Loading...
HomeMy WebLinkAbout12/16/1996 Council MinutesCOUNCIL MINUTES DECEMBER 16, 1996 • CITY OF LINO LAKES MINUTES DATE : December 16, 1996 TIME STARTED : 6:30 P.M. TIME ENDED : 9:54 P.M. MEMBERS PRESENT : Bergeson, Landers, Neal and Lyden MEMBERS ABSENT : Kuether Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; City Engineer, David Ahrens; Consulting Planner, Alan Brixius; Planning Coordinator, Mary Kay Wyland; Consulting Engineer, John Powell; and Clerk -Treasurer, Marilyn Anderson. SETTING THE AGENDA Council Member Neal added two (2) items under New Business: Stop signs for Highway 49/I -35W, and snow plowing. Also under New Business Council Member Lyden added communications/disseminating information. Mr. Schumacher added Supplemental Disbursement to the consent agenda. The agenda was approved as amended. CONSENT AGENDA Council Member Neal moved to approve the consent agenda. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES, December 2, 1996 Approved DISBURSEMENTS: December 16, 1996 Approved Disbursement to Leonard, Street and Deinard Approved Supplemental Disbursement Approved OPEN MIKE No one appeared under open mike. • COUNCIL MINUTES DECEMBER 16, 1996 PUBLIC HEARING, 6:30 P.M., OTTER LAKE ROAD IMPROVEMENT, DAVID AHRENS Mr. Ahrens explained that on November 25, 1996, the City Council accepted a feasibility report and called a public hearing on December 16, 1996 for the Otter Lake Service Road Street and Utilities Project. The proposed project will provide sanitary sewer and watermain service and streets to the properties at the southeast quadrant of the I -35E and Main Street (Highway 14) interchange. The proper notices have been mailed and published notifying property owners of the public hearing pursuant to State Statutes. In a separate agenda item under the City Engineer's report, the City Council will be asked to consider ordering the project and preparation of plans and specifications. Mr. Ahrens provided the following background for this item: Using the overhead projector, he indicated the location of this project, explaining that the existing Otter Lake Road will be realigned next Spring to better serve the properties in Clearwater Creek by routing the roadway through the middle of the development area. The realignment would improve safety on Main Street by eliminating the Main Street/Otter Lake Road intersection that is in close proximity to the Main Street/I-35E ramp. The Otter Lake Road realignment project is a joint venture between Anoka County and the City, and will be completed in 1997. Proposed Improvements Improvements include sanitary sewer and watermain. Mr. Ahrens explained that there are additional components to this project, such as the installation of regional ponding and wetland mitigation so property owners will not have to use buildable or otherwise usable land for ponds. Mr. Powell presented the updated feasibility report for this project. Since the original feasibility report was given to the City Council, he and Mr. Ahrens reconsidered traffic generation assumptions and their effect on the proposed roadway design. They concluded that the proposed pavement section should be reduced. The revised feasibility report reflects this change in design. Mr. Powell then presented the estimated construction costs and the estimated assessments, as well as the proposed project schedule. Mr. Wessel commented from an economic development standpoint. The City Council has placed a priority on economic development, and has focused on this area for the past 1-1/2 years. The subject area has been aggressively marketed, and commitment for light industrial activity has gained momentum. Landowners have requested road access and availability of utilities in order to enable development, and the Economic Development Department has worked diligently to respond to their requests. Mr. Wessel said that effective economic development is a partnership between the landowners and the City. He and Mr. Ahrens have met with all of the landowners and have developed a strong working relationship with the majority of them. Mr. Dick Schreier was a part of this process. Mr. Wessel explained that the new alignment of Otter Lake Road has always been a part of the overall plan. Staff has been able to obtain assistance from the County in opening up the Clearwater Creek area interior. 2 • • • COUNCIL MINUTES DECEMBER 16, 1996 Mr. Wessel added that Staff has worked with all of the landowners in this area to ensure maximum utilization of the land for both light industrial and commercial development. Issues such as roads, utilities, regional ponding, wetland mitigation, and reduction of the flood plane are all under way, and programs will be implemented. Mr. Schreier owns most of the land through which the proposed road will be constructed. When the road is completed, his land will have become the most valuable commercial area in the eastern portion of Lino Lakes. Mr. Wessel stated that a development plan for the small corner piece of property at the intersection of Otter Lake Road and Main Street is the driving force behind the realignment project. A convenience center/gas station and Culver's restaurant are proposed for that corner, and they wish to begin construction in the summer of 1997. Mr. Wessel concluded that both he and Mr. Schreier were available to answer questions. Council Member Lyden noted that this road issue is multi -faceted. He expressed concern that by reducing the paved area from 36 feet to 32 feet along with the proposed quality through sub -base issues, the adequacy of the road would be compromised. He asked Mr. Powell what action could be taken to ensure that the new road would be more than adequate. Mr. Powell responded that the road as proposed will be more than adequate. He explained that TKDA incorporated a more commercial/industrial type use with the BorMor and other similar businesses locating in this area. Following discussion with the City Engineer, it was determined that the City's marketing efforts were directed more toward convenience/retail development, having a significant impact on the type of vehicles which will use the roadway. Mr. Powell explained that a retail development would generate a much lighter type of vehicle use, while the heavy, multi -axle trucks that might be used in connection with industrial development would tend to cause damage to roadways. He stated that he feels a 32 -foot wide pavement is adequate, and that the assumed soil strength is consistent with that used by TKDA in areas similar to the subject area based upon information from Braun Engineering. Council Member Lyden asked about the life expectancy of the proposed road. Mr. Powell responded that the proposed road has a life expectancy of 20 years. Council Member Lyden then asked if there is any possible action the City could take at this time toextend this life expectancy beyond 20 years. Mr. Powell explained that a heavier road section could be installed; however, he suggested that there would then be diminishing returns. He added that if the road is monitored, at a critical time perhaps 15 years in the future an overlay could extend the life of the road. He also indicated that seal coating in accordance with a road management program could help in this regard. Council Member Lyden asked about trails along Clearwater Creek, and whether or not the proposed roadway is consistent with the planned trail system. Mr. Powell explained that his understanding of the trail system in this area is that it is focused on the ponding areas and along Clearwater Creek. The existing Otter Lake Road is a rural section where there is pavement, no curb, and road shoulders that drop off, which does not lend itself to an adjacent trail system. Such a trail system would require building up the shoulder to the level of the roadway and having the trail located too close to the road itself. Mr. Powell suggested that a trail corridor could be included in the grading of the service road. He added that he and the Parks Director continue to discuss this matter as the Clearwater Creek business area develops in order to make sure trails are incorporated, where appropriate, into the planning area. COUNCIL MINUTES DECEMBER 16, 1996 Council Member Bergeson noted that there is a wetland at the corner of Main Street and Otter Lake Road. Mr. Powell pointed out several wetlands in this area. He explained that the alignment plan for the new road was based in part on design considerations, including the need to get a 300 -foot minimum depth on the lots to make them more developable. Also, the final plan for the roadway avoided an existing structure on the LaCasse homestead, as well as some wetlands. Mr. Powell explained that the City will be responsible for mitigating any impact on the wetlands as well as for obtaining a permit from the Rice Creek Watershed District. Council Member Bergeson asked why there is a jog in the road realignment near the existing corner. Mr. Powell explained that the new alignment coincides with the existing property line, and the jog is needed to avoid the existing structure as well as to obtain more front footage on the lots that abut Main Street. These lots will be the most marketable from a development standpoint. Council Member Bergeson noted that the sewer and water trunk lines will be going up the new Otter Lake Road, and asked if the trunk lines will go all the way to Main Street. Mr. Powell responded that they will. Council Member Bergeson then asked how the lot at the present corner of Main Street and Otter Lake Road will be assessed, in light of the fact that utilities will be available from two directions. Mr. Powell explained the assessment policy for this type of situation. Council Member Bergeson asked if sewer and water utilities are planned for the old Otter Lake Road. Mr. Powell explained that they were considered as part of the feasibility study. However, the focus was on Phelps Road and the existing Otter Lake Road, and how to best extend sanitary sewer to this area. Mr. Powell referred to three locations of stubs, and explained that the area could be serviced from any one of them. He stated that any extension along the existing Otter Lake Road would require reconstruction of the roadway, and that the most economical way to serve this area would be through stubs that are located at the intersection of Phelps Road if it is extended to the east to the new realigned Otter Lake Road. Council Member Neal asked what direction the new convenience center would face. Mr. Powell said that it would probably face the north, or Main Street, with the structure located in the southeast corner of the lot. Council Member Neal asked if Anoka County has given its permission to realign Otter Lake Road. Mr. Powell said that there have been discussions with Jon Olson, Anoka County Engineer, for some time. He added that the County has reviewed this proposal, and has been firm regarding no access from Main Street. Mr. Ahrens explained that a draft Joint Powers Agreement has been prepared, but must be updated regarding driveway access. When the updated Agreement is completed, it will be forwarded to Mr. Olson at the Anoka County Highway Department. Mr. Ahrens explained that although the County has given a favorable response to the proposed realignment because it would eliminate the close proximity of the old Otter Lake Road to the I -35W off ramp, the Anoka County Board will have to approve the Joint Powers Agreement for the project to go forward. Council Member Neal expressed concern that the City might be "jumping the gun" by proceeding with plans to realign Otter Lake Road without the signed Joint Powers Agreement. Mr. Ahrens stated that the Joint Powers Agreement, which is a formality, addresses primarily the new realigned Otter Lake Road, which runs through the Clearwater Creek development area. This new road will be a County road, and the Joint Powers Agreement details the funding between the County and the City and also addresses driveways off of the new road. The County will pay approximately 90 to 95% of the cost of the new road. The road segment being discussed at this time is a City road, not directly involving the County. 4 • • COUNCIL MINUTES DECEMBER 16, 1996 Council Member Neal asked how much the landowners would have to pay for the new road. Mr. Powell explained the County's standard policy for cost sharing of proposed improvements. He stated that typically it will reimburse the City for a percentage of whatever qualifies as eligible for State aid. Curbs and gutters, for example, are shared on a 50/50 basis. Mr. Ahrens added that the estimated cost for the realignment is approximately $1,000,000, and the proposed assessments for the street are $250,000 for the entire project, involving seven different property owners. Mr. Powell explained that the City's financing policy for County and State aid roads would limit the assessability of those properties because County and State roads are constructed according to a much higher standard than a typical residential roadway. The cost to the property owners will be based on a typical residential assessment. Council Member Neal pressed for a figure as to each property owner's cost. Mr. Powell explained that a public hearing was held on this project and assessment costs were discussed at that time. Mr. Ahrens added that he has talked to Mr. Schreier about the assessment amounts. He stated that no objections were made to the proposed County road assessment. Mr. Ahrens reminded the group that at this time the subject of discussion is the construction of a service road from the most northernportion of the current Otter Lake Road to the new realigned Otter Lake Road. Council Member Lyden expressed concern about the safety of old Otter Lake Road as it meets Hwy. 14. Mr. Wessel explained that the matter of an agreement between the City and County has been concluded, and all that remains is the formality of signing the documents. The only question remaining open at this time is access off of Hwy. 14 from the freeway interchange to the new Otter Lake Road. The County would like to see limited if any access at that point, and the City is currently reviewing that matter. The Planning and Zoning Board is working through a prudent and responsible process with the County, and is responding to the wishes of the developer who would like to have the corner installation open by summer. Council Member Lyden expressed concern that by solving one safety issue another would be created. Mr. Wessel explained that Staff too is very concerned about the corner property, and is reviewing the plans very carefully. He added that the City Council will have an opportunity to address this concern when the project comes before it for action. Mayor Landers asked if the proposed service road will be a seven- or nine -ton road. Mr. Powell stated that the proposed roadway would be designed for nine -ton capacity; however, in reality, the capacity will be more in the neighborhood of ten -ton. Mayor Landers opened the public hearing at 7:13 p.m. Mr. John Daubney, the attorney representing Mr. Richard Scherier, stated that his client is strongly opposed to the project and the assessment which is designed to benefit one property owner at the corner of Otter Lake Road and Main Street. Mr. Daubney indicated no objection to the overall realignment project, but added that the service road currently being considered would benefit one property owner with Mr. Scherier being assessed the "lion's share" (approximately 90% of the cost) for a road he neither needs nor wants. Mr. Daubney stated that there are other ways to pay for the construction costs, such as use of State aid funds and/or County funds. He explained that according to Minnesota law a property cannot be assessed an amount greater than the amount of the economic benefit to the property; and, COUNCIL MINUTES DECEMBER 16, 1996 if this assessment is determined to be unlawful because of excessive costs, the City will have to return to the taxpayers and ask for the difference. According to Mr. Daubney, Mr. Scherier was consulted, and informed the City on numerous occasions that he should not be assessed so heavily; that the costs should be divided more equally with the landowner who will receive the most benefit from the improvements responsible for the "lion's share" of the cost. He reiterated that realigning the road is reasonable. Mr. Daubney stated that Mr. Scherier is expected to donate land for the right-of- way needed for the service road, and that he is unwilling to do so. He added that the City will be responsible for the cost of condemning and obtaining the right-of-way, and that it will not only have to pay for the square footage but will have to pay severance damage as well if a determination is made that property value is diminished by such action. Mr. Daubney claimed that the entire right-of-way for the new service road would be taken from Mr. Scherier, and that he is unwilling to make such a donation. Mr. Daubney added that the method of assessment (front footage basis) is the most inequitable method to use, and if the assessment is approved as proposed Mr. Scherier will file formal charges against the City. Mr. Scherier stated that he agreed to the overall concept of realignment of Otter Lake Road because the original proposal made no reference to access to Hwy. 14. The original proposal was quite attractive from his perspective. He stated that the cost of the service road was never discussed, and he complained that a County road is being relocated on a front footage cost basis estimated at $444 per lineal foot. Mr. Scherier was informed that there would be a forgiveness of 150 feet on his property that equals only 3% of the proposed total assessment. He stated that his assessment is proposed to be $128,481 for the realignment of Otter Lake Road along the east side of his property, with the assessment for the service road proposed at $253,600. The service road assessment includes purchase of the right-of-way from Mr. Scherier for approximately $1.00 per square foot, which would cost him a considerable portion of his property in order to pay for his costs. Mr. Scherier reiterated the main issue being access to Hwy. 14. He indicated that in previous conversations with Jon Olson of the Anoka County Highway Department, he was assured that there would be no access to Hwy. 14. It was Mr. Scherier's opinion that to realign the County road at the landowners' expense is not economically sound. Mr. Wessel indicated that this matter has been discussed for some time, and that he is aware of Mr. Scherier's concern about cost. He asked that the Chapter 429 process be clarified with Mr. Scherier. He stated that the access issue has not yet been resolved, and that the City needs to study it in more detail. Mr. Wessel stated that Staff has never suggested that Mr. Scherier donate the right-of-way. He also explained that certain assumptions regarding future development in the area dictated the location of the service road. He added that Otter Lake Road will not become a dead-end road; that it will function as it currently does until the service road is completed. Mr. Wessel expressed resentment toward Mr. Daubney's reference to the Economic Development Department making an agreement in favor of the developer of the Otter Lake Road/Main Street corner property. He said that the statement is simply untrue. Mr. Hawkins explained that the City is not accustomed to using State Statute 429 provisions with respect to improvement projects, and that they differ considerably from those outlined in the City Charter. The subject area was exempted from Charter regulation when the Charter was amended. Mr. Hawkins stated that customarily a public hearing is held and, upon its close, the City Council has six (6) months within which to decide whether or not a project 6 • • • COUNCIL MINUTES DECEMBER 16, 1996 will be ordered. However, under Chapter 429 provisions, no waiting period is required. If the City Council determines that the project is appropriate and time is of the essence, the project could be ordered immediately. Plans and specifications would be ordered, bids would be advertised and awarded, and the costs assessed to benefiting properties. Mr. Hawkins reminded the group that the City Engineer prepared a method for assessing the costs with respect to this project, keeping in mind that the market value of each benefited property must increase at least the amount of the assessment. This becomes an appraisal issue. Mr. Schumacher questioned prior reference to an unlawful process. Mr. Hawkins stated that the process is dictated by State Statute 429, adding that the public hearing being held this evening is part of that process. Mr. Schumacher also asked if the City is following its standard assessment policy, and whether or not the subject assessments are unusual. Mr. Ahrens responded that the process for this project is the standard adopted by the City, and that the numbers are typical of those for such improvements. Council Member Neal asked Mr. Powell if the proposed businesses could be constructed with the road going out to Main Street. Mr. Powell explained that currently there is no sanitary sewer or watermain service to that area, and that the proposed realigned Otter Lake Road would include those services. Council Member Neal asked why the subject property owners could not connect to services at Main Street. Mr. Powell explained that stubs have been provided along the realigned Otter Lake Road; however, the extension of these services will only provide lateral services to the area. Council Member Neal asked Mr. Scherier about his plans for development of his property. Mr. Scherier stated therein lies the problem. He is facing a $382,000 assessment which he must absorb until such time as a commercial user expresses interest in that site. He added that he currently has adequate access and utility service, reiterating Mr. Olson's statement that if the City gives access from Main Street to the corner lot it should also be given to Mr. Scherier. Mr. Wessel explained that part of the decision for the proposed realignment is need for the loop coming back around to service the old Otter Lake Road, making that connection, and giving access to the properties along that line. He added that this has been part of the plan since its inception, and that the City agreed to assume responsibility for the road realignment. Mr. Powell added that the plan assumes that the current access to Main Street from the old Otter Lake Road will be disconnected. Mr. Wessel stated that this is why Anoka County is agreeable to the proposed layout. It wants to see the current exit and entrance to old Otter Lake Road removed for safety reasons and the interchange moved to the east, as planned. Mr. Wessel added that the service road will have to be built fairly soon, as Anoka County plans to close off the old portion of Otter Lake Road and remove the intersection at Otter Lake Road and Main Street creating the need for the service road loop. Mr. Wessel also pointed out that the subject area would become the only commercial quadrant in the City set to be developed. Council Member Neal asked how much time Mr. Scherier would be given to pay the assessment. Mr. Ahrens explained that typically assessments are paid over 15 years at 2% over bonding rate. Pursuant to Mr. Powell's schedule, the assessment hearing would be held in October of 1997, at which time appeals from landowners could be heard. Following that hearing, the City would adopt the assessment rolls and the first payment would become due with property taxes payable in 1998. Mr. Scherier asked why the assessment for the service road is $222 per front foot when the assessment for the realigned Otter Lake Road is only $100 per front foot. Council Member Neal echoed Mr. Scherier's question. Mr. Powell explained that the Otter Lake Road COUNCIL MINUTES DECEMBER 16, 1996 assessment is based on a limit for County roadways. The service road is a City roadway, and that assessment policy would not apply. Council Member Neal stated a County Commissioner with whom he had spoken earlier indicated that she had no knowledge of the proposed service road. Mr. Wessel explained that discussions thus far have been between City and County Staff only. As is customary, when the matter goes before the County Board that body will be updated regarding all aspects of the project. Mayor Landers clarified that until the road realignment is completed the existing Otter Lake Road will be a County road. It will be turned back to the City when the new road opens. Mr. Powell agreed. Mr. Powell stated that the assessment, typically held in October, can take place immediately upon completion of final design. Appeals could be addressed at that time, as well as any concerns of the City Council. Mayor Landers stated that he feels the City has no other choice than to follow Staffs proposed plan for this project, as closing the northernmost section of old Otter Lake Road and the intersection at Main Street and constructing the service road represent a significant safety improvement; and, installing the sewer and water utility lines would better utilize the trunk utilities for the entire area. Council Member Lyden stated that he has no objection to the realignment of Otter Lake Road or installation of the proposed utilities, and that he is very much in favor of economic development both for the City and this quadrant specifically. However, he stated that there is a difference between a philosophical belief or concept and a specific plan. He expressed reservations about the specific plan dealing alignment "A". Mr. Daubney corrected the earlier statement by Mr. Wessel regarding an implication that the Economic Development Department had entered into a deal of some type with the developer of the corner property. Mr. Daubney indicated that he said this was a good deal for the property owner at the corner and a bad deal for Mr. Scherier. Mr. Daubney then reiterated if this plan is adopted by the City Council Mr. Scherier must assume $382,000 in combined assessments, which seems excessive since Mr. Scherier has no plans for development of his property. Mr. Daubney added that the service road could have adverse effects upon future development of Mr. Scherier's property. Mr. Daubney stated that the amount of the combined assessments represents more than Mr. Scherier has invested in the property, and that there is no guarantee that Mr. Scherier can sell his property for a compensatory price. Mr. Scherier stated that ideally he would have a buyer for some of the frontage along Main Street, in which case he would have no concern about adding the service road according to the nature of the development. However, in Mr. Scherier's opinion, once the service road is completed the distance between Main Street and the service road will either be too little or too large. The concept of donation of the right-of-way came about as a possible means of reducing his assessment. This would pose a direct benefit to the corner property, because one-half of the service roadway does not come from the corner site as it would make the site too small. Mr. Scherier feels that the size of the site is not his problem. He concluded by stating that he wants to cooperate with the City, but feels that its time to deal with the issues that he has presented. Mr. Daubney and Mr. Scherier thanked the City Council for its time. 8 • • • COUNCIL MINUTES DECEMBER 16, 1996 Council Member Bergeson stated his feeling that cutting off the north end of the old Otter Lake Road is imminent. Remaining to be decided is what will be the fate of the old road -- will it become a dead end, or loop around to the new Otter Lake road. He added that he is not in favor of a dead end situation; the loop is necessary. However, in light of the need for a 4/5ths vote of the Council to pass this issue, with a member absent there is a good chance that it cannot be decided at this time. Mayor Landers suggested that the first decision should be with respect to the public hearing. Council Member Bergeson moved to close the public hearing at 7:41 p.m. Council Member Lyden seconded the motion. Council Member Neal indicated that he still has serious questions, such as where the "loop" will be located, who will own the land, and who owns the park-and-ride lot. Mr. Powell explained that the park-and-ride lot is on State property, and that it will probably remain State right-of-way. Motion carried unanimously. CONSIDERATION OF EMERGENCY ORDINANCE NO. 10 - 96 PLACING A MORATORIUM ON THE SITING OF PAWNBROKERS, PRECIOUS METAL DEALERS AND SECONDHAND GOODS DEALERS, CHIEF PECCHIA Mr. Schumacher explained that Chief Pecchia was unable to be present, and further explained that the passage of this ordinance would give the Police and Community Development Departments the opportunity to adequately research the implications of pawnbrokers, secondhand goods dealers and precious metals dealers locating within the City of Lino Lakes. He added that a number of municipalities within the metropolitan area are currently revising and updating their existing ordinances relative to this matter to comply with recent changes to State law. Mr. Schumacher explained that Chief Pecchia anticipates having this research completed within the next 12 months, and requested that this moratorium be in place during that time period. This ordinance is considered to be of an emergency nature and requires only one reading. Mr. Schumacher added that City Attorney Hawkins had prepared the ordinance for Council approval. Council Member Lyden moved to approve Ordinance No. 10 - 96, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 10 - 96 can be found at the end of these minutes. FINANCE DEPARTMENT REPORT, MARY VASKE Consideration of Resolution No. 96 - 158 Adopting the Final 1997 General Operating Budget and the Sewer and Water Budgets for the City of Lino Lakes - Ms. Vaske explained that pursuant to State Statutes, a final 1997 general fund revenue and expenditure budget must be adopted by the City Council. Additionally, pursuant to the 1994 Utility Rate Study, the 1997 budgets for the Water and Sewer Operating Funds should also be adopted by Council. Ms. Vaske recommended approval of Resolution No. 96 -158, which encompasses these budgets. COUNCIL MINUTES DECEMBER 16, 1996 Council Member Lyden moved to adopt Resolution No. 96 - 159, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 158 can be found at the end of these minutes. Resolution No. 96 - 159 Certifying the Final 1996 Tax Levy, Collectable in 1997 - Ms. Vaske explained that pursuant to State Statutes, a final 1996 tax levy, collectable in 1997, must be adopted. This levy includes the total general operating levy, certificate of indebtedness levies, and the fire station bond levy. Ms. Vaske stated that in September the City Council set the proposed levy at $3,425,200. Since that time, Council reduced that amount to $3,349,400 for certification to Anoka County, thus keeping the tax capacity rate at its current level. Levy amount certified to Anoka County Less HACA $3,349,400 ( 421,891) Total Net Levy Certified $2,927,509 Council Member Neal moved to adopt Resolution No. 96 - 159, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 159 can be found at the end of these minutes. Consideration of Resolution No. 96 - 160 Adopting the Final 1997 Recreation Fund Budget - Ms. Vaske explained that the Recreation Fund is a special revenue fund, which in accounting terms means that it must be adopted for the annual audit. For certification purposes, it is another requirement. Although not adopted in the past, Tautges, Redpath, Inc. recommends that this action be taken. Ms. Vaske added that the budget is not detailed but broken down into adult and youth programs only. Council Member Neal moved to adopt Resolution No. 96 - 160, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 160 can be found at the end of these minutes. Consideration of Resolutions No. 96 - 161 through 96 - 168, Resolution No. 96 - 173, and Resolutions No. 96 - 174 through 96 - 177 - Ms. Vaske explained that each year the Finance Department presents resolutions for various financial corrections, reallocations, and fund closures. She reviewed each resolution and asked that one motion encompass all of them. Council Member Neal moved to adopt Resolutions No. 96 - 161, 96 - 162, 96 - 163, 96 - 164, 96 - 165, 96 - 166, 96 - 167, 96 - 168, 96 - 173, 96 - 174, 96 - 175, 96 - 176, and 96 - 177, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolutions No. 96 - 161 through 96 - 168, 96 - 173, and 96 - 174 through 96 - 177 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND 10 • • COUNCIL MINUTES DECEMBER 16, 1996 Consideration of a Planned Development Overlay (PDO), Twin Cities Townhomes, Apollo Drive - Consulting Planner Alan Brixius, with the aid of an overhead presentation, gave a brief history of the Apollo Meadows subdivision. Twin City Townhomes has submitted a revised site plan to construct nine buildings totaling 32 units on a five -acre parcel of land located north of1-35W, east of Lea Court and within the medium density (R-3) district. The applicant requested a planned development overlay (PDO) to allow flexibility in the City Zoning Ordinance requirements regarding setbacks, right-of-way width, and paved surface width for both the street and the cul-de-sac. Mr. Brixius stated that earlier this summer the Planning and Zoning Board and the City Council had reviewed some preliminary conceptual proposals submitted by Twin City Townhomes for the site. He explained that the City would remain flexible regarding the right-of-way, construction of the internal roadway (off Apollo Drive), and setback requirements, as long as the required setbacks to Lea Court, Apollo Drive and I -35W were maintained. Mr. Brixius then outlined his recommendations for the site. He stated that because the site is limited in size and restricted due to site configuration and required setbacks to Apollo Drive and I -35W, it appeared that flexibility with respect to certain City code requirements through the planned development overlay may be reasonable with the proper site design. Mr. Brixius said that with site plan modification, as described in his report and demonstrated in Exhibit E, City Staff found that the site plan responds to all of the City's requests for setbacks, density, screening circulation, open space, and recreation. He added that based on City Staff review, it would recommend approval of the planned development overlay, rezoning, and the submitted site plan, with the following conditions: 1. The site plan is revised per Exhibit E, which includes elimination of one unit, reconfiguration of the units, and a shifting of the internal roadway to the northeast approximately 10 feet. 2. The shifting of the two buildings on the west side of the internal street to the south 15 feet shall result in the following drive aisle and off-street parking staff setbacks: a. The drive aisle and off-street parking stall shall be at least 15 feet back from the Apollo Drive right-of-way. b. The drive aisle shall be set at least 15 feet back from the I -35W right-of- way. c. The off-street parking stalls shall be set at least 10 feet back from the I - 35W right-of-way. 3. The off-street parking lot located at the end of the cul-de-sac shall maintain a setback of at least five feet from the road right-of-way. 4. Because the applicant has not submitted specific building plans for this site, prior to issuance of any building permit the developer must meet with City Staff to discuss details of the building plans and site grading, and settle any outstanding issues as necessary. 5. It is recommended that more shade -tolerant shrubs be added to the plant list in order to provide some variation to the units. Additionally, landscaping shall be required between the units located west of the internal street to provide some privacy between adjacent patios (Exhibit H). COUNCIL MINUTES DECEMBER 16, 1996 6. The applicant, City Forester and the Chief of Police shall meet to discuss the landscaping plan and ensure that the plan meet the Crime Prevention through Environmental Design (CPTED) standards. 7. Approval must be obtained from MnDOT for the planting of trees within the I -35W right- of-way. 8. The drainage and utility plan shall be subject to review and approval of the City Engineer. 9. The applicant shall be required to pay a park dedication fee in lieu of land based upon the density of the development. Said dedication amount shall be in conformance with Section 1001.14 of the City Subdivision Ordinance, depending upon the density of the development. 10. Snow storage areas may not take up any required parking spaces or block views of motorists entering onto public streets. 11. A deed covenant shall be established which states that the City shall not be held liable for any damage caused to a vehicle parked within a driveway from snow plowing. 12. The applicant must enter into a PDO development agreement with the City. Mr. Brixius continued, explaining that the Planning and Zoning Board reviewed this matter and recommended approval of the requested PDO with the conditions outlined above, with the exception of Condition No. 11. This condition was determined to be unnecessary due to the site plan revisions requested in the report. The revised site plan is the plan that the City Council is addressing at this time. Mr. Wessel requested clarification as to whether or not this matter requires a 4/5ths vote. Mr. Brixius indicated that it does. Mayor Landers asked about the origin of the sanitary sewer and municipal water services. Mr. Ahrens explained that the utilities would come from Lea Court, with a stub very near to the proposed cul de sac. Council Member Lyden asked how the density would be effected if the PDO were not granted. Mr. Brixius explained that without the flexibility of the proposed project, density would be reduced by 10 to 12 units. Council Member Lyden also asked about prospective "clientele". Mr. Brixius indicated that marketing has been aimed at single people and small families. Forrest Harstad of Twin City Townhomes stated that very few families with children are attracted to this type of unit. He added that in his experience approximately 5% of the units may house a family with one child. Even in the projects where children were expected, they were overwhelmingly occupied by single people. Council Member Bergeson pointed out that this matter has been presented for Council consideration three times to date, and it appears that there has been cooperation regarding all requirements of the PDO. He added that the Planning and Zoning Board approved the PDO by a 7-0 vote. Council Member Bergeson moved to approve the PDO subject to the conditions enumerated above with the exception of Condition No. 11. Council Member Lyden seconded the motion. Motion carried unanimously. 12 • • • COUNCIL MINUTES DECEMBER 16, 1996 Consideration of an Access Agreement with Anoka County - Ms. Wyland, with the aid of an overhead presentation, explained that as previously discussed Twin City Townhomes has submitted an application to the City to construct townhomes in the area of I -35W, Lea Court, and Apollo Drive. The developer initially proposed access for the development via Lea Court, since there is an existing agreement between Anoka County and the City that prohibits an additional access to Apollo Drive. The developer prefers to have access from Apollo Drive and subsequently approached Anoka County to have the Access Agreement revised to allow one additional access from Apollo Drive for this development. Anoka County agreed to revise the Agreement. The section proposed to be changed currently reads as follows: The City shall limit access to the proposed Apollo Drive by limiting to four (4) the accesses to Apollo Drive to the south between Sunset Road and Jon Avenue, and limiting to four (4) the number of accesses plus one (1) roadway to Apollo Drive to the north between Sunset Road and Jon Avenue. This section is proposed to read as follows: The City shall limit access to the proposed Apollo Drive by limiting to five (5) the roadway accesses to Apollo Drive to the south between Sunset Road and Jon Avenue, and limiting to five (5) the number of driveway accesses to Apollo Drive to the north between Sunset Road and Jon Avenue. The proposed amendment adds one additional roadway access to Apollo Drive to the south and changes one roadway access to Apollo Drive to the north to a driveway access. The change to the access to Apollo Drive to the north does not negatively impact the property owners' ability to have access to Apollo Drive and develop the property. The roadway access to Apollo Drive to the north is not needed to provide transportation to the surrounding neighborhood. The additional roadway access to the development from Apollo Drive benefits the City and property owners on Lea Court by preventing most of the traffic from the townhome project from having access to Lea Court. Ms. Wyland recommended that Council pass a motion to authorize the Mayor and City Clerk to sign the amendment to the Joint Powers Agreement for Construction of Apollo Drive. Council Member Bergeson moved to modify the Joint Powers Agreement as described above. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of a Conditional Use Permit (CUP) Request, Hokanson Development, Marshan Condominiums, Aqua Lane and Lake Drive - Mr. Brixius explained that in June of 1995 Council formally approved the first phase of a residential development entitled "Marshan Lake Condominiums". He stated that the first phase of the project included 110 residential dwelling units and was exempted from the provisions of the City's recently adopted Shoreland Management Ordinance. At the time of Phase I approval, it was specified that future Phase II development must adhere to the provisions of the newly adopted shoreland requirement. At this time the developers wish to proceed with approval of Phase II of the development, which includes two 1 2 -unit townhome structures (24 total units) located in the southern portion of the site. COUNCIL MINUTES DECEMBER 16, 1996 The subject property is zoned R-4, high density residential, and lies within the Shoreland Overlay District of Marshal Lake. By definition, the proposed development qualifies as "planned development overlay" and requires the processing of a conditional use permit. Mr. Brixius explained that based on the following review he will recommend approval of the requested conditional use permit subject to the following conditions: 1. Phase II structures are found to comply with applicable R-4 District height requirements. 2. The City approves a variance to allow guest parking within five feet of the project's internal street. 3. The previously approved landscape plan is revised to address landscaping treatments to be applied to the area of the site where the five -unit structure was previously proposed. 4. Parallel parking is prohibited along the proposed 28 -foot -wide driveways. 5. A determination is made that applicable handicapped parking requirements have been satisfied over the entire site. 6. The City Engineer provides comment and recommendation in regard to snow storage. 7. The City Engineer provides comment and recommendation with regard to grading, drainage and utility issues. Such comments should address these issues associated with the western area of the site where the five -unit structure had previously been proposed. 8. Any restrictive covenants which vary from those applied to Phase I of the project are subject to City review and approval. 9. Comments of other City Staff. Mr. Brixius continued with a brief background on this development. He presented evaluation criteria for the conditional use permit request. According to Section 5, Subd. 5 of the Zoning Ordinance, the Planning and Zoning Board shall recommend and the City Council shall order the issuance of such a permit only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the City and this Ordinance. 3. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. 4. Will be served adequately by essential public facilities and services including streets, police and fire protection, drainage structures, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 5. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 6. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. 14 • • COUNCIL MINUTES DECEMBER 16, 1996 7. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. 8. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 9. Will conform to specific standards of this Ordinance applicable to the particular use. Mr. Brixius explained that in previous consideration of this project and approval of the first phase it was basically established that the proposed use is acceptable at its proposed location, and will not negatively impact the area. In this regard, proposed Phase II satisfies the aforementioned conditional use permit evaluation criteria. Mr. Brixius detailed the shoreland density requirements based on the City's current shoreland management requirements. He also reviewed for the City Council the site plan, building elevations, setbacks, landscaping, parking, snow storage, parks, grading, drainage and utilities, restrictives, and covenants. Mr. Brixius said that based on the preceding review, he recommended approval of the requested planned development overlay (PDO) subject to the conditions listed in the executive summary of the report. Council Member Bergeson asked if adding these additional units places additional restrictions on development of the corner pieces in terms of impervious surface. Mr. Brixius said that if the City does not give consideration to changing the PDO and impervious surface requirement under the storm water management portion of the PDO, yes it would. Council Member Bergeson asked if all of the property is owned by the developer. Mr. Brixius said that it is all owned by the developer. Council Member Bergeson indicated that he believed one parcel was not owned by the developer. Mr. Brixius agreed, and pointed out a parcel that is not part of the site. Council Member Bergeson asked if improving the site would result in diminishing the value of any other property. Mr. Brixius responded no. Council Member Lyden asked to revisit the shoreland ordinance, "tightening it up" in some respects. Mr. Brixius pointed out the basis for the flexibility being sought, and offered copies of this information to all Council members. Mayor Landers stated that a certain percentage of the first phase of a development must be completed prior to action regarding subsequent phases. Mr. Brixius agreed, but stated that site plan approval is the basis for this request, and delay will not have impact. Council Member Bergeson moved to approve the conditional use permit requested by Hokanson Development subject to the conditions outlined above. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of a Conditional Use Permit (CUP) Request, Otter Lake Animal Clinic, Wayne Scanlan, 6848 Otter Lake Road - Ms. Wyland stated that Dr. Scanlan received approval of a conditional use permit in July of 1986 for the initial construction of this veterinary clinic and boarding facility. At that time Dr. Scanlan constructed a pole barn structure for clinic use, and at this time would like to expand that structure by 50%, for a total COUNCIL MINUTES DECEMBER 16, 1996 of 2,025 square feet of increased boarding facility. The additional pole barn construction and the expanded boarding facility are both allowed by conditional use permit only. Ms. Wyland explained that the proposed facility has been reviewed by the Planning and Zoning Board, and that it meets all of the requirements of the review. She added that the Planning and Zoning Board recommended approval of this request with the following conditions: 1. That proper building permits be acquired prior to any construction. 2. That no additional construction of pole barn nature be allowed on this site. (There is a future expansion proposed for some time in the future, and that construction would have to be wood frame with exterior treatment in compliance with the zoning ordinance.) 3. That the boarding for up to 100 animals be allowed on the site. (Currently Dr. Scanlan has facilities for approximately 58 animals, so the increase would be 42 spaces.) 4. That the City Forester review and approve the landscaping plan. (A revised landscaping plan has been requested along with the final plans for the realigned Otter Lake Road, as access to this facility will be effected.) 5. That the Community Service Officer review final building plans prior to issuance to any building permits for CPTED compliance. 6. That drainage and utility plans be reviewed and approved by the City Engineer. 7. That access drives and parking areas be reviewed and approved by the City Engineer and that handicapped parking comply with the ADA requirements. Mr. Wessel pointed out that this project represents an example of cooperation between the City and property owner. Dr. Scanlan's site will eventually be rearranged so that another addition can be constructed which would reorient the entrance to his facility. According to Mr. Wessel, this should represent a considerable upgrade to the entire site. He added that Economic Development strongly recommended approval of this project. Mayor Landers asked about the future entrance, as on the visual aid it is shown to be through an existing pond. Mr. Ahrens explained that the future driveway would actually be immediately north of the pond, and that reconfiguration and design would be necessary to accommodate the wetlands in that area and make the access and parking site usable. Mr. Wessel indicated that in most cases landowners are afforded the opportunity to choose; however, in some cases the City has the option of mitigating some of the wetlands, and the Rice Creek Watershed has given its conceptual approval in this case. Mr. Ahrens added that Rice Creek Watershed would take drainage into consideration as these options are reviewed. Council Member Lyden asked if regulation exists as to a limit on the number of animals such a facility can accommodate. Ms. Wyland explained that the Zoning Ordinance and Dog Ordinance dictates only that a commercial facility have a conditional use permit. There is no cap on the animal population. She added that Dr. Scanlan provides animal control service for Lino Lakes and surrounding communities. Council Member Lyden asked if the proposed facility is consistent with others within the area. Ms. Wyland indicated that it is not unusual in terms of its size. 16 • COUNCIL MINUTES DECEMBER 16, 1996 Dr. Scanlan stated that his facility falls midway between the smallest and the largest in the area, with the average population being 50 to 200 dogs. In addition to the 58 holding cages for large animals, Dr. Scanlan's facility includes 20 cages for cats and smaller dogs. The additional containment requested would be run -size areas for larger dogs. Council Member Bergeson asked for clarification regarding mitigation. Mr. Ahrens explained that it would be "two to one. Council Member Lyden moved to approve the conditional use permit, with the conditions outlined above. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of a Variance, Adgraphics, 2300 Main Street - Ms. Wyland explained that this request is for a sign variance which would allow Adgraphics' business identification sign and two directional signs to be located 5 feet from the property line. The existing sign ordinance requires a 20 -foot setback. Staff and the Planning and Zoning Board have been reviewing the existing sign ordinance, and it has been recommended that the setback be changed from 20 feet to 5 feet for commercial zoning districts. This 5 -foot setback is consistent with other such ordinances in the metropolitan area which were reviewed in connection with Staffs update of the City's ordinance. A public hearing took place at the last Planning and Zoning Board meeting, and the Board tabled consideration in order to review other areas of the ordinance. However, the Board was in agreement with change from 20 feet to 5 feet. Additionally, the Economic Development Board has recommended that this change be made. Ms. Wyland stated that in relation to the criteria necessary in reviewing a variance, she II/ suggested consideration of the following: • 1. That the property in question cannot be put to reasonable use if used under conditions allowed by the official controls. Staff would comment that the sign could be located 20 feet from the property line; however, visibility would be restricted. 2. That the plight of the landowner is due to circumstances unique to his property, not created by the landowner. (In this case, plantings would restrict visibility. This condition was initiated by the landowner.) 3. That the hardship is not due to economic consideration alone, and that reasonable use of the property exists under the terms of the ordinance. (Staff does not believe there is any economic hardship in this case.) 4. That granting the variance requested will not confer upon the applicant any special privilege that would be denied by this ordinance to other land, structures or buildings. 5. That the proposed actions will not unreasonably diminish or impair established property values. 6. That proposed actions will be in keeping with the spirit and intent of the ordinance. Council Member Lyden asked how far from the road the sign would be located. Mr. Ahrens estimated 30 to 40 feet between the road and the sign. Mr. Wessel stated that the original site plan included placement of signs at the proposed location, for safety reasons. He added that Adgraphics operates in an extremely professional manner and exhibits a commitment to quality that sets a standard for economic development in the Clear Watercreek area. Continuing concern is expressed by businesses with respect to having the ability to place signs in beneficial areas. He emphasized safety issues. COUNCIL MINUTES DECEMBER 16, 1996 Mayor Landers asked if there should be specifications within the ordinance for the size of signs in addition to the variance. Ms. Wyland indicated that the size of the subject sign already comply with the current sign ordinance size requirements. Mr. Wessel added that the placement of the sign is the only condition presently being requested. Council Member Bergeson clarified that Mayor Landers' concern is that this ordinance may permit use of a non-compliant sign. Council Member Bergeson suggested that if the variance is approved it should be for a sign already in compliance. Council Member Bergeson moved to approve the variance for signs for Adgraphics, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 178 Electing to Continue Participating in Local Housing Incentives Account Program under the Metropolitan Livable Communities Act Ms. Wyland explained that the Metropolitan Livable Communities Act requires those communities wishing to access certain funding accounts through the Metropolitan Council to continue their participation in this program. In November of 1995 the City of Lino Lakes opted to participate in this program. Ms. Wyland presented Resolution No. 96 - 178 which basically states that the Livable Communities Act is created by the Legislature, and that communities wishing to access the various funding accounts must participate on a yearly basis. The City would, therefore, be renewing its current commitment to the program. Council Member Neal moved to adopt Resolution No. 96 - 178, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 178 can be found at the end of these minutes. Mayor Landers called a recess at 8:45 p.m.. The meeting was reconvened at 8:50 p.m.. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 96 - 156 Ordering Improvements, I-35 Trunk Highway 49 Commercial Development Area Trunk Utilities (4/5ths vote) - Mr. Ahrens explained that this item was continued from the November 25, 1996 meeting. He reminded the group that a public hearing for this project was held at that meeting, and later on that agenda Council approved preparation of the plans and specifications. Mr. Ahrens stated that there were a few items remaining for Staff to review with the property owners, which review has now been completed. Mr. Ahrens provided the following background for this item: The City wishes to extend the trunk watermain and sanitary sewer from the crossing that will be included in the Centennial Middle School project, extending them along the southernmost right-of-way line of 35W and then toward Lake Drive to the Town Center site. One question Council requested be reviewed was with regard to the assessments. Mr. Ahrens pointed out the individual parcel assessments, a copy of which had been provided to Council. He explained that in the case of the Rehbein property, the assessment was broken down into different zoning classifications to clarify the amounts for his various parcels. Mr. Rehbein's 18 COUNCIL MINUTES DECEMBER 16, 1996 total for the Town Center site is $108,620. His assessments for the general business area located west of Lake Drive, south of 35W and north of the creek (ditch #10) is $98,960, and for the light industrial property south of the creek and south or east of 35W is $0. Therefore, Mr. Rehbein's total assessment for this project is $207,600. Other assessments are $4,100 to the Skoglunds; Jim Funkhauser, $5,230; and Joe and Elise Tagg, $115,700. Mr. Ahrens reminded the group that this portion of Lino Lakes is Charter exempt, and that the proposed assessments can be petitioned against by owners of property containing single- family residences. He indicated that Mr. Funkhauser has not signed such a petition; however, the Skoglunds and the Taggs have. For the Skoglunds, payment of the assessment would be delayed until such time as the property is developed for non-residential use or they connect to the utilities. For the Taggs, given the multi -levy nature of the property, the 11.8 acres of their property which is homesteaded would be exempt from assessment until such time as their property is developed or they connect to the utilities. Mr. Ahrens stated that the project schedule is as follows: Order the Project Approve Plans Authorize Ad for Bids Bid Opening Award Bid Begin Construction Substantial Completion Assessment Hearing December 16, 1996 January 13, 1997 January 13, 1997 February 18, 1997 February 24, 1997 April 7, 1997 June, 1997 October, 1997 Mr. Ahrens explained that in October of 1997 Council would consider approval of the assessments based upon construction costs for certification and payment in 1998. The February 24, 1997 date would be the time by which Council could elect not to go forward with the project. Mr. Wessel added that this project is another example of the City and landowners working successfully together for mutual benefit. He indicated that the final meeting with landowners had taken place prior to this Council meeting, and that Mr. Rehbein had authorized Mr. Wessel to convey to Council his approval of going forward with the project. He added that he believes the Funkhausers and the Skoglunds are also comfortable with the project at this time, and suggested that the Taggs present their concerns at this time. Mr. Wessel explained that finalizing plans to pursue this project is important at this time. The schedule began in June, 1996, when the feasibility report was ordered. He added that corporate staff of Fairview sees today as the "due date" for their project. They went so far as to hire a new architect who could work more quickly to meet their projected schedule. Mr. Wessel indicated that this coming Thursday a joint meeting of the Comprehensive Planning Task Force and the Town Center Committee is scheduled to review the master plan options in preliminary form. There will then be subsequent meetings leading up to the City Council meeting on January 27, 1997. Mr. Wessel pointed out certain site scheme considerations including the Fairview Clinic and Bank Professional Building. He explained that utilities must be available for connection by July 1, 1997 for each of the proposed buildings, and if the project is not approved at this meeting that schedule cannot be met. With use of a visual exhibit, Mr. Wessel pointed out 19 COUNCIL MINUTES DECEMBER 16, 1996 various plans for the project site. He emphasized the importance of quality with regard to this project, and reiterated the importance of tonight's decision. Mr. Tagg explained that there is a conflict between two assessors regarding zoning designations of his property. The residential assessor informed Mr. Tagg that he has 25 acres homesteaded, and 3 acres commercial. The other assessor informed Mr. Tagg that 11.8 acres are homesteaded, and 14.48 commercial. Using the first assessors figures, Mr. Tagg could petition out of assessment on 25 acres of his property; however, Mr. Ahrens is using the second assessor's figures, which would mean that if the project does not go forward Mr. Tagg would be responsible for assessment on almost 15 acres. He wants to be sure that he can petition out of assessment on 15 acres, especially if the project does not materialize. Mayor Landers asked about the property designations that appear on the Taggs' annual tax statement. Mr. Tagg responded that his property is only described as multi -levy; no specification is made as to the numbers of acres per category. Mr. Schumacher asked if Mr. Tagg's tax statement shows two different tax classifications. Mr. Tagg responded that it indicates industrial and residential grades; however, he has been under the impression that the acreage the taxes are currently based on is different from either of the above possibilities. Mr. Schumacher suggested that the City should obtain correct information from the County prior to assessment. Mr. Wessel stated that he appreciates Mr. Tagg's cooperation in not wishing to hold up the overall project. He added that the discrepancy between assessors should certainly be resolved. Mr. Wessel also stated that he would recommend approval of the project with the intention of working through the assessment contradiction. Mr. Ahrens stated that his intention in taking County Assessor Mary Boyle's representation of the Tagg property was to approach the issue conservatively with the knowledge that finalization of the assessment would not take place until the assessment hearing. Council Member Lyden asked who has authority to resolve this conflict, and what responsibility the City has. Mr. Ahrens explained that the levy of taxes is ultimately the responsibility of the City Council as final authority. City Attorney Hawkins expressed confusion as to how there could have been a discrepancy. He feels that an agreement will be forthcoming. Mayor Landers asked if the necessary clarification could be accomplished prior to the February 24, 1997 Council meeting. Mr. Ahrens stated that he feels it can be taken care of prior to the next Council meeting in January. He added that he had hoped to have this issue resolved prior to this evening's meeting, but was unable to contact the people involved. Council Member Neal asked why Mr. Ahrens and Mr. Tagg couldn't go directly to the County offices and resolve the issue personally. Council Member Neal sympathized with Mr. Tagg's position. Council Member Bergeson commented that the project as presented at this time is in good order. He added that with respect to the Tagg property the number of acres will likely not be an issue, as once the project is started he will probably sell the property very quickly. 20 e e COUNCIL MINUTES DECEMBER 16, 1996 Mr. Tagg reiterated that he doesn't wish to delay the project, but remains concerned about being assessed on too large a portion of his property immediately, making it a hardship to maintain until such time as he might be able to sell. Council Member Bergeson pointed out two "check point" dates: One being the date of this evening's meeting, and the other being the date of the Board of Equalization meeting. Both of these meetings would be opportunities to revisit this issue. Council Member Neal asked Mr. Wessel if it is truly imperative that the project be approved at this meeting. Mr. Wessel responded that this step of ordering the project is critical. There will be opportunities to review Mr. Tagg's assessment issue as outlined by Council Member Bergeson. Mr. Tagg added that he wants the project to go forward, but that he wants consideration of his concerns. Council Member Neal moved to approve Resolution No. 96 - 156, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 156 can be found at the end of these minutes. Consideration of Calling a Public Hearing on Proposed Utility Rates for the Next Three Years, January 13, 1997 - Mr. Ahrens reminded Council that over the past several work sessions utility rates have been discussed. Based upon the last of these meetings, January 13, 1997 was determined to be appropriate for a public hearing on this matter. Mr. Ahrens explained that current utility rates were set in January of 1994, and will expire at the end of this year. Therefore, it is essential to set the utility rates prior to billing by the City, which is scheduled to take place in February of 1997. Council Member Bergeson moved to set the public hearing for January 13, 1997 at 6:45 p.m. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 169, Order Improvements and Preparation of Plans and Specifications, Otter Lake Service Road Street and Utilities Improvements (4/5ths vote) - Mr. Ahrens recommended that consideration of all matters regarding this project be tabled until the January 13, 1997 regular City Council meeting due to the number of unanswered questions regarding this project. Mr. Wessel agreed with Mr. Ahrens' recommendation. Council Member Lyden moved to table consideration of Resolutions No. 96 -169, 96 - 170 and 96 - 171 until the January 13, 1997 City Council meeting. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 172, Authorize Acquisition of Property by Demean Proceedings and Eminent Domain, I -35W Trunk Highway 49 Lake Drive Commercial Development Area Trunk Utilities - Mr. Ahrens explained that this resolution would authorize the City to acquire certain properties through eminent domain proceedings. It is imperative that this be approved in order to meet the schedule with respect to the trunk utility project ordered previously this evening. He added that approval at this time represents the starting point for acquiring the property needed for preparation of the proper legal COUNCIL MINUTES DECEMBER 16, 1996 documents. Mr. Ahrens recommended adoption of this resolution to establish support for acquisition of these properties in a timely manner. Council Member Bergeson clarified that this resolution represents condemnation of property for trunk utilities only, and that property where established business currently exist will not be effected. Mr. Ahrens agreed, adding that the process is requested only as a precaution. Mr. Hawkins explained that legal descriptions and abstracts would have to be obtained. Tonight's action will start the time clock running on the 90 -day period that must pass prior to actual work. During this 90 -day period negotiation will take place and, if successful, at the end of the waiting period this demean action will be dismissed. Council Member Bergeson moved to adopt Resolution No. 96 - 172, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 172 can be found at the end of these minutes. CONSIDERATION OF NON-UNION PAY ADJUSTMENT, RANDY SCHUMACHER Mr. Schumacher explained that each year the City Council is asked to consider a cost of living adjustment for non-union employees via an adjustment to the pay plan adopted by Council. Union employee pay adjustments are made through collective bargaining and become effective January 1 of each year. The increases for the organized groups for 1997 are: Teamsters, 2.9%; Forty-Niners, 3.5%; LLMA, 3.0%. Staff recommended that the City Council take action on the non-union employees at a 3.0% cost of living adjustment to the pay plan. Mayor Landers asked how many non-union workers are employed by the City. Mr. Schumacher responded that there are six. Council Member Neal moved to approve the 3.0% pay adjustment for non-union City employees. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF SETTING A PUBLIC HEARING FOR DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT CDBG FUNDING FOR 1996-97, RANDY SCHUMACHER Mr. Schumacher explained that each year the City is allocated Community Development Block Grant dollars that primarily benefit low and moderate income individuals and homes. The public hearing is recommended for January 13, 1997 at 6:30 p.m. January 27, 1997 is proposed for final action on allocation of these funds. Last year $37,605 was received by the City from this source. This year the total should be approximately $35,770. The programs previously funded included ACAP, Alexandria House, Community Emergency Assistance Program, Forest Lake Youth Services Bureau, Meals on Wheels, RISE, Lino Lakes Seniors Program. Additionally, acquisition of equipment for the Police and Parks Departments for hearing-impaired individuals was acquired through this funding. Council Member Neal moved to approve setting a public hearing for designating Community Development Block Grant funding for January 13, 1997 at 6:30 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously. 22 COUNCIL MINUTES • OLD BUSINESS - None. • • NEW BUSINESS DECEMBER 16, 1996 Consideration of Calling a Special Council Work Session in January for Reviewing the Proposed Zoning Ordinance and Finalizing the Appointment Procedure - Mr. Schumacher explained that at the last work session these two issues were raised. Since there were only three Council members present at that work session, it was suggested that a special meeting in January be called to discuss these two issues specifically. Mr. Wessel indicated that a Town Center meeting is scheduled for January 9. Mayor Landers pointed out that January 8 is the regular Council work session. Tuesday, January 7, was decided upon, the meeting scheduled to begin at 5:00 p.m. Mayor Landers requested that all Council members give serious consideration to appropriate appointment procedures for filling upcoming Board vacancies. He added that only one advertisement should take place, and that Council should accept the names presented at that time. Council Member Neal suggested that the Boards be polled and those wishing to stay be appointed. Mayor Landers indicated he would rather not take that action, as it would eliminate possible participation by others in the community. Mr. Schumacher stated that the purpose of the meeting in January is to discuss such issues. Council Member Bergeson asked that the public be alerted prior to the official advertisement. Mr. Schumacher indicated that the last Newsletter included a notice to that effect regarding Board appointments. Mr. Wessel asked that Julie Schwartz and Dean Tollepson of EDAAB be considered for term extension, as they were installed just three months ago. EDAAB, P&Z, Park and Gas Commission Boards were clarified as the groups subject to upcoming vacancies. Council Member Bergeson stated that there is also the Environmental Board, but that it might not be appropriate to include that body at this time. City Attorney Hawkins explained that terms of some of the above -referenced Boards are delineated, while others are handled by resolution of the City Council. Council Member Bergeson moved to extend the terms of those Board members whose terms are expiring on December 31, 1996 to March 31, 1997. Council Member Lyden seconded the motion. Motion carried unanimously. Mayor Landers again asked all to take this matter seriously in order to avoid delays encountered in the past. Stop Signs for Highway 49I - 35W - Council Member Neal stated that it has come to his attention that I -35W and Lake Drive are dangerous intersections. Four-way stops have been COUNCIL MINUTES DECEMBER 16, 1996 suggested by his constituents. Mr. Ahrens stated that the roadway (Lake Drive) is controlled by Anoka County, and the ramps (I -35W) by the State. Proper procedure would be to correspond with the County requesting that it consider installing stop signs. Mr. Ahrens offered to prepare such correspondence. Mayor Landers agreed that stop signs are appropriate; however, anything further should be postponed until the proposed development in that area is completed. Snow Plowing - Council Member Neal stated that he had been advised by a senior citizen that she had been charged $45 for 15 minutes of snow removal at her residence. He asked for authority to allow senior citizens with similar problems to contact him at City Hall so that he could arrange for such snow removal either by the City or by individuals who have agreed to perform this service for $15 or less. Mayor Landers requested clarification that the City did not provide the $45 snowplowing service. Council Member Neal confirmed that it was not the City. Council Member Lyden asked if the intention was to have City equipment plow private driveways. Council Member Neal asked for authority to have City equipment used only in emergencies. Council Member Bergeson pointed out that Council Member Neal had volunteered to coordinate seniors and those who are willing to plow snow for seniors at a reasonable rate, to which he has no objection. However, in the case of emergencies, Council Member Bergeson felt the Police Department should be contacted. City Attorney Hawkins agreed that an emergency, life-threatening situation would be reasonable use of City equipment. The question is who makes the call --a Council member, or some other authority. Communications/Disseminating Information - Council Member Lyden suggested that communication and record keeping be kept flowing in proper channels. He addressed specifically the special investigator's report, asking that Council take action to ensure that the proper representatives of the City have that information; i.e., the City Clerk. City Attorney Hawkins indicated that the document is public record, and there is no problem with anyone having a copy. Council Member Bergeson indicated that the Charter Commission received a copy of the report, but the City Clerk did not. He felt that the City Clerk should have such a document. Mayor Landers agreed; but with respect to tapes and/or transcripts, he stated no course of action has been taken to summarize that information. Council Member Bergeson suggested that this matter be discussed at an upcoming work session. ADJOURN Council Member Bergeson moved to adjourn at 9:54 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. These minutes were considered, corrected, and approved at the regular Council Meeting, December 8, ,1997. 24 COUNCIL MINUTES • , ,4:-✓ Marilyn Ancrerson, Cler -Treasurer Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. • • DECEMBER 16, 1996 25 L. Landers, Mayor CITY OF LINO LAKES Ordinance No. 10 - 96 AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF PAWNBROKERS, SECONDHAND GOODS DEALERS AND PRECIOUS METAL DEALERS AS DEFINED HEREIN WITHIN ANY ZONING DISTRICT OF THE CITY OF LINO LAKES. The City Council of the City of Lino Lakes ordains that the Lino Lakes City Code is amended by adding a chapter to read as follows: Section 1. Preamble. WHEREAS, the City Council of the City of Lino Lakes finds that pawnbrokers, secondhand goods dealers and precious metal dealers potentially provide an opportunity for the concealment of crimes because such businesses have the ability to receive and transfer stolen property easily and quickly; and WHEREAS, the City Council of the City of Lino Lakes finds that proper planning for the siting of pawnbrokers, secondhand goods dealers and precious metal dealers within the City is necessary in order to protect the City's planning process and the health, safety and welfare of the citizens; and WHEREAS, the City Council of the City of Lino Lakes as authorized by Minn. Stat. § 462.355, Subd. 4, is conducting studies to consider amendments to the City's official controls, including the zoning code, which would affect the siting of pawnbrokers, secondhand goods dealers and precious metal dealers within the City; and WHEREAS, the City Council of the City of Lino Lakes finds that an interim ordinance placing a moratorium on the locating of pawnbrokers, secondhand goods dealers and precious metal dealers within zoning districts is necessary to protect the planning process; and WHEREAS, the City Council of the City of Lino Lakes declares that an emergency exists and that it is necessary in order to preserve the public peace, health and welfare, pursuant to Section 3.06 of the Lino Lakes City Charter, that an emergency interim ordinance placing a moratorium on the Siting of pawnbrokers, secondhand goods dealers and precious metal dealers should go into effect immediately upon the passage of this Ordinance, so the City can conclude its studies and hearings relative to the amendment of the official controls regulating these activities. Section 2. Definitions. (a) Item Containing Precious Metal. An item made in whole or in part of metal and containing more than one (1 %) percent by weight of silver, gold or platinum. 1 • • • (b) Pawnbroker. A pawnbroker is and means a person who loans money on deposit of or pledge for personal property or other valuable thing, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. (c) Person. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. (d) Precious Metal Dealer. Any person engaging in the business of buying secondhand items containing precious metal, including but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. (e) Precious Metals. Silver, gold or platinum. (f) Receive. To purchase, accept for sale on consignment or take in pawn any secondhand good. (g) Secondhand Goods Dealer. Is and means a person whose regular business includes selling or receiving tangible personal property excluding motor vehicles, furniture, clothing and related accessories previously used, rented, owned or lease. Section 3. Public Hearing and Study. The City Council hereby directs City staff to study the siting of pawnbrokers, secondhand goods dealers and precious metal dealers as defined in Section 2 above and to schedule the necessary public hearings, at which time public comment shall be accepted and received regarding the placement and location of pawnbrokers, secondhand goods dealers and precious metal dealers within the City. Section 4. Location and Term. From the effective date of this Ordinance and until its expiration as provided in Section 8 herein, no pawnbrokers, secondhand goods dealers or precious metal dealers shall be located within any zoning district within the City of Lino Lakes. Section 5. Violation. The City may enforce any provision of this Ordinance by mandamus, injunction or any other appropriate civil remedy in any Court of competent jurisdiction. Section 6. Authority. This Ordinance is adopted pursuant to the authority granted to the City in Minn. Stat. § 462.355, Subd. 4, entitled "Interim Ordinance" and City Charter Provision Section 3.06 entitled "Emergency Ordinance." Section 7. Separability. Every section, provision or part of this Ordinance or any permit issued pursuant to this Ordinance is declared separable from every other section, provision, or part thereof to the extent that if any section, provision or part of this Ordinance or any permit issued pursuant to this Ordinance shall be held invalid by a Court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. Section 8. Effective Date. This Ordinance shall become effective and shall be in effect for a period of 365 days from the date hereof. INTRODUCED AND READ in full this 16th. day of December , 1996. PASSED by the City of Lino Lakes this 16th day Of December , 199 6 . Attest: �^ CIL Marilyn nderson, Clerk John Landers, Mayor 3 • • • Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-156 RESOLUTION ORDERING IMPROVEMENT - 35W / TH 49 Interchange Commercial Development Area Trunk Utilities. WHEREAS, a resolution of the City Council adopted the 28th day of October, 1996, fixed a date for a council hearing on the proposed improvement for the 35W / TH 49 Interchange Commercial Development Trunk Utilities by constructing watermain and sanitary sewer. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 25th day of November, 1996, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of November, 1996. Adopted by the Lino Lakes City Council this 16th day A/62/ Ma(l n Ci. Anderson, Clerk -Treasurer ecember, 1996. L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on December 16, 1996. Marilyn G. Anderson, Clerk -Treasurer Council member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-159 RESOLUTION CERTIFYING THE FINAL 1996 TAX LEVY, COLLECTABLE IN 1997. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenditures for General Fund operating costs anticipated in the year 1997, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards Certificate of Indebtedness obligations, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the Public Project Revenue Bonds, and WHEREAS, the City of Lino Lakes is not restricted by levy limitations imposed by the State of Minnesota. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a proposed basis the following upon taxable property in said City of Lino Lakes, to -wit: 1. Total amount levied in the year 1996 to be spread for taxes due and payable in the year 1997 (including HACA) is the total sum of $3,349,400. 2. The total amount above levied is for the following purposes: GENERAL OPERATING $3,027,448 General Bonded Debt Public Project Revenue Bonds 118,112 Equipment Certificates of 1995 97,944 Equipment Certificates of 1996 105,896 Total General Obligation Bonded Debt $ 321,952 TOTAL LEVIES $3,349,400 BE IT FURTHER RESOLVED by the Lino Lakes City Council that the general fund operating budget and special levies for Equipment Certificates and the Public Project Revenue Bonds as reviewed by the City Council represents the basis for this levy. Individual department budgets are subject to final approval by the City Council and shall be authorized by separate action. LET IT BE FURTHER RESOLVED that the total levy will be certified to the County of Anoka less the certified amount of Homestead and Agriculture Credit Aid (HACA) for payable 1997. Total Levy Less Total HACA Total Levy less HACA $3,349,400 (421,891) $2,927,509 • • • • • Page 2 Adopted by the Lino Lakes City Council this 16th day of December, 1996. at.zac. Marilyn G. Anderson, Clerk -Treasurer Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Landers. The following voted against same: None, Council Member Kuether was absent Where upon said resolution was declared duly passed and adopted: Lyden Neal Council member Neal introduced the following resolution and moved its • adoption: CITY OF LINO LAKES RESOLUTION NO. 96-160 RESOLUTION ADOPTING THE FINAL 1997 RECREATION FUND BUDGET FOR THE CITY OF LINO LAKES. WHEREAS, The Recreation Fund is a Special Revenue Fund, and WHEREAS, all Special Revenue Funds are required to adopt a budget for the forthcoming year. NOW THEREFORE BE IT RESOLVED: That the following Recreation Fund operating budget be adopted for 1997: 1997 RECREATION FUND BUDGET REVENUES: Adult $42,870 Youth 21,601 TOTAL RECREATION FUND REVENUES $64,471 EXPENDITURES: Adult Youth $33,737 16,712 TOTAL RECREATION FUND EXPENDITURES $50,449 Adopted by the Lino Lakes City Council this 16th day of December, 1996. ohn Landers -Mayor Marilyn G. Anderson, Clerk -Treasurer • The motion for the 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, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuethere was absent. Where upon said resolution was declared duly passed and adopted: • • Council member Neal move its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 96-161 RESOLUTION DELETING SPECIAL ASSESSMENTS FROM CITY OWNED PROPERTY WHEREAS, the City owns two parcels on Sunset Road that will remain a holding pond, and WHEREAS, there are assessments owing on these parcels, and WHEREAS, the City auditor has suggested that the City write off the amount owing as the bonds have been paid for many years, and WHEREAS, the assessments are recorded in the Closed Bond Fund which has a solvent fund balance, and WHEREAS, the amount owing is $10, 510. • NOW THEREFORE BE IT RESOLVED, that the Finance Director has authority to write off City assessments from the Closed Bond Fund. • Adopted by the City Council of Lino Lakes this 16th day of December, 1996. Jhn Landers - Mayor -70 64,(Lw Marilyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted: Council member Neal move its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 96-162 RESOLUTION TRANSFERRING FUNDS FROM GENERAL FUND TO THE CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF CABLE TV EQUIPMENT WHEREAS, dollars were budgeted in the General Fund for purchase of Cable TV equipment, and WHEREAS, the equipment is not available until 1997, and WHEREAS, the City needs the funds for the equipment, and WHEREAS, transferring the funds to the Capital Equipment Fund assures that the funds will be available, and WHEREAS, the total amount is $24,000. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase Decrease Capital Equipment Fund (401) $24,000 General Fund (101) ($24,000) Adopted by the City Council of Lino Lakes this 16th day of December, 1996. I�Anderson Clerk Treasurer y Jhn Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Members Kuether was absent . Where upon said resolution was declared duly passed and adopted: • • • • • Council Member Neal moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 96-163 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE SURFACE WATER MANAGEMENT FUND TO THE ESCROW FUND WHEREAS, the residents of Rice Lake Estates requested a Letter of Map Revision, and WHEREAS, Engineering, planning and legal costs were incurred on this project, and WHEREAS, these costs were coded to an escrow account, and WHEREAS, these costs were assessed in 1996, and WHEREAS, the assessments are being receipted into the Surface Water Management Fund. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the Surface Water Management Fund to the Escrow Fund be approved as follows: Surface Water Mangement (422) Escrow Fund (801) Increase Decrease $4,807 ($4,807) Adopted by the City Council of Lino Lakes this 16th day of December, 1996. n Landers - Mayor X9-1 62f/L-46)-/-1.-/ rr a lyn G. Anderson - Clerk Treasu e The motion for the adoption of the foregoing resolution was duly seconded by Lyden. and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Lyden, Landers. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-164 RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO WRITE OFF DELINQUENT AND UNCOLLECTABLE ACCOUNTS RECEIVABLE WHEREAS, there exists accounts receivable that are uncollectable for various reasons, and WHEREAS, two of the receivables pertain to the False alarm ordinance, and WHEREAS, one receivable pertains to a land survey cost. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the Finance Director is authorized to write off the following receivables: Budget Foreign Auto Parts (Invoice 65) Labor Education & Training (Invoice 73) Udor (Invoice 78) Total $ 50.00 50.00 450.00 $550.00 Adopted by the City Council of Lino Lakes this 16th day of December, 1996. Marilyn . Anderson - Clerk Treasurer n Landers - ayor The motion for the adoption of the foregoing resolution was duly seconded by Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted. • • • • • • Council Member Neal moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 96-165 RESOLUTION TRANSFERRING FUNDS FROM THE 1996 CONSTRUCTION FUND TO THE ESCROW FUND FOR CORRECTIONS TO THE MARSHAN LAKE CONDOMINIUM ESCROW WHEREAS, the City Engineer has reviewed the costs associated with this project, and WHEREAS, certain engineering (O.S.M.) costs were incorrectly charged to the escrow. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the following transfer be approved as follows: Escrow Fund (801) 1996 Construction Fund (458) Increase Decrease $12,814.33 ($12,814.33) Adopted by the City Council of Lino Lakes this 16th day of December, 1996. TPa<,t_fL02,4e Marilyn G. Anderson - Clerk Treasurer J . hn Landers - ayor The motion for the adoption of the foregoing resolution was duly seconded by Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted. Council member Neal introduced the following resolution and • move its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-166 RESOLUTION TRANSFERRING FUNDS FROM T.I.F. DISTRICT 1-1 TO T.I.F. 1-4 FOR PAST EXPENSES WHEREAS, T.I.F. District 1-4 has past administrative costs that will not be recovered, and WHEREAS, the City's T.I.F. attorney has suggested that the City reimburse this fund from T.I.F. 1-1 funds, and WHEREAS, the total amount owing is $22,122. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase Decrease T.I.F. 1-4 (410) $22,122 T.I.F. 1-1 (407) ($22,122) Adopted by the City Council of Lino Lakes this 16th day of December, 1996. Ma)411r' r 77 034-1/LAX4'-LI c A e 3 nderson Clerk Treasure n Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted: • • e • Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-167 RESOLUTION TRANSFERRING FUNDS FROM T.I.F. DISTRICT 1-1 TO THE AREA AND UNIT FUND, CLOSED BOND FUND AND SURFACE WATER MANAGEMENT FUND FOR ASSESSMENT PAYMENTS FOR BLUE HERON WHEREAS, Blue Heron is in T.I.F. District 1-4, and WHEREAS, the assessments were to be paid by the City in the form of assistance, and WHEREAS, the City's T.I.F. attorney has suggested that the City payoff the assessments with T.I.F. District 1-1 funds, and WHEREAS, the total amount owing is $65,350.02. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase Decrease Area and Unit Fund (406) Closed Bond Fund (301) Surface Water Man. (422) T.I.F. 1-1 (407) $20,286.48 36, 504.00 8,559.54 ($65,350.02) Adopted by the City Council of Lino Lakes this 16th day of December, 1996. Mari 1Y n Lderson,Clerk Treasurer n Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted: Council member Neal move its adoption: introduced the following resolution and • CITY OF LINO LAKES RESOLUTION NO. 96-168 RESOLUTION AUTHORIZING THE TRANSFER OF MONIES FROM THE TAX INCREMENT FUND 1-1 AND TAX INCREMENT FUND 1-2 TO THE ECONOMIC DEVELOPMENT FUND WHEREAS, personnel costs have been charged to the Economic Development Fund, and WHEREAS, these costs are T.I.F. related, and WHEREAS, the City's audit firm has recommended this transfer on an annual basis, and WHEREAS, the City's Tax Increment Districts are all pooled. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized: Increase Decrease $748 E.D.A. Fund (430) T.I.F. District 1-1 (407) T.I.F. District 1-2 (408) ($374) ($374) Adopted by the City Council of Lino Lakes this 16th day of December, 1996. o Landers - Mayor fr140-4 Marilyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted: • • Member Bergeson introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 96-172 EMINENT DOMAIN RESOLUTION WHEREAS, the City of Lino Lakes proposes to construct and improve streets and utilities to serve the 35W/TH49 Interchange Commercial Development Area Trunk Utilities Project. WHEREAS, the improvement consisting of construction said utilities is herein determined necessary to provide for the safety of the public, and WHEREAS, permanent and temporary easements and fee simple interests over certain lands are required to provide for said construction, and WHEREAS, Lino Lakes has authority to acquire right-of-way for said Highway by Eminent Domain pursuant to Minn. Stat., and WHEREAS, Lino Lakes has the right to acquire the right of way prior to the filing of an award by the court appointed commissioners, pursuant to Minn. Stat. 117.011 and 117.042, and, WHEREAS, Lino Lakes has been unable to successfully negotiate the acquisition of required easements at this time; NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the acquisition of land by Eminent Domain and to take title and possession of that land prior to the filing of an award by the court appointed commissioner, pursuant to Minn. Stat. No. 117, and, BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary Petitioner therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court. Dated: December 16, 1996 ATTEST: /1o1h1n€L. Landers, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers and the following voted against same: None, Council Member Kuether was abent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on December 16, 1996. /1 1Marilyn i Anderson, Clerk -Treasurer • • • • • • Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-173 RESOLUTION TRANSFERRING FUNDS FROM THE 1992 CERTIFICATE OF INDEBTEDNESS FUND TO THE CLOSED BOND FUND FOR CLOSURE WHEREAS, the Certificates were paid in full in 1995, and WHEREAS, there remains a balance of $3,012, and WHEREAS, the Closed Bond Fund accounts for all excess funds from paid bond funds. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the 1992 Certificate of Indebtedness Fund for closure to the Closed Bond Fund be approved as follows: Closed Bond Fund (301) 1992 Certificate of Indebtedness (307) Increase Decrease $3,012 ($3,012) Adopted by the City Council of Lino Lakes this 16th day of December, 1996. Marilyn G. Anderson - Clerk Treasurer c I - n Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Members Kuether was absent. Where upon said resolution was declared duly passed and adopted. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-178 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and • • • • • • NOW, THEREFORE, BE IT RESOLVED THAT the City of Lino Lakes hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. o � Marilyn G. Anderson, Clerk/Treasurer 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, Lyden, Neal, Landers The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was duly passed and adopted