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Home My WebLink About03/24/1997 Council Minutes• COUNCIL MINUTES • • MARCH 24, 1997 CITY OF LINO LAKES MINUTES DATE : March 24, 1997 TIME STARTED : 6:35 P.M. TIME ENDED : 10:12 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Police Chief, David Pecchia; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; Planning Consultant, Al Brixius; Clerk -Treasurer, Marilyn Anderson. Mr. Brixius requested the agenda be revised to reverse the order of Items 9A and 9B, Consideration of Interim Use Permit for Golf Driving Range, I-35W/County Road #23 (Lake Drive) and FIRST READING, Ordinance No. 05 - 97, Allowing Golf Drive Range as Interim Use in Shopping Center District. Mayor Landers requested to add under 12, New Business, Item E, Letter to the Charter Commission from the Council. The agenda was approved as revised. STATE OF THE CITY ADDRESS, MAYOR LANDERS Mayor Landers read the 1997 State of the City Address. A copy of this address can be found at the end of these minutes. CONSENT AGENDA Council Member Lyden, referencing Item 1B, Resolution No. 97 - 31 Regarding Reprimand, stated that he was a dissenting member in October and he still feels strongly about this item. He expressed concern that stronger action need be taken, particularly the wording "may result in the termination of your employment." He stated this is not a black and white statement, it is too gray and vague. He stated the Council needs to make a strong, clear message that the City will have zero tolerance for any harassment or discrimination of its' employees and that the wording be changed from "may terminate employment" to "will terminate employment". COUNCIL MINUTES MARCH 24, 1997 Mayor Landers explained that personnel matters need to be dealt with in a closed door session. He also stated the consensus of the Council was to go with the letter that was provided by the attorney the City hired. He emphasized that the attorney handling this matter was not the City Attorney. Therefore, it is his recommendation to leave the letter as is and it is any Council Members prerogative to vote no in regards to the letter and the Consent Agenda. Council Member Lyden stated he vote "no" as he believes it is wrong. Council Member Bergeson asked if it is not typical that when there is a question on an item that it be segregated into a separate vote. Mayor Landers responded yes but he was told Friday in regard to the letter, if consensus was made to move it as a separate item on the agenda, it would happen. But if there is a majority who believe the letter is fine as is, then it would stay on the consent agenda and be voted on with the other consent agenda items. Council Member Bergeson pointed out that since Council Member Lyden is not in favor of Resolution No. 97 -31, but may be in favor of the other items on the consent agenda, it should be made a separate item. He stated his understanding of a consent agenda was to group together routine items that would have the consensus of the Council. Council Member Kuether moved that Item 1B, Resolution No. 97 - 31 Regarding Reprimand be removed from the consent agenda and voted on following the consent agenda. Council Member Lyden seconded the motion. Motion carried unanimously. • Council Member Kuether moved to approve the consent agenda as amended. Council Member • Neal seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES, January 3, 1997 Approved MINUTES, February 24, 1997 Approved MINUTES, March 10, 1997 Approved Resolution No. 97 - 31 Voted on Separated — See Below Approving Reprimand Resolution No. 97 - 38 Redesignation of Community Development Block Grant Funding for 1997/1998 DISBURSEMENTS: Approved March 24, 1997 (Ck. 447176-47270, $201,863.99) Approved PAGE 2 COUNCIL MINUTES MARCH 24, 1997 Centennial Fire District, March 20, 1997 Approved Resolution No. 97 - 31 Regarding Reprimand, Mayor Landers - This item was removed from the Consent Agenda so it could be voted on separately since concerns were voiced (see Consent Agenda). Council Member Lyden expressed fear of setting a precedent. Council Member Kuether moved to adopt Resolution No. 97 - 31. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden voting no. Resolution No. 97 - 31 can be found at the end of these minutes. OPEN MIKE No one appeared under open mike. CONSIDERATION OF A PERMANENT PART-TIME POLICE DEPARTMENT EMPLOYEE, CHIEF PECCHIA Police Chief Pecchia explained a part-time records clerk position was advertised in the Quad Community Press and 11 requests for applications were received. An oral interview, speed typing and Dictaphone typing tests were administered to all candidates. A final interview was conducted on March 12, 1997 with the top 2 candidates. Police Chief Pecchia stated that he recommends Jacqueline Bowdich be hired. She currently is a secretary for Burnett Realty. Prior to this, she has 17 years experience with Jubilee Foods in Shoreview until its' closure last year. Jackie's references stated that she is honest, personable, reliable, hardworking, trustworthy, punctual with professional and friendly customer relation skills. He recommended the Council approve the hiring of Jacqueline Bowdich. Council Member Kuether asked how many hours would this position work. Police Chief Peechia stated approximately 20 hours a week. Council Member Neal asked what benefits would be provided to the part-time employee. Police Chief Pecchia responded that, consistent with the personnel policy, benefits would be pro -rated for a part-time employee. Council Member Kuether moved to approve the permanent part-time position and to offer the position to Jacqueline Bowdich. Council Member Lyden seconded the motion. Motion carried unanimously. PAGI 3 COUNCIL MINUTES MARCH 24, 1997 • PUBLIC HEARING, MODIFICATION OF PLAN FOR TAX INCREMENT FINANCING (TIF) DISTRICT NO. 1 - 7 (APOLLO BUSINESS PARK), BRIAN WESSEL • Mr. Wessel explained that the Economic Development Authority has adopted the modification of the plan for TIF District 1-7 to provide financial assistance to the Lino Lakes Business Center Phases 2, 3, 4 and 5. He stated that copies of the plan have been forwarded to the school district and the county for review. The purpose of the hearing is to receive public comment regarding the modification of the plan. Mayor Landers opened the public hearing at 6:51 p.m. There being no public comments, Council Member Kuether moved to close the public hearing at 6:51 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resolution 97 - 36, Adoption of Modification of Plan for Tax Increment Financing (TIF) 1- 7 - Mr. Wessel stated that the modification of TIF District 1-7, allowing the City to provide tax increment financing to the Lino Lakes Business Center Phases 2, 3, 4 and 5, has been determined to be in the best interests of the City. Following its approval the procedure for providing public assistance is in place. Council Member Bergeson moved to adopt Resolution No. 97 - 36. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 36 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Consideration of Resolution 97 - 37, Calling for a Public Hearing to Modify Plan for Tax Increment Financing District 3-1 (Clearwater Creek) - Mr. Wessel stated the Economic Development Authority has authorized the preparation of a modified Plan for Tax Increment Financing District No. 3-1 to provide financial assistance to GNW Machine, Inc. and its "sister" company UpTech Automation for the construction of an office/manufacturing facility in the Clearwater Creek Development Center. Mr. Wessel requested that a public hearing date be set for April 28, 1997 at 6:30 p.m. in the council chambers. Once the date is set, the modified plans will be sent to School District No. 624 and Anoka County for review and comment. Council Member Kuether moved to adopt Resolution No. 97 - 37. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 37 can be found at the end of these minutes. Consideration of Resolution No. 97 - 40, Calling for a Public Hearing to Modify the Program for Development District No. 1 to Expand the Boundaries of the District and to PAGE 4 COUNCIL MINUTES MARCH 24, 1997 Establish Tax Increment Financing District No. 1 - 8 - Mr. Wessel advised the Council that the Economic Development Authority authorized the preparation of a plan to modify the program for Development District No. 1 to expand the boundaries and to establish a new Redevelopment District No. 1-8. The purpose of the new TIF District is to provide the ability to offer public assistance to redevelopment projects within the City. Mr. Wessel requested that a public hearing date be set for April 28, 1997 at 6:30 p.m. in the council chambers. Once the date is set, the modified plans will be sent to School District No. 12 and Anoka county for review and comment. Council Member Kuether moved to adopt Resolution No. 97 - 40 with the addition of School District 831 (Forest Lake) to the review process in paragraph two above. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97- 40 can be found at the end of these minutes. CONSIDERATION OF AN IMPLEMENTATION PROCEDURE FOR THE POLICE DEPARTMENT BUILDING, BRIAN WESSEL Mr. Wessel explained the police station design and construction schedule begins the process for implementing the construction of a police station in the Village on the I-35W/Hwy 49 interchange. Upon the City Council's approval of this project, Requests for Qualifications (RFQ) will be sent to a list of selected architects. This will enable the City to develop the facilities program, budget and design for the police station. Mr. Wessel stated that the schedule calls for construction on the police station to begin in November, with occupancy in the Spring of 1998. Mr. Wessel stated they have had a request to consider a Centennial school district building in the Village. There also was a suggestion at the Council work session that consideration of a new city hall facility as well as a community center should be included. The RFQ will be amended to provide options for these projects should the City Council decide to proceed with these projects. He clarified this specific implementation procedure is for the police department building. Mr. Wessel also explained the schedule includes further Council actions regarding the selection of the architect and construction manager, acting on the budget, reviewing the preliminary design and awarding the contract. Council Member Kuether asked if there was any way the schedule could be tightened. Mr. Wessel replied it is really tight now. He stated he would look into that possibility but, in actuality, the project might even extend into a Spring construction, 1998, depending on the circumstances. He stated it currently is an aggressive schedule. Council Member Kuether moved to accept the implementation procedure. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 5 • • • COUNCIL MINUTES MARCH 24, 1997 CONSIDERATION OF LAND PROPOSAL IN THE "VILLAGE", BRIAN WESSEL Consideration of Land Contract, Phase I, "Village" - Mr. Wessel explained City staff has been negotiating with Glenn Rehbein for the purchase of a 13.6 acre parcel within the Village. This parcel will enable the City to respond to community needs by controlling the content, quality and pace of development of Phase I of the Master Plan for The Village. Mr. Wessel stated the purchase is on a contract for deed basis similar to the contract for deed the City entered into in the Apollo Business Park which was paid off last year. He continued by explaining the purchase agreement calls for purchasing the land on a 5 -year term with a 30% down payment and the remaining principal and interest due at the end of the term. Mr. Wessel concluded by stating like the Apollo Business Park, the land will be released from Glenn Rehbein as it is sold for development. Mr. Wessel stated he is asking the Council to approve the land contract and authorize the Mayor and City Clerk to execute the purchase agreement. Council Member Kuether expressed confusion with the wording on the first page indicating the 'city can pre -pay without penalty.' Mr. Wessel explained the City can choose to pre -pay, if desired. He said this is not at the request of Mr. Rehbein and is exactly as how things were done with the Apollo Business Park. Council Member Kuether asked if the two statements regarding assessments were conflicting. Mr. Wessel stated they are not and verified that Mr. Rehbein will pay for the water and sewer assessments up through the end of this year. Council Member Kuether then inquired if the assessments are going to be pro -rated. Mr. Wessel stated all assessments that are put together this year are to be the responsibility of Mr. Rehbein, but future improvements as the site develops will be the City's responsibility. Council Member Kuether asked about the amount being assessed to Mr. Rehbein. Mr. Wessel stated, with verification by Mr. Ahrens, that his assessments are in the range of a couple hundred thousand dollars. Council Member Kuether then stated for clarification that Mr. Rehbein is going to pay to get services to the project and the City will pick it up at that point. Mr. Ahrens stated that is correct. Mayor Landers verified that Mr. Rehbein's responsibility will be on the east and west side of Lake Drive (County Road #23), where the City's responsibility is only on the east side. Mr. Ahrens confirmed this statement. Council Member Bergeson stated that this proposal was reviewed by the Economic Development Authority Advisory Board (EDAAB) and endorsed by them. They are recommending approval by the Council. Council Member Bergeson moved to approve the Land Contract, Phase I, and execution of the purchase agreement. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 6 -- COUNCIL MINUTES MARCH 24, 1997 Consideration of Emergency Ordinance No. 06-97, for the Sale of City Owned Property - Mr. Wessel explained the city has been negotiating for many months with Fairview Hospital to locate a clinic on the Rehbein property in the Village. This clinic is considered a vital component to Phase I development. He continued by stating it is imperative that the clinic begins construction in April to meet the schedule it committed to for its doctors and staff. Mr. Wessel stated it will be necessary to close simultaneously on the City's purchase of the Rehbein land and Fairview's purchase of a portion of the City -owned land. Mr. Wessel stated the ordinance requires a 60 -day period before becoming effective. He explained to delay the Fairview project for this amount of time would cause extreme hardship for Fairview and jeopardize the health care delivery partnership with the City. Mr. Wessel continued by stating the City Charter allows for the enactment of an emergency ordinance which waives the second reading and the waiting period if the action is for the preservation of public peace, health, safety or welfare of the community. He emphasized the relationship with Fairview is critical to providing the community with necessary health care services and to the enactment of the City's economic development plan for the Village. Mr. Wessel concluded by asking the Council to approve the emergency ordinance for the sale of City -owned property to Fairview Hospital. Council Member Bergeson asked the City Attorney if this meets the criteria for an emergency ordinance. Mr. Hawkins verified the criteria is being met and the Council does have authority to adopt the ordinance on an emergency basis for those reasons. Council Member Bergeson moved to approve Emergency Ordinance No. 06 - 97. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 06 - 97 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND FIRST READING, Ordinance No. 05 - 97, Allowing Golf Driving Range as Interim Use in Shopping Center District - Mr. Brixius explained that the adoption of Ordinance No. 05 - 97 would provide for the addition of a "golf driving range" as an interim use in the SC, Shopping Center, Zoning District. Mr. Brixius explained City staff recommends approval of the first reading of this ordinance provided Council has determined this to be an appropriate use in that district. He continued by stating staff believes the applicant would experience an unnecessary delay if the City waits to include this provision in the Draft Zoning Ordinance Update which is to be reviewed by the Council in April. Mr. Brixius concluded by stating the Planning and Zoning Board recommended approval of this Draft Ordinance at their March 12, 1997 meeting. PAGE 7 • • COUNCIL MINUTES MARCH 24, 1997 Council Member Neal asked if they are working on the site as dirt has been hauled in. Mr. Ahrens replied that last fall, fill dirt was brought in to level out ruts and depressions but nothing has been done recently. Council Member Bergeson asked about the reference for a time limit on the interim use. Mr. Brixius said the City has already adopted administrative rules for interim use with limits and time frames that include: setting a date with the specific permit for termination; termination of use upon violation of the conditions under which the permit was issued; termination upon change in the City's zoning regulations which renders the use non -conforming; and the termination of use when redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Council Member Kuether asked for further explanation of the termination of use upon change in the City's zoning regulations which renders the use non -conforming. Mr. Brixius stated that in the event the property was re -zoned, then the use would no longer be allowed. Council Member Kuether stated this use is not allowed now. Mr. Brixius concurred and stated this is what the revision would allow for the use of the land in the interim. He said this would allow the City to terminate the use if the land use or zoning district changed. Council Member Bergeson asked what would happen if in a year or two years there is a proposal that fits the SC zone and the City approves it; what takes precedence, the five years to Rehbein or the SC proposal. Mr. Brixius replied that the SC proposal would take precedent. He also stated Mr. Rehbein feels prime development is five (5) years down the road and that's where the five year time frame originated. He stated the Council could change it to a shorter period of time or state that all events listed have equal holdings regarding the termination of use. Mr. Bergeson stated he currently does not have an opinion on the five (5) years but he is concerned that the City not become locked in to exactly five (5) years. Mr. Wessel provided some background information from the Economic Development Authority Advisory Board and stated there is a comfort level with the five years. Council Member Kuether inquired about the golf balls and netting to keep the balls away from the residential area as well as the lighting. She said she read that they would not recommend any lighting because it would encourage night use. This was not included in the draft. Mr. Brixius stated this was correct. This condition was applied to this specific application and if the Council feels that it is appropriate for any general application throughout the City then it should be applied to the ordinance as well. He continued that during the Planning and Zoning Board review, they felt it was required for this application due to its proximity to the freeway and homes to the north. Council Member Kuether then asked for verification that the interim use would not have any lighting. Mr. Brixius stated this is what the applicant is suggesting. He asked the City Council to include this in their recommendation because it does not show up in the Planning and Zoning Board minutes. PAGE 8 COUNCIL MINUTES MARCH 24, 1997 Council Member Kuether then asked on how they are going to contain the golf balls. Mr. Brixius stated this would be determined by Mr. Rehbein with approval, but it would more than likely be mesh fencing similar to other driving ranges. Council Member Kuether asked if the building would fit into any use with its' size. Mr. Brixius answered no. Council Member Kuether then questioned its size and appearance with its' location being right up by Lake Drive with satellites toilets. Mr. Brixius replied the whole idea for interim use is to make sure it does not impede future use and redevelopment. Council Member Kuether than asked if the building required a variance because of its' size. Mr. Brixius replied the ordinance does not have a minimum size requirement for commercial buildings. Council Member Lyden concurred with Council Member Kuether's concern regarding the appearance of the land use as well as Council Member Bergeson's concern with the five (5) year term. He stated it appears that the land owner has the flexibility over the land and not the City. He emphasized the City needs to have a vision because what happens on the north side of the interchange will impact positively or negatively on what will happen on the other side. He stated that he would not be able to comprehend anything beyond a two-year term for the interim use of this land. Mr. Brixius stated the Planning and Zoning Board recommended an option for renewal, so if the time frame was shortened, they could still have an option to renew. Council Member Neal asked why it could not be renewed on a yearly basis. Discussion followed about the type of investment and why it would not be feasible to have a yearly renewal. Mayor Landers asked if the building would be placed on a slab. Jim Manthis, Golf Pro working with Mr. Rehbein, stated it will be on a slab and the design of the building could be redrawn to be more pleasing for the City Council. Council Member Kuether asked if the building has to be located by Lake Drive. Mr. Manthis stated yes because of the orientation of the driving range towards the east. The building will be constructed so when the interim use is up, the building can be relocated. The satellites will be screened with wooden fencing or trees to make them less noticeable. There will not be any lighting for night use. There may be a security light on the Lake Drive side of the building. Mr. Manthis stated one year was not enough time for the ampunt of investment required. They are prepared to move out within a month after two years and there is an agreement that makes provisions for this. He also said that Mr. Rehbein will not hold up future development of Lino Lakes for the sake of a driving range. The driving range will be able to move within one month. Council Member Bergeson stated he would look to the Planner and his recommendation whether this is adequate protection in terms of its' use. Council Member Kuether said to keep in mind not only its' use but its' appearance and location. Council Member Bergeson replied that he does have comments on appearance, but addressing only the length of the interim use, he is not opposed as long as the City is not locked in if a more appropriate use of the land comes along. In regard to the appearance, Council member Bergeson agreed it does not sound beautiful but it still shows the city is alive and doing something. Mayor Landers stated he has the same feelings in regard to the five (5) year term as Council Member Bergeson. He also expressed concern with PAGE 9 COUNCIL MINUTES MARCH 24, 1997 • the size of the building and the use of satellites. He felt this use could hinder the development of the other three (3) areas of the intersection since it would be less attractive to future businesses. • Mr. Wessel stated that the interim use is the reason why many of the appearance issues are being raised (the small building, gravel parking lot and satellites). He stated the approval could be made contingent upon the Town Center Planning Committee signing off on the design, much like how they are currently working with Fairview. Mayor Landers asked why a holding facility could not be used instead of satellites. Mr. Manthis said this was in their original plan but was told the City has an ordinance prohibiting this unless it is of an emergency nature. Mayor Landers asked if something could be added to the motion regarding a holding tank versus satellites. Mr. Ahrens stated he would have to look at the City's Code as well as ordinances keeping in mind that this is for interim use. He stated he believed satellites would still be feasible by coming up with some creative ideas. Mr. Schumacher asked if this could not be addressed right in the ordinance. Mr. Brixius replied the City could look at that type of flexibility as long as it is the Council's desire and an acceptable arrangement for the developer. Council Member Bergeson stated that these all seem to be design issues and that the Village/Town Center has had a lot of design work done. He stated the Council is trusting the Committee to oversee the guidelines and approve the design in that area. Council Member Bergeson stated he feels the Council should trust the Committee to oversee the temporary use of this part of the intersection as well. A motion was not made regarding this ordinance at this time since a motion will be considered with the following item. Consideration of an Interim Use Permit for Golf Driving Range, I-35W/County Road #23 (Lake Drive) - Mr. Brixius explained the Planning and Zoning Board held a Public Hearing on March 12, 1997, which resulted in the recommendation to approve the interim use permit wit,h the conditions outlined in the staff report dated March 6, 1997 and the addition to Condition No. 11 a. that an option for renewal be provided if applicable. He stated that all voted aye with Mr. Robinson abstaining from the vote. Council Member Kuether asked if notices were sent out to all the adjacent property owners to make them aware this was being discussed tonight. Ms. Wyland answered yes and that it was published twice. She stated they received a couple of calls after the first publication in January. Council Member Lyden moved to refer Ordinance No. 05 - 97 to staff for further consideration. Council Member Kuether seconded the motion. Motion carried with Council Members Bergeson and Neal voting no. Mayor Landers verified by a 3 to 2 vote the Ordinance will be automatically tabled. PACrF 10 COUNCIL MINUTES MARCH 24, 1997 Mr. Wessel stated if the ordinance is tabled, it would kill the project because of the timing. He explained the timing issues for the developers with Mr. Manthis agreeing that an April 1St date to start construction is required. Mayor Landers inquired as to what needs to be clarified to have this project move forward. Council Member Lyden reiterated his concerns with the vision the City has for that interchange and approving this interim use. Mr. Wessel reiterated his suggestion that they approve with the condition that the Town Center Committee sign off on the design. Timing was reviewed with the number of readings regarding ordinances, publication and the development issues. Mr. Brixius stated the Council needs to determine first if they want an interim use of the land. If the answer is yes, what conditions should be placed on the interim use. Council Member Neal stated that he voted no because it should not be sent back to staff since they had already approved it. Council Member Bergeson stated the Council could pass the first reading and then "fine tune" it before passing the second reading if that is legal. Mr. Hawkins said this would be proper. Council Member Kuether stated she feels this is not a good use for the property. Mayor Landers stated he has no problem with the usage but his concerns are that the impact of its appearance be minimized. This area is going to be a showcase for the City and he feels that satellites sitting out in the middle of the field are not the best option. Mr. Hawkins pointed out adoption of this ordinance will require a 4/5ths vote and there already are two individuals who do not feel this is the best use of the property. Council Member Bergeson confirmed with Council Members Kuether and Lyden that they do not feel this is the best use of that land. Council Member Lyden stated that this is correct. Council Member Kuether stated she does not have an issue with the golf driving range concept, but she does with the building, satellites and gravel driveway. A discussion followed regarding the placement of the building on the property. Mr. Wessel stated a number of things could be done with the design and stated the he has confidence that the Town Center Planning Committee can work through the design issues that have been raised. Mr. Brixius suggested the motion be tabled on the interim use until a revised site plan is presented to see if all concerns are met. At that time, the second reading and the permit can be addressed. That way there will be no approvals on the application at this time. Mayor Landers asked Council Members if this would be acceptable. Council Member Lyden stated that to him this is a land use issue and his response is still a definite no. PAGE 11 • • • COUNCIL MINUTES MARCH 24, 1997 Council Member Bergeson addressed the City Attorney as to who needs to bring up a reconsideration of a prior motion. Mr. Hawkins replied that it could only be done by a prevailing member, so in this case either Council Member Bergeson or Neal. Council Member Kuether said she does not want to kill the project if there is a chance that design issues could be worked out to her satisfaction. She stated she would be willing to vote yes on the first reading as long as, according to Mr. Hawkins, she has the ability to vote no on the second reading if the changes do not meet her expectations. Mr. Hawkins verified the accuracy of this statement. Council Member Kuether moved to rescind the action of the Council to refer Ordinance No. 05 - 97 to staff for further consideration. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden voting no. Council Member Kuether asked whether the County will approve the access to County Road 23. Mr. Ahrens said they have already responded to that issue. Although they would prefer to see the access off of 77th Street, they realize that it is not practical and will allow access off Lake Drive. The access would be aligned with the driveway across the street so there are no staggered intersections. Council Member Kuether asked if it would have a turning lane. Mr. Ahrens replied that he does not believe the volume of traffic would warrant one. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 05 - 97 with the recommendations from the Planning and Zoning and that no lighting be allowed. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden voting no. Council Member Kuether moved to table the interim use permit until the April 28, 1997. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of MUSA Land Exchange, I-35E/County Road #14 (Main Street), Gerald Rehbein (4/5th Vote) - Mr. Brixius explained that Gerald Rehbein, on behalf of R&R Leasing, has requested a MUSA amendment to remove an 18.08 acre parcel located to the northeast quadrant of County Road 14 (Main Street) and 24th Avenue, east of Interstate 35E, from the MUSA in exchange for placing a 22.12 acre parcel located to the southwest quadrant of Interstate 35E/County Road 14 interchange within the MUSA. He stated that both properties are owned by the applicant. The parcel to the southwest of the I-35E/County Road 14 interchange was within MUSA at one time. However, changes to the MUSA over time removed the parcel from the current MUSA boundaries. Mr. Brixius stated the Planning and Zoning Board recommended approval of the MUSA Land Exchange with the conditions outlined in the Staff Report dated March 6, 1997. Mr. Schumacher clarified this would be a permanent exchange, not temporary. Mr. Wessel confirmed this statement. PAGE 12 COUNCIL MINUTES MARCH 24, 1997 Council Member Bergeson asked if the specific 18.08 acres will be identified. Mr. Brixius stated yes, it will be defined by the property owner. Council Member Lyden moved to approve the MUSA Land Exchange with the conditions outlined in the Staff Report dated March 6, 1997. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of a Site Plan Review and Minor Subdivision, Fogerty II, Apollo Business Park - Mr. Brixius explained Fogerty Investments has submitted a site plan for a three building industrial warehouse development on a 7.61 acre parcel located along Apollo Drive. The applicant is also requesting subdivision approval to preliminary/final plat the subject property as a lot and block versus an Outlot as it is currently platted. He continued by stating the proposed site has three (3) structures, each with five (5) units that will be sold or leased to separate tenants. The subject parcel is zoned GI, General Industrial District. Mr. Brixius stated the Planning and Zoning Board recommended approval of this site plan review and minor subdivision with the conditions outlined in the Staff Report dated March 6, 1997. Council Member Bergeson asked if all three (3) buildings are being built at the same time. Mr. Fogerty replied that Phase III is not on the lot that is being discussed, it is on the lot south. He stated he hoped to construct all the buildings this year. Mayor Landers asked if a site plan review and subdivision can be approved as one. Mr. Hawkins replied they may be approved as one. Council Member Kuether moved to approve the site plan review and minor subdivision for Fogerty II, Apollo Business Park, with the conditions stated in the Staff Report. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of a Site Plan Review, Boe Ornamental, Lilac Street - Ms. Wyland explained that Boe Ornamental Iron, Inc. was established in 1979 and has been located within the City of Lino Lakes since 1980. They have been in their current location since 1983 and expanded the existing pole barn by 50% in 1988. She stated that at this time they are proposing a concrete block addition to the existing building that will be approximately 66 x 60 or 3,960 square feet in area. Ms. Wyland stated the property is zoned General Industrial (GI) and indicated as such on the land use plan. Boe Ornamental Iron does metal fabrication including stairways, dock stairs, spiral staircases, commercial and residential pipe railings and wrought iron railings. They currently employ four (4) people and hope to expand their employee base by two (2) with the proposed addition. PAGE 13 • • COUNCIL MINUTES MARCH 24, 1997 Ms. Wyland continued by explaining the property in question contains 1.54 acres and is approximately 150 feet wide and 450 feet in depth. The site is located next to a street right-of- way that the City is considering vacating as it will not be used for roadway purposes in the foreseeable future. In addition to the proposed construction, Boe Ornamental is interested in constructing an office, warehouse and manufacturing rental building on the adjacent property. She stated the Council will be asked to review that submittal in the near future. Ms. Wyland stated the Planning and Zoning Board recommended approval of this site plan review with the conditions outlined in the Staff Report dated March 14, 1997. Mayor Landers said he was under the impression this area was already serviced by utilities. Ms. Wyland stated there are no sewer or water utilities in the area on Lilac between Fourth Avenue and Apollo Drive. Council Member Kuether moved to approve the site plan review for Boe Ornamental with the conditions stated in the Staff Report dated March 14, 1997. Council Member Neal seconded the motion. Motion carried unanimously. Mayor Landers called a recess at 8:37 p.m. The meeting was reconvened at 8:46 p.m. PUBLIC HEARING, Preliminary Plat Review, the "Village" of the Town Center - Mr. Brixius reviewed the history of this project. He stated to insure proper notification of the revised preliminary plat, the Council is being asked to hold the public hearing on this preliminary plat. The Planning and Zoning Board reviewed a preliminary plat for the entire 51 acre "Village" that has since been redrawn to reflect only the Rehbein property consisting of 13.8 acres. He stated the Planning and Zoning Board recommended approval of the plat with the conditions outlined in the staff report. Council Member Bergeson asked if the dimensions of the streets are wide enough for semitrucks. Mr. Brixius stated the turning radius is adequate and the rights-of-way are more than sufficient. Mayor Landers opened the Public Hearing at 8:56 P.M. Mr. Joel Tagg, 7504 Lake Drive, asked when his entrance is going to be cut off. Mr. Brixius stated his entrance would be redesigned when the street is fully reconstructed and ready for traffic. Mr. Ahrens covered the schedule for reconstruction. Council Member Kuether asked how the interim period will impact Mr. Tagg. Mr. Wessel stated that continued use of that road will be available to Mr. Tagg as well as the clinic until the new road is ready for use. Mr. Tagg asked what happens to his little piece of property that currently gives him access to his home and business after it is cut off. He said it will be worthless. Discussion followed about the correctness of the property lines shown and who actually owns what. Mr. Hawkins stated the PACJF 14 COUNCIL MINUTES MARCH 24, 1997 abstract would have to be looked at to determine who actually owns the property. If it is owned by Mr. Tagg, it would have to be excluded from the plat. Mr. Tagg expressed concern about his lack of notification of this meeting. Ms. Wyland stated a letter was sent to Mr. Tagg's address. Mayor Landers asked how many properties are along the Town Center complex. Ms. Wyland stated she would have to look up that information. Council Member Neal asked if affected residents are notified by certified mail. Ms. Wyland said they are not. She continued by stating the ordinance reads that property owners within 350 feet shall be notified, but failure to provide notification does not invalidate the hearing. The public hearing was published twice and notices were sent to the property owners prior to this meeting. Mayor Landers stated that approximately a year and a half ago, the Council tried to include certified mail in the ordinance but it was voted down at that time. Ms. Wyland stated the ordinance was changed to 600 feet for MUSA expansions and rezonings. The preliminary plat notification requirement was not changed and the certified letter requirement was not made a part of that change. Mr. Schumacher expressed concern that a resident did not receive adequate notice and asked if there are other residents who would want a chance to speak out about this issue. Ms. Wyland pointed out another resident from that area was in attendance earlier and then left. Mr. Wessel pointed out the public hearing was published twice and asked for verification that notification letters were sent. Ms. Wyland stated yes and that she could check and verify that letters were sent. Mayor Landers stated that as long as the City makes a good faith attempt to notify all the residents, it will not invalidate the proceedings. Mr. Tagg expressed concern about his property being devalued. Mr. Hawkins stated the City does not have the right to change his access if he really does own that easement; unless the City chooses to condemn the easement and compensate. Council Member Bergeson asked if it is possible to put in the clinic and continue to use the existing driveway. Mr. Wessel pointed out somewhere along that line the County is going to, sign off on the new entrance to the Town Center. From a planning point of view, most likely it would not be allowed to have two accesses; and the preferred access would be the one shown. Mr. Ahrens concurred with this statement. The access should be as far south as possible for safety issues. Council Member Kuether moved to approve the preliminary plat for the "Village" of the Town Center with the conditions outlined in the Staff Report dated March 21, 1997. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Site Plan Review, Fairview Clinic, the "Village" of the Town Center - Mr. Brixius stated the Fairview Clinic has submitted a request to construct a 9,613 square foot medical facility (first phase) upon a 1.7 acre parcel of land within the Town Center "Village". The development proposal also calls for a 5,000 square foot building expansion, resulting in an PAGE 15 • • COUNCIL MINUTES MARCH 24, 1997 ultimate building size of 14,613 square feet. The site is zoned LB, Limited Business which lists medical clinics as permitted use. Mr. Brixius stated the Planning and Zoning Board recommended approval of the site plan review at their March 12, 1997 meeting with the conditions outlined in the staff report. Mr. Wessel explained that two (2) variances will be needed for this improvement. He said the philosophy on these two (2) variances is to take away the emphasis on Lake Drive. He stated this will provide access to the rest of the area and therefore the Tagg property will be more valuable in the future. Council Member Lyden stated he did not feel clapboard siding or cedar shakes are long-term building materials. Mr. Wessel stated this building will not have either of these materials. Council Member Kuether clarified the variance changes. Mr. Wessel stated this Town Center will ultimately be a special zoning district. Therefore, these variances are being asked for because they fit into what ultimately will be the guidelines for this area. Council Member Bergeson moved to approve the site plan review, minor subdivision and two (2) variances for Fairview Clinic with the conditions stated in the Staff Report. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Minor Subdivision, John Barry, 7058 Sunrise Avenue/Greenbriar - Ms. Wyland informed the Council that Mr. and Mrs. Barry would like to split a 105 x 159 strip of property from their existing 313 x 159 parcel at 7058 Sunrise Drive. The property is Zoned R-1 Single Family and indicated as such on the City's land use map. The utilities are available to serve the new lot and were stubbed to the property line at the time utilities were installed several years ago. The existing lot was connected to sewer and water in 1996. Ms. Wyland reviewed the required City's ordinance for width, depth and area and indicated that this would meet all the requirements of the ordinance. Ms. Wyland explained the Barry's have adequate area to create three separate building sites, however, at this time there is a detached garage that would be located on the middle lot. The City's Zoning Ordinance prohibits the erection of an accessory building prior to the principle building, therefore, staff has recommended the applicant wait until a later date to split the middle lot or remove the accessory building. The Barry's have opted to wait to split off the middle portion of the site. Ms. Wyland indicated the Planning and Zoning Board recommended approval of the minor subdivision with the conditions outlined in the Staff Report dated March 12, 1997. Council Member Kuether moved to approve the minor subdivision for John Barry, 7058 Sunrise Avenue/Greenbriar, with the conditions outlined in the March 12, 1997 Staff Report. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 16 COUNCIL MINUTES - MARCH 24, 1997 Consideration of a Minor Subdivision, Michael Robert Ecker, 6116 Baldwin Road/Oakwood Lane - Mr. Wyland informed the Council that Robert Ecker and Mary Ann McDougal are requesting a minor subdivision of the McDougal property at 6116 Baldwin Lake Road to allow the construction of a single family residence for Mr. Ecker on Oakwood Lane. For City Council information, Ms. McDougal and Mr. Ecker are mother and son. The property is within the MUSA, Zoned R -1X Single Family Executive, indicated as single family on the land use map and serviced by utilities on Oakwood Lane. The McDougal residence is located on the large parcel of land. This property is not currently connected to City utilities. Ms. Wyland stated that property is 5.62 acres in size. The new lot will meet all of the requirements of the Zoning Ordinance with regard to area, width and depth. She indicated that McDougal parcel will be 5.15 acres in area should this subdivision be approved. Mr. Ecker has also provided a sketch plan that indicates how the parcel could be further subdivided at a later date. Ms. McDougal does not wish to pursue this subdivision at this time, but may do so in the future. The sketch plan also appears to meet the requirements of the Subdivision Ordinance and Zoning Code. Ms. Wyland indicated that the City Engineer has determined that the lot to be created can connect to public utilities and should the existing private system serving the McDougal residence fail, they too could connect to public utilities. Ms. Wyland indicated the Planning and Zoning Board recommended approval of the minor subdivision with the conditions outlined in the Staff Report dated March 12, 1997. Council Member Lyden moved to approve the minor subdivision for Michael Robert Ecker, 6116 Baldwin Road/Oakwood Lane, with the conditions outlined above. Council Member Bergeson seconded the motion. Motion carried unanimously. ENGINEERING DEPARTMENT REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 25, Accept Bids and Award Construction Contract for the I-35W/Highway 49 Interchange Commercial Development Trunk Utilities - Mr. Ahrens reported 16 sealed bids were received and opened on Tuesday, February 18, 1997, for the I- 35W/Highway 49 Interchange Commercial Development Area Trunk Utility Improvements. The engineer's estimate was $295,030.00. The high bid was $444,372.50 with the low bid by Bonine Excavating at $260,799.60. Mr. Ahrens discussed the proposed schedule dates. Mr. Ahrens stated staff recommends approval of Resolution No. 97 - 25 and award the contract to Bonine Excavating. Council Member Kuether moved to adopt Resolution No. 97 - 25 and award the contract to Bonine Excavating. Council Member Lyden seconded the motion. Motion carried unanimously. PAGE 17 COUNCIL MINUTES MARCH 24, 1997 11111 Resolution No. 97 - 25 can be found at the end of these minutes. • Consideration of Resolution No. 97 - 32, Order Preparation of Report on Improvements, Ware Road Reconstruction Project (4/5th Vote) - Mr. Ahrens explained that Resolution No. 97 - 32 orders the preparation of a feasibility study to investigate the reconstruction of Ware Road. The study will consider utility concerns, wetland impacts, road section and other issues related to reconstructing Ware Road. He stated it is planned to involve the public as much as practical during the preparation of the report through neighborhood meetings and public hearings. Council Member Kuether asked if the preliminary schedule is part of the resolution. Mr. Ahrens replied that it is not. Council Member Bergeson asked regarding the 4/5th vote. Mr. Hawkins stated it takes 4/5th vote to order the improvements, but at this point it only requires a majority vote (3/5th) for the preparation of a feasibility study. Council Member Kuether moved to adopt Resolution No. 97 - 32. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 32 can be found at the end of these minutes. Consideration of Resolution No. 97 - 33, Order Preparation of Report on Improvements, Lakes Addition Street Reconstruction Project (4/5th Vote) - Mr. Ahrens stated that based on the last work session, it is his understanding that Council would prefer to address the letter to the Charter Commission prior to discussing this resolution. He recommended that this be tabled until a response from the Charter is given in regards to the letter. Council Member Kuether asked if there is enough time to wait. Mr. Ahrens answered yes. Council Member Kuether moved to table Resolution No. 97 - 33. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 34, Request Anoka County to Change "No Parking" limits on Main Street - Mr. Ahrens explained that Resolution No. 97 -34 requests Anoka County to change the No Parking zone along Main Street between Aenon Place and Lake Drive. Currently, parking is restricted from the school entrance to the west property line of Miller's on Main. The request to Anoka County will restrict parking from the school entrance to the east end of the right turn lane. Mr. Ahrens indicated both the Public Works Department and the Police Department have reviewed this request and indicated support of the change. Council Member Kuether asked how many parking places were gained by this change (the signs were removed approximately one week ago). Mr. Ahrens answered six (6) to seven (7) cars. PAGE 18 COUNCIL MINUTES MARCH 24, 1997 Council Member Lyden expressed concern regarding parking in front of resident's homes. Council Member Kuether stated this is where parking has always been, until the garages were torn down. Mayor Landers asked if anyone has talked with the Miller's. Council Member Neal replied that he has and that Mr. Miller is happy with the change. Council Member Nealmoved to adopt Resolution No. 97 - 34. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97 - 34 can be found at the end of these minutes. Consideration of Resolution No. 97 - 35, Accept Roadway and Utility Easements, Centennial Middle School Street and Utility Improvements - Mr. Ahrens explained the easements are required for the construction of the street and utility improvements serving the middle school. Council Member Neal moved to adopt Resolution No. 97 - 35. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 35 can be found at the end of these minutes. Resolution No. 97 - 38, Setting Public Hearing for Marvy Street Utility Improvement Project - Mr. Ahrens stated staff had not requested setting a public hearing prior to allow time to discuss assessment rates for the project. It appears, at this time, that an equitable assessment formula has been developed and staff requests a Public Hearing be set for April 28, 1997, at 6:30 p.m. He also stated that staff is planning a neighborhood meeting prior to the public hearing to address any questions that residents may have. Council Member Lyden moved to adopt Resolution No. 97 - 38. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 38 can be found at the end of these minutes. OLD BUSINESS Consideration of Final Appointments - Mr. Schumacher outlined the appointments that remain to be made for 1997. He also stated a number of appointments have been made to date and those individuals have been notified and materials have been provided to them. Council Member Neal moved to appoint Mayor Landers to the Cable Commission. Council Member Lyden seconded the motion. Motion carried unanimously. PAGE 19 • • • COUNCIL MINUTES MARCH 24, 1997 Council Member Kuether moved to appoint the people listed below in each specified area. Council Member Neal seconded the motion. Motion carried unanimously. Cable Commission Dan Tesch Incumbent Economic Dev. Authority Julie Jeffrey -Schwartz Reappoint Advisory Board Dean Tollefson Reappoint Trails Committee Brian Bourassa Reappoint Centennial Fire Steering Comm. John Landers Incumbent Andy Neal Incumbent Assessor Incumbent Fiscal Agent Springsted Inc. Incumbent Capital Building Committee Chair John Bergeson Incumbent Animal Control Otter Lake Animal Care Ctr Reappoint Vadnais Lake Area Water Management Association Rocky Keehn Incumbent Joint Law Enforcement Agency Andy Neal Incumbent Anoka Cty. Correctional Programs Kim Sullivan Appoint Council Member Kuether moved to appoint Council Member Bergeson as City Council Liaison for the Finance Department. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to appoint Council Member Lyden as City Council Liaison for the Inspection Department. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Bergeson moved to approve the remaining listed department liaison (list follows). Council Member Kuether seconded the motion. Motion carried unanimously. City Council Liaisons PAGE 20 COUNCIL MINUTES MARCH 24, 1997 Department Corresponding Boards Incumbent/Liaison Administration Police Department Engineering/Public Works Solid Waste/Citizens Advisory Groups Mr. Landers Mr. Neal Ms. Kuether Community Development EDAAB / Planning & Zoning Board Environmental Advisory Board Mr. Bergeson Parks & Recreation Friends of the Parks/ Park Board Trail Comm. Inspection Finance Mr. Lyden Mr. Lyden Mr. Bergeson Council Member Lyden moved to table the appointments for the Human Rights Officers until the next work session to allow an open discussion. Council Member Neal seconded this motion. • Council Member Kuether said she felt someone should be in this position until the next work session at least temporarily. Council Member Neal then asked when the next work session would occur. After finding out that it is not for another three (3) weeks, Council Member Neal withdrew his second to the motion. No one else seconded the previous motion made by Council Member Chris Lyden. Council Member Lyden clarified that the person assigned now for the temporary position of the Human Rights Officer would still be voted on again at the work session. Council Member Kuether moved to appoint temporarily, until April 14, 1997, the Assistant to the City Administrator as the Human Rights Officer and the alternates will be discussed at the next work session. Council Member Bergeson seconded the appointment. Motion carried unanimously. NEW BUSINESS REMINDER, Economic Development Authority Meeting, Monday, March 24, 1997, 6:00 p.m. REMINDER, Metropolitan Council/City Council Meeting, Thursday, April 3, 1997, 6:00 p.m. PAGE 21 COUNCIL MINUTES MARCH 24, 1997 • This meeting will take place at the Lino Lakes City Hall. Mr. Wessel explained it is imperative to determine what the Metropolitan Council has in mind for the blueprint for growth. REMINDER, Special Council Meeting for Annual Review of City Administrator, April 9, 1997, 4:30 p.m. REMINDER, Board of Review Set for Monday, April 21, 1997, 6:30 p.m. Consideration of Joint Letter to the Charter Commission from the City Council - Mr. Schumacher reviewed the background for the letter as well as the steps outlined in the letter to the Charter Commission. Council Member Kuether stated she is not comfortable voting to spend large amounts of money and then not have a plan in place to carry this through to the end. Mayor Landers stated if this is voted down in November, the construction season is lost and these roads will not last much longer. Council Member Kuether recommended to change the word "supported" to "provided" in the second to the last paragraph in the letter. Council Member Bergeson moved to adopt the draft letter to be sent to the Charter Commission with the change made by Council Member Kuether. Council Member Neal seconded the motion. Motion carried unanimously. ADJOURN Council Member Neal moved to adjourn at 10:12 P.M. Council Member Lyden seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council Meeting, April 14, 1997. r� ,�� I MariaaYn G. Anderson, Clerk -Treasurer Transcribed by: Sandra Barott PAGE 22 in L. Landers. Mayor 1997 STATE OF THE CITY ADDRESS MAYOR JOHN LANDERS Welcome to those of you in our audience this evening, as well as those of you at home. In response to the rapid growth our community experienced in the early 1990's, the city council sponsored a community visioning program in 1995. The recommendations that came out of 20/20 Vision have been helping to guide the policies and decisions of the council, and our advisory boards. One recommendation, that a survey be conducted, took place in 1996. The survey was important for three reasons: 1. It told us that we are on the right track 2. It identified your concerns 3. It reinforced the 20/20 Vision We were happy to see that 93% rated the quality of life in Lino Lakes as "excellent" or "good". 79% feel the city is headed in the right direction. For the most part, you feel safe, and empowered. You also appreciate the services we provide, from recreation to snowplowing. • • • What are your concerns? Where do we need to concentrate our efforts? The survey identified four major areas: 1. rapid growth 2. lack of industry, 3. lack of service and retail establishments 4. the environment. How are we addressing these concerns? Building permits for new home construction has slowed to 189 in 1996. That is down from 375 in 1993. On the other hand, we had 5 light industrial and 1 commercial projects last year. The city is now selling the last two parcels it owned in the Apollo Business Park. What about service and retail? Plans are for a spring ground breaking for Fairview Clinic. This will be the first project in what we hope will become the centerpiece of our community, the village. Our Community Development Department has been working hard on this project which will combine commercial, professional, public use and housing. It will be pedestrian friendly, and incorporate the natural setting of the site located at 35W and Lake Drive. We hope this will also become a central meeting place, and begin to establish a sense of identity you let us know you are looking for. The natural surroundings has drawn, and will continue to draw new residents to Lino Lakes. In order to manage growth, we need to make sure our planning documents and procedures are up to date. The Planning and Zoning Board have just completed an update of the zoning ordinance. We are also in the middle of an update of our Comprehensive Plan. To help insure our environmental uniqueness is maintained, we created an Environmental Advisory Committee last year. We are currently working with this committee to define its role. In the mean time, this committee is sponsoring informative environmental seminars which are open to the public. I would like to take this opportunity to thank my fellow council members for their hard work throughout the year. As you can see, 1996 was a very busy year, and 1997 will be no different. I would also like to thank all our staff members, as well as our advisory boards and committees: Planning and Zoning Board Park and Recreation Board Economic Development Authority Advisory Board Citizens Advisory Group Environmental Affairs Committee Comp. Plan Task Force Friends of the Parks Trails Committee and Town Center Committee members This is a very exciting time for the residents of Lino Lakes. Over the next couple of months, watch for the opening of the new middle school, and join • • us for the Earth Day celebrations on April 19th, as well as our annual recycling day on May 3rd. • to Council Member Bergeson introduced the following Ordinance and moved its adoption: ORDINANCE NO. 06-97 AN EMERGENCY ORDINANCE AUTHORIZING THE SALE OF PROPERTY The City Council of the City of Lino Lakes hereby ordains as follows: Legislative Findings of Fact The City of Lino Lakes, Minnesota, has recently approved a Master Plan for the 75 -acre Village within the Lino Lakes Town Center on I-35W/Hwy 49 in Lino Lakes. This Master Plan was developed to further the City's general plan of economic development within the community. The City has recently negotiated with a landowner to purchase a 13.6 -acre parcel within the Village. The City finds it to be in its best interest to complete this land contract to control the content, quality and pace of development within the Village. The City also has facilitated the location of a Fairview Hospital Clinic on a portion of the parcel it is acquiring. The schedule for construction of the clinic requires that the sale of the property to Fairview Hospital and Healthcare Services and the issuance of a building permit must transpire within the next 30 days. The location of the clinic in Lino Lakes is viewed by the City as an improvement to the health and welfare of its citizens as well as a critical component to the City's overall economic development plan. Under Section 12.05 of the Lino Lakes City Charter, no real property of the City shall be disposed of except by Ordinance. A City Ordinance requires two readings and a 60 -day waiting period before the Ordinance can be enacted. The City finds that reasonable measures must be taken to protect the public interest by enacting this Ordinance as an emergency Ordinance under Section 3.06 of the City Charter: The real property legally described as Lot 1, Block 1, The Village No. 1 (the "Property") is to be owned by the City of Lino Lakes (the "City") upon closing on Monday, April 14, 1997. The city council for the City has determined that sale of the Property to Fairview Hospitals is in furtherance of the Master Plan for the Village and will not be needed by the City for any other public purpose. • • • II. The city council of the City authorizes sale of the Property to Fairview Hospital and Healthcare Services for $190,575. The mayor and city clerk -treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in accordance with the requirements of the city charter. This ordinance shall be in full force and effect upon its passage by a majority of Council Members at the March 24, 1997 City Council meeting and shall be in force until the transfer of property from the City of Lino Lakes to Fairview Hospital has been completed. Passed by the Council of the City of Lino Lakes this 24th day of March 24 , 1997. Marilyn G. Anderson, City Clerk -Treasurer John L. Landers, Mayor Motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said Ordinance was declared duly passed and adopted. Council Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97 - 25 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - 35W/49 INTERCHANGE COMMERCIAL DEVELOPMENT AREA TRUNK UTILITY IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the construction of the 35W/49 Interchange Commercial Development Area Trunk Utility Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Bonine Excavating S. R. Weidema S. J. Louis Construction R. P. Utilities Northdale Construction Annandale Contracting Ryan Contracting Arcon Contracting Burschville Construction Richard Knutson G. L. Contracting C. W. Houle Barbarossa & Sons Redstone Construction Kadlec Excavating Bid Amount $260,799.60 $298,429.34 $299,957.00 $316,179.34 $321,050.70 $345,725.50 $360,684.00 $366,979.90 $367,004.00 $368,553.63 $378,242.10 $380,920.50 $401,660.10 $426,840.40 $444,372.50 AND WHEREAS, it appears that Bonine Excavating, Inc., is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Bonine Excavating, Inc., 12669 Meadowvale Road, Elk River, Minnesota 55330, in the name of the City of Lino Lakes for the construction of the 35W/49 Interchange Commercial Development Area Trunk Utility Improvements according to the plans • • and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 24thday of March, 1997. Marilyn G. Anderson, Clerk -Treasurer . 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, Kuether, Lyden, Neal, Landers. The following voted against same: None. 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 March :24 1997. C:th�L.1 1 l Marilyn G. Anderson, Clerk -Treasurer • Council Member Kuether introduced the following resolution and moved its adoption: RESOLUTION NO. 97 - 31 RESOLUTION REGARDING REPRIMAND WHEREAS, on October 14, 1996 the City Council adopted a motion to place a letter of reprimand in the file of an city employee; and WHEREAS, the City Council has reviewed the specific proposed letter, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes as follows: 1. The City Council hereby approves the proposed letter of reprimand to be placed in the file of the employee in question, as discussed at the October 14, 1996 City Council meeting. 2. The Mayor is directed to sign the letter of reprimand on behalf of the City Council and to place a copy of the letter in the employee's personnel file, along with a copy of this Resolution. Adopted by the Lino Lakes City Council this 24th day of March, 1997. Jo)(n L. 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, Kuether, Neal, Landers. The following voted against same: Council Member Lyden Whereupon said resolution was declared duly passed and adopted. • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-32 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENTS - WARE ROAD RECONSTRUCTION PROJECT. WHEREAS, it is proposed to improve Ware Road between Ash Street and Birch Street by constructing sanitary sewer systems, water supply systems, storm sewer systems, installing curb and gutter and reconstructing street and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and the Lino Lakes Charter, Chapter 8. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to the City Engineer, or his assigns, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 24th day f March, 1997. John . Landers, Mayor a\dit.1J2..2r Marilyn G. Anderson, Clerk -Treasurer 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, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. • Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-34 RESOLUTION REQUESTING CHANGE TO "NO PARKING" LIMITS ON MAIN STREET WHEREAS, a property owner has requested that parking be allowed on a portion of Main Street, and WHEREAS, Main Street has sufficient width to accommodate parking on the shoulder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: request that Anoka County change the No Parking limits on Main Street to allow parking from the start of the right turn lane for Aenon Place to Lake Drive. Adopted by the City Council this 24th day of - rch, 1997. ,:hn L. Landers, Mayor av_LA401,_ Marilyn G'. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 24 , 1997. Marilyn G. Anderson, Clerk -Treasurer • • Council Member Neal its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 97 - 35 RESOLUTION WHEREAS, pursuant to resolution of the council passed by the council on May 13, 1996, the Centennial Middle School Street and Utility Improvement was ordered; and, WHEREAS, utility easements are needed to construct the improvements; and, WHEREAS, property owners along said improvement have agreed to execute a Permanent Easement that will accommodate the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. authorize and direct the City Clerk to sign said Easements Adopted by the Lino Lakes City Council this 24th day of March, 1997. • Ma ' lyn G. = nderson, Clerk -Treasurer i Jo,� 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, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-36 RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. The City Council of the City of Lino Lakes (the "City") established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and conferred upon it responsibility for economic development within Lino Lakes. 1.02. The City approved a tax increment financing plan (the "Plan") for Tax Increment Financing District No. 1-7 on May 22, 1995. 1.03. In the past the TIF Plan has been modified to assist improvements within Tax Increment Financing District No. 1-7. 1.04. In response to a recent development proposal from Lino Lakes Business Center Phases 2, 3, 4, 5, the Authority and the City have authorized the preparation of a modified Plan, which is contained in a document entitled "Modified Tax Increment Financing Plan for Tax Increment Financing District No. 1-7" dated March 24, 1997 and on file with the clerk -treasurer. 1.05. Copies of the modified Plan have been forwarded to Independent School District Nos. 12 and 834 and Anoka County along with notice of a public hearing to be held by the City on March 24, 1997. 1.06. The Authority has adopted the modified Plan and referred it to the City for public hearing and consideration as provided by Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act.") 1.07. The City has fully reviewed the contents of the modified Plan and has on this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings; Modification of Plan. 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of Tax Increment Financing District No. 1-7 and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, • • • that the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance and to enlarge Tax Increment Financing District No. 1-7. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the modified Plan could not reasonably be expected to occur solely through private investment within the reasonable foreseeable future and that therefore the use of tax increment financing is necessary. 2.03. The modified Plan conforms to the general plan for development of the City as a whole. 2.04. The proposed public assistance to be financed largely through tax increment financing are necessary to permit the City to realize the full potential of Tax Increment Financing District No. 1-7 in terms of development intensity, employment opportunities and tax base. 2.05. The modified Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the area by private enterprise. Section 3. Approval of Modification; Filing. 3.01. The modified Plan is hereby approved. The modified Plan incorporates by reference the original Plan and all subsequent modifications except as this modified Plan explicitly or by reasonably necessary implications conflicts with the original Plan or previous modifications. 3.02. The geographic boundaries of Tax Increment Financing District No. 1-7 are affected by this modification and are described in the modified Plan. 3.03. The Authority is requested to file a copy of the modified Plan with the Minnesota state auditor as required by the TIF Act. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy of this resolution to the Authority. 3.05. The Authority is authorized and directed to contact the Anoka County auditor and request that the tax capacities of the parcels added to the TIF District as a result of this modification be reflected in the original tax capacity of the TIF District. DATED: March 24 , 1996 ATTEST: Marilyn G. Anderson Clerk -Treasurer John L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by member Neal and upon vote being taken thereon, the following voted in favor Bergeson, Kuether, Lyden, Neal, Landers. thereof: and the following voted against same: None . Whereupon said resolution was declared duly passed and adopted. • Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-37 RESOLUTION CALLING FOR PUBLIC HEARING ON THE MODIFICATION OF THE PLANS FOR TAX INCREMENT FINANCING DISTRICT NO. 3-1 WHEREAS, the Lino Lakes Economic Development Authority (the "EDA") intends to modify the Tax Increment Financing Plan (the "Plan") for Tax Increment Financing District No. 3-1 ("TIF District No. 3-1 "); and WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") and sections 469.124 through 469.134 (the "City Development District Act") requires that the city council of the city of Lino Lakes (the "City") hold a public hearing on the modified Plan for TIF District No. 3-1, following approval thereof by the EDA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. The city clerk -treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on Monday, April 28, 1997 at 6:30 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. The city clerk -treasurer is hereby authorized and directed to notify Independent School District No. 624 and Anoka County at least 30 days prior to the public hearing and to invite their comments on the modified Plans. 3. The city staff and consultants are authorized and directed to take any and all • other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: March 24, 1997 ATTEST: �J r . C.'� C Z91 Marilyn G. Anderson, Clerk -Treasurer John L. Landers, Mayor 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, Kuether, Lyden, Neal, Landers. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. • • • • Council Member Kuether resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 97-38 introduced the following A RESOLUTION REDESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1997-1998. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1997-1998 in the amount of $35,770.00 ($36,770.00 less $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka County Community Action Program, and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and The City Council supports the Forest Lake Youth Service Bureau and its goal of providing service to the communities youth, and The City Council supports the Meals on Wheels program, designed to provide food to homebound seniors and handicapped individuals, and The City Council supports the Rise program, designed to provide assistance to area residents with physical and/or mental disabilities,and The City Council supports the ARC of Anoka and Ramsey Counties program, designed to provide advocacy and support to people with developmental disabilities and their families, and The City Council supports the continuation of the Senior Citizens Center Coordinator program which has been funded through C. D. B. G. funds since its inception, and WHEREAS, The City has an adopted ADA plan and the plan recommends that the council chambers have an Assisted Listening Device system and to improve current trail systems within the City of Lino Lakes, and Page 2 Resolution 97-38 NOW THEREFORE BE IT RESOLVED: 1 That the Lino Lakes City Council hereby requests that $4,500.00 of its 1997-1998 C.D.B.G. funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that $4,500.00 of its 1997-1998 C.D.B.G. funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1997-1998 C.D.B.G funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that $4,500.00 of its 1997-1998 C.D.B.G funds be designated towards the Forest Lake Youth Service Bureau program. 5. That the Lino Lakes City Council hereby requests that $2,211.00 of its 1997-1998 C.D.B.G funds be designated towards the Meals on Wheels program. 6. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1997-1998 C.D.B.G. funds be designated towards the Rise program, to go towards the purchase of a van. 7 That the Lino Lakes City Council hereby requests that $1,000.00 of its 1997-1998 C.D.B.G funds be designated towards the ARC of Anoka and Ramsey Counties program. 8. That the Lino Lakes City Council hereby requests that $1,482.00 of its 1997-1998 C.D.B.G. funds be used in support of the Senior Citizen Coordinator program, designed to promote the center's programs. 9. That the Lino Lakes City Council hereby requests that $15,577.00 of its 1997-1998 C.D.B.G. funds will be designated towards the ADA program to purchase an Assisted Listening Device for the council chambers and to improve current trail systems within the City of Lino Lakes. 10. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. • • • Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-40 RESOLUTION CALLING FOR PUBLIC HEARING ON THE MODIFICATION OF THE PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 TO EXPAND THE BOUNDARIES OF THE DISTRICT AND TO ESTABLISH TAX INCREMENT FINANCING DISTRICT NO. 1-8 WHEREAS, the Lino Lakes Economic Development Authority (the "EDA") intends to modify the program for Development District No. 1 (the "District") to expand the boundaries of the District and to establish Tax Increment Financing District No. 1-8 ("TIF District No. 1-8"); and WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") and sections 469.124 through 469.134 (the "City Development District Act") requires that the city council of the city of Lino Lakes (the "City") hold a public hearing on the expansion of the District and the establishment of TIF District No. 1-8, following approval thereof by the EDA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. The city clerk -treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on Monday, April 28, 1997 at 6:30 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. The city clerk -treasurer is hereby authorized and directed to notify Independent School District No. 12 and Anoka County at least 30 days prior to the public hearing and to invite their comments on the expansion of the District and establishment of TIF District No. 1-8. 3. The city staff and consultants are authorized and directed to take any and all other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: March 24, 1997 ATTEST: Marilyn G. Anderson, Clerk -Treasurer John L. Landers, Mayor 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, Kuether, Lyden, Neal, Landers. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. •` • • • Page 3 Resolution 97-38 Adopted by the Lino Lakes City Council this 4th Day of March, 1997. John . Landers, Mayor Marilyn G. Anderson, City Clerk/Treasurer The motion for the 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, Kuether, Lyden, Neal, Landers. and the following voted against same: • None. Whereupon said resolution was declared duly passed and adopted. • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97- 39 RESOLUTION CALL HEARING ON IMPROVEMENT - MARVY STREET AND LEONARD DRIVE UTILITY IMPROVEMENTS. WHEREAS, pursuant to resolution of the Council adopted February 10, 1997, a report was received with reference to the improvement of Marvy Street between Sunset Road and Jon Avenue and Leonard Avenue between Marvy Street and the Bradley Street by constructing water main and sanitary sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Section 8 of the Lino Lakes City Charter at an estimated cost of the improvement of $806,730.00. 2. A public hearing shall be held on such proposed improvement on the 28th day of April, 1997, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 24th day of Marc,, , 1997. i ma=y Marilyn G. Anderson Clerk -Treasurer n L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers The following voted against same: none. Whereupon said resolution was declared passed and adopted. • •