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HomeMy WebLinkAbout04/28/1997 Council Minutes• COUNCIL MINUTES APRIL 28, 1997 CITY OF LINO LAKES MINUTES DATE : April 28, 1997 TIME STARTED : 6:37 P.M. TIME ENDED : 10:20 P.M. MEMBERS PRESENT : Kuether, Landers, Lyden, Neal MEMBERS ABSENT : Bergeson Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; Recycling Coordinator, Jackie Constant; Senior Accountant, Paula Schloer; and Clerk -Treasurer, Marilyn Anderson. Council Member Lyden requested Agenda Item 7.A., Police Department Report, be removed from the agenda. Mayor Landers added the following items under New Business: F. Request for Meeting; G. Arbor Day Award; and H. Letter of Warning. The agenda was approved as revised. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM MINUTES, April 14, 1997 DISBURSEMENTS: April 28, 1997 ($96,160.88) Centennial Fire District, April 17, 1997 ACTION Approved Approved Approved Warranty Deed for Outlot A, Country Lakes Estates Approved OPEN MIKE Presentation of Plaques to City Employees Jon Rector and Marilyn Anderson for 20 Years Employment with the City, Mayor Landers - Mayor Landers presented plaques of PAGE 1 COUNCIL MINUTES APRIL 28, 1997 appreciation to City Employees Marilyn Anderson and Jon Rector in recognition of their 20 years of employment with the City of Lino Lakes. PUBLIC HEARING, MARVY STREET/LEONARD STREET UTILITY IMPROVEMENT, DAVID AHRENS Mr. Ahrens reviewed that on March 24, 1997, the Council called for a public hearing for April 28, 1997, to solicit comments from staff and property owners regarding the installation of sanitary sewer and watermain on Marvy Street and a portion of Leonard Drive. This public hearing is required per Minnesota State Statutes 429 and the Lino Lakes Charter. He advised a feasibility report was prepared by John Powell of TKDA, Inc., and accepted by the Council on February 10, 1997. A neighborhood meeting was held on Wednesday, April 16, 1997, where staff and Mr. Powell presented information regarding the project including assessments, hookup requirements, the City Charter and scope of project. Approximately 30 residents attended and expressed concern about the assessment amounts, connection fees, and the cost of the work that would need to be done to connect their home to the service stubs. Mr. Ahrens explained tonight is only the public hearing with no action being requested of Council. If there are outstanding issues, the Council can continue the public hearing to a future meeting. If not, the public hearing can be closed and the 60 day waiting period begins. At its conclusion, the Council can order the improvement if they find this project benefits the City. He advised the residents can petition for or against this project and noted the lack of MUSA in this area. Mr. Ahrens also noted this is a project which can be seen as accommodating future need to replace septic systems. He stated this is a unique project in that most utility projects are a result of development of land. However, in this case, the project was initiated as a result of staffs awareness of some septic system problems in this area. Rather than rebuilding septic systems, staff investigated the possibility of extending sewer and water into the area. John Powell, TKDA, Inc., presented the project which consists of constructing sanitary sewer and watermain from Apollo Drive through an existing Outlot, to Marvy Street and then along Marvy Street and north on Leonard Drive to Bradley Street. He reviewed the past improvement to extend a trunk utility line north of Apollo Drive. He explained the alignment of the proposed sanitary sewer watermain improvements, and location of fire hydrants. Mr. Powell provided a detailed review of the project cost, including engineering fees, easement acquisition, and contingencies for a total estimated project cost of $806,730. Per the City Public Improvement Financing Policy, the City is responsible for costs associated with over sizing and constructing sanitary sewer and watermain at extra depth that will serve property apart from the project area. The estimated cost to the City for this work is estimated at $250,000 with funding from the City's Area and Unit Fund. Subtracting the City portion of the project cost from the total project cost leaves $556,730 assessed to property owners. It is estimated that a total of 60 potential future homes can be built in the project. Mr. Powell noted the lots in this area are oversized and staff proposes each lot be assessed for one typical residential unit. He reviewed the sanitary sewer area charge for a .25 acre lot at $1,983 per acre is $496, the Sanitary Sewer Unit Charge is $859, the Watermain Area Charge is $529, the Watermain Unit Charge is $1,387 PAGE 2 • COUNCIL MINUTES APRIL 28, 1997 and the Surface Water Management charge for a lot of 10,800 square feet is $1,004 for a total of $4,275. Mr. Powell reviewed the anticipated time table indicating the project could be ordered on July 14, 1997, advertisement for bids on August 25, 1997, opening of bids on September 19, 1997, award of contract on September 22, 1997, completion of final street restoration by May 15, 1998, with the assessment hearing held in October of 1998. Council Member Neal stated a resident asked if they would be charged if they do not want to connect to this improvement. Mr. Ahrens explained without the MUSA you must demonstrate failure of the septic system to connect. If utilities and MUSA are in place, it is at the property owner's discretion of when to connect. However, some mortgage companies do require connection during the sale of the property. Per the City's current ordinance, connection to one utility requires connection to the other. Mr. Ahrens advised the residents can maintain connection to their water well for irrigation purposes. Council Member Kuether stated her impression that this policy had been changed to not require connection to both sanitary sewer and watermain. Mr. Ahrens stated while this had been discussed by the Council, the policy was not formally changed. Council Member Neal inquired regarding the term for payment. Mr. Ahrens explained assessments are proposed to be assessed over a 15 -year term and assuming an interest rate of 7.5%, the annual assessment amount is approximately $1,530 per year. Council Member Kuether asked if MUSA can be extended to allow residents to sell their extra lot to cover the assessment costs on both lots. Mr. Ahrens stated this is an option if MUSA is extended into this area. Council Member Kuether asked if the 30% added for engineering administration and contingency is an estimate. Mr. Powell explained it is common practice to add 30% to the estimate. Mr. Powell noted one factor which will affect these properties is the location of the house and how far it is set back from the property line. He advised the cost for this connection is over and beyond the assessment to the property. Mr. Ahrens reported he did reach one contractor who indicated the cost is $16.50 per foot to install two service lines. Mr. Powell reported that water and sewer permits (about $110 each) are also required as well as a Met Council SAC charge of $900 plus $50 per year after this point in time. Mr. Ahrens reported on one property where a SAC charge was previously paid and may not have been reimbursed. If not reimbursed, he recommended the SAC charge be waived for that property. Council Member Lyden inquired regarding the time frame for MUSA extension. Mr. Ahrens estimated late 1998 or 1999. Council Member Lyden asked if the administrative fees are for in- house work. Mr. Powell stated it is mostly in-house cost for administration of the assessment, PAGE 3 COUNCIL MINUTES APRIL 28, 1997 including the public hearing and bonding. He advised a 30% charge is standard against developments. Council Member Lyden inquired regarding the balance of the Area and Unit fund. It was noted the balance is about $5 million. Mr. Powell explained this fund was established for and used to cover costs for deeper sanitary sewers and other issues which benefit a wider or larger area. Mayor Landers opened the public hearing at 7:17 P.M. Tom Bilder, 7382 Sunset Road, asked what will be done for existing homes which recently upgraded their septic system. He reported he just upgraded his septic system at a cost of $7,000. Mr. Ahrens explained that properties with new systems which are operating properly would not be assessed until connection is made to the utilities. Homes with new systems may not need to connect for 20 to 30 years. Mayor Landers clarified that if the septic system does not ever fail, the property owner will not ever be required to connect. Lynn Schaar, 17 Marvy Street, stated she just purchased her house in May and as part of the purchase, was required to bring the septic system up to code which cost $9,000 plus $1,100 to upgrade the well. She reported they did call the City Hall about the timeline for extending utilities into this area and was assured by City staff that utilities were voted down for this area. Ms. Schaar stated she does not want utilities extended to her property and expressed concern that the Charter could be changed which would require connection. Mr. Ahrens explained that staff was contacted by a property owner experiencing septic problems and rebuilding the septic system. This made staff aware of potential problems in this area with other properties. So, staff investigated the alternative of extending sewer and water into this area. He commented on the high expense of installing a mound system, continuing inspection fees, and permits. Mayor Landers advised the Council is not able to change the Charter, only a majority of the registered voters in Lino Lakes can do so. Mr. Bilder asked what happens to the assessment fee for those properties that are not required to connect. Mr. Powell explained typically the assessments are based on lots served by the improvements and connecting right away. He noted the two components to the assessment, lateral assessments and area and unit charge, and advised the area and unit charge will increase each year based on the construction cost index. Mr. Powell stated if one-half of the property owners will not connect, the Council may decide it is not financially feasible to proceed and carry that cost. Steve Nyhus, 4 Marvy Street, inquired regarding how interest is calculated on the assessments. Mr. Ahrens explained it is calculated similar to a loan and would be certified to Anoka County PAGE 4 COUNCIL MINUTES APRIL 28, 1997 for collection through taxes. He noted the interest rate may increase depending on the year the connection is made since the current interest rate is used. Mr. Nyhus stated he contacted a plumbing company which indicated dewatering may be a problem if the conditions are similar to today. Mr. Ahrens agreed this is a consideration. Mr. Powell explained this will vary depending on recent rainfall and snow depth. With regard to the interest rate to be charged, he clarified it is 2% points over the bonding rate. Steve Leese, 74 Marvy Street, inquired regarding the option of reducing assessments to allow them to pay one-half up front and the remaining one-half when the property is sold. He stated the proposed assessment is a high amount. Council Member Kuether asked what would happen if the property is never sold. Council Member Neal explained he did purchase a home whereby he assumed the assessment fee and it was again passed onto the new buyer when he sold. Mr. Leese asked about the process for lot splits. Council Member Kuether explained the property owner would have to make application. Darrell Phillips, 158 Marvy Street, asked why the City adds 2% to the interest rate above the bond. Mr. Powell stated this has always been the City's practice and policy. Mr. Ahrens added all cities add to the bonding rate to cover their costs. Mr. Phillips noted tax payers are always paying on these bonds and he questions the need to add 2%. Mr. Schumacher noted the significant cost to the City associated with the sale of bonds and explained a portion of the 2% goes to cover a portion of that high cost. Council Member Lyden asked if there are other creative means to fund this project, other than bonding, such as using some of the Area and Unit Fund. Mr. Ahrens stated he would need to discuss this with the Finance Director to determine whether it is a viable option. Council Member Kuether agreed it would be nice to be able to do this but she would oppose establishing a precedence and questioned what would happen when the next area is improved. She noted this is not the first area under this type of consideration. Mr. Powell noted the City is already proposing to pay $246,000 from the Area and Unit Fund to bring the project cost down to $560,000. In addition, it is proposed to assess these oversized lots for only a typical residential lot of 10,000 square feet. He noted the 25 possible future home services are also being subsidized until the time in the future when MUSA is extended and the lots subdivided. Mr. Powell stated a project has never been assessed this way before (subsidized and lowering to typical residential lot size) which brings the cost down to a level manageable for the property owners. • Sara Weinke, 7442 Leonard Avenue, asked if construction of the proposed improvements will impact their existing systems. Mr. Ahrens noted there may be a potential impact to wells during PAGE 5 COUNCIL MINUTES APRIL 28, 1997 the dewatering process. The contractor will be required to provide temporary service until the well comes back after the dewatering. Ms. Weinke stated she appreciates paying on a smaller square footage and commented on residents' ability to afford their property with these added costs. She noted that Leonard Street ends at Lilac Street and stated she does not understand why the project would be stopped at Bradley Street . This will cause construction impact again in the future when it is extended. Mr. Powell explained the project has to stop some place. Mr. Powell noted that per State Statutes 429, the City's ability to assess is limited to the increased appraised value of the property which receives the benefit. If there is no increase in the appraisal, the City cannot assess a random amount. He stated another option is to hold the assessment hearing prior to ordering construction of the project. This is done often where there is question about benefit or resident support. Mr. Leese said the Anoka County Assessor told him properties with operating septic and water systems will not benefit from this project at all and the market value will only increase if there are buildable sites. Council Member Kuether noted the difference in establishing resale evaluation. Mr. Powell commented on the need for cities to inspect septic systems and maintain data on pumping. Cindy Kelch, 7442 Sunset Road, explained her house faces Sunset Road and is 375 feet from Leonard so if her septic system fails and they are forced to connect, it will be very expensive. She questioned whether they would even be able to sell their house. Ms. Kelch stated they purchased this property because they want to live on a 2.5 acre lot and do not want to subdivide. Mr. Ahrens stated perhaps it could be determined the utilities in Leonard Drive are not feasible available since they are so far away. Ms. Kelch asked if they would not be required to connect for the same reason. Mr. Ahrens stated the property owner would have complete control over this but if the property is sold, the mortgage company may have requirements. Council Member Neal pointed out if the utilities are not available, they would have to repair their system. Ms. Kelch asked if they will be allowed to repair their system if the improvements are installed and their system fails. Mr. Ahrens stated he does not know if the service can be physically constructed due to depth concerns. If it is determined that the utilities have to be constructed very deep, the homeowner would be allowed to rebuild their system. Ms. Kelch asked if they would have to pay for the cost to connect over this distance, should they decide to do so. Mr. Ahrens stated this is correct, the cost of the actual connection from the stub to the house is beyond the assessment cost. PAGE 6 • COUNCIL MINUTES APRIL 28, 1997 Mr. Powell stated another consideration if the property is set back quite a distance, is to provide an easement which would still allow a future subdivision of the lot. Ms. Weinke stated she had the impression that utilities would not be extended into her neighborhood unless the MUSA was extended first. She added that she purchased a larger lot because she wants to live on a larger lot and is not interested in subdividing. Marilyn Lindman, 7482 Leonard Avenue, asked how many residents are and are not interested in connecting. Mr. Ahrens explained this will be answered through the petitioning process and he assumes those in support will have an existing septic problem. He stated he could send out a letter asking for an indication whether the property owner will or will not connect at this time. Ms. Lindman asked at what point the Council will determine it is not wise to proceed. Mr. Ahrens stated this is at the discretion of the Council. Mr. Ahrens stated he is aware of two septic system problems but would need to research the pumping records to determine if there are more. Ms. Lindman asked if the City would not be better off if the neighborhood got together to help the two failing systems rather than having all assume the cost of the improvement. Mayor Landers reported one resident with a failing system was told by the State of Minnesota he would need to install an expensive experimental mound system (estimated at $10,000) which would require an annual inspection at a cost of $1,000 per year. • Council Member Kuether noted if one property owner is experiencing this type of problem, it can • be assumed other properties in this general area will experience the same. Council Member Lyden noted that one homeowner cannot rebuild on his site and asked regarding the number of potential properties that may fall into this same type of situation. Mr. Ahrens stated he did not know and would have to research this further. Council Member Lyden suggested there may be a "cheaper fix" to this one problem septic system. Kevin Schintgen, 59 Marvy Street, noted the City just sent out a notice requiring residents to pump their septic system every two years He reported he had no problems with his septic system for 15 years but called out someone to pump the septic system. The pumper said there was no problem with his septic system. He said this is a friendly neighborhood and he wants it to stay that way. Mayor Landers said the letter recently sent out about pumping the septic system was driven by a Met Council requirement. Debrah McCluskey, 7931 Leonard Avenue, presented a petition with nineteen names opposing the improvement, eight on Leonard Avenue and eleven on Marvy Street. She asked if there will be a 3% charge added onto the assessment between the time the assessment is levied and the connection made. Mr. Ahrens explained the 3% relates to the construction price index. Mr. Powell said there is an automatic increase of 2% to 4% per year (construction price index annual adjustment) which is based on the City Charter. He explained this results in the resident PAGE 7 COUNCIL MINUTES APRIL 28, 1997 paying the current cost for service. Mr. Ahrens said this prevents residents from buying something at what it cost, say, ten years ago. Ms. McCluskey asked why the improvements are not extended into an adjacent area and whether it would be cheaper to wait until the entire area is served. She stated she was told that this would be cheaper. Ms. McCluskey also asked why this entire process was started when it was not petitioned. Mr. Ahrens explained the Council could decide to limit the area of service but cannot expand it beyond what was included in the feasibility report. He estimated there may be a minimal saving if this project was extended one more block. Ms. McCluskey raised the option of extending the improvement down Sunset Road. Mr. Powell explained there are no trunk utilities off Sunset Road and if those property owners petitioned for service, the alignment would be the same. It was noted service could be provided from the City of Blaine, if approved by them. With regard to economy of scale, Mr. Powell explained there can be a cost savings but it is a matter of where you stop the project to gain an economy of scale. He noted since this is not a petitioned improvement, a 4/5's majority vote of the Council is required to proceed. Diana Turner, 7404 Sunset Road, asked if this is ever presented again, will residents have the opportunity to address SAC charges at an R-1 lot rate. Mr. Ahrens explained this was proposed by staff but if it is turned down, a future project may be in a different form or operating under a different Assessment Policy. Ms. Turner asked if this is the cheapest proposal that will be offered. Mr. Ahrens stated his goal was to provide the cheapest option to residents that was still in the best interest of the City. He believes that goal was met. There being no further public input, Mayor Landers requested Council direction as to whether the public hearing should be closed or continued. Council Member Kuether asked if the public hearing should be closed if the Council wants appraisals conducted. Mr. Powell explained that closing the public hearing will trigger the waiting period and time Council has to act. Mr. Ahrens advised that between 60 days and one year, at the conclusion of the public hearing, the Council must make a decision on the project. He noted the Council has up to one year to make a determination and appraisals can be conducted within that time period. City Attorney Hawkins clarified the public hearing must remain open for sixty days to allow residents to file petitions. Based on the input received tonight (majority in opposition), he questioned the wisdom of spending funds to obtain appraisals. If a petition of 51% in opposition is submitted, the project cannot proceed. An unidentified resident noted a petition has already been circulated and signed so he does not see the need to spend funds to send out cards to determine whether residents are for or against the project. He asked if this petition carries any weight with the Council. PAGE 8 • • COUNCIL MINUTES APRIL 28, 1997 Council Member Kuether moved to close the public hearing at 8:27 P.M. Council Member Lyden seconded the motion. Motion carried with Council Member Neal abstaining. Mayor Landers called for a recess at 8:28 P.M. The meeting was reconvened at 8:43 P.M. CONSIDERATION OF SECOND READING, ORDINANCE NO. 08 - 97, REPEALING SECTION 507 AND REPLACING SECTION 507 WITH ORDINANCE NO. 08 - 97, JACKIE CONSTANT Ms. Constant explained the Solid Waste Advisory Committee was instructed by the Council to adopt an ordinance to include organized collection. At the April 14, 1997, meeting, the Council adopted the first reading of Ordinance No. 08 - 97. Ms. Constant explained that since the first reading, the following wording has been added to Section 9 addressing the hours of operation: "with the exception of the following holidays falling on a weekday: Thanksgiving Day, Christmas Day, new Years Day, Memorial Day, July 4th, and Labor Day where the 7:00 a.m. to 6:00 p.m. hours would apply on Saturday." Ms. Constant reviewed the changes included in Ordinance No. 08 - 97 addressing organized collections and said the Council will be granted authority to enter into a contract to collect and dispose of all refuse originating from residential property, the licensed contractor will be responsible for the billing, the hours of operation within the City have been changed to read start time of 7:00 a.m. instead of 6:00 a.m. with limited hours of 9:00 a.m. to 4:00 p.m. on Saturdays, and due to the obligation of the licensed contractor to provide a service to the residents of the City, the City must ensure payment to the licensed contractor by the certification of past due accounts over 90 days. The City will assess the past due fee along with an administration fee to cover the administration costs of issuance of payment to the licensed contractor. Lastly, the insurance limits to the licensed contractor have been increased to one million dollars for bodily injuries or death to one person, three million dollars for any one accident and/or death to one or more persons, and a total of one million dollars liability for damages of property of others arising out of an accident. Ms. Constant advised the Solid Waste Advisory Committee recommends adoption of this ordinance. Council Member Neal asked about communication between the resident and hauler. Ms. Constant explained most of the communication will be directly with the hauler. Council Member Kuether moved to adopt the SECOND READING of Ordinance No. 08 - 97 as amended in these minutes. Council Member Lyden seconded the motion. Motion carried unanimously. Ordinance No. 08 - 97 can be found at the end of these minutes. CONSIDERATION OF A WELLNESS PLAN, PAULA Schloer Ms. Schloer explained members of the Safety Committee have explored different wellness program ideas that the City could make available to its regular full- and part-time employees and the Council. She explained the types of testing and screening that will be conducted by North PAGE 9 COUNCIL MINUTES APRIL 28, 1997 Fitness Plus and recommended it be conducted on-site once per year at a cost of $80 per year paid by the City. Ms. Schloer advised other options are a free wellness seminar offered through the City's Employee Assistance Program; offering pre -approved Lino Lakes Recreation programs at no cost; and allowing the exchange of sick leave for health club membership cost, up to a certain value. Ms. Schloer advised the Wellness Program would be a voluntary program and employees will not be required to participate. Council Member Lyden asked if Section 4 of Option 4 should be omitted since the idea is to encourage, not discourage people. He noted an employee may be interested in only one activity and he does not want to discourage that activity if the facility does not offer diverse activities. Council Member Neal moved to approve the Wellness Plan, Options 1-4. Mayor Landers declared this motion out of order since the Council is still discussing options. Council Member Kuether stated she would also support amending Section 4 of Option 4 with regard to the health club needing to provide diverse activities. Council Member Neal moved to approve the Wellness Plan, Options 1-4, amending Option 4 to not include Section 4, which states the health club must offer a diverse number of exercise activities. Council Member Kuether seconded the motion. Ms. Schloer suggested the sick leave option start July 1, 1997, to provide adequate staff time for implementation. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL PUBLIC HEARING, Modify Plan for Tax Increment Financing District 3-1, (Clearwater Creek) - Mr. Wessel said that earlier this evening, the EDA adopted the modification of this plan to provide public assistance for the construction of GNW Machine, Inc. along with its sister company, Uptec Automation in the Clearwater Creek Development Center. Anoka County and White Bear School Districts have been notified regarding the modification. Mr. Wessel recommended the Council open the public hearing. Mayor Landers opened the public hearing at 8:57 P.M. There being no public input, Mayor Landers requested a motion to close the public hearing. Council Member Neal moved to close the public hearing at 8:57 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 48, Adopting the Modified Plan for Tax Increment Financing District No. 3-1 - Mr. Wessel said the proposed resolution finds the modification of PAGE 10 • COUNCIL MINUTES APRIL 28, 1997 TIF District 3-1 allowing the City to provide tax increment financing assistance to Northern Development LLC (GNW Machine, Inc.) has been determined to be in the best interests of the City. Council Member Kuether moved to adopt Resolution No. 97 - 48. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 48 can be found at the end of these minutes. PUBLIC HEARING, Modify Program for Development District 1, to Expand the Boundaries of the District and to Establish Tax Increment Financing District No. 1-8 - Mr. Wessel said that earlier this evening, the EDA adopted the modification of Development District No. 1 and the Plan for TIF District No. 1-8 to provide financial assistance for redevelopment projects in the City. Anoka County and Centennial and Forest Lake School Districts have been notified regarding the modification. Mr. Wessel recommended the Council open the public hearing. Mayor Landers opened the public hearing at 9:00 P.M. There being no public input, Mayor Landers requested a motion to close the public hearing. • Council Member Kuether moved to close the public hearing at 9:00 P.M. Council Member Lyden seconded the motion. Motion carried unanimously. • Consideration of Resolution No. 97 - 49, Adopting the Modified Program for Development District No. 1 and Establish Tax Increment Financing District No. 1-8 - Mr. Wessel explained the resolution finds that the modification of the Development District to expand the boundaries of the district, and the establishment of a Redevelopment TIF District, has been determined to be in the best interests of the City. Council Member Lyden moved to adopt Resolution No. 97 - 49. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 49 can be found at the end of these minutes. The Police Department Report, Agenda Item 7.A. was removed upon adoption of the agenda. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Revised Preliminary Plat, Behm's Century Farm - Ms. Wyland said this request is for approval of a revised preliminary plat increasing the number of lots from 42 to 49 by developing a cul-de-sac off Appaloosa Lane which creates seven new lots. The Planning and Zoning Board held a public hearing on April 9, 1997, to review this item and recommended approval with ten conditions. She reviewed the development history of this property and advised the proposed seven lots meet lot frontage and square footage requirements. She advised the proposed plat PAGE 11 COUNCIL MINUTES APRIL 28, 1997 meets requirements of the Rice Creek Watershed District and the Planning & Zoning Commission recommends approval subject to: 1. Submission and subsequent approval of the MUSA expansion, which includes the subject property, from the Metropolitan Council. 2. Roadway construction plans must be submitted. Said plans are subject to review and approval of the City Engineer. 3. The cul-de-sac be shortened by 20 feet in order for all lots to meet the City's minimum lot depth requirement. 4. The proposed cul-de-sac is named in accordance with the City's street naming plan. 5. Drainage and utility easements are provided along all lot lines and placed over designated wetland areas. This item should be subject to review and approval by the City Engineer. 6. The submitted utility plan shall be subject to review and approval of the City Engineer. 7. A grading and drainage plan be submitted. Said plan shall be subject to review and approval by the City Engineer. 8. A wetland mitigation plan is submitted subject to approval by the Rice Creek Watershed District and City Engineer. 9. All park dedication requirements as determined by the City Park Board are satisfactorily met. 10. Comments of other City staff. Council Member Kuether moved to approve the revised preliminary plat for Behm's Century Farm subject to ten conditions. Council Member Neal seconded the motion. John Johnson, applicant's consulting engineer, suggested an alternative to extend the back lot line of Lots 4 and 5 by twenty feet rather than shortening the cul-de-sac. It was noted this option does not reduce the lot frontage for these two lots. Ms. Wyland agreed this will resolve the lot depth issue. Mr. Johnson added that the adjacent large lot with the wetland area is in excess of several acres and still has adequate building area. Council Member Kuether moved to approve the revised preliminary plat for Behm's Century Farm subject to ten conditions and revising Condition 3 to indicate: In order for all lots to meet the City's minimum lot depth, Lots 4 and 5 will be extended by 20 feet rather than shortening the cul-de-sac by 20 feet. Council Member Neal seconded the motion. In response to Council Member Lyden, Ms. Wyland provided an explanation of how square footage is determined. Motion carried unanimously. Site Plan Review & Minor Subdivision, GNW Machine - Ms. Wyland advised GNW Machine is requesting site plan review and minor subdivision to facilitate the construction of a 40,000 square foot office/warehouse with a 12,000 square foot expansion area. The property is located on the north side of Cedar Street just north of the entrance to the Clearwater Creek residential development. Ms. Wyland reviewed the development history and site plan review of this PAGE 12 COUNCIL MINUTES APRIL 28, 1997 property. Staff recommends approval of the site plan review and minor subdivision with twelve conditions. Ms. Wyland advised the Planning and Zoning Board reviewed this site plan and minor subdivision at their April 9, 1997, meeting and recommends approval subject to the following conditions: 1. Proper building permits be obtained prior to any construction on the site. The building permit shall include a deposit of 1% of construction costs to insure completion of all site improvements. 2. The applicant sign a development agreement and post financial guarantees as specified by the City prior to issuance of the building permit. 3. The City Engineer shall review and approve the grading, utility and drainage plans. 4. Roof top heating and ventilating units shall be screened and/or blended with the design and coloring of the building. 5. The parking area shall be supplied with adequate handicapped spaces as provided by ADA Rules and Regulations. 6. Permits be obtained from the RCWD for grading and on-site ponding, if required. 7. Signage shall comply with the City Sign Ordinance and proper permits obtained. 8. The Developer shall participate in the reconstruction of Cedar Street at a cost to be determined by the City Engineer. • 9. A park dedication fee shall be collected as outlined by the Subdivision Ordinance. 10. Concrete curb, gutter, and bituminous paving shall be provided for all access driveways and parking areas. 11. The site plan shall reflect a minimum 50' setback from Cedar Street and the landscaping plan shall be enhanced along Cedar Street as determined by the City Forester with particular attention to screening headlights from the residential district to the south. 12. Low cut-off lights shall be used in the parking lot. Lights in the parking lot and on the wall pack of the building shall be directed downward to prevent reflection into neighborhood residential areas. • Ms. Wyland noted there are two action items, consideration of the site plan and consideration of the minor subdivision. Mr. Wessel said the economic development group is excited at the prospect of GNW Machine and believes they are the type of company that falls within the quality set for the Clearwater Creek development. He introduced representatives present in the audience and suggested resident Karen Cunningham be allowed to raise concerns of the residential area to the south. Karen Cunningham, 2310 East Cedar Street, stated her neighborhood has drastically changed over the past several years and she desires to have it maintained as a quiet neighborhood. She expressed her concern about impact from noise of traffic during the night, vehicle headlights, lighting from the building and parking lot (should be directed downward), number of times Cedar Street has been torn up and deteriorating condition of the gravel roadway, need to complete roadway improvements prior to start of school this fall, drainage towards her property, PAGE 13 COUNCIL MINUTES APRIL 28, 1997 need to enforce the newly adopted Noise Ordinance, and to assure no blowing rubbish. Ms. Cunningham noted these issues have been raised before and are common sense issues which will make the residential area nicer. She urged the Council to assure adequate landscaping and lessen the impact to the residential properties. With regard to drainage, Mr. Ahrens explained he will meet with Ms. Cunningham about the drainage plans to assure she is comfortable with it. He added the City can assure all work on Cedar Street is completed prior to the start of school to avoid conflicts with the school bus schedule. Council Member Lyden noted this is where people will work and is adjacent to a residential area. He stated there are things the City can do to lessen that impact and noted the berm along Cedar Street. Council Member Lyden noted that a heavily landscaped berm will address issues with light and headlights. Peter Hilger, project architect, stated they will place a berm along Cedar Street and will delineate that on the plan. He agreed a combination of landscaping and berming will do a great deal to soften the impact. Jim Wahlstrand, one of the owners of GMW Machine, advised they do operate two shifts with the second shift comprised of only four to five employees who work in the rear of the building. He explained the office staff works 8:00 a.m. to 4:30 p.m. and the manufacturing operation is quiet due to their precision machining. He added there is very little truck traffic and all work is conducted inside the building. Council Member Neal asked if residents will be invited to view the operation. Mr. Wahlstrand stated this facility will be quite attractive. He added they plan to host an open house and will include the immediate neighbors. Ms. Cunningham stated some of the issues she raised are beyond the applicant's property but it will help as long as they abide by the landscaping requirements. She asked if this business has nighttime semitruck deliveries. Mr. Wahlstrand stated they have a small fraction of truck traffic. Mr. Hilger stated the landscape and lighting issues are acceptable to the applicant and they will work with staff to satisfactorily resolve those issues. Council Member Lyden asked if they can construct a berm that is eight feet high. He noted this area is about 30 feet wide and should be able to accommodate such a berm. Mr. Hilger explained that to assure adequate access for maintenance, a 4:1 slope is needed for an eight foot berm which would require 64 feet of property. He noted that the petitioner does not own the entire 30 foot width in that area. PAGE 14 COUNCIL MINUTES APRIL 28, 1997 • Council Member Lyden asked if the building could be moved farther north to create more area for the berm. Mr. Hilger pointed out they already meet the setback requirements. • • Ms. Wyland advised the Planning & Zoning Commission addressed landscaping and the City Forester will work with the applicant to design an adequate berm and landscaping. Mr. Hilger suggested varying the height of the berm and using various landscaping species to provide variety and soften the berm. He advised the berm will be approximately four feet high which will adequately shield headlights and provide a slope which is conducive to maintenance. Council Member Neal moved to approve the site plan review, GNW Machine, subject to twelve conditions. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve the minor subdivision, GNW Machine, as submitted. Council Member Neal seconded the motion. Motion carried unanimously. Final Plat, "Village #1" - Ms. Wyland said that the Council approved the preliminary plat for the Village Plat No. 1 at the March 24, 1997, meeting. Utilities are underway to serve this plat and road work should begin in June. She advised the final plat document has been reviewed and approved by the City Attorney and Anoka County so staff recommends approval of the final plat document. It was noted approval of this final plat document is necessary to facilitate the eminent construction of the Fairview Clinic building. Mr. Wessel reported the Town Center Committee approved the name to be "The Village." Council Member Kuether moved to approve the final plat of "Village No. 1." Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING, Ordinance No. 03 - 97, Sale of City Property - Ms. Wyland informed the Council that at the April 14, 1997, meeting, the Council approved the sale of Lot 4, Block 3, Lexington Park Lakeview to ACCAP for $10,000. Staff recommends approval of second reading. Council Member Lyden moved to adopt SECOND READING of Ordinance No. 03 - 97 as presented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 03 - 97 can be found at the end of these minutes. ENGINEERING DEPARTMENT REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 47, Approving Traffic Control Signal Agreement with Anoka County, 49/23 Intersection Project - Mr. Ahrens explained that on October 9, 1995, the Council approved a Traffic Control Signal Agreement between the State of Minnesota, Anoka County, and Lino Lakes for the signal system located at the intersection of Lake Drive, Hodgson Road, and North Road. Since that time, the State portion of Hodgson Road and Lake Drive has PAGE 15 COUNCIL MINUTES APRIL 28, 1997 become the jurisdiction of Anoka County. Since the State is no longer responsible for its portion of maintenance of the signal system, the Traffic Control Signal Agreement needs to be revised to include Anoka County and Lino Lakes. It was noted the City will no longer be responsible for maintenance of the traffic control signal but is responsible for electrical costs and maintenance of the luminaire hardware. Mr. Ahrens recommended adoption of the proposed resolution. Council Member Kuether moved to adopt Resolution No. 97 - 47. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 47 can be found at the end of these minutes. CONSIDERATION OF THE SECOND READING, ORDINANCE NO. 07 - 97, AMENDING SECTION 203, CITY COUNCIL COMPENSATION, RANDY SCHUMACHER Mr. Schumacher advised that no changes have been made to the proposed ordinance since the first reading. He noted the Council has not received an adjustment to compensation for about four years and the proposed resolution provides an automatic cost of living increase each year. It also provides a special meeting adjustment. Council Member Neal moved to adopt the SECOND READING of Ordinance No. 07 - 97 as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Ordinance No. 07 - 97 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION. 97 - 46, REIMBURSEMENT TO HOUSING AND REDEVELOPMENT AUTHORITY (HRA) MEMBERS FOR MEETINGS, RANDY SCHUMACHER Mr. Schumacher noted that in October of 1995 the Council adopted a resolution creating a Housing and Redevelopment Authority pursuant to the HRA Act. At that time, however, the Council did not establish a compensation rate for members of the HRA. He said the City Attorney researched this matter and found that Minn. State. 469.011 does allow reimbursement for each commissioner up to $55 for regular and special meetings of the HRA. However, a commissioner who is also an elected official may receive the daily payment for a particular date only if they do not receive any other daily payment for public service on that date. Mr. Schumacher stated staff recommends adoption of the proposed resolution. Council Member Lyden moved to adopt Resolution No. 97 - 46. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 46 can be found at the end of these minutes. PAGE 16 COUNCIL MINUTES APRIL 28, 1997 • CONSIDERATION OF PUBLIC WORKS PROBATIONARY EMPLOYEE, RANDY SCHUMACHER • Mr. Schumacher explained the probationary Public Works employee will not be going to regular full-time status. The department will determine whether any former applicants are available on a temporary basis and the vacancy has been posted. Council Member Kuether moved to authorize staff to not offer regular full-time employment to a probationary public works employee. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF RENTAL AGREEMENT, VIBRATORY PLOW PROGRAM, RANDY SCHUMACHER Mr. Schumacher explained the proposed rental agreement with Anoka County is for the use of a vibratory plow which is used for the control and suppression of oak wilt. It was noted the fee for the use of this plow is a one-time charge of $500 and a charge of $50 per hour. Council Member Neal asked if this program has reduced oak wilt. Mr. Schumacher reported it has been a very successful project with good results. Mayor Landers noted the City of Lino Lakes received an award last year for having the lowest level of oak wilt in Anoka County. Council Member Neal moved to enter into the rental agreement with Anoka County for the use of a vibratory plow. Council Member Lyden seconded the motion. Motion carried unanimously. CONSIDERATION OF HIRING A PART-TIME UTILITY BILLING/FIXED ASSET CLERK, RANDY SCHUMACHER Mr. Schumacher advised the City has gone through the recruitment process for a part-time, Utility Billing/Fixed Asset Clerk. The City received 56 applications, first and second interviews were conducted, and staff recommends the hiring of Linda Francis for this position effective May 5, 1997. Council Member Neal moved to extend an offer of employment to Linda Francis, effective May 5, 1997, contingent upon reference checks. Council Member Lyden seconded the motion. Motion carried unanimously. CLERK -TREASURER'S REPORT, MARILYN ANDERSON Consideration of Arbor Month Proclamation - Ms. Anderson advised that Lino Lakes has taken an active part in the annual Arbor Day celebration at Lino Lakes Elementary School for PAGE 17 COUNCIL MINUTES APRIL 28, 1997 several years. Staff recommends the Council approve a proclamation declaring May as Arbor Month. Council Member Lyden moved to approve the Arbor Month Proclamation. Council Member Kuether seconded the motion. Motion carried unanimously. The Arbor Month Proclamation can be found at the end of these minutes. OLD BUSINESS Consideration of Appointment of Pat Huleman to the Friends of the Parks Foundation - Mayor Landers explained the appointment of Pat Huleman to the Friends of the Parks Foundation was delayed to allow time for the Foundation to interview him. This interview has been completed and a letter of appointment confirmation sent to Pat Huleman. NEW BUSINESS Consideration of Addendum to the LLMA Contract - Mr. Schumacher reported a petition was received from the Lino Lakes Management Association to add the Park and Recreation, and Police Department Office Manager to their bargaining unit as supervisory employees. Their salary and benefits will not be collectively bargained until the end of the current contract (December 31, 1998). He advised that due to the nature of his employment, the Public Works Superintendent has also requested the Council consider a take-home vehicle policy for his position. He recommended adoption of the proposed addendum. Council Member Neal moved to approve Appendix F, Addendum to the LLMA Contract. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Sending a Donation to East Grand Forks, Minnesota - It was noted the City Attorney has indicated consideration of this type of donation is allowable. Council Member Neal reported on the various cities which are making similar contributions. He recommended a donation of $5,000 be considered. Council Member Kuether commented on the number of donations that have already recently been made and suggested that it is not possible to help everyone with tax dollars. Mr. Schumacher advised Anoka County Emergency Services is in the process of coordinating a program for municipalities and organizations within the County to participate in providing a variety of assistance. Council Member Kuether stated her preference to participate through that program. Council Member Neal stated he would like Lino Lakes to be the first to contribute, which will draw positive recognition towards the City. PAGE 18 • COUNCIL MINUTES APRIL 28, 1997 Council Member Kuether stated she needs to think about this issue. Council Member Neal moved to approve a donation of $5,000 from the Council Undesignated Fund for Special Projects to East Grand Forks, Minnesota for flood relief. The check will be sent to the Crookston Bank. Council Member Lyden seconded the motion. Motion carried unanimously. REMINDER, Special Council Meeting, May 12, 1997, 5:30 P.M. to 6:15 P.M., City Audit Review REMINDER, FIRST READING, of the Text Amendment to the Zoning Ordinance will be held on Monday, May 12, 1997. Request for Meeting - Mayor Landers explained a letter of grievance was filed in relation to a reprimand and the issue was raise that he should meet with Ms. Goering to discuss this issue but that will put her back on the payroll. Mayor Landers stated it should not take long to discuss a letter of appeal and requested Council direction. Council Member Lyden asked if this issue should be discussed with the entire board. Mayor Landers stated he has no problem with this but since it is a data privacy issue, a closed session would have to be scheduled. Council Member Kuether suggested a committee of two Council Members be appointed. Council Member Neal stated he would prefer to have Mayor Landers meet with Ms. Goering but if two are needed, he would volunteer. Mayor Landers explained staff indicated the individual's supervisor should handle the grievance. Council Member Lyden stated in this case, he supports the meeting to be scheduled with the entire Council. Mayor Landers stated he will contact Ms. Goering, schedule a date, and report back to the Council. Arbor Day Award - Mayor Landers advised he will be unable to attend and accept the Arbor Day Award and asked who would be available. Council Member Neal stated he will attend to accept the award. Letter of Warning - Mayor Landers distributed a letter from Kent Sulem, League of Minnesota Cities Attorney, regarding the scope of a city's authority to discipline a council member. He requested no discussion until after he had read the letter from Mr. Sulem and a letter he wrote regarding behavior which is out of order and out of line. After the reading, he requested that the individual mentioned be the last to speak to the issue. PAGE 19 COUNCIL MINUTES APRIL 28, 1997 Mayor Landers then read in full the letter from Mr. Sulem which indicated there is little that the City can do to control a council member other than to issue public reprimands but they should take steps to protect the City from potential liability for damages to an employee and on behalf of the employee. Mr. Sulem suggested the Council should make it clear that the City does not condone the council member's allegedly abusive behavior, should adopt a policy recognizing that no one council member has the authority to order a City employee to do anything or to take any action against an employee, and that it might be advisable to consider a general code of conduct for council members. He also suggested the City establish a procedure whereby any employee feeling abused by a council member or public official can report the perceived abuse and that the policy include a provision that after the perceived abuse has been reported, the employee may seek permission to avoid contact with the person creating the problem (hanging up phone, walking away from personal confrontation). Mayor Landers then read in full the letter he wrote addressed to Council Member Lyden which informed Council Member Lyden that he (Mayor Landers) would not tolerate this type of behavior and advising of the need to get permission from the chair if he (Council Member Lyden) wishes to speak at a meeting. The letter also addressed the need for professional behavior without the use of intimidation and urged Council Member Lyden to review the City's harassment policy and State data privacy rules. The letter concluded by urging Council Member Lyden to work together with the Council as a team on issues that are facing Lino Lakes. Mayor Landers stated this Council does not condone Council Member Lyden's behavior or harassment towards some City employees and City officials. He stated he talked with the City Attorney prior to the meeting tonight about these letters and he indicated it falls within what the League of Cities is recommending. Mayor Landers said the letter has also been approved by the other two Council Members. Council Member Kuether asked when she approved it. Mayor Landers stated he showed this letter to her at the Town Center Meeting. Council Member Kuether stated the letter was mentioned but she did not see it or approve it. Mayor Landers apologized for this misrepresentation. Council Member Neal stated he has no comment. Council Member Kuether stated it does not do anyone any good for the Council to argue. She noted the Council will not always agree but it is counter productive to fight or have conflict that is evident to the public. She stated this is not healthy for the Council and they won't be as productive if they have to work under those conditions. Council Member Neal stated the Mayor is to be in charge of the meetings and if this is not happening, steps should be taken. Mayor Landers suggested Council Member Lyden "play by the rules" and advised there is a lot of good information from the League and seminars that would be worthwhile to attend. PAGE 20 • • COUNCIL MINUTES APRIL 28, 1997 Council Member Lyden stated he is dumbfounded and amazed, and finds it incredible that because he has a different opinion, the Mayor would feel intimidated. He apologized for intimidating the Mayor and stated he will remain true to his ideals in taking this office and if the Mayor does not like what he has to say, it's not necessarily his problem. Mayor Landers commented the discussion at the budget hearing is a good example in that Council Member Lyden was accusing different staff members and harassing numerous times. He stated he does not care for a lot of things Council Member Lyden has to say but when told he is out of order, he expects Council Member Lyden to stop taking and listen to what is being told. Council Member Lyden asserted the Mayor is trying to cut him off and not let him finish his statement. Mayor Landers explained if Council Member Lyden's comments are not on topic, then he will be cut off repeatedly. Council Member Lyden stated he has nothing to add. ADJOURN Council Member Neal moved to adjourn at 10:20 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council Meeting, May 12, 1997. Marilyn G. Anderson, Clerk -Treasurer Transcribed by: Carla Wirth TimeSaver Off Site Secretarial PAGE 21 L. Landers, Mayor Councilmember Lyden introduced the following ordinance and moved its adoption. CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 03-97 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES OF LOT 4, BLOCK 3, LEXINGTON PARK LAVEVIEW The City of Lino Lakes, Anoka County, Minnesota, Does ordain: I . The real property described as Lot 4, Block 3, Lexington Park Lakeview is owned by the City of Lino Lakes. The City Council of the City has determined that the property is no longer needed by the City for any public purpose. II. The City Council of the City authorizes sale of the property to Anoka County Community Action Program (ACCAP) for $10,000. The mayor and city clerk/treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to sell the property. Proceeds from this sale shall be directed to the City's Housing and Redevelopment Authority for their use. II. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. J hn Landers, Mayor ATTEST: Marilyn G. Anderson, Clerk/Treasurer • • • PAGE -2- ORDINANCE NO. 03 - 97 The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers and the following voted against same: None, Council Member Bergeson was absent. Whereupon said ordinance was declared duly passed and adopted. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 07 - 97 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY INCREASING THE SALARIES OF THE MAYOR AND CITY COUNCIL MEMBERS AND AMENDING THE PER MEETING FEE FOR ADDITIONAL COUNCIL MEETINGS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I . The City Code of the City of Lino Lakes, Section 203.01, Subdivision 1 is amended as follows: Pursuant to the provision and allowance of Minnesota State Statute 415.11, the salary of the Mayor of the City of Lino Lakes shall be five thousand one hundred dollars ($5,100) and the salary of each council member shall be four thousand eighty dollars ($4,080) for the year beginning January 1, 1998. Salaries for each of the next four (4) years shall be as follows: YEAR MAYOR COUNCIL 1999 $5,253.00 $4,202.00 2000 $5,411.00 $4,328.00 2001 $5,573.00 $4,458.00 2002 $5,740.00 $4,592.00 These salaries have been adjusted to reflect a 3% annual increase. II. The City Code of the City of Lino Lakes, Section 203.01, Subdivision 3 is amended as follows: Whenever extra meetings are called and attendance is required by all members of the City Council over and above the two (2) regularly scheduled meetings, members will be compensated for a maximum of four (4) extra meetings per month at a rate of forty dollars ($40.00) for each meeting. Council members will be required to attend at least •y ORDINANCE NO. 07 - 97 Page -2- 50% of each meeting for compensation. Each member must sign a voucher proving their attendance for reimbursement. III. This ordinance shall be effective January 1, 1998. Passed by the City Council of Lino Lakes this 28th day of April Maril n G.Aeiderson - Clerk Treasurer , 1997. Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Kuether and upon vote being taken thereon, the following voted in favor thereof: xuether, Lyden, Neal, Landers. The following voted against same: None, Council Member Bergeson was absent. Where upon said resolution was declared duly passed and adopted. • Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES Ordinance No. 08-97 AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OR REFUSE AND SOLID WASTE IN THE CITY OF LINO LAKES; ESTABLISHING AND PROVIDING FOR THE IMPOSITION AND COLLECTION OF FEES FOR COLLECTION SERVICES; OTHER MATERIALS; PROHIBITING UNAUTHORIZED COLLECTION AND FAILURE TO SEPARATE RECYCLABLE AND OTHER MATERIALS; AND PROVIDING PENALTIES FOR VIOLATION. 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. POLICY. SECTION 2. PURPOSE AND INTENT SECTION 3. DEFINITIONS SECTION 4. GENERAL REGULATIONS SECTION 5. DISPOSAL REQUIREMENT SECTION 6. REQUIRED SOLID WASTE COLLECTION SECTION 7. APPROVAL OF CONTRACTORS SECTION 8. CONTRACT FOR RESIDENTIAL REFUSE COLLECTION_ SECTION 9. DUTIES AND OBLIGATIONS OF THE LICENSED CONTRACTOR. SECTION 10. RATES AND CHARGES. SECTION IL EXCLUSIVE USE. SECTION 12. SOLID WASTE COLLECTION SCHEDULE AND VACANCIES. SECTION 13. CONTAINERS. SECTION 14. UNLAWFUL DEPOSIT. SECTION 15. VIOLATION. • • • SECTION 16. EFFECTIVE DATE. The motion for adoption of the foregoing ordinance was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was duly passed and adopted. THIS ORDINANCE WAS INTRODUCED AND READ in full the 14, 1997 day of April, 1997 PASSED by the City of Lino Lakes this 28th day of April, 1997. A full and complete ordinance can be obtained by contacting Jackie Constant at 780- 3772 ext. 179. property from time to time designated as such by resolution of the City Council. h. Mixed Municipal Solid Waste. "Mixed municipal solid waste" means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, except as provided in paragraph (b). (b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams, but does include source -separated compostable materials. i. Residence. Each separate household and/or each unit in an apartment building or mobile home park. J• Yard Waste. Organic plant materials collected from yards or gardens including leaves, grass clippings, vines and stalks. k. Residence or Residential. In this ordinance, residence or residential means dwellings or structures providing dwelling for two or less families or separate individuals, i.e., multiple residences of one or two dwellings OR any dwelling or structure providing dwelling for any number of families or individuals. 1. Multiple Residence. A dwelling or structure providing dwelling for three or more families when used in this ordinance, i.e., multiple residence of three or more dwellings. m. Residential Refuse. Mixed Municipal Solid Waste originating from residential property. n. Dwelling Unit. A separate dwelling place with a kitchen. o. Residential/Commercial. Any residence where a commercial or industrial enterprise, providing products or service, is carried on by the owner or occupant which involves the general public on the premises. For future reference. • • p Solid Waste. "Solid Waste" means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used for fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 as amended. q Business Establishment or Commercial. Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches and non-profit organizations and governmental agencies or where goods are sold or services performed. It shall mean any commercial or industrial enterprise, providing products or service, which is carried on by the owner or occupant which involves the general public on the premises. Multiple dwelling units of three or more dwelling units located in commercial districts in the Official Lino Lakes Zoning Map shall be classified as "business establishment" or "commercial" under this ordinance. Construction waste or demolition debris is "business establishment" or "commercial." Mobile Home Parks shall mean commercial in this ordinance. SECTION 4, GENERAL REGULATIONS. a. Any unauthorized accumulation of refuse is a nuisance and is prohibited. b. Refuse in Streets, etc. No person shall place any refuse in the street, alley or public place or upon private property, except in proper containers, for collection or other lawful disposal. No person shall throw or deposit refuse in any stream or other body of water. c. Scattering Refuse. No person shall deposit anywhere within the City any refuse in such manner that it may be carried or deposited by the elements upon any public place or any other premises within the City. d. Burying of Refuse. No person shall bury any refuse in the City, except in an approved sanitary landfill. This subdivision does not prevent anyone from composting. e. Composting of Refuse. Residents may compost leaves, grass clippings and other easily biodegradable garbage on their own premises. f. Burning of Refuse. No person shall burn any refuse in the City, except as allowed from time to time by duly adopted amendments suspending this ordinance. g Ashes. All cold ashes must be in burnable containers such as plastic bags, paper bags, etc. SECTION 5. DISPOSAL REQUIRED. Every owner or occupant of residential property shall, in a sanitary manner, store and dispose of refuse that may accumulate upon property owned or occupied by him in accordance with the terms of this ordinance and Lino Lakes, Minnesota Ordinance No. or Lino Lakes Nuisance Ordinance No. 900. SECTION 6. REQUIRED SOLID WASTE COLLECTION. Pursuant to Minnesota Statutes 115A.941, every person who owns or occupies property within the City for business, commercial or residential purposes shall contract for collection service for mixed municipal solid waste, as defined herein, which may accumulate upon such property at least once a week, with a hauler licensed to do business in Anoka County and Lino Lakes. SECTION 7. APPROVAL OF CONTRACTORS Subdivision 1. Residential Solid Waste Collection License It shall be -unlawful for any person, firm, or corporation to collect solid waste in the City of Lino Lakes, Minnesota, without first entering into a written contract with the City Council of • • • • Lino Lakes, Minnesota. No more than one contractor or solid waste collector shall be permitted to do business within the city limits at any one time. Subdivision 1A.Commercial Solid Waste Collection License No person shall collect solid waste or recyclable from commercial establishments, multi -family dwellings or manufactured home parks in the City without first securing a commercial solid waste collection license from the City. The City Council, in the interest of maintaining healthful and sanitary conditions in the City, hereby reserves the right to limit the number of licenses initial issued to six (6), through attrition the number of licenses issued shall decrease to four (4). License Requirements: (A) The commercial license shall be valid for one (1) year and shall expire on May 31st of each year unless revoked sooner. The residential license shall be valid for one calender year and shall expire on December 31st of each year unless revoked sooner. (B) The license is non -transferable, unless approved by the City Council. The licensee shall not be entitled to a refund of any license fee upon revocation or voluntarily ceasing to carry on the license activity. (C) An applicant for a license shall make application to the City Clerk through forms and procedures prescribed by the City Clerk. The application for a license shall contain the following information: (1) The name, telephone number and current business address of the applicant. (2) A list of the place or places to which the residential solid waste and/or recyclable are to be hauled. (3) Information about the location and method of storage of collected recyclable materials, including evidence of compliance with all State, County and local laws and regulations. (D) An applicant must obtain all the insurance required by this Section. All costs and expenses are the responsibility of the applicant. All insurance coverage is subject to the approval by the City and shall be maintained by the licensee during the term of the license. No work under this license shall be commenced until the requirements of this section have been satisfied. The licensee shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance as required under the laws of the State of Minnesota and shall hold the City free and harmless from all liability from any cause that may arise by reason of injuries to any employee of the licensee. In the event that the licensee is the sole proprietor and has not elected to provide Worker's Compensation Insurance, the licensee shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the City. The license applicant must present proof of insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of the policy shall be one million dollars ($1,000,000.00) for bodily injuries to or death of one person, and three million dollars ($3,000,000.00) for any one accident resulting in injuries and/or death of more than one person, and a total of one million dollars ($1,000,000.00) liability for damages to property of others arising out of any accident. (E) An annual license fee shall be established by resolution of the City Council. (F) The City Council shall issue licenses only after receipt and review of all required forms,certificates, and fees. Upon review of the documents submitted, the City Council may issue a license if the documents comply with the provisions previously stated. An applicant denied a license by the City may have the decision reviewed by the City Council upon hearing. The applicant shall request review by the City Council in writing within ten (10) working days after denial of the license. The review will be scheduled for the first available council meeting but no later than 30 days from denial. • • • • • SECTION 8. CONTRACT FOR RESIDENTIAL REFUSE COLLECTION. a. Subject to the provisions of this section, the council shall be granted the authority to enter into a contract to collect and dispose of all refuse originating from residential property within the City by negotiation, bid or otherwise. Commercial, business establishment and demolition hauling shall not be affected by this contract. b. Terms. The contract shall be made for a term as determined by city council in contract. c. Contract Collector No person shall collect solid waste from residential property within the city except the licensed contract collector. No person shall permit solid waste to be collected from his/her premises by any person other than a licensed contract collector. SECTION 9. DUTIES AND OBLIGATIONS OF THE LICENSED COLLECTOR. A licensed solid waste and/or recyclable collector must comply with the following operational requirements. Failure to observe these provisions may be basis for suspension or revocation of a license. (A) The licensee shall operate in a manner consistent with its application materials and shall provide notice to the City within ten (10) days of any change in the information, forms, or certificates filed as part of the license application process. (B) The licensee shall comply with all State, County, local laws and regulations. (C) No collection of solid waste, yard waste, and/or recyclable materials shall be made except between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, Saturdays 9:00 a.m. and 4:00 p.m. with the exception of the following holidays falling on a weekday: Thanksgiving Day, Christmas Day, New Years Day, Memorial Day, July 4th, and Labor Day where the 7:00 a.m. to 6:00 p.m. hours would apply on Saturdays, with no collection on Sunday, except under extenuating circumstances including poor weather conditions or natural disasters. Customers shall be reasonably notified of the specific day for the collection of their garbage, refuse, and/or recyclable and the licensee shall collect the materials on those days. (D) The licensee shall offer residential customers at a minimum, a three tier rate - volume option, where the rate charged for garbage collection increases as the volume of garbage collected increases, with a minimum of three volume categories. (E) The licensee shall not impose a greater charge on residential customers who recycle more than those who do not recycle. (F) Each licensed solid waste, and/or recyclable collector shall only use vehicles and equipment so constructed that the contents will not leak or spill. The vehicles and equipment shall also be kept clean and as free from offensive odors as possible, and shall not stand in any street or public place longer than is reasonably necessary to collect garbage, refuse, yard waste and/or recyclable. The licensee shall also ensure that the immediate site is left tidy and free of liter. License Revocation The City Council may suspend or revoke the license of any hauling company whose conduct is found to be in violation of the provisions of this ordinance. Subd. 3 Mandatory Recycling for Solid Waste Haulers The licensed solid waste, and/or recyclable collector shall provide its residential and/or commercial customers with an opportunity to recycle through the weekly curbside collection of targeted recyclable. (A) The curbside collection of targeted recyclable shall be on the same day as the collection of the customer's solid waste, but may occur at a different time within that day. The targeted recyclable collection shall be from a location at or near the customer's solid waste collection site, or such other location mutually agreeable to the hauler and the customer. Commercial recyclable collection shall be from a location at or near the customer's solid waste collection site, or such other location mutually agreeable to the hauler and the customer. (B) The recyclable materials collected shall be designated as targeted recyclable by the City. The designation process is a follows: Each licensed solid waste, and/or • • • recyclable collector shall be given 60 days written notice of proposed additions to the list of targeted recyclable. The notice will specifically describe the materials proposed for addition, will describe how the addition might affect the duties and obligations of the licensee and will invite each licensee to one meeting to discuss the proposed additions. Notice shall be deemed by mail via general delivery, to the address provided on the most recent license application or renewal form. Nothing herein shall be construed to prevent a licensee from offering curbside collection for other recyclable materials, in addition to the targeted recyclable. (C) Adequate notification as to why recyclable material was not picked up must be left with any recyclable material (s) left at curbside. (D) The licensee is also deemed the owner of the recyclable upon collection, and the licensee may market them. (E) Each licensee shall submit a quarterly report to the City that identifies the weight in tons of recyclable and the volume in cubic yards of yard wastes that were collected by the licensee from City residences. Each commercial licensee shall submit a quarterly report to the City that identifies the type and weight in tons of recyclable that were collected by the licensee from City commercial establishments, multiple family dwellings and mobile home parks. Subd. 4 Indemnification The licensee shall hold the City harmless from all damages and claims of damages that may arise by reason of any negligence of the licensee or the licensee's agent or employee while engaged in the performance of the work and services covered by the license/contract requirements and shall indemnify the City against all claims, liens, expenses and claims for liens for work, tools, machinery, materials or insurance premiums or equipment or supplies and against all loss by reason of failure of the licensee in any respect to fully perform all obligations outlined in the duties and obligations of licensed residential solid waste collector. Subd. 5 Anti -Scavenging Provision It is unlawful for any person or business to scavenge, collect or otherwise remove garbage, refuse, recyclable, or yard waste that has been placed at the curb or in recycling containers, without a license f from the City and an account relationship with the owner, lessee, or occupant of the premises. SECTION 10. RATE AND CHARGES a. Billing. The service charge for each dwelling unit and business/commercial establishment shall be made to the owner or occupant by the licensed contractor. b. Certification of Payment. On September 30th of each year, if any residential service charge bill remains unpaid for a period longer than ninety (90) days, a statement of such delinquent and unpaid charges shall be mailed to the record owner of the premises and shall be certified by the City Clerk to the County Auditor between the 1st and 15th day of October of each year and the City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against the premises in the same manner as other taxes and collected by the County Treasurer and paid to the City along with other taxes. In the event the property is occupied by any person or persons not the owner, the owner is nonetheless obligated for all service collection charges incurred. If Certification is necessary a reasonable administration fee will be added. The licensed contractor will receive payment from city for their amount received within 30 days of receipt of tax settlements the following year. SECTION 11, EXCLUSIVE USE. Every householder or occupant of any dwelling house, boarding house, apartment house, mobile home or any other place of residence must avail themselves of the services of the City -approved licensed contractor or solid waste collector. Further, all non-residential places, such as businesses and commercial places, must avail themselves of the service of the City -approved licensed hauler. SECTION 12. SOLID WASTE COLLECTION SCHEDULE AND VACANCIES. The Contractor shall collect refuse in the city at least once a week from residences. When the City Clerk/Administrator is notified in writing that residence is to be continuously vacant or unoccupied for a period of not less than one calendar month and, if said notice is given prior to the first day of the initial month of vacancy, then, in that event, there shall he no refuse • • • • billing or liability for such residence during the period of vacancy. Provided, however, that any resident who receives collection service for any week shall be liable for the entire monthly charge. SECTION 13. CONTAINERS. a. General Requirement. Every household, occupant, or owner of any residence shall provide on the premises a container or container(s), provided by the licensed contractor. Such containers must receive and contain all refuse which may accumulate between collections or other disposal. All normal accumulation of refuse shall be deposited in such containers; except that leaves, trimmings from shrubs, grass clippings, shavings and other rubbish of similar volume and weight may be stored in closed containers not meeting the requirements. b. All business establishments shall have adequate facilities for the storage and collection of garbage and rubbish. Business establishments must make use of a licensed garbage and rubbish collector, not necessarily the residential licensed contractor. c. Container Requirements. Containers shall be maintained in good and sanitary condition. any container not conforming with the specifics in the contract with the contract hauler, or having ragged or sharp edges or any defect likely to hamper or injure the person collecting the contents, shall be promptly replaced after notice by the city. SECTION 14. UNLAWFUL DEPOSIT. No person, corporation, business entity or commercial establishment shall bring refuse or solid waste into the city for disposal or otherwise. SECTION 15. VIOLATION. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine of not more than $700.00 or by imprisonment of not more than 90 days, or both, plus the costs incurred in the prosecution of either case. SECTION 16. EFFECTIVE DATE. This ordinance becomes effective upon its passage and publication according to law, implementation to begin June 1, 1997. The residential contract is to be implemented January 1, 1998. The motion for adoption of the foregoing ordinance was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was duly passed and adopted. THIS ORDINANCE WAS INTRODUCED AND READ in full the 14, 1997 day of April, 1997 PASSED by the City of Lino Lakes this 28th day of April, 1997. L. Landers, Mayor Attest: XJ_64„LA6„,„ Marlyn G. Anderson, Clerk -Treasurer • • Council Member Lyden moved its adoption: introduced the following resolution and • • CITY OF LINO LAKES RESOLUTION NO. 97-46 RESOLUTION ESTABLISHING COMPENSATION FOR CITY HOUSING AND REDEVELOPMENT AUTHORITY (HRA) MEMBERS WHEREAS, The City of Lino Lakes has established a Housing and Redevelopment Authority in and for the City of Lino Lakes, and WHEREAS, said Housing and Redevelopment Authority has appointed a five (5) member commission consisting of the City Council Members to operate the HRA, and WHEREAS, said commission may be compensated for meetings as determined by State Statutes, NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Lino Lakes that a compensation rate of $35 per meeting has been established for the members of the HRA Commission as appointed by the Mayor and City Council. Be it further resolved that this compensation shall be retroactive to 1-1-97. Adopted by the Council of the City of Lino akes this 28th day of April, 1997. ATTEST: - Marilyn G. Anderson, Clerk/Treasurer Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. and the following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 97 - 47 RESOLUTION APPROVING TRAFFIC CONTROL AGREEMENT WITH ANOKA COUNTY, 49/23 INTERSECTION PROJECT WHEREAS, the City previously entered into State of Minnesota Traffic Control Agreement No. 73845 for a traffic control signal at CSAH No. 23 (Lake Drive), Trunk Highway No. 49 (Hodgson Road), and CR No. 10 (North Road), AND WHEREAS, State Trunk Highway No. 49 is under the jurisdiction of Anoka County now known as CSAH No. 49, AND WHEREAS, Anoka County Joint Powers Agreement No. 970502 is consistent with the cost sharing formulas outlined in Resolution No. 92-57 previously approved by the City Council of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council of Lino Lakes approves Anoka County Agreement No. 970502 and hereby authorizes and directs the proper City officers to execute said agreement. Adopted by the Lino Lakes City Council this 28th day of April, 1997. Marilyn G. nderson, Clerk -Treasurer Joh 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: Kuether, Lyden, Neal, Landers The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was duly passed and adopted. •, • • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-48 RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3-1 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. 3-1 on June 29, 1995. 1.03. In response to a recent development proposal from Northern Development LLC, 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. 3-1" dated April 28, 1997 and on file with the clerk -treasurer. 1.05. Copies of the modified Plan have been forwarded to Independent School District No. 624 and Anoka County along with notice of a public hearing to be held by the City on April 28, 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. 3-1 and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance. • 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 is necessary to permit the City to realize the full potential of Tax Increment Financing District No. 3-1 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. 3-1 are not affected by this modification. 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: April 28, 1997 , 1997 John L. Landers, Mayor ATTEST: • Mari yn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by member Lyden and upon vote being taken thereon, the following voted in favor thereof Kuether, Lyden, Neal, Landers. and the following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was declared duly passed and adopted. Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 49 RESOLUTION APPROVING THE MODIFIED PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-8 BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The City Council of the City of Lino Lakes (the "City") established Development District No. 1 (the "Development District") and adopted a Development District Program (the "Program") for the same on January 26, 1987. 1.02. In 1990 the City transferred authority over the Development District to the Lino Lakes Economic Development Authority (the "EDA"). 1.03. Seven tax increment financing districts have previously been established within the Development District. 1.04. In response to new development and redevelopment proposals, the Authority has determined to establish another tax increment financing district within the Development District. 1.05. The Authority has investigated the facts and has caused to be prepared a Modified Program and a tax increment financing plan (the "Plan") for Tax Increment Financing District No. 1-8 ("TIF District No. 1-8") describing the assistance which may be provided for the benefit of and to encourage development and redevelopment within the Development District. 1.06. All actions required by law to be performed prior to the adoption of the modified Program and the Plan and establishment of TIF District No. 1-8 have been performed, including approval of the Program and the Plan by the Authority on April 28, 1997. 1.07. The Authority has notified Anoka County and Independent School District Nos. 12 and 831 of the public hearing on the Plan to be held before the City on April 28, 1997. 1.08. The modified Program and Plan are contained in a document entitled "Modified Development District Program, Development District No. 1 and Tax Increment Financing Plan, Tax Increment Financing District No. 1-8, Lino Lakes Economic Development Authority" dated April 28, 1997, which is on file at city hall. RHB121664 LN140-56 •' • • • • • 1.09. The Council has fully reviewed the contents of the modified Program and Plan and has on April 28, 1997 conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings Relating to the Modification of the Development District Program. 2.01. It is found that an additional portion of the community has not developed to a degree which its prominence in Lino Lakes would otherwise warrant solely through private efforts and that its inclusion within the Development District would be consistent with the reasons for establishing the Development District. 2.02. It is also found that the modification for the Program of Development District No. 1 would likely promote development of the area as a whole. 2.03. It is found that the Authority has the power and authority under Minnesota Statutes, sections 469.090-469.108 (the "EDA Act") and (the "TIF Act") to expand the boundaries of Development District No. 1 and to adopt the modified Program in order to promote such development. Section 3. Findings Relating to the Establishment of Tax Increment Financing District No. 1-8. 3.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the Development District and the community 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 establish Tax Increment Financing District No. 1-8. 3.02. It is further found and determined, and it is the reasoned opinion of the City, that the development and redevelopment projects proposed in the Plan for Tax Increment Financing District No. 1-8 could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary to assist the projects. 3.03. The expenditures proposed to be financed through tax increment financing are necessary to permit the Authority and the City to realize the full potential of Development District No. 1 in terms of development intensity and tax base. 3.04. The Plan for Tax Increment Financing District No. 1-8 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Development District by private enterprise. 3.05. The City has relied upon the opinions and recommendations of its staff, the Authority and the personal knowledge of the members of the city council in reaching its conclusions regarding the Plan and the establishment of Tax Increment Financing District No. 1- 8. In addition, the staff has reviewed the property to be included within Tax Increment Financing District No. 1-8 and prepared a report on the conditions of the buildings located thereon which RHB121664 LN140-56 establishes that Tax Increment Financing District No. 1-8 qualifies as a redevelopment tax increment district. 3.06. Tax Increment Financing District No. 1-8 is a redevelopment tax increment financing district within the meaning of Minnesota Statutes, section 469.174, subd. 10 (a) (1). Section 4. Approval of the Modified Development District Program and Tax Increment Financing Plan; Establishment of Tax Increment Financing District No. 1-8. 4.01. The modified Program for Development District No. 1 is hereby adopted subject to a finding by the planning and zoning commission that the modified Program is consistent with the City's comprehensive plan. 4.02. The expanded boundaries of Development District No. 1 are as described in the modified Program and incorporated herein by reference. 4.03. The Plan for Tax Increment Financing District No. 1-8 is hereby approved as adopted by the Authority. 4.04. Tax Increment Financing District No. 1-8 is hereby established. The boundaries of Tax Increment Financing District No. 1-8 are as described in the Plan and incorporated herein by reference. 4.05. The City elects for Tax Increment Financing District No. 1-8 to be treated as • described in Minnesota Statutes, section 469.177, subd. 3(a) with regard to fiscal disparities. 4.06. The City elects to make a qualifying local contribution for Tax Increment Financing District No. 1-8 pursuant to Minnesota Statutes, section 273.1399, subd. 6(d). 4.07. The Executive Director of the Authority is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the modified Program and the Plan to the auditor of Anoka County with a request that the original tax capacity of the property within Tax Increment Financing District No. 1-8 be certified to the Authority and the City pursuant to section 469.177, subd. 1 of the TIF Act and to file a copy of the modified Program and the Plan for Tax Increment Financing District No. 1-8 with the Minnesota state auditor. 4.08. The City Administrator is authorized and directed to transmit a copy of this resolution to the Authority. DATED: April 28, 1997. RHB121664 LN140-56 L. Lan•ers, Mayor • ATTEST: Mar In G. A derson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Neal and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. and the following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was declared duly passed and adopted. RHB121664 LN140-55