration is given to providing a vehicular bypass opportunity for drive-through bank teller users. Such provision may be accommodated via a designated "ATM" lane or involve the reservation of an unattended teller as a bypass lane. 5. The site plan is revised to illustrate a designated off-street loading space. 6. Exterior lighting is arranged to reflect light away from adjoining properties. Pursuant to the Town Center Design Guidelines, light fixtures should give due attention to both function and aesthetics. 7. A detailed sign plan is submitted subject to City approval. 8. A grading and drainage plan is submitted subject to review and approval by the City Engineer. Council Member Bergeson asked about the building levels represented in the drawings provided to Council. Mr. Milbauer explained that the proposed building has a full-size basement, and that the elevators and stairways lead from the ground floor to the basement. COUNCIL MINUTES NOVEMBER 24, 1997 Council Member Bergeson also asked about the entrance access, which is proposed to be shared with the clinic. Ms. Wyland confirmed that the driveway in question will be private and not subject to City responsibility. Council Member Kuether asked about review by additional Staff. Ms. Wyland explained that at the time final building plans are issued all appropriate Staff will review the entire package. Council Member Lyden asked how stringent the aesthetic requirements are with respect to building materials. Ms. Wyland stated that the entire plan remains subject to review by the Architectural Review Committee. Mary Alice Devine added that the plan thus far has been thoroughly reviewed by the Architectural Review Committee, and that the applicant is complying with all suggestions. Mayor Landers asked about the roof design. Ms. Devine indicated that the bank will have a similar roof design to other buildings within the complex. Council Member Kuether moved to approve the site plan review for Lino Lakes Bank, pursuant to the conditions presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of a Site Plan Review, Lino Lakes Temporary Bank, Village Drive - Ms. Wyland explained that permission is being requested to locate a temporary bank building across Village Drive from the proposed permanent location on City -owned property. This temporary location will facilitate start-up of the bank while the permanent building is under construction. This practice is common in the banking business. Ms. Wyland stated that utilities are available to serve the temporary structure, which is a 56' x 23' modular building provided by G.E. Capital, and G.E. has been made aware of previous problems with the Forest Lake School District. Mr. Milbauer has been assured that the temporary building will meet all applicable building code requirements. The temporary building is proposed for installation by January with construction on the permanent structure anticipated to begin in December. The modular building should be removed by July of 1998. Subject to City Engineer approval, parking will be available on a temporary surface adjacent to the temporary building. There is currently a large stockpile of dirt on the site of the temporary building. A portion of this stockpile may be moved to provide room for the temporary building and parking area. No landscaping will be required due to the temporary nature of this project, and the site will be serviced by City utilities. Ms. Wyland indicated that Staff recommended approval of this site plan review with the following conditions: 1. Proper building permits be obtained and the modular unit be required to meet all State Building Code requirements. 12 • COUNCIL MINUTES NOVEMBER 24, 1997 2. Exterior lighting be subject to the review and approval of the CPTED Officer for both security and aesthetics. 3. Grading, drainage, and location of the structure shall be subject to the review and approval of the City Engineer based on utility and curb cut location. 4. Parking lot surfacing shall be subject to approval by the City Engineer. 5. No landscaping shall be required. 6. Signage shall conform to the City's Sign Ordinance and proper permits obtained. 7. That a lease agreement be drafted by the City Attorney covering the location of the temporary building and calling for its removal and site improvements returned to their pre -construction state by September 1, 1998. A bond or letter of credit shall be deposited with the City to ensure removal of the structure and any other temporary improvements on the site. Cost of this security shall be determined by the City Engineer. 8. The applicant shall provide a certificate of insurance as approved by the City Attorney to protect the City from any damages due to the fact that the temporary building will be located on City property. Council Member Kuether asked how long it is anticipated that the bank will be in the temporary facility. Ms. Wyland explained that the applicant hopes to take occupancy of the temporary building in January, and anticipates taking occupancy of the permanent location by July. Mayor Landers asked about installation of a sprinkler system within the temporary building. Ms. Wyland stated that the requirement is for a sprinkler system in a building of 5,000 square feet or more. Therefore, this building is not subject to that requirement. Council Member Lyden asked about removal of a parking lot surface. Ms. Wyland responded that any surface would be removed. Council Member Bergeson asked about fire hydrants at the temporary location. Mr. Ahrens indicated that there are hydrants in the area, specifically noting one at the intersection of the entrance road and Village Drive as well as near the clinic. Council Member Bergeson moved to approve the site plan review for the Lino Lakes Temporary Bank, pursuant to the conditions presented. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Site Plan Review, Bruce Hanson, Surfside Seaplane Base, 6980 Lake Drive - Ms. Wyland provided the following background for this item: Mr. Hanson of Surfside Seaplane Base is asking for a site plan review to allow for the construction of two additional hangers on his property at 6980 Lake Drive. This particular site has experienced various zoning classifications over the years from commercial to resididential and back to commercial. The present zoning classification is R-1 Single Family. The Conceptual Land Use Plan for Planning District 2 has identified this area as a private airfield surrounded by a performance zoning district. The intent of the performance zoning district was to provide for uses that would be 13 COUNCIL MINUTES NOVEMBER 24, 1997 compatible with the existing airfield which has been in this location for more than 40 years. Staff determined that the proper channel for review of this item is the Site Plan Review procedure. The Zoning Ordinance provides that any use, other than single family, requires a site plan review. The Ordinance also limits exterior storage in both the residential and commercial zoning districts. The construction of two airplane hangers on this site will reduce the existing exterior storage which is currently considered a preexisting nonconforming use of the site. Mr. Hanson's plan is to construct the larger hanger as soon as possible and the smaller hanger in the Spring. The hangers are constructed of architectural steel with concrete floors. The exterior will be vinyl or metal siding to match or blend with the color of the existing storage buildings. The larger building is proposed to be 4,800 square feet (60 x 80), while the smaller building will be 3,600 square feet (60 x 60). Both buildings will be located 30 feet from the rear property line and approximately 15 feet apart. These setbacks are within the requirements of the Ordinance, which provides for a 5 -foot setback. Staff reviewed this request at its November 12, 1997 meeting, and recommended approval of this site plan review in order to reduce the existing exterior storage on the site, pursuant to the following conditions: 1. Proper building permits are obtained prior to construction. III 2. Any additional exterior lighting proposed shall require a detailed lighting plan reviewed by City Staff and the CPTED Officer. 3. No additional exterior storage is allowed. The intent of the hanger is to reduce existing exterior storage on the site. 4. Exterior coloring of the proposed buildings shall blend with the existing structures. 5. Construction of the second hanger shall be initiated within one year of the date of this permit. 6. Drainage plans shall be reviewed by the City Engineer. 7. Permits shall be obtained from the RCWD if required. Kim Sullivan, 7132 Whippoorwill Lane, expressed her support for the proposed project, first because it would improve the aesthetics of the area, second because it improves the environmental safety in the area, and because this specific requirement restricts outdoor storage. Ms. Sullivan noted that approval of the performance zoning relates to compatibility with a neighborhood, not just an individual property. Mayor Landers asked if Mr. Hanson could estimate how many planes would remain in outdoor storage after the installation of the new hangers. Mr. Hanson stated that the number would vary, depending upon the time of year. Under no circumstances could he get all of the planes indoors; but during the winter months there are approximately 15 to 20 planes outdoors, while in the 14 • • • COUNCIL MINUTES NOVEMBER 24, 1997 summer months there are considerably more. The new hangers should accommodate most of the planes currently at the air base. Council Member Neal moved to approve the site plan review for Surfside Seaplane Base, pursuant to the conditions presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Final Plat, Pheasant Hills Preserve, 8th Addition - Ms. Wyland explained that this request is for final plat for the Pheasant Hills Preserve 8th Addition. The preliminary plat for Pheasant Hills Preserve was approved in the early 1990s. This phase represents the platting of 16 lots. The property is zoned R -1X, Single Family Executive, is located within the MUSA, and is indicated as residential on the City's Land Use Plan. A development agreement and financial guarantees are in place to cover the construction of utilities to serve this phase. The roadway and utility construction are complete with the exception of bituminous, curb, and gutter which are to be completed in the Spring. Staff recommended approval of this final plat subject to review by the Anoka County Surveyor. Council Member Lyden requested clarification as to MUSA designation. Ms. Wyland explained that the area was not originally in MUSA, and during this past year 9.7 acres were designated from the MUSA bank. Mayor Landers asked what remains in terms of phases of this development. The response was that there are seven remaining phases. Council Member Neal moved to approve the Final Plat for Pheasant Hills 8th Addition. Council Member Kuether seconded the motion. Motion carried, with Council Member Lyden voting no. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 167, Order Improvement and Preparation of Plans & Specifications, Town Center Parkway - Mr. Ahrens explained that Staff is requesting Council approval to order the preparation of plans and specifications for Town Center Parkway. The proposed project includes extending Town Center Parkway by constructing street, sanitary sewer, and water main from its current terminus at Village Drive to the public facilities complex. Mr. Ahrens indicated that special assessments are not planned to be used to fund this project. Therefore, a feasibility report and public hearing are not necessary. It is estimated that the project will cost approximately $200,000. The proposed schedule for the project is as follows: Order Project Council Approves Plans Bid Opening 15 November 24, 1997 January 26, 1998 February 19, 1998 COUNCIL MINUTES NOVEMBER 24, 1997 Council Awards Bid Construction Begins Substantial Completion February 23, 1998 May, 1998 July, 1998 Council Member Lyden expressed concern that the parkway is diminished considerably from the original concept. Mr. Ahrens indicated that Council Member Lyden comments will be passed along to Dennis Rebner and Brian Wessel, in addition to having already relayed this information to Ms. Devine. Mr. Ahrens added that his design will reflect any recommended changes. Council Member Kuether moved to adopt Resolution No. 97 - 167, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 167 can be found at the end of these minutes. Consideration of Resolution No. 97 - 168, Receive Feasibility Report, Lilac Street Trunk Utility Project - Mr. Ahrens stated that the City of Lino Lakes received a petition from Mr. Gary Udhe, the developer of the proposed additions to the Behm's Century Farm subdivision to provide public utilities. City Staff directed OSM & Associates to prepare a feasibility report on the installation of trunk sanitary sewer and water main improvements along Lilac Street and into proposed Behm's Century Farm 4th, 5th and 6th Additions. A lift station is proposed toward the north end of the project area which would provide sewer service north of this location. OSM & Associates has completed the feasibility report which includes an estimate of probable construction costs and preliminary assessment rolls. It is anticipated that the developer will petition the City to waive the public hearing for this project. Mr. Ahrens stated that the requested action at this time is for Council to accept the feasibility report. Mr. Ahrens explained that estimated project costs are $626,430 plus a 10% contingency and 30% legal, engineering and administrative costs, for a total $895,795. Financing is proposed to be by special assessments to the developer. Mr. Uhde would be responsible for 100% of the lateral cost of this project. The total amount of the funding would be approximately $600,000. The approximate amount of funding which would be provided by the City is $300,000. This City funding would come from the City's Area and Unit Fund. The project schedule is proposed as follows: Order Improvements Approve Plans & Specifications Accept Bids Begin Construction Substantial Completion December 8, 1997 January 26, 1998 February, 1998 April, 1998 June, 1998 Council Member Bergeson asked if lift stations are engineered into a project with an eye toward future development in order to avoid installation on a piecemeal basis. Mr. Ahrens explained that the ultimate service area from this project was determined by the feasibility investigation, 16 • • COUNCIL MINUTES NOVEMBER 24, 1997 and will accommodate future development with controls set at present to accommodate the current need. Mayor Landers asked about MUSA designation. Mr. Ahrens explained that the request for MUSA designation for this property was approved by Council this past summer for the ultimate development of Behm's Century Farm. Council Member Bergeson moved to adopt Resolution No. 97 - 168, as presented. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden voting no. Resolution No. 97 - 168 can be found at the end of these minutes. OLD BUSINESS Attorney's Report - City Attorney Hawkins stated that approximately one month ago Council authorized Mr. Wessel to negotiate with James Funkhauser for the purchase of his property adjacent to the property previously purchased from the Rehbeins. Mr. Wessel negotiated an agreement in principal with Mr. Funkhauser, which was followed by the drafting of a formal purchase agreement for the subject land, which is east of the Rehbein property. The price reflected in this draft agreement is $1.75 per foot, which is the amount agreed to by Council as well as the amount paid to Mr. Rehbein. The total acquisition price if $515,435. A down payment will be made in the amount of $167,000, with the balance to be paid in monthly payments. Attorney Hawkins reminded Council that the purchase of this land is necessary for location of the new police facility, a driveway access, and potential future commercial development. He requested authorization of Council to approve the purchase agreement and to authorize the Mayor and City Clerk to execute this and any other necessary documents to consummate this transaction. Council Member Kuether asked about funding for the proposed monthly payments. Attorney Hawkins indicated that the terms of the agreement with Mr. Funkhauser differ from those negotiated with Mr. Rehbein, in that Mr. Funkhauser insisted to be paid monthly. However, he is not aware of the precise fund from which these payments will be made. Council Member Kuether asked the amount of the monthly payments. Attorney Hawkins indicated that the contract provides for a five-year payout term with monthly payments of $2,317 at 8% interest. Council Member Lyden moved to authorize approval of the purchase agreement and to authorize the Mayor and City Clerk to execute this and any other necessary documents required to consummate this transaction. Council Member Neal seconded the motion. Motion carried, with Council Member Kuether voting no. NEW BUSINESS 17 COUNCIL MINUTES NOVEMBER 24, 1997 1998 Budget - Council Member Lyden requested that the 1998 be approved with exception that use of reserves be eliminated and that the budget be amended by the new Council if it so desires. Mayor Landers pointed out that the final budget has not been approved, and will not be until December 4, 1997. Council Member Lyden stated that at its last work session Council directed that approximately $100,000 be slashed from the budget. Council Member Kuether disagreed. Council Member Bergeson explained that the recommended budget showed a deficit. Expenditures exceeded income by $79,000. The recommendation of Council members present at the budget work session was that the year not be started with a budget deficit, and that Staff come back with a balanced proposed budget. Additionally, two errors were discovered which, when corrected, represented an additional deficit of $10,000, making the total amount required to balance the proposed budget $89,000. Council Member Bergeson also stated that the members of the budget session determined the building permit revenue figure to be high, and recommended a reduction. An addition of $100,000 to the suggested contingency was also recommended, in order to accommodate potential personnel changes. Finally, the amount of money to be put into certificates for financing of City equipment was considered to be about twice as much as necessary; and, although this amount would not effect the 1998 budget, it was felt that the proposed amount would place an undue burden on future budgets. Staff was asked to come back with the entire list of approximately 250 items, presenting them in order of priority so that a reasonable amount can be determined. Council Member Bergeson added that all of these suggestions are subject to additional discussion. Council Member Kuether added that reconstruction on Black Duck Road was at issue. Council Member Bergeson added that Staff was asked to provide the amount of payment that would have to come from City funds for road improvements approved in the recent election, as well as the amount of the payment for the new City Hall and Police Department. He added that none of the payment for the City Hall and Police Department would come from City funds, but the road reconstruction figure remains to be finalized. Council Member Lyden indicated that any recommendation with respect to personnel changes is premature. He added that the issue of revenue from building permits should be discussed further. Kim Sullivan addressed Council, expressing her concerns with regard to the budget. She referred to a $400,000 tax break, stating that taxes cannot be cut to that extent without a complete and unacceptable loss. Council Members Kuether and Bergeson stated that there was no such tax cut. Council Member Bergeson indicated that there was a balancing of the budget and reallocation of expenditures, no tax cut. 18 COUNCIL MINUTES NOVEMBER 24, 1997 • Council Member Kuether indicated that there was discussion regarding last year's budget being $4.5 million, and this year's budget being $4.5 million plus 3%, or $4.7 million. Council Member Bergeson added that $4.5 million was suggested as an expenditure limit, but was not the ultimate figure agreed upon. Ms. Sullivan stated that if a $400,000 cut is considered, she did not feel that was appropriate. She added her support for removal of the $79,000 deficit, her indifference with regard to the building permit revenue figure, and that discretionary funding is an "overblown" figure. Ms. Sullivan indicated desire for further discussion of these issues, concluding that she objects to funding going into another area to the detriment of an area such as the environmental survey. Ms. Sullivan directed Council to ensure that the environmental survey remain in the budget, as it is critical to the City's Comprehensive Plan process. Council Member Bergeson pointed out that in terms of individual line items such as the environmental survey no recommendations were made by the group at the budget work session. ADJOURN Council Member Lyden moved to adjourn at 8:32 p.m. Council Member Kuether seconded the motion. Motion carried unanimously. • These minutes were considered and approved at the regular Council Meeting, December 8, 1997. liCuLji`-`tj Marilyn Anderson, Clerk -Treasurer Jo lKn L. Landers, Mayor T Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-167 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS - TOWN CENTER PARKWAY WHEREAS, it is proposed to improve Town Center Parkway from Village Drive to the proposed Public Facilities Area by constructing street, curb and gutter, storm sewer, sanitary sewer and watermain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. OSM, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 24th day o ovember, 1997. -"IY) CAILto 644-1-1A erYL Marilyn G. Anderson, Clerk -Treasurer L. Landers, Mayor 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 duly passed and adopted. • • • • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 168 RESOLUTION RECEIVING FEASIBILITY REPORT ON IMPROVEMENTS ASSOCIATED WITH THE LILAC STREET TRUNK UTILITY EXTENSIONS WHEREAS, pursuant to direction by City Staff, a report has been prepared by Orr- Scheien-Mayeron & Associates, Inc. with reference to the Trunk Utility Improvements along Lilac Street and into proposed Behm's Century Farm 4th, 5th & 6th Additions, improvements will consist of trunk water main and sanitary sewer, and this report was received by the council on November 24, 1997, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible_ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES MINNESOTA: The council will consider the improvement of such trunk utility in accordance with the report and the assessment of abutting property and all portions of proposed Behm's Century Farm 4th, 5th & 6th Additions for all or a portion of the cost for the improvement pursuant to Minnesota Statutes, Chapter 429 and the Lino Lakes City Charter_ Adopted by the council this 24th day of November 1997. John L. Landers, Mayor 41 Marilyn G. Anderson, Clerk -Treasurer 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, Neal, Landers. The following voted against same: council Member Lyden. Whereupon said resolution was duly passed and adopted.